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A beginners guide to EPA's 40 CFR 

 

October 13, 2024

 

Welcome to the first edition of our deep dive into Title 40 of the Code of Federal Regulations (CFR), which governs environmental protection in the U.S. This series will walk through each section and subchapter of Title 40, focusing on the rules and programs that help protect the environment. This introductory post will give you a bird's-eye view of the Environmental Protection Agency's (EPA) regulations listed in the 40 CFR, and let you make your own opinions of whether or not the American manufacturing and industrial sector's are over regulated.

 

Chapter I: Environmental Protection Agency (Parts 1 – 1099)

 

This chapter covers a broad range of EPA regulations across various industries, ranging from air quality to hazardous waste control. Each subchapter focuses on a specific environmental issue.

 

Subchapter A: General (Parts 1 – 31)

 

This section lays out the general administrative rules and procedures the EPA follows to implement environmental regulations. 

 

Who could this affect?

 

This part is less about direct industry regulation and more about the inner workings of the EPA. It affects federal agencies, state environmental agencies, and organizations that interact with the EPA on policy or regulatory matters.

 

Subchapter B: Grants and Other Federal Assistance (Parts 33 – 49)

 

This part explains how federal grants are distributed for environmental projects. It provides details about applying for and managing grants, which is crucial for securing federal assistance.

 

Who could this affect?

 

State and local governments, universities, nonprofits, and businesses that apply for environmental grants and funding could be impacted. These rules also affect any project or program seeking federal support for environmental protection efforts.

 

Subchapter C: Air Programs (Parts 50 – 99)

 

This section sets the national air quality standards and regulations for controlling air pollution. It establishes emission limits and monitoring requirements.

 

Who could this affect?

 

Industries such as manufacturing, power plants, oil refineries, and automobile manufacturers are heavily regulated under these air quality standards. Any business with industrial facilities that release pollutants into the atmosphere would need to comply.

 

Subchapter D: Water Programs (Parts 100 – 149)

 

These regulations cover water pollution and protection. The Clean Water Act lives here, setting water quality standards to ensure safe drinking water and healthy aquatic ecosystems.

 

Who could this affect?

 

This part impacts industries like agriculture, wastewater treatment plants, chemical manufacturers, mining operations, and any facility that discharges wastewater into rivers, lakes, or oceans. Municipal water systems are also subject to these regulations.

 

Subchapter E: Pesticide Programs (Parts 150 – 189)

 

Pesticides are heavily regulated to protect public health and the environment. This section establishes guidelines for the registration, distribution, and use of pesticides.

 

Who could this affect?

 

Farmers, agricultural businesses, landscaping companies, pest control services, and manufacturers of pesticides are directly regulated under this section. It affects any industry involved in the production or application of pesticides.

 

Subchapter F: Radiation Protection Programs (Parts 190 – 197)

 

This section limits exposure to radiation from both natural and artificial sources. It sets standards to protect public health from radiation hazards.

 

Who could this affect?

 

Nuclear power plants, medical facilities that use radiological equipment, research labs, and industries that deal with radioactive materials (such as uranium mining or nuclear waste storage) must comply with these regulations.

 

Subchapter G: Noise Abatement Programs (Parts 201 – 211)

 

Noise pollution, often underestimated, is regulated here. These rules set standards for reducing noise from industrial and transportation sources.

 

Who could this affect?

 

Industries like construction, manufacturing, transportation (airports, railways), and entertainment (amusement parks, stadiums) need to adhere to noise control standards, particularly when operating near residential areas.

 

Subchapter H: Ocean Dumping (Parts 220 – 238)

 

This section oversees the disposal of waste materials into oceans. The EPA regulates what materials can be dumped and under what conditions, aiming to protect marine ecosystems.

 

Who could this affect?

 

Shipping companies, waste disposal companies, dredging operations, and offshore oil and gas platforms may need permits to comply with these ocean dumping regulations. Any industry that generates waste that might be dumped at sea could be affected.

 

Subchapter I: Solid Wastes (Parts 239 – 299)

 

Solid waste management, including both hazardous and non-hazardous waste, is the focus here. It sets out how waste should be handled, stored, treated, and disposed of.

 

Who could this affect?

 

Landfills, recycling centers, waste management companies, hospitals, chemical manufacturers, and any business generating significant amounts of solid or hazardous waste would need to follow these rules. This part is also critical for municipal waste systems.

 

Subchapter J: Superfund, Emergency Planning, and Community Right-to-Know Programs (Parts 300 – 399)

 

This is where the famous "Superfund" program lives, which focuses on cleaning up contaminated land and hazardous waste sites. It also includes rules about emergency planning and informing the public about dangerous chemicals.

 

Who could this affect?

 

Chemical manufacturers, waste disposal facilities, mining operations, oil refineries, and companies with hazardous materials on-site are directly affected. These rules apply to industries that might be involved in or affected by the cleanup of hazardous waste or spills.

 

Subchapter N: Effluent Guidelines and Standards (Parts 400 – 471)

 

Effluent refers to wastewater, and this section sets strict standards for how industries can discharge it into bodies of water.

 

Who could this affect?

 

Industries such as manufacturing (paper mills, food processing), energy (coal, oil), and agriculture must adhere to these water discharge limits. Facilities that release wastewater into natural bodies of water must ensure their effluent complies with EPA standards.

 

Subchapter O: Sewage Sludge (Parts 501 – 503)

 

This section governs how sewage sludge—what’s left over after treating wastewater—can be used or disposed of safely.

 

Who could this affect?

 

Wastewater treatment plants, agricultural operations using biosolids (treated sludge as fertilizer), and companies involved in sludge disposal must comply with these guidelines. This part affects municipal governments, too, as they often manage sewage treatment facilities.

 

- Part 501: State Sludge Management Program Regulations

 

This part ensures that states follow EPA-approved sewage sludge management programs. It affects state-level agencies responsible for regulating sludge disposal.

 

- Part 503: Standards for the Use or Disposal of Sewage Sludge

 

These standards regulate the use of sewage sludge in agriculture and the disposal of excess sludge. Farmers using biosolids as fertilizer and facilities managing sludge disposal must comply.

 

Subchapter Q: Energy Policy (Parts 600 – 699)

 

This section covers fuel economy and greenhouse gas emissions from vehicles. It sets the standards for making vehicles more fuel-efficient and less polluting.

 

Who could this affect?

 

Automakers, parts manufacturers, and industries producing vehicles (including heavy-duty trucks and buses) are regulated by these rules. Car owners and businesses retrofitting vehicles for better fuel efficiency may also be impacted.

 

- Part 600: Fuel Economy and Greenhouse Gas Exhaust Emissions of Motor Vehicles

 

This part impacts vehicle manufacturers, especially those working with internal combustion engines, by setting emissions limits and fuel efficiency requirements.

 

- Part 610: Fuel Economy Retrofit Devices

 

Companies producing or installing retrofit devices to improve fuel economy will need to ensure their products comply with these standards. 

 

Subchapter R: Toxic Substances Control Act (Parts 700 – 799)

 

This section governs the production, use, and disposal of toxic substances and chemicals. It requires testing and regulation of potentially harmful chemicals.

 

Who could this affect?

 

Chemical manufacturers, importers, and users of substances that might be deemed toxic are regulated under this act. It affects industries that produce, process, or distribute chemicals, especially if those chemicals are considered hazardous.

 

Subchapter U: Air Pollution Controls (Parts 1000 – 1099)

 

This section sets additional rules for reducing air pollution. It emphasizes specific pollution control technologies and industry standards to minimize harmful emissions.

 

Who could this affect?

 

Industries such as power generation, steel production, and cement manufacturing are affected. Any business that emits air pollutants from stationary sources (factories, refineries) would need to comply with these air control standards.

 

There you have it - now have a better idea of which industries are regulated under the EPA’s 40 CFR and how they are affected. In the following articles, we'll dive deeper into each subchapter to explain these rules in more detail. 

 

Resource: 

 

https://www.ecfr.gov/current/title-40/chapter-I