[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR122.4]



[Page 139-140]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 122_EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT 

DISCHARGE ELIMINATION SYSTEM--Table of Contents

 

         Subpart A_Definitions and General Program Requirements

 

Sec.  122.4  Prohibitions (applicable to State NPDES programs, see 

Sec.  123.25).



    No permit may be issued:

    (a) When the conditions of the permit do not provide for compliance 

with the



[[Page 140]]



applicable requirements of CWA, or regulations promulgated under CWA;

    (b) When the applicant is required to obtain a State or other 

appropriate certification under section 401 of CWA and Sec.  124.53 and 

that certification has not been obtained or waived;

    (c) By the State Director where the Regional Administrator has 

objected to issuance of the permit under Sec.  123.44;

    (d) When the imposition of conditions cannot ensure compliance with 

the applicable water quality requirements of all affected States;

    (e) When, in the judgment of the Secretary, anchorage and navigation 

in or on any of the waters of the United States would be substantially 

impaired by the discharge;

    (f) For the discharge of any radiological, chemical, or biological 

warfare agent or high-level radioactive waste;

    (g) For any discharge inconsistent with a plan or plan amendment 

approved under section 208(b) of CWA;

    (h) For any discharge to the territorial sea, the waters of the 

contiguous zone, or the oceans in the following circumstances:

    (1) Before the promulgation of guidelines under section 403(c) of 

CWA (for determining degradation of the waters of the territorial seas, 

the contiguous zone, and the oceans) unless the Director determines 

permit issuance to be in the public interest; or

    (2) After promulgation of guidelines under section 403(c) of CWA, 

when insufficient information exists to make a reasonable judgment 

whether the discharge complies with them.

    (i) To a new source or a new discharger, if the discharge from its 

construction or operation will cause or contribute to the violation of 

water quality standards. The owner or operator of a new source or new 

discharger proposing to discharge into a water segment which does not 

meet applicable water quality standards or is not expected to meet those 

standards even after the application of the effluent limitations 

required by sections 301(b)(1)(A) and 301(b)(1)(B) of CWA, and for which 

the State or interstate agency has performed a pollutants load 

allocation for the pollutant to be discharged, must demonstrate, before 

the close of the public comment period, that:

    (1) There are sufficient remaining pollutant load allocations to 

allow for the discharge; and

    (2) The existing dischargers into that segment are subject to 

compliance schedules designed to bring the segment into compliance with 

applicable water quality standards. The Director may waive the 

submission of information by the new source or new discharger required 

by paragraph (i) of this section if the Director determines that the 

Director already has adequate information to evaluate the request. An 

explanation of the development of limitations to meet the criteria of 

this paragraph (i)(2) is to be included in the fact sheet to the permit 

under Sec.  124.56(b)(1) of this chapter.



[48 FR 14153, Apr. 1, 1983, as amended at 50 FR 6940, Feb. 19, 1985; 65 

FR 30905, May 15, 2000]