[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18333]
[Federal Register: July 28, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5016-6]
National Pollutant Discharge Elimination System (NPDES);
Preparation of Draft General Permit for the States of Maine,
Massachusetts, and New Hampshire
AGENCY: Environmental Protection Agency.
ACTION: Notice; Preparation of Draft General NPDES Permits--MAG640000,
MEG640000, and NHG640000.
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SUMMARY: The Regional Administrator of Region I is today providing
Notice of a Draft General NPDES Permit for water treatment facilities
in certain waters of the States of Maine, Massachusetts, and New
Hampshire. This draft general NPDES Permit proposes effluent
limitations, standards, prohibitions and management practices for these
types of discharges (Appendix A contains the Draft General NPDES
Permits and Appendix B is the Draft General Conditions applicable to
all three general permits). The permit will become effective 30 days
after the date of publication of the final general permit in the
Federal Register. The permit will expire 5 years from the effective
date. Owners and/or operators of facilities discharging effluent from
water treatment facilities will be required to submit to EPA, Region I,
a notice of intent (NOI) to be covered by the appropriate general
permit and will receive a written notification from EPA of permit
coverage and authorization to discharge under the general permit.
The draft permit is based on an administrative record available for
public review at: Environmental Protection Agency, Region I, John F.
Kennedy Federal Building, WMM, Boston, Massachusetts 02203.
The following ``Fact Sheet and SUPPLEMENTARY INFORMATION'' section
sets forth principal facts and the significant factual, legal, and
policy questions considered in the development of the draft permits.
DATES: For comment period: Interested persons may submit comments on
the draft general permits as part of the administrative record to the
Regional Administrator, Region I at the address given in the preceeding
``SUMMARY'' section no later than August 29, 1994.
FOR FURTHER INFORMATION AND COPIES OF DRAFT GENERAL NPDES PERMITS:
Additional information concerning the draft permits may be obtained
between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday
excluding holidays from: Suprokash Sarker, Wastewater Management
Branch, Water Management Division, Environmental Protection Agency,
J.F. Kennedy Federal Building, WMN, Boston, Massachusetts 02203,
Telephone (617) 565-3573.
FACT SHEET AND SUPPLEMENTARY INFORMATION:
I. Background Information
A. General Permits
Section 301(a) of the Clean Water Act (the Act) provides that the
discharge of pollutants is unlawful except in accordance with a
National Pollutant Discharge Elimination System (NPDES) permit.
Although such permits to date have generally been issued to individual
discharges, EPA's regulations authorize the issuance of ``general
permits'' to categories of discharges. See 40 CFR 122.28 (48 FR 14146,
April 1, l983). EPA may issue a single, general permit to a category of
point sources located within the same geographic area whose permits
warrant similar pollutant control measures.
The Director of an NPDES permit program is authorized to issue a
general permit if there are a number of point sources operating in a
geographic area that:
1. Involve the same or substantially similar types of operations;
2. Discharge the same types of wastes;
3. Require the same effluent limitations or operating conditions;
4. Require the same or similar monitoring requirements; and
5. In the opinion of the Regional Administrator, are more
appropriately controlled under a general permit than under individual
permits.
Violations of a condition of a general permit constitutes a
violation of the Clean Water Act and subjects the discharger to the
penalties in Section 309 of the Act.
Any owner or operator authorized by a general permit may be
excluded from coverage of a general permit by applying for an
individual permit. This request may be made by submitting a NPDES
permit application together with reasons supporting the request no
later than 90 days after publication by EPA of the final general permit
in the Federal Register. The Regional Administrator may require any
person authorized by a general permit to apply for and obtain an
individual permit. Any interested person may petition the Regional
Administrator to take this action. However, individual permits will not
be issued for sources discharging effluent from water treatment
facility covered by this general permit unless it can be clearly
demonstrated that inclusion under the general permit is inappropriate.
The Regional Administrator may consider the issuance of individual
permits when:
1. The discharge(s) is a significant contributor of pollution;
2. The discharge(s) is not in compliance with the terms and
conditions of the general permit;
3. A change has occurred in the availability of demonstrated
technology or practices for the control or abatement of pollutants
applicable to the point source;
4. Effluent limitations guidelines are subsequently promulgated for
the point sources covered by the general permit;
5. A Water Quality Management plan containing requirements
applicable to such point sources is approved; or
6. The requirements listed in the previous paragraphs are not met.
B. Coverage Under This General Permit
Under this general permit, owners and operators of potable water
treatment plants in Massachusetts, Maine and New Hampshire may be
granted authorization to discharge process generated wastewaters into
waters of the respective States as follows:
a. Treated presedimentation underflow;
b. Treated underflow from the coagulation/settling processes using
aluminum compounds or polymers as coagulants; and
c. Treated filter backwash water from filters.
This permit shall apply specifically to operators that have a
discharge from a point source such as a sludge settling lagoon or other
device whereby comparable control of suspended solids is possible.
Authorization under the permit shall require prior submittal of
certain facility information. Upon receipt of all required information,
the permit issuing authority may allow or disallow coverage under the
general permit.
The following list shows the criteria which will be used in
evaluating whether or not an individual permit may be required instead
of a general permit.
1. Evidence on non-compliance under previous permit for the
operation;
2. Preservation of high quality waters and fisheries;
3. Facilities with an effluent discharge flow of over 1.00 MGD
maximum daily for the states of Massachusetts and New Hampshire and
0.15 MGD maximum daily for the state of Maine.
4. Production of effluent at the facility other than using aluminum
compound or polymer as coagulant, and
5. Use of land application as a means of discharge.
6. For the state of Maine, a minimum dilution of effluent of 100:1
in the receiving water at 7Q10 should be stipulated.
The similarity of the discharges has prompted EPA to prepare this
draft general permit for public review and comment. When issued, this
permit will enable facilities to maintain compliance with the Act and
will extend environmental and regulatory controls to a large number of
discharges and reduce some permit backlog. The issuance of this general
permit for the geographic areas described below is warranted by this
similarity of (a) environmental conditions. (b) State regulatory
requirements applicable to the discharges and receiving waters, and (c)
technology employed.
Maine
In the State of Maine, there are 271 industrial applicants or
permittees. It is estimated that 13 of the industries that have direct
discharges to the waters of the State are strictly water treatment
facilities.
New Hampshire
In the State of New Hampshire, there are 171 estimated industrial
applications or permittees. It is estimated that 2 or more of the
industries that have the direct discharges to the waters of the State
are strictly water treatment facilities.
Massachusetts
In the Commonwealth of Massachusetts, there are 651 industrial
applicants or permittees. It is estimated that 33 of the industries
that have direct discharges to the waters of the State are strictly
water treatment facilities.
II. Conditions of the Draft General NPDES Permit
A. Geographic Areas
Maine (Permit No. MEG640000)
All of the discharges to be authorized by the general NPDES permit
for the State of Maine from dischargers are limited to Class B, C, SB
and SC waters of the State, except lakes. The drainage areas must be
more than 10 square miles.
Massachusetts (Permit No. MAG640000)
All of the discharges to be authorized by the general NPDES permit
for the Commonwealth of Massachusetts dischargers are into all waters
in Water Quality Classifications B, C, SB and SC as designated in
Massachusetts Water Quality Standards, 314 CMR 4.00 et seq.
New Hampshire (Permit No. NHG640000)
All of the discharges to be authorized by the general NPDES permit
for the State of New Hampshire dischargers are into all waters of the
State of New Hampshire unless otherwise restricted by the State Water
Quality Standards, New Hampshire RSA 485-A:8.
B. Notification by Permittees
Operators of facilities whose discharge, or discharges, are
described in Part IB and whose facilities are located in the geographic
areas described in Part II. A. above may submit to the Regional
Administrator, Region I, a notice of intent to be covered by the
appropriate general permit. This written notification must include the
owner's or operator's legal name and address, the number and type of
facilities to be covered, the facility locations, the names of the
receiving waters into which discharge will occur. The facilities
authorized to discharge under a final general permit will receive
written notification from EPA, Region I, within 30 days of permit
coverage. Failure to submit to EPA, Region I, a notice of intent to be
covered or failure to receive from EPA written notification of permit
coverage means that the facility is not authorized to discharge.
C. Effluent Limitations
1. Statutory Requirements
The Clean Water Act requires all dischargers to meet effluent
limitations based on the technological capability of dischargers to
control the discharge of the pollutants. Section 301(b)(1)(A) requires
the application of ``Best Practicable Control Technology Currently
Available'' (BPT). Section 301(b)(2) (A), (C), (D), and (F) requires
the application of ``Best Available Technology Economically Available''
(BAT) by July 1, 1984, for all toxic pollutants referred to in Table 1
of Committee Print Numbered 95-30 of the Committee on Public Works and
Transportation of the House of Representatives and not later than three
years after the date any limitations are established for toxic
pollutants listed under paragraph (1) of subsection (a) of Section 307
of the Act which are not referred to in subparagraph (C) of Section
301(b)(2). Section 301(b)(2)(A) and (F) requires ``Best Available
Treatment Technology Economically Achievable'' (BAT) for
nonconventional pollution by July 1, 1984, and Section 301(b)(2)(E)
requires the application of the Best Conventional Pollutant Control
Technology (BCT) for conventional pollutants by July 1, 1984. The
effluent limitations in the general permit are consistent with these
statutory requirements.
2. Technology-based Effluent Limitations
The Environmental Protection Agency has not developed effluent
guidelines for water treatment facilities. In the absence of national
standards, effluent limitations for the TSS limitations are based upon
best professional judgement pursuant to Section 401(a)(1) of the CWA.
The ``Maximum Daily'' TSS limitation and the limitations for
settleable solids and pH are based upon state certification
requirements under Section 401(a)(1) of the CWA, 40 CFR 124.53 and
124.55, and water quality considerations.
3. Water Quality Standards
The effluent from the water treatment facility may contain toxic
pollutants due to use of chemicals and chlorine. However, they do not
contain hazardous pollutants or oil and grease. Therefore, water
quality criteria established for oil and grease and hazardous
pollutants do not apply to these discharges. Water Quality Standards
applicable to these discharges are limited to pH, seettleable solids,
and TSS. In addition testing requirements are necessary for aluminum,
chlorine and LC50, C-NOEC. The limits of total residual chlorine and
aluminum for the state of Maine are based upon state certification
requirements.
4. Antidegradation Provisions
The conditions of the permit reflect the goal of the CWA and EPA to
achieve and maintain water quality standards. The environmental
regulations pertaining to the State Antidegradation Policies which
protect the State's surface waters from falling below State standards
for water quality are found in the following provisions: Maine Title
38, Article 4-A, Section 464.4.F.; Massachusetts Water Quality
Standards 314 CMR 4.04 Antidegradation Provisions; and New Hampshire
policy RSA 485-A:8, VI Part Env-Ws 437.01 and Env-Ws 437.02.
This general permit will not apply to any new or increased
discharge unless it can be determined that such discharges will result
in insignificant effects to the receiving waters. This determination
shall be made in accordance with the appropriate State Antidegradation
Policies.
5. Monitoring and Reporting Requirements
Effluent limitations and monitoring requirements are included in
the general permit describing requirements to be imposed on facilities
to be covered.
Facilities covered by the final general permits will be required to
submit to EPA, Region I, and the appropriate State a Discharge
Monitoring Report containing effluent data on a semi-annual basis.
The monitoring requirements have been established to yield data
representative of the discharge under authority of Section 308(a) of
the Act and 40 CFR 122.41(j), 122.44(i) and 122.48, and as certified by
the State.
III. Other Requirements
The remaining conditions of the permit are based on the NPDES
regulations 40 CFR parts 122 through 125 and consist primarily of
management requirements common to all permits.
IV. State Certification
Section 301(b)(1)(C) of the Act requires that NPDES permits contain
conditions which ensure compliance with applicable State water quality
standards or limitations. Section 401 requires that States certify that
Federally issued permits are in compliance with State law.
These permits are for operations within waters of the States. EPA
is requesting the States to review and provide appropriate
certification to these general permits pursuant to 40 CFR 124.53.
V. Administrative Aspects
A. Request To Be Covered
Owners or operators of water treatment facility discharges are not
covered by this general permit until they meet two requirements. First,
they must send a letter of intent to EPA indicating that they meet the
requirements of the permit and wish to be covered. Second, they must be
notified by EPA that they are covered by a general permit. If the
facility has an existing individual NPDES permit, it will be terminated
as outlined in 40 CFR 122.28(b)(2)(iv).
B. Mechanisms
All persons, including dischargers who believe any condition of the
draft permit is inappropriate must raise all issues and submit all
available arguments and supporting material for their arguments in full
by the close of the public comment period, to the U. S. EPA, Wastewater
Management Branch, WMN, JFK Federal Building, Boston, Massachusetts,
02203. Any person, prior to such date, may submit a request in writing
for a public hearing to consider the draft permit to EPA and the State
Agency. Such requests shall state the nature of the issues proposed to
be raised in the hearing. A public hearing may be held after at least a
30-day public notice whenever the Regional Administrator finds that
response to this notice indicates significant interest. In reaching a
final decision on the draft permits, the Regional Administrator will
respond to all significant comments and make these responses available
to the public at EPA's Boston office.
Following the close of the comment period, and after the public
hearing, if such hearing is held, the Regional Administrator will issue
a final permit in the Federal Register.
C. The Coastal Zone Management Act
The Coastal Zone Management Act (CZMA), 16 U.S.C. 1451 et seq., and
its implementing regulations [15 CFR Part 930] require that any
federally licensed activity affecting the coastal zone with an approved
Coastal Zone Management Program (CZMP) be determined to be consistent
with the CZMA. EPA, Region I, has determined that these general NPDES
permits are consistent with the CZMA. EPA has requested the
Massachusetts, Maine, and New Hampshire coastal zone agencies for a
determination that these three permits are consistent with their
respective State policies.
D. The Endangered Species Act
EPA Region I has concluded that the discharges to be covered by the
general NPDES permits will not affect or jeopardize the continued
existence of any endangered or threatened species or adversely affect
its critical habitat. EPA has requested consultations with the U.S.
Fish and Wildlife Service and the National Marine Fisheries Service to
confirm this conclusion.
E. Environmental Impact Statement Requirements
The general permits do not authorize the construction of any water
resources project or the impoundment of any water body or have any
effect on historical property, and are not major Federal activities
needing preparation of any Environmental Impact Statement. Therefore,
the Wild and Scenic Rivers Act, 16 U.S.C. 1273 et seq., the National
Historic Preservation Act of 1966, 16 U.S.C 470 et seq., the Fish and
Wildlife Coordination Act, 16 U.S.C. 661 et seq., and the National
Environmental Policy Act, 33 U.S.C. 4321 et seq., do not apply to the
issuance of this general NPDES permit.
VI. Other Legal Requirements
A. Economic Impact (Executive Order 12866)
EPA has reviewed the effect of Executive Order 12866 on this draft
general permit and has determined that it is not a significant rule
under that order. This regulation was submitted previously to the
Office of Management and Budget for review as required by the former
Executive Order 12291. The Office of Management and Budget exempted
this action from the review requirements of Executive Order 12291
pursuant to Section 8(b) of that Order, which was revoked and
superseded by Executive Order 12866.
B. Paperwork Reduction Act
EPA has reviewed the requirements imposed on regulated facilities
by these draft general NPDES permits under the Paperwork Reduction Act
of 1980, 44 U.S.C. 3501 et. seq. The information collection
requirements of these draft permits have already been approved by the
Office of Management and Budget under submissions made for the NPDES
permit program under the provisions of the Clean Water Act. No comments
from the Office of Management and Budget or the public were received on
the information collection requirements in these permits.
C. The Regulatory Flexibility Act
After review of the facts presented in the notice printed above, I
hereby certify, pursuant to the provisions of 5 U.S.C. 605(b), that
this permit does not have a significant impact on a substantial number
of small entities. Moreover, the draft permit will reduce a significant
administrative burden on regulated sources.
Dated: July 6, 1994.
John P. DeVillars,
Regional Administrator.
Appendix A--Draft General Permit
Proposed Draft General Permit Under the National Pollutant
Discharge Elimination System (NPDES)
Note: The Following draft general NPDES permit has been combined
for purposes of this Federal Register notice in order to eliminate
duplication of material common to all permits for the individual
states.
1. Massachusetts, Maine and New Hampshire Draft General Permit.
In compliance with the provisions of the Federal Clean Water
Act, as amended, (33 U.S.C. 1251 et.seq.) the ``CWA'' operators of
facilities located in Part II A. which discharge effluent from water
treatment facilities as defined in Part IB at a rate of one million
gallons per day or less to waters as designated in Part II A in
accordance with effluent limitations, monitoring requirements and
other conditions set forth herein.
This permit shall become effective on the date of the signature
below.
This permit and the authorization to discharge expire at
midnight, five years from date of signature.
This permit consists of Part I below including effluent
limitations, monitoring requirements etc. and Part II under Appendix
B, General Requirements.
Operators of facilities within the general permit area who fail
to notify the Director of their intent to be covered by this general
permit and receive no written notification of permit coverage or
those who are denied by the Director are not authorized under this
general permit to discharge from those facilities to the receiving
waters.
Signed this ________ day of ____________ David A. Fierra
Director, Water Management Division, Environmental Protection
Agency, Region I, Boston, Massachusetts 02203.
Part I
A. Effluent Limitations and Monitoring Requirements
1. During the period beginning effective date and lasting
through expiration, the permittee is authorized to discharge from
each outfall effluent from water treatment facilities to receiving
waters as designated in Part II A.
a. Such discharges shall be limited and monitored by the
permittee as specified below:
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Discharge limitations Monitoring requirements
Effluent -------------------------------------------------------------------------------------------
characteristic Measurement\2\
Avg. monthly Max. daily\1\ frequency Sample type
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Flow (MGD).......... See note A.1. i..... See note A.1. i..... 1/week.......... Daily average.
TSS(mg/l)........... 30.................. 50.................. 1/week.......... Grab.
Settleable Solids .1.................. 0.2................. 1/week.......... Grab.
(ml/l)1, 5.
pH.................. See note A.1 g...... See note A.1 g...... ................ ............................
Aluminum(mg/l)...... See note A.1 j...... See note A.1 j...... 1/month......... Grab.
LC50&C-NOEC\3\...... See note A.1 h...... See note A.1 h...... ................ Grab.
Chlorine Residual\4\ See note A.1 k...... See note A.1 k...... Daily........... Grab.
ug/l.
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\1\State certification requirement.
\2\Samples shall be taken only when discharging.
\3\LC-50 is the concentration of effluent in a sample that causes mortality to 50% of the test population at a
specific time or observation. No Observed Chronic Effect Concentration (C-NOEC) is the highest concentration
of effluent to which organisms are exposed in a life-cycle or partial life-cycle test which causes no adverse
effect on growth, survival and reproduction.
\4\Test only if chlorination is used in the process.
\5\Commonwealth of Massachusetts only.
b. The discharge shall not cause objectionable discoloration of
the receiving waters.
c. There shall be no discharge of floating solids or visible
foam. The discharge shall be adequately treated to insure that the
surface water remains free from pollutants in concentratins or
combinations that settle to form harmful deposits, float as foam,
debris, scum or other visible pollutants. It shall be adequately
treated to insure that the surface waters remain free from
pollutants which produce odor, color, taste or turbidity in the
receiving water which is not naturally occuring and would render it
unsuitable for its designated use.
d. The effluent limitations are based on the state water quality
standard and are certified by the states.
e. Samples taken in compliance with the monitoring requirements
specified above shall be taken at the point of discharge.
f. All discharges as designated in IB shall pass through a
settling pond for 24 hours minimum detention time or other approved
treatment system and meet the effluent limitations in Part I.1.a.
prior to discharge to waters of the states.
g. pH. Massachusetts.
The pH of the effluent shall not be less than nor greater than
the range given for the receiving water classifications, unless
these values are exceeded due to natural causes.
The following table specifies ranges for Massachussetts:
------------------------------------------------------------------------
Classification Range
------------------------------------------------------------------------
B............................................................ 6.5-8.3
C............................................................ 6.5-9.0
SB........................................................... 6.5-8.5
SC........................................................... 6.5-9.0
------------------------------------------------------------------------
Maine
The pH range in both freshwater and saltwater is 6.0 to 8.5 su.
Unless establishes on a case-by-case basis (By State Policy).
New Hampshire
The pH of the effluent shall not be less than 6.5 standard units
(su) nor greater than 8.0 su at any time unless these values are
exceeded due to natural causes.
h. One chronic and modified acute toxicity screening test shall
be performed by the permittee within 90 days after the issuance date
of this general NPDES permit. One grab sample will be taken during
normal facility operation. The Cerio-daphnia dubia for fresh water
and sea-urchin for marine water shall be used as test organism in
the test. A copy of the test procedure and detailed protocol will be
provided upon request from EPA, Region I. The results of the chronic
biological test (C-NOEC and LC50) will be forwarded to State and EPA
within 30 days after the completion of all tests.
i. The states of Massachusetts and New Hampshire will have a
maximum daily limit of 1.0 mgd. The state of Maine will have a
maximum daily limit of 0.15 mgd.
j. For the states of Massachusetts and New Hampshire report
only. For the state of Maine the maximum daily limit of Aluminum
will be 5.0 mg/l.
k. For the states of Massachusetts and New Hampshire report
only. For the state of Maine the maximum daily limit of chlorine
residual will be 1.0 mg/l.
B. Monitoring and Reporting
1. Reporting
Maine, Massachusetts and New Hampshire
Monitoring results obtained during the previous 6 months shall
be summarized for each quarter and reported on separate Discharge
Monitoring Report Form(s) postmarked no later than the 15th day of
the month following the completed reporting period. The reports are
due on the 15th days of January and July. The first report may
include less than 6 months information.
Signed copies of these, and all other reports required herein,
shall be submitted to the Director and the State at the following
addresses as follows:
a. EPA shall receive copy of all reports required herein: NPDES
Program Operations Section, Water Compliance Branch Water Management
Division, Environmental Protection Agency, Post Office Box 8127,
Boston, MA 02114.
b. Massachusetts Division of Water Pollution Control.
(1) The Regional offices wherein the discharge occurs, shall
receive a copy of all reports required herein:
Massachusetts Department of Environmental Protection, Massachusetts
Division of Water Pollution Control, Western Regional Office, 436
Dwight St., Suite 402, Springfield, MA 01101
Massachusetts Department of Environmental Protection, Massachusetts
Division of Water Pollution Control, Southeastern Regional Office,
20 Riverside Drive Lakeville, MA 02346
Massachusetts Department of Environmental Protection Massachusetts
Division of Water Pollution Control, Northeastern Regional Office,
10 Commerce Way, Woburn, MA 01801
Massachusetts Department of Environmental Protection, Massachusetts
Division of Water Pollution Control, Central Regional Office, 75
Grove Street, Worcester, Massachusetts 01605
(2) The Central Boston Office shall receive all notifications
reports other than the DMRs required by this permit shall be
submitted to the States at: Massachusetts Department of
Environmental Protection, Massachusetts Division of Water Pollution
Control 7th Floor, 1 Winter Street, Boston, MA 02108.
c. Maine Department of Environmental Protection. Signed copies
of all reports required by this permit shall be sent to the State of
Maine Department of Environmental Protection, Operation and
Maintenance Division, State House, Station 17. Augusta, ME 04333.
d. New Hampshire Department of Environmental Services.
Signed copies of all reports required by this permit shall be
sent to the State at: New Hampshire Department of Environmental
Services, Water Supply and Pollution Control Division, Permits and
Compliance Section; P.O. Box 95, Concord, New Hampshrie 03302-0095.
C. Additional General Permit Conditions
1. Notification Requirements
a. Written notification of commencement of operations including
the legal names and addresses of the owners and operator and the
locations, number and type of facilities and/or operations covered
shall be submitted.
(1) For existing discharges as soon as possible after the
effective date of this permit, by operators whose facilities and/or
operations are discharging into the general permit area on the
effective date of the permit; or
(2) For new or substantially increased discharges 20 days prior
to commencement of the discharge by operators whose facilities and/
or operations commence discharge subsequent to the effective date of
this permit.
b. Operators of facilities and/or operations within the general
permits area who fail to notify the Director of their intent to be
covered by this general permit and obtain written authorization of
coverage are not authorized under this general permit to discharge
from those facilities into the named receiving waters.
2. Termination of Operations
Operators of facilities and/or operators authorized under this
permit shall notify the Director upon the termination of discharges.
3. Renotification
Upon reissuance of a new general permit, the permittee is
required to notify the Director of his intent to be covered by the
new general permit.
4. When the Director May Require Application for an Individual NPDES
Permit
Any interested person may petition the Director to take such
action. Instances where an individual permit may be required include
the following:
(1) The discharge(s) is a significant contributor of pollution:
(2) The discharger is not in compliance with the conditions of
this permit;
(3) A change has occurred in the availability of the
demonstrated technology of practices for the control or abatement of
pollutants applicable to the point source;
(4) Effluent limitation guidelines are promulgated for point
sources covered by this permit;
(5) A Water Quality Management Plan containing requirements
applicable to such point source is approved; or
(6) The point source(s) covered by this permit no longer:
(a) Involves the same volume or substantially similar types of
operations
(b) Discharges the same type of wastes;
(c) Requires the same effluent limitations or operating
conditions;
(d) Requires the same or similar monitoring and
(e) In the opinion of the Director is more appropriately
controlled under a general permit than under an individual NPDES
permit.
5. The Director may require an individual permit only if the
permittee authorized by the general permit has been notified in
writing that an individual permit is required, and has been given a
brief explanation of the reasons for this decision.
6. When an Individual NPDES Permit is issued to an operator
otherwise subject to this general permit, the applicability of this
permit to that owner or operator is automatically terminated on the
effective date of the individual permit.
Appendix B: Part II, General Requirements for all EPA, Region I,
General NPDES Permits
Section A. General Requirements
1. Duty to Comply see 40 CFR 122.41(a).
2. Permit Actions see 40 CFR 122.41(f).
3. Duty to Provide Information see 40 CFR 122.41(h).
4. Reopener Clause.
The Regional Administrator reserves the right to make
appropriate revisions to this permit in order to establish any
appropriate effluent limitations, schedules of compliance, or other
provisions which may be authorized under the CWA in order to bring
all discharges into compliance with the CWA.
5. Oil and Hazardous Substance Liability.
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties to which the permittee
is or may be subject under Section 311 of the CWA, or Section 106 of
the Comprehensive Environmental Response, Compensation and Liability
Act of 1980 (CERCLA).
6. Property Rights see 40 CFR 122.41(g).
7. Confidentiality of Information.
a. In accordance with 40 CFR part 2, any information submitted
to EPA pursuant to these regulations may be claimed as confidential
by the submitter. Any such claim must be asserted at the time of
submission in the manner prescribed on the application form or
instructions or, in the case of other submissions, by stamping the
words ``confidential business information'' on each page containing
such information. If no claim is made at the time of submission, EPA
may make the information available to the public without further
notice. If a claim is asserted, the information will be treated in
accordance with the procedures in 40 CFR Part 2 (Public
Information).
b. Claims of confidentiality for the following information will
be denied:
(1) The name and address of any permit applicant or permittee;
(2) Permit applications, permits, and effluent data as defined
in 40 CFR 2.302(a)(2).
c. Information required by NPDES application forms provided by
the Regional Administrator under Sec. 122.21 may not be claimed
confidential. This includes information submitted on the forms
themselves and any attachments used to supply information required
by the forms.
8. Duty to Reapply see 40 CFR 122.41(b).
9. Right of Appeal.
Within thirty (30) days of receipt of notice of a final permit
decision, any interested person, including the permittee, may submit
a request to the Regional Administrator for an Evidentiary Hearing
under subpart E, or a Non-Adversary Panel Hearing under subpart F,
of 40 CFR part 124, to reconsider or contest that decision. The
request for a hearing must conform to the requirements of 40 CFR
124.74.
10. State Authorities.
Nothing in part 122, 123, or 124 precludes more stringent State
regulation of any activity covered by these regulations, whether or
not under an approved State program.
11. Other Laws.
The issuance of a permit does not authorize any injury to
persons or property or invasion of other private rights, nor does it
relieve the permittee of its obligation to comply with any other
applicable Federal, State, and local laws and regulations.
Section B. Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance see 40 CFR 122.41 (e).
2. Need to Halt or Reduce Not a Defense see 40 CFR 122.41 (c).
3. Duty to Mitigate see 40 CFR 122.41 (d).
4. Bypass see 40 CFR 122.41 (m).
5. Upset see 40 CFR 122.41 (n).
Section C. Monitoring and Records
1. Monitoring and Records see 40 CFR 122.41 (j).
2. Inspection and Entry see 40 CFR 122.41 (i).
Section D. Reporting Requirements
1. Reporting Requirements see 40 CFR 122.41 (l).
2. Signatory Requirement see 40 CFR 122.41 (k).
3. Availability of Reports.
Except for data determined to be confidential under Paragraph
A.7. above, all reports prepared in accordance with the terms of
this permit shall be available for public inspection at the offices
of the State water pollution control agency and the Regional
Administrator. As required by the CWA, effluent data shall not be
considered confidential. Knowingly making any false statement on any
such report may result in the imposition of criminal penalties as
provided for in Section 309 of the CWA.
Section E. Other Conditions
1. Definitions for purposes of this permit are as follows:
Administrator means the Administrator of the United States
Environmental Protection Agency, or an authorized representative.
Applicable standards and limitations means all State,
interstate, and Federal standards and limitations to which a
``discharge'' or a related activity is subject to, including water
quality standards, standards of performance, toxic effluent
standards or prohibitions, ``best management practices,'' and
pretreatment standards under sections 301, 302, 303, 304, 306, 307,
308, 403, and 405 of CWA.
Application means the EPA standard national forms for applying
for a permit, including any additions, revisions or modifications to
the forms; or forms approved by EPA for use in ``approved States,''
including any approved modifications or revisions.
Average. The arithmetic mean of values taken at the frequency
required for each parameter over the specified period. For total
and/or fecal coliforms, the average shall be the geometric mean.
Average monthly discharge limitation means the highest allowable
average of ``daily discharges'' over a calendar month, calculated as
the sum of all daily discharges measured during a calendar month
divided by the number of daily discharges measured during that
month.
Average weekly discharge limitation means the highest allowable
average of ``daily discharges'' over a calendar week, calculated as
the sum of all daily discharges measured during a calendar week
divided by the number of daily discharges measured during that week.
Best Management Practices (BMPs) means schedules of activities,
prohibitions of practices, maintenance procedures, and other
management practices to prevent or reduce the pollution of ``waters
of the United States.'' BMPs also include treatment requirements,
operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw
material storage.
Best Professional Judgement (BPJ) means a case-by-case
determination of Best Practicable Treatment (BPT), Best Available
Treatment (BAT) or other appropriate standard based on an evaluation
of the available technology to achieve a particular pollutant
reduction.
Composite Sample--A sample consisting of a minimum of eight grab
samples collected at equal intervals during a 24-hour period (or
lesser period as specified in the section on Monitoring and
Reporting) and combined proportional to flow, or a sample
continuously collected proportionally to flow over that same time
period.
Continuous Discharge means a ``discharge'' which occurs without
interruption throughout the operating hours of the facility except
for infrequent shutdowns for maintenance, process changes, or
similar activities.
CWA or ``The Act'' means the Clean Water Act (formerly referred
to as the Federal Water Pollution Control Act or Federal Water
Pollution Control Act Amendments of 1972) Public Law 92-500, as
amended by Public Law 95-217, Public Law 95-576, Public Law 96-483
and Public Law 97-117; 33 U.S.C. 1251 et seq.
Daily Discharge means the discharge of a pollutant measured
during a calendar day or any 24-hour period that reasonably
represents the calendar day for purposes of sampling. For pollutants
with limitations expressed in units of mass, the daily discharge is
calculated as the total mass of the pollutant discharged over the
day. For pollutants with limitations expressed in other units of
measurements, the daily discharge is calculated as the average
measurement of the pollutant over the day.
Director means the person authorized to sign NPDES permits by
EPA and/or the State.
Discharge Monitoring Report Form (DMR) means the EPA standard
national form, including any subsequent additions, revisions, or
modifications, for the reporting of self-monitoring results by
permittees. DMRs must be used by ``approved States'' as well as by
EPA. EPA will supply DMRs to any approved State upon request. The
EPA national forms may be modified to substitute the State Agency
name, address, logo, and other similar information, as appropriate,
in place of EPA's.
Discharge of a pollutant means:
(a) Any addition of any ``pollutant'' or combination of
pollutants to ``waters of the United States'' from any ``point
source,'' or
(b) Any addition of any pollutant or combination of pollutants
to the waters of the ``contiguous zone'' or the ocean from any point
source other than a vessel or other floating craft which is being
used as a means of transportation.
This definition includes additions of pollutants into waters of
the United States from: surface runoff which is collected or
channelled by man; discharges through pipes, sewers, or other
conveyances owned by a State, municipality, or other person which do
not lead to a treatment works; and discharges through pipes, sewers,
or other conveyances leading into privately owned treatment works.
This term does not include an addition of pollutants by any
``indirect discharger.''
Effluent limitation means any restriction imposed by the
Director on quantities, discharge rates, and concentrations of
``pollutants'' which are ``discharged'' from ``point sources'' into
``waters of the United States,'' the waters of the ``contiguous
zone,'' or the ocean.
Effluent limitations guidelines means a regulation published by
the Administrator under Section 304(b) of CWA to adopt or revise
``effluent limitations.''
EPA means the United States ``Environmental Protection Agency.''
Grab Sample--An individual sample collected in a period of less
than 15 minutes.
Hazardous Substance means any substance designated under 40 CFR
Part 116 pursuant to Section 311 of CWA.
Maximum daily discharge limitation means the highest allowable
``daily discharge.''
Municipality means a city, town, borough, county, parish,
district, association, or other public body created by of under
State law and having jurisdiction over disposal or sewage,
industrial wastes, or other wastes, or an Indian tribe or an
authorized Indian tribe organization, or a designated and approved
management agency under section 208 of CWA.
National Pollutant Discharge Elimination System means the
national program for issuing, modifying, revoking and reissuing,
terminating, monitoring and enforcing permits, and imposing and
enforcing pretreatment requirements, under sections 307, 402, 318,
and 405 of CWA. The term includes an ``approved program.''
New discharger means any building, structure, facility, or
installation:
(a) From which there is or may be a ``discharge of pollutants'';
(b) That did not commence the ``discharge of pollutants'' at a
particular ``site'' prior to August 13, 1979;
(c) Which is not a ``new source''; and
(d) Which has never received a finally effective NPDES permit
for discharges at that ``site''.
This definition includes an ``indirect discharger'' which
commences discharging into ``waters of the United States'' after
August 13, 1979. It also includes any existing mobile point source
(other than an offshore or coastal oil and gas exploratory drilling
rig or a coastal oil and gas developmental drilling rig) such as a
seafood processing rig, seafood processing vessel, or aggregate
plant, that begins discharging at a ``site'' for which it does not
have a permit; and any offshore or coastal mobile oil and gas
exploratory drilling rig or coastal mobile oil and gas developmental
drilling rig that commences the discharge of pollutants after August
13, 1979, at a ``site'' under EPA's permitting jurisdiction for
which it is not covered by an individual or general permit and which
is located in an area determined by the Regional Administrator in
the issuance of a final permit to be an area of biological concern.
In determining whether an area is an area of biological concern, the
Regional Administrator shall consider the factors specified in 40
CFR 125.122(a) (1) through (10).
An offshore or coastal mobile exploratory drilling rig or
coastal mobile developmental drilling rig will be considered a ``new
discharger'' only for the duration of its discharge in an area of
biological concern.
New source means any building, structure, facility, or
installation from which there is or may be a ``discharge of
pollutants,'' the construction of which commenced:
(a) After promulgation of standards of performance under Section
306 of CWA which are applicable to such.
(b) After proposal of standards of performance in accordance
with Section 306 of CWA which are applicable to such source, but
only if the standards are promulgated in accordance with Section 306
within 120 days of their proposal.
NPDES means ``National Pollutant Discharge Elimination System.''
Non-Contact Cooling Water is water used to reduce temperature
which does not come in direct contact with any raw material,
intermediate product, a waste product or finished product.
Owner or operator means the owner or operator of any ``facility
or activity'' subject to regulation under the NPDES programs.
Permit means an authorization, license, or equivalent control
document issued by EPA or an ``approved State.''
Person means an individual, association, partnership,
corporation, municipality, State or Federal agency, or an agent or
employee thereof.
Point source means any discernible, confined, and discrete
conveyance, including but not limited to any pipe, ditch, channel,
tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, vessel, or other floating
craft, from which pollutants are or may be discharged. This term
does not include return flows from irrigated agriculture.
Pollutant means dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials (except those
regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C.
2011 et seq.)), heat, wrecked or discarded equipment, rock, sand,
cellar dirt and industrial, municipal, and agricultural waste
discharged into water. It does not mean:
(a) Sewage from vessels; or
(b) Water, gas, or other material which is injected into a well
to facilitate production of oil or gas, or water derived in
association with oil and gas production and disposed of in a well,
if the well used either to facilitate production or for disposal
purposes is approved by authority of the State in which the well is
located, and if the State determines that the injection or disposal
will not result in the degradation of ground or surface water
resources.
Primary industry category means any industry category listed in
the NRDC settlement agreement (Natural Resources Defense Council et
al. v. Train, 8 E.R.C. 2120 (D.D.C. 1976), modified 12 E.R.C. 1833
(D.D.C. 1979)); also listed in appendix A of 40 CFR part 122.
Process wastewater means any water which, during manufacturing
or processing, comes into direct contact with or results from the
production or use of any raw material, intermediate product,
finished product, byproduct, or waste product.
Regional Administrator means the Regional Administrator, EPA,
Region I, Boston, Massachusetts.
State means any of the 50 States, the District of Columbia,
Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, the Trust Territory of the Pacific Islands.
Secondary Industry Category means any industry category which is
not a ``primary industry category.''
Toxic pollutant means any pollutant listed as toxic in appendix
D of 40 CFR part 122, under Section 307(a)(1) of CWA.
Uncontaminated storm water is precipitation to which no
pollutants have been added and has not come into direct contact with
any raw material, intermediate product, waste product or finished
product.
Waters of the United States means:
(a) All waters which are currently used, were used in the past,
or may be susceptible to use in interstate or foreign commerce,
including all waters which are subject to the ebb and flow of the
tide;
(b) All interstate waters, including interstate ``wetlands.''
(c) All other waters such as intrastate lakes, rivers, streams
(including intermittent streams), mudflats, sandflats, ``wetlands,''
sloughs, prairie potholes, wet meadows, playa lakes, or natural
ponds the use, degradation, or destruction of which would affect or
could affect interstate or foreign commerce including any such
waters:
(1) Which are or could be used by interstate or foreign
travelers for recreational or other purposes;
(2) From which fish or shellfish are or could be taken and sold
in interstate or foreign commerce; or
(3) Which are used or could be used for industrial purposes by
industries in interstate commerce;
(d) All impoundments of waters otherwise defined as waters of
the United States under this definition;
(e) Tributaries of waters identified in paragraphs (a) (d) of
this definition;
(f) The territorial sea; and
(g) ``Wetlands'' adjacent to waters (other than waters that are
themselves wetlands) identified in paragraphs (a)-(f) of this
definition.
Whole Effluent Toxicity (WET) means the aggregate toxic effect
of an effluent measured directly by a toxicity test. (See
abbreviations Section, following, for additional information).
Wetlands means those areas that are inundated or saturated by
surface or ground water at a frequency and duration sufficient to
support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs,
and similar areas.
2. Abbreviations when used in this permit are defined below:
cu. M/day or M3/day--cubic meters per day
mg/l--milligrams per liter
ug/l--micrograms per liter
lbs/day--pounds per day
kg/day--kilograms per day
Temp. deg.C--temperature in degrees Centigrade
Temp. deg.F--temperature in degrees Fahrenheit
Turb.--turbidity measured by the Nephelometric Method (NTU)
pH--a measure of the hydrogen ion concentration
CFS--cubic feet per second
MGD--million gallons per day
Oil & Grease--Freon extractable material
ml/l--milliliter(s) per liter
Cl2--total residual chlorine
[FR Doc. 94-18333 Filed 7-27-94; 8:45 am]
BILLING CODE 6560-50-P