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Sala 131:0431 ENVIRONMENTAL PROTECTION AGENCY REGULATIONS ON OIL POLLUTION PREVENTION t'b CFR 112; 38 FR 34164, Deeember 11. 1973: Amended by 39 FR 31.602. Anat 29.1974; 41 FR 12657. Mwch 26.1976) PART 1 PR W— asci (9) equipment Of 000MUM of Tank Oe trans t%1 -related onshore lmder � thetod Aeaoarrv: eaaB. rii a! (1D (C1. 9iip1(SI. and authorityofacilities,d cowhich taarn subject to Other ichfa not a -related facility. "Off 901(a). °latae Pollution Control Act (ew. R Pus. L M stat, ole at asq. « �t�• Y in the Memorandum Of Understandingbet (d) f&Mtr aqt facility d any located lit.. . or (S9 VA.C. 1961 at 1); oto. 4(b). Pab. L 02.400. M Stat. M9: • VA.C. nearg. Plan d secretary at tion and the Administrator of the $ tal>'rQ-L the 8 the navigable waters of not • IWXism leo. 6 (1670), 17 Pit 1sa99. S Alt 19ee-- 1 Del =LO. 117!6. M FA riie9. 9 CM t COM . dated NO 24.1971. s FR 2 ti1 - 0efacility. aw I 111.1 (aD This part (2) those facilities althoughor Otherwise subject to the jat ting to Imshore facility Or an facility. aid in the methods a� equipment and other 1 e- quirements for equipment to the Environmental Protection meet both of the followingthe ki' W offshon a facility. or such prevent the discharge Of oil from non-transPorta- tion -related onshore and offshore facfii- (A) the underground capacity at the fadlity is 42,000 s fsuWty to such • t. " ties Into or upon the navigable of the United states or adjoining or Ian of all, and r (8) the storage capacity. which !s not (t) Includes an indlvldual, am association. and a lium , Of the facility 1s 1,220 gallons pGrumshtp. (b) Y ed in Or lean of all. provided no single container has a capacity in excess of 999 gallons. (9) r Administrator of the Lit - (d) of this section, this part applies to owners a tors at non. (41 FR 12657. March 26, l9f6 1 tel Protection his in and for the jaawhicA kion -related onshore and offshore facilt- Un Waged In drilling. Producing. Bath- (e) MUB part Provides for the tion and implementation of BPM Pre- the facility li located. (11)tint-relsted" Bring. storing. processing.ventlon tIMINfaftne. distributing or consuming Control and64AN110,01NM Plans Prepared in accordance with and "slot- ®n- Y Olbd to as Onshore or offshore facility. Oil and oil products. and which. due to tPected to heir location. comd be ex- 1112.7. designed to complement existing ~. da and � ate daitaldIn the Uemorandtan of Und-OrdAnding between the secretary elon in harmful les. defined is Part 110 b p. Procedure to B standards. fire tion tion and the Administrig- tar of the of thio ter. Into Or upon the navigable waters of Pollution Prevention rules. s0 Y to form a oomph. lthrironmentai Protection November 24. 1971. 36 FR the United Mated or adjoining abOralinaL hensive balanced Federal/8tate�spill pie- 24060. (c) As provided In ssc iii ( Stat. M) departments. &~@4 and WAri- vention 0 to tW for ad with U) " means a discharge of ori Into or navigable waters of mentalities of the this Dart doss not In auy, way the _the the United states a adjoining shorelines Am subject to thus same extent Y to foe the Owner or r Of an re or an offshore facility from compliance witil in harmful quantities. Y M 40 CFR Part 110. Provisions of 11112.8, (d) This Part does not apply to: other Federal. &&U or local laws. UD "United " means the states. the District at Columbia, the common - (1) Facilities, equipment or Operationswealth which are not subject to the jurisdiction i 111.1 Ric®, the Canal Zone, d American BAmoa. the Virgin rs- of the Environmental tion. Ad follows: For the at this "Oil" and the Trust Territory of the (A) onshore and offahore faWi :WhICh. duo to their location. could not (A) means oil of ray kind or In any form. Incl but not !!anted to Petroleum. fuel Oil. sludge, oil refuse (k) Tho tam "na the United means —nnavivigablle reasonably be ted to oil Into or upon the navigable waters at and oil mixed with other than spoLL waters" Y in section 002(7) of � And d the United Statesor adjoining bap. This determination shall be (b) Includes but to not limited to. Any (1) Ali navigable waters of the United 8tat9k Y dconed in judicial decisions e0" upon a consideration of the geo- graphical, locational aspects of the fedi• lags esu1 Pump- �. emptying W dumping. !br of fhb ptiOr t0 of the 197'! Amendments 90 the A (Pub. L 02-d00). and tributaries Ity (such Y Proximity to navigable waters or adjoining shorelintA. land can- port, the " shall rot Include W discharge of on which Is sutharlsedby of such (2) Interstate wabn: (,) tour. drainage. etc.) and shall exclude consideration of a feature s t Pursuant to li of the Riva pet at 1999 intrattats which aro n tillso by interstate tnvden Y dikes, equipment Or other structures may serve to hinds. (20 t. 1121, ii U.S.C. 407), or sections 402 for : andwhia - Doer tain. lain, or otherwise prevent a e O2 Oil from reaching narigable waters of the Or 400 Of the A Amendments of 1972 (88 stat. 810 st segro ii U.B.C. 1201 et seq.). (4) m rivers. and if= which fish or sb*U&h ars United States or adjotntng shQ : am (c) b" m b of y 6n. talo and sold In Interstate commerce. O "V means description on, at watercraft or other Artificial contriv- 8.27.76 COPyriehf 0 1976 by The Burow of Notional Affairs, Inc. (Soc. 112.2(!11 61