40 CFR 122.2 - Definitions

Cite as40 CFR 122.2
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346 practice notes
  • Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category
    • United States
    • Federal Register June 07, 2013
    • June 7, 2013
    ...option, as presented in this notice, are provided as ``daily maximums'' and ``maximums for monthly averages.'' Definitions provided in 40 CFR 122.2 state that the daily maximum limitation is the ``highest allowable `daily discharge,''' and the maximum for monthly average limitation is the `......
  • Environmental Protection Agency,
    • United States
    • Federal Register December 18, 2001
    • December 18, 2001
    ...Facility? A new facility subject to this regulation is any facility that meets the definition of ``new source'' or ``new discharger'' in 40 CFR 122.2 and 122.29(b)(1), (2), and (4); commences construction after January 17, 2002; and uses either a newly constructed cooling water intake struc......
  • Part II
    • 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......
  • Water pollution control: National Pollutant Discharge Elimination System— Cooling water intake structures at Phase II existing facilities; requirements,
    • United States
    • Federal Register July 09, 2004
    • July 9, 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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201 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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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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7 books & journal articles
  • Successful Agriculture and Clean Water?: A Workable Path Forward for Regulating Drainage Districts as Point Sources Under the Clean Water Act
    • United States
    • Iowa Law Review Nbr. 103-3, March 2018
    • March 1, 2018
    ...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......
  • Won't You Be My Neighbor?' Living with Concentrated Animal Feeding Operations
    • United States
    • Iowa Law Review Nbr. 99-1, November 2013
    • November 1, 2013
    ...broilers, if the AFO uses a liquid manure handling system.” Id. § 122.23(b)(6)(i)(D), (I). 18. See Braunig, supra note 2, at 1509. 19 . 40 C.F.R. § 122.2. 20 . Braunig, supra note 2, at 1509. 21 . Poll-Klaessy, supra note 3, at 109. 22 . Id. (“Improper or excessive land application is the m......
  • Issuing Violations Without Tangible Evidence: Computer Modeling for Clean Water Act Enforcement
    • United States
    • Iowa Law Review Nbr. 95-3, March 2010
    • March 1, 2010
    ...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 a str......
  • Domestic Ocean And Coastal Resource Law And Policy And Climate Change
    • United States
    • Sustainable Development Law & Policy Nbr. VIII-2, January 2008
    • January 1, 2008
    ...the Clean Water Act Provide, 9 chap. l. Rev. 313, 318-19 (2006). See 33 U.S.C. §§ 1251-1276 (2000). See 16 U.S.C. §§ 1451-1464 (2000). 40 C.F.R. Part 122.2 (2007); 40 CFR Part 122.3(b)(2007)(excluding "[d] ischarges of dredged or fill material into waters of the United States which are regu......
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122 provisions

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