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Environmental Protection Agency §112.2 <br /> currents within the area in which the (1) A written contractual agreement <br /> systems or equipment is intended to with an oil spill removal organization <br /> function. that identifies and ensures the avail- <br /> Alteration means any work on a con- ability of the necessary personnel and <br /> tainer involving cutting, burning, equipment within appropriate response <br /> welding, or heating operations that times; and/or <br /> changes the physical dimensions or (2) A written certification by the <br /> configuration of the container. owner or operator that the necessary <br /> Animal fat means a non-petroleum personnel and equipment resources, <br /> oil, fat, or grease of animal, fish, or owned or operated by the facility <br /> marine mammal origin. owner or operator, are available to re- <br /> Breakout tank means a container used spond to a discharge within appro- <br /> to relieve surges in an oil pipeline sys- priate response times; and/or <br /> tem or to receive and store oil trans- (3) Active membership in a local or <br /> ported by a pipeline for reinjection and regional oil spill removal organization <br /> continued transportation by pipeline. that has identified and ensures ade- <br /> Bulk storage container means any con- quate access through such membership <br /> tainer used to store oil. These con- to necessary personnel and equipment <br /> tainers are used for purposes including, to respond to a discharge within appro- <br /> but not limited to, the storage of oil priate response times in the specified <br /> prior to use, while being used, or prior geographic area; and/or <br /> to further distribution in commerce. (4) Any other specific arrangement <br /> Oil-filled electrical, operating, or man- approved by the Regional Adminis- <br /> ufacturing equipment is not a bulk trator upon request of the owner or op- <br /> erator. <br /> storage container. Discharge includes, but is not limited <br /> Bunkered tank means a container to, any spilling, leaking, pumping, <br /> constructed or placed in the ground by pouring, emitting, emptying, or dump- <br /> cutting the earth and re-covering the ing of oil, but excludes discharges in <br /> container in a manner that breaks the compliance with a permit under sec- <br /> surrounding natural grade, or that lies tion 402 of the CWA; discharges result- <br /> above grade, and is covered with earth, ing from circumstances identified, re- <br /> sand, gravel, asphalt, or other mate- viewed, and made a part of the public <br /> rial. A bunkered tank is considered an record with respect to a permit issued <br /> aboveground storage container for pur- or modified under section 402 of the <br /> poses of this part. CWA, and subject to a condition in <br /> Completely buried tank means any such permit; or continuous or antici- <br /> container completely below grade and pated intermittent discharges from a <br /> covered with earth, sand, gravel, as- point source, identified in a permit or <br /> phalt, or other material. Containers in permit application under section 402 of <br /> vaults, bunkered tanks, or partially the CWA, that are caused by events oc- <br /> buried tanks are considered above- curring within the scope of relevant op- <br /> ground storage containers for purposes erating or treatment systems. For pur- <br /> of this part. poses of this part, the term discharge <br /> Complex means a facility possessing a shall not include any discharge of oil <br /> combination of transportation-related that is authorized by a permit issued <br /> and non-transportation-related compo- under section 13 of the River and Har- <br /> nents that is subject to the jurisdiction bor Act of 1899 (33 U.S.C. 407). <br /> of more than one Federal agency under Facility means any mobile or fixed, <br /> section 3110) of the CWA. onshore or offshore building, structure, <br /> Contiguous zone means the zone es- installation, equipment, pipe, or pipe- <br /> tablished by the United States under line (other than a vessel or a public <br /> Article 24 of the Convention of the Ter- vessel) used in oil well drilling oper- <br /> ritorial Sea and Contiguous Zone, that ations, oil production, oil refining, oil <br /> is contiguous to the territorial sea and storage, oil gathering, oil processing, <br /> that extends nine miles seaward from oil transfer, oil distribution, and waste <br /> the outer limit of the territorial area. treatment, or in which oil is used, as <br /> Contract or other approved means described in Appendix A to this part. <br /> means: The boundaries of a facility depend on <br /> 23 <br />