[Code of Federal Regulations]

[Title 40, Volume 28]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR401.12]



[Page 7-8]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 401_GENERAL PROVISIONS--Table of Contents

 

Sec.  401.12  Law authorizing establishment of effluent limitations 

guidelines for existing sources, standards of performance for new 

sources and pretreatment standards of new and existing sources.



    (a) Section 301(a) of the Act provides that ``except as in 

compliance with this section and sections 302, 306, 307, 318, 402 and 

404 of this Act, the discharge of any pollutant by any person shall be 

unlawful.''

    (b) Section 301(b) of the Act requires the achievement by not later 

than July 1, 1977, of effluent limitations for point sources, other than 

publicly owned treatment works, which require the application of the 

best practicable control technology currently available as determined by 

the Administrator pursuant to section 304(b)(1) of the Act. Section 

301(b) also requires the achievement by not later than July 1, 1983, of 

effluent limitations for point sources, other than publicly owned 

treatment works, which require the application of the best available 

technology economically achievable which will result in reasonable 

further progress toward the national goal of eliminating the discharge 

of all pollutants, as determined in accordance with regulations issued 

by the Administrator pursuant to section 304(b)(2) of the Act.

    (c) Section 304(b) of the Act requires the Administrator to publish 

regulations providing guidelines for effluent limitations setting forth 

the degree of effluent reduction attainable through the application of 

the best practicable control technology currently available and the 

degree of effluent reduction attainable through the application of the 

best control measures and practices achievable including treatment 

techniques, process and procedure innovations, operating methods and 

other alternatives.

    (d) Section 304(c) of the Act requires the Administrator, after 

consultation with appropriate Federal and State agencies and other 

interested persons to issue information on the process, procedures, or 

operating methods which result in the elimination or reduction of the 

discharge of pollutants to implement standards of performance under 

section 306 of the Act.

    (e) Section 306(b)(1)(B) of the Act requires the Administrator, 

after a category of sources is included in a list published pursuant to 

section 306(b)(1)(A) of the Act, to propose regulations establishing 

Federal standards of performances for new sources within such category. 

Standards of performance are to provide for the control of the discharge 

of pollutants which reflect the greatest degree of effluent reduction 

which the Administrator determines to be achievable through application 

of the best available demonstrated control technology, processes, 

operating methods, or other alternatives, including, where practicable, 

a standard permitting no discharge of pollutants.

    (f) Section 307(b) provides that the Administrator shall establish 

pretreatment standards which shall prevent the discharge of any 

pollutant into publicly owned treatment works which pollutant interferes 

with, passes



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through untreated, or otherwise is incompatible with such works.

    (g) Section 307(c) of the Act provides that the Administrator shall 

promulgate pretreatment standards for sources which would be ``new 

sources'' under section 306 (if they were to discharge pollutants 

directly to navigable waters) at the same time standards of performance 

for the equivalent category of new sources are promulgated.

    (h) Section 316(b) of the Act provides that any standard established 

pursuant to section 301 or section 306 of the Act and applicable to a 

point source shall require that the location, design, construction, and 

capacity of cooling water intake structures reflect the best technology 

available for minimizing adverse environmental impact.

    (i) Section 402(a)(1) of the Act provides that the Administrator may 

issue permits for the discharge of any pollutant upon condition that 

such discharge will meet all applicable requirements under sections 301, 

302, 306, 307, 308 and 403 of this Act. In addition, section 

402(b)(1)(A) of the Act requires that permits issued by States under the 

National Pollutant Discharge Elimination System (NPDES) established by 

the Act must apply, and insure compliance with any applicable 

requirements of sections 301, 302, 306, 307 and 403 of the Act.