[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR401.12]

[Page 7-8]
 
                TITLE 40-PROTECTION OF ENVIRONMENT
 
      CHAPTER I-ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 401-GENERAL PROVISIONS--Table of Contents
 
Sec. 401.12  Law authorizing establishment of effluent limitations guidelines for existing sources, standards of performance for new sources and pretreatment 
          standards of new and existing sources.

    (a) Section 301(a) of the Act provides that ``except 
as in compliance with this section and sections 302, 306, 307, 318, 402 
and 404 of this Act, the discharge of any pollutant by any person shall 
be unlawful.''
    (b) Section 301(b) of the Act requires the achievement by not later 
than July 1, 1977, of effluent limitations for point sources, other than 
publicly owned treatment works, which require the application of the 
best practicable control technology currently available as determined by 
the Administrator pursuant to section 304(b)(1) of the Act. Section 
301(b) also requires the achievement by not later than July 1, 1983, of 
effluent limitations for point sources, other than publicly owned 
treatment works, which require the application of the best available 
technology economically achievable which will result in reasonable 
further progress toward the national goal of eliminating the discharge 
of all pollutants, as determined in accordance with regulations issued 
by the Administrator pursuant to section 304(b)(2) of the Act.
    (c) Section 304(b) of the Act requires the Administrator to publish 
regulations providing guidelines for effluent limitations setting forth 
the degree of effluent reduction attainable through the application of 
the best practicable control technology currently available and the 
degree of effluent reduction attainable through the application of the 
best control measures and practices achievable including treatment 
techniques, process and procedure innovations, operating methods and 
other alternatives.
    (d) Section 304(c) of the Act requires the Administrator, after 
consultation with appropriate Federal and State agencies and other 
interested persons to issue information on the process, procedures, or 
operating methods which result in the elimination or reduction of the 
discharge of pollutants to implement standards of performance under 
section 306 of the Act.
    (e) Section 306(b)(1)(B) of the Act requires the Administrator, 
after a category of sources is included in a list published pursuant to 
section 306(b)(1)(A) of the Act, to propose regulations establishing 
Federal standards of performances for new sources within such category. 
Standards of performance are to provide for the control of the discharge 
of pollutants which reflect the greatest degree of effluent reduction 
which the Administrator determines to be achievable through application 
of the best available demonstrated control technology, processes, 
operating methods, or other alternatives, including, where practicable, 
a standard permitting no discharge of pollutants.
    (f) Section 307(b) provides that the Administrator shall establish 
pretreatment standards which shall prevent the discharge of any 
pollutant into publicly owned treatment works which pollutant interferes 
with, passes

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through untreated, or otherwise is incompatible with such works.
    (g) Section 307(c) of the Act provides that the Administrator shall 
promulgate pretreatment standards for sources which would be 
``new sources'' under section 306 (if they 
were to discharge pollutants directly to navigable waters) at the same 
time standards of performance for the equivalent category of new sources 
are promulgated.
    (h) Section 316(b) of the Act provides that any standard established 
pursuant to section 301 or section 306 of the Act and applicable to a 
point source shall require that the location, design, construction, and 
capacity of cooling water intake structures reflect the best technology 
available for minimizing adverse environmental impact.
    (i) Section 402(a)(1) of the Act provides that the Administrator may 
issue permits for the discharge of any pollutant upon condition that 
such discharge will meet all applicable requirements under sections 301, 
302, 306, 307, 308 and 403 of this Act. In addition, section 
402(b)(1)(A) of the Act requires that permits issued by States under the 
National Pollutant Discharge Elimination System (NPDES) established by 
the Act must apply, and insure compliance with any applicable 
requirements of sections 301, 302, 306, 307 and 403 of the Act.