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Environmental Protection Agency (1) The identification and inventory of applicable equipment, materials and supplies which are available locally and regionally. (2) An estimate of the equipment, materials and supplies which would be required to remove the maximum oil discharge to be anticipated. (3) Development of agreements and arrangements in advance of an oil discharge for the acquisition of equipment, materials and supplies to be used in responding to such a discharge. (d) Provisions for wel
  17 Environmental Protection Agency §110.1 (1) The identification and inventoryof applicable equipment, materials andsupplies which are available locallyand regionally.(2) An estimate of the equipment,materials and supplies which would berequired to remove the maximum oildischarge to be anticipated.(3) Development of agreements andarrangements in advance of an oil dis-charge for the acquisition of equip-ment, materials and supplies to be usedin responding to such a discharge.(d) Provisions for well defined andspecific actions to be taken after dis-covery and notification of an oil dis-charge including:(1) Specification of an oil dischargeresponse operating team consisting of trained, prepared and available oper-ating personnel.(2) Predesignation of a properlyqualified oil discharge response coordi-nator who is charged with the responsi-bility and delegated commensurate au-thority for directing and coordinatingresponse operations and who knowshow to request assistance from Federalauthorities operating under existingnational and regional contingencyplans.(3) A preplanned location for an oildischarge response operations centerand a reliable communications systemfor directing the coordinated overallresponse operations.(4) Provisions for varying degrees of response effort depending on the sever-ity of the oil discharge.(5) Specification of the order of pri-ority in which the various water usesare to be protected where more thanone water use may be adversely af-fected as a result of an oil dischargeand where response operations may notbe adequate to protect all uses.(e) Specific and well defined proce-dures to facilitate recovery of damagesand enforcement measures as providedfor by State and local statutes and or-dinances. §109.6Coordination. For the purposes of coordination, thecontingency plans of State and localgovernments should be developed andimplemented in consultation with pri-vate interests. A copy of any oil re-moval contingency plan developed byState and local governments should beforwarded to the Council on Environ-mental Quality upon request to facili-tate the coordination of these contin-gency plans with the National Oil andHazardous Materials Pollution Contin-gency Plan. PART 110—DISCHARGE OF OIL Sec.110.1Definitions.110.2Applicability.110.3Discharge of oil in such quantities as‘‘may be harmful’’ pursuant to section311(b)(4) of the Act.110.4Dispersants.110.5Discharges of oil not determined ‘‘asmay be harmful’’ pursuant to section311(b)(3) of the Act.110.6Notice.A UTHORITY : 33 U.S.C. 1321(b)(3) and (b)(4)and 1361(a); E.O. 11735, 38 FR 21243, 3 CFRParts 1971–1975 Comp., p. 793.S OURCE : 52 FR 10719, Apr. 2, 1987, unlessotherwise noted. §110.1Definitions. Terms not defined in this sectionhave the same meaning given by theSection 311 of the Act. As used in thispart, the following terms shall havethe meaning indicated below: Act means the Federal Water Pollu-tion Control Act, as amended, 33 U.S.C.1251 et seq. , also known as the CleanWater Act; Administrator means the Adminis-trator of the Environmental ProtectionAgency (EPA); Applicable water quality standards means State water quality standardsadopted by the State pursuant to sec-tion 303 of the Act or promulgated byEPA pursuant to that section; MARPOL 73/78 means the Inter-national Convention for the Preventionof Pollution from Ships, 1973, as modi-fied by the Protocol of 1978 relatingthereto, Annex I, which regulates pol-lution from oil and which entered intoforce on October 2, 1983; Navigable waters means the waters of the United States, including the terri-torial seas. The term includes:(a) All waters that are currentlyused, were used in the past, or may besusceptible to use in interstate or for-eign commerce, including all waters VerDate Mar<15>2010 08:15 Aug 05, 2010Jkt 220163PO 00000Frm 00027Fmt 8010Sfmt 8010Y:\SGML\220163.XXX220163   e  r  o  w  e  o  n   D   S   K   5   C   L   S   3   C   1   P   R   O   D  w   i   t   h   C   F   R  18 40 CFR Ch. I (7–1–10 Edition)§110.2 that are subject to the ebb and flow of the tide;(b) Interstate waters, including inter-state wetlands;(c) All other waters such as intra-state lakes, rivers, streams (includingintermittent streams), mudflats,sandflats, and wetlands, the use, deg-radation, or destruction of which wouldaffect or could affect interstate or for-eign commerce including any such wa-ters:(1) That are or could be used by inter-state or foreign travelers for rec-reational or other purposes;(2) From which fish or shellfish are orcould be taken and sold in interstate orforeign commerce;(3) That are used or could be used forindustrial purposes by industries ininterstate commerce;(d) All impoundments of waters oth-erwise defined as navigable watersunder this section;(e) Tributaries of waters identified inparagraphs (a) through (d) of this sec-tion, including adjacent wetlands; and(f) Wetlands adjacent to waters iden-tified in paragraphs (a) through (e) of this section: Provided, That wastetreatment systems (other than coolingponds meeting the criteria of this para-graph) are not waters of the UnitedStates;Navigable waters do not include priorconverted cropland. Notwithstandingthe determination of an area’s statusas prior converted cropland by anyother federal agency, for the purposesof the Clean Water Act, the final au-thority regarding Clean Water Act ju-risdiction remains with EPA. NPDES  means National PollutantDischarge Elimination System; Sheen means an iridescent appear-ance on the surface of water; Sludge means an aggregate of oil oroil and other matter of any kind in anyform other than dredged spoil having acombined specific gravity equivalent toor greater than water; United States means the States, theDistrict of Columbia, the Common-wealth of Puerto Rico, Guam, Amer-ican Samoa, the Virgin Islands, and theTrust Territory of the Pacific Islands; Wetlands means those areas that areinundated or saturated by surface orground water at a frequency or dura-tion sufficient to support, and thatunder normal circumstances do sup-port, a prevalence of vegetation typi-cally adapted for life in saturated soilconditions. Wetlands generally includeplaya lakes, swamps, marshes, bogsand similar areas such as sloughs, prai-rie potholes, wet meadows, prairieriver overflows, mudflats, and naturalponds. [52 FR 10719, Apr. 2, 1987, as amended at 58FR 45039, Aug. 25, 1993; 61 FR 7421, Feb. 28,1996] §110.2Applicability. The regulations of this part apply tothe discharge of oil prohibited by sec-tion 311(b)(3) of the Act. [61 FR 7421, Feb. 28, 1996] §110.3Discharge of oil in such quan-tities as ‘‘may be harmful’’ pursuantto section 311(b)(4) of the Act. For purposes of section 311(b)(4) of the Act, discharges of oil in such quan-tities that the Administrator has de-termined may be harmful to the publichealth or welfare or the environment of the United States include discharges of oil that:(a) Violate applicable water qualitystandards; or(b) Cause a film or sheen upon or dis-coloration of the surface of the wateror adjoining shorelines or cause asludge or emulsion to be deposited be-neath the surface of the water or uponadjoining shorelines. [61 FR 7421, Feb. 28, 1996] §110.4Dispersants. Addition of dispersants or emulsifiersto oil to be discharged that would cir-cumvent the provisions of this part isprohibited. [52 FR 10719, Apr. 2, 1987. Redesignated at 61FR 7421, Feb. 28, 1996] §110.5Discharges of oil not deter-mined ‘‘as may be harmful’’ pursu-ant to Section 311(b)(3) of the Act. Notwithstanding any other provi-sions of this part, the Administratorhas not determined the following dis-charges of oil ‘‘as may be harmful’’ forpurposes of section 311(b) of the Act:(a) Discharges of oil from a properlyfunctioning vessel engine (including an VerDate Mar<15>2010 08:15 Aug 05, 2010Jkt 220163PO 00000Frm 00028Fmt 8010Sfmt 8010Y:\SGML\220163.XXX220163   e  r  o  w  e  o  n   D   S   K   5   C   L   S   3   C   1   P   R   O   D  w   i   t   h   C   F   R  19 Environmental Protection Agency Pt. 112 engine on a public vessel) and any dis-charges of such oil accumulated in thebilges of a vessel discharged in compli-ance with MARPOL 73/78, Annex I, asprovided in 33 CFR part 151, subpart A;(b) Other discharges of oil permittedunder MARPOL 73/78, Annex I, as pro-vided in 33 CFR part 151, subpart A; and(c) Any discharge of oil explicitlypermitted by the Administrator in con-nection with research, demonstrationprojects, or studies relating to the pre-vention, control, or abatement of oilpollution. [61 FR 7421, Feb. 28, 1996] §110.6Notice. Any person in charge of a vessel or of an onshore or offshore facility shall, assoon as he or she has knowledge of anydischarge of oil from such vessel or fa-cility in violation of section 311(b)(3) of the Act, immediately notify the Na-tional Response Center (NRC) (800–424–8802; in the Washington, DC metropoli-tan area, 202–426–2675). If direct report-ing to the NRC is not practicable, re-ports may be made to the Coast Guardor EPA predesignated On-Scene Coordi-nator (OSC) for the geographic areawhere the discharge occurs. All suchreports shall be promptly relayed tothe NRC. If it is not possible to notifythe NRC or the predesignated OCS im-mediately, reports may be made imme-diately to the nearest Coast Guardunit, provided that the person incharge of the vessel or onshore or off-shore facility notifies the NRC as soonas possible. The reports shall be madein accordance with such procedures asthe Secretary of Transportation mayprescribe. The procedures for such no-tice are set forth in U.S. Coast Guardregulations, 33 CFR part 153, subpart Band in the National Oil and HazardousSubstances Pollution ContingencyPlan, 40 CFR part 300, subpart E. (Approved by the Office of Management andBudget under control number 2050–0046)[52 FR 10719, Apr. 2, 1987. Redesignated andamended at 61 FR 7421, Feb. 28, 1996; 61 FR14032, Mar. 29, 1996] PART 112—OIL POLLUTIONPREVENTION Sec. Subpart A—Applicability, Definitions, andGeneral Requirements For All Facilitiesand All Types of Oils 112.1General applicability.112.2Definitions.112.3Requirement to prepare and imple-ment a Spill Prevention, Control, andCountermeasure Plan.112.4Amendment of Spill Prevention, Con-trol, and Countermeasure Plan by Re-gional Administrator.112.5Amendment of Spill Prevention, Con-trol, and Countermeasure Plan by ownersor operators.112.6Qualified Facility Plan Requirements.112.7General requirements for Spill Preven-tion, Control, and CountermeasurePlans. Subpart B—Requirements for PetroleumOils and Non-Petroleum Oils, ExceptAnimal Fats and Oils and Greases,and Fish and Marine Mammal Oils;and Vegetable Oils (Including Oilsfrom Seeds, Nuts, Fruits, and Kernels) 112.8Spill Prevention, Control, and Coun-termeasure Plan requirements for on-shore facilities (excluding production fa-cilities).112.9Spill Prevention, Control, and Coun-termeasure Plan Requirements for on-shore oil production facilities (excludingdrilling and workover facilities).112.10Spill Prevention, Control, and Coun-termeasure Plan requirements for on-shore oil drilling and workover facilities.112.11Spill Prevention, Control, and Coun-termeasure Plan requirements for off-shore oil drilling, production, orworkover facilities. Subpart C—Requirements for Animal Fatsand Oils and Greases, and Fish andMarine Mammal Oils; and for Vege-table Oils, Including Oils from Seeds,Nuts, Fruits and Kernels 112.12Spill Prevention, Control, and Coun-termeasure Plan requirements.112.13–112.15[Reserved] Subpart D—Response Requirements 112.20Facility response plans.112.21Facility response training and drills/exercises. VerDate Mar<15>2010 08:15 Aug 05, 2010Jkt 220163PO 00000Frm 00029Fmt 8010Sfmt 8010Y:\SGML\220163.XXX220163   e  r  o  w  e  o  n   D   S   K   5   C   L   S   3   C   1   P   R   O   D  w   i   t   h   C   F   R
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