[Code of Federal Regulations] [Title 40, Volume 21] [Revised as of July 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR122.1] [Page 131-133] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 122_EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM--Table of Contents Subpart A_Definitions and General Program Requirements Sec. 122.1 Purpose and scope. Subpart A_Definitions and General Program Requirements Sec. 122.1 Purpose and scope. 122.2 Definitions. 122.3 Exclusions. 122.4 Prohibitions (applicable to State NPDES Programs, see Sec. 123.25). 122.5 Effect of a permit. 122.6 Continuation of expiring permits. 122.7 Confidentiality of information. Subpart B_Permit Application and Special NPDES Program Requirements 122.21 Application for a permit (applicable to State programs, see Sec. 123.25). 122.22 Signatories to permit applications and reports (applicable to State programs, see Sec. 123.25). 122.23 Concentrated animal feeding operations (applicable to State NPDES programs, see Sec. 123.25). 122.24 Concentrated aquatic animal production facilities (applicable to State NPDES programs, see Sec. 123.25). 122.25 Aquaculture projects (applicable to State NPDES programs, see Sec. 123.25). 122.26 Storm water discharges (applicable to State NPDES programs, see Sec. 123.25). 122.27 Silvicultural activities (applicable to State NPDES programs, see Sec. 123.25). [[Page 132]] 122.28 General permits (applicable to State NPDES programs, see Sec. 123.25). 122.29 New sources and new dischargers. 122.30 What are the objectives of the storm water regulations for small MS4s? 122.31 As a Tribe, what is my role under the NPDES storm water program? 122.32 As an operator of a small MS4, am I regulated under the NPDES storm water program? 122.33 If I am an operator of a regulated small MS4, how do I apply for an NPDES permit and when do I have to apply? 122.34 As an operator of a regulated small MS4, what will my NPDES MS4 storm water permit require? 122.35 As an operator of a regulated small MS4, may I share the responsibility to implement the minimum control measures with other entities? 122.36 As an operator of a regulated small MS4, what happens if I don't comply with the application or permit requirements in Sec. Sec. 122.33 through 122.35? 122.37 Will the small MS4 storm water program regulations at Sec. Sec. 122.32 through 122.36 and Sec. 123.35 of this chapter change in the future? Subpart C_Permit Conditions 122.41 Conditions applicable to all permits (applicable to State programs, see Sec. 123.25). 122.42 Additional conditions applicable to specified categories of NPDES permits (applicable to State NPDES programs, see Sec. 123.25). 122.43 Establishing permit conditions (applicable to State programs, see Sec. 123.25). 122.44 Establishing limitations, standards and other permit conditions (applicable to State NPDES programs, see Sec. 123.25). 122.45 Calculating NPDES permit conditions (applicable to State NPDES programs, see Sec. 123.25). 122.46 Duration of permits (applicable to State programs, see Sec. 123.25). 122.47 Schedules of compliance. 122.48 Requirements for recording and reporting of monitoring results (applicable to State programs, see Sec. 123.25). 122.49 Considerations under Federal law. 122.50 Disposal of pollutants into wells, into publicly owned treatment works or by land application (applicable to State NPDES programs, see Sec. 123.25). Subpart D_Transfer, Modification, Revocation and Reissuance, and Termination of Permits 122.61 Transfer of permits (applicable to State programs, see Sec. 123.25). 122.62 Modification or revocation and reissuance of permits (applicable to State programs, see Sec. 123.25). 122.63 Minor modifications of permits. 122.64 Termination of permits (applicable to State programs, see Sec. 123.25). Appendix A to Part 122--NPDES Primary Industry Categories Appendix B to Part 122 [Reserved] Appendix C to Part 122--Criteria for Determining a Concentrated Aquatic Animal Production Facility (Sec. 122.24) Appendix D to Part 122--NPDES Permit Application Testing Requirements (Sec. 122.21) Appendix E to Part 122--Rainfall Zones of the United States Appendix F to Part 122--Incorporated Places With Populations Greater Than 250,000 According to the 1990 Decennial Census by the Bureau of the Census Appendix G to Part 122--Incorporated Places With Populations Greater Than 100,000 But Less Than 250,000 According to the 1990 Decennial Census by the Bureau of the Census Appendix H to Part 122--Counties with Unincorporated Urbanized Areas With a Population of 250,000 or More According to the 1990 Decennial Census by the Bureau of the Census Appendix I to Part 122--Counties With Unincorporated Urbanized Areas Greater Than 100,000, But Less Than 250,000 According to the 1990 Decennial Census by the Bureau of the Census Appendix J to Part 122--NPDES Permit Testing Requirements for Publicly Owned Treatment Works (Sec. 122.21(j)) Authority: The Clean Water Act, 33 U.S.C. 1251 et seq. Source: 48 FR 14153, Apr. 1, 1983, unless otherwise noted. (a) Coverage. (1) The regulatory provisions contained in this part and parts 123, and 124 of this chapter implement the National Pollutant Discharge Elimination System (NPDES) Program under sections 318, 402, and 405 of the Clean Water Act (CWA) (Public Law 92-500, as amended, 33 U.S.C. 1251 et seq.) (2) These provisions cover basic EPA permitting requirements (this part 122), what a State must do to obtain approval to operate its program in lieu of a Federal program and minimum requirements for administering the approved State program (part 123 of this [[Page 133]] chapter), and procedures for EPA processing of permit applications and appeals (part 124 of this chapter). (3) These provisions also establish the requirements for public participation in EPA and State permit issuance and enforcement and related variance proceedings, and in the approval of State NPDES programs. These provisions carry out the purposes of the public participation requirements of part 25 of this chapter, and supersede the requirements of that part as they apply to actions covered under this part and parts 123, and 124 of this chapter. (4) Regulatory provisions in Parts 125, 129, 133, 136 of this chapter and 40 CFR subchapter N and subchapter O of this chapter also implement the NPDES permit program. (5) Certain requirements set forth in parts 122 and 124 of this chapter are made applicable to approved State programs by reference in part 123 of this chapter. These references are set forth in Sec. 123.25 of this chapter. If a section or paragraph of part 122 or 124 of this chapter is applicable to States, through reference in Sec. 123.25 of this chapter, that fact is signaled by the following words at the end of the section or paragraph heading: (Applicable to State programs, see Sec. 123.25 of this chapter). If these words are absent, the section (or paragraph) applies only to EPA administered permits. Nothing in this part and parts 123, or 124 of this chapter precludes more stringent State regulation of any activity covered by the regulations in 40 CFR parts 122, 123, and 124, whether or not under an approved State program. (b) Scope of the NPDES permit requirement. (1) The NPDES program requires permits for the discharge of ``pollutants'' from any ``point source'' into ``waters of the United States.'' The terms ``pollutant'', ``point source'' and ``waters of the United States'' are defined at Sec. 122.2. (2) The permit program established under this part also applies to owners or operators of any treatment works treating domestic sewage, whether or not the treatment works is otherwise required to obtain an NPDES permit, unless all requirements implementing section 405(d) of the CWA applicable to the treatment works treating domestic sewage are included in a permit issued under the appropriate provisions of subtitle C of the Solid Waste Disposal Act, Part C of the Safe Drinking Water Act, the Marine Protection, Research, and Sanctuaries Act of 1972, or the Clean Air Act, or under State permit programs approved by the Administrator as adequate to assure compliance with section 405 of the CWA. (3) The Regional Administrator may designate any person subject to the standards for sewage sludge use and disposal as a ``treatment works treating domestic sewage'' as defined in Sec. 122.2, where the Regional Administrator finds that a permit is necessary to protect public health and the environment from the adverse effects of sewage sludge or to ensure compliance with the technical standards for sludge use and disposal developed under CWA section 405(d). Any person designated as a ``treatment works treating domestic sewage'' shall submit an application for a permit under Sec. 122.21 within 180 days of being notified by the Regional Administrator that a permit is required. The Regional Administrator's decision to designate a person as a ``treatment works treating domestic sewage'' under this paragraph shall be stated in the fact sheet or statement of basis for the permit. [Note to Sec. 122.1: Information concerning the NPDES program and its regulations can be obtained by contacting the Water Permits Division(4203), Office of Wastewater Management, U.S.E.P.A., Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460 at (202) 260-9545 and by visiting the homepage at http://www.epa.gov/owm/] [65 FR 30904, May 15, 2000, as amended at 72 FR 11211, Mar. 12, 2007]