United States
Environmental Protection
Agency
Office of Water
(4504F)
842-B-94-002
May 1994
&EPA
Clean Water Act §403
Compendium
Printed on recycled paper
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EPA/842-8-84-002
May 1994
Clean Water Act §403
Compendium
United States Environmental Protection Agency
Office of Water
Office of Wetlands, Oceans and Watersheds
Oceans and Coastal Protection Division
Washington, DC 20460
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US. EPA Office of Water
The 403 Compendium
Contents
Preface v
Compendium Update Page vii
Guidance 1
Statutes, Regulations, and Policy Memos , 13
Reports to Congress 15
Region-Specific Guidance and Documents 17
Permit-Related Information.... 25
Scientific Products and Models 29
Appendices
A: Legal Cases A-l
B: Bulletins and Fact Sheets B-l
C: Courses, Conferences, and Workshops C-l
111
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17.S. EPA Office of Water
The 403 Compendium
Preface
EPA's regulatory program under section 403 of the Clean Water Act (CWA) is an integral part of the
National Pollutant Discharge Elimination System (NPDES) permit program for ocean discharges. Section
403 requires that discharges to the territorial seas, contiguous zones, and oceans comply with regulatory
requirements above and beyond those specifically required of a typical NPDES permit. Such requirements
are intended to ensure that no unreasonable degradation of the marine environment will occur as a result
of the discharge.
m the 20 years since the passage of the CWA, an extensive amount of data has been collected on ocean
discharges, their effects on marine and human health, and their associated economic costs and benefits.
This compendium attempts to bring together all of the recent, pertinent literature related to §403(c)
specifically and to marine discharges in general. This collection is organized according to the following
categories:
Guidance
Regulations/Policy Memos
Reports to Congress
Regional Documentation
Permit-Related Information
Scientific Products and Models
Within these categories, document citations, sorted alphabetically, include the following attributes:
• Abstract
• EPA Document Number
• Date of Publication
• Publication Contact
The following three appendices are also included:
• Legal Cases
• Bulletins and Fact Sheets
• Courses, Conferences, and Workshops
This document was compiled for use by Regional 403 and NPDES coordinators, regulators, and other
authorities involved in the Ocean Discharge Program. It is intended to serve as a reference document, as
well as a guide to finding key sources of information without conducting extensive independent searches.
Attempts were made to compile as comprehensive a list of documents as possible. However, to allow the
addition of works that were either overlooked or completed after the publication of this compendium, a
blank update page is included following this preface.
The compendium was produced by the Oceans and Coastal Protection Division of EPA through a contract
with American Management Systems, Inc. (AMS) of Arlington, Virginia. Particular appreciation is
extended to the people at West Publishing Company in St. Paul, Minnesota, for permission to use all
reprinted material found in Appendix A: Legal Cases.
If you have any comments regarding the compendium, or would like additional information on the 403
program, please contact:
ATTN: The 403 Compendium
U.S. Environmental Protection Agency
Office of Wetlands, Oceans and Watersheds
Oceans and Coastal Protection Division
401 M Street, SW (4504F)
Washington, DC 20460
(202) 260-8448
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U.S. EPA Office of Water
The 403 Compendium
Compendium Update Page
DOCUMENT TITLE:
PUBLICATION CONTACT:
Address:
TECHNICAL CONTACT:
Address:
DESCRIPTION OF CONTENTS:
DOCUMENT ID#:
Title:
Phone:
Fax:
Title:
Phone:
Fax:
CATEGORY (PLEASE CHECK ONE)
Q Guidance
Q Regional Documentation
Q Regulations/Policy Memos
Q Permit-Related Information
G Report to Congress
Q Scientific Product/Model
Q Other
DATE OF PUBLICATION:
Please mail (or fax) updates to the following address:
ATTN: The 403 Compendium
U.S. Environmental Protection Agency
Office of Wetlands, Oceans and Watersheds
Oceans and Coastal Protection Division
401 M Street, SW (4504F)
Washington, DC 20460
vii
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U.S. EPA Office of Water
The 403 Compendium
Guidance
This section contains descriptions of guidance documents for the Regions, States, and others who
may be responsible for implementing various aspects of the 403 Ocean Discharge Program. The
functions for which guidance is available may include monitoring, enforcement, reporting and
evaluation, computing, and administration, among others.
301(h) Permit Reissuance Guidance
Document for Small Dischargers
EPA 503/9-90/008
1988
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Identifies the regulatory requirements applicable to
reissuance of 301(h) modified permits held by small
dischargers, i.e., publicly-owned treatment works that
have contributing populations under 50,000 and average
dry weather flows of less than 5.0 million gallons per
day. Discusses the assessments and data analyses
needed for small dischargers to satisfy applicable
regulatory requirements and methods by which
regulatory personnel can evaluate compliance with
regulatory requirements.
Bioaccumulation Monitoring Guidance:
1) Estimating the Potential for
Bioaccumulation of Priority Pollutants
and 301(h) Pesticide Discharges into
Marine and Estuarine Waters
EPA 503/3-90/001
September 1985
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Provides an overview of important environmental,
biological, and chemical processes that affect
bioaccumulation of chemical contaminants in marine
and estuarine organisms. Describes a method for
ranking EPA priority pollutants and 301 (h) pesticides for
bioaccumulation potential.
Bioaccumulation Monitoring Guidance:
2) Volume I. Selection of Target Species
and Review of Available Bioaccumula-
tion Data
EPA 430/9-86/005
1985
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Provides guidance for selecting target species for
bioaccumulation monitoring studies to be conducted as
part of the 301 (h) sewage discharge program. Presents a
compilation, evaluation, and summary of recent data on
concentrations of priority pollutants in those species.
Pagel
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US. EPA Office of Water
The 403 Compendium
Bioaccumulation Monitoring Guidance:
2) Volume U. Selection of Target Species
and Review of Available Bioaccumula-
tion Data
EPA 430/9-86/006
1985
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Contains appendices that provide details on the
compilation, evaluation, and summary of recent data on
concentrations of priority pollutants in selected target
species monitored for bioaccumulation.
Bioaccumulation Monitoring Guidance:
3) Recommended Analytical Detection
Limits
EPA 503/6-90/001
1985
Publication Contact;
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Reviews the factors that influence target pollutant
detection units and recommends minimum detection
limits for bioaccumulation studies. Serves as a
companion document to the recommended analytical
protocols in the Bioaccumulation Monitoring Guidance
series.
Bioaccumulation Monitoring Guidance:
4) Analytical Methods for U.S. EPA
Priority Pollutants and 301(h)
Pesticides in Tissues From Estuarine
and Marine Organisms
EPA 503/6-90/002
May 1986
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Describes analytical methods that allow for sensitive
analyses of the target compounds with a reasonable
amount of laboratory effort. Discusses the analysis of
extractable organic compounds, metals, and metalloids.
Bioaccumulation Monitoring Guidance:
5) Strategies for Sample Replication and
Compositing
EPA 430/9-87/003
June 1987
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Provides guidance for designing monitoring programs
that meet the regulatory requirements in 40 CFR 125.62
and allow continuing assessment of the impact of less-
than-secondary discharges on the receiving water
marine environment.
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US. EPA Office of Water
The 403 Compendium
Biological Criteria—National Program
Guidance for Surface Water
EPA 440/5-90/004
April 1990
Publication Contact:
U.S. EPA Water Resource Center
Washington, DC
(202)260-7886
Conceptually describes the Biological Criteria Program
and its application.
Biological Criteria—State Development
and Implementation Efforts
EPA 440/5-91/003
May 1991
Publication Contact:
U.S. EPA Water Resource Center
Washington, DC
(202) 260-7886
Describes the status of biological criteria development
among the States and includes selected examples of
various States' experiences and contacts for further
information.
Biological Criteria—Guide to Technical
Literature
EPA 440/5-91/004
April 1991
Publication Contact:
U.S. EPA Water Resource Center
Washington, DC
(202) 260-7886
Provides an annotative bibliography addressing
biological assessment techniques and criteria for
streams, lakes, wetlands, estuaries, and near coastal
waters.
Biological Criteria—Research and
Regulation, Proceedings of a
Symposium
EPA 440/5-91/005
April 1991
Publication Contact:
U.S. EPA Water Resource Center
Washington, DC
(202) 260-7886
Presents a record of the papers and abstracts submitted
at EPA's Conference of Biological Criteria Specialists in
December 1990.
Biological Criteria—Procedures for
Initiating Narrative Biological Criteria
EPA 882/B92/002
April 1990
Publication Contact:
U.S. EPA Water Resource Center
Washington, DC
(202) 260-7886
Provides information on the development and
implementation of a narrative form of biological criteria,
especially as an initial step as States develop their
biological criteria programs.
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U.S. EPA Office of Water
The 403 Compendium
Final Guidance for Implementation of
Requirements Under Section 304(1) of
the Clean Water Act as Amended
March 1988
Publication Contact;
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Provides specific information for States and Regions on
interpretation of the statutory requirements of section
304(1) of the dean Water Act as amended. Places new
requirements in the context of the ongoing nationwide
program for controlling toxic pollutants and toxicity.
Framework for 301(h) Monitoring
Programs
EPA 430/9-88/002
September 1987
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Provides guidance for publicly-owned treatment works
on conducting monitoring programs to ensure
compliance with 301(h) modified National Pollutant
Discharge Elimination System (NPDES) permits.
Describes how to design, implement, evaluate, and
modify a 301 (h) monitoring program.
FY1990 Guidance for Reporting and
Evaluating POTWNoncompliance with
Pretreatment Implementation
Regulations
September 1989
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Assists Regions and NPDES-authorized States in
evaluating which publicly owned treatment works
(POTWs) are in noncompliance with pretreatment
requirements. Suggests procedures for taking formal
enforcement action where violations are significant.
Explains criteria that should be used to evaluate
principal activities and functions necessary to implement
the pretreatment program.
General Permit Program
Guidance
February 1988
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Demonstrates the benefits of general permits as an
administrative mechanism to assist permitting
authorities to meet the goals of the dean Water Act.
Identifies general permits that have been developed by
EPA Regions and NPDES-authorized States. Assists
permitting authorities in the development and issuance
of general permits.
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17.S. EPA Office of Water
The 403 Compendium
Guidance for Developing Control
Authority Enforcement Response Plans
September 1989
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Prepared in response to tiie requirement that publicly
owned treatment works (POTWs) with approved
pretreatment programs develop enforcement response
plans. EPA expects POTWs to identify all industrial
users (Ills) in violation of their permit limits, to respond
with appropriate action, and to follow up those
violations with escalated levels of enforcement as
needed to ensure compliance. Provides municipal
pretreatment personnel with recommendations for
developing an enforcement response plan, establishing
and administering an enforcement response guide,
determining appropriate enforcement roles for
personnel, and deciding on enforcement responses for
specific violations. Includes a model enforcement
response guide and a detailed analysis of common
enforcement remedies.
Guidelines Establishing Test Procedures
for the Analysis of Pollutants under the
Clean Water Act: Final Rule and Interim
Final Rule and Proposed Rule:
Corrections
Federal Register
January 1985
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513) 569-7562
Corrects the preamble, final interim final regulations,
and appendices establishing test procedures for the
analysis of pollutants regulated under the Clean Water
Act. Includes the final version of rules proposed in the
Federal Register (49 FR 43234) on October 26,1984, and
contained in the codified version at 40 CFR Part 136.
Interim Guidance on Interpretation and
Implementation of Aquatic Life Criteria
for Metals
May 1992
Publication Contact:
U.S. EPA Water Resource Center
Washington, DC
(202) 260-7886
Addresses the use of EPA metals criteria in water quality
standards intended to protect aquatic life; also addresses
the derivation of NPDES permit limits from such
criteria.
Introduction to Water Quality
Standards
EPA 440/5-88/089
September 1988
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Explains key features of the water quality standards
program in question-and-answer format. Provides
general information to the public about the program.
Divided into sections that correspond to various
elements of the water quality standards program.
Includes a supplemental reading list with sources of
detailed technical information.
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The 403 Compendium
Manager's Guide to the Permit
Compliance System (PCS)
EPA
June 1986
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Provides guidance in understanding and using the
Permit Compliance System (PCS), the computerized data
source that tracks permit, compliance, and enforcement
activities conducted under the NPDES program.
Explains methods to request information on the status of
a State or Regional NPDES program.
Monitoring Guidance for the National
Estuary Program
EPA 503/8-91/002
1991
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Provides guidance on the development of environmental
monitoring programs to assess the effectiveness of
Comprehensive Conservation and Management Plans
(CCMPs).
NPDES Best Management Practices
Guidance Document
EPA 600/9-79/045
December 1979
Publication Contact;
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Provides NPDES permitting authorities guidance in the
evaluation of best management practice programs for
industry. Provides examples of best management
practices and methods to develop a best management
practice plan.
NPDES Compliance Inspection Manual
May 1988
Publication Contact;
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Provides a discussion of the major compliance inspection
functions, with modifications to include recent changes
to the regulations, a new emphasis on biomonitoring,
and clarification on pretreatment inspections.
Emphasizes the technical information the inspector is to
gather and reflects the inspector's primary objective—to
gather information and report facts.
NPDES Compliance Monitoring
Inspector Training, Biomonitoring
June 1990
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Third of five manuals developed by EPA to introduce
the NPDES program to new inspectors. Outlines the
principles of biomonitoring and the role of biological
testing in the inspection program.
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US. EPA Office of Water
The 403 Compendium
NPDES Compliance Monitoring
Inspector Training, Laboratory Analysis
April 1990
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
First of five manuals developed by EPA to introduce the
NPDES program to new inspectors. Outlines procedures
and information necessary to perform an effective
evaluation of a permittee's laboratory.
NPDES Compliance Monitoring
Inspector Training, Legal Issues
May 1990
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Second of five manuals developed by EPA to introduce
the NPDES program to new inspectors. Discusses the
legal issues that must be addressed during an inspection
and provides legal information to assist inspectors in
performing their duties.
NPDES Compliance Monitoring
Inspector Training, Overview
August 1990
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Fourth of five manuals developed by EPA to introduce
the NPDES program to new inspectors. Presents an
overview of the entire NPDES program and briefly
summarizes different types of inspections conducted
under this program.
NPDES Compliance Monitoring
Inspector Training, Sampling
October 1990
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513) 569-7562
Last of five manuals developed by EPA to introduce the
NPDES program to new inspectors. Details procedures
to be used when conducting a sampling inspection.
Permits Division Policy and Guidance
September 1989
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Lists policies and guidance issued under the NPDES
permits program by the Permits Division of the Office of
Wastewater Enforcement and Compliance. Includes an
outline by subject matter and a chronological list of titles.
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US. EPA Office of Water
The 403 Compendium
Permit Writer's Guide to Water
Quality-Based Permitting for Toxic
Pollutants
EPA 440/4-87/005
July 1987
Publication Contact;
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Provides procedural recommendations to State and
Federal NPDES permit writers on setting water quality-
based permit limits for toxic pollutants. Augments the
Technical Support Document for Water Quality-Based Toxics
Control (the TSD), which provides a more detailed
discussion of this document. Discusses bioaccumulation
of specific chemicals and toxic effects on aquatic life and
human health. Includes basis for toxics control,
components of water quality-based toxics control,
permitting procedures, case examples, and toxicity
reduction evaluations. Appendices include sample
special conditions permit language, a section 308 letter,
and an overview of selected available tools.
Pollution Prevention Information
Clearinghouse (PPIC)
April 1990
Publication Contact;
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Provides an overview of the pollution prevention
information clearinghouse, including the information
contained and instructions for accessing that
information.
Pretreatment Compliance Inspection
and Audit Manual for Approval
Authorities
July 1986
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
Assists approval authorities in providing effective
oversight of approved publicly owned treatment works
(POTW) pretreatment programs. The pretreatment
compliance inspection (PCI) and audit procedures are
consolidated into this manual.
Pretreatment Compliance Monitoring
and Enforcement Guidance
September 1986
Publication Contact;
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Provides implementation guidance for publicly owned
treatment works (POTWs) with approved pretreatment
programs. Discusses establishing monitoring require-
ments for industrial users (Ills), and sampling and
inspecting lUs. Establishes a definition of significant
industrial user (SIU) for use by control authorities in
targeting primary implementation activities. Recom-
mends a definition of significant noncompliance (SNC)
to be applied in evaluating IU compliance with effluent
limitations, reporting requirements, compliance
schedules, and other conditions.
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The 403 Compendium
Quality Assurance/Quality Control
(QAJQC) for 301(h) Monitoring
Programs: Guidance on Field and
Laboratory Methods
EPA 430/9-86/004
March 1987
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Provides the framework for making informed decisions
with respect to the field and laboratory methods used
when monitoring the effects of sewage discharge on
marine and estuarine ecosystems. Ensures that samples
are collected, processed, stored, shipped, and analyzed
using acceptable and standardized procedures.
Quality Criteria for Water [Gold Book]
GPO 955-002-00000-8
May 1986
Publication Contact:
U.S. Government Printing Office
Washington, DC
(202) 783-3238
Provides those who use EPA's water quality and human
health criteria with up-to-date criteria values and
associated information. Includes summaries of all the
contaminants for which EPA has developed criteria
recommendations.
Recommended Biological Indices for
301(h) Monitoring Programs
EPA 430/9-86/002
March 1987
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Recommends indices that should be used in the
interpretation of 301(h) biological monitoring data.
Indices recommended were judged on biological
meaning, ease of interpretation, and sensitivity to
community changes caused by pollutant impacts.
Revised Section 301 (ft) Technical
Support Document
EPA 430/9-82/011
November 1982
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Provides technical support for the major changes made
in the 301(h) regulations since 1979. Offers technical
explanations of the assessments required to obtain a
301(h) modified discharge permit and guidance for
completion of the application questionnaires for small
and large dischargers. All information is advisory.
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US. EPA Office of Water
The 403 Compendium
Short-Term Methods for Estimating the
Chronic Toxicity of Effluents and
Receiving Waters to Marine and
Estuarine Organisms
EPA 600/4-87/028
May 1988
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Describes six short-term (1-hour to 9-day) methods for
estimating the chronic toxicity of effluents and receiving
waters to five species: the sheepshead minnow, inland
silverside, mysid, sea urchin, and red macroalga.
Includes guidelines on laboratory safety, quality
assurance, facilities and equipment, dilution water,
effluent sampling and holding, data analysis, report
preparation, and organism culturing and handling.
Summary of U.S. EPA-Approved
Methods, Standard Methods, and Other
Guidance for 301(lt) Monitoring
Variables
EPA 503/4-90/002
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Provides a discussion of available methods to collect 32
biological, sediment, and water quality variables
included in 301 (h) monitoring programs to evaluate the
impact of modified discharges on marine biota, to
demonstrate compliance with applicable water quality
standards, and to measure toxic substances in the
discharge.
Tedtnical Support Document for Water
Quality-Based Toxics Control [the
TSD]
EPA 505/2-90/001
March 1991
Publication Contact;
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Provides States and Regions with guidance on procedures
for developing water quality-based limitations for toxic
pollutants. Procedures include each step in the water
quality-based toxics control process from standards
development to compliance monitoring.
Treatment Manual, Volume V-
Summary
EPA600/8-80/042e
July 1980
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Summarizes a five-set library of manuals designed to help
develop NPDES permit limitations for facilities that, at the
time of permit issuance, are not fully covered by
promulgated, industry-specific effluent guidelines. The
four other volumes in this series include Volume I-
Treatability Data (EPA-600/8-80-042a), Volume H-
Industrial Descriptions (EPA-600/8-80-042b), Volume Hi-
Technologies (EPA-600/8-80-042c), and Volume IV-Cost
Estimating (EPA-600/8-80-042d).
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U.S. EPA Office of Water
The 403 Compendium
Wafer Quality Criteria Summary
May 1,1991
Publication Contact:
U.S. EPA Water Resource Center
Washington, DC
(202) 260-7886
Wall poster that summarizes all criteria released up to
May 1,1991.
Water Quality Standards Handbook
September 1993
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Contains guidance prepared by EPA to assist States in
implementing the revised Water Quality Standards
Regulation (48 FR 51400) promulgated November 8,
1982. Provides a general description of the overall
standards-setting process and information on general
administrative policies and procedures.
Workbook for Determining Economic
Achievability for NPDES Permits
August 1982
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513) 569-7562
Assists permit writers in determining the effect of
installing pollution control technologies on the financial
condition of firms and plants. Appendices include
worksheets, source data, and technical information.
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U,S. EPA Office of Water
The 403 Compendium
Statutes, Regulations, and Policy Memos
This section contains descriptions of regulatory documents and policy memos generated in the
course of implementing the 403 program. The regulatory documents include the Code of Federal
Regulations and the Clean Water Act legislation, while the policy memos focus on key correspon-
dence circulated by EPA Headquarters among the coastal Regions.
The Clean Water Act
March 1988
Publication Contact:
EPIC Clearinghouse
Cincinnati, Ohio
(513)569-7562
The Clean Water Act as amended by the Water Quality
Act of 1987.
Code of Federal Regulations, Title 40—
Protection of Environment, Parts 122-
136
Updated annually
Publication Contact:
U.S. Government Printing Office
Washington, DC
(202) 783-3238
Encompasses all NPDES regulations pertinent to 403(c),
including—but not limited to—state program
requirements, toxic pollutant effluent standards, water
quality standards, the secondary treatment regulation,
and guidelines establishing test procedures for the
analysis of pollutants.
Code of Federal Regulations, Title 40—
Protection of Environment, Part
125.120-125.124, Subpart M-Ocean
Discharge Criteria
Updated annually
Publication Contact:
U.S. Government Printing Office
Washington, DC
(202) 783-3238
Lists the established guidelines for the issuance of
NPDES permits for point-source discharges into the
territorial seas, the contiguous zone, and the oceans.
Defines key terms, including irreparable harm, marine
environment, mixing zone, no reasonable alternatives, and
unreasonable degradation of the marine environment.
Outlines key steps and 10 criteria used in determination
of unreasonable degradation of the marine environment,
summarizes permit requirements, and lists information
required from the applicant in order to receive a permit.
Environmental Regulations and
Technology: The National Pretreatment
Program
EPA 625/10-86/005
July 1986
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Explains the need for the National Pretreatment
Program. Describes Federal, State, and local roles in the
program's implementation and explores the program's
future.
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U.S. EPA Office of Water
The 403 Compendium
Industrial Technology Division
Tedtnical Publications Availability
Report
January 1991
Publication Contact;
US. EPA
Office of Science and Technology
Engineering and Analysis Division
(202)260-7100
Provides a list of the technical publications and studies
applicable to the national industrial effluent discharge
rulemaking activities and currently available for review
and distribution.
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U.S. EPA Office of Water
The 403 Compendium
Reports to Congress
This section contains descriptions of EPA reports produced in response to congressional requests
for information about the implementation and implications of various EPA programs. Each
document is described with the appropriate date of publication.
Clean Water Act Section 403 Report to
Congress: Phase II, Discharges Inside
the Baseline
EPA842/R/001
Publication expected summer 1994
Publication Contact:
U.S. EPA
Office of Wetlands, Oceans and
Watersheds
Oceans and Coastal Protection Division
(202) 260-8448
Provides Congress with the information necessary to
consider consequences of legislation that would extend
the requirements of section 403 to discharges in
estuarine waters. Identifies estuarine discharges by State
and by waterbody and major and minor discharges, and
evaluates industry/pollutant categories and the
potential environmental effects of such "categorized
discharges" in estuarine waters.
National Pretreatment Program, Report
to Congress (21W-4004)
July 1991
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Examines what is known about discharges of toxic
pollutants from publicly owned treatment works
(POTWs), the extent to which POTWs remove toxic
pollutants from wastewaters and the air, and how well
the pretreatment program is being carried out. Also
examines alternative regulatory strategies for improving
the program.
National Water Quality Inventory •
1990 Report to Congress
EPA 503/9-92/006
Updated annually
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513) 569-7562
Summarizes State-reported water quality data under
section 305(b) of the dean Water Act, as well as
supplemental EPA data. Describes the quality of rivers,
lakes, estuaries, Great Lakes, coastal waters, wetlands,
and ground water. Includes information on special
concerns such as fishing restrictions and fish kills.
Summarizes point and nonpoint source programs and
surface water monitoring programs. Published every
2 years, the document is commonly known as "the
305(b) report."
Page 15
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US. EPA Office of Water
The 403 Compendium
Report to Congress on the
Implementation of Section 301(h)
EPA 430/9-84/007
August 1984
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Summarizes EPA program activities and
accomplishments in implementing section 301 (h) of the
dean Water Act from 1978 to mid-1984. Discusses the
technical findings resulting from a review of the 1979
301(h) applications from the 25 largest dischargers. Also
presents recommendations for future 301 (h) efforts.
Report to Congress on Implementation
of Section 403(c) of the Federal Water
Pollution Control Act
EPA 503/6-90/001
June 1990
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Focuses on land-based ocean discharges with individual
permits currently subject to section 403 requirements.
Identifies 323 "definite" discharges and 217 "potential"
discharges subject to section 403 requirements. Also
known as the "Phase I Report to Congress," this
document targets several improvements to the existing
403(c) implementation program, including changes in
the process of reissuing NPDES permits for ocean
discharges.
Page 16
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U.S. EPA Office of Water
The 403 Compendium
Region-Specific Guidance and Documents
This section contains descriptions of documents produced primarily by the various EPA coastal
Regions. Its central aim is to ensure mat each Region responsible for implementing the 403
program has knowledge of and access to the key documentation necessary for doing so. The
documents included range from Ocean Discharge Criteria Evaluations to monitoring program
designs to Regionally-based technical reports.
Assessment of Environmental Fate and
Effects of Discharges from Offshore Oil
and Gas Operations
EPA 440/4-85/002
1985
Publication Contact:
U.S. EPA, Region 10
Seattle, WA
(206)553-4973
Assesses the impact of offshore oil and gas operation
discharges on the surrounding ecosystem in the coastal
waters of Region 10.
Design of Biological Monitoring
Programs for New York and New Jersey
403 Dischargers
TC 4115-32
December 1990
Publication Contact:
Tetra Tech, Inc.
Fairfax, VA
(703)385-6000
Provides guidance for EPA to help local authorities
develop discharge programs and assess discharge
impacts to the receiving environment in the New York
and New Jersey areas.
DRAFT Ocean Discharge Criteria
Evaluation for Chukchi Sea, OCS Oil
and Gas Lease Sale Offering 126
1990: U.S. EPA Region 10
Publication Contact:
Tetra Tech, Inc.
Redmond, WA
(206) 883-1912
Section 403(c) of the Clean Water Act requires that
NPDES permits for ocean discharges be issued in
compliance with EPA's Ocean Discharge Criteria for
preventing unreasonable degradation of ocean waters.
The purpose of this Ocean Discharge Criteria Evaluation
(ODCE) report is to identify the effects of oil and gas
discharges on marine waters in the Chukchi Sea.
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US. EPA Office of Water
The 403 Compendium
DRAFT Ocean Discharge Criteria
Evaluation for Navarin Basin/ OCS Oil
and Gas lease Offering 107
1990: US. EPA Region 10
Publication Contact:
Tetra Tech, Inc.
Redmond, WA
(206)883-1912
The purpose of this ODCE report is to identify the effects
of oil and gas discharges on marine waters in the
Navarin Basin.
DRAFT Ocean Discharge Criteria
Evaluation for Norton Basin, Alaska,
OCS Lease Sale 100
1986: U.S. EPA Region 10
Publication Contact;
Cooper Consultants/ Inc.
Envirosphere Co.
Bellevue,WA
(206)822-9596
The purpose of this ODCE report is to identify the effects
of discharges on marine waters in the Norton Basin.
DRAFT Technical Report: Evaluation of
Ocean DiscJtargefor the Shee Atika Log
Transfer Facility
1991: U.S. EPA Region 10
Publication Contact:
Tetra Tech, Inc.
Redmond, WA
(206)883-1912
The purpose of this ODCE report is to identify the effects
on marine waters of the Shee Atika Log Transfer Facility.
DRAFT Technical Report: Ocean
Discharges from Salmon Net-Pens in
PugetSound
1991: U.S. EPA Region 10
Publication Contact:
Tetra Tech, Inc.
Redmond, WA
(206)883-1912
EPA is supporting the Washington Department of
Ecology's efforts to evaluate the potentially adverse
impacts of marine discharges on salmon net-pen
facilities. This study identifies the salient information
and concerns relative to the Ocean Discharge Criteria.
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U.S. EPA Office of Water
The 403 Compendium
Final Ocean Discharge Criteria
Evaluation for Beaufort Sea, OCS Oil
and Gas Lease Offerings?
1988: U.S. EPA Region 10
Publication Contact:
U.S. EPA Region 10
Seattle, WA
(206) 553-4973
The purpose of this ODCE report is to identify the effects
of oil and gas discharges on marine waters in the
Beaufort Sea.
Final Draft Ocean Discharge Criteria
Evaluation for Beaufort Sea, OCS Oil
and Gas Lease Offering 124
TC 5316-48
1990: U.S. EPA Region 10
Publication Contact:
Tetra Tech, Inc.
Redmond, WA
(206) 883-1912
The purpose of this ODCE report is to identify the effects
of oil and gas discharges on marine waters in the
Beaufort Sea:
Final Ocean Discharge Criteria
Evaluation for Chukchi Sea, OCS Oil
and Gas Lease Offering 109
1988: U.S. EPA Region 10
Publication Contact:
U.S. EPA Region 10
Seattle, WA
(206)553-4973
The purpose of this ODCE report is to identify the effects
of oil and gas discharges on marine waters in the
Chukchi Sea.
Final Ocean Discharge Criteria
Evaluation, Diapir Field, OCS Lease
Sale 71
1983: U.S. EPA Region 10
Publication Contact:
U.S. EPA Region 10
Seattle, WA
(206)553-4973
The purpose of this ODCE report is to identify the effects
of discharges to marine waters on Diapir Field.
Final Ocean Discharge Criteria
Evaluation, Diapir Field, OCS Lease
Sale 87 and State Lease Sates 39,43 and
43a
1984: U.S. EPA Region 10
Publication Contact:
U.S. EPA Region 10
Seattle, WA
(206)553-4973
The purpose of this ODCE report is to identify the effects
of discharges to marine waters on Diapir Field.
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US. EPA Office of Water
The 403 Compendium
Final Ocean Discharge Criteria
Evaluation for the Endicott
Development Project
1986: US. EPA Region 10
Publication Contact:
US. EPA Region 10
Seattle, WA
(206)553-4973
The purpose of this ODGE report is to identify the effects
of discharges on marine waters as a result of the Endicott
Development Project. Includes preliminary ODCE and
addendum.
final Ocean Discharge Criteria
Evaluation, Navarin Basin, OCS Lease
Sale 83
1984: U.S. EPA Region 10
Publication Contact:
U.S. EPA Region 10
Seattle, WA
(206)5534973
The purpose of this ODCE report is to identify the effects
of discharge on marine waters in the Navarin Basin.
Objectives and Rationale for the
County Sanitation Districts of Orange
County 301(h) Monitoring Program
US. EPA Region 9 Draft Report
May 1985
Publication Contact:
US. EPA Region 9
Water Quality Branch
San Frandsco, CA
(415)744-2001
Under a modified NPDES permit, the County Sanitation
Districts of Orange County, California, are required to
have a monitoring program mat includes the sampling
of biological communities, receiving water quality, and
treatment plant effluent. This document contains the
rationale, objectives, and guidance used in designing this
particular monitoring program.
Ocean Discharge Criteria Evaluation
for Norton Sound, US DOISale 57
US. EPA Region 10
Publication Contact:
US. EPA Region 10
Seattle, WA
(206)553-4973
The purpose of this ODCE report is to identify the effects
of discharges to marine waters in Norton Sound.
Preliminary DRAFT Ocean Discharge
Criteria Evaluation, OCS Lease Sale 89,
St. George Basin
1984: US, EPA Region 10
Publication Contact:
Jones & Stokes Assoc. and Tetra Tech
Redmond, WA
(206)883-1912
The purpose of this ODCE report is to identify the effects
of discharges to marine waters in the St. George Basin.
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U.S. EPA Office of Water
The 403 Compendium
Preliminary DRAFT Ocean Discharge
Criteria Evaluation: Quartz Hill Mine
Tailings Disposal in Boca de Quadra
1984: U.S. EPA Region 10
Publication Contact:
Jones & Stokes Assoc. and Tetra Tech
Redmond, WA
(206)883-1912
The purpose of this ODCE report is to identify the effects
of the discharge of mine tailings into marine waters in
Boca de Quadra.
Preliminary ODCE, Cook Inlet-Shelikof
Strait, OCS Lease Sale 60
1983: U.S. EPA Region 10
Publication Contact:
U.S. EPA Region 10
Seattle, WA
(206)553-4973
The purpose of this ODCE report is to identify the effects
of discharges to marine waters on Cook Inlet.
Preliminary ODCE, Northeast Gulf of
Alaska, OCS Lease Sale 55
1983: U.S. EPA Region 10
Publication Contact:
Jones & Stokes Assoc. and Tetra Tech
Redmond, WA
(206) 883-1912
The purpose of this ODCE report is to identify the effects
of discharges to marine waters on the Northeast Gulf Of
Alaska.
Preliminary Ocean Discharge Criteria
Evaluation, OCS Lease Sale 92 for
North Aleutian Basin
1984: U.S. EPA Region 10
Publication Contact:
Jones & Stokes Assoc. and Tetra Tech
Redmond, WA
(266)883-1912
The purpose of this ODCE report is to identify the effects
of discharges to marine waters in the North Aleutian
Basin.
Preliminary Ocean Discharge Criteria
Evaluation for Log Transfer Facilities in
Alaska
1983: U.S. EPA, OWEC
Publication Contact:
U.S.EPA
Office of Wasteater Enforcement
and Compliance
Washington, DC
(202)260-5850
The purpose of this ODCE report is to identify the effects
of log transfer facilities on marine waters in Alaska.
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US. EPA Office of Water
The 403 Compendium
Recommended Guidelines for
Conducting Laboratory Bioassays on
Puget Sound Sediments (DRAFT Report)
1991: U.S. EPA Region 10
Publication Contact:
US. EPA Region 10
Seattle, WA
(206)553-4973
The protocols were developed to encourage scientific
investigators to use well-defined and consistent methods
for sampling and analyzing environmental data from
Puget Sound. The protocols can serve as guidelines for
writing proposals or issuing contracts. Commonly
known as "the Puget Sound Water Quality Protocols."
Revised Preliminary Ocean Discharge
Criteria Evaluation, Gulf of Alaska-
Cook Inlet, OCS Lease Sale 88 and State
Lease Sales Located in Cook Inlet
1984: U.S. EPA Region 10
Publication Contact:
Jones & Stokes Assoc. and Tetra Tech
Redmond, WA
(206)883-1912
The purpose of this ODCE report is to identify the effects
of discharges to marine waters in Cook Inlet.
STORET:Documentation for Menu-
Driven User Interface
February 1992
Publication Contact:
U.S. EPA Region 9
Water Quality Branch
San Frandsco, CA
(415)744-2001
Describes the use of EPA's electronic system for the
storage and retrieval of data pertaining to the quality of
water within and contiguous to the United States.
Provides novice users of STORET in Region 9 with a
Region-specific user manual; uses three real-world
scenarios to demonstrate the new menu-driven interface
of STORET.
U.S. EPARegionm403(c)
Determination of Bethany Beach, DE,
and Ocean City, AID, Ocean Outfalls
September 1992
Publication Contact;
US. EPA Region 3
Environmental Services Division
Philadelphia, PA
(215)597-2541
Determines that the 403(c) requirements of the dean
Water Act are being met at two of Region 3's ocean
outfalls. Based on Region 3's 5-year Ocean Outfall Study
and the findings of the 1992 follow-up study.
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U.S. EPA Office of Water
The 403 Compendium
Water Quality Protection Program for
the Florida Keys National Marine
Sanctuary: Phase I Report
U.S. EPA Region 4
July 1992
Publication Contact:
Battelle Ocean Sciences
Duxbury,MA
(617) 934-0571
A compilation of information on the environment within
the Florida Keys National Marine Sanctuary. Includes
assessments on water quality, the coral community,
submerged and emergent aquatic vegetation, nearshore
and confined waters, and spills and hazardous materials.
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U.S. EPA Office of Water
The 403 Compendium
Permit-Related Information
This section contains descriptions of documents associated with the NPDES permitting process,
including abstracts of many industrial permits and application forms used by facilities in
obtaining NPDES permits.
Abstracts of Industrial NPDES Permits
EPA
October 1989
Publication Contact:
U.S. EPA
Office of Wastewater Enforcement and
Compliance
Washington, DC
(202) 260-5850
Summarizes the information contained in more than 500
industrial wastewater discharge permits issued by EPA
and State permitting authorities. The abstracts include
the effluent limitations and monitoring requirements, as
well as the basis for such effluent limitations guidelines,
best professional judgment, or water quality standards.
This document includes several indexes and an
alphabetical listing of companies, manufacturing
processes, and treatment technologies.
Application Form 1 - General
Information, Consolidated Permits
Program
EPA Form 3510-1
October 1980
Publication Contact:
US. EPA
Office of Wastewater Enforcement and
Compliance
Washington, DC
(202) 260-5850
Form to be completed by all applicants applying for a
permit under EPA's permits program except
municipalities. Required information includes names,
addresses, phone numbers, and other contact
information. Also contained are instructions for
completing the application.
Application Form 2B - Wastewater
Discharge Information, Consolidated
Permits Program
EPA Form 3510-2B
1980
Publication Contact:
U.S. EPA
Office of Wastewater Enforcement and
Compliance
Washington, DC
(202) 260-5850
Form to be completed in conjunction with EPA Form
3510-1 (Form 1). Form to be completed by all persons
applying for an EPA permit to discharge wastewater
from new or existing animal feeding operations and
aquatic animal production facilities.
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US. EPA Office of Water
The 403 Compendium
Application Form 2C - Wastewater
Discharge Information, Consolidated
Permits Program
EPA Form 3510-2C
February 1985
Publication Contact:
US. EPA
Office of Wastewater Enforcement and
Compliance
Washington, DC
(202)260-5850
Form to be completed in conjunction with EPA Form
3510-1 (Form 1). Required for all persons applying for an
EPA permit to discharge wastewater from existing
manufacturing, commercial, mining, and silvicultural
operations. Contains the form and instructions.
Application Form 2D - Wastewater
Discharge Information, Consolidated
Permits Program
EPA Form 3510-2D
February 1985
Publication Contact;
US. EPA
Office of Wastewater Enforcement and
Compliance
Washington, DC
(202)260-5850
Form to be completed in conjunction with EPA Form
3510-1 (Form 1). Form to be completed by all persons
applying for an EPA permit to discharge wastewater
from new manufacturing, commercial, mining, and
silvicultural operations. Contains the form and
instructions.
Application Form 2E - Facilities Which
Do Not Discharge Process Wastewater
EPA Form 3510-2E
September 1986
Publication Contact:
US. EPA
Office of Wastewater Enforcement and
Compliance
Washington, DC
(202)260-5850
Form to be completed in conjunction with EPA Form
3510-1 (Form 1). This short form may be used only by
operators of facilities discharging only nonprocess
wastewater not regulated by effluent guidelines
limitations or new source performance standards. It may
not be used for discharges of stormwater runoff or by
educational, medical, or commercial chemical
laboratories or by publicly owned treatment works
(POTWs).
Application Form 2F- Stormwater
Discharges
EPA Form 3510-2F
1990
Publication Contact:
US. EPA
Office of Wastewater Enforcement and
Compliance
Washington, DC
(202)260-5850
Form required for stormwater discharges associated
with industrial activities. A form is not required for
stormwater discharges from municipal separate storm
sewers serving a population in excess of 100,000.
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US, EPA Office of Water
The 403 Compendium
Standard Form A - New and Existing
Major POTWs
EPA Form 7550-22
July 1973 (currently being revised)
Publication Contact:
U.S. EPA
Office of Wastewater Enforcement and
Compliance
Washington, DC
(202)260-5850
Form to be completed by municipalities applying for an
EPA permit to discharge sanitary sewage from a "major"
publicly owned sewage treatment plant.
Standard Form A (SHORT) - New and
Existing Minor POTWs
EPA Form 7550-23
July 1973
Publication Contact:
U.S. EPA
Office of Wastewater Enforcement and
Compliance
Washington, DC
(202) 260-5850
Form to be completed by municipalities applying for an
EPA permit to discharge sanitary sewage from a
"minor" publicly owned sewage treatment plant. Form
contains four parts; instructions are provided in an
additional instruction booklet.
IT.S. EPA NPDES Basic Permit Writers'
Course Workbook
August 1992
Publication Contact:
U.S. EPA
Office of Wastewater Enforcement and
Compliance
Washington, DC
(202) 260-5850
Designed for use in a course that examines the process of
issuing an NPDES permit, from receipt of application to
the development of effluent limitations and the issuance
of a permit.
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US. EPA Office of Water
The 403 Compendium
Scientific Products and Models
This section contains descriptions of documents that summarize or assist in the use of scientific
data, projects, or models pertaining to the 403 program. Entries listed include research project
summaries, data submission manuals, and technical support documents.
Dilution Models for Effluent Discharges
July 1992
Publication Contact:
US. EPA
Pacific Ecosystem Branch, ERL-N
Newport, OR
(503)867-5000
Describes two initial dilution plume models, RSB and
UM, and a model interface and manager, PLUMES, for
preparing common model input and running the
models. Two farfield algorithms are automatically
initiated beyond the zone of initial dilution. In addition,
PLUMES incorporates the flow classification scheme of
the Cornell Mixing Zone Models (CORMIX), with
recommendations for model usage, thereby providing a
linkage between two existing EPA systems. The
PLUMES models are intended for use with plumes
discharged to marine and some freshwater bodies. Both
buoyant and dense plumes, single sources, and many
diffuser outfall configurations can be modeled.
Ecological Impacts of Sewage
Discharges on Coral Reef Communities
U.S. EPA
September 1983
Publication Contact:
Tetra Tech, Inc.
Fairfax, VA
(703)385-6000
Synthesizes current information on the ecological impact
of sewage discharges on coral reefs. Addresses issues
related to eutrophication, sedimentation of suspended
solids, and toxic effects.
Marine Bioassays: Applications and
Research Needs—Draft Data Report
U.S. EPA
July 1992
Publication Contact:
Science Applications International
Corporation
McLean, VA
(703) 821-4300
Summarizes the current use of bioassays in marine and
estuarine systems. Assesses the application of existing
bioassay technologies to regulatory programs and
identifies the most significant research needs for future
bioassay applications.
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US. EPA Office of Water
The 403 Compendium
TheNational Ocean Pollution Program:
Summary of Federal Programs and
Projects
September 1991
Publication Contact:
National Oceanic and Atmospheric
Administration
Washington, DC
Provides information on Federal ocean pollution
programs. Discusses agency missions and mandates and
contains individual project information. Explains how to
obtain information about current fiscal year ocean
pollution research, development, and monitoring
projects on digital disk.
Ocean Data Evaluation System (ODES)
Data Submission Manual
EPA 503/9-90/006
1988
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Explains the quality assurance/quality control (QA/QQ
cycle that must be completed before a data set can be .
loaded into ODES, and provides detailed instructions for
entering individual data sets onto coding forms,
magnetic tape, or floppy diskette for submission to
ODES.
Ocean Data Evaluation System (ODES):
User Guide
EPA 503/8-90/007
1987
Publication Contact:
ODES Hotline
American Management Systems, Inc.
(703) 908-8100
Provides directions for accessing information stored in
ODES and for using ODES tools to produce analytical
reports. ODES includes an integrated database that
combines source input information with marine and
estuarine environmental information. ODES also
features a wide range of analytical tools for performing
scientific and statistical analyses and for reporting the
results in a convenient format.
Recommendations for the Development/
Refinement of Predictive Models for
301(ft) and 403 (Water and Sediment
Quality)
1992
Publication Contact:
Tetra Tech, Inc.
Fairfax, VA
(703)385-6000
Discusses the role of predictive models in the 403 and
301(h) decision processes. Assesses the value of
predictive models used in EPA's marine discharge
programs and organizes them into three types (Near
Field Models, Intermediate Field Models, and Far Field
Models).
Technical Support Document for ODES
Statistical Power Analysis
EPA 430/9-87/005
June 1987
Publication Contact:
EPIC Clearinghouse
Cincinnati, OH
(513)569-7562
Reviews the basic concepts of hypothesis testing and
statistical power analysis. Describes the types of power
analyses that can be conducted using ODES. Provides
several examples demonstrating the Statistical Power
Analysis Tool contained in ODES and used in the design
of new monitoring programs and in the interpretation of
analysis of variance (ANOVA) test results.
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US. EPA Office of Water
The 403 Compendium
Appendix A: Legal Cases
This section contains abstracts of key legal cases in Federal courts that have addressed the issue of
section 403 to some degree in the course of reviewing the complaint. Although section 403 was
not the central issue in each case, the general descriptions of the cases as they pertain to ocean
discharges may still prove useful.
Note: All case abstracts in this appendix have been reprinted with the written permission of West
Publishing Company, St. Paul, Minnesota. Sources include the Federal Reporter, 2nd Series; the
Supreme Court Reporter; and the Federal Supplement. Appropriate source credit, as defined by West
Publishing, is provided in a footnote for each case within the appendix.
CITY OF NORTH MIAMI, FLORIDA
v.
Russell E. TRAIN1
No. 74-714-Civ-WM.
United States District Court,
S.D. Florida.
June 28,1974.
City brought action against the Environmental
Protection Agency and various administrators for
declaratory judgment, mandamus and injunctive relief
to prevent the Agency from approving applications by
county for funds to construct regional water treatment
facilities. The District Court, Mehrtens, J., held that
environmental impact statements prepared by the
Agency in connection with water treatment project
utilizing ocean disposal of treated wastes were not
inadequate on theory that alternatives to ocean disposal,
particularly land application, were not explored in
sufficient detail; that the Agency was entitled to reject
land application disposal method on basis of overriding
environmental factors; and that county's acquisition of
site for treatment facilities prior to preparation of
environmental impact statement did not establish that
the Agency was predisposed against the land
application method.
Order accordingly.
NATURAL RESOURCES DEFENSE
COUNCIL, INC.
v.
Russell TRAIN2
Civ. A. No 1629-73.
United States District Court,
District of Columbia.
March 24,1975.
As Amended June 10,1975.
An environmental group brought action against the
Administrator of the Environmental Protection Agency
for declaratory judgment as to the power of the Admin-
istrator to exempt from permit requirements certain
"point" sources. On motions for summary judgment, the
District Court, Flannerey, J., held that the exclusion of
"point" sources in the agriculture, separate storm sewer,
and silviculture category from the permit requirements
of the National Pollutant Discharge Elimination System
by the Administrator was not authorized by the Federal
Water Pollution Control Act Amendments of 1972.
Orders in accordance with opinion.
Reprinted with permission from 377 F. Supp. 1264, copyright © 1974 by West Publishing Company.
2Reprinted with permission from 396 F. Supp. 1393, copyright © 1975 by West Publishing Company.
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The 403 Compendium
HOOKER CHEMICALS & PLASTICS
CORP.
v.
Russell E. TRAIN3
No. 796, Docket 74-1687.
United States Court of Appeals,
Second Circuit
Argued April 25,1975.
Decided April 28,1976.
Chemical companies sought review of regulations
establishing effluent limitation guidelines for the
phosphate-manufacturing industry issued by the
Environmental Protection Agency. The Court of
Appeals, Moore, Circuit Judge, held that the Court had
jurisdiction to review the regulations; and that the EPA's
failure to consider various factors in promulgating the
regulations required further proceedings to consider
such factors and clarify the regulations.
Vacated and remanded.
PACIFIC LEGAL FOUNDATION
v.
JohnR. QUARLESJr.*
Civ.No.77-521-HP.
United States District Court,
CD. California.
July 20,1977.
Legal foundation and others moved for preliminary
injunction to stop implementation of water plant's
interim sludge disposal project^until preparation of
environmental impact statements on Environmental
Protection Agency grant to fund project and for
Environmental Protection Agency's alleged national
policy against disposal of sludge into ocean, and also
sought declaration that Clean Water Act did not prohibit
ocean disposal of sludge and, thus, that any
environmental impact statement for project would be
required to consider ocean disposal as an alternative.
The District Court, Pregerson, J., held that as long as
there existed a practical land disposal method, the
Environmental Protection Agency was not required to
evaluate alternative of deep ocean dumping when it
formulated conditions for a national pollutant discharge
elimination system permit or when it authorized a grant
of Federal funds to develop a project designed to achieve
compliance with the Clean Water Act.
Order entered.
3Reprinted with permission from 537 F. 2d 620, copyright © 1976 by West Publishing Company.
4Reprinted with permission from 440 F. Supp. 316, copyright © 1977 by West Publishing Company.
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ENVIRONMENTAL DEFENSE FUND
INC,
v.
Douglas M. COSTLE5
No. 74-C-1698.
United States District Court,
E.D. New York.
Sept. 16,1977.
Environmental groups brought action against State and
Federal officials seeking declaratory and injunctive relief
against funding and construction of Long Island sewage
treatment facilities. The District Court, Bartels, J., held
that: (1) environmental impact statement had not
adequately addressed impact of proposals on shell fish-
ing industry on Long Island; (2) responsibility of the
administrator of the Environmental Protection Agency
to prepare a comprehensive program for water pollution
control could not be abdicated by reference to environ-
mental impact statement or reports or programs of State
water pollution control agencies; (3) environmental
impact statement was otherwise adequate, and (4) there
was compliance with requirements of the Federal Water
Pollution Control Act.
Order accordingly.
INLAND STEEL COMPANY
v.
ENVIRONMENTAL PROTECTION
AGENCY6
No. 77-1648.
United States Court of Appeals,
Seventh Circuit.
Argued Feb. 15,1978.
Decided March 3,1978.
On petition for review of an order of the Environmental
Protection Agency, the Court of Appeals, Tone, Circuit
Judge, held that the Environmental Protection Agency
could properly include in permit allowing steel manu-
facturer to discharge certain pollutants in wastewater
from its integrated steel-manufacturing facility a condi-
tion that permit would be modified to reflect subse-
quently adopted toxic pollutant standards that were
more stringent than standards contained in permit as
issued.
Permit condition upheld.
5Reprinted with permission from 439 F. Supp. 980, copyright © 1977 by West Publishing Company.
6Reprinted with permission from 574 F. 2d 367, copyright © 1978 by West Publishing Company.
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The 403 Compendium
PACIFIC LEGAL FOUNDATION
77.
Douglas M. COSTLE
CITY OF LOS ANGELES
v.
Douglas M. COSTLE7
Nos. 77-2909,77-3008.
United Slates Cburt of Appeals,
Ninth Circuit.
Aug. 9,1978.
Rehearing and Rehearing En Bane
Denied Nov. 24,1978.
Petition was filed to review action of Administrator of
Environmental Protection Agency extending terms of
National Pollutant Discharge Elimination System permit
applicable to Hyperion Wastewater Treatment Plant in
Los Angeles. The Court of Appeals, Sneed, Circuit
Judge, held that (1) for purpose of judicial review, exten-
sion was the equivalent of "issuance"; (2) beyond the
territorial seas only the Administrator has authority to
issue permits; (3) since one outfall discharge fell within
three mile territorial limit while the two primary
discharges extended outside such limit, joint Federal-
State coordination of permit action was proper, notwith-
standing that the State had primary responsibility for
administering permit program in California;
(4) although no one requested a hearing prior to
extension decision, an adjudicatory hearing was
required absent showing that material facts supporting
the extension decision were not subject to dispute, and
(5) an ocean discharge permit issued in compliance with
then existing guidelines can be validly issued at a time
during which the prior guidelines have been withdrawn
for revision.
Remanded.
7Reprinted with permission from 586 F. 2d 650, copyright © 1978 by West Publishing Company.
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COSTLE, ADMINISTRATOR,
ENVIRONMENTAL PROTECTION
AGENCY
v.
PACIFIC LEGAL FOUNDATION8
CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE NINTH
COURT
No. 78-1472.
Argued December 5,1979-
Decided March 18,1980.
Section 402(a)(l) of the Federal Water Pollution Control
Act (FWPCA) authorizes the Administrator of the
Environmental Protection Agency (EPA), "after
opportunity for public hearing," to issue a permit for the
discharge of any pollutant upon condition that such
discharge will meet all applicable requirements of the
FWPCA or such conditions as the Administrator
determines are necessary to carry out the Acf s goals and
objectives. Implementing regulations provide for public
notice of the proposed issuance, denial, or modification
of a permit; direct the EPA Regional Administrator to
hold a public hearing on the proposed action if he finds
a significant degree of public interest; and permit any
interested person to request an "adjudicatory hearing"
after the EPA's determination to take the proposed
action. Such a request will be granted if it "[s]ets forth
material issues of fact relevant to the questions of
whether a permit should be issued, denied or modified."
Respondent city of Los Angeles (city) owns a sewage
treatment plant that is operated under permits issued by
the EPA pursuant to the National Pollutant Discharge
Elimination System (NPDES), established by the
FWPCA. The city's current permit, as issued in 1975,
conditioned continued discharges from the sewage
treatment plant into the Pacific Ocean on the city's
compliance with a schedule for achieving full secondary
treatment of waste water by October 1,1979. hi April
1977, the EPA advised the city that it proposed to extend
the expiration date of the 1975 permit for a second time,
to December 17,1979, with all other terms and
conditions of the permit to remain unchanged. Notice of
the proposed action was published in the Los Angeles
Times, but neither the city nor any other party, including
respondent Pacific Legal Foundation, requested a
hearing or filed comments on the proposed extension,
and the EPA Regional Administrator determined that
public interest in the modification proposal was
insufficient to warrant a public hearing. After
respondent Kilroy's post determination request for an
adjudicatory hearing was denied on the ground that it
did not set forth material issues of fact relevant to the
question whether the permit should be extended,
respondents filed petitions with the Court of Appeals
seeking review of the Regional Administrator's action.
The Court of Appeals held that the EPA had failed to
provide the "opportunity for public hearing" required
by §402(a)(l) when it extended the Federal permit, and
remanded for a "proper hearing." In so holding, the
court concluded that the EPA is required to justify every
failure to hold a hearing on a permit action by proof that
the material facts supporting the action "are not subject
to dispute."
'Reprinted with permission from 100 S. Ct 1095, copyright © 1980 by West Publishing Company.
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Held:
1. The Court of Appeals erred in concluding that the
EPA is required to hold a public hearing on every
NPDES permit action it takes unless it can show that
the material facts supporting its action "are not
subject to dispute." Rather, the implementing
regulations in question are fully consistent with the
FWPCA's purpose to provide me public with an
"opportunity" for a hearing concerning agency
actions respecting water pollution control, and are
valid. Pp. 213-216.
2. Respondents have failed to demonstrate that the
regulations in question were not applied properly in
the context of this case. Pp. 216-220.
(a) Under the circumstances presented here, it was
reasonable for the Regional Administrator to
extend the permit's expiration date without
further public hearing, on the grounds that the
public had not exhibited a significant degree of
interest in the proposed action, and that
information pertinent to such a decision would
not have been adduced if a hearing had been
held. Pp. 216-218.
(b) The form of notice by newspaper publication
was adequate. The city's argument that the
notice was inadequate because its
understanding of the compliance schedules was
contrary to the EPA's was not pertinent to the
agency's decision to extend the permit's
expiration date. Pp. 218-219.
(c) The EPA did not err in failing to hold an
adjudicatory hearing on the issues raised in
respondent Kilroy's request because that request
did not set forth material issues of fact pertinent
to the question whether the permit's expiration
date should be extended. Pp. 219-220.
586 F.2d 650, reserved.
BLACKMUN, J., delivered the opinion for a unanimous
Court.
William Alsup argued the cause for petitioner. With him
on the briefs were Solicitor General McCree, Assistant
Attorney.
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AMERICAN PETROLEUM INSTITUTE
v..
ENVIRONMENTAL PROTECTION
AGENCY9
No. 84-4573.
United States Court of Appeals,
Fifth Circuit.
April 18,1986.
Oil industry trade association and four oil companies
brought petition for review of Environmental Protection
Agency's issuance of two permits controlling discharges
of pollutants from offshore drilling rigs to Alaskan Outer
Continental Shelf and territorial seas. The Court of
Appeals, Edith Hollan Jones, Circuit Judge, held that:
(1) Agency's failure to act in accordance with its own
regulations in enacting ban on drilling fluid containing
diesel oil mandated remand of such limitation to
Agency, and (2) effluent limitations concerning barite,
toxicity limits and biocides, and prohibiting discharge
between island shoreline and two-meter isobath were
not arbitrary or capricious.
Approved in part; vacated and remanded in part.
JohnA.BERSANI
v.
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY10
No. 86-CV-772.
United States District Court,
N.D. New York.
October 6,1987.
Shopping mall developers brought action to challenge
final determination of Environmental Protection Agency
that denied permission to construct a shopping mall on a
swamp. Agency moved for summary judgment. The
District Court, McAvoy, J., held that: (1) Agency could
consider avoidability of loss in conjunction with its
magnitude in determining whether environmental effect
was unacceptable and significant; (2) Agency properly
concluded that alternative to construction of mall on
swamp was feasible and available; and (3) Agency did
not act arbitrarily in concluding that significant loss of
wildlife resources would result from construction of
mall on swamp.
Motion granted.
MARATHON OIL COMPANY
v..
ENVIRONMENTAL PROTECTION
AGENCY11
No 86-4739.
United States Court of Appeals,
Fifth Circuit.
Nov. 2,1987.
Oil company brought petition for review challenging
decision of Environmental Protection Agency in
proposing certain conditions on permit authorizing
discharge of pollutants into waters of State of Alaska.
The Court of Appeals, Gee, Circuit Judge, held that
EPA's decision that oil company's outfalls at two
facilities had to be submerged was not arbitrary or
capricious.
Petition for review denied.
9Reprinted with permission from 787 F. 2d 965, copyright © 1986 by West Publishing Company.
10Reprinted with permission from 674 F. Supp. 405, copyright © 1987 by West Publishing Company.
"Reprinted with permission from 830 F. 2d 1346, copyright © 1987 by West Publishing Company.
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Appendix B: Bulletins and Fact Sheets
This section contains an annotated listing of key bulletins and fact sheets pertaining to the 403
program.
Coastlines
Bimonthly
U.S. EPA OWOW/OCPD
(202)260-1952
Disseminates information about estuaries and near
coastal waters. Produced by the Alliance for the
Chesapeake Bay.
News-Notes
U.S. EPA OWOW/AWPD
(202) 260-7040
Explores issues dealing with the condition of the
environment and control of nonpoint sources of water
pollution. Includes contacts for more information on the
subjects covered, a calendar of meetings and events, and
calls for papers. Written for state and local water quality
managers, other interested public officials,
environmental groups, private industry, citizens, and
academics.
Volunteer Monitor
Biannually
U.S. EPA OWOW/AWPD
(202) 260-7040
Includes articles for and by citizen volunteer water
monitors on volunteer methods, organizational and
planning issues, resources for volunteers, current
activities, and progress. Supported by EPA and co-
edited by volunteer monitoring groups.
The Water Monitor
Monthly
U.S. EPA OWOW/AWPD
(202) 260-7040
Highlights monitoring activities in the states and
Regions, summarizes and announces meetings and
publications, and provides updates on innovative
research and program developments. Allows surface
water monitoring staff in the states, EPA Regions, and
EPA Headquarters to exchange information on their
programs and activities.
Watershed Events
Quarterly
U.S.EPAOWOW
(202) 260-7166
Updates EPA offices and other interested parties on
progress in the development and use of watershed
protection approaches for improving the environmental
quality of aquatic ecosystems.
Water Quality Criteria and Standards
Newsletter
Quarterly
U.S.EPAOST/SASD
(202)260-7301
Highlights current events related to the development
and application of water quality standards and criteria.
Announces upcoming guidance documents and
regulations in these programs, as well as workshops,
conferences, and other events.
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301(7;) Fact Sheet
As available
US. EPA OWOW/OCPD
(202)260-8448
Describes background, requirements, and implications
of EPA's 301(h) waiver program. Includes contact and
program status information.
403 Fact Sheet
Expected summer 1994
US. EPA OWOW/OCPD
(202)260-8448
Describes background, requirements, and implications
of EPA's 403(c) ocean discharge program. Discusses
ecological risk assessment, NPDES permitting, Ocean
Discharge Guidelines, and 403(c) decision tree. Includes
contact and program status information.
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Appendix C: Courses, Conferences, and Workshops
This section contains a listing of key periodic events related to the 403 program, as well as the
names of the sponsoring offices for each event. The events may include courses, conferences, or
workshops designed for training Regional coordinators, improving monitoring methods, or
enhancing and refining management techniques.
Event i Sponsoring Office(s)
403/301 (h) Ocean Program Coordinators National Meeting
Coastal Zone Management Meeting/Regional Workshops
Industrial Pollution Prevention Project (IPS) Focus Group
National Environmental Information Conference (NEIC)
National Estuary Program Directors Meeting
National Ocean Survey Meeting
NPDES Permit Writers Training Workshop
NPDES Training Workshop: TSD for Water Quality Toxics
Oceans '94
OWOW National Meeting
STORET Modernization Conference
The National Coastal Programs Annual Conference
Water Management Division Directors Meeting
Water Quality Standards National Meeting
a EPA OWOW
• EPA OWOW
H NOAAOCRM
• EPAOST
• EPAOffiM
• EPA Region m
• EPA OWOW
• EPA OWOW
• EPAOWEC
• EPAOWEC
• NOAAOCRM
• EPA OWOW
• EPA Office of Water
• EPA OWOW
• EPA OWOW
• EPAOST
Legend of Office Acronyms
EPA
• OIRM -
• OWEC -
• OWOW -
• OST
NOAA -
• OCRM -
Environmental Protection Agency
• Office of Information Resources Management
• Office of Wastewater Enforcement and Compliance
• Office of Wetlands, Oceans and Watersheds
• Off ice of Science and Technology
National Oceanic and Atmospheric Administration
• Office of Ocean and Coastal Resource Management
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