40 CFR 401.11 - General definitions.

§ 401.11 General definitions.
For the purposes of parts 402 through 699 of this subchapter:
(a) The term Act means the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.,86 Stat. 816, Pub. L. 92-500.
(b) The term Administrator means the Administrator of the United States Environmental Protection Agency.
(c) The term Environmental Protection Agency means the United States Environmental Protection Agency.
(d) The term point source means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.
(e) The term new source means any building, structure, facility or installation from which there is or may be the discharge of pollutants, the construction of which is commenced after the publication of proposed regulations prescribing a standard of performance under section 306 of the Act which will be applicable to such source if such standard is thereafter promulgated in accordance with section 306 of the Act.
(f) The term 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. It does not mean (1) sewage from vessels or (2) water, gas or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well, used either to facilitate production or for disposal purposes, is approved by authority of the State in which the well is located, and if such State determines that such injection or disposal will not result in degradation of ground or surface water resources.
(g) The term pollution means the man-made or man induced alteration of the chemical, physical, biological and radiological integrity of water.
(h) The term discharge of pollutant(s) means: (1) The addition of any pollutant to navigable waters from any point source and (2) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source, other than from a vessel or other floating craft. The term “discharge” includes either the discharge of a single pollutant or the discharge of multiple pollutants.
(i) The term effluent limitation means any restriction established by the Administrator on quantities, rates, and concentrations of chemical, physical, biological and other constituents which are discharged from point sources, other than new sources, into navigable waters, the waters of the contiguous zone or the ocean.
(j) The term effluent limitations guidelines means any effluent limitations guidelines issued by the Administrator pursuant to section 304(b) of the Act.
(k) The term standard of performance means any restriction established by the Administrator pursuant to section 306 of the Act on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are or may be discharged from new sources into navigable waters, the waters of the contiguous zone or the ocean.
(l) The term navigable waters includes: All navigable waters of the United States; tributaries of navigable waters of the United States; interstate waters; intrastate lakes, rivers, and streams which are utilized by interstate travelers for recreational or other purposes; intrastate lakes, rivers, and streams from which fish or shellfish are taken and sold in interstate commerce; and intrastate lakes, rivers, and streams which are utilized for industrial purposes by industries in interstate commerce. Navigable waters do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA.
(m) The terms state water pollution control agency, interstate agency, State, municipality, person, territorial seas, contiguous zone, biological monitoring, schedule of compliance, and industrial user shall be defined in accordance with section 502 of the Act unless the context otherwise requires.
(n) The term noncontract cooling water means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.
(o) The term noncontact cooling water pollutants means pollutants present in noncontact cooling waters.
(p) The term blowdown means the minimum discharge of recirculating water for the purpose of discharging materials contained in the water, the further buildup of which would cause concentration in amounts exceeding limits established by best engineering practice.
(q) The term process waste water means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.
(r) The term process waste water pollutants means pollutants present in process waste water.
(s) The following abbreviations shall have the following meanings:
(1) BOD5 means five-day biochemical oxygen demand;
(2) COD means chemical oxygen demand;
(3) TOC means total organic carbon;
(4) TDS means total dissolved solids;
(5) TSS means total suspended non-filterable solids;
(6) kw means kilowatt(s);
(7) kwh means kilowatt hour(s);
(8) Mw means megawatt(s);
(9) Mwh means megawatt hour(s);
(10) hp means horsepower;
(11) mm means millimeter(s);
(12) cm means centimeter;
(13) m means meter(s);
(14) in. means inch;
(15) ft means foot (feet);
(16) l means liter(s);
(17) cu m means cubic meter(s);
(18) k cu m means 1000 cubic meter(s);
(19) gal means gallon(s);
(20) cu ft means cubic foot (feet);
(21) mg means milligram(s);
(22) g means gram(s);
(23) kg means kilogram(s);
(24) kkg means 1000 kilogram(s);
(25) lb means pound(s);
(26) sq m means square meter(s);
(27) ha means hectare(s);
(28) sq ft means square foot (feet); and
(29) ac means acre(s).
[39 FR 4532, Feb. 1, 1974, as amended at 58 FR 45038, Aug. 25, 1994]

Title 40 published on 2014-07-01.

No entries appear in the Federal Register after this date, for 40 CFR Part 401.

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.

United States Code

§ 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...certain prescribed water quality benefits in relation to total project benefits

§ 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 - Watershed pilot projects

§ 1311 - Effluent limitations

§ 1314 - Information and guidelines

§ 1316 - National standards of performance

§ 1317 - Toxic and pretreatment effluent standards

§ 1326 - Thermal discharges

Statutes at Large
Public Laws

Title 40 published on 2014-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR Part 401 after this date.

  • 2014-10-24; vol. 79 # 206 - Friday, October 24, 2014
    1. 79 FR 63594 - Definition of “Waters of the United States” Under the Clean Water Act Proposed Rule; Notice of Availability
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY, DEPARTMENT OF DEFENSE, Department of the Army, Corps of Engineers
      Proposed rule; notice of availability.
      The public comment for the proposed rule closes on November 14, 2014.
      33 CFR Part 328