40 CFR 125.3 - Technology-based treatment requirements in permits
| Cite as | 40 CFR 125.3 |
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70 practice notes
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Part II
...authority on a case-by-case basis (i.e., best professional judgment (BPJ)), pursuant to CWA section 402(a)(1)(B) and as defined in 40 CFR 125.3(c)(2) and EPA's Response to the Waterkeeper Decision On June 30, 2006, EPA published a proposed rule to revise the Agency's regulations governing d......
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National Pollutant Discharge Elimination System (NPDES): Applications and Program Updates
...developed. EPA seeks comments on the proposed revisions to 40 CFR 124.56(b) and (c). Proposed Revision to 40 CFR Part 125 Deletion of 40 CFR 125.3(a)(1)(ii) EPA proposes to delete 40 CFR 125.3(a)(1)(ii) from the NPDES regulations. The statutory authority supporting this provision was repeal......
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Sw. Elec. Power Co. v. U.S. Envtl. Prot. Agency, No. 15-60821
...determinations to be made by each facility's permitting authority through the NPDES permitting process on a site-specific basis. See 40 C.F.R. § 125.3(a), (c)(2) ("Technology based treatment requirements may be imposed . . . [o]n a case-by-case basis."); Riverkeeper, Inc. v. EPA, 358 F.3d 1......
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Texas Oil & Gas Ass'n v. U.S. E.P.A., Nos. 97-60042
...EPA must determine on a case-by-case basis what effluent limitations represent the BAT level, using its "best professional judgment." 40 C.F.R. § 125.3(c)-(d). Individual judgments thus take the place of uniform national guidelines, but the technology-based standard remains the NPDES permit......
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35 cases
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Sw. Elec. Power Co. v. U.S. Envtl. Prot. Agency, No. 15-60821
...determinations to be made by each facility's permitting authority through the NPDES permitting process on a site-specific basis. See 40 C.F.R. § 125.3(a), (c)(2) ("Technology based treatment requirements may be imposed . . . [o]n a case-by-case basis."); Riverkeeper, Inc. v. EPA, 358 F.3d 1......
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Texas Oil & Gas Ass'n v. U.S. E.P.A., Nos. 97-60042
...EPA must determine on a case-by-case basis what effluent limitations represent the BAT level, using its "best professional judgment." 40 C.F.R. § 125.3(c)-(d). Individual judgments thus take the place of uniform national guidelines, but the technology-based standard remains the NPDES permit......
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Natural Res. Def. Council v. U.S. Envtl. Prot. Agency, Docket Nos. 13–1745(L), 13–2393(CON), 13–2757(CON).
...which establish limitations for all types of dischargers within a particular industry and for certain types of discharges. See40 C.F.R. § 125.3(c)(1). ELGs are enforceable through their incorporation into a NPDES permit. In this case, no states have established numeric water quality criteri......
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National Resources Defense Council v. U.S. E.P.A., No. CV 04-8307-GHK(RCX).
...Costle, 568 F.2d 1369, 1378-79 (D.C.Cir.1977) (describing relationship between NPDES permits and effluent limitations and guidelines); 40 C.F.R. § 125.3. However, when waterbodies are documented as impaired, states must adopt additional requirements, called total maximum daily loads ("TMDLs......
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2 books & journal articles
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Permits and state permit programs
...to apply for a variance or modiication and for permit issuer to determine whether to grant it, and if so, how to apply it. See 40 C.F.R. § 125. Of course, for some operations there will be no applicable eluent limitations guideline. In this case, the permit writer uses best engineering judg......
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State and federal statutory and regulatory treatment of hydraulic fracturing.
...715 (2006) prompting additional proposed agency guidance. (20) 33 U.S.C. [section] 1342(a) (West 2001). (21) Id. at [section] 1311; 40 C.F.R. 125.3(a) (2011). (22) Texas has been delegated such authority. See 63 Fed. Reg. 51164 (Sept. 24, 1998). (23) Memorandum from James Hanlon, Director o......