40 C.F.R. §122.45 - Calculating NPDES permit conditions (applicable to State NPDES programs, see 123.25)

Cite as40 C.F.R. §122.45
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23 cases
  • Natural Resources Defense Council, Inc. v. U.S. E.P.A., 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., 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......
  • Upper Blackstone Water Pollution Abatement Dist. v. U.S. Envtl. Prot. Agency, s. 11–1474
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • August 3, 2012
    ...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......
  • 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......
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1 firm's commentaries
4 books & journal articles
  • 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......
  • 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......
  • Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Addition' Element of the Clean Water Act Offense
    • United States
    • Environmental Law Reporter No. 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......
  • 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......
1 provisions
  • MO Register Vol. 39 No. 2. (Pages 187-426)
    • United States
    • Missouri Register
    • Invalid date
    ...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 ......

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