40 CFR 122.3 - Exclusions
| Cite as | 40 CFR 122.3 |
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131 practice notes
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Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions
...may discharge pollutants to waters of the United States subject to the terms and conditions of an NPDES permit. With very few exceptions (40 CFR 122.3), point sources require NPDES permit authorization to discharge, including both municipal and industrial discharges. NPDES permit authorizat......
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Air programs: state authority delegations: Semi-annual agenda
...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......
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National Pollutant Discharge Elimination System (NPDES): Applications and Program Updates
...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......
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Air pollutants, hazardous; national emission standards: Semi-annual agenda
...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......
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69 cases
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West Virginia Coal Ass'n v. Reilly, Civ. A. No. 2:87-0834.
...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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North Carolina Growers Ass'n v. Holly Ridge Assoc., No. 7:01-CV-36-BO(3).
...from NPDES permitting requirements because they are covered by an EPA regulation regarding silvacultural activities. This regulation, 40 C.F.R. § 122.3(e), provides that "[a]ny introduction of pollutants from non-point source agricultural and silvacultural activities, including storm water ......
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Natural Res. Def. Council v. U.S. Envtl. Prot. Agency, Docket Nos. 13–1745(L)
...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......
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Coeur Alaska, Inc. v. Se. Alaska Conservation Council, Nos. 07–984
...providing that “[d]ischarges of ... fill material ... which are regulated under section 404” “do not require [EPA § 402] permits.” 40 CFR § 122.3. The agencies have interpreted this regulation to essentially restate § 402's text, ibid., and the EPA has confirmed that reading before this Cou......
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17 firm's commentaries
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Emergency Exemptions From Environmental Laws Applicable To The Coronavirus Pandemic
...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)......
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Hurricane Irma Client Alert: Addressing Environmental Releases And Obligations
...§ 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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Hurricane Harvey Client Alert: Addressing Environmental Releases And Obligations
...§ 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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Hurricane Harvey Client Alert: Addressing Environmental Releases and Obligations
...§ 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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15 books & journal articles
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Additions and Discharges
...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......
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Waters of the United States' and the Agricultural Production Sector: Sweeping Change or More of the Same?
...return lows from irrigated agriculture, and water transfers. hese are respectively housed in CWA §§402(l)(1), 402(l)(2), 502(14), 40 C.F.R. 122.3(f), and 40 C.F.R. 122.2.). 49. See Farm Bureau, Time , supra note 7: In releasing the new “waters of the U.S.” proposed rule, EPA (the lead agenc......
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Pesticides, Water Quality, and the Public Trust Doctrine
...v. U.S. EPA, 553 F.3d 927, 931–32, 39 ELR 20006 (6th Cir. 2009), reh’g denied (2009), cert. denied , 130 S. Ct. 1505 (2010) ( citing 40 C.F.R. §122.3(h)). 45 ELR 10938 ENVIRONMENTAL LAW REPORTER 10-2015 Copyright © 2015 Environmental Law Institute®, Washington, DC. Reprinted with permission......
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Permits and state permit programs
...water transfers, in 2008, the EPA promulgated a rule exempting inter-basin water transfers from the NPDES program altogether. See 40 C.F.R. § 122.3(i). he validity of this regulation is currently being challenged by several states and environmental groups, including, the Pace Environmental ......
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