40 C.F.R. § 122.44 - Establishing limitations, standards, and other permit conditions (applicable to State NPDES programs, see Section 123.25

Cite as40 C.F.R. § 122.44
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298 practice notes
  • Environmental Protection Agency,
    • United States
    • Federal Register January 22, 2001
    • January 22, 2001
    ...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
    • United States
    • Federal Register October 14, 2005
    • October 14, 2005
    ...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,
    • United States
    • Federal Register July 22, 1999
    • July 22, 1999
    ...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
    • United States
    • Federal Register June 30, 2006
    • June 30, 2006
    ...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 ......
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157 cases
  • West Virginia Highlands Conservancy v. Huffman, Civil Action No. 2:07-0410.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • August 24, 2009
    ...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
    • United States
    • United States State Supreme Court of Washington
    • May 14, 2004
    ...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
    • United States
    • Court of Appeals of Washington
    • June 29, 2021
    ...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
    • United States
    • United States Supreme Court
    • February 26, 1992
    ...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......
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8 firm's commentaries
3 books & journal articles
    • United States
    • American Criminal Law Review No. 58-3, July 2021
    • July 1, 2021
    ...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
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • July 23, 2017
    ...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
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • July 23, 2017
    ...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)
    • United States
    • Missouri Register
    • Invalid date
    ...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
    • United States
    • Ohio Session Laws
    • January 1, 2017
    ...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
    • United States
    • Illinois Register
    • Invalid date
    ...(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......

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