40 C.F.R. § 401.17

pH Effluent limitations under continuous monitoring

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(a) Where a permittee continuously measures the pH of wastewater pursuant to a requirement or option in a National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to section 402 of the Act, the permittee shall maintain the pH of such wastewater within the range set forth in the applicable effluent limitations guidelines, except excursions from the range are permitted subject to the following limitations:

(1) The total time during which the pH values are outside the required range of pH values shall not exceed 7 hours and 26 minutes in any calendar month; and

(2) No individual excursion from the range of pH values shall exceed 60 minutes.

(b) The Director, as defined in § 122.3 of this chapter, may adjust the requirements set forth in paragraph (a) of this section with respect to the length of individual excursions from the range of pH values, if a different period of time is appropriate based upon the treatment system, plant configuration or other technical factors.

(c) For purposes of this section, an excursion is an unintentional and temporary incident in which the pH value of discharge wastewater exceeds the range set forth in the applicable effluent limitations guidelines.

(Secs. 301, 304, 306 and 501 of the Clean Water Act (the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1251 et. seq., as amended by the Clean Water Act of 1977, Pub. L. 95-217)) [47 FR 24537, June 4, 1982]

Notes of Decisions

Cited in 1 case, 1987–1987 · leading case: Sierra Club v. Shell Oil Co., Sierra Club v. Monochem, Inc., Sierra Club v. Copolymer Rubber & Chem. Corp., 817 F.2d 1169 (5th Cir. 1987).

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Sierra Club v. Shell Oil Co., Sierra Club v. Monochem, Inc., Sierra Club v. Copolymer Rubber & Chem. Corp., 817 F.2d 1169 (5th Cir. 1987). “See 40 C.F.R. § 401.17 (1986). The EPA determined that adjusting the standard "will establish a standard that well-operated and well-maintained plants could realistically achieve and will reserve the resources of both EPA and permittees for those instances when substantial pH…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.