1. (a) After reviewing an application made under § 158.140(a)(1), the COTP determines by inspection the following:

   1. (1) When the application is made on Form A, whether or not the reception facility meets Subpart B of this part.
   2. (2) When the application is made on Form B, whether or not the reception facility and the port, or the reception facility and the terminal, meet Subpart C of this part.

2. (b) After the inspections under paragraph (a) are conducted, and after consulting with the Administrator of the Environmental Protection Agency (EPA) or his or her designee, the COTP.

   1. (1) Issues a Certificate of Adequacy to the person in charge for the port or terminal; or
   2. (2) Denies the application and informs the person in charge in writing of the reasons for the denial.

3. (c) After reviewing an application made under § 158.140(a)(2), the COTP—

   1. (1) Issues a Certificate of Adequacy to the person in charge for the port or terminal; or
   2. (2) Denies the application and informs the person in charge in writing of the reasons for the denial.
4. (d) In order to remain valid, the Certificate of Adequacy must have attached to it any waivers that are granted under § 158.150 when the Certificate of Adequacy is issued.

5. (e) Each Certificate of Adequacy remains valid for a period of five years or until—

   1. (1) Suspended;
   2. (2) Revoked; or
   3. (3) This part no longer applies to the port or terminal.

Note: If in the instruction manual required by § 158.330(b) there is a certification by a registered professional engineer licensed by a state or the District of Columbia that the backpressure requirements under § 158.330(a) are met, the COTP determines whether or not to accept this finding.

[CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended by CGD 96-026, 61 FR 33668, June 28, 1996; USCG-2010-0351, 75 FR 36286, June 25, 2010]