40 CFR 122.2 - Definitions

Cite as40 CFR 122.2
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370 practice notes
  • Environmental Protection Agency,
    • United States
    • Federal Register January 22, 2001
    • January 22, 2001
    ...waste stream. (w)(1) New source means any facility or activity of this subcategory that meets the definition of ``new source'' under 40 CFR 122.2 and meets the criteria for determination of new sources under 40 CFR 122.29(b) applied consistently with all of the following (i) Water area as u......
  • Water pollution control: National Pollutant Discharge Elimination System— Cooling water intake structures at Phase III facilities; requirements,
    • United States
    • Federal Register November 24, 2004
    • November 24, 2004
    ...to be covered by today's proposed rule, a new offshore oil and gas extraction facility would have to be a new source or new discharger per 40 CFR 122.2 and 122.29, a greenfield or [[Page 68453]] facility, and use either a newly constructed cooling water intake structure, or an existing cool......
  • Part II
    • United States
    • Federal Register October 14, 2005
    • October 14, 2005
    ...once they enter a wastestream. Although the General Pretreatment Regulations have not previously defined BMPs, the NPDES regulations at 40 CFR 122.2 define BMPs as schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce......
  • Water pollution; effluent guidelines for point source categories: Publicly owned treatment works,
    • United States
    • Federal Register July 22, 1999
    • July 22, 1999
    ...limits that regulate the pollutants in a wastestream. Although the Pretreatment Regulations do not define BMPs, the NPDES regulations at 40 CFR 122.2 define BMPs as schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduc......
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204 cases
  • Decker v. Nw. Envtl. Def. Ctr., Nos. 11–338
    • United States
    • U.S. Supreme Court
    • March 20, 2013
    ...activity” uses the word “facilities”—cuts the other way: EPA regulations define “facility” to include “any ... ‘point source.’ ” 40 C.F.R. § 122.2; see, e.g.,§ 122.26(b)(14)(iii) (referring to mines as “facilities”). The agency also assures us that its intent (Brief for United States as Ami......
  • Puget Soundkeeper Alliance v. Cruise Terminals of Am., LLC, CASE NO. C14-0476 JCC
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Western District of Washington)
    • November 20, 2015
    ...at 10.4 "Owner or operator means the owner or operator of any ‘facility of activity’ subject to regulation under the NPDES program." 40 C.F.R. § 122.2.5 In addition, non-cruise ships berth at Pier 66 year-round. (Dkt. No. 72–3 at 15.)6 In Soundkeeper's notice letter to the Port, it also all......
  • Sierra Club v. El Paso Gold Mines, Inc., No. 03-1105.
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • August 24, 2005
    ...lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works." 40 C.F.R. § 122.2 (emphasis added); see also EPA Notice, 55 Fed.Reg. 35248-01 (Aug. 28, 1990) (stating drainage from abandoned mines can be point source poll......
  • Mingo Logan Coal Co. v. U.S. Envtl. Prot. Agency, Civil Action No. 10–0541 ABJ
    • United States
    • United States District Courts. United States District Court (Columbia)
    • September 30, 2014
    ...process. Id. § 1342(d)(4). Once a section 402 permit has been issued, it may only be modified by the entity that issued the permit. 40 C.F.R. §§ 122.2, 122.62, 124.5(c). West Virginia issued Mingo Logan's section 402 permit in this case.C. Section 404.Section 404 of the CWA deals specifical......
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12 firm's commentaries
  • Controversial New Clean Water Rule Unlikely to Significantly Change Regulatory Status Quo
    • United States
    • JD Supra United States
    • May 29, 2015
    ...1980) (EPA’s definition of WOTUS), 51 Fed. Reg. 41206, 41216-17, 41232, 41250-51 (Nov. 13, 1986) (the Corps’ definition of WOTUS), with 40 C.F.R. § 122.2 (2014) (EPA’s definition of WOTUS until the new rule takes effect), 33 C.F.R. § 328.3 (2014) (the Corps’ definition of WOTUS until the ne......
  • EPA And Corps Published New Rule Establishing February 5, 2020 “Applicability Date” For 2015 Rule
    • United States
    • JD Supra United States
    • February 7, 2018
    ...§ 328.3) and Title 40 of the Code of Federal Regulations (40 C.F.R. § 110.1; 40 C.F.R. § 112.2; 40 C.F.R. § 116.3; 40 C.F.R. § 117.1; 40 C.F.R. § 122.2; 40 C.F.R. § 230.3; 40 C.F.R. § 232.2; 40 C.F.R. § 300.5 and Appendix E; 40 C.F.R. § 302.3; and finally, 40 C.F.R. § Anthony Cavender funct......
  • What’s The Point (Source)?
    • United States
    • JD Supra United States
    • March 5, 2018
    ...and 758–86 (Kennedy, K., concurring) (requiring a “significant nexus” between the wetlands and navigable waters). [6] See, e.g., 40 C.F.R. § 122.2 (EPA definition for purposes of NPDES program). See also EPA, “Definition of Waters of the United States under the Clean Water Act (February 27,......
  • EPA and Army Corps of Engineers issue proposed Clean Water Act jurisdiction rule
    • United States
    • LexBlog United States
    • April 3, 2014
    ...“adjacent,” and without addressing the status of waters that are not direct tributaries to navigable waters. See 33 C.F.R. § 328.3; 40 C.F.R. § 122.2. This incomplete regulatory definition left the jurisdictional status of any non-navigable water and many wetlands uncertain. In Rapanos, a p......
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28 books & journal articles
  • 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
    ...§116.3, EPA Designation of Hazardous Substances; 40 C.F.R. §117.1, EPA Determination of Reportable Quantities for Hazardous Substances; 40 C.F.R. §122.2, EPA NPDES Permits; 40 C.F.R. §230.3, EPA Section 404(b)(1) Guidelines for Speciication of Disposal Sites for Dredge and Fill Material; 40......
  • Navigable Waters
    • United States
    • Plain meaning, precedent, and metaphysics: interpreting the elements of the clean water act offense
    • October 24, 2017
    ...in 1948 33 and has since amended it repeatedly. 34 he FWPCA initially encouraged and provided technical and 30. 33 U.S.C. §1362(6). 31. 40 C.F.R. §122.2 (EPA); 33 C.F.R. §328.3 (Corps). 32. See Rapanos v. United States, 547 U.S. 715, 36 ELR 20116 (2006); Solid Waste Agency of N. Cook Cnty. ......
  • Point Source
    • United States
    • Plain meaning, precedent, and metaphysics: interpreting the elements of the clean water act offense
    • October 24, 2017
    ...3. CWA §§105(d)(1), 201(c), 208(b)(2)(F), 319(a) & (b); 33 U.S.C. §§1255(d)(1), 1281(c), 1288(b) (2)(F), 1239(a) & (b). 4. 40 C.F.R. §122.2. See infra in Section II, for EPA website deinitions of nonpoint source. 5. 33 U.S.C. §1316. 6. CWA §306(a)(3), 33 U.S.C. §1316(a)(3). 7. Mahelona v. H......
  • What Wetlands Are Regulated? Jurisdiction of the §404 Program
    • United States
    • Wetlands Deskbook Part I. Clean Water Act §404 Programs
    • November 11, 2009
    ...over the lake. The court stated that SWANCC addressed the Corps’ authority not EPA’s and dealt with 33 C.F.R. §328.3(a)(3), not 40 C.F.R. §122.2, upon which EPA had based its jurisdiction over the playa pre- SWANCC . Northern California River Watch v. City of Healdsburg , 2004 WL 201502 (N.......
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2 provisions

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