AUTHORITY: Secs. 311 and 501(a), Federal Water Pollution Control Act, (33 U.S.C. 1251 et seq.).

SOURCE: 43 FR 10488, Mar. 13, 1978, unless otherwise noted.

EFFECTIVE DATE NOTE: Part 117 becomes effective June 12, 1978, except for vessels. For vessels the effective date is September 11, 1978.

isomers, or mixtures thereof designated as hazardous substances under 40 CFR Part 116 are determined to be not actually removable. The determination that certain designated substances cannot actually be removed by chemical, physical, or biological means does not relieve the discharger or third party from damage mitigation liabilities under sections 311(f) and 311(g) of the Act.

8 117.1 Applicability.

This regulation makes a determination under section 311(b)(2)(B)(i) of the Federal Water Pollution Control Act (the Act) as to the actual removability of substances designated under section 311(b)(2)(A). This regulation applies to substances designated as hazardous under 40 CFR Part 116.

PART 118-DETERMINATION OF

HARMFUL QUANTITIES FOR HAZ-
ARDOUS SUBSTANCES

Sec. 118.1 Applicability. 118.2 Abbreviations. 118.3 Definitions. 118.4 Determination of harmful quantities. 118.5 Demonstration projects. 118.6 Notice. 118.7 Penalties. 118.8 Liabilities for removal.

$ 117.2 Definitions.

AUTHORITY: Secs. 311 and 501(a), Federal Water Pollution Control Act (33 U.S.C. 1251 et seq., (the Act)) and Executive Order 11735.

Terms used in this part shall have the meanings as stated in 40 CFR Part 116 and as indicated below:

“Mixture" means any combination of two or more elements and/or com

ounds in olid, liquid or gaseous form except where such substances have undergone a chemical reaction so as to become inseparable by physical means.

“Remove" or "removal” refers to removal of the oil or hazardous substances from the water and shorelines or the taking of such other actions as may 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.

"Actually be removed" means the separation and isolation of discharged hazardous substances from the waters by chemical, physical, or biological means.

Source: 43 FR 10489, Mar. 13, 1978, unless otherwise noted.

EFFECTIVE DATE NOTE: Part 118 becomes effective June 12, 1978, except for vessels. The effective date for vessels is September 11, 1978.

$ 118.1 Applicability.

(a) This regulation makes a determi. nation of the harmful quantity for each substance designated as hazardous in 40 CFR Part 116. The regulation applies to quantities of designated substances equal to or greater than those set forth below, except to the extent that the owner or operator can show such discharges are made (1) in compliance with the requirements of sections 301, 302, 304, 306, 307, 318 and 403 of the Act, and in compliance with a National Pollutant Discharge Elimination System (NPDES) permit which has been issued pursuant to section 402 of the Act, (2) in compliance with Section 404 of the Act or in compliance with a permit issued under the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.), (3) in compliance with

$ 117.3 Determination of actual remov

ability.

It is determined that the following substances designated as hazardous under 40 CFR Part 116 can actually be removed: Allyl chloride, amyl acetate, benzene, cyclohexane, ethylbenzene, isoprene, methyl methacrylate, styrene, toluene, xylene. All other elements, compounds or their structural

ent limitation expressly applicable such hazardous substance and permit has yet been issued to source by a State with an appro NPDES program which includes an fluent limitation expressly applica to such hazardous substance.

(c) Notwithstanding the provisi of paragraph (b) of this section, u August 11, 1978, any discharge from point source subject to the NPC permit program under section 402 the Act shall be deemed in complia with an NPDES permit for purposes this section.

(43 FR 10489, Mar. 13, 1978, as amende 43 FR 24310, June 5, 1978)

$118.2 Abbreviations.

lb equals pound. kg equals kilogram. HQ equals harmful quantity.

$118.3 Definitions.

As used in this part, all terms sh have the meanings stated in 40 C Parts 116 and 117.

approved water treatment plant operations as specified by local, State or Federal regulations pertaining to safe drinking water, (4) pursuant to the label directions for application of a pesticide product registered under 40 CFR Part 162 (FEDERAL REGISTER, Vol. 40, No. 129, Part II, pp. 28242-28286, July 3, 1975) by authority of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by the Federal Environmental Pesticide Control Act of 1972 (Pub. L. 92-516, 86 Stat. 973; Pub. L. 94-140, 86 Stat. 751; 7 U.S.C. 136 et seq.), (5) in compliance with the regulations issued under section 3004 of the Resource Conservation and Recovery Act, 90 Stat. 2795; 42 U.S.C. 6901, (6) in compliance with instructions of the On-Scene Coordinator pursuant to 40 CFR 1510 (the National Oil and Hazardous Substance Contingency Plan) or 33 CFR 153.105(c) (Pollution by Oil and Hazardous Substances) or in accordance with applicable removal regulations as required by $311(j)(1)(A), (7) in compliance with a permit issued under $165.7 of Title 14 of the State of California Administrative Code, or (8) from a properly functioning inert gas system when used to provide inert gas to the cargo tanks of a vessel.

(b) For the purpose of this section, a discharge of a hazardous substance designated under 40 CFR Part 116 shall be in compliance with an NPDES permit during any 24 hour period if:

(1) The discharge during that 24 hour period does not exceed an effective maximum, daily effluent limitation for such hazardous substance expressly allowed in a permit issued under 40 CFR 125.35(a) or by a State with an approved NPDES program; or

(2)(i) An NPDES permit application has been filed in which the maximum daily amount of the specific hazardous substance discharged is expressly disclosed; and

(ii) The discharge during that 24 hour period does not exceed the maximum daily amount expressly disclosed for such hazardous substance in the permit application; and

(iii) No determination on a proposed permit has yet been made under 40 CFR 125.35(a) which includes an efflu

$118.4 Determination of harmful qua

ties. The quantity listed with each si stance in Table 118.4 is determined be the harmful quantity for that su stance. The harmful quantities of m tures or solutions are considered ad tive based upon the proportions of t individual elements or compounds follows. For a mixture or solution substance X, substance Y, and su stance Z, etc., the weight of substar X discharged is divided by the har ful quantity of pure substance X, a so forth. Next, the fractions so deriv are added. If the total equals or ceeds unity, then the harmful quar ty of the mixture or solution has be equaled or exceeded.

TABLE 118.4–HARMFUL QUANTITIES

HAZARDOUS SUBSTANCES

NOTE.-The first number under column headed “HQ" is the harmful qua ty in pounds. The number in parenthese the metric equivalent in kilograms. 1 column headed “Category" lists the E Category associated with each substance.

HQ in Category pounds

(kilograms)

Calcium hydroxide......

D B B D A B D X A B

B B А B B А B B А

B

X х

Calcium hypochlorite..
Calcium oxide
Captan......
Carbaryl...
Carbon disulfide.
Chlordane
Chlorine.
Chlorobenzene
Chloroform..
Chlorpyrifos......
Chlorosulfonic acid.
Chromic acetate
Chromic acid.
Chromic sulfate.
Chromous chloride
Cobaltous bromide
Cobaltous formate
Cobaltous sulfamate
Coumaphos..
Cresol
Cupric acetate.
Cupric acetoarsenite.
Cupric chloride.
Cupric nitrate
Cupric oxalate
Cupric sulfate
Cupric sulfate ammoniated..
Cupric tartrate
Cyanogen chloride
Cyclohexane...........
2,4-D Acid
2,4-D Esters
DDT
Diazinon
Dicamba.
Dichlobenil.
Dichlone
2,2-Dichloropropionic acid...
Dichlorvos
Dieldrin.
Diethylamine
Dimethylamine..
Dinitrobenzene
Dinitrophenol
Diquat
Disulfoton.
Diuron
Dodecylbenzenesulfonic acid
Endosulfan ..........
Endrin
Ethion
Ethylbenzene.
Ethylenediamine,
EDTA
Ferric ammonium citrate.
Ferric ammonium oxalate
Ferric chloride.
Ferric fluoride
Ferric nitrate
Ferric sulfate
Ferrous ammonium sulfate...
Ferrous chloride.
Ferrous sulfate
Formaldehyde...
Formic acid..
Frumaric acid
Furfural
Guthion
Heptachlor

5,000 (2,270). 100 (45.4.) 100 (45.4). 5.000 (2,270). 10 (4.54). 100 (45.4). 5.000 (2,270). 1 (0.454). 10 (4.54). 100 (45.4). 5,000 (2,270). 1 (0.454). 1,000 (454). 1,000 (454). 1,000 (454). 1,000 (454). 1,000 (454). 1,000 (454). 1,000 (454). 1,000 (454). 10 (4.54). 1,000 (454). 100 (45.4). 100 (45.4). 10 (4.54). 100 (45.4). 100 (45.4). 10 (4.54). 100 (45.4). 100 (45.4). 10 (4.54). 1,000 (454). 100 (45.4). 100 (45.4). 1 (0.454). 1 (0.454). 1,000 (454). 1,000 (454). 1 (0.454). 5,000 (2270). 10 (4.54). 1 (0.454). 1,000 (454). 1,000 (454). 1,000 (454). 1,000 (454). 1,000 (454). 1 (0.454). 100 (45.4). 1,000 (454). 1 (0.454). 1 (0.454). 10 (4.54). 1,000 (454). 1,000 (454). 5,000 (2,270), 1,000 (454). 1,000 (454). 1,000 (454). 100 (45.4). 1,000 (454). 1,000 (454). 1,000 (454). 100 (45.4). 1,000 (454). 1,000 (454). 5,000 (2,270). 5,000 (2,270). 1,000 (454). 1 (0.454). 1 (0.454).

х

х

HQ in Category pounds

(kilograms)

Material

HQ ir Category pound

(kilograr

...............

с

AACU

D D А с

5,000 (2,270). 5,000 (2,270). 10 (4.54). 1,000 (454).

UUUUUAAU

1,000 (454 1,000 (454 1,000 (454 1,000 (454 1,000 (454 5,000 (2,2 5,000 (2,2 1,000 (454 10 (4.54).

D

D D с A

D

с D D с B C B D

D

.............

X с A D D x A A А A X B D B x с с C А D

B B X B B с

Selenium oxide
Sodium
Sodium arsenate......................
Sodium arsenite..
Sodium bichromate..............
Sodium bifluoride
Sodium bisulfite
Sodium chromate..................
Sodium cyanide
Sodium

dodecylbenzenesulfonate ...
Sodium fluoride.
Sodium hydrosulfide
Sodium hydroxide..
Sodium hypochlorite.
Soduim methylate......
Sodium nitrite....
Sodium phosphate, dibasic....
Sodium phosphate, tribusic...
Sodium selenite
Strontium chromate.
Strychnine...................
Styrene......
Sulfuric acid.
Sulfur monochloride
2,4,5-T Acid
2,4,5-T Esters
TDE
Tetraethyl lead.
Tetraethyl pyrophosphate....
Toluene
Toxaphene
Trichlorfon.....
Trichlorophenol
Triethanolamine

dodecylbenzenesulfonate ... Triethylamine..... Trimethylamine Uranyl acetate Uranyl nitrate.. Vanadium pentoxide Vanadyl sulfate Vinyl acetate ....................... Xylene... Xylenol Zinc acetate Zinc ammonium chloride....... Zinc borate Zinc bromide Zinc carbonate Zinc chloride Zinc cyanide. Zinc fluoride.. Zinc formate Zinc hydrosulfite. Zinc nitrate Zinc phenolsulfonate. Zinc phosphide Zinc silicofluoride Zinc sulfate Zirconium nitrate. Zirconium potassium flu

oride ...... Zirconium sulfate.. Zirconium tetrachloride.

A

1,000 (454). 5,000 (2,270). 5,000 (2,270). 5,000 (2,270). 5,000 (2,270). 5,000 (2,270). 1,000 (454). 5,000 (2,270). 5,000 (2,270). 5,000 (2,270). 5,000 (2,270). 5,000 (2,270). 5,000 (2,270). 1 (0.454). 1,000 (454). 10 (4.54). 5,000 (2,270). 5,000 (2,270). 1 (0.454). 10 (4.54). 10 (4.54). 10 (4.54). 10 (4.54). 1 (0.454). 100 (45.4). 5,000 (2,270). 100 (45.4). 1 (0.454). 1,000 (454). 1,000 (454). 1,000 (454). 10 (4.54). 5,000 (2,270). 100 (45.4). 5,000 (2,270). 5,000 (2,270). 1,000 (454). 5,000 (2,270). 5,000 (2,270). 1,000 (454). 1,000 (454). 1,000 (454). 1,000 (454). 1,000 (454). 1 (0.454). 10 (4.54). 1,000 (454). 5,000 (2,270). 5,000 (2,270). 1 (0.454). 5,000 (2,270). 100 (45.4). 5,000 (2,270). 10 (4.54). 1,000 (454). 1,000 (454). 1,000 (454). 1,000 (454). 10 (4.54). 1,000 (454). 100 (45.4). 5,000 (2,270). 5,000 (2,270). 1,000 (454). 1,000 (454). 1,000 (454).

с

D с

c

с с X А с D D x D

$ 118.5 Demonstration projects.

Notwithstanding any other provision of this part, the Administrator of the Environmental Protection Agency may permit, on a case-by-case basis, the discharge of harmful quantities of designated hazardous substances in connection with research, demonstration projects, or studies relating to the prevention, control, or abatement of hazardous substance pollution.

United States) shall be assessed a civil penalty of up to $5,000 under section 311(b)(6).

(c) The owner or operator of a vessel or onshore or offshore facility from which is discharged a hazardous substance designated in 40 CFR Part 116, shall, subject to the defenses to liability provided in section 311(f), be subject to a civil penalty assessed under Section 311(b)(2)(B)(iii) as set forth in 40 CFR Part 119, provided that such hazardous substance shall have been determined in 40 CFR Part 117, not to be actually removable, and provided further that the quantity of such hazardous substance discharged equals or exceeds in any 24-hour period the harmful quantity established in this part. (43 FR 10489, Mar. 13, 1978; 43 FR 27534, June 26, 1978)

8 118.6 Notice.

Any person in charge of a vessel or an onshore or an offshore facility shall, as soon as he has knowledge of any discharge of a designated hazardous substance from such vessel or facility in quantities equal to or exceeding in any 24-hour period the harmful quantity determined by this part, immediately notify the appropriate agency of the United States Government of such discharge. Notice shall be given in accordance with such procedures as the Secretary of Transportation has set forth in 33 CFR Part 153.

f 118.7 Penalties.

(a) Any person in charge of a vessel or an onshore or offshore facility who fails to notify immediately the United States Government of discharges of hazardous substances designated in 40 CFR Part 116 equal to or exceeding in any 24-hour period those quantities determined to be harmful as set forth in this part (except in the case of a discharge beyond the contiguous zone, a person in charge of a vessel who is not otherwise subject to the jurisdiction of the United States) shall be subject to not more than $10,000 or imprisonment for not more than one year or both pursuant to section 311(b)(5).

(b) The owner, operator, or person in charge of a vessel or onshore or offshore facility from which is discharged a hazardous substance designated in 40 CFR Part 116 in a quantity equal to or exceeding in any 24-hour period the harmful quantity established in this Part (except in the case of a discharge beyond the contiguous zone, a person in charge of a vessel who is not otherwise subject to the jurisdiction of the

§ 118.8 Liabilities for removal.

In any case where a substance designated as hazardous in 40 CFR Part 116 is discharged from any vessel or onshore or offshore facility in a quantity equal to or exceeding the harmful quantity determined by this part, the party or parties liable pursuant to sections 311(f) and (g) of the Act shall be liable to the United States Government for the actual costs incurred in the removal of such substance, subject only to the defenses and monetary limitations enumerated in sections 311(f) and (g) of the Act. Removal refers to removal of the hazardous substance from the water and shorelines or the taking of such other actions as may 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.

PART 119-DETERMINATION OF

UNITS OF MEASUREMENT AND RATES OF PENALTY FOR HAZARDOUS SUBSTANCES

Sec. 119.1 Applicability. 119.2 Abbreviations. 119.3 Definitions.