40 CFR 122.45 - Calculating NPDES permit conditions (applicable to State NPDES programs, see 123.25)

Cite as40 CFR 122.45
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45 practice notes
  • Part II
    • United States
    • Federal Register October 14, 2005
    • October 14, 2005
    ...provision for net/gross which had been revised earlier. See discussion at 53 FR 40602-40605, October 17, 1988. The NPDES provision (40 CFR 122.45(g)) is an ``or'' test which allows net/gross adjustments either where effluent Standards are specified on a net basis or where control systems me......
  • Water pollution; effluent guidelines for point source categories: Publicly owned treatment works,
    • United States
    • Federal Register July 22, 1999
    • July 22, 1999
    ...with the NPDES provision for net/gross which had been revised earlier. See discussion at 53 FR 40602-40605. The NPDES provision (40 CFR 122.45 (g)) is an ``or'' test regarding application of effluent standards on a net basis versus control systems meeting standards in the absence of polluta......
  • Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category
    • United States
    • Federal Register June 07, 2013
    • June 7, 2013
    ...in another plant process that results in surface water discharge or mixing the treated wastestream with other wastestreams. Under 40 CFR 122.45(h), in situations where an NPDES permit effluent limitations or standards imposed at the point of discharge are impractical or infeasible, effluent......
  • National Pollutant Discharge Elimination System (NPDES): Applications and Program Updates
    • United States
    • Federal Register May 18, 2016
    • May 18, 2016
    ...Best Management Practices (40 CFR 122.44(k); Anti-backsliding (40 CFR 122.44(l)); Design Flow for Publicly Owned Treatment Works (40 CFR 122.45(b)). Permit Objection, Objection to Documentation and Process Continued Permits (40 CFR 123.44); Efficiencies. Public Notice Requirements (40 CFR 1......
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23 cases
  • Natural Resources Defense Council, Inc. v. U.S. E.P.A., No. 80-1607
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • December 30, 1988
    ...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......
  • Andersen v. Dep't of Natural Res., No. 2008AP3235.
    • United States
    • United States State Supreme Court of Wisconsin
    • March 23, 2011
    ...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......
  • Catskill Mountains Chapter of Trout Unlimited, Inc. v. U.S. Envtl. Prot. Agency, Docket No. 14-1823
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • January 18, 2017
    ...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......
  • Catskill Mountains Chapter of Trout Unlimited, Inc. v. U.S. Envtl. Prot. Agency, Docket Nos. 14-1823
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • January 18, 2017
    ...1342 ).3 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 waters......
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1 firm's commentaries
4 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
    ...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......
  • Addition
    • United States
    • Plain meaning, precedent, and metaphysics: interpreting the elements of the clean water act offense
    • October 24, 2017
    ...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......
  • Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Addition' Element of the Clean Water Act Offense
    • United States
    • Environmental Law Reporter Nbr. 44-9, September 2014
    • September 1, 2014
    ...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......
  • The basic prohibition of the clean water act
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • July 23, 2017
    ...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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