SUBCHAPTER N—EFFLUENT GUIDELINES AND STANDARDS PART 400 [RESERVED] source category or subcategory will contain more specialized definitions. PART 401—GENERAL PROVISIONS Except as provided in § 401.17, in the case of any conflict between regula- tions issued under this part 401 and reg- Sec. 401.10 Scope and purpose. ulations issued under parts 402 through 401.11 General definitions. 499 of this subchapter, the latter more 401.12 Law authorizing establishment of ef- specific regulations shall apply. fluent limitations guidelines for existing (Secs. 301, 304, 306 and 501 of the Clean Water sources, standards of performance for Act (the Federal Water Pollution Control new sources and pretreatment standards Act Amendments of 1972, 33 U.S.C. 1251 et. of new and existing sources. seq., as amended by the Clean Water Act of 401.13 Test procedures for measurement. 1977, Pub. L. 95–217)) 401.14 Cooling water intake structures. 401.15 Toxic pollutants. [39 FR 4532, Feb. 1, 1974, as amended at 47 FR 401.16 Conventional pollutants 24537, June 4, 1982] 401.17 pH Effluent limitations under contin- uous monitoring. § 401.11 General definitions. AUTHORITY: 33 U.S.C. 1251 et seq. For the purposes of parts 402 through SOURCE: 39 FR 4532, Feb. 1, 1974, unless oth- 699 of this subchapter: erwise noted. (a) The term Act means the Federal Water Pollution Control Act, as § 401.10 Scope and purpose. amended, 33 U.S.C. 1251 et seq., 86 Stat. Regulations promulgated or proposed 816, Pub. L. 92–500. under parts 402 through 699 of this sub- (b) The term Administrator means the chapter prescribe effluent limitations Administrator of the United States En- guidelines for existing sources, stand- vironmental Protection Agency. ards of performance for new sources (c) The term Environmental Protection and pretreatment standards for new Agency means the United States Envi- and existing sources pursuant to sec- ronmental Protection Agency. tions 301, 304 (b) and (c), 306 (b) and (c), (d) The term point source means any 307 (b) and (c) and 316(b) of the Federal discernible, confined and discrete con- Water Pollution Control Act, as veyance, including but not limited to amended (the ‘‘Act’’), 33 U.S.C. 1251, any pipe, ditch, channel, tunnel, con- 1311, 1314 (b) and (c), 1316 (b) and (c), duit, well, discrete fissure, container, 1317 (b) and (c) and 1326(b); 86 Stat. 816; rolling stock, concentrated animal Pub. L. 92–500. Point sources of dis- feeding operation, or vessel or other charges of pollutants are required to floating craft, from which pollutants comply with these regulations, where are or may be discharged. applicable, and permits issued by (e) The term new source means any States or the Environmental Protec- building, structure, facility or installa- tion Agency (EPA) under the National tion from which there is or may be the Pollutant Discharge Elimination Sys- discharge of pollutants, the construc- tem (NPDES) established pursuant to tion of which is commenced after the section 402 of the Act must be condi- publication of proposed regulations tioned upon compliance with applica- prescribing a standard of performance ble requirements of sections 301 and 306 under section 306 of the Act which will (as well as certain other requirements). be applicable to such source if such This part 401 sets forth the legal au- standard is thereafter promulgated in thority and general definitions which accordance with section 306 of the Act. will apply to all regulations issued con- (f) The term pollutant means dredged cerning specific classes and categories spoil, solid waste, incinerator residue, of point sources under parts 402 sewage, garbage, sewage sludge, muni- through 699 of this subchapter which tions, chemical wastes, biological ma- follow. In certain instances the regula- terials, radioactive materials, heat, tions applicable to a particular point wrecked or discarded equipment, rock, 5 VerDate Sep<11>2014 10:47 Apr 17, 2021 Jkt 250181 PO 00000 Frm 00015 Fmt 8010 Sfmt 8010 Y:\SGML\250181.XXX 250181 § 401.11 40 CFR Ch. I (7–1–20 Edition) sand, cellar dirt and industrial, munic- (m) The terms state water pollution ipal and agricultural waste discharged control agency, interstate agency, State, into water. It does not mean (1) sewage municipality, person, territorial seas, con- from vessels or (2) water, gas or other tiguous zone, biological monitoring, material which is injected into a well schedule of compliance, and industrial to facilitate production of oil or gas, or user shall be defined in accordance with water derived in association with oil or section 502 of the Act unless the con- gas production and disposed of in a text otherwise requires. well, if the well, used either to facili- (n) The term noncontract cooling water tate production or for disposal pur- means water used for cooling which poses, is approved by authority of the does not come into direct contact with State in which the well is located, and any raw material, intermediate prod- if such State determines that such in- uct, waste product or finished product. jection or disposal will not result in (o) The term noncontact cooling water degradation of ground or surface water pollutants means pollutants present in resources. noncontact cooling waters. (g) The term pollution means the (p) The term blowdown means the man-made or man induced alteration minimum discharge of recirculating of the chemical, physical, biological water for the purpose of discharging and radiological integrity of water. materials contained in the water, the (h) The term discharge of pollutant(s) further buildup of which would cause means: (1) The addition of any pollut- concentration in amounts exceeding ant to navigable waters from any point limits established by best engineering source and (2) any addition of any pol- practice. lutant to the waters of the contiguous (q) The term process waste water zone or the ocean from any point means any water which, during manu- source, other than from a vessel or facturing or processing, comes into di- rect contact with or results from the other floating craft. The term ‘‘dis- production or use of any raw material, charge’’ includes either the discharge intermediate product, finished product, of a single pollutant or the discharge of by-product, or waste product. multiple pollutants. (r) The term process waste water pol- (i) The term effluent limitation means lutants means pollutants present in any restriction established by the Ad- process waste water. ministrator on quantities, rates, and (s) The following abbreviations shall concentrations of chemical, physical, have the following meanings: biological and other constituents (1) BOD5 means five-day biochemical which are discharged from point oxygen demand; sources, other than new sources, into (2) COD means chemical oxygen de- navigable waters, the waters of the mand; contiguous zone or the ocean. (3) TOC means total organic carbon; (j) The term effluent limitations guide- (4) TDS means total dissolved solids; lines means any effluent limitations (5) TSS means total suspended non- guidelines issued by the Administrator filterable solids; pursuant to section 304(b) of the Act. (6) kw means kilowatt(s); (k) The term standard of performance (7) kwh means kilowatt hour(s); means any restriction established by (8) Mw means megawatt(s); the Administrator pursuant to section (9) Mwh means megawatt hour(s); 306 of the Act on quantities, rates, and (10) hp means horsepower; concentrations of chemical, physical, (11) mm means millimeter(s); biological, and other constituents (12) cm means centimeter; which are or may be discharged from (13) m means meter(s); new sources into navigable waters, the (14) in. means inch; waters of the contiguous zone or the (15) ft means foot (feet); ocean. (16) l means liter(s); (l) Navigable waters means ‘‘waters of (17) cu m means cubic meter(s); the United States, including the terri- (18) k cu m means 1000 cubic meter(s); torial seas,’’ as defined in § 120.2 of this (19) gal means gallon(s); chapter. (20) cu ft means cubic foot (feet); 6 VerDate Sep<11>2014 10:47 Apr 17, 2021 Jkt 250181 PO 00000 Frm 00016 Fmt 8010 Sfmt 8010 Y:\SGML\250181.XXX 250181 Environmental Protection Agency § 401.12 (21) mg means milligram(s); niques, process and procedure innova- (22) g means gram(s); tions, operating methods and other al- (23) kg means kilogram(s); ternatives. (24) kkg means 1000 kilogram(s); (d) Section 304(c) of the Act requires (25) lb means pound(s); the Administrator, after consultation (26) sq m means square meter(s); with appropriate Federal and State (27) ha means hectare(s); agencies and other interested persons (28) sq ft means square foot (feet); and to issue information on the process, (29) ac means acre(s). procedures, or operating methods [39 FR 4532, Feb. 1, 1974, as amended at 58 FR which result in the elimination or re- 45038, Aug. 25, 1994; 80 FR 37125, June 29, 2015; duction of the discharge of pollutants 83 FR 5209, Feb. 6, 2018; 84 FR 56671, Oct. 22, to implement standards of performance 2019; 85 FR 22342, Apr. 21, 2020] under section 306 of the Act. § 401.12 Law authorizing establish- (e) Section 306(b)(1)(B) of the Act re- ment of effluent limitations guide- quires the Administrator, after a cat- lines for existing sources, standards egory of sources is included in a list of performance for new sources and published pursuant to section pretreatment standards of new and 306(b)(1)(A) of the Act, to propose regu- existing sources. lations establishing Federal standards (a) Section 301(a) of the Act provides of performances for new sources within that ‘‘except as in compliance with this such category.