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<br /> §113.1 40 CFR Ch. 1 (7-1-93 Edffion) EnAronmerdal Protection Agency
<br /> dinator may determine to be necessary
<br /> treatment facilities and terminal oil storage §113.2 Applicability. to minimize or mitigate damage to the
<br /> fAcilitles. "n ie o..►—"t. annliPa to all onshore noblic health or welfare, including but
<br /> (B)Transfer hoses,loading arms and other oil stge f ilities with fixed capes- not limited to, fish, shellfish, wildlife;
<br /> ora
<br /> equipment appurtenant to a non-transpor- and public and private property,shore-
<br /> tation-related facility which is used to trans- ity of 1,000 barrels or less. When a dis-
<br /> fer all in bulk to or from a vessel. charge to the waters of the United linea,and beaches.
<br /> (C) Interstate and intrastate onshore and States occurs from such facilities and Additionally, the terms not otherwise
<br /> offshore pipeline systems Including pumps when removal of said discharge is per- defined herein shall have the meanings
<br /> and appurtenances related thereto as well as formed by the United States Govern- assigned them by section 311(a) of the
<br /> in-line or breakout storage tanks needed for ment pursuant to the provisions of sub- Act.
<br /> the continuous operation of a pipeline Sys- section 311(c)(1)of the Act, the liability
<br /> tem,and pipelines from onshore and offshore of the owner or operator and the facil-
<br /> oil production facilities, but excluding on- ity will be limited to the amounts spec- 1113.4 Size classes and associated It-
<br /> shore and offshore piping from wellheads to ability limits for fixed onshore oil
<br /> oil separators and pipelines which are used ified in§113.4. storage facilities, 1,000 barrels or
<br /> for the transport of oil exclusively within less capacity.
<br /> the confines of a nontranaportatlon-related §113.3 Definitions. Unless the United States can show
<br /> facility or terminal facility and which are that oil was discharged as a result of s
<br /> not intended to transport oil In interstate or As used in this subpart, the following willful negligence a willful t Of
<br /> intrastate commerce or to transfer oil in terms shall have the meanings indi-
<br /> bulk to or from a vessel. sated below: conduct within the privity and knowl-
<br /> (D) Highway vehicles and railroad cars (a) Aboveground storage facility edge of the owner or operator, the fol-
<br /> which are used for the transport of oil in means a tank or other container, the lowing limits of liability are estab-
<br /> interstate or intrastate commerce and the bottom of which is on a plane not more lished for fixed onshore facilities in the
<br /> I equipment and appurtenances related there- than 6 inches below the surrounding classes specified:
<br /> to, and equipment used for the fueling of lo- surface. (a)Aboveground storage.
<br /> comotive units, as well as the rights-of-way
<br /> on which they operate. Excluded are high- (b) Act means the Federal Water Pol- caW-I
<br /> way vehicles and railroad cars and motive lution Control Act, as amended, 33 Size class re )
<br /> power used exclusively within the confines of U.S.C.1151,et seq.
<br /> a non facility or ter- (c)Barre!means 42 United States gal- IL-.-..,.-.-.,:.."_- Lopto
<br /> minal facility and which are not intended for Ions at 60 degrees Fahrenheit. m moo
<br /> use in interstate or intrastate commerce. (d) Belowground storage facility N .._.I.......... 50I+000
<br /> means a tank or other container to-
<br /> PART 113—LIABILITY LIMITS FOR Gated other than as defined as "Above- (b)Belowground storage.
<br /> SMALL ONSHORE STORAGE ground". ar- Umn
<br /> FACILITIES (e) Discharge includes, but is not lim- Size stria (C"I�)
<br /> ited to any spilling, leaking, pumping,
<br /> Subpart A—OII Storage F[ICititles pouring. emitting. emptying or dump t.....:.--.-••..................... 5.000
<br /> .................................._..... ...Ir—
<br /> See.
<br /> ...... 7e,000
<br /> ing. tn.............................................. ..... 19s.o0o
<br /> Sec. (f) Onshore Oil Storage Facility means 0,.......::.................................... o- 260.000
<br /> 113.1 Purpose. any facility (excluding motor vehicles
<br /> 113.2 Applicability and rolling stock) of any kind located §113.5 Exclusions.
<br /> 113.3 Definitions. in, on, or under, any land within the
<br /> 113.4 Size classes and associated liability United States, other than submerged This subpart does not apply to:
<br /> limits for fixed onshore oil storage facili- land (a) Those facilities whose average
<br /> ties,1,000 barrels or less capacity. (g) On-Scene Coordinator is the single dally oil throughout is more than their
<br /> 113.5 Exclusions. Federal representative designated pur- fixed oil storage capacity.
<br /> 113.6 Effect on other laws (b)Vehicles and rolling stock.
<br /> AUTHoRrry: sec. 311(f)(2), 86 Stat. 861 (33 suint the National 0and Hazard-
<br /> ous Substances Pollutionn Contingency
<br /> U.S.C,1251(1972)).
<br /> Plan and identified in approved Re- §113.6 Effect on other laws.
<br /> SouRcz: 38 FR 25440, Sept. 13, 1973, unless gional oil and Hazardous Substances Nothing herein shall be construed to
<br /> otherwise noted. Pollution Contingency Plans. limit the liability of any facility under
<br /> (h) Oil means oil of any kind or in State or local law or under any Federal
<br /> Subpart A—Oil Storage FOCIIItIe$ any form, including but no limited to. law other than section 311 of the Act,
<br /> petroleum, fuel oil. sludge, oil refuse, nor shall the liability of any facility
<br /> §113.1 Purpose. and oil mixed with wastes other than for any charges or damages under
<br /> This subpart establishes size classi- dredged spoil. State or local law reduce its liability
<br /> fications and associated liability limits (i) Remove or removal means the re- to the Federal Government under sec-
<br /> for small onshore oil storage facilities moval of the oil from the water and tion 311 of the Act, as limited by this
<br /> with fixed capacity of 1,000 barrels or shorelines or the taking of such other subpart.
<br /> less actions as the Federal On-Scene Coor-
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