from areas subject to contamination solely by fallout from air emissions of PCBs; or to stormwater runoff that exceeds that from the ten-year 24hour rainfall event. (2) Analytical Method Acceptable. Environmental Protection Agency method specified in 40 CFR Part 136, except that a 1-liter sample size is required to increase analytical sensitivity. (3) Effluent Standards-(i) Existing Sources. PCBs are prohibited in any discharge from any electrical transformer manufacturer; (ii) New Sources. PCBs are prohibited in any discharge from any electrical transformer manufacturer. (e) Adjustment of effluent standard for presence of PCBs in intake water. Whenever a facility which is subject to these standards has PCBs in its effluent which result from the presence of PCBS in its intake waters, the owner may apply to the Regional Administrator (or State Director, if appropriate), for a credit pursuant to the provisions of § 129.6, where the source of the water supply is the same body of water into which the discharge is made. The requirement of paragraph (1) of §.129.6(a), relating to the source of the water supply, shall be waived, and such facility shall be eligible to apply for a credit under § 129.6, upon a showing by the owner or operator of such facility to the Regional Administrator (or State Director, if appropriate) that the concentration of PCBs in the intake water supply of such facility does not exceed the concentration of PCBs in the receiving water body to which the plant discharges its effluent. [42 FR 6555, Feb. 2, 1977] SOURCE: 38 FR 22298, Aug. 17, 1973, unless otherwise noted. § 133.100 Purpose. This part provides information on the level of effluent quality attainable through the application of secondary treatment. § 133.101 Authority. The information contained in this part is provided pursuant to sections 304(d)(1) and 301(b)(1)(B) of the Federal Water Pollution Control Act Amendments of 1972, Pub. L. 92-500 (the Act). § 133.102 Secondary treatment. The following paragraphs describe the minimum level of effluent quality attainable by secondary treatment in terms of the parameters-biochemical oxygen demand, suspended solids and pH. All requirements for each parameter shall be achieved except as provided for in § 133.103. (a) Biochemical Oxygen Demand (five-day). (1) The arithmetic mean of the values for effluent samples collected in a period of 30 consecutive days shall not exceed 30 milligrams per liter. (2) The arithmetic mean of the values for effluent samples collected in a period of 7 consecutive days shall not exceed 45 milligrams per liter. (3) The arithmetic mean of the values for effluent samples collected in a period of 30 consecutive days shall not exceed 15 percent of the arithmetic mean of the values for influent samples collected at approximately the same times during the same period (85 percent removal). (b) Suspended solids. (1) The arithmetic mean of the values for effluent samples collected in a period of 30 consecutive days shall not exceed 30 milligrams per liter. (2) The arithmetic mean of the values for effluent samples collected in a period of 7 consecutive days shall not exceed 45 milligrams per liter. (3) The arithmetic mean of the values for effluent samples collected in a period of 30 consecutive days shall not exceed 15 percent of the arithmetic mean of the values for influent samples collected at approximately the same times during the same period (85 percent removal). (c) pH. The effluent values for pH shall be maintained within the limits of 6.0 to 9.0 unless the publicly owned treatment works demonstrates that: (1) Inorganic chemicals are not added to the waste stream as part of the treatment process; and (2) Contributions from industrial sources do not cause the pH of the effluent to be less than 6.0 or greater than 9.0. [41 FR 30788, July 26, 1976] § 133.103 Special considerations. (a) Combined sewers. Secondary treatment may not be capable of meeting the percentage removal requirements of paragraphs (a)(3) and (b)(3) of § 133.102 during wet weather in treatment works which receive flows from combined sewers (sewers which are designed to transport both storm water and sanitary sewage). For such treatment works, the decision must be made on a case-by-case basis as to whether any attainable percentage removal level can be defined, and if so, what that level should be. ment is made, the values for biochemical oxygen demand or suspended solids in paragraphs (a)(2) and (b)(2) of § 133.102 should be adjusted proportionally. (c) The Regional Administrator (or, if appropriate, the State subject to EPA approval) is authorized to adjust the minimum levels of effluent quality set forth in paragraphs (b) (1), (2), and (3) of § 133.102 for treatment works subject to this part, to conform to the suspended solids concentrations achievable with best waste stabilization pond technology, Provided that: (1) Waste stabilization ponds are the sole process used for secondary treatment; (2) the maximum facility design capacity is two million gallons per day or less; and (3) operation and maintenance data indicate that the requirements of paragraphs (b) (1), (2), and (3) of § 133.102 cannot be achieved. The term "best waste stabilization pond technology" means a suspended solids value, determined by the Regional Administrator (or, if appropriate, the State Director subject to EPA approval), which is equal to the effluent concentration achieved 90 percent of the time within a State or appropriate contiguous geographical area by waste stabilization ponds that are achieving the levels of effluent quality established for biochemical oxygen demand in § 133.102(a). [38 FR 22298, Aug. 17, 1973, as amended at 42 FR 5665, Oct. 7, 1977] § 133.104 Sampling and test procedures. (a) Sampling and test procedures for pollutants listed in § 133.102 shall be in accordance with guidelines promulgated by the Administrator pursuant to sections 304(g) and 402 of the Act. (b) Industrial wastes. For certain industrial categories, the discharge to navigable waters of biochemical oxygen demand and suspended solids permitted under sections 301(b)(1)(A)(i) or 306 of the Act may be less stringent than the values given in paragraphs (a)(1) and (b)(1) of § 133.102. In cases when wastes would be introduced from such an industrial category into a publicly owned treatment works, the values for biochemical oxygen demand and suspended solids in paragraphs (a)(1) and (b)(1) of § 133.102 may be adjusted upwards Provided that: (1) The permitted discharge of such pollutants, attributable to the industrial category, would not be greater than that which would be permitted under section 301(b)(1) (a)(i) or 306 of the Act if such industrial category were to discharge directly into the navigable waters, and (2) the flow or loading of such pollutants introduced by the industrial category exceeds 10 percent of the design flow or loading of the publicly owned treatment works. When such an adjust- 135.3 (b) Chemical oxygen demand (COD) or total organic carbon (TOC) may be substituted for biochemical oxygen demand (BOD) when a long-term BOD: COD or BOD:TOC correlation has been demonstrated. Sec. PART 135-PRIOR NOTICE OF 135.1 Purpose. 135.2 Service of notice. Contents of notice. (a) Notice of intent to file suit pursuant to section 505(a)(1) of the Act shall be served upon an alleged violator of an effluent standard or limitation under the Act, or an order issued by the Administrator or a State with respect to such a standard or limitation, in the following manner: (1) If the alleged violator is an individual or corporation, service of notice shall be accomplished by certified mail addressed to, or by personal service upon, the owner or managing agent of the building, plant, installation, vessel, facility, or activity alleged to be in violation. A copy of the notice shall be mailed to the Administrator of the Environmental Protection Agency, the Regional Administrator of the Environmental Protection Agency for the region in which such violation is alleged to have occurred, and the chief administrative officer of the water pollution control agency for the State in which the violation is alleged to have occurred. If the alleged violator is a corporation, a copy of such notice also shall be mailed to the registered agent, if any, of such corporation in the State in which such violation is alleged to have occurred. (2) If the alleged violator is a State or local agency, service of notice shall be accomplished by certified mail ad dressed to, or by personal service upon, the head of such agency. A copy of such notice shall be mailed to the chief administrative officer of the water pollution control agency for the State in which the violation is alleged to have occurred, the Administrator of the Environmental Protection Agency, and the Regional Administrator of the Environmental Protection Agency for the region in which such violation is alleged to have occurred. (3) If the alleged violator is a Federal agency, service of notice shall be accomplished by certified mail addressed to, or by personal service upon, the head of such agency. A copy of such notice shall be mailed to the Administrator of the Environmental Protection Agency, the Regional Administrator of the Environmental Protection Agency for the region in which such violation is alleged to have occurred, the Attorney General of the United States, and the Chief administrative officer of the water pollution control agency for the State in which the violation is alleged to have occurred. (b) Service of notice of intent to file suit pursuant to section 505(a)(2) of the Act shall be accomplished by certified mail addressed to, or by personal service upon, the Administrator, Environmental Protection Agency, Washington, D.C. 20460. A copy of such notice shall be mailed to the Attorney General of the United States. (c) Notice given in accordance with the provisions of this part shall be deemed to have been served on the postmark date if mailed, or on the date of receipt if served personally. § 135.3 Contents of notice. (a) Violation of standard, limitation or order. Notice regarding an alleged violation of an effluent standard or limitation or of an order with respect thereto, shall include sufficient information to permit the recipient to identify the specific standard, limitation, or order alleged to have been violated, the activity alleged to constitute a violation, the person or persons responsible for the alleged violation, the location of the alleged violation, the date or dates of such violation, and the full K " name, address, and telephone number of the person giving notice. (b) Failure to act. Notice regarding an alleged failure of the Administrator to perform any act or duty under the Act which is not discretionary with the Administrator shall identify the provision of the Act which requires such act or creates such duty, shall describe with reasonable specificity the action taken or not taken by the Administrator which is alleged to constitute a failure to perform such act or duty, and shall state the full name, address and telephone number of the person giving the notice. (c) Identification of counsel. The notice shall state the name, address, and telephone number of the legal counsel, if any, representing the person giving the notice. (a) "Act" means the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1314, et seq. (b) "Administrator" means the Administrator of the U.S. Environmental Protection Agency. (c) "Regional Administrator" means one of the EPA Regional Administrators. (d) "Director" means the Director of the State Agency authorized to carry out an approved National Pollutant Discharge Elimination System Program under section 402 of the Act. (e) "National Pollutant Discharge Elimination System (NPDES)" means the national system for the issuance 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. (f) "Standard Methods" means Standard Methods for the Examination of Water and Waste Water, 14th Edition, 1976. This publication is available from the American Public Health Association, 1015 18th Street, N.W., Washington, D.C. 20036. (g) "ASTM" means Annual Book of Standards, Part 31, Water, 1975. This publication is available from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103. (h) "EPA Methods" means Methods for Chemical Analysis of Water and Waste, 1974. Methods Development and Quality Assurance Research Laboratory, National Environmental Research Center, Cincinnati, Ohio 45268; U.S. Protection Agency, Office of Technology Transfer, Industrial Environmental Research Laboratory, Cincinnati, Ohio 45268. This publication is available from the Office of Technology Transfer. Environmental test descriptions and references in Table I. The discharge parameter values for which reports are required must be determined by one of the standard analytical methods cited and described in Table I, or under certain circumstances by other methods that may be more advantageous to use when such other methods have been previously approved by the Regional Administrator of the Region in which the discharge will occur, and providing that the Director of the State in which such discharge will occur does not object to the use of such alternate test procedures. (b) Under certain circumstances the Regional Administrator or the Direc tor in the Region or State where the discharge will occur may determine for a particular discharge that additional parameters or pollutants must Under be reported. such circumstances, additional test procedures for analysis of pollutants may be specified by the Regional Administrator, or the Director upon the recommendation of the Director of the Environmental Monitoring and Support Laboratory, Cincinnati. (c) Under certain circumstances, the Administrator may approve, upon recommendation by the Director, Environmental Monitoring and Support Laboratory, Cincinnati, additional alternate test procedures for nationwide use. |