[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR125.122]

[Page 326]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 125--CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM--Table of Contents
 
                   Subpart M--Ocean Discharge Criteria
 
Sec. 125.122  Determination of unreasonable degradation of the marine environment.

    (a) The director shall determine whether a discharge will cause 
unreasonable degradation of the marine environment based on 
consideration of:
    (1) The quantities, composition and potential for bioaccumulation or 
persistence of the pollutants to be discharged;
    (2) The potential transport of such pollutants by biological, 
physical or chemical processes;
    (3) The composition and vulnerability of the biological communities 
which may be exposed to such pollutants, including the presence of 
unique species or communities of species, the presence of species 
identified as endangered or threatened pursuant to the Endangered 
Species Act, or the presence of those species critical to the structure 
or function of the ecosystem, such as those important for the food 
chain;
    (4) The importance of the receiving water area to the surrounding 
biological community, including the presence of spawning sites, nursery/
forage areas, migratory pathways, or areas necessary for other functions 
or critical stages in the life cycle of an organism.
    (5) The existence of special aquatic sites including, but not 
limited to marine sanctuaries and refuges, parks, national and historic 
monuments, national seashores, wilderness areas and coral reefs;
    (6) The potential impacts on human health through direct and 
indirect pathways;
    (7) Existing or potential recreational and commercial fishing, 
including finfishing and shellfishing;
    (8) Any applicable requirements of an approved Coastal Zone 
Management plan;
    (9) Such other factors relating to the effects of the discharge as 
may be appropriate;
    (10) Marine water quality criteria developed pursuant to section 
304(a)(1).
    (b) Discharges in compliance with section 301(g), 301(h), or 316(a) 
variance requirements or State water quality standards shall be presumed 
not to cause unreasonable degradation of the marine environment, for any 
specific pollutants or conditions specified in the variance or the 
standard.