[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: 40CFR125.61]

[Page 321]
 
                   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.  125.61  Existence of and compliance with applicable water quality standards.

    (a) There must exist a water quality standard or standards 
applicable to the pollutant(s) for which a section 301(h) modified 
permit is requested, including:
    (1) Water quality standards for biochemical oxygen demand or 
dissolved oxygen;
    (2) Water quality standards for suspended solids, turbidity, light 
transmission, light scattering, or maintenance of the euphotic zone; and
    (3) Water quality standards for pH.
    (b) The applicant must: (1) Demonstrate that the modified discharge 
will comply with the above water quality standard(s); and
    (2) Provide a determination signed by the State or interstate 
agency(s) authorized to provide certification under Sec. Sec.  124.53 
and 124.54 that the proposed modified discharge will comply with 
applicable provisions of State law including water quality standards. 
This determination shall include a discussion of the basis for the 
conclusion reached.