Title 40 published on 2012-07-01
The following are only the Rules published in the Federal Register after the published date of Title 40.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.
The EPA is revising its Phase I stormwater regulations to clarify that stormwater discharges from logging roads do not constitute stormwater discharges associated with industrial activity and that a National Pollutant Discharge Elimination System (NPDES) permit is not required for these stormwater discharges.
The EPA is amending its regulations to eliminate the requirement that an owner or operator of a Concentrated Animal Feeding Operation (CAFO) that “proposes to discharge” must apply for a National Pollutant Discharge Elimination System (NPDES) Permit. This rulemaking also removes the voluntary certification option for unpermitted CAFOs because removal of the “propose to discharge” requirement renders the certification option unnecessary. Its purpose had been to allow CAFO owners and operators to certify that they were not violating the requirement that owners or operators of CAFOs that propose to discharge must seek permit coverage. Both of these provisions were included in the EPA's rulemaking entitled “Revised National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitations Guidelines for Concentrated Animal Feeding Operations in Response to the Waterkeeper Decision,” (the 2008 CAFO Rule).
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
§ 1251 - Congressional declaration of goals and policy
§ 1252 - Comprehensive programs for water pollution control
§ 1252a - Reservoir projects, water storage; modification; storage for other than for water quality, opinion of Federal agency, committee resolutions of approval; provisions inapplicable...certain prescribed water quality benefits in relation to to
§ 1253 - Interstate cooperation and uniform laws
§ 1254 - Research, investigations, training, and information
§ 1254a - Research on effects of pollutants
§ 1255 - Grants for research and development
§ 1256 - Grants for pollution control programs
§ 1257 - Mine water pollution control demonstrations
§ 1257a - State demonstration programs for cleanup of abandoned mines for use as waste disposal sites; authorization of appropriations
§ 1258 - Pollution control in the Great Lakes
§ 1259 - Training grants and contracts
§ 1260 - Applications; allocation
§ 1261 - Scholarships
§ 1262 - Definitions and authorizations
§ 1263 - Alaska village demonstration projects
§ 1263a - Grants to Alaska to improve sanitation in rural and Native villages
§ 1264 - Omitted
§ 1265 - In-place toxic pollutants
§ 1266 - Hudson River reclamation demonstration project
§ 1267 - Chesapeake Bay
§ 1268 - Great Lakes
§ 1269 - Long Island Sound
§ 1270 - Lake Champlain Basin Program
§ 1271 - Sediment survey and monitoring
§ 1271a - Research and development program
§ 1272 - Environmental dredging
§ 1273 - Lake Pontchartrain Basin
§ 1274 - Wet weather watershed pilot projects
§ 7401 - Congressional findings and declaration of purpose
§ 7402 - Cooperative activities
§ 7403 - Research, investigation, training, and other activities
§ 7404 - Research relating to fuels and vehicles
§ 7405 - Grants for support of air pollution planning and control programs
§ 7406 - Interstate air quality agencies; program cost limitations
§ 7407 - Air quality control regions
§ 7408 - Air quality criteria and control techniques
§ 7409 - National primary and secondary ambient air quality standards
§ 7410 - State implementation plans for national primary and secondary ambient air quality standards
§ 7411 - Standards of performance for new stationary sources
§ 7412 - Hazardous air pollutants
§ 7413 - Federal enforcement
§ 7414 - Recordkeeping, inspections, monitoring, and entry
§ 7415 - International air pollution
§ 7416 - Retention of State authority
§ 7417 - Advisory committees
§ 7418 - Control of pollution from Federal facilities
§ 7419 - Primary nonferrous smelter orders
§ 7420 - Noncompliance penalty
§ 7421 - Consultation
§ 7422 - Listing of certain unregulated pollutants
§ 7423 - Stack heights
§ 7424 - Assurance of adequacy of State plans
§ 7425 - Measures to prevent economic disruption or unemployment
§ 7426 - Interstate pollution abatement
§ 7427 - Public notification
§ 7428 - State boards
§ 7429 - Solid waste combustion
§ 7430 - Emission factors
§ 7431 - Land use authority
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR 122 after this date.
On October 31, 2012 the EPA published a request for comments on a Regulatory Flexibility Act section 610 review titled, Section 610 Review of NPDES Permit Regulation and Effluent Limitations Guidelines Standards for Concentrated Animal Feeding Operations (CAFOs). As initially published in the Federal Register , written comments were to be submitted to the EPA on or before December 31, 2012 (a 60-day public comment period). Since publication, the EPA has received a request for additional time to submit comments. Therefore, the EPA is extending the public comment period for 60 days until March 1, 2013.
This notice announces that EPA will review three regulatory actions pursuant to section 610 of the Regulatory Flexibility Act. Those three actions are: Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur Control Requirements (Heavy-Duty 610 Review); NESHAP: Reinforced Plastic Composites Production (Plastics 610 Review); and NPDES Permit Regulation and Effluent Limitations Guidelines Standards for CAFOs (CAFO 610 Review). As part of this review, EPA will consider and solicit comments on the following factors: The continued need for the rules; the nature of complaints or comments received concerning the rules; the complexity of the rules; the extent to which the rules overlap, duplicate, or conflict with other Federal, State, or local government rules; and the degree to which the technology, economic conditions or other factors have changed in areas affected by the rules.
The EPA is proposing revisions to its Phase I stormwater regulations to clarify that stormwater discharges from logging roads do not constitute stormwater discharges associated with industrial activity and that a National Pollutant Discharge Elimination System (NPDES) permit is not required for these stormwater discharges.
On October 21, 2011, the EPA proposed a rulemaking to improve and restore water quality by collecting certain information about concentrated animal feeding operations (CAFOs). The EPA also solicited comments on improving water quality by promoting environmental stewardship and compliance rather than collecting facility-specific information. The EPA is withdrawing the proposal to collect CAFO information by rule. Instead, the EPA, where appropriate, will collect CAFO information using existing sources of information, including state NPDES programs, other regulations, and other programs at the federal, state, and local level. The EPA believes, at this time, it is more appropriate to obtain CAFO information by working with federal, state, and local partners instead of requiring CAFO information to be submitted pursuant to a rule. Today's withdrawal does not preclude the Agency from initiating the same or similar rulemaking at a future date.