cfr_sections
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| 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 |
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| 21:21:2.0.1.1.24.1.1.1 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | A | Subpart A—General Provisions | § 131.3 Definitions. | FDA | (a) Cream means the liquid milk product high in fat separated from milk, which may have been adjusted by adding thereto: Milk, concentrated milk, dry whole milk, skim milk, concentrated skim milk, or nonfat dry milk. Cream contains not less than 18 percent milkfat. (b) Pasteurized when used to describe a dairy product means that every particle of such product shall have been heated in properly operated equipment to one of the temperatures specified in the table of this paragraph and held continuously at or above that temperature for the specified time (or other time/temperature relationship which has been demonstrated to be equivalent thereto in microbial destruction): 1 If the dairy ingredient has a fat content of 10 percent or more, or if it contains added sweeteners, the specified temperature shall be increased by 5 °F. (c) Ultra-pasteurized when used to describe a dairy product means that such product shall have been thermally processed at or above 280 °F for at least 2 seconds, either before or after packaging, so as to produce a product which has an extended shelf life under refrigerated conditions. | ||||
| 21:21:2.0.1.1.24.1.1.2 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | A | Subpart A—General Provisions | § 131.25 Whipped cream products containing flavoring or sweetening. | FDA | The unqualified name “whipped cream” should not be applied to any product other than one made by whipping the cream that complies with the standards of identity for whipping cream (§§ 131.150 and 131.157 of this chapter). If flavoring and/or sweetening is added, the resulting product is a flavored and/or sweetened whipped cream, and should be so identified. | ||||
| 21:21:2.0.1.1.24.2.1.1 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | B | Subpart B—Requirements for Specific Standardized Milk and Cream | § 131.110 Milk. | FDA | [42 FR 14360, Mar. 15, 1977, as amended at 47 FR 11822, Mar. 19, 1982; 49 FR 10090, Mar. 19, 1984; 54 FR 24892, June 12, 1989; 58 FR 2890, Jan. 6, 1993] | (a) Description. Milk is the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows. Milk that is in final package form for beverage use shall have been pasteurized or ultrapasteurized, and shall contain not less than 8 1/4 percent milk solids not fat and not less than 3 1/4 percent milkfat. Milk may have been adjusted by separating part of the milkfat therefrom, or by adding thereto cream, concentrated milk, dry whole milk, skim milk, concentrated skim milk, or nonfat dry milk. Milk may be homogenized. (b) Vitamin addition (Optional). (1) If added, vitamin A shall be present in such quantity that each quart of the food contains not less than 2000 International Units thereof within limits of good manufacturing practice. (2) If added, vitamin D shall be present in such quantity that each quart of the food contains 400 International Units thereof within limits of good manufacturing practice. (c) Optional ingredients. The following safe and suitable ingredients may be used: (1) Carriers for vitamins A and D. (2) Characterizing flavoring ingredients (with or without coloring, nutritive sweetener, emulsifiers, and stabilizers) as follows: (i) Fruit and fruit juice (including concentrated fruit and fruit juice). (ii) Natural and artificial food flavorings. (d) Methods of analysis. Referenced methods are from “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (1) Milkfat content—“Fat, Roese-Gottlieb Method—Official Final Action,” section 16.059. (2) Milk solids not fat content—Calculated by s… | |||
| 21:21:2.0.1.1.24.2.1.10 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | B | Subpart B—Requirements for Specific Standardized Milk and Cream | § 131.149 Dry cream. | FDA | [43 FR 19836, May 9, 1978, as amended at 44 FR 3965, Jan. 19, 1979; 47 FR 11824, Mar. 19, 1982; 48 FR 13024, Mar. 29, 1983; 49 FR 10092, Mar. 19, 1984; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 6, 1993; 61 FR 59002, Nov. 20, 1996] | (a) Description. Dry cream is the product obtained by removal of water only from pasteurized milk or cream or a mixture thereof, which may have been homogenized. Alternatively, dry cream may be obtained by blending dry milks as defined in §§ 131.125(a) and 131.147(a) with dry cream as appropriate: Provided, That the resulting product is equivalent in composition to that obtained by the method described in the first sentence of this paragraph. It contains not less than 40 percent but less than 75 percent by weight of milkfat on an as is basis. It contains not more than 5 percent by weight of moisture on a milk solids not fat basis. (b) Optional ingredients. The following safe and suitable optional ingredients may be used: (1) Emulsifiers. (2) Stabilizers. (3) Anticaking agents. (4) Antioxidants. (5) Nutritive carbohydrate sweeteners. (6) Characterizing flavoring ingredients, with or without coloring, as follows: (i) Fruit and fruit juice, including concentrated fruit and fruit juice. (ii) Natural and artificial food flavoring. (c) Methods of analysis. The following referenced methods of analysis are from “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (1) Milkfat content—“Fat in Dried Milk—Official Final Action,” sections 16.199-16.200. (2) Moisture content—“Moisture—Official Final Action,” section 16.192. (d) Nomenclature. The name of the food is “Dry cream.” The name of the food shall appear on the principal display panel of the label in type of uniform size, style, and color. The name of the food shall be accompanied by a declaration in… | |||
| 21:21:2.0.1.1.24.2.1.11 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | B | Subpart B—Requirements for Specific Standardized Milk and Cream | § 131.150 Heavy cream. | FDA | [42 FR 14360, Mar. 15, 1977, as amended at 47 FR 11824, Mar. 19, 1982; 49 FR 10092, Mar. 19, 1984; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 6, 1993] | (a) Description. Heavy cream is cream which contains not less than 36 percent milkfat. It is pasteurized or ultra-pasteurized, and may be homogenized. (b) Optional ingredients. The following safe and suitable optional ingredients may be used: (1) Emulsifiers. (2) Stabilizers. (3) Nutritive sweeteners. (4) Characterizing flavoring ingredients (with or without coloring) as follows: (i) Fruit and fruit juice (including concentrated fruit and fruit juice). (ii) Natural and artificial food flavoring. (c) Methods of analysis. The milkfat content is determined by the method prescribed in “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), sections 16.156 and 16.059, under “Fat, Roese-Gottlieb Method—Official Final Action,” which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (d) Nomenclature. (1) The name of the food is “Heavy cream” or alternatively “Heavy whipping cream”. The name of the food shall be accompanied on the label by a declaration indicating the presence of any characterizing flavoring, as specified in § 101.22 of this chapter. The following terms shall accompany the name of the food wherever it appears on the principal display panel or panels of the label in letters not less than one-half the height of the letters used in such name: (i) The word “ultra-pasteurized” if the food has been ultra-pasteurized. (ii) The word “sweetened” if no characterizing flavoring ingredients are used, but nutritive sweetener is added. (2) The following terms may appear on the label: (i) The word “pasteurized” if the food has been pasteurized. (ii) The word “homogenized” if the food has been homogenized. (e… | |||
| 21:21:2.0.1.1.24.2.1.12 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | B | Subpart B—Requirements for Specific Standardized Milk and Cream | § 131.155 Light cream. | FDA | [42 FR 14360, Mar. 15, 1977, as amended at 47 FR 11824, Mar. 19, 1982; 49 FR 10092, Mar. 1, 1984; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 6, 1993] | (a) Description. Light cream is cream which contains not less than 18 percent but less than 30 percent milkfat. It is pasteurized or ultra-pasteurized, and may be homogenized. (b) Optional ingredients. The following safe and suitable ingredients may be used: (1) Stabilizers. (2) Emulsifiers. (3) Nutritive sweeteners. (4) Characterizing flavoring ingredients (with or without coloring) as follows: (i) Fruit and fruit juice (including concentrated fruit and fruit juice). (ii) Natural and artificial food flavoring. (c) Methods of analysis. The milkfat content is determined by the method prescribed in “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), sections 16.156 and 16.059, under “Fat, Roese-Gottlieb Method—Official Final Action,” which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (d) Nomenclature. The name of the food is “Light cream”, or alternatively “Coffee cream” or “Table cream”. The name of the food shall be accompanied on the label by a declaration indicating the presence of any characterizing flavoring, as specified in § 101.22 of this chapter. (1) The following terms shall accompany the name of the food wherever it appears on the principal display panel or panels of the label in letters not less than one-half the height of the letters used in such name: (i) The word “ultra-pasteurized” if the food has been ultra-pasteurized. (ii) The word “sweetened” if no characterizing flavoring ingredients are used, but nutritive sweetener is added. (2) The following terms may appear on the label: (i) The word “pasteurized” if the food has been pasteurized. (ii) The word “homogenized” if the foo… | |||
| 21:21:2.0.1.1.24.2.1.13 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | B | Subpart B—Requirements for Specific Standardized Milk and Cream | § 131.157 Light whipping cream. | FDA | [42 FR 14360, Mar. 15, 1977, as amended at 47 FR 11824, Mar. 19, 1982; 49 FR 10092, Mar. 19, 1984; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 6, 1993] | (a) Description. Light whipping cream is cream which contains not less than 30 percent but less than 36 percent milkfat. It is pasteurized or ultra-pasteurized, and may be homogenized. (b) Optional ingredients. The following safe and suitable optional ingredients may be used: (1) Emulsifiers. (2) Stabilizers. (3) Nutritive sweeteners. (4) Characterizing flavoring ingredients (with or without coloring) as follows: (i) Fruit and fruit juice (including concentrated fruit and fruit juice). (ii) Natural and artificial food flavoring. (c) Methods of analysis. The milkfat content is determined by the method prescribed in “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), sections 16.156 and 16.059, under “Fat, Roese-Gottlieb Method—Official Final Action,” which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (d) Nomenclature. The name of the food is “Light whipping cream” or alternatively “Whipping cream”. The name of the food shall be accompanied on the label by a declaration indicating the presence of any characterizing flavoring, as specified in § 101.22 of this chapter. (1) The following terms shall accompany the name of the food wherever it appears on the principal display panel or panels of the label in letters not less than one-half the height of the letters used in such name: (i) The word “ultra-pasteurized” if the food has been ultra-pasteurized. (ii) The word “sweetened” if no characterizing flavoring ingredients are used, but nutritive sweetener is added. (2) The following terms may appear on the label: (i) The word “pasteurized” if the food has been pasteurized. (ii) The word “homogenized”… | |||
| 21:21:2.0.1.1.24.2.1.14 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | B | Subpart B—Requirements for Specific Standardized Milk and Cream | § 131.160 Sour cream. | FDA | [42 FR 14360, Mar. 15, 1977, as amended at 47 FR 11824, Mar. 19, 1982; 49 FR 10092, Mar. 19, 1984; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 6, 1993] | (a) Description. Sour cream results from the souring, by lactic acid producing bacteria, of pasteurized cream. Sour cream contains not less than 18 percent milkfat; except that when the food is characterized by the addition of nutritive sweeteners or bulky flavoring ingredients, the weight of the milkfat is not less than 18 percent of the remainder obtained by subtracting the weight of such optional ingredients from the weight of the food; but in no case does the food contain less than 14.4 percent milkfat. Sour cream has a titratable acidity of not less than 0.5 percent, calculated as lactic acid. (b) Optional ingredients. (1) Safe and suitable ingredients that improve texture, prevent syneresis, or extend the shelf life of the product. (2) Sodium citrate in an amount not more than 0.1 percent may be added prior to culturing as a flavor precursor. (3) Rennet. (4) Safe and suitable nutritive sweeteners. (5) Salt. (6) Flavoring ingredients, with or without safe and suitable coloring, as follows: (i) Fruit and fruit juice (including concentrated fruit and fruit juice). (ii) Safe and suitable natural and artificial food flavoring. (c) Methods of analysis. Referenced methods in paragraph (c) (1) and (2) of this section are from “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (1) Milkfat content—“Fat—Official Final Action,” section 16.172. (2) Titratable acidity—“Acidity—Official Final Action,” section 16.023. (d) Nomenclature. The name of the food is “Sour cream” or alternatively “Cultured sour cream”. The full name of the food shall appear on t… | |||
| 21:21:2.0.1.1.24.2.1.15 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | B | Subpart B—Requirements for Specific Standardized Milk and Cream | § 131.162 Acidified sour cream. | FDA | [42 FR 14360, Mar. 15, 1977, as amended at 47 FR 11825, Mar. 19, 1982; 49 FR 10092, Mar. 19, 1984; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 6, 1993] | (a) Description. Acidified sour cream results from the souring of pasteurized cream with safe and suitable acidifiers, with or without addition of lactic acid producing bacteria. Acidified sour cream contains not less than 18 percent milkfat; except that when the food is characterized by the addition of nutritive sweeteners or bulky flavoring ingredients, the weight of milkfat is not less than 18 percent of the remainder obtained by subtracting the weight of such optional ingredients from the weight of the food; but in no case does the food contain less than 14.4 percent milkfat. Acidified sour cream has a titratable acidity of not less than 0.5 percent, calculated as lactic acid. (b) Optional ingredients. (1) Safe and suitable ingredients that improve texture, prevent syneresis, or extend the shelf life of the product. (2) Rennet. (3) Safe and suitable nutritive sweeteners. (4) Salt. (5) Flavoring ingredients, with or without safe and suitable coloring, as follows: (i) Fruit and fruit juice, including concentrated fruit and fruit juice. (ii) Safe and suitable natural and artificial food flavoring. (c) Methods of analysis. Referenced methods in paragraphs (c) (1) and (2) of this section are from “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (1) Milkfat content—“Fat—Official Final Action,” section 16.172. (2) Titratable acidity—“Acidity—Official Final Action,” section 16.023. (d) Nomenclature. The name of the food is “Acidified sour cream”. The full name of the food shall appear on the principal display panel of the label in type of uniform … | |||
| 21:21:2.0.1.1.24.2.1.16 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | B | Subpart B—Requirements for Specific Standardized Milk and Cream | § 131.170 Eggnog. | FDA | [46 FR 9938, Jan. 30, 1981, as amended at 47 FR 11825, Mar. 19, 1982; 47 FR 41524, Sept. 21, 1982; 47 FR 49638, Nov. 2, 1982; 48 FR 24869, June 3, 1983; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 6, 1993] | (a) Description. Eggnog is the food containing one or more of the optional dairy ingredients specified in paragraph (b), one or more of the optional egg yolk-containing ingredients specified in paragraph (c) of this section, and one or more of the optional nutritive carbohydrate sweeteners specified in paragraph (d) of this section. One or more of the optional ingredients specified in paragraph (e) of this section may also be added. All ingredients used are safe and suitable. Eggnog contains not less than 6 percent milkfat and not less than 8.25 percent milk solids not fat. The egg yolk solids content is not less than 1 percent by weight of the finished food. The food shall be pasteurized or ultra-pasteurized and may be homogenized. Flavoring ingredients and color additives may be added after the food is pasteurized or ultra-pasteurized. (b) Optional dairy ingredients. Cream, milk, partially skimmed milk, or skim milk, used alone or in combination. (c) Egg yolk-containing ingredients. Liquid egg yolk, frozen egg yolk, dried egg yolk, liquid whole eggs, frozen whole eggs, dried whole eggs, or any one or more of the foregoing ingredients with liquid egg white or frozen egg white. (d) Nutritive carbohydrate sweeteners. Sugar (sucrose), beet or cane; invert sugar (in paste or sirup form); brown sugar; refiner's sirup; molasses (other than blackstrap); high fructose corn sirup; fructose; fructose sirup; maltose; maltose sirup, dried maltose sirup; malt extract, dried malt extract; malt sirup, dried malt sirup; honey; maple sugar; or any of the sweeteners listed in part 168 of this chapter, except table sirup. (e) Other optional ingredients. (1) Concentrated skim milk, nonfat dry milk, buttermilk, whey, lactose, lactalbumins, lactoglobulins, or whey modified by partial or complete removal of lactose and/or minerals, to increase the nonfat solids content of the food: Provided, That the ratio of protein to total nonfat solids of the food, and the protein efficiency ratio of all protein present shall not b… | |||
| 21:21:2.0.1.1.24.2.1.17 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | B | Subpart B—Requirements for Specific Standardized Milk and Cream | § 131.180 Half-and-half. | FDA | [42 FR 14360, Mar. 15, 1977, as amended at 47 FR 11825, Mar. 19, 1982; 49 FR 10092, Mar. 19, 1984; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 6, 1993] | (a) Description. Half-and-half is the food consisting of a mixture of milk and cream which contains not less than 10.5 percent but less than 18 percent milkfat. It is pasteurized or ultra-pasteurized, and may be homogenized. (b) Optional ingredients. The following safe and suitable optional ingredients may be used: (1) Emulsifiers. (2) Stabilizers. (3) Nutritive sweeteners. (4) Characterizing flavoring ingredients (with or without coloring) as follows: (i) Fruit and fruit juice (including concentrated fruit and fruit juice). (ii) Natural and artificial food flavoring. (c) Methods of analysis. The milkfat content is determined by the method prescribed in “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), in sections 16.156 and 16.059, under “Fat, Roese-Gottlieb Method—Official Final Action,” which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (d) Nomenclature. The name of the food is “Half-and-half”. The name of the food shall be accompanied on the label by a declaration indicating the presence of any characterizing flavoring, as specified in § 101.22 of this chapter. (1) The following terms shall accompany the name of the food wherever it appears on the principal display panel or panels of the label in letters not less than one-half the height of the letters used in such name: (i) The word “ultra-pasteurized” if the food has been ultra-pasteurized. (ii) The word “sweetened” if no characterizing flavor ingredients are used, but nutritive sweetener is added. (2) The following terms may appear on the label: (i) The word “pasteurized” if the food has been pasteurized. (ii) The word “homogenized” if the food has bee… | |||
| 21:21:2.0.1.1.24.2.1.18 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | B | Subpart B—Requirements for Specific Standardized Milk and Cream | § 131.200 Yogurt. | FDA | [86 FR 31137, June 11, 2021, as amended at 87 FR 76568, Dec. 15, 2022; 88 FR 22910, Apr. 14, 2023] | (a) Description. Yogurt is the food produced by culturing one or more of the basic dairy ingredients specified in paragraph (b) of this section and any of the optional dairy ingredients specified in paragraph (c) of this section with a characterizing bacterial culture that contains the lactic acid-producing bacteria, Lactobacillus delbrueckii subsp. bulgaricus and Streptococcus thermophilus. The ingredients specified in paragraphs (b) and (c) of this section may be homogenized and must be pasteurized or ultra-pasteurized before the addition of the characterizing bacterial culture. One or more of the other optional ingredients specified in paragraph (d) of this section may also be added. Yogurt contains not less than 3.25 percent milkfat, except as provided for in paragraph (g) of this section, and not less than 8.25 percent milk solids not fat and has a pH of 4.6 or lower measured on the finished product within 24 hours after filling. To extend the shelf life of the food, yogurt may be treated after culturing to inactivate viable microorganisms. (b) Basic dairy ingredients. Cream, milk, partially skimmed milk, skim milk, or the reconstituted versions of these ingredients may be used alone or in combination. (c) Optional dairy ingredients. Other safe and suitable milk-derived ingredients may be used to increase the milk solids not fat content of the food above the minimum of 8.25 percent required in paragraph (a) of this section, provided that the ratio of protein to total nonfat solids of the food, and the protein efficiency ratio of all protein present must not be decreased as a result of adding such ingredients. (d) Other optional ingredients. The following safe and suitable ingredients may be used: (1) Cultures, in addition to the characterizing bacterial culture specified in paragraph (a) of this section. (2) Sweeteners. (3) Flavoring ingredients. (4) Color additives. (5) Stabilizers. (6) Emulsifiers. (7) Preservatives. (8) Vitamin addition (optional). (i) If added, vitamin A must be… | |||
| 21:21:2.0.1.1.24.2.1.2 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | B | Subpart B—Requirements for Specific Standardized Milk and Cream | § 131.111 Acidified milk. | FDA | [46 FR 9934, Jan. 30, 1981, as amended at 47 FR 11822, Mar. 19, 1982; 47 FR 41523, Sept. 21, 1982; 48 FR 24869, June 3, 1983; 54 FR 24892, June 12, 1989; 58 FR 2890, Jan. 6, 1993] | (a) Description. Acidified milk is the food produced by souring one or more of the optional dairy ingredients specified in paragraph (c) of this section with one or more of the acidifying ingredients specified in paragraph (d) of this section, with or without the addition of characterizing microbial organisms. One or more of the other optional ingredients specified in paragraphs (b) and (e) of this section may also be added. When one or more of the ingredients specified in paragraph (e)(1) of this section are used, they shall be included in the souring process. All ingredients used are safe and suitable. Acidified milk contains not less than 3.25 percent milkfat and not less than 8.25 percent milk solids not fat and has a titratable acidity of not less than 0.5 percent, expressed as lactic acid. The food may be homogenized and shall be pasteurized or ultra-pasteurized prior to the addition of the microbial culture and, when applicable, the addition of flakes or granules of butterfat or milkfat. (b) Vitamin addition (optional). (1) If added, vitamin A shall be present in such quantity that each 946 milliliters (quart) of the food contains not less than 2,000 International Units thereof, within limits of good manufacturing practice. (2) If added, vitamin D shall be present in such quantity that each 946 milliliters (quart) of the food contains 400 International Units thereof, within limits of good manufacturing practice. (c) Optional dairy ingredients. Cream, milk, partially skimmed milk, or skim milk, used alone or in combination. (d) Optional acidifying ingredients. Acetic acid, adipic acid, citric acid, fumaric acid, glucono- delta- lactone, hydrochloric acid, lactic acid, malic acid, phosphoric acid, succinic acid, and tartaric acid. (e) Other optional ingredients. (1) Concentrated skim milk, nonfat dry milk, buttermilk, whey, lactose, lactalbumins, lactoglobulins, or whey modified by partial or complete removal of lactose and/or minerals, to increase the nonfat solids content of the food: Prov… | |||
| 21:21:2.0.1.1.24.2.1.3 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | B | Subpart B—Requirements for Specific Standardized Milk and Cream | § 131.112 Cultured milk. | FDA | [46 FR 9934, Jan. 30, 1981, as amended at 47 FR 11822, Mar. 19, 1982; 47 FR 41523, Sept. 21, 1982; 48 FR 24869, June 3, 1983; 54 FR 24892, June 12, 1989; 58 FR 2890, Jan. 6, 1993] | (a) Description. Cultured milk is the food produced by culturing one or more of the optional dairy ingredients specified in paragraph (c) of this section with characterizing microbial organisms. One or more of the other optional ingredients specified in paragraphs (b) and (d) of this section may also be added. When one or more of the ingredients specified in paragraph (d)(1) of this section are used, they shall be included in the culturing process. All ingredients used are safe and suitable. Cultured milk contains not less than 3.25 percent milkfat and not less than 8.25 percent milk solids not fat and has a titratable acidity of not less than 0.5 percent, expressed as lactic acid. The food may be homogenized and shall be pasteurized or ultra-pasteurized prior to the addition to the microbial culture, and when applicable, the addition of flakes or granules of butterfat or milkfat. (b) Vitamin addition (optional). (1) If added, vitamin A shall be present in such quantity that each 946 milliliters (quart) of the food contains not less than 2,000 International Units thereof, within limits of good manufacturing practice. (2) If added, vitamin D shall be present in such quantity that each 946 milliliters (quart) of the food contains 400 International Units thereof, within limits of good manufacturing practice. (c) Optional dairy ingredients. Cream, milk, partially skimmed milk, or skim milk, used alone or in combination. (d) Other optional ingredients. (1) Concentrated skim milk, nonfat dry milk, buttermilk, whey, lactose, lactalbumins, lactoglobulins, or whey modified by partial or complete removal of lactose and/or minerals, to increase the nonfat solids content of the food: Provided, That the ratio of protein to total nonfat solids of the food, and the protein efficiency ratio of all protein present, shall not be decreased as a result of adding such ingredients. (2) Nutritive carbohydrate sweeteners. Sugar (sucrose), beet or cane; invert sugar (in paste or sirup form); brown sugar; refiner's sirup; m… | |||
| 21:21:2.0.1.1.24.2.1.4 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | B | Subpart B—Requirements for Specific Standardized Milk and Cream | § 131.115 Concentrated milk. | FDA | [42 FR 14360, Mar. 15, 1977, as amended at 47 FR 11822, Mar. 19, 1982; 48 FR 13024, Mar. 29, 1983; 49 FR 10090, Mar. 19, 1984; 54 FR 24892, June 12, 1989; 58 FR 2890, Jan. 6, 1993] | (a) Description. Concentrated milk is the liquid food obtained by partial removal of water from milk. The milkfat and total milk solids contents of the food are not less than 7.5 and 25.5 percent, respectively. It is pasteurized, but is not processed by heat so as to prevent spoilage. It may be homogenized. (b) Vitamin addition (Optional). If added, vitamin D shall be present in such quantity that each fluid ounce of the food contains 25 International Units thereof, within limits of good manufacturing practice. (c) Optional ingredients. The following safe and suitable optional ingredients may be used: (1) Carrier for vitamin D. (2) Characterizing flavoring ingredients, with or without coloring, as follows: (i) Fruit and fruit juice, including concentrated fruit and fruit juice. (ii) Natural and artificial food flavoring. (d) Methods of analysis. Referenced methods are from “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (1) Milkfat content—“Fat—Official Final Action,” section 16.172. (2) Total milk solids—“Total Solids—Official Final Action,” section 16.169. (3) Vitamin D content—“Vitamin D in Milk—Official Final Action,” sections 43.195-43.208. (e) Nomenclature. The name of the food is “Concentrated milk” or alternatively “Condensed milk”. If the food contains added vitamin D, the phrase “vitamin D” or “vitamin D added” shall accompany the name of the food wherever it appears on the principal display panel or panels of the label in letters not less than one-half the height of the letters used in such name. The word “homogenized” may appear… | |||
| 21:21:2.0.1.1.24.2.1.5 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | B | Subpart B—Requirements for Specific Standardized Milk and Cream | § 131.120 Sweetened condensed milk. | FDA | [43 FR 21670, May 19, 1978, as amended at 47 FR 11823, Mar. 19, 1982; 49 FR 10091, Mar. 19, 1984; 54 FR 24892, June 12, 1989; 58 FR 2890, Jan. 6, 1993] | (a) Description. Sweetened condensed milk is the food obtained by partial removal of water only from a mixture of milk and safe and suitable nutritive carbohydrate sweeteners. The finished food contains not less than 8 percent by weight of milkfat, and not less than 28 percent by weight of total milk solids. The quantity of nutritive carbohydrate sweetener used is sufficient to prevent spoilage. The food is pasteurized and may be homogenized. (b) Optional ingredients. The following safe and suitable characterizing flavoring ingredients, with or without coloring and nutritive carbohydrate sweeteners, may be used: (1) Fruit and fruit juice, including concentrated fruit and fruit juice. (2) Natural and artificial food flavoring. (c) Methods of analysis. The milkfat content is determined by the method prescribed in “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), section 16.185, under “Fat—Official Final Action,” which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (d) Nomenclature. The name of the food is “Sweetened condensed milk.” The word “homogenized” may appear on the label if the food has been homogenized. The name of the food shall include a declaration of the presence of any characterizing flavoring, as specified in § 101.22 of this chapter. (e) Label declaration. Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter. | |||
| 21:21:2.0.1.1.24.2.1.6 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | B | Subpart B—Requirements for Specific Standardized Milk and Cream | § 131.125 Nonfat dry milk. | FDA | [42 FR 14360, Mar. 15, 1977, as amended at 43 FR 19836, May 9, 1978; 47 FR 11823, Mar. 19, 1982; 49 FR 10091, Mar. 19, 1984; 54 FR 24892, June 12, 1989; 58 FR 2890, Jan. 6, 1993] | (a) Description. Nonfat dry milk is the product obtained by removal of water only from pasteurized skim milk. It contains not more than 5 percent by weight of moisture, and not more than 1 1/2 percent by weight of milkfat unless otherwise indicated. (b) Optional ingredients. Safe and suitable characterizing flavoring ingredients (with or without coloring and nutritive carbohydrate sweetener) as follows: (1) Fruit and fruit juice, including concentrated fruit and fruit juice. (2) Natural and artificial food flavorings. (c) Methods of analysis. The following referenced methods of analysis are from “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (1) Milkfat content—“Fat in Dried Milk—Official Final Action,” sections 16.199-16.200. (2) Moisture content—“Moisture—Official Final Action,” section 16.192. (d) Nomenclature. The name of the food is “Nonfat dry milk”. If the fat content is over 1 1/2 percent by weight, the name of the food on the principal display panel or panels shall be accompanied by the statement “Contains __% milkfat”, the blank to be filled in with the percentage to the nearest one-tenth of 1 percent of fat contained, within limits of good manufacturing practice. The name of the food shall include a declaration of the presence of any characterizing flavoring, as specified in § 101.22 of this chapter. (e) Label declaration. Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter. | |||
| 21:21:2.0.1.1.24.2.1.7 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | B | Subpart B—Requirements for Specific Standardized Milk and Cream | § 131.127 Nonfat dry milk fortified with vitamins A and D. | FDA | [42 FR 14360, Mar. 15, 1977, as amended at 43 FR 19836, May 9, 1978; 43 FR 29769, July 11, 1978; 43 FR 36622, Aug. 18, 1978; 47 FR 11823, Mar. 19, 1982; 49 FR 10091, Mar. 19, 1984; 54 FR 24892, June 12, 1989; 58 FR 2890, Jan. 6, 1993] | (a) Description. Nonfat dry milk fortified with vitamins A and D conforms to the standard of identity for nonfat dry milk, except that vitamins A and D are added as prescribed by paragraph (b) of this section. (b) Vitamin addition. (1) Vitamin A is added in such quantity that, when prepared according to label directions, each quart of the reconstituted product contains 2000 International Units thereof. (2) Vitamin D is added in such quantity that, when prepared according to label directions, each quart of the reconstituted product contains 400 International Units thereof. (3) The requirements of this paragraph will be deemed to have been met if reasonable overages, within limits of good manufacturing practice, are present to ensure that the required levels of vitamins are maintained throughout the expected shelf life of the food under customary conditions of distribution. (c) Optional ingredients. The following safe and suitable optional ingredients may be used: (1) Carriers for vitamins A and D. (2) Characterizing flavoring ingredients, with or without coloring and nutritive carbohydrate sweetener, as follows: (i) Fruit and fruit juice, including concentrated fruit and fruit juice. (ii) Natural and artificial food flavorings. (d) Methods of analysis. The following referenced methods of analysis are from “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (1) Milkfat content—“Fat in Dried Milk—Official Final Action,” sections 16.199-16.200. (2) Moisture content—“Moisture—Official Final Action,” section 16.192. (3) Vitamin D content—“Vitamin D—Of… | |||
| 21:21:2.0.1.1.24.2.1.8 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | B | Subpart B—Requirements for Specific Standardized Milk and Cream | § 131.130 Evaporated milk. | FDA | [43 FR 21670, May 19, 1978, as amended at 47 FR 11823, Mar. 19, 1982; 49 FR 10091, Mar. 19, 1984; 54 FR 24892, June 12, 1989; 58 FR 2890, Jan. 6, 1993; 59 FR 17691, Apr. 14, 1994] | (a) Description. Evaporated milk is the liquid food obtained by partial removal of water only from milk. It contains not less than 6.5 percent by weight of milkfat, not less than 16.5 percent by weight of milk solids not fat, and not less than 23 percent by weight of total milk solids. Evaporated milk contains added vitamin D as prescribed by paragraph (b) of this section. It is homogenized. It is sealed in a container and so processed by heat, either before or after sealing, as to prevent spoilage. (b) Vitamin addition. (1) Vitamin D shall be present in such quantity that each fluid ounce of the food contains 25 International Units thereof within limits of good manufacturing practice. (2) Addition of vitamin A is optional, If added, vitamin A shall be present in such quantity that each fluid ounce of the food contains not less than 125 International Units thereof within limits of good maufacturing practice. (c) Optional ingredients. The following safe and suitable ingredients may be used: (1) Carriers for vitamins A and D. (2) Emulsifiers. (3) Stabilizers, with or without dioctyl sodium sulfosuccinate (when permitted by and complying with the provisions of § 172.810 of this chapter) as a solubilizing agent. (4) Characterizing flavoring ingredients, with or without coloring and nutritive carbohydrate sweeteners, as follows: (i) Fruit and fruit juice, including concentrated fruit and fruit juice. (ii) Natural and artificial food flavoring. (d) Methods of analysis. The following referenced methods of analysis are from “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations… | |||
| 21:21:2.0.1.1.24.2.1.9 | 21 | Food and Drugs | I | B | 131 | PART 131—MILK AND CREAM | B | Subpart B—Requirements for Specific Standardized Milk and Cream | § 131.147 Dry whole milk. | FDA | [43 FR 19836, May 9, 1978, as amended at 47 FR 11824, Mar. 19, 1982; 49 FR 10092, Mar. 19, 1984; 54 FR 24893, June 12, 1989; 58 FR 2891, Jan. 6, 1993] | (a) Description. Dry whole milk is the product obtained by removal of water only from pasteurized milk, as defined in § 131.110(a), which may have been homogenized. Alternatively, dry whole milk may be obtained by blending fluid, condensed, or dried nonfat milk with liquid or dried cream or with fluid, condensed, or dried milk, as appropriate, provided the resulting dry whole milk is equivalent in composition to that obtained by the method described in the first sentence of this paragraph. It contains the lactose, milk proteins, milkfat, and milk minerals in the same relative proportions as the milk from which it was made. It contains not less than 26 percent but less than 40 percent by weight of milkfat on an as is basis. It contains not more than 5 percent by weight of moisture on a milk solids not fat basis. (b) Vitamin addition. (1) Addition of vitamin A is optional. If added, vitamin A shall be present in such quantity that, when prepared according to label directions, each quart of the reconstituted product shall contain not less than 2,000 International Units thereof. (2) Addition of vitamin D is optional. If added, vitamin D shall be present in such quantity that, when prepared according to label directions, each quart of the reconstituted product shall contain 400 International Units thereof. (3) The requirements of this paragraph will be met if reasonable overages, within limits of good manufacturing practice, are present to ensure that the required levels of vitamins are maintained throughout the expected shelf life of the food under customary conditions of distribution. (c) Optional ingredients. The following safe and suitable optional ingredients may be used: (1) Carriers for vitamins A and D. (2) Emulsifiers. (3) Stabilizers. (4) Anticaking agents. (5) Antioxidants. (6) Characterizing flavoring ingredients (with or without coloring and nutritive carbohydrate sweetener) as follows: (i) Fruit and fruit juice, including concentrated fruit and fruit juice. (ii) Natural and artificial f… | |||
| 40:40:24.0.1.1.21.1.16.1 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | A | Subpart A—General Provisions | § 131.1 Scope. | EPA | [60 FR 15386, Mar. 23, 1995] | This part describes the requirements and procedures for developing, reviewing, revising, and approving water quality standards by the States as authorized by section 303(c) of the Clean Water Act. Additional specific procedures for developing, reviewing, revising, and approving water quality standards for Great Lakes States or Great Lakes Tribes (as defined in 40 CFR 132.2) to conform to section 118 of the Clean Water Act and 40 CFR part 132, are provided in 40 CFR part 132. | |||
| 40:40:24.0.1.1.21.1.16.2 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | A | Subpart A—General Provisions | § 131.2 Purpose. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 80 FR 51046, Aug. 21, 2015] | A water quality standard defines the water quality goals of a water body, or portion thereof, by designating the use or uses to be made of the water and by setting criteria that protect the designated uses. States adopt water quality standards to protect public health or welfare, enhance the quality of water and serve the purposes of the Clean Water Act (the Act). “Serve the purposes of the Act” (as defined in sections 101(a)(2) and 303(c) of the Act) means that water quality standards should, wherever attainable, provide water quality for the protection and propagation of fish, shellfish and wildlife and for recreation in and on the water and take into consideration their use and value of public water supplies, propagation of fish, shellfish, and wildlife, recreation in and on the water, and agricultural, industrial, and other purposes including navigation. Such standards serve the dual purposes of establishing the water quality goals for a specific water body and serve as the regulatory basis for the establishment of water-quality-based treatment controls and strategies beyond the technology-based levels of treatment required by sections 301(b) and 306 of the Act. | |||
| 40:40:24.0.1.1.21.1.16.3 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | A | Subpart A—General Provisions | § 131.3 Definitions. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 56 FR 64893, Dec. 12, 1991; 59 FR 64344, Dec. 14, 1994; 80 FR 51046, Aug. 21, 2015; 89 FR 35747, May 2, 2024] | (a) The Act means the Clean Water Act (Pub. L. 92-500, as amended (33 U.S.C. 1251 et seq. )). (b) Criteria are elements of State water quality standards, expressed as constituent concentrations, levels, or narrative statements, representing a quality of water that supports a particular use. When criteria are met, water quality will generally protect the designated use. (c) Section 304(a) criteria are developed by EPA under authority of section 304(a) of the Act based on the latest scientific information on the relationship that the effect of a constituent concentration has on particular aquatic species and/or human health. This information is issued periodically to the States as guidance for use in developing criteria. (d) Toxic pollutants are those pollutants listed by the Administrator under section 307(a) of the Act. (e) Existing uses are those uses actually attained in the water body on or after November 28, 1975, whether or not they are included in the water quality standards. (f) Designated uses are those uses specified in water quality standards for each water body or segment whether or not they are being attained. (g) Use attainability analysis is a structured scientific assessment of the factors affecting the attainment of the use which may include physical, chemical, biological, and economic factors as described in § 131.10(g). (h) Water quality limited segment means any segment where it is known that water quality does not meet applicable water quality standards, and/or is not expected to meet applicable water quality standards, even after the application of the technology-based effluent limitations required by sections 301(b) and 306 of the Act. (i) Water quality standards are provisions of State or Federal law which consist of a designated use or uses for the waters of the United States and water quality criteria for such waters based upon such uses. Water quality standards are to protect the public health or welfare, enhance the quality of water and serve the purposes of t… | |||
| 40:40:24.0.1.1.21.1.16.4 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | A | Subpart A—General Provisions | § 131.4 State authority. | EPA | [56 FR 64893, Dec. 12, 1991, as amended at 59 FR 64344, Dec. 14, 1994] | (a) States (as defined in § 131.3) are responsible for reviewing, establishing, and revising water quality standards. As recognized by section 510 of the Clean Water Act, States may develop water quality standards more stringent than required by this regulation. Consistent with section 101(g) and 518(a) of the Clean Water Act, water quality standards shall not be construed to supersede or abrogate rights to quantities of water. (b) States (as defined in § 131.3) may issue certifications pursuant to the requirements of Clean Water Act section 401. Revisions adopted by States shall be applicable for use in issuing State certifications consistent with the provisions of § 131.21(c). (c) Where EPA determines that a Tribe is eligible to the same extent as a State for purposes of water quality standards, the Tribe likewise is eligible to the same extent as a State for purposes of certifications conducted under Clean Water Act section 401. | |||
| 40:40:24.0.1.1.21.1.16.5 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | A | Subpart A—General Provisions | § 131.5 EPA authority. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 56 FR 64894, Dec. 12, 1991; 60 FR 15387, Mar. 23, 1995; 80 FR 51047, Aug. 21, 2015; 89 FR 35747, May 2, 2024] | (a) Under section 303(c) of the Act, EPA is to review and to approve or disapprove State-adopted water quality standards. The review involves a determination of: (1) Whether the State has adopted designated water uses that are consistent with the requirements of the Clean Water Act; (2) Whether the State has adopted criteria that protect the designated water uses based on sound scientific rationale consistent with § 131.11; (3) Whether the State has adopted an antidegradation policy that is consistent with § 131.12, and whether any State adopted antidegradation implementation methods are consistent with § 131.12; (4) Whether any State adopted WQS variance is consistent with § 131.14; (5) Whether any State adopted provision authorizing the use of schedules of compliance for water quality-based effluent limits in NPDES permits is consistent with § 131.15; (6) Whether the State has followed applicable legal procedures for revising or adopting standards; (7) Whether the State standards which do not include the uses specified in section 101(a)(2) of the Act are based upon appropriate technical and scientific data and analyses, and (8) Whether the State submission meets the requirements included in § 131.6 of this part and, for Great Lakes States or Great Lakes Tribes (as defined in 40 CFR 132.2) to conform to section 118 of the Act, the requirements of 40 CFR part 132. (9) Where applicable, whether State adopted water quality standards are consistent with § 131.9. (b) If EPA determines that the State's or Tribe's water quality standards are consistent with the factors listed in paragraphs (a)(1) through (9) of this section, EPA approves the standards. EPA must disapprove the State's or Tribe's water quality standards and promulgate Federal standards under section 303(c)(4), and for Great Lakes States or Great Lakes Tribes under section 118(c)(2)(C) of the Act, if State or Tribal adopted standards are not consistent with the factors listed in paragraphs (a)(1) through (9) of this section. EPA may also promulg… | |||
| 40:40:24.0.1.1.21.1.16.6 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | A | Subpart A—General Provisions | § 131.6 Minimum requirements for water quality standards submission. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 89 FR 35747, May 2, 2024] | The following elements must be included in each State's water quality standards submitted to EPA for review: (a) Use designations consistent with the provisions of sections 101(a)(2) and 303(c)(2) of the Act. (b) Methods used and analyses conducted to support water quality standards revisions. (c) Water quality criteria sufficient to protect the designated uses. (d) An antidegradation policy consistent with § 131.12. (e) Certification by the State Attorney General or other appropriate legal authority within the State that the water quality standards were duly adopted pursuant to State law. (f) General information which will aid the Agency in determining the adequacy of the scientific basis of the standards which do not include the uses specified in section 101(a)(2) of the Act as well as information on general policies applicable to State standards which may affect their application and implementation. (g) Where applicable, information that will aid the Agency in evaluating whether the submission is consistent with § 131.9, including: (1) Any information provided by right holders about relevant Tribal reserved rights and documentation of how that information was considered; and (2) Data and methods used to develop the water quality standards. | |||
| 40:40:24.0.1.1.21.1.16.7 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | A | Subpart A—General Provisions | § 131.7 Dispute resolution mechanism. | EPA | [56 FR 64894, Dec. 12, 1991, as amended at 59 FR 64344, Dec. 14, 1994] | (a) Where disputes between States and Indian Tribes arise as a result of differing water quality standards on common bodies of water, the lead EPA Regional Administrator, as determined based upon OMB circular A-105, shall be responsible for acting in accordance with the provisions of this section. (b) The Regional Administrator shall attempt to resolve such disputes where: (1) The difference in water quality standards results in unreasonable consequences; (2) The dispute is between a State (as defined in § 131.3(j) but exclusive of all Indian Tribes) and a Tribe which EPA has determined is eligible to the same extent as a State for purposes of water quality standards; (3) A reasonable effort to resolve the dispute without EPA involvement has been made; (4) The requested relief is consistent with the provisions of the Clean Water Act and other relevant law; (5) The differing State and Tribal water quality standards have been adopted pursuant to State and Tribal law and approved by EPA; and (6) A valid written request has been submitted by either the Tribe or the State. (c) Either a State or a Tribe may request EPA to resolve any dispute which satisfies the criteria of paragraph (b) of this section. Written requests for EPA involvement should be submitted to the lead Regional Administrator and must include: (1) A concise statement of the unreasonable consequences that are alleged to have arisen because of differing water quality standards; (2) A concise description of the actions which have been taken to resolve the dispute without EPA involvement; (3) A concise indication of the water quality standards provision which has resulted in the alleged unreasonable consequences; (4) Factual data to support the alleged unreasonable consequences; and (5) A statement of the relief sought from the alleged unreasonable consequences. (d) Where, in the Regional Administrator's judgment, EPA involvement is appropriate based on the factors of paragraph (b) of this section, the Regional Administrator shall, within 30… | |||
| 40:40:24.0.1.1.21.1.16.8 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | A | Subpart A—General Provisions | § 131.8 Requirements for Indian Tribes to administer a water quality standards program. | EPA | [56 FR 64895, Dec. 12, 1991, as amended at 59 FR 64344, Dec. 14, 1994] | (a) The Regional Administrator, as determined based on OMB Circular A-105, may accept and approve a tribal application for purposes of administering a water quality standards program if the Tribe meets the following criteria: (1) The Indian Tribe is recognized by the Secretary of the Interior and meets the definitions in § 131.3 (k) and (l), (2) The Indian Tribe has a governing body carrying out substantial governmental duties and powers, (3) The water quality standards program to be administered by the Indian Tribe pertains to the management and protection of water resources which are within the borders of the Indian reservation and held by the Indian Tribe, within the borders of the Indian reservation and held by the United States in trust for Indians, within the borders of the Indian reservation and held by a member of the Indian Tribe if such property interest is subject to a trust restriction on alienation, or otherwise within the borders of the Indian reservation, and (4) The Indian Tribe is reasonably expected to be capable, in the Regional Administrator's judgment, of carrying out the functions of an effective water quality standards program in a manner consistent with the terms and purposes of the Act and applicable regulations. (b) Requests by Indian Tribes for administration of a water quality standards program should be submitted to the lead EPA Regional Administrator. The application shall include the following information: (1) A statement that the Tribe is recognized by the Secretary of the Interior. (2) A descriptive statement demonstrating that the Tribal governing body is currently carrying out substantial governmental duties and powers over a defined area. The statement should: (i) Describe the form of the Tribal government; (ii) Describe the types of governmental functions currently performed by the Tribal governing body such as, but not limited to, the exercise of police powers affecting (or relating to) the health, safety, and welfare of the affected population, taxation, and the exe… | |||
| 40:40:24.0.1.1.21.2.16.1 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | B | Subpart B—Establishment of Water Quality Standards | § 131.9 Protection of Tribal reserved rights. | EPA | [89 FR 35747, May 2, 2024] | (a) Where a right holder has asserted a Tribal reserved right in writing to the State and EPA for consideration in establishment of water quality standards, to the extent supported by available data and information, the State must: (1) Take into consideration the use and value of their waters for protecting the Tribal reserved right in adopting or revising designated uses pursuant to § 131.10; (2) Take into consideration the anticipated future exercise of the Tribal reserved right unsuppressed by water quality in establishing relevant water quality standards; and (3) Establish water quality criteria, consistent with § 131.11, to protect the Tribal reserved right where the State has adopted designated uses that either expressly incorporate protection of or encompass the right. This requirement includes developing criteria to protect right holders using at least the same risk level (e.g., cancer risk level, hazard quotient, or illness rate) as the State would otherwise use to develop criteria to protect the State's general population, paired with exposure inputs (e.g., fish consumption rate) representative of right holders exercising their reserved right. (b) States and right holders may request EPA assistance with evaluating Tribal reserved rights. EPA will provide such assistance to the extent practicable. In providing assistance to States as they adopt and revise water quality standards consistent with paragraph (a) of this section, EPA will engage with right holders. (c) In reviewing State water quality standards submissions under this section, EPA will initiate the Tribal consultation process with the right holders that have asserted their rights for consideration in establishment of water quality standards, consistent with applicable EPA Tribal consultation policies, in determining whether State water quality standards are consistent with paragraph (a) of this section. | |||
| 40:40:24.0.1.1.21.2.16.2 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | B | Subpart B—Establishment of Water Quality Standards | § 131.10 Designation of uses. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 80 FR 51047, Aug. 21, 2015] | (a) Each State must specify appropriate water uses to be achieved and protected. The classification of the waters of the State must take into consideration the use and value of water for public water supplies, protection and propagation of fish, shellfish and wildlife, recreation in and on the water, agricultural, industrial, and other purposes including navigation. If adopting new or revised designated uses other than the uses specified in section 101(a)(2) of the Act, or removing designated uses, States must submit documentation justifying how their consideration of the use and value of water for those uses listed in this paragraph appropriately supports the State's action. A use attainability analysis may be used to satisfy this requirement. In no case shall a State adopt waste transport or waste assimilation as a designated use for any waters of the United States. (b) In designating uses of a water body and the appropriate criteria for those uses, the State shall take into consideration the water quality standards of downstream waters and shall ensure that its water quality standards provide for the attainment and maintenance of the water quality standards of downstream waters. (c) States may adopt sub-categories of a use and set the appropriate criteria to reflect varying needs of such sub-categories of uses, for instance, to differentiate between cold water and warm water fisheries. (d) At a minimum, uses are deemed attainable if they can be achieved by the imposition of effluent limits required under sections 301(b) and 306 of the Act and cost-effective and reasonable best management practices for nonpoint source control. (e) [Reserved] (f) States may adopt seasonal uses as an alternative to reclassifying a water body or segment thereof to uses requiring less stringent water quality criteria. If seasonal uses are adopted, water quality criteria should be adjusted to reflect the seasonal uses, however, such criteria shall not preclude the attainment and maintenance of a more protective use in another s… | |||
| 40:40:24.0.1.1.21.2.16.3 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | B | Subpart B—Establishment of Water Quality Standards | § 131.11 Criteria. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 51047, Aug. 21, 2015] | (a) Inclusion of pollutants: (1) States must adopt those water quality criteria that protect the designated use. Such criteria must be based on sound scientific rationale and must contain sufficient parameters or constituents to protect the designated use. For waters with multiple use designations, the criteria shall support the most sensitive use. (2) Toxic pollutants. States must review water quality data and information on discharges to identify specific water bodies where toxic pollutants may be adversely affecting water quality or the attainment of the designated water use or where the levels of toxic pollutants are at a level to warrant concern and must adopt criteria for such toxic pollutants applicable to the water body sufficient to protect the designated use. Where a State adopts narrative criteria for toxic pollutants to protect designated uses, the State must provide information identifying the method by which the State intends to regulate point source discharges of toxic pollutants on water quality limited segments based on such narrative criteria. Such information may be included as part of the standards or may be included in documents generated by the State in response to the Water Quality Planning and Management Regulations (40 CFR part 130). (b) Form of criteria: In establishing criteria, States should: (1) Establish numerical values based on: (i) 304(a) Guidance; or (ii) 304(a) Guidance modified to reflect site-specific conditions; or (iii) Other scientifically defensible methods; (2) Establish narrative criteria or criteria based upon biomonitoring methods where numerical criteria cannot be established or to supplement numerical criteria. | |||
| 40:40:24.0.1.1.21.2.16.4 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | B | Subpart B—Establishment of Water Quality Standards | § 131.12 Antidegradation policy and implementation methods. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 80 FR 51047, Aug. 21, 2015] | (a) The State shall develop and adopt a statewide antidegradation policy. The antidegradation policy shall, at a minimum, be consistent with the following: (1) Existing instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected. (2) Where the quality of the waters exceeds levels necessary to support the protection and propagation of fish, shellfish, and wildlife and recreation in and on the water, that quality shall be maintained and protected unless the State finds, after full satisfaction of the intergovernmental coordination and public participation provisions of the State's continuing planning process, that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located. In allowing such degradation or lower water quality, the State shall assure water quality adequate to protect existing uses fully. Further, the State shall assure that there shall be achieved the highest statutory and regulatory requirements for all new and existing point sources and all cost-effective and reasonable best management practices for nonpoint source control. (i) The State may identify waters for the protections described in paragraph (a)(2) of this section on a parameter-by-parameter basis or on a water body-by-water body basis. Where the State identifies waters for antidegradation protection on a water body-by-water body basis, the State shall provide an opportunity for public involvement in any decisions about whether the protections described in paragraph (a)(2) of this section will be afforded to a water body, and the factors considered when making those decisions. Further, the State shall not exclude a water body from the protections described in paragraph (a)(2) of this section solely because water quality does not exceed levels necessary to support all of the uses specified in section 101(a)(2) of the Act. (ii) Before allowing any lowering of high water quality, pursuant to para… | |||
| 40:40:24.0.1.1.21.2.16.5 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | B | Subpart B—Establishment of Water Quality Standards | § 131.13 General policies. | EPA | States may, at their discretion, include in their State standards, policies generally affecting their application and implementation, such as mixing zones, low flows and variances. Such policies are subject to EPA review and approval. | ||||
| 40:40:24.0.1.1.21.2.16.6 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | B | Subpart B—Establishment of Water Quality Standards | § 131.14 Water quality standards variances. | EPA | [80 FR 51048, Aug. 21, 2015] | States may adopt WQS variances, as defined in § 131.3(o). Such a WQS variance is subject to the provisions of this section and public participation requirements at § 131.20(b). A WQS variance is a water quality standard subject to EPA review and approval or disapproval. (a) Applicability. (1) A WQS variance may be adopted for a permittee(s) or water body/waterbody segment(s), but only applies to the permittee(s) or water body/waterbody segment(s) specified in the WQS variance. (2) Where a State adopts a WQS variance, the State must retain, in its standards, the underlying designated use and criterion addressed by the WQS variance, unless the State adopts and EPA approves a revision to the underlying designated use and criterion consistent with §§ 131.10 and 131.11. All other applicable standards not specifically addressed by the WQS variance remain applicable. (3) A WQS variance, once adopted by the State and approved by EPA, shall be the applicable standard for purposes of the Act under § 131.21(d) through (e), for the following limited purposes. An approved WQS variance applies for the purposes of developing NPDES permit limits and requirements under 301(b)(1)(C), where appropriate, consistent with paragraph (a)(1) of this section. States and other certifying entities may also use an approved WQS variance when issuing certifications under section 401 of the Act. (4) A State may not adopt WQS variances if the designated use and criterion addressed by the WQS variance can be achieved by implementing technology-based effluent limits required under sections 301(b) and 306 of the Act. (b) Requirements for Submission to EPA. (1) A WQS variance must include: (i) Identification of the pollutant(s) or water quality parameter(s), and the water body/waterbody segment(s) to which the WQS variance applies. Discharger(s)-specific WQS variances must also identify the permittee(s) subject to the WQS variance. (ii) The requirements that apply throughout the term of the WQS variance. The requirements shall represent t… | |||
| 40:40:24.0.1.1.21.2.16.7 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | B | Subpart B—Establishment of Water Quality Standards | § 131.15 Authorizing the use of schedules of compliance for water quality-based effluent limits in NPDES permits. | EPA | [80 FR 51049, Aug. 21, 2015] | If a State intends to authorize the use of schedules of compliance for water quality-based effluent limits in NPDES permits, the State must adopt a permit compliance schedule authorizing provision. Such authorizing provision is a water quality standard subject to EPA review and approval under section 303 of the Act and must be consistent with sections 502(17) and 301(b)(1)(C) of the Act. | |||
| 40:40:24.0.1.1.21.3.16.1 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | C | Subpart C—Procedures for Review and Revision of Water Quality Standards | § 131.20 State review and revision of water quality standards. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 80 FR 51049, Aug. 21, 2015; 89 FR 35748, May 2, 2024] | (a) State review. The State shall from time to time, but at least once every 3 years, hold public hearings for the purpose of reviewing applicable water quality standards adopted pursuant to §§ 131.9 through 131.15 and Federally promulgated water quality standards and, as appropriate, modifying and adopting standards. This review shall include evaluating whether there is any new information available about Tribal reserved rights applicable to State waters that needs to be considered to establish water quality standards consistent with § 131.9. The State shall also re-examine any waterbody segment with water quality standards that do not include the uses specified in section 101(a)(2) of the Act every 3 years to determine if any new information has become available. If such new information indicates that the uses specified in section 101(a)(2) of the Act are attainable, the State shall revise its standards accordingly. Procedures States establish for identifying and reviewing water bodies for review should be incorporated into their Continuing Planning Process. In addition, if a State does not adopt new or revised criteria for parameters for which EPA has published new or updated CWA section 304(a) criteria recommendations, then the State shall provide an explanation when it submits the results of its triennial review to the Regional Administrator consistent with CWA section 303(c)(1) and the requirements of paragraph (c) of this section. (b) Public participation. The State shall hold one or more public hearings for the purpose of reviewing water quality standards as well as when revising water quality standards, in accordance with provisions of State law and EPA's public participation regulation (40 CFR part 25). The proposed water quality standards revision and supporting analyses shall be made available to the public prior to the hearing. (c) Submittal to EPA. The State shall submit the results of the review, any supporting analysis for the use attainability analysis, the methodologies used for site-spe… | |||
| 40:40:24.0.1.1.21.3.16.2 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | C | Subpart C—Procedures for Review and Revision of Water Quality Standards | § 131.21 EPA review and approval of water quality standards. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 60 FR 15387, Mar. 23, 1995; 65 FR 24653, Apr. 27, 2000] | (a) After the State submits its officially adopted revisions, the Regional Administrator shall either: (1) Notify the State within 60 days that the revisions are approved, or (2) Notify the State within 90 days that the revisions are disapproved. Such notification of disapproval shall specify the changes needed to assure compliance with the requirements of the Act and this regulation, and shall explain why the State standard is not in compliance with such requirements. Any new or revised State standard must be accompanied by some type of supporting analysis. (b) The Regional Administrator's approval or disapproval of a State water quality standard shall be based on the requirements of the Act as described in §§ 131.5 and 131.6, and, with respect to Great Lakes States or Tribes (as defined in 40 CFR 132.2), 40 CFR part 132. (c) How do I determine which water quality standards are applicable for purposes of the Act? You may determine which water quality standards are applicable water quality standards for purposes of the Act from the following table: (d) When do I use the applicable water quality standards identified in paragraph (c) above? Applicable water quality standards for purposes of the Act are the minimum standards which must be used when the CWA and regulations implementing the CWA refer to water quality standards, for example, in identifying impaired waters and calculating TMDLs under section 303(d), developing NPDES permit limitations under section 301(b)(1)(C), evaluating proposed discharges of dredged or fill material under section 404, and in issuing certifications under section 401 of the Act. (e) For how long does an applicable water quality standard for purposes of the Act remain the applicable water quality standard for purposes of the Act? A State or authorized Tribe's applicable water quality standard for purposes of the Act remains the applicable standard until EPA approves a change, deletion, or addition to that water quality standard, or until EPA promulgates a more stringent wat… | |||
| 40:40:24.0.1.1.21.3.16.3 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | C | Subpart C—Procedures for Review and Revision of Water Quality Standards | § 131.22 EPA promulgation of water quality standards. | EPA | [48 FR 51405, Nov. 8, 1983, as amended at 80 FR 51049, Aug. 21, 2015 | (a) If the State does not adopt the changes specified by the Regional Administrator within 90 days after notification of the Regional Administrator's disapproval, the Administrator shall promptly propose and promulgate such standard. (b) The Administrator may also propose and promulgate a regulation, applicable to one or more navigable waters, setting forth a new or revised standard upon determining such a standard is necessary to meet the requirements of the Act. To constitute an Administrator's determination that a new or revised standard is necessary to meet the requirements of the Act, such determination must: (1) Be signed by the Administrator or his or her duly authorized delegate, and (2) Contain a statement that the document constitutes an Administrator's determination under section 303(c)(4)(B) of the Act. (c) In promulgating water quality standards, the Administrator is subject to the same policies, procedures, analyses, and public participation requirements established for States in these regulations. | |||
| 40:40:24.0.1.1.21.4.16.1 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.31 Arizona. | EPA | [41 FR 25000, June 22, 1976; 41 FR 48737, Nov. 5, 1976. Redesignated and amended at 42 FR 56740, Oct. 28, 1977. Further redesignated and amended at 48 FR 51408, Nov. 8, 1983; 61 FR 20693, May 7, 1996; 68 FR 62744, Nov. 6, 2003] | (a) [Reserved] (b) The following waters have, in addition to the uses designated by the State, the designated use of fish consumption as defined in R18-11-101 (which is available from the Arizona Department of Environmental Quality, Water Quality Division, 3033 North Central Ave., Phoenix, AZ 85012): COLORADO MAIN STEM RIVER BASIN: MIDDLE GILA RIVER BASIN: SAN PEDRO RIVER BASIN: SANTA CRUZ RIVER BASIN: UPPER GILA RIVER BASIN (c) To implement the requirements of R18-11-108.A.5 with respect to effects of mercury on wildlife, EPA (or the State with the approval of EPA) shall implement a monitoring program to assess attainment of the water quality standard. | |||
| 40:40:24.0.1.1.21.4.16.10 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.41 Bacteriological criteria for those states not complying with Clean Water Act section 303(i)(1)(A). | EPA | [69 FR 67242, Nov. 16, 2004] | (a) Scope. This section is a promulgation of the Clean Water Act section 304(a) criteria for bacteria for coastal recreation waters in specific States. It is not a general promulgation of the Clean Water Act section 304(a) criteria for bacteria. This section also contains a compliance schedule provision. (b) Definitions. (1) Coastal Recreation Waters are the Great Lakes and marine coastal waters (including coastal estuaries) that are designated under section 303(c) of the Clean Water Act for use for swimming, bathing, surfing, or similar water contact activities. Coastal recreation waters do not include inland waters or waters upstream from the mouth of a river or stream having an unimpaired natural connection with the open sea. (2) Designated bathing beach waters are those coastal recreation waters that, during the recreation season, are heavily-used (based upon an evaluation of use within the State) and may have: a lifeguard, bathhouse facilities, or public parking for beach access. States may include any other waters in this category even if the waters do not meet these criteria. (3) Moderate use coastal recreation waters are those coastal recreation waters that are not designated bathing beach waters but typically, during the recreation season, are used by at least half of the number of people as at typical designated bathing beach waters within the State. States may also include light use or infrequent use coastal recreation waters in this category. (4) Light use coastal recreation waters are those coastal recreation waters that are not designated bathing beach waters but typically, during the recreation season, are used by less than half of the number of people as at typical designated bathing beach waters within the State, but are more than infrequently used. States may also include infrequent use coastal recreation waters in this category. (5) Infrequent use coastal recreation waters are those coastal recreation waters that are rarely or occasionally used. (6) New pathogen discharger … | |||
| 40:40:24.0.1.1.21.4.16.11 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.42 Antidegradation Implementation Methods for the Commonwealth of Puerto Rico. | EPA | [72 FR 70524, Dec. 12, 2007] | (a) General Policy Statement. (1) All point sources of pollution are subject to an antidegradation review. (2) An antidegradation review shall be initiated as part of the Section 401—“Water Quality Certification Process” of the Clean Water Act. (3) The 401 Certification Process shall follow the procedures established by the February 2, 1989 Resolution R-89-2-2 of the Governing Board of the Puerto Rico Environmental Quality Board (EQB). (4) The following are not subject to an antidegradation review due to the fact that they are nondischarge systems and are managed by specific applicable Puerto Rico regulations: (i) All nonpoint sources of pollutants. (ii) Underground Storage Tanks. (iii) Underground Injection Facilities. (5) The protection of water quality shall include the maintenance, migration, protection, and propagation of desirable species, including threatened and endangered species identified in the local and federal regulations. (b) Definitions. (1) All the definitions included in Article 1 of the Puerto Rico Water Quality Standards Regulation (PRWQSR), as amended, are applicable to this procedure. (2) High Quality Waters: (i) Are waters whose quality is better than the mandatory minimum level to support the CWA Section 101(a)(2) goals of propagation of fish, shellfish, wildlife and recreation in and on the waters. High Quality Waters are to be identified by EQB on a parameter-by-parameter basis. (ii) [Reserved] (3) Outstanding National Resources Waters (ONRWs): (i) Are waters classified as SA or SE in the PRWQSR, as amended, or any other water designated by Resolution of the Governing Board of EQB. ONRWs are waters that are recreationally or ecologically important, unique or sensitive. (ii) [Reserved] (c) Antidegradation Review Procedure. (1) The antidegradation review will commence with the submission of the CWA Section 401 water quality certification request. EQB uses a parameter-by-parameter approach for the implementation of the anti-degradation policy and will review each parame… | |||
| 40:40:24.0.1.1.21.4.16.12 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.43 Maine. | EPA | [81 FR 92487, Dec. 19, 2016, as amended at 85 FR 82939, Dec. 21, 2020] | (a) Bacteria criteria for waters in Indian lands. (1) The bacteria content of Class AA and Class A waters shall be as naturally occurs, and the minimum number of Escherichia coli bacteria shall not exceed a geometric mean of 100 colony-forming units per 100 milliliters (cfu/100 ml) in any 30-day interval; nor shall 320 cfu/100 ml be exceeded more than 10% of the time in any 30-day interval. (2) In Class B, Class C, and Class GPA waters, the number of Escherichia coli bacteria shall not exceed a geometric mean of 100 colony forming units per 100 milliliters (cfu/100 ml) in any 30- day interval; nor shall 320 cfu/100 ml be exceeded more than 10% of the time in any 30-day interval. (3) The bacteria content of Class SA waters shall be as naturally occurs, and the number of Enterococcus spp. bacteria shall not exceed a geometric mean of 30 cfu/100 ml in any 30-day interval, nor shall 110 cfu/100 ml be exceeded more than 10% of the time in any 30-day interval. (4) In Class SA shellfish harvesting areas, the numbers of total coliform bacteria or other specified indicator organisms in samples representative of the waters in shellfish harvesting areas may not exceed the criteria recommended under the National Shellfish Sanitation Program, United States Food and Drug Administration, as set forth in the Guide for the Control of Molluscan Shellfish, 2015 Revision. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from the U.S. Food and Drug Administration Center for Food Safety and Applied Nutrition, Shellfish and Aquaculture Policy Branch, 5100 Paint Branch Parkway (HFS-325), College Park, MD 20740 or http://www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2006754.htm . You may inspect a copy at the U.S. Environmental Protection Agency Docket Center Reading Room, William Jefferson Clinton West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004, (202) 566-1744, or at the Nati… | |||
| 40:40:24.0.1.1.21.4.16.13 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.44 Florida. | EPA | [77 FR 46303, Aug. 3, 2012] | (a) Phosphorus Rule. (1) The document entitled “Florida Administrative Code, Chapter 62-302, Surface Water Quality Standards, Section 62-302.540, Water Quality Standards for Phosphorus Within the Everglades Protection Area, Amended May 25, 2005, as annotated by EPA” (Phosphorus Rule), is incorporated by reference as described in paragraph (a)(2). EPA is not incorporating the full text of this document, but correcting specified portions of the Phosphorus Rule as directed by a federal district court as indicated by the strikeout markings. The EPA is only incorporating by reference these crossed-out portions in the Florida Administrative Code 62-302.540. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a). Copies of the document may be inspected and obtained from the docket associated with this rulemaking (Docket Number EPA-HQ-OW-2011-0515) at http://www.regulations.gov electronically, at EPA's Water Docket (Address: 1301 Constitution Avenue NW., EPA West, Room B102, Washington, DC 20460, telephone number: 202-566-2426), at the National Archives and Records Administration (NARA), and finally, on the EPA Web site associated with this rulemaking at http://water.epa.gov/lawsregs/rulesregs/floridaeverglades_index.cfm. For information on the availability of this material at NARA, call 202-741-6030, or go to the following Web site http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. EPA adopts and identifies the portions of the document that have strikeout markings as portions of the Phosphorus Rule that EPA disapproved on December 3, 2009, and that are not applicable water quality standards for the purposes of the Clean Water Act. Remaining portions of the Phosphorus Rule that EPA had previously approved are applicable water quality standards for the purposes of the Clean Water Act but are not codified as federal regulations. (2) In the Phosphorus Rule, strike the following text: (i) The entire paragraph (1)(a); (i… | |||
| 40:40:24.0.1.1.21.4.16.14 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.45 Revision of certain Federal water quality criteria applicable to Washington. | EPA | [81 FR 85435, Nov. 28, 2016, as amended at 85 FR 28492, May 13, 2020; 87 FR 69198, Nov. 18, 2022] | (a) Scope. This section promulgates human health criteria for priority toxic pollutants in surface waters in Washington. (b) Criteria for priority toxic pollutants in Washington. The applicable human health criteria are shown in table 1 to this paragraph (b). (c) Applicability. (1) The criteria in paragraph (b) of this section apply to waters with Washington's designated uses cited in paragraph (d) of this section and apply concurrently with other applicable water quality criteria. (2) The criteria established in this section are subject to Washington's general rules of applicability in the same way and to the same extent as are other federally promulgated and state-adopted numeric criteria when applied to the same use classifications in paragraph (d) of this section. (i) For all waters with mixing zone regulations or implementation procedures, the criteria apply at the appropriate locations within or at the boundary of the mixing zones; otherwise the criteria apply throughout the waterbody including at the end of any discharge pipe, conveyance or other discharge point within the waterbody. (ii) The state must not use a low flow value below which numeric non-carcinogen and carcinogen human health criteria can be exceeded that is less stringent than the harmonic mean flow for waters suitable for the establishment of low flow return frequencies ( i.e., streams and rivers). Harmonic mean flow is a long-term mean flow value calculated by dividing the number of daily flows analyzed by the sum of the reciprocals of those daily flows. (iii) If the state does not have such a low flow value for numeric criteria, then none will apply and the criteria in paragraph (b) of this section herein apply at all flows. (d) Applicable use designations. (1) All waters in Washington assigned to the following use classifications are subject to the criteria identified in paragraph (d)(2) of this section: (i) Fresh waters— (A) Miscellaneous uses: Harvesting (Fish harvesting); (B) Recreational uses; (C) Water supply use… | |||
| 40:40:24.0.1.1.21.4.16.15 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.46 Aquatic life criterion for cadmium in Oregon. | EPA | [82 FR 9173, Feb. 3, 2017] | (a) Scope. This section promulgates an acute aquatic life criterion for cadmium in freshwaters in Oregon. (b) Criterion for cadmium in Oregon. The aquatic life criterion in Table 1 applies to all freshwaters in Oregon where fish and aquatic life are a designated use. Table 1—Cadmium Aquatic Life Criterion for Oregon Freshwaters 1 The criterion for cadmium is expressed as the dissolved metal concentration. 2 CF is the conversion factor used to convert between the total recoverable and dissolved forms of cadmium. The term (ln hardness) in the CMC and the CF equation is the natural logarithm of the ambient hardness in mg/L (CaCO 3 ). The default hardness concentrations from the applicable ecoregion in Table 2 of paragraph (c) of this section shall be used to calculate cadmium criteria in the absence of sufficiently representative ambient hardness data. 3 The CMC is the highest allowable one-hour average instream concentration of cadmium. The CMC is not to be exceeded more than once every three years. The CMC is rounded to two significant figures. (c) Estimated Values To Calculate Cadmium Criteria. The default inputs to calculate cadmium criteria in the absence of sufficiently representative ambient data are shown in Table 2. Table 2—Hardness Defaults Within Each Level III Ecoregion in Oregon (d) Applicability. (1) The criterion in paragraph (b) of this section applies to freshwaters in Oregon where fish and aquatic life are a designated use, and applies concurrently with other applicable water quality criteria. (2) The criterion established in this section is subject to Oregon's general rules of applicability in the same way and to the same extent as are other federally promulgated and state-adopted numeric criteria when applied to freshwaters in Oregon where fish and aquatic life are a designated use. (i) For all waters with mixing zone regulations or implementation procedures, the criterion applies at the appropriate locations within or at the boundary of the mixing zones and outside of the mi… | |||
| 40:40:24.0.1.1.21.4.16.16 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.47 Aquatic life criteria for aluminum in Oregon. | EPA | [86 FR 14845, Mar. 19, 2021] | (a) Scope. This section promulgates aquatic life criteria for aluminum in fresh waters in Oregon that are jurisdictional under the Clean Water Act. (b) Criteria for aluminum in Oregon. The aquatic life criteria in Table 1 to this paragraph (b) apply to all fresh waters in Oregon that are jurisdictional under the Clean Water Act to protect the fish and aquatic life designated uses. Table 1 to Paragraph (b) —Aluminum Aquatic Life Criteria for Oregon Fresh Waters 1 To apply the aluminum criteria for Clean Water Act purposes, criteria values based on ambient water chemistry conditions must protect the water body over the full range of water chemistry conditions, including during conditions when aluminum is most toxic. 2 These criteria are based on aluminum toxicity studies where aluminum was analyzed using total recoverable analytical methods. Oregon may utilize total recoverable analytical methods to implement the criteria. For characterizing ambient waters, Oregon may also utilize, as scientifically appropriate and as allowable by State and Federal regulations, analytical methods that measure the bioavailable fraction of aluminum ( e.g., utilizing a less aggressive initial acid digestion, such as to a pH of approximately 4 or lower, that includes the measurement of amorphous aluminum hydroxide yet minimizes the measurement of mineralized forms of aluminum such as aluminum silicates associated with suspended sediment particles or clays). Oregon shall use measurements of total recoverable aluminum where required by Federal regulations. 3 The CMC is the highest allowable one-hour average ambient concentration of aluminum. The CMC is not to be exceeded more than once every three years. The CMC is rounded to two significant figures. 4 The CCC is the highest allowable four-day average ambient concentration of aluminum. The CCC is not to be exceeded more than once every three years. The CCC is rounded to two significant figures. 5 EPA-822-R-18-001, Final Aquatic Life Ambient Water Quality Criteria for Al… | |||
| 40:40:24.0.1.1.21.4.16.17 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.48 Water quality standards to protect aquatic life in the Delaware River. | EPA | [90 FR 46508, Sept. 29, 2025] | (a) Scope . (1) The designated use in paragraph (b) of this section applies to river miles 108.4 to 70.0 of the mainstem Delaware River for the States of New Jersey and Pennsylvania. (2) The aquatic life criteria in paragraph (c) of this section apply to river miles 108.4 to 70.0 of the mainstem Delaware River for the States of Delaware, New Jersey, and Pennsylvania. (b) Aquatic life designated use . The aquatic life designated use is protection and propagation of resident and migratory aquatic life. (c) Dissolved oxygen criteria . The applicable dissolved oxygen criteria are shown in table 1 to this paragraph (c). Table 1 to Paragraph ( c )—Dissolved Oxygen Criteria (d) Applicability . (1) The aquatic life designated use in paragraph (b) of this section applies concurrently with other applicable designated uses in New Jersey and Pennsylvania for river miles 108.4 to 70.0 of the mainstem Delaware River. (2) The dissolved oxygen aquatic life water quality criteria in paragraph (c) of this section are the applicable dissolved oxygen criteria in Delaware, New Jersey, and Pennsylvania for river miles 108.4 to 70.0 of the mainstem Delaware River and apply concurrently with other applicable water quality criteria. (3) The designated use and criteria established are subject to Delaware's, New Jersey's, and Pennsylvania's general rules of applicability in the same way and to the same extent as are other federally promulgated and State-adopted water quality standards in those States. | |||
| 40:40:24.0.1.1.21.4.16.2 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.32 [Reserved] | EPA | |||||
| 40:40:24.0.1.1.21.4.16.3 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.33 Idaho. | EPA | [62 FR 41183, July 31, 1997, as amended at 67 FR 11248, Mar. 13, 2002; 73 FR 65739, Nov. 5, 2008] | (a) Temperature criteria for bull trout. (1) Except for those streams or portions of streams located in Indian country, or as may be modified by the Regional Administrator, EPA Region X, pursuant to paragraph (a)(3) of this section, a temperature criterion of 10 °C, expressed as an average of daily maximum temperatures over a seven-day period, applies to the waterbodies identified in paragraph (a)(2) of this section during the months of June, July, August and September. (2) The following waters are protected for bull trout spawning and rearing: (i) BOISE-MORE BASIN: Devils Creek, East Fork Sheep Creek, Sheep Creek. (ii) BROWNLEE RESERVOIR BASIN: Crooked River, Indian Creek. (iii) CLEARWATER BASIN: Big Canyon Creek, Cougar Creek, Feather Creek, Laguna Creek, Lolo Creek, Orofino Creek, Talapus Creek, West Fork Potlatch River. (iv) COEUR D'ALENE LAKE BASIN: Cougar Creek, Fernan Creek, Kid Creek, Mica Creek, South Fork Mica Creek, Squaw Creek, Turner Creek. (v) HELLS CANYON BASIN: Dry Creek, East Fork Sheep Creek, Getta Creek, Granite Creek, Kurry Creek, Little Granite Creek, Sheep Creek. (vi) LEMHI BASIN: Adams Creek, Alder Creek, Basin Creek, Bear Valley Creek, Big Eightmile Creek, Big Springs Creek, Big Timber Creek, Bray Creek, Bull Creek, Cabin Creek, Canyon Creek, Carol Creek, Chamberlain Creek, Clear Creek, Climb Creek, Cooper Creek, Dairy Creek, Deer Creek, Deer Park Creek, East Fork Hayden Creek, Eighteenmile Creek, Falls Creek, Ferry Creek, Ford Creek, Geertson Creek, Grove Creek, Hawley Creek, Hayden Creek, Kadletz Creek, Kenney Creek, Kirtley Creek, Lake Creek, Lee Creek, Lemhi River (above Big Eightmile Creek), Little Eightmile Creek, Little Mill Creek, Little Timber Creek, Middle Fork Little Timber Creek, Milk Creek, Mill Creek, Mogg Creek, North Fork Kirtley Creek, North Fork Little Timber Creek, Paradise Creek, Patterson Creek, Payne Creek, Poison Creek, Prospect Creek, Rocky Creek, Short Creek, Squaw Creek, Squirrel Creek, Tobias Creek, Trail Creek, West Fork Hayden Creek, Wright Creek. (vi… | |||
| 40:40:24.0.1.1.21.4.16.4 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.34 Kansas. | EPA | [68 FR 40442, July 7, 2003, as amended at 80 FR 51050, Aug. 21, 2015] | (a) In addition to the State-adopted use designations, the following water body segment in Kansas is designated for an expected aquatic life use: (b) In addition to the State-adopted use designations, the following water body segments and lakes in Kansas are designated for recreation uses as specified in the following table: (c) Water quality standard variances. The Regional Administrator, EPA Region 7, is authorized to grant variances from the water quality standards in paragraphs (a) and (b) of this section where the requirements of § 131.14 are met. | |||
| 40:40:24.0.1.1.21.4.16.5 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.35 Colville Confederated Tribes Indian Reservation. | EPA | [54 FR 28625, July 6, 1989] | The water quality standards applicable to the waters within the Colville Indian Reservation, located in the State of Washington. (a) Background. (1) It is the purpose of these Federal water quality standards to prescribe minimum water quality requirements for the surface waters located within the exterior boundaries of the Colville Indian Reservation to ensure compliance with section 303(c) of the Clean Water Act. (2) The Colville Confederated Tribes have a primary interest in the protection, control, conservation, and utilization of the water resources of the Colville Indian Reservation. Water quality standards have been enacted into tribal law by the Colville Business Council of the Confederated Tribes of the Colville Reservation, as the Colville Water Quality Standards Act, CTC Title 33 (Resolution No. 1984-526 (August 6, 1984) as amended by Resolution No. 1985-20 (January 18, 1985)). (b) Territory covered. The provisions of these water quality standards shall apply to all surface waters within the exterior boundaries of the Colville Indian Reservation. (c) Applicability, Administration and Amendment. (1) The water quality standards in this section shall be used by the Regional Administrator for establishing any water quality based National Pollutant Discharge Elimination System Permit (NPDES) for point sources on the Colville Confederated Tribes Reservation. (2) In conjunction with the issuance of section 402 or section 404 permits, the Regional Administrator may designate mixing zones in the waters of the United States on the reservation on a case-by-case basis. The size of such mixing zones and the in-zone water quality in such mixing zones shall be consistent with the applicable procedures and guidelines in EPA's Water Quality Standards Handbook and the Technical Support Document for Water Quality Based Toxics Control. (3) Amendments to the section at the request of the Tribe shall proceed in the following manner. (i) The requested amendment shall first be duly approved by the Confederated Tri… | |||
| 40:40:24.0.1.1.21.4.16.6 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.36 Toxics criteria for those states not complying with Clean Water Act section 303(c)(2)(B). | EPA | [57 FR 60910, Dec. 22, 1992] | (a) Scope. This section is not a general promulgation of the section 304(a) criteria for priority toxic pollutants but is restricted to specific pollutants in specific States. (b)(1) EPA's Section 304(a) criteria for Priority Toxic Pollutants. Footnotes a. Criteria revised to reflect current agency q 1 * or RfD, as contained in the Integrated Risk Information System (IRIS). The fish tissue bioconcentration factor (BCF) from the 1980 criteria documents was retained in all cases. b. The criteria refers to the inorganic form only. c. Criteria in the matrix based on carcinogenicity (10 −6 risk). For a risk level of 10 −5 , move the decimal point in the matrix value one place to the right. d. Criteria Maximum Concentration (CMC) = the highest concentration of a pollutant to which aquatic life can be exposed for a short period of time (1-hour average) without deleterious effects. Criteria Continuous Concentration (CCC) = the highest concentration of a pollutant to which aquatic life can be exposed for an extended period of time (4 days) without deleterious effects. µg/L = micrograms per liter. e. Freshwater aquatic life criteria for these metals are expressed as a function of total hardness (mg/L as CaCO 3 ), the pollutant's water effect ratio (WER) as defined in § 131.36(c) and multiplied by an appropriate dissolved conversion factor as defined in § 131.36(b)(2). For comparative purposes, the values displayed in this matrix are shown as dissolved metal and correspond to a total hardness of 100 mg/L and a water effect ratio of 1.0. f. Freshwater aquatic life criteria for pentachlorophenol are expressed as a function of pH, and are calculated as follows. Values displayed above in the matrix correspond to a pH of 7.8. CMC = exp(1.005(pH)−4.830) CCC = exp(1.005(pH)−5.290) g. Aquatic life criteria for these compounds were issued in 1980 utilizing the 1980 Guidelines for criteria development. The acute values shown are final acute values (FAV) which by the 1980 Guidelines are instant… | |||
| 40:40:24.0.1.1.21.4.16.7 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.37 California. | EPA | [60 FR 4707, Jan. 24, 1995] | (a) Additional criteria. The following criteria are applicable to waters specified in the Water Quality Control Plan for Salinity for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary, adopted by the California State Water Resources Control Board in State Board Resolution No. 91-34 on May 1, 1991: (1) Estuarine habitat criteria. (i) General rule. (A) Salinity (measured at the surface) shall not exceed 2640 micromhos/centimeter specific conductance at 25 °C (measured as a 14-day moving average) at the Confluence of the Sacramento and San Joaquin Rivers throughout the period each year from February 1 through June 30, and shall not exceed 2640 micromhos/centimeter specific conductance at 25 °C (measured as a 14-day moving average) at the specific locations noted in Table 1 near Roe Island and Chipps Island for the number of days each month in the February 1 to June 30 period computed by reference to the following formula: Number of days required in Month X = Total number of days in Month × * (1 − 1/(1 + e K ) where K = A + (B*natural logarithm of the previous month's 8-River Index); A and B are determined by reference to Table 1 for the Roe Island and Chipps Island locations; x is the calendar month in the February 1 to June 30 period; and e is the base of the natural (or Napierian) logarithm. where K = A + (B*natural logarithm of the previous month's 8-River Index); A and B are determined by reference to Table 1 for the Roe Island and Chipps Island locations; x is the calendar month in the February 1 to June 30 period; and e is the base of the natural (or Napierian) logarithm. Where the number of days computed in this equation in paragraph (a)(1)(i)(A) of this section shall be rounded to the nearest whole number of days. When the previous month's 8-River Index is less than 500,000 acre-feet, the number of days required for the current month shall be zero. Table 1. Constants applicable to each of the monthly equations to determine monthly requirements described. 1 Coefficie… | |||
| 40:40:24.0.1.1.21.4.16.8 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.38 Establishment of numeric criteria for priority toxic pollutants for the State of California. | EPA | [65 FR 31711, May 18, 2000, as amended at 66 FR 9961, Feb. 13, 2001; 68 FR 62747, Nov. 6, 2003; 78 FR 20255, Apr. 4, 2013; 83 FR 52166, Oct. 16, 2018; 89 FR 101928, Dec. 17, 2024] | (a) Scope. This section promulgates criteria for priority toxic pollutants in the State of California for inland surface waters and enclosed bays and estuaries. This section also contains a compliance schedule provision. (b) Criteria. (1) Criteria for priority toxic pollutants in the State of California as described in table 1 to this paragraph (b)(1): (i) California Freshwater Selenium Ambient Chronic Water Quality Criterion for Protection of Aquatic Life and Aquatic-Dependent Wildlife. (ii) Priority toxic pollutants. Table 1 to this paragraph (b)(1) lists all of the EPA's priority toxic pollutants whether or not criteria guidance are available. Blank spaces indicate the absence of national criteria guidance under CWA section 304(a). Because of variations in chemical nomenclature systems, this listing of toxic pollutants does not duplicate the listing in appendix A to 40 CFR part 423. The EPA has added the Chemical Abstracts Service (CAS) registry numbers, which provide a unique identification for each chemical. (iii) Criteria recommendations not included in table 1 to this paragraph (b)(1). The following chemicals have organoleptic-based criteria recommendations that are not included in table 1: zinc, 3-methyl-4-chlorophenol. (iv) Freshwater and saltwater aquatic life criteria. Freshwater and saltwater aquatic life criteria apply as specified in paragraph (c)(3) of this section. (2) Factors for Calculating Metals Criteria. Final CMC and CCC values should be rounded to two significant figures. (i) CMC = WER × ( Acute Conversion Factor) × (exp{ m A [1n ( hardness )] + b A }) (ii) CCC = WER × ( Chronic Conversion Factor ) × (exp{ m C [ln( hardness )] + b C }) (iii) Table 1 to paragraph (b)(2) of this section: Note to Table 1: The term “exp” represents the base e exponential function. (iv) Table 2 to paragraph (b)(2) of this section: Footnotes to table 2 of paragraph( b )(2): a Conversion Factors for chronic marine criteria are not currently available. Conversion Factors for ac… | |||
| 40:40:24.0.1.1.21.4.16.9 | 40 | Protection of Environment | I | D | 131 | PART 131—WATER QUALITY STANDARDS | D | Subpart D—Federally Promulgated Water Quality Standards | § 131.40 Puerto Rico | EPA | [69 FR 3524, Jan. 26, 2004, as amended at 80 FR 51050, Aug. 21, 2015] | (a) Use designations for marine waters. In addition to the Commonwealth's adopted use designations, the following waterbodies in Puerto Rico have the beneficial use designated in this paragraph (a) within the bays specified below, and within the Commonwealth's territorial seas, as defined in section 502(8) of the Clean Water Act, and 33 CFR 2.05-5, except such waters classified by the Commonwealth as SB. (b) Criteria that apply to Puerto Rico's marine waters. In addition to all other Commonwealth criteria, the following criteria for bacteria apply to the waterbodies in paragraph (a) of this section: Bacteria: The fecal coliform geometric mean of a series of representative samples (at least five samples) of the waters taken sequentially shall not exceed 200 colonies/100 ml, and not more than 20 percent of the samples shall exceed 400 colonies/100 ml. The enterococci density in terms of geometric mean of at least five representative samples taken sequentially shall not exceed 35/100 ml. No single sample should exceed the upper confidence limit of 75% using 0.7 as the log standard deviation until sufficient site data exist to establish a site-specific log standard deviation. (c) Water quality standard variances. The Regional Administrator, EPA Region 2, is authorized to grant variances from the water quality standards in paragraphs (a) and (b) of this section where the requirements of § 131.14 are met. | |||
| 46:46:4.0.1.5.34.1.45.1 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | A | Subpart A—General Provisions; Notice of Casualty and Records of Voyage | § 131.100 Preemptive effect. | USCG | [USCG-2006-24797, 77 FR 33884, June 7, 2012] | The regulations in this part have preemptive effect over State or local regulations in the same field. | |||
| 46:46:4.0.1.5.34.1.45.2 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | A | Subpart A—General Provisions; Notice of Casualty and Records of Voyage | § 131.101-131.109 [Reserved] | USCG | |||||
| 46:46:4.0.1.5.34.1.45.3 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | A | Subpart A—General Provisions; Notice of Casualty and Records of Voyage | § 131.110 Notice and records. | USCG | Each vessel must meet the requirements of part 4 of this chapter for reporting marine casualties and retaining voyage records. | ||||
| 46:46:4.0.1.5.34.2.45.1 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | B | Subpart B—Markings on Vessels | § 131.210 Hulls. | USCG | The hull of each vessel must be marked as required by parts 67 and 69 of this chapter. | ||||
| 46:46:4.0.1.5.34.2.45.2 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | B | Subpart B—Markings on Vessels | § 131.220 Drafts. | USCG | (a) Each vessel must have the drafts of the vessel plainly and legibly marked upon the stem and upon the sternpost or rudderpost, or at any place at the stern of the vessel that may be necessary for easy observance. The bottom of each mark must indicate the draft. (b) Each draft must be taken from the bottom of the keel to the surface of the water at the location of the marks. (c) When, because of raked stem or cutaway skeg, the keel does not extend forward or aft to the draft markings, the datum line from which the draft is taken must be the line of the bottom of the keel projected forward or aft, as the case may be, to where the line meets that of the draft markings projected downward. (d) When a skeg or other appendage extends below the line of the keel, the draft at the end of the vessel adjacent to that appendage must be measured to a line tangent to the lowest part of the appendage and parallel to the line of the bottom of the keel. (e) Drafts must be separated so that the projections of the marks onto a vertical plane are of uniform height, equal to the vertical spacing between consecutive marks. (f) Marks must be painted in a color contrasting with that of the hull. (g) Where marks are obscured because of operational constraints or by protrusions, the vessel must be fitted with a reliable draft-indicating system from which the drafts at bow and stern can be determined. | ||||
| 46:46:4.0.1.5.34.2.45.3 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | B | Subpart B—Markings on Vessels | § 131.230 Loadlines and decklines. | USCG | Each vessel assigned a loadline must have loadline markings and deck-line markings permanently scribed or embossed as required by subchapter E of this chapter. | ||||
| 46:46:4.0.1.5.34.3.45.1 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | C | Subpart C—Preparations for Emergencies | § 131.310 List of crew members and offshore workers. | USCG | (a) The master of each vessel shall keep a correct list containing the name of each person that embarks upon and disembarks from the vessel. (b) The list required by paragraph (a) of this section must be prepared before the vessel's departure on a voyage, and deposited ashore— (1) At the facility from which the crew members and offshore workers embarked; (2) In a well-marked place at the vessel's normal berth; or (3) With a representative of the owner or managing operator of the vessel. | ||||
| 46:46:4.0.1.5.34.3.45.2 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | C | Subpart C—Preparations for Emergencies | § 131.320 Safety orientation for offshore workers. | USCG | (a) Before a vessel gets under way on a voyage, the master shall ensure that suitable public announcements are made informing each offshore worker of— (1) In general terms, emergency and evacuation procedures; (2) Locations of emergency exits and of embarkation areas for survival craft; (3) Locations of stowage of lifejackets and immersion suits; (4) With demonstration, proper method or methods of donning and adjusting lifejackets and immersion suits of the type or types carried on the vessel; (5) Locations of the instruction placards for lifejackets and other lifesaving devices; (6) Explanation that each offshore worker shall don an immersion suit and a lifejacket when the master determines that hazardous conditions do or might exist but that offshore workers may don lifejackets whenever they feel it necessary; (7) Which hazardous conditions might require the donning of lifejackets and immersion suits; (8) Types and locations of any other lifesaving device carried on the vessel; (9) Locations and contents of the “Emergency Instructions” required by § 131.330; (10) Survival craft to which assigned; (11) Any hazardous materials on the vessel; and (12) Any conditions or circumstances that constitute a risk to safety. (b) The master of each vessel shall ensure that each offshore worker boarding the vessel on a voyage after the initial public announcement has been made, as required by paragraph (a) of this section, also hears the information in paragraph (a) of this section. | ||||
| 46:46:4.0.1.5.34.3.45.3 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | C | Subpart C—Preparations for Emergencies | § 131.330 Emergency instructions. | USCG | (a) Except as otherwise provided by this section, the master of each vessel shall prepare and post durable emergency-instruction placards in conspicuous locations accessible to the crew members and offshore workers. (b) The instruction placards must contain the recommended “Emergency Instructions” listed in § 131.340 that, in the judgment of the cognizant OCMI, apply. The placards must be further designed to address the equipment, arrangement, and operation peculiar to each vessel. | ||||
| 46:46:4.0.1.5.34.3.45.4 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | C | Subpart C—Preparations for Emergencies | § 131.340 Recommended placard for emergency instructions. | USCG | The following are the recommended format and content of the placard for emergency instructions: (a) Rough weather at sea, crossing of hazardous bars, or flooding. (1) Close each watertight and weathertight door, hatch, and air-port to prevent taking water aboard or further flooding in the vessel. (2) Keep bilges dry to prevent loss of stability from water in bilges. Use power-driven bilge pump, hand pump, and buckets to dewater. (3) Align fire pumps to serve as bilge pumps if possible. (4) Check, for leakage, each intake and discharge line that penetrates the hull. (5) Offshore workers remain seated and evenly distributed. (6) Offshore workers don immersion suits (if required aboard) or lifejackets if the going becomes very rough, if the vessel is about to cross a hazardous bar, if flooding begins, or when ordered to by the master. (7) Never abandon the vessel unless actually forced to, or ordered to by the master. (8) Prepare survival craft—life floats, (inflatable) rafts, (inflatable) buoyant apparatus, and boats—for launching. (b) “Man overboard”. (1) Throw a ring buoy into the water as close to the person overboard as possible. (2) Post a lookout to keep the person overboard in sight. (3) Launch the rescue boat and maneuver it to pick up the person overboard, or maneuver the vessel to pick up the person. (4) Have a crew member put on an immersion suit or lifejacket, have a safety line made fast to the crew member, and have the crew member stand by to jump into the water to assist the person overboard if necessary. (5) If the person overboard is not immediately located— (i) Notify other vessels in the vicinity, and the Coast Guard; and (ii) Continue searching until released by the Coast Guard. (c) Fire. (1) Cut off air to the fire: close hatches, ports, doors, manual ventilators, and the like and shut off the ventilation system. (2) De-energize electrical systems supplying the affected compartment. (3) Immediately use a portable fire extinguisher aimed at the base of the flames. Never u… | ||||
| 46:46:4.0.1.5.34.3.45.5 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | C | Subpart C—Preparations for Emergencies | § 131.350 Station bill. | USCG | (a) The master of each vessel shall post a station bill if the vessel's Certificate of Inspection requires more than four crew members, including the master. (b) The station bill must be posted in the pilothouse and in conspicuous places in crew members' and offshore workers' accommodations. (c) The station bill must set forth the special duties and duty stations of each crew member for various emergencies. The duties must, as far as possible, be comparable to and compatible with the regular work of the member. The duties must include at least the following and should comprise any other duties necessary for the proper handling of a particular emergency: (1) The closing of hatches, air-ports, watertight doors, vents, and scuppers, and of intake valves and discharge lines that penetrate the hull; the stopping of fans and ventilating systems; and the operating of safety equipment. (2) The preparing and launching of survival craft and rescue boats. (3) The extinguishing of fire. (4) The mustering of offshore workers, which includes— (i) Assembling them and seeing that they are properly dressed and have donned their immersion suits and lifejackets; and (ii) Directing them to their appointed stations. | ||||
| 46:46:4.0.1.5.34.3.45.6 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | C | Subpart C—Preparations for Emergencies | § 131.360 Responsibilities of licensed or certificated individuals. | USCG | Nothing in the emergency instructions or in any station bill required by this subpart exempts any licensed or certificated individual from the exercise of good judgment in an emergency. | ||||
| 46:46:4.0.1.5.34.4.45.1 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | D | Subpart D—Sufficiency and Supervision of Crew of Survival Craft | § 131.410 Certificate of proficiency. | USCG | [CGD 82-004 and CGD 86-074, 62 FR 49340, Sept. 19, 1997, as amended by USCG-2006-24371, 74 FR 11266, Mar. 16, 2009] | A merchant mariner credential or merchant mariner's document with an endorsement of lifeboatman or another inclusive rating under part 12 of this title is evidence of training in survival craft and serves as a certificate of proficiency. For this subpart, a “certificated” person is a person holding a merchant mariner credential or merchant mariner's document with such an endorsement. | |||
| 46:46:4.0.1.5.34.4.45.2 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | D | Subpart D—Sufficiency and Supervision of Crew of Survival Craft | § 131.420 Manning and supervision. | USCG | (a) There must be enough trained persons aboard each survival craft to muster and assist untrained persons. (b) Except as permitted by paragraph (c)(2) of this section, there must be enough deck officers, able seamen, or other certificated persons aboard each survival craft to manage the launching and handling of the survival craft. (c) One person must be placed in charge of each survival craft to be used. (1) Except as permitted by paragraph (c)(2) of this section, the person in command must be a deck officer, able seaman, or other certificated person. (2) Considering the nature of the voyage, the number of persons permitted aboard, and the characteristics of the vessel, including gross tonnage, the cognizant OCMI may permit persons practiced in the handling of liferafts to be placed in charge of liferafts instead of persons required under paragraph (c)(1) of this section. (3) A deck officer, able seaman, or other certificated person shall serve as second-in-command for each lifeboat either— (i) Carried on a vessel in ocean service; or (ii) Permitted to carry more than 40 persons. (d) The person in charge and the second-in-command of each survival craft shall have a list of crew members and offshore workers assigned to the craft and shall see that the crew members are acquainted with their duties. (e) Each motorized survival craft must have assigned a person capable of operating the engine and carrying out minor adjustments. (f) The master shall ensure that the persons required under paragraphs (a), (b), and (c) of this section are equitably distributed among the vessel's survival crafts. | ||||
| 46:46:4.0.1.5.34.5.45.1 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | E | Subpart E—Tests, Drills, and Inspections | § 131.505 Steering gear, whistle, and means of communication. | USCG | (a) On each vessel expected to be away from shore for more than 48 hours, the master shall examine and test the steering gear, the whistle, and the means of communication between the pilothouse and the engine room 12 or fewer hours before departure. On every other vessel, the master shall do the same at least once a week. (b) The date of each test and examination and the condition of the equipment must be noted in the vessel's logbook. | ||||
| 46:46:4.0.1.5.34.5.45.10 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | E | Subpart E—Tests, Drills, and Inspections | § 131.545 Maintenance in general. | USCG | (a) For each lifesaving appliance, the manufacturer's instructions for maintenance of the appliances aboard must be aboard and must include the following: (1) Checklists for use in the inspections required by § 131.565(a) of this subpart. (2) Instructions for maintenance and repair. (3) A schedule of periodic maintenance. (4) A diagram of lubrication points with the recommended lubricants. (5) A list of replaceable parts. (6) A list of sources of spare parts. (7) A log for records of inspections, maintenance, and repair. (b) The master shall ensure that maintenance is carried out to comply with the instructions required by paragraph (a) of this section. (c) For lifesaving appliances constructed on or before July 1, 1986, paragraph (a) of this section need be complied with only to the extent that appliances' manufacturers' instructions are available. (d) The cognizant OCMI may accept, instead of the instructions required by paragraph (a) of this section, a program for planned shipboard maintenance that includes the items listed in that paragraph. (e) If lifeboats and rigid liferafts are maintained and repaired on the vessel while the vessel is under way, there must be enough lifeboats and liferafts available for use on the vessel to accommodate each person aboard the vessel. (f) Except in an emergency, no extensive repairs or alterations may be made to any lifesaving appliance without advance notice to the cognizant OCMI. As far as possible, each repair or alteration must be made to comply with the requirements for the appliance in subchapter Q of this chapter. This OCMI may require each appliance that has been extensively repaired or in any way altered to undergo each pertinent test in subchapter Q of this chapter. (g) The master shall report each emergency repair or alteration to a lifesaving appliance, as soon as practicable, either to the OCMI in the next port in the United States where the vessel calls or, if the vessel does not regularly call at ports in the United States, to the OCMI responsibl… | ||||
| 46:46:4.0.1.5.34.5.45.11 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | E | Subpart E—Tests, Drills, and Inspections | § 131.550 Maintenance of falls. | USCG | (a) Each fall used with a launching appliance must be turned end for end at intervals of not more than 30 months. (b) Each fall used with a launching appliance must be renewed either when necessary because of deterioration or after the passage of not more than 5 years, whichever occurs earlier. (c) Each fall used with a launching appliance must have a corrosion-resistant tag permanently marked with— (1) The date the new fall was installed; and (2) The last date, if any, the fall was turned end for end. | ||||
| 46:46:4.0.1.5.34.5.45.12 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | E | Subpart E—Tests, Drills, and Inspections | § 131.555 Spare parts and repair equipment. | USCG | Spare parts and repair equipment must be provided for each lifesaving appliance and component that either is subject to excessive wear or consumption or needs to be replaced regularly. These parts and equipment must be kept aboard the OSV, except that, if the vessel operates daily out of the same shore base, they may be kept at that base. | ||||
| 46:46:4.0.1.5.34.5.45.13 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | E | Subpart E—Tests, Drills, and Inspections | § 131.560 Weekly tests and inspections. | USCG | The following tests and inspections must be carried out weekly: (a) Each lifesaving appliance and launching appliance must be visually inspected to ensure that it is ready for use. (b) Each engine of a lifeboat or a rescue boat must be run ahead and astern for not less than 3 minutes, unless the ambient temperature is below the minimal temperature required for starting the engine. (c) The general alarm system must be activated. (d) Each battery for starting the engine of a lifeboat or a rescue boat, or for energizing a searchlight, a fixed installation of a radio in a lifeboat, or a portable radio, must be brought up to full charge at least once a week if the battery is— (1) Of a type that requires recharging; and (2) Not connected to a device that keeps it continuously charged. (e) The transmitter of each fixed installation of a radio in a lifeboat and that of each portable radio must be tried out at least once a week with a dummy antenna load. | ||||
| 46:46:4.0.1.5.34.5.45.14 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | E | Subpart E—Tests, Drills, and Inspections | § 131.565 Monthly tests and inspections. | USCG | (a) Each lifesaving appliance, including lifeboat equipment, must be inspected monthly against the checklist required by § 131.545(a)(1) of this subpart to ensure that it is aboard and in good order. A report of the inspection, including a statement on the condition of the appliance, must be entered in the vessel's logbook. (b) Each Emergency Position Indicating Radio Beacon (EPIRB) and each Search and Rescue Transponder (SART), other than an EPIRB or SART in an inflatable liferaft, must be tested monthly. The EPIRB must be tested using the integrated test circuit and the output indicator (test button) to determine that it works. | ||||
| 46:46:4.0.1.5.34.5.45.15 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | E | Subpart E—Tests, Drills, and Inspections | § 131.570 Quarterly inspections. | USCG | (a) Each apparatus that controls a lifeboat winch, including motor controllers, emergency switches, master switches, and limit switches, must be inspected once each 3 months. (b) The inspection must involve the removal of drain plugs and the opening of drain valves to ensure that enclosures are free of water. (c) The date of the inspection required by this section and the condition of the equipment must be entered in the vessel's logbook. | ||||
| 46:46:4.0.1.5.34.5.45.16 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | E | Subpart E—Tests, Drills, and Inspections | § 131.575 Yearly inspections and repair. | USCG | (a) Each lifeboat, rescue boat, rigid liferaft, buoyant apparatus, and life float must be stripped, cleaned, and thoroughly inspected and repaired as needed at least once a year. This procedure includes emptying and cleaning each fuel tank and refilling it with fresh fuel. (b) Each davit, winch, fall, and other launching-appliance must be thoroughly inspected at least once a year, and repaired as needed. (c) Each item of survival equipment with an expiration date must be replaced during the annual inspection and repair if this date has passed. (d) Each battery used in an item of survival equipment and clearly marked with an expiration date must be replaced during the annual inspection and repair if this date has passed. (e) Except a storage battery used in a lifeboat or in a rescue boat, each battery used in an item of survival equipment and not clearly marked with an expiration date must be replaced during the annual inspection and repair. (f) Compliance with the requirements of this section does not relieve the master or person in charge of the duty of compliance with requirements in § 131.540(a) of this subpart to keep the equipment ready for immediate use when the vessel is under way. | ||||
| 46:46:4.0.1.5.34.5.45.17 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | E | Subpart E—Tests, Drills, and Inspections | § 131.580 Servicing of inflatable liferafts, inflatable lifejackets, inflatable buoyant apparatus, and inflated rescue boats. | USCG | [CGD 82-004 and CGD 86-074, 62 FR 49340, Sept. 19, 1997, as amended by USCG-2002-11118, 67 FR 58541, Sept. 17, 2002; USCG-2009-0702, 74 FR 49235, Sept. 25, 2009; USCG-2012-0832, 77 FR 59782, Oct. 1, 2012] | (a) An inflatable liferaft or inflatable buoyant apparatus must be serviced at a facility specifically approved by the Commandant for the particular brand, and in accordance with servicing procedures meeting the requirements of part 160, subpart 160.151, of this chapter— (1) No later than the month and year on its servicing sticker affixed under 46 CFR 160.151-57(n), except that servicing may be delayed until the next scheduled inspection of the vessel, provided that the delay does not exceed 5 months; and (2) Whenever the container is damaged or the container straps or seals are broken. (b) Each inflatable lifejacket and hybrid inflatable lifejacket or work vest must be serviced: (1) Within 12 months of its initial packing; and (2) Within 12 months of each subsequent servicing, except that servicing may be delayed until the next scheduled inspection of the OSV, provided that the delay does not exceed 5 months. (c) Each inflatable lifejacket must be serviced in compliance with subpart 160.176 of this chapter. (d) Each hybrid inflatable lifejacket or work vest must be serviced in accordance with the manual provided under § 160.077-29 of this chapter. (e) Repair and maintenance of inflatable rescue boats must follow the manufacturers' instructions. Each repair, except an emergency repair made aboard the vessel, must be made at a servicing facility approved by the Commandant (CG-ENG). | |||
| 46:46:4.0.1.5.34.5.45.18 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | E | Subpart E—Tests, Drills, and Inspections | § 131.585 Periodic servicing of hydrostatic-release units. | USCG | (a) Except a disposable hydrostatic-release unit with an expiration date, each hydrostatic-release unit must be serviced— (1) Within 12 months of its manufacture and within 12 months of each subsequent servicing, except when a servicing due after 12 months is delayed not more than 5 months until the next scheduled inspection of the vessel; and (2) In compliance with subpart 160.062 of this chapter. (b) The springs of each spring-tensioned gripe used with a hydrostatic-release unit must be renewed when the unit is serviced and tested. | ||||
| 46:46:4.0.1.5.34.5.45.19 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | E | Subpart E—Tests, Drills, and Inspections | § 131.590 Firefighting equipment. | USCG | [CGD 82-004 and CGD 86-074, 62 FR 49340, Sept. 19, 1997, as amended by USCG-2014-0688, 79 FR 58284, Sept. 29, 2014] | (a) The master shall ensure that the vessel's required firefighting equipment is on board in the prescribed location and always ready for use, other than when the equipment is being serviced. (b) The master shall, at least once each 12 months, ensure the performance of the tests and inspections of each portable fire extinguisher, semiportable fire extinguisher, and fixed fire-extinguishing system aboard described by Table 132.350 of this subchapter. (c) The master shall keep records of these tests and inspections, showing the dates of their performance, the number or other identification of each unit undergoing them, and the name of the person or company conducting them. The records must be made available to the marine inspector upon request and must be kept for the period of validity of the vessel's current Certificate of Inspection. (d) The conducting of tests and inspections required by this section does not relieve the master of his or her responsibility to maintain the prescribed firefighting equipment in working order for use at any time when the vessel is under way. | |||
| 46:46:4.0.1.5.34.5.45.2 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | E | Subpart E—Tests, Drills, and Inspections | § 131.510 Draft and loadline markings. | USCG | (a) The master of each vessel on an ocean or coastwise voyage shall enter in the vessel's logbook the drafts of the vessel, forward and aft, when leaving port. (b) The master of each vessel subject to the requirements of subchapter E of this chapter shall, upon departure from port on an ocean or coastwise voyage, enter in the vessel's logbook a statement of the position of the loadline markings, port and starboard, relative to the surface of the water in which the vessel is then floating. (c) If the master, when recording drafts, compensates for the density of the water in which the vessel is floating, he or she shall note this density in the vessel's logbook. | ||||
| 46:46:4.0.1.5.34.5.45.3 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | E | Subpart E—Tests, Drills, and Inspections | § 131.513 Verification of compliance with applicable stability requirements. | USCG | (a) After loading but before departure, and at other times necessary to assure the safety of the vessel, the master shall verify that the vessel complies with requirements in its trim-and-stability book, stability letter, Certificate of Inspection, and Loadline Certificate, whichever apply, and then enter a statement of the verification in the log book. The vessel may not leave port until it is in compliance with these requirements. (b) When determining compliance with applicable stability requirements, the master shall ascertain the vessel's draft, trim, and stability as necessary; and any stability calculations made in support of the determination must remain aboard the vessel for the duration of the voyage. | ||||
| 46:46:4.0.1.5.34.5.45.4 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | E | Subpart E—Tests, Drills, and Inspections | § 131.515 Periodic sanitary inspections. | USCG | (a) The master shall make periodic inspections of the quarters, toilet and washing spaces, serving pantries, galleys, and the like, to ensure that those spaces are maintained in a sanitary condition. (b) The master shall enter in the vessel's logbook the results of these inspections. | ||||
| 46:46:4.0.1.5.34.5.45.5 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | E | Subpart E—Tests, Drills, and Inspections | § 131.520 Hatches and other openings. | USCG | Before any vessel leaves protected waters, the master shall ensure that the vessel's exposed cargo hatches and other openings in the hull are closed; made properly watertight by the use of tarpaulins, gaskets, or similar devices; and properly secured for sea. | ||||
| 46:46:4.0.1.5.34.5.45.6 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | E | Subpart E—Tests, Drills, and Inspections | § 131.525 Emergency lighting and power. | USCG | (a) The master of each vessel shall ensure that the emergency lighting and power systems are tested at least once each week that the vessel is operated, to verify that they work. (b) The master shall ensure that emergency generators driven by internal-combustion engines run under load for at least 2 hours at least once each month that the vessel is operated. (c) The master shall ensure that storage batteries driving fitted systems for emergency lighting and power are tested at least once each 6 months that the vessel is operated, to demonstrate the ability of the batteries to supply the emergency loads for the period specified by Table 112.05-5(a) of this chapter for cargo vessels. (d) The date of each test and the condition and performance of the apparatus must be noted in the vessel's logbook. | ||||
| 46:46:4.0.1.5.34.5.45.7 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | E | Subpart E—Tests, Drills, and Inspections | § 131.530 Abandon-ship training and drills. | USCG | [CGD 82-004 and CGD 86-074, 62 FR 49340, Sept. 19, 1997, as amended by USCG-2009-0702, 74 FR 49235, Sept. 25, 2009; USCG-2012-0832, 77 FR 59782, Oct. 1, 2012] | (a) Material for abandon-ship training must be aboard each vessel. The material must consist of a manual of one or more volumes, or audiovisual training aids, or both. (1) The material must contain instructions and information about the lifesaving appliances aboard the vessel and about the best methods of survival. Any manual must be written in easily understood terms, illustrated wherever possible. (2) If a manual is used, there must be a copy in each messroom and recreation room for crew members or in each stateroom for them. If audiovisual aids are used, they must be incorporated in the training sessions aboard under paragraph (d) of this section. (3) The material must explain the— (i) Method of donning immersion suits and lifejackets carried aboard; (ii) Mustering at assigned stations; (iii) Proper boarding, launching, and clearing of survival craft and rescue boats; (iv) Method of launching survival craft by people within them; (v) Method of releasing survival craft from launching-appliances; (vi) Use of devices for protecting survival craft in launching-areas, where appropriate; (vii) Illumination of launching-areas; (viii) Use of each item of survival equipment; (ix) Instructions for emergency repair of lifesaving appliances; (x) Use of radio lifesaving-appliances, with illustrations; (xi) Use of sea anchors; (xii) Use of engine and accessories, where appropriate; (xiii) Recovery of survival craft and rescue boats, including stowage and securing; (xiv) Hazards of exposure and need for warm clothing; (xv) Best use of survival craft for survival; and (xvi) Methods of retrieving personnel, including use of helicopter-mounted rescue gear (slings, baskets, stretchers) and vessel's line-throwing apparatus. (b) An abandon-ship drill must be held on each vessel in alternate weeks. If none can be held during the appointed week, because of bad weather or other unavoidable constraint, one must be held at the first opportunity afterward. If the crew changes more than once in any 2 weeks, one must b… | |||
| 46:46:4.0.1.5.34.5.45.8 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | E | Subpart E—Tests, Drills, and Inspections | § 131.535 Firefighting training and drills. | USCG | [CGD 82-004 and CGD 86-074, 62 FR 49340, Sept. 19, 1997, as amended by USCG-2009-0702, 74 FR 49235, Sept. 25, 2009; USCG-2012-0832, 77 FR 59782, Oct. 1, 2012] | (a) A fire drill must be held on each vessel, normally on alternate weeks. It must not be held as part of the abandon-ship drill, nor immediately before or after the abandon-ship drill. If none can be held on schedule, because of bad weather or other unavoidable constraint, one must be held at the next opportunity. (b) Any crew member excused from a fire drill must participate in the next one, so that each member participates in at least one each month. Unless more than 25 percent of the members have participated in one on that particular vessel in the previous month, one must be held before the vessel leaves port if reasonable and practicable; but, unless the Commandant (CG-CVC) accepts alternative arrangements as at least equivalent, one must be held not later than 24 hours after the vessel leaves port in any event. (c) Each fire drill must include— (1) Summoning of crew members and offshore workers to their stations with the general alarm; (2) Simulation of a fire emergency that varies from drill to drill; (3) Reporting of crew members and offshore workers to stations, and preparing for, and demonstrating of the duties assigned under the procedure described in the station bill for, the particular fire emergency being simulated; (4) Starting of fire pumps and use of a sufficient number of outlets to determine that the system is working properly; (5) Bringing out each breathing apparatus and other item of rescue and safety equipment from the emergency-equipment lockers, and demonstrating of the use of each item by the person or persons that will make use of it; (6) Operation of each watertight door; (7) Operation of each self-closing fire door; (8) Closing of each fire door and each door within the fire boundary; and (9) Closing of each ventilation closure of each space protected by a fixed fire-extinguishing system. (d) Each fire drill must, as far as practicable, be conducted as if there were an actual emergency. (e) The dates when fire drills are held, and details of training in fire fighting and… | |||
| 46:46:4.0.1.5.34.5.45.9 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | E | Subpart E—Tests, Drills, and Inspections | § 131.540 Operational readiness. | USCG | [CGD 82-004 and CGD 86-074, 62 FR 49340, Sept. 19, 1997, as amended by USCG-2024-1103, 90 FR 52881, Nov. 24, 2025] | (a) Except as provided by § 131.545(e) of this subpart, each lifesaving appliance and each item of equipment for a lifeboat, liferaft, survival craft, rescue boat, life float, or buoyant apparatus must be in good working order and ready for immediate use before the vessel leaves port and at any time when the vessel is away from port. (b) Each deck where a lifeboat, liferaft, survival craft, rescue boat, life float, or buoyant apparatus is stowed, launched, or boarded must be kept clear of obstructions that would interfere with the breaking out, launching, or boarding of the lifesaving appliance. | |||
| 46:46:4.0.1.5.34.6.45.1 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | F | Subpart F—Logs | § 131.610 Logbooks and records. | USCG | (a) Each OSV must by statute, or by regulations in this subchapter, have certain logbooks or records. The master shall make all entries required by statute, or by regulations in this subchapter. (b) 46 U.S.C. 11301 states that a vessel of the United States, except one on a voyage from a port in the United States to a port in Canada, shall have an official logbook if the vessel is— (1) On a voyage from a port in the United States to a foreign port; or (2) Of at least 100 gross tons and on a voyage between a port in the United States on the Atlantic Ocean and one on the Pacific Ocean. (c) The Coast Guard gratuitously furnishes to masters of vessels of the United States the official logbook as Form CG-706B or CG-706C, depending upon the number of persons employed as crew. The first several pages of this logbook list various acts of Congress governing logbooks and the entries required in them. (d) When a voyage is completed, or after a specified time has elapsed, the master shall file the official logbook containing required entries with the OCMI at or nearest the port where the vessel may be. (e) Unless an official logbook is required, the owner, operator, or master shall supply an alternative log or record for making entries required by law, including regulations in this subchapter. This log or record need not be filed with this OCMI, but must be kept available for review by a marine inspector for a year after the date that the latest entry concerns. | ||||
| 46:46:4.0.1.5.34.6.45.2 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | F | Subpart F—Logs | § 131.620 Matters that must be logged. | USCG | The following matters must be entered in each vessel's logbook: (a) Safety Orientation for Offshore Workers. As held. See § 131.320. (b) Tests and inspection of Steering Gear, Whistle, and Means of Communication. Before departure. See § 131.505. (c) Draft and Loadline Markings. Before leaving port. Ocean and coastwise voyages only. See § 131.510. (d) Verification of Compliance with Applicable Stability Requirements. See § 131.513. (e) Periodic Sanitary Inspections. After periodic sanitary inspections made by the master. See § 131.515. (f) Hatches and Other Openings. Each opening and closing, or departure from port without closing (except by vessels on protected waters). See § 131.520. (g) Tests of Emergency Lighting and Power. Weekly, monthly, and twice-yearly. See § 131.525. (h) Abandon-Ship Training and Drills, and Firefighting Training and Drills. As held. See §§ 131.530 and 131.535. (i) Inspection of Lifeboat Winches. Once each 3 months. See § 131.570. | ||||
| 46:46:4.0.1.5.34.6.45.3 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | F | Subpart F—Logs | § 131.630 Entries in official logbooks. | USCG | On each vessel required to have an Official Logbook, the items required by 46 U.S.C. 11301, as well as the items required by § 131.620, must be entered in the logbook. | ||||
| 46:46:4.0.1.5.34.7.45.1 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | G | Subpart G—Work Vests | § 131.710 Approved work vests. | USCG | Each buoyant work vest carried aboard must be approved under subpart 160.053 of this chapter or, as a commercial hybrid personal flotation device, under subpart 160.077 of this chapter. | ||||
| 46:46:4.0.1.5.34.7.45.2 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | G | Subpart G—Work Vests | § 131.720 Use. | USCG | (a) An approved buoyant work vest is an item of safety apparel and may be carried aboard for wear by a crew member when working near or over the water. (b) The vest may not count towards the vessel's complement of lifejackets. (c) The vest may not be worn instead of a lifejacket during a drill. | ||||
| 46:46:4.0.1.5.34.7.45.3 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | G | Subpart G—Work Vests | § 131.730 Shipboard stowage. | USCG | The master shall ensure that no work vest is stowed where any lifejacket is stowed. | ||||
| 46:46:4.0.1.5.34.7.45.4 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | G | Subpart G—Work Vests | § 131.740 Shipboard inspections. | USCG | Each buoyant work vest must be subject to examination by a marine inspector, to determine its serviceability. If found serviceable, it may continue in service; but no buoyant work vest is stamped as inspected. If not found serviceable, and if determined irreparable by the inspector, a buoyant work vest must be destroyed in the presence of the inspector. | ||||
| 46:46:4.0.1.5.34.8.45.1 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | H | Subpart H—Markings for Fire Equipment and Emergency Equipment | § 131.800 General. | USCG | (a) This section prescribes markings necessary for the guidance of persons aboard in case of an emergency. The markings may be modified or omitted if they are unnecessary, because either the vessel is small or particular circumstances warrant, and if the cognizant OCMI approves. (b) Each stateroom notice, directional sign, and the like must be printed in English and in other languages appropriate to the service of the vessel. (c) Where this subpart specifies red letters, letters of a contrasting color on a red background are acceptable. | ||||
| 46:46:4.0.1.5.34.8.45.10 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | H | Subpart H—Markings for Fire Equipment and Emergency Equipment | § 131.840 Emergency lighting. | USCG | Emergency lighting must be marked with a letter “E” at least 13 millimeters ( 1/2 -inch) high. | ||||
| 46:46:4.0.1.5.34.8.45.11 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | H | Subpart H—Markings for Fire Equipment and Emergency Equipment | § 131.845 Instructions for shift of steering gear. | USCG | (a) Instructions, including diagrams, for a shift of steering gear and for a shift to the alternative steering stations must be on water-resistant material and posted at each steering station and in the steering-engine room, relating, in order, the different steps to take in either shift. (b) The instructions must indicate each clutch or pin to be “in” or “out” and each valve or switch to be “open” or “closed” in a shift to any means of steering for which the vessel is equipped. (c) The instructions must specify that each steering wheel or lever, and each rudder, must be amidships before any shift of steering gear or steering stations. (d) Each clutch, gear, wheel, lever, valve, or switch used during any shift of steering gear or steering stations must be numbered or lettered on a metal plate or painted so that the numbers or letters are recognizable at a reasonable distance. | ||||
| 46:46:4.0.1.5.34.8.45.12 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | H | Subpart H—Markings for Fire Equipment and Emergency Equipment | § 131.850 Rudder orders. | USCG | At each steering station there must be installed a suitable notice on the wheel or lever, or in some other place directly in the helmsman's line of sight, to indicate the direction in which to turn the wheel or lever for “right rudder” and for “left rudder.” | ||||
| 46:46:4.0.1.5.34.8.45.13 | 46 | Shipping | I | L | 131 | PART 131—OPERATIONS | H | Subpart H—Markings for Fire Equipment and Emergency Equipment | § 131.855 Lifeboats and rescue boats. | USCG | (a) The following must be plainly marked or painted on each side of the bow of each lifeboat and rescue boat in block capital letters and numbers: (1) The name of the vessel. (2) The number of the boat. (The boats on each side of the vessel must be numbered from forward to aft. If there are boats on both sides of the vessel, the odd numbers must be on the starboard side.) (3) For each vessel in ocean service, the name of the port whose marking on the stern is required by § 67.123 of this chapter. (b) The following must be plainly marked or painted on each side of the bow of each lifeboat and rescue boat in block capital letters and numbers: (1) The length and beam of the boat. (2) The number of persons the boat will hold. This number must— (i) Be the number of persons the boat is equipped for; and (ii) Not be greater than the number of persons the boat is approved for, as shown on its nameplate. (c) The following must be plainly marked or painted on each lifeboat and rescue boat, visible from above the boat: (1) The number of the boat. (2) The name of the vessel. (d) Each lifeboat and rescue boat must be marked with Type II retro-reflective material approved under subpart 164.018 of this chapter. The arrangement of the retro-reflective material must comply with IMO Resolution A.658(16). |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);