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§112.1 40 CFR Ch. 1 (7-1-05 Edition)
<br /> 112.15 Spill Prevention, Control, and Coun- to, or under the exclusive management
<br /> termeasure Plan requirements for off- authority of the United States (includ-
<br /> shore oil drilling, production, or ing resources under the Magnuson
<br /> workover facilities. Fishery Conservation and Management
<br /> Subpart D—Response Requirements Act).
<br /> (2) As used in this part, words in the
<br /> 112.20 Facility response plans. singular also include the plural and
<br /> 112.21 Facility response training and drills/ words in the masculine gender also in-
<br /> exercises. clude the feminine and vice versa, as
<br /> APPENDIX A TO PART 112—MEMORANDUM OF the case may require.
<br /> UNDERSTANDING BETWEEN THE SECRETARY (b) Except as provided in paragraph
<br /> OF TRANSPORTATION AND THE ADMINIS-
<br /> TRATOR OF THE ENVIRONMENTAL PROTEC- (d) of this section, this part applies to
<br /> TION AGENCY any owner or operator of a non-trans-
<br /> APPENDIX B TO PART 112—MEMORANDUM OF portation-related onshore or offshore
<br /> UNDERSTANDING AMONG THE SECRETARY facility engaged in drilling, producing,
<br /> OF THE INTERIOR, SECRETARY OF TRANS- gathering,storing, processing, refining,
<br /> PORTATION, AND ADMINISTRATOR OF THE transferring, distributing, using, or
<br /> ENVIRONMENTAL PROTECTION AGENCY consuming oil and oil products, which
<br /> APPENDIX C TO PART 112—SUBSTANTIAL HARM due to its location, could reasonably be
<br /> CRITERIA expected to discharge oil in quantities
<br /> APPENDIX D TO PART 112—DETERMINATION OF that may be harmful, as described in
<br /> UMEORST CASE DISCHARGE PLANNING VOL- part 110 of this chapter, into or upon
<br /> APPENDIX E TO PART 112—DETERMINATION the navigable waters of the United
<br /> AND EVALUATION OF REQUIRED RESPONSE States or adjoining shorelines, or into
<br /> RESOURCES FOR FACILITY RESPONSE or upon the waters of the contiguous
<br /> PLANS zone, or In connection with activities
<br /> APPENDIX F TO PART 112—FACILITY-SPECIFIC under the Outer Continental Shelf
<br /> RESPONSE PLAN Lands Act or the Deepwater Port Act
<br /> AUTHORITY: 33 U.S.C. 1251 et seq.; 33 U.S.C. of 1974, or that may affect natural re-
<br /> 2720; E.O. 12777 (October 18, 1991), 3 CFR, 1991 sources belonging to, appertaining to,
<br /> Comp.,p.351. or under the exclusive management au-
<br /> SOURCE: 38 FR 34165, Dec. 11, 1973, unless thority of the United States (including
<br /> otherwise noted. resources under the Magnuson Fishery
<br /> EDITORIAL NOTE: Nomenclature changes to Conservation and Management Act)
<br /> part 112 appear at 65 FR 40798, June 30, 2000. that has oil in:
<br /> (1) Any aboveground container;
<br /> Subpart A—Applicability, Defini- (2) Any completely buried tank as de-
<br /> tions, and General Require- fined in§112.2;
<br /> nts for All Facilities and All (3) Any container that is used for
<br /> me
<br /> Types Of Oils standby storage, for seasonal storage,
<br /> yp or for temporary storage, or not other-
<br /> wise "permanently closed" as defined
<br /> SOURCE: 67 FR 47140, July 17. 2002, unless in§112.2;
<br /> otherwise noted. (4) Any "bunkered tank" or "par-
<br /> tially buried tank" as defined in§112.2,
<br /> or any container in a vault, each of
<br /> (a)(1) This part establishes proce- which is considered an aboveground
<br /> dures, methods, equipment, and other storage container for purposes of this
<br /> requirements to prevent the discharge part.
<br /> of oil from non-transportation-related (c) As provided in section 313 of the
<br /> onshore and offshore facilities into or Clean Water Act (CWA), departments,
<br /> upon the navigable waters of the agencies, and instrumentalities of the
<br /> United States or adjoining shorelines, Federal government are subject to this
<br /> or into or upon the waters of the con- part to the same extent as any person.
<br /> tiguous zone, or in connection with ac- (d) Except as provided in paragraph
<br /> tivities under the Outer Continental (f) of this section, this part does not
<br /> Shelf Lands Act or the Deepwater Port apply to:
<br /> Act of 1974, or that may affect natural (1) The owner or operator of any fa-
<br /> resources belonging to, appertaining cility, equipment, or operation that is
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