289
Environmental
Protection
Agency
§
125.57
Subpart
G
 
Criteria
for
Modifying
the
Secondary
Treatment
Requirements
Under
Section
301(
h)
of
the
Clean
Water
Act
AUTHORITY:
Clean
Water
Act,
as
amended
by
the
Clean
Water
Act
of
1977,
33
U.
S.
C.
1251
et
seq.,
unless
otherwise
noted.

SOURCE:
59
FR
40658,
Aug.
9,
1994,
unless
otherwise
noted.

§
125.56
Scope
and
purpose.

This
subpart
establishes
the
criteria
to
be
applied
by
EPA
in
acting
on
section
301(
h)
requests
for
modifications
to
the
secondary
treatment
requirements
It
also
establishes
special
permit
conditions
which
must
be
included
in
any
permit
incorporating
a
section
301(
h)
modification
of
the
secondary
treatment
requirements
(``
section
301(
h)
modified
permit'').

§
125.57
Law
governing
issuance
of
a
section
301(
h)
modified
permit.

(
a)
Section
301(
h)
of
the
Clean
Water
Act
provides
that:

Administrator,
with
the
concurrence
of
the
State,
may
issue
a
permit
under
section
402
which
modifies
the
requirements
of
paragraph
(
b)(
1)(
B)
of
this
section
with
respect
to
the
discharge
of
any
pollutant
from
a
publicly
owned
treatment
works
into
marine
waters,
if
the
applicant
demonstrates
to
the
satisfaction
of
the
Administrator
that
 
(
1)
There
is
an
applicable
water
quality
standard
specific
to
the
pollutant
for
which
the
modification
is
requested,
which
has
been
identified
under
section
304(
a)(
6)
of
this
Act;
(
2)
The
discharge
of
pollutants
in
accordance
with
such
modified
requirements
will
not
interfere,
alone
or
in
combination
with
pollutants
from
other
sources,
with
the
attainment
or
maintenance
of
that
water
quality
which
assures
protection
of
public
water
supplies
and
protection
and
propagation
of
a
balanced
indigenous
population
of
shellfish,
fish,
and
wildlife,
and
allows
recreational
activities
in
and
on
the
water;
(
3)
The
applicant
has
established
a
system
for
monitoring
the
impact
of
such
discharge
on
a
representative
sample
of
aquatic
biota,
to
the
extent
practicable,
and
the
scope
of
such
monitoring
is
limited
to
include
only
those
scientific
investigations
which
are
necessary
to
study
the
effects
of
the
proposed
discharge;
(
4)
Such
modified
requirements
will
not
result
in
any
additional
requirements
on
any
other
point
or
nonpoint
source;
(
5)
All
applicable
pretreatment
requirements
for
sources
introducing
waste
into
such
treatment
works
will
be
enforced;
(
6)
In
the
case
of
any
treatment
works
serving
a
population
of
50,000
or
more,
with
respect
to
any
toxic
pollutant
introduced
into
such
works
by
an
industrial
discharger
for
which
pollutant
there
is
no
applicable
pretreatment
requirement
in
effect,
sources
introducing
waste
into
such
works
are
in
compliance
with
all
applicable
pretreatment
requirements,
the
applicant
will
enforce
such
requirements,
and
the
applicant
has
in
effect
a
pretreatment
program
which,
in
combination
with
the
treatment
of
discharges
from
such
works,
removes
the
same
amount
of
such
pollutant
as
would
be
removed
if
such
works
were
to
apply
secondary
treatment
to
discharges
and
if
such
works
had
no
pretreatment
program
with
respect
to
such
pollutant;
(
7)
To
the
extent
practicable,
the
applicant
has
established
a
schedule
of
activities
designed
to
eliminate
the
entrance
of
toxic
pollutants
from
nonindustrial
sources
into
such
treatment
works;
(
8)
There
will
be
no
new
or
substantially
increased
discharges
from
the
point
source
of
the
pollutant
to
which
the
modification
applies
above
that
volume
of
discharge
specified
in
the
permit;
(
9)
The
applicant
at
the
time
such
modification
becomes
effective
will
be
discharging
effluent
which
has
received
at
least
primary
or
equivalent
treatment
and
which
meets
the
criteria
established
under
section
304(
a)(
1)
of
this
Act
after
initial
mixing
in
the
waters
surrounding
or
adjacent
to
the
point
at
which
such
effluent
is
discharged.
For
the
purposes
of
this
section,
the
phrase
``
the
discharge
of
any
pollutant
into
marine
waters''
refers
to
a
discharge
into
deep
waters
of
the
territorial
sea
or
the
waters
of
the
contiguous
zone,
or
into
saline
estuarine
waters
where
there
is
strong
tidal
movement
and
other
hydrological
and
geological
characteristics
which
the
Administrator
determines
necessary
to
allow
compliance
with
paragraph
(
2)
of
this
section,
and
section
101(
a)(
2)
of
this
Act.
For
the
purposes
of
paragraph
(
9),
``
primary
or
equivalent
treatment
means
treatment
by
screening,
sedimentation
and
skimming
adequate
to
remove
at
least
30
percent
of
the
biological
oxygen
demanding
material
and
of
the
suspended
solids
in
the
treatment
works
influent
and
disinfection,
where
appropriate.
A
municipality
which
applies
secondary
treatment
shall
be
eligible
to
receive
a
permit
pursuant
to
this
subsection
which
modifies
the
requirements
of
paragraph
(
b)(
1)(
B)
of
this
section
with
respect
to
the
discharge
of
any
pollutant
from
any
treatment
works
owned
by
such
municipality
into
marine
waters
No
permit
issued
under
this
subsection
shall
authorize
the
discharge
of
sewage
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40
CFR
Ch.
I
(
7
 
1
 
01
Edition)
§
125.58
sludge
into
marine
waters.
In
order
for
a
permit
to
be
issued
under
this
subsection
for
the
discharge
of
a
pollutant
into
marine
waters,
such
marine
waters
must
exhibit
characteristics
assuring
that
water
providing
dilution
does
not
contain
significant
amounts
of
previously
discharged
effluent
from
such
treatment
works.
No
permit
issued
under
this
subsection
shall
authorize
the
discharge
of
any
pollutant
into
saline
estuarine
waters
which
at
the
time
of
application
do
not
support
a
balanced
indigenous
population
of
shellfish,
fish,
and
wildlife,
or
allow
recreation
in
and
on
the
waters
or
which
exhibit
ambient
water
quality
below
applicable
water
quality
standards
adopted
for
the
protection
of
public
water
supplies,
shellfish,
fish,
and
wildlife
or
recreational
activities
or
such
other
standards
necessary
to
assure
support
and
protection
of
such
uses.
The
prohibition
contained
in
the
preceding
sentence
shall
apply
without
regard
to
the
presence
or
absence
of
a
causal
relationship
between
such
characteristics
and
the
applicant's
current
or
proposed
discharge.
Notwithstanding
any
other
provisions
of
this
subsection,
no
permit
may
be
issued
under
this
subsection
for
discharge
of
a
pollutant
into
the
New
York
Bight
Apex
consisting
of
the
ocean
waters
of
the
Atlantic
Ocean
westward
of
73
degrees
30
minutes
west
longitude
and
northward
of
40
degrees
10
minutes
north
latitude.

(
b)
Section
301(
j)(
1)
of
the
Clean
Water
Act
provides
that:

Any
application
filed
under
this
section
for
a
modification
of
the
provisions
of
 
(
A)
subsection
(
b)(
1)(
B)
under
subsection
(
h)
of
this
section
shall
be
filed
not
later
than
the
365th
day
which
begins
after
the
date
of
enactment
of
the
Municipal
Wastewater
Treatment
Construction
Grant
Amendments
of
1981,
except
that
a
publicly
owned
treatment
works
which
prior
to
December
31,
1982,
had
a
contractual
arrangement
to
use
a
portion
of
the
capacity
of
an
ocean
outfall
operated
by
another
publicly
owned
treatment
works
which
has
applied
for
or
received
modification
under
subsection
(
h)
may
apply
for
a
modification
of
subsection
(
h)
in
its
own
right
not
later
than
30
days
after
the
date
of
the
enactment
of
the
Water
Quality
Act
of
1987.

(
c)
Section
22(
e)
of
the
Municipal
Wastewater
Treatment
Construction
Grant
Amendments
of
1981,
Public
Law
97
 
117,
provides
that:

The
amendments
made
by
this
section
shall
take
effect
on
the
date
of
enactment
of
this
Act
except
that
no
applicant,
other
than
the
city
of
Avalon,
California,
who
applies
after
the
date
of
enactment
of
this
Act
for
a
permit
pursuant
to
subsection
(
h)
of
section
301
of
the
Federal
Water
Pollution
Control
Act
which
modifies
the
requirements
of
subsection
(
b)(
1)(
B)
of
section
301
of
such
Act
shall
receive
such
permit
during
the
oneyear
period
which
begins
on
the
date
of
enactment
of
this
Act.

(
d)
Section
303(
b)(
2)
of
the
Water
Quality
Act,
Public
Law
100
 
4,
provides
that:

Section
301(
h)(
3)
shall
only
apply
to
modifications
and
renewals
of
modifications
which
are
tentatively
or
finally
approved
after
the
date
of
the
enactment
of
this
Act.

(
e)
Section
303(
g)
of
the
Water
Quality
Act
provides
that:

The
amendments
made
to
sections
301(
h)
and
(
h)(
2),
as
well
as
provisions
of
(
h)(
6)
and
(
h)(
9),
shall
not
apply
to
an
application
for
a
permit
under
section
301(
h)
of
the
Federal
Water
Pollution
Control
Act
which
has
been
tentatively
or
finally
approved
by
the
Administrator
before
the
date
of
the
enactment
of
this
Act;
except
that
such
amendments
shall
apply
to
all
renewals
of
such
permits
after
such
date
of
enactment.

§
125.58
Definitions.

For
the
purpose
of
this
subpart:
(
a)
Administrator
means
the
EPA
Administrator
or
a
person
designated
by
the
EPA
Administrator.
(
b)
Altered
discharge
means
any
discharge
other
than
a
current
discharge
or
improved
discharge,
as
defined
in
this
regulation.
(
c)
Applicant
means
an
applicant
for
a
new
or
renewed
section
301(
h)
modified
permit.
Large
applicants
have
populations
contributing
to
their
POTWs
equal
to
or
more
than
50,000
people
or
average
dry
weather
flows
of
5.0
million
gallons
per
day
(
mgd)
or
more;
small
applicants
have
contributing
populations
of
less
than
50,000
people
and
average
dry
weather
flows
of
less
than
5.0
mgd.
For
the
purposes
of
this
definition
the
contributing
population
and
flows
shall
be
based
on
projections
for
the
end
of
the
five­
year
permit
term.
Average
dry
weather
flows
shall
be
the
average
daily
total
discharge
flows
for
the
maximum
month
of
the
dry
weather
season.
(
d)
Application
means
a
final
application
previously
submitted
in
accordance
with
the
June
15,
1979,
section
301(
h)
regulations
(
44
FR
34784);
an
application
submitted
between
December
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Environmental
Protection
Agency
§
125.58
29,
1981,
and
December
29,
1982;
or
a
section
301(
h)
renewal
application
submitted
in
accordance
with
these
regulations
It
does
not
include
a
preliminary
application
submitted
in
accordance
with
the
June
15,
1979,
section
301(
h)
regulations.
(
e)
Application
questionnaire
means
EPA's
``
Applicant
Questionnaire
for
Modification
of
Secondary
Treatment
Requirements,''
published
as
an
appendix
to
this
subpart.
(
f)
Balanced
indigenous
population
means
an
ecological
community
which:
(
1)
Exhibits
characteristics
similar
to
those
of
nearby,
healthy
communities
existing
under
comparable
but
unpolluted
environmental
conditions;
or
(
2)
May
reasonably
be
expected
to
become
re­
established
in
the
polluted
water
body
segment
from
adjacent
waters
if
sources
of
pollution
were
removed
(
g)
Categorical
pretreatment
standard
means
a
standard
promulgated
by
EPA
under
40
CFR
Chapter
I,
Subchapter
N.
(
h)
Current
discharge
means
the
volume
composition,
and
location
of
an
applicant's
discharge
at
the
time
of
permit
application.
(
i)
Improved
discharge
means
the
volume
composition,
and
location
of
an
applicant's
discharge
following:
(
1)
Construction
of
planned
outfall
improvements,
including,
without
limitation
outfall
relocation,
outfall
repair
or
diffuser
modification;
or
(
2)
Construction
of
planned
treatment
system
improvements
to
treatment
levels
or
discharge
characteristics
or
(
3)
Implementation
of
a
planned
program
to
improve
operation
and
maintenance
of
an
existing
treatment
system
or
to
eliminate
or
control
the
introduction
of
pollutants
into
the
applicant's
treatment
works.
(
j)
Industrial
discharger
or
industrial
source
means
any
source
of
nondomestic
pollutants
regulated
under
section
307(
b)
or
(
c)
of
the
Clean
Water
Act
which
discharges
into
a
POTW.
(
k)
Modified
discharge
means
the
volume
composition,
and
location
of
the
discharge
proposed
by
the
applicant
for
which
a
modification
under
section
301(
h)
of
the
Act
is
requested.
A
modified
discharge
may
be
a
current
discharge
improved
discharge,
or
altered
discharge.
(
l)
New
York
Bight
Apex
means
the
ocean
waters
of
the
Atlantic
Ocean
westward
of
73
degrees
30
minutes
west
longitude
and
northward
of
40
degrees
10
minutes
north
latitude.
(
m)
Nonindustrial
source
means
any
source
of
pollutants
which
is
not
an
industrial
source.
(
n)
Ocean
waters
means
those
coastal
waters
landward
of
the
baseline
of
the
territorial
seas,
the
deep
waters
of
the
territorial
seas,
or
the
waters
of
the
contiguous
zone.
The
term
``
ocean
waters
excludes
saline
estuarine
waters.
(
o)
Permittee
means
an
NPDES
permittee
with
an
effective
section
301(
h)
modified
permit.
(
p)
Pesticides
means
demeton,
guthion,
malathion,
mirex,
methoxychlor,
and
parathion.
(
q)
Pretreatment
means
the
reduction
of
the
amount
of
pollutants,
the
elimination
of
pollutants,
or
the
alteration
of
the
nature
of
pollutant
properties
in
wastewater
prior
to
or
in
lieu
of
discharging
or
otherwise
introducing
such
pollutants
into
a
POTW.
The
reduction
or
alteration
may
be
obtained
by
physical
chemical,
or
biological
processes,
process
changes,
or
by
other
means,
except
as
prohibited
by
40
CFR
part
403.
(
r)
Primary
or
equivalent
treatment
for
the
purposes
of
this
subpart
means
treatment
by
screening,
sedimentation,
and
skimming
adequate
to
remove
at
least
30
percent
of
the
biochemical
oxygen
demanding
material
and
of
the
suspended
solids
in
the
treatment
works
influent,
and
disinfection,
where
appropriate
(
s)
Public
water
supplies
means
water
distributed
from
a
public
water
system.
(
t)
Public
water
system
means
a
system
for
the
provision
to
the
public
of
piped
water
for
human
consumption,
if
such
system
has
at
least
fifteen
(
15)
service
connections
or
regularly
serves
at
least
twenty­
five
(
25)
individuals.
This
term
includes:
(
1)
Any
collection,
treatment,
storage,
and
distribution
facilities
under
the
control
of
the
operator
of
the
system
and
used
primarily
in
connection
with
the
system,
and
(
2)
Any
collection
or
pretreatment
storage
facilities
not
under
the
control
of
the
operator
of
the
system
which
are
used
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40
CFR
Ch.
I
(
7
 
1
 
01
Edition)
§
125.59
primarily
in
connection
with
the
system
(
u)
Publicly
owned
treatment
works
or
POTW
means
a
treatment
works,
as
defined
in
section
212(
2)
of
the
Act,
which
is
owned
by
a
State,
municipality,
or
intermunicipal
or
interstate
agency.
(
v)
Saline
estuarine
waters
means
those
semi­
enclosed
coastal
waters
which
have
a
free
connection
to
the
territorial
sea,
undergo
net
seaward
exchange
with
ocean
waters,
and
have
salinities
comparable
to
those
of
the
ocean.
Generally,
these
waters
are
near
the
mouth
of
estuaries
and
have
crosssectional
annual
mean
salinities
greater
than
twenty­
five
(
25)
parts
per
thousand
(
w)
Secondary
removal
equivalency
means
that
the
amount
of
a
toxic
pollutant
removed
by
the
combination
of
the
applicant's
own
treatment
of
its
influent
and
pretreatment
by
its
industrial
users
is
equal
to
or
greater
than
the
amount
of
the
toxic
pollutant
that
would
be
removed
if
the
applicant
were
to
apply
secondary
treatment
to
its
discharge
where
the
discharge
has
not
undergone
pretreatment
by
the
applicant's
industrial
users.
(
x)
Secondary
treatment
means
the
term
as
defined
in
40
CFR
part
133.
(
y)
Shellfish,
fish,
and
wildlife
means
any
biological
population
or
community
that
might
be
adversely
affected
by
the
applicant's
modified
discharge.
(
z)
Stressed
waters
means
those
ocean
waters
for
which
an
applicant
can
demonstrate
to
the
satisfaction
of
the
Administrator
that
the
absence
of
a
balanced
indigenous
population
is
caused
solely
by
human
perturbations
other
than
the
applicant's
modified
discharge
(
aa)
Toxic
pollutants
means
those
substances
listed
in
40
CFR
401.15.
(
bb)
Water
quality
criteria
means
scientific
data
and
guidance
developed
and
periodically
updated
by
EPA
under
section
304(
a)(
1)
of
the
Clean
Water
Act,
which
are
applicable
to
marine
waters.
(
cc)
Water
quality
standards
means
applicable
water
quality
standards
which
have
been
approved,
left
in
effect,
or
promulgated
under
section
303
of
the
Clean
Water
Act.
(
dd)
Zone
of
initial
dilution
(
ZID)
means
the
region
of
initial
mixing
surrounding
or
adjacent
to
the
end
of
the
outfall
pipe
or
diffuser
ports,
provided
that
the
ZID
may
not
be
larger
than
allowed
by
mixing
zone
restrictions
in
applicable
water
quality
standards.

§
125.59
General.

(
a)
Basis
for
application.
An
application
under
this
subpart
shall
be
based
on
a
current,
improved,
or
altered
discharge
into
ocean
waters
or
saline
estuarine
waters.
(
b)
Prohibitions.
No
section
301(
h)
modified
permit
shall
be
issued:
(
1)
Where
such
issuance
would
not
assure
compliance
with
all
applicable
requirements
of
this
subpart
and
part
122;
(
2)
For
the
discharge
of
sewage
sludge;
(
3)
Where
such
issuance
would
conflict
with
applicable
provisions
of
State,
local,
or
other
Federal
laws
or
Executive
Orders.
This
includes
compliance
with
the
Coastal
Zone
Management
Act
of
1972,
as
amended,
16
U.
S.
C.
1451
et
seq.;
the
Endangered
Species
Act
of
1973,
as
amended,
16
U.
S.
C.
1531
et
seq.;
and
Title
III
of
the
Marine
Protection
Research
and
Sanctuaries
Act,
as
amended,
16
U.
S.
C.
1431
et
seq.;
(
4)
Where
the
discharge
of
any
pollutant
enters
into
saline
estuarine
waters
which
at
the
time
of
application
do
not
support
a
balanced
indigenous
population
of
shellfish,
fish,
and
wildlife,
or
allow
recreation
in
and
on
the
waters
or
which
exhibit
ambient
water
quality
below
applicable
water
quality
standards
adopted
for
the
protection
of
public
water
supplies,
shellfish,
fish,
and
wildlife
or
recreational
activities
or
such
other
standards
necessary
to
assure
support
and
protection
of
such
uses.
The
prohibition
contained
in
the
preceding
sentence
shall
apply
without
regard
to
the
presence
or
absence
of
a
causal
relationship
between
such
characteristics
and
the
applicant's
current
or
proposed
discharge;
or
(
5)
Where
the
discharge
of
any
pollutant
is
into
the
New
York
Bight
Apex.
(
c)
Applications.
Each
applicant
for
a
modified
permit
under
this
subpart
shall
submit
an
application
to
EPA
signed
in
compliance
with
40
CFR
part
122,
subpart
B,
which
shall
contain:
(
1)
A
signed,
completed
NPDES
Application
Standard
form
A,
parts
I,
II,
III;

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Environmental
Protection
Agency
§
125.59
(
2)
A
completed
Application
Questionnaire
(
3)
The
certification
in
accordance
with
40
CFR
122.22(
d);
(
4)
In
addition
to
the
requirements
of
§
125.59(
c)
(
1)
through
(
3),
applicants
for
permit
renewal
shall
support
continuation
of
the
modification
by
supplying
to
EPA
the
results
of
studies
and
monitoring
performed
in
accordance
with
§
125.63
during
the
life
of
the
permit.
Upon
a
demonstration
meeting
the
statutory
criteria
and
requirements
of
this
subpart,
the
permit
may
be
renewed
under
the
applicable
procedures
of
40
CFR
part
124.
(
d)
Revisions
to
applications.
(
1)
POTWs
which
submitted
applications
in
accordance
with
the
June
15,
1979,
regulations
(
44
FR
34784)
may
revise
their
applications
one
time
following
a
tentative
decision
to
propose
changes
to
treatment
levels
and/
or
outfall
and
diffuser
location
and
design
in
accordance
with
§
125.59(
f)(
2)(
i);
and
(
2)
Other
applicants
may
revise
their
applications
one
time
following
a
tentative
decision
to
propose
changes
to
treatment
levels
and/
or
outfall
and
diffuser
location
and
design
in
accordance
with
§
125.59(
f)(
2)(
i).
Revisions
by
such
applicants
which
propose
downgrading
treatment
levels
and/
or
outfall
and
diffuser
location
and
design
must
be
justified
on
the
basis
of
substantial
changes
in
circumstances
beyond
the
applicant's
control
since
the
time
of
application
submission.
(
3)
Applicants
authorized
or
requested
to
submit
additional
information
under
§
125.59(
g)
may
submit
a
revised
application
in
accordance
with
§
125.59(
f)(
2)(
ii)
where
such
additional
information
supports
changes
in
proposed
treatment
levels
and/
or
outfall
location
and
diffuser
design.
The
opportunity
for
such
revision
shall
be
in
addition
to
the
one­
time
revision
allowed
under
§
125.59(
d)
(
1)
and
(
2).
(
4)
POTWs
which
revise
their
applications
must:
(
i)
Modify
their
NPDES
form
and
Application
Questionnaire
as
needed
to
ensure
that
the
information
filed
with
their
application
is
correct
and
complete
(
ii)
Provide
additional
analysis
and
data
as
needed
to
demonstrate
compliance
with
this
subpart;
(
iii)
Obtain
new
State
determinations
under
§
§
125.61(
b)(
2)
and
125.64(
b);
and
(
iv)
Provide
the
certification
described
in
paragraph
(
c)(
3)
of
this
section
(
5)
Applications
for
permit
renewal
may
not
be
revised.
(
e)
Submittal
of
additional
information
to
demonstrate
compliance
with
§
§
125.60
and
125.65.
(
1)
On
or
before
the
deadline
established
in
paragraph
(
f)(
3)
of
this
section,
applicants
shall
submit
a
letter
of
intent
to
demonstrate
compliance
with
§
§
125.60
and
125.65.
The
letter
of
intent
is
subject
to
approval
by
the
Administrator
based
on
the
requirements
of
this
paragraph
and
paragraph
(
f)(
3)
of
this
section.
The
letter
of
intent
shall
consist
of
the
following:
(
i)
For
compliance
with
§
125.60:
(
A)
A
description
of
the
proposed
treatment
system
which
upgrades
treatment
to
satisfy
the
requirements
of
§
125.60.
(
B)
A
project
plan,
including
a
schedule
for
data
collection
and
for
achieving
compliance
with
§
125.60.
The
project
plan
shall
include
dates
for
design
and
construction
of
necessary
facilities
submittal
of
influent/
effluent
data,
and
submittal
of
any
other
information
necessary
to
demonstrate
compliance
with
§
125.60.
The
Administrator
will
review
the
project
plan
and
may
require
revisions
prior
to
authorizing
submission
of
the
additional
information
(
ii)
For
compliance
with
§
125.65:
(
A)
A
determination
of
what
approach
will
be
used
to
achieve
compliance
with
§
125.65.
(
B)
A
project
plan
for
achieving
compliance
The
project
plan
shall
include
any
necessary
data
collection
activities
submittal
of
additional
information
and/
or
development
of
appropriate
pretreatment
limits
to
demonstrate
compliance
with
§
125.65.
The
Administrator
will
review
the
project
plan
and
may
require
revisions
prior
to
submission
of
the
additional
information.
(
iii)
POTWs
which
submit
additional
information
must:
(
A)
Modify
their
NPDES
form
and
Application
Questionnaire
as
needed
to
ensure
that
the
information
filed
with
their
application
is
correct
and
complete
(
B)
Obtain
new
State
determinations
under
§
§
125.61(
b)(
2)
and
125.64(
b);
and
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40
CFR
Ch.
I
(
7
 
1
 
01
Edition)
§
125.59
(
C)
Provide
the
certification
described
in
paragraph
(
c)(
3)
of
this
section
(
2)
The
information
required
under
this
paragraph
must
be
submitted
in
accordance
with
the
schedules
in
§
125.59(
f)(
3)(
ii).
If
the
applicant
does
not
meet
these
schedules
for
compliance
EPA
may
deny
the
application
on
that
basis.
(
f)
Deadlines
and
distribution
 
(
1)
Applications
i)
The
application
for
an
original
301(
h)
permit
for
POTWs
which
directly
discharges
effluent
into
saline
waters
shall
be
submitted
to
the
appropriate
EPA
Regional
Administrator
no
later
than
December
29,
1982.
(
ii)
The
application
for
renewal
of
a
301(
h)
modified
permit
shall
be
submitted
no
less
than
180
days
prior
to
the
expiration
of
the
existing
permit,
unless
permission
for
a
later
date
has
been
granted
by
the
Administrator.
(
The
Administrator
shall
not
grant
permission
for
applications
to
be
submitted
later
than
the
expiration
date
of
the
existing
permit.)
(
iii)
A
copy
of
the
application
shall
be
provided
to
the
State
and
interstate
agency(
s)
authorized
to
provide
certification
concurrence
under
§
§
124.53
through
124.55
on
or
before
the
date
the
application
is
submitted
to
EPA.
(
2)
Revisions
to
Applications.
(
i)
Applicants
desiring
to
revise
their
applications
under
§
125.59
(
d)(
1)
or
(
d)(
2)
must:
(
A)
Submit
to
the
appropriate
Regional
Administrator
a
letter
of
intent
to
revise
their
application
either
within
45
days
of
the
date
of
EPA's
tentative
decision
on
their
original
application
or
within
45
days
of
November
26,
1982,
whichever
is
later.
Following
receipt
by
EPA
of
a
letter
of
intent,
further
EPA
proceedings
on
the
tentative
decision
under
40
CFR
part
124
will
be
stayed.
(
B)
Submit
the
revised
application
as
described
for
new
applications
in
§
125.59(
f)(
1)
either
within
one
year
of
the
date
of
EPA's
tentative
decision
on
their
original
application
or
within
one
year
of
November
26,
1982,
if
a
tentative
decision
has
already
been
made,
whichever
is
later.
(
ii)
Applicants
desiring
to
revise
their
applications
under
§
125.59(
d)(
3)
must
submit
the
revised
application
as
described
for
new
applications
in
§
125.59(
f)(
1)
concurrent
with
submission
of
the
additional
information
under
§
125.59(
g).
(
3)
Deadline
for
additional
information
to
demonstrate
compliance
with
§
§
125.60
and
125.65.
(
i)
A
letter
of
intent
required
under
§
125.59(
e)(
1)
must
be
submitted
by
the
following
dates:
for
permittees
with
301(
h)
modifications
or
for
applicants
to
which
a
tentative
or
final
decision
has
been
issued,
November
7,
1994;
for
all
others,
within
90
days
after
the
Administrator
issues
a
tentative
decision
on
an
application.
Following
receipt
by
EPA
of
a
letter
of
intent
containing
the
information
required
in
§
125.59(
e)(
1),
further
EPA
proceedings
on
the
tentative
decision
under
40
CFR
part
124
will
be
stayed.
(
ii)
The
project
plan
submitted
under
§
125.59(
e)(
1)
shall
ensure
that
the
applicant
meets
all
the
requirements
of
§
§
125.60
and
125.65
by
the
following
deadlines:
(
A)
By
August
9,
1996
for
applicants
that
are
not
grandfathered
under
§
125.59(
j).
(
B)
At
the
time
of
permit
renewal
or
by
August
9,
1996,
whichever
is
later,
for
applicants
that
are
grandfathered
under
§
125.59(
j).
(
4)
State
determination
deadline.
State
determinations,
as
required
by
§
§
125.61(
b)(
2)
and
125.64(
b)
shall
be
filed
by
the
applicant
with
the
appropriate
Regional
Administrator
no
later
than
90
days
after
submission
of
the
revision
to
the
application
or
additional
information
to
EPA.
Extensions
to
this
deadline
may
be
provided
by
EPA
upon
request.
However,
EPA
will
not
begin
review
of
the
revision
to
the
application
or
additional
information
until
a
favorable
State
determination
is
received
by
EPA.
Failure
to
provide
the
State
determination
within
the
timeframe
required
by
this
paragraph
(
f)(
4)
is
a
basis
for
denial
of
the
application.
(
g)(
1)
The
Administrator
may
authorize
or
request
an
applicant
to
submit
additional
information
by
a
specified
date
not
to
exceed
one
year
from
the
date
of
authorization
or
request.
(
2)
Applicants
seeking
authorization
to
submit
additional
information
on
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Environmental
Protection
Agency
§
125.60
current/
modified
discharge
characteristics
water
quality,
biological
conditions
or
oceanographic
characteristics
must:
(
i)
Demonstrate
that
they
made
a
diligent
effort
to
provide
such
information
with
their
application
and
were
unable
to
do
so,
and
(
ii)
Submit
a
plan
of
study,
including
a
schedule,
for
data
collection
and
submittal
of
the
additional
information.
EPA
will
review
the
plan
of
study
and
may
require
revisions
prior
to
authorizing
submission
of
the
additional
information
(
h)
Tentative
decisions
on
section
301(
h)
modifications.
The
Administrator
shall
grant
a
tentative
approval
or
a
tentative
denial
of
a
section
301(
h)
modified
permit
application.
To
qualify
for
a
tentative
approval,
the
applicant
shall
demonstrate
to
the
satisfaction
of
the
Administrator
that
it
is
using
good
faith
means
to
come
into
compliance
with
all
the
requirements
of
this
subpart
and
that
it
will
meet
all
such
requirements
based
on
a
schedule
approved
by
the
Administrator.
For
compliance
with
§
§
125.60
and
125.65,
such
schedule
shall
be
in
accordance
with
§
125.59(
f)(
3)(
ii).
(
i)
Decisions
on
section
301(
h)
modifications
(
1)
The
decision
to
grant
or
deny
a
section
301(
h)
modification
shall
be
made
by
the
Administrator
and
shall
be
based
on
the
applicant's
demonstration
that
it
has
met
all
the
requirements
of
§
§
125.59
through
125.68.
(
2)
No
section
301(
h)
modified
permit
shall
be
issued
until
the
appropriate
State
certification/
concurrence
is
granted
or
waived
pursuant
to
§
124.54
or
if
the
State
denies
certification/
concurrence
pursuant
to
§
124.54.
(
3)
In
the
case
of
a
modification
issued
to
an
applicant
in
a
State
administering
an
approved
permit
program
under
40
CFR
part
123,
the
State
Director
may:
(
i)
Revoke
an
existing
permit
as
of
the
effective
date
of
the
EPA
issued
section
301(
h)
modified
permit;
and
(
ii)
Cosign
the
section
301(
h)
modified
permit
if
the
Director
has
indicated
an
intent
to
do
so
in
the
written
concurrence
(
4)
Any
section
301(
h)
modified
permit
shall:
(
i)
Be
issued
in
accordance
with
the
procedures
set
forth
in
40
CFR
part
124,
except
that,
because
section
301(
h)
permits
may
be
issued
only
by
EPA,
the
terms
``
Administrator
or
a
person
designated
by
the
Administrator''
shall
be
substituted
for
the
term
``
Director''
as
appropriate;
and
(
ii)
Contain
all
applicable
terms
and
conditions
set
forth
in
40
CFR
part
122
and
§
125.68.
(
5)
Appeals
of
section
301(
h)
determinations
shall
be
governed
by
the
procedures
in
40
CFR
part
124.
(
j)
Grandfathering
provision.
Applicants
that
received
tentative
or
final
approval
for
a
section
301(
h)
modified
permit
prior
to
February
4,
1987,
are
not
subject
to
§
125.60,
the
water
quality
criteria
provisions
of
§
125.62(
a)(
1),
or
§
125.65
until
the
time
of
permit
renewal
In
addition,
if
permit
renewal
will
occur
prior
to
August
9,
1996,
applicants
may
have
additional
time
to
come
into
compliance
with
§
§
125.60
and
125.65,
as
determined
appropriate
by
EPA
on
a
case­
by­
case
basis.
Such
additional
time,
however,
shall
not
extend
beyond
August
9,
1996.
This
paragraph
does
not
apply
to
any
application
that
was
initially
tentatively
approved
but
as
to
which
EPA
withdrew
its
tentative
approval
or
issued
a
tentative
denial
prior
to
February
4,
1987.

§
125.60
Primary
or
equivalent
treatment
requirements.

(
a)
The
applicant
shall
demonstrate
that,
at
the
time
its
modification
becomes
effective,
it
will
be
discharging
effluent
that
has
received
at
least
primary
or
equivalent
treatment.
(
b)
The
applicant
shall
perform
monitoring
to
ensure,
based
on
the
monthly
average
results
of
the
monitoring,
that
the
effluent
it
discharges
has
received
primary
or
equivalent
treatment.
(
c)(
1)
An
applicant
may
request
that
the
demonstration
of
compliance
with
the
requirement
under
paragraph
(
b)
of
this
section
to
provide
30
percent
removal
of
BOD
be
allowed
on
an
averaging
basis
different
from
monthly
(
e.
g.,
quarterly),
subject
to
the
demonstrations
provided
in
paragraphs
(
c)(
1)(
i),
(
ii)
and
(
iii)
of
this
section.
The
Administrator
may
approve
such
requests
if
the
applicant
demonstrates
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40
CFR
Ch.
I
(
7
 
1
 
01
Edition)
§
125.61
to
the
Administrator's
satisfaction
that:
(
i)
The
applicant's
POTW
is
adequately
designed
and
well
operated;
(
ii)
The
applicant
will
be
able
to
meet
all
requirements
under
section
301(
h)
of
the
CWA
and
these
subpart
G
regulations
with
the
averaging
basis
selected;
and
(
iii)
The
applicant
cannot
achieve
30
percent
removal
on
a
monthly
average
basis
because
of
circumstances
beyond
the
applicant's
control.
Circumstances
beyond
the
applicant's
control
may
include
seasonally
dilute
influent
BOD
concentrations
due
to
relatively
high
(
although
nonexcessive)
inflow
and
infiltration
relatively
high
soluble
to
insoluble
BOD
ratios
on
a
fluctuating
basis;
or
cold
climates
resulting
in
cold
influent.
Circumstances
beyond
the
applicant's
control
shall
not
include
less
concentrated
wastewater
due
to
excessive
inflow
and
infiltration
(
I&
I).
The
determination
of
whether
the
less
concentrated
wastewater
is
the
result
of
excessive
I&
I
will
be
based
on
the
definition
of
excessive
I&
I
in
40
CFR
35.2005(
b)(
16)
plus
the
additional
criterion
that
inflow
is
nonexcessive
if
the
total
flow
to
the
POTW
(
i.
e.,
wastewater
plus
inflow
plus
infiltration)
is
less
than
275
gallons
per
capita
per
day.
(
2)
In
no
event
shall
averaging
on
a
less
frequent
basis
than
annually
be
allowed

[
59
FR
40658,
Aug.
9,
1994,
as
amended
at
61
FR
45833,
Aug.
29,
1996]

§
125.61
Existence
of
and
compliance
with
applicable
water
quality
standards.

(
a)
There
must
exist
a
water
quality
standard
or
standards
applicable
to
the
pollutant(
s)
for
which
a
section
301(
h)
modified
permit
is
requested,
including
(
1)
Water
quality
standards
for
biochemical
oxygen
demand
or
dissolved
oxygen;
(
2)
Water
quality
standards
for
suspended
solids,
turbidity,
light
transmission
light
scattering,
or
maintenance
of
the
euphotic
zone;
and
(
3)
Water
quality
standards
for
pH.
(
b)
The
applicant
must:
(
1)
Demonstrate
that
the
modified
discharge
will
comply
with
the
above
water
quality
standard(
s);
and
(
2)
Provide
a
determination
signed
by
the
State
or
interstate
agency(
s)
authorized
to
provide
certification
under
§
§
124.53
and
124.54
that
the
proposed
modified
discharge
will
comply
with
applicable
provisions
of
State
law
including
water
quality
standards.
This
determination
shall
include
a
discussion
of
the
basis
for
the
conclusion
reached.

§
125.62
Attainment
or
maintenance
of
water
quality
which
assures
protection
of
public
water
supplies;
assures
the
protection
and
propagation
of
a
balanced
indigenous
population
of
shellfish,
fish,
and
wildlife;
and
allows
recreational
activities.

(
a)
Physical
characteristics
of
discharge
(
1)
At
the
time
the
301(
h)
modification
becomes
effective,
the
applicant's
outfall
and
diffuser
must
be
located
and
designed
to
provide
adequate
initial
dilution,
dispersion,
and
transport
of
wastewater
such
that
the
discharge
does
not
exceed
at
and
beyond
the
zone
of
initial
dilution:
(
i)
All
applicable
water
quality
standards;
and
(
ii)
All
applicable
EPA
water
quality
criteria
for
pollutants
for
which
there
is
no
applicable
EPA­
approved
water
quality
standard
that
directly
corresponds
to
the
EPA
water
quality
criterion
for
the
pollutant.
(
iii)
For
purposes
of
paragraph
(
a)(
1)(
ii)
of
this
section,
a
State
water
quality
standard
``
directly
corresponds
to
an
EPA
water
quality
criterion
only
if:
(
A)
The
State
water
quality
standard
addresses
the
same
pollutant
as
the
EPA
water
quality
criterion
and
(
B)
The
State
water
quality
standard
specifies
a
numeric
criterion
for
that
pollutant
or
State
objective
methodology
for
deriving
such
a
numeric
criterion
(
iv)
The
evaluation
of
compliance
with
paragraphs
(
a)(
1)
(
i)
and
(
ii)
of
this
section
shall
be
based
upon
conditions
reflecting
periods
of
maximum
stratification
and
during
other
periods
when
discharge
characteristics,
water
quality
biological
seasons,
or
oceanographic
conditions
indicate
more
critical
situations
may
exist.
(
2)
The
evaluation
under
paragraph
(
a)(
1)(
ii)
of
this
section
as
to
compliance
with
applicable
section
304(
a)(
1)

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297
Environmental
Protection
Agency
§
125.62
water
quality
criteria
shall
be
based
on
the
following:
(
i)
For
aquatic
life
criteria:
The
pollutant
concentrations
that
must
not
be
exceeded
are
the
numeric
ambient
values
if
any,
specified
in
the
EPA
section
304(
a)(
1)
water
quality
criteria
documents
as
the
concentrations
at
which
acute
and
chronic
toxicity
to
aquatic
life
occurs
or
that
are
otherwise
identified
as
the
criteria
to
protect
aquatic
life.
(
ii)
For
human
health
criteria
for
carcinogens
(
A)
For
a
known
or
suspected
carcinogen,
the
Administrator
shall
determine
the
pollutant
concentration
that
shall
not
be
exceeded.
To
make
this
determination,
the
Administrator
shall
first
determine
a
level
of
risk
associated
with
the
pollutant
that
is
acceptable
for
purposes
of
this
section.
The
Administrator
shall
then
use
the
information
in
the
section
304(
a)(
1)
water
quality
criterion
document,
supplemented
by
all
other
relevant
information
to
determine
the
specific
pollutant
concentration
that
corresponds
to
the
identified
risk
level.
(
B)
For
purposes
of
paragraph
(
a)(
2)(
ii)(
A)
of
this
section,
an
acceptable
risk
level
will
be
a
single
level
that
has
been
consistently
used,
as
determined
by
the
Administrator,
as
the
basis
of
the
State's
EPA­
approved
water
quality
standards
for
carcinogenic
pollutants.
Alternatively,
the
Administrator
may
consider
a
State's
recommendation
to
use
a
risk
level
that
has
been
otherwise
adopted
or
formally
proposed
by
the
State.
The
State
recommendation
must
demonstrate,
to
the
satisfaction
of
the
Administrator,
that
the
recommended
level
is
sufficiently
protective
of
human
health
in
light
of
the
exposure
and
uncertainty
factors
associated
with
the
estimate
of
the
actual
risk
posed
by
the
applicant's
discharge.
The
State
must
include
with
its
demonstration
a
showing
that
the
risk
level
selected
is
based
on
the
best
information
available
and
that
the
State
has
held
a
public
hearing
to
review
the
selection
of
the
risk
level,
in
accordance
with
provisions
of
State
law
and
public
participation
requirements
of
40
CFR
part
25.
If
the
Administrator
neither
determines
that
there
is
a
consistently
used
single
risk
level
nor
accepts
a
risk
level
recommended
by
the
State,
then
the
Administrator
shall
otherwise
determine
an
acceptable
risk
level
based
on
all
relevant
information
(
iii)
For
human
health
criteria
for
noncarcinogens
For
noncarcinogenic
pollutants
the
pollutant
concentrations
that
must
not
be
exceeded
are
the
numeric
ambient
values,
if
any,
specified
in
the
EPA
section
304(
a)(
1)
water
quality
criteria
documents
as
protective
against
the
potential
toxicity
of
the
contaminant
through
ingestion
of
contaminated
aquatic
organisms.
(
3)
The
requirements
of
paragraphs
(
a)(
1)
and
(
a)(
2)
of
this
section
apply
in
addition
to,
and
do
not
waive
or
substitute
for,
the
requirements
of
§
125.61.
(
b)
Impact
of
discharge
on
public
water
supplies.
(
1)
The
applicant's
modified
discharge
must
allow
for
the
attainment
or
maintenance
of
water
quality
which
assures
protection
of
public
water
supplies.
(
2)
The
applicant's
modified
discharge
must
not:
(
i)
Prevent
a
planned
or
existing
public
water
supply
from
being
used,
or
from
continuing
to
be
used,
as
a
public
water
supply;
or
(
ii)
Have
the
effect
of
requiring
treatment
over
and
above
that
which
would
be
necessary
in
the
absence
of
such
discharge
in
order
to
comply
with
local
and
EPA
drinking
water
standards.
(
c)
Biological
impact
of
discharge.
(
1)
The
applicant's
modified
discharge
must
allow
for
the
attainment
or
maintenance
of
water
quality
which
assures
protection
and
propagation
of
a
balanced
indigenous
population
of
shellfish
fish,
and
wildlife.
(
2)
A
balanced
indigenous
population
of
shellfish,
fish,
and
wildlife
must
exist:
(
i)
Immediately
beyond
the
zone
of
initial
dilution
of
the
applicant's
modified
discharge;
and
(
ii)
In
all
other
areas
beyond
the
zone
of
initial
dilution
where
marine
life
is
actually
or
potentially
affected
by
the
applicant's
modified
discharge.
(
3)
Conditions
within
the
zone
of
initial
dilution
must
not
contribute
to
extreme
adverse
biological
impacts,
including
but
not
limited
to,
the
destruction
of
distinctive
habitats
of
limited
distribution,
the
presence
of
disease
epicenter,
or
the
stimulation
of
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298
40
CFR
Ch.
I
(
7
 
1
 
01
Edition)
§
125.63
phytoplankton
blooms
which
have
adverse
effects
beyond
the
zone
of
initial
dilution.
(
4)
In
addition,
for
modified
discharges
into
saline
estuarine
water:
(
i)
Benthic
populations
within
the
zone
of
initial
dilution
must
not
differ
substantially
from
the
balanced
indigenous
populations
which
exist
immediately
beyond
the
boundary
of
the
zone
of
initial
dilution;
(
ii)
The
discharge
must
not
interfere
with
estuarine
migratory
pathways
within
the
zone
of
initial
dilution;
and
(
iii)
The
discharge
must
not
result
in
the
accumulation
of
toxic
pollutants
or
pesticides
at
levels
which
exert
adverse
effects
on
the
biota
within
the
zone
of
initial
dilution.
(
d)
Impact
of
discharge
on
recreational
activities.
(
1)
The
applicant's
modified
discharge
must
allow
for
the
attainment
or
maintenance
of
water
quality
which
allows
for
recreational
activities
beyond
the
zone
of
initial
dilution,
including
without
limitation,
swimming,
diving,
boating,
fishing,
and
picnicking
and
sports
activities
along
shorelines
and
beaches.
(
2)
There
must
be
no
Federal,
State,
or
local
restrictions
on
recreational
activities
within
the
vicinity
of
the
applicant's
modified
outfall
unless
such
restrictions
are
routinely
imposed
around
sewage
outfalls.
This
exception
shall
not
apply
where
the
restriction
would
be
lifted
or
modified,
in
whole
or
in
part,
if
the
applicant
were
discharging
a
secondary
treatment
effluent
(
e)
Additional
requirements
for
applications
based
on
improved
or
altered
discharges
An
application
for
a
section
301(
h)
modified
permit
on
the
basis
of
an
improved
or
altered
discharge
must
include:
(
1)
A
demonstration
that
such
improvements
or
alterations
have
been
thoroughly
planned
and
studied
and
can
be
completed
or
implemented
expeditiously
(
2)
Detailed
analyses
projecting
changes
in
average
and
maximum
monthly
flow
rates
and
composition
of
the
applicant's
discharge
which
are
expected
to
result
from
proposed
improvements
or
alterations;
(
3)
The
assessments
required
by
paragraphs
(
a)
through
(
d)
of
this
section
based
on
its
current
discharge;
and
(
4)
A
detailed
analysis
of
how
the
applicant's
planned
improvements
or
alterations
will
comply
with
the
requirements
of
paragraphs
(
a)
through
(
d)
of
this
section.
(
f)
Stressed
waters.
An
applicant
must
demonstrate
compliance
with
paragraphs
(
a)
through
(
e)
of
this
section
not
only
on
the
basis
of
the
applicant's
own
modified
discharge,
but
also
taking
into
account
the
applicant's
modified
discharge
in
combination
with
pollutants
from
other
sources.
However,
if
an
applicant
which
discharges
into
ocean
waters
believes
that
its
failure
to
meet
the
requirements
of
paragraphs
(
a)
through
(
e)
of
this
section
is
entirely
attributable
to
conditions
resulting
from
human
perturbations
other
than
its
modified
discharge
(
including
without
limitation,
other
municipal
or
industrial
discharges,
nonpoint
source
runoff,
and
the
applicant's
previous
discharges),
the
applicant
need
not
demonstrate
compliance
with
those
requirements
if
it
demonstrates
to
the
satisfaction
of
the
Administrator
that
its
modified
discharge
does
not
or
will
not:
(
1)
Contribute
to,
increase,
or
perpetuate
such
stressed
conditions;
(
2)
Contribute
to
further
degradation
of
the
biota
or
water
quality
if
the
level
of
human
perturbation
from
other
sources
increases;
and
(
3)
Retard
the
recovery
of
the
biota
or
water
quality
if
the
level
of
human
perturbation
from
other
sources
decreases

§
125.63
Establishment
of
a
monitoring
program.

(
a)
General
requirements.
(
1)
The
applicant
must:
(
i)
Have
a
monitoring
program
that
is:
(
A)
Designed
to
provide
data
to
evaluate
the
impact
of
the
modified
discharge
on
the
marine
biota,
demonstrate
compliance
with
applicable
water
quality
standards
or
water
quality
criteria,
as
applicable,
and
measure
toxic
substances
in
the
discharge,
and
(
B)
Limited
to
include
only
those
scientific
investigations
necessary
to
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299
Environmental
Protection
Agency
§
125.63
study
the
effects
of
the
proposed
discharge
(
ii)
Describe
the
sampling
techniques
schedules
and
locations
(
including
appropriate
control
sites),
analytical
techniques,
quality
control
and
verification
procedures
to
be
used
in
the
monitoring
program;
(
iii)
Demonstrate
that
it
has
the
resources
necessary
to
implement
the
program
upon
issuance
of
the
modified
permit
and
to
carry
it
out
for
the
life
of
the
modified
permit;
and
(
iv)
Determine
the
frequency
and
extent
of
the
monitoring
program
taking
into
consideration
the
applicant's
rate
of
discharge,
quantities
of
toxic
pollutants
discharged,
and
potentially
significant
impacts
on
receiving
water
quality,
marine
biota,
and
designated
water
uses.
(
2)
The
Administrator
may
require
revision
of
the
proposed
monitoring
program
before
issuing
a
modified
permit
and
during
the
term
of
any
modified
permit.
(
b)
Biological
monitoring
program.
The
biological
monitoring
program
for
both
small
and
large
applicants
shall
provide
data
adequate
to
evaluate
the
impact
of
the
modified
discharge
on
the
marine
biota.
(
1)
Biological
monitoring
shall
include
to
the
extent
practicable:
(
i)
Periodic
surveys
of
the
biological
communities
and
populations
which
are
most
likely
affected
by
the
discharge
to
enable
comparisons
with
baseline
conditions
described
in
the
application
and
verified
by
sampling
at
the
control
stations/
reference
sites
during
the
periodic
surveys;
(
ii)
Periodic
determinations
of
the
accumulation
of
toxic
pollutants
and
pesticides
in
organisms
and
examination
of
adverse
effects,
such
as
disease,
growth
abnormalities,
physiological
stress,
or
death;
(
iii)
Sampling
of
sediments
in
areas
of
solids
deposition
in
the
vicinity
of
the
ZID,
in
other
areas
of
expected
impact
and
at
appropriate
reference
sites
to
support
the
water
quality
and
biological
surveys
and
to
measure
the
accumulation
of
toxic
pollutants
and
pesticides
and
(
iv)
Where
the
discharge
would
affect
commercial
or
recreational
fisheries,
periodic
assessments
of
the
conditions
and
productivity
of
fisheries.
(
2)
Small
applicants
are
not
subject
to
the
requirements
of
paragraph
(
b)(
1)
(
ii)
through
(
iv)
of
this
section
if
they
discharge
at
depths
greater
than
10
meters
and
can
demonstrate
through
a
suspended
solids
deposition
analysis
that
there
will
be
negligible
seabed
accumulation
in
the
vicinity
of
the
modified
discharge.
(
3)
For
applicants
seeking
a
section
301(
h)
modified
permit
based
on:
(
i)
A
current
discharge,
biological
monitoring
shall
be
designed
to
demonstrate
ongoing
compliance
with
the
requirements
of
§
125.62(
c);
(
ii)
An
improved
discharge
or
altered
discharge
other
than
outfall
relocation,
biological
monitoring
shall
provide
baseline
data
on
the
current
impact
of
the
discharge
and
data
which
demonstrate
upon
completion
of
improvements
or
alterations,
that
the
requirements
of
§
125.62(
c)
are
met;
or
(
iii)
An
improved
or
altered
discharge
involving
outfall
relocation,
the
biological
monitoring
shall:
(
A)
Include
the
current
discharge
site
until
such
discharge
ceases;
and
(
B)
Provide
baseline
data
at
the
relocation
site
to
demonstrate
the
impact
of
the
discharge
and
to
provide
the
basis
for
demonstrating
that
requirements
of
§
125.62(
c)
will
be
met.
(
c)
Water
quality
monitoring
program.
The
water
quality
monitoring
program
shall
to
the
extent
practicable:
(
1)
Provide
adequate
data
for
evaluating
compliance
with
water
quality
standards
or
water
quality
criteria,
as
applicable
under
§
125.62(
a)(
1);
(
2)
Measure
the
presence
of
toxic
pollutants
which
have
been
identified
or
reasonably
may
be
expected
to
be
present
in
the
discharge.
(
d)
Effluent
monitoring
program.
(
1)
In
addition
to
the
requirements
of
40
CFR
part
122,
to
the
extent
practicable,
monitoring
of
the
POTW
effluent
shall
provide
quantitative
and
qualitative
data
which
measure
toxic
substances
and
pesticides
in
the
effluent
and
the
effectiveness
of
the
toxic
control
program
(
2)
The
permit
shall
require
the
collection
of
data
on
a
frequency
specified
in
the
permit
to
provide
adequate
data
for
evaluating
compliance
with
the
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40
CFR
Ch.
I
(
7
 
1
 
01
Edition)
§
125.64
percent
removal
efficiency
requirements
under
§
125.60.

§
125.64
Effect
of
the
discharge
on
other
point
and
nonpoint
sources.

(
a)
No
modified
discharge
may
result
in
any
additional
pollution
control
requirements
on
any
other
point
or
nonpoint
source.
(
b)
The
applicant
shall
obtain
a
determination
from
the
State
or
interstate
agency(
s)
having
authority
to
establish
wasteload
allocations
indicating
whether
the
applicant's
discharge
will
result
in
an
additional
treatment
pollution
control,
or
other
requirement
on
any
other
point
or
nonpoint
sources.
The
State
determination
shall
include
a
discussion
of
the
basis
for
its
conclusion.

§
125.65
Urban
area
pretreatment
program

(
a)
Scope
and
applicability.
(
1)
The
requirements
of
this
section
apply
to
each
POTW
serving
a
population
of
50,000
or
more
that
has
one
or
more
toxic
pollutants
introduced
into
the
POTW
by
one
or
more
industrial
dischargers
and
that
seeks
a
section
301(
h)
modification.
(
2)
The
requirements
of
this
section
apply
in
addition
to
any
applicable
requirements
of
40
CFR
part
403,
and
do
not
waive
or
substitute
for
the
part
403
requirements
in
any
way.
(
b)
Toxic
pollutant
control.
(
1)
As
to
each
toxic
pollutant
introduced
by
an
industrial
discharger,
each
POTW
subject
to
the
requirements
of
this
section
shall
demonstrate
that
it
either:
(
i)
Has
an
applicable
pretreatment
requirement
in
effect
in
accordance
with
paragraph
(
c)
of
this
section;
or
(
ii)
Has
in
effect
a
program
that
achieves
secondary
removal
equivalency
in
accordance
with
paragraph
(
d)
of
this
section.
(
2)
Each
applicant
shall
demonstrate
that
industrial
sources
introducing
waste
into
the
applicant's
treatment
works
are
in
compliance
with
all
applicable
pretreatment
requirements,
including
numerical
standards
set
by
local
limits,
and
that
it
will
enforce
those
requirements.
(
c)
Applicable
pretreatment
requirement
(
1)
An
applicable
pretreatment
requirement
under
paragraph
(
b)(
1)(
i)
of
this
section
with
respect
to
a
toxic
pollutant
shall
consist
of
the
following:
(
i)
As
to
a
toxic
pollutant
introduced
into
the
applicant's
treatment
works
by
an
industrial
discharger
for
which
there
is
no
applicable
categorical
pretreatment
standard
for
the
toxic
pollutant,
a
local
limit
or
limits
on
the
toxic
pollutant
as
necessary
to
satisfy
the
requirements
of
40
CFR
part
403;
and
(
ii)
As
to
a
toxic
pollutant
introduced
into
the
applicant's
treatment
works
by
an
industrial
discharger
that
is
subject
to
a
categorical
pretreatment
standard
for
the
toxic
pollutant,
the
categorical
standard
and
a
local
limit
or
limits
as
necessary
to
satisfy
the
requirements
of
40
CFR
part
403;
(
iii)
As
to
a
toxic
pollutant
introduced
into
the
applicant's
treatment
works
by
an
industrial
discharger
for
which
there
is
no
applicable
categorical
pretreatment
standard
for
the
toxic
pollutant,
and
the
40
CFR
part
403
analysis
on
the
toxic
pollutant
shows
that
no
local
limit
is
necessary,
the
applicant
shall
demonstrate
to
EPA
on
an
annual
basis
during
the
term
of
the
permit
through
continued
monitoring
and
appropriate
technical
review
that
a
local
limit
is
not
necessary,
and,
where
appropriate,
require
industrial
management
practices
plans
and
other
pollution
prevention
activities
to
reduce
or
control
the
discharge
of
each
such
pollutant
by
industrial
dischargers
to
the
POTW.
If
such
monitoring
and
technical
review
of
data
indicate
that
a
local
limit
is
needed,
the
POTW
shall
establish
and
implement
a
local
limit.
(
2)
Any
local
limits
developed
to
meet
the
requirements
of
paragraphs
(
b)(
1)(
i)
and
(
c)(
1)
of
this
section
shall
be:
(
i)
Consistent
with
all
applicable
requirements
of
40
CFR
part
403
and
(
ii)
Subject
to
approval
by
the
Administrator
as
part
of
the
301(
h)
application
review.
The
Administrator
may
require
such
local
limits
to
be
revised
as
necessary
to
meet
the
requirements
of
this
section
or
40
CFR
part
403.
(
d)
Secondary
removal
equivalency.
An
applicant
shall
demonstrate
that
it
achieves
secondary
removal
equivalency
through
the
use
of
a
secondary
treatment
pilot
(
demonstration)
plant
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301
Environmental
Protection
Agency
§
125.66
at
the
applicant's
facility
which
provides
an
empirical
determination
of
the
amount
of
a
toxic
pollutant
removed
by
the
application
of
secondary
treatment
to
the
applicant's
influent
where
the
applicant's
influent
has
not
been
pretreated.
Alternatively,
an
applicant
may
make
this
determination
using
influent
that
has
received
industrial
pretreatment,
notwithstanding
the
definition
of
secondary
removal
equivalency
in
§
125.58(
w).
The
NPDES
permit
shall
include
effluent
limits
based
on
the
data
from
the
secondary
equivalency
demonstration
when
those
limits
are
more
stringent
than
effluent
limits
based
on
State
water
quality
standards
or
water
quality
criteria,
if
applicable,
or
are
otherwise
required
to
assure
that
all
applicable
environmental
protection
criteria
are
met.
Once
such
effluent
limits
are
established
in
the
NPDES
permit,
the
POTW
may
either
establish
local
limits
or
perform
additional
treatment
at
the
POTW
or
a
combination
of
the
two
to
achieve
the
permit
limit.

§
125.66
Toxics
control
program.

(
a)
Chemical
analysis.
(
1)
The
applicant
shall
submit
at
the
time
of
application
a
chemical
analysis
of
its
current
discharge
for
all
toxic
pollutants
and
pesticides
as
defined
in
§
125.58(
aa)
and
(
p).
The
analysis
shall
be
performed
on
two
24­
hour
composite
samples
(
one
dry
weather
and
one
wet
weather).
Applicants
may
supplement
or
substitute
chemical
analyses
if
composition
of
the
supplemental
or
substitute
samples
typifies
that
which
occurs
during
dry
and
wet
weather
conditions
(
2)
Unless
required
by
the
State,
this
requirement
shall
not
apply
to
any
small
section
301(
h)
applicant
which
certifies
that
there
are
no
known
or
suspected
sources
of
toxic
pollutants
or
pesticides
and
documents
the
certification
with
an
industrial
user
survey
as
described
by
40
CFR
403.8(
f)(
2).
(
b)
Identification
of
sources.
The
applicant
shall
submit
at
the
time
of
application
an
analysis
of
the
known
or
suspected
sources
of
toxic
pollutants
or
pesticides
identified
in
§
125.66(
a).
The
applicant
shall
to
the
extent
practicable
categorize
the
sources
according
to
industrial
and
nonindustrial
types.
(
c)
Industrial
pretreatment
requirements
(
1)
An
applicant
that
has
known
or
suspected
industrial
sources
of
toxic
pollutants
shall
have
an
approved
pretreatment
program
in
accordance
with
40
CFR
part
403.
(
2)
This
requirement
shall
not
apply
to
any
applicant
which
has
no
known
or
suspected
industrial
sources
of
toxic
pollutants
or
pesticides
and
so
certifies
to
the
Administrator.
(
3)
The
pretreatment
program
submitted
by
the
applicant
under
this
section
shall
be
subject
to
revision
as
required
by
the
Administrator
prior
to
issuing
or
renewing
any
section
301(
h)
modified
permit
and
during
the
term
of
any
such
permit.
(
4)
Implementation
of
all
existing
pretreatment
requirements
and
authorities
must
be
maintained
through
the
period
of
development
of
any
additional
pretreatment
requirements
that
may
be
necessary
to
comply
with
the
requirements
of
this
subpart.
(
d)
Nonindustrial
source
control
program
(
1)
The
applicant
shall
submit
a
proposed
public
education
program
designed
to
minimize
the
entrance
of
nonindustrial
toxic
pollutants
and
pesticides
into
its
POTW(
s)
which
shall
be
implemented
no
later
than
18
months
after
issuance
of
a
301(
h)
modified
permit
(
2)
The
applicant
shall
also
develop
and
implement
additional
nonindustrial
source
control
programs
on
the
earliest
possible
schedule.
This
requirement
shall
not
apply
to
a
small
applicant
which
certifies
that
there
are
no
known
or
suspected
water
quality,
sediment
accumulation,
or
biological
problems
related
to
toxic
pollutants
or
pesticides
in
its
discharge.
(
3)
The
applicant's
nonindustrial
source
control
programs
under
paragraph
(
d)(
2)
of
this
section
shall
include
the
following
schedules
which
are
to
be
implemented
no
later
than
18
months
after
issuance
of
a
section
301(
h)
modified
permit:
(
i)
A
schedule
of
activities
for
identifying
nonindustrial
sources
of
toxic
pollutants
and
pesticides;
and
(
ii)
A
schedule
for
the
development
and
implementation
of
control
programs
to
the
extent
practicable,
for
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40
CFR
Ch.
I
(
7
 
1
 
01
Edition)
§
125.67
nonindustrial
sources
of
toxic
pollutants
and
pesticides.
(
4)
Each
proposed
nonindustrial
source
control
program
and/
or
schedule
submitted
by
the
applicant
under
this
section
shall
be
subject
to
revision
as
determined
by
the
Administrator
prior
to
issuing
or
renewing
any
section
301(
h)
modified
permit
and
during
the
term
of
any
such
permit.

§
125.67
Increase
in
effluent
volume
or
amount
of
pollutants
discharged.

(
a)
No
modified
discharge
may
result
in
any
new
or
substantially
increased
discharges
of
the
pollutant
to
which
the
modification
applies
above
the
discharge
specified
in
the
section
301(
h)
modified
permit.
(
b)
Where
pollutant
discharges
are
attributable
in
part
to
combined
sewer
overflows,
the
applicant
shall
minimize
existing
overflows
and
prevent
increases
in
the
amount
of
pollutants
discharged.
(
c)
The
applicant
shall
provide
projections
of
effluent
volume
and
mass
loadings
for
any
pollutants
to
which
the
modification
applies
in
5­
year
increments
for
the
design
life
of
its
facility

§
125.68
Special
conditions
for
section
301(
h)
modified
permits.

Each
section
301(
h)
modified
permit
issued
shall
contain,
in
addition
to
all
applicable
terms
and
conditions
required
by
40
CFR
part
122,
the
following
(
a)
Effluent
limitations
and
mass
loadings
which
will
assure
compliance
with
the
requirements
of
this
subpart;
(
b)
A
schedule
or
schedules
of
compliance
for:
(
1)
Pretreatment
program
development
required
by
§
125.66(
c);
(
2)
Nonindustrial
toxics
control
program
required
by
§
125.66(
d);
and
(
3)
Control
of
combined
sewer
overflows
required
by
§
125.67.
(
c)
Monitoring
program
requirements
that
include:
(
1)
Biomonitoring
requirements
of
§
125.63(
b);
(
2)
Water
quality
requirements
of
§
125.63(
c);
(
3)
Effluent
monitoring
requirements
of
§
§
125.60(
b),
125.62(
c)
and
(
d),
and
125.63(
d).
(
d)
Reporting
requirements
that
include
the
results
of
the
monitoring
programs
required
by
paragraph
(
c)
of
this
section
at
such
frequency
as
prescribed
in
the
approved
monitoring
program.

APPENDIX
TO
PART
125
TO
SUBPART
G
 
APPLICANT
QUESTIONNAIRE
FOR
MODIFICATION
OF
SECONDARY
TREATMENT
REQUIREMENTS
OMB
Control
Number
2040
 
0088
Expires
on
2/
28/
96
Public
reporting
burden
for
this
collection
of
information
is
estimated
to
average
1,295
­
19,552
hours
per
response,
for
small
and
large
applicants,
respectively.
The
reporting
burden
includes
time
for
reviewing
instructions,
gathering
data,
including
monitoring
and
toxics
control
activities,
and
completing
and
reviewing
the
questionnaire.
Send
comments
regarding
the
burden
estimate
or
any
other
aspect
of
this
collection,
including
suggestions
for
reducing
the
burden
to
Chief,
Information
Policy
Branch,
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.
(
2136),
Washington,
DC
20460
and
Office
of
Management
and
Budget,
Office
of
Information
and
Regulatory
Affairs,
Attn:
Desk
Officer
for
EPA,
Washington,
DC
20503.

I.
INTRODUCTION
1.
This
questionnaire
is
to
be
submitted
by
both
small
and
large
applicants
for
modification
of
secondary
treatment
requirements
under
section
301(
h)
of
the
Clean
Water
Act
(
CWA).
A
small
applicant
is
defined
as
a
POTW
that
has
a
contributing
population
to
its
wastewater
treatment
facility
of
less
than
50,000
and
a
projected
average
dry
weather
flow
of
less
than
5.0
million
gallons
per
day
(
mgd,
0.22
cubic
meters/
sec)
[
40
CFR
125.58(
c)].
A
large
applicant
is
defined
as
a
POTW
that
has
a
population
contributing
to
its
wastewater
treatment
facility
of
at
least
50,000
or
a
projected
average
dry
weather
flow
of
its
discharge
of
at
least
5.0
million
gallons
per
day
(
mgd,
0.22
cubic
meters/
sec)
[
40
CFR
125.58(
c)].
The
questionnaire
is
in
two
sections,
a
general
information
and
basic
requirements
section
(
part
II)
and
a
technical
evaluation
section
(
part
III).
Satisfactory
completion
by
small
and
large
dischargers
of
the
appropriate
questions
of
this
questionnaire
is
necessary
to
enable
EPA
to
determine
whether
the
applicant's
modified
discharge
meets
the
criteria
of
section
301(
h)
and
EPA
regulations
(
40
CFR
part
125,
subpart
G).
2.
Most
small
applicants
should
be
able
to
complete
the
questionnaire
using
available
information.
However,
small
POTWs
with
low
initial
dilution
discharging
into
shallow
waters
or
waters
with
poor
dispersion
and
transport
characteristics,
discharging
near
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Environmental
Protection
Agency
Pt.
125,
Subpt.
G,
App.

distinctive
and
susceptible
biological
habitats
or
discharging
substantial
quantities
of
toxics
should
anticipate
the
need
to
collect
additional
information
and/
or
conduct
additional
analyses
to
demonstrate
compliance
with
section
301(
h)
criteria.
If
there
are
questions
in
this
regard,
applicants
should
contact
the
appropriate
EPA
Regional
Office
for
guidance.
3.
Guidance
for
responding
to
this
questionnaire
is
provided
by
the
newly
amended
section
301(
h)
technical
support
document.
Where
available
information
is
incomplete
and
the
applicant
needs
to
collect
additional
data
during
the
period
it
is
preparing
the
application
or
a
letter
of
intent,
EPA
encourages
the
applicant
to
consult
with
EPA
prior
to
data
collection
and
submission.
Such
consultation
particularly
if
the
applicant
provides
a
project
plan,
will
help
ensure
that
the
proper
data
are
gathered
in
the
most
efficient
matter.
4.
The
notation
(
L)
means
large
applicants
must
respond
to
the
question,
and
(
S)
means
small
applicants
must
respond.

II.
GENERAL
INFORMATION
AND
BASIC
DATA
REQUIREMENTS
A.
Treatment
System
Description
1.
(
L,
S)
On
which
of
the
following
are
you
basing
your
application:
a
current
discharge,
improved
discharge,
or
altered
discharge,
as
defined
in
40
CFR
125.58?
[
40
CFR
125.59(
a)]
2.
(
L,
S)
Description
of
the
Treatment/
Outfall
System
[
40
CFR
125.62(
a)
and
125.62(
e)]
a.
Provide
detailed
descriptions
and
diagrams
of
the
treatment
system
and
outfall
configuration
which
you
propose
to
satisfy
the
requirements
of
section
301(
h)
and
40
CFR
part
125,
subpart
G.
What
is
the
total
discharge
design
flow
upon
which
this
application
is
based?
b.
Provide
a
map
showing
the
geographic
location
of
proposed
outfall(
s)
(
i.
e.,
discharge
What
is
the
latitude
and
longitude
of
the
proposed
outfall(
s)?
c.
For
a
modification
based
on
an
improved
or
altered
discharge,
provide
a
description
and
diagram
of
your
current
treatment
system
and
outfall
configuration.
Include
the
current
outfall's
latitude
and
longitude,
if
different
from
the
proposed
outfall.
3.
(
L,
S)
Primary
or
equivalent
treatment
requirements
[
40
CFR
125.60]
a.
Provide
data
to
demonstrate
that
your
effluent
meets
at
least
primary
or
equivalent
treatment
requirements
as
defined
in
40
CFR
125.58(
r)
[
40
CFR
125.60]
b.
If
your
effluent
does
not
meet
the
primary
or
equivalent
treatment
requirements,
when
do
you
plan
to
meet
them?
Provide
a
detailed
schedule,
including
design,
construction
start­
up
and
full
operation,
with
your
application.
This
requirement
must
be
met
by
the
effective
date
of
the
new
section
301(
h)
modified
permit.
4.
(
L,
S)
Effluent
Limitations
and
Characteristics
[
40
CFR
125.61(
b)
and
125.62(
e)(
2)]
a.
Identify
the
final
effluent
limitations
for
five­
day
biochemical
oxygen
demand
(
BOD5),
suspended
solids,
and
pH
upon
which
your
application
for
a
modification
is
based:
 
BOD5
lll
mg/
L
 
Suspended
solids
lll
mg/
L
 
pH
lll
(
range)
b.
Provide
data
on
the
following
effluent
characteristics
for
your
current
discharge
as
well
as
for
the
modified
discharge
if
different
from
the
current
discharge:
Flow
(
m3/
sec):
 
minimum
 
average
dry
weather
 
average
wet
weather
 
maximum
 
annual
average
BOD5
(
mg/
L)
for
the
following
plant
flows:
 
minimum
 
average
dry
weather
 
average
wet
weather
 
maximum
 
annual
average
Suspended
solids
(
mg/
L)
for
the
following
plant
flows:
 
minimum
 
average
dry
weather
 
average
wet
weather
 
maximum
 
annual
average
Toxic
pollutants
and
pesticides
(
ug/
L):
 
list
each
toxic
pollutant
and
pesticide
 
list
each
304(
a)(
1)
criteria
and
toxic
pollutant
and
pesticide
pH:
 
minimum
 
maximum
Dissolved
oxygen
(
mg/
L,
prior
to
chlorination)
for
the
following
plant
flows:
 
minimum
 
average
dry
weather
 
average
wet
weather
 
maximum
 
annual
average
Immediate
dissolved
oxygen
demand
(
mg/
L).
5.
(
L,
S)
Effluent
Volume
and
Mass
Emissions
[
40
CFR
125.62(
e)(
2)
and
125.67]
a.
Provide
detailed
analyses
showing
projections
of
effluent
volume
(
annual
average,
m3/
sec)
and
mass
loadings
(
mt/
yr)
of
BOD5
and
suspended
solids
for
the
design
life
of
your
treatment
facility
in
five­
year
increments
If
the
application
is
based
upon
an
improved
or
altered
discharge,
the
projections
must
be
provided
with
and
without
the
proposed
improvements
or
alterations.
b.
Provide
projections
for
the
end
of
your
five­
year
permit
term
for
1)
the
treatment
facility
contributing
population
and
2)
the
average
daily
total
discharge
flow
for
the
maximum
month
of
the
dry
weather
season.

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40
CFR
Ch.
I
(
7
 
1
 
01
Edition)
Pt.
125,
Subpt.
G,
App.

6.
(
L,
S)
Average
Daily
Industrial
Flow
(
m3/
sec).
Provide
or
estimate
the
average
daily
industrial
inflow
to
your
treatment
facility
for
the
same
time
increments
as
in
question
II.
A.
5
above.
[
40
CFR
125.66]
7.
(
L,
S)
Combined
Sewer
Overflows
[
40
CFR
125.67(
b)]
a.
Does
(
will)
your
treatment
and
collection
system
include
combined
sewer
overflows
b.
If
yes,
provide
a
description
of
your
plan
for
minimizing
combined
sewer
overflows
to
the
receiving
water.
8.
(
L,
S)
Outfall/
Diffuser
Design.
Provide
the
following
data
for
your
current
discharge
as
well
as
for
the
modified
discharge,
if
different
from
the
current
discharge:
[
40
CFR
125.62(
a)(
1)]
 
Diameter
and
length
of
the
outfall(
s)
(
meters
 
Diameter
and
length
of
the
diffuser(
s)
(
meters
 
Angle(
s)
of
port
orientation(
s)
from
horizontal
(
degrees)
 
Port
diameter(
s)
(
meters)
 
Orifice
contraction
coefficient(
s),
if
known
 
Vertical
distance
from
mean
lower
low
water
(
or
mean
low
water)
surface
and
outfall
port(
s)
centerline
(
meters)
 
Number
of
ports
 
Port
spacing
(
meters)
 
Design
flow
rate
for
each
port,
if
multiple
ports
are
used
(
m3/
sec)

B.
Receiving
Water
Description
1.
(
L,
S)
Are
you
applying
for
a
modification
based
on
a
discharge
to
the
ocean
[
40
CFR
125.58(
n)]
or
to
a
saline
estuary
[
40
CFR
125.58(
v)]?
[
40
CFR
125.59(
a)].
2.
(
L,
S)
Is
your
current
discharge
or
modified
discharge
to
stressed
waters
as
defined
in
40
CFR
125.58(
z)?
If
yes,
what
are
the
pollution
sources
contributing
to
the
stress?
[
40
CFR
125.59(
b)(
4)
and
125.62(
f)].
3.
(
L,
S)
Provide
a
description
and
data
on
the
seasonal
circulation
patterns
in
the
vicinity
of
your
current
and
modified
discharge
s).
[
40
CFR
125.62(
a)].
4.
(
L)
Oceanographic
conditions
in
the
vicinity
of
the
current
and
proposed
modified
discharge(
s).
Provide
data
on
the
following:
[
40
CFR
125.62(
a)].
 
Lowest
ten
percentile
current
speed
(
m/
sec)
 
Predominant
current
speed
(
m/
sec)
and
direction
(
true)
during
the
four
seasons
 
Period(
s)
of
maximum
stratification
(
months)
 
Period(
s)
of
natural
upwelling
events
(
duration
and
frequency,
months)
 
Density
profiles
during
period(
s)
of
maximum
stratification
5.
(
L,
S)
Do
the
receiving
waters
for
your
discharge
contain
significant
amounts
of
effluent
previously
discharged
from
the
treatment
works
for
which
you
are
applying
for
a
section
301(
h)
modified
permit?
[
40
CFR
125.57(
a)(
9)]
6.
Ambient
water
quality
conditions
during
the
period(
s)
of
maximum
stratification:
at
the
zone
of
initial
dilution
(
ZID)
boundary,
at
other
areas
of
potential
impact,
and
at
control
stations.
[
40
CFR
125.62(
a)]
a.
(
L)
Provide
profiles
(
with
depth)
on
the
following
for
the
current
discharge
location
and
for
the
modified
discharge
location,
if
different
from
the
current
discharge:

 
BOD5
(
mg/
L)
 
Dissolved
oxygen
(
mg/
L)
 
Suspended
solids
(
mg/
L)
 
pH
 
Temperature
(
°
C)
 
Salinity
(
ppt)
 
Transparency
(
turbidity,
percent
light
transmittance)
 
Other
significant
variables
(
e.
g.,
nutrients,
304(
a)(
1)
criteria
and
toxic
pollutants
and
pesticides,
fecal
coliform
bacteria)

b.
(
S)
Provide
available
data
on
the
following
in
the
vicinity
of
the
current
discharge
location
and
for
the
modified
discharge
location,
if
different
from
the
current
discharge:
[
40
CFR
125.61(
b)(
1)]

 
Dissolved
oxygen
(
mg/
L)
 
Suspended
solids
(
mg/
L)
 
pH
 
Temperature
(
°
C)
 
Salinity
(
ppt)
 
Transparency
(
turbidity,
percent
light
transmittance)
 
Other
significant
variables
(
e.
g.,
nutrients,
304(
a)(
1)
criteria
and
toxic
pollutants
and
pesticides,
fecal
coliform
bacteria)
c.
(
L,
S)
Are
there
other
periods
when
receiving
water
quality
conditions
may
be
more
critical
than
the
period(
s)
of
maximum
stratification?
If
so,
describe
these
and
other
critical
periods
and
data
requested
in
6.
a.
for
the
other
critical
period(
s).
[
40
CFR
125.62(
a)(
1)].
7.
(
L)
Provide
data
on
steady
state
sediment
dissolved
oxygen
demand
and
dissolved
oxygen
demand
due
to
resuspension
of
sediments
in
the
vicinity
of
your
current
and
modified
discharge(
s)
(
mg/
L/
day).

C.
Biological
Conditions
1.
(
L)
Provide
a
detailed
description
of
representative
biological
communities
(
e.
g.,
plankton,
macrobenthos,
demersal
fish,
etc.)
in
the
vicinity
of
your
current
and
modified
discharge(
s):
within
the
ZID,
at
the
ZID
boundary,
at
other
areas
of
potential
discharge
related
impact,
and
at
reference
(
control
sites.
Community
characteristics
to
be
described
shall
include
(
but
not
be
limited
to)
species
composition;
abundance;
dominance
and
diversity;
spatial/
temporal
distribution
growth
and
reproduction;
disease
frequency;
trophic
structure
and
productivity
patterns;
presence
of
opportunistic
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Subpt.
G,
App.

species;
bioaccumulation
of
toxic
materials;
and
the
occurrence
of
mass
mortalities.
2.
(
L,
S)
a.
Are
distinctive
habitats
of
limited
distribution
(
such
as
kelp
beds
or
coral
reefs)
located
in
areas
potentially
affected
by
the
modified
discharge?
[
40
CFR
125.62(
c)]
b.
If
yes,
provide
information
on
type,
extent
and
location
of
habitats.
3.
(
L,
S)
a.
Are
commercial
or
recreational
fisheries
located
in
areas
potentially
affected
by
the
discharge?
[
40
CFR
125.62
(
c)
and
(
d)]
b.
If
yes,
provide
information
on
types,
location
and
value
of
fisheries.

D.
State
and
Federal
Laws
[
40
CFR
125.61
and
125.62(
a)(
1)]

1.
(
L,
S)
Are
there
water
quality
standards
applicable
to
the
following
pollutants
for
which
a
modification
is
requested:
 
Biochemical
oxygen
demand
or
dissolved
oxygen?
 
Suspended
solids,
turbidity,
light
transmission
light
scattering,
or
maintenance
of
the
euphotic
zone?
 
pH
of
the
receiving
water?
2.
(
L,
S)
If
yes,
what
is
the
water
use
classification
for
your
discharge
area?
What
are
the
applicable
standards
for
your
discharge
area
for
each
of
the
parameters
for
which
a
modification
is
requested?
Provide
a
copy
of
all
applicable
water
quality
standards
or
a
citation
to
where
they
can
be
found.
3.
(
L,
S)
Will
the
modified
discharge:
[
40
CFR
125.59(
b)(
3)].
 
Be
consistent
with
applicable
State
coastal
zone
management
program(
s)
approved
under
the
Coastal
Zone
Management
Act
as
amended,
16
U.
S.
C.
1451
et
seq.?
[
See
16
U.
S.
C.
1456(
c)(
3)(
A)]
 
Be
located
in
a
marine
sanctuary
designated
under
Title
III
of
the
Marine
Protection
Research,
and
Sanctuaries
Act
(
MPRSA)
as
amended,
16
U.
S.
C.
1431
et
seq.,
or
in
an
estuarine
sanctuary
designated
under
the
Coastal
Zone
Management
Act
as
amended,
16
U.
S.
C.
1461?
If
located
in
a
marine
sanctuary
designated
under
Title
III
of
the
MPRSA,
attach
a
copy
of
any
certification
or
permit
required
under
regulations
governing
such
marine
sanctuary.
[
See
16
U.
S.
C.
1432(
f)(
2)]
 
Be
consistent
with
the
Endangered
Species
Act
as
amended,
16
U.
S.
C.
1531
et
seq.?
Provide
the
names
of
any
threatened
or
endangered
species
that
inhabit
or
obtain
nutrients
from
waters
that
may
be
affected
by
the
modified
discharge.
Identify
any
critical
habitat
that
may
be
affected
by
the
modified
discharge
and
evaluate
whether
the
modified
discharge
will
affect
threatened
or
endangered
species
or
modify
a
critical
habitat.
[
See
16
U.
S.
C.
1536(
a)(
2)].
4.
(
L,
S)
Are
you
aware
of
any
State
or
Federal
laws
or
regulations
(
other
than
the
Clean
Water
Act
or
the
three
statutes
identified
in
item
3
above)
or
an
Executive
Order
which
is
applicable
to
your
discharge?
If
yes,
provide
sufficient
information
to
demonstrate
that
your
modified
discharge
will
comply
with
such
law(
s),
regulation(
s),
or
order(
s).
[
40
CFR
125.59
(
b)(
3)].

III.
TECHNICAL
EVALUATION
A.
Physical
Characteristics
of
Discharge
[
40
CFR
125.62(
a)]

1.
(
L,
S)
What
is
the
critical
initial
dilution
for
your
current
and
modified
discharge(
s)
during
(
1)
the
period(
s)
of
maximum
stratification
and
(
2)
any
other
critical
period(
s)
of
discharge
volume/
composition,
water
quality,
biological
seasons,
or
oceanographic
conditions?
2.
(
L,
S)
What
are
the
dimensions
of
the
zone
of
initial
dilution
for
your
modified
discharge
s)?
3.
(
L)
What
are
the
effects
of
ambient
currents
and
stratification
on
dispersion
and
transport
of
the
discharge
plume/
wastefield?
4.
(
S)
Will
there
be
significant
sedimentation
of
suspended
solids
in
the
vicinity
of
the
modified
discharge?
5.
(
L)
Sedimentation
of
suspended
solids
a.
What
fraction
of
the
modified
discharge's
suspended
solids
will
accumulate
within
the
vicinity
of
the
modified
discharge
b.
What
are
the
calculated
area(
s)
and
rate(
s)
of
sediment
accumulation
within
the
vicinity
of
the
modified
discharge(
s)
(
g/
m2/
yr)?
c.
What
is
the
fate
of
settleable
solids
transported
beyond
the
calculated
sediment
accumulation
area?

B.
Compliance
with
Applicable
Water
Quality
Standards
and
CWA
§
304(
a)(
1)
water
quality
criteria
[
40
CFR
125.61(
b)
and
125.62(
a)]

1.
(
L,
S)
What
is
the
concentration
of
dissolved
oxygen
immediately
following
initial
dilution
for
the
period(
s)
of
maximum
stratification
and
any
other
critical
period(
s)
of
discharge
volume/
composition,
water
quality
biological
seasons,
or
oceanographic
conditions?
2.
(
L,
S)
What
is
the
farfield
dissolved
oxygen
depression
and
resulting
concentration
due
to
BOD
exertion
of
the
wastefield
during
the
period(
s)
of
maximum
stratification
and
any
other
critical
period(
s)?
3.
(
L)
What
are
the
dissolved
oxygen
depressions
and
resulting
concentrations
near
the
bottom
due
to
steady
sediment
demand
and
resuspension
of
sediments?
4.
(
L,
S)
What
is
the
increase
in
receiving
water
suspended
solids
concentration
immediately
following
initial
dilution
of
the
modified
discharge(
s)?
5.
(
L)
What
is
the
change
in
receiving
water
pH
immediately
following
initial
dilution
of
the
modified
discharge(
s)?

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40
CFR
Ch.
I
(
7
 
1
 
01
Edition)
Pt.
125,
Subpt.
G,
App.

6.
(
L,
S)
Does
(
will)
the
modified
discharge
comply
with
applicable
water
quality
standards
for:

 
Dissolved
oxygen?
 
Suspended
solids
or
surrogate
standards?
 
pH?

7.
(
L,
S)
Provide
data
to
demonstrate
that
all
applicable
State
water
quality
standards,
and
all
applicable
water
quality
criteria
established
under
Section
304(
a)(
1)
of
the
Clean
Water
Act
for
which
there
are
no
directly
corresponding
numerical
applicable
water
quality
standards
approved
by
EPA,
are
met
at
and
beyond
the
boundary
of
the
ZID
under
critical
environmental
and
treatment
plant
conditions
in
the
waters
surrounding
or
adjacent
to
the
point
at
which
your
effluent
is
discharged.
[
40
CFR
125.62(
a)(
1)]
8.
(
L,
S)
Provide
the
determination
required
by
40
CFR
125.61(
b)(
2)
for
compliance
with
all
applicable
provisions
of
State
law,
including
water
quality
standards
or,
if
the
determination
has
not
yet
been
received,
a
copy
of
a
letter
to
the
appropriate
agency(
s)
requesting
the
required
determination.

C.
Impact
on
Public
Water
Supplies
[
40
CFR
125.62(
b)]

1.
(
L,
S)
Is
there
a
planned
or
existing
public
water
supply
(
desalinization
facility)
intake
in
the
vicinity
of
the
current
or
modified
discharge?
2.
(
L,
S)
If
yes:
a.
What
is
the
location
of
the
intake(
s)
(
latitude
and
longitude)?
b.
Will
the
modified
discharge(
s)
prevent
the
use
of
intake(
s)
for
public
water
supply?
c.
Will
the
modified
discharge(
s)
cause
increased
treatment
requirements
for
public
water
supply(
s)
to
meet
local,
State,
and
EPA
drinking
water
standards?

D.
Biological
Impact
of
Discharge
[
40
CFR
125.62(
c)]

1.
(
L,
S)
Does
(
will)
a
balanced
indigenous
population
of
shellfish,
fish,
and
wildlife
exist:

 
Immediately
beyond
the
ZID
of
the
current
and
modified
discharge(
s)?
 
In
all
other
areas
beyond
the
ZID
where
marine
life
is
actually
or
potentially
affected
by
the
current
and
modified
discharge
s)?

2.
(
L,
S)
Have
distinctive
habitats
of
limited
distribution
been
impacted
adversely
by
the
current
discharge
and
will
such
habitats
be
impacted
adversely
by
the
modified
discharge
3.
(
L,
S)
Have
commercial
or
recreational
fisheries
been
impacted
adversely
by
the
current
discharge
(
e.
g.,
warnings,
restrictions,
closures,
or
mass
mortalities)
or
will
they
be
impacted
adversely
by
the
modified
discharge
4.
(
L,
S*)
Does
the
current
or
modified
discharge
cause
the
following
within
or
beyond
the
ZID:
[
40
CFR
125.62(
c)(
3)]
 
Mass
mortality
of
fishes
or
invertebrates
due
to
oxygen
depletion,
high
concentrations
of
toxics,
or
other
conditions?
 
An
increased
incidence
of
disease
in
marine
organisms?
 
An
abnormal
body
burden
of
any
toxic
material
in
marine
organisms?
 
Any
other
extreme,
adverse
biological
impacts
5.
(
L,
S)
For
discharges
into
saline
estuarine
waters:
[
40
CFR
125.62
(
c)(
4)]
 
Does
or
will
the
current
or
modified
discharge
cause
substantial
differences
in
the
benthic
population
within
the
ZID
and
beyond
the
ZID?
 
Does
or
will
the
current
or
modified
discharge
interfere
with
migratory
pathways
within
the
ZID?
 
Does
or
will
the
current
or
modified
discharge
result
in
bioaccumulation
of
toxic
pollutants
or
pesticides
at
levels
which
exert
adverse
effects
on
the
biota
within
the
ZID?
No
section
(
h)
modified
permit
shall
be
issued
where
the
discharge
enters
into
stressed
saline
estuarine
waters
as
stated
in
40
CFR
125.59(
b)(
4).
6.
(
L,
S)
For
improved
discharges,
will
the
proposed
improved
discharge(
s)
comply
with
the
requirements
of
40
CFR
125.62(
a)
through
125.62(
d)?
[
40
CFR
125.62(
e)]
7.
(
L,
S)
For
altered
discharge(
s),
will
the
altered
discharge(
s)
comply
with
the
requirements
of
40
CFR
125.62(
a)
through
125.62(
d)?
[
40
CFR
125.62(
e)]
8.
(
L,
S)
If
your
current
discharge
is
to
stressed
ocean
waters,
does
or
will
your
current
or
modified
discharge:
[
40
CFR
125.62(
f)]

 
Contribute
to,
increase,
or
perpetuate
such
stressed
condition?
 
Contribute
to
further
degradation
of
the
biota
or
water
quality
if
the
level
of
human
perturbation
from
other
sources
increases
 
Retard
the
recovery
of
the
biota
or
water
quality
if
human
perturbation
from
other
sources
decreases?

E.
Impacts
of
Discharge
on
Recreational
Activities
[
40
CFR
125.62(
d)]

1.
(
L,
S)
Describe
the
existing
or
potential
recreational
activities
likely
to
be
affected
by
the
modified
discharge(
s)
beyond
the
zone
of
initial
dilution.
2.
(
L,
S)
What
are
the
existing
and
potential
impacts
of
the
modified
discharge(
s)
on
recreational
activities?
Your
answer
should
include
but
not
be
limited
to,
a
discussion
of
fecal
coliform
bacteria.
3.
(
L,
S)
Are
there
any
Federal,
State,
or
local
restrictions
on
recreational
activities
in
the
vicinity
of
the
modified
discharge(
s)?

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Environmental
Protection
Agency
§
125.70
If
yes,
describe
the
restrictions
and
provide
citations
to
available
references.
4.
(
L,
S)
If
recreational
restrictions
exist,
would
such
restrictions
be
lifted
or
modified
if
you
were
discharging
a
secondary
treatment
effluent?

F.
Establishment
of
a
Monitoring
Program
[
40
CFR
125.63]

1.
(
L,
S)
Describe
the
biological,
water
quality
and
effluent
monitoring
programs
which
you
propose
to
meet
the
criteria
of
40
CFR
125.63.
Only
those
scientific
investigations
that
are
necessary
to
study
the
effects
of
the
proposed
discharge
should
be
included
in
the
scope
of
the
301(
h)
monitoring
program
[
40
CFR
125.63(
a)(
1)(
i)(
B)].
2.
(
L,
S)
Describe
the
sampling
techniques,
schedules,
and
locations,
analytical
techniques
quality
control
and
verification
procedures
to
be
used.
3.
(
L,
S)
Describe
the
personnel
and
financial
resources
available
to
implement
the
monitoring
programs
upon
issuance
of
a
modified
permit
and
to
carry
it
out
for
the
life
of
the
modified
permit.

G.
Effect
of
Discharge
on
Other
Point
and
Nonpoint
Sources
[
40
CFR
125.64]

1.
(
L,
S)
Does
(
will)
your
modified
discharge
s)
cause
additional
treatment
or
control
requirements
for
any
other
point
or
nonpoint
pollution
source(
s)?
2.
(
L,
S)
Provide
the
determination
required
by
40
CFR
125.64(
b)
or,
if
the
determination
has
not
yet
been
received,
a
copy
of
a
letter
to
the
appropriate
agency(
s)
requesting
the
required
determination.

H.
Toxics
Control
Program
and
Urban
Area
Pretreatment
Program
[
40
CFR
125.65
and
125.66]

1.
a.
(
L,
S)
Do
you
have
any
known
or
suspected
industrial
sources
of
toxic
pollutants
or
pesticides?
b.
(
L,
S)
If
no,
provide
the
certification
required
by
40
CFR
125.66(
a)(
2)
for
small
dischargers
and
required
by
40
CFR
125.66(
c)(
2)
for
large
dischargers.
c.
(
L,
S*)
Provide
the
results
of
wet
and
dry
weather
effluent
analyses
for
toxic
pollutants
and
pesticides
as
required
by
40
CFR
125.66(
a)(
1).
(*
to
the
extent
practicable)
d.
(
L,
S*)
Provide
an
analysis
of
known
or
suspected
industrial
sources
of
toxic
pollutants
and
pesticides
identified
in
(
1)(
c)
above
as
required
by
40
CFR
125.66(
b).
(*
to
the
extent
practicable)
2.
(
S)
a.
Are
there
any
known
or
suspected
water
quality,
sediment
accumulation,
or
biological
problems
related
to
toxic
pollutants
or
pesticides
from
your
modified
discharge
s)?
(
S)
b.
If
no,
provide
the
certification
required
by
40
CFR
125.66(
d)(
2)
together
with
available
supporting
data.
(
S)
c.
If
yes,
provide
a
schedule
for
development
and
implementation
of
nonindustrial
toxics
control
programs
to
meet
the
requirements
of
40
CFR
126.66(
d)(
3).
(
L)
d.
Provide
a
schedule
for
development
and
implementation
of
a
nonindustrial
toxics
control
program
to
meet
the
requirements
of
40
CFR
125.66(
d)(
3).
3.
(
L,
S)
Describe
the
public
education
program
you
propose
to
minimize
the
entrance
of
nonindustrial
toxic
pollutants
and
pesticides
into
your
treatment
system.
[
40
CFR
125.66(
d)(
1)]
4.
(
L,
S)
Do
you
have
an
approved
industrial
pretreatment
program?
a.
If
yes,
provide
the
date
of
EPA
approval.
b.
If
no,
and
if
required
by
40
CFR
part
403
to
have
an
industrial
pretreatment
program,
provide
a
proposed
schedule
for
development
and
implementation
of
your
industrial
pretreatment
program
to
meet
the
requirements
of
40
CFR
part
403.
5.
Urban
area
pretreatment
requirement
[
40
CFR
125.65]
Dischargers
serving
a
population
of
50,000
or
more
must
respond.
a.
Provide
data
on
all
toxic
pollutants
introduced
into
the
treatment
works
from
industrial
sources
(
categorical
and
noncategorical
b.
Note
whether
applicable
pretreatment
requirements
are
in
effect
for
each
toxic
pollutant
Are
the
industrial
sources
introducing
such
toxic
pollutants
in
compliance
with
all
of
their
pretreatment
requirements?
Are
these
pretreatment
requirements
being
enforced?
[
40
CFR
125.65(
b)(
2)]
c.
If
applicable
pretreatment
requirements
do
not
exist
for
each
toxic
pollutant
in
the
POTW
effluent
introduced
by
industrial
sources,

 
provide
a
description
and
a
schedule
for
your
development
and
implementation
of
applicable
pretreatment
requirements
[
40
CFR
125.65(
c)],
or
 
describe
how
you
propose
to
demonstrate
secondary
removal
equivalency
for
each
of
those
toxic
pollutants,
including
a
schedule
for
compliance,
by
using
a
secondary
treatment
pilot
plant.
[
40
CFR
125.65(
d)]

Subpart
H
 
Criteria
for
Determining
Alternative
Effluent
Limitations
Under
Section
316(
a)
of
the
Act
§
125.70
Purpose
and
scope.

Section
316(
a)
of
the
Act
provides
that:

``
With
respect
to
any
point
source
otherwise
subject
to
the
provisions
of
section
301
or
section
306
of
this
Act,
whenever
the
owner
or
operator
of
any
such
source,
after
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