[Code of Federal Regulations]

[Title 40, Volume 28]

[Revised as of July 1, 2006]

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,



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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:



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    (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]