(c) The term "EPA” means the U.S. Environmental Protection Agency. (d) The term "Administrator" means the Administrator of the U.S. Environmental Protection Agency. Subpart J-Resources, Planning and Other Requirements Sec. 124.91 Availability of resources. 124.92 Inspection and surveillance support for NPDES permits. 124.93 Continuing planning process. 124.94 Agency board membership. Subpart K-NPDES Application and Reporting Forms [Reserved] Subpart L-Criteria for Extending Compliance Under Section 301(1) of the Act 124.100 Purpose and scope. Definitions. 124.001 124.102 Requests for permit modification and issuance under section 301(i)(1) of the Act. 124.103 Criteria for permit modification and issuance under section 301(i)(1) of the Act. 124.104 Permit terms and conditions under section 301(1)(1) of the Act. 124.105 Requests for permit modification and issuance under section 301(i)(2) of the Act. 124.106 Criteria for permit modification and issuance under section 301(i)(2) of the Act. 124.107 Permit terms and conditions under section 301(i)(2) of the act. 124.108 Effect of noncompliance with this subpart. APPENDIX A-Sample Public Notice. AUTHORITY: Sec. 304, 84 Stat. 816, 33 U.S.C. 1251 (1972), unless otherwise noted. SOURCE: 37 FR 28391, Dec. 22, 1972, unless otherwise noted. Subpart A-General § 124.1 Definitions. As used in this part, the following terms shall have the meanings indicated below: (a) The term "Act" means the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq. (b) The term "Refuse Act" means section 13 of the River and Harbor Act of March 3, 1899. (e) The term "Regional Administrator" means one of the EPA Regional Administrators. (f) The term "Director" means the chief administrative officer of a State water pollution control agency or interstate agency. In the event responsibility for water pollution control and enforcement is divided among two or more State or interstate agencies, the term "Director" means the administrative officer authorized to perform the particular procedure to which reference is made. (g) The term "National Pollutant Discharge Elimination System (NPDES)" means the national system for the issuance of permits under section 402 of the Act and includes any State or interstate program which has been approved by the Administrator, in whole or in part, pursuant to section 402 of the Act. (h) The term "NPDES application short form" or "short form" means one or more, as appropriate, of the following: A-Municipal (1) Short Form Wastewater Dischargers. (2) Short Form B-Agriculture. (3) Short Form C-Manufacturing Establishments and Mining. (4) Short Form D-Services, Wholesale and Retail Trade, and All Other Commercial Establishments Including Vessels, Not Engaged in Manufacturing or Agriculture. (i) The term "NPDES application standard form" or "standard form" means one or more, as appropriate, of the following: (1) Standard Form A-Municipal. (2) Standard Form C-Manufacturing and Commercial. (j) The term "NPDES application" means the uniform national forms (including the NPDES application short forms, NPDES application standard forms, and any subsequent additions, revisions or modifications duly promulgated by the Administrator pursuant to the Act) for application for an NPDES permit. (k) The term “NPDES reporting ject under the Act and which have form" means the uniform national been (1) approved or permitted to forms (including subsequent additions, remain in effect by the Administrator revisions, or modifications duly pro- pursuant to section 303(a) or 303(c) of mulgated by the Administrator pursu- the Act, or (2) promulgated by the Adant to the Act) for reporting data and ministrator pursuant to section 303(b) information pursuant to monitoring or 303(c) of the Act. and other conditions of NPDES per- (s) The term "applicable effluent mits. standards and limitations" means all (1) The term "NPDES permit” State and Federal effluent standards means any permit or equivalent docu- and limitations to which a discharge is ment or requirements issued by the subject under the Act, including, but Administrator, or, where appropriate, not limited to, effluent limitations, by the Director, after enactment of standards of performance, toxic effluthe Federal Water Pollution Control ent standards and prohibitions, and Amendments of 1972, to regulate the pretreatment standards. discharge of pollutants pursuant to (Comment. The House committee print section 402 of the Act. states: "The committee points out, as it did (m) The term “NPDES form" means in the discussion of section 401, that the any issued NPDES permit and any term 'applicable' used in section 402 has two uniform national form developed for meanings. It means that the requirement use in the NPDES and prescribed in which the term 'applicable' refers to must regulations promulgated by the Ad- be pertinent and apply to the activity and ministrator, including the Refuse Act the requirement must be in existence by application, the NPDES application having been promulgated or implemented.”) and the NPDES reporting forms. (t) The term “minor discharge" (n) The term “Refuse Act applica- means any discharge which (1) has a tion" means the application for a total volume of less than 50,000 galpermit under the Refuse Act. lons on every day of the year, (2) does (0) The term “Refuse Act permit” not affect the waters of any other means any permit issued under the State, and (3) is not identified by the Refuse Act. Director, the Regional Administrator, (p) The definitions of the following or by the Administrator in regulations terms contained in section 502 of the issued pursuant to section 307(a) of Act shall be applicable to such terms the Act as a discharge which is not a as used in this part unless the context minor discharge. If there is more than otherwise requires: “State water pollu one discharge from a facility and the tion control agency (referred to herein sum of the volumes of all discharges 'State agency')," "interstate from the facility exceeds 50,000 galagency,” “State,” "municipality," lons on any day of the year, then no “person,” “pollutant,” “navigable discharge from the facility is a “minor waters," "territorial seas," "contiguous discharge” as defined herein. zone,” “ocean,” “effluent limitations,” (u) The term “aquatic animal pro“discharge of a pollutant,” “toxic pol- duction facility” means a hatchery, lutant," "point source,' “biological fish farm, or other facility which conmonitoring,” “discharge," "schedule of tains, grows or holds. compliance," "industrial user," and (1) Fish or other aquatic animals in "pollution.” ponds, raceways or other similar struc(q) The term "national data bank” tures for purposes of production and means a facility or system established from which there is a discharge on or to be established by the Adminis- any 30 days or more per year, but does trator for the purposes of assembling, not include: organizing, and analyzing data per- (i) Closed ponds which discharge taining to water quality and the dis- only during periods of excess runoff, charge of pollutants. (r) The term “applicable water qual- (ii) Facilities which produce less ity standards" means all water quality than 20,000 pounds of aquatic animals standards to which a discharge is sub- per year; as or as (2) any species of fish or other § 124.4 Authority for State program proceaquatic animal (other than carp (Cy- dures. prinum carpio), goldfish (Carassius auratus), or brown (a) All procedures which the State trout (Salmo proposes to establish and administer trutta)] non-native to the United to conform with the requirements of States (non-native fish are as defined this part shall be set forth in State in “Special Publication No. 6" of the statutes or lawfully promulgated State American Fisheries Society entitled, regulations. Such State statutes and “A List of Common and Scientific regulations shall be in full force and Names of Fishes from the U.S. and effect at the time the Governor subCanada") and from which there is a mits the State program to the Regiondischarge at any time. “Special Publi. al Administrator. cation No. 6" may be ordered through (b) Notwithstanding paragraph (a) the American Fisheries Society, 1319 of this section, if the State or inter18th Street, NW., Washington, D.C. state agency has the statutory author20036. ity to establish and administer the procedures which conform to the re(37 FR 28391, Dec. 22, 1972, as amended at 38 FR 18002, July 5, 1973; 38 FR 19895, July quirements of this part, regulations 24, 1973; 41 FR 28496, July 12, 1976) setting forth the requirements of this part may be promulgated by the State § 124.2 Scope and purpose. subsequent to the time the Governor submits the State program to the Re(a) This part establishes guidelines gional Administrator, if the Adminisspecifying procedural and other ele trator finds the following: ments which must be present in a (1) The State has submitted a full State or interstate program in order to and complete description of proceobtain approval of the Administrator dures to administer its program in conpursuant to section 402 of the Federal formance with the requirements of Water Pollution Control Act, this part; and amended, 86 Stat. 816, 33 U.S.C. 1251. (2) The State has made a written (b) A submitted State or interstate commitment to the Administrator to program which conforms to the guide- promulgate regulations which meet lines of this part and which meets the the requirements of paragraph (a) of requirements of section 402 of the Act this section by January 1, 1974. shall be approved by the Administrator. Upon approval, the Administrator Subpart B-Prohibition of Discharges shall suspend his issuance of NPDES of Pollutants permits as to those point sources subject to such approved program. § 124.10 Prohibition of discharges into (c) Any State program which obtains State waters. the approval of the Administrator pur- Except as provided in § 124.11, any suant to section 402 of the Act shall at State or interstate program participatall times be in accordance with section ing in the NPDES must have a statute 402 and the guidelines contained in or regulation, enforceable in State this part. courts, which prohibits discharges of pollutants by any person except as au$ 124.3 Form of authority cited by Attor- thorized pursuant to NPDES ney General. permit. All authorities cited by the State at (Comment. It is recognized that some torney general as authority adequate State or interstate programs presently to meet the requirements of section exempt or exclude certain categories, types, 402(b) of the Act (a) shall be in the or sizes of point sources from the general form of lawfully promulgated State prohibition of the unauthorized discharge of pollutants or from the requirement of obstatutes and regulations and (b) shall taining a permit. Other States have in effect be in full force and effect at the time "grandfather” clauses which either exempt the Attorney General signs the Attor. discharges already in existence or provide ney General's statement. for automatic issuance of a permit to exist an ing discharges. Except as provided in $ 124.11, exceptions to the general prohibi. tion cannot be approved. Depending on their scope and nature, any such exceptions will either (1) constitute grounds for with. holding approval of the entire submitted program until such time as the State or interstate agency revises or modifies its program to conform to this subpart, or (2) constitute categories, types, or sizes of point sources for which the Administrator will not suspend the issuance of NPDES permits. In the latter case, the Administrator will issue NPDES permits for those point sources not subject to the State or interstate agency's authority.) (38 FR 18003, July 5, 1973) do not relieve dischargers of the obligation to apply for and receive permits until the discharges of pollutants to navigable waters are actually eliminated. It also should be noted that in all appropriate cases, pretreatment standards promulgated by the Administrator pursuant to section 307(b) of the Act must be complied with.); (f) Any discharge of any pollutant when such discharge conforms with the national contingency plan for removal of oil and hazardous substances, published pursuant to subsection 311(c)(2) of the Act. (g) Water pollution from agricultural and silvicultural activites, runoff from orchards, cultivated crops, pastures, rangelands, and forest lands, except that this exclusion shall not apply to the following: (1) Discharges from concentrated animal feeding operations as defined in § 124.82; (2) Discharges from aquatic animal production facilities; (3) Discharges from from agricultural point sources as defined in g 124.84; and (4) Discharges from silvicultural point sources as defined in 8 124.85. (38 FR 18003, July 5, 1973, as amended at 41 FR 28496, July 12, 1976) Subpart C-Acquisition of Data § 124.11. Exclusions. State and interstate programs may exclude the following from the requirement of obtaining an NPDES permit: (a) Any discharge of sewage from vessels, effluent from properly functioning marine engines, laundry, shower, and galley sink wastes, or any other discharge incidental to the normal operation of a vessel: Provided, That this exclusion shall not be construed to apply to rubbish, trash, garbage, or other such materials discharged overboard; nor to discharges when the vessel is operating in a capacity other than a vessel such as when a vessel is being used as a storage facility or a cannery; (b) Water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the State in which the well is located and if such State determines that such injection or disposal will not result in the degradation of ground or surface water resources; (c) Approved aquaculture projects; (d) Dredged or fill material discharged into navigable waters; (e) Additions of sewage, industrial wastes or other materials into publicly owned treatment works. (This exclusion applies only to the actual addition of materials into the publicly owned treatment works. Plans or agreements to make such additions in the future an § 124.21 Application for NPDES permit. Procedures of any State or interstate agency participating in the NPDES shall insure that every applicant for NPDES permit complies with NPDES filing requirements. Such procedures and requirements shall include the following: (a) Except as provided in paragraphs (b) and (c)(4) of this section and except as provided by the Administrator in regulations issued under the act, any person discharging or who proposes to discharge pollutants shall complete, sign, and submit an NPDES application short form in accordance with the instructions provided with such form. COMMENT. Federal filing requirements for the NPDES include the timely filing of a properly completed Refuse Act or NPDES or application form. State and interstate agencies may specify, where necessary, additional filing requirements such as the submission of engineering reports, plans, and speci. fications for present or proposed treatment or control of discharges of pollutants. While duplication should be avoided, the Administrator recognizes that the NPDES application form may not by itself satisfy the needs of every participating program. (b) Any person who filed a complete Refuse Act application and whose application has not been denied is not required to apply for a permit under these regulations unless the discharge described in the application for a Refuse Act permit has substantially changed in nature, volume, or frequency. Such complete Refuse Act permit application shall be considered to be an application under the NPDES and shall be treated accordingly. If, however, the discharge described in the Refuse Act permit application has substantially changed in nature, volume, or frequency, the applicant shall complete, sign and submit the appropriate NPDES application form, as provided in paragraph (a) or (c) of this section. (c) (1) If the information submitted by an applicant for an NPDES permit in Short Form A (relating to municipal wastewater treatment facilities) or any other information available to the Director or the Regional Administrator indicates any of the following, the applicant shall be required to complete, sign and submit a Standard Form A: (i) The discharges from the facility have a total volume of more than 5 million gallons on any day of the year; (ii) The facility serves a population in excess of 10,000; or (iii) The facility receives wastes from an industrial user and such wastes (A) Have a total volume of more than 50,000 gallons on any day of the year, (B) Contain toxic pollutants, (C) Have a total volume which constitutes more than 5 percent of the volume of the total discharge from the facility on any day of the year, or (D) Alone or in combination with other discharges into the facility interfere with the operation of the facility or adversely affect the quality of the discharge from the facility. (2) If the information submitted by an applicant for a permit on Short Form C (relating to manufacturing establishments and mining) or on Short Form D (relating to services, wholesale and retail trade, and all other commercial establishments, including vessels, not engaged in manufacturing or agriculture) any other information available to the Director or the Regional Administrator indicates any of the following, the applicant shall be required to complete, sign, and submit a Standard Form C: (i) The discharges (except those to publicly owned treatment works) from the facility have a total volume of 50,000 gallons on any day of the year; (ii) The discharges (except those to publicly owned treatment works) contain toxic pollutants. (3) In addition to paragraph (c) (1) or (2) of this section, an applicant shall complete, sign, and submit the appropriate standard form if the Director or the Regional Administrator determines that such submission is necessary to determine whether or not and upon what conditions a permit should be issued for the discharges identified in the short form. (4) Any applicant may submit a standard form without prior submission of a short form if he complies with all applicable filing dates and requirements. (d) A requirement that any person wishing to commence discharges of pollutants after July 16, 1973, must file a complete NPDES application either (1) no less than 180 days in advance of the date on which it is desired to commence the discharge of pollutants, or (2) in sufficient time prior to the commencement of the discharge of pollutants to insure compliance with the requirements of section 306 of the Act, or with any applicable zoning or siting requirements established pursuant to section 208(b)(2)(C) of the Act, and any other applicable water quality standards and applicable effluent standards and limitations. COMMENT. The purpose of this requirement is to insure that the Director has sufficient time to examine applications from new sources of discharge of pollutants and to apply standards of performance without unnecessarily delaying scheduled startup. The |