[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR401.11]

[Page 5-7]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 401--GENERAL PROVISIONS--Table of Contents
 
Sec. 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,

[[Page 6]]

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:

[[Page 7]]

    (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]