U.S. Code of Federal Regulations

Regulations most recently checked for updates: Jun 23, 2024

§ 122.61 - Transfer of permits (applicable to State programs, see § 123.25).

(a) Transfers by modification. Except as provided in paragraph (b) of this section, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued (under § 122.62(b)(2)), or a minor modification made (under § 122.63(d)), to identify the new permittee and incorporate such other requirements as may be necessary under CWA.

(b) Automatic transfers. As an alternative to transfers under paragraph (a) of this section, any NPDES permit may be automatically transferred to a new permittee if:

(1) The current permittee notifies the Director at least 30 days in advance of the proposed transfer date in paragraph (b)(2) of this section;

(2) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and

(3) The Director does not notify the existing permittee and the proposed new permittee of his or her intent to modify or revoke and reissue the permit. A modification under this subparagraph may also be a minor modification under § 122.63. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in paragraph (b)(2) of this section.

§ 122.62 - Modification or revocation and reissuance of permits (applicable to State programs, see § 123.25).

When the Director receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit (see § 122.41), receives a request for modification or revocation and reissuance under § 124.5, or conducts a review of the permit file) he or she may determine whether or not one or more of the causes listed in paragraphs (a) and (b) of this section for modification or revocation and reissuance or both exist. If cause exists, the Director may modify or revoke and reissue the permit accordingly, subject to the limitations of § 124.5(c), and may request an updated application if necessary. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term. See § 124.5(c)(2). If cause does not exist under this section or § 122.63, the Director shall not modify or revoke and reissue the permit. If a permit modification satisfies the criteria in § 122.63 for “minor modifications” the permit may be modified without a draft permit or public review. Otherwise, a draft permit must be prepared and other procedures in part 124 (or procedures of an approved State program) followed.

(a) Causes for modification. The following are causes for modification but not revocation and reissuance of permits except when the permittee requests or agrees.

(1) Alterations. There are material and substantial alterations or additions to the permitted facility or activity (including a change or changes in the permittee's sludge use or disposal practice) which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit.

Note:

Certain reconstruction activities may cause the new source provisions of § 122.29 to be applicable.

(2) Information. The Director has received new information. Permits may be modified during their terms for this cause only if the information was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and would have justified the application of different permit conditions at the time of issuance. For NPDES general permits (§ 122.28) this cause includes any information indicating that cumulative effects on the environment are unacceptable. For new source or new discharger NPDES permits §§ 122.21, 122.29), this cause shall include any significant information derived from effluent testing required under § 122.21(k)(5)(vi) or § 122.21(h)(4)(iii) after issuance of the permit.

(3) New regulations. The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued. Permits may be modified during their terms for this cause only as follows:

(i) For promulgation of amended standards or regulations, when:

(A) The permit condition requested to be modified was based on a promulgated effluent limitation guideline, EPA approved or promulgated water quality standards, or the Secondary Treatment Regulations under part 133; and

(B) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on which the permit condition was based, or has approved a State action with regard to a water quality standard on which the permit condition was based; and

(C) A permittee requests modification in accordance with § 124.5 within ninety (90) days after Federal Register notice of the action on which the request is based.

(ii) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA promulgated regulations or effluent limitation guidelines, if the remand and stay concern that portion of the regulations or guidelines on which the permit condition was based and a request is filed by the permittee in accordance with § 124.5 within ninety (90) days of judicial remand.

(iii) For changes based upon modified State certifications of NPDES permits, see § 121.10 of this chapter.

(4) Compliance schedules. The Director determines good cause exists for modification of a compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no control and for which there is no reasonably available remedy. However, in no case may an NPDES compliance schedule be modified to extend beyond an applicable CWA statutory deadline. See also § 122.63(c) (minor modifications) and paragraph (a)(14) of this section (NPDES innovative technology).

(5) When the permittee has filed a request for a variance under CWA section 301(c), 301(g), 301(h), 301(i), 301(k), or 316(a) or for “fundamentally different factors” within the time specified in § 122.21 or § 125.27(a).

(6) 307(a) toxics. When required to incorporate an applicable 307(a) toxic effluent standard or prohibition (see § 122.44(b)).

(7) Reopener. When required by the “reopener” conditions in a permit, which are established in the permit under § 122.44(b) (for CWA toxic effluent limitations and Standards for sewage sludge use or disposal, see also § 122.44(c)) or 40 CFR 403.18(e) (Pretreatment program).

(8)(i) Net limits. Upon request of a permittee who qualifies for effluent limitations on a net basis under § 122.45(g).

(ii) When a discharger is no longer eligible for net limitations, as provided in § 122.45(g)(1)(ii).

(9) Pretreatment. As necessary under 40 CFR 403.8(e) (compliance schedule for development of pretreatment program).

(10) Failure to notify. Upon failure of an approved State to notify, as required by section 402(b)(3), another State whose waters may be affected by a discharge from the approved State.

(11) Non-limited pollutants. When the level of discharge of any pollutant which is not limited in the permit exceeds the level which can be achieved by the technology-based treatment requirements appropriate to the permittee under § 125.3(c).

(12) Notification levels. To establish a “notification level” as provided in § 122.44(f).

(13) Compliance schedules. To modify a schedule of compliance to reflect the time lost during construction of an innovative or alternative facility, in the case of a POTW which has received a grant under section 202(a)(3) of CWA for 100% of the costs to modify or replace facilities constructed with a grant for innovative and alternative wastewater technology under section 202(a)(2). In no case shall the compliance schedule be modified to extend beyond an applicable CWA statutory deadline for compliance.

(14) For a small MS4, to include an effluent limitation requiring implementation of a minimum control measure or measures as specified in § 122.34(b) when:

(i) The permit does not include such measure(s) based upon the determination that another entity was responsible for implementation of the requirement(s); and

(ii) The other entity fails to implement measure(s) that satisfy the requirement(s).

(15) To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in determining permit conditions.

(16) When the discharger has installed the treatment technology considered by the permit writer in setting effluent limitations imposed under section 402(a)(1) of the CWA and has properly operated and maintained the facilities but nevertheless has been unable to achieve those effluent limitations. In this case, the limitations in the modified permit may reflect the level of pollutant control actually achieved (but shall not be less stringent than required by a subsequently promulgated effluent limitations guideline).

(17) Nutrient Management Plans. The incorporation of the terms of a CAFO's nutrient management plan into the terms and conditions of a general permit when a CAFO obtains coverage under a general permit in accordance with §§ 122.23(h) and 122.28 is not a cause for modification pursuant to the requirements of this section.

(18) Land application plans. When required by a permit condition to incorporate a land application plan for beneficial reuse of sewage sludge, to revise an existing land application plan, or to add a land application plan.

(b) Causes for modification or revocation and reissuance. The following are causes to modify or, alternatively, revoke and reissue a permit:

(1) Cause exists for termination under § 122.64, and the Director determines that modification or revocation and reissuance is appropriate.

(2) The Director has received notification (as required in the permit, see § 122.41(l)(3)) of a proposed transfer of the permit. A permit also may be modified to reflect a transfer after the effective date of an automatic transfer (§ 122.61(b)) but will not be revoked and reissued after the effective date of the transfer except upon the request of the new permittee.

[48 FR 14153, Apr. 1, 1983, as amended at 49 FR 25981, June 25, 1984; 49 FR 37009, Sept. 29, 1984; 49 FR 38050, Sept. 26, 1984; 50 FR 4514, Jan. 31, 1985; 51 FR 20431, June 4, 1986; 51 FR 26993, July 28, 1986; 54 FR 256, 258, Jan. 4, 1989; 54 FR 18784, May 2, 1989; 60 FR 33931, June 29, 1995; 64 FR 68847, Dec. 8, 1999; 65 FR 30909, May 15, 2000; 70 FR 60191, Oct. 14, 2005; 73 FR 70485, Nov. 20, 2008; 88 FR 66666, Sept. 27, 2023]

§ 122.63 - Minor modifications of permits.

Upon the consent of the permittee, the Director may modify a permit to make the corrections or allowances for changes in the permitted activity listed in this section, without following the procedures of part 124. Any permit modification not processed as a minor modification under this section must be made for cause and with part 124 draft permit and public notice as required in § 122.62. Minor modifications may only:

(a) Correct typographical errors;

(b) Require more frequent monitoring or reporting by the permittee;

(c) Change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement; or

(d) Allow for a change in ownership or operational control of a facility where the Director determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the Director.

(e)(1) Change the construction schedule for a discharger which is a new source. No such change shall affect a discharger's obligation to have all pollution control equipment installed and in operation prior to discharge under § 122.29.

(2) Delete a point source outfall when the discharge from that outfall is terminated and does not result in discharge of pollutants from other outfalls except in accordance with permit limits.

(f) Require electronic reporting requirements (to replace paper reporting requirements) including those specified in 40 CFR part 3 (Cross-Media Electronic Reporting Regulation) and 40 CFR part 127 (NPDES Electronic Reporting).

(g) Incorporate conditions of a POTW pretreatment program that has been approved in accordance with the procedures in 40 CFR 403.11 (or a modification thereto that has been approved in accordance with the procedures in 40 CFR 403.18) as enforceable conditions of the POTW's permits.

(h) Incorporate changes to the terms of a CAFO's nutrient management plan that have been revised in accordance with the requirements of § 122.42(e)(6).

[48 FR 14153, Apr. 1, 1983, as amended at 49 FR 38051, Sept. 26, 1984; 51 FR 20431, June 4, 1986; 53 FR 40616, Oct. 17, 1988; 60 FR 33931, June 29, 1995; 73 FR 70485, Nov. 20, 2008; 80 FR 64099, Oct. 22, 2015]

§ 122.64 - Termination of permits (applicable to State programs, see § 123.25).

(a) The following are causes for terminating a permit during its term, or for denying a permit renewal application:

(1) Noncompliance by the permittee with any condition of the permit;

(2) The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time;

(3) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination; or

(4) A change in any condition that requires either a temporary or permanent reduction or elimination of any discharge or sludge use or disposal practice controlled by the permit (for example, plant closure or termination of discharge by connection to a POTW).

(b) The Director shall follow the applicable procedures in part 124 or part 22 of this chapter, as appropriate (or State procedures equivalent to part 124) in terminating any NPDES permit under this section, except that if the entire discharge is permanently terminated by elimination of the flow or by connection to a POTW (but not by land application or disposal into a well), the Director may terminate the permit by notice to the permittee. Termination by notice shall be effective 30 days after notice is sent, unless the permittee objects within that time. If the permittee objects during that period, the Director shall follow part 124 of this chapter or applicable State procedures for termination. Expedited permit termination procedures are not available to permittees that are subject to pending State and/or Federal enforcement actions including citizen suits brought under State or Federal law. If requesting expedited permit termination procedures, a permittee must certify that it is not subject to any pending State or Federal enforcement actions including citizen suits brought under State or Federal law. State-authorized NPDES programs are not required to use part 22 of this chapter procedures for NPDES permit terminations.

(c) Permittees that wish to terminate their permit must submit a Notice of Termination (NOT) to their permitting authority. If requesting expedited permit termination procedures, a permittee must certify in the NOT that it is not subject to any pending State or Federal enforcement actions including citizen suits brought under State or Federal law. As of December 21, 2025 or an EPA-approved alternative date (see 40 CFR 127.24(e) or (f)), all NOTs submitted by general permit covered facilities in compliance with this section must be submitted electronically by the permittee to the Director or initial recipient, as defined in 40 CFR 127.2(b), in compliance with this section and 40 CFR part 3 (including, in all cases, subpart D), § 122.22, and 40 CFR part 127. 40 CFR part 127 is not intended to undo existing requirements for electronic reporting. Prior to this date, and independent of 40 CFR part 127, the permittee may be required to report electronically if specified by a particular permit or if required to do so by State law.

[48 FR 14153, Apr. 1, 1983; 50 FR 6940, Feb. 19, 1985, as amended at 54 FR 18784, May 2, 1989; 65 FR 30909, May 15, 2000; 80 FR 64099, Oct. 22, 2015; 85 FR 69198, Nov. 2, 2020]

Appendix Appendix A - Appendix A to Part 122—NPDES Primary Industry Categories

Any permit issued after June 30, 1981 to dischargers in the following categories shall include effluent limitations and a compliance schedule to meet the requirements of section 301(b)(2)(A), (C), (D), (E) and (F) of CWA, whether or not applicable effluent limitations guidelines have been promulgated. See §§ 122.44 and 122.46.

Industry Category Adhesives and sealants Aluminum forming Auto and other laundries Battery manufacturing Coal mining Coil coating Copper forming Electrical and electronic components Electroplating Explosives manufacturing Foundries Gum and wood chemicals Inorganic chemicals manufacturing Iron and steel manufacturing Leather tanning and finishing Mechanical products manufacturing Nonferrous metals manufacturing Ore mining Organic chemicals manufacturing Paint and ink formulation Pesticides Petroleum refining Pharmaceutical preparations Photographic equipment and supplies Plastics processing Plastic and synthetic materials manufacturing Porcelain enameling Printing and publishing Pulp and paper mills Rubber processing Soap and detergent manufacturing Steam electric power plants Textile mills Timber products processing

Appendix Appendix B - Appendix B to Part 122 [Reserved]

Appendix Appendix C - Appendix C to Part 122—Criteria for Determining a Concentrated Aquatic Animal Production Facility (§ 122.24)

A hatchery, fish farm, or other facility is a concentrated aquatic animal production facility for purposes of § 122.24 if it contains, grows, or holds aquatic animals in either of the following categories:

(a) Cold water fish species or other cold water aquatic animals in ponds, raceways, or other similar structures which discharge at least 30 days per year but does not include:

(1) Facilities which produce less than 9,090 harvest weight kilograms (approximately 20,000 pounds) of aquatic animals per year; and

(2) Facilities which feed less than 2,272 kilograms (approximately 5,000 pounds) of food during the calendar month of maximum feeding.

(b) Warm water fish species or other warm water aquatic animals in ponds, raceways, or other similar structures which discharge at least 30 days per year, but does not include:

(1) Closed ponds which discharge only during periods of excess runoff; or

(2) Facilities which produce less than 45,454 harvest weight kilograms (approximately 100,000 pounds) of aquatic animals per year.

“Cold water aquatic animals” include, but are not limited to, the Salmonidae family of fish; e.g., trout and salmon.

“Warm water aquatic animals” include, but are not limited to, the Ameiuride, Centrarchidae and Cyprinidae families of fish; e.g., respectively, catfish, sunfish and minnows.

Appendix Appendix D - Appendix D to Part 122—NPDES Permit Application Testing Requirements (§ 122.21)

Table I—Testing Requirements for Organic Toxic Pollutants by Industrial Category for Existing Dischargers

Industrial category GC/MS Fraction 1
Volatile Acid Base/neutral Pesticide
Adhesives and Sealants 2 2 2
Aluminum Forming 2 2 2
Auto and Other Laundries 2 2 2 2
Battery Manufacturing 2 2
Coal Mining 2 2 2 2
Coil Coating 2 2 2
Copper Forming 2 2 2
Electric and Electronic Components 2 2 2 2
Electroplating 2 2 2
Explosives Manufacturing 2 2
Foundries 2 2 2
Gum and Wood Chemicals 2 2 2 2
Inorganic Chemicals Manufacturing 2 2 2
Iron and Steel Manufacturing 2 2 2
Leather Tanning and Finishing 2 2 2 2
Mechanical Products Manufacturing 2 2 2
Nonferrous Metals Manufacturing 2 2 2 2
Ore Mining 2 2 2 2
Organic Chemicals Manufacturing 2 2 2 2
Paint and Ink Formulation 2 2 2 2
Pesticides 2 2 2 2
Petroleum Refining 2 2 2 2
Pharmaceutical Preparations 2 2 2
Photographic Equipment and Supplies 2 2 2 2
Plastic and Synthetic Materials Manufacturing 2 2 2 2
Plastic Processing 2
Porcelain Enameling 2 2 2
Printing and Publishing 2 2 2 2
Pulp and Paper Mills 2 2 2 2
Rubber Processing 2 2 2
Soap and Detergent Manufacturing 2 2 2
Steam Electric Power Plants 2 2 2
Textile Mills 2 2 2 2
Timber Products Processing 2 2 2 2

1 The toxic pollutants in each fraction are listed in Table II.

2 Testing required.

Table II—Organic Toxic Pollutants in Each of Four Fractions in Analysis by Gas Chromatography/Mass Spectroscopy (GS/MS) Volatiles 1V acrolein 2V acrylonitrile 3V benzene 5V bromoform 6V carbon tetrachloride 7V chlorobenzene 8V chlorodibromomethane 9V chloroethane 10V 2-chloroethylvinyl ether 11V chloroform 12V dichlorobromomethane 14V 1,1-dichloroethane 15V 1,2-dichloroethane 16V 1,1-dichloroethylene 17V 1,2-dichloropropane 18V 1,3-dichloropropylene 19V ethylbenzene 20V methyl bromide 21V methyl chloride 22V methylene chloride 23V 1,1,2,2-tetrachloroethane 24V tetrachloroethylene 25V toluene 26V 1,2-trans-dichloroethylene 27V 1,1,1-trichloroethane 28V 1,1,2-trichloroethane 29V trichloroethylene 31V vinyl chloride Acid Compounds 1A 2-chlorophenol 2A 2,4-dichlorophenol 3A 2,4-dimethylphenol 4A 4,6-dinitro-o-cresol 5A 2,4-dinitrophenol 6A 2-nitrophenol 7A 4-nitrophenol 8A p-chloro-m-cresol 9A pentachlorophenol 10A phenol 11A 2,4,6-trichlorophenol Base/Neutral 1B acenaphthene 2B acenaphthylene 3B anthracene 4B benzidine 5B benzo(a)anthracene 6B benzo(a)pyrene 7B 3,4-benzofluoranthene 8B benzo(ghi)perylene 9B benzo(k)fluoranthene 10B bis(2-chloroethoxy)methane 11B bis(2-chloroethyl)ether 12B bis(2-chloroisopropyl)ether 13B bis (2-ethylhexyl)phthalate 14B 4-bromophenyl phenyl ether 15B butylbenzyl phthalate 16B 2-chloronaphthalene 17B 4-chlorophenyl phenyl ether 18B chrysene 19B dibenzo(a,h)anthracene 20B 1,2-dichlorobenzene 21B 1,3-dichlorobenzene 22B 1,4-dichlorobenzene 23B 3,3′-dichlorobenzidine 24B diethyl phthalate 25B dimethyl phthalate 26B di-n-butyl phthalate 27B 2,4-dinitrotoluene 28B 2,6-dinitrotoluene 29B di-n-octyl phthalate 30B 1,2-diphenylhydrazine (as azobenzene) 31B fluroranthene 32B fluorene 33B hexachlorobenzene 34B hexachlorobutadiene 35B hexachlorocyclopentadiene 36B hexachloroethane 37B indeno(1,2,3-cd)pyrene 38B isophorone 39B napthalene 40B nitrobenzene 41B N-nitrosodimethylamine 42B N-nitrosodi-n-propylamine 43B N-nitrosodiphenylamine 44B phenanthrene 45B pyrene 46B 1,2,4-trichlorobenzene Pesticides 1P aldrin 2P alpha-BHC 3P beta-BHC 4P gamma-BHC 5P delta-BHC 6P chlordane 7P 4,4′-DDT 8P 4,4′-DDE 9P 4,4′-DDD 10P dieldrin 11P alpha-endosulfan 12P beta-endosulfan 13P endosulfan sulfate 14P endrin 15P endrin aldehyde 16P heptachlor 17P heptachlor epoxide 18P PCB-1242 19P PCB-1254 20P PCB-1221 21P PCB-1232 22P PCB-1248 23P PCB-1260 24P PCB-1016 25P toxaphene Table III—Other Toxic Pollutants (Metals and Cyanide) and Total Phenols Antimony, Total Arsenic, Total Beryllium, Total Cadmium, Total Chromium, Total Copper, Total Lead, Total Mercury, Total Nickel, Total Selenium, Total Silver, Total Thallium, Total Zinc, Total Cyanide, Total Phenols, Total Table IV—Conventional and Nonconventional Pollutants Required To Be Tested by Existing Dischargers if Expected to be Present Bromide Chlorine, Total Residual Color Fecal Coliform Fluoride Nitrate-Nitrite Nitrogen, Total Organic Oil and Grease Phosphorus, Total Radioactivity Sulfate Sulfide Sulfite Surfactants Aluminum, Total Barium, Total Boron, Total Cobalt, Total Iron, Total Magnesium, Total Molybdenum, Total Manganese, Total Tin, Total Titanium, Total Table V—Toxic Pollutants and Hazardous Substances Required To Be Identified by Existing Dischargers if Expected To Be Present Toxic Pollutants Asbestos Hazardous Substances Acetaldehyde Allyl alcohol Allyl chloride Amyl acetate Aniline Benzonitrile Benzyl chloride Butyl acetate Butylamine Captan Carbaryl Carbofuran Carbon disulfide Chlorpyrifos Coumaphos Cresol Crotonaldehyde Cyclohexane 2,4-D (2,4-Dichlorophenoxy acetic acid) Diazinon Dicamba Dichlobenil Dichlone 2,2-Dichloropropionic acid Dichlorvos Diethyl amine Dimethyl amine Dintrobenzene Diquat Disulfoton Diuron Epichlorohydrin Ethion Ethylene diamine Ethylene dibromide Formaldehyde Furfural Guthion Isoprene Isopropanolamine Dodecylbenzenesulfonate Kelthane Kepone Malathion Mercaptodimethur Methoxychlor Methyl mercaptan Methyl methacrylate Methyl parathion Mevinphos Mexacarbate Monoethyl amine Monomethyl amine Naled Napthenic acid Nitrotoluene Parathion Phenolsulfanate Phosgene Propargite Propylene oxide Pyrethrins Quinoline Resorcinol Strontium Strychnine Styrene 2,4,5-T (2,4,5-Trichlorophenoxy acetic acid) TDE (Tetrachlorodiphenylethane) 2,4,5-TP [2-(2,4,5-Trichlorophenoxy) propanoic acid] Trichlorofan Triethanolamine dodecylbenzenesulfonate Triethylamine Trimethylamine Uranium Vanadium Vinyl acetate Xylene Xylenol Zirconium

[Note 1: The Environmental Protection Agency has suspended the requirements of § 122.21(g)(7)(ii)(A) and Table I of Appendix D as they apply to certain industrial categories. The suspensions are as follows:

a. At 46 FR 2046, Jan. 8, 1981, the Environmental Protection Agency suspended until further notice § 122.21(g)(7)(ii)(A) as it applies to coal mines.

b. At 46 FR 22585, Apr. 20, 1981, the Environmental Protection Agency suspended until further notice § 122.21(g)(7)(ii)(A) and the corresponding portions of Item V-C of the NPDES application Form 2c as they apply to:

1. Testing and reporting for all four organic fractions in the Greige Mills Subcategory of the Textile Mills industry (Subpart C—Low water use processing of 40 CFR part 410), and testing and reporting for the pesticide fraction in all other subcategories of this industrial category.

2. Testing and reporting for the volatile, base/neutral and pesticide fractions in the Base and Precious Metals Subcategory of the Ore Mining and Dressing industry (subpart B of 40 CFR part 440), and testing and reporting for all four fractions in all other subcategories of this industrial category.

3. Testing and reporting for all four GC/MS fractions in the Porcelain Enameling industry.

c. At 46 FR 35090, July 1, 1981, the Environmental Protection Agency suspended until further notice § 122.21(g)(7)(ii)(A) and the corresponding portions of Item V-C of the NPDES application Form 2c as they apply to:

1. Testing and reporting for the pesticide fraction in the Tall Oil Rosin Subcategory (subpart D) and Rosin-Based Derivatives Subcategory (subpart F) of the Gum and Wood Chemicals industry (40 CFR part 454), and testing and reporting for the pesticide and base/netural fractions in all other subcategories of this industrial category.

2. Testing and reporting for the pesticide fraction in the Leather Tanning and Finishing, Paint and Ink Formulation, and Photographic Supplies industrial categories.

3. Testing and reporting for the acid, base/neutral and pesticide fractions in the Petroleum Refining industrial category.

4. Testing and reporting for the pesticide fraction in the Papergrade Sulfite subcategories (subparts J and U) of the Pulp and Paper industry (40 CFR part 430); testing and reporting for the base/neutral and pesticide fractions in the following subcategories: Deink (subpart Q), Dissolving Kraft (subpart F), and Paperboard from Waste Paper (subpart E); testing and reporting for the volatile, base/neutral and pesticide fractions in the following subcategories: BCT Bleached Kraft (subpart H), Semi-Chemical (subparts B and C), and Nonintegrated-Fine Papers (subpart R); and testing and reporting for the acid, base/neutral, and pesticide fractions in the following subcategories: Fine Bleached Kraft (subpart I), Dissolving Sulfite Pulp (subpart K), Groundwood-Fine Papers (subpart O), Market Bleached Kraft (subpart G), Tissue from Wastepaper (subpart T), and Nonintegrated-Tissue Papers (subpart S).

5. Testing and reporting for the base/neutral fraction in the Once-Through Cooling Water, Fly Ash and Bottom Ash Transport Water process wastestreams of the Steam Electric Power Plant industrial category.

This revision continues these suspensions.]*

* Editorial Note: The words “This revision” refer to the document published at 48 FR 14153, Apr. 1, 1983.

For the duration of the suspensions, therefore, Table I effectively reads:

Table I—Testing Requirements for Organic Toxic Pollutants by Industry Category

Industry category GC/MS fraction 2
Volatile Acid Neutral Pesticide
Adhesives and sealants( 1) ( 1) ( 1)
Aluminum forming( 1) ( 1) ( 1)
Auto and other laundries( 1) ( 1) ( 1) ( 1)
Battery manufacturing( 1) ( 1)
Coal mining
Coil coating( 1) ( 1) ( 1)
Copper forming( 1) ( 1) ( 1)
Electric and electronic compounds( 1) ( 1) ( 1) ( 1)
Electroplating( 1) ( 1) ( 1)
Explosives manufacturing ( 1) ( 1)
Foundries( 1) ( 1) ( 1)
Gum and wood (all subparts except D and F)( 1) ( 1)
Subpart D—tall oil rosin( 1) ( 1) ( 1)
Subpart F—rosin-based derivatives( 1) ( 1) ( 1)
Inorganic chemicals manufacturing( 1) ( 1) ( 1)
Iron and steel manufacturing( 1) ( 1) ( 1)
Leather tanning and finishing( 1) ( 1) ( 1)
Mechanical products manufacturing( 1) ( 1) ( 1)
Nonferrous metals manufacturing( 1) ( 1) ( 1) ( 1)
Ore mining (applies to the base and precious metals/Subpart B) ( 1)
Organic chemicals manufacturing( 1) ( 1) ( 1) ( 1)
Paint and ink formulation( 1) ( 1) ( 1)
Pesticides( 1) ( 1) ( 1) ( 1)
Petroleum refining( 1)
Pharmaceutical preparations( 1) ( 1) ( 1)
Photographic equipment and supplies( 1) ( 1) ( 1)
Plastic and synthetic materials manufacturing( 1) ( 1) ( 1) ( 1)
Plastic processing( 1)
Porcelain enameling
Printing and publishing( 1) ( 1) ( 1) ( 1)
Pulp and paperboard mills—see footnote 3
Rubber processing( 1) ( 1) ( 1)
Soap and detergent manufacturing( 1) ( 1) ( 1)
Steam electric power plants( 1) ( 1)
Textile mills (Subpart C—Greige Mills are exempt from this table)( 1) ( 1) ( 1)
Timber products processing( 1) ( 1) ( 1) ( 1)

1 Testing required.

2 The pollutants in each fraction are listed in Item V-C.

3 Pulp and Paperboard Mills:

Subpart 3 GS/MS fractions
VOA Acid Base/neutral Pesticides
A 2 ( 1) 2 ( 1)
B 2 ( 1) 2 2
C 2 ( 1) 2 2
D 2 ( 1) 2 2
E( 1) ( 1) 2 ( 1)
F( 1) ( 1) 2 2
G( 1) ( 1) 2 2
H( 1) ( 1) 2 2
I( 1) ( 1) 2 2
J( 1) ( 1) ( 1) 2
K( 1) ( 1) 2 2
L( 1) ( 1) 2 2
M( 1) ( 1) 2 2
N( 1) ( 1) 2 2
O( 1) ( 1) 2 2
P( 1) ( 1) 2 2
Q( 1) ( 1) 2 ( 1)
R 2 ( 1) 2 2
S( 1) ( 1) 2 ( 1)
T( 1) ( 1) 2 ( 1)
U( 1) ( 1) ( 1) 2

1 Must test.

2 Do not test unless “reason to believe” it is discharged.

3 Subparts are defined in 40 CFR Part 430.

[48 FR 14153, Apr. 1, 1983, as amended at 49 FR 38050, Sept. 26, 1984; 50 FR 6940, Feb. 19, 1985]

Appendix Appendix E - Appendix E to Part 122—Rainfall Zones of the United States

Not Shown: Alaska (Zone 7); Hawaii (Zone 7); Northern Mariana Islands (Zone 7); Guam (Zone 7); American Samoa (Zone 7); Trust Territory of the Pacific Islands (Zone 7); Puerto Rico (Zone 3) Virgin Islands (Zone 3).

Source: Methodology for Analysis of Detention Basins for Control of Urban Runoff Quality, prepared for U.S. Environmental Protection Agency, Office of Water, Nonpoint Source Division, Washington, DC, 1986.

[55 FR 48073, Nov. 16, 1990]

Appendix Appendix F - Appendix F to Part 122—Incorporated Places With Populations Greater Than 250,000 According to the 1990 Decennial Census by the Bureau of the Census

State Incorporated Place
AlabamaBirmingham.
ArizonaPhoenix.
Tucson.
CaliforniaLong Beach.
Los Angeles.
Oakland.
Sacramento.
San Diego.
San Francisco.
San Jose.
ColoradoDenver.
District of Columbia.
FloridaJacksonville.
Miami.
Tampa.
Georgia.Atlanta.
IllinoisChicago.
IndianaIndianapolis.
KansasWichita.
KentuckyLouisville.
LouisianaNew Orleans.
MarylandBaltimore.
MassachusettsBoston.
MichiganDetroit.
MinnesotaMinneapolis.
St. Paul.
MissouriKansas City.
St. Louis.
NebraskaOmaha.
New JerseyNewark.
New MexicoAlbuquerque.
New YorkBuffalo.
Bronx Borough.
Brooklyn Borough.
Manhattan Borough.
Queens Borough.
Staten Island Borough.
North CarolinaCharlotte.
OhioCincinnati.
Cleveland.
Columbus.
Toledo.
OklahomaOklahoma City.
Tulsa.
OregonPortland.
PennsylvaniaPhiladelphia.
Pittsburgh.
TennesseeMemphis.
Nashville/Davidson.
TexasAustin.
Dallas.
El Paso.
Fort Worth.
Houston.
San Antonio.
VirginiaNorfolk.
Virginia Beach.
WashingtonSeattle.
WisconsinMilwaukee.
[64 FR 68847, Dec. 8, 1999, as amended at 67 FR 47152, July 17, 2002]

Appendix Appendix G - Appendix G to Part 122—Incorporated Places With Populations Greater Than 100,000 But Less Than 250,000 According to the 1990 Decennial Census by the Bureau of the Census

State Incorporated place
AlabamaHuntsville.
Mobile.
Montgomery.
AlaskaAnchorage.
ArizonaMesa.
Tempe.
ArkansasLittle Rock.
CaliforniaAnaheim.
Bakersfield.
Berkeley.
Chula Vista.
Concord.
El Monte.
Escondido.
Fremont.
Fresno.
Fullerton.
Garden Grove.
Glendale.
Hayward.
Huntington Beach.
Inglewood.
Irvine.
Modesto.
Moreno Valley.
Oceanside.
Ontario.
Orange.
ColoradoAurora.
Colorado Springs.
Lakewood.
Pueblo.
ConnecticutBridgeport.
Hartford.
New Haven.
Stamford.
Waterbury.
FloridaFort Lauderdale.
Hialeah.
Hollywood.
Orlando.
St. Petersburg.
Tallahassee.
GeorgiaColumbus.
Macon.
Savannah.
IdahoBoise City.
IllinoisPeoria.
Rockford.
IndianaEvansville.
Fort Wayne.
Gary.
South Bend.
IowaCedar Rapids.
Davenport.
Des Moines.
KansasKansas City.
Topeka.
KentuckyLexington-Fayette.
LouisianaBaton Rouge.
Shreveport.
MassachusettsSpringfield.
Worcester.
MichiganAnn Arbor.
Flint.
Grand Rapids.
Lansing.
Livonia.
Sterling Heights.
Warren.
MississippiJackson.
MissouriIndependence.
Springfield.
NebraskaLincoln.
NevadaLas Vegas.
Reno.
New JerseyElizabeth.
Jersey City.
Paterson.
New YorkAlbany.
Rochester.
Syracuse.
Yonkers.
North CarolinaDurham.
Greensboro.
Raleigh.
Winston-Salem.
OhioAkron.
Dayton.
Youngstown.
OregonEugene.
PennsylvaniaAllentown.
Erie.
Rhode IslandProvidence.
South CarolinaColumbia.
TennesseeChattanooga.
Knoxville.
TexasAbilene.
Amarillo.
Arlington.
Beaumont.
Corpus Christi.
Garland.
Irving.
Laredo.
Lubbock.
Mesquite.
Pasadena.
Plano.
Waco.
UtahSalt Lake City.
VirginiaAlexandria.
Chesapeake.
Hampton.
Newport News.
Portsmouth.
Richmond.
Roanoke.
WashingtonSpokane.
Tacoma.
WisconsinMadison.
[64 FR 68848, Dec. 8, 1999]

Appendix Appendix H - Appendix H to Part 122—Counties With Unincorporated Urbanized Areas With a Population of 250,000 or More According to the 1990 Decennial Census by the Bureau of the Census

State County Unincorporated urbanized population
CaliforniaLos Angeles886,780
Sacramento594,889
San Diego250,414
DelawareNew Castle296,996
FloridaDade1,014,504
GeorgiaDeKalb448,686
HawaiiHonolulu 1114,506
MarylandAnne Arundel344,654
Baltimore627,593
Montgomery599,028
Prince George's494,369
TexasHarris729,206
UtahSalt Lake270,989
VirginiaFairfax760,730
WashingtonKing520,468

1 County was previously listed in this appendix; however, population dropped to below 250,000 in the 1990 Census.

[64 FR 68848, Dec. 8, 1999]

Appendix Appendix I - Appendix I to Part 122—Counties With Unincorporated Urbanized Areas Greater Than 100,000, But Less Than 250,000 According to the 1990 Decennial Census by the Bureau of the Census

State County Unincorporated urbanized population
AlabamaJefferson78,608
ArizonaPima162,202
CaliforniaAlameda115,082
Contra Costa131,082
Kern128,503
Orange223,081
Riverside166,509
San Bernardino162,202
ColoradoArapahoe103,248
FloridaBroward142,329
Escambia167,463
Hillsborough398,593
Lee102,337
Manatee123,828
Orange378,611
Palm Beach360,553
Pasco148,907
Pinellas255,772
Polk121,528
Sarasota172,600
Seminole127,873
GeorgiaClayton133,237
Cobb322,595
Fulton127,776
Gwinnett237,305
Richmond126,476
KentuckyJefferson239,430
LouisianaEast Baton Rouge102,539
Parish331,307
Jefferson Parish
MarylandHoward157,972
North CarolinaCumberland146,827
NevadaClark327,618
OregonMultnomah 152,923
Washington116,687
South CarolinaGreenville147,464
Richland130,589
VirginiaArlington170,936
Chesterfield174,488
Henrico201,367
Prince William157,131
WashingtonPierce258,530
Snohomish157,218

1 County was previously listed in this appendix; however, population dropped to below 100,000 in the 1990 Census.

[64 FR 68849, Dec. 8, 1999]

Appendix Appendix J - Appendix J to Part 122—NPDES Permit Testing Requirements for Publicly Owned Treatment Works (§ 122.21(j))

Table 1A—Effluent Parameters for All POTWS Biochemical oxygen demand (BOD-5 or CBOD-5) Fecal coliform Design Flow Rate pH Temperature Total suspended solids Table 1—Effluent Parameters for All POTWS With a Flow Equal to or Greater Than 0.1 MGD Ammonia (as N) Chlorine (total residual, TRC) Dissolved oxygen Nitrate/Nitrite Kjeldahl nitrogen Oil and grease Phosphorus Total dissolved solids Table 2—Effluent Parameters for Selected POTWS Hardness Metals (total recoverable), cyanide and total phenols Antimony Arsenic Beryllium Cadmium Chromium Copper Lead Mercury Nickel Selenium Silver Thallium Zinc Cyanide Total phenolic compounds Volatile organic compounds Acrolein Acrylonitrile Benzene Bromoform Carbon tetrachloride Chlorobenzene Chlorodibromomethane Chloroethane 2-chloroethylvinyl ether Chloroform Dichlorobromomethane 1,1-dichloroethane 1,2-dichloroethane Trans-1,2-dichloroethylene 1,1-dichloroethylene 1,2-dichloropropane 1,3-dichloropropylene Ethylbenzene Methyl bromide Methyl chloride Methylene chloride 1,1,2,2-tetrachloroethane Tetrachloroethylene Toluene 1,1,1-trichloroethane 1,1,2-trichloroethane Trichloroethylene Vinyl chloride Acid-extractable compounds P-chloro-m-creso 2-chlorophenol 2,4-dichlorophenol 2,4-dimethylphenol 4,6-dinitro-o-cresol 2,4-dinitrophenol 2-nitrophenol 4-nitrophenol Pentachlorophenol Phenol 2,4,6-trichlorophenol Base-neutral compounds Acenaphthene Acenaphthylene Anthracene Benzidine Benzo(a)anthracene Benzo(a)pyrene 3,4 benzofluoranthene Benzo(ghi)perylene Benzo(k)fluoranthene Bis (2-chloroethoxy) methane Bis (2-chloroethyl) ether Bis (2-chloroisopropyl) ether Bis (2-ethylhexyl) phthalate 4-bromophenyl phenyl ether Butyl benzyl phthalate 2-chloronaphthalene 4-chlorophenyl phenyl ether Chrysene Di-n-butyl phthalate Di-n-octyl phthalate Dibenzo(a,h)anthracene 1,2-dichlorobenzene 1,3-dichlorobenzene 1,4-dichlorobenzene 3,3-dichlorobenzidine Diethyl phthalate Dimethyl phthalate 2,4-dinitrotoluene 2,6-dinitrotoluene 1,2-diphenylhydrazine Fluoranthene Fluorene Hexachlorobenzene Hexachlorobutadiene Hexachlorocyclo-pentadiene Hexachloroethane Indeno(1,2,3-cd)pyrene Isophorone Naphthalene Nitrobenzene N-nitrosodi-n-propylamine N-nitrosodimethylamine N-nitrosodiphenylamine Phenanthrene Pyrene 1,2,4,-trichlorobenzene [65 FR 42469, Aug. 4, 2000]