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propriate. All interested and affected parties will be given reasonable opportunity to present evidence and testimony at a public hearing on the question whether to grant or deny certification if the Regional Administrator determines that such a hearing is necessary or appropriate. 8 123.24 Certification.

If, after considering the complete description, the record of a hearing, if any, held pursuant to 8 123.23, and such other information and data as the Regional Administrator deems relevant, the Regional Administrator determines that there is reasonable assurance that the proposed activity will not result in a violation of applicable water quality standards, he shall so certify. If the Regional Administrator determines that no water quality standards are applicable to the waters which might be affected by the proposed activity, he shall so notify the applicant and the licensing or permitting agency in writing and shall provide the licensing or permitting agency with advice, suggestions, and recommendations with respect to conditions to be incorporated in any license or permit to achieve compliance with the purpose of this Act. In such case, no certification shall be required. § 123.25 Adoption of new water quality

standards.
(a) In any case where:

(1) A license or permit was issued without certification due to the absence of applicable water quality standards; and

(2) Water quality standards applicable to the waters into which the licensed or permitted activity may discharge are subsequently established; and

(3) The Administrator is the certifying agency because:

(i) No State or interstate agency has authority to certify; or

(ii) Such new standards were promulgated by the Administrator pursuant to section 10(C) (2) of the Act; and

(4) The Regional Administrator determines that such uncertified activity is violating water quality standards; Then the Regional Administrator shall notify the licensee or permittee of such violation, including his recommendations as to actions necessary for compliance. If the licensee or permittee fails

within 6 months of the date of such notice to take action which in the opinion of the Regional Administrator will result in compliance with applicable water quality standards, the Regional Administrator shall notify the licensing or permitting agency that the licensee or permittee has failed, after reasonable notice, to comply with such standards and that suspension of the applicable license or permit is required by section 21(b) (9) (B) of the Act.

(b) Where a license or permit is suspended pursuant to paragraph (a) of this section, and where the licensee or permittee subsequently takes action which in the Regional Administrator's opinion will result in compliance with applicable water quality standards, the Regional Administrator shall then notify the licensing or permitting agency that there is reasonable assurance that the licensed or permitted activity will comply with applicable water quality standards. 8 123.26 Inspection of facility or active

ity before operation. Where any facility or activity has received certification pursuant to 8 123.24 in connection with the issuance of a license or permit for construction, and where such facility or activity is not required to obtain an operating license or permit, the Regional Administrator or his representative, prior to the initial operation of such facility or activity, shall be afforded the opportunity to inspect such facility or activity for the pur. pose of determining if the manner in which such facility or activity will be operated or conducted will violate applicable water quality standards. & 123.27 Notification to licensing or per

mitting agency, If the Regional Administrator, after an inspection pursuant to $ 123.26, determines that operation of the proposed facility or activity will violate applicable water quality standards, he shall so notify the applicant and the licensing or permitting agency, including his recommendations as to remedial measures necessary to bring the operation of the proposed facility into compliance with such standards. § 123.28 Termination of suspension.

Where a licensing or permitting agency, following a public hearing, sus

pends a license or permit after receiving the Regional Administrator's notice and recommendation pursuant to $123.27, the applicant may submit evidence to the Regional Administrator that the facility or activity or the operation or conduct thereof has been modified so as not to violate water quality standards. If the Regional Administrator determines that water quality standards will not be violated, he shall so notify the licensing or permitting agency.

Subpart D-Consultations § 123.30 Review and advice.

The Regional Administrator may, and upon request shall, provide licensing and permitting agencies with determinations, definitions and interpretations with respect to the meaning and content of water quality standards where they have been federally approved under section 10 of the Act, and findings with respect to the application of all applicable water quality standards in particular cases and in specific circumstances relative to an activity for which a license or permit is sought. The Regional Administrator may, and upon request shall, also advise licensing and permitting agencies as to the status of compliance by dischargers with the conditions and requirements of applicable water quality standards. In cases where an activity for which a license or permit is sought will affect water quality, but for which there are no applicable water quality standards, the Regional Administrator may advise licensing or permitting agencies with respect to conditions of such license or permit to achieve compliance with the purpose of the Act.

Subpart C-Acquisition of Data Sec. 124.21 Application for NPDES permit. 124.22 Receipt and use of Federal data. 124.23 Transmission of data to Regional

Administrator. 124.24 Identity of signatories to NPDES

forms. Subpart D-Notice and Public Participation 124.31 Formulation of tentative determina

tions and draft NPDES permits. 124.32 Public Notice. 124.33 Fact sheets. 124.34 Notice to other Government agen

cies. 124.35 Public access to information, 124.36 Public hearings. 124.37 Public notice of public hearings. Subpart E-Terms and Conditions of NPDES

Permits 124.41 Prohibited discharges. 124.42 Application of effluent standards and

limitations, water quality stand

ards and other requirements. 124.43 Effluent limitations in issued NPDES

permits. 124.44 Schedules of compliance in issued

NPDES permits. 124.45 Other terms and conditions of is

sued NPDES permits. 124.46 Transmission to Regional Adminis

trator of proposed NPDES permits. 124.47 Transmission to Regional Adminis

trator of issued NPDES permits. Subpart F-Duration and Review of NPDES

Permits Sec. 124.51 Duration of issued NPDES permits. 124.52 Reissuance of NPDES permits. Subpart G-Monitoring, Recording, and Reporting 124.61 Monitoring. 124.62 Recording of monitoring activities

and results. 124.63 Reporting of monitoring results. 124.64 NPDES monitoring, recording, and

reporting requirements.

Subpart H-Enforcement Provisions 124.71 Receipt and followup of notifications

and reports. 124.72 Modification, suspension and revo

cation of NPDES permits. 124.73 Enforcement.

Subpart 1-Disposal of Pollutants Into Wells 124.80 Control of disposal of pollutants

into wells. Subpart J—Resources, Planning and Other

Requirements 124.91 Availability of resources. 124.92 Inspection and surveillance support

for NPDES permits.

PART 124-STATE PROGRAM ELEMENTS

NECESSARY FOR PARTICIPATION IN
THE NATIONAL POLLUTANT DIS-
CHARGE ELIMINATION SYSTEM

Subpart A-General Sec. 124.1 Definitions, 124.2 Scope and purpose. 124.3 Form of authority cited by Attorney

General 124.4 Authority for State program proce

dures.

Subpart BProhibition of Discharges of

Pollutants 124.10 Prohibition of discharges into State

waters.

.

Sec. 124.93 Continuing planning process. 124.94 Agency Board membership. Subpart K-NPDES Application and Reporting

Forms [Reserved] Appendix A-Sample Public Notice. Appendix B-Sample Fact Sheet. Appendix C—Sample Public Notice for Pub

lic Hearings. AUTHORITY: Section 304, 84 Stat. 816, 33 U.S.C. 1251 (1972).

SOURCE: 37 FR 28391, Dec. 22, 1972, unless otherwise noted.

Subpart A-General & 124.1 Definitions.

As used in this part, the following terms shall have the meanings indicated below:

(a) The term “Act" means the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.

(b) The term "Refuse Act” means section 13 of the River and Harbor Act of March 3, 1899.

(c) The term "EPA” means the U.S. Environmental Protection Agency.

(d) The term “Administrator" means the Administrator of the U.S. Environmental Protection Agency.

(e) The term "Regional Administrator" means one of the EPA Regional Administrators.

(f) The term “Director” means the chief administrative officer of a State water pollution control agency or interstate agency. In the event responsibility for water pollution control and enforcement is divided among two or more State or interstate agencies, the term "Director” means the administrative officer authorized to perform the particular procedure to which reference is made.

(g) The term “National Pollutant Discharge Elimination System (NPDES)” means the national system for the issu. ance of permits under section 402 of the Act and includes any State or interstate program which has been approved by the Administrator, in whole or in part, pursuant to section 402 of the Act.

(h) The term "NPDES application" means the uniform national forms (including subsequent additions, revisions, or modifications duly promulgated by the Administrator pursuant to the Act) for application for an NPDES permit.

(i) The term "NPDES reporting form" means the uniform national forms (including subsequent additions, revisions, or modifications duly promulgated by the

Administrator pursuant to the Act) for reporting data and information pursuant to monitoring and other conditions of NPDES permits.

(j) The term “NPDES permit" means any permit or equivalent document or requirements issued by the Administrator, or, where appropriate, by the Director, after enactment of the Federal Water Pollution Control Amendments of 1972, to regulate the discharge of pollutants pursuant to section 402 of the Act.

(k) The term "NPDES form" means any issued NPDES permit and any uniform national form developed for use in the NPDES and prescribed in regulations promulgated by the Administrator, including the Refuse Act application, the NPDES application and the NPDES reporting forms.

(1) The term "Refuse Act application" means the application for a permit under the Refuse Act.

(m) The term “Refuse Act permit" means any permit issued under the Refuse Act.

(n) The definitions of the following terms contained in section 502 of the Act shall be applicable to such terms as used in this part unless the context otherwise requires: "State water pollution control agency (referred to herein as "State agency'),” “interstate agency,” “State," "municipality," "person," "pollutant." “navigable waters,” “territorial seas," "contiguous zone," "ocean," "effluent limitations," "discharge of a pollutant," "toxic pollutant," "point source," "biological monitoring," "discharge," "schedule of compliance," "industrial user," and "pollution.”

(0) The term "national data bank" means a facility or system established or to be established by the Administrator for the purposes of assembling, organizing, and analyzing data pertaining to water quality and the discharge of pollutants.

(p) The term “applicable water quality standards" means all water quality standards to which a discharge is subject under the Act and which have been (1) approved or permitted to remain in effect by the Administrator pursuant to section 303(a) or 303(c) of the Act, or (2) promulgated by the Administrator pursuant to section 303(b) or 303(c) of the Act.

(q) The term "applicable effluent standards and limitations" means all State and Federal effluent standards and limitations to which a discharge is sub

ject under the Act, including, but not limited to, effluent limitations, standards of performance, toxic effluent standards and prohibitions, and pretreatment standards.

(Comment. The House committee print states: "The committee points out, as it did in the discussion of section 401, that the term 'applicable' used in section 402 has two meanings. It means that the requirement which the term 'applicable' refers to must be pertinent and apply to the activity and the requirement must be in existence by having been promulgated or implemented.")

ir) The term “minor discharge” means any discharge which (1) has a total volume of less than 50,000 gallons on every day of the year, (2) does not affect the waters of any other State, and (3) is not identified by the Director, the Regional Administrator, or by the Administrator in regulations issued pursuant to section 307(a) of the Act as a discharge which is not a minor discharge. If there is more than one discharge from a facility and the sum of the volumes of all discharges from the facility exceeds 50,000 gallons on any day of the year, then no discharge from the facility is a "minor discharge" as defined herein. $ 124.2 Scope and purpose.

(a) This part establishes guidelines specifying procedural and other elements which must be present in a state or interstate program in order to obtain approval of the Administrator pursuant to section 402 of the Federal Water Pollution Control Act, as amended, 86 Stat. 816, 33 U.S.C. 1251.

(b) A submitted State or interstate program which conforms to the guidelines of this part and which meets the requirements of section 402 of the Act shall be approved by the Administrator. Upon approval, the Administrator shall suspend his issuance of NPDES permits as to those point sources subject to such approved program.

(c) Any State program which obtains the approval of the Administrator pursuant to section 402 of the Act shall at all times be in accordance with section 402 and the guidelines contained in this part. $ 124.3 Form of authority cited by

Attorney General. All authorities cited by the State attorney general as authority adequate to meet the requirements of section 402(b) of the Act (a) shall be in the form of lawfully promulgated State statutes and regulations and (b) shall be in full force

and effect at the time the Attorney General signs the Attorney General's statement. $ 124.4 Authority for State program

procedures. (a) All procedures which the State proposes to establish and administer to conform with the requirements of this part shall be set forth in State statutes or lawfully promulgated State regulations. Such State statutes and regulations shall be in full force and effect at the time the Governor submits the State program to the Regional Administrator.

(b) Notwithstanding paragraph (a) of this section, if the State or interstate agency has the statutory authority to establish and administer the procedures which conform to the requirements of this part, regulations setting forth the requirements of this part may be promulgated by the State subsequent to the time the Governor submits the State program to the Regional Administrator, if the Administrator finds the following:

(1) The State has submitted a full and complete description of procedures to administer its program in conformance with the requirements of this part; and

(2) The State has made a written commitment to the Administrator to promulgate regulations which meet the requirements of paragraph (a) of this section by January 1, 1974. Subpart B-Prohibition of Discharges

of Pollutants § 124.10 Prohibition of discharges into

State waters. Any State or interstate program participating in the NPDES must have a statute or regulation, enforceable in State courts, which prohibits discharges of pollutants by any person, except as authorized pursuant to an NPDES permit.

(Comment. For the purposes of this subpart, a State or interstate program shall qualify for participation in the NPDES if it prohibits discharges of pollutants to the same extent such discharges are prohibited in section 301(a) of the Act. It is recognized that some State or interstate programs presently exempt or exclude certain categories, types, or sizes of point sources from the general prohibition of the unauthorized discharge of pollutants or from the requirement of obtaining a permit. Other States have in effect "grandfather" clauses which either exempt discharges already in existence or provide for automatic issuance of a permit to existing dischargers. Exceptions to the general prohibition cannot be approved. Depending on

their scope and nature, any such exceptions will either (1) constitute grounds for withholding approval of the entire submitted program until such time as the State or interstate agency revises or modifies Its program to conform to this subpart, or (2) constitute categories, types, or sizes of point sources for which the Administrator will not suspend the issuance of NPDES permits. In the latter case, the Administrator will issue NPDES permits for those point sources not subject to the State or interstate agency's authority.)

Subpart (-Acquisition of Data § 124.21 Application for NPDES permit.

Procedures of any State or interstate agency participating in the NPDES shall insure that every applicant for an NPDES permit complies with NPDES filing requirements. Such procedures and requirements shall include the following:

(a) A requirement that any person discharging pollutants must:

(1) Have filed a complete Refuse Act application; or,

(2) File a complete NPDES application no later than 60 days following receipt by the applicant of notice from the Director that the applicant's previously filed Refuse Act application is so deficient as not to have satisfied the filing requirements; or,

(3) File a complete NPDES application within a stated period, not to exceed any applicable periods specified in Federal regulations for persons filing under the NPDES.

(Comment. Federal filing requirements for the NPDES include the timely filing of a properly completed Refuse Act or NPDES application form. State and interstate agencies may specify, where necessary, additional filing requirements such as the submission of engineering reports, plans, and specifications for present or proposed treatment or control of discharges of pollutants. While duplication should be avoided, the Administrator recognizes that the NPDES application form may not by itself satisfy the needs of every participating program.)

(b) A requirement that any person wishing to commence discharges of pollutants after the applicable period in paragraph (a) (3) of this section, must file a complete NPDES application either (1) no less than 180 days in advance of the date on which it is desired to commence the discharge of pollutants, or (2) in sufficient time prior to the commencement of the discharge of pollutants to insure compliance with the require. ments of section 306 of the Act, or with

any applicable zoning or siting requirements established pursuant to section 208(b) (2) (C) of the Act, and any other applicable water quality standards and applicable effluent standards and limitations.

(Comment. The purpose of this requirement is to insure that the Director has suffcient time to examine applications from new sources of discharge of pollutants and to apply standards of performance without unnecessarily delaying scheduled startup. The sooner the Director can specify requirements for new sources, the more easily the applicant can modify his plans, if necessary, without disruption and waste. Those State or interstate agencies which begin review at the planning stages of a new project are in the best position to insure orderly compliance with new source standards.)

(c) Procedures which (1) enable the Director to require the submission of additional information after a Refuse Act or an NPDES application has been filed, and (2) insure that, if a Refuse Act or NPDES application is incomplete or otherwise deficient, processing of the application shall not be completed until such time as the applicant has supplied the missing information or otherwise corrected the deficiency.

(Comment, The Director may find he needs information other than that initially filed by the applicant in order to make a permit decision. The Director should not hesitate to go back to the applicant for further information. In some cases, nothing less than an on-site inspection of an applicant's pollution control technology and practices will suffice.

No NPDES permit should be issued until the applicant has fully complied with the filing requirements specified in this subpart. If an applicant fails or refuses to correct deficiencies in his NPDES application form, the Director should take timely enforcement action.)

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