VIRGINIA TANK VESSEL REQUIREMENTS ![tugboat [13k]](/export/sites/default/tanks/images/tugboat.gif)
IMPORTANT NOTICE REGARDING VIRGINIA TANK VESSEL REQUIREMENTS
![Tank Vessel [12k]](/export/sites/default/tanks/images/tankvesl.jpg)
Recent changes to Virginia state law will affect applications for approval of Virginia’s Tank Vessel Financial Responsibility and Tank Vessel Oil Discharge Contingency Plans.
Effective July 1, 2004 the operator of any tank vessel subject to these requirements is able to comply with state law by simply having an approved U. S. Coast Guard Certificate of Financial Responsibility (COFR) and an approved U. S. Coast Guard Vessel Response Plan (VRP). Therefore, if a tank vessel operator has a valid COFR or VRP approval letter, the operator does not have to submit a TVFR application (DEQ101-6), TVFR Renewal form (DEQ101-7), a TVODCP application (DEQ101-1) or supporting documents to the Virginia Department of Environmental Quality.
Please be advised that tank vessel operators transporting or transferring oil in Virginia state waters remain subject to all relevant requirements of Article 11 of the State Water Control Law (?? 62.1-44.34:14-23 of the Code of Virginia). In the event of an oil discharge the operator must immediately implement all applicable provisions of the vessel response plan, including notifications to Virginia state authorities.
If you have any questions concerning this change or any other requirements, please contact me by telephone at (804) 698-4268 or by email at jcqueisser@deq.virginia.gov.
To see the actual change to the change to the statute, go to the State Water Control Law, then type the following in the form to see the changes to the law: Article 11, section 62.1-44.34:15 and then; Article 11, section 62.1-44.34:16.
- single regulation for all tank vessel requirements
Previous regulations (9 VAC 25-100-10 et seq., formerly VR680-14-08 and 9 VAC 25-90-10 et seq., formerly VR680-14-07) were combined and divided to have a single regulation for tank vessels (9 VAC 25-101-10 et seq.) and one for on shore oil storage facilities (9 VAC 25-91-10 et seq.) The new regulations, for both tank vessels and facilities, became effective on June 24, 1998. The previous regulations were repealed upon this effective date.
- opportunity for waiver of application fees
The DEQ has determined that U. S. Coast Guard requirements for tank vessel financial responsibility and vessel response plans meet or exceed Virginia's requirements. In support of the "single plan" concept of oil spill response planning and relief from duplicative regulations, the DEQ has provided the opportunity for tank vessel operators to submit Coast Guard approved documents to meet Virginia requirements. Because of the streamlined process to review and approve applications based on Coast Guard approval, the application fees have been waived.
- new application forms must be submitted
As of the effective date of the new regulation or upon expiration of current approval, new forms for approval of tank vessel financial responsibility (TVFR) and an oil discharge contingency plan (ODCP) must be submitted. To facilitate the annual renewal of TVFR as required by law, a new form was developed to simplify the process. Because of the complex nature of international oil transportation, a new form was developed to designate an agent to act on behalf of the operator to renew TVFR and submit updated information to the DEQ. Although rarely used, new forms for application of TVFR approval using insurance, surety or guaranty means are also available. Electronic copies of all forms are available from the DEQ, but signed originals must be received in order to process the applications.
- "public vessels" exempt from entire tank vessel regulation
Public vessels are exempt from all provisions of the new regulation. Public vessel means a vessel owned or bareboat-chartered and operated by the United States, by a state or political subdivision or a foreign nation, except when the vessel is engaged in commerce. However, all requirements for reporting, containment and cleanup of oil discharges still apply to public vessels.
- applies to tank vessels
Requirements apply to all tank vessels with 15,000 gallons or more of bulk cargo capacity transporting or transferring oil upon Virginia waters. Does not include public vessels or vessels engaged only in activities within state waters related to the containment and cleanup of oil, including response-related training or drills.
- must have approved TVFR
The operator of a tank vessel entering Virginia waters shall deposit with the state cash or its equivalent in the amount of $500 per gross ton of such vessel. Tank vessel operators may obtain exemption from the cash deposit if evidence of financial responsibility is provided in an amount equal to the respective cash deposit. The acceptable means of providing such evidence are: self-insurance, insurance, surety or guaranty. Acceptance of evidence of financial responsibility expires one year from the date the department exempts an operator from the cash deposit requirement based on the acceptance of self-insurance.
- must have approved ODCP
No tank vessel operator shall cause or permit a tank vessel to transport or transfer oil in Virginia waters unless an oil discharge contingency plan has been approved by the DEQ. The plan must ensure that the operator can take such steps necessary to protect environmentally sensitive areas, to respond to the threat of an oil discharge and to contain, cleanup and mitigate the discharge within the shortest feasible time. A plan may include multiple vessels and is effective for five years from receipt of a complete application. Though the DEQ may require an oil discharge exercise to demonstrate the operator's ability to implement the plan, the operator will be consulted prior to initiating the exercise.
- definition of Oil
"Oil" means all petroleum and petroleum by-products, fuel oil, lubricating oils, sludge, oil refuse, oil mixed with other wastes, crude oils and all other liquid hydrocarbons, regardless of specific gravity. The tank vessel regulation does not include propane, non-petroleum hydrocarbon-based animal or vegetable oils or petroleum or other products (including crude oils or any fraction thereof) which is specifically listed as a hazardous substance under CERCLA (42 USC 9601 et seq.)
- definition of Operator
Operator" means any person who owns, operates, charters by demise, rents or otherwise exercises control over or responsibility for the vessel. A "person" may be a firm, corporation, association or partnership of one or more individuals.
- penalties for non-compliance
Article 11 of the State Water Control Law ('' 62.1-44.34:14 through 20) describes penalties for failure to obtain approval of the oil discharge contingency plan, failure to maintain evidence of financial responsibility, failure to cooperate in spill containment and cleanup, failure to report an oil discharge and failure to implement a contingency plan. Approval of the oil discharge contingency plan and acceptance of evidence of financial responsibility can be revoked if obtained by fraud or misrepresentation as well as for violations of other provisions of the article.
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List of Tank Vessel Forms
(9 VAC 25-101-10 et seq.)
Standard forms for approval
Application for Approval of a Tank Vessel Oil Discharge Contingency Plan (ODCP), DEQ101-1 (7/99).
Agent Designation Form for Commonwealth of Virginia Tank Vessel Oil Discharge Contingency Plan (ODCP) and Financial Responsibility Requirements, DEQ101-2 (4/98).
Application for Approval of Evidence of Tank Vessel Financial Responsibility (TVFR), DEQ101-6 (7/99).
Annual Certification of Evidence of Tank Vessel Financial Responsibility, DEQ101-7 (7/99).
These Standard forms for approval can be downloaded from the Download Library.
Forms rarely used
Insurance Form Furnished as Evidence of Financial Responsibility in Respect of Liability for Discharge of Oil Under ' 62.1-44.34:16 of the Code of Virginia and 9 VAC 25-101-50-A, DEQ101-3 (3/98).
Surety Bond Form Furnished as Evidence of Financial Responsibility of Liability for Discharge of Oil Under ' 62.1-44.34:16 of the Code of Virginia and 9 VAC 25-101-50-A, DEQ101-4 (3/98).
Guaranty Form Furnished as Evidence of Financial Responsibility of Liability for Discharge of Oil Under ' 62.1-44.34:16 of the Code of Virginia and 9 VAC 25-101-50-A, DEQ101-5 (3/98).
These Forms rarely used can be downloaded from the Download Library.
Application for Approval of a Tank Vessel Oil Discharge Contingency Plan (ODCP)
Form Number DEQ101-1
What?
-
application form for ODCP approval submitted by tank vessel operator
-
more than one vessel, use continuation page
-
copy of USCG Vessel Response Plan approval letter and certification of COTP zone of Hampton Roads for each vessel must be attached
-
ODCP approval letter listing vessels, expiration date and spill reporting information will be sent to operator
-
copy of approval letter must be kept on board while in Virginia waters
-
DO NOT send copy of response plan
Who?
-
"operator" must be the same entity as to USCG VRP approval letter issued
-
certification statement signed by authorized corporate official (signature no longer needs to be notarized)
When?
-
as of June 24, 1998 or upon expiration of current ODCP approval
Add vessel or...
-
operator must submit application form with VRP approval as above
...change name?
-
letter for, or including, new vessel will be sent to operator; copy must be kept on board while in Virginia waters
Vessel sold?
-
notification from operator or designated agent of date when no longer in operation
-
acknowledgment letter sent from DEQ upon request
-
amended ODCP approval letter for remaining vessels issued upon request
Upkeep?
-
must have current VRP approval on file at DEQ for ODCP approval to remain valid
-
DO NOT send response plan updates to DEQ
Agent Designation Form for Commonwealth of Virginia Tank Vessel Oil Discharge Contingency Plan (ODCP) and Financial Responsibility Requirements
Form Number DEQ101-2
What?
-
form designates an agent on behalf of the operator to submit:
" annual TVFR certification (form DEQ101-7) and updated COFRs,
" updated VRP approval documentation,
" notifications regarding vessels sold, address changes, etc.
-
operator may designate the agent for either (or both) submittals of TVFR certification and updates of USCG COFR or updates of USCG VRP approval
-
agent designation is optional depending on business interests, convenience
-
"agent designation" should not to be confused with naming an agent for service of process, which is required to be listed on form DEQ101-6
Who?
-
form submitted by the operator, signed by authorized corporate official
-
designated agent may be any person or company
-
operator may designate a different agent for TVFR certification and updates of USCG COFR, or updates of USCG VRP approval by submitting separate forms
When?
-
submit any time, preferably when applications are submitted
Upkeep?
-
none, except for address, phone, fax
-
agent designation in effect until otherwise specified
Application for Approval of Evidence of Tank Vessel Financial Responsibility (TVFR)
Form Number DEQ101-6
What?
-
application form for TVFR approval submitted by tank vessel operator (no fee if using USCG COFR to meet Virginia requirements)
-
more than one vessel, use continuation page
-
agent for service of process with location address in VA must be identified
-
copy of current USCG COFR for each vessel must be attached letter approving evidence of financial responsibility listing vessels will be sent to operator
-
copy of approval letter must be kept on board while in Virginia waters
Who?
-
"operator" must be the same entity as to whom USCG COFR is issued
-
certification statement signed by authorized corporate official (signature no longer needs to be notarized)
When?
-
as of June 24, 1998 or upon expiration of current approval
Add vessel or...
-
operator must submit application form with copy of COFR as above
...change name?
-
letter for new vessel will be sent; copy must be kept on board while in Virginia waters
Vessel sold?
-
operator (or designated agent) notifies DEQ of date when no longer in operation
-
acknowledgment letter will be sent by DEQ by request
-
amended approval letter for other vessels will be issued upon request
Upkeep?
-
must have current COFR on file at DEQ for approval to remain valid
-
approval for TVFR must be renewed annually; use form DEQ101-7
Annual Certification of Evidence of Tank Vessel Financial Responsibility
Form number DEQ101-7
What?
-
application form for annual renewal for evidence of TVFR approval (no fee for renewal)
-
form certifies that no changes have occurred since last application
-
letter approving evidence of TVFR of listed vessel or vessels will be sent to operator or designated agent
-
copy of approval letter must be kept on board while in Virginia waters
-
approval letter will reflect any vessel additions, removal of sold vessels or name changes submitted since previous approval
Who?
-
form submitted and signed by operator OR designated agent
-
(to designate agent, operator must submit form DEQ101-2)
When?
-
thirty days prior to expiration of current approval, which is one year from the date of the TVFR approval letter
Upkeep?
-
must keep current COFR on file with DEQ to remain valid
-
if COFR has been reissued or renewed within previous year and has not already been submitted, attach a copy to the TVFR Annual Renewal form
SUPPLEMENT TO VESSEL RESPONSE PLAN
OIL SPILLS TO VIRGINIA WATERS MUST BE REPORTED
In addition to reporting an oil discharge to the National Response Center (U. S. Guard requirements) the operator of a vessel from which there is a discharge of oil to Virginia state waters must report immediately upon learning of the discharge and implement the vessel response plan. Reports are made to the Department of Environmental Quality (Tidewater Regional Office) at 757-518-2000 during the hours of 8:15 AM to 5:00 PM, Monday through Friday. At other times, report oil discharges to Department of Emergency Services at 804-674-2400.
Please note:
- Discharge means any spilling, leaking, pumping, pouring, emitting, emptying or dumping.
- Oil means petroleum of any kind, including fuel oil, lubricating oil, crude oil, petroleum by-products, sludge, oily wastewater or any oil that causes a film, sheen or discoloration upon the water surface or adjoining shorelines or causes a sludge or emulsion to be deposited beneath the surface of the water or adjoining shorelines.
- State Waters means all water on the surface or under the ground within the borders of Virginia and within three (3) nautical miles of the Virginia shoreline.