[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: 40CFR129.7]

[Page 379-380]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 129_TOXIC POLLUTANT EFFLUENT STANDARDS--Table of Contents
 
      Subpart A_Toxic Pollutant Effluent Standards and Prohibitions
 
Sec.  129.7  Requirement and procedure for establishing a more stringent effluent limitation.

    (a) In exceptional cases: (1) Where the Regional Administrator (or 
State Director, if appropriate) determines that the ambient water 
criterion established in these standards is not being met or will not be 
met in the receiving water as a result of one or more discharges at 
levels allowed by these standards, and
    (2) Where he further determines that this is resulting in or may 
cause or contribute to significant adverse effects on aquatic or other 
organisms usually or potentially present, or on human health, he may 
issue to an owner or operator a permit or a permit modification 
containing a toxic pollutant effluent limitation at a more stringent 
level than that required by the standard set forth in these regulations. 
Any such action shall be taken pursuant to the procedural provisions of 
40 CFR parts 124 and 125, as appropriate. In any proceeding in 
connection with such action the burden of proof and of going forward 
with evidence with regard to such more stringent effluent limitation 
shall be upon the Regional Administrator (or State Director, if 
appropriate) as the proponent of such more stringent effluent 
limitation.
    (3) Evidence in such proceeding shall include at a minimum: An 
analysis using data and other information to demonstrate receiving water 
concentrations of the specified toxic pollutant, projections of the 
anticipated effects of the proposed modification on such receiving water 
concentrations, and the hydrologic and hydrographic

[[Page 380]]

characteristics of the receiving waters including the occurrence of 
dispersion of the effluent. Detailed specifications for presenting 
relevant information by any interested party may be prescribed in 
guidance documents published from time to time, whose availability will 
be announced in the Federal Register.
    (b) Any effluent limitation in an NPDES permit which a State 
proposes to issue which is more stringent than the toxic pollutant 
effluent standards promulgated by the Administrator is subject to review 
by the Administrator under section 402(d) of the Act. The Administrator 
may approve or disapprove such limitation(s) or specify another 
limitation(s) upon review of any record of any proceedings held in 
connection with the permit issuance or modification and any other 
evidence available to him. If he takes no action within ninety days of 
his receipt of the notification of the action of the permit issuing 
authority and any record thereof, the action of the State permit issuing 
authority shall be deemed to be approved.