Q463. Are sites in south Louisiana located within the State boundaries in lakes, bays, and bayous (not in Federal waters but subject to the ebb and flow of the tide) considered to be seaward of the terrestrial border and thus offshore?

A463. The definition of "offshore" in 40 CFR 98.238 includes "waters subject to the ebb and flow of the tide," therefore, sites located in lakes, bays, etc. that are subject to the ebb and flow of the tide are considered offshore, provided that the sites are not located on islands, artificial islands, or structures connected by a causeway to land, an island, or an artificial island.