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PART 110_DISCHARGE OF OIL (1) "Offshore facility” means any fa

cility of any kind located in, on, or under, Sec. 110.1 Definitions.

any of the navigable waters of the United 110.2 Applicability.

States other than a vessel or public 110.3 Discharge into navigable waters

vessel; harmful.

(f) “Applicable water quality stand110.4 Discharge into contiguous zone harm- ards" means water quality standards ful.

adopted pursuant to section 10(c) of the 110.5 Discharge prohibited.

Federal Act and State-adopted water 110.6 Exception for vessel engines.

quality standards for waters which are 110.7 Dispersants. 110.8 Demonstration projects.

not interstate within the meaning of that 110.9 Notice.

Act.

(k) “Federal Act” means the Federal AUTHORITY: The provisions of this Part

Water Pollution Control Act, as amended, 110 issued under sec. 11(b) (3), as amended,

33 U.S.C. 1151, et seq. 84 Stat. 92; 33 U.S.C. 1161.

(1) "Sheen" means an Iridescent apSOURCE: The provisions of this Part 110

pearance on the surface of water. appear at 36 F.R. 22487, Nov. 25, 1971, unless

(m) "Sludge" means an aggregate of otherwise noted.

oil or oil and other matter of any kind $ 110.1 Definitions.

in any form other than dredged spoil As used in this part, the following having a combined specific gravity equivterms shall have the meaning indicated alent to or greater than water. below: (a) "Ou” means oil of any kind or in

$ 110.2 Applicability. any form, including, but not limited to, The regulations of this part apply to petroleum, fuel oil, sludge, oil refuse, oil the discharge of oil into or upon the mixed with ballast or bilge, and oil mixed navigable waters of the United States, with wastes other than dredged spoil; adjoining shorelines or into or upon the

(b) "Discharge" includes, but is not waters of the contiguous zone, prohibited limited to, any spilling, leaking, pumping, by section 11(b) of the Federal Act. pouring, emitting, emptying or dumping;

$ 110.3 Discharge into navigable waters (c) “Vessel" means every description

harmful. of watercraft or other artificial contrivance used, or capable of being used, as

For purposes of section 11(b) of the a means of transportation on water other Federal Act, discharges of such quantithan a public vessel;

ties of oil into or upon the navigable (d) "Public vessel" means a vessel

waters of the United States or adjoining owned or bare-boat chartered and oper

shorelines determined to be harmful to ated by the United States, or by a State

the public health or welfare of the United or political subdivision thereof, or by a States, at all times and locations and unforeign nation, except when such vessel der all circumstances and conditions, exis engaged in commerce;

cept as provided in section 110.6 of this (e) “United States" means the States, part, include discharges which: the District of Columbia, the Common- (a) Violate applicable water quality wealth of Puerto Rico, the Canal Zone,

standards, or Guam, American Samoa, the Virgin

(b) Cause a film or sheen upon or disIslands, and the Trust Territory of the

coloration of the surface of the water or Pacific Islands;

adjoining shorelines or cause a sludge or (f) "Person” includes an individual,

emulsion to be deposited beneath the surfirm, corporation, association, and a

face of the water or upon adjoining partnership;

shorelines. (g) "Contiguous zone" means the entire zone established or to be established $ 110.4 Discharge into contiguous zone by the United States under article 24 of

harmful. the Convention on the Territorial Sea and the Contiguous Zone;

For purposes of section 11(b) of the (h) “Onshore facility" means any fa

Federal Act, discharges of such quantities

of oil into or upon the waters of the concility (including, but not limited to motor vehicles and rolling stock) of any kind

tiguous zone determined to be harmful to located in, on, or under, any land within the public health or welfare of the United the United States other than submerged States, at all times and locations and land;

under all circumstances and conditions,

as

except as provided in section 110.6 of this cedures as the Secretary of Transportapart, include discharges which:

tion may prescribe. (a) Violate applicable water quality standards in navigable "waters of the PART 120-WATER QUALITY United States, or

STANDARDS (b) Cause a film or sheen upon or dis

Sec. coloration of the surface of the water or 120.1 Scope and purpose. adjoining shorelines or cause a sludge or 120.2 State adoption. emulsion to be deposited beneath the 120.3 Availability. surface of the water or upon adjoining 120.10 Standards adopted. shorelines.

AUTHORITY: The provisions of this part 8 110.5 Discharge prohibited.

120 issued under sec. 1, 70 Stat. 506, as

amended; 33 U.S.C. 1160(C), unless otherwise As provided in section 11(b)(2) of the noted. Federal Act, no person shall discharge or

SOURCE: The provisions of this Part 120 cause or permit to be discharged into or

appear at 36 F.R. 22489, Nov. 25, 1971, unless upon the navigable waters of the United otherwise noted. States, adjoining shorelines, or into or

$ 120.1 Scope and purpose. upon the waters of the contiguous zone any oil, in harmful quantities as deter- This part applies to procedures for the mined in $$ 110.3 and 110.4 of this part, adoption of water quality standards except as the same may be permitted in pursuant to section 10(c) of the Federal the contiguous zone under Article IV of Water Pollution Control Act, the International Convention for the amended, 33 U.S.C. 1160(c), hereinafter Prevention of Pollution of the Sea by Oil, the Federal Act, and identifies and 1954, as amended.

describes those State-adopted water

quality standards which the Administra$ 110.6 Exception for vessel engines.

tor of the Environmental Protection For purposes of section 11(b) of the Agency, hereinafter the Administrator, Federal Act, discharges of oil from a has determined meet the criteria of the properly functioning vessel engine are Federal Act. not deemed to be harmful; but such oil

$ 120.2 State adoption. accumulated in a vessel's bilges shall not be so exempt.

(a) Water quality standards consist

ing of water quality criteria and a plan $ 110.7 Dispersants.

for the enforcement and implementaAddition of dispersants or emulsiflers tion of such criteria, if adopted by & to oil to be discharged which would cir- State after notice and public hearing, cumvent the provisions of this part is and if determined by the Administrator prohibited.

to be such standards as will protect the & 110.8 Demonstration projects.

public health or welfare, enhance the

quality of water and serve the purposes Notwithstanding any other provisions of the Federal Act, shall thereafter be the of this part, the Administrator of the En- water quality standards applicable to vironmental Protection Agency may per- the interstate waters or portions thereof mit the discharge of oil into or upon the for which adopted. navigable waters of the United States, (b) Determination by the Administraadjoining shorelines, or into or upon the tor that State-adopted water quality waters of the contiguous zone, in con- standards meet the criteria of paragraph nection with research, demonstration (a) of this section shall be published in projects, or studies relating to the pre- the FEDERAL REGISTER. Documents convention, control, or abatement of oil taining such standards shall be incorpollution.

porated by reference into this part. $ 110.9 Notice.

§ 120.3 Availability. Any person in charge of any vessel or State-adopted water quality standards onshore or offshore facility shall, as soon which the Administrator has determined as he has knowledge of any discharge of meet the criteria of $ 120.2 shall be availoil from such vessel or facility in viola- able for inspection at the Regional tion of g 110.5 of this part, immediately Offices of the Environmental Protection notify the U.S. Coast Guard of such dis- Agency and at its Washington, D.C., adcharge in accordance with such pro- dress at Waterside Mall, Washington,

D.C. 20460, where the official historic file of water quality standards shall be maintained. $ 120.10 Standards adopted.

Water quality standards consisting of water quality criteria and plans of enforcement and implementation thereof which the Administrator has determined meet the criteria of section 10(c) of the Federal Act, except as otherwise noted, have been established by the States as follows:

ALABAMA Water quality standards established by Alabama on May 5, 1967, for interstate waters subject to its jurisdiction, and which are contained in the document entitled, “Water Quality Standards for Waters of Alabama and a Plan of Implementation, June 1967," except for temperature and dissolved oxygen criteria for those interstate waters for which shellfish harvesting, and fish and wildlife propagation are the established uses, together with appendixes and supporting documents; as amended.

ALASKA Water quality standards established by Alaska on June 29, 1967, for Interstate waters subject to its jurisdiction, as amended, and which are contained in title 18, "Environmental Conservation," of Chapter 70, "Water Quality Standards,” of the Alaska Administrative Code, together with supporting documents.

ARIZONA Water quality standards established by Arizona on July 18, 1968, for interstate waters subject to its jurisdiction and which are contained in the document entitled "Water Quality Standards for Surface Waters in Arizona," together with supporting material.

ARKANSAS Water quality standards established by Arkansas on May 26, 1967, for interstate waters subject to its jurisdiction, and which are contained in the document entitled, "Water Quality Criteria and Plan of Implementation of the State of Arkansas, Arkansas Pollution Control Commission," consisting of one volume with six sections, section IV thereof containing criteria for interstate streams, which criteria are identified as "Regulation No. 2 of the Arkansas Pollution Control Commission," and section V thereof containing the "Implementation and Enforcement Plan," together with appendixes and supporting documents; ang amended.

CALIFORNIA Water quality standards established by California in June 1967 for interstate waters subject to its jurisdiction and which are contained in the following documents:

1. Water Quality Control policy for Klamath River in California, 1967, as amended June 5, 1969.1

2. Water Quality Control Policy for Smith River, 1967, as amended June 4, 1970.1

3. Water Quality Control Policy for Hum. boldt Bay, 1967.1

4. Water Quality Control Policy for Humboldt-Del Norte Coast, 1967.1

5. Water Quality Control Policy for Sonoma-Marin Coast, 1967.1

6. Water Quality Control policy for Mendocino Coast, 1967.1

7. Lake Tahoe Water Quality Control policy, June 1966, with Addendum Regarding Control of Siltation adopted December 17, 1970.1

8. Water Quality Control policy for East Walker River, 1967.1

9. Water Quality Control Policy for West Fork Carson River, 1967.1

10. Water Quality Control Policy for Truckee River, 1967, as amended June 5, 1969.1

11. Water Quality Control Policy for West Walker River and Lake Topaz, 1967.2

12. Water Quality Control Policy for East Fork Carson River, 1967.1

13. Statement of Policy for Water Quality Control of Minor California, Nevada Interstate Waters, April 1967.1

14. Water Quality Control Policy for Pacific Ocean, 1967 (Within the San Diego Water Quality Control Region, March 30, 1967).1

15. Water Quality Control Policy for San Diego Bay, 1966.1

16. Water Quality Control policy for Mission Bay including Tidal Prism of San Diego River and Agua Hedionda Lagoon, 1967.1

17. Water Quality Control Policy for Tijuana River Basin in California, 1967.1

18. Water Quality Control Policy for Sacramento-San Joaquin Delta, 1967, as amended.

19. Water Quality Control Policy for Goose Lake, Calif., January 1967.1

20. Water Quality Control Policy for Tidal Waters Inland from the Golden Gate within the San Francisco Bay Region, 1967, as amended December 3, 1970.1

21. Water Quality Control Policy for Pacific Ocean, Pescadero Point to Mouth of Tomales Bay (Bolinas Lagoon, Drakes Estero, Limantour Estero, Portions of Tomales Bay and Tidal Portions of Coastal Streams), 1967.1

22. Water Quality Control Policy for Coastal Waters, Point Piedras Blancas to Pescadero Point, 1967.1

23. Water Quality Control Policy for Coastal Waters, Point Arguello to Point Piedras Blancas.1

24. Water Quality Control Policy for Coastal Waters, Rincon Point to Point Arguello, 1967.1

25. Water Quality Control Policy for Pacific Ocean Coastal Waters, Rincon Point to San Gabriel River, 1967.1

26. Water Quality Control policy for San Gabriel Tidal Prism, 1967.1

1 See footnote on next page.

27. Water Quality Control Policy for Pacific Ocean Coastal Waters, 1967 (San Gabriel River to the Drainage Divide Between Muddy Canyon and Moro Canyon, Orange County, March, 1967), as amended December 4, 1969.1

28. Water Quality Control Policy for Coastal Bays, Marinas and Sloughs, 1967.1

29. Water Quality Control Policy for Colorado River in California, 1967, as amended June 4, 1970.1

30. Water Quality Control Policy for Alamo River in California, 1967.1

31. Water Quality Control Policy for New River in California, 1967.1

32. Water Quality Control Policy for Harbors, Marinas, and Tidal Prisms of Los Angeles and Ventura Counties, 1967, as revised February 6, 1969, December 4, 1969, and November 5, 1970, and corrected February 18, 1971.1

33. Water Quality Control policy for the Lost River in California, September, 1969, as revised November 19, 1970.1

34. Water Quality Control Plan for the Bryant Creek Basin, January 21, 1971.1

35. Policy Regarding the Control of Temperature in the Coastal and Interstate Waters and Enclosed Bays and Estuaries of California, October 13, 1971 (approval was conditioned upon the accomplishment by Callfornia of specified revisions to the “General Water Quality Provisions" and "Implementation" portions of the Policy), together with material supporting the above policies.

COLORADO Water quality standards established in Colorado on June 12, 1967, for Interstate waters subject to its jurisdiction and which are contained in the document entitled "Stream Classification for Surface Waters of Colorado, Including: Stream Quality Standards, Plan of Implementation, Enforcement Procedures," as amended;

CONNECTICUT Water quality standards established by Connecticut on November 17, 1969, and which are contained in the document entitled "Water Quality Standards" (1970), together with supporting documents.

DELAWARE Water quality standards established by Delaware on May 17, 1967, for interstate waters subject to its jurisdiction, and which are contained in the document entitled "Water Quality Standards for Interstate Streams, June 1967," as amended.

DELAWARE RIVER BASIN COMMISSION Water quality standards established by the Delaware River Basin Commission on

June 23, 1967, for interstate waters subject to its jurisdiction, and which are contained in the document entitled “Water Quality Standards (as authorized by Resolution No. 67-9), June 23, 1967," together with appendixes and supporting documents, 3 amended; except for dissolved oxygen and temperature criteria for Interstate waters classified for trout maintenance; and except for the Delaware River from the point designated R.M. 95.0 to the PhiladelphlaDelaware County Une.

DISTRICT OF COLUMBIA Water quality standards established by the District of Columbia on June 29, 1967, for interstate waters subject to its jurisdiction, and which are contained in the document entitled “Water Quality Criteria, Implementation And Enforcement Plan, Potomac River And Tributaries, June 1967," as amended; except for temperature and dissolved oxygen criteria.

An addendum to the water quality standards established by the District of Columbia which was adopted on December 16, 1968, by Commissioners' Order No. 68–801 and which is entitled "Revised Water Criteria and Uses (1972)".

FLORIDA Water quality standards established by Florida on February 20, 1968, for interstate waters subject to its jurisdiction and which are contained in the document entitled, "Rules of the Florida Air and Water Pollution Control Commission, Chapter 28–5, Pollution of Waters," as amended, recodified as Chapter 17-3, as amended on October 28, 1970 (section 17-3.04(1)) and February 17, 1971 (section 17-3.05(v)), and March 4, 1971 (sections 17-3.08, 17-3.09, 17-3.10, and 17-3.21).

GEORGIA Water quality standards established by Georgia in June 1967, for Interstate waters subject to its jurisdiction, and which are contained in the documents entitled "Establishment of Water Quality Standards and Classifications For Interstate Waters In the State of Georgia In Compliance with the Federal Water Pollution Control Act, As Amended by the Water Quality Act of 1965Section 10(c) (1), Under Authority of the Georgia Water Quality Control Act, Act 870, As Amended Through 1966," consisting of 11 sections, including criteria contained in "Rules of State, Water Quality Control Board, Chapter 730–3, Water Use Classifications and Water Quality Standards" adopted by the State Water Quality Control Board on April 21, 1967, and contained in section 1 of the aforesaid 11 sections, together with appendixes and supporting documents.

1 Temperature requirements established by the Policy Regarding the control of Temperature (paragraph 35) supersede temperature requirements stated in water quality control policies for particular waters.

$ 120,10

4. "Report On Water Quality And Plan of Implementation, Upper And Middlo Wabash River Basins (Down to Terre Haute), June 1967," as amended.

5. "Report On Water Quality And Plan of Implementation, Patoka River Basin And The Indiana Waters Of The Lower Wabash River Basın Excluding The Waters Of The White River Basin, June 1967," as amended.

6. “Report On Water Quality And Plan of Implementation, The Indiana Waters of The Main Stem Of The Ohio River And Its Indiana Tributary Basins Excluding The Waters of The Wabash River Basin, June 1967," as amended.

7. "Report On Water Quality And Plan Of Implementation, Indiana Waters Of The Kankakee River Basin, June 1967," as amended.

8. "Report on Water Quality And Plan of Implementation, Lake Michigan Basin, June 1967," as amended.

Revised water quality criteria established by Indiana September 18, 1970; protection of existing high quality waters adopted March 17, 1970; and additions to the implementation plans, adopted March 17, 1970; and which are contained in the document entitled "Official Regulations SPC IR-2 Adopted and Promulgated by the Stream Pollution Control Board of the State of Indiana."

TERRITORY OF GUAM Water quality standards established by the Territory of Guam on December 18, 1967, for interstate waters subject to its jurisdiction and which are contained in the document entitled "Standards of Water Quality for Waters of the Territory of Guam, December, 1967", and which were revised on April 15, 1968, and which are contained as revised, in the document entitled "Standards of Water Quality for Waters of the Territory of Guam, April, 1968”, and the plan of implementation as revised in March 1970, and which is contained in the document entitled "Plan for an Integrated Wastewater System, Guam, Marianas Islands."

HAWAII Water quality standards established by Hawall on June 29, 1967, for interstate waters subject to its jurisdiction, and which are contained in the document entitled “Water Quality Standards, June 29, 1967," and which were revised on December 26, 1967, by revisions of Chapters 37 and 37-A of the Public Health Regulations, as amended on November 16, 1970, and as further amended on January 15, 1971.

IDAHO Water quality standards established by Idaho in June 1967, for interstate waters subject to its jurisdiction, and which are contained in the documents entitled "Rules And Regulations For Standards of Water Quality For The Interstate Waters Of Idaho And Disposal Therein of Sewage And Industrial Wastes," and "Implementation, Enforcement And Surveillance Plan For The Interstate Waters of Idaho," together with appendixes and supporting documents, as amended.

ILLINOIS
Water quality standards established by
Illinois on January 6, 1972, and on March 7,
1972, for interstate waters subject to its
jurisdiction and which are contained in
the document entitled “Water Pollution
Regulations of Illinois,” except for Rules 205
and 302 Restricted Use Waters, and the Rule
206(e), Lake Michigan Thermal Standards,
Implementation plan As it relates to the
power plant at Zion.

INDIANA
Water quality standards established by
Indiana in June 1967, for interstate waters
subject to its jurisdiction, and which are
contained in the following documents:

1. "Report On Water Quality Criteria And
Plan Of Implementation, Whitewater River
Basin, June 1967," as amended.

2. "Report On Water Quality Criteria And Plan Of Implementation, St. Joseph River Basin, June 1967," as amended.

3. “Report On Water Quality Criteria And Plan Of Implementation, Maumee River Basin, June 1967," as amended.

IOWA Water quality standards established by Iowa on May 26, 1967, for interstate waters subject to its jurisdiction and which are contained in the document entitled “Water Quality Criteria and Plan for Implementation and Enforcement for the Surface Waters of Iowa,” as amended by implementation plan revisions adopted November 5, 1970, as amended, and by revisions adopted May 27, 1971, and which are contained in the document entitled "Iowa Water Pollution Control Commission, Rules and Regulations, Water Quality Standards."

KANSAS Water quality standards established by Kansas in June 1967 for interstate waters subject to its jurisdiction and which are contained in documents entitled "River Basin Water Quality Criteria-Kansas" and "Plan of Implementation for Water Quality Control and Pollution Abatement," as amended.

KENTUCKY

Water Quality Standards established by Kentucky as follows: WP-4-1, Water Quality Standards for the Waters of the Commonwealth of Kentucky, July 23, 1971; Antidegradation statement, March 5, 1971; and Plan of Implementation, Parts I and II, July 1971; together with supporting material. Approval was conditioned on the adoption by Kentucky of appropriate water use classifications.

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