[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: 40CFR125.122]



[Page 364]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 125_CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE 

ELIMINATION SYSTEM--Table of Contents

 

                   Subpart M_Ocean Discharge Criteria

 

Sec.  125.122  Determination of unreasonable degradation of the marine 

environment.



    (a) The director shall determine whether a discharge will cause 

unreasonable degradation of the marine environment based on 

consideration of:

    (1) The quantities, composition and potential for bioaccumulation or 

persistence of the pollutants to be discharged;

    (2) The potential transport of such pollutants by biological, 

physical or chemical processes;

    (3) The composition and vulnerability of the biological communities 

which may be exposed to such pollutants, including the presence of 

unique species or communities of species, the presence of species 

identified as endangered or threatened pursuant to the Endangered 

Species Act, or the presence of those species critical to the structure 

or function of the ecosystem, such as those important for the food 

chain;

    (4) The importance of the receiving water area to the surrounding 

biological community, including the presence of spawning sites, nursery/

forage areas, migratory pathways, or areas necessary for other functions 

or critical stages in the life cycle of an organism.

    (5) The existence of special aquatic sites including, but not 

limited to marine sanctuaries and refuges, parks, national and historic 

monuments, national seashores, wilderness areas and coral reefs;

    (6) The potential impacts on human health through direct and 

indirect pathways;

    (7) Existing or potential recreational and commercial fishing, 

including finfishing and shellfishing;

    (8) Any applicable requirements of an approved Coastal Zone 

Management plan;

    (9) Such other factors relating to the effects of the discharge as 

may be appropriate;

    (10) Marine water quality criteria developed pursuant to section 

304(a)(1).

    (b) Discharges in compliance with section 301(g), 301(h), or 316(a) 

variance requirements or State water quality standards shall be presumed 

not to cause unreasonable degradation of the marine environment, for any 

specific pollutants or conditions specified in the variance or the 

standard.