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(c)As provided in section 313 of the Clean Water Act(CWA), departments, agencies, and instrumentalities of the
<br /> Federal government are subject to this part to the same extent as any person.
<br /> (d) Except as provided in paragraph (f)of this section,this part does not apply to:
<br /> (1)The owner or operator of any facility, equipment, or operation that is not subject to the jurisdiction of the
<br /> Environmental Protection Agency(EPA)under section 311(j)(1)(C)of the CWA, as follows:
<br /> (i)Any onshore or offshore facility, that due to its location, could not reasonably be expected to have a discharge as
<br /> described in paragraph (b)of this section. This determination must be based solely upon consideration of the
<br /> geographical and location aspects of the facility(such as proximity to navigable waters or adjoining shorelines, land
<br /> contour, drainage, etc.)and must exclude consideration of manmade features such as dikes, equipment or other
<br /> structures,which may serve to restrain, hinder, contain, or otherwise prevent a discharge as described in paragraph (b)
<br /> of this section.
<br /> (ii)Any equipment, or operation of a vessel or transportation-related onshore or offshore facility which is subject to the
<br /> authority and control of the U.S. Department of Transportation, as defined in the Memorandum of Understanding
<br /> between the Secretary of Transportation and the Administrator of EPA, dated November 24, 1971 (appendix A of this
<br /> part).
<br /> (iii)Any equipment, or operation of a vessel or onshore or offshore facility which is subject to the authority and control
<br /> of the U.S. Department of Transportation or the U.S. Department of the Interior, as defined in the Memorandum of
<br /> Understanding between the Secretary of Transportation,the Secretary of the Interior, and the Administrator of EPA,
<br /> dated November 8, 1993(appendix B of this part).
<br /> (2)Any facility which, although otherwise subject to the jurisdiction of EPA, meets both of the following requirements:
<br /> (i)The completely buried storage capacity of the facility is 42,000 U.S. gallons or less of oil. For purposes of this
<br /> exemption, the completely buried storage capacity of a facility excludes the capacity of a completely buried tank, as
<br /> defined in§ 112.2, and connected underground piping, underground ancillary equipment, and containment systems,
<br /> that is currently subject to all of the technical requirements of part 280 of this chapter or all of the technical
<br /> requirements of a State program approved under part 281 of this chapter, or the capacity of any underground oil
<br /> storage tanks deferred under 40 CFR part 280 that supply emergency diesel generators at a nuclear power generation
<br /> facility licensed by the Nuclear Regulatory Commission and subject to any Nuclear Regulatory Commission provision
<br /> regarding design and quality criteria, including, but not limited to, 10 CFR part 50.The completely buried storage
<br /> capacity of a facility also excludes the capacity of a container that is"permanently closed,"as defined in§ 112.2 and
<br /> the capacity of intra-facility gathering lines subject to the regulatory requirements of 49 CFR part 192 or 195.
<br /> (ii)The aggregate aboveground storage capacity of the facility is 1,320 U.S. gallons or less of oil. For the purposes of
<br /> this exemption, only containers with a capacity of 55 U.S. gallons or greater are counted. The aggregate aboveground
<br /> storage capacity of a facility excludes:
<br /> (A)The capacity of a container that is"permanently closed"as defined in§ 112.2;
<br /> (B)The capacity of a"motive power container"as defined in § 112.2;
<br /> (C)The capacity of hot-mix asphalt or any hot-mix asphalt container;
<br /> (D)The capacity of a container for heating oil used solely at a single-family residence;
<br /> (E)The capacity of pesticide application equipment and related mix containers.
<br /> (F)The capacity of any milk and milk product container and associated piping and appurtenances.
<br /> (3)Any offshore oil drilling, production, or workover facility that is subject to the notices and regulations of the Minerals
<br /> Management Service, as specified in the Memorandum of Understanding between the Secretary of Transportation,the
<br /> Secretary of the Interior, and the Administrator of EPA, dated November 8, 1993 (appendix B of this part).
<br /> (4)Any completely buried storage tank, as defined in § 112.2, and connected underground piping, underground
<br /> ancillary equipment, and containment systems, at any facility, that is subject to all of the technical requirements of part
<br /> 280 of this chapter or a State program approved under part 281 of this chapter, or any underground oil storage tanks
<br /> including below-grade vaulted tanks, deferred under 40 CFR part 280, as originally promulgated, that supply
<br /> emergency diesel generators at a nuclear power generation facility licensed by the Nuclear Regulatory Commission,
<br /> provided that such a tank is subject to any Nuclear Regulatory Commission provision regarding design and quality
<br /> criteria, including, but not limited to, 10 CFR part 50. Such emergency generator tanks must be marked on the facility
<br /> diagram as provided in § 112.7(a)(3), if the facility is otherwise subject to this part.
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