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 well defined and 

specific actions to be taken after discovery and notification of an oil discharge including: 

(1) Specification of an oil discharge 

response operating team consisting of 

trained, prepared and available operating personnel. 

(2) Predesignation of a properly 

qualified oil discharge response coordinator who is charged with the responsibility and delegated commensurate authority for directing and coordinating 

response operations and who knows 

how to request assistance from Federal 

authorities operating under existing 

national and regional contingency 

plans. 

(3) A preplanned location for an oil 

discharge response operations center 

and a reliable communications system 

for directing the coordinated overall 

response operations. 

(4) Provisions for varying degrees of 

response effort depending on the severity of the oil discharge. 

(5) Specification of the order of priority in which the various water uses 

are to be protected where more than 

one water use may be adversely affected as a result of an oil discharge 

and where response operations may not 

be adequate to protect all uses. 

(e) Specific and well defined procedures to facilitate recovery of damages 

and enforcement measures as provided 

for by State and local statutes and ordinances. 

§ 109.6 Coordination. 

For the purposes of coordination, the 

contingency plans of State and local 

governments should be developed and 

implemented in consultation with private interests. A copy of any oil removal contingency plan developed by 

§ 110.1 

State and local governments should be 

forwarded to the Council on Environmental Quality upon request to facilitate the coordination of these contingency plans with the National Oil and 

Hazardous Materials Pollution Contingency Plan. 

PART 110—DISCHARGE OF OIL 

Sec. 


110.1 Definitions. 


110.2 Applicability. 


110.3 Discharge of oil in such quantities as 


‘‘may be harmful’’ pursuant to section 

311(b)(4) of the Act. 

110.4 Dispersants. 

110.5 Discharges of oil not determined ‘‘as 

may be harmful’’ pursuant to section 

311(b)(3) of the Act. 

110.6 Notice. 

AUTHORITY: 33 U.S.C. 1321(b)(3) and (b)(4) 

and 1361(a); E.O. 11735, 38 FR 21243, 3 CFR 

Parts 1971–1975 Comp., p. 793. 

SOURCE: 52 FR 10719, Apr. 2, 1987, unless 

otherwise noted. 

§ 110.1 Definitions. 

Terms not defined in this section 

have the same meaning given by the 

Section 311 of the Act. As used in this 

part, the following terms shall have 

the meaning indicated below: 

Act means the Federal Water Pollution Control Act, as amended, 33 U.S.C. 

1251 et seq., also known as the Clean 

Water Act; 

Administrator means the Administrator of the Environmental Protection 

Agency (EPA); 

Applicable water quality standards 

means State water quality standards 

adopted by the State pursuant to section 303 of the Act or promulgated by 

EPA pursuant to that section; 

MARPOL 73/78 means the International Convention for the Prevention 

of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating 

thereto, Annex I, which regulates pollution from oil and which entered into 

force on October 2, 1983; 

Navigable waters means the waters of 

the United States, including the territorial seas. The term includes: 

(a) All waters that are currently 

used, were used in the past, or may be 

susceptible to use in interstate or foreign commerce, including all waters 

17 


§ 110.2 

that are subject to the ebb and flow of 

the tide; 

(b) Interstate waters, including interstate wetlands; 

(c) All other waters such as intrastate lakes, rivers, streams (including 

intermittent streams), mudflats, 

sandflats, and wetlands, the use, degradation, or destruction of which would 

affect or could affect interstate or foreign commerce including any such waters: 

(1) That are or could be used by interstate or foreign travelers for recreational or other purposes; 

(2) From which fish or shellfish are or 

could be taken and sold in interstate or 

foreign commerce; 

(3) That are used or could be used for 

industrial purposes by industries in 

interstate commerce; 

(d) All impoundments of waters otherwise defined as navigable waters 

under this section; 

(e) Tributaries of waters identified in 

paragraphs (a) through (d) of this section, including adjacent wetlands; and 

(f) Wetlands adjacent to waters identified in paragraphs (a) through (e) of 

this section: Provided, That waste 

treatment systems (other than cooling 

ponds meeting the criteria of this paragraph) are not waters of the United 

States; 

Navigable waters do not include prior 

converted cropland. Notwithstanding 

the determination of an area’s status 

as prior converted cropland by any 

other federal agency, for the purposes 

of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. 

NPDES means National Pollutant 

Discharge Elimination System; 

Sheen means an iridescent appearance on the surface of water; 

Sludge means an aggregate of oil or 

oil and other matter of any kind in any 

form other than dredged spoil having a 

combined specific gravity equivalent to 

or greater than water; 

United States means the States, the 

District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the 

Trust Territory of the Pacific Islands; 

Wetlands means those areas that are 

inundated or saturated by surface or 

ground water at a frequency or dura40 CFR Ch. I (7–1–05 Edition) 

tion sufficient to support, and that 

under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil 

conditions. Wetlands generally include 

playa lakes, swamps, marshes, bogs 

and similar areas such as sloughs, prairie potholes, wet meadows, prairie 

river overflows, mudflats, and natural 

ponds. 

[52 FR 10719, Apr. 2, 1987, as amended at 58 

FR 45039, Aug. 25, 1993; 61 FR 7421, Feb. 28, 

1996] 

§ 110.2 Applicability. 

The regulations of this part apply to 

the discharge of oil prohibited by section 311(b)(3) of the Act. 

[61 FR 7421, Feb. 28, 1996] 

§ 110.3 Discharge of oil in such quantities as ‘‘may be harmful’’ pursuant 

to section 311(b)(4) of the Act. 

For purposes of section 311(b)(4) of 

the Act, discharges of oil in such quantities that the Administrator has determined may be harmful to the public 

health or welfare or the environment of 

the United States include discharges of 

oil that: 

(a) Violate applicable water quality 

standards; or 

(b) Cause a film or sheen upon or discoloration of the surface of the water 

or adjoining shorelines or cause a 

sludge or emulsion to be deposited beneath the surface of the water or upon 

adjoining shorelines. 

[61 FR 7421, Feb. 28, 1996] 

§110.4 Dispersants. 

Addition of dispersants or emulsifiers 

to oil to be discharged that would circumvent the provisions of this part is 

prohibited. 

[52 FR 10719, Apr. 2, 1987. Redesignated at 61 

FR 7421, Feb. 28, 1996] 

§ 110.5 Discharges of oil not determined ‘‘as may be harmful’’ pursuant to Section 311(b)(3) of the Act. 

Notwithstanding any other provisions of this part, the Administrator 

has not determined the following discharges of oil ‘‘as may be harmful’’ for 

purposes of section 311(b) of the Act: 

(a) Discharges of oil from a properly 

functioning vessel engine (including an 

18 


Environmental Protection Agency 

engine on a public vessel) and any discharges of such oil accumulated in the 

bilges of a vessel discharged in compliance with MARPOL 73/78, Annex I, as 

provided in 33 CFR part 151, subpart A; 

(b) Other discharges of oil permitted 

under MARPOL 73/78, Annex I, as provided in 33 CFR part 151, subpart A; and 

(c) Any discharge of oil explicitly 

permitted by the Administrator in connection with research, demonstration 

projects, or studies relating to the prevention, control, or abatement of oil 

pollution. 

[61 FR 7421, Feb. 28, 1996] 

§ 110.6 Notice. 

Any person in charge of a vessel or of 

an onshore or offshore facility shall, as 

soon as he or she has knowledge of any 

discharge of oil from such vessel or facility in violation of section 311(b)(3) of 

the Act, immediately notify the National Response Center (NRC) (800–424– 

8802; in the Washington, DC metropolitan area, 202–426–2675). If direct reporting to the NRC is not practicable, reports may be made to the Coast Guard 

or EPA predesignated On-Scene Coordinator (OSC) for the geographic area 

where the discharge occurs. All such 

reports shall be promptly relayed to 

the NRC. If it is not possible to notify 

the NRC or the predesignated OCS immediately, reports may be made immediately to the nearest Coast Guard 

unit, provided that the person in 

charge of the vessel or onshore or offshore facility notifies the NRC as soon 

as possible. The reports shall be made 

in accordance with such procedures as 

the Secretary of Transportation may 

prescribe. The procedures for such notice are set forth in U.S. Coast Guard 

regulations, 33 CFR part 153, subpart B 

and in the National Oil and Hazardous 

Substances Pollution Contingency 

Plan, 40 CFR part 300, subpart E. 

(Approved by the Office of Management and 

Budget under control number 2050–0046) 

[52 FR 10719, Apr. 2, 1987. Redesignated and 

amended at 61 FR 7421, Feb. 28, 1996; 61 FR 

14032, Mar. 29, 1996] 

Pt. 112 

PART 112—OIL POLLUTION 

PREVENTION 

Sec. 

Subpart A—Applicability, Definitions, and 

General Requirements For All Facilities 

and All Types of Oils 

112.1 General applicability. 

112.2 Definitions. 

112.3 Requirement to prepare and implement a Spill Prevention, Control, and 

Countermeasure Plan. 

112.4 Amendment of Spill Prevention, Control, and Countermeasure Plan by Regional Administrator. 

112.5 Amendment of Spill Prevention, Control, and Countermeasure Plan by owners 

or operators. 

112.6 [Reserved] 

112.7 General requirements for Spill Prevention, Control, and Countermeasure 

Plans. 

Subpart B—Requirements for Petroleum 

Oils and Non-Petroleum Oils, Except 

Animal Fats and Oils and Greases, 

and Fish and Marine Mammal Oils; 

and Vegetable Oils (Including Oils 

from Seeds, Nuts, Fruits, and Kernels) 

112.8 Spill Prevention, Control, and Countermeasure Plan requirements for onshore facilities (excluding production facilities). 

112.9 Spill Prevention, Control, and Countermeasure Plan requirements for onshore oil production facilities. 

112.10 Spill Prevention, Control, and Countermeasure Plan requirements for onshore oil drilling and workover facilities. 

112.11 Spill Prevention, Control, and Countermeasure Plan requirements for offshore oil drilling, production, or 

workover facilities. 

Subpart C—Requirements for Animal Fats 

and Oils and Greases, and Fish and 

Marine Mammal Oils; and for Vegetable Oils, Including Oils from Seeds, 

Nuts, Fruits and Kernels 

112.12 Spill Prevention, Control, and Countermeasure Plan requirements for onshore facilities (excluding production facilities). 

112.13 Spill Prevention, Control, and Countermeasure Plan requirements for onshore oil production facilities. 

112.14 Spill Prevention, Control, and Countermeasure Plan requirements for onshore oil drilling and workover facilities. 

19