Regional Administrator and the ministrator, has determined meet the person(s) charged with the violation. criteris of the Federa. Ach. In rendering his decision, the Administrator may adopt, modify, or set aside $ 120-2 State adoption. the decision of the Regional Adminis

(a) Water quality standards consisitrator in any respect and shall include

ing of water quality criteris and a plan in his decision a concise statement of

for the enforcement and implementsthe basis thereof. The decision of the

tion of such criterie, if sdopied by a Administrator on appeal shall be ef

State after notice and public hearing. fective when rendered. (d) The Administrator may be assist

and if determined by the Administra

tor to be such standards as will protect ed in his functions under this Section by such staff as he deems appropriate

the public health or welfare, enhance

the quality of water and serve the pur(but not a person who has any prior

poses of the Federal Act, shall thereconnection with the case including

after be the water quality standards without limitation the performance of

applicable to the interstate waters or any investigative or prosecuting func

portions thereof for which adopted. tions), and he may delegate his au

(b) Determination by the Administhority to act under this section to a judicial officer within the Environ

trator that State-adopted water qual

ity standards meet the criteria of paramental Protection Agency.

graph (a) of this section shall be pub(43 FR 10495, Mar. 13, 1978; 43 FR 27534, lished in the FEDERAL REGISTER. DocuJune 26, 1978]

ments containing such standards shall

be incorporated by reference into this PART 120-WATER QUALITY

part. STANDARDS

§ 120.3 Availability. Sec.

State-adopted water quality stand120.1 Scope and purpose.

ards which the Administrator has de120.2 State adoption.

termined meet the criteria of $120.2 120.3 Availability.

shall be available for inspection at the 120.12 Federally promulgated water qual

Regional Offices of the Environmental ity standards for Arizona. 120.27 Federally promulgated water qual.

Protection Agency and at its Washingity standards for the Commonwealth of

ton, D.C., address at Waterside Mall, Kentucky.

Washington, D.C. 20460, where the of 120.37 Nebraska.

ficial historic file of water quallly

standards shall be maintained. AUTHORITY: Sec. 1, 70 Stat. 506, as amended 33 U.S.C. 1160(c), unless otherwise noted.

$ 120.12 Federally promulgated SOURCE: 36 FR 22489, Nov. 25, 1971, unless otherwise noted.

quality standards for Arizona,

(a) Article 6, Part 2 is amepote $ 120.1 Scope and purpose.

follows: This part applies to procedures for

(1) Reg. 6-2-6.11 shall rent the adoption of water quality stand- Reg. 6-2-6.11 Nutrient slyndurile Allip ards pursuant to section 10(c) of the

mean annual total printimi *** Federal Water Pollution Control Act,

annual total nitrate Membelli. as amended, 33 U.S.C. 1160(c), herein

following waters shall wear

given below nor shall the timing lile after the Federal Act, and identifies

total nitrate contin !! and describes those State-adopted

percent of the mine piw# #+1) water quality standards which the Ad- the 90 percent values when it ministrator of the Environmental Pro- otherwise nijlia, bo tection Agency, hereinafter the Ad- apply v ubytmiin 14 pul

3. Colorado River from Parker Dam to Imperial Dam (main

stem)............. 4. Colorado River from Imperial Dam to Morelos Dam (main

stem)....... 5. Gila River from New Mexico border to San Carlos Reservoir (excluding San Carlos Reservoir)....

0.10

0.10

5

7

(2) Reg. 6-2-6.10 Subparts A and B
are amended to include Reg. 6-2-6.11
in series with Regs. 6-2-6.6, 6-2-6.7
and 6-2-6.8.
(Sec. 303, Federal Water Pollution Control
Act, as ame ded, 33 U.S.C. 313, 86 Stat. 816
et seq., Pub. L. 92-500)
(41 FR 25000, June 22, 1976; 41 FR 48737,
Nov. 5, 1976. Redesignated and amended at
42 FR 56740, Oct. 28, 1977)

§ 120.27 Federally promulgated water

quality standards for the Common

wealth of Kentucky.
(a) The following shall be added to
WP-4-1:

SECTION 6. The EPA Administrator or his
designee may grant an exception to classifi-
cations and/or criteria upon adequate dem.
onstration that maintenance of water qual-
ity necessary for the preservation and prop-
agation of desirable or indigenous species of
aquatic biota and secondary contact recrea-
tion is not attainable. This determination
must be made on a case-by-case basis with
respect to a specific stream segment follow-
ing an analysis of each area. The analysis
must show that the necessary water quality
cannot be achieved due to technological
limitations and/or naturally occurring poor
water quality.

All exceptions will be temporary and subject to review at least every three years beginning in October 1975.

(b) Section 1(2) Regulation WP-6-2 shall be revised as follows:

0.20

0.30

10. Santa

Cruz River from international boundary near Nogales to Sahuarita

(a) The term “Act" means the Fed- troduced in connection with a program eral Water Pollution Control Act, as of wildlife management and species amended, 3 U.S.C. 1251, et seq.

whose presence or abundance results (b) The term "Administrator" means from substantial, irreversible environ. the Administrator of the U.S. Environ- mental modifications. Normally, how. mental Protection Agency.

ever, such a community will not in. (c) The term “alternative effluent clude species whose presence or abun. limitations" means all effluent limita- dance is attributable to the introductions or standards of performance for tion of pollutants that will be elimi. the control of the thermal component nated by compliance by all sources of any discharge which are established with section 301(b)(2) of the Act, in. pursuant to section 316(a) and these cluding alternative effluent limitations regulations and imposed pursuant to imposed pursuant to section 316(a). sections 301 or 306 of the Act, includ- (j) The term "water quality standing section 301(b)(1)(C) in lieu of ef- ards” means applicable water quality fluent limitations or standards of per- standards which have been (1) apformance otherwise applicable under proved or permitted to remain by the such sections.

Administrator pursuant to sections (d) The term “Director” means the 303(a) or 303(c) of the Act, or (2) prochief administrative officer of a State mulgated or proposed for promulgawater pollution control agency or in- tion by the Administrator pursuant to terstate agency. In the event responsi- sections 303(b) or 303(c) of the Act, as bility for water pollution control and

of the date any notice is issued pursuenforcement is divided among two or

ant to 88 122.6(a) or 122.12(a). more State or interstate agencies, the (k) The term "section 316(a)" shall term “Director” means the adminis- mean section 316(a) of the Act. trative officer authorized to perform (1) The definitions of the following the particular procedure to which ref- terms contained in section 502 of the erence is made.

Act shall be applicable to such terms (e) The term "Environmental Pro- as used in this part: “State water pol. tection Agency” means the U.S. Envi. lution control agency," "interstate ronmental Protection Agency.

agency,” “State,” “person," "pollut(f) The term "Regional Administra- ant,” “navigable waters," "territorial tor" means one of the Regional Ad- seas," "contiguous zone," "octan," "efministrators of the Environmental fluent limitations," "discharge of a Protection Agency.

pollutant, “point source,” "dis(g) The term "Certifying Agency” charge,” and “pollution." means a State or interstate agency empowered to issue certifications under

§ 122.2 Scope and purpose. section 401 of the Act.

(a) The regulations in this part pre(n) 'The term “representative, impor- scribe the procedures to be followed in tant species” means species which are connection with the establishment of representative, in terms of their bio- alternative effluent limitations pursulogical needs, of a balanced, indig- ant to section 316(a), and the imposienous community of shellfish, fish and tion thereof pursuant to section 301 or wildlife in the body of water into section 306, upon the thermal compowhich a discharge of heat is made. nent of discharges from point sources

(i) The term “balanced, indigenous in lieu of requirements otherwise apcommunity” is synonymous with the plicable under section 301 or 306 of term “balanced, indigenous popula- the Act. tion" in the Act and means a biotic (b) The regulations in this part precommunity typically characterized by scribe the procedures for the estabdiversity, the capacity to sustain itself lishment and imposition of such alterthrough cyclic seasonal changes, pres- native effluent limitations in conjuncence of necessary food chain species tion with applications both for permits and non-domination of pollution toler- which are issued by the Administrator ant species. Such a community may in- pursuant to section 402(a) of the Act clude historically nonnative species in- and Part 125 of this chapter and for

Chapter 1-Environmental Protection Agency

e been

remain ent to see - Act, or (

for prom ator pursus c) of the At

is issued us 2.12(a). on 316(a)"$ the Act. f the follot

tion 502 of: - to such te State water)

," "inter rson," "pok S," "territer

" "octan"

ischarge of

ource,"