Interpretation Response #02-0107
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
May 16, 2002
Mr. Ronald J. Stokes Reference No. 02-0107
ExxonMobil Chemical Company
intermediates, Synthetics Product Stewardship
P.O. Box 3140
Edison, NJ 08818
Dear Mr. Stokes:
This is in response to your letter of April 4, 2002 requesting clarification of whether certain materials meet the definition of "oil " as that term is applied in 49 CFR part 130 to requirements for oil spill prevention and response plans.
Because the subject regulations were issued under authority of Section 311 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C. 1321), as amended by the Oil Pollution Act of 1990, we applied those requirements to all materials historically regarded as oil by the United States Coast Guard (USCG) within its own rules and regulations issued under authority of the FWPCA. Our definition of "oil " in § 130.5 is precisely the same as the definition of "oil " in 33 U.S.C. 1321(a)(1). Admittedly, that definition of "oil " is broad and of little help in answering your specific questions. Over the years, however, USCG issued guidance in the form of fists of products that are "oils" for the purpose of the FWPCA. A copy of the current list is available through the internet at http://www.uscg.mil/vrp/fag/oil.shtml. Also, a copy is enclosed for your information. If this list does not help in answering all of your questions, you may wish to contact Mr. Thomas Felleisen at 202-267-0086 for additional assistance in determining whether particular materials are regulated as oil.
I hope this information is helpful.
Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards