40 CFR 122.3 - Exclusions

Cite as40 CFR 122.3
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118 practice notes
  • Air pollutants, hazardous; national emission standards: Semi-annual agenda
    • United States
    • Federal Register October 31, 2005
    • October 31, 2005
    ...Unfunded Mandates: This action may affect State, local or tribal governments. Legal Authority: Not Yet Determined CFR Citation: 40 CFR 122.3 Legal Deadline: Abstract: EPA is working to codify its February 1, 2005, proposed rulemaking and interpretive statement entitled ``Application of Pest......
  • Air programs: state authority delegations: Semi-annual agenda
    • United States
    • Federal Register April 24, 2006
    • April 24, 2006
    ...Unfunded Mandates: This action may affect State, local or tribal governments. Legal Authority: Not Yet Determined CFR Citation: 40 CFR 122.3 Legal Deadline: Abstract: EPA is working to codify its February 1, 2005, proposed rulemaking and interpretive statement entitled ``Application of Pest......
  • National Pollutant Discharge Elimination System (NPDES): Applications and Program Updates
    • United States
    • Federal Register May 18, 2016
    • May 18, 2016
    ...EPA seeks comment on this proposed clarification of its current definition of WET. Vessels Exclusion (40 CFR 122.3(a)) EPA proposes to revise Sec. 122.3(a) to clarify which vessel discharges are excluded from the requirement to obtain NPDES The exclusion for discharges incidental to the nor......
  • Introduction to Regulatory Plan and Unified Agenda of Regulatory and Deregulatory Actions
    • United States
    • Federal Register December 10, 2007
    • December 10, 2007
    ...Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: 40 CFR 122.3 Legal This action is necessary because EPA must address a District Court ruling (currently on appeal to the U.S. Court of Appeals for the 9th Circuit)......
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70 cases
  • 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
    ...the scope of the former exclusion from NPDES permitting for discharges incidental to the normal operation of a vessel as set out in 40 C.F.R. § 122.3(a), as in effect on December 18, 2008, are ineligible for coverage under this permit." (Dkt. No. 39–3 at 11.) Section 122.3(a) previously exc......
  • National Wildlife Federation v. Gorsuch, No. 1
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • November 5, 1982
    ...with its own regulations, which define "discharge of a pollutant" to include "surface runoff which is collected or channelled by man." 40 C.F.R. Sec. 122.3 (1981). Thus, EPA regulates the channel as a point source even though pollutants merely pass through it from land to navigable water. S......
  • Natural Res. Def. Council v. U.S. Envtl. Prot. Agency, Docket Nos. 13–1745(L), 13–2393(CON), 13–2757(CON).
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • October 5, 2015
    ...also National Pollutant Discharge Elimination System; Revision of Regulations, 44 Fed.Reg. 32,854, 32,902 (June 7, 1979) (codified at 40 C.F.R. § 122.3(a)). This exemption included ballast water discharges. In 1999, the NWEA and other environmental organizations submitted a rulemaking petit......
  • West Virginia Coal Ass'n v. Reilly, Civ. A. No. 2:87-0834.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • December 28, 1989
    ...in waters of the United States (such as a disposal area in wetlands) nor resulted from the impoundment of waters of the United States. 40 C.F.R. § 122.3 (1980) (emphasis At the time this regulation was announced, EPA stated that "because the Clean Water Act was not intended to license disch......
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17 firm's commentaries
  • Emergency Exemptions From Environmental Laws Applicable To The Coronavirus Pandemic
    • United States
    • Mondaq United States
    • March 26, 2020
    ...action by the Corps of Engineers, 33 C.F.R. § 337.7; and exigent discharges of oil and hazardous substances, 33 U.S.C. § 1321(c)(2), 40 C.F.R. § 122.3(d). The Comprehensive Environmental Response, Compensation, and Liability Act also has an act of God or war defense. 42 U.S.C. §§ 9607(b)(1)......
  • Hurricane Irma Client Alert: Addressing Environmental Releases And Obligations
    • United States
    • Mondaq United States
    • October 4, 2017
    ...§ 325.2(e)(4). Exigent circumstances regarding discharges of oil and hazardous substances do not require permits. 33 U.S.C. § 1321(c); 40 C.F.R. § 122.3(d). Comprehensive Environmental Response, Compensation, and Liability Act An act of God defense. 42 U.S.C. § 9607(b)(1). Emergency removal......
  • Hurricane Harvey Client Alert: Addressing Environmental Releases And Obligations
    • United States
    • Mondaq United States
    • September 21, 2017
    ...§ 325.2(e)(4). Exigent circumstances regarding discharges of oil and hazardous substances do not require permits. 33 U.S.C. § 1321(c); 40 C.F.R. § 122.3(d). Comprehensive Environmental Response, Compensation, and Liability Act An act of God defense. 42 U.S.C. § 9607(b)(1). Emergency removal......
  • Hurricane Harvey Client Alert: Addressing Environmental Releases and Obligations
    • United States
    • JD Supra United States
    • September 8, 2017
    ...§ 325.2(e)(4). Exigent circumstances regarding discharges of oil and hazardous substances do not require permits. 33 U.S.C. § 1321(c); 40 C.F.R. § 122.3(d). Comprehensive Environmental Response, Compensation, and Liability Act An act of God defense. 42 U.S.C. § 9607(b)(1). Emergency removal......
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2 books & journal articles
  • Additions and Discharges
    • United States
    • Wetlands Law: A Course Source. Second Edition
    • June 13, 2017
    ...or fill material into waters of the United States which are regulated under section 404 of CWA” “do not require permits” from the EPA. 40 C.F.R. § 122.3. In SEACC’s view, this regulation implies that some “fill material” discharges are not regulated under § 404—else, SEACC asks, why would t......
  • 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
    ...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 regulated under section 404 ......
29 provisions
  • Air pollutants, hazardous; national emission standards: Semi-annual agenda
    • United States
    • Federal Register October 31, 2005
    • October 31, 2005
    ...Unfunded Mandates: This action may affect State, local or tribal governments. Legal Authority: Not Yet Determined CFR Citation: 40 CFR 122.3 Legal Deadline: Abstract: EPA is working to codify its February 1, 2005, proposed rulemaking and interpretive statement entitled ``Application of Pest......
  • Air programs: state authority delegations: Semi-annual agenda
    • United States
    • Federal Register April 24, 2006
    • April 24, 2006
    ...Unfunded Mandates: This action may affect State, local or tribal governments. Legal Authority: Not Yet Determined CFR Citation: 40 CFR 122.3 Legal Deadline: Abstract: EPA is working to codify its February 1, 2005, proposed rulemaking and interpretive statement entitled ``Application of Pest......
  • National Pollutant Discharge Elimination System (NPDES): Applications and Program Updates
    • United States
    • Federal Register May 18, 2016
    • May 18, 2016
    ...EPA seeks comment on this proposed clarification of its current definition of WET. Vessels Exclusion (40 CFR 122.3(a)) EPA proposes to revise Sec. 122.3(a) to clarify which vessel discharges are excluded from the requirement to obtain NPDES The exclusion for discharges incidental to the nor......
  • Introduction to Regulatory Plan and Unified Agenda of Regulatory and Deregulatory Actions
    • United States
    • Federal Register December 10, 2007
    • December 10, 2007
    ...Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: 40 CFR 122.3 Legal This action is necessary because EPA must address a District Court ruling (currently on appeal to the U.S. Court of Appeals for the 9th Circuit)......
  • Request a trial to view additional results

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