SUBCHAPTER N—EFFLUENT GUIDELINES AND STANDARDS PART 400 [RESERVED] of point sources under parts 402 through 699 of this subchapter which PART 401—GENERAL PROVISIONS follow. In certain instances the regula- tions applicable to a particular point Sec. source category or subcategory will 401.10 Scope and purpose. contain more specialized definitions. 401.11 General definitions. Except as provided in § 401.17, in the 401.12 Law authorizing establishment of ef- case of any conflict between regula- fluent limitations guidelines for existing tions issued under this part 401 and reg- sources, standards of performance for ulations issued under parts 402 through new sources and pretreatment standards 499 of this subchapter, the latter more of new and existing sources. 401.13 Test procedures for measurement. specific regulations shall apply. 401.14 Cooling water intake structures. (Secs. 301, 304, 306 and 501 of the Clean Water 401.15 Toxic pollutants. Act (the Federal Water Pollution Control 401.16 Conventional pollutants Act Amendments of 1972, 33 U.S.C. 1251 et. 401.17 pH Effluent limitations under contin- seq., as amended by the Clean Water Act of uous monitoring. 1977, Pub. L. 95–217)) AUTHORITY: Secs. 301, 304 (b) and (c), 306 (b) [39 FR 4532, Feb. 1, 1974, as amended at 47 FR and (c), 307 (b) and (c) and 316(b) of the Fed- 24537, June 4, 1982] eral Water Pollution Control Act, as amend- ed (the ‘‘Act’’), 33 U.S.C. 1251, 1311, 1314 (b) and (c), 1316 (b) and (c), 1317 (b) and (c) and § 401.11 General definitions. 1326(c); 86 Stat. 816 et seq.; Pub. L. 92–500. 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, 5 VerDate Aug<31>2005 14:36 Aug 16, 2006 Jkt 208168 PO 00000 Frm 00015 Fmt 8010 Sfmt 8010 Y:\SGML\208168.XXX 208168 § 401.11 40 CFR Ch. I (7–1–06 Edition) sewage, garbage, sewage sludge, muni- (l) The term navigable waters in- tions, chemical wastes, biological ma- cludes: All navigable waters of the terials, radioactive materials, heat, United States; tributaries of navigable wrecked or discarded equipment, rock, waters of the United States; interstate sand, cellar dirt and industrial, munic- waters; intrastate lakes, rivers, and ipal and agricultural waste discharged streams which are utilized by inter- into water. It does not mean (1) sewage state travelers for recreational or from vessels or (2) water, gas or other other purposes; intrastate lakes, rivers, material which is injected into a well and streams from which fish or shell- to facilitate production of oil or gas, or fish are taken and sold in interstate water derived in association with oil or commerce; and intrastate lakes, rivers, gas production and disposed of in a and streams which are utilized for in- well, if the well, used either to facili- dustrial purposes by industries in tate production or for disposal pur- interstate commerce. Navigable waters poses, is approved by authority of the do not include prior converted crop- State in which the well is located, and land. Notwithstanding the determina- if such State determines that such in- tion of an area’s status as prior con- jection or disposal will not result in verted cropland by any other federal degradation of ground or surface water agency, for the purposes of the Clean resources. Water Act, the final authority regard- (g) The term pollution means the ing Clean Water Act jurisdiction re- man-made or man induced alteration mains with EPA. of the chemical, physical, biological (m) The terms state water pollution and radiological integrity of water. control agency, interstate agency, State, (h) The term discharge of pollutant(s) municipality, person, territorial seas, con- means: (1) The addition of any pollut- tiguous zone, biological monitoring, ant to navigable waters from any point schedule of compliance, and industrial source and (2) any addition of any pol- user shall be defined in accordance with lutant to the waters of the contiguous section 502 of the Act unless the con- zone or the ocean from any point text otherwise requires. source, other than from a vessel or (n) The term noncontract cooling water other floating craft. The term ‘‘dis- means water used for cooling which charge’’ includes either the discharge does not come into direct contact with of a single pollutant or the discharge of any raw material, intermediate prod- multiple pollutants. uct, waste product or finished product. (i) The term effluent limitation means (o) The term noncontact cooling water any restriction established by the Ad- pollutants means pollutants present in ministrator on quantities, rates, and noncontact cooling waters. concentrations of chemical, physical, (p) The term blowdown means the biological and other constituents minimum discharge of recirculating which are discharged from point water for the purpose of discharging sources, other than new sources, into materials contained in the water, the navigable waters, the waters of the further buildup of which would cause contiguous zone or the ocean. concentration in amounts exceeding (j) The term effluent limitations guide- limits established by best engineering lines means any effluent limitations practice. guidelines issued by the Administrator (q) The term process waste water pursuant to section 304(b) of the Act. means any water which, during manu- (k) The term standard of performance facturing or processing, comes into di- means any restriction established by rect contact with or results from the the Administrator pursuant to section production or use of any raw material, 306 of the Act on quantities, rates, and intermediate product, finished product, concentrations of chemical, physical, by-product, or waste product. biological, and other constituents (r) The term process waste water pol- which are or may be discharged from lutants means pollutants present in new sources into navigable waters, the process waste water. waters of the contiguous zone or the (s) The following abbreviations shall ocean. have the following meanings: 6 VerDate Aug<31>2005 14:36 Aug 16, 2006 Jkt 208168 PO 00000 Frm 00016 Fmt 8010 Sfmt 8010 Y:\SGML\208168.XXX 208168 Environmental Protection Agency § 401.12 (1) BOD5 means five-day biochemical treatment works, which require the ap- oxygen demand; plication of the best available tech- (2) COD means chemical oxygen de- nology economically achievable which mand; will result in reasonable further (3) TOC means total organic carbon; progress toward the national goal of (4) TDS means total dissolved solids; eliminating the discharge of all pollut- (5) TSS means total suspended non- ants, as determined in accordance with filterable solids; regulations issued by the Adminis- (6) kw means kilowatt(s); trator pursuant to section 304(b)(2) of (7) kwh means kilowatt hour(s); the Act. (8) Mw means megawatt(s); (c) Section 304(b) of the Act requires (9) Mwh means megawatt hour(s); the Administrator to publish regula- (10) hp means horsepower; tions providing guidelines for effluent (11) mm means millimeter(s); limitations setting forth the degree of (12) cm means centimeter; effluent reduction attainable through (13) m means meter(s); the application of the best practicable (14) in. means inch; control technology currently available (15) ft means foot (feet); and the degree of effluent reduction at- (16) l means liter(s); tainable through the application of the (17) cu m means cubic meter(s); best control measures and practices (18) k cu m means 1000 cubic meter(s); achievable including treatment tech- (19) gal means gallon(s); niques, process and procedure innova- (20) cu ft means cubic foot (feet); tions, operating methods and other al- (21) mg means milligram(s); ternatives.