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required by the planning process exist or (b) (1) The Regional Administrator will be obtained.

shall from time to time review each (8) A description of reports including State's approved planning process for the State strategy that will be submitted the purpose of insuring that such planunder section 106 of the Act.

ning process is at all times adequate to $ 130.52 Planning process review; ap

assure the goal of paragraph (a) of this

section. proval or disapproval.

(2) The State shall revise its process The Regional Administrator shall ap

as necessary upon a finding by the Reprove or disapprove the planning process gional Administrator and notification by submitted pursuant to § 130.50 within 30 him to the State that the process is subdays after the date of submission, as

stantially inadequate to assure the goal follows:

of paragraph (a) of this section. (a) If the Regional Administrator de- (3) The State shall revise its process termines that the planning process con- within 60 days following notification by forms with the requirements of the Act the Regional Administrator pursuant to and this Part 130, he shall notify the subparagraph (2) of this paragraph or Governor by letter.

by such later date as may be prescribed (b) If the Regional Administrator de- by the Regional Administrator after contermines that the process fails to con

sultation with the State. form with the requirements of the Act (c) Revisions of the process shall be and this Part 130, he shall so notify the submitted in accordance with $ 130.50. Governor by letter and shall state:

(d) Review and approval or disap(1) The specific revisions necessary to proval of revisions of the process shall obtain approval of the process; and

be carried out in accordance with (2) The time period for resubmission $ 130.52. of the revised process or portions thereof.

$ 130.55 Reports. $ 130.53 Prohibition of approval of cer- The annual State strategy including tain planning processes.

the State Problem Assessment and PriorThe Regional Administrator shall not ities described in $ 130.41, the State approve any continuing planning process Municipal Discharge Inventory described which will not result in timely plans, for in § 130.43, and the State Industrial Disall navigable waters within the State, charge Inventory described in $ 130.44, that conform with the requirements of as well as any other program progress section 303(e) of the Act and Part 131 report which may be required, shall be of this chapter, relating to such plans. submitted as part of the State program Substantial failure of any plan or plans

submission under section 106 of the Act. prepared pursuant to the process to con

Subpart F-Relationship of Process To Perform with such applicable requirements

mit and Construction Grant Programs may indicate that the planning process by which such plan or plans were devel

$ 130.60 Relationship of continuing oped was deficient and should be revised.

planning process with State particiFailure to accomplish necessary revisions

pation in National Pollutant Dise

charge Elimination System. of the planning process may result in withdrawal of approval of part or all of

(a) State participation in the National the process. The approval of the State

Pollutant Discharge Elimination System,

other than the interim participation proparticipation in the National Pollutant

vided in section 402(a) (5) of the Act, Discharge Elimination System will be withheld or withdrawn if the process is

shall not be approved for any State which not approved. (See $ 130.60.)

does not have an approved continuing

planning process. 8 130.54 Revisions.

(b) Approval of State participation in (a) The State shall annually review the National Pollutant Discharge Elimiits continuing planning process and shall nation System may be withdrawn from revise the process as may be necessary any State if approval of the continuing to assure the development and mainte- planning process is withdrawn following nance of current plans which will ac- approval, including withdrawal of proccomplish national water quality objec- ess approval based on gross failure to tives in conformity with the requirements comply with the schedule for plan prepof the Act.

aration ($$ 130.40 and 130.41) or on fail. ure of plans to conform with the process to the Act. The purpose of this part is to (§ 130.52).

prescribe procedures governing the giv(c) In connection with any permit is- ing of notice required by subsection sued to a significant discharger in a 505(b) of the Act as a prerequisite to the cluster where water quality violations commencement of such actions. occur, or are suspected to occur, and for

$ 135.2 Service of notice. which no plan has been approved by the Regional Administrator, the water qual

(a) Notice of intent to file suit purity impact of the discharges of all mem

suant to section 505(a) (1) of the Act bers, municipal and industrial, of the

shall be served upon an alleged violator cluster to which such major discharger

of an effluent standard or limitation belongs, must be considered in connec

under the Act, or an order issued by the tion with the issuance of such dis

Administrator or a State with respect to charger's permit.

such a standard or limitation, in the fol

lowing manner: $ 130.61 Relationship of continuing (1) If the alleged violator is an indiplanning process with construction

vidual or corporation, service of notice grants.

shall be accomplished by certified mail (a) Before approving a grant for any

addressed to, or by personal service upon, project for any treatment works under the owner or managing agent of the section 201(g) of the Act after June 30, building, plant, installation, vessel, facil1973, the Regional Administrator shall ity, or activity alleged to be in violation. determine, pursuant to 40 CFR 35.925-2, A copy of the notice shall be mailed to that such works are in conformity with the Administrator of the Environmental any applicable plan approved in accord

Protection Agency, the Regional Adminance with this part and Part 131 of this istrator of the Environmental Protection chapter. Disapproval by the Regional Agency for the region in which such vioAdministrator of a plan, or relevant por

lation is alleged to have occurred, and the tion thereof, for the area where a project

chief administrative officer of the water is to be located may constitute grounds pollution control agency for the State for not approving a grant for such

in which the violation is alleged to have project.

occurred. If the alleged violator is a cor(b) The Regional Administrator may poration, a copy of such notice also shall suspend or terminate a grant for any

be mailed to the registered agent, if any, project for any treatment works in ac- of such corporation in the State in which cordance with $ 35.950 of this chapter if

such violation is alleged to have occurred. he determines that such grant is incon

(2) If the alleged violator is a State or sistent with a plan, for the area of the

local agency, service of notice shall be project, approved subsequent to approval

accomplished by certified mail addressed of the grant.

to, or by personal service upon, the head of such agency. A copy of such notice

shall be mailed to the chief administraPART 135— PRIOR NOTICE OF CITIZEN SUITS

tive officer of the water pollution conSec.

trol agency for the State in which the 135.1 Purpose.

violation is alleged to have occurred, the 135.2 Service of notices.

Administrator of the Environmental 135.3 Contents of notice.

Protection Agency, and the Regional AdAUTHORITY.-Sec. 505, Federal Water Pol

ministrator of the Environmental Proteclution Control Act Amendments of 1972 (sec.

tion Agency for the region in which such 2, Public Law 92-500; 86 Stat. 888 (33 U.S.C. violation is alleged to have occurred. 1365).)

(3) If the alleged violator is a Federal SOURCE: 38 FR 15040, June 7, 1973, unless

agency, service of notice shall be accomotherwise noted.

plished by certified mail addressed to,

or by personal service upon, the head of $ 135.1 Purpose.

such agency. A copy of such notice shall Section 505 of the Federal Water Pol- be mailed to the Administrator of the lution Control Act Amendments of 1972 Environmental Protection Agency, the (hereinafter the Act) authorizes any Regional Administrator of the Environperson or persons having an interest mental Protection Agency for the region which is or may be adversely affected to in which such violation is alleged to have commence a civil action on his own be- occurred, the Attorney General of the half to enforce the Act or to enforce cer- United States, and the Chief administratain requirements promulgated pursuant tive officer of the water pollution con

trol agency for the State in which the

SOURCE: 37 FR 12392, June 23, 1972, unless violation is alleged to have occurred. otherwise noted.

(b) Service of notice of intent to file suit pursuant to section 505(a) (2) of the

§ 140.1 Definitions. Act shall be accomplished by certified For the purpose of these standards the mail addressed to, or by personal service following definitions shall apply: upon, the Administrator, Environmental (a) “Sewage” means human body Protection Agency, Washington, D.C. wastes and the wastes from toilets and 20460. A copy of such notice shall be other receptacles intended to receive or mailed to the Attorney General of the retain body wastes; United States.

(b) "Discharge" includes, but is not (c) Notice given in accordance with limited to, any spilling, leaking, pumpthe provisions of this part shall be ing, pouring, emitting, emptying, or deemed to have been served on the post- dumping; mark date if mailed, or on the date of (c) "Marine sanitation device" inreceipt if served personally.

cludes any equipment for installation on § 135.3 Contents of notice.

board a vessel and which is designed to

receive, retain, treat, or discharge sew(a) Violation of stan rd, limitation

age, and any process to treat such or order.-Notice regarding an alleged

sewage; violation of an effluent standard or limi- (d) “Vessel” includes every descriptation or of an order with respect thereto, tion of watercraft or other artificial conshall include suficient information to

trivance used, or capable of being used, permit the recipient to identify the spe- as a means of transportation on the cific standard, limitation, or order alleged navigable waters of the United States; to have been violated, the activity alleged (e) "New vessel” refers to any vessel to constitute a violation, the person or on which construction was initiated on or persons responsible for the alleged viola

after the date of promulgation of the tion, the location of the alleged violation, standards and regulations; the date or dates of such violation, and

(f) "Existing vessel” refers to any vesthe full name, address, and telephone

sel on which construction was initiated number of the person giving notice.

prior to the date of promulgation of the (b) Failure to act.-Notice regarding standards and regulations; an alleged failure of the Administrator

(g) "Fecal coliform bacteria" are to perform any act or duty under the Act

those organisms associated with the inwhich is not discretionary with the Ad

testine of warm blooded animals that are ministrator shall identify the provision

commonly used to indicate the presence of the Act which requires such act or

of fecal material and the potential prescreates such duty, shall describe with

ence of organisms capable of causing reasonable specificity the action taken or

disease in man. not taken by the Administrator which is alleged to constitute a failure to perform

§ 140.2 Scope of standard. such act or duty, and shall state the full The standard adopted herein applies name, address and telephone number of only to vessels on which a marine toilet the person giving the notice.

facility has been installed. The standard (c) Identification of counsel. - The does not require the installation of a notice shall state the name, address, and toilet facility on any vessel that is not so telephone number of the legal counsel, equipped. The standard applies to vesif any, representing the person giving the sels owned and operated by the United notice.

States unless the Secretary of Defense

finds that compliance would not be in PART 140—MARINE SANITATION DEVICE

the interest of national security. STANDARD

§ 140.3 Standard. Sec.

(a) Marine sanitation devices in140.1 Definitions.

stalled on vessels covered by these regu140.2 Scope of standard. 140.3 Standard.

lations shall be designed and operated to 140.4 Complete prohibition.

prevent the overboard discharge of sew140.5 Analytical procedures.

age, treated or untreated, or of any waste AUTHORITY: Sec. 13, 70 Stat. 506, as

derived from sewage, into the navigable amended, 33 U.S.C. 1163. Interpret or apply

waters of the United States. sec. 13(b) (1), 84 Stat. 100, 33 U.S.C. 1163 (b) This standard shall be effective for (b)(1).

new vessels 2 years after initial promul

gation of implementing Coast Guard regulations under section 13(b) (1) of the Act (or, in the case of vessels owned and operated by the Department of Defense, 2 years after promulgation of implementing regulations by the Secretary of Defense under section 13(d) of the Act), and for existing vessels 5 years after such promulgation.

(c) Any existing vessel equipped with a marine sanitation device which is certified by the Coast Guard as being capable of providing a degree of treatment which (1) under the conditions of the certification program to be established by the Coast Guard, will reduce fecal coliform bacteria to no more than 1,000 per 100 milliliters and prevent the discharge of an effluent with visible floating solids; and (2) is installed on or before the date of initial promulgation of implementing Coast Guard regulations under section 13 (b) (1) of the Act, or within 3 years after the time of promulgation, shall not be required to comply with paragraph (a) of this section. This exemption from compliance with paragraph (a) of this section shall continue so long as the device remains operable.

(d) Any existing vessel equipped with a marine sanitation device certified as provided in paragraph (c) of this section which is installed after 3 years from the date of initial promulgation of implementing Coast Guard regulations under section 13(b) (1) of the Act, but before the effective date of paragraph (a) of this section with respect to existing vessels, shall not be required to comply with paragraph (a) of this section for 3 years following such effective date: Provided, That the device remains operable.

(e) The degree of treatment described in paragraph (c) of this section is an "appropriate standard” for purposes of Coast Guard and Department of Defense certification pursuant to section 13(g) (2) of the Act.

(f) This section is not to be construed to accelerate the effective date of section 13(g) (1) of the Act. 8 140.4 Complete prohibition.

A State may make a written application to the Administrator, Environmental Protection Agency, for the issuance of a regulation completely prohibiting discharge from a vessel of any sewage (whether treated or not) into particular

waters of the State, or specified portions thereof, where such waters constitute navigable waters of the United States, Such application shall specify with par. ticularity the waters, or portions thereof, for which a complete prohibition is desired. The application shall also demonstrate that a complete prohibition is required by applicable water quality standards; and in this connection the application shall include: (a) A statement of the applicable water quality standards; and (b) justification for the belief that the discharge of sewage from vessels may contribute to a violation of water quality standards in the waters or portions thereof which are the subject of the application. If, on the basis of the State's application and any other information available to him, the Administrator is unable to make a finding that applicable water quality standards require a complete prohibition of any discharge in the waters or portions thereof covered by the application, he shall state the reasons why he cannot make such a finding, and shall deny the application. If the Administrator makes a finding that applicable water quality standards require a complete prohibition of any discharge in all or any part of the waters or portions thereof covered by the State's application, he shall publish such finding together with a notice of proposed rule making, and then shall proceed in accordance with 5 U.S.C. 553. If the Administrator's finding is that applicable water quality standards require a complete prohibition covering a more restricted or more expanded area than that applied for by the State, he shall state the reasons why his finding differs in scope from that requested in the State's application. No regulation under this section shall be issued to take effect sooner than the effective date of the initial standards and regulations issued under section 13(b) (1) of the Act. & 140.5 Analytical procedures.

In determining the composition and quality of effluent discharged from marine sanitation devices the procedures contained in the current “Standard Methods for the Examination of Water and Wastewater," or subsequent revisions or amendments thereto, shall be employed.

SUBCHAPTER E-PESTICIDES PROGRAMS

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162.13 Adulteration. 162.14 Misbranding.

ENFORCEMENT 162.15 Enforcement. 162.16 Notices of judgment.

TEMPORARY PERMITS 162.17 Limited shipments for experimental

purposes. 162.18 DDT products. 162.19–162.24 [Reserved]

DECLARATION OF PESTS 162.25 Forms of plant and animal life and

viruses declared to be pests.

IMPORTS 162.30 Definitions. 162.31 Registration. 162.32 Declaration. 162.33 Notice of shipments for importation. 162.34 Drawing of samples of Import ship

ments. 162.35 Bond for release of imports pend

ing examination. 162.36 Procedure after examination.

INTERPRETATIONS 162.100 Interpretation as to applicability of

act and regulations to operations

of pest control operators. 162.101 Interpretation of terms included in

definition of economic poison.

Sec. 162.102 Interpretation with respect to

names of products. 162.103 Interpretation with respect to in

gredients and ingredient state

ments. 162.104 Interpretation with respect to

statement of net contents. 162.105 Interpretation of requirements with

respect to directions for use. 162.106 (Reserved] 162.107 Interpretation with respect to ad

vertising. 162.108 Interpretation with respect to la

bels for large containers. 162.109 Interpretation with respect to the

guaranty of an economic poison. 162.110 Interpretation with respect to the

analyzing and testing of economic

poisons. 162.111 (Reserved) 162.113 Interpretation with respect to liquid

and pressurized household insecticides acceptable for generalized application (primarily nondeposit

forming). 162.116 Interpretation with respect to label.

ing of weed killers containing

2,4-D, 2, 4, 5-T, and MCPA. 162.116 Interpretation with respect to warn

ing, caution, and antidote statements required to appear on labels

of economic poisons. 162.117 Interpretation with respect to label

ing of household insecticides con

taining chlordane. 182.119 Interpretation concerning labeling

claims for germicides, disinfectants, and sanitizers recommend.

ed for use in hard water areas. 162.120 Reserved] 162.21 Interpretation with respect to liq

uid, powdered and presurized household insecticides acceptable for depositing insecticidal and

chemical residues. 162.122 Interpretation with respect to claims

for safety and nontoxicity on

labeling of economic poisons. 162.123 Interpretation with respect to label

ing of sodium arsenite or arsenic

trioxide products, 162.124 Interpretation with respect to label

ing of phosphorous paste products, 162.125 Interpretation with respect to the

term "germ proof” and related terms used in labeling of economic

poisons. AUTHORITY: The provisions of this Part 162 issued under sec. 6, 61 Stat. 168; 7 U.S.O. 135d.

SOURCE: The provisions of this Part 162 appear at 36 F.R. 22496, Nov. 25, 1971, unless otherwise noted.

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