40 CFR 122.45 - Calculating NPDES permit conditions (applicable to State NPDES programs, see 123.25)
| Cite as | 40 CFR 122.45 |
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45 practice notes
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Part II
...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......
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Water pollution; effluent guidelines for point source categories: Publicly owned treatment works,
...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......
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Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category
...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......
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National Pollutant Discharge Elimination System (NPDES): Applications and Program Updates
...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
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Natural Resources Defense Council, Inc. v. U.S. E.P.A., No. 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., No. 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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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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Catskill Mountains Chapter of Trout Unlimited, Inc. v. U.S. Envtl. Prot. Agency, Docket Nos. 14-1823
...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
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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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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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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......
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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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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......