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Table of Contents
EPA Administered Permit Programs:
The National Pollutant Discharge Elimination
System
(40CFR122.1 -- 40CFR122.64)
The following is a summary of the referenced federal rules, as published
in the Code of Federal Regulations (CFR). This information is provided
as an aide to help understand the requirements of the federal regulations,
as they pertain to specific industrial or manufacturing operations. This information is not provided nor intended to act as a substitute for
legal or other professional services. CFR citation numbers for each
subpart are indicated, while the full text of the CFR citations can be
viewed by clicking HERE and following the
directions.
Subpart A -- Definitions and General Program Requirements (40CFR122.1
-- 40CFR122.7)
Purpose and Scope (40CFR122.1)
This section provides an overview of the EPA permitting requirements
for a National Pollutant Discharge Elimination System (NPDES) permit for
point source discharge of pollutants into waters of the United States. It also references the minimum requirements for State permitting programs
(40CFR123.1 et seq), and EPA procedures for processing permit applications
and appeals (40CFR124.1 et seq). Additional regulations on
effluent discharges are found in 40CFR116.1 et seq and 40CFR117.1
et seq which identify hazardous substances and their reportable quantities. While release of hazardous substances may be covered under a facility NPDES
permit, notification of this release may be required pursuant to 40CFR302.1
et seq.
Exclusions (40CFR122.3)
Facilities that discharge sewage, industrial wastes, and other pollutants
into publicly owned treatment works (POTWs) are excluded from NPDES permit
regulations. While facilities that discharge to a (POTW) are not
required to obtain a NPDES permit, they may be required to restrict pollutants
in their wastewater to prevent the POTW from violating its NPDES permit. The limits established under a local pretreatment program may be federally
enforceable under the authority of the Clean Water Act.
Prohibitions (40CFR122.4)
No NPDES permit may be issued when the conditions of the permit do
not provide for compliance with the Clean Water Act or where the applicant
has not obtained applicable State authorization. Among other prohibitions,
this section establishes that no NPDES permit may be issued that does not
ensure compliance with applicable State water quality standards.
Effect of a permit (40CFR122.5)
An NPDES permit outlines the requirements a facility must meet to comply
with the Clean Water Act. An NPDES permit does not establish any
special privileges or rights, nor does it infringe upon existing rights,
or State or local law or regulation. This section also establishes
that, for purposes of enforcement, compliance with an NPDES permit during
its term constitutes compliance with the applicable provisions of the Clean
Water Act.
Continuation of expiring permits (40CFR122.6)
The conditions covered under an EPA-issued NPDES permit remain in effect
after it has expired as long as the permittee has submitted a timely and
complete renewal application. An EPA-issued NPDES permit will not
continue beyond its expiration date if a State is the permitting authority,
unless the State allows the EPA-issued permit to continue until a new State-issued
permit becomes effective.
Confidentiality of information (40CFR122.7)
A permittee may claim any information contained in a permit application
as confidential business information and EPA may not release this information
to the public. However, EPA may deny claims for the confidentiality
of certain information, such as the permittee's name and address or effluent
data.
Subpart B -- Permit Application and Special NPDES Program Requirements
(40CFR122.21 -- 40CFR122.29)
Application for a permit (40CFR122.21)
This section outlines the procedure for obtaining and renewing an NPDES
permit. Operators must apply in a timely manner with complete information
for an application to be accepted and approved. Information that
must be submitted includes the size of discharges, types and concentrations
of pollutants, pretreatment available on-site, and the possibility for
variance in pollutants and their concentrations.
Signatories to permit applications and reports (40CFR122.22)
Signature authority for permit applications and reports required by
permits varies for facilities depending on the ownership of the facility.
General permits (40CFR122.28)
This section describes the conditions under which the EPA can issue
a general permit for a geographical area. To be covered under a general
permit, a discharger must submit a notice of intent (NOI) to the EPA. Under certain criteria, a discharger covered under a general permit may
be required by the EPA to apply for an individual permit.
New sources and new discharges (40CFR122.29)
This section defines the criteria for new source determination, discusses
when an environmental impact statement (EIS) is required, and lists the
effects of compliance with new source performance standards.
Subpart C -- Permit Conditions (40CFR122.41 -- 40CFR122.50)
Conditions applicable to all permits (40CFR122.41)
Detailed discussion of the conditions applicable to all permits, including
complying with all permit conditions, providing all information as requested,
allowing inspection of a facility, and reporting monitoring results.
Additional conditions applicable specific categories of NPDES
permits (40CFR122.42)
For existing manufacturing and commercial discharges, the EPA must
be notified of any activity that results in the discharge of any toxic
pollutant at concentrations that exceeds the highest notification levels,
including those discharges that occur on a routine or a non-routine basis. For routine discharges, the notification level is 100 µg/l, unless
otherwise noted. For non-routine discharges, the notification level
is 500 µg/l, unless otherwise noted.
Establishing permit conditions (40CFR122.43)
The EPA can establish additional permit conditions as needed on a case-by-case
basis to assure compliance with all requirements of the Clean Water Act
(CWA) and regulations.
Establishing limitations, standards, and other permit conditions
(40CFR122.44)
Discusses applicable permit conditions, including the limits for release
of toxic pollutants, restrictions to maintain existing water quality, improvements
based on technology available for effluent treatment, and adjustments that
may be required as water use definitions change.
Calculating NPDES permit conditions (40CFR122.45)
Unless otherwise provided, each outfall or discharge point at a permitted
facility will have effluent limitations, standards, and prohibitions established. For metals, these shall be expressed in terms of total recoverable metal,
unless otherwise stated.
Duration of permits (40CFR122.46)
Unless otherwise noted, an NPDES permit will be effective for a term
not to exceed five years.
Schedules of compliance (40CFR122.47)
A schedule of compliance may be specified in a permit to ensure compliance
with the Clean Water Act and other regulations, as outlined in this section.
Requirements for recording and reporting monitoring results (40CFR122.48)
Discusses permit requirements for monitoring equipment and methods,
required monitoring, and required reporting.
Considerations under Federal law (40CFR122.49)
Several Federal laws may affect issuance of a NPDES permit, including
The Wild and Scenic Rivers Act, The National Historic Preservation Act,
The Coastal Zone Management Act, The Endangered Species Act, The National
Environmental Policy Act, and The Fish and Wildlife Coordination Act. When
any of these applicable law requires particular permit conditions or the
denial of a permit, those requirements must also be followed.
Disposal of pollutants into wells, into publicly owned treatment
works, or by land application (40CFR122.50)
If part of a discharger's process wastewater is being discharged into
a well, a POTW, or by land application, applicable effluent standards and
limitations for the discharge in an NPDES permit will be adjusted.
Subpart D -- Transfer, Modification, Revocation, Reissuance, and
Termination of Permits
Permits (40CFR122.61 -- 40CFR122.64)
Transfer of permits (40CFR122.61)
A permit can be transferred by modification, or a permit can be transferred
automatically if the EPA is notified 30 days in advance.
Modification, revocation, or reissuance of permits (40CFR122.62)
Causes for modification include material alterations or substitutions,
new information, new regulations, changes in the compliance schedule, or
to establish notification levels. Also, a permit can be revoked and
reissued if it is to be transferred.
Minor modification of permits (40CFR122.63)
EPA, with consent of the permittee, may make minor modifications to
a permit, including correcting typographical errors, a need for more frequent
monitoring or reporting, changing an interim compliance date, allowing
for a change in ownership, changing a construction schedule, or deleting
a point source outfall no longer used.
Termination of permits (40CFR122.64)
A permit will be terminated or denied renewal in instances of noncompliance,
failure to disclose relevant facts, or danger to human health or the environment.
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