[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: 40CFR122.50]



[Page 228-229]

 

                   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 C_Permit Conditions

 

Sec.  122.50  Disposal of pollutants into wells, into publicly owned 

treatment works or by land application (applicable to State NPDES programs, 

see Sec.  123.25).



    (a) When part of a discharger's process wastewater is not being 

discharged into waters of the United States or contiguous zone because 

it is disposed into a well, into a POTW, or by land application thereby 

reducing the flow or level of pollutants being discharged into waters of 

the United States, applicable effluent standards and limitations for the 

discharge in an NPDES permit shall be adjusted to reflect the reduced 

raw waste resulting from such disposal. Effluent limitations and 

standards in the permit shall be calculated by one of the following 

methods:

    (1) If none of the waste from a particular process is discharged 

into waters of the United States, and effluent limitations guidelines 

provide separate allocation for wastes from that process, all 

allocations for the process shall be eliminated from calculation of 

permit effluent limitations or standards.

    (2) In all cases other than those described in paragraph (a)(1) of 

this section, effluent limitations shall be adjusted by multiplying the 

effluent limitation derived by applying effluent limitation guidelines 

to the total waste stream by the amount of wastewater flow to be treated 

and discharged into waters of the United States, and dividing the result 

by the total wastewater flow. Effluent limitations and standards so 

calculated may be further adjusted under part 125, subpart D to make 

them more or less stringent if discharges to wells, publicly owned 

treatment works, or by land application change the character or 

treatability of the pollutants being discharged to receiving waters. 

This method may be algebraically expressed as:

[GRAPHIC] [TIFF OMITTED] TR23MR95.119



where P is the permit effluent limitation, E is the limitation derived 

by applying effluent guidelines to the total wastestream, N is the 

wastewater flow to be treated and discharged to waters of the United 

States, and T is the total wastewater flow.





[[Page 229]]





    (b) Paragraph (a) of this section does not apply to the extent that 

promulgated effluent limitations guidelines:

    (1) Control concentrations of pollutants discharged but not mass; or

    (2) Specify a different specific technique for adjusting effluent 

limitations to account for well injection, land application, or disposal 

into POTWs.

    (c) Paragraph (a) of this section does not alter a discharger's 

obligation to meet any more stringent requirements established under 

Sec. Sec.  122.41, 122.42, 122.43, and 122.44.



[48 FR 14153, Apr. 1, 1983, as amended at 49 FR 38050, Sept. 26, 1984]