Environmental Protection Agency Pt. 116 of the owner or operator and the facil- § 113.4 Size classes and associated li- ity will be limited to the amounts spec- ability limits for fixed onshore oil ified in § 113.4. storage facilities, 1,000 barrels or less capacity. § 113.3 Definitions. Unless the United States can show As used in this subpart, the following that oil was discharged as a result of terms shall have the meanings indi- willful negligence or willful mis- cated below: conduct within the privity and knowl- (a) Aboveground storage facility edge of the owner or operator, the fol- means a tank or other container, the lowing limits of liability are estab- bottom of which is on a plane not more lished for fixed onshore facilities in the than 6 inches below the surrounding classes specified: surface. (a) Aboveground storage. (b) Act means the Federal Water Pol- Capacity (bar- Limit lution Control Act, as amended, 33 Size class rels) (dollars) U.S.C. 1151, et seq. (c) Barrel means 42 United States gal- I .................................................... Up to 10 ........ 4,000 lons at 60 degrees Fahrenheit. II ................................................... 11 to 170 ....... 60,000 III .................................................. 171 to 500 ..... 150,000 (d) Belowground storage facility IV .................................................. 501 to 1,000 .. 200,000 means a tank or other container lo- cated other than as defined as ‘‘Above- (b) Belowground storage. ground’’. (e) Discharge includes, but is not lim- Size class Capacity (bar- Limit ited to any spilling, leaking, pumping, rels) (dollars) pouring, emitting, emptying or dump- I .................................................... Up to 10 ........ 5,200 ing. II ................................................... 11 to 170 ....... 78,000 (f) Onshore Oil Storage Facility means III .................................................. 171 to 500 ..... 195,000 any facility (excluding motor vehicles IV .................................................. 501 to 1,000 .. 260,000 and rolling stock) of any kind located in, on, or under, any land within the § 113.5 Exclusions. United States, other than submerged This subpart does not apply to: land. (a) Those facilities whose average (g) On-Scene Coordinator is the single daily oil throughout is more than their Federal representative designated pur- fixed oil storage capacity. suant to the National Oil and Haz- (b) Vehicles and rolling stock. ardous Substances Pollution Contin- gency Plan and identified in approved § 113.6 Effect on other laws. Regional Oil and Hazardous Substances Pollution Contingency Plans. Nothing herein shall be construed to (h) Oil means oil of any kind or in limit the liability of any facility under any form, including but not limited to, State or local law or under any Federal petroleum, fuel oil, sludge, oil refuse, law other than section 311 of the Act, and oil mixed with wastes other than nor shall the liability of any facility dredged spoil. for any charges or damages under State or local law reduce its liability (i) Remove or removal means the re- to the Federal Government under sec- moval of the oil from the water and tion 311 of the Act, as limited by this shorelines or the taking of such other subpart. actions as the Federal On-Scene Coor- dinator may determine to be necessary to minimize or mitigate damage to the PART 116—DESIGNATION OF public health or welfare, including but HAZARDOUS SUBSTANCES not limited to, fish, shellfish, wildlife, and public and private property, shore- Sec. lines, and beaches. 116.1 Applicability. Additionally, the terms not otherwise 116.2 Abbreviations. defined herein shall have the meanings 116.3 Definitions. assigned them by section 311(a) of the 116.4 Designation of hazardous substances. Act. AUTHORITY: 33 U.S.C. 1251 et seq. 133 VerDate Sep<11>2014 12:43 Apr 08, 2021 Jkt 250174 PO 00000 Frm 00143 Fmt 8010 Sfmt 8010 Y:\SGML\250174.XXX 250174 spaschal on DSKJM0X7X2PROD with CFR § 116.1 40 CFR Ch. I (7–1–20 Edition) § 116.1 Applicability. and reviewed and made a part of the This regulation designates hazardous public record with respect to a permit substances under section 311(b)(2)(A) of issued or modified under section 402 of the Federal Water Pollution Control this Act, and subject to a condition in Act (the Act). The regulation applies to such permit, and (C) continuous or an- discharges of substances designated in ticipated intermittent discharges from Table 116.4. a point source, identified in a permit or permit application under section 402 of [43 FR 10474, Mar. 13, 1978] this Act, which are caused by events occurring within the scope of relevant § 116.2 Abbreviations. operating or treatment systems; ppm = parts per million LC50 means that concentration of mg = milligram(s) material which is lethal to one-half of kg = kilogram(s) the test population of aquatic animals mg/l = milligrams(s) per liter= (approx.) ppm upon continuous exposure for 96 hours mg/kg = milligram(s) per kilogram= (approx.) ppm or less. Mixture means any combination of [43 FR 10474, Mar. 13, 1978] two or more elements and/or com- § 116.3 Definitions. pounds in solid, liquid, or gaseous form except where such substances have un- As used in this part, all terms shall dergone a chemical reaction so as to have the meaning defined in the Act become inseparable by physical means. and as given below: Navigable waters means ‘‘waters of The Act means the Federal Water the United States,’’ including the terri- Pollution Control Act, as amended by torial seas, as defined in § 120.2 of this the Federal Water Pollution Control chapter. Act Amendments of 1972 (Pub. L. 92– 500), and as further amended by the Offshore facility means any facility of Clean Water Act of 1977 (Pub. L. 95– any kind located in, on, or under, any 217), 33 U.S.C. 1251 et seq.; and as fur- of the navigable waters of the United ther amended by the Clean Water Act States, and any facility of any kind Amendments of 1978 (Pub. L. 95–676); which is subject to the jurisdiction of Animals means appropriately sen- the United States and is located in, on, sitive animals which carry out respira- or under any other waters, other than tion by means of a lung structure per- a vessel or a public vessel; mitting gaseous exchange between air Onshore facility means any facility and the circulatory system; (including, but not limited to, motor Aquatic animals means appropriately vehicles and rolling stock) of any kind sensitive wholly aquatic animals which located in, on, or under, any land with- carry out respiration by means of a gill in the United States other than sub- structure permitting gaseous exchange merged land; between the water and the circulatory Otherwise subject to the jurisdiction of system; the United States means subject to the Aquatic flora means plant life associ- jurisdiction of the United States by ated with the aquatic eco-system in- virtue of United States citizenship, cluding, but not limited to, algae and United States vessel documentation or higher plants; numbering, or as provided for by inter- Contiguous zone means the entire national agreement to which the zone established or to be established by United States is a party. the United States under article 24 of A discharge in connection with activi- the Convention of the Territorial Sea ties under the Outer Continental Shelf and the Contiguous Zone; Lands Act or the Deepwater Port Act of Discharge includes, but is not limited 1974, or which may affect natural re- to, any spilling, leaking, pumping, sources belonging to, appertaining to, or pouring, emitting, emptying or dump- under the exclusive management author- ing, but excludes (A) discharges in ity of the United States (including re- compliance with a permit under sec- sources under the Fishery Conservation tion 402 of this Act, (B) discharges re- and Management Act of 1976), means: (1) sulting from circumstances identified A discharge into any waters beyond the 134 VerDate Sep<11>2014 12:43 Apr 08, 2021 Jkt 250174 PO 00000 Frm 00144 Fmt 8010 Sfmt 8010 Y:\SGML\250174.XXX 250174 spaschal on DSKJM0X7X2PROD with CFR Environmental Protection Agency § 116.4 contiguous zone from any vessel or on- Vessel means every description of shore or offshore facility, which vessel watercraft or other artificial contriv- or facility is subject to or is engaged in ance used, or capable of being used, as activities under the Outer Continental a means of transportation on water Shelf Lands Act or the Deepwater Port other than a public vessel; Act of 1974, and (2) any discharge into any waters beyond the contiguous zone [43 FR 10474, Mar. 13, 1978; 43 FR 27533, June which contain, cover, or support any 26, 1978, as amended at 44 FR 10266, Feb. 16, natural resource belonging to, apper- 1979; 58 FR 45039, Aug. 25, 1993; 80 FR 37110, taining to, or under the exclusive man- June 29, 2015; 83 FR 5208, Feb. 6, 2018; 84 FR agement authority of the United 56668, Oct. 22, 2019; 85 FR 22339, Apr. 21, 2020] States (including resources under the § 116.4 Designation of hazardous sub- Fishery Conservation and Management stances. Act of 1976). Public vessel means a vessel owned or The elements and compounds appear- bareboat-chartered and operated by the ing in Tables 116.4 A and B are des- United States, or a State or political ignated as hazardous substances in ac- subdivision thereof, or by a foreign na- cordance with section 311(b)(2)(A) of tion, except when such vessel is en- the Act. This designation includes any gaged in commerce. isomers and hydrates, as well as any Territorial seas means the belt of the solutions and mixtures containing seas measured from the line of ordi- these substances.