[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: 40CFR125.68]

[Page 305-311]
 
                   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 G--Criteria for Modifying the Secondary Treatment Requirements 
               Under Section 301(h) of the Clean Water Act
 
Sec. 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 Sec. 125.66(c);
    (2) Nonindustrial toxics control program required by Sec. 125.66(d); 
and
    (3) Control of combined sewer overflows required by Sec. 125.67.
    (c) Monitoring program requirements that include:
    (1) Biomonitoring requirements of Sec. 125.63(b);
    (2) Water quality requirements of Sec. 125.63(c);
    (3) Effluent monitoring requirements of Secs. 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 Subpart G of Part 125--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,

[[Page 306]]

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 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 ------ mg/L
--Suspended solids ------ mg/L
--pH ------ (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

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--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.
    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 ( [deg]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)


[[Page 308]]


    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 ( [deg]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 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)?

[[Page 309]]

    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 
 Sec. 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)?
    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?

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--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)? 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

[[Page 311]]

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)]