40 C.F.R. §122.45 - Calculating NPDES permit conditions (applicable to State NPDES programs, see 123.25)
| Cite as | 40 C.F.R. §122.45 |
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23 cases
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Natural Resources Defense Council, Inc. v. U.S. E.P.A., 80-1607
...for pollutants in its intake water? The EPA has ruled that as a general matter it may not--that pollution will be measured "gross." 40 C.F.R. Sec. 122.45(g). Its supporting reasoning seems internally contradictory. On the one hand it says that "within a broad range of influent pollutant con......
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Andersen v. Dep't of Natural Res., 2008AP3235.
...Mill's increase in phosphorous discharge will cause or contribute to a violation of water quality standards; 6 (2) pursuant to 40 C.F.R. § 122.45(d) and (f), the proposed permit must state the effluent limitation for phosphorous as a maximum daily and average monthly discharge limitation an......
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Upper Blackstone Water Pollution Abatement Dist. v. U.S. Envtl. Prot. Agency, s. 11–1474
...impermissible assumption in setting the nitrogen limit that the District's discharge will remain below its design flow of 56 mgd. See40 C.F.R. § 122.45(b)(1) ( “POTW [ ] [publicly owned treatment work] effluent limitations ... shall be calculated based on design flow.”). However, CLF has wa......
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Catskill Mountains Chapter of Trout Unlimited, Inc. v. U.S. Envtl. Prot. Agency, Docket No. 14-1823
...1342)).42 Likewise, EPA's own regulations suggest that "navigable waters" refers to individual water bodies. For example, 40 C.F.R. § 122.45(g)(4) regulates intake credits. As the Supreme Court has observed, this regulation is incompatible with the "unitary waters" theory:The "unitary water......
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1 firm's commentaries
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Sixth Amendment Requirement That Juries Find Facts Necessary to Impose Fines Above Statutory Maximum Raises New Questions for Environmental Prosecutions
...violations? Under the Clean Water Act, some testing requirements yield results called “monthly averages” for particular constituents. 40 C.F.R. § 122.45 (2000). It is presumed that where testing reveals results in excess of monthly average limits, those limits were exceeded on each day of t......
4 books & journal articles
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The basic prohibition of the clean water act
...EPA , 526 F.2d 1027, 1056, 6 ELR 20068 (3d Cir. 1975). EPA subsequently amended its regulations to add a “net/gross” provision. See 40 C.F.R. § 122.45(g). Indeed, the court in American Iron & Steel held that EPA had no choice but to make an allowance for pollutants in a pollution source’s i......
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Permits and state permit programs
...for the applicant. hese limit the amount and/or the concentration of a particular pollutant that may be discharged. See 40 C.F.R. §§ 122.44, 122.45. Permits for publicly owned treatment works (POTWs) typically establish limits for biochemical oxygen demand (BOD), suspended solids (SS), a me......
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Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Addition' Element of the Clean Water Act Offense
...the issue. he issue only arose if and when EPA actually applied the eluent guidelines in permits in the manner feared by industry. 41. 40 C.F.R. §122.45(g). “Gross,” of course, represents all of the pollutants in the eluent; “net” represents only those pollutants irst introduced to water by......
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Addition
...the issue. he issue only arose if and when EPA actually applied the eluent guidelines in permits in the manner feared by industry. 40. 40 C.F.R. §122.45(g). “Gross,” of course, represents all of the pollutants in the eluent; “net” represents only those pollutants irst introduced to water by......
1 provisions
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MO Register Vol. 39 No. 2. (Pages 187-426)
...based solely on the water quality standard because the permit did not contain average weekly limits as required by federal regulation (40 CFR 122.45(d)). Given the need for short-term limits, the Missouri Clean Water Commission directed staff to apply the same multiplier that had been used ......