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§109.6 40 CFR Ch. 1 (7-1-93 Edition) I Environmental Protection Agency §110.1
<br /> mental agencies to avoid unnecessary trained, prepared and available operat- Sec. scope of relevant operating or treat-
<br /> duplication of contingency planning ing personnel. 110.7 Exception for vessel engines. ment systems:
<br /> activities and to minimize the poten- (2) Predesignation of a properly 110.8 Dispersants. MARPOL 73178 means the Inter-
<br /> t1al for conflict and confusion that qualified oil discharge response coordi- 110.9 Demonstration projects. national Convention for the Prevention
<br /> could be generated in an emergency nator who Is charged with the respon- 110.10 Notice. of Pollution from Ships, 1973, as modi-
<br /> situation as a result of such duplica- sibility and delegated commensurate 110.11 Discharge at deepwater ports. fled by the Protocol of 1978 relating
<br /> tions. authority for directing and coordinat- AUTHORITY: Seca. 311 (b)(3) and (b)(4) and thereto, Annex I, which regulates pol-
<br /> (b)Establishment of notification pro- ing response operations and who knows 501(x), Federal Water Pollution Control Act, lotion from oil and which entered into
<br /> cedures for the purpose of early detec- how to request assistance from Federal goamended s33 U.S.C_18(m1321 (the Deepwater force on October 2, 1983;
<br /> tion and timely notification of an 011 authorities operating under existing i Port Act of 1974 (33 U.S.C. 1517(m)(3)); E.O. Navigable waters means the waters of
<br /> discharge including: national and regional contingency 117as 98 PR 21243. 3 CFR Parts 1971-1975 the United States, including the terri-
<br /> (1) The identification of critical plans. I Comp.,P.793. torial seas.The term includes:
<br /> water use areas to facilitate the report- (3) A preplanned location for an Oil SOURCE: 52 FR 10719, Apr. 2. 1987, unless (a) All waters that are currently
<br /> Ing of and response to oil discharges. discharge response operations center otherwise noted. used, were used in the past, or may be
<br /> (2) A current list of names, telephone and a reliable communications system susceptible to use in interstate or for-
<br /> numbers and addresses of the mspon- for directing the coordinated overall 4110.1 Definitions. eign commerce, including all waters
<br /> sible persons and alternates on call to response operations.
<br /> As used in this part, the following that so subject to the ebb and flow of
<br /> receive notification of an F discharge (4) Previsions for varying degrees terms shall have the meaning Indicated the tide; .�
<br /> as well as the names, telephone num- response effort depending on the sever-r- I below: (b)Interstate waters,including i1,
<br /> ben and addresses of the organizations ity of the oil discharge. state wetlands;
<br /> and agencies to be notified when an oil (5) Specification of the order of prior- tion Act
<br /> C Control Act, asFederal
<br /> amended,33 U.S.C. (c) All other waters such m intra-
<br /> discharge is discovered. ity In which the various water uses are 1 state lakes, rivers, streams (including
<br /> (3) Provisions for access to a reliable to be protected where more than one Water1251 Act; also known as the Clean intermittent streams), mudflats,
<br /> communications system for timely no- water use may be adversely affected as sandflats, and wetlands, the use, deg-
<br /> tification of an oil discharge and incor- a result of an oil discharge and where Administrator means the A Protection
<br /> - radation, or destruction of which would
<br /> poration in the communications sye- response operations may not be ade- trator of the Environmental Protection affect or could affect interstate or for-
<br /> tem of the capability for Inteoonnec- quate to protect all uses. Agency(EPA); eign commerce including any such wa-
<br /> tion with the communications systems (e) Specific and well defined pace- j Applicable water quality standards tens:
<br /> established under related oil removal dures to facilitate recovery of damages means State water quality standards (1)That are or could be used by inter-
<br /> contingency plana, particularly State and enforcement measures as provided adopted by the State pursuant to sec-
<br /> for by State and local statutes and or- I tion 303 of the Act or promulgated by state or foreign travelers for rec-
<br /> and National plans. EPA pursuant to that section; mational or other purposes;
<br /> (4)An established,prearranged proce- dinances. (2)From which fish or shellfish are or
<br /> dure for requesting assistance during a i Contiguous zone means the entire could be taken and sold in interstate or
<br /> major disaster or when the situation 4109.6 Coordination. zone established or to be established by
<br /> exceeds the response capability of the For the purposes of coordination, the the United States under article 24 of foreign commerce;
<br /> the Convention on the Territorial Sea (3)That are used or could used for
<br /> State, local or regional authority. contingency plans of State and local I industrial purposes by industries in
<br /> (c) Provisions to assure that full re- governments should be developed and and the Contiguous Zone; interstate commerce;
<br /> source capability is known and can be implemented in consultation with pri- I Deepwater port means an offshore fa-
<br /> commltted during an oil discharge sit- vate interests. A copy of any oil re- cillty as defined in section(3)(10)of the (d) All impoundments g waters able waters
<br /> uation including: moval contingency plan developed by 1 Deepwater Port Act of 1974 (33 U.S.C. erwlse defined as navig
<br /> State and local governments should be ` 1502(10)); under this section;
<br /> itin
<br /> (a The identification and inventory (e)Tributaries of waters ldei
<br /> of applicable equipment, materials and forwarded to the Council st Environ- section
<br /> 311 when used in relation to
<br /> supplies which are available locally mental Quality upon request to facili- section 311 of the Act, includes, but is paragraphs (a) through (d) of this
<br /> and regionally. tate the coordination of these contin- not limited to, any spilling, leaking, tion, including adjacent wetlands;and
<br /> (2) An estimate of the equipment, gency plans with the National Oil and pumping, pouring, emitting, emptying, (f) Wetlands adjacent to waters lden-
<br /> materials and supplies which would be Hazardous Materials Pollution Contin- or dumping, but excludes (A) Dis- tified in paragraphs (a) through (e) of
<br /> required to remove the maximum oil gency Plan. charges in compliance with a permit this section: Provided, That waste
<br /> discharge to be anticipated. under section 402 of the Act, (B) dis- treatment systems (other than cooling
<br /> (3) Development of agreements and PART I IO—DISCHARGE OF OIL charges resulting from circumstances Ponds meeting the criteria of this para-
<br /> arrangements in advance of an oil dls- identified and reviewed and made a graph) are not waters of the United
<br /> e for the acquisition of equip- Sec. part of the public record with respect States;
<br /> charge
<br /> and supplies to be used 110.1 Dennitions. to a permit issued or modified under NPDES means National Pollutant
<br /> in responding to such a discharge. 110.2 Applicability. section 402 of the Act, and subject to a Discharge Elimination System:
<br /> (d) Provisions for well defined and 110.3 Discharge Into navigable waters of condition in such permit, and (C) con- OjJshare facility means any facility of
<br /> such quantities as may be harmful tinuous or anticipated intermittent any kind located in, on, or under any of
<br /> specific actions to be taken after dfs- 110.4 Discharge into contiguous zone of such
<br /> covery and notification of an oil dfs- quantities as may be harmful. discharges from a point source, identl- the navigable waters of the United
<br /> charge including: 110.5 Discharge beyond contiguous zone of fled in a permit or permit application States, and any facility of any kind
<br /> (1) Specification of an oil discharge such quantities as may be harmful. under section 402 of the Act, that are that is subject to the jurisdiction of
<br /> response operating team consisting of 110.6 Discharge prohibited. caused by events occurring within the the United States and is located in, on,
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