40 CFR 122.2 - Definitions

Cite as40 CFR 122.2
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308 practice notes
  • Part II
    • United States
    • Federal Register November 24, 2004
    • November 1, 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......
  • Water pollution control: Program regulations streamlining; Round Two,
    • United States
    • Federal Register May 15, 2000
    • March 10, 2000
    ...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......
  • National Pollutant Discharge Elimination System (NPDES): Applications and Program Updates
    • United States
    • Federal Register May 18, 2016
    • May 18, 2016
    ...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......
  • Part II
    • United States
    • Federal Register July 09, 2004
    • February 16, 2004
    ...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
  • In re Appalachian Fuels, LLC, 041913 FED06BC, 12-8026
    • United States
    • Federal Cases United States Bankruptcy Courts Sixth Circuit
    • April 19, 2013
    ...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......
  • Maryland Department of Environment v. Anacostia Riverkeeper, 031116 MDCA, 42
    • United States
    • Maryland Court of Appeal of Maryland (US)
    • March 11, 2016
    ...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......
  • 238 P.3d 1201 (Wash.App. Div. 2 2010), 39691-2-II, Pacific Topsoils, Inc. v. The Washington State Dept. of Ecology
    • United States
    • Washington Court of Appeals of Washington
    • August 24, 2010
    ...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......
  • Pacific Topsoils, Inc. v. The Washington States Dept. of Ecology, 110910 WACA, 39691-2-II
    • United States
    • Washington Court of Appeals of Washington
    • November 9, 2010
    ...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
  • 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,......
  • Obama Administration Releases Proposed Rule on "Waters of the United States"
    • United States
    • JD Supra United States
    • April 7, 2014
    ...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
120 provisions
  • Definition of “Waters of the United States” Under the Clean Water Act
    • United States
    • Federal Register April 21, 2014
    • April 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,......
  • Part III
    • United States
    • Federal Register December 01, 2009
    • November 23, 2009
    ...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......
  • Part II
    • United States
    • Federal Register November 24, 2004
    • November 1, 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......
  • Clean Water Rule: Definition of “Waters of the United States”
    • United States
    • Federal Register June 29, 2015
    • June 29, 2015
    ...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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