[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: 40CFR125.63]



[Page 322-323]

 

                   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 G_Criteria for Modifying the Secondary Treatment Requirements 

               Under Section 301(h) of the Clean Water Act

 

Sec.  125.63  Establishment of a monitoring program.



    (a) General requirements. (1) The applicant must:

    (i) Have a monitoring program that is:

    (A) Designed to provide data to evaluate the impact of the modified 

discharge on the marine biota, demonstrate compliance with applicable 

water quality standards or water quality criteria, as applicable, and 

measure toxic substances in the discharge, and

    (B) Limited to include only those scientific investigations 

necessary to study the effects of the proposed discharge;

    (ii) Describe the sampling techniques, schedules and locations 

(including appropriate control sites), analytical techniques, quality 

control and verification procedures to be used in the monitoring 

program;

    (iii) Demonstrate that it has the resources necessary to implement 

the program upon issuance of the modified permit and to carry it out for 

the life of the modified permit; and

    (iv) Determine the frequency and extent of the monitoring program 

taking into consideration the applicant's rate of discharge, quantities 

of toxic pollutants discharged, and potentially significant impacts on 

receiving water quality, marine biota, and designated water uses.

    (2) The Administrator may require revision of the proposed 

monitoring program before issuing a modified permit and during the term 

of any modified permit.

    (b) Biological monitoring program. The biological monitoring program 

for both



[[Page 323]]



small and large applicants shall provide data adequate to evaluate the 

impact of the modified discharge on the marine biota.

    (1) Biological monitoring shall include to the extent practicable:

    (i) Periodic surveys of the biological communities and populations 

which are most likely affected by the discharge to enable comparisons 

with baseline conditions described in the application and verified by 

sampling at the control stations/reference sites during the periodic 

surveys;

    (ii) Periodic determinations of the accumulation of toxic pollutants 

and pesticides in organisms and examination of adverse effects, such as 

disease, growth abnormalities, physiological stress, or death;

    (iii) Sampling of sediments in areas of solids deposition in the 

vicinity of the ZID, in other areas of expected impact, and at 

appropriate reference sites to support the water quality and biological 

surveys and to measure the accumulation of toxic pollutants and 

pesticides; and

    (iv) Where the discharge would affect commercial or recreational 

fisheries, periodic assessments of the conditions and productivity of 

fisheries.

    (2) Small applicants are not subject to the requirements of 

paragraph (b)(1) (ii) through (iv) of this section if they discharge at 

depths greater than 10 meters and can demonstrate through a suspended 

solids deposition analysis that there will be negligible seabed 

accumulation in the vicinity of the modified discharge.

    (3) For applicants seeking a section 301(h) modified permit based 

on:

    (i) A current discharge, biological monitoring shall be designed to 

demonstrate ongoing compliance with the requirements of Sec.  125.62(c);

    (ii) An improved discharge or altered discharge other than outfall 

relocation, biological monitoring shall provide baseline data on the 

current impact of the discharge and data which demonstrate, upon 

completion of improvements or alterations, that the requirements of 

Sec.  125.62(c) are met; or

    (iii) An improved or altered discharge involving outfall relocation, 

the biological monitoring shall:

    (A) Include the current discharge site until such discharge ceases; 

and

    (B) Provide baseline data at the relocation site to demonstrate the 

impact of the discharge and to provide the basis for demonstrating that 

requirements of Sec.  125.62(c) will be met.

    (c) Water quality monitoring program. The water quality monitoring 

program shall to the extent practicable:

    (1) Provide adequate data for evaluating compliance with water 

quality standards or water quality criteria, as applicable under Sec.  

125.62(a)(1);

    (2) Measure the presence of toxic pollutants which have been 

identified or reasonably may be expected to be present in the discharge.

    (d) Effluent monitoring program. (1) In addition to the requirements 

of 40 CFR part 122, to the extent practicable, monitoring of the POTW 

effluent shall provide quantitative and qualitative data which measure 

toxic substances and pesticides in the effluent and the effectiveness of 

the toxic control program.

    (2) The permit shall require the collection of data on a frequency 

specified in the permit to provide adequate data for evaluating 

compliance with the percent removal efficiency requirements under Sec.  

125.60.