40 CFR 21.2 - Definitions.
(a) Small business concern means a concern defined by section 2 of the Small Business Act, 15 U.S.C. 632, 13 CFR part 121, and regulations of the Small Business Administration promulgated thereunder.
(b) For purposes of paragraph 7(g)(2) of the Small Business Act, necessary and adequate refers to additions, alterations, or methods of operation in the absence of which a small business concern could not comply with one or more applicable standards. This can be determined with reference to design specifications provided by manufacturers, suppliers, or consulting engineers; including, without limitations, additions, alterations, or methods of operation the design specifications of which will provide a measure of treatment or abatement of pollution in excess of that required by the applicable standard.
(c) Applicable Standard means any requirement, not subject to an exception under § 21.6, relating to the quality of water containing or potentially containing pollutants, if such requirement is imposed by:
(5) Any requirements necessary to comply with an areawide management plan approved pursuant to section 208(b) of the Act;
(6) Any requirements necessary to comply with a facilities plan developed under section 201 of the Act (see 35 CFR, subpart E);
(7) Any State regulations or laws controlling the disposal of aqueous pollutants that may affect groundwater.
(d) Regional Administrator means the Regional Administrator of EPA for the region including the State in which the facility or method of operation is located, or his designee.
(e) Act means the Federal Water Pollution Control Act, 33 U.S.C. 1151, et seq.
(f) Pollutant means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. For the purposes of this section, the term also means sewage from vessels within the meaning of section 312 of the Act.
(g) Permit means any permit issued by either EPA or a State under the authority of section 402 of the Act; or by the Corps of Engineers under section 404 of the Act.
(h) State means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.
Comment: As the SBA does not extend its programs to the Canal Zone, the listing of the Canal Zone as a State for the purposes of meeting a requirement imposed by section 311 or 312 of the Act is not effective in this regulation.
(k) Construction means the erection, building, acquisition, alteration, remodeling, modification, improvement, or extension of any facility; Provided, That it does not mean preparation or undertaking of: Plans to determine feasibility; engineering, architectural, legal, fiscal, or economic investigations or studies; surveys, designs, plans, writings, drawings, specifications or procedures.
Comment: This provision would not later preclude SBA financial assistance being utilized for any planning or design effort conducted previous to construction.
(m) The term methods of operation means the installation, emplacement, or introduction of materials, including those involved in construction, to achieve a process or procedure to control: Surface water pollution from non-point sources—that is, agricultural, forest practices, mining, construction; ground or surface water pollution from well, subsurface, or surface disposal operations; activities resulting in salt water intrusion; or changes in the movement, flow, or circulation of navigable or ground waters.
(n) The term vessel means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters of the United States other than a vessel owned or operated by the United States or a State or a political subdivision thereof, or a foreign nation; and is used for commercial purposes by a small business concern.
(q) Areawide agency means an areawide management agency designated under section 208(c)(1) of the Act.
Title 40 published on 2013-07-01
no entries appear in the Federal Register after this date.