40 CFR 122.2 - Definitions
| Cite as | 40 CFR 122.2 |
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371 practice notes
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Environmental Protection Agency,
...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......
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Water pollution control:
National Pollutant Discharge Elimination System
Cooling water intake structures at Phase III facilities; requirements,
...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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Part II
...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......
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Water pollution; effluent guidelines for point source categories: Publicly owned treatment works,
...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
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Decker v. Nw. Envtl. Def. Ctr., Nos. 11–338
...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......
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Puget Soundkeeper Alliance v. Cruise Terminals of Am., LLC, CASE NO. C14-0476 JCC
..."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 a......
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Sierra Club v. El Paso Gold Mines, Inc., No. 03-1105.
...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......
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Mingo Logan Coal Co. v. U.S. Envtl. Prot. Agency, Civil Action No. 10–0541 ABJ
...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
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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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EPA and Army Corps of Engineers issue proposed Clean Water Act jurisdiction rule
...“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
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U.S. Environmental Protection Agency & U.S. Army Corps of Engineers Proposed Rulemaking: Definition of 'Waters of the United States' Under the Clean Water Act (Introduction and Legal Analysis), 79 Fed. Reg. 22188 (Apr. 21, 2014)
...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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Waters of the United States' and the Agricultural Production Sector: Sweeping Change or More of the Same?
...§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......
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What Wetlands Are Regulated? Jurisdiction of the §404 Program
...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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Addition
...the deaths. If A had never installed the culvert and B had poured poison in the spring low, the same deaths would have occurred. 11. See 40 C.F.R. §122.2, which deines “discharge of a pollutant” not to include additions from “indirect sources,” which it, in turn, deines as sources adding no......
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4 provisions
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Act 439, SB 355 – AMEND SECTIONS 11-89C-1,2,4,9 & 10 RELATING TO THE EPA'S MUNICIPAL SEPARATE STORM SEWER SYS PROGRAM
...storm water; "(iii) Which is not a combined sewer; and "(iv) Which is not part of a publicly owned treatment works as defined in 40 C.F.R. 122.2. "(5) (8) PUBLIC CORPORATION. Any public corporation created pursuant to this "(9) RESIDENTIAL PROPERTY. Any single-family owner-occupied resident......
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Act 91, HB 5003 – Environmental protection: funding; certain fees; extend sunset. Amends secs. 3104, 3110, 3118, 3120, 4104, 11135, 11153, 30104, 30109, 32312 & 32513 of 1994 PA 451 (MCL 324.3104 et seq.)
...means a facility whose discharge is solely a combined sewer overflow. (e) "EPA major facility" means a major facility as defined in 40 CFR 122.2. (f) "EPA minor facility" means a facility that is not an EPA major (g) "Farmers' cooperative corporation" means a farmers' cooperative corporatio......
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Act 439, SB 355 – AMEND SECTIONS 11-89C-1,2,4,9 & 10 RELATING TO THE EPA'S MUNICIPAL SEPARATE STORM SEWER SYS PROGRAM
...storm water; "(iii) Which is not a combined sewer; and "(iv) Which is not part of a publicly owned treatment works as defined in 40 C.F.R. 122.2. "(5) (8) PUBLIC CORPORATION. Any public corporation created pursuant to this "(9) RESIDENTIAL PROPERTY. Any single-family owner-occupied resident......
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Act 84, SB 447 – Environmental protection; permits; surface water and stormwater discharge, shoreland, bottomland, and inland lakes and streams fees; extend sunsets. Amends secs. 3118 & 3120 of 1994 PA 451 (MCL 324.3118 & 324.3120)
...means a facility whose discharge is solely a combined sewer overflow. (e) "EPA major facility" means a major facility as defined in 40 CFR 122.2. (f) "EPA minor facility" means a facility that is not an EPA major (g) "Farmers' cooperative corporation" means a farmers' cooperative corporatio......