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Facility means any mobile or fixed, onshore or offshore building, property, parcel, lease, structure, installation,
<br /> equipment, pipe, or pipeline(other than a vessel or a public vessel)used in oil well drilling operations, oil production, oil
<br /> refining, oil storage, oil gathering, oil processing, oil transfer, oil distribution, and oil waste treatment, or in which oil is
<br /> used, as described in Appendix A to this part.The boundaries of a facility depend on several site-specific factors,
<br /> including but not limited to, the ownership or operation of buildings, structures, and equipment on the same site and
<br /> types of activity at the site. Contiguous or non-contiguous buildings, properties, parcels, leases, structures,
<br /> installations, pipes, or pipelines under the ownership or operation of the same person may be considered separate
<br /> facilities. Only this definition governs whether a facility is subject to this part.
<br /> Farm means a facility on a tract of land devoted to the production of crops or raising of animals, including fish, which
<br /> produced and sold, or normally would have produced and sold, $1,000 or more of agricultural products during a year.
<br /> Fish and wildlife and sensitive environments means areas that may be identified by their legal designation or by
<br /> evaluations of Area Committees (for planning)or members of the Federal On-Scene Coordinator's spill response
<br /> structure(during responses). These areas may include wetlands, National and State parks, critical habitats for
<br /> endangered or threatened species,wilderness and natural resource areas, marine sanctuaries and estuarine reserves,
<br /> conservation areas, preserves, wildlife areas,wildlife refuges,wild and scenic rivers, recreational areas, national
<br /> forests, Federal and State lands that are research national areas, heritage program areas, land trust areas, and
<br /> historical and archaeological sites and parks.These areas may also include unique habitats such as aquaculture sites
<br /> and agricultural surface water intakes, bird nesting areas, critical biological resource areas, designated migratory
<br /> routes, and designated seasonal habitats.
<br /> Injury means a measurable adverse change, either long-or short-term, in the chemical or physical quality or the
<br /> viability of a natural resource resulting either directly or indirectly from exposure to a discharge, or exposure to a
<br /> product of reactions resulting from a discharge.
<br /> Loading/unloading rack means a fixed structure(such as a platform, gangway) necessary for loading or unloading a
<br /> tank truck or tank car,which is located at a facility subject to the requirements of this part.A loading/unloading rack
<br /> includes a loading or unloading arm, and may include any combination of the following: piping assemblages, valves,
<br /> pumps, shut-off devices, overfill sensors, or personnel safety devices.
<br /> Maximum extent practicable means within the limitations used to determine oil spill planning resources and response
<br /> times for on-water recovery, shoreline protection, and cleanup for worst case discharges from onshore non-
<br /> transportation-related facilities in adverse weather. It includes the planned capability to respond to a worst case
<br /> discharge in adverse weather, as contained in a response plan that meets the requirements in §112.20 or in a specific
<br /> plan approved by the Regional Administrator.
<br /> Mobile refueler means a bulk storage container onboard a vehicle or towed,that is designed or used solely to store and
<br /> transport fuel for transfer into or from an aircraft, motor vehicle, locomotive, vessel, ground service equipment, or other
<br /> oil storage container.
<br /> Motive power container means any onboard bulk storage container used primarily to power the movement of a motor
<br /> vehicle, or ancillary onboard oil-filled operational equipment.An onboard bulk storage container which is used to store
<br /> or transfer oil for further distribution is not a motive power container.The definition of motive power container does not
<br /> include oil drilling or workover equipment, including rigs.
<br /> Navigable waters of the United States means"navigable waters"as defined in section 502(7)of the FWPCA, and
<br /> includes:
<br /> (1)All navigable waters of the United States, as defined in judicial decisions prior to passage of the 1972 Amendments
<br /> to the FWPCA(Pub. L. 92-500), and tributaries of such waters;
<br /> (2) Interstate waters;
<br /> (3) Intrastate lakes, rivers, and streams which are utilized by interstate travelers for recreational or other purposes; and
<br /> (4) Intrastate lakes, rivers, and streams from which fish or shellfish are taken and sold in interstate commerce.
<br /> Non-petroleum oil means oil of any kind that is not petroleum-based, including but not limited to: Fats, oils, and greases
<br /> of animal,fish, or marine mammal origin; and vegetable oils, including oils from seeds, nuts,fruits, and kernels.
<br /> Offshore facility means any facility of any kind (other than a vessel or public vessel)located in, on, or under any of the
<br /> navigable waters of the United States, and any facility of any kind that is subject to the jurisdiction of the United States
<br /> and is located in, on, or under any other waters.
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