40 C.F.R. § 122.44 - Establishing limitations, standards, and other permit conditions (applicable to State NPDES programs, see Section 123.25
| Cite as | 40 C.F.R. § 122.44 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
298 practice notes
-
Environmental Protection Agency,
...to prescribe BMPs as part of effluent limitations guidelines and standards or as part of a permit. EPA's BMP regulations are found at 40 CFR 122.44(k). Section 304(e) of the CWA authorizes EPA to include BMPs in effluent limitations guidelines for certain toxic or hazardous pollutants for t......
-
Part II
...to the activities of the Industrial User. There is similar language in EPA's NPDES permitting regulations for direct dischargers. See 40 CFR 122.44(a)(2). The POTW Control Authority to which the Industrial User discharges may also reduce its monitoring for the pollutant to once during the t......
-
Water pollution; effluent guidelines for point source categories: Publicly owned treatment works,
...Authority. This approach would be consistent with the minimum monitoring requirement for NPDES permittees, which is only once per year (40 CFR 122.44(i)(2)). EPA notes, however, that there are differences between the Pretreatment program and the NPDES permitting program that suggest that ad......
-
Part IV
...to ensure that water quality standards are attained in the receiving waters. (See CWA Section 301(b)(1)(c), 33 U.S.C. 1311(b)(1)(c), and 40 CFR 122.44(d).) Where WQBELs are necessary, the permit writer establishes them without consideration of the availability or effectiveness of treatment ......
Request a trial to view additional results
157 cases
-
West Virginia Highlands Conservancy v. Huffman, Civil Action No. 2:07-0410.
...control technology, plus any limitations needed to meet state water quality standards. See 33 U.S.C. § 1311(b)(1)(A) and (C); 40 C.F.R. § 122.44(a)(1) and (d)(1). Explaining the difference between the standards, the Supreme Court the Act provides for two sets of water quality measures. "Eff......
-
Seattle v. The Pollution Control Hearings Board, No. 73419-4 (WA 5/14/2004), 73419-4
...1311. In turn, 33 U.S.C. sec. 1311(b)(1)(C) requires effluent limitations to comply with state water quality standards. In addition, 40 C.F.R. sec. 122.44 requires state-issued NPDES permits to contain conditions requiring compliance with state water quality standards. 40 C.F.R. 122.44(d)(1......
-
Wash. State Dairy Fed'n v. State
...will cause, has the reasonable potential to cause, or will contribute to a violation of water quality standards. 490 P.3d 308 40 C.F.R. 122.44(d)(1)(ii), (iv). If, based on this analysis, the permit writer determines that there is a reasonable potential that a discharge will contain the pol......
-
Arkansas v. Oklahoma Environmental Protection Agency v. Oklahoma
...with the applicable water quality requirements of all affected States." 10 40 CFR § 122.4(d) (1991); see also 38 Fed.Reg. 13533 (1973); 40 CFR § 122.44(d) (1991). Those regulations—relied upon by the EPA in the issuance of the Fayetteville permit—constitute a reasonable exercise of the Agen......
Request a trial to view additional results
8 firm's commentaries
-
The Permit Shield Defense: What The Fourth Circuit Did Not Address In Ohio Valley
...numeric effluent limits for any pollutant that has a reasonable potential to cause a WQS violation. See 33 U.S.C. § 1311(b)(1)(C); 40 C.F.R. §§ 122.44(d)(1), 122.4(d). As the Fourth Circuit recognized, Fola's permit (like permits in prior District Court cases enforcing similar narrative eff......
-
EPA’s Chesapeake Bay TMDL Survives Legal Challenge: Stricter Water Quality Regulation of Farms, Municipalities, Industry, and Business May Follow
...title>[16] Chesapeake Bay TMDL at ES-1. [17] See 984 F.Supp. 2d at 334–44. [18] 40 C.F.R. § 122.44(d)(1)(vii)(B). [19] Chesapeake Bay TMDL at [20] Id. at ES-1. [21]...
-
Supreme Court Holds Clean Water Act Does Regulate Some Point Source Discharges to Groundwater
...developing general permits for recurring situations or by issuing permits based on best practices where appropriate. See, e.g., 40 CFR §122.44(k) (2019).” Id. at 17-18. It is noted that judges could mitigate this “hardship” or “injustice” when they “apply the statute’s penalty provisions.” ......
-
Clean Water Act Regulations Do Not Require Numeric Testing Of Individual Pollutants Or Numeric Effluent Limitations For Industrial Stormwater Discharges
...focus not only on the quality of the discharge itself but also the quality of the receiving body of water. Specifically, pursuant to 40 C.F.R. § 122.44(d)(1)(i), a permitting agency must impose WQBELs when pollutants may be discharged at a level that will cause or have the potential to caus......
Request a trial to view additional results
3 books & journal articles
-
ENVIRONMENTAL CRIMES
...monitoring equipment and methods, or take samples of any efflu-ents that the owner or operator is required to test.282 273. See 40 C.F.R. § 122.44(k) (2020) (describing circumstances in which EPA may promulgate “best management practices” in the place of numerical effluent limitation guid......
-
Water quality standards
...are regulated through the federal permit regime, with TMDLs incorporated into the eluent and technological-based limitations. 40 C.F.R. § 122.44(d)(1)(vii) (B). Although EPA has the authority to issue permits, it has delegated that authority to the states, at least to the majority of them, ......
-
Permits and state permit programs
...developed 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 ......
3 provisions
-
MO Register Vol. 39 No. 2. (Pages 187-426)
...nine (6.5-9.0) to six to nine (6-9). These changes comport with the applicable federal regulations for toxicity-based effluent limits (40 CFR §§122.44(d) and 135.105). However, effluent limits must contain the more stringent of the applicable technology-based effluent limits or the applicab......
-
SB 2 – Revise environmental protection laws
...works or any discharge to a privately owned treatment works in violation of any permit conditions established in accordance with 40 C.F.R. 122.44(m).(7) A household sewage treatment system or a small flow on-site sewage treatment system, as applicable, as defined in section 3718.01 of the R......
-
IL Register Vol.27 issue 41. Issue 41 October 10, 2003
Pages 15662-16081
...(as N) (ammonia nitrogen WQBELs) that are necessary to prevent waters of the State from exceeding water quality standards pursuant to 40 CFR 122.44(d)(1) and 35 Ill. Adm. Code 309.141(d)(3). Ammonia nitrogen WQBELs must be sufficient to ensure compliance with the water quality standards for......