[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: 40CFR403.7]

[Page 19-25]
 
                TITLE 40-PROTECTION OF ENVIRONMENT
 
      CHAPTER I-ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 403-GENERAL PRETREAT- MENT REGULATIONS FOR EXISTING AND NEW SOURCES OF POLLUTION--Table of Contents
 
Sec. 403.7  Removal credits.

    (a) Introduction-(1) Definitions. For the purpose of this 
section:
    (i) Removal means a reduction in the amount of a pollutant in the 
POTW's effluent or alteration of the nature of a pollutant during 
treatment at the POTW. The reduction or alteration can be obtained by 
physical, chemical or biological means and may be the result of 
specifically designed POTW capabilities or may be incidental to the 
operation of the treatment system. Removal as used in this subpart shall 
not mean dilution of a pollutant in the POTW.
    (ii) Sludge Requirements shall mean the following statutory 
provisions and regulations or permits issued thereunder (or more 
stringent State or local regulations): Section 405 of the Clean Water 
Act; the Solid Waste Disposal Act (SWDA) (including title II more 
commonly referred to as the Resource Conservation Recovery Act (RCRA) 
and State regulations contained in any State sludge management plan 
prepared pursuant to subtitle D of SWDA); the Clean Air Act; the Toxic 
Substances Control Act; and the Marine Protection, Research and 
Sanctuaries Act.
    (2) General. Any POTW receiving wastes from an Industrial User to 
which a categorical Pretreatment Standard(s) applies may, at its 
discretion and subject to the conditions of this section, grant removal 
credits to reflect removal by the POTW of pollutants specified in the 
categorical Pretreatment Standard(s). The POTW may grant a removal 
credit equal to or, at its discretion, less than its consistent removal 
rate. Upon being granted a removal credit, each affected Industrial User 
shall calculate its revised discharge limits in accordance with 
paragraph (a)(4) of this section. Removal credits may only be given for 
indicator or surrogate pollutants regulated in a categorical 
Pretreatment Standard if the categorical Pretreatment Standard so 
specifies.
    (3) Conditions for authorization to give removal credits. A POTW is 
authorized to give removal credits only if the following conditions are 
met:
    (i) Application. The POTW applies for, and receives, authorization 
from the Approval Authority to give a removal credit in accordance with 
the requirements and procedures specified in paragraph (e) of this 
section.
    (ii) Consistent removal determination. The POTW demonstrates and 
continues to achieve consistent removal of the pollutant in accordance 
with paragraph (b) of this section.
    (iii) POTW local pretreatment program. The POTW has an approved 
pretreatment program in accordance with and to the extent required by 
part 403; provided, however, a POTW which does not have an approved 
pretreatment program may, pending approval of such a program, 
conditionally give credits as provided in paragraph (d) of this section.
    (iv) Sludge requirements. The granting of removal credits will not 
cause the POTW to violate the local, State and Federal Sludge 
Requirements which apply to the sludge management method chosen by the 
POTW. Alternatively, the POTW can demonstrate to the Approval Authority 
that even though it is not presently in compliance with applicable 
Sludge Requirements, it will be in compliance when the Industrial 
User(s) to whom the removal credit would apply is required to meet its 
categorical Pretreatment Standard(s) as modified by the removal credit. 
If granting removal credits forces a POTW to incur greater sludge 
management costs than would be incurred in the absence of granting 
removal credits, the additional sludge management costs will not be 
eligible for EPA grant assistance. Removal credits may be made available 
for the following pollutants.
    (A) For any pollutant listed in appendix G section I of this part 
for the use or disposal practice employed by the POTW, when the 
requirements in 40 CFR part 503 for that practice are met.
    (B) For any pollutant listed in appendix G section II of this part 
for the use or disposal practice employed by the POTW when the 
concentration for a pollutant listed in appendix G section II of this 
part in the sewage sludge that is used or disposed does not exceed the 
concentration for the pollutant in appendix G section II of this part.
    (C) For any pollutant in sewage sludge when the POTW disposes all of

[[Page 20]]

its sewage sludge in a municipal solid waste landfill unit that meets 
the criteria in 40 CFR part 258.
    (v) NPDES permit limitations. The granting of removal credits will 
not cause a violation of the POTW's permit limitations or conditions. 
Alternatively, the POTW can demonstrate to the Approval Authority that 
even though it is not presently in compliance with applicable 
limitations and conditions in its NPDES permit, it will be in compliance 
when the Industrial User(s) to whom the removal credit would apply is 
required to meet its categorical Pretreatment Standard(s), as modified 
by the removal credit provision.
    (4) Calculation of revised discharge limits. Revised discharge 
limits for a specific pollutant shall be derived by use of the following 
formula:
[GRAPHIC] [TIFF OMITTED] TC15NO91.014


where:

x=pollutant discharge limit specified in the applicable categorical 
Pretreatment Standard
r=removal credit for that pollutant as established under paragraph (b) 
of this section (percentage removal expressed as a proportion, i.e., a 
number between 0 and 1)
y=revised discharge limit for the specified pollutant (expressed in same 
units as x)

    (b) Establishment of Removal Credits; Demonstration of Consistent 
Removal-(1) Definition of Consistent Removal. 
``Consistent Removal'' shall mean the 
average of the lowest 50 percent of the removal measured according to 
paragraph (b)(2) of this section. All sample data obtained for the 
measured pollutant during the time period prescribed in paragraph (b)(2) 
of this section must be reported and used in computing Consistent 
Removal. If a substance is measurable in the influent but not in the 
effluent, the effluent level may be assumed to be the limit of 
measurement, and those data may be used by the POTW at its discretion 
and subject to approval by the Approval Authority. If the substance is 
not measurable in the influent, the date may not be used. Where the 
number of samples with concentrations equal to or above the limit of 
measurement is between 8 and 12, the average of the lowest 6 removals 
shall be used. If there are less than 8 samples with concentrations 
equal to or above the limit of measurement, the Approval Authority may 
approve alternate means for demonstrating Consistent Removal. The term 
``measurement'' refers to the ability of the 
analytical method or protocol to quantify as well as identify the 
presence of the substance in question.
    (2) Consistent Removal Data. Influent and effluent operational data 
demonstrating Consistent Removal or other information, as provided for 
in paragraph (b)(1) of this section, which demonstrates Consistent 
Removal of the pollutants for which discharge limit revisions are 
proposed. This data shall meet the following requirements:
    (i) Representative Data; Seasonal. The data shall be representative 
of yearly and seasonal conditions to which the POTW is subjected for 
each pollutant for which a discharge limit revision is proposed.
    (ii) Representative Data; Quality and Quantity. The data shall be 
representative of the quality and quantity of normal effluent and 
influent flow if such data can be obtained. If such data are 
unobtainable, alternate data or information may be presented for 
approval to demonstrate Consistent Removal as provided for in paragraph 
(b)(1) of this section.
    (iii) Sampling Procedures: Composite. (A) The influent and effluent 
operational data shall be obtained through 24-hour flow-proportional 
composite samples. Sampling may be done manually or automatically, and 
discretely or continuously. For discrete sampling, at least 12 aliquots 
shall be composited. Discrete sampling may be flow-proportioned either 
by varying the time interval between each aliquot or the volume of each 
aliquot. All composites must be flow-proportional to each stream flow at 
time of collection of influent aliquot or to the total influent flow 
since the previous influent aliquot. Volatile pollutant aliquots must be 
combined in the laboratory immediately before analysis.
    (B)(1) Twelve samples shall be taken at approximately equal 
intervals throughout one full year. Sampling must be evenly distributed 
over the

[[Page 21]]

days of the week so as to include no-workdays as well as workdays. If 
the Approval Authority determines that this schedule will not be most 
representative of the actual operation of the POTW Treatment Plant, an 
alternative sampling schedule will be approved.
    (2) In addition, upon the Approval Authority's concurrence, a POTW 
may utilize an historical data base amassed prior to the effective data 
of this section provide that such data otherwise meet the requirements 
of this paragraph. In order for the historical data base to be approved 
it must present a statistically valid description of daily, weekly and 
seasonal sewage treatment plant loadings and performance for at least 
one year.
    (C) Effluent sample collection need not be delayed to compensate for 
hydraulic detention unless the POTW elects to include detention time 
compensation or unless the Approval Authority requires detention time 
compensation. The Approval Authority may require that each effluent 
sample be taken approximately one detention time later than the 
corresponding influent sample when failure to do so would result in an 
unrepresentative portrayal of actual POTW operation. The detention 
period is to be based on a 24-hour average daily flow value. The average 
daily flow used will be based upon the average of the daily flows during 
the same month of the previous year.
    (iv) Sampling Procedures: Grab. Where composite sampling is not an 
appropriate sampling technique, a grab sample(s) shall be taken to 
obtain influent and effluent operational data. Collection of influent 
grab samples should precede collection of effluent samples by 
approximately one detention period. The detention period is to be based 
on a 24-hour average daily flow value. The average daily flow used will 
be based upon the average of the daily flows during the same month of 
the previous year. Grab samples will be required, for example, where the 
parameters being evaluated are those, such as cyanide and phenol, which 
may not be held for any extended period because of biological, chemical 
or physical interactions which take place after sample collection and 
affect the results. A grab sample is an individual sample collected over 
a period of time not exceeding 15 minutes.
    (v) Analytical methods. The sampling referred to in paragraphs 
(b)(2) (i) through (iv) of this section and an analysis of these samples 
shall be performed in accordance with the techniques prescribed in 40 
CFR part 136 and amendments thereto. Where 40 CFR part 136 does not 
contain sampling or analytical techniques for the pollutant in question, 
or where the Administrator determines that the part 136 sampling and 
analytical techniques are inappropriate for the pollutant in question, 
sampling and analysis shall be performed using validated analytical 
methods or any other applicable sampling and analytical procedures, 
including procedures suggested by the POTW or other parties, approved by 
the Administrator.
    (vi) Calculation of removal. All data acquired under the provisions 
of this section must be submitted to the Approval Authority. Removal for 
a specific pollutant shall be determined either, for each sample, by 
measuring the difference between the concentrations of the pollutant in 
the influent and effluent of the POTW and expressing the difference as a 
percent of the influent concentration, or, where such data cannot be 
obtained, Removal may be demonstrated using other data or procedures 
subject to concurrence by the Approval Authority as provided for in 
paragraph (b)(1) of this section.
    (c) Provisional credits. For pollutants which are not being 
discharged currently (i.e., new or modified facilities, or production 
changes) the POTW may apply for authorization to give removal credits 
prior to the initial discharge of the pollutant. Consistent removal 
shall be based provisionally on data from treatability studies or 
demonstrated removal at other treatment facilities where the quality and 
quantity of influent are similar. Within 18 months after the 
commencement of discharge of pollutants in question, consistent removal 
must be demonstrated pursuant to the requirements of paragraph (b) of 
this section. If, within 18 months after the commencement of the 
discharge of the pollutant in question, the POTW

[[Page 22]]

cannot demonstrate consistent removal pursuant to the requirements of 
paragraph (b) of this section, the authority to grant provisional 
removal credits shall be terminated by the Approval Authority and all 
Industrial Users to whom the revised discharge limits had been applied 
shall achieve compliance with the applicable categorical Pretreatment 
Standard(s) within a reasonable time, not to exceed the period of time 
prescribed in the applicable categorical Pretreatment Standard(s), as 
may be specified by the Approval Authority.
    (d) Exception to POTW Pretreatment Program Requirement. A POTW 
required to develop a local pretreatment program by Sec. 403.8 
may conditionally give removal credits pending approval of such a 
program in accordance with the following terms and conditions:
    (1) All Industrial Users who are currently subject to a categorical 
Pretreatment Standard and who wish conditionally to receive a removal 
credit must submit to the POTW the information required in 
Sec. 403.12(b)(1) through (7) (except new or modified 
industrial users must only submit the information required by 
Sec. 403.12(b)(1) through (6)), pertaining to the categorical 
Pretreatment Standard as modified by the removal credit. The Industrial 
Users shall indicate what additional technology, if any, will be needed 
to comply with the categorical Pretreatment Standard(s) as modified by 
the removal credit;
    (2) The POTW must have submitted to the Approval Authority an 
application for pretreatment program approval meeting the requirements 
of Sec.Sec. 403.8 and 403.9 in a timely manner, not 
to exceed the time limitation set forth in a compliance schedule for 
development of a pretreatment program included in the POTW's NPDES 
permit, but in no case later than July 1, 1983, where no permit deadline 
exists;
    (3) The POTW must:
    (i) Compile and submit data demonstrating its consistent removal in 
accordance with paragraph (b) of this section;
    (ii) Comply with the conditions specified in paragraph (a)(3) of 
this section; and
    (iii) Submit a complete application for removal credit authority in 
accordance with paragraph (e) of this section;
    (4) If a POTW receives authority to grant conditional removal 
credits and the Approval Authority subsequently makes a final 
determination, after appropriate notice, that the POTW failed to comply 
with the conditions in paragraphs (d)(2) and (3) of this section, the 
authority to grant conditional removal credits shall be terminated by 
the Approval Authority and all -ndustrial Users to whom 
the revised discharge limits had been applied shall achieve compliance 
with the applicable categorical Pretreatment Standard(s) within a 
reasonable time, not to exceed the period of time prescribed in the 
applicable categorical Pretreatment Standard(s), as may be specified by 
the Approval Authority.
    (5) If a POTW grants conditional removal credits and the POTW or the 
Approval Authority subsequently makes a final determination, after 
appropriate notice, that the Industrial User(s) failed to comply with 
the conditions in paragraph (d)(1) of this section, the conditional 
credit shall be terminated by the POTW or the Approval Authority for the 
non-complying Industrial User(s) and the Industrial User(s) to whom the 
revised discharge limits had been applied shall achieve compliance with 
the applicable categorical Pretreatment Standard(s) within a reasonable 
time, not to exceed the period of time prescribed in the applicable 
categorical Pretreatment Standard(s), as may be specified by the 
Approval Authority. The conditional credit shall not be terminated where 
a violation of the provisions of this paragraph results from causes 
entirely outside of the control of the Industrial User(s) or the 
Industrial User(s) had demonstrated substantial compliance.
    (6) The Approval Authority may elect not to review an application 
for conditional removal credit authority upon receipt of such 
application, in which case the conditionally revised discharge limits 
will remain in effect until reviewed by the Approval Authority. This 
review may occur at any time in accordance with the procedures of 
Sec. 403.11, but in no event later than the

[[Page 23]]

time of any pretreatment program approval or any NPDES permit reissuance 
thereunder.
    (e) POTW application for authorization to give removal credits and 
Approval Authority review-(1) Who must apply. Any POTW 
that wants to give a removal credit must apply for authorization from 
the Approval Authority.
    (2) To whom application is made. An application for authorization to 
give removal credits (or modify existing ones) shall be submitted by the 
POTW to the Approval Authority.
    (3) When to apply. A POTW may apply for authorization to give or 
modify removal credits at any time.
    (4) Contents of the Application. An application for authorization to 
give removal credits must be supported by the following information:
    (i) List of pollutants. A list of pollutants for which removal 
credits are proposed.
    (ii) Consistent Removal Data. The data required pursuant to 
paragraph (b) of this section.
    (iii) Calculation of revised discharge limits. Proposed revised 
discharge limits for each affected subcategory of Industrial Users 
calculated in accordance with paragraph (a)(4) of this section.
    (iv) Local Pretreatment Program Certification. A certification that 
the POTW has an approved local pretreatment program or qualifies for the 
exception to this requirement found at paragraph (d) of this section.
    (v) Sludge Management Certification. A specific description of the 
POTW's current methods of using or disposing of its sludge and a 
certification that the granting of removal credits will not cause a 
violation of the sludge requirements identified in paragraph (a)(3)(iv) 
of this section.
    (vi) NPDES Permit Limit Certification. A certification that the 
granting of removal credits will not cause a violation of the POTW's 
NPDES permit limits and conditions as required in paragraph (a)(3)(v) of 
this section.
    (5) Approval Authority Review. The Approval Authority shall review 
the POTW's application for authorization to give or modify removal 
credits in accordance with the procedures of Sec. 403.11 and 
shall, in no event, have more that 180 days from public notice of an 
application to complete review.
    (6) EPA review of State removal credit approvals. Where the NPDES 
State has an approved pretreatment program, the Regional Administrator 
may agree in the Memorandum of Agreement under 40 CFR 123.24(d) to waive 
the right to review and object to submissions for authority to grant 
removal credits. Such an agreement shall not restrict the Regional 
Administrator's right to comment upon or object to permits issued to 
POTW's except to the extent 40 CFR 123.24(d) allows such restriction.
    (7) Nothing in these regulations precludes an Industrial User or 
other interested party from assisting the POTW in preparing and 
presenting the information necessary to apply for authorization.
    (f) Continuation and withdrawal of authorization-(1) Effect 
of authorization. (i) Once a POTW has received authorization to grant 
removal credits for a particular pollutant regulated in a categorical 
Pretreatment Standard it may automatically extend that removal credit to 
the same pollutant when it is regulated in other categorical standards, 
unless granting the removal credit will cause the POTW to violate the 
sludge requirements identified in paragraph (a)(3)(iv) of this section 
or its NPDES permit limits and conditions as required by paragraph 
(a)(3)(v) of this section. If a POTW elects at a later time to extend 
removal credits to a certain categorical Pretreatment Standard, 
industrial subcategory or one or more Industrial Users that initially 
were not granted removal credits, it must notify the Approval Authority.
    (2) Inclusion in POTW permit. Once authority is granted, the removal 
credits shall be included in the POTW's NPDES Permit as soon as possible 
and shall become an enforceable requirement of the POTW's NPDES permit. 
The removal credits will remain in effect for the term of the POTW's 
NPDES permit, provided the POTW maintains compliance with the conditions 
specified in paragraph (f)(4) of this section.
    (3) Compliance monitoring. Following authorization to give removal 
credits,

[[Page 24]]

a POTW shall continue to monitor and report on (at such intervals as may 
be specified by the Approval Authority, but in no case less than once 
per year) the POTW's removal capabilities. A minimum of one 
representative sample per month during the reporting period is required, 
and all sampling data must be included in the POTW's compliance report.
    (4) Modification or withdrawal of removal credits-(i) 
Notice of POTW. The Approval Authority shall notify the POTW if, on the 
basis of pollutant removal capability reports received pursuant to 
paragraph (f)(3) of this section or other relevant information available 
to it, the Approval Authority determines:
    (A) That one or more of the discharge limit revisions made by the 
POTW, of the POTW itself, no longer meets the requirements of this 
section, or
    (B) That such discharge limit revisions are causing a violation of 
any conditions or limits contained in the POTW's NPDES Permit.
    (ii) Corrective action. If appropriate corrective action is not 
taken within a reasonable time, not to exceed 60 days unless the POTW or 
the affected Industrial Users demonstrate that a longer time period is 
reasonably necessary to undertake the appropriate corrective action, the 
Approval Authority shall either withdraw such discharge limits or 
require modifications in the revised discharge limits.
    (iii) Public notice of withdrawal or modification. The Approval 
Authority shall not withdraw or modify revised discharge limits unless 
it shall first have notified the POTW and all Industrial Users to whom 
revised discharge limits have been applied, and made public, in writing, 
the reasons for such withdrawal or modification, and an opportunity is 
provided for a hearing. Following such notice and withdrawal or 
modification, all Industrial Users to whom revised discharge limits had 
been applied, shall be subject to the modified discharge limits or the 
discharge limits prescribed in the applicable categorical Pretreatment 
Standards, as appropriate, and shall achieve compliance with such limits 
within a reasonable time (not to exceed the period of time prescribed in 
the applicable categorical Pretreatment Standard(s) as may be specified 
by the Approval Authority.
    (g) Removal credits in State-run pretreatment programs under Sec. 
403.10(e). Where an NPDES State with an approved pretreatment program 
elects to implement a local pretreatment program in lieu or requiring 
the POTW to develop such a program (as provided in Sec. 
403.10(e)), the POTW will not be required to develop a pretreatment 
program as a precondition to obtaining authorization to give removal 
credits. The POTW will, however, be required to comply with the other 
conditions of paragraph (a)(3) of this section.
    (h) Compensation for overflow. 
``Overflow'' means the intentional or 
unintentional diversion of flow from the POTW before the POTW Treatment 
Plant. POTWs which at least once annually Overflow untreated wastewater 
to receiving waters may claims Consistent Removal of a pollutant only by 
complying with either paragraph (h)(1) of (h)(2) or this section. 
However, this subsection shall not apply where Industrial User(s) can 
demonstrate that Overflow does not occur between the Industrial User(s) 
and the POTW Treatment Plant;
    (1) The Industrial User provides containment or otherwise ceases or 
reduces Discharges from the regulated processes which contain the 
pollutant for which an allowance is requested during all circumstances 
in which an Overflow event can reasonably be expected to occur at the 
POTW or at a sewer to which the Industrial User is connected. Discharges 
must cease or be reduced, or pretreatment must be increased, to the 
extent necessary to compensate for the removal not being provided by the 
POTW. Allowances under this provision will only be granted where the 
POTW submits to the Approval Authority evidence that:
    (i) All Industrial Users to which the POTW proposes to apply this 
provision have demonstrated the ability to contain or otherwise cease or 
reduce, during circumstances in which an Overflow event can reasonably 
be expected to occur, Discharges from the regulated processes which 
contain pollutants for which an allowance is requested;

[[Page 25]]

    (ii) The POTW has identified circumstances in which an Overflow 
event can reasonably be expected to occur, and has a notification or 
other viable plan to insure that Industrial Users will learn of an 
impending Overflow in sufficient time to contain, cease or reduce 
Discharging to prevent untreated Overflows from occurring. The POTW must 
also demonstrate that it will monitor and verify the data required in 
paragraph (h)(1)(iii) of this section, to insure that Industrial Users 
are containing, ceasing or reducing operations during POTW System 
Overflow; and
    (iii) All Industrial Users to which the POTW proposes to apply this 
provision have demonstrated the ability and commitment to collect and 
make available, upon request by the POTW, State Director or EPA Regional 
Administrator, daily flow reports or other data sufficient to 
demonstrate that all Discharges from regulated processes containing the 
pollutant for which the allowance is requested were contained, reduced 
or otherwise ceased, as appropriate, during all circumstances in which 
an Overflow event was reasonably expected to occur; or
    (2)(i) The Consistent Removal claimed is reduced pursuant to the 
following equation:
[GRAPHIC] [TIFF OMITTED] TC15NO91.015


where:

rm = POTW's Consistent Removal rate for that pollutant as 
established under paragraphs (a)(1) and (b)(2) of this section
rc = removal corrected by the Overflow factor
Z = hours per year that Overflow occurred between the Industrial User(s) 
and the POTW Treatment Plant, the hours either to be shown in the POTW's 
current NPDES permit application or the hours, as demonstrated by 
verifiable techniques, that a particular Industrial User's Discharge 
Overflows between the Industrial User and the POTW Treatment Plant; and

    (ii) After July 1, 1983, Consistent Removal may be claimed only 
where efforts to correct the conditions resulting in untreated 
Discharges by the POTW are underway in accordance with the policy and 
procedures set forth in ``PRM 75-34'' or 
``Program Guidance Memorandum-61'' (same 
document) published on December 16, 1975, by EPA Office of Water Program 
Operations (WH-546). (See appendix A.) Revisions to discharge limits in 
categorical Pretreatment Standards may not be made where efforts have 
not been committed to by the POTW to minimize pollution from Overflows. 
At minimum, by July 1, 1983, the POTW must have completed the analysis 
required by PRM 75-34 and be making an effort to implement the plan.
    (iii) If, by July 1, 1983, a POTW has begun the PRM 75-34 analysis 
but due to circumstances beyond its control has not completed it, 
Consistent Removal, subject to the approval of the Approval Authority, 
may continue to be claimed according to the formula in paragraph 
(h)(2)(i) of this section as long as the POTW acts in a timely fashion 
to complete the analysis and makes an effort to implement the non-
structural cost-effective measures identified by the analysis; and so 
long as the POTW has expressed its willingness to apply, after 
completing the analysis, for a construction grant necessary to implement 
any other cost-effective Overflow controls identified in the analysis 
should Federal funds become available, so applies for such funds, and 
proceeds with the required construction in an expeditious manner. In 
addition, Consistent Removal may, subject to the approval of the 
Approval Authority, continue to be claimed according to the formula in 
paragraph (h)(2)(i) of this section where the POTW has completed and the 
Approval Authority has accepted the analysis required by PRM 75-34 and 
the POTW has requested inclusion in its NPDES permit of an acceptable 
compliance schedule providing for timely implementation of cost-
effective measures identified in the analysis. (In considering what is 
timely implementation, the Approval Authority shall consider the 
availability of funds, cost of control measures, and seriousness of the 
water quality problem.)

[49 FR 31221, Aug. 3, 1984, as amended at 51 FR 20430, June 4, 1986; 53 
FR 42435, Nov. 5, 1987; 58 FR 9386, Feb. 19, 1993; 58 FR 18017, Apr. 7, 
1993]

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