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[67 FR 47140, July 17, 2002, as amended at 71 FR 77290, Dec. 26, 2006; 73 FR 74300, Dec. 5, 2008; 74 FR 58809,
<br /> Nov. 13, 2009; 76 FR 21660,Apr. 18, 2011]
<br /> 112.2 Definitions.
<br /> For the purposes of this part:
<br /> Adverse weather means weather conditions that make it difficult for response equipment and personnel to clean up or
<br /> remove spilled oil, and that must be considered when identifying response systems and equipment in a response plan
<br /> for the applicable operating environment. Factors to consider include significant wave height as specified in Appendix E
<br /> to this part(as appropriate), ice conditions,temperatures,weather-related visibility, and currents within the area in
<br /> which the systems or equipment is intended to function.
<br /> Alteration means any work on a container involving cutting, burning, welding, or heating operations that changes the
<br /> physical dimensions or configuration of the container.
<br /> Animal fat means a non-petroleum oil,fat, or grease of animal,fish, or marine mammal origin.
<br /> Breakout tank means a container used to relieve surges in an oil pipeline system or to receive and store oil transported
<br /> by a pipeline for reinjection and continued transportation by pipeline.
<br /> Bulk storage container means any container used to store oil. These containers are used for purposes including, but
<br /> not limited to, the storage of oil prior to use, while being used, or prior to further distribution in commerce. Oil-filled
<br /> electrical, operating, or manufacturing equipment is not a bulk storage container.
<br /> Bunkered tank means a container constructed or placed in the ground by cutting the earth and re-covering the
<br /> container in a manner that breaks the surrounding natural grade, or that lies above grade, and is covered with earth,
<br /> sand, gravel, asphalt, or other material.A bunkered tank is considered an aboveground storage container for purposes
<br /> of this part.
<br /> Completely buried tank means any container completely below grade and covered with earth, sand, gravel, asphalt, or
<br /> other material. Containers in vaults, bunkered tanks, or partially buried tanks are considered aboveground storage
<br /> containers for purposes of this part.
<br /> Complex means a facility possessing a combination of transportation-related and non-transportation-related
<br /> components that is subject to the jurisdiction of more than one Federal agency under section 3110)of the CWA.
<br /> Contiguous zone means the zone established by the United States under Article 24 of the Convention of the Territorial
<br /> Sea and Contiguous Zone,that is contiguous to the territorial sea and that extends nine miles seaward from the outer
<br /> limit of the territorial area.
<br /> Contract or other approved means means:
<br /> (1)A written contractual agreement with an oil spill removal organization that identifies and ensures the availability of
<br /> the necessary personnel and equipment within appropriate response times; and/or
<br /> (2)A written certification by the owner or operator that the necessary personnel and equipment resources, owned or
<br /> operated by the facility owner or operator, are available to respond to a discharge within appropriate response times;
<br /> and/or
<br /> (3)Active membership in a local or regional oil spill removal organization that has identified and ensures adequate
<br /> access through such membership to necessary personnel and equipment to respond to a discharge within appropriate
<br /> response times in the specified geographic area; and/or
<br /> (4)Any other specific arrangement approved by the Regional Administrator upon request of the owner or operator.
<br /> Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying,or dumping of oil,
<br /> but excludes discharges in compliance with a permit under section 402 of the CWA; discharges resulting from
<br /> circumstances identified, reviewed, and made a part of the public record with respect to a permit issued or modified
<br /> under section 402 of the CWA, and subject to a condition in such permit; or continuous or anticipated intermittent
<br /> discharges from a point source, identified in a permit or permit application under section 402 of the CWA,that are
<br /> caused by events occurring within the scope of relevant operating or treatment systems. For purposes of this part,the
<br /> term discharge shall not include any discharge of oil that is authorized by a permit issued under section 13 of the River
<br /> and Harbor Act of 1899(33 U.S.C.407).
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