[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR21.2]

[Page 246-247]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 21_SMALL BUSINESS--Table of Contents
 
Sec. 21.2  Definitions.

    (a) Small business concern means a concern defined by section 2[3] 
of the Small Business Act, 15 U.S.C. 632, 13 CFR part 121, and 
regulations of the Small Business Administration promulgated thereunder.
    (b) For purposes of paragraph 7(g)(2) of the Small Business Act, 
necessary and adequate refers to additions, alterations, or methods of 
operation in the absence of which a small business concern could not 
comply with one or more applicable standards. This can be determined 
with reference to design specifications provided by manufacturers, 
suppliers, or consulting engineers; including, without limitations, 
additions, alterations, or methods of operation the design 
specifications of which will provide a measure of treatment or abatement 
of pollution in excess of that required by the applicable standard.
    (c) Applicable Standard means any requirement, not subject to an 
exception under Sec. 21.6, relating to the quality of water containing 
or potentially containing pollutants, if such requirement is imposed by:
    (1) The Act;
    (2) EPA regulations promulgated thereunder or permits issued by EPA 
or a State thereunder;
    (3) Regulations by any other Federal Agency promulgated thereunder;
    (4) Any State standard or requirement as applicable under section 
510 of the Act;
    (5) Any requirements necessary to comply with an areawide management 
plan approved pursuant to section 208(b) of the Act;
    (6) Any requirements necessary to comply with a facilities plan 
developed under section 201 of the Act (see 35 CFR, subpart E);
    (7) Any State regulations or laws controlling the disposal of 
aqueous pollutants that may affect groundwater.
    (d) Regional Administrator means the Regional Administrator of EPA 
for the region including the State in which the facility or method of 
operation is located, or his designee.
    (e) Act means the Federal Water Pollution Control Act, 33 U.S.C. 
1151, et seq.
    (f) Pollutant means dredged spoil, solid waste, incinerator residue, 
sewage, garbage, sewage sludge, munitions, chemical wastes, biological 
materials, radioactive materials, heat,

[[Page 247]]

wrecked or discarded equipment, rock, sand, cellar dirt and industrial, 
municipal, and agricultural waste discharged into water. For the 
purposes of this section, the term also means sewage from vessels within 
the meaning of section 312 of the Act.
    (g) Permit means any permit issued by either EPA or a State under 
the authority of section 402 of the Act; or by the Corps of Engineers 
under section 404 of the Act.
    (h) State means a State, the District of Columbia, the Commonwealth 
of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust 
Territory of the Pacific Islands.

    Comment: As the SBA does not extend its programs to the Canal Zone, 
the listing of the Canal Zone as a State for the purposes of meeting a 
requirement imposed by section 311 or 312 of the Act is not effective in 
this regulation.

    (i) Statement means a written approval by EPA, or if appropriate, a 
State, of the application.
    (j) Facility means any building, structure, installation or vessel, 
or portion thereof.
    (k) Construction means the erection, building, acquisition, 
alteration, remodeling, modification, improvement, or extension of any 
facility; Provided, That it does not mean preparation or undertaking of: 
Plans to determine feasibility; engineering, architectural, legal, 
fiscal, or economic investigations or studies; surveys, designs, plans, 
writings, drawings, specifications or procedures.

    Comment: This provision would not later preclude SBA financial 
assistance being utilized for any planning or design effort conducted 
previous to construction.

    (l) The term additions and alterations means the act of undertaking 
construction of any facility.
    (m) The term methods of operation means the installation, 
emplacement, or introduction of materials, including those involved in 
construction, to achieve a process or procedure to control: Surface 
water pollution from non-point sources--that is, agricultural, forest 
practices, mining, construction; ground or surface water pollution from 
well, subsurface, or surface disposal operations; activities resulting 
in salt water intrusion; or changes in the movement, flow, or 
circulation of navigable or ground waters.
    (n) The term vessel means 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 other than a 
vessel owned or operated by the United States or a State or a political 
subdivision thereof, or a foreign nation; and is used for commercial 
purposes by a small business concern.
    (o) EPA means the Environmental Protection Agency.
    (p) SBA means the Small Business Administration.
    (q) Areawide agency means an areawide management agency designated 
under section 208(c)(1) of the Act.
    (r) Lateral sewer means a sewer which connects the collector sewer 
to the interceptor sewer.
    (s) Interceptor sewer means a sewer whose primary purpose is to 
transport wastewaters from collector sewers to a treatment facility.