{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 401 and title_number = 40 sorted by section_id", "rows": [["40:40:31.0.1.1.2.0.1.1", 40, "Protection of Environment", "I", "N", "401", "PART 401\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 401.10 Scope and purpose.", "EPA", "", "", "[39 FR 4532, Feb. 1, 1974, as amended at 47 FR 24537, June 4, 1982]", "Regulations promulgated or proposed under parts 402 through 699 of this subchapter prescribe effluent limitations guidelines for existing sources, standards of performance for new sources and pretreatment standards for new and existing sources pursuant to sections 301, 304 (b) and (c), 306 (b) and (c), 307 (b) and (c) and 316(b) of the Federal Water Pollution Control Act, as amended (the \u201cAct\u201d), 33 U.S.C. 1251, 1311, 1314 (b) and (c), 1316 (b) and (c), 1317 (b) and (c) and 1326(b); 86 Stat. 816; Pub. L. 92-500. Point sources of discharges of pollutants are required to comply with these regulations, where applicable, and permits issued by States or the Environmental Protection Agency (EPA) under the National Pollutant Discharge Elimination System (NPDES) established pursuant to section 402 of the Act must be conditioned upon compliance with applicable requirements of sections 301 and 306 (as well as certain other requirements). This part 401 sets forth the legal authority and general definitions which will apply to all regulations issued concerning specific classes and categories of point sources under parts 402 through 699 of this subchapter which follow. In certain instances the regulations applicable to a particular point source category or subcategory will contain more specialized definitions. Except as provided in \u00a7 401.17, in the case of any conflict between regulations issued under this part 401 and regulations issued under parts 402 through 499 of this subchapter, the latter more specific regulations shall apply."], ["40:40:31.0.1.1.2.0.1.2", 40, "Protection of Environment", "I", "N", "401", "PART 401\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 401.11 General definitions.", "EPA", "", "", "[39 FR 4532, Feb. 1, 1974, as amended at 58 FR 45038, Aug. 25, 1994; 80 FR 37125, June 29, 2015; 83 FR 5209, Feb. 6, 2018; 84 FR 56671, Oct. 22, 2019; 85 FR 22342, Apr. 21, 2020]", "For the purposes of parts 402 through 699 of this subchapter:\n\n(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.\n\n(b) The term  Administrator  means the Administrator of the United States Environmental Protection Agency.\n\n(c) The term  Environmental Protection Agency  means the United States Environmental Protection Agency.\n\n(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.\n\n(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.\n\n(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.\n\n(g) The term  pollution  means the man-made or man induced alteration of the chemical, physical, biological and radiological integrity of water.\n\n(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 \u201cdischarge\u201d includes either the discharge of a single pollutant or the discharge of multiple pollutants.\n\n(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.\n\n(j) The term  effluent limitations guidelines  means any effluent limitations guidelines issued by the Administrator pursuant to section 304(b) of the Act.\n\n(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.\n\n(l)  Navigable waters  means \u201cwaters of the United States, including the territorial seas,\u201d as defined in \u00a7 120.2 of this chapter.\n\n(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\n(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.\n\n(o) The term  noncontact cooling water pollutants  means pollutants present in noncontact cooling waters.\n\n(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.\n\n(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.\n\n(r) The term  process waste water pollutants  means pollutants present in process waste water.\n\n(s) The following abbreviations shall have the following meanings:\n\n(1)  BOD5  means five-day biochemical oxygen demand;\n\n(2)  COD  means chemical oxygen demand;\n\n(3)  TOC  means total organic carbon;\n\n(4)  TDS  means total dissolved solids;\n\n(5)  TSS  means total suspended non-filterable solids;\n\n(6)  kw  means kilowatt(s);\n\n(7)  kwh  means kilowatt hour(s);\n\n(8)  Mw  means megawatt(s);\n\n(9)  Mwh  means megawatt hour(s);\n\n(10)  hp  means horsepower;\n\n(11)  mm  means millimeter(s);\n\n(12)  cm  means centimeter;\n\n(13)  m  means meter(s);\n\n(14)  in.  means inch;\n\n(15)  ft  means foot (feet);\n\n(16)  l  means liter(s);\n\n(17)  cu m  means cubic meter(s);\n\n(18)  k cu m  means 1000 cubic meter(s);\n\n(19)  gal  means gallon(s);\n\n(20)  cu ft  means cubic foot (feet);\n\n(21)  mg  means milligram(s);\n\n(22)  g  means gram(s);\n\n(23)  kg  means kilogram(s);\n\n(24)  kkg  means 1000 kilogram(s);\n\n(25)  lb  means pound(s);\n\n(26)  sq m  means square meter(s);\n\n(27)  ha  means hectare(s);\n\n(28)  sq ft  means square foot (feet); and\n\n(29)  ac  means acre(s)."], ["40:40:31.0.1.1.2.0.1.3", 40, "Protection of Environment", "I", "N", "401", "PART 401\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 401.12 Law authorizing establishment of effluent limitations guidelines for existing sources, standards of performance for new sources and pretreatment standards of new and existing sources.", "EPA", "", "", "", "(a) Section 301(a) of the Act provides that \u201cexcept as in compliance with this section and sections 302, 306, 307, 318, 402 and 404 of this Act, the discharge of any pollutant by any person shall be unlawful.\u201d\n\n(b) Section 301(b) of the Act requires the achievement by not later than July 1, 1977, of effluent limitations for point sources, other than publicly owned treatment works, which require the application of the best practicable control technology currently available as determined by the Administrator pursuant to section 304(b)(1) of the Act. Section 301(b) also requires the achievement by not later than July 1, 1983, of effluent limitations for point sources, other than publicly owned treatment works, which require the application of the best available technology economically achievable which will result in reasonable further progress toward the national goal of eliminating the discharge of all pollutants, as determined in accordance with regulations issued by the Administrator pursuant to section 304(b)(2) of the Act.\n\n(c) Section 304(b) of the Act requires the Administrator to publish regulations providing guidelines for effluent limitations setting forth the degree of effluent reduction attainable through the application of the best practicable control technology currently available and the degree of effluent reduction attainable through the application of the best control measures and practices achievable including treatment techniques, process and procedure innovations, operating methods and other alternatives.\n\n(d) Section 304(c) of the Act requires the Administrator, after consultation with appropriate Federal and State agencies and other interested persons to issue information on the process, procedures, or operating methods which result in the elimination or reduction of the discharge of pollutants to implement standards of performance under section 306 of the Act.\n\n(e) Section 306(b)(1)(B) of the Act requires the Administrator, after a category of sources is included in a list published pursuant to section 306(b)(1)(A) of the Act, to propose regulations establishing Federal standards of performances for new sources within such category. Standards of performance are to provide for the control of the discharge of pollutants which reflect the greatest degree of effluent reduction which the Administrator determines to be achievable through application of the best available demonstrated control technology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of pollutants.\n\n(f) Section 307(b) provides that the Administrator shall establish pretreatment standards which shall prevent the discharge of any pollutant into publicly owned treatment works which pollutant interferes with, passes through untreated, or otherwise is incompatible with such works.\n\n(g) Section 307(c) of the Act provides that the Administrator shall promulgate pretreatment standards for sources which would be \u201cnew sources\u201d under section 306 (if they were to discharge pollutants directly to navigable waters) at the same time standards of performance for the equivalent category of new sources are promulgated.\n\n(h) Section 316(b) of the Act provides that any standard established pursuant to section 301 or section 306 of the Act and applicable to a point source shall require that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impact.\n\n(i) Section 402(a)(1) of the Act provides that the Administrator may issue permits for the discharge of any pollutant upon condition that such discharge will meet all applicable requirements under sections 301, 302, 306, 307, 308 and 403 of this Act. In addition, section 402(b)(1)(A) of the Act requires that permits issued by States under the National Pollutant Discharge Elimination System (NPDES) established by the Act must apply, and insure compliance with any applicable requirements of sections 301, 302, 306, 307 and 403 of the Act."], ["40:40:31.0.1.1.2.0.1.4", 40, "Protection of Environment", "I", "N", "401", "PART 401\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 401.13 Test procedures for measurement.", "EPA", "", "", "", "The test procedures for measurement which are prescribed at part 136 of this chapter shall apply to expressions of pollutant amounts, characteristics or properties in effluent limitations guidelines and standards of performance and pretreatment standards as set forth at parts 402 through 699 of this subchapter, unless otherwise specifically noted or defined in said parts."], ["40:40:31.0.1.1.2.0.1.5", 40, "Protection of Environment", "I", "N", "401", "PART 401\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 401.14 Cooling water intake structures.", "EPA", "", "", "[41 FR 17389, Apr. 26, 1976]", "The location, design, construction and capacity of cooling water intake structures of any point source for which a standard is established pursuant to section 301 or 306 of the Act shall reflect the best technology available for minimizing adverse environmental impact, in accordance with the provisions of part 402 of this chapter."], ["40:40:31.0.1.1.2.0.1.6", 40, "Protection of Environment", "I", "N", "401", "PART 401\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 401.15 Toxic pollutants.", "EPA", "", "", "[44 FR 44502, July 30, 1979, as amended at 46 FR 2266, Jan. 8, 1981; 46 FR 10724, Feb. 4, 1981]", "The following comprise the list of toxic pollutants designated pursuant to section 307(a)(1) of the Act:\n\n1. Acenaphthene\n \n 2. Acrolein\n \n 3. Acrylonitrile\n \n 4. Aldrin/Dieldrin \n 1 \n  \n \n \n \n 1  Effluent standard promulgated (40 CFR part 129). \n 5. Antimony and compounds \n 2 \n  \n \n \n \n 2  The term  compounds  shall include organic and inorganic compounds. \n 6. Arsenic and compounds\n \n 7. Asbestos\n \n 8. Benzene\n \n 9. Benzidine \n 1 \n \n 10. Beryllium and compounds\n \n 11. Cadmium and compounds\n \n 12. Carbon tetrachloride\n \n 13. Chlordane (technical mixture and metabolites)\n \n 14. Chlorinated benzenes (other than di-chlorobenzenes)\n \n 15. Chlorinated ethanes (including 1,2-di-chloroethane, 1,1,1-trichloroethane, and hexachloroethane)\n \n 16. Chloroalkyl ethers (chloroethyl and mixed ethers)\n \n 17. Chlorinated naphthalene\n \n 18. Chlorinated phenols (other than those listed elsewhere; includes trichlorophenols and chlorinated cresols)\n \n 19. Chloroform\n \n 20. 2-chlorophenol\n \n 21. Chromium and compounds\n \n 22. Copper and compounds\n \n 23. Cyanides\n \n 24. DDT and metabolites \n 1 \n \n 25. Dichlorobenzenes (1,2-, 1,3-, and 1,4-di-chlorobenzenes)\n \n 26. Dichlorobenzidine\n \n 27. Dichloroethylenes (1,1-, and 1,2-dichloroethylene)\n \n 28. 2,4-dichlorophenol\n \n 29. Dichloropropane and dichloropropene\n \n 30. 2,4-dimethylphenol\n \n 31. Dinitrotoluene\n \n 32. Diphenylhydrazine\n \n 33. Endosulfan and metabolites\n \n 34. Endrin and metabolites \n 1 \n \n 35. Ethylbenzene\n \n 36. Fluoranthene\n \n 37. Haloethers (other than those listed elsewhere; includes chlorophenylphenyl ethers, bromophenylphenyl ether, bis(dichloroisopropyl) ether, bis-(chloroethoxy) methane and polychlorinated diphenyl ethers)\n \n 38. Halomethanes (other than those listed elsewhere; includes methylene chloride, methylchloride, methylbromide, bromoform, dichlorobromomethane\n \n 39. Heptachlor and metabolites\n \n 40. Hexachlorobutadiene\n \n 41. Hexachlorocyclohexane\n \n 42. Hexachlorocyclopentadiene\n \n 43. Isophorone\n \n 44. Lead and compounds\n \n 45. Mercury and compounds\n \n 46. Naphthalene\n \n 47. Nickel and compounds\n \n 48. Nitrobenzene\n \n 49. Nitrophenols (including 2,4-dinitrophenol, dinitrocresol)\n \n 50. Nitrosamines\n \n 51. Pentachlorophenol\n \n 52. Phenol\n \n 53. Phthalate esters\n \n 54. Polychlorinated biphenyls (PCBs) \n 1 \n \n 55. Polynuclear aromatic hydrocarbons (including benzanthracenes, benzopyrenes, benzofluoranthene, chrysenes, dibenz-anthracenes, and indenopyrenes)\n \n 56. Selenium and compounds\n \n 57. Silver and compounds\n \n 58. 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD)\n \n 59. Tetrachloroethylene\n \n 60. Thallium and compounds\n \n 61. Toluene\n \n 62. Toxaphene \n 1 \n \n 63. Trichloroethylene\n \n 64. Vinyl chloride\n \n 65. Zinc and compounds\n\n1. Acenaphthene\n\n2. Acrolein\n\n3. Acrylonitrile\n\n4. Aldrin/Dieldrin \n 1\n\n1  Effluent standard promulgated (40 CFR part 129).\n\n5. Antimony and compounds \n 2\n\n2  The term  compounds  shall include organic and inorganic compounds.\n\n6. Arsenic and compounds\n\n7. Asbestos\n\n8. Benzene\n\n9. Benzidine \n 1\n\n10. Beryllium and compounds\n\n11. Cadmium and compounds\n\n12. Carbon tetrachloride\n\n13. Chlordane (technical mixture and metabolites)\n\n14. Chlorinated benzenes (other than di-chlorobenzenes)\n\n15. Chlorinated ethanes (including 1,2-di-chloroethane, 1,1,1-trichloroethane, and hexachloroethane)\n\n16. Chloroalkyl ethers (chloroethyl and mixed ethers)\n\n17. Chlorinated naphthalene\n\n18. Chlorinated phenols (other than those listed elsewhere; includes trichlorophenols and chlorinated cresols)\n\n19. Chloroform\n\n20. 2-chlorophenol\n\n21. Chromium and compounds\n\n22. Copper and compounds\n\n23. Cyanides\n\n24. DDT and metabolites \n 1\n\n25. Dichlorobenzenes (1,2-, 1,3-, and 1,4-di-chlorobenzenes)\n\n26. Dichlorobenzidine\n\n27. Dichloroethylenes (1,1-, and 1,2-dichloroethylene)\n\n28. 2,4-dichlorophenol\n\n29. Dichloropropane and dichloropropene\n\n30. 2,4-dimethylphenol\n\n31. Dinitrotoluene\n\n32. Diphenylhydrazine\n\n33. Endosulfan and metabolites\n\n34. Endrin and metabolites \n 1\n\n35. Ethylbenzene\n\n36. Fluoranthene\n\n37. Haloethers (other than those listed elsewhere; includes chlorophenylphenyl ethers, bromophenylphenyl ether, bis(dichloroisopropyl) ether, bis-(chloroethoxy) methane and polychlorinated diphenyl ethers)\n\n38. Halomethanes (other than those listed elsewhere; includes methylene chloride, methylchloride, methylbromide, bromoform, dichlorobromomethane\n\n39. Heptachlor and metabolites\n\n40. Hexachlorobutadiene\n\n41. Hexachlorocyclohexane\n\n42. Hexachlorocyclopentadiene\n\n43. Isophorone\n\n44. Lead and compounds\n\n45. Mercury and compounds\n\n46. Naphthalene\n\n47. Nickel and compounds\n\n48. Nitrobenzene\n\n49. Nitrophenols (including 2,4-dinitrophenol, dinitrocresol)\n\n50. Nitrosamines\n\n51. Pentachlorophenol\n\n52. Phenol\n\n53. Phthalate esters\n\n54. Polychlorinated biphenyls (PCBs) \n 1\n\n55. Polynuclear aromatic hydrocarbons (including benzanthracenes, benzopyrenes, benzofluoranthene, chrysenes, dibenz-anthracenes, and indenopyrenes)\n\n56. Selenium and compounds\n\n57. Silver and compounds\n\n58. 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD)\n\n59. Tetrachloroethylene\n\n60. Thallium and compounds\n\n61. Toluene\n\n62. Toxaphene \n 1\n\n63. Trichloroethylene\n\n64. Vinyl chloride\n\n65. Zinc and compounds"], ["40:40:31.0.1.1.2.0.1.7", 40, "Protection of Environment", "I", "N", "401", "PART 401\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 401.16 Conventional pollutants.", "EPA", "", "", "[44 FR 44503, July 30, 1979; 44 FR 52685, Sept. 10, 1979]", "The following comprise the list of conventional pollutants designated pursuant to section 304(a)(4) of the Act:\n\n1. Biochemical oxygen demand (BOD)\n \n 2. Total suspended solids (nonfilterable) (TSS)\n \n 3. pH\n \n 4. Fecal coliform\n \n 5. Oil and grease\n\n1. Biochemical oxygen demand (BOD)\n\n2. Total suspended solids (nonfilterable) (TSS)\n\n3. pH\n\n4. Fecal coliform\n\n5. Oil and grease"], ["40:40:31.0.1.1.2.0.1.8", 40, "Protection of Environment", "I", "N", "401", "PART 401\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 401.17 pH Effluent limitations under continuous monitoring.", "EPA", "", "", "[47 FR 24537, June 4, 1982]", "(a) Where a permittee continuously measures the pH of wastewater pursuant to a requirement or option in a National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to section 402 of the Act, the permittee shall maintain the pH of such wastewater within the range set forth in the applicable effluent limitations guidelines, except excursions from the range are permitted subject to the following limitations:\n\n(1) The total time during which the pH values are outside the required range of pH values shall not exceed 7 hours and 26 minutes in any calendar month; and\n\n(2) No individual excursion from the range of pH values shall exceed 60 minutes.\n\n(b) The Director, as defined in \u00a7 122.3 of this chapter, may adjust the requirements set forth in paragraph (a) of this section with respect to the length of individual excursions from the range of pH values, if a different period of time is appropriate based upon the treatment system, plant configuration or other technical factors.\n\n(c) For purposes of this section, an  excursion  is an unintentional and temporary incident in which the pH value of discharge wastewater exceeds the range set forth in the applicable effluent limitations guidelines."]], "truncated": false, "filtered_table_rows_count": 8, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 and \"title_number\" = :p1 order by section_id limit 101", "params": {"p0": "401", "p1": "40"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=401&title_number=40", "results": [{"value": 40, "label": 40, "count": 8, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=401", "selected": true}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=401&title_number=40", "results": [{"value": "EPA", "label": "EPA", "count": 8, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=401&title_number=40&agency=EPA", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=401&title_number=40", "results": [{"value": "401", "label": "401", "count": 8, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?title_number=40", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "amendment_citations", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=401&title_number=40&_facet=amendment_citations"}], "next": null, "next_url": null, "private": false, "allow_execute_sql": true, "query_ms": 942.5866840174422, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}