40 C.F.R. § 401.16
Conventional pollutants
The following comprise the list of conventional pollutants designated pursuant to section 304(a)(4) of the Act:
Notes of Decisions
Cited in 12
cases, 1985–2020 · leading case: Am. Petroleum Inst. v. Env't Prot. Agency, 787 F.2d 965 (5th Cir. 1986).
Am. Petroleum Inst. v. Env't Prot. Agency, 787 F.2d 965 (5th Cir. 1986). “Rather, it belongs among the “oil and grease” family of conventional pollutants identified at 40 C.F.R. § 401.16 . In its preamble to the rule classifying oil and grease as conventional, EPA recognized that this pollutant category covers oil and grease “from animal and vegetable…”
Sierra Club, Lone Star Chapter v. Cedar Point Oil Co., 73 F.3d 546 (5th Cir. 1996). “” 40 C.F.R. § 401.16 . Given this support in the statute, as reinforced by EPA’s own regulations, we conclude that Cedar Point’s produced water is a *569 pollutant within the meaning of the CWA.”
Citizens Coal Council & Kentucky Resources Council, Inc. v. United States Env't Prot. Agency, 447 F.3d 879 (6th Cir. 2006). “§ 1314 (a)(4); 40 C.F.R. § 401.16 . Toxic pollutants are identified by Congress and the EPA.”
Am. Petroleum Inst. v. United States Env't Prot. Agency, 858 F.2d 261 (5th Cir. 1988). “EPA ordinarily regulates conventional pollutants according to best conventional pollutant technology (BCT); the current list of conventional pollutants, 40 C.F.R. § 401.16 , does not include any oils.”
Connecticut Fund for the Env't, Inc. v. Upjohn Co., 660 F. Supp. 1397 (D. Conn. 1987). “Conventional pollutants are described at § 1314(a)(4) and listed at 40 C.F.R. § 401.16 . Toxic pollutants are described in § 1317(a)(1) and listed at 40 C.”
Int'l Union, United Auto., Aerospace & Agric. Implement Workers of Am. v. Amerace Corp., 740 F. Supp. 1072 (D.N.J. 1990). “40 C.F.R. § 401.16 . Thus, Harvard’s ongoing violations constitute irreparable injury because they are directly contrary to Congress’ determination that the underlying discharges should be eliminated altogether.”
BP Expl. & Oil, Inc. v. United States Env't Prot. Agency, 66 F.3d 784 (6th Cir. 1995). “Although oil and grease are conventional pollutants rather than toxics, oil and grease are limited under BAT and NSPS as an "indicator” pollutant to measure discharge of toxic and noncon-ventional pollutants. . Material that is soluble is ‘‘[c]apable of mixing with a liquid…”
Nat. Resources Def. Council, Inc. v. U.S. Env't Prot. Agency, 863 F.2d 1420 (9th Cir. 1988). “Conventional pollutants are listed at 40 C.F.R. § 401.16 (1987). . NRDC urges EPA to adopt other alternatives to reinjection of produced water.”
Reynolds Metals Co. v. United States Env't Prot. Agency, 760 F.2d 549 (4th Cir. 1985). “The pollutants sought to be removed from the nation’s waterways are divided into three types: (1) "conventional pollutants,” which include oil and grease, pollutants classified as biological oxygen demanding, total suspended solids, fecal coliform, and pH, 40 C.F.R. § 401.16…”
Pennenvironment v. PPG Indus., Inc., 127 F. Supp. 3d 336 (W.D. Pa. 2015). “40 C.F.R. § 401.16 . Finally, the term “navigable waters” means “the waters of the United States.”
California Sportfishing Prot. All. v. Elder Creek Transfer & Recovery, Inc. (E.D. Cal. 2020). “40 C.F.R. § 401.16 . All other pollutants are either toxic or nonconventional.”
Citizens Coal v. EPA (6th Cir. 2006). “§ 1314 (a)(4); 40 C.F.R. § 401.16 . Toxic pollutants are identified by Congress and the EPA.”
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