40 CFR 122.21 - Application for a permit (applicable to State programs, see

Cite as40 CFR 122.21
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185 practice notes
  • Environmental Protection Agency,
    • United States
    • Federal Register January 22, 2001
    • January 22, 2001
    ...or activity is owned by one person but is operated by another person, it is the operator's duty to obtain [[Page 6874]] a permit,'' (see 40 CFR 122.21(b)). Thus, mobile drill rig ``operators'' as dischargers can apply for FDFs (see 40 CFR 125.32; EPA notes that the ROC limitations and stand......
  • Water pollution control: National Pollutant Discharge Elimination System— Cooling water intake structures at Phase III facilities; requirements,
    • United States
    • Federal Register November 24, 2004
    • November 24, 2004
    ...consistent with Phase I requirements. Today's proposal would establish application requirements for Phase III existing facilities under 40 CFR 122.21 and proposed Sec. 125.104, monitoring requirements [[Page 68479]] proposed Sec. 125.105, and record keeping and reporting requirements under ......
  • Part II
    • United States
    • Federal Register October 14, 2005
    • October 14, 2005
    ...Formal reevaluations of a POTW's technically based local limits must be conducted with each renewal of the POTW's NPDES Permit. See 40 CFR 122.21(j)(2)(ii) EPA recommends, therefore, that recalculation of the Middles Tier criteria be performed and coordinated for submittal to the Approval A......
  • Part II
    • United States
    • Federal Register July 09, 2004
    • July 9, 2004
    ...I Submit to the Director When I Apply for My Reissued NPDES Permit? The NPDES regulations governing the permit application process at 40 CFR 122.21 require that facilities currently holding a permit submit an application for permit renewal 180 days prior to the end of the current permit ter......
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70 cases
  • Texas Oil & Gas Ass'n v. U.S. E.P.A., Nos. 97-60042
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 10, 1998
    ...demonstration that it is "fundamentally different" from other dischargers in the category or subcategory. 33 U.S.C. § 1311(n); 40 C.F.R. §§ 122.21(m)(1), In situations where the EPA has not yet promulgated any ELGs for the point source category or subcategory, NPDES permits must incorporate......
  • United States Public Interest Research Grp. v. Heritage Salmon, Civil No. 00-150-B-C (D. Me. 2/19/2002), Civil No. 00-150-B-C.
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • February 19, 2002
    ...is an identifiable source from which spent shots and target fragments are conveyed into navigable waters). 22. Heritage cites part of 40 C.F.R. § 122.21(i)(2) which states that the CAAPF application requires the applicant to provide "(i) [t]he maximum daily and average monthly flow from eac......
  • West Virginia Highlands Conservancy v. Huffman, Civil Action No. 2:07-0410.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • August 24, 2009
    ...and who does not have an effective permit . . . must submit a complete application to the Director in accordance with this section." 40 C.F.R. § 122.21(a). Similar to the text of the CWA, 40 C.F.R. § 122.2 defines "person" as "an individual, association, partnership, corporation, municipali......
  • Environment. Orotect, Info. Ctr. v. Pacific Lumber, No. C 01-2821 MHP.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • June 6, 2003
    ...the concerns of NRDC v. EPA would become reality. This hypothetical is far-fetched at best. A discharger must apply for a permit, 40 C.F.R. § 122.21(a)(1), and the EPA or state cannot issue a permit until the application is complete, id. § 122.21(e)(1). Because of section 122.27, a logging ......
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3 books & journal articles
  • Permits and state permit programs
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • July 23, 2017
    ...40 C.F.R. § 122.46. Permittees must ile applications for renewal at least six months prior to the expiration of their permits. 40 C.F.R. § 122.21(d). If EPA issues both the expiring and new permits, and a timely, complete reapplication is iled, the old permit will continue to be in force un......
  • Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Navigble Waters' Element of the Clean Water Act Offense
    • United States
    • Environmental Law Reporter Nbr. 45-6, June 2015
    • June 1, 2015
    ...(4th Cir. 1997), in which the U.S. Court of Appeals for the Fourth Circuit held that an isolated wetland was not navigable water. 314. 40 C.F.R. §122.21, Waters of the United States (c). can be tributaries, 315 isolated ponds would not beneit from the deinition of tributaries. On the other ......
    • United States
    • American Criminal Law Review Nbr. 58-3, July 2021
    • July 1, 2021
    ...53 F.3d 533, 534 (2d Cir. 1995) (upholding conviction for falsifying, tampering with, or rendering monitoring device inaccurate). 270. 40 C.F.R. § 122.21 (2020) (explaining individual permits); id. § 122.28 (explaining general permits). 271. Id. § 122.21(c)(1). 272. 33 U.S.C. §§ 1314(b), 13......

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