40 CFR 122.2 - Definitions
| Cite as | 40 CFR 122.2 |
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308 practice notes
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Part II
...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......
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Water pollution control: Program regulations streamlining; Round Two,
...is organized as follows: Background II. Revisions Revisions to Part 122 Purpose and Scope (40 CFR 122.1) NPDES Program Definitions (40 CFR 122.2, New Sources/New Dischargers (40 CFR 122.4, 124.56) EPA Application Forms (40 CFR 122.1(d)(1), 122.21(a), 122.21(d), 122.26(c)(1)) Effluent Charac......
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National Pollutant Discharge Elimination System (NPDES): Applications and Program Updates
...1200 Pennsylvania Avenue NW., Washington, DC 20460 and by visiting the homepage at http://www.epa.gov/npdes.'' NPDES Program Definitions (40 CFR 122.2) (a) Pesticide Applications to Waters of the United EPA proposes to add a definition of ``pesticide applications to waters of the United Sta......
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Part II
...of the United States.'' Waters of the United States include the broad range of surface waters that meet the regulatory definition at 40 CFR 122.2, which includes lakes, ponds, reservoirs, nontidal rivers or streams, tidal rivers, estuaries, fjords, oceans, bays, and coves. These potential s......
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167 cases
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In re Appalachian Fuels, LLC, 041913 FED06BC, 12-8026
...or operator" as "the owner or operator of any 'facility or activity' subject to regulation under the NPDES program." 40 C.F.R. § 122.2. Although the WVWPCA is slightly more specific about who is liable for permit violations, it still identifies the liable party as a "per......
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Maryland Department of Environment v. Anacostia Riverkeeper, 031116 MDCA, 42
...maintenance procedures, and other management practices to prevent or reduce the pollution of 'waters of the United States.'" 40 C.F.R. § 122.2; cf. Natural Res. Def. Council, Inc. v. EPA, 808 F.3d 556, 579 (2d Cir. 2015) ("But EPA's narrative WQBEL [water-quality based effluent li......
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238 P.3d 1201 (Wash.App. Div. 2 2010), 39691-2-II, Pacific Topsoils, Inc. v. The Washington State Dept. of Ecology
...of the United States" as including " [a]ll interstate waters including interstate wetlands." 33 C.F.R. § 328.3(a)(2); 40 C.F.R. § 122.2(b). Thus, the DOE's water quality standards, like the Corps' and EPA's regulations, identify wetlands as " waters of the state" or......
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Pacific Topsoils, Inc. v. The Washington States Dept. of Ecology, 110910 WACA, 39691-2-II
...of the United States" as including "[a]ll interstate waters including interstate wetlands." 33 C.F.R. § 328.3(a)(2); 40 C.F.R. § 122.2(b). Thus, the DOE's water quality standards, like the Corps' and EPA's regulations, identify wetlands as "waters of the state" or &......
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13 firm's commentaries
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Controversial New Clean Water Rule Unlikely to Significantly Change Regulatory Status Quo
...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......
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EPA And Corps Published New Rule Establishing February 5, 2020 “Applicability Date” For 2015 Rule
...§ 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......
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What’s The Point (Source)?
...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,......
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Obama Administration Releases Proposed Rule on "Waters of the United States"
...commerce, impoundments of waters of the United States, tributaries, the territorial seas, and adjacent wetlands." 33 CFR 328.3; 40 CFR 122.2. 9 531 U.S. 159 10 Rapanos, 547 U.S. 715, 739 (2006). 11...
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6 books & journal articles
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Successful Agriculture and Clean Water?: A Workable Path Forward for Regulating Drainage Districts as Point Sources Under the Clean Water Act
...stormwater.”215 The CWA and the EPA do not specifically define agricultural stormwater discharge. However, discharge is defined in 40 C.F.R. 122.2 as “discharge of a pollutant,” while stormwater is defined as “storm water runoff, snow melt 206. 33 U.S.C. § 1362(14) (“This term does not incl......
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Integrating Green Infrastructure Into Stormwater Policy: Reliability, Watershed Management, and Environmental Psychology as Holistic Tools for Success.
...but (iii) are not "a combined sewer"; nor (iv) "part of a Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. 122.2"). (19.) 1,000 Rain Gardens, City of Madison, https://www.cityofmadison.com/engineering/stormwater/raingardens/1000raingardens.cfm (20.) Green Ci......
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Issuing Violations Without Tangible Evidence: Computer Modeling for Clean Water Act Enforcement
...equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water." 33 U.S.C. § 1362(6); 40 C.F.R. § 122.2 (2000). [32] 33 U.S.C. § 1342(a)(1); see History of the Act, supra note 2 (noting other amendments to the Act, including the creation of ......
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Regulatory Deficiencies in Wastewater Infrastructure in Rural Appalachia
...64% of water quality testing sites in the Red Bird River Watershed in Kentucky “exceeded the EPA threshold for Escherichia coli”). 7 40 C.F.R. §122.2 (2017) (“Point source means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunne......
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120 provisions
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Definition of “Waters of the United States” Under the Clean Water Act
...SWANCC and Rapanos, the scope of regulatory jurisdiction in this proposed rule is narrower than that under the existing regulations. See 40 CFR 122.2 (defining ``waters of the United States''). The rule does not affect longstanding permitting exemptions in the CWA for farming, silviculture,......
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Part III
...source' or any other facility * * * (including land or appurtenances thereto) that is subject to regulation under the NPDES program.'' 40 CFR 122.2. Based on the WQA of 1987, EPA promulgated the Phase I and Phase II stormwater regulations which required NPDES permits for stormwater discharg......
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Part II
...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......
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Clean Water Rule: Definition of “Waters of the United States”
...agriculture, or the status of water transfers. CWA section 402(l)(1); CWA section 402(l)(2); CWA section 502(14); 40 CFR 122.3(f); 40 CFR 122.2. Finally, even where waters are covered by the CWA, the agencies have adopted many streamlined regulatory requirements to simplify and expedite com......
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