40 CFR 140.4 - Complete prohibition

Cite as40 CFR 140.4
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4 cases
  • Am. Waterways Operators v. Wheeler, Case No. 18-cv-02933 (APM)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • November 30, 2020
    ...facilities is in conformance with Federal law; and(7) Information on vessel population and vessel usage of the subject waters. 40 C.F.R. § 140.4(a). Additionally, EPA has published extensive guidance for state and local officials that are interested in establishing NDZs under Section 312(f)......
  • American Waterways v. Department Of Ecology, 51547-4-II
    • United States
    • Court of Appeals of Washington
    • March 5, 2019
    ...Before a state agency can engage in rule making of this type, the agency must secure permission from the EPA. 33 U.S.C. § 1322(f)(3) ; 40 C.F.R. § 140.4. To obtain a complete prohibition of sewage discharge from vessels, the EPA requires an application that includes a "certification that th......
  • The Am. Waterways Operators v. Regan, 18-cv-2933 (APM)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • February 14, 2022
    ...‘the draught requirements on vessels that may be excluded because of insufficient water depth adjacent to the facility.'” Id. (quoting 40 C.F.R. § 140.4(a)(5)). Properly framed, however, such factors are best viewed as aspects of facilities' locations and other attributes of the facilities ......
  • Operators v. Dep't of Ecology, 51547-4-II
    • United States
    • Court of Appeals of Washington
    • March 5, 2019
    ...Before a state agency can engage in rule making of this type, the agency must secure permission from the EPA. 33 U.S.C. § 1322(f)(3); 40 C.F.R. § 140.4. To obtain a complete prohibition of sewage discharge from vessels, the EPA requires an application that includes a "certification that the......

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