C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER D—WATER PROGRAMS › PART 122—EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Subpart C—Permit Conditions

40 C.F.R. § 122.48

Requirements for recording and reporting of monitoring results (applicable to State programs, see § 123.25)

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All permits shall specify:

(a) Requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate);

(b) Required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring;

(c) Applicable reporting requirements based upon the impact of the regulated activity and as specified in 40 CFR part 3 (Cross-Media Electronic Reporting Regulation), § 122.44, and 40 CFR part 127 (NPDES Electronic Reporting). Reporting shall be no less frequent than specified in § 122.44. EPA will maintain the start dates for the electronic reporting of monitoring results for each state on its Web site.

[48 FR 14153, Apr. 1, 1983; 50 FR 6940, Feb. 19, 1985; 80 FR 64098, Oct. 22, 2015]
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1993–2021 · leading case: Maryland Dep't of Env't v. Anacostia Riverkeeper, 134 A.3d 892 (Md. 2016).
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Maryland Dep't of Env't v. Anacostia Riverkeeper, 134 A.3d 892 (Md. 2016). · cites it 5× “Under 40 C.F.R. § 122.48 (b), “[ajll permits shall specify [Required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring.”
Coastal Env't Rights Found. v. Cal. Reg'l Water Quality Control Bd., 218 Cal. Rptr. 3d 596 (Cal. Ct. App. 5th 2017). · cites it 2× “" ( 40 C.F.R. § 122.48 (b).) The permitting agency "has wide discretion and authority to determine monitoring requirements in NPDES permits.”
Nat. Resources Def. Council, Inc. v. Cnty. of Los Angeles, 725 F.3d 1194 (9th Cir. 2013). “” 40 C.F.R. § 122.48 (b) (emphasis added). In fact, EPA regulations require permittees, like the County Defendants here, to propose a “monitoring program for representative data collection for the term of the permit that describes the location of outfalls or field screening…”
Food & Water Watch, Inc. v. Usepa, 20 F.4th 506 (9th Cir. 2021). · cites it 2× “Under 40 C.F.R. § 122.48 (b), permits must specify “[r]equired monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring[.”
Del Ackels v. United States Env't Prot. Agency William K. Reilly, 7 F.3d 862 (9th Cir. 1993). “§ 1318 ; 40 C.F.R. § 122.48 . Petitioners contend that the Administrator erred by upholding the permits’ requirement that discharge be monitored for settleable solids once per day of discharge instead of once per day of sluicing.”
Food & Water Watch, Inc. v. Usepa, 13 F.4th 896 (9th Cir. 2021). · cites it 2× “Under 40 C.F.R. § 122.48 (b), permits must specify “[r]equired monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring[.”
Maryland Dep't of the Env't v. Anacostia Riverkeeper, 112 A.3d 979 (Md. Ct. Spec. App. 2015). “” 40 C.F.R. § 122.48 (b), 122.44(i)(l). Under § 1342, a permit such as this is also subject to EPA regulations governing permit applications, 33 U.”
Coastal Environ. Rights v. Cal. Reg. Wat. Quality Control Bd. (Cal. Ct. App. 2017). · cites it 2× “" ( 40 C.F.R. § 122.48 (b).) The permitting agency "has wide discretion and authority to determine monitoring requirements in NPDES permits.”
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