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8 rows where part_number = 401 and title_number = 40 sorted by section_id

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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
40:40:31.0.1.1.2.0.1.1 40 Protection of Environment I N 401 PART 401—GENERAL PROVISIONS       § 401.10 Scope and purpose. EPA     [39 FR 4532, Feb. 1, 1974, as amended at 47 FR 24537, June 4, 1982] Regulations promulgated or proposed under parts 402 through 699 of this subchapter prescribe effluent limitations guidelines for existing sources, standards of performance for new sources and pretreatment standards for new and existing sources pursuant to sections 301, 304 (b) and (c), 306 (b) and (c), 307 (b) and (c) and 316(b) of the Federal Water Pollution Control Act, as amended (the “Act”), 33 U.S.C. 1251, 1311, 1314 (b) and (c), 1316 (b) and (c), 1317 (b) and (c) and 1326(b); 86 Stat. 816; Pub. L. 92-500. Point sources of discharges of pollutants are required to comply with these regulations, where applicable, and permits issued by States or the Environmental Protection Agency (EPA) under the National Pollutant Discharge Elimination System (NPDES) established pursuant to section 402 of the Act must be conditioned upon compliance with applicable requirements of sections 301 and 306 (as well as certain other requirements). This part 401 sets forth the legal authority and general definitions which will apply to all regulations issued concerning specific classes and categories of point sources under parts 402 through 699 of this subchapter which follow. In certain instances the regulations applicable to a particular point source category or subcategory will contain more specialized definitions. Except as provided in § 401.17, in the case of any conflict between regulations issued under this part 401 and regulations issued under parts 402 through 499 of this subchapter, the latter more specific regulations shall apply.
40:40:31.0.1.1.2.0.1.2 40 Protection of Environment I N 401 PART 401—GENERAL PROVISIONS       § 401.11 General definitions. EPA     [39 FR 4532, Feb. 1, 1974, as amended at 58 FR 45038, Aug. 25, 1994; 80 FR 37125, June 29, 2015; 83 FR 5209, Feb. 6, 2018; 84 FR 56671, Oct. 22, 2019; 85 FR 22342, Apr. 21, 2020] For the purposes of parts 402 through 699 of this subchapter: (a) The term Act means the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., 86 Stat. 816, Pub. L. 92-500. (b) The term Administrator means the Administrator of the United States Environmental Protection Agency. (c) The term Environmental Protection Agency means the United States Environmental Protection Agency. (d) The term point source means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. (e) The term new source means any building, structure, facility or installation from which there is or may be the discharge of pollutants, the construction of which is commenced after the publication of proposed regulations prescribing a standard of performance under section 306 of the Act which will be applicable to such source if such standard is thereafter promulgated in accordance with section 306 of the Act. (f) The term pollutant means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water. It does not mean (1) sewage from vessels or (2) water, gas or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well, used either to facilitate production or for disposal purposes, is approved by authority of the State in which the well is located, and if such State determines that such injection or disposal will not result in degradation of ground or surface water resources. (g) The term pollution means the man-made or man induced a…
40:40:31.0.1.1.2.0.1.3 40 Protection of Environment I N 401 PART 401—GENERAL PROVISIONS       § 401.12 Law authorizing establishment of effluent limitations guidelines for existing sources, standards of performance for new sources and pretreatment standards of new and existing sources. EPA       (a) Section 301(a) of the Act provides that “except as in compliance with this section and sections 302, 306, 307, 318, 402 and 404 of this Act, the discharge of any pollutant by any person shall be unlawful.” (b) Section 301(b) of the Act requires the achievement by not later than July 1, 1977, of effluent limitations for point sources, other than publicly owned treatment works, which require the application of the best practicable control technology currently available as determined by the Administrator pursuant to section 304(b)(1) of the Act. Section 301(b) also requires the achievement by not later than July 1, 1983, of effluent limitations for point sources, other than publicly owned treatment works, which require the application of the best available technology economically achievable which will result in reasonable further progress toward the national goal of eliminating the discharge of all pollutants, as determined in accordance with regulations issued by the Administrator pursuant to section 304(b)(2) of the Act. (c) Section 304(b) of the Act requires the Administrator to publish regulations providing guidelines for effluent limitations setting forth the degree of effluent reduction attainable through the application of the best practicable control technology currently available and the degree of effluent reduction attainable through the application of the best control measures and practices achievable including treatment techniques, process and procedure innovations, operating methods and other alternatives. (d) Section 304(c) of the Act requires the Administrator, after consultation with appropriate Federal and State agencies and other interested persons to issue information on the process, procedures, or operating methods which result in the elimination or reduction of the discharge of pollutants to implement standards of performance under section 306 of the Act. (e) Section 306(b)(1)(B) of the Act requires the Administrator, after a category of sources is included in a list published pursuant t…
40:40:31.0.1.1.2.0.1.4 40 Protection of Environment I N 401 PART 401—GENERAL PROVISIONS       § 401.13 Test procedures for measurement. EPA       The test procedures for measurement which are prescribed at part 136 of this chapter shall apply to expressions of pollutant amounts, characteristics or properties in effluent limitations guidelines and standards of performance and pretreatment standards as set forth at parts 402 through 699 of this subchapter, unless otherwise specifically noted or defined in said parts.
40:40:31.0.1.1.2.0.1.5 40 Protection of Environment I N 401 PART 401—GENERAL PROVISIONS       § 401.14 Cooling water intake structures. EPA     [41 FR 17389, Apr. 26, 1976] The location, design, construction and capacity of cooling water intake structures of any point source for which a standard is established pursuant to section 301 or 306 of the Act shall reflect the best technology available for minimizing adverse environmental impact, in accordance with the provisions of part 402 of this chapter.
40:40:31.0.1.1.2.0.1.6 40 Protection of Environment I N 401 PART 401—GENERAL PROVISIONS       § 401.15 Toxic pollutants. EPA     [44 FR 44502, July 30, 1979, as amended at 46 FR 2266, Jan. 8, 1981; 46 FR 10724, Feb. 4, 1981] The following comprise the list of toxic pollutants designated pursuant to section 307(a)(1) of the Act: 1. Acenaphthene 2. Acrolein 3. Acrylonitrile 4. Aldrin/Dieldrin 1 1 Effluent standard promulgated (40 CFR part 129). 5. Antimony and compounds 2 2 The term compounds shall include organic and inorganic compounds. 6. Arsenic and compounds 7. Asbestos 8. Benzene 9. Benzidine 1 10. Beryllium and compounds 11. Cadmium and compounds 12. Carbon tetrachloride 13. Chlordane (technical mixture and metabolites) 14. Chlorinated benzenes (other than di-chlorobenzenes) 15. Chlorinated ethanes (including 1,2-di-chloroethane, 1,1,1-trichloroethane, and hexachloroethane) 16. Chloroalkyl ethers (chloroethyl and mixed ethers) 17. Chlorinated naphthalene 18. Chlorinated phenols (other than those listed elsewhere; includes trichlorophenols and chlorinated cresols) 19. Chloroform 20. 2-chlorophenol 21. Chromium and compounds 22. Copper and compounds 23. Cyanides 24. DDT and metabolites 1 25. Dichlorobenzenes (1,2-, 1,3-, and 1,4-di-chlorobenzenes) 26. Dichlorobenzidine 27. Dichloroethylenes (1,1-, and 1,2-dichloroethylene) 28. 2,4-dichlorophenol 29. Dichloropropane and dichloropropene 30. 2,4-dimethylphenol 31. Dinitrotoluene 32. Diphenylhydrazine 33. Endosulfan and metabolites 34. Endrin and metabolites 1 35. Ethylbenzene 36. Fluoranthene 37. Haloethers (other than those listed elsewhere; includes chlorophenylphenyl ethers, bromophenylphenyl ether, bis(dichloroisopropyl) ether, bis-(chloroethoxy) methane and polychlorinated diphenyl ethers) 38. Halomethanes (other than those listed elsewhere; includes methylene chloride, methylchloride, methylbromide, bromoform, dichlorobromomethane 39. Heptachlor and metabolites 40. Hexachlorobutadiene 41. Hexachlorocyclohexane 42. Hexachlorocyclopentadiene 43. Isophorone 44. Lead and compounds 45. Mercury and compounds 46. N…
40:40:31.0.1.1.2.0.1.7 40 Protection of Environment I N 401 PART 401—GENERAL PROVISIONS       § 401.16 Conventional pollutants. EPA     [44 FR 44503, July 30, 1979; 44 FR 52685, Sept. 10, 1979] The following comprise the list of conventional pollutants designated pursuant to section 304(a)(4) of the Act: 1. Biochemical oxygen demand (BOD) 2. Total suspended solids (nonfilterable) (TSS) 3. pH 4. Fecal coliform 5. Oil and grease 1. Biochemical oxygen demand (BOD) 2. Total suspended solids (nonfilterable) (TSS) 3. pH 4. Fecal coliform 5. Oil and grease
40:40:31.0.1.1.2.0.1.8 40 Protection of Environment I N 401 PART 401—GENERAL PROVISIONS       § 401.17 pH Effluent limitations under continuous monitoring. EPA     [47 FR 24537, June 4, 1982] (a) Where a permittee continuously measures the pH of wastewater pursuant to a requirement or option in a National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to section 402 of the Act, the permittee shall maintain the pH of such wastewater within the range set forth in the applicable effluent limitations guidelines, except excursions from the range are permitted subject to the following limitations: (1) The total time during which the pH values are outside the required range of pH values shall not exceed 7 hours and 26 minutes in any calendar month; and (2) No individual excursion from the range of pH values shall exceed 60 minutes. (b) The Director, as defined in § 122.3 of this chapter, may adjust the requirements set forth in paragraph (a) of this section with respect to the length of individual excursions from the range of pH values, if a different period of time is appropriate based upon the treatment system, plant configuration or other technical factors. (c) For purposes of this section, an excursion is an unintentional and temporary incident in which the pH value of discharge wastewater exceeds the range set forth in the applicable effluent limitations guidelines.

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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);
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