[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR129.5]

[Page 344-345]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 129--TOXIC POLLUTANT EFFLUENT STANDARDS--Table of Contents
 
     Subpart A--Toxic Pollutant Effluent Standards and Prohibitions
 
Sec. 129.5  Compliance.

    (a)(1) Within 60 days from the date of promulgation of any toxic 
pollutant effluent standard or prohibition each owner or operator with a 
discharge subject to that standard or prohibition must notify the 
Regional Administrator (or State Director, if appropriate) of such 
discharge. Such notification shall include such information and follow 
such procedures as the Regional Administrator (or State Director, if 
appropriate) may require.
    (2) Any owner or operator who does not have a discharge subject to 
any toxic pollutant effluent standard at the time of such promulgation 
but who thereafter commences or intends to commence any activity which 
would result in such a discharge shall first notify the Regional 
Administrator (or State Director, if appropriate) in the manner herein 
provided at least 60 days prior to any such discharge.
    (b) Upon receipt of any application for issuance or reissuance of a 
permit or for a modification of an existing permit for a discharge 
subject to a toxic pollutant effluent standard or prohibition the 
permitting authority shall proceed thereon in accordance with 40 CFR 
part 124 or 125, whichever is applicable.

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    (c)(1) Every permit which contains limitations based upon a toxic 
pollutant effluent standard or prohibition under this part is subject to 
revision following the completion of any proceeding revising such toxic 
pollutant effluent standard or prohibition regardless of the duration 
specified on the permit.
    (2) For purposes of this section, all toxic pollutants for which 
standards are set under this part are deemed to be injurious to human 
health within the meaning of section 402(k) of the Act unless otherwise 
specified in the standard established for any particular pollutant.
    (d)(1) Upon the compliance date for any section 307(a) toxic 
pollutant effluent standard or prohibition, each owner or operator of a 
discharge subject to such standard or prohibition shall comply with such 
monitoring, sampling, recording, and reporting conditions as the 
Regional Administrator (or State Director, if appropriate) may require 
for that discharge. Notice of such conditions shall be provided in 
writing to the owner or operator.
    (2) In addition to any conditions required pursuant to paragraph 
(d)(1) of this section and to the extent not required in conditions 
contained in NPDES permits, within 60 days following the close of each 
calendar year each owner or operator of a discharge subject to any toxic 
standard or prohibition shall report to the Regional Administrator (or 
State Director, if appropriate) concerning the compliance of such 
discharges. Such report shall include, as a minimum, information 
concerning (i) relevant identification of the discharger such as name, 
location of facility, discharge points, receiving waters, and the 
industrial process or operation emitting the toxic pollutant; (ii) 
relevant conditions (pursuant to paragraph (d)(1) of this section or to 
an NPDES permit) as to flow, section 307(a) toxic pollutant 
concentrations, and section 307(a) toxic pollutant mass emission rate; 
(iii) compliance by the discharger with such conditions.
    (3) When samples collected for analysis are composited, such samples 
shall be composited in proportion to the flow at time of collection and 
preserved in compliance with requirements of the Regional Administrator 
(or State Director, if appropriate), but shall include at least five 
samples, collected at approximately equal intervals throughout the 
working day.
    (e)(1) Nothing in these regulations shall preclude a Regional 
Administrator from requiring in any permit a more stringent effluent 
limitation or standard pursuant to section 301(b)(1)(C) of the Act and 
implemented in 40 CFR 125.11 and other related provisions of 40 CFR part 
125.
    (2) Nothing in these regulations shall preclude the Director of a 
State Water Pollution Control Agency or interstate agency operating a 
National Pollutant Discharge Elimination System Program which has been 
approved by the Administrator pursuant to section 402 of the Act from 
requiring in any permit a more stringent effluent limitation or standard 
pursuant to section 301(b)(1)(C) of the Act and implemented in 40 CFR 
124.42 and other related provisions of 40 CFR part 124.
    (f) Any owner or operator of a facility which discharges a toxic 
pollutant to the navigable waters and to a publicly owned treatment 
system shall limit the summation of the mass emissions from both 
discharges to the less restrictive standard, either the direct discharge 
standard or the pretreatment standard; but in no case will this 
paragraph allow a discharge to the navigable waters greater than the 
toxic pollutant effluent standard established for a direct discharge to 
the navigable waters.
    (g) In any permit hearing or other administrative proceeding 
relating to the implementation or enforcement of these standards, or any 
modification thereof, or in any judicial proceeding other than a 
petition for review of these standards pursuant to section 509(b)(1)(C) 
of the Act, the parties thereto may not contest the validity of any 
national standards established in this part, or the ambient water 
criterion established herein for any toxic pollutant.

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