Are seasonal water quality-based permit limits for nutrients (nitrogen and phosphorus) appropriate?
The answer to this question is specific to nutrients. Seasonal water quality-based permit limits are not explicitly specified in the NPDES regulations under 40 CFR 122 . However, seasonal permit limits may be acceptable if they are consistent with applicable water quality standards, and with the assumptions and requirements of the wasteload allocation of any approved TMDL (40 CFR 130.7(c) ). For example, if the water quality standards for nutrients provide for seasonal limits, permits can include seasonal limits. See the memorandum, discussing nitrogen and phosphorus annual permit limits [PDF – 444 KB – 5 pp] implemented to protect the Chesapeake Bay.