Modification of Secondary Treatment Requirements for Discharges into Marine Waters (Renewal)

The Clean Water Act (CWA) section 301(h) allows for a case-by-case review of treatment requirements for publicly owned treatment works (POTW) discharges to marine waters. Eligible POTWs that met the set of environmentally stringent criteria in CWA section 301(h) received a modified National Pollutant Discharge Elimination System (NPDES) permit waiving the secondary treatment requirements for the conventional pollutants-biochemical oxygen demand, suspended solids, and pH. CWA section 301(h) only applies to the 25 POTWs that applied by December 29, 1982, and currently hold CWA 301(h) modified permits. and the five states in which the POTWs are located. No new applications are accepted. As described below in more detail, the CWA section 301(h) program involves collecting information from two sources: 1) the POTW, and 2) the state in which the POTW is located. The POTW holding or seeking to renew or revise a CWA section 301(h) modified permit provides application, reapplication, monitoring, and toxic control program information. The state provides state determination and certification information. The statutory and regulatory authorities for these two aspects of the CWA section 301(h) program are discussed in the following sections.

The latest form for Modification of Secondary Treatment Requirements for Discharges into Marine Waters (Renewal) expires 2029-06-30 and can be found here.