40 CFR 110.1 - Definitions

Cite as40 CFR 110.1
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19 practice notes
  • Practice and procedure: Territorial seas, navigable waters, and jurisdiction; definitions,
    • United States
    • Federal Register July 18, 2003
    • July 18, 2003
    ...that our proposed definition of ``navigable waters'' differed from the U.S. Environmental Protection Agency's (EPA's) definition in 40 CFR part 110 (specifically in 40 CFR 110.1) and that with respect to the Federal Water Pollution Control Act Amendments, known as the Clean Water Act, EPA h......
  • Definition of “Waters of the United States” Under the Clean Water Act
    • United States
    • Federal Register April 21, 2014
    • April 21, 2014
    ...seas, and adjacent wetlands. 33 CFR 328.3; 40 CFR 230.3(s). Counterpart and substantively similar regulatory definitions appear at 40 CFR 110.1, 112.2, 116.3, 117.1, 122.2, 232.2, 300.5, part 300 App. E, 302.3 and The current regulatory definition of ``waters of the United States'' provides......
  • The Navigable Waters Protection Rule: Definition of “Waters of the United States”
    • United States
    • Army, Corps Of Engineers Department
    • Invalid date
    ...throughout this notice at 33 CFR 328.3. The EPA's codification of the definition of ``waters of the United States'' is found at 40 CFR 110.1, 112.2, 116.3, 117.1, 122.2, 230.3, 232.2, 300.5, 302.3, 401.11, and Appendix E to Part 300. This final rule also codifies the definition of ``waters ......
  • Navigable Waters
    • United States
    • Plain meaning, precedent, and metaphysics: interpreting the elements of the clean water act offense
    • October 24, 2017
    ...its 40 C.F.R. §230.3 deinition applies to the §404 permit program. Other EPA deinitions of the waters of the United States appear at 40 C.F.R. §§110.1, 112.2, 116.3, 117.1, 232.2, 300.5, 302.2, and 401.11. he Corps’ 33 C.F.R. §328 deinition applies to the §404 permit program and its 33 C.F.......
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5 cases
  • Rice v. Harken Exploration Co., Civ.A.No. 2:97CV00402.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Northern District of Texas
    • September 30, 1999
    ...that waste treatment systems (other than cooling ponds meeting the criteria of this paragraph) are not waters of the United States. 40 C.F.R. § 110.1 (emphasis The definition found in the OPA regulations defines navigable waters simply as "waters of the United States, including the territor......
  • Pickens v. Kanawha River Towing, No. C-1-93-790.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • January 23, 1996
    ...description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water...." 40 C.F.R. § 110.1. The regulations specifically exclude discharges of oil from engines, "but discharges of such oil accumulated in a vessel's bilges shall not......
  • U.S. v. Kennebec Log Driving Co., No. 75--1357
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • February 18, 1976
    ...regulations under the Federal Water Pollution Control Act, 33 U.S.C. § 1321(b)(3) as amended, relating to the discharge of oil, 40 C.F.R. §§ 110.1--110.9 (1975), illustrates the detail and scope of the necessary provisions. 2 When we confront the clear, cold reality of describing what we wo......
  • United States v. Egan Marine Corp., Case No. 08 C 3160
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • October 12, 2011
    .... . . [into] the navigable waters of the United States . . . in such quantities as may be harmful[.]" 33 U.S.C. § 1321(b)(3). See also 40 C.F.R. § 110.1 et seq. (interpreting "harmful" quantity). Under 33 U.S.C. § 1321(b)(7)(D), where an unlawful discharge of oil "was the result of gross ne......
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3 firm's commentaries
5 books & journal articles
  • Navigable Waters
    • United States
    • Plain meaning, precedent, and metaphysics: interpreting the elements of the clean water act offense
    • October 24, 2017
    ...its 40 C.F.R. §230.3 deinition applies to the §404 permit program. Other EPA deinitions of the waters of the United States appear at 40 C.F.R. §§110.1, 112.2, 116.3, 117.1, 232.2, 300.5, 302.2, and 401.11. he Corps’ 33 C.F.R. §328 deinition applies to the §404 permit program and its 33 C.F.......
  • Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Navigble Waters' Element of the Clean Water Act Offense
    • United States
    • Environmental Law Reporter Nbr. 45-6, June 2015
    • June 1, 2015
    ...with identical or substantially identical deinitions of navigable waters or waters of the United States. See 33 C.F.R. §328.3, 40 C.F.R. §§110.1, 112.2, 116.3, 117.9(i), 122.2, 230.3(s) & (t), 232.2, 300.5, 300 Appendix E to Part 300, 3.2.3 and 401.11, 79 Fed. Reg. 22188, 22262-74. Referenc......
  • Waters of the United States' and the Agricultural Production Sector: Sweeping Change or More of the Same?
    • United States
    • Environmental Law Reporter Nbr. 46-9, September 2016
    • September 1, 2016
    ...Army Corps Deinition of Waters of the United States (which would apply to dredge and ill permits under 33 C.F.R. ch. II, pt. 323); 40 C.F.R. §110.1, EPA Discharge of Oil; 40 C.F.R. §112.1, EPA Oil Pollution Prevention; 40 C.F.R. §116.3, EPA Designation of Hazardous Substances; 40 C.F.R. §11......
  • Waters Protected by the Clean Water Act: Cutting Through the Rhetoric on the Proposed Rule
    • United States
    • Environmental Law Reporter Nbr. 44-7, July 2014
    • July 1, 2014
    ...program). EPA has also deined “waters of the United States” or “navigable waters” for purposes of the other CWA regulatory programs at 40 C.F.R. §110.1 (discharges of oil) (“navigable waters”); 40 C.F.R. §112.2 (oil pollution prevention) (“navigable waters”); 40 C.F.R. §116.3 (hazardous sub......
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