[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: 40CFR125.65]



[Page 323-324]

 

                   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.  125.65  Urban area pretreatment program.



    (a) Scope and applicability. (1) The requirements of this section 

apply to each POTW serving a population of 50,000 or more that has one 

or more toxic pollutants introduced into the



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POTW by one or more industrial dischargers and that seeks a section 

301(h) modification.

    (2) The requirements of this section apply in addition to any 

applicable requirements of 40 CFR part 403, and do not waive or 

substitute for the part 403 requirements in any way.

    (b) Toxic pollutant control. (1) As to each toxic pollutant 

introduced by an industrial discharger, each POTW subject to the 

requirements of this section shall demonstrate that it either:

    (i) Has an applicable pretreatment requirement in effect in 

accordance with paragraph (c) of this section; or

    (ii) Has in effect a program that achieves secondary removal 

equivalency in accordance with paragraph (d) of this section.

    (2) Each applicant shall demonstrate that industrial sources 

introducing waste into the applicant's treatment works are in compliance 

with all applicable pretreatment requirements, including numerical 

standards set by local limits, and that it will enforce those 

requirements.

    (c) Applicable pretreatment requirement. (1) An applicable 

pretreatment requirement under paragraph (b)(1)(i) of this section with 

respect to a toxic pollutant shall consist of the following:

    (i) As to a toxic pollutant introduced into the applicant's 

treatment works by an industrial discharger for which there is no 

applicable categorical pretreatment standard for the toxic pollutant, a 

local limit or limits on the toxic pollutant as necessary to satisfy the 

requirements of 40 CFR part 403; and

    (ii) As to a toxic pollutant introduced into the applicant's 

treatment works by an industrial discharger that is subject to a 

categorical pretreatment standard for the toxic pollutant, the 

categorical standard and a local limit or limits as necessary to satisfy 

the requirements of 40 CFR part 403;

    (iii) As to a toxic pollutant introduced into the applicant's 

treatment works by an industrial discharger for which there is no 

applicable categorical pretreatment standard for the toxic pollutant, 

and the 40 CFR part 403 analysis on the toxic pollutant shows that no 

local limit is necessary, the applicant shall demonstrate to EPA on an 

annual basis during the term of the permit through continued monitoring 

and appropriate technical review that a local limit is not necessary, 

and, where appropriate, require industrial management practices plans 

and other pollution prevention activities to reduce or control the 

discharge of each such pollutant by industrial dischargers to the POTW. 

If such monitoring and technical review of data indicate that a local 

limit is needed, the POTW shall establish and implement a local limit.

    (2) Any local limits developed to meet the requirements of 

paragraphs (b)(1)(i) and (c)(1) of this section shall be:

    (i) Consistent with all applicable requirements of 40 CFR part 403 

and

    (ii) Subject to approval by the Administrator as part of the 301(h) 

application review. The Administrator may require such local limits to 

be revised as necessary to meet the requirements of this section or 40 

CFR part 403.

    (d) Secondary removal equivalency. An applicant shall demonstrate 

that it achieves secondary removal equivalency through the use of a 

secondary treatment pilot (demonstration) plant at the applicant's 

facility which provides an empirical determination of the amount of a 

toxic pollutant removed by the application of secondary treatment to the 

applicant's influent where the applicant's influent has not been 

pretreated. Alternatively, an applicant may make this determination 

using influent that has received industrial pretreatment, 

notwithstanding the definition of secondary removal equivalency in Sec.  

125.58(w). The NPDES permit shall include effluent limits based on the 

data from the secondary equivalency demonstration when those limits are 

more stringent than effluent limits based on State water quality 

standards or water quality criteria, if applicable, or are otherwise 

required to assure that all applicable environmental protection criteria 

are met. Once such effluent limits are established in the NPDES permit, 

the POTW may either establish local limits or perform additional 

treatment at the POTW or a combination of the two to achieve the permit 

limit.



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