b) From May 1 to September 15, the regulatory
control period, every owner or operator of a marine terminal subject to the
requirements of this Subpart shall load gasoline or crude oil only into marine
vessels that are:
1) Equipped with vapor
collection equipment that has been certified as required by Coast Guard
regulations found at 46 CFR 39;
3) Vapor-tight as described in the following
subsections (b)(3)(A), (b)(3)(B), (b)(3)(C), or (b)(3)(D) of this Section:
A) The owner or operator of the marine
terminal shall load each marine vessel with a vacuum assisted vapor collection
system, instrumented in such a way that the pump(s) transferring gasoline or
crude oil to the marine vessel will not operate unless the vapor collection
system is properly connected and properly operating.
B) As an alternative to subsection (b)(3)(A)
of this Section, the owner or operator of the marine terminal shall obtain
documentation as described in Section
219.770(b)
of this Subpart that the marine vessel has been vapor-tightness tested within
either the preceding 12 months or the preceding 14 months, if the test is being
conducted as part of the Coast Guard's reinspection of the vessel required
under
46 CFR
31.10-17, using Method 21 of Part 60,
Appendix A, incorporated by reference at Section
219.112
of this Part, as described in Section
219.768(b)
of this Subpart.
C) If there is no
documentation of a successful leak test conducted on the marine vessel in
either the preceding 12 months or in the preceding 14 months, if the test is
being conducted as part of the Coast Guard's reinspection of the vessel
required under 47 CFR 31.10 -17, the owner or operator of the marine terminal
shall require that a leak test of the marine vessel be conducted during the
final 20 percent of loading of the marine vessel or shall not load the vessel.
The test shall be conducted when the marine vessel is being loaded at the
maximum liquid transfer rate for that transfer operation. The owner or operator
of the marine terminal shall require that the documentation described in
Section
219.770(b)
of this Subpart is completed prior to departure of the vessel.
D) If the marine vessel has failed its most
recent vapor-tightness leak test at the marine terminal, before the marine
vessel can be loaded, the owner or operator of the marine terminal shall
require that the owner or operator of the marine vessel provide documentation
that the leaks detected during the previous vapor-tightness leak test have been
repaired and that the marine vessel has been vapor-tightness tested since the
leak(s) has been repaired pursuant to subsection (b)(3)(B) of this
Section.