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<br /> §11D 11 40 CFR Ch. 1 (7-1-93 Edition) Environmental Protection Agency §112.2,
<br /> §110.11 Discharge at deepwater ports. 21243, 3 CFR,superseded by E.O. 12777,56 FR and offshore facilities which are sub- 1972(86 Stat.816 et seq., 33 U.S.C. 1251 et
<br /> 54757. ject to authority and control of the De- seq.).
<br /> (a) Except provided in paragraph SOURCE: 38 FR 34165, Dec. 11, 1973, unless partment of Transportation, as defined (c) Onshore facility means any facility
<br /> (b) below, for purposes of section otherwise noted. in the Memorandum of Understanding of any kind located in, on, or under any
<br /> 18(m)(3) of the Deepwater Port Act of between the Secretary of Transpor- land within the United States, other
<br /> 1974, the term "discharge" shall in- §112.1 General applicability. tation and the Administrator of the than submerged lands, which is not a
<br /> clude but not be limited to, any spill- I Environmental Protection Agency, transportation-related facility.
<br /> ing, leaking, pumping, pouring, emit- (a) This part establishes procedures, dated November 24, 1971,36 FR 24000. (d) Offshore facility means any facil-
<br /> ting, emptying, or dumping into the methods and equipment and other re- (2) Those facilities which, although ity of any kind located in, on, or under
<br /> marine environment of quantities of quirements for equipment to prevent otherwise subject to the jurisdiction of any of the navigable waters of the
<br /> oil that: the discharge of oil from non-transpor- the Environmental Protection Agency, United States, which is not a transpor-
<br /> (1) Violate applicable water quality tation-related onshore and offshore,fa- meet both of the following require- tation-related facility.
<br /> standards,or cilities into or upon the navigable wa-
<br /> menta: (e) Owner or operator means any per-
<br /> (2)Cause a film or sheen upon or dis- ters of the United States or adjoining k
<br /> a (1) The underground buried storage son owning or operating an onshore fa-
<br /> coloration of the surface of the water shorelines. capacity of the facility is 42,000 gallons cility or an offshore facility,and in the
<br /> or adjoining shorelines or cause a (b} Except t provided r paragraph or less of oil,and case of any abandoned offshore facility,
<br /> sludge or emulsion to be deposited be- (d) of this section, this part applies to (ii) The storage capacity, which is the person who owned or operated such
<br /> neath the surface of the water or upon owners or operators of non-transpor-
<br /> tation-related
<br /> on-transpor s not buried, of the facility is 1,320 gal-
<br /> adjoining shorelines. tation-related onshore and offshore fa- i facility immediately prior to
<br /> cilities engaged in drilling, producing, lons or less of oil, provided no single abandonment.
<br /> (b) For purposes of section 18(m)(3)of gathering,storing, processing,refining, container has a capacity in excess of (f) Person includes an individual,
<br /> the Deepwater Port Act of 1974, the g 660 gallons. firm, corporation, association, and a
<br /> term"discharge" excludes: transferring, distributing or consuming (e)This part provides for the repara-
<br /> oil and oil products, and which, due to p partnership.
<br /> (1} Discharges of oil from a properly heir l � tion and implementation of Spill Pre- (g} Regional Administrator, means the
<br /> tlocation, could reasonably be ex-
<br /> functioning vessel engine, (including their lto discharge oil in harmful i vention Control and Countermeasure Regional Administrator aC the Envi-
<br /> an engine on a public vessel), but not Plans prepared in accordance with ronmental Protection Agency, or his
<br /> discharges of such oil accumulated in a quantities, as defined in part 110 of this 112.7,designed to complement existing
<br /> vessel's bilges (unless in compliance chapter, into or upon the navigable wa §laws, regulations, rules, sdesignee, in and for the Region in
<br /> standards,
<br /> with MARPOL 73178,Annex 1);and ters of the United States or adjoining policies and procedures pertaining to which the facility is located.
<br /> shorelines. � (h) Transportation-related and non-
<br /> (2) Discharges n oil permitted under (c)As provided in section 313(86 Stat. t safety standards, fire prevention and transportation-related as applied to an
<br /> MARPOL 73178,An
<br /> I. 875) departments, agencies, and instru- ! pollution prevention rules, so as to onshore or offshore facility, are defined
<br /> PART 112--OIL POLLUTION mentalities of the Federal government form a comprehensive balanced Fed- in the Memorandum of Understanding
<br /> are subject to these regulations to the erallState spill prevention program to between the Secretary of Transpor-
<br /> PREVENTION same extent as any person, except for minimize the potential for oil dis- tation and the Administrator of the
<br /> the provisions of§112.6. L charges. Compliance with this part Environmental Protection Agency,
<br /> Sec. (d)This part does not apply to: does not in any way relieve the owner dated November 24,1971,36 FR 24080.
<br /> 112.1 General applicability. (1) Facilities, equipment or oper- or operator of an onshore or an o[C- (i)Spill event means a discharge of oil
<br /> 112.2 Definitions. ations which are not subject to the ju- € shore facility from compliance with into or upon the navigable waters of
<br /> 112.3 Requirements for preparation and risdiction of the Environmental Pro- other Federal, State or local laws.
<br /> implementation of§pill Prevention Con- tection Agency,as follows: the United States adjoining shore-
<br /> implementation
<br /> and Countermeasure Plans. (i) Onshore and offshore facilities, [38 FR 34165, Dec. 41, 1973, as amended at 41 linea in harmful quantities, as defined
<br /> 112.4 Amendment of SPCC Plans by Re- FR 12657,Mar.26,1976) at 40 CFR part 110-
<br /> gional Administrator. which, due to their location, could not I (j) United States means the S �,rQ
<br /> 112.5 Amendment of Spill Prevention Con- reasonably"be expected to discharge oil §112.2 Definitions. the District of Columbia, the Con.,,ri1
<br /> trol and Countermeasure Plans by own- into or upon the navigable waters of wealth of Puerto Rico, the Canal Zone,
<br /> ers r-r operators. the United States or adjoining shore- For the purposes of this part: Guam, American Samoa, the Virgin Is-
<br /> 112.6 Civil penalties for violation of oil pc1- lines. This determination shall be (a} Oil means oil of any kind or in lands, and the Trust Territory of the
<br /> lution prevention regulations, based solely upon a consideration of any form, including, but not limited to Pacific Islands.
<br /> 112.7 Guidelines for the preparation and lm- the geographical, locational aspects of petroleum, fuel oil, sludge, oil refuse
<br /> plementation of a Spill Prevention Con- the facility (such as proximity to nevi- and oil mixed with wastes other than (k) The term navigable Maters of the
<br /> trol and Countermeasure Plan. United States means navigable waters
<br /> gable waters or adjoining shorelines, dredged spoil. as defined in section 502(7) of the
<br /> APPENDIX TO PART 112—MEMORANDUM OF UN- land contour, drainage, etc.) and shall (b) Discharge includes but s not lim- FWPCA,and includes:
<br /> DERSTANDING 139MEEN THE SECRETARY OF exclude consideration of manmade fea- ited to, any spilling, leaking, pumping,
<br /> TRANSPORTATION AND THE ADMINISTRATOR tures such as dikes,equipment or other pouring, emitting, emptying or dump- (1) All navigable waters of the United
<br /> OF THE ENVIRONMENTAL PROTECTION structures which may serve to restrain, Ing. For purposes of this part, the term States, as defined in judicial decisions
<br /> AGENCY hinder, contain, or otherwise prevent a discharge shall not include any dis- prior to passage of the 1972 Amend-
<br /> AUTHORITY: Sec, 311. 501(a), Federal water discharge of oil from reaching navi- charge of oil which is authorized by a ments to the FWPCA (Pub. L. 92-500),
<br /> Pollution Control Act(sec. 2. Pub. L.92-500, gable waters of the United States or permit issued pursuant to section 13 of and tributaries of such waters:
<br /> 86 stat. 816 et seq. (33 U.S.C. 1251 et seq.)): adjoining shorelines:and the River and Harbor Act of 1899 (30 (2)Interstate waters;
<br /> sec.4(b),Pub. L.92-M.86 Stat,897:5 U.S.C.
<br /> (ii)
<br /> of 1970 No. 3 (197D), 35 FR 15623. Equipment or operations of vee- Stat. 1121.33 U.S.C. 407), or sections 402 (3) Intrastate lakes, rivers, an
<br /> Reorg. Plan 2 CFR 1966 of 1 Comp.: E.O. 135 F 38 FR eels or transportation-related onshore or 405 of the FWPCA Amendments of streams which are utilized by inter-
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