ure of plans to conform with the process (§ 130.52).

(c) In connection with any permit issued to a significant discharger in a cluster where water quality violations occur, or are suspected to occur, and for which no plan has been approved by the Regional Administrator, the water quality impact of the discharges of all members, municipal and industrial, of the cluster to which such major discharger belongs, must be considered in connection with the issuance of such discharger's permit.

§ 130.61 Relationship of

continuing planning process with construction grants.

(a) Before approving a grant for any project for any treatment works under section 201 (g) of the Act after June 30, 1973, the Regional Administrator shall determine, pursuant to 40 CFR 35.925–2, that such works are in conformity with any applicable plan approved in accordance with this part and Part 131 of this chapter. Disapproval by the Regional Administrator of a plan, or relevant portion thereof, for the area where a project is to be located may constitute grounds for not approving a grant for such project.

(b) The Regional Administrator may suspend or terminate a grant for any project for any treatment works in accordance with § 35.950 of this chapter if he determines that such grant is inconsistent with a plan, for the area of the project, approved subsequent to approval of the grant.

to the Act. The purpose of this part is to prescribe procedures governing the giving of notice required by subsection 505(b) of the Act as a prerequisite to the commencement of such actions.

§ 135.2 Service of notice.

(a) Notice of intent to file suit pursuant to section 505(a)(1) of the Act shall be served upon an alleged violator of an effluent standard or limitation under the Act, or an order issued by the Administrator or a State with respect to such a standard or limitation, in the following manner:

(1) If the alleged violator is an individual or corporation, service of notice shall be accomplished by certified mail addressed to, or by personal service upon, the owner or managing agent of the building, plant, installation, vessel, facility, or activity alleged to be in violation. A copy of the notice shall be mailed to the Administrator of the Environmental Protection Agency, the Regional Administrator of the Environmental Protection Agency for the region in which such violation is alleged to have occurred, and the chief administrative officer of the water pollution control agency for the State in which the violation is alleged to have occurred. If the alleged violator is a corporation, a copy of such notice also shall be mailed to the registered agent, if any, of such corporation in the State in which such violation is alleged to have occurred.

(2) If the alleged violator is a State or local agency, service of notice shall be accomplished by certified mail addressed to, or by personal service upon, the head of such agency. A copy of such notice shall be mailed to the chief administrative officer of the water pollution control agency for the State in which the violation is alleged to have occurred, the Administrator of the Environmental Protection Agency, and the Regional Administrator of the Environmental Protection Agency for the region in which such violation is alleged to have occurred.

(3) If the alleged violator is a Federal agency, service of notice shall be accomplished by certified mail addressed to, or by personal service upon, the head of such agency. A copy of such notice shall be mailed to the Administrator of the Environmental Protection Agency, the Regional Administrator of the Environmental Protection Agency for the region in which such violation is alleged to have occurred, the Attorney General of the United States, and the Chief administrative officer of the water pollution con

trol agency for the State in which the violation is alleged to have occurred.

(b) Service of notice of intent to file suit pursuant to section 505 (a) (2) of the Act shall be accomplished by certified mail addressed to, or by personal service upon, the Administrator, Environmental Protection Agency, Washington, D.C. 20460. A copy of such notice shall be mailed to the Attorney General of the United States.

(c) Notice given in accordance with the provisions of this part shall be deemed to have been served on the postmark date if mailed, or on the date of receipt if served personally. § 135.3 Contents of notice.

(a) Violation of standard, limitation or order.-Notice regarding an alleged violation of an effluent standard or limitation or of an order with respect thereto, shall include sufficient information to permit the recipient to identify the specific standard, limitation, or order alleged to have been violated, the activity alleged to constitute a violation, the person or persons responsible for the alleged violation, the location of the alleged violation, the date or dates of such violation, and the full name, address, and telephone number of the person giving notice.

(b) Failure to act.-Notice regarding an alleged failure of the Administrator to perform any act or duty under the Act which is not discretionary with the Administrator shall identify the provision of the Act which requires such act or creates such duty, shall describe with reasonable specificity the action taken or not taken by the Administrator which is alleged to constitute a failure to perform such act or duty, and shall state the full name, address and telephone number of the person giving the notice.

(c) Identification of counsel. - The notice shall state the name, address, and telephone number of the legal counsel, if any, representing the person giving the notice.

For the purpose of these standards the following definitions shall apply:

(a) "Sewage" means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes;

(b) "Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping;

(c) "Marine sanitation device" includes any equipment for installation on board a vessel and which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage;

(d) "Vessel" includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters of the United States;

(e) "New vessel" refers to any vessel on which construction was initiated on or after the date of promulgation of the standards and regulations;

(f) "Existing vessel" refers to any vessel on which construction was initiated prior to the date of promulgation of the standards and regulations;

(g) "Fecal coliform bacteria" are those organisms associated with the intestine of warm blooded animals that are commonly used to indicate the presence of fecal material and the potential presence of organisms capable of causing disease in man.

§ 140.2 Scope of standard.

The standard adopted herein applies only to vessels on which a marine toilet facility has been installed. The standard does not require the installation of a toilet facility on any vessel that is not so equipped. The standard applies to vessels owned and operated by the United States unless the Secretary of Defense finds that compliance would not be in the interest of national security. § 140.3 Standard.

(a) Marine sanitation devices installed on vessels covered by these regulations shall be designed and operated to prevent the overboard discharge of sewage, treated or untreated, or of any waste derived from sewage, into the navigable waters of the United States.

(b) This standard shall be effective for 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.

§ 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 particularity 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 Admin- | istrator 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.

§ 162.1

Words in singular form.

Words used in the singular form in this part shall include the plural, and vice versa, as the case may require.

§ 162.2 Terms defined.

Terms used in this part shall have the meanings set forth for such terms in the Act. In addition, as used in this part, the following terms shall have the meanings stated below:

(a) Act. "Act" means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended.

(b) Director. "Director" means the Director of the Pesticides Regulation Division, Environmental Protection Agency, or any officer or employee to whom he has heretofore lawfully delegated or to whom he may hereafter lawfully delegate the authority to act in his stead.

(c) Agency. "Agency" means the Environmental Protection Agency.

(d) Economic poison. "Economic polson" includes all preparations intended for use as insecticides, rodenticides, nematocides, fungicides, herbicides, amphibian and reptile poisons or repellents, bird poisons or repellents, fish poisons or repellents, mammal poisons or repellents, invertebrate animal poisons or repellents, plant regulators, plant defoliants, and plant desiccants. A product shall be deemed to be an economic poison regardless of whether intended for use as packaged or after dilution or mixture with other substances, such as carriers or baits. Products intended only for use after further processing or manufacturing, such as grinding to dust or more extensive operations, shall not be deemed to be economic poisons. Substances which have recognized commercial uses other than uses as economic poisons shall not be deemed to be economic poisons unless such substances are:

(1) Specially prepared for use as economic poisons, or

(2) Labeled, represented, or intended for use as economic poisons, or

(3) Marketed in channels of trade where they will presumably be purchased as economic poisons.

(e) Fungicide. "Fungicide" includes all preparations intended for preventing, destroying, repelling, or mitigating any fungi or any viruses (other than those on or in living man or other animals). Examples of fungicides include but are not limited to: (1) Plant fungicides, seed fungicides, fungicidal wood preservatives,

and mildew and mold preventatives, and (2) Disinfectants, sanitizers, and sterilizers, except those for use only on or in living man or other animals.

(f) Herbicide. "Herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed, including any algae or other aquatic weed, or any plant parts growing where not wanted.

(g) Nematocide. "Nematocide" includes only those products intended for preventing, destroying, repelling, or mitigating nematodes inhabiting soil, water, plants, or plant parts. The term does not include products intended for use against nematodes in or on living man or other animals.

(h) Plant regulator. "Plant regulator" includes those substances intended to alter the behavior of ornamental or crop plants or the produce thereof through physiological rather than physical action. The term includes, but is not limited to, substances intended to accelerate or retard the rate of growth or maturation of ornamental or crop plants, enhance fruit set, prevent fruit drop, accelerate root formation and elongation, prolong or break domancy of ornamental or crop plants or the produce thereof, but shall not include substances intended solely for use as plant nutrients or fertilizers.

(i) Active ingredient. An "active ingredient" is an ingredient which: (1) Is capable in itself, and when used in the same manner and for the same purposes as directed for use of the product, of preventing, destroying, repelling, or mitigating insects, fungi, rodents, weeds, nematodes, or other pests, or altering through physiological action the behavior of ornamental or crop plants or the produce thereof, or causing leaves or foilage to drop from a plant, or artificially accelerating the drying of plant tissue.

(2) Is present in the product in an amount sufficient to add materially to its effectiveness; and

(3) Is not antagonistic to the activity of the principal active ingredient: Provided, however, That the Director may require an ingredient to be designated as an active ingredient if, in his opinion, it sufficiently increases the effectiveness of the economic poison to warrant such action.

(j) Official inspector. "Official inspector" means any employee or agent of