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Clarification of Ogc Opinion No. 40

By Environmental Protection Agency

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Book Id: WPLBN0000044053
Format Type: PDF eBook
File Size: 0.2 MB
Reproduction Date: 2007
Full Text

Title: Clarification of Ogc Opinion No. 40  
Author: Environmental Protection Agency
Language: English
Subject: Ecology, Natural resource issues, Environemtal protection
Collections: Environmental Awareness Library Collection
Publication Date:
Publisher: United States Environmental Protection Agency


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Agency, E. P. (n.d.). Clarification of Ogc Opinion No. 40. Retrieved from

Excerpt: In OGC Opinion of Law No. 40, Apr. 2, 1976, the General Counsel stated that the Regional Administrator may, when issuing an NPDES permit, consider the economic impact on an individual discharger of the effluent limitations which are proposed to be imposed in establishing effluent limitations representing the “best practicable control technology currently available”, when effluent limitations guidelines applicable to the source involved have not been promulgated under FWPCA §§301 and 304. The Opinion states that the Regional Administrator must weigh the internal and “external” costs of effluent reduction against the effluent reduction achieved, and that “the resolution of that process is, of course, a matter within the sound discretion of the Regional Administrator: it is not a matter of law. Id. at 6.

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