Professional Documents
Culture Documents
1
§ 117.2
2
§ 117.3
3
§ 117.3
4
§ 117.3
5
§ 117.11
[50 FR 13513, Apr. 4, 1985, as amended at 51 FR 34547, Sept. 29, 1986; 54 FR 33482, Aug. 14, 1989; 58 FR 35327,
June 30, 1993; 60 FR 30937, June 12, 1995]
6
§ 117.13
(the National Oil and Hazardous Substances Pollu- (A) An on-site treatment system separate from
tion Plan) or 33 CFR 153.10(e) (Pollution by Oil any treatment system treating the permittee’s nor-
and Hazardous Substances) or in accordance with mal discharge; or
applicable removal regulations as required by sec- (B) A treatment system designed to treat the
tion 311(j)(1)(A); permittee’s normal discharge and which is addi-
(f) In compliance with a permit issued under tionally capable of treating the identified amount
§ 165.7 of Title 14 of the State of California Ad- of the identified substance; or
ministrative Code; (C) Any combination of the above; and
(g) From a properly functioning inert gas sys- (2) The permit contains a requirement that the
tem when used to provide inert gas to the cargo substance and amounts of the substance, as identi-
tanks of a vessel; fied in § 117.12(c)(1)(i) and § 117.12(c)(1)(ii) be
(h) From a permitted source and are excluded treated pursuant to § 117.12(c)(1)(iii) in the event
by § 117.12 of this regulation; of an on-site release; and
(i) To a POTW and are specifically excluded or (3) The treatment to be provided is in place.
reserved in § 117.13; or (d) A discharge is a ‘‘continuous or anticipated
(j) In compliance with a permit issued under intermittent discharge from a point source, identi-
section 404(a) of the Clean Water Act or when the fied in a permit or permit application under sec-
discharges are exempt from such requirements by tion 402 of this Act, and caused by events occur-
section 404(f) or 404(r) of the Act (33 U.S.C. ring within the scope of the relevant operating or
1344(a), (f), (r)). treatment systems,’’ whether or not the discharge
is in compliance with the permit, if:
§ 117.12 Applicability to discharges (1) The hazardous substance is discharged from
from facilities with NPDES permits. a point source for which a valid permit exists or
(a) This regulation does not apply to: for which a permit application has been submitted;
(1) Discharges in compliance with a permit and
under section 402 of this Act; (2) The discharge of the hazardous substance re-
(2) Discharges resulting from circumstances sults from:
identified, reviewed and made a part of the public (i) The contamination of noncontact cooling
record with respect to a permit issued or modified water or storm water, provided that such cooling
under section 402 of this Act, and subject to a water or storm water is not contaminated by an
condition in such permit; on-site spill of a hazardous substance; or
(3) Continuous or anticipated intermittent dis- (ii) A continuous or anticipated intermittent dis-
charges from a point source, identified in a permit charge of process waste water, and the discharge
or permit application under section 402 of this originates within the manufacturing or treatment
Act, which are caused by events occurring within systems; or
the scope of the relevant operating or treatment (iii) An upset or failure of a treatment system
systems; or or of a process producing a continuous or antici-
(b) A discharge is ‘‘in compliance with a permit pated intermittent discharge where the upset or
issued under section 402 of this Act’’ if the permit failure results from a control problem, an operator
contains an effluent limitation specifically applica- error, a system failure or malfunction, an equip-
ble to the substance discharged or an effluent limi- ment or system startup or shutdown, an equipment
tation applicable to another waste parameter which wash, or a production schedule change, provided
has been specifically identified in the permit as in- that such upset or failure is not caused by an on-
tended to limit such substance, and the discharge site spill of a hazardous substance.
is in compliance with the effluent limitation.
[44 FR 50776, Aug. 29, 1979, as amended at 44 FR
(c) A discharge results ‘‘from circumstances
58910, Oct. 12, 1979]
identified, reviewed and made a part of the public
record with respect to a permit issued or modified
under section 402 of the Act, and subject to a con- § 117.13 Applicability to discharges
dition in such permit,’’ whether or not the dis- from publicly owned treatment
charge is in compliance with the permit, where: works and their users.
(1) The permit application, the permit, or an- (a) [Reserved]
other portion of the public record contains docu- (b) These regulations apply to all discharges of
ments that specifically identify: reportable quantities to a POTW, where the dis-
(i) The substance and the amount of the sub- charge originates from a mobile source, except
stance; and where such source has contracted with, or other-
(ii) The origin and source of the substance; and wise received written permission from the owners
(iii) The treatment which is to be provided for or operators of the POTW to discharge that quan-
the discharge either by: tity, and the mobile source can show that prior to
7
§ 117.14
accepting the substance from an industrial dis- quantities equal to or exceeding in any 24-hour
charger, the substance had been treated to comply period the reportable quantity determined by this
with any effluent limitation under sections 301, part, immediately notify the appropriate agency of
302 or 306 or pretreatment standard under section the United States Government of such discharge.
307 applicable to that facility. Notice shall be given in accordance with such pro-
cedures as the Secretary of Transportation has set
§ 117.14 Demonstration projects. forth in 33 CFR 153.203. This provision applies to
Notwithstanding any other provision of this all discharges not specifically excluded or reserved
part, the Administrator of the Environmental Pro- by another section of these regulations.
tection Agency may, on a case-by-case basis,
allow the discharge of designated hazardous sub- § 117.23 Liabilities for removal.
stances in connection with research or demonstra- In any case where a substance designated as
tion projects relating to the prevention, control, or hazardous in 40 CFR part 116 is discharged from
abatement of hazardous substance pollution. The any vessel or onshore or offshore facility in a
Administrator will allow such a discharge only quantity equal to or exceeding the reportable quan-
where he determines that the expected environ- tity determined by this part, the owner, operator or
mental benefit from such a discharge will out- person in charge will be liable, pursuant to section
weigh the potential hazard associated with the dis- 311 (f) and (g) of the Act, to the United States
charge. Government for the actual costs incurred in the re-
moval of such substance, subject only to the de-
Subpart C—Notice of Discharge of fenses and monetary limitations enumerated in
a Reportable Quantity section 311 (f) and (g) of the Act.
The Administrator may act to mitigate the damage
§ 117.21 Notice. to the public health or welfare caused by a dis-
Any person in charge of a vessel or an onshore charge and the cost of such mitigation shall be
or an offshore facility shall, as soon as he has considered a cost incurred under section 311(c) for
knowledge of any discharge of a designated haz- the removal of that substance by the United States
ardous substance from such vessel or facility in Government.