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§112.2 40 CFR Ch. 1 (7-1-05 Edition)
<br /> several site-specific factors, including, ceptible to use in interstate or foreign
<br /> but not limited to, the ownership or commerce, including all waters subject
<br /> operation of buildings, structures, and to the ebb and flow of the tide;
<br /> equipment on the same site and the (ii) All interstate waters, including
<br /> types of activity at the site. interstate wetlands;
<br /> Fish and wildlife and sensitive environ- (iii) All other waters such as intra-
<br /> ments means areas that may be identi- state lakes, rivers, streams (including
<br /> fied by their legal designation or by intermittent streams), mudflats,
<br /> evaluations of Area Committees (for sandflats, wetlands, sloughs, prairie
<br /> planning) or members of the Federal potholes, wet meadows, playa lakes, or
<br /> On-Scene Coordinator's spill response natural ponds, the use, degradation, or
<br /> structure (during responses). These destruction of which could affect inter-
<br /> areas may include wetlands, National state or foreign commerce including
<br /> and State parks, critical habitats for any such waters:
<br /> endangered or threatened species, wil- (A) That are or could be used by
<br /> derness and natural resource areas, interstate or foreign travelers for rec-
<br /> marine sanctuaries and estuarine re- reational or other purposes; or
<br /> serves, conservation areas, preserves, (B) From which fish or shellfish are
<br /> wildlife areas, wildlife refuges, wild or could be taken and sold in interstate
<br /> and scenic rivers, recreational areas, or foreign commerce,or,
<br /> national forests, Federal and State (C) That are or could be used for in-
<br /> lands that are research national areas, dustrial purposes by industries in
<br /> heritage program areas, land trust interstate commerce;
<br /> areas, and historical and archae- (iv) All impoundments of waters eth-
<br /> ological sites and parks. These areas erwise defined as waters of the United
<br /> may also include unique habitats such States under this section;
<br /> as aquaculture sites and agricultural (v) Tributaries of waters identified in
<br /> surface water intakes, bird nesting paragraphs (1)(1) through (iv) of this
<br /> areas, critical biological resource definition;
<br /> areas, designated migratory routes, (vi) The territorial sea; and
<br /> and designated seasonal habitats. (vii) Wetlands adjacent to waters
<br /> Injury means a measurable adverse (other than waters that are themselves
<br /> change, either long- or short-term, in wetlands) identified in paragraph (1) of
<br /> the chemical or physical quality or the this definition.
<br /> viability of a natural resource result- (2) Waste treatment systems, includ-
<br /> ing either directly or indirectly from ing treatment ponds or lagoons de-
<br /> exposure to a discharge, or exposure to signed to meet the requirements of the
<br /> a product of reactions resulting from a CWA (other than cooling ponds which
<br /> discharge. also meet the criteria of this defini-
<br /> Maximum extent practicable means tion) are not waters of the United
<br /> within the limitations used to deter- States. Navigable waters do not in-
<br /> mine oil spill planning resources and clude prior converted cropland. Not-
<br /> response times for on-water recovery, withstanding the determination of an
<br /> shoreline protection, and cleanup for area's status as prior converted crop-
<br /> worst case discharges from onshore land by any other Federal agency, for
<br /> non-transportation-related facilities in the purposes of the CWA, the final au-
<br /> adverse weather. It includes the thority regarding CWA jurisdiction re-
<br /> planned capability to respond to a mains with EPA.
<br /> worst case discharge in adverse weath- Non-petroleum oil means oil of any
<br /> er, as contained in a response plan that kind that is not petroleum-based, in-
<br /> meets the requirements in §112.20 or in cluding but not limited to: Fats, oils,
<br /> a specific plan approved by the Re- and greases of animal, fish, or marine
<br /> gional Administrator. mammal origin; and vegetable oils, in-
<br /> Navigable waters means the waters of cluding oils from seeds, nuts, fruits,
<br /> the United States, including the terri- and kernels.
<br /> torial seas. Offshore facility means any facility of
<br /> (1)The term includes: any kind (other than a vessel or public
<br /> (i) All waters that are currently used, vessel) located in, on, or under any of
<br /> were used in the past, or may be sus- the navigable waters of the United
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