{"data":{"id":"us/33-cfr-154.1016","jurisdiction":"us","citation":"33 CFR 154.1016","heading":"Facility classification by COTP.","body":"(a) The COTP may upgrade the classification of:\n(1) An MTR facility not specified in § 154.1015 (b) or (c) to a facility that could reasonably be expected to cause substantial harm to the environment; or\n(2) An MTR facility specified in § 154.1015(b) to a facility that could reasonably be expected to cause significant and substantial harm to the environment.\n(b) The COTP may downgrade, the classification of:\n(1) An MTR facility specified in § 154.1015(c) to a facility that could reasonably be expected to cause substantial harm to the environment; or\n(2) An MTR facility specified in § 154.1015(b) to a facility that could not reasonably be expected to cause substantial, or significant and substantial harm to the environment.\n(3) The COTP will consider downgrading an MTR facility's classification only upon receiving a written request for a downgrade of classification from the facility's owner or operator.\n(c) When changing a facility classification the COTP may, as appropriate, consider all relevant factors including, but not limited to: Type and quantity of oils handled in bulk; facility spill history; age of facility; proximity to public and commercial water supply intakes; proximity to navigable waters based on the definition of navigable waters in 33 CFR 2.36; and proximity to fish and wildlife and sensitive environments.","path":["Title 33—Navigation and Navigable Waters","CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY","SUBCHAPTER O—POLLUTION","PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK","Subpart F—Response Plans for Oil Facilities"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-33.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:35Z","sha256":"36939aff4d8da91b59fe8a49755e2ae18f19c4d5e1f2d67b8209512ccfb17ab4","source_id":"us-cfr","stale":true,"prev":"us/33-cfr-154.1015","next":"us/33-cfr-154.1017"},"notice":"GroundRules: Original legal text. Not legal advice."}