40 C.F.R. § 129.4

Toxic pollutants

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The following are the pollutants subject to regulation under the provisions of this subpart:

(a) Aldrin/Dieldrin—Aldrin means the compound aldrin as identified by the chemical name, 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-1,4 -endo-5,8-exo-dimethanonaphthalene; “Dieldrin” means the compound the dieldrin as identified by the chemical name 1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a-octahydro-1,4-endo-5,8-exo-dimethanonaphthalene.

(b) DDT—DDT means the compounds DDT, DDD, and DDE as identified by the chemical names: (DDT)-1,1,1-trichloro-2,2-bis(p-chlorophenyl) ethane and someo,p′-isomers; (DDD) or (TDE)-1,1-dichloro-2,2-bis(p-chlorophenyl) ethane and some o,p′-isomers; (DDE)-1,1-dichloro-2,2-bis(p-chlorophenyl) ethylene.

(c) Endrin—Endrin means the compound endrin as identified by the chemical name 1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a-octahydro-1,4-endo-5,8-endodimethanonaphthalene.

(d) Toxaphene—Toxaphene means a material consisting of technical grade chlorinated camphene having the approximate formula of C10 H10 Cl8 and normally containing 67-69 percent chlorine by weight.

(e) Benzidine—Benzidine means the compound benzidine and its salts as identified by the chemical name 4,4′-diaminobiphenyl.

(f) Polychlorinated Biphenyls (PCBs) polychlorinated biphenyls (PCBs) means a mixture of compounds composed of the biphenyl molecule which has been chlorinated to varying degrees.

[42 FR 2613, Jan. 12, 1977, as amended at 42 FR 2620, Jan. 12, 1977; 42 FR 6555, Feb. 2, 1977]

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1983–2021 · leading case: United States v. Wade, 577 F. Supp. 1326 (E.D. Pa. 1983).

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United States v. Wade, 577 F. Supp. 1326 (E.D. Pa. 1983). “3 and effluent standards for certain toxic pollutants are published at 40 C.F.R. § 129.4 et seq. The generator defendants contend the government’s motion for summary judgment must be denied because the government has failed to establish that their wastes contain a reportable…”

Commonwealth of Massachusetts v. Blackstone Valley Elec. Co., 67 F.3d 981 (1st Cir. 1995). “” The EPA has in the past resorted to its rulemaking authority to provide clear guidance to the public as to the scope of at least six other substances or classes of substances listed as CWA toxic pollutants, see 40 C.F.R. § 129.4 , but it never has done so with respect to the…”

Narragansett Elec. Co. v. United States Env't Prot. Agency, 407 F.3d 1 (1st Cir. 2005). “See 40 C.F.R. § 129.4 (listing effluent standards for only six toxic pollutants).”

United States v. Outboard Marine Corp., 789 F.2d 497 (3rd Cir. 1986). “3 PCB is listed as a toxic pollutant pursuant to section 307(a) of the Clean Water Act, 40 C.F.R. 129.4, and is designated as a hazardous substance pursuant to section 311 of the Clean Water Act, 40 C.”

United States v. Outboard Marine Corp., 789 F.2d 497 (7th Cir. 1986). “OMC alleged that CERCLA section 106 was merely a jurisdictional statute that did not provide for substantive liability; and, assuming that the statute did allow for substantiative in-junctive relief, the EPA had failed to plead sufficient facts to establish that the presence of…”

Nw. Pulp & Paper Assoc. V. Dep't Of Ecology (Wash. Ct. App. 2021). “§ 1251 (a); 40 C.F.R. § 129.4 (f). Under the Clean Water Act, it is unlawful to discharge any pollutant into the water unless the discharger has applied for and received a National Pollutant Discharge Elimination System (NPDES) permit.”

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