[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR302.3]

[Page 280-281]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 302_DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION
--Table of Contents
 
Sec. 302.3  Definitions.

    As used in this part, all terms shall have the meaning set forth 
below:
    The Act, CERCLA, or Superfund means the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (Pub. L. 96-510);
    Administrator means the Administrator of the United States 
Environmental Protection Agency (``EPA'');
    Consumer product shall have the meaning stated in 15 U.S.C. 2052;
    Environment means (1) the navigable waters, the waters of the 
contiguous zone, and the ocean waters of which the natural resources are 
under the exclusive management authority of the United States under the 
Fishery Conservation and Management Act of 1976, and (2) any other 
surface water, ground water, drinking water supply, land surface or 
subsurface strata, or ambient air within the United States or under the 
jurisdiction of the United States;
    Facility means (1) any building, structure, installation, equipment, 
pipe or pipeline (including any pipe into a sewer or publicly owned 
treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, 
storage container, motor vehicle, rolling stock, or aircraft, or (2) any 
site or area where a hazardous substance has been deposited, stored, 
disposed of, or placed, or otherwise come to be located; but does not 
include any consumer product in consumer use or any vessel;
    Hazardous substance means any substance designated pursuant to 40 
CFR part 302;
    Hazardous waste shall have the meaning provided in 40 CFR 261.3;
    Navigable waters or navigable waters of the United States means 
waters of the United States, including the territorial seas;
    Offshore facility means any facility of any kind located in, on, or 
under, any of the navigable waters of the United States, and any 
facility of any kind which is subject to the jurisdiction of the United 
States and is located in, on, or under any other waters, other than a 
vessel or a public vessel;
    Onshore facility means any facility (including, but not limited to, 
motor vehicles and rolling stock) of any kind located in, on, or under, 
any land or non-navigable waters within the United States;
    Person means an individual, firm, corporation, association, 
partnership, consortium, joint venture, commercial entity, United States 
Government,

[[Page 281]]

State, municipality, commission, political subdivision of a State, or 
any interstate body;
    Release means any spilling, leaking, pumping, pouring, emitting, 
emptying, discharging, injecting, escaping, leaching, dumping, or 
disposing into the environment (including the abandonment or discarding 
of barrels, containers, and other closed receptacles containing any 
hazardous substance or pollutant or contaminant), but excludes:
    (1) Any release which results in exposure to persons solely within a 
workplace, with respect to a claim which such persons may assert against 
the employer of such persons;
    (2) Emissions from the engine exhaust of a motor vehicle, rolling 
stock, aircraft, vessel, or pipeline pumping station engine;
    (3) Release of source, byproduct, or special nuclear material from a 
nuclear incident, as those terms are defined in the Atomic Energy Act of 
1954, if such release is subject to requirements with respect to 
financial protection established by the Nuclear Regulatory Commission 
under section 170 of such Act, or for the purposes of section 104 of the 
Comprehensive Environmental Response, Compensation, and Liability Act or 
any other response action, any release of source, byproduct, or special 
nuclear material from any processing site designated under section 
102(a)(1) or 302(a) of the Uranium Mill Tailings Radiation Control Act 
of 1978; and
    (4) The normal application of fertilizer;
    Reportable quantity (``RQ'') means that quantity, as set forth in 
this part, the release of which requires notification pursuant to this 
part;
    United States include the several States of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, American 
Samoa, the United States Virgin Islands, the Commonwealth of the 
Northern Marianas, and any other territory or possession over which the 
United States has jurisdiction; and
    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water.

[50 FR 13474, Apr. 4, 1985, as amended at 67 FR 45321, July 9, 2002]