Regulations last checked for updates: Nov 22, 2024

Title 40 - Protection of Environment last revised: Nov 20, 2024
§ 113.3 - Definitions.

As used in this subpart, the following terms shall have the meanings indicated below:

(a) Aboveground storage facility means a tank or other container, the bottom of which is on a plane not more than 6 inches below the surrounding surface.

(b) Act means the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1151, et seq.

(c) Barrel means 42 United States gallons at 60 degrees Fahrenheit.

(d) Belowground storage facility means a tank or other container located other than as defined as “Aboveground”.

(e) Discharge includes, but is not limited to any spilling, leaking, pumping, pouring, emitting, emptying or dumping.

(f) Onshore Oil Storage Facility means any facility (excluding motor vehicles and rolling stock) of any kind located in, on, or under, any land within the United States, other than submerged land.

(g) On-Scene Coordinator is the single Federal representative designated pursuant to the National Oil and Hazardous Substances Pollution Contingency Plan and identified in approved Regional Oil and Hazardous Substances Pollution Contingency Plans.

(h) Oil means oil of any kind or in any form, including but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.

(i) Remove or removal means the removal of the oil from the water and shorelines or the taking of such other actions as the Federal On-Scene Coordinator may determine to be necessary to minimize or mitigate damage to the public health or welfare, including but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches.

Additionally, the terms not otherwise defined herein shall have the meanings assigned them by section 311(a) of the Act.
authority: Sec. 311(f)(2), 86 Stat. 867 (33 U.S.C. 1251 (1972))
source: 38 FR 25440, Sept. 13, 1973, unless otherwise noted.
cite as: 40 CFR 113.3