[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: 40CFR125.66]



[Page 325]

 

                   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.  125.66  Toxics control program.



    (a) Chemical analysis. (1) The applicant shall submit at the time of 

application a chemical analysis of its current discharge for all toxic 

pollutants and pesticides as defined in Sec.  125.58(aa) and (p). The 

analysis shall be performed on two 24-hour composite samples (one dry 

weather and one wet weather). Applicants may supplement or substitute 

chemical analyses if composition of the supplemental or substitute 

samples typifies that which occurs during dry and wet weather 

conditions.

    (2) Unless required by the State, this requirement shall not apply 

to any small section 301(h) applicant which certifies that there are no 

known or suspected sources of toxic pollutants or pesticides and 

documents the certification with an industrial user survey as described 

by 40 CFR 403.8(f)(2).

    (b) Identification of sources. The applicant shall submit at the 

time of application an analysis of the known or suspected sources of 

toxic pollutants or pesticides identified in Sec.  125.66(a). The 

applicant shall to the extent practicable categorize the sources 

according to industrial and nonindustrial types.

    (c) Industrial pretreatment requirements. (1) An applicant that has 

known or suspected industrial sources of toxic pollutants shall have an 

approved pretreatment program in accordance with 40 CFR part 403.

    (2) This requirement shall not apply to any applicant which has no 

known or suspected industrial sources of toxic pollutants or pesticides 

and so certifies to the Administrator.

    (3) The pretreatment program submitted by the applicant under this 

section shall be subject to revision as required by the Administrator 

prior to issuing or renewing any section 301(h) modified permit and 

during the term of any such permit.

    (4) Implementation of all existing pretreatment requirements and 

authorities must be maintained through the period of development of any 

additional pretreatment requirements that may be necessary to comply 

with the requirements of this subpart.

    (d) Nonindustrial source control program. (1) The applicant shall 

submit a proposed public education program designed to minimize the 

entrance of nonindustrial toxic pollutants and pesticides into its 

POTW(s) which shall be implemented no later than 18 months after 

issuance of a 301(h) modified permit.

    (2) The applicant shall also develop and implement additional 

nonindustrial source control programs on the earliest possible schedule. 

This requirement shall not apply to a small applicant which certifies 

that there are no known or suspected water quality, sediment 

accumulation, or biological problems related to toxic pollutants or 

pesticides in its discharge.

    (3) The applicant's nonindustrial source control programs under 

paragraph (d)(2) of this section shall include the following schedules 

which are to be implemented no later than 18 months after issuance of a 

section 301(h) modified permit:

    (i) A schedule of activities for identifying nonindustrial sources 

of toxic pollutants and pesticides; and

    (ii) A schedule for the development and implementation of control 

programs, to the extent practicable, for nonindustrial sources of toxic 

pollutants and pesticides.

    (4) Each proposed nonindustrial source control program and/or 

schedule submitted by the applicant under this section shall be subject 

to revision as determined by the Administrator prior to issuing or 

renewing any section 301(h) modified permit and during the term of any 

such permit.