40 C.F.R. § 136.1

Applicability

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(a) The procedures prescribed herein shall, except as noted in §§ 136.4, 136.5, and 136.6, be used to perform the measurements indicated whenever the waste constituent specified is required to be measured for:

(1) An application submitted to the Director and/or reports required to be submitted under NPDES permits or other requests for quantitative or qualitative effluent data under parts 122 through 125 of this chapter; and

(2) Reports required to be submitted by dischargers under the NPDES established by parts 124 and 125 of this chapter; and

(3) Certifications issued by States pursuant to section 401 of the Clean Water Act (CWA), as amended.

(b) The procedure prescribed herein and in part 503 of title 40 shall be used to perform the measurements required for an application submitted to the Administrator or to a State for a sewage sludge permit under section 405(f) of the Clean Water Act and for recordkeeping and reporting requirements under part 503 of title 40.

(c) For the purposes of the NPDES program, when more than one test procedure is approved under this part for the analysis of a pollutant or pollutant parameter, the test procedure must be sufficiently sensitive as defined at 40 CFR 122.21(e)(3) and 122.44(i)(1)(iv).

[72 FR 14224, Mar. 26, 2007, as amended at 77 FR 29771, May 18, 2012; 79 FR 49013, Aug. 19, 2014; 82 FR 40846, Aug. 28, 2017]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1995–2026 · leading case: Commonwealth of Massachusetts v. Blackstone Valley Elec. Co., 67 F.3d 981 (1st Cir. 1995).

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Commonwealth of Massachusetts v. Blackstone Valley Elec. Co., 67 F.3d 981 (1st Cir. 1995). “40 C.F.R. § 136.1 (emphasis added). None of these three expressly designated uses for the test procedures is applicable here, and none has anything to do with providing a definition of any class of pollutants.”

Fairview Hosp. & Health Care Servs. v. St. Paul Fire & Marine Ins. Co., 535 N.W.2d 337 (Minn. 1995). “40 C.F.R. § 136.1 -.5 (1984). 3 Thus, any conclusion that prior to 1980 the groundwater beneath the East Bethel and Oak Grove landfills was acceptable, was, in all likelihood, not based on a consideration of the presence of VOCs.”

Reyes-Munoz (D.P.R. 2026). “See 40 C.F.R. § 136.1 (a)-(c). Part 136 does not fall within the anticipated scope of Ms.”

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