[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Pages 62546-62659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28213]
[[Page 62545]]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 122, et al.
National Pollutant Discharge Elimination System Permit Application
Requirements for Publicly Owned Treatment Works and Other Treatment
Works Treating Domestic Sewage; Proposed Rule
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 /
Proposed Rules
[[Page 62546]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 122, 123, 403, and 501
[FRL-5328-9]
National Pollutant Discharge Elimination System Permit
Application Requirements for Publicly Owned Treatment Works and Other
Treatment Works Treating Domestic Sewage
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) today proposes to
amend permit application requirements and application forms for
publicly owned treatment works (POTWs) and other treatment works
treating domestic sewage (TWTDS). TWTDS include facilities that
generate sewage sludge, provide commercial treatment of sewage sludge,
manufacture a product derived from sewage sludge, or provide disposal
of sewage sludge. Today's notice solicits public comments on the
proposed regulations, proposed forms and instructions.
The proposed regulations and Form 2A would replace existing
Standard Form A and Short Form A to account for changes in the NPDES
program since the forms were issued in 1973. This proposal would
consolidate POTW application requirements, including information
regarding toxics monitoring, whole effluent toxicity (WET) testing,
pretreatment facility and hazardous waste contributions, and combined
sewer overflows (CSOs). The most significant proposed revisions would
require toxic and WET monitoring by major and pretreatment POTWs and
monitoring of 17 parameters by minor POTWs. EPA believes this
information is needed in order for permitting authorities to issue
permits that will adequately protect the Nation's water resources.
The proposed regulations and Form 2S would replace the existing
Interim Sewage Sludge form. The most significant proposed revision
would require POTWs and other TWTDS to analyze sludge and provide data
for ten metals, nitrogen, and phosphorus. Class I sludge management
facilities (pretreatment POTWs) would also have to analyze for most of
the priority pollutants. The Interim Form only requires the use of
existing data. EPA believes the additional information is needed in
order for permitting authorities to issue permits that meet the
requirements of the sewage sludge use or disposal regulations.
The costs associated with the new requirements are not significant
since many permitting authorities require essentially the same
information already through a variety of reporting mechanisms. The
proposed rule allows waivers where information is already available to
the permitting authority. The new forms would make it easier for permit
applicants to provide the necessary information with their applications
and would minimize the need for additional follow-up information
requests from permitting authorities. The proposal is estimated to
reduce the current annual reporting and record keeping burden by about
9,000 hours, or ten percent. EPA is interested in identifying
additional ways to further reduce the burden associated with the
applications and is seeking comment on the use of electronic data
transmission and other streamlining opportunities.
DATES: In order to be considered, comments must be received on or
before March 5, 1996.
ADDRESSES: Comments should be addressed to Municipal and Sludge
Application Rule Comment Clerk, Water Docket MC-4101; United States
Environmental Protection Agency, 401 M Street SW., Washington, DC,
20460. Commenters are also requested to submit an original and 3 copies
of their written comments as well as an original and 3 copies of any
attachments, enclosures, or other documents referenced in the comments.
Commenters who want receipt of their comments acknowledged should
include a self-addressed, stamped envelope. All comments must be
postmarked or delivered by hand by March 5, 1996. No facsimiles (faxes)
will be accepted.
EPA will also accept comments electronically. Comments should be
addressed to the following Internet address: [email protected].
Electronic comments must be submitted as an ASCII file avoiding the use
of special characters and any form of encryption. Electronic comments
will be transferred into a paper version for the official record. EPA
will attempt to clarify electronic comments if there is an apparent
error in transmission. Comments provided electronically will be
considered timely if they are submitted electronically by 11:59 p.m.
(Eastern time) March 5, 1996. EPA is experimenting with electronic
commenting, therefore commenters may want to submit both electronic
comments and duplicate paper comments. This document has also been
placed on the Internet for public review and downloading at the
following location: gopher.epa.gov.
FOR FURTHER INFORMATION CONTACT: For information on Form 2A and
municipal wastewater permitting issues in this notice, contact George
Utting, (202) 260-9530, Permits Division (4203), United States
Environmental Protection Agency, 401 M Street S.W., Washington, D.C.,
20460.
For information on Form 2S and sewage sludge permitting issues in
this notice, contact Wendy Bell, (202) 260-9534, Permits Division
(4203), United States Environmental Protection Agency, 401 M Street
S.W., Washington, D.C., 20460.
SUPPLEMENTARY INFORMATION:
I. Background
A. Purpose of Today's Proposal
B. History of the NPDES Permit Program
1. National Pollutant Discharge Elimination System
a. Federal Water Pollution Control Act Amendments of 1972
b. Changes Leading to the Clean Water Act of 1977
c. Permit Consolidation and Deconsolidation
d. The Water Quality Act of 1987 and Water Quality-Based
Permitting
2. Background of the Pretreatment Program
3. Program to Control Combined Sewer Overflows
C. Sewage Sludge Program Background
1. Statutory Requirements for Sewage Sludge
2. Sewage Sludge Permit Program Regulations
3. Part 503 Technical Standards
4. Implementation of Part 503 Technical Standards
5. Interim Sewage Sludge Application Form
D. NPDES Watershed Strategy
E. Permit Writer's Information Needs Related to Endangered
Species and Historic Properties
F. Permit as a Shield
G. Pollutant Data from POTWs
H. Public Consultation in the Development of Today's Proposal
II. Approach Taken in Today's Notice
A. Scope of Today's Rulemaking
B. The Agency Proposes to Revise the Definition of POTW and
Existing Permit Application Requirements for POTWs
C. EPA Proposes Form 2A for POTWs to Replace Standard Form A and
Short Form A
D. Applicability of Form 2A to Privately Owned and Federally
Owned Treatment Works
E. EPA Proposes Revised Application Requirements and Form 2S for
Sewage Sludge Permits
F. Reasons for Separate Form 2A and Form 2S
G. EPA Solicits Comment on the Use of Electronic Application
Forms
III. Description of Proposed Requirements
A. EPA Proposes to Revise Requirements in Sec. 122.21(c), (d),
and (f) Concerning the Use of Forms 1, 2A, and 2S
[[Page 62547]]
1. Requirement to Submit Form 2A
2. Requirement to Submit Form 2S
B. Application Requirements for POTWs (40 CFR 122.21(j))
1. Basic Application Information
2. Information on Effluent Discharges
3. Effluent Monitoring for Specific Parameters
a. Pollutant Data Requirements for all POTWs
b. Reporting of Additional Pollutants for Some POTWs
4. Effluent Monitoring for Whole Effluent Toxicity
5. Industrial Discharges, Pretreatment, and RCRA/CERCLA Waste
6. Discharges from Hazardous Waste Sources
7. Combined Sewer Overflows
8. Contractors
9. Certification
C. Application Requirements for TWTDS (40 CFR 122.21(q))
1. Facility Information
2. Applicant Information
3. Permit Information
4. Federal Indian Reservations
5. Topographic Map
6. Sewage Sludge Handling
7. Sewage Sludge Quality
a. Class I Sludge Management Facilities
b. All TWTDS
8. Requirements for a Person Who Prepares Sewage Sludge
9. Land Application of Bulk Sewage Sludge
10. Surface Disposal
11. Incineration
12. Disposal in a Municipal Solid Waste Landfill
13. Contractors
14. Other Information
15. Signature
IV. Paperwork Reduction Act
V. Executive Order 12866
VI. Executive Order 12875
VII. Unfunded Mandates Reform Act of 1995 and Consultation with
State, Local, and Tribal Governments
VIII. Regulatory Flexibility Act
I. Background
A. Purpose of Today's Proposal
Today's notice proposes to amend NPDES permit application
regulations for publicly owned treatment works (POTWs) and other
treatment works treating domestic sewage (TWTDS). Proposed Form 2A
would apply to POTWs and replace Standard Form A and Short Form A,
which were developed in 1973. Proposed Form 2S would be used to report
sewage sludge information consistent with applicable permit program
regulations and technical standards for sewage sludge use or disposal.
Proposed Form 2S would be used by POTWs and other TWTDS.
EPA proposes these application regulations and forms for several
reasons. First, this rulemaking addresses changes to the NPDES program
since 1973. The NPDES program applicable to POTWs has changed
significantly since that time, specifically in the areas of toxics
control, water quality-based permitting and pretreatment programs.
Second, the proposal would consolidate application requirements from
existing regulations into a ``modular'' permit application form,
thereby streamlining and clarifying the process for permit applicants.
Third, these revisions will provide permit writers with the information
necessary to develop appropriate NPDES permits consistent with
requirements of the Clean Water Act and thus also help to ensure for
permittees the effectiveness of the permit as a shield for purposes of
compliance with the CWA. Fourth, the Agency seeks to reduce redundant
reporting by allowing waivers where information is already available to
the permitting authority and, further, to provide a platform for
electronic data transmission.
The proposed revisions would result in a net reduction in overall
reporting burden hours nationwide. The burden reduction for the
combined municipal and sludge proposed application requirements is
calculated to be nearly 9,000 hours annually, from a total existing
annual burden of 80,000 hours. This is due in part to the reduced
number of WET tests calculated to be performed by POTWs. It is also due
to the reduced number of major respondents that would be required to
comply with the proposed regulations as compared to the number of major
respondents estimated to complete the existing municipal application
forms (i.e., different criteria apply). Finally, the respondent burden
for CWA sec. 308 application requests also would be expected to
decrease, because much of the information currently obtained through
routine and medium sec. 308 requests is reflected in the proposed rule.
This burden reduction accounts for nearly 9,000 of the 287,000
hours projected to be saved, for an overall reduction of twenty-five
percent for the NPDES program. The total savings will be achieved
through revisions to this form, revisions to stormwater application
forms, revisions to the industrial application form 2C, and reductions
in discharge monitoring reports (DMRs). It is anticipated, however,
that most of the NPDES burden reduction will involve reduced burden for
DMRs, which currently account for greater than eighteen million annual
burden hours.
At the same time, this proposed rule would result in increased net
costs to municipal and sludge applicants of more than four million
dollars per year on a nationwide basis. It is calculated that this
proposal would apply to more than 7,000 permit applications per year,
with a total universe per year of more than three thousand applicants
each for municipal and sludge permitting. Costs vary considerably from
application to application. Thus, the average five-year cost per
application would range from an average of about $450 (less than $100
per year) for small municipalities to an average of about $4,000 (less
than $1,000 per year) for larger municipalities. Most of the costs
associated with this proposal would be due to proposed pollutant data
requirements for municipal permittees.
The Agency believes that the proposed increased costs are
appropriate because certain data may be necessary to the permit writer
in order to allow the issuance of permits that provide a ``shield'' to
permittees (see discussion, ``Permit as a Shield,'' at I.F.), and to
ensure compliance with Clean Water Act requirements, especially water
quality standards.
B. History of the NPDES Permit Program
1. National Pollutant Discharge Elimination System
a. Federal Water Pollution Control Act Amendments of 1972
The Clean Water Act (CWA) was enacted in 1972 (Federal Water
Pollution Control Act Amendments of 1972) to restore and maintain the
chemical, physical, and biological integrity of the Nation's waters.
CWA sec. 101(a), 33 U.S.C. 1251(a). The immediate predecessor to the
CWA was the Water Quality Act of 1965 (Pub. L. 89-234). The 1965 Act
directed each State to develop water quality standards for all
interstate navigable waters. States had difficulty developing these
standards, however, and by 1971 barely half the States had developed
complete programs. States that did develop standards had difficulty
implementing them because the 1965 Act lacked a workable mechanism for
translating State water quality standards into limits enforceable
against individual dischargers.
In response to this dilemma, Congress passed the CWA. Section 402
directed EPA to assume a substantial role in directing and defining the
nation's water pollution control programs. The Act established the
National Pollutant Discharge Elimination System (NPDES) permit program
to be administered by EPA and the States with EPA approval. The NPDES
program prohibits the discharge of any pollutant into waters of the
United States except when
[[Page 62548]]
authorized by a permit (sec. 301(a) and 402).
Section 301 significantly changed the methods used to set and
enforce standards to abate and control water pollution. First, it
introduced the concept of minimum technology-based discharge
requirements. Initially, sec. 301(b)(1)(B) required POTWs to achieve
effluent limitations based on secondary treatment. The ``degree of
effluent reduction achievable through application of secondary
treatment'' was to be defined by the Administrator, pursuant to sec.
304(d)(1). Later, POTWs were to achieve a more stringent level of
technology-based discharge limits based on best practicable waste
treatment technology (BPWTT) under sec. 301(b)(2)(B). That section was
repealed in 1981. Finally, POTWs were required to comply with any more
stringent limitations necessary to implement any applicable State water
quality standards. Water quality-based discharge limitations were
imposed by sec. 301(b)(1)(C).
To achieve the effluent reductions called for in sec. 301, sec. 402
provides for the NPDES permit program to implement and enforce these
controls. NPDES permits may be issued on the condition that authorized
discharges meet the applicable requirements of the CWA, including:
technology-based limitations; water quality-based limitations; new
source performance standards; toxic and pretreatment effluent
standards; inspection and monitoring provisions; and ocean discharge
criteria. EPA was authorized to issue regulations to implement these
provisions throughout the CWA. NPDES permit requirements are based
either on regulations promulgated under these sections or, in the
absence of regulations, on the permit writer's best professional
judgment (BPJ), when necessary to carry out the provisions of the CWA.
CWA sec. 402(a)(1), 33 U.S.C. 1342(a)(1). The CWA also authorized
States to assume responsibility for issuing NPDES permits, provided
that State programs meet the requirements of sec. 402(b) and
regulations published under sec. 304(i)(2) (previously, sec.
304(h)(2)). EPA promulgated the original regulations outlining the
NPDES program on December 22, 1972 (37 FR 28390) and May 22, 1973 (38
FR 13528).
The CWA required the Administrator to promulgate guidelines for
``establishing uniform application forms and other minimum requirements
for the acquisition of information'' from point sources, within 60 days
after its enactment. CWA sec. 304(i)(1) (previously, sec. 304(h)(1)).
EPA promulgated short forms to enable dischargers to meet deadlines
imposed by the CWA, on February 27, 1973 (38 FR 5279). These included
Short Form A, which was to be completed by all POTWs. EPA promulgated
standard forms to gather additional information from certain
dischargers, on July 24, 1973 (38 FR 19894). This rule included
Standard Form A, for POTWs meeting certain criteria relating to size,
population, and industrial contributions. At the time, there were no
effluent standards for POTWs. Secondary treatment regulations, setting
limits for biochemical oxygen demand, suspended solids, fecal coliform,
and pH, were not promulgated until August 17, 1973 (38 FR 22298).
b. Changes leading to the Clean Water Act of 1977
The first major change in the NPDES program's focus was the shift
from conventional to toxic pollutants. Though sec. 307(a) required EPA
to identify and establish effluent standards for toxic pollutants, the
thrust of the ``first round'' of NPDES permits was to control
conventional pollutants, rather than to identify and establish
standards for toxic pollutants. As the NPDES program was implemented,
several interested parties criticized the Agency's lack of progress in
establishing sec. 307(a) standards. Among the terms in settlement of
litigation in 1976, EPA was to establish technology-based standards as
necessary to address 65 compounds or classes of compounds for certain
industries. See NRDC v. EPA, 8 E.R.C. 2120 (D.D.C. 1976). This list of
65 compounds is now contained in 40 CFR 401.15.
In 1977, amendments to the Clean Water Act refocused Agency
priorities on the control of toxic pollutants. As a result, the NPDES
program expanded beyond control of conventional pollutants to control
of nonconventional pollutants, such as ammonia, chlorine, and nitrogen,
as well as certain metals and organic chemicals. The list of the 65
compounds was incorporated into sec. 307 when the CWA was amended in
1977 (see Committee Print Number 95-32, Hearings before the
Subcommittee on Investigations and Review of the Committee on Public
Works and Transportation, U.S. House of Representatives, pages 399-405)
and subsequently was published on January 31, 1978 (43 FR 4109). The
compounds on the list were chosen according to various criteria,
including known occurrence in point source effluents and substantial
evidence of carcinogenicity in studies of humans or animal systems.
Because the list included broad categories or classes of chemicals
(e.g., chlorinated benzenes, DDT and metabolites, haloethers, etc.),
EPA restructured the list in order to evaluate and control the specific
pollutants of greatest concern. This produced a list of 129 individual
high priority toxic pollutants. As information became available
regarding the toxic effects of chemicals on the list, the Agency
amended the regulations to establish the current list of 126 ``priority
pollutants.'' See 40 CFR Part 423, Appendix A. The 1977 amendments also
amended sec. 402(b)(8)&(9) to require that approved State NPDES
programs provide for administration of the pretreatment program to
regulate industrial users of POTWs.
In 1979, EPA extensively revised the NPDES regulations to implement
changes in the CWA, to conform to recent court decisions, and to
clarify and improve existing procedures. The 1979 regulatory revisions
eliminated duplication of substantive and procedural requirements
between the existing State and Federal NPDES program regulations. Under
the final regulations, promulgated on June 7, 1979 (44 FR 32854), the
basic substantive and procedural requirements applicable to all NPDES
permits were set out in Parts 122 and 124. Part 123 established State
NPDES permit program requirements. EPA believed that this new
regulatory structure would simplify the regulations and avoid
inconsistencies between State and Federal programs. These regulations
were challenged judicially and, as discussed below, petitions for
review were merged with and resolved in litigation challenging the
consolidated permit regulations and subsequent rulemakings.
c. Permit Consolidation and Deconsolidation
To simplify permitting programs, EPA published regulations on May
19, 1980 (45 FR 33290), to consolidate the requirements and procedures
for five of the permit programs administered by the Agency: the NPDES
program, the Underground Injection Control (UIC) program under the Safe
Drinking Water Act (SDWA), State ``dredge or fill'' programs under sec.
404 of the CWA, the Hazardous Waste Management (HWM) program under the
Resource Conservation and Recovery Act (RCRA), and the Prevention of
Significant Deterioration (PSD) program under the Clean Air Act. The
Agency believed it would be efficient to consolidate environmental
permitting programs wherever feasible. This effort sought to
[[Page 62549]]
eliminate gaps and overlaps and ensure consistency among the programs.
At the same time, EPA revised certain of the permit application
regulations. The Agency created three new application forms: Form 1,
Form 2B, and Form 2C. Form 1 requires general information about permit
applicants and was required to be completed by applicants for each of
the five types of permits under the consolidated permit rule. Form 2B
is specific to part of the NPDES program, specifically, permit
applications for concentrated animal feeding operations and aquatic
animal production dischargers. Form 2C, also specific to the NPDES
program, applies to manufacturing, commercial, mining, and
silvicultural operations. All three forms incorporated EPA's emphasis
on toxic pollutants and other modifications to the CWA and NPDES
program regulations.
Following promulgation of the consolidated permit regulations,
interested parties complained that the consolidated format made the
regulations unnecessarily difficult to use. The division of
responsibilities among various entities at the State and Federal levels
resulted in additional problems. In practice, consolidated processing
of multiple permits was rare because the various permit programs
regulated different activities with different standards and thus
imposed different types of requirements on permittees. Subsequent
petitions for judicial review of various aspects of the consolidated
permit regulations were consolidated with pending petitions for review
of the June 7, 1979, final NPDES regulations in the United States Court
of Appeals for the District of Columbia Circuit.
As part of an agreement to resolve that litigation, and in response
to problems encountered by permit writers, EPA deconsolidated the five
permitting programs on April 1, 1983 (48 FR 14146). The NPDES
regulations remain in Part 122 (substantive permit requirements) and
Part 123 (State program requirements). Part 124 (common permitting
procedures) remains applicable to all of the programs. On September 1,
1983 (48 FR 39611), EPA promulgated additional revisions covering a
number of issues affecting the consolidated permit program.
After deconsolidation, the NPDES program continued to use Forms 1,
2B, and 2C. In 1984, EPA amended Form 2C to include toxic pollutant
sampling and, in 1986, promulgated two new NPDES forms: Form 2D, for
use by new manufacturing, commercial, mining and silvicultural
operations; and Form 2E, for use by facilities that do not discharge
process wastewater (51 FR 26982, July 28, 1986). The Agency did not,
however, revise either Standard Form A or Short Form A. Thus, these two
forms do not request information to reflect all of the CWA's current
requirements, including the emphasis on the control of toxic
pollutants.
d. The Water Quality Act of 1987 and Water Quality-Based Permitting
On February 4, 1987, the CWA was amended again by the Water Quality
Act (WQA) of 1987 (Pub. L. 100-4). The WQA included several provisions
that affect POTWs and other TWTDS. Statutory amendments included
requirements addressing sewage sludge, storm water, and water quality-
impaired streams. In response to the 1987 amendments, EPA published
technical revisions to amend the NPDES regulations on January 4, 1989
(54 FR 246). EPA promulgated final regulations for State sludge
management programs on May 2, 1989 (54 FR 18716). As part of the WQA
implementation effort, the Agency published rules implementing CWA sec.
304(l) and other changes to surface water toxics regulations on June 2,
1989 (54 FR 23868). This 1989 rulemaking recognized the Agency's
commitment to protect water quality through water quality-based
permitting.
The 1987 amendments provided that States were to adopt numeric
water quality criteria for the ``priority pollutants'' listed pursuant
to sec. 307(a)(1), if discharge of those pollutants could reasonably be
expected to interfere with a designated use under State water quality
standards. States were to adopt these criteria whenever they reviewed,
revised, or added new water quality standards. Subsequent review of all
States indicated that 43 States had adopted the criteria as required.
Fourteen States, however, were not fully in compliance with the 1987
amendments as of December 22, 1992. On that date, EPA promulgated
chemical-specific numeric criteria for those States, as necessary, to
comply with the CWA (57 FR 60848).
On July 22, 1994, EPA published its whole effluent toxicity (WET)
policy (59 FR 37494). The policy is intended (i) to promote uniform,
nationwide compliance with statutory and regulatory requirements for
the control of WET, and (ii) to assist permit writers in implementing
these requirements. The policy reflects EPA's experience in
implementing the 1989 water quality-based permitting regulations at 40
CFR 122.44(d). The WET policy provides for: evaluation of acute and
chronic WET water quality criteria attainment at the edge of the
respective mixing zones; review of all major dischargers for reasonable
potential to cause or contribute to exceedance of WET water quality
criteria; consideration of available WET testing data and other
information in evaluating whether a discharger has reasonable potential
to cause or contribute to exceedance of WET criteria; imposition of
effluent limitations to control WET upon finding reasonable potential
to cause or contribute to exceedance of WET criteria; imposition of WET
monitoring conditions where appropriate for dischargers that do not
have effluent limitations to control WET; schedules for compliance with
WET effluent limitations; application of water quality permitting
regulations to apply without regard to the pollutant(s) that may be
causing toxicity, including ammonia and chlorine; and application of
the water quality-based permitting regulations to all dischargers,
including POTWs.
2. Background of the Pretreatment Program
Congress recognized that regulating only those pollutant sources
discharging effluent directly into the nation's waters would not
achieve the CWA's goal to eliminate pollutant discharges. Consequently,
the CWA required EPA to promulgate nationally applicable pretreatment
standards that restrict the introduction of pollutants from industrial
users of POTWs, also called indirect dischargers.
EPA first issued pretreatment standards on November 8, 1973 (38 FR
30982). Following the 1977 CWA amendments, EPA revised those
regulations and issued the ``General Pretreatment Regulations for
Existing and New Sources of Pollution,'' on June 26, 1978 (43 FR
27736). The regulations were revised again on January 28, 1981 (46 FR
9439). As amended, the pretreatment regulations at 40 CFR Part 403
require that ``any POTW (or combination of POTWs operated by the same
authority) with design influent flow rates greater than five million
gallons per day (mgd) and receiving from industrial users pollutants
that pass through or interfere with the operation of the POTW''
establish pretreatment programs as part of its NPDES permit. In
addition, POTWs with design influent flow rates of less than five mgd
may be required to develop pretreatment programs if non-domestic wastes
cause upsets, sludge contamination, or violations of NPDES permit
conditions or if their industrial users are subject to national
pretreatment standards. EPA estimates
[[Page 62550]]
that 1,500 treatment facilities are required to administer such
pretreatment programs.
The National Pretreatment Program's primary goal is protection of
POTWs and the environment from the effects of discharges into municipal
sewerage systems. This protection is achieved principally through
regulating industrial users that discharge toxic pollutants or
unusually large amounts of conventional pollutants into municipal
systems. The General Pretreatment Regulations control pollutant
discharges into POTWs in several ways. First, prohibited discharge
standards apply to all industrial and commercial establishments
connected to POTWs. 40 CFR 403.5. These standards include general
prohibitions against the introduction of pollutants into POTW that may
pass through the POTW or interfere with the operations of the POTW, as
well as specific prohibitions relating to the introduction of
pollutants which have the potential to create hazards for the POTW,
such as heat, explosivity, and corrosivity. Second, categorical
pretreatment standards apply to discharges by industrial users in
specific industrial categories determined to be significant sources of
toxic pollutants. Categorical standards are designed to ensure that
wastewaters from direct and indirect industrial dischargers are subject
to similar levels of treatment.
Finally, 40 CFR 403.5(c) requires POTWs to develop and enforce
local limits designed to ensure that industrial users meet both the
general and specific prohibitions. Thus, local limits are intended to
ensure that POTWs are able to comply with NPDES limits, including
water-quality based standards. Local limits are Federally enforceable
pretreatment standards, as defined by sec. 307(d). In cases where local
limits are more stringent than categorical standards, the more
stringent limit applies and is enforceable as a Federal standard.
On July 24, 1990, EPA promulgated amendments to the NPDES and
General Pretreatment Regulations to reflect the findings of the
``Report to Congress on the Discharge of Hazardous Wastes to Publicly
Owned Treatment Works,'' also known as the Domestic Sewage Study (DSS)
(55 FR 18716). The rule contained a number of regulatory changes
intended to improve control of hazardous wastes discharged to POTWs,
including revisions to the application requirements for POTWs at 40 CFR
122.21(j). Paragraphs 122.21(j) (1)-(3) contain whole effluent toxicity
(WET) testing requirements, and paragraph 122.21(j)(4) requires POTWs
with approved pretreatment programs to submit a written technical
evaluation of the need to revise local limits. Today, EPA proposes to
revise the WET reporting requirements at Sec. 122.21(j) and to revise
the provision for the local limits technical evaluation by making this
a POTW pretreatment program requirement rather than an application
requirement based on concerns about the timing of such evaluations
relative to imposition of water quality-based effluent limitations in
POTW permits.
3. Program To Control Combined Sewer Overflows
Combined sewer systems (CSSs) are wastewater collection systems
that transport both sanitary wastewater and storm water to POTWs.
During dry weather, CSSs carry sanitary wastes, as well as industrial
and commercial discharges, to POTW treatment plants. In periods of
heavy wet weather flows, transported sewer waters can overflow the
regulator structures, which normally convey waste streams to the
treatment plant, and discharge into adjacent surface waters. These
discharges are called ``combined sewer overflows'' (CSOs). CSOs often
contain high levels of suspended solids, bacteria, pathogens, and, in
many instances, heavy metals and other toxic pollutants, floatables,
nutrients, oxygen-demanding materials, oil and grease, and other
contaminants.
CSOs are point source discharges subject to technology-based
treatment requirements and applicable water quality-based standards
through NPDES permits. Because they occur prior to the headworks of the
POTW treatment plant, these discharges are not considered discharges
from a POTW and, consequently, are not subject to secondary treatment
requirements.
In the United States, approximately 1,100 (mostly older)
municipalities have CSSs, with approximately 11,000 CSO outfalls that
periodically discharge untreated sewage, commercial and industrial
wastes, and storm water during wet weather events. Almost 85 percent of
these municipalities are located in the Northeast and Great Lakes
areas. Studies conducted in recent years reveal that CSO discharges are
a leading cause of reduced water quality, increased health risks,
degraded ecological conditions, and impaired beneficial uses within the
Nation's surface waters. Although pollutant concentrations in CSOs
frequently are lower than those in untreated average-flow municipal
wastewater (due to dilution occurring during high flows), CSOs often
result in large pollutant loadings within a short time, potentially
causing beach closures, shellfish bed closures, and fish kills.
In 1989, EPA published the National Combined Sewer Overflow Control
Strategy (54 FR 37370, Sept. 8, 1989). On April 19, 1994, EPA expanded
on the 1989 strategy by publishing the CSO Control Policy (59 FR
18688). The Policy was developed through negotiated dialogue with
State, environmental group, and municipal representatives. The Policy
explains EPA's expectations for control of CSOs under the CWA and
guides NPDES permitting authorities in issuing permits for CSO
discharges. The Policy outlines a phased approach to permitting
requirements. Under a Phase I permit, the permittee should document
implementation of the nine minimum control measures identified in the
Policy as minimum technology-based requirements established through
best professional judgment (BPJ) to minimize CSO discharges. The nine
minimum controls include review and modification of local pretreatment
programs to minimize CSO impacts on receiving waters; maximization of
flow to the POTW for treatment; control of solids and floatables; and
monitoring to characterize effectively CSO impacts and the efficacy of
CSO controls.
The nine minimum controls are measures that can generally be
implemented expeditiously to reduce CSOs and their effects on receiving
water quality. The Phase I permit should not only require
implementation of the nine minimum controls, but should also require
development of a long-term control plan. The long-term control plan
describes the long-term control strategy developed to ultimately result
in compliance with the requirements of the CWA (including attainment of
water quality standards). Under a Phase II permit, the permittee
implements the specific controls described in the long-term control
plan.
C. Sewage Sludge Program
1. Statutory Requirements for Sewage Sludge
In 1987, Congress amended sec. 405 to establish a comprehensive
sewage sludge control program. This program regulates the use and
disposal of sewage sludge by POTWs and by other treatment works
treating domestic sewage (TWTDS). Section 405 required EPA to develop
technical standards that would establish sewage sludge management
practices and acceptable levels of toxic pollutants in sludge.
Section 405 also provides that NPDES permits issued to TWTDS
contain requirements implementing the sewage
[[Page 62551]]
sludge standards, unless sewage sludge control requirements are
included in a permit issued under one of the following: Subtitle C of
the Solid Waste Disposal Act; Part C of the Safe Drinking Water Act;
the Marine Protection, Research, and Sanctuaries Act; the Clean Air
Act; or EPA-approved State programs that comply with sec. 405. EPA may
also issue ``sludge-only'' permits to TWTDS that are not otherwise
subject to the NPDES program or to the other permitting programs listed
above.
2. Sewage Sludge Permit Program Regulations
On May 2, 1989, EPA promulgated regulations establishing the legal
and programmatic framework for the National Sewage Sludge Program (54
FR 18716). Sewage sludge management provisions are to be incorporated
into EPA-issued permits or permits issued by a State under an EPA-
approved sewage sludge program. Sewage sludge information reporting
requirements were also added to the overall NPDES permit application
requirements of 40 CFR 122.21. The new regulations, however, neither
listed the specific sewage sludge information requirements nor provided
a form for reporting this information. Instead, the rulemaking cross-
referenced the existing State Sludge Management Program regulations in
Part 501 and required applicants to submit the information listed at
Sec. 501.15(a)(2). Paragraphs (i)-(v) of Sec. 501.15(a)(2) require
information on the location and permitting status of the TWTDS.
Paragraphs (vi)-(xii) require technical information on the applicant's
sewage sludge use or disposal practice(s).
On February 19, 1993, EPA amended the sewage sludge permit program
regulations (58 FR 9404). This amendment phased in requirements for
submitting sewage sludge permit application information. Any TWTDS that
is required to have, or that requests, site-specific pollutant limits
was required to submit permit application information by August 18,
1993, for the first round of Part 503 standards. Other TWTDS with NPDES
permits must submit application information with their next NPDES
permit applications. Finally, TWTDS without NPDES permits (``sludge-
only facilities'') were to submit identification and screening
information to the permitting authority by February 19, 1994, for the
first round of Part 503 standards.
3. Part 503 Technical Standards
On November 25, 1992, EPA promulgated the sewage sludge use and
disposal standards required by section 405 of the CWA (58 FR 9248, et
seq., February 19, 1993). These standards regulate the use and disposal
of sewage sludge when it is applied to land, placed on a surface
disposal site (including sludge-only landfills), fired in a sewage
sludge incinerator, or sent to a municipal solid waste landfill
(MSWLF). The standards for each regulated sewage sludge use or disposal
method consist of general requirements, pollutant limits, management
practices, operational standards, and requirements for monitoring,
recordkeeping, and reporting. A number of parties petitioned for review
of the regulations and on November 15, 1994, the United States Court of
Appeals for the District of Columbia Circuit remanded several aspects
of the regulations for modification or additional justification.
Leather Industries of America, Inc. v. Environmental Protection Agency,
40 F.3d 392 (D.C. Cir. 1994).
4. Implementation of Part 503 Technical Standards
Section 405(f) of the CWA requires that permits issued to
facilities involved in sewage sludge generation, treatment, or disposal
include Part 503 requirements. Both POTWs and other TWTDS are engaged
in sewage sludge generation, treatment, or disposal. However, some of
these facilities are not required to obtain NPDES discharge permits
pursuant to sec. 402 of the CWA because they do not discharge
pollutants to surface waters. These are ``sludge-only'' facilities.
POTW permits must contain requirements implementing applicable Part
503 technical standards and other Part 122 permit conditions (such as
boilerplate conditions and compliance monitoring requirements). POTW
permits may also contain any other conditions the permitting authority
develops on a case-by-case basis to protect public health and the
environment. The permit also establishes a POTW's responsibilities for
sewage sludge it sends to other facilities for disposal.
In addition to POTWs, other TWTDS may also be issued permits. These
treatment works include facilities dedicated to sewage sludge disposal
(i.e., surface disposal sites and sewage sludge incinerators), as well
as certain facilities that provide treatment or otherwise change the
quality of the sewage sludge before ultimate use or disposal. Sewage
sludge has undergone a change in quality if its pollutant
concentrations, pathogen levels, or vector attraction properties have
been altered sufficiently to change the sludge's regulatory status
under Part 503. Therefore, processes such as stabilization, composting,
digestion, heat treatment, or blending with bulking agents or with
sewage sludge from another treatment works may all qualify as sewage
sludge treatment. (For a more detailed discussion of who must apply for
a permit, see the preamble to the May 2, 1989, regulations at 54 FR
18725.)
5. Interim Sewage Sludge Permit Application Form
On November 8, 1993, EPA published a notice about the interim
sewage sludge permit application form (58 FR 59260). This interim form
was developed to simplify the application process until Form 2S was
completed. Section 122.21(d)(3)(ii) requires sewage sludge permit
applications to include the information at Sec. 501.15(a)(2), which
includes both specific and general information. This interim form
ensures that permittees submit the necessary information; helps
permittees to understand exactly which requirements apply to them; and
makes the application requirements consistent for all permittees.
Proposed Form 2S is based on the interim application form. EPA
welcomes comments on the proposed Form 2S, especially from users of the
interim form.
D. NPDES Watershed Strategy
The Watershed Protection Approach is an Agency initiative which
promotes integrated solutions to address surface water, ground water,
and habitat concerns on a watershed basis. It represents EPA's renewed
emphasis on addressing all stressors within a hydrologically defined
drainage basin, instead of viewing individual pollutant sources in
isolation. It is not a new program competing with, or replacing,
existing programs; rather, it provides a management framework, within
which baseline CWA program requirements, related public health
concerns, and newer initiatives can be integrated to address
restoration and protection of aquatic ecosystems cost-effectively .
The Watershed Protection Approach has four components. First, it
focuses protection and restoration activities within a geographically
defined resource, the watershed. Second, it emphasizes the involvement
of all affected stakeholders within a watershed; these may include
Federal authorities, State governments, local governments, the
regulated community, environmental groups, and other interested
parties. Third, it stresses the need for appropriate stakeholders to
[[Page 62552]]
take comprehensive, integrated actions to address environmental
priorities. Finally, it promotes a regular effort to evaluate the
success of these actions in protecting and restoring the watershed.
The broad range of NPDES functions and activities gives the NPDES
program a key role in implementing the Watershed Protection Approach.
On March 21, 1994, the EPA Assistant Administrator for Water issued the
NPDES Watershed Strategy. The Strategy represents a first step toward
OW's goal of fully integrating the NPDES program into the broader
Watershed Protection Approach.
The Strategy outlines national objectives and implementation
activities: (1) to integrate NPDES program functions into the broader
Watershed Protection Approach; and (2) to support the development of
Statewide basin management approaches. To this end, the Strategy
identifies six areas that are considered essential for the Agency to
support these objectives:
Statewide Coordination--Support the development of Statewide basin
management frameworks, coordinate EPA Office of Water grants
application and reporting processes, and coordinate interstate basin
efforts to facilitate implementation of the Watershed Protection
Approach;
NPDES Permits--Implement a methodology for issuing NPDES permits on
a watershed basis and emphasize training on watershed protection.
Streamline the NPDES permit development, issuance, and review process.
Develop and implement innovative approaches to NPDES permitting on a
watershed basis, where feasible;
Monitoring and Assessment--Develop a Statewide monitoring strategy;
establish point source ambient monitoring requirements, where
appropriate, to facilitate the development of monitoring consortia and
individual monitoring efforts; and promote comparable data collection,
analysis, and utilization by all stakeholders;
Programmatic Measures and Environmental Indicators--Revise existing
national accountability measures to facilitate implementation of the
Watershed Protection Approach and establish new measures of success
that reflect assessment of progress toward short- and long-term
watershed protection goals;
Public Participation--Utilize existing NPDES public participation
process and development of basin-wide management plans to encourage
informed participation by watershed stakeholders, educate stakeholders
about watershed planning efforts, and seek broad public participation
in identifying local environmental goals; and
Enforcement--Include emphasis on minor facilities which are
discharging to priority basins, within the base national enforcement
program, and use 308 authorities, inspections and supplemental
environmental projects, where appropriate, to support watershed
protection activities.
The Agency views today's rulemaking as an opportunity to further
the objectives of the Watershed Protection Approach and the NPDES
Watershed Strategy. Both proposed Form 2A and proposed Form 2S request
information which support these objectives. These questions are
discussed in detail below. The Agency requests comment on what specific
additional changes might be made to proposed Form 2A and proposed Form
2S to support the Watershed Protection Approach.
E. Permit Writer's Information Needs Related to Endangered Species and
Historic Properties
EPA is considering whether the permit application regulations
should require permit applicants to provide available information
related to endangered species and historic properties. The Endangered
Species Act, 16 U.S.C. Sec. 1531 et seq., creates certain obligations
requiring the Agency to consult with other federal agencies (U.S. Fish
and Wildlife Service and National Marine Fisheries Services) when EPA
carries out, authorizes, or funds an action that may affect threatened
or endangered (``listed'') species. The National Historic Preservation
Act, 16 U.S.C. Sec. 470 et seq., creates certain obligations requiring
the Agency to consult with State officials (State Historic Preservation
Officers) and/or federal officials at the Advisory Council for Historic
Preservation in order for EPA to take into account the effect on
historic properties of an ``undertaking,'' as that term is defined by
the National Historic Preservation Act. EPA believes that the
collection of such information would be useful to regulatory officials
in considering permit applications for activities or undertakings that
may affect listed species or historic properties, respectively. Absent
information in the permit application, EPA may need to collect such
information on a case-by-case basis, which could delay the permit
issuance process in some instances.
EPA invites public comment on the information that could or should
be provided by the permit applicant. Specifically, if EPA established
permit application questions about listed species or historic
properties, what kind of information can or should the permit applicant
provide? Would it be appropriate to request that the permit applicant
identify whether there are known or suspected listed species, including
species proposed for listing and designated critical habitat, or
historic properties in the area of the POTW discharge (or sludge use or
disposal site by a TWTDS) that would be affected by that POTW discharge
(or sludge use or disposal by a TWTDS)? How could or should EPA provide
applicants with flexibility to assist regulatory officials in the
consideration of potential impacts of activities on listed species or
historic properties? Though EPA does not propose what type of
information related to endangered species or historic properties would
be sought in today's proposal, any such information collection requests
in the final regulation may affect the costs associated with complying
with the permit application regulations, both in terms of financial
cost and burden hours. EPA invites public comment on all aspects of
efficient federal permitting of POTWs (and TWTDS) consistent with
requirements of the Endangered Species Act and the National Historic
Preservation Act.
F. Permit as a Shield
Section 402(k) of the CWA, also known as the ``shield'' provision,
provides that compliance with an NPDES permit shall be deemed
compliance, for purposes of sec. 309 and 505 enforcement, with sec.
301, 302, 306, 307, and 403 of the CWA (except for any standard imposed
under sec. 307 for toxic pollutants injurious to human health). In
response to questions raised regarding EPA's interpretation of the
scope of the ``shield'' associated with NPDES permits under the CWA,
the Agency issued a policy statement on July 1, 1994, to describe the
Agency's current position on the scope of the authorization by EPA to
discharge under an NPDES permit and the shield thus associated with
permit authorization.
As part of an application for an individual NPDES permit, EPA
requires that an applicant provide certain information on its facility.
In the case of industrial permit application, this includes specific
information about the presence and quantity of a number of specific
pollutants in the facility's effluent, as well as general information
on all waste streams and operations contributing to the facility's
effluent and the treatment the wastewater receives. Present application
requirements for
[[Page 62553]]
municipal discharges focus primarily on the operation and treatment
processes at the municipal treatment works, although some quantitative
information is also required.
Historically, EPA has viewed the permit, together with material
submitted during the application process and information in the public
record accompanying the permit, as important bases for an authorization
to discharge under sec. 402 of the CWA. The availability of the sec.
402(k) shield is predicated upon the issuance of an NPDES permit and a
permittee's full compliance with all applicable application
requirements, any additional information requests made by the permit
authority and any applicable notification requirements under 40 CFR
Secs. 122.41(l) and 122.42, as well as any additional requirements
specified in the permit.
In the July 1, 1994, policy statement, the Agency explained that a
permit provides authorization and therefore a shield for the following
pollutants resulting from facility processes, waste streams and
operations that have been clearly identified in writing in the permit
application process when discharged from specified outfalls:
(1) Pollutants specifically limited in the permit or pollutants
which the permit, fact sheet, or administrative record explicitly
identify as controlled through indicator parameters (of course,
authorization is only provided to discharge such pollutants within the
limits and subject to the conditions set forth in the permit);
(2) Pollutants for which the permit authority has not established
limits or other permit conditions, but which are specifically
identified in writing as present in facility discharges during the
permit application process; and
(3) Pollutants not identified as present but which are constituents
of wastestreams, operations or processes that were clearly identified
during the permit application process (the permit, of course, may
explicitly prohibit or limit the scope of such discharges).
With respect to subparts 2 and 3 of the permit authorization
described above, the Agency recognizes that a discharger may make
changes to its permitted facility (which contribute pollutants to the
effluent at a permitted outfall) during the effective period of the
NPDES permit. Pollutants associated with these changes (provided they
are within the scope of the operations identified in the permit
application) are also authorized provided the discharger has complied
in a timely manner with all applicable notification requirements (see
40 CFR 122.41(l) and 122.42 (a) and (b)) and the permit does not
otherwise limit or prohibit such discharges. Section 122.42(b) requires
that POTWs must provide adequate notice, including information on the
quality and quantity of discharges to the POTW and anticipated impacts
on the quantity or quality of effluent discharged by the POTW, of new
introductions of pollutants by indirect dischargers into the POTW and
any substantial change in the volume or character of pollutants being
introduced by sources introducing pollutants into the POTW at the time
of permit issuance.
Notwithstanding any pollutants that may be authorized pursuant to
subparts 1 and 2 above, an NPDES permit does not authorize the
discharge of any pollutants associated with wastestreams, operations,
or processes which existed at the time of the permit application and
which were not clearly identified during the application process.
In the July 1994 policy statement, the Agency committed to revise
the NPDES permit application regulations for both municipal and
industrial discharges, so as to ensure that applicants would have the
responsibility to characterize more fully the nature of their effluents
and the contributions of their effluents to receiving waters. The
Agency stated that, in addressing this issue, it would review EPA's
position on the scope of the shield provided by sec. 402(k).
Generally, the discharger is in the best position to know the
nature of its discharge and potential sources of pollutants.
Consequently, requiring as full a disclosure as technically possible in
the permit application is one option EPA may want to consider in light
of the protection afforded the discharger by the permit shield.
However, in the case of POTWs, providing a permit shield only for
pollutant discharges fully and completely characterized in the permit
application could represent a significant burden on POTWs if they were
required to identify every pollutant discharged. This is so because of
the potential pollutant contribution into POTW sewer systems from
industrial users and residential dischargers. Narrowing the scope of
the shield and consequent expansion of potential liability would likely
raise the cost associated with the failure to anticipate, detect, and
provide information on these discharges.
The Agency has concerns that, using the current application form,
permitting authorities using the existing municipal application forms
may not always receive the information about an applicant's discharge
needed to develop permits consistent with the requirements of the CWA.
In today's proposed rule, the Agency is updating its POTW discharge
application requirements (proposed Form 2A and proposed Sec. 122.21(j))
to provide more information to permit writers and to streamline the
permitting process by ensuring that the information needed from most
applicants is consolidated onto a single application form. The Agency
solicits comment on whether the proposal adequately addresses these
concerns. Moreover, EPA is seeking the public's views on how to strike
the proper balance between the need for environmental protection,
incentives to ensure adequate disclosure, and the discharger's need for
certainty that its conduct meets legal requirements.
The Agency also specifically requests comment on adding additional
application requirements that would make applicants responsible for
providing more information than that specified on the form. For
example, the Agency is considering adding a question asking whether the
POTW has any other information on pollutants not otherwise requested on
the form. The Agency is also considering whether to ask whether the
POTW has any information on adverse impacts on water quality, such as
information concerning beach closings, citizen complaints, or fish
kills. In providing comments on such questions, commenters should state
whether they would have a chilling effect on--that is, might tend to
inhibit--the activities of POTWs already participating, for example, in
ambient monitoring. Comment is also requested on the extent to which
such information is already available to permitting authorities.
G. Pollutant Data from POTWs
In preparing options for pollutant data collection for today's
proposed rule, the Agency sought to identify relevant pollutant data
records for reference. In so doing, the Agency reviewed POTW effluent
``priority pollutant scan'' data from EPA Region VI and from North
Carolina. These data represented data from samples of the effluents of
several hundred POTWs with a design flow greater or equal to one (1.0)
mgd (i.e., ``major'' POTWs). Although the information requested by the
Region and State differed in some respects, each required major POTWs
to report on all ``priority pollutants'' (i.e., the pollutants listed
in 40 CFR Part 122, Appendix D, Tables II and III). The Agency compiled
this information in a database, and analyzed it to determine the
pollutants most frequently detected in these effluents.
The Agency concluded that, although this survey was not conducted
based on
[[Page 62554]]
statistical methodologies, it was possible to discern certain general
patterns in the incidence of pollutants reported. Our review of Region
VI and North Carolina data indicated that over 90% of 300 POTWs sampled
reported at least one of the chemicals listed in Appendix D, Table III.
Copper and zinc each appeared in two-thirds of all the POTWs surveyed;
lead and nickel each appeared in about thirty percent of the effluents
sampled; antimony, arsenic, cadmium, and silver each appeared in more
than fifteen percent of facilities; and mercury and cyanide each
appeared in slightly fewer than fifteen percent. Certain volatile
organics (i.e., THMs) each appeared in roughly a quarter or more of the
POTWs sampled; and certain base neutral compounds (i.e., pthalate
esters) each showed up in ten to twenty percent of POTWs. Finally, only
a few of the pesticides listed in Appendix D, Table II were reported in
a small number of these scans.
While this information was not determinative in the Agency's
decisions about what to include on the forms, it was consistent with
other information provided, and supported some of the Agency's
assumptions articulated elsewhere in this preamble concerning the
appropriate pollutant test data to require from major POTWs. Notably
lacking, however, were data on discharges from ``minor'' POTWs (those
with a design flow of less than one (1.0) mgd). The Agency is seeking
information concerning the discharges from minor POTWs and intends to
collect such information between this proposal and the final rule that
will provide a basis for determining the appropriate sampling
requirements for those POTWs.
H. Public Consultation in the Development of Today's Proposal
In the course of developing today's proposed rule, EPA made efforts
to consult with interested stakeholders in the application process. In
late 1993 and early 1994, the Agency sought feedback on draft forms and
other elements of the proposal from States with approved NPDES
programs, local governments, the Association of State and Interstate
Water Pollution Control Administrators (ASIWPCA), the Association of
Metropolitan Sewerage Agencies (AMSA), the California Association of
Sanitation Agencies (CASA), the Water Environment Federation (WEF), and
several environmental groups. In response to this outreach effort, the
Agency received written comments from a dozen States, several
municipalities, and from AMSA. Agency representatives also met with
State and municipal representatives and conducted a conference call
through WEF.
With respect to the POTW wastewater discharge application, the
Agency was particularly interested in issues relating to pollutant data
collection. The Agency indicated that it was considering a tiered
approach, based upon POTW size and the level of industrial contribution
(i.e., whether the POTW was required to implement a local pretreatment
program). Most commenters generally supported the idea of a tiered
approach (i.e., that the Agency not require the same information from
all POTWs). The Agency received an array of suggestions concerning what
pollutant data should be required. Among the concerns raised by
commenters were the following: ease of completion; flexible
implementation by States; reduced pollutant data requirements;
sensitivity to impacts on small municipalities; and elimination of
redundant reporting. In addition, the Agency received numerous
technical comments concerning various details of the information to be
reported.
In response, the Agency has made changes to the proposed rule to
provide a user-friendly modular design for the forms and has revised
its initial approach to municipal pollutant data collection for this
proposal. The Agency's proposed approach to pollutant data collection
would limit pollutant data requests to those pollutants of greatest
concern and would require less pollutant data from smaller
municipalities. However, the Agency is still considering several
options concerning the amount of pollutant data to be provided,
including options that would require minor POTWs to provide sampling
data on metals, some organic compounds, and whole effluent toxicity.
With respect to the sludge application, the Agency was interested
in the type and amount of pollutant data currently requested by States.
Responses showed variation among States. Comments were also received
that questioned the need for some of the information to be collected by
Form 2S. The Agency has removed some questions that it agrees are not
necessary for sludge permit applications. The Agency also requests
comment on several options for pollutant data collection.
Finally, the Agency proposes to allow the use of existing data and
to reduce redundant reporting by allowing permitting authorities to
waive reporting of information to which they have direct access. This
proposal is discussed in more detail in those portions of the preamble
which focus on the relevant provisions of the proposed rule. The Agency
also solicits comments on alternative considerations specifically
addressed to pollutant data submission and industrial user information.
II. Approach Taken in Today's Notice
A. Scope of Today's Rulemaking
Today's notice proposes two sets of NPDES application requirements
and a corresponding permit application form, together with
instructions, for each. Proposed Sec. 122.21(j) contains application
requirements pertaining to wastewater treatment and discharge at
publicly owned treatment works (POTWs), and would require that
applicants submitting this information to EPA use new Form 2A. Proposed
Sec. 122.21(q) contains application requirements pertaining to
generation, treatment, and disposal of sewage sludge at POTWs and other
treatment works treating domestic sewage, and would require that
applicants submitting applications to EPA use new Form 2S.
The proposed forms would be used both by EPA and by approved NPDES
States that choose to adopt these forms. Approved States could also
elect to use forms of their own design so long as the information
requested includes at least the information required by the final
NPDES/sludge regulations. EPA and State NPDES authorities may request
additional information from permit applicants whenever necessary to
establish appropriate permit limits and conditions. CWA sec. 308.
The proposed forms and instructions for each form are included with
today's proposed rule as an appendix to the rulemaking package. EPA is
not intending to publish the forms and instructions with the final
rule, so as to reduce the length of the Federal Register notice for the
final rulemaking, and solicits comment on this issue.
B. The Agency Proposes to Revise the Definition of POTW and Existing
Permit Application Requirements for POTWs
Today, EPA proposes to revise the definition of the term ``POTW,''
as defined in 40 CFR Part 122 to conform more exactly with the
definition of the term at 40 CFR Part 403. ``POTW'' is defined at 40
CFR 403.3 as ``a treatment works . . . which is owned by a State or
municipality.'' This definition includes devices and systems used in
the storage, treatment, recycling, and reclamation of municipal sewage
or industrial wastes of a liquid nature, as well as sewers, pipes, and
other conveyances that carry wastewater to a
[[Page 62555]]
POTW treatment plant. As defined, the term ``POTW'' also refers to the
municipality that has jurisdiction over the discharges to and from such
a treatment plant. In today's proposed rule, the Agency proposes to
revise the definition of POTW in Part 122 so as to be consistent with
the more commonly understood definition located in Part 403.
The Agency's intention is to simplify and clarify, though EPA
recognizes that any change may create unanticipated confusion. The
Agency solicits comments on effects on conforming the Part 122
definition with the Part 403 definition. Specifically, the Agency is
interested in the extent the change would affect: implementation of the
Combined Sewer Overflow policy; regulatory consideration of sanitary
sewer overflows; and implementation and applicability of the NPDES and
pretreatment programs to sewerage collection systems that are not
owned/operated by the owner/operator of the treatment plant to which
collected waste waters are transported.
The Agency proposes to revise whole effluent toxicity testing
requirements found in the existing POTW permit application regulations
at Sec. 122.21(j). Under existing Sec. 122.21(j) (1)-(3), a POTW must
provide the results of whole effluent biological toxicity testing as
part of its NPDES permit application, if the POTW has a design flow
equal to or greater than one million gallons per day; if it has (or is
required to have) an approved pretreatment program; or if it is
required to report by the Director (NPDES State Program Director or EPA
Regional Administrator). The Agency proposes to revise this requirement
to reflect Agency guidance and policy, as well as practical experience
in implementing existing requirements, as set forth at proposed
Sec. 122.21(j)(4).
The Agency proposes to change the pretreatment requirement for
local limit calculations from an application requirement to a permit
requirement. Under existing Sec. 122.21(j)(4), any POTW with an
approved pretreatment program must provide a written technical
evaluation of the need to revise local limits under 40 CFR 403.5(c)(1).
The existing provision requires that the local limits evaluation be
done prior to permit issuance. This has generated feedback from States
and municipalities that it would be better to require the evaluation
after permit issuance, so as to avoid the need for a second technical
evaluation if the POTW's permit limits are revised in the new permit.
In response to these concerns, the Agency proposes to change this from
an application requirement to a POTW pretreatment program requirement,
at proposed Sec. 403.8(f)(4)(B).
C. EPA Proposes Form 2A for POTWs to Replace Standard Form A and Short
Form A
Today EPA proposes a new NPDES application form, Form 2A, for
POTWs. Currently, POTWs may be required to submit one of two forms,
depending on the size of the POTW. While both of these forms are
approved Federal forms, the NPDES regulations do not require use of the
forms by POTWs when applying for a permit. Standard Form A is intended
to be used by all POTWs with a design flow equal to or exceeding one
million gallons per day. Standard Form A contains questions about the
facility and collection system, discharges to and from the facility
(including information on some specific pollutant parameters), and
scheduled improvements and schedules of implementation. Short Form A is
intended for use by all POTWs with a design flow of less than one
million gallons per day. Short Form A contains only fifteen questions
of a summary nature, and asks for virtually no information on specific
pollutants. Many States use one or both of the Federal forms, but a
number of States have developed State forms that request information
not included on the Federal forms.
EPA proposes to replace both Standard Form A and Short Form A with
a single Form 2A, subdivided into two parts, titled ``Basic Application
Information'' and ``Supplemental Application Information''. Basic
application information would include information about the collection
system and the treatment plant, general information concerning the
types of discharges from the treatment plant, identification of
outfalls, certain effluent characteristics, and scheduled improvements.
The Agency believes that a separate short form for all minor POTWs is
no longer appropriate, because in order to establish adequate permit
limits, information such as that mentioned above must be collected from
all POTWs, regardless of size.
On the other hand, the Agency recognizes the need to be selective
in requiring further additional information. For this reason, the
Agency has divided the proposed form into two parts. To limit the
reporting burden for smaller POTWs without significant industrial
contributions, EPA proposes to require effluent monitoring data for 17
parameters from POTWs with design flows less than one million gallons
per day (mgd) and without pretreatment programs. These 17 parameters
consist mostly of conventional and nonconventional pollutants. Larger
POTWs and pretreatment POTWs, by comparison, would be required to
report effluent monitoring data for metals and organic compounds as
well as the 17 parameters required for smaller POTWs. Thus, the Basic
Application Information part of Form 2A would require reporting on
those parameters required of all POTWs, while the Supplemental
Application Information part of the form would be used by applicants
providing data on toxic pollutants (i.e., larger POTWs and pretreatment
POTWs). Similarly, the Supplemental Application Information part of
Form 2A is intended to be used by applicants required to provide the
results of whole effluent toxicity tests, applicants with significant
industrial users, and applicants with CSOs.
The Agency also invites comment on requiring use of the form
itself. As explained previously, EPA conducted significant public
outreach to design an application form that is easy to use, including
outreach on the form itself. Use of the form would provide all of the
information requested in the proposed application regulations, whereas
modification of the form may result in failure to provide information
to be required in the proposed regulations. On the other hand, EPA
seeks to provide maximum flexibility by ``streamlining'' procedures for
permit development. The Agency seeks comment on whether requiring use
of the form would interfere with streamlining permitting procedures.
D. Applicability of Form 2A to Privately Owned and Federally Owned
Treatment Works
As in the case of existing Standard Form A and Short Form A, EPA
proposes that Form 2A and the application requirements at
Sec. 122.21(j) be required only for POTWs. However, the Agency proposes
that the Director have the discretion to use the proposed form for
treatment works that are not POTWs. As previously discussed, the NPDES
program has evolved considerably since Standard Form A and Short Form A
were promulgated in 1973, and now embraces facilities that operate
similarly to POTWs but which do not meet the regulatory definition of
POTW. Although not owned by a State or municipality, such facilities
nevertheless receive predominantly domestic wastewater, provide
physical and/or biological treatment, and discharge effluent to waters
of the United States. Such facilities include Federally owned treatment
works (FOTWs) and privately owned treatment
[[Page 62556]]
works that treat primarily domestic wastewater.
EPA is aware that Federal and State permitting authorities use a
number of mechanisms for obtaining NPDES permit application information
from non-POTW treatment works. These mechanisms include Standard Form
A, Short Form A, Form 2C (``Existing Manufacturing, Commercial, Mining,
and Silvicultural Operations''), and Form 2E (``Facilities Which Do Not
Discharge Process Wastewater''). The Agency believes that Form 2A would
in many cases be the more appropriate application form for non-POTW
treatment works, and solicits comments on its applicability to such
facilities.
Nevertheless, the Agency does not propose to require Form 2A for
non-POTW treatment works. Despite many functional similarities to
POTWs, such facilities do not share the same regulatory requirements
and thus might not be required to report the same information to
permitting authorities. In many instances, non-POTW treatment works are
not required under the NPDES regulations to develop pretreatment
programs, meet secondary treatment requirements, or report results of
whole effluent toxicity testing with their permit applications. For
those facilities, requiring such information through Form 2A might be
unnecessary.
The Agency solicits comments on whether the provisions of
Sec. 122.21(j) and the requirement to use Form 2A should be extended to
treatment works other than POTWs. EPA is particularly interested in
commenters' views on how to collect appropriate information in
appropriate circumstances. EPA also seeks to design permit application
requirements to account for privatization of treatment plants initially
constructed as publicly owned treatment works. The permit application
requirements in this proposed rule may be appropriate for partially
privatized portions of POTWs, particularly because the proposed
information regulations in today's rule would solicit information about
sewerage collection systems that might not otherwise be collected under
the industrial permit application regulations. Finally, EPA solicits
comment on the extent of the similarity between POTWs and FOTWs, for
example, whether FOTWs would have combined sewage collection systems.
In another part of today's proposal, EPA is soliciting comment about
the definition of POTW to which the permit application regulations
would apply.
E. EPA Proposes Revised Application Requirements and Form 2S for Sewage
Sludge Permits
Today, EPA also proposes a new form, Form 2S, to collect
information on sewage sludge from treatment works treating domestic
sewage (TWTDS). The term ``treatment works treating domestic sewage''
is a broad one, intended to reach facilities that generate sewage
sludge or effectively change its pollutant characteristics as well as
facilities that control its disposal. The term includes all POTWs and
other facilities that treat domestic wastewater. It also includes
facilities that do not treat domestic wastewater but that treat or
dispose of sewage sludge, such as sewage sludge incinerators,
composting facilities, commercial sewage sludge handlers that process
sludge for distribution, and sites used for sewage sludge disposal. In
addition, EPA may designate a facility a TWTDS when the facility's
sludge quality or sludge handling, use, or disposal practices have the
potential to adversely effect public health and the environment. Septic
tanks or similar devices are not considered TWTDS.
In addition to proposing sewage sludge application requirements in
new paragraph 122.21(q), EPA also proposes to delete the cross-
reference to Sec. 501.15(a)(2) in paragraph 122.21(d)(3)(ii). This
would consolidate all of the sewage sludge application requirements in
paragraph 122.21(q). The information included in Sec. 122.21(d)(3)(ii)
and Sec. 501.15(a)(2) was not intended to be a final, comprehensive
list of all of the application information required of a TWTDS. Such a
comprehensive list was not possible until after promulgation of the
technical sewage sludge standards. Rather, with these sections, EPA
provided a minimum set of information requirements to suffice until
more comprehensive sewage sludge permit application regulations could
be promulgated. In light of the promulgation of technical sewage sludge
use or disposal standards, at 40 CFR Part 503, EPA today proposes to
modify the sewage sludge permit application requirements to add new
Sec. 122.21(q) and to revise paragraph Sec. 122.21(d)(3)(ii)
accordingly.
EPA intends to maintain consistency between the NPDES permit
application requirements of Part 122 and the State sewage sludge
permitting requirements of Parts 123 and 501. This reflects EPA's
belief that a TWTDS should submit the same application information
regardless of whether the permitting authority regulates sludge
management under an approved NPDES or under a non-NPDES program.
Therefore, under today's rulemaking, EPA also proposes to revise the
language of Secs. 123.25(a)(4) and 501.15(a)(2) to modify the sludge
information requirements. EPA seeks comment on this revision.
F. Reasons for Separate Form 2A and Form 2S
EPA today proposes two separate forms for municipal wastewater
discharges and sludge for several reasons. First, the forms would
differ in their applicability. Form 2A would apply only to POTWs; Form
2S would require information from all TWTDS. Most facilities that
generate, treat, or dispose of sewage sludge are POTWs, and will be
required to submit both application forms. However, several thousand
TWTDS do not discharge to surface waters and therefore are not required
to have NPDES discharge permits. Thus, they would be required to submit
Form 2S but not Form 2A.
Second, separate application forms are also appropriate because
wastewater and sewage sludge are often regulated by different
permitting authorities. In 41 States and territories, the NPDES program
is administered at the State level through an EPA-approved NPDES
program. Therefore, POTWs in NPDES States would obtain NPDES permits
from the State permitting authority (by submitting Form 2A to the
State) and sewage sludge permits from EPA (by submitting Form 2S to the
EPA Regional Office). Separate application forms would facilitate this
bifurcated permitting process. In addition, even when a State sludge
permitting program is approved, the program will not necessarily be
administered by the State's NPDES permitting authority. For example, a
POTW in a State with both NPDES and sludge permitting authority could
receive its NPDES permit from the water management agency and its
sewage sludge permit from a solid waste agency. Separate Forms 2A and
2S would also facilitate permitting in this situation.
G. EPA Solicits Comment on the Use of Electronic Application Forms
Consistent with recent amendments to the Paperwork Reduction Act,
the Agency intends to develop electronic data submission as an
alternative form of application. The use of electronic media should
help to streamline the application process and to reduce the amount of
repetition associated with completing application forms that are only
available on hard copy. As previously noted, the elimination of
redundant reporting is one of the goals of this rulemaking.
[[Page 62557]]
It is not clear, however, how this would best be accomplished,
especially because permit application forms must be ``signed'' to
ensure reliability of permit application information (and
enforceability of the permit application regulations). Options range
from transmitting data electronically, submitting disk copies, or
submitting a hard copy. It might be most feasible to have electronic
forms that could be distributed and completed electronically, and then
printed, signed, and submitted. Although the Agency is considering how
``signatures'' for electronic submissions could be obtained, there are
other issues concerning the use of application forms, such as how to
attach accompanying documents. The Agency solicits comments regarding
the interest that applicants and permitting authorities may have in
this area, and suggestions as to how it could most feasibly be
accomplished.
III. Description of Proposed Requirements
A. EPA Proposes to Revise Requirements in Sec. 122.21 (c), (d) and (f)
Concerning the Use of Forms 1, 2A, and 2S
EPA proposes revisions to the existing general application
requirements for all NPDES permittees, which would require the use of
Forms 2A and 2S by applicants for EPA-issued permits. The proposed rule
would not require applicants using these forms to use Form 1, as is
currently required. Today's proposed rule substantially incorporates
the requirements of Sec. 122.21(f) into the requirements of proposed
Sec. 122.21 paragraphs (j) and (q).
1. Requirement to Submit Form 2A
EPA proposes in Sec. 122.21(d) to require POTWs to submit the
information at Sec. 122.21(j) using Form 2A or an equivalent form
approved by the Director. The Agency proposes to require applicants for
EPA-issued permits to complete Form 2A, but is considering not
requiring the use of the form so long as the proposed regulatory
requirements are met. The Agency intends to allow the use of any method
of electronic data submission the Agency may approve as part of the
final rule in lieu of the form itself.
2. Requirement to Submit Form 2S
EPA also proposes in Sec. 122.21 paragraphs (c)(2)(iii) and (d) to
require TWTDS to submit the information at Sec. 122.21(q) using Form 2S
or an equivalent form approved by the Director. As with Form 2A, the
Agency proposes to require applicants for EPA-issued permits to
complete Form 2S, but is considering not requiring the use of the form
so long as the proposed regulatory requirements are met. Also as with
Form 2A, the Agency intends to allow the use of any method of
electronic data submission the Agency may approve as part of the final
rule.
B. Application Requirements for POTWs (40 CFR 122.21(j))
Today's proposed rule includes application requirements for all
POTWs. These requirements are proposed at 40 CFR 122.21(j). Form 2A
tracks the information required by the regulation in parallel fashion.
Applicants for State-issued permits are not required to use Form 2A, so
long as the other application form provided by the Director requests
the information required by proposed Sec. 122.21(j).
EPA acknowledges concerns relating to redundant reporting which
were raised by State and municipal commenters during the consultation
process. The Agency does not wish to require applicants to report
information already provided or available to the permitting authority.
Today's proposal would allow permitting authorities to waive reporting
requirements, as appropriate. The introductory paragraph of proposed
Sec. 122.21(j) would allow the Director to waive any requirement in
proposed paragraph (j) if the Director has access to substantially
identical information. The Agency solicits comment on this approach
and, specifically, on the conditions for allowing such a waiver. In
today's proposed rule, the Agency also solicits comments on more
narrowly defined waivers for specific requirements (see discussion
below concerning pollutant data requirements and industrial user
information requirements).
The Agency also solicits comment on ways to allow the permit writer
or permitting authority discretion in waiving particular information
where the permitting authority determines that such information is not
necessary for the application. In other words, there may be flexible
ways to look at each applicant in light of the overall ``matrix of
characteristics'' regarding a particular facility. Where, for example,
historical data indicate that additional sampling is not warranted
unless other conditions have changed, the Agency is allowing the
permitting authority to waive such sampling. Such flexibility would
involve a holistic approach to implementing these proposed
requirements. The Agency solicits comment as to ways in which it could
be accomplished without making these provisions entirely discretionary,
and thus making it difficult for the applicant to predict how
discretion would be exercised. This might be particularly relevant on
the second and subsequent rounds of permitting under these proposed
provisions. The Agency also seeks comment on what information might be
appropriate and what information might be inappropriate for such
waivers.
1. Basic Application Information
Today's proposal would require all POTW applicants to provide the
information in proposed Sec. 122.21(j)(1). All of this information is
also requested in Questions 1-16 of the Basic Application Information
part of proposed Form 2A.
Proposed Sec. 122.21(j)(1) of today's rule would require
information on the POTW's service area and physical plant. The proposed
rule would require all applicants to provide information regarding the
community served and physical characteristics of the treatment works.
Proposed Sec. 122.21(j)(1)(i) requests facility identification
information. Proposed Sec. 122.21(j)(1)(ii) requests information about
the applicant, which may or may not be the facility itself. Proposed
Sec. 122.21(j)(1)(iii) asks the applicant to provide permit numbers of
any existing environmental permits that have been issued to the
facility.
Proposed Sec. 122.21(j)(1)(iv) would require the applicant to list
the municipalities and populations served by the POTW. The POTW may
serve several areas (including unincorporated connector districts) in
addition to the one in which it is located. The permit writer needs to
know what areas are served and the actual population served in order to
calculate the potential domestic sewage loading to the facility. The
information on the community is also useful for providing notice and
public comment for permit reissuance, and for public education.
Proposed Sec. 122.21(j)(1)(v) would require the applicant to report
the facility's design flow rate and the annual average daily flow rate
for each of the past three years. This information enables the
permitting authority to calculate limits appropriate to the POTW, to
alert the permitting authority to the need for flow restrictions or
facility expansion, and to compare design and actual flows.
Proposed Sec. 122.21(j)(1)(vi) would require information on the
type of collection system used by the facility. The applicant would
also identify whether the collection system is a separate sanitary
system or a combined storm and sanitary system. The
[[Page 62558]]
applicant would also estimate the percent of sewer line that each type
comprises. Familiarity with the type of collection system enables the
permit writer to anticipate combined collection system overloading in
wet weather. The current application form, Standard Form A, requests
that the applicant also provide the length of the collection system (in
miles). The proposed rule does not include this requirement because the
Agency does not believe that such information is useful to the permit
writer.
Proposed Sec. 122.21(j)(1)(vii) would also require information on
inflow and infiltration. Inflow is the uncontrolled entrance of water
into the collection system from surface sources such as unsealed
manholes. Infiltration is water that enters the collection system
through deteriorated or defective pipes, joints, and connections. Both
conditions may indicate the need for special permit conditions (such as
best management practices) to reduce the inadvertent flow of water to
the POTW. EPA requests comment on the availability of inflow and
infiltration information at POTWs. This provision would also request
information on steps the facility is taking to minimize inflow and
infiltration.
Proposed Sec. 122.21(j)(1)(viii) would require the applicant to
provide a topographic map that includes information on the layout of
the treatment plant, including all unit processes; intake and discharge
structures; wells, springs, and other surface water bodies; sewage
sludge management facilities; and the location(s) at which hazardous
waste enters the treatment plant by truck, rail, or dedicated pipe.
This provision reflects the topographic map requirements of
Sec. 122.21(f)(7), and is more specifically designed to include
features most likely to be found at a POTW.
Proposed Sec. 122.21(j)(1)(ix) would require the applicant to
submit a process flow diagram or schematic, together with a narrative
description. The permit writer uses this information to develop
secondary treatment and water quality-based permit requirements, as
well as other applicable permit conditions.
Proposed Sec. 122.21(j)(1)(x) would require information about
bypasses, which are intentional diversions of wastestreams from any
part of a treatment plant. Regulations governing bypasses are set forth
at 40 CFR 122.41(m). Facilities experiencing bypasses are required to
estimate the frequency, duration, and volume of bypass incidents, and
the reasons why bypasses have occurred. Information on bypasses is used
by the permit writer to develop appropriate permit limits and
conditions for these discharges.
Proposed Sec. 122.21(j)(1)(xi) would require general information
regarding discharges to waters of the United States as well as
discharges to destinations other than surface waters. This information
enables the permit writer to account for all wastewater that enters the
POTW, regardless of whether or not it is discharged directly to
receiving waters. From a watershed permitting standpoint, permitting
authorities may use this information to identify flows that
individually or collectively may have an impact on the watershed,
whether or not they are discharged directly into waters of the U.S.
If any effluent is discharged to surface impoundments with no
discharges to waters of the U.S., the applicant would report the
location of each surface impoundment, the annual average daily volume
discharged to each surface impoundment, and whether the discharge is
continuous or intermittent. If effluent is applied to the land, the
applicant must provide the site location, the site size, and the annual
average daily volume of effluent applied. The applicant must also state
whether land application is continuous or intermittent. This
information alerts the permit writer to the potential for point source
discharges to arise from land application sites under certain
circumstances, such as cold weather or high volume discharges, or from
surface impoundments.
Proposed Sec. 122.21(j)(1)(xi) would also require the applicant to
report whether wastewater is discharged to another treatment works, the
means by which the wastewater is transported, the average daily flow
rate to that facility, and information identifying the receiving
facility. The applicant must also identify the organization
transporting the discharge, if other than the applicant. The permit
writer needs this information in order to track the wastewater and
verify the transfer.
Finally, proposed Sec. 122.21(j)(1)(xi) would require information
on other types of disposal, such as underground percolation or
injection. These types of disposal may result in the transfer of
pollutants to waters of the U.S. through underground flows, and thus
are of interest both to the permit writer in writing the permit and to
the permitting authority in designing watershed protection strategies.
Proposed Sec. 122.21(j)(1)(xii) would require the applicant to
report whether the POTW is located on a Federal Indian Reservation,
discharges to a receiving water that is on a Federal Indian Reservation
or upstream of and eventually flows through a Federal Indian
Reservation. This information enables the permit writer to identify the
proper permitting authority and applicable requirements, including
applicable water quality standards.
Proposed Sec. 122.21(j)(1)(xiii) would require the applicant to
provide information about any scheduled facility improvements.
Improvements to the facility may change its flow or removal efficiency,
necessitating a permit modification. The permit writer may modify the
permit when the improvement is complete, or may include alternate
limits in the permit that would take effect upon completion of the
improvement.
The current application form, Standard Form A, requests certain
information about required improvements including information on dates
for completion of the preliminary plan, completion of the final plan,
awarding of contract, and site acquisition. EPA is proposing to delete
these requirements but solicits comment on their usefulness. Standard
Form A also requires the applicant to identify the authority imposing
the improvement and the general and specific action codes. The Agency
proposes to delete this requirement because permit writers have
indicated that this information is unnecessary to writing the permit.
2. Information on Effluent Discharges
Proposed Sec. 122.21(j)(2) of today's rule would require all POTWs
that discharge effluent to waters of the U.S. to provide specific
information for each outfall through which effluent is discharged to
surface waters, excluding CSO outfalls. This information would be
reported in Questions 17, 18, and 19 of the Basic Application
Information part of proposed Form 2A. The applicant would be required
to submit the information required for each outfall.
Proposed Sec. 122.21(j)(2)(i) would require general information
about each outfall. The applicant must specify the outfall number,
location, latitude and longitude, distance from shore (if applicable),
distance below surface (if applicable), and average daily flow (in
million gallons per day). EPA enters the latitude and longitude points
into the water quality data base STORET. Maps of the location of water
discharges are developed to examine the relationship between NPDES
outfalls and other areas of concern, such as drinking water intake
points or sensitive ecosystems. This information is also used to
establish water quality-based effluent limits appropriate for the
particular
[[Page 62559]]
receiving water. The locational data requested by this question also
supports the Watershed Protection Approach, because it provides Federal
and State environmental managers with information they need to
geographically locate discharge points.
Latitude and longitude would be required to be reported to the
nearest second. This is consistent with EPA's Locational Data Policy
(LDP) (See ``Locational Data Policy Implementation Guidance, Guide to
the Policy (March 1992)''). In accordance with this policy, all
latitude/longitude measurements in Agency data collection should have
accuracies of better than 25 meters (i.e., roughly, one second).
Proposed Sec. 122.21(j)(2)(i) would require information about the
interval and duration of effluent discharges that are seasonal or
periodic. Such discharges arise from certain conditions, usually
related to the process at an industrial user, whereby the industrial
user discharges intentionally at specified times following treatment.
For each outfall with an intermittent discharge, the applicant must
report the annual frequency, duration, flow, and the months in which
the discharge occurs. The permit writer uses this information to
develop permit limits that reflect the intermittent nature of such
discharges.
Proposed Sec. 122.21(j)(2)(i) would also require the applicant to
specify whether the outfall is equipped with a diffuser and the type of
diffuser (e.g., high-rate) used. The permit writer uses this
information to make mixing zone calculations. (See ``Technical Support
Document for Water Quality-based Toxics Control,'' EPA/505/2-90-001,
March 1991.)
Most POTWs discharge treated effluent to surface waters such as
streams or rivers. Proposed Sec. 122.21(j)(2)(ii) solicits information
that describes and identifies the receiving waters into which each
outfall discharges. Information about the type of receiving water is
useful to the permit writer because mixing zones and wasteload
allocations may be calculated differently for different types of
receiving waters.
This provision would also require the name of the watershed, the
Soil Conservation Service watershed code, the name of the State
management basin, and the United States Geological Survey hydrologic
code. This locational information supports the Watershed Protection
Approach, by providing Federal and State environmental managers with a
means of locating dischargers within the U.S. Soil Conservation Service
watershed categorization system, a State's river basin categorization
system, and the U.S. Geological Survey cataloging scheme. Some States,
as well as EPA Regions, are implementing a basin management approach to
watershed protection and will require the information requested by this
question.
Proposed Sec. 122.21(j)(2)(iii) would require information on the
level of treatment for discharges from each outfall. The CWA requires
POTWs, with some exceptions, to treat influent to the level of
secondary treatment prior to discharge. Secondary treatment is defined
at 40 CFR 133.102 in terms of five-day biochemical oxygen demand
(BOD5), total suspended solids (SS or TSS), and pH. Part 133
allows adjustments to the secondary treatment requirements for POTWs
that meet certain criteria. In addition, some POTWs are subject to
requirements for ``treatment equivalent to secondary treatment,'' as
described in Sec. 133.105. Finally, some POTWs may have more advanced
levels of treatment necessary, for example, to meet water-quality based
standards for certain pollutants, such as nitrogen and phosphorous.
This provision would require data on design removal efficiencies
for BOD5 and SS. Information on these parameters is necessary in
order for the permit writer to set pollutant limits that accurately
reflect the pollutant removal that the POTW can achieve. It may also
alert the permitting authority to the need for improvements to the
treatment facility.
Proposed Sec. 122.21(j)(2)(iii) would also require information on
disinfection, which usually follows secondary or advanced treatment and
which destroys bacteria, viruses, and other pathogens in the
wastewater. Disinfection most commonly occurs through chlorination.
Many POTWs also dechlorinate their effluent prior to discharge because
excessive free chlorine in a wastewater discharge can cause aquatic
toxicity in the receiving water.
3. Effluent Monitoring for Specific Parameters
The purpose of proposed Sec. 122.21(j) and proposed Form 2A is to
provide the permit writer with the minimum information necessary to
issue to a POTW an NPDES permit that contains effluent limitations
consistent with the goals of the CWA. EPA recognizes that the quality
of a POTW's effluent depends on several factors, such as the number and
type of industrial users of the POTW, and that not all POTWs need to
report the same information to ensure developing NPDES permits to
achieve designated uses of the Nation's waters. Hence, EPA proposes a
tiered approach to collect needed effluent monitoring information.
The Agency proposes to require all POTWs to report effluent
monitoring information for the 17 parameters listed at proposed 40 CFR
Part 122, Appendix J, Table 1 (``Effluent Parameters For All POTWs'')
(see also proposed Form 2A, Basic Application Information, question
19). These parameters have a high likelihood of being present in most
POTW effluents.
EPA is proposing to require additional reporting of pollutant-
specific data for POTWs with a design flow greater than or equal to 1.0
mgd; POTWs that have or are required to have a pretreatment program;
and other POTWs required to provide this information to the permitting
authority. In general, the pollutants for which additional data would
be required are those for which there are State water quality
standards, other than dioxin, asbestos, and ``priority pollutant''
pesticides. Thus, the Agency would require, at a minimum, data on those
pollutants listed at proposed 40 CFR Part 122, Appendix J, Table 2
(``Effluent Parameters For Selected POTWs and Treatment Works Treating
Domestic Sewage'') (see also proposed Form 2A, Part A, Supplemental
Application Information: Expanded Effluent Testing). The Agency would
not require data, unless otherwise specified by the permitting
authority, on those pollutants listed at proposed 40 CFR Part 122,
Appendix J, Table 3 (``Other Parameters for Treatment Works Treating
Domestic Sewage And Selected POTWs'').
Proposed Sec. 122.21(j)(3) would require that data be separately
provided for each outfall through which treated sanitary effluent is
discharged to waters of the United States. Further, EPA recognizes that
a POTW's effluent may have similar qualities at more than one of its
outfalls. EPA thus proposes to allow applicants to provide the effluent
data from only one outfall as representative of all such outfalls,
where two or more outfalls with substantially identical effluents, and
with the approval of the permitting authority on a case-by-case basis.
For outfalls to be considered substantially identical, they should, at
a minimum, be located at the same plant, be subject to the same level
of treatment, and have passed through the same types of treatment
processes. The Agency solicits comment on this approach and,
particularly, on whether data should be separately collected from all
such outfalls. Alternatively, should applicants generally be encouraged
to follow this approach rather than
[[Page 62560]]
selectively approved on a case-by-case basis?
EPA proposes that effluent and monitoring data submitted to the
permitting authority meet the following conditions:
1. Maximum Period of Sample Collection: All data summarized in
response to these questions is proposed to be collected within a 3-year
period preceding the permit application date.
2. Minimum Number of Daily Sample Analyses: Results from a minimum
of three separate daily sample analyses (pollutant scans) are proposed
to accommodate data needs for each analyte on which information is
requested. Additional samples might be required on a case-by-case
basis.
3. Seasonal Considerations: For most POTWs, EPA expects that the
three, or more, sets of results for daily sample analyses summarized in
response to these information needs would represent typical daily
discharges occurring during at least three different calendar seasons.
For most applicants, EPA proposes to require that a minimum of 4 months
and a maximum of 8 months separate at least one pair of the daily
sample analysis results included in the summary. Applicants unable to
meet this time requirement due to, for example, periodic,
discontinuous, or seasonal discharges could obtain alternative guidance
on this requirement from their permitting authority. Permitting
authorities might alter this requirement to address considerations of
specific POTWs.
4. Testing Methods: Sampling and analysis is proposed to be
conducted in accordance with methods approved under 40 CFR Part 136.
Applicants would be expected to use methods that enable pollutants to
be detected at levels adequate to meet water quality-based standards.
Where no approved method can detect a pollutant at the water quality-
based standards level, applicants would be expected to use the most
sensitive approved method. If the applicant believed that an
alternative method should be used (e.g., due to matrix interference),
the applicant would need to obtain prior approval from the permitting
authority. If an alternative method approved in accordance with 40 CFR
Part 136 is specified in the existing permit, the applicant would be
expected to use that method unless otherwise directed by the permitting
authority. When no approved analytical method exists, an applicant
could use a suitable method and provide a description of the method.
``Suitable method'' means a method that is sufficiently sensitive to
measure as close to the water quality-based standard as possible. The
permit writer needs to know which testing methods are used in order to
assess the technical validity of the results.
5. Daily Samples: For most POTWs, sampling is proposed to be
conducted using composite samples mixed on a flow-proportional basis
over a 24-hour period from at least eight sample aliquots (100 ml
minimum) collected using an automated sample collection device. The
flow-proportional basis would involve either varying the intervals
between the collection of equal volume samples or varying the sample
volumes collected over equal interval collection periods. The reason
for using automated samplers is that they are designed to make the
necessary adjustments according to the rate of flow.
For POTWs where automated sample collection devices are not
available, it is proposed that appropriate daily composite samples for
analysis would be produced by mixing at least four sample aliquots (100
ml minimum), each collected to represent typical segments of the
operating day effluent flows.
Because pH, temperature, cyanide, total phenols, residual chlorine,
oil and grease, and bacterial indicators cannot be properly sampled by
continuous sampling devices, summarized results for each daily analysis
are proposed to be based on individual analysis of a minimum of four
grab samples collected to represent typical effluent flows over the
operating day. A grab sample has 100 ml minimum volume, collected over
15 minutes or less.
For effluents from treatment ponds or other impoundments that have
retention times of greater than 24 hours, single grab samples (100 ml
minimum collected over 15 minutes or less) would be considered adequate
to represent daily conditions for all analytes reported.
6. Maximum Data Summarization Requirements: EPA recognizes that not
all analytes are sampled and analyzed at the same frequency for
effluents from a single POTW or across all POTWs. EPA thus proposes
that summarized results for analytes should include all data collected
over the preceding three-year period, ending the calendar quarter
preceding the permit application date (providing, for example, a total
of 3 annual samples or 12 quarterly samples summarized per analyte, as
well as any other samples taken by the applicant).
For those analytes sampled and analyzed at monthly or more frequent
intervals, EPA proposes that applicants only summarize and report data
collected over a single one-year period (e.g., providing a summary of
12 monthly samples, together with any other samples taken during that
period, per analyte). The one-year period included in this data
summarization interval would end the calendar quarter preceding the
permit application date.
Applicants would be required to indicate for each analyte the
number of samples summarized and whether each summary represents a one
or three year summarization period.
7. All Data Must Be Reported: For each analyte, EPA proposes that
all samples conducted and analyzed in accordance with 40 CFR Part 136
during the reporting period be reported (i.e., included with all other
data for the period reported), regardless of whether or not they were
required by the permitting authority or these proposed regulations.
8. Data Must Be Summarized: For each analyte, EPA proposes that
applicants report the maximum daily discharge, expressed either as
concentration or mass, of all of the samples reported. Applicants would
also report the average daily discharge, expressed either as
concentration or mass, of all the samples reported.
The Agency is considering requiring applicants to report only
concentration numbers on the application or, alternatively, requiring
that applicants who wish to report mass also provide flow information
used in calculating the mass figures reported. Thus, applicants would
be required to report the flow rate used in calculating the maximum
daily discharge and the average of all of the flow rates used in
calculating the average daily discharge.
Some States may wish to have individual pollutant data reports,
rather than summary data, from applicants, either from all applicants
or on a case-by-case basis, in addition to or instead of the summary
data required by proposed Sec. 122.21(j)(3). States would be encouraged
to obtain this information in the manner considered most suitable to
their needs.
9. Existing Data May Be Reported: Where the applicant has existing
data for a given pollutant, and where such data meet the conditions
described above, EPA proposes to allow the use of such data in lieu of
data collected solely for the purpose of the permit application. If,
for example, the applicant were to have pollutant data from two
samples, only one more sample would be needed to meet the minimum
requirement of three samples, assuming that other conditions were met.
Also, where such data have previously been reported to the permitting
authority, the permitting
[[Page 62561]]
authority could waive such requirements as having been satisfied.
The Agency proposes the above conditions in an effort to be clear
about the nature of what needs to be reported. Accordingly, the Agency
solicits comment on whether these conditions are sufficiently clear, on
the one hand, or whether they are overly restrictive, on the other.
The Agency also solicits comment on each of the particular
conditions described above. The Agency is particularly interested in
comment on two of these conditions: whether three pollutant scans is
the appropriate number to require; and whether the three-year
requirement for reporting test data should be waived, as proposed,
where sampling for pollutants is done on a monthly basis.
The analytical data proposed to be reported would result from a
variety of analytical methods, with detection limits ranging from less
than 1 ppb to more than 10 ppb. The toxic analytes that are of most
concern at low concentrations are primarily analyzed by gas
chromatography (GC), gas chromatography/mass spectrometry (GC/MS),
inductively coupled plasma emission spectrometry (ICP), and atomic
absorption spectrometry (AA), and high resolution capillary column gas
chromatography/high resolution mass spectrometry (HRGC/HRMS). These
methods have different numeric analytical endpoints, based upon
detection (e.g., method detection limit) or quantification (e.g.,
minimum level) levels. In addition, the wide latitude of data reporting
definitions and conventions in use in various regulatory programs
complicates the generation and interpretation of analytical data
reported with this proposal.
In order for permit writers to develop appropriate permit
requirements, they must be able to establish whether a pollutant is
present and whether a reasonable potential for environmental impairment
exists, as defined by water quality standards and criteria. To properly
make such determinations, permit writers require more complete data and
documentation than has been previously supplied with the application
form, because any ambiguity increases the likelihood that the permit
writer will need to include in the permit limits that are near or below
10 ppb or, alternatively, additional monitoring requirements for those
pollutants for which the data are ambiguous.
Thus, it is in the best interests of both the applicant and the
permitting authority that the proposed rule would require that the
method detection limit (MDL), minimum level (ML), or other designated
method endpoint, together with identification of the corresponding
analytical methods used be stated in the permit application. Along with
this information, the proposal would require applicants to submit
pollutant data based upon actual sample values. In other words, even
where test values are below the detection or quantification level of
the method used, the actual data value should be reported, rather than
reporting ``non-detect'' (``ND'') or ``zero'' (``0'') in such
instances. If the endpoint of the method used is reported along with
the actual sample results, the permitting authority will be able to
determine if the data is in the ``non-detect'' range or ``below
quantification'' range.
The Agency has provided guidance to the applicant in the proposed
Form 2A instructions in order to minimize the conditions that lead to
inaccurate sampling data. The Agency proposes that the permit
applicant: (1) alert its laboratory to the analytical and detection
limit requirements and the expectations for documentation; and (2)
report the necessary documentation to ensure that the permit writer is
fully informed as to the methods used and the results obtained. For
more detailed information concerning analytical issues (acceptable
methods, effluent-specific detection limits, and documentation of data
and analytical problems), applicants should refer to the ``Guidance on
Evaluation, Resolution, and Documentation of Analytical Problems
Associated with Compliance Monitoring'', EPA 821-B-93-001, June 1993.
a. Pollutant Data Reporting Requirements for All POTWs
EPA has identified certain pollutants that are commonly found in
POTW effluents, regardless of size, and for which permit limits may be
necessary to prevent adverse effects on receiving waters. Proposed
Sec. 122.21(j)(3) would require each applicant, regardless of size, to
provide monitoring information for the pollutants listed in proposed
Appendix J, Table 1. These include the conventional pollutants
(defined, at 40 CFR 401.16, as biochemical oxygen demand, total
suspended solids, pH, fecal coliform, and oil and grease), as well as
other parameters that are common to domestic wastestreams, such as
ammonia (and other nitrogen compounds), and compounds of other origin,
such as chlorine (which is used for disinfection during the treatment
process).
The complete list is, as follows:
Flow
Temperature
Bacterial indicators (E. coli, Enterococci, Fecal coliform)
5-day biochemical oxygen demand (BOD5 or CBOD5)
Chlorine (total residual, TRC)
Kjeldahl nitrogen (total organic as N)
Oil and Grease
Total dissolved solids
Total suspended solids
pH
Phosphorus (PO4-P)
Dissolved oxygen
Hardness (as CaCO3)
Ammonia (as N)
Nitrate + Nitrite (as N)
The secondary treatment regulations at 40 CFR Part 133 describe the
minimum level of effluent quality that must be attained in terms of
BOD5 (or CBOD5), TSS, and pH, and specify technology-based
criteria for each parameter. Control of BOD5 (or CBOD5) is
necessary to ensure sufficient dissolved oxygen in the receiving water
to protect aquatic life; BOD5 (or CBOD5) is also a key
parameter in biological treatment systems. Extremely high levels of
suspended solids in the POTW's influent can interfere with POTW
operations. High TSS levels in the effluent also block light in the
receiving water and inhibit photosynthesis. Permit writers use
information for these, as well as all other parameters listed above, to
set appropriate water quality-based limits for permit applicants. In
instances where POTWs have been allowed to substitute chemical oxygen
demand (COD) or total organic carbon (TOC) for BOD5, in accordance
with 40 CFR 133.104, applicants would report the substituted parameter.
EPA has determined that enterococci and E. coli are better
biological indicator organisms than fecal coliform. From 1973 through
1982, the Agency studied marine and freshwater bathing beaches. These
studies reveal strong correlations between instances of
gastrointestinal illness and concentrations of certain indicator
organisms at these beaches. That is, in both fresh and marine waters,
enterococci and E. coli were strongly correlated with gastroenteritis.
(For more information on this study, see ``Ambient Water Quality
Criteria for Bacteria--1986,'' EPA440/5-84-002, January 1986.)
Because high numbers of these organisms in receiving water indicate
an increased potential for human gastrointestinal illness following
swimming or ingestion, and because both enterococci and E. coli are
contained in all domestic sewage, indicating the potential for
gastrointestinal illness, EPA is
[[Page 62562]]
proposing to require all POTWs to test for these biological indicator
organisms in their discharged effluents. The Agency is also proposing,
however, to allow the use of fecal coliform as the biological indicator
for those applicants where the applicable permitting authorities have
not yet switched to monitoring requirements for enterococci and E.
coli. EPA solicits comments on allowing the use of fecal coliform in
cases where permitting authorities have not switched from using fecal
coliform as the pathogen indicator. The Agency also solicits comment as
to whether testing for enterococci and E. coli should be required at
all before the Agency has developed approved test methods for these
parameters.
The Agency proposes that all POTWs report chlorine and ammonia
levels. EPA's experience with toxicity identification evaluations
(TIEs) at many POTWs indicate that chlorine and ammonia frequently
cause effluent toxicity. Additional studies also reveal frequent
adverse effects by these compounds within receiving waters. Therefore,
at POTWs that chlorinate their wastewaters without subsequent
dechlorination prior to discharge, chlorine may be present in
concentrations sufficient to cause toxicity in receiving waters.
Ammonia, which is common in nearly all sanitary sewage, is highly toxic
to aquatic life in its un-ionized form. The ratio of the relatively
toxic un-ionized ammonia form (NH3) compared with the considerably
less toxic ionized ammonium form (NH4+) is dependent on pH
and temperature.
Chlorine and ammonia are listed in many State water quality
standards, and ``The Quality Criteria for Water 1986'' (EPA 440/5-86-
001, also known as the ``Gold Book'') lists criteria for both
pollutants. Chlorine and ammonia can react to form chloramines, which
can be toxic, and are more persistent in the aquatic environment than
elemental chlorine. In estuaries or ocean water, bromamines can also
form. Analytical methods recommended for the quantification of total
residual chlorine (TRC) also indicate the presence of chloramines and
bromamines. If a disinfectant other than chlorine is used, the
permitting authority has the discretion to require additional data for
that disinfectant. If alternative disinfection technologies are used,
the applicant must submit a description of the alternate process.
Depending on the type of treatment provided, different sampling
regimes may be appropriately required. For example, POTWs that do not
use chlorination for disinfection, and do not otherwise use chlorine in
their treatment processes, perhaps should not be required to sample for
chlorine. The Agency solicits comment on whether to waive chlorine data
from such POTWs.
EPA criteria for nitrate, nitrite, and phosphorus are published in
The Gold Book. Because these parameters are prevalent in most POTW
effluents and because of their impacts on receiving waters, EPA is
proposing to require all applicants to test for them. Nitrogen and
phosphorus are often limiting nutrients in marine and fresh water
systems, respectively. Excessive loadings of nitrogen (discharged as
ammonia (including ammonium), nitrate, nitrite, and organic nitrogen)
and phosphorus (discharged as phosphate) can stimulate algae growth,
interfering with shoreline aesthetics and recreational uses. In
addition, decaying algae can reduce dissolved oxygen concentrations,
thus impairing the aquatic environment. At concentrations not typically
encountered in surface waters, nitrate is toxic to fish.
Today, EPA proposes monitoring and reporting requirements for total
nitrate plus nitrite, Kjeldahl nitrogen, and total phosphate. EPA is
proposing to request the reporting of nitrate plus nitrite, combined
rather than separately, because the chemical equilibrium between the
two forms can change rapidly when chemical conditions in effluents and
receiving waters differ. Such differences can cause concentration
ratios between these two nitrogen oxide forms to change rapidly shortly
after effluents enter receiving waters. Thus, separately knowing the
effluent concentrations of nitrate and nitrite often bears little
significance to their likely concentrations shortly after discharge
into receiving waters. Kjeldahl nitrogen concentrations (a measure of
organic nitrogen concentrations) are requested to allow permit writers
to evaluate the total concentration and total mass of nitrogen
discharged, determined by summing concentrations of discharged ammonia,
nitrate plus nitrite, and Kjeldahl nitrogen, when all are reported in
equivalent nitrogen concentrations (NH3-N and
NO2+NO3-N). Phosphate is to be reported in equivalent
phosphorus concentrations (PO4-P). Concentrations of elemental
phosphorus in most effluents occur at less than potentially toxic
levels; consequently, no reporting requirements are proposed for
elemental phosphorus.
The Gold Book also provides criteria values on concentrations of
oil and grease. Concentrations of oil and grease sufficient to create a
sheen on the receiving water not only affect aesthetic qualities of
these waters, but may also reduce the re-aeration rate of the receiving
waters, potentially contributing to dissolved oxygen sag problems. Oil
and grease may also indicate the presence of other high-molecular-
weight organic pollutants of concern, because they are often discharged
with or act as a sink for such pollutants. Finally, oil and grease
interfere with POTW operations. Therefore, today's proposal includes
monitoring and reporting requirements regarding concentrations of oil
and grease.
Standard Form A currently requires applicants to test for most of
the parameters discussed above. Today EPA is proposing to delete
reporting requirements for the following parameters, which are
currently included on the list for which sampling is required on
Standard Form A:
Chemical Oxygen Demand
Fecal Streptococci
Settleable matter
Total Coliform Bacteria
Total Organic Carbon
Total Solids
EPA is proposing to delete chemical oxygen demand (COD) and total
organic carbon (TOC) because biochemical oxygen demand (BOD5 or
CBOD5) is generally more relevant to municipal treatment systems.
EPA is proposing to delete settleable matter and total solids because
there is considerable overlap between these parameters and total
suspended solids and total dissolved solids. The Agency believes that
the two selected parameters provide sufficient information to permit
writers. Finally, the Agency proposes to drop reporting requirements
for fecal streptococci and total coliform bacteria because the Agency
believes that the selected pathogens (E. coli, enterococci, and fecal
coliform) are better indicators for risk. The Agency requests comments
on its proposal to delete the above Standard Form A parameters from the
proposed application requirements.
In addition to the parameters discussed above, Standard Form A
requires that POTWs indicate the presence of (but not provide
quantitative data for) certain pollutants, if known. Such pollutants
include metals, as well as other toxic and non-conventional pollutants.
The Agency is proposing to require that some POTWs sample and report on
certain toxic (priority) pollutants, as described in the discussion,
``Reporting of Additional Pollutants for Some POTWs'' (at III.B.3.b).
The Agency is proposing, however, not to include POTW reporting
requirements for the following pollutants listed on Standard Form A:
[[Page 62563]]
Bromide
Chloride
Fluoride
Sulfide
Aluminum
Barium
Boron
Cobalt
Iron
Manganese
Titanium
Tin
Algicides
Chlorinated Organic Compounds
Pesticides
Surfactants
Radioactivity
A number of these parameters (including bromide, chloride, boron,
cobalt, iron, manganese, titanium, and tin) are proposed for deletion
because they are relatively less toxic than priority pollutants for
which the Agency is proposing to require testing (see, ``Reporting of
Additional Pollutants for Some POTWs'' (at III.B.3.b)); and the levels
of these pollutants in most municipal discharges are low. EPA is
proposing to delete algicides, pesticides, and chlorinated organic
compounds because the Agency does not believe it is relevant to ask for
information about these contaminants at this level of generality.
EPA considered, but does not include as part of today's proposal,
requirements that all applicants test and report on sulfide and sulfate
concentrations in effluents. Sulfide is of concern because the
anaerobic decomposition of sewage and other naturally deposited organic
material is a major source of hydrogen sulfide. EPA considered
proposing monitoring requirements for sulfate because high sulfate
concentrations, which are caused by sewer corrosion, are converted
anaerobically to hydrogen sulfide. Hydrogen sulfide is toxic to aquatic
life; it also biologically reoxidizes on sewer walls that are exposed
to air, forming sulfuric acid that corrodes the concrete of the sewer
channels. It was considered that, based on this monitoring information,
the permit writer could set permit limits for sulfide and sulfate or to
require appropriate best management practices. These monitoring
requirements, however, were not included as part of today's proposed
requirements because of the view that sulfide is rapidly converted to
sulfate in aerobic waters, which rapidly dissipates its toxic risk. In
most instances, maintaining monitoring requirements and permit limits
for dissolved oxygen to maintain attainable uses of receiving waters
will adequately safeguard receiving waters from toxic risks due to
sulfide or sulfate potentially contained in effluents. Regarding
corrosivity within the sewer system, the Agency believes that, in
general, the POTW is in a better position than the permit writer to
address such concerns. Special considerations may lead to the
requirement that some applicants submit analytical results for these
chemicals, as determined on case-by-case basis. EPA invites comment on
these conclusions.
The Agency also considered testing for surfactants, but is not
proposing to require such testing as part of this rule because: most
POTWs do not discharge surfactants at toxic levels; the Agency has not
developed water quality criteria for surfactants; and sources are
difficult to control. In cases where surfactants in municipal
wastestreams occur at toxic levels, the Agency believes that whole
effluent toxicity (WET) testing should reveal any toxicity arising from
surfactants. EPA invites comment on this approach.
The Agency also considered including monitoring requirements for
three additional nonconventional pollutants: aluminum, barium, and
fluoride; because of their regular appearance in analytical results
from the numerous pollutant scans reviewed during preparation of the
proposed rule and because published criteria exist for these three
conventional pollutants. But such requirements have not been included
on the proposed rule for the following reasons:
(1) Toxicity problems related to excess aluminum concentrations,
especially for aquatic organisms, occur primarily in acidic receiving
waters (most often in waters with pH less than 6.0) having low hardness
levels (i.e., concentrations of calcium less than 2.0 mg/l). The
majority of effluent water analyses reviewed did not contain sufficient
aluminum concentrations to likely impair beneficial uses of receiving
waters;
(2) Although barium regularly appeared in the pollutant scans of
effluents reviewed by EPA, the concentrations reported in all samples
remained below the 1.0 mg/l Gold Book criterion value for barium in
domestic water supplies; and
(3) According to the 1972 ``Blue Book'', potentially adverse
physiological effects due to excess fluoride concentrations increase
with increasing environmental temperatures. Consequently, recommended
criteria for fluoride range from 1.4 to 2.4 mg/l for average annual air
temperatures of 50 to 91 deg.F. Concentrations for the majority of
reported results from the many pollutant analyses reviewed by EPA
revealed that although fluoride was a regular constituent of effluents,
in the majority of the instances it occurred at concentrations less
than suggested Blue Book criteria.
At this time, based on information currently available to EPA,
concentrations of aluminum, barium, and fluoride in the majority of
effluents are generally less than those necessary to produce
significant risk for beneficial uses of receiving water. As such, EPA
concludes at this time that it is unwarranted to require all
dischargers to monitor for these chemicals as part of the municipal
application process. Individual permit writers can, nevertheless,
require analysis of any or all of these chemicals, wherever treatment
works or environmental considerations suggest that such requirements
are warranted. Further, EPA intends to continually review this
conclusion as more effluent monitoring results become available, and
continues to seek informed input from outside EPA on this decision.
b. Reporting of Additional Pollutants for Some POTWs
As discussed above, the Agency proposes to require all POTWs to
report information on pollutant parameters commonly associated with
POTW effluents. Proposed Sec. 122.21(j)(3) (see also, proposed Part A
in the Supplemental Application Information part of Form 2A) requires
the reporting of additional parameters listed in proposed Appendix J,
Table 2, by those POTWs that the Agency believes are most likely to
discharge toxic pollutants to receiving waters. Toxic pollutants may
interfere with POTW performance or pass through the POTW to receiving
waters, thus potentially causing adverse water quality impacts.
Certain POTWs discharge toxic organic and inorganic pollutants
primarily as a result of contributions from non-domestic sources.
Section 122.21(j)(3)(iii) of today's proposal requires the applicant to
submit monitoring data for the pollutants listed in proposed Appendix
J, Table 2, if the POTW meets any one of the following criteria: (1)
The POTW has a design flow rate equal to or greater than 1.0 mgd; (2)
the POTW has a pretreatment program or is required to have one under 40
CFR Part 403; or (3) the POTW is otherwise required to submit this data
by the permitting authority.
POTWs with a design flow equal to or greater than 1.0 mgd are
designated as ``major'' POTWs by the Agency. EPA estimates that roughly
25 percent of the approximately 16,000 POTWs nationwide have design
flows of at least
[[Page 62564]]
1.0 mgd. The Agency has found that major POTWs have a high potential to
discharge toxic pollutants because of the strong likelihood that they
receive industrial wastewaters and because of the large number of
substances entering the treatment works from various sources.
Therefore, the Agency believes that it is necessary to collect toxic
pollutant data from these POTWs.
EPA also proposes to require data on toxic pollutants from POTWs
that are required to develop pretreatment programs under 40 CFR Part
403. A POTW is required to develop a pretreatment program if it
receives discharges from significant industrial users that may
interfere with the POTW or pass through the treatment works.
Approximately ten percent (approximately 1,500) of all POTWs have or
are required to develop pretreatment programs. Most POTWs with
pretreatment programs are also major POTWs, and so this criterion only
slightly expands the requirements of this provision.
In addition to POTWs with design flows greater than or equal to 1.0
mgd and POTWs with pretreatment programs, EPA is proposing to allow the
permitting authority to require any other POTW to submit monitoring
data for some or all of the pollutants listed in proposed Appendix J,
Table 2. The Agency would recommend that the permitting authority
require an applicant to perform a complete or partial pollutant scan if
toxicity is known or suspected in a POTW's effluent. Alternatively, if
the facility's effluent causes adverse water quality effects, or if the
POTW discharges to an impaired receiving water, the permit writer could
require the applicant to provide analytical results from a complete
pollutant scan.
The permit writer could also require the applicant to test for
these parameters depending on the number or kinds of industrial users.
EPA is proposing to grant the permit writer such discretion because
smaller POTWs that receive industrial contributions also have the
potential to discharge toxic pollutants. Although a POTW with a design
flow less than 1.0 mgd may not have as great a volume of toxic
pollutants entering its treatment system as a larger POTW, the impact
of its industrial users could easily be more pronounced due to other
considerations, such as smaller treatment capacity or an effluent-
dominated receiving stream. Testing for toxic pollutants would provide
the information needed to write a protective permit for such a POTW.
The Agency solicits comments on the above criteria for determining
which POTWs must test effluent for the pollutants in proposed Appendix
J, Table 2. The Agency also solicits comment on whether other POTWs
should be required to sample for some or all of these pollutants.
Alternatively, the Agency solicits comment as to whether other POTWs
should be required to provide any existing data on these pollutants.
Such data would be important information in conducting watershed
assessments.
The proposed approach for determining which POTWs must submit data
on toxic pollutants is not the only approach being considered by the
Agency. Among the alternatives being considered is one that would
expand upon the approach described above, and require toxics data from
two groups of non-pretreatment minors, each of which includes about
half of all minor POTWs. In this approach, POTWs with a population
between 1,000 and 10,000 (and not otherwise required to report as
described above) would be required to provide a single pollutant scan
for the Metals, Cyanide, and Total Phenols and the Volatile Organics
groups in proposed Appendix J, Table 2. POTWs with a population of less
than 1,000 (and not otherwise required to report as described above)
would be required to provide a single scan for certain metals (i.e.,
cadmium, chromium, copper, lead, nickel, zinc, silver, and mercury).
The Agency specifically solicits comment on this alternative approach.
Commenters are requested to address the suggested cutoff points for
different levels of reporting, the pollutants for which reporting is
suggested, and the number of samples that should be required.
EPA proposes that POTWs meeting the three criteria enumerated above
monitor for the pollutants in proposed Appendix J, Table 2, and any
other pollutants for which there are established State water quality
standards. Proposed Table 2 is a subset of the priority pollutants list
previously described. As discussed in the background discussion of this
preamble, these pollutants are regulated under the CWA and have been
identified by Congress and/or EPA as potential threats to human health
or aquatic life. Proposed Table 2 also includes total phenols, a
parameter commonly used as an indicator pollutant for certain priority
pollutants. Also as discussed, EPA and most States have developed
numeric criteria and standards for most of these pollutants.
Proposed Appendix J, Table 2 represents pollutants that have been
identified in priority pollutant scans of effluent from POTWs. Permit
writers will be able to use data on these pollutants as a basis to
derive appropriate permit limits.
The Agency is proposing to not require pollutant data for certain
priority pollutants (i.e., dioxin, asbestos, and priority pollutant
pesticides). Available information on the occurrence of asbestos,
dioxin, and priority pollutant pesticides reveals that these pollutants
rarely occur at detectable levels in POTW effluents. Absent information
to the contrary, the Agency does not consider asbestos to be a
pollutant of concern in municipal wastewater effluents. Dioxin, while
nearly ubiquitous, is present in such minute amounts in those
industrial outfalls where it is known to be present in relatively high
concentrations, that the Agency does not believe that, in general, it
is appropriate to require POTWs to monitor for the pollutant at the
POTW outfall, due to the high level of dilution in municipal
wastestreams. Permitting authorities may wish to require such
monitoring on a case-by-case basis if there is reason to believe that
dioxin may be present in measurable amounts. To the extent that
priority pollutant pesticides, including, for example, DDT and PCBs,
appear in municipal wastestreams, the Agency believes that their
presence is due, for the most part, to background concentrations,
rather than to new introductions by discharges to the POTW. Where these
pesticides result in toxicity problems or where other conditions merit,
the Agency believes that permitting authorities should require sampling
for them on a case-by-case basis. In the alternative, the Agency is
considering adding pesticides to the list of required pollutants in
proposed Appendix J, Table 2. The Agency solicits comment on whether
routine monitoring and screening should be required for pesticides from
all POTWs meeting the criteria of proposed Sec. 122.21(j)(3)(iii) or
whether the proposed approach is the appropriate one.
EPA also solicits comment on alternative ways to collect
information in permit application about pollutants that occur in low
levels, such as dioxin, or that otherwise present water quality
concerns even in highly dilute effluent. As discussed previously, the
proposal would require information about significant industrial users
from certain POTWs so the permit writer should have sufficient
knowledge about the potential for pass through of such pollutants. The
Agency is interested in commenters' views on the adequacy of SIU
identification for the purposes of developing adequate POTW permit
limitations. Proposed Sec. 122.21(j)(3)
[[Page 62565]]
would also require that POTWs meeting the above criteria monitor for
pollutants not listed in proposed Appendix J, Table 2, for which the
State or EPA have established State water quality standards (see
discussion in Background section of this preamble). A number of States
have established water quality standards for pollutants not listed as
CWA sec. 307(a) priority pollutants. For the reasons stated in the
above paragraph, the Agency believes that it is appropriate to require
sampling for these pollutants, as well.
In addition, EPA considered, but is not proposing, requiring
applicants to monitor for other pollutants, such as those on the ``Gold
Book'' list of Federal Water Quality criteria, those regulated under
the Safe Drinking Water Act, or those on data bases such as the Toxics
Release Inventory System (TRIS), the Aquatic Toxicity Information
Retrieval data base (AQUIRE), and the Integrated Risk Information
System (IRIS). The Agency determined that adding these other pollutants
to the list of pollutants proposed would impose additional monitoring
and reporting requirements on the applicant, at substantial additional
cost, but without significant benefit. Additionally, not all pollutants
on these lists have been assigned numeric criteria. Moreover, available
information reviewed by EPA does not indicate that these chemicals
occur with either sufficient frequency or at high enough concentrations
in typical POTW effluents to support their inclusion among pollutants
for which monitoring is proposed to be uniformly required.
Under today's proposal, in proposed 122.21(j)(3)(v), permit writers
would have the option to require monitoring and reporting for any other
potentially toxic chemicals for which the authority has a reasonable
basis to suspect that such materials may be contained in POTW
effluents. Such basis could include the presence of industrial users
known to release chemicals not included among the pollutants for which
routine analyses are otherwise required. EPA invites comments on all
aspects of this proposal that would allow for case-by-case information
requests that might otherwise extend the time involved in streamlined
permit issuance procedures.
In addition, EPA solicits comment on whether to require applicants
to summarize and report, as part of the application process, analytical
results for any toxic pollutant determined during the three-year period
preceding the application to be a known or likely constituent of the
facility's discharge. That is, when an applicant has reason to know or
suspect the presence of other toxic constituents in their effluents,
its reporting requirements would not necessarily be limited either to
the general list of toxic pollutants provided by proposed Appendix J,
Tables 1 and 2, or to specific monitoring requirements placed on the
applicant by the permitting authority. EPA considers results from toxic
release inventory (TRI) as providing one likely basis for information
that could cause applicants to initiate additional effluent monitoring
analyses during the application process.
Finally, the Agency is interested in providing flexibility where
POTWs can demonstrate that the risk of occurrence of pollutants in the
discharge is sufficiently small. The Agency seeks comment on whether
POTWs could be exempted from providing information on specific
pollutants where there are statistically valid data to allow the
permitting authority to predict the absence of particular pollutants.
In addition, EPA solicits comments on the appropriateness of exempting
POTWs from providing information about certain contaminants which are
detectable in only a small fraction of POTWs (e.g., less commonly
occurring metals such as antimony) and which would not be expected to
occur based on other data about the POTW or the indirect discharge.
Other approaches to collecting pollutant data were considered for
proposal. EPA solicits comment on each of these, as follows:
A. Types of Industrial Contributors
This approach would have required monitoring for specific
pollutants, depending on the identity of industrial users discharging
to the POTW. Although this approach was supported by a number of
commenters in the course of our outreach efforts, it appeared to be too
difficult to implement for non-pretreatment POTWs. Non-pretreatment
POTWs are not required to do user inventories of, for example, all
categorical industries, and thus would probably be unaware of what
monitoring data to provide. On the other hand, pretreatment POTWs would
be required to provide entire priority pollutant scans if they had only
2-3 different types of industries. The Agency solicits comment on how,
specifically, such an approach would work and how it would benefit
applicants and provide permit writers with appropriate information.
B. TRI as a Basis for Determining Additional Pollutants for Sampling
It was suggested that we use TRI data to determine what additional
pollutants for which to require sampling. Although industrial user TRI
reports are not currently provided to POTWs by TRI-reporting
industries, such reporting could be required, for example, through the
pretreatment program. Of course, permit writers may always request TRI
data from EPA. At issue is whether the applicant should be required to
provide additional monitoring data for pollutants reported through TRI.
The Agency solicits comment as to whether this approach might be
feasible and whether it would provide useful information to the permit
writer that is not otherwise available.
C. Existing Pollutant Data from SIUs
In order to obtain information on pollutants that occur in POTW
discharges in low concentrations, permit writers could make use of
information provided to POTWs by SIUs during the term of the existing
permit. The Agency solicits comment on this approach, and is
particularly interested in whether such information could be provided
in lieu of requiring end-of-pipe effluent data for certain pollutants
(e.g., dioxin, pesticides, or other organic chemicals received
principally from industrial sources).
D. Ambient Data
Another issue considered was whether or not to require POTWs to
provide the results of ambient monitoring as part of the permit
application. Although some have suggested that this information would
be helpful for implementation of the watershed approach, States were
generally opposed to requiring POTWs to collect ambient data. The view
was expressed that it is the permitting authority's responsibility to
collect this information, and not the POTW's responsibility to provide
it. Nevertheless, the Agency is interested in soliciting comment as to
whether such data should be required.
E. Bioaccumulation Data
Although analytical methods to assess bioaccumulation in the
aquatic biota are available, they are costly compared to approved test
methods for pollutants in effluent. Since WET tests are an indirect
indicator for human health risks, the Agency is not proposing to
require bioaccumulation data from POTWs. However, such data are
directly relevant to human health risk considerations. Therefore, the
Agency solicits comment on whether to require bioaccumulation data.
Because of cost considerations, the Agency also solicits comment as to
what tradeoffs, in terms of other types of reporting, might make such
an approach acceptable.
[[Page 62566]]
4. Effluent Monitoring For Whole Effluent Toxicity
As discussed in the background section, the July 24, 1990,
amendments to the General Pretreatment Regulations require that certain
POTWs provide the results of whole effluent biological toxicity testing
as part of their NPDES permit application (40 CFR 122.21(j) (1)-(3)).
Such testing was required to have been conducted since the last NPDES
permit reissuance or permit modification, under 40 CFR 122.62(a),
whichever occurred later.
In today's proposed rule, EPA proposes to revise this provision.
Proposed Sec. 122.21(j)(4) sets forth these revised requirements.
First, all POTWs are required to identify any biological tests the
applicant believes to have been conducted within three years of the
date of application.
Second, as in the existing regulation, the following POTWs would be
required to conduct and provide the results of whole effluent
biological toxicity (WET) tests:
(A) All POTWs with design influent equal to or greater than one
million gallons per day;
(B) All POTWs with approved pretreatment programs or POTWs required
to develop a pretreatment program;
(C) Other POTWs, as required by the Director, based upon
consideration of the following factors:
(1) The variability of the pollutants or pollutant parameters in
the POTW effluent (based on chemical-specific information, the type of
treatment facility, and types of industrial contributors);
(2) The dilution of the effluent in the receiving water (ratio of
effluent flow to receiving stream flow);
(3) Existing controls on point or non-point sources, including
total maximum daily load calculations for the water body segment and
the relative contribution of the POTW;
(4) Receiving stream characteristics, including possible or known
water quality impairment, and whether the POTW discharges to a coastal
water, one of the Great Lakes, or a water designated as an outstanding
natural resource; or
(5) Other considerations (including but not limited to the history
of toxic impact and compliance problems at the POTW), which the
Director determines could cause or contribute to adverse water quality
impacts.
The Agency specifically solicits comment on whether the requirement
to conduct WET testing should be extended to other POTWs. The Agency is
considering several options, including:
(1) requiring all minor POTWs not covered under the above criteria
to submit the results of a minimum of one WET test, so as to allow the
permitting authority to scan for minor POTWs that may have toxicity
problems; and
(2) where a State has identified a watershed as a priority
watershed, requiring one or more WET tests for all POTWs discharging to
the watershed.
Third, the Agency proposes to require WET tests for each outfall
from the treatment works (not including CSOs), with exceptions for
identical outfalls similar to those proposed for pollutant specific
data, as discussed above. Proposed Sec. 122.21(j)(4) would require that
data be separately provided for each outfall through which treated
sanitary effluent is discharged to waters of the United States. EPA
proposes to allow the applicant, where the POTW has two or more
outfalls with substantially identical effluents discharging to the same
receiving stream, and with the approval of the permitting authority on
a case-by-case basis, to provide the results of WET testing from only
one outfall as representative of all such outfalls. For outfalls to be
considered substantially identical, they should at a minimum be located
at the same treatment plant, be subject to the same level of treatment
and have passed through the same types of treatment processes. The
Agency solicits comment on this approach and, particularly, on whether
WET test data should be separately collected from all such outfalls.
The existing WET testing requirements do not specify the number or
frequency of tests required, the number of species to be used, or
whether to provide the results of acute or chronic toxicity tests.
Proposed Sec. 122.21(j)(4) sets minimum reporting requirements of four
quarterly tests for a year, using multiple species (no less than two
species, e.g., fish, invertebrate, plant), and testing for acute or
chronic toxicity, depending on the range of receiving water dilution.
This proposal is based in part on Agency guidance, and in part on
Agency experience in the implementation of that guidance.
In March 1991, EPA issued guidance establishing Agency policy for
WET testing protocols (see ``Technical Support Document for Water
Quality-Based Toxics Control (1991),'' or ``TSD''). In that document,
the Agency recommended ``as a minimum that three species (for example,
a vertebrate, an invertebrate, and a plant) be tested quarterly for a
minimum of a year'' (see, TSD p. 58). In making this recommendation,
the Agency explained that the use of three species is more protective
than two species since a wider range of species sensitivity can be
measured. In practice, however, a number of permitting authorities are
only requiring the use of two species. Since existing requirements for
using three species are less common, the Agency proposes to require the
use of ``multiple species.'' The Agency proposes this as a minimum
requirement, and does not intend it as a change in the policy
recommendations outlined in the TSD.
In setting a minimum frequency of quarterly testing for a year, the
Agency indicated that this was recommended to adequately assess the
variability of toxicity observed in effluents, as follows:
Below this minimum, the chances of missing toxic events
increase. The toxicity test result for the most sensitive of the
tested species is considered to be the measured toxicity for a
particular effluent sample.
The data generation recommendations * * * represent minimum
testing requirements. Since uncertainty regarding whether or not an
effluent causes toxic impact is reduced with more data, EPA
recommends that this test frequency be increased where necessary to
adequately assess effluent variability. If less frequent testing is
required in the permit, it is preferable to use three species tested
less frequently than to test the effluent more frequently with only
a single species whose sensitivity to the effluent is not well
characterized. (TSD, p. 59)
It is the Agency's understanding that many permitting authorities
currently require quarterly testing. While other permitting authorities
require less frequent monitoring, at least from some facilities, in
many instances such information is being collected on a yearly basis.
This proposal would only require one cycle of quarterly testing within
three years of the date of the permit application (i.e., only once in
five years). The Agency solicits comment on whether this is an
appropriate frequency, and specifically whether permitting authorities
should be allowed to waive quarterly testing on a case-by-case basis.
Commenters should indicate what specific criteria would have to be met
for such a waiver.
The current whole effluent toxicity testing requirements, at
Sec. 122.21(j), do not specify whether applicants should test for acute
or chronic toxicity. An acute toxicity test is defined as a test of 96-
hours or less in duration in which lethality (of the test organism) is
the measured endpoint. A chronic toxicity test is defined as a long-
term test in which sublethal effects, such as fertilization, growth,
and reproduction, are usually measured, in addition to lethality. (TSD,
p.4.)
[[Page 62567]]
The Agency proposes that testing for acute or chronic toxicity be
based upon the ratio of receiving water to effluent at the edge of the
mixing zone. The term ``mixing zone'' refers to an area around an
outfall within which a State may allow ambient concentrations above
water quality criteria levels. States may have two or more mixing zones
(e.g., an acute mixing zone, beyond which acute criteria must be met,
and a chronic mixing zone, beyond which chronic criteria must be met).
Not all States allow calculation of effluent limitations using mixing
zones, and mixing zones are not universally allowed by States that do
allow use of mixing zones. For purposes of determining whether acute or
chronic toxicity testing is appropriate, the ratio of receiving water
to effluent should be considered at the point nearest to the outfall
where water quality criteria are required to be met. This proposal
incorporates the recommendations of the 1991 TSD, which stated that
applicants should conduct acute or chronic testing based upon the
following dilutions:
(A) Acute toxicity testing if the dilution of the effluent is
greater than 1000:1 at the edge of the mixing zone;
(B) Acute or chronic toxicity testing if the dilution of the
effluent is between 100:1 and 1000:1 at the edge of the mixing zone.
Acute testing may be more appropriate at the higher end of this range
(1000:1), and chronic testing may be more appropriate at the lower end
of this range (100:1); and
(C) Chronic testing if the dilution of the effluent is less than
100:1 at the edge of the mixing zone. (See TSD, pp. 58-59.) In order to
determine the proper dilution ratio, measurement should be made at the
point where chronic criteria apply. Thus, where there is a chronic
mixing zone, the dilution ratio should be measured at the edge of the
chronic mixing zone. It may be inappropriate to use an acute test if
there is too little dilution.
Although the Agency is not proposing to require that applicants
follow these recommendations, the Agency believes that they are
reasonable, based on the discussion in the TSD. For example, with
regard to the use of chronic toxicity testing where the dilution ratio
falls below 100:1, the Agency stated, ``[t]he rationale for this
recommendation is that chronic toxicity has been observed in some
effluents down to the 1.0 percent effect concentration. Therefore,
chronic toxicity tests, although somewhat more expensive to conduct,
should be used directly in order to make decisions about toxic
impact.'' (TSD, p. 59.) The Agency solicits comment as to whether these
recommendations should instead be added as requirements in the final
rule.
The whole effluent toxicity testing requirements that currently
exist, at Sec. 122.21(j), do not specify which information must be
reported as a result of such testing. To clarify reporting requirements
for the applicant and the permit writer, EPA today proposes specific
reporting requirements in Sec. 122.21(j)(4). First, applicants required
to perform WET tests under the proposed rule are required to indicate
the number of tests performed since permit reissuance and since any
modification of the permit pursuant to 40 CFR 122.62(a). It is up to
the permitting authority to determine whether previously submitted
results provide the equivalent of the information proposed to be
required. Proposed Sec. 122.21(j)(4)(v) sets forth in detail the
information that the Agency believes will provide the permit writer
with adequate information to determine whether the test was conducted
in accordance with EPA methods and protocols and whether the reported
results are otherwise valid. The Agency solicits comment on whether the
information requested is the proper information to require or whether
other information should be required, including for purposes of quality
assurance. As in the current regulatory requirements, in conducting the
testing, applicants must use EPA-approved methods. The Agency solicits
comment on this approach.
Where biomonitoring data have been submitted to the permitting
authority within three years of the permit application, applicants
would be required to provide the dates on which such data were
submitted and a summary of the results of each such test. Where any WET
test conducted within three years prior to the permit application
reveals toxicity, proposed Sec. 122.21(j)(4)(vi) would require that
applicants, at a minimum, provide any information they may have on the
cause of toxicity. Further, applicants would be required to provide
written details of any toxicity reduction evaluation conducted.
Toxicity reduction evaluations (TREs) are used to investigate the
causes and sources of toxicity and identify the effectiveness of
corrective actions to reduce it. The purpose of a TRE is to help bring
dischargers into compliance with water quality-based whole effluent
toxicity requirements where monitoring indicates unacceptable effluent
toxicity. The permitting authority may require a permittee to conduct a
TRE in those cases where the discharger is unable to adequately explain
and immediately correct non-compliance with a whole effluent toxicity
permit limit or requirement. TREs may be required of permittees under
existing permits or through a variety of other legally binding
mechanisms. Since the results from TREs may have considerable impact in
the evaluation of municipal permit applications, this kind of
information would need to be available to the permit writer. It is
recommended that applicants conducting a TRE at the time of permit
application would provide a brief summary of the status and results
from the ongoing TRE.
The Agency solicits comment on all of the above proposed revisions
to the existing WET test requirements.
5. Industrial Discharges, Pretreatment, and RCRA/CERCLA Waste
Today's proposed rule would require applicants to provide
information on industrial (non-domestic) discharges to the POTW,
particularly discharges from significant industrial users (SIUs). This
information is to be required by proposed Sec. 122.21(j)(5).
Proposed Sec. 122.21(j)(5)(i) would require the applicant to list
the total number of significant industrial users (SIUs) and categorical
industrial users discharging to the POTW, to estimate the average daily
flow from these users and from all industrial (non-domestic) users, and
to estimate the percent of total influent contributed by each class of
users. This information provides the permit writer with a means of
determining the relative impact, individually and collectively, of
industrial contributions to the POTW.
As defined in 40 CFR 403.3, the term ``industrial user'' means ``a
source of indirect discharge,'' which in turn is defined as the
introduction of pollutants into a POTW from any non-domestic source
regulated under sec. 307(b), (c), or (d) of the CWA. In general, this
term encompasses industrial and commercial sources of toxic pollutants
discharging to POTWs. Commercial entities such as hospitals, nursing
homes, restaurants, offices, and stores may be included.
A categorical industrial user is any discharger subject to
categorical pretreatment standards under 40 CFR 403.6 and 40 CFR
Chapter I, Subchapter N. ``Significant industrial user'' is defined at
40 CFR 403.3(t) as any categorical industrial user and any other
industrial user that:
(1) discharges an average of 25,000 gallons per day or more of
process wastewater to the POTW (excluding sanitary, non-contact cooling
and boiler blowdown wastewater);
(2) contributes a process wastestream which makes up 5 percent or
more of
[[Page 62568]]
the average dry weather hydraulic or organic capacity of the POTW; or
(3) is designated as such by the control authority (40 CFR
403.12(a)) because of a reasonable potential to adversely affect the
POTW's operation or violate pretreatment requirements.
Proposed Sec. 122.21(j)(5)(ii) would require POTWs with approved
pretreatment programs to describe any substantial modifications to the
POTW's pretreatment program that have not yet been approved in
accordance with 40 CFR 403.18. EPA is considering revising the
pretreatment regulations to streamline approved program requirements.
Such revisions may make the need for this information unnecessary.
Proposed Sec. 122.21(j)(5)(iii) would require information on
individual significant industrial users (SIUs) discharging to POTWs.
This provision is similar to questions currently found on Standard Form
A. The Agency desires to incorporate into the final rule provisions
that reduce duplication of effort. One possible way is to allow the
applicant to reference substantially similar information about SIUs
previously submitted to the permitting authority rather than to
resubmit the information. The Agency solicits comments on using this
approach in the final rule and suggestions of other possible options.
EPA is also considering whether to waive, either entirely or on a case-
by-case basis, such reporting for any POTW with an approved
pretreatment program under 40 CFR Part 403 that submits an annual
report within the year preceding its application to the extent that the
annual report contains information equivalent to that required in
proposed Section M. The Agency solicits comment on this question.
The proposed provision requires POTWs to provide the following
information for each SIU: Name and mailing address, description of the
industrial processes affecting the discharge, principal products and
raw materials, average daily volume of process and non-process
wastewater discharged, and whether the SIU is subject to local limits
or categorical pretreatment standards. The description of each SIU's
industrial activity and its principal products and raw materials alerts
the permit writer to the potential presence of pollutants in the
discharge in concentrations that may be of concern to the POTW, and can
be useful in establishing permit limits. Information on the average
daily volume of process wastewater discharged helps the permit writer
to estimate pollutant loads to the POTW. Knowing the volume of non-
process wastewater discharged will alert both the permit writer and the
POTW to the possibility of hydraulic overload to the system, and will
help the POTW minimize such occurrences.
Currently, Standard Form A requires the applicant to identify the
quantities of product manufactured and raw materials used by each SIU.
The Agency is not proposing to require this information in today's
proposal because neither the amount of production nor the amount of raw
materials used necessarily correlates directly to the toxicity of the
waste stream. For example, the SIU might use all of the raw material
and release little into the waste stream. The Agency is instead
requesting a narrative description of products and raw materials
involved in the industrial activity.
Standard Form A also requires the applicant to characterize each
SIU's industrial discharge. Although this information may be necessary
to establish permit limits at some POTWs, this question appears to be
unnecessary. In many cases, the permit writer is able to determine
parameters of concern from the principal products and raw materials for
that industrial user. In other cases the permit writer may request this
information on a case-by-case basis.
The proposed provision would also require the applicant to describe
any problems at the POTW attributable to wastewater discharged by SIUs.
Identification of such problems is necessary to set permit limits for
pollutants that the POTW might not adequately remove, and should lead
to other strategies for control of toxic pollutants, such as: more
stringent local limits or other pretreatment requirements; best
management practices, if the toxic pollutants appear to be from diffuse
sources; or toxicity reduction evaluations (TREs), if toxicity testing
shows that the effluent causes an excursion above water quality
standards in the receiving stream. Instances of pass through and
interference identified in this step will alert the permit writer to
violations of the POTW's NPDES permit.
6. Discharges From Hazardous Waste Sources
Proposed Sec. 122.21(j)(6) would require applicants to provide
general information concerning discharges of RCRA hazardous wastes to
POTWs and discharges from hazardous waste cleanup or remediation sites.
The purpose of this information is to alert the permit writer to
potential concerns regarding the constituents of such discharges.
Proposed Sec. 122.21(j)(5)(i) would require the applicant to
provide information about any hazardous wastes, as defined under
Subtitle C of the Resource Conservation and Recovery Act (RCRA), or
authorized State law, that are delivered to the facility by truck,
rail, or dedicated pipe. This requirement does not apply to RCRA
hazardous wastes discharged to a sewer system that mix with domestic
sewage before reaching the POTW, because the Domestic Sewage Exclusion
(sec. 1004(27) of RCRA) provides that solid or dissolved material in
domestic sewage is not solid waste as defined in RCRA, and therefore is
not a hazardous waste.
If the POTW receives RCRA hazardous waste by truck, rail, or
dedicated pipe, the applicant must list, for each waste received, the
hazardous waste number, quantity, and method by which it is received.
The permit writer would use this information to coordinate appropriate
RCRA requirements including, where appropriate, additional permit terms
to address such requirements. In addition, this information will enable
permitting authorities to identify potential impacts in the POTW's
discharge.
In order to establish appropriate permit requirements, the permit
writer also needs to be aware of wastewaters discharged to the POTW
that originate from remedial activities conducted under the
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), the RCRA corrective action program, or other authorities.
POTWs are sometimes used for the disposal of wastewaters generated
during remediation of CERCLA (Superfund) sites or during RCRA
corrective action activities at industrial facilities. Paragraphs (ii)-
(iv), in proposed Sec. 122.21(j)(6), would require the applicant to
identify wastewaters from remedial activities known or expected to be
received during the life of the permit, the origin of such wastes and
the treatment, if known, that such wastes receive prior to entering the
POTW. This information is intended to help the permit writer decide
whether to establish additional monitoring or permit requirements for
the effluent and sewage sludge.
7. Combined Sewer Overflows
In developing permit requirements to meet BAT/BCT using BPJ and to
meet applicable water quality standards for CSO discharges, the permit
writer requires certain information. To ensure that the permit writer
has the necessary
[[Page 62569]]
information, EPA proposes to require information that reflects the
Agency's 1994 CSO Control Policy (see discussion in background
section). This paragraph is intended to complement, and not overlap,
other reporting that POTWs may be required to provide by the NPDES
authority in accordance with the CSO Control Policy.
Proposed Sec. 122.21(j)(7)(i) would require information about the
combined sewer system (CSS), including a system map and system diagram
that describe the relevant features of the system. Applicants are also
required to identify the number of CSO discharge points to be covered
by the permit application. Because municipalities with CSOs often have
more than one treatment plant, different POTW permits may include
different outfalls from their CSS.
Similarly, proposed Sec. 122.21(j)(7)(ii) would require that
applicants provide information on each outfall specifically covered by
the application. This includes some locational information similar to
that for outfalls of treated effluent in proposed Sec. 122.21(j)(2),
paragraphs (i) and (ii). As discussed previously, this sort of
locational data is consistent with Agency policy concerning the
reporting of such information. It also provides permitting authorities
with a means of locating dischargers within the U.S. Soil Conservation
Service watershed categorization system, a State's river basin
categorization system, and the U.S. Geological Survey cataloging
scheme.
This provision would also require information about any monitoring
conducted on the outfall by the applicant and any CSO incidents that
occurred in the year previous to the permit application. Finally,
proposed Sec. 122.21(j)(7)(ii)(E) would require the permittee to
identify any significant industrial users (see discussion on
pretreatment and industrial user information) that contribute to the
CSO and to describe any known water quality impacts, such as beach or
shellfish bed closings and fish kills. The Agency considers this to be
a minimal amount of information to be provided to the permit writer,
inasmuch as the permit writer must have adequate information to
specifically authorize discharges at each of the identified outfalls.
8. Contractors
Proposed Sec. 122.21(j)(8) would require the applicant to identify
all contractors responsible for any operation or maintenance aspects of
the POTW and to specify such contractors' responsibilities. This
information enables the permit writer to determine who has primary
responsibility for the operation and maintenance of the POTW, and thus
determine whether a contractor should be included on the permit as a
co-permittee.
9. Certification
Proposed Sec. 122.21(j)(9) would require the signature of a
certifying official in compliance with 40 CFR 122.22, which requires
the signature of a certifying official on all NPDES applications. The
certification would apply to all attachments identified on the
application form, as well as any others included by the applicant.
10. Revision to Pretreatment Program Requirements
Existing Sec. 122.21(j)(iv) requires applicants with a pretreatment
program to provide a technical evaluation of the need to revise local
limits, under 40 CFR 403.5(c)(1). Since 1990, when that requirement was
promulgated, the Agency has received numerous requests to change the
provision to make it effective after the date of permit issuance. The
concern has been raised that a POTW most needs to review its local
limits after permit reissuance, when new permit limits are in place,
rather than prior to permit reissuance.
The Agency agrees with these comments and proposes to make this
change. In order to be clear, the provision has been reworded and is
proposed to be moved to 40 CFR 403.8(f)(4), with the existing POTW
pretreatment program requirements. The Agency solicits comment on this
approach.
C. Application Requirements for TWTDS (40 CFR 122.21(q))
Under Sec. 122.21(d)(3)(ii), POTWs and other treatment works
treating domestic sewage (TWTDS) are currently required to submit the
sewage sludge information listed at Sec. 501.15(a)(2) with their permit
applications. Today EPA proposes regulatory language at Sec. 122.21(q)
to update the information that must be reported. Proposed revised
Sec. 501.15(a)(2) would reference the requirements of proposed
Sec. 122.21(q). EPA also proposes a new form, Form 2S, for collection
of this information. Section (q) would require all TWTDS, except
``sludge-only'' facilities, to report information regarding sewage
sludge generation, treatment, use, and disposal. The permitting
authority may also require a ``sludge-only'' facility to submit a
permit application containing this information. These proposed new
requirements are intended to clarify existing sewage sludge application
requirements, as necessary to implement the Agency's Part 503 standards
for sewage sludge use or disposal.
As with the proposed POTW application requirements, the Agency does
not wish to require redundant reporting by TWTDS. Thus, the Agency is
proposing to allow a waiver for information required to be reported
under Sec. 122.21(q) similar to that proposed for Sec. 122.21(j). This
would allow the Director to waive any requirements in proposed
paragraph (q) if the Director has access to substantially identical
information. The Agency solicits comment on this approach and the
proposed conditions for allowing such a waiver.
Also as with the proposed POTW application requirements, the Agency
also solicits comment on ways to allow the permit writer or permitting
authority discretion in waiving particular information where the
permitting authority determines that such information is not necessary
for the application. In other words, there may be flexible ways to look
at each applicant in light of the overall ``matrix of characteristics''
regarding a particular facility. Where, for example, historical data
indicate that additional sampling is not warranted unless other
conditions have changed, the Agency is considering waiving such
sampling. Such flexibility would involve a holistic approach to
implementing these proposed requirements, and the Agency solicits
comment as to ways in which it could be accomplished without making
these provisions entirely discretionary, so that one could predict the
exercise of discretion. This might be particularly relevant on the
second and subsequent rounds of permitting under these proposed
provisions. The Agency also seeks comment on what information might be
appropriate and what information might be inappropriate for such
waivers.
1. Facility Information
Proposed Sec. 122.21(q)(1) would require summary information on the
identity, size, location, and status of the facility. Proposed
paragraph (ii) would request that the facility location be described by
latitude and longitude to the nearest second. This information meets
the specifications of EPA's Locational Data Policy and supports the
Watershed Protection Approach, by providing permit writers and other
Federal and State environmental managers with a means of geographically
locating potential sources of polluted runoff. EPA believes that this
change would
[[Page 62570]]
merely clarify, without expanding, an existing reporting requirement.
2. Applicant Information
Proposed Sec. 122.21(q)(2) would require information concerning the
identity of the applicant and its status as a Federal, State, private,
public, or other entity.
3. Permit Information
Proposed Sec. 122.21(q)(3) restates the Sec. 501.15(a)(2)(v)
requirement that the applicant list the facility's NPDES permit number
and any other permit numbers or construction approvals received or
applied for under various authorities.
4. Federal Indian Reservations
Proposed Sec. 122.21(q)(4) clarifies existing
Sec. 501.15(a)(2)(iv), which asks only ``whether the facility is
located on Indian Lands.'' A sewage sludge use or disposal permit,
however, may cover activities occurring beyond the boundaries of the
``facility.'' Therefore, the proposed paragraph asks whether any
generation, treatment, storage, land application, or disposal of sewage
sludge occurs on a Federal Indian Reservation. EPA believes that this
information will better enable the permit writer to identify the proper
permitting authority and applicable requirements.
5. Topographic Map
Proposed Sec. 122.21(q)(5) would require the applicant to submit
the following information on a topographic map (or maps) depicting the
area one mile beyond the property boundaries of the TWTDS: All sewage
sludge management facilities, all water bodies, and all wells used for
drinking water listed in public records or otherwise known to the
applicant within 1/4 mile of the property boundaries. This proposed
requirement is different from the existing topographic map requirement
at Sec. 501.15(a)(2)(vi) in that the proposed requirement asks for
information on use and disposal sites rather than just disposal sites.
EPA believes that it is just as important to get information on land
application sites as on disposal sites. Neither the existing nor the
proposed requirements request a map for sites that extend more than a
mile beyond the TWTDS's property boundary. The permitting authority
could request maps of all use or disposal sites if they believe that
this information is necessary to develop adequate permits. EPA requests
comments on whether maps should be required for all use or disposal
sites, or whether this requirement should be modified in some other
way.
6. Sewage Sludge Handling
Proposed Sec. 122.21(q)(6) would require the applicant to prepare a
flow diagram, and/or a narrative description that identifies all sewage
sludge management practices (including on-site storage) to be employed
during the life of the permit. EPA believes that this information is
necessary because the applicant may employ sewage sludge management
practices not covered under the more specific questions proposed in
today's rule. To draft a complete permit, the permit writer must be
aware of all sewage sludge storage, use, or disposal practices that may
have an adverse affect on public health and the environment. EPA
requests comments on whether more specific information about on-site
and off-site storage of sewage sludge should be required of permit
applicants.
7. Sewage Sludge Quality
Currently, Sec. 501.15(a)(2)(vii) requires applicants to report
``any sludge monitoring data the applicant may have.'' However, this
requirement neither identifies the parameters that must be reported nor
provides a mechanism for reporting this information. Proposed Form 2S
and Sec. 122.21(q)(7) would address this need by requiring monitoring
data for specific parameters in sewage sludge that is used or disposed.
Proposed paragraph (i) of Sec. 122.21(q)(7) would require all Class
I sludge management facilities to submit the results of at least one
toxicity characteristic leaching procedure (TCLP) conducted during the
last five years to determine whether the sewage sludge is a hazardous
waste. The TCLP is described in 40 CFR Part 261, Appendix II, and is a
method for determining whether a solid waste exhibits the
characteristic of toxicity, in accordance with 40 CFR 261.24. 40 CFR
Part 503 does not establish requirements for the use or disposal of
sewage sludge determined to be hazardous under the procedures in
Appendix II of 40 CFR Part 261 and Sec. 261.24. Hazardous sewage sludge
must be used or disposed of in accordance with the hazardous waste
regulations in 40 CFR Parts 261-268, or authorized State law. Using the
results of the hazardous waste test, the permitting authority will
determine which requirements apply to the use or disposal of the
applicant's sewage sludge. EPA requests comments on whether facilities
should be allowed to use a method other than a TCLP to show that their
sewage sludge is non-hazardous and whether non-Class I sludge
management facilities should be required to perform a TCLP.
Proposed paragraph (ii) of Sec. 122.21(q)(7) would require all
applicants to submit data on individual pollutants in the sewage
sludge. Existing data could be submitted if it were two years old or
less. EPA is proposing a two-tier approach for collection of pollutant
data that is based on whether the treatment works has an industrial
wastewater pretreatment program.
Under the two-tier approach, Class I sludge management facilities
would submit sewage sludge data for the pollutants listed in proposed
40 CFR Part 122, Appendix J, Table 2 (``Effluent and Sewage Sludge
Parameters for Selected POTWs and Treatment Works Treating Domestic
Sewage'') and Table 3 (``Other Effluent and Sewage Sludge Parameters
for Treatment Works Treating Domestic Sewage and Selected POTWs'') and
for other selected pollutants, as part of the application for a permit
for the use or disposal of sewage sludge. Other TWTDS would be required
to submit data for the pollutants regulated in Part 503 and for other
selected pollutants.
a. Class I sludge management facilities. A Class I sludge
management facility is any POTW required to have an approved
pretreatment program under 40 CFR 403.8(a) and any TWTDS classified as
a Class I sludge management facility because of the potential for the
TWTDS's sewage sludge use or disposal practice to affect public health
and the environment adversely. Under today's proposal a Class I sludge
management facility would submit sewage sludge concentration data for
all the priority pollutants, except asbestos, as listed in Tables 2 and
3 of Appendix J; for the Part 503 pollutants; and for total kjeldahl
nitrogen (TKN), ammonia, nitrate, and phosphorus (total).
EPA is proposing to require Class I sludge management facilities to
submit data on the priority pollutants because they are known to have
adverse effects on human health and the environment and are of concern
to the general public. Since sewage sludge from Class I sludge
management facilities has an industrial component, it is important to
reassure the public that this sewage sludge will not cause harm if it
is used or disposed according to Part 503. A pollutant scan every five
years should help promote the beneficial use of sewage sludge by
demonstrating its quality. If any pollutants that are not regulated by
Part 503 show up in the scan, the results would enable the permitting
authority to determine whether additional permit
[[Page 62571]]
conditions (i.e., in addition to the requirements in Part 503) are
necessary to protect public health and the environment.
Many Class I sludge management facilities are already required by
their pretreatment program to monitor their sewage sludge for these
pollutants. In addition, many State sewage sludge programs require
monitoring for some or all of these pollutants. EPA seeks comments on
this approach.
Section 405(d) of the CWA contemplates a phased approach to
establishing numerical limits for pollutants in sewage sludge that is
used or disposed. Moreover, sec. 405(d)(2)(D) of the CWA provides that
``[f]rom time to time, but not less often than every 2 years, the
Administrator shall review the regulation * * * for the purpose of
identifying additional pollutants and promulgating regulations for such
pollutants * * *.''
The Standards for the Use or Disposal of Sewage Sludge that were
published on February 19, 1993, constitute Round One of EPA's sewage
sludge standards program. The Agency has identified a tentative list of
pollutants for which limits will be established in a Round Two
regulation (i.e., an amendment to the Round One regulation) and has
announced a tentative schedule for the publication of that amendment.
Pollutants on the tentative list for the Round Two regulation
include acetic acid (2,4,-dichlorophenoxy), aluminum, antimony*,
asbestos, barium, beryllium*, boron, butanone (2-), carbon disulfide,
cresol (p-), cyanide (soluble salts and complexes)*, dioxin/
dibenzofuran (all monochloro to octochloro congeners), endsulfan-II,
fluoride, manganese, methylene chloride*, nitrate*, nitrite*,
pentachloronitrobenzene, phenol*, phthalate (bis-2-ethylhexyl)*,
polychlorinated biphenyls (co-planar), propanone (2-), silver*,
thallium*, tin, titanium, toluene*, trichlorophenoxyacetic acid (2,4,5-
), trichlorophenoxypropionic acid ([2-(2,4,5-)], and vanadium. EPA has
indicated that it retains the discretion either to add to or delete
pollutants from the above list of pollutants.
The Agency is considering adding the above pollutants to the list
of pollutants for which data have to be submitted by Class I sludge
management facilities with a permit application. Eleven of the above
pollutants are included in Tables 2 or 3 of proposed Appendix J or are
nutrients (see pollutants marked with an asterisk). Therefore, this
approach would require that Class I sludge management facilities submit
data for 20 additional pollutants. The Agency requests comments on this
proposal.
b. All TWTDS. Part 503 contains pollutant limits for ten inorganic
pollutants for sewage sludge that is land applied (subpart B), three
inorganic pollutants for sewage sludge placed on an unlined surface
disposal site (subpart C), and five inorganic pollutants for sewage
sludge fired in a sewage sludge incinerator (subpart E). There are no
pollutant limits in Part 503 for sewage sludge placed on a lined
surface disposal site or for sewage sludge placed in a municipal solid
waste landfill unit.
The pollutants for which limits are included in Part 503 are
arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel,
selenium, and zinc. Part 503 also contains an operational standard for
pathogens (i.e., fecal coliform, Salmonella sp. bacteria, enteric
viruses, and viable helminth ova) and for total hydrocarbons (THC). The
operational standards for pathogens are values that can not be exceeded
in sewage sludge and the operational standard for THC is a value that
can not be exceeded in the air emissions for a sewage sludge
incinerator stack.
With today's rulemaking, EPA proposes that applicants for a sewage
sludge use or disposal permit submit sewage sludge concentration data
for all of the Part 503 inorganic pollutants. The permitting authority
needs to determine whether a TWTDS can change its use or disposal
practice if the need arises. Data for all of the Part 503 pollutants
will help the permitting authority make that determination.
The Agency is aware that many TWTDS employ only one sewage sludge
use or disposal practice, and that such treatment works may object to
submitting data for pollutants that are not regulated for that
practice. Nevertheless, EPA believes that the additional information
burden to collect and submit data for all of the Part 503 pollutants is
offset by the value of the data to the permitting authority. The Agency
solicits comments on whether an applicant should be required to submit
data only for the pollutants regulated for the TWTDS's use or disposal
practice.
As indicated previously, EPA also proposes that all applicants
submit sewage sludge data for TKN, ammonia, nitrate-nitrogen, and total
phosphorus with a permit application. In addition, the percent solids
of the sewage sludge that is used or disposed of would have to be
reported. Percent solids is required to ensure that all sewage sludge
data can be converted to dry weight values.
Information on the nitrogen and phosphorus content of sewage sludge
is needed for several reasons. One important use of the nitrogen data
is to help the permit writer to evaluate the design of the agronomic
rate for a land application site. Part 503 requires that sewage sludge
be land applied at a rate that is equal to or less than the agronomic
rate for the application site. The Agency also can use the data on
nutrients in sewage sludge in future considerations as to whether to
establish limits for nitrogen and phosphorus in sewage sludge.
The Agency is also considering adding certain pathogens to the list
of pollutants for which data would be required with an application.
These include Salmonella sp. bacteria, enteric viruses, and viable
helminth ova. Part 503 contains density levels for these microorganisms
that cannot be exceeded in sewage sludge that is used or disposed. In
addition to pathogens, the Agency is also considering requesting data
for fecal coliform, which is used in Part 503 as a pathogen indicator.
The permitting authority would use these data to determine whether the
sewage sludge meets the Class A or Class B pathogen requirements in
Part 503. Pathogen data only would have to be submitted by persons who
land apply or place sewage sludge in a surface disposal site. EPA is
seeking comments on this issue as part of today's proposal.
Results of current efforts within the Agency may require that
limits be established prior to the Round Two sewage sludge regulation,
for dioxin/dibenzofuran and co-planar polychlorinated biphenyls (PCBs)
in sewage sludge that is used or disposed. Dioxin/dibenzofuran is a
carcinogen that is highly toxic in low concentrations. Because the
chemical structure of co-planar PCBs is similar to the chemical
structure of dioxin/ dibenzofuran, they are expected to have similar
human health effects (i.e., toxic in low concentrations). Data for
these two pollutants could be used to develop Part 503 limits for these
pollutants or to evaluate the Part 503 limits. For this reason, the
Agency is considering requesting all TWTDS to submit data for these
pollutants with a sewage sludge permit application. EPA seeks comments
on whether TWTDS who are not Class I sludge management facilities
should be required to submit data on these two pollutants.
8. Requirements for a Person Who Prepares Sewage Sludge
Proposed Sec. 122.21(q)(8) identifies permit application
information that a person who prepares sewage sludge for
[[Page 62572]]
use or disposal would be required to submit. A ``person who prepares,''
as defined at 40 CFR 503.9(r), is ``either the person who generates
sewage sludge during the treatment of domestic sewage in a treatment
works or the person who derives a material from sewage sludge.'' This
section would thus pertain to any POTW or other treatment works that
generates sewage sludge. It also would include facilities (such as
composting operations) that receive sewage sludge from another facility
and then derive a material from that sewage sludge.
Paragraphs (i) and (ii) of proposed Sec. 122.21(q)(8) would request
information on the amount of sewage sludge ``prepared'' at the
facility. This includes the amount generated (paragraph (i)) plus any
other amount that is received from off-site (paragraph (ii)). These
paragraphs are intended to clarify the existing requirement at
Sec. 501.15(a)(2)(x), which tells the applicant to report annual sludge
production volume. Paragraph (ii) would also solicit information on
sewage sludge treatment practices at any off-site facility from which
sewage sludge is received. The off-site facility providing the sewage
sludge is, by definition, also a ``person who prepares,'' and,
therefore, would also be subject to sludge permitting requirements. EPA
believes that information on the delivering facility enables the permit
writer to assess the quality of sewage sludge received by the
applicant. It also fosters more appropriate allocation of permit
requirements between the applicant's facility and an off-site ``person
who prepares.''
As in the case of the Municipal Application regulations, the Agency
desires to incorporate into the final rule provisions that reduce
duplication of effort. One possible way is to allow the applicant to
reference substantially similar information previously submitted to a
permitting authority rather than resubmit the information. The Agency
solicits comments on using this approach in the final rule and
suggestions of other possible options.
Before sewage sludge is applied to the land or placed on an active
sewage sludge unit, it must meet the requirements for pathogen
reduction in Sec. 503.32 and for vector attraction reduction in
Sec. 503.33. Therefore, paragraph (iii) of proposed Sec. 122.21(q)(8)
would request information on sewage sludge treatment processes at the
applicant's facility, including pathogen or vector attraction reduction
processes. The permit writer needs to know whether pathogen and vector
attraction reduction requirements are met at the applicant's facility
and thus should be addressed in the applicant's permit. If these
requirements are not met by the applicant, pathogen and vector
attraction reduction must be met by a subsequent ``person who
prepares'' or the owner/operator of a surface disposal site.
``Exceptional quality'' (EQ) sewage sludge must meet the ceiling
concentrations in 40 CFR 503.13(b)(1), the pollutant concentrations in
Sec. 503.13(b)(3), the Class A pathogen requirements in Sec. 503.32(a),
and one of the vector attraction reduction requirements in Sec. 503.33
(b)(1) through (b)(8). Because of its high quality, ``EQ'' sewage
sludge is not subject to the general requirements of Sec. 503.12 or the
management practices of Sec. 503.14. Therefore, fewer permitting and
permit application requirements pertain to facilities generating such
sewage sludge. Proposed paragraph (iv) of Sec. 122.21(q)(8) would ask
for the amount of sewage sludge that is applied to the land. EPA
believes that this information is all that is needed to develop sewage
sludge conditions for such a facility. Under paragraph (iv), the
applicant would not need to provide the other, more-detailed,
information in proposed Sec. 122.21(q)(8) paragraphs (v) and (vi) for
sewage sludge meeting ``EQ'' criteria.
The existing requirement at Sec. 501.15(a)(2)(viii) asks for the
``name of any distributors when the sludge will be disposed of through
distribution and marketing.'' This requires the names of any facilities
that sell or give away ``EQ'' sewage sludge. EPA believes that ``EQ''
sewage sludge should be treated similarly to other fertilizers. Thus,
the Agency believes that the names of distributors should not be
required and is proposing to delete the requirement at
Sec. 501.15(a)(2)(viii). The Agency seeks comments on this approach.
Paragraph (v) of proposed Sec. 122.21(q)(8) would seek information
on sewage sludge that is not ``EQ,'' but is nevertheless placed in a
bag or other container for sale or give-away for application to the
land. Under Part 503, such sewage sludge must meet the Class A pathogen
requirements in Sec. 503.32(a) and one of the vector attraction
reduction requirements in Sec. 503.33(b)(1) through (8). In addition,
the sewage sludge must meet either the pollutant concentrations in
Table 3 of Sec. 503.13 or the annual pollutant loading rates (APLRs) in
Table 4 of Sec. 503.13. If this sewage sludge meets the Table 3
pollutant concentrations, it is ``EQ'' sewage sludge and thus would be
subject to proposed paragraph (iv). Proposed paragraph (v) would only
apply to sewage sludge subject to the Table 4 APLRs that is placed in a
bag or other container for application to the land. EPA proposes to
require that the applicant employing this type of sewage sludge use
provide the volume of sewage sludge placed in bags or other containers
and a copy of all labels or notices that accompany the product being
sold or given away.
Paragraph (vi) of proposed Sec. 122.21(q)(8) would seek information
about any other ``person who prepares'' who receives sewage sludge from
the applicant's facility. This information helps the permit writer to
identify which permit requirements should apply to the applicant and
whether the subsequent preparer needs to obtain a permit. Paragraphs
(C) and (E) of proposed paragraph (vi) would provide the permit writer
with necessary information on the quality of the sewage sludge that is
ultimately land applied. This information also enables the permit
writer to identify activities of the subsequent ``person who prepares''
that may subject the applicant to additional regulation or permit
requirements. Therefore, these requirements would ensure that the
sewage sludge will meet all applicable Part 503 requirements at the
time of land application, regardless of the number of parties involved.
One possible way to obtain this information is to allow the applicant
to reference substantially similar information previously submitted to
a permitting authority rather than resubmit the information. The Agency
solicits comments on using this approach in the final rule and
suggestions of other possible options.
9. Land Application of Bulk Sewage Sludge
Proposed Sec. 122.21(q)(9) would request information on sewage
sludge that is land applied in bulk form. This section would apply only
where the applicant's permit must contain all applicable Part 503
requirements for land application. This section would not apply if the
applicant generates ``EQ'' sewage sludge subject to proposed
Sec. 122.21(q)(8)(iv), or if the applicant places sewage sludge in a
bag or other container for sale or give-away for application to the
land subject to proposed Sec. 122.21(q)(8)(v). In neither of these
cases is it necessary to control the ultimate land application through
a permit and thus the applicant would not need to provide this
information as part of the application. The section also would not
apply if the applicant provides sewage sludge to another ``person who
prepares'' subject to proposed Sec. 122.21(q)(8)(vi). In this case, the
ultimate land application would be
[[Page 62573]]
controlled by the subsequent ``person who prepares.''
Paragraph (i) of proposed Sec. 122.21(q)(9) would clarify the
existing requirement at Sec. 501.15(a)(2)(x) which tells the applicant
to report annual sludge production volume. Paragraph (ii) asks how the
applicant will satisfy the Sec. 503.12(i) notification requirement for
land application sites in a State other than the State where the sewage
sludge is prepared.
Paragraph (A) of proposed Sec. 122.21(q)(9)(iii) would ask the
applicant to identify the land application site. This question would
request locational information which supports the Watershed Protection
Approach, by providing permit writers and other Federal and State
environmental managers with a means of geographically locating
potential sources of polluted runoff.
Paragraphs (B) and (C) of proposed Sec. 122.21(q)(9)(iii) would ask
the applicant to identify the land application site owner and applier,
if different than the applicant. EPA believes that this information is
necessary in order to ensure that the permit is issued to the correct
party. These proposed paragraphs would clarify and expand on existing
requirements at Sec. 501.15(a)(2)(viii).
One of the land application management practices in Sec. 503.14
mandates that bulk sewage sludge shall not be applied to land at
greater than the agronomic rate. Therefore, paragraphs (D) and (E) of
proposed Sec. 122.21(q)(9)(iii) would ask the applicant to identify the
type of land application site, the type of vegetation grown on that
site, if known at the time of permit application, and the vegetation's
nitrogen requirement. This information enables the permit writer to
calculate an appropriate permit management practice regarding agronomic
rate. EPA recognizes that different crops may be grown on a site during
the life of a permit. If the crop for a site is not known or likely to
change, the applicant should submit whatever information is available.
Paragraph (F) of proposed Sec. 122.21(q)(9)(iii) would request
information on vector attraction reduction measures undertaken at the
land application site. Before sewage sludge is applied to the land, it
must meet the requirements for vector attraction reduction in
Sec. 503.33. These measures may be undertaken either by the ``person
who prepares'' sewage sludge or by the operator of the land application
site.
Paragraph (G) of proposed Sec. 122.21(q)(9)(iii) would ask the
applicant to submit any existing ground-water monitoring data for the
land application site. Section 503.14(d) states that bulk sewage sludge
may not be applied to land at greater than the agronomic rate. Section
503.11(b)(2) explains that ``agronomic rate'' is the whole sludge
application rate that minimizes the amount of nitrogen that passes
below the root zone and into the ground water. EPA believes that
permitting authorities need to review existing ground-water monitoring
data for land application sites in order to ensure that sewage sludge
application rates are appropriately protective of ground water.
Section 501.15(a)(2)(ix) asks for information necessary to
determine if the site is appropriate for land application and a
description of how the site will be managed. This requirement could be
interpreted in different ways. Today's rule attempts to clearly specify
the site management requirements in proposed paragraphs (D)-(G) of
proposed Sec. 122.21(q)(9)(iii). The permitting authority could request
other site management information if it is needed to identify
appropriate permit conditions.
Proposed Sec. 122.21(q)(9)(iv) would request information that the
permitting authority needs in order to verify whether the
Sec. 503.12(e)(2)(i) requirement for appliers of bulk sewage sludge
subject to cumulative pollutant loading rates (CPLRs) has been met. A
cumulative pollutant loading rate, as defined in Sec. 503.11(f) is
``the maximum amount of an inorganic pollutant that can be applied to
an area of land.'' This information enables EPA to ensure that the
CPLRs are not exceeded when more than one facility is sending sewage
sludge subject to CPLRs to the same site.
Proposed Sec. 122.21(q)(9)(v) restates the requirement in existing
Sec. 501.15(a)(2)(ix) for information on land application sites not
identified at the time of permit application.
10. Surface Disposal
Proposed Sec. 122.21(q)(10) requests information on sewage sludge
that is placed on a surface disposal site. By definition, a sewage
sludge surface disposal site is a TWTDS. Many surface disposal site
owner/operators, however, would not have to complete this section, but
would instead submit the limited background information required by
Sec. 122.21(c)(2)(iii). The applicant would be required to provide the
information requested by proposed Sec. 122.21(q)(10) only if the
surface disposal site were already covered by an NPDES permit; if the
owner/operator were requesting site-specific pollutant limits; or if
the permitting authority were requiring a full application.
Paragraph (i) of proposed Sec. 122.21(q)(10) would clarify the
existing requirement at Sec. 501.15(a)(2)(x) which tells the applicant
to report annual sludge production volume. Paragraph (ii) of proposed
Sec. 122.21(q)(10) would require that the applicant provide the name or
number, address, telephone number, and amount of sewage sludge placed
on each surface disposal site that the applicant does not own or
operate. This paragraph would clarify and expand on existing
requirements at Sec. 501.15(a)(2)(viii). EPA believes that this
information is necessary in order to ensure that the permit is issued
to the correct party.
Paragraph (iii) of proposed Sec. 122.21(q)(10) would request
detailed information on each active sewage sludge unit at each surface
disposal site that the applicant owns or operates. A ``sewage sludge
unit'' is defined in Sec. 503.21(n) as ``land on which only sewage
sludge is placed for final disposal.'' A ``surface disposal site'' is
``an area of land that contains one or more sewage sludge units.''
Information on each active sewage sludge unit is necessary because Part
503 provides for different pollutant limits, monitoring requirements,
and management practices for each unit. This information enables the
permitting authority to establish proper permit conditions.
Paragraph (I) of Sec. 122.21(q)(10)(iii) would request information
on sewage sludge sent to the active sewage sludge unit by any facility
other than the applicant's. This information helps the permit writer to
determine which requirements apply to the surface disposal site owner/
operator and which apply to the facility which sends sewage sludge to
the surface disposal site. As previously mentioned, one way to reduce
duplicate reporting, is to allow the applicant to reference
substantially similar information already submitted to a permitting
authority. The Agency solicits comments on using this approach in the
final rule and suggestions for other options.
Paragraph (J) of proposed Sec. 122.21(q)(10)(iii) would request
information on vector attraction reduction measures undertaken at the
active sewage sludge unit. Before sewage sludge is placed on an active
sewage sludge unit, it must meet the requirements for vector attraction
reduction in Sec. 503.33. Since vector attraction reduction measures
may be performed either by the facility preparing sewage sludge or by
the surface disposal site owner/operator, EPA believes that both should
be
[[Page 62574]]
required to supply information on their practices.
Section 503.24(n)(2) requires surface disposal sites to demonstrate
by way of a ground-water monitoring program or certification that
sludge placed on an active sewage sludge unit does not contaminate the
underlying aquifer. In order to ensure that this requirement is
implemented, paragraph (K) of proposed Sec. 122.21(q)(10)(iii) would
request information on ground-water monitoring programs or
certifications. Because many communities rely on ground water as a
source of drinking water, EPA believes that this information is
necessary to protect public health and the environment.
After August 18, 1993, only surface disposal sites showing good
cause may apply for site-specific pollutant limits. Paragraph (L) of
proposed Sec. 122.21(q)(10)(iii) would request the information
necessary for the permit writer to determine whether such site-specific
limits are warranted. This information would include a demonstration
that the values for site parameters at the applicant's site differ from
those used to develop the surface disposal pollutant limits in Part
503.
11. Incineration
Proposed Sec. 122.21(q)(11) would request information on sewage
sludge that is fired in a sewage sludge incinerator. According to
Sec. 503.41(k), a sewage sludge incinerator is ``an enclosed device in
which only sewage sludge and auxiliary fuel are fired.'' A sewage
sludge incinerator is a TWTDS and is required to submit a full permit
application.
Paragraph (i) of proposed Sec. 122.21(q)(11) would clarify the
existing requirement at Sec. 501.15(a)(2)(x) which tells the applicant
to report annual sludge production volume. Paragraph (ii) of proposed
Sec. 122.21(q)(11) would require that the applicant provide the name or
identifying number, address, telephone number, and amount of sewage
sludge fired in each sewage sludge incinerator that the applicant does
not own or operate. This paragraph would clarify existing requirements
at Sec. 501.15(a)(2)(viii). EPA believes that this information is
necessary in order to ensure that the permit is issued to the correct
party.
Paragraph (iii) of proposed Sec. 122.21(q)(11) would request
detailed information on each sewage sludge incinerator that the
applicant owns or operates. Paragraph (B) of proposed paragraph (iii)
would request the total amount of sewage sludge fired annually in each
incinerator. This information is necessary because the monitoring
requirements for sewage sludge incinerators are based on the total
amount fired.
Paragraphs (C) and (D) of proposed Sec. 122.21(q)(11)(iii) would
request information on compliance with the beryllium and mercury
National Emissions Standards for Hazardous Air Pollutants (NESHAPs).
Section 503.43 paragraphs (a) and (b) require compliance with these
standards through a cross-reference to 40 CFR Part 61 subparts C and E.
If the incinerator is required to perform stack testing, these
paragraphs would require the applicant to submit a report of that
testing.
Under Sec. 503.43, the pollutant limits applicable to each sewage
sludge incinerator are calculated based on factors unique to each
incinerator. Paragraphs (E), (F), and (G) of proposed
Sec. 122.21(q)(11)(iii) would require each applicant to submit these
factors for their incinerator(s). Calculating pollutant limits on an
individual basis allows the actual performance of each incinerator and
actual site conditions, such as topography, to be taken into account.
EPA believes that this is more appropriate than mandating national
pollutant limitations for sewage sludge incinerators.
In the development of Part 503, EPA determined that it would be
infeasible to establish individual limits for each hydrocarbon in
sewage sludge incinerator exit gas. Instead, the Agency adopted a 100
ppm total hydrocarbon (THC) limit and required continuous THC
monitoring to show compliance. Part 503 was amended, on February 25,
1994 (59 FR 9095), to allow sewage sludge incinerators whose exit gas
does not exceed 100 ppm carbon monoxide (CO) to show compliance with
the THC operational standard by monitoring CO instead of THC.
Paragraphs (H), (I), and (J) of proposed Sec. 122.21(q)(11)(iii) would
request the incinerator information necessary to establish the correct
hydrocarbon monitoring requirements.
Many of the incinerator's site-specific factors that are used to
calculate pollutant limits and compliance with the operational standard
are highly dependent on the temperature at which the incinerator is
operated and the rate at which sewage sludge is fed into the
incinerator. For most incinerators, these parameters are determined
during an initial performance test. In order to appropriately calculate
pollutant limits and ensure appropriate pollutant limits and that the
incinerator is operated within the parameters of the original
performance test, EPA needs to know the information in paragraphs (K)
through (O) of proposed Sec. 122.21(q)(11)(iii).
Paragraphs (P) and (Q) of proposed Sec. 122.21(q)(11)(iii) would
request information on the monitoring equipment and air pollution
control devices installed on the incinerator. Information on this
equipment is necessary to ensure that the facility complies with the
management practices at Sec. 503.45.
12. Disposal in a Municipal Solid Waste Landfill
Proposed Sec. 122.21(q)(12) would request information on sewage
sludge that is sent to a municipal solid waste landfill (MSWLF).
Section 503.4 states that sewage sludge sent to a MSWLF that complies
with the requirements in 40 CFR Part 258 constitutes compliance with
sec. 405(d) of the CWA. The questions in Sec. 122.21(q)(12) are
necessary to ensure the availability of accurate information about a
MSWLF and the sewage sludge that is sent there.
Paragraphs (i) and (ii) of proposed Sec. 122.21(q)(12) would
clarify existing requirements at Sec. 501.15(a)(2)(v), (viii), and (x)
that request information on other permits, the location of disposal
sites, and the annual sludge production volume. Paragraph (iii) would
request information on the sewage sludge quality to ensure that it is
acceptable for a MSWLF. Paragraph (iv) would request available
information on whether the MSWLF is in compliance with Part 258.
13. Contractors
Proposed Sec. 122.21(q)(13) would require the applicant to provide
contractor information. The applicant would be required to identify all
contractors responsible for any operation or maintenance aspects of the
TWTDS, and specify their responsibilities. The permitting authority
uses this information to determine who has primary responsibility for
the operation and maintenance of the TWTDS.
14. Other Information
Proposed Sec. 122.21(q)(14) would require the applicant to report
any information necessary to determine the appropriate standards for
permitting under 40 CFR Part 503, and any other information the
permitting authority may request and reasonably require to assess the
sewage sludge use and disposal practices, to determine whether to issue
a permit, or to identify appropriate permit requirements. This
paragraph restates the existing requirements in Sec. 501.15(a)(2)(xi)
and (xii).
[[Page 62575]]
15. Signature
Proposed Sec. 122.21(q)(15) would require that a certifying
official sign the form in compliance with 40 CFR 122.22. This would
ensure that the person signing the form has the authority to speak for
and legally bind the permittee.
IV. Paperwork Reduction Act
The information collection requirements in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An
Information Collection Request document has been prepared by EPA (ICR
No. 0226.13) and a copy may be obtained from Sandy Farmer, Information
Policy Branch; EPA; 401 M St., S.W. (Mail code 2136); Washington, DC
20460; or by calling (202) 260-2740.
This collection of information has an estimated reporting burden
averaging 10.7 hours per response, including annual recordkeeping
burden. These estimates include time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Send comments regarding the burden estimate or any other aspect of
this collection of information, including suggestions for reducing this
burden to Chief, Information Policy Branch; EPA; 401 M St., S.W. (Mail
Code 2136); Washington, DC 20460; and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, Washington, DC
20503, marked ``Attention: Desk Officer for EPA.'' The final rule will
respond to any OMB or public comments on the information collection
requirements contained in this proposal.
V. Executive Order 12866
Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.''
Pursuant to the terms of Executive Order 12866, it has been
determined that this rule is a ``significant regulatory action''
because it may adversely affect local governments by incrementally
increasing permit application costs. As such, this action was submitted
to OMB for review. Changes made in response to OMB suggestions or
recommendations will be documented in the public record.
VI. Executive Order 12875
Under Executive Order 12875 (58 FR 58093 (October 28, 1993)), no
executive agency shall promulgate any regulation that is not required
by statute and that creates a mandate upon a State, local, or tribal
government, unless:
(a) Funds to pay the direct costs associated with the regulation
are provided by the Federal Government, or
(b) The agency, prior to promulgation, provides OMB a description
of its consultation with representatives of the affected governments,
the nature of their concerns, any written communications submitted to
the agency by them, and the agency's position supporting the need for
the regulation. Each agency is also required to develop an effective
process to permit elected officials and other representatives of these
governments an opportunity to provide meaningful and timely input on
significant unfunded mandates.
As discussed above (``Public Consultation in the Development of
Today's Proposal,'' at I.H.), the Agency consulted with States, local
governments, and other parties in the development of this proposed
rule. This is further discussed in the discussion below (``Unfunded
Mandates Reform Act of 1995 and Consultation with State, Local, and
Tribal Governments,'' at VII).
VII. Unfunded Mandates Reform Act of 1995 and Consultation With State,
Local, and Tribal Governments
Title II of the Unfunded Mandates Reform Act of 1995 (``Unfunded
Mandates Act''), Public Law 104-4, establishes requirements for Federal
agencies to assess the effects of their regulatory actions on State,
local, and tribal governments and the private sector. Under section 202
of the Unfunded Mandates Act, EPA generally must prepare a written
statement, including a cost-benefit analysis, for rules with Federal
mandates that may result in expenditures to State, local, and tribal
governments in the aggregate, or to the private sector, of $100 million
or more in any one year. Before promulgating an EPA rule for which a
written statement is needed, section 205 of the Unfunded Mandates Act
generally requires EPA to identify and consider a reasonable number of
regulatory alternatives and adopt the least costly, most cost-effective
or least burdensome alternative that achieves the objectives of the
rule. The provisions of section 205 do not apply when they are
inconsistent with applicable law. Moreover, section 205 allows EPA to
adopt an alternative other than the least costly, most cost-effective
or least burdensome alternative if the Administrator publishes with the
final rule an explanation why that alternative was not adopted.
Under section 203 of the Unfunded Mandates Act, EPA must develop a
small government agency plan before it establishes regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments. The plan must provide for
notifying potentially affected small governments, enabling officials of
affected small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
EPA has determined that this rule does not include a Federal
mandate that may result in expenditures of $100 million or more to
either State, local and tribal governments in the aggregate, or to the
private sector in any year. To the extent enforceable duties arise as a
result of today's proposed rule on State, local and tribal governments,
such enforceable duties do not result in a significant regulatory
action being imposed upon State, local and tribal governments since the
estimated aggregate cost of compliance for them is not expected to
exceed $5.7 million annually. Thus, today's proposed rule is not
subject to the written statement requirement in section 202 of the Act.
In compliance with E.O. 12875, which requires the involvement of
State, local and tribal governments in the development of certain
Federal regulatory actions, EPA conducted a wide outreach effort and
actively sought the input of representatives of State, local, and
tribal governments in the process of developing the proposed rule.
Agency personnel have communicated with State and local representatives
in
[[Page 62576]]
a number of different forums. For example, EPA staff involved in
development of today's proposed rule invited comments on earlier drafts
of the proposed rulemaking, forms, and instructions from States and
local governments both directly and through organizations such as the
Association of Metropolitan Sewerage Agencies (AMSA), the Water
Environment Federation (WEF), and the California Association of
Sanitation Agencies (CASA). In response to these efforts, the Agency
was able to communicate directly, including through meetings and
telephone communications, with representatives of a number of
interested State and local representatives, including representatives
of more than twenty-five local governments. Cities represented in a
telephone conference arranged through WEF included Price (UT), Owosso
(MI), Saginaw (MI), Rockwood (MI), Grand Rapids (MI), Roseburg (OR),
Central Marin San. Dist. (CA), Little Rock (AR), Dallas (TX), Northeast
Ohio Regional Sewer Dist. (OH). Cities represented in a meeting with
AMSA representatives included Detroit (MI), Boise (ID), City of Los
Angeles (CA), Phoenix (AZ), Passaic Valley (NJ); Middleton (NJ),
Hampton Roads (VA), Orange County (CA), Anchorage (AK), and Alexandria
(VA). Other discussions were held individually with representatives of
local governments. The Agency received written comments from AMSA,
several cities, and a number of States. In the comments received from
States, a number of issues were raised concerning possible impacts on
local governments. EPA invited, but did not receive, written comments
from the Association of State and Interstate Water Pollution Control
Administrators (ASIWPCA) and the National League of Cities.
Once the proposed rule is finalized, the Agency intends to provide
information through a variety of sources, and to educate and advise
local governments concerning compliance with the proposed requirements.
In the Communication Plan prepared for this proposal, the Agency has
outlined which organizations EPA will contact directly concerning the
proposal. The same parties will also be contacted directly regarding
the final rulemaking. The communication plan is available in the record
supporting this proposal. The Agency seeks to assist, educate, and
advise applicants on how to comply with the permit application
requirements primarily through the instructions to the proposed forms,
and seeks comment as to how the instructions could be improved.
Additionally, the Agency intends to provide training for permit
writers, so that they can assist, educate, and advise applicants on an
as-needed basis when completing their applications.
VIII. Regulatory Flexibility Act
The Regulatory Flexibility Act (Pub. L. 96-354) requires Federal
agencies to consider the effect of proposed rules on small entities.
Agencies must consider alternatives to proposed rules that would
minimize the economic impact on small entities so long as these
alternatives are consistent with the stated objective of the statute
under which such rules are developed. However, the requirements of the
Regulatory Flexibility Act do not alter standards otherwise applicable
to agency action. For example, section 405 of the CWA requires EPA to
promulgate regulations that are adequate to protect public health or
the environment against reasonably anticipated adverse effects.
In developing these proposed regulations, EPA considered the
effects of the proposed regulations on small entities. The regulatory
flexibility analysis (RFA) conducted for this proposed rule meets the
requirements specified in the ``Guidelines for Implementing the
Regulatory Flexibility Act'' (U.S. EPA, Office of Regulatory Management
and Evaluation and Office of Policy, Planning, and Evaluation, April
1992).
Most of the applicants that would be required to complete the
municipal and sludge application forms, if finalized, are small
entities. For the purposes of the RFA, EPA employs the definition of
small government entities that was originally advanced in a related
rulemaking. See U.S. EPA, ``Regulatory Impact Analysis of the Part 503
Sewage Sludge Regulation,'' November 25, 1992, for a complete
discussion of the development of this definition. For the purposes of
this rule, the term ``small government entities'' is considered to mean
small POTWs. Small POTWs are defined as POTWs processing less than 1
million gallons per day (mgd) of wastewater. POTWs of this size
generally serve a population of 10,000 people or less. This definition
is consistent with the designation of major and minor POTWs under the
NPDES program.
The estimate of the number of small POTWs subject to both sets of
proposed application requirements is based on the number of minor
POTWs. Also, for the purposes of the RFA, the Agency conservatively
assumed that all ``sludge-only'' POTWs are small entities. Generally,
treatment facilities serving large populations (greater than 10,000)
generate effluent of sufficient volume that it must be discharged to
waters of the U.S., and thus require an NPDES permit. The Agency also
assumed for purposes of the RFA that all privately owned treatment
facilities are small entities. Overall, EPA estimates that nearly 70
percent of municipal applicants and 74 percent of sludge applicants are
small entities.
EPA considered a range of regulatory options for the proposed
forms. In this proposal, the Agency has developed a two-tier approach
for municipal applicants and a two-tier approach for sludge applicants.
Applicants are categorized according to size and whether or not they
are required to have a pretreatment program. Under each regulatory
option considered, less stringent standards are required for smaller
facilities that are less likely to pollute and have a lower capacity to
absorb large monitoring costs.
The costs of complying with the proposed application requirements
would consist entirely of paperwork and testing costs associated with
completing the forms and collecting the required information.
Therefore, the costs for these activities estimated in the ICR for this
proposed rule are used in the RFA. The five-year compliance cost
estimates for POTWs applying for NPDES permits (i.e., for both sets of
application requirements) range from $681 to $3,627 for small POTWs
under the four regulatory options under consideration for the municipal
permit application and the three regulatory options under consideration
for the sludge application requirements. The five-year compliance cost
estimates for the various options under this proposed rule range from
approximately $507 to $2,849 for small privately owned treatment works.
These costs would represent between 0.06 and 0.31 percent of the
average annual revenues of small POTWs and small privately owned
treatment works. As a percent of average household expenditures on
sewage treatment, these figures would range between 0.10 and 0.54
percent for small POTWs and small privately owned treatment works. The
five-year compliance costs for sludge-only facilities (i.e., paperwork
costs associated with the proposed sludge application requirements)
range from $375 to $2,809 under the three regulatory options under
consideration for small POTWs and from $299 to $2,849 for privately
owned treatment works. These costs would represent well below 0.5
percent of both the average annual revenues for small treatment works
(public and private) and of the
[[Page 62577]]
average annual household costs for sewage treatment. Thus, impacts on
small treatment facilities and their customers are not expected to be
severe.
List of Subjects
40 CFR Part 122
Environmental protection, Administrative practice and procedure,
Confidential business information, Reporting and recordkeeping
requirements, Sewage disposal, Waste treatment and disposal, Water
pollution control.
40 CFR Part 123
Confidential business information, Hazardous materials, Reporting
and recordkeeping requirements, Sewage disposal, Waste treatment and
disposal, Water pollution control, Penalties.
40 CFR Part 403
Confidential business information, Reporting and recordkeeping
requirements, Waste treatment and disposal, Water pollution control.
40 CFR Part 501
Confidential business information, Environmental protection,
Reporting and recordkeeping requirements, Publicly owned treatment
works, Sewage disposal, Waste treatment and disposal.
Dated: November 2, 1995.
Carol M. Browner,
Administrator.
For the reasons set forth in the preamble. EPA proposes to amend 40
CFR Chapter I as follows:
PART 122--EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM
* * * * *
1. The authority citation for part 122 continues to read as
follows:
Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
2. Section 122.2 is amended by revising the definition for
``Publicly owned treatment works (``POTW'') and adding a definition for
``TWTDS'' in alphabetical order to read as follows:
Sec. 122.2 Definitions.
* * * * *
Publicly owned treatment works (``POTW'') means a treatment works
as defined by section 212 of the CWA, which is owned by a ``State'' or
``municipality'' (as defined by section 502(4) of the CWA). This
definition includes any devices and systems used in the storage,
treatment, recycling and reclamation of municipal sewage or industrial
wastes of a liquid nature. It also includes sewers, pipes and other
conveyances only if they convey wastewater to a POTW Treatment Plant,
as defined in Sec. 403.3(p) of this chapter. The term also means the
municipality as defined in section 502(4) of the CWA, which has
jurisdiction over the Indirect Discharges, as defined in Sec. 403.3(g)
of this chapter, to and the discharges from such a treatment works.
* * * * *
TWTDS means treatment works treating domestic sewage.
* * * * *
3-6. Section 122.21 is amended by revising paragraph (c)(2)(i)
through (iii) introductory text, paragraph (d)(3), the introductory
text of paragraph (f), paragraph (j) and by adding paragraph (q) before
the notes to read as follows:
Sec. 122.21 Application for a permit (applicable to State programs,
see Sec. 123.25).
* * * * *
(c) * * *
(2) Permits under section 405(f) of CWA. (i) Any existing treatment
works treating domestic sewage (TWTDS) required to have site-specific
pollutant limits, or requesting such limits, as provided in 40 CFR Part
503, must submit the permit application information required by
paragraph (d)(3)(iii) of this section within 180 days after publication
of a standard applicable to its sewage sludge use or disposal
practice(s). After this 180-day period, TWTDS may only apply for site-
specific pollutant limits for good cause and such requests must be made
within 180 days of becoming aware that good cause exists.
(ii) Any TWTDS with a currently effective NPDES permit, not
addressed under paragraph (c)(2)(i) of this section, must submit the
application information required by paragraph (d)(3)(iii) of this
section at the time of its next NPDES permit renewal application. Such
information must be submitted in accordance with paragraph (d) of this
section.
(iii) Any other existing TWTDS not addressed under paragraphs
(c)(2)(i) or (ii) of this section must submit the information listed in
paragraphs (c)(2)(iii)(A) through (E) of this section, to the Director
within 1 year after publication of a standard applicable to its sewage
sludge use or disposal practice(s), using Form 2S or another form
approved by the Director. The Director shall determine when such TWTDS
must apply for a permit.
* * * * *
(d) * * *
(3)(i) All applicants for EPA-issued permits, other than POTWs, new
sources, and TWTDS, must complete Forms 1 and either 2B, 2C, or 2E of
the consolidated permit application forms to apply under Sec. 122.21
and paragraphs (f), (g), (h), and (i) of this section.
(ii) All POTWs must submit the application information required by
paragraph (j) of this section, within the time periods established in
paragraph (c)(2) of this section, using Form 2A or another form
approved by the Director. All POTWs applying for EPA-issued permits
must complete Form 2A.
(iii) All TWTDS, except ``sludge-only facilities'' subject to
paragraph (c)(2)(iii) of this section, must submit the application
information required by paragraph (q) of this section, within the time
periods established in paragraph (c)(2) of this section, using Form 2S
or another form approved by the Director. All such applicants applying
for EPA-issued permits must complete Form 2S.
* * * * *
(f) Information requirements. All applicants for NPDES permits,
other than POTWs and other TWTDS, shall provide the following
information to the Director, using the application form provided by the
Director (additional information required of applicants is set forth in
paragraphs (g) through (k) of this section).
* * * * *
(j) Application requirements for new and existing POTWs. Unless
otherwise indicated, all POTWs shall provide, at a minimum, the
information in this paragraph (j) to the Director, using Form 2A or
another application form provided by the Director. The Director may
waive any requirement of this paragraph if the Director has access to
substantially identical information.
(1) Basic application information. All applicants shall provide the
following information:
(i) Facility information. Name, mailing address, and location of
the facility for which the application is submitted;
(ii) Applicant information. Name, mailing address, and telephone
number of the applicant, and indication as to whether the applicant is
the facility's owner, operator, or both;
(iii) Existing environmental permits. Identification of all
environmental permits or construction approvals received or applied for
(including dates) under any of the following programs:
(A) Hazardous Waste Management program under the Resource
Conservation and Recovery Act (RCRA), subpart C of this part;
(B) UIC program under the Safe Drinking Water Act (SDWA);
[[Page 62578]]
(C) NPDES program under Clean Water Act (CWA);
(D) Prevention of Significant Deterioration (PSD) program under the
Clean Air Act;
(E) Nonattainment program under the Clean Air Act;
(F) National Emission Standards for Hazardous Pollutants (NESHAPS)
preconstruction approval under the Clean Air Act;
(G) Ocean dumping permits under the Marine Protection Research and
Sanctuaries Act;
(H) Dredge or fill permits under section 404 of the CWA; and
(I) Other relevant environmental permits, including State permits;
(iv) Population. The name and population of each municipal entity
served by the facility, including unincorporated connector districts;
(v) Flow rate. The facility's design flow rate and annual average
daily flow rate for each of the previous 3 years;
(vi) Collection system. Identify type(s) of collection system(s)
used by the treatment works (i.e., separate sanitary sewers or combined
storm and sanitary sewers) and an estimate of the percent of sewer line
that each type comprises;
(vii) Inflow and infiltration. The current average daily flow rate
volume of inflow and infiltration, in gallons per day, and steps the
facility is taking to minimize inflow and infiltration;
(viii) Topographic map. A topographic map (or other map if a
topographic map is unavailable) extending at least one mile beyond
property boundaries of the treatment plant, including all unit
processes, and showing:
(A) Treatment plant area and unit processes;
(B) The pipes or other structures through which wastewater enters
the treatment plant and the pipes or other structures through which
treated wastewater is discharged from the treatment plant. Include
outfalls from bypass piping, if applicable;
(C) Each well where fluids from the treatment plant are injected
underground;
(D) Wells, springs, other surface water bodies, and drinking water
wells listed in public records or otherwise known to the applicant
within the map area;
(E) Sewage sludge management facilities (including on-site
treatment, storage, and disposal sites) within the property boundaries;
and
(F) Location at which waste classified as hazardous under RCRA
enters the treatment plant by truck, rail, or dedicated pipe;
(ix) Process flow diagram or schematic.
(A) A diagram showing the processes of the treatment plant,
including all bypass piping. This includes a water balance showing all
treatment units, including disinfection, and showing daily average flow
rates at influent and discharge points, and approximate daily flow
rates between treatment units; and
(B) A narrative description of the diagram;
(x) Bypasses. The following information for each outfall that is a
discharge from a bypass point:
(A) The actual or approximate number of wet-weather and dry-weather
bypass incidents in the twelve months prior to the date of the permit
application;
(B) The actual or approximate duration of each wet-weather or dry-
weather bypass incident;
(C) The actual or approximate volume, in millions of gallons, of
each wet-weather or dry-weather bypass incident; and
(D) The reason(s) why such bypasses occurred;
(xi) Outfalls and other discharge or disposal methods. The
following information for outfalls to waters of the United States and
other discharge or disposal methods:
(A) For effluent discharges to waters of the United States, the
total number and types of outfalls (e.g, treated effluent, CSOs) to
surface water;
(B) For wastewater discharged to surface impoundments:
(1) The location of each surface impoundment;
(2) The annual average daily volume discharged to each surface
impoundment; and
(3) Whether the discharge is continuous or intermittent;
(C) For wastewater applied to the land:
(1) The location of each land application site;
(2) The size of each land application site, in acres;
(3) The annual average daily volume applied to each land
application site, in gallons per day; and
(4) Whether land application is continuous or intermittent;
(D) For wastewater discharged to another facility:
(1) The means by which the discharge is transported;
(2) The name, mailing address, contact person, and phone number of
the organization transporting the discharge, if the transport is
provided by a party other than the applicant;
(3) The name, mailing address, contact person, phone number, and
NPDES permit number (if any) of the receiving facility; and
(4) The average daily flow rate from this facility into the
receiving facility, in millions of gallons per day; and
(E) For wastewater disposed of in a manner not included in
paragraphs (j)(1)(ix) (A) through (D) of this section (e.g.,
underground percolation, underground injection):
(1) A description of the disposal method, including the location
and size of each disposal site, if applicable;
(2) The annual average daily volume disposed of by this method, in
gallons per day; and
(3) Whether disposal through this method is continuous or
intermittent;
(xii) Federal Indian reservations. Information concerning whether
the facility is located on a Federal Indian Reservation or whether the
facility discharges to a receiving stream that flows through a Federal
Indian Reservation; and
(xiii) Scheduled improvements, schedules of implementation. The
following information regarding scheduled improvements:
(A) The outfall number of each outfall affected;
(B) A narrative description of each required improvement;
(C) Scheduled or actual dates of completion for the following:
(1) Commencement of construction;
(2) Completion of construction;
(3) Commencement of discharge; and
(4) Attainment of operational level; and
(D) A description of permits and clearances concerning other
Federal and/or State requirements;
(2) Information on effluent discharges. Each applicant must provide
the following information for each outfall, including bypass points,
through which effluent is discharged, as applicable:
(i) Description of outfall. The following information about each
outfall:
(A) Outfall number;
(B) State, county, and city or town in which outfall is located;
(C) Latitude and longitude, to the nearest second;
(D) Distance from shore and depth below surface;
(E) Average daily flow rate, in million gallons per day;
(F) The following information for each outfall with a seasonal or
periodic discharge:
(1) Number of times per year the discharge occurs;
(2) Duration of each discharge;
(3) Flow of each discharge; and
(4) Months in which discharge occurs; and
(G) Whether the outfall is equipped with a diffuser and the type
(e.g., high-rate) of diffuser used;
[[Page 62579]]
(ii) Description of receiving waters. The following information (if
known) for each outfall through which effluent is discharged to waters
of the United States:
(A) Type (e.g., stream, river, lake, estuary, ocean) and name of
receiving water;
(B) Name of watershed/river/stream system and United States Soil
Conservation Service 14-digit watershed code;
(C) Name of State Management/River Basin and United States
Geological Survey 8-digit hydrologic cataloging unit code; and
(D) Critical flow of receiving stream and total hardness of
receiving stream at critical low flow (if applicable); and
(iii) Description of treatment. The following information
describing the treatment provided for discharges from each outfall to
waters of the United States:
(A) The highest level of treatment (e.g., primary, equivalent to
secondary, secondary, advanced, other) that is provided for the
discharge for each outfall and:
(1) Design biochemical oxygen demand (BOD5 or CBOD5)
removal (percent);
(2) Design suspended solids (SS) removal (percent); and, where
applicable;
(3) Design phosphorus (P) removal (percent);
(4) Design nitrogen (N) removal (percent); and
(5) Any other removals that an advanced treatment system is
designed to achieve.
(B) A description of the type of disinfection used, and whether the
treatment plant dechlorinates (if disinfection is accomplished through
chlorination);
(3) Effluent monitoring for specific parameters. (i) As provided in
paragraphs (j)(3) (ii) through (x) of this section all applicants shall
submit to the Director effluent monitoring information for samples
taken from each outfall through which effluent is discharged to waters
of the United States, except for CSOs. The Director may allow
applicants to submit sampling data for only one outfall on a case-by-
case basis, where the applicant has two or more outfalls with
substantially identical effluent;
(ii) All applicants must sample and analyze for the pollutants
listed in Appendix J of this part, Table 1;
(iii) The following applicants must sample and analyze for the
pollutants listed in Appendix J of this part, Table 2, and for any
other pollutants for which the State or EPA have established water
quality standards applicable to the receiving waters:
(A) All POTWs with a design influent flow rate equal to or greater
than one million gallons per day;
(B) All POTWs with approved pretreatment programs or POTWs required
to develop a pretreatment program; and
(C) Other POTWs, as required by the Director;
(iv) Unless otherwise required by the Director, applicants are not
required to sample for the pollutants listed in Appendix J of this
part, Table 3;
(v) The Director should require sampling for additional pollutants,
as appropriate, on a case-by-case basis;
(vi) Applicants must provide data from a minimum of three samples
taken within three years prior to the date of the permit application.
Samples must be representative of the discharge from each outfall, and
at least two samples should be at least four months, but no more than
eight months apart. Existing data may be used, if available, in lieu of
sampling done solely for the purpose of this application. The Director
should require additional samples, as appropriate, on a case-by-case
basis;
(vii) All existing data for pollutants specified in paragraphs
(j)(3) (ii) through (v) of this section that is collected within three
years of the application must be included with the pollutant data
submitted by the applicant. If, however, the applicant samples for a
specific pollutant on a monthly or more frequent basis, it is only
necessary, for such pollutant, to provide all data collected within one
year of the application;
(viii) Applicants must collect samples of effluent and analyze such
samples for pollutants in accordance with analytical methods approved
under 40 CFR part 136 unless an alternative is specified in the
existing NPDES permit. When no analytical method is approved,
applicants may use any suitable method and must provide a description
of the method. Grab samples must be used for pH, temperature, cyanide,
total phenols, residual chlorine, oil and grease, fecal coliform, E.
coli, and enterococci. For all other pollutants, 24-hour flow-weighted
composite samples must be used. For a flow-weighted composite sample,
only one analysis of the composite of aliquots is required. A single
grab sample may be taken for effluent from holding ponds or other
impoundments, so long as they have a retention time of greater than 24
hours;
(ix) The effluent monitoring data provided must include at least
the following information for each parameter:
(A) Maximum daily discharge, expressed as concentration or mass,
based upon actual sample values;
(B) Average daily discharge for all samples, expressed as
concentration or mass, based upon actual sample values, and the number
of samples used to obtain this value;
(C) The analytical method used; and
(D) The threshold level (i.e., method detection limit, minimum
level, or other designated method endpoints) for the analytical method
used; and
(x) Unless otherwise required by the Director, metals must be
reported as total recoverable;
(4) Effluent monitoring for whole effluent toxicity. (i) All
applicants shall provide an identification of any biological toxicity
tests that the applicant knows or has reason to believe have been made
during the three years prior to the date of the application on any of
the applicant's discharges or on a receiving water in relation to a
discharge.
(ii) As provided in paragraphs (j)(4) (iii) through (ix) of this
section, the following applicants shall submit to the Director the
results of valid whole effluent biological toxicity tests for acute or
chronic toxicity for samples taken from each outfall through which
effluent is discharged to surface waters, except for combined sewer
overflows:
(A) All POTWs with design influent flow rate equal to or greater
than one million gallons per day;
(B) All POTWs with approved pretreatment programs or POTWs required
to develop a pretreatment program; and
(C) Other POTWs, as required by the Director, based on
consideration of the following factors:
(1) The variability of the pollutants or pollutant parameters in
the POTW effluent (based on chemical-specific information, the type of
treatment plant, and types of industrial contributors);
(2) The ratio of effluent flow to receiving stream flow;
(3) Existing controls on point or non-point sources, including
total maximum daily load calculations for the receiving stream segment
and the relative contribution of the POTW;
(4) Receiving stream characteristics, including possible or known
water quality impairment, and whether the POTW discharges to a coastal
water, one of the Great Lakes, or a water designated as an outstanding
natural resource water; or
(5) Other considerations (including, but not limited to, the
history of toxic impacts and compliance problems at the POTW) that the
Director determines
[[Page 62580]]
could cause or contribute to adverse water quality impacts.
(iii) Where the POTW has two or more outfalls with substantially
identical effluent discharging to the same receiving stream segment,
the Director may allow applicants to submit whole effluent toxicity
data for only one outfall on a case-by-case basis.
(iv) Each applicant required to perform whole effluent biological
toxicity testing pursuant to paragraph (j)(4)(ii) of this section shall
provide the results of a minimum of four quarterly tests for a year.
Applicants shall conduct tests with multiple species (no less than two
species; e.g., fish, invertebrate, plant), and test for acute or
chronic toxicity, depending on the range of receiving water dilution.
It is recommended that applicants conduct acute or chronic testing
based on the following dilutions:
(A) Acute toxicity testing if the dilution of the effluent is
greater than 1000:1 at the edge of the mixing zone;
(B) Acute or chronic toxicity testing if the dilution of the
effluent is between 100:1 and 1000:1 at the edge of the mixing zone.
Acute testing may be more appropriate at the higher end of this range
(1000:1), and chronic testing may be more appropriate at the lower end
of this range (100:1); and
(C) Chronic testing if the dilution of the effluent is less than
100:1 at the edge of the mixing zone.
(v) Each applicant required to perform whole effluent biological
toxicity testing pursuant to paragraph (j)(4)(ii) of this section shall
provide the number of chronic or acute whole effluent toxicity tests
that have been conducted since the last permit reissuance.
(vi) Provide the results using the form provided by the Director,
or test summaries if available and comprehensive, for each whole
effluent toxicity test conducted pursuant to paragraph (j)(4)(ii) of
this section for which such information has not been reported
previously to the Director.
(vii) Whole effluent toxicity testing conducted pursuant to
paragraph (j)(4)(ii) of this section shall be conducted using methods
approved under 40 CFR part 136.
(viii) For biomonitoring data submitted to the Director within
three years prior to the date of the application, applicants must
provide the dates on which the data were submitted and a summary of the
results.
(ix) Each POTW required to perform whole effluent biological
testing pursuant to paragraph (j)(4)(ii) of this section must provide
any information on the cause of toxicity and written details of any
toxicity reduction evaluation conducted, if any whole effluent toxicity
test conducted within the past three years revealed toxicity.
(5) Industrial discharges and pretreatment. Applicants must submit
the information in paragraphs (j)(5)(i) through (iii) of this section,
as applicable, regarding industrial user discharges to the POTW.
(i) General information. General information on industrial users.
(A) Number of significant industrial users (SIUs) and categorical
industrial users (CIUs) discharging to the POTW;
(B) Total average daily flow rate from all industrial (non-
domestic) users, from SIUs, and from all CIUs discharging to the POTW;
and
(C) Estimated percent of total influent contributed by all
industrial (non-domestic) users, by SIUs only, by CIUs only, and by
domestic sources discharging to the POTW.
(ii) Pretreatment program and local limits. POTWs with an approved
pretreatment program under 40 CFR part 403 shall provide information
concerning pretreatment program modifications that are required to be
submitted but have not been approved in accordance with 40 CFR 403.18.
(iii) Significant industrial users. POTWs with one or more
significant industrial users (SIUs) shall provide the following
information for each SIU, as defined at 40 CFR 403.3(t), that
discharges to the POTW:
(A) Name and mailing address;
(B) Description of all industrial processes that affect or
contribute to the SIU's discharge;
(C) Principal products and raw materials of the SIU;
(D) Average daily volume of wastewater discharged, indicating the
amount attributable to process flow and non-process flow;
(E) Whether the SIU is subject to local limits;
(F) Whether the SIU is subject to categorical standards, and if so,
under which category(ies) and subcategory(ies); and
(G) Whether any problems at the POTW (e.g., upsets, pass through,
interference) have been attributed to the SIU in the past three years;
(6) Discharges from hazardous waste generators and from waste
cleanup or remediation sites. POTWs receiving RCRA, CERCLA, or RCRA
Corrective Action wastes or wastes generated at another type of cleanup
or remediation site must provide the following information:
(i) RCRA hazardous waste. If the POTW receives by truck, rail, or
dedicated pipe any wastes that are regulated as RCRA hazardous wastes
pursuant to 40 CFR part 261, or authorized State, or if it is expected
to receive such wastes during the life of the permit, the applicant
must report the following:
(A) The method by which the waste is received (i.e., whether by
truck, rail, or dedicated pipe); and
(B) The hazardous waste number and amount received annually of each
hazardous waste;
(ii) CERCLA wastewaters. If the POTW receives wastewaters that
originate from response activities undertaken pursuant to the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), or if it is expected to receive such wastewaters during the
life of the permit, the applicant must report the following:
(A) The identity and description of the site(s) at which the
wastewater originates or is expected to originate;
(B) The identities of the hazardous constituents in the wastewater;
and
(C) The extent of treatment, if any, the wastewater receives or
will receive before entering the POTW;
(iii) RCRA corrective action wastewaters. If the POTW receives
wastewaters that originate from remedial activities undertaken pursuant
to sections 3004(u) or 3008(h) of RCRA, or authorized State, or if it
is expected to receive such wastewaters during the life of the permit,
the applicant must report the following:
(A) The identity and description of the facility(ies) at which the
wastewater originates or is expected to originate;
(B) The identities of the hazardous constituents in the wastewater;
and
(C) The extent of treatment, if any, the wastewater receives or
will receive before entering the POTW; and
(iv) Wastewaters from other remedial activities. If the POTW
receives wastewaters that originate from remedial activities other than
those in paragraphs (j)(6) (ii) and (iii) of this section, the
applicant shall provide a written description that includes the
following information:
(A) The identity and description of the facility(ies) at which the
wastewater originates or is expected to originate;
(B) The identities of the hazardous constituents in the wastewater;
and
(C) The extent of treatment, if any, the wastewater receives or
will receive before entering the POTW;
(7) Combined sewer overflows. Each applicant with combined sewer
systems shall provide the following information:
(i) Combined sewer system information. The following information
regarding the combined sewer system:
(A) CSO discharge points. The number of combined sewer overflow
[[Page 62581]]
(CSO) discharge points in the combined sewer system to be covered by
the application;
(B) System map. A map indicating the location of the following:
(1) All CSO discharge points;
(2) Sensitive use areas potentially affected by CSOs (e.g.,
beaches, drinking water supplies, shellfish beds, sensitive aquatic
ecosystems, and outstanding natural resource waters); and
(3) Waters supporting threatened and endangered species potentially
affected by CSOs;
(C) System diagram. A diagram of the combined sewer collection
system that includes the following information:
(1) The location of major sewer trunk lines, both combined and
separate sanitary;
(2) The locations of points where separate sanitary sewers feed
into the combined sewer system;
(3) In-line and off-line storage structures;
(4) The locations of flow-regulating devices; and
(5) The locations of pump stations; and
(D) System evaluation. A list of studies, including modeling
studies, hydraulic studies, past monitoring efforts, and facility
plans, that have been performed on the collection system since the last
permit application; and
(ii) Information on CSO outfalls. The following information for
each CSO discharge point covered by the permit application:
(A) Description of outfall. The following information on each
outfall:
(1) Outfall number;
(2) State, county, and city or town in which outfall is located;
(3) Latitude and longitude, to the nearest second; and
(4) Distance from shore and depth below surface;
(B) Monitoring. Indicate if any of the following were monitored in
the past year for this CSO and provide the results of this monitoring:
(1) Rainfall;
(2) CSO flow volume;
(3) CSO water quality;
(4) Receiving water quality; and
(5) The number of storm events;
(C) CSO incidents. The following information about CSO incidents:
(1) The number of incidents in the past year;
(2) The average duration per incident;
(3) The average volume per CSO incident; and
(4) The minimum rainfall that caused a CSO incident in the last
year;
(D) Description of receiving waters. The following information
about receiving waters:
(1) Name and type of receiving water (e.g., stream/river, lake/
pond, estuary, ocean);
(2) Name of watershed/stream system and the United States Soil
Conservation Service watershed (14-digit) code (if known); and
(3) Name of State Management/River Basin and the United States
Geological Survey hydrologic cataloging unit (8-digit) code (if known);
and
(E) CSO operations. The following information concerning CSO
operations:
(1) Whether the CSO includes contributions from significant
industrial users; and
(2) A description of any known water quality impacts on the
receiving water caused by the CSO (e.g., permanent or intermittent
beach closings, permanent or intermittent shellfish bed closings, fish
kills, fish advisories, other recreational loss, or exceedance of any
applicable State water quality standard);
(8) Contractors. All applicants shall provide the name, mailing
address, telephone number, and responsibilities of all contractors
responsible for any operational or maintenance aspects of the facility;
and
(9) Signature. All applications shall be signed by a certifying
official in compliance with Sec. 122.22.
* * * * *
(q) Sewage sludge management. All treatment works treating domestic
sewage, except ``sludge-only facilities'' subject to paragraph
(c)(2)(iii) of this section, shall provide the information in this
paragraph to the Director, using Form 2S or another form approved by
the Director. The Director may waive any requirement of this paragraph
if the Director has access to substantially identical information.
(1) Facility information. All applicants shall submit the following
information:
(i) The name, mailing address, and location of the treatment works
treating domestic sewage for which the application is submitted;
(ii) The facility's latitude and longitude to the nearest second,
and method of determination;
(iii) Whether the facility is a Class I Sludge Management Facility;
(iv) The design influent flow rate (in million gallons per day);
and
(v) The total population served;
(2) Applicant information. All applicants shall submit the
following information:
(i) The name, mailing address, and telephone number of the
applicant;
(ii) Indication whether the applicant is the owner, operator, or
both; and
(iii) The applicant's status as Federal, State, private, public, or
other entity;
(3) Permit information. All applicants shall submit the facility's
NPDES permit number, if applicable, and a listing of all other Federal,
State, and local permits or construction approvals received or applied
for under any of the following programs:
(i) Hazardous Waste Management program under the Resource
Conservation and Recovery Act (RCRA);
(ii) UIC program under the Safe Drinking Water Act (SDWA);
(iii) NPDES program under the Clean Water Act (CWA);
(iv) Prevention of Significant Deterioration (PSD) program under
the Clean Air Act;
(v) Nonattainment program under the Clean Air Act;
(vi) National Emission Standards for Hazardous Air Pollutants
(NESHAPS) preconstruction approval under the Clean Air Act;
(vii) Dredge or fill permits under section 404 of CWA; and
(viii) Other relevant environmental permits, including State or
local permits;
(4) Federal Indian Reservations. All applicants shall identify any
generation, treatment, storage, land application, or disposal of sewage
sludge that occurs on Federal Indian Reservations;
(5) Topographic map. All applicants shall submit a topographic map
(or other map if a topographic map is unavailable) extending one mile
beyond property boundaries of the facility and showing the following
information:
(i) All sewage sludge management facilities, including use and
disposal sites;
(ii) All water bodies; and
(iii) Wells used for drinking water listed in public records or
otherwise known to the applicant within 1/4 mile of the facility
property boundaries;
(6) Sewage sludge handling. All applicants shall submit a line
drawing and/or a narrative description that identifies all sewage
sludge management practices employed during the term of the permit,
including all units used for collecting, dewatering, storing, or
treating sewage sludge, the destination(s) of all liquids and solids
leaving each such unit, and all processes used for pathogen reduction
and vector attraction reduction;
(7) Sewage sludge quality. (i) If the applicant is a ``Class I
sludge management facility,'' the applicant shall submit the results of
a toxicity characteristic leaching procedure (TCLP), as described in 40
CFR part 261, conducted in the last five years to determine whether the
sewage sludge is a hazardous waste.
(ii) The applicant shall submit sewage sludge monitoring data for
the
[[Page 62582]]
parameters indicated in paragraphs (q)(7)(ii) (A) through (B) of this
section. Monitoring data shall be two years old or less. The data for
each parameter shall include the concentration in sewage sludge (mg/kg
dry weight), the sample date(s), the analytical method, and the minimum
detection level for the analysis.
(A) ``Class I Sludge Management Facilities,'' as defined in
Sec. 122.2, shall submit sewage sludge monitoring data for TKN,
ammonia, nitrate, total phosphorus, the pollutants in Appendix J of
this part, Tables 2 and 3, and any other parameters for which limits in
sewage sludge have been established in 40 CFR part 503 on the date of
permit application.
(B) All other facilities required to apply under this section shall
submit sewage sludge monitoring data for TKN, ammonia, nitrate, total
phosphorus and those pollutants for which limits in sewage sludge have
been established in 40 CFR part 503 on the date of permit application;
(8) Preparation of sewage sludge. If the applicant is a ``person
who prepares'' sewage sludge, as defined at 40 CFR 503.9(r), the
applicant shall provide the following information:
(i) If the applicant's facility generates sewage sludge, the total
dry metric tons per 365-day period generated at the facility;
(ii) If the applicant's facility receives sewage sludge from
another facility, the following information for each facility from
which sewage sludge is received:
(A) The name, mailing address, and location of the other facility;
(B) The total dry metric tons per 365-day period received from the
other facility; and
(C) A description of any treatment processes occurring at the other
facility, including blending activities and treatment to reduce
pathogens or vector attraction characteristics;
(iii) If the applicant's facility changes the quality of sewage
sludge through blending, treatment, or other activities, the following
information:
(A) Whether the Class A pathogen reduction requirements in 40 CFR
503.32(a) or the Class B pathogen reduction requirements in 40 CFR
503.32(b) are met, and a description of any treatment processes used to
reduce pathogens in sewage sludge;
(B) Whether any of the vector attraction reduction options of 40
CFR 503.33(b)(1) through (b)(8) are met, and a description of any
treatment processes used to reduce vector attraction properties in
sewage sludge; and
(C) A description of any other blending, treatment, or other
activities that change the quality of sewage sludge;
(iv) If sewage sludge from the applicant's facility meets the
ceiling concentrations in 40 CFR 503.13(b)(1), the pollutant
concentrations in 40 CFR 503.13(b)(3), the Class A pathogen
requirements in 40 CFR 503.32(a), and one of the vector attraction
reduction requirements in 40 CFR 503.33(b)(1) through (b)(8), and if
the sewage sludge is applied to the land, the applicant shall provide
the total dry metric tons per 365-day period of sewage sludge subject
to this paragraph that is applied to the land;
(v) If sewage sludge from the applicant's facility is sold or given
away in a bag or other container for application to the land, and the
sewage sludge is not subject to paragraph (q)(8)(iv) of this section,
the applicant shall provide the following information:
(A) The total dry metric tons per 365-day period of sewage sludge
subject to this paragraph that is sold or given away in a bag or other
container for application to the land; and
(B) A copy of all labels or notices that accompany the sewage
sludge being sold or given away;
(vi) If sewage sludge from the applicant's facility is provided to
another ``person who prepares,'' as defined at 40 CFR 503.9(r), and the
sewage sludge is not subject to paragraph (q)(8)(iv) of this section,
the applicant shall provide the following information for each facility
receiving the sewage sludge:
(A) The name and mailing address of the receiving facility;
(B) The total dry metric tons per 365-day period of sewage sludge
subject to this paragraph that the applicant provides to the receiving
facility;
(C) A description of any treatment processes occurring at the
receiving facility, including blending activities and treatment to
reduce pathogens or vector attraction characteristic;
(D) A copy of the notice and necessary information that the
applicant is required to provide the receiving facility under 40 CFR
503.12(g); and
(E) If the receiving facility places sewage sludge in bags or
containers for sale or give-away to application to the land, a copy of
any labels or notices that accompany the sewage sludge;
(9) Land application of bulk sewage sludge. If sewage sludge from
the applicant's facility is applied to the land in bulk form, and is
not subject to Sec. 122.21(q)(8)(iv), (v), or (vi), the applicant shall
provide the following information:
(i) The total dry metric tons per 365-day period of sewage sludge
subject to this paragraph (q)(9) that is applied to the land;
(ii) If any land application sites are located in States other than
the State where the sewage sludge is prepared, a description of how the
applicant will notify the permitting authority for the State(s) where
the land application sites are located;
(iii) The following information for each land application site that
has been identified at the time of permit application:
(A) The name (if any), and location for the land application site;
(B) The name, mailing address, and telephone number of the site
owner, if different from the applicant;
(C) The name, mailing address, and telephone number of the person
who applies sewage sludge to the site, if different from the applicant;
(D) Whether the site is agricultural land, forest, a public contact
site, or a reclamation site, as such site types are defined under 40
CFR 503.11;
(E) The type of vegetation grown on the site, if known, and the
nitrogen requirement for this vegetation;
(F) Whether either of the vector attraction reduction options of 40
CFR 503.33(b)(9) or (b)(10) is met at the site, and a description of
any procedures employed at the time of use to reduce vector attraction
properties in sewage sludge; and
(G) Any available ground-water monitoring data, with a description
of the well locations and approximate depth to ground water, for the
land application site;
(iv) The following information for each land application site that
has been identified at the time of permit application, if the applicant
intends to apply bulk sewage sludge subject to the cumulative pollutant
loading rates in 40 CFR 503.13(b)(2) to the site:
(A) Whether the applicant has contacted the permitting authority in
the State where the bulk sewage sludge subject to 40 CFR 503.13(b)(2)
will be applied, to ascertain whether bulk sewage sludge subject to 40
CFR 503.13(b)(2) has been applied to the site on or since July 20,
1993, and if so, the name of the permitting authority and the name and
phone number of a contact person at the permitting authority;
(B) Identification of facilities other than the applicant's
facility that have sent, or are sending, sewage sludge subject to the
cumulative pollutant loading rates in 40 CFR 503.13(b)(2) to the site
since July 20, 1993, if, based on the inquiry in paragraph
(q)(9)(iv)(A) of this section, bulk sewage sludge subject to cumulative
pollutant loading rates in
[[Page 62583]]
40 CFR 503.13(b)(2) has been applied to the site since July 20, 1993;
(v) If not all land application sites have been identified at the
time of permit application, the applicant shall submit a land
application plan that, at a minimum:
(A) Describes the geographical area covered by the plan;
(B) Identifies the site selection criteria;
(C) Describes how the site(s) will be managed;
(D) Provides for advance notice to the permit authority of specific
land application sites and reasonable time for the permit authority to
object prior to land application of the sewage sludge; and
(E) Provides for advance public notice as required by State and
local law, but in all cases requires notice to landowners and occupants
adjacent to or abutting the proposed land application site;
(10) Surface disposal. If sewage sludge from the applicant's
facility is placed on a surface disposal site, the applicant shall
provide the following information:
(i) The total dry metric tons of sewage sludge from the applicant's
facility that is placed on surface disposal sites per 365-day period;
(ii) The following information for each surface disposal site
receiving sewage sludge from the applicant's facility that the
applicant does not own or operate:
(A) The site name or number, contact person, mailing address, and
telephone number for the surface disposal site; and
(B) The total dry metric tons from the applicant's facility per
365-day period placed on the surface disposal site; and
(iii) The following information for each active sewage sludge unit
at each surface disposal site that the applicant owns or operates:
(A) The name or number and the location of the active sewage sludge
unit;
(B) The total dry metric tons placed on the active sewage sludge
unit per 365-day period;
(C) The total dry metric tons placed on the active sewage sludge
unit over the life of the unit;
(D) A description of any liner for the active sewage sludge unit,
including whether it has a maximum permeability of 1 x 10-7 cm/
sec;
(E) A description of any leachate collection system for the active
sewage sludge unit, including the method used for leachate disposal,
and any Federal, State, and local permit number(s) for leachate
disposal;
(F) If the active sewage sludge unit is less than 150 meters from
the property line of the surface disposal site, the actual distance
from the unit boundary to the site property line;
(G) The remaining capacity (dry metric tons) for the active sewage
sludge unit;
(H) The date on which the active sewage sludge unit is expected to
close, if such a date has been identified;
(I) The following information for any other facility that sends
sewage sludge to the active sewage sludge unit:
(1) The name, contact person, and mailing address of the facility;
and
(2) Available information regarding the quality of the sewage
sludge received from the facility, including any treatment at the
facility to reduce pathogens or vector attraction characteristics;
(J) Whether any of the vector attraction reduction options of 40
CFR 503.33(b)(9) through (b)(11) is met at the active sewage sludge
unit, and a description of any procedures employed at the time of
disposal to reduce vector attraction properties in sewage sludge;
(K) The following information, as applicable to any ground-water
monitoring occurring at the active sewage sludge unit:
(1) A description of any ground-water monitoring occurring at the
active sewage sludge unit;
(2) Any available ground-water monitoring data, with a description
of the well locations and approximate depth to ground water;
(3) A copy of any ground-water monitoring plan that has been
prepared for the active sewage sludge unit; and
(4) A copy of any certification that has been obtained from a
qualified ground-water scientist that the aquifer has not been
contaminated; and
(L) If site-specific pollutant limits are being sought for the
sewage sludge placed on this active sewage sludge unit, information to
support such a request;
(11) Incineration. If sewage sludge from the applicant's facility
is fired in a sewage sludge incinerator, the applicant shall provide
the following information:
(i) The total dry metric tons of sewage sludge from the applicant's
facility that is fired in sewage sludge incinerators per 365-day
period;
(ii) The following information for each sewage sludge incinerator
firing the applicant's sewage sludge that the applicant does not own or
operate:
(A) The name and/or number, contact person, mailing address, and
telephone number of the sewage sludge incinerator; and
(B) The total dry metric tons from the applicants facility per 365-
day period fired in the sewage sludge incinerator;
(iii) The following information for each sewage sludge incinerator
that the applicant owns or operates:
(A) The name and/or number and the location of the sewage sludge
incinerator;
(B) The total dry metric tons per 365-day period fired in the
sewage sludge incinerator;
(C) Information, test data, and documentation of ongoing operating
parameters indicating that compliance with the National Emission
Standard for Beryllium in 40 CFR part 61 will be achieved;
(D) Information, test data, and documentation of ongoing operating
parameters indicating that compliance with the National Emission
Standard for Mercury in 40 CFR part 61 will be achieved;
(E) The dispersion factor for the sewage sludge incinerator, as
well as modeling results and supporting documentation;
(F) The control efficiency for parameters regulated in 40 CFR
503.43, as well as performance test results and supporting
documentation;
(G) Information used to calculate the risk specific concentration
(RSC) for chromium, including the results of incinerator stack tests
for hexavalent and total chromium concentrations, if the applicant is
requesting a chromium limit based on a site-specific RSC value;
(H) The concentration (ppm) of total hydrocarbons (THC) or Carbon
Monoxide (CO) in the exit gas for the sewage sludge incinerator, as
well as supporting documentation, both before and after correction for
zero percent moisture and correction to seven percent oxygen as
required in 40 CFR 503.44;
(I) The oxygen concentration in the sewage sludge incinerator stack
exit gas;
(J) Information used to determine the moisture content of the
sewage sludge incinerator stack exit gas;
(K) The type of sewage sludge incinerator;
(L) The combustion temperature, as obtained during the performance
test of the sewage sludge incinerator to determine pollutant control
efficiencies;
(M) The following information on sewage sludge feed rate:
(1) Sewage sludge feed rate in dry metric tons per day;
(2) Identification of whether the feed rate submitted is average
use or maximum design; and
(3) A description of how the feed rate was calculated;
(N) The incinerator stack height in meters for each stack,
including identification of whether actual or creditable stack height
was used;
[[Page 62584]]
(O) The operating parameters for the sewage sludge incinerator air
pollution control device(s), as obtained during the performance test of
the sewage sludge incinerator to determine pollutant control
efficiencies;
(P) Identification of the monitoring equipment in place, including
(but not limited to) equipment to monitor the following:
(1) Total hydrocarbons or Carbon Monoxide;
(2) Percent oxygen;
(3) Percent moisture; and
(4) Combustion temperature; and
(Q) A list of all air pollution control equipment used with this
sewage sludge incinerator;
(12) Disposal in a municipal solid waste landfill. If sewage sludge
from the applicant's facility is sent to a municipal solid waste
landfill (MSWLF), the applicant shall provide the following information
for each MSWLF to which sewage sludge is sent:
(i) The name, contact person, mailing address, location, and all
applicable permit numbers of the MSWLF;
(ii) The total dry metric tons per 365-day period sent from this
facility to the MSWLF;
(iii) A determination of whether the sewage sludge meets applicable
requirements for disposal of sewage sludge in a MSWLF, including the
results of the paint filter liquids test and any additional
requirements that apply on a site-specific basis; and
(iv) Information, if known, indicating whether the MSWLF complies
with criteria set forth in 40 CFR Part 258;
(13) Contractors. All applicants shall provide the name, mailing
address, telephone number, and responsibilities of all contractors
responsible for any operational or maintenance aspects of the facility;
(14) Other information. At the request of the permitting authority,
the applicant shall provide any other information necessary to
determine the appropriate standards for permitting under 40 CFR part
503, and shall provide any other information necessary to assess the
sewage sludge use and disposal practices, determine whether to issue a
permit, or identify appropriate permit requirements; and
(15) Signature. All applications shall be signed by a certifying
official in compliance with Sec. 122.22.
7. Part 122 is amended by adding Appendix J to read as follows:
Appendix J to Part 122--NPDES Permit Testing Requirements for Publicly
Owned Treatment Works (Sec. 122.21(j)) and Treatment Works Treating
Domestic Sewage (Sec. 122.21(q))
Table 1--Effluent Parameters for All POTWS
Ammonia (as N)
Biochemical oxygen demand (BOD-5 or CBOD-5)
Chlorine (total residual, TRC)
Dissolved oxygen
E. Coli
Enterococci
Fecal coliform
Flow Rate
Hardness (as CaCO3)
Kjeldahl nitrogen
Nitrate/Nitrite
Oil and grease
pH
Phosphorus
Temperature
Total dissolved solids
Total suspended solids
Table 2--Effluent and Sewage Sludge Parameters for Selected POTWS and
Treatment Works Treating Domestic Sewage
Metals (Total Recoverable), Cyanide and Total Phenols
Antimony
7440-36-0
Arsenic
7440-38-2
Beryllium
7440-41-7
Cadmium
7440-43-9
Chromium
7440-47-3
Copper
7440-50-8
Lead
7439-92-1
Mercury
7439-97-6
Nickel
7440-02-0
Selenium
7782-49-2
Silver
7440-22-4
Thallium
7440-28-0
Zinc
7440-66-6
Cyanide
57-12-5
Phenols, total
Volatile Organic Compounds
Acrolein
107-02-8
Acrylonitrile
107-13-1
Benzene
271-43-2
Bromoform
75-25-2
Carbon tetrachloride
56-23-5
Chlorobenzene
108-90-7
Chlorodibromomethane
124-48-1
Chloroethane
75-00-3
2-chloroethylvinyl ether
110-75-8
Chloroform
67-66-3
Dichlorobromomethane
75-27-4
1,1-dichloroethane
75-34-3
1,2-dichloroethane
107-06-2
Trans-1,2-dichloroethylene
156-60-5
1,1- dichloroethylene
75-35-4
1,2-dichloropropane
78-87-5
1,3-dichloropropene
542-75-6
Ethylbenzene
100-41-4
Methyl bromide
74-83-9
Methyl chloride
74-87-3
Methylene chloride
75-09-2
1,1,2,2-tetrachloroethane
630-20-6
Tetrachloroethylene
127-18-4
Toluene
108-88-3
1,1,1-trichloroethane
71-55-6
1,1,2-trichloroethane
79-00-5
Trichloroethylene
79-01-6
Vinyl chloride
75-01-4
Acid-extractable compounds
P-chloro-m-cresol
59-50-7
2-chlorophenol
95-57-8
2,4-dichlorophenol
120-83-2
222,4-dimethylphenol
105-67-9
4,6-dinitro-o-cresol
534-52-1
2,4-dinitrophenol
51-28-5
2-nitrophenol
887-5-5
4-nitrophenol
100-02-7
Pentachlorophenol
87-86-5
Phenol
108-295-2
2,4,6-trichlorophenol
88-06-2
Base-Neutral Compounds
Acenaphthene
83-32-9
Acenaphthylene
208-96-8
Anthracene
[[Page 62585]]
120-12-7
Benzidine
92-87-5
Benzo(a)anthracene
56-55-3
Benzo(a)pyrene
50-32-8
3,4 benzofluoranthene
205-99-2
Benzo(ghi)perylene
191-24-2
Benzo(k)fluoranthene
207-08-9
Bis (2-chloroethoxy) methane
111-91-1
Bis (2-chloroethyl) ether
111-44-4
Bis (2-chloroisopropyl ether
108-60-1
Bis (2-ethylhexyl) phthalate
117-81-7
4-bromophenyl phenyl ether
101-55-3
Butyl benzyl phthalate
85-68-7
2-chloronaphthalene
91-58-7
4-chlorophenyl phenyl ether
7005-72-3
Chrysene
218-01-9
Di-n-butyl phthalate
84-74-2
Di-n-octyl phthalate
117-84-0
Dibenzo(a,h)anthracene
53-70-3
1,2-dichlorobenzene
95-50-1
1,3-dichlorobenzene
541-73-1
1,4-dichlorobenzene
106-46-7
3,3'-dichlorobenzidine
91-94-1
Diethyl phthalate
84-66-2
Dimethyl phthalate
131-11-3
2,4-dinitrotoluene
121-14-2
2,6-dinitrotoluene
606-20-2
1,2-diphenylhydrazine
122-66-7
Fluoranthene
206-44-0
Fluorene
86-73-7
Hexachlorobenzene
118-74-1
Hexachlorobutadiene
87-68-3
Hexachlorocyclopentadiene
77-47-4
Hexachloroethane
67-72-1
Indeno(1,2,3-cd)pyrene
193-39-5
Isophorone
78-59-1
Naphthalene
91-20-3
Nitrobenzene
98-95-3
N-nitrosodi n-propylamine
621-64-7
N-nitrosodimethylamine
62-75-9
N-nitrosodiphenylamine
86-30-6
Phenanthrene
85-01-8
Pyrene
129-00-0
1,2,4,-trichlorobenzene
120-82-1
Table 3--Other Effluent and Sewage Sludge Parameters for Treatment
Works Treating Domestic Sewage and Selected POTWS
Metals
Molybdenum
7439-98-7
Pesticides
Aldrin
309-00-2
Alpha-BHC
319-84-6
Beta-BHC
319-85-7
Delta-BHC
319-86-8
Gamma-BHC
58-89-9
Chlordane
57-74-9
4,4'-DDD
72-54-8
4,4'-DDE
72-55-9
4,4'-DDT
50-29-3
Dieldrin
60-57-1
Alpha-endosulfan
959-98-8
Beta-endosulfan
33213-65-9
Endosulfan sulfate
1031-07-8
Endrin
72-20-8
Endrin aldehyde
7421-93-4
Heptachlor
76-44-8
Heptachlor epoxide
1024-57-3
PCB-1016 (Aroclor 1016)
12674-11-2
PCB-1221 (Aroclor 1221)
11104-28-2
PCB-1232 (Aroclor 1232)
11141-16-5
PCB-1242 (Aroclor 1242)
53469-21-9
PCB-1248 (Aroclor 1248)
12672-29-6
PCB-1254 (Aroclor 1254)
11097-69-1
PCB-1260 (Aroclor 1260)
11096-82-5
Toxaphene
8001-35-2
Other
2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD)
1746-01-6
PART 123--STATE PROGRAM REQUIREMENTS
8a. The authority citation for part 123 continues to read as
follows:
Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
8b. Section 123.25 is amended by revising paragraph (a)(4) to read
as follows:
Sec. 123.25 Requirements for permitting.
(a) * * *
(4) Sections 122.21(a), (b), (c)(2), (e) through (k), (m) through
(p), and (q)--(Application for a permit);
* * * * *
PART 403--GENERAL PRETREATMENT REGULATIONS FOR EXISTING AND NEW
SOURCES OF POLLUTION
9. The authority citation for part 403 continues to read as
follows:
Authority: Sec. 54(c)(2) of the Clean Water Act of 1977, (Pub.
L. 95-217) sections 204(b)(1)(C), 208(b)(2)(C)(iii),
301(b)(1)(A)(ii), 301(b)(2)(C), 301(h)(5), 301(i)(2), 304(e),
304(g), 307, 308, 309, 402(b), 405, and 501(a) of the Federal Water
Pollution Control Act (Pub. L. 92-500) as amended by the Clean Water
Act of 1977 and the Water Quality Act of 1987 (Pub. L. 100-4).
10. Section 403.8 is amended by revising paragraph (f)(4) to read
as follows:
Sec. 403.8 Pretreatment Program Requirements: Development and
Implementation by POTW.
* * * * *
(f) * * *
(4) The POTW shall:
(i) Develop local limits as required in Sec. 403.5(c)(1), or
demonstrate that they are not necessary; and
(ii) Following permit issuance or reissuance, provide a written
technical evaluation of the need to revise local limits under 40 CFR
403.5(c)(1).
* * * * *
PART 501--STATE SLUDGE MANAGEMENT PROGRAM REGULATIONS
11. The authority citation for part 501 continues to read as
follows:
Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
12. Section 501.15 is amended by removing the reference
``Sec. 501.15(a)(2)(ix)'' in paragraphs (d)(4) introductory text,
(d)(4)(i)(C), and (d)(5)(ii)(B) and adding in its place
``Sec. 122.21(q)(9)(v)'', and by revising paragraph (a)(2) to read as
follows:
[[Page 62586]]
Sec. 501.15 Requirements for permitting.
(a) * * *
(2) Information requirements. All treatment works treating domestic
sewage shall submit to the Director the information listed at 40 CFR
122.21 (q) within the time frames established in paragraph (d)(1)(ii)
of this section.
* * * * *
Note: The following form will not appear in the Code of Federal
Regulations.
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Instructions For Completing Form 2A
Application For a NPDES Permit
Background Information
Each wastewater treatment works that discharges treated effluent to
waters of the United States must apply for a permit for its discharges.
This permitting requirement is part of the National Pollutant Discharge
Elimination System (NPDES) program, which is implemented by the U.S.
Environmental Protection Agency (EPA). You can obtain a permit for your
treatment works by filling out and sending in the appropriate form(s)
to your permitting authority. If the State in which your treatment
works is located operates its own NPDES program, then the State is your
permitting authority and you should ask your State for permit
application forms. On the other hand, if EPA operates the NPDES program
in your State, then EPA is the permitting authority, and you must fill
out and send in Form 2A.
These instructions explain how to fill out each question in Form
2A. Be sure to read the Application Overview section on the cover page
of Form 2A before you start filling out the form. Not every applicant
will have to fill out every section of Form 2A. The Application
Overview section will help you determine which portions of Form 2A
apply to your treatment works.
EPA has developed Form 2A in a modular format, consisting of two
packets: The Basic Application Information packet and the Supplemental
Application Information packet. At a minimum, all applicants must
complete the Basic Application Information packet, which contains
questions 1-19. As directed by the Application Overview section on page
1 of the form, certain applicants will also need to complete one or
more parts of the Supplemental Application Information packet.
Commonly Asked Questions
What If I Need More Space for My Answer?
Some questions on Form 2A require you to write out short answers.
If you need more room for your answer than is provided on the form,
attach a separate sheet called ``Additional Information.'' At the top
of the separate sheet, put the name of your plant, your plant's NPDES
permit number, and the number of the outfall that you are writing
about. Also, next to your answer, put the question number (from Form
2A). Provide this information on any drawings or other papers that you
attach to your application as well.
Will the Public Be Able to See the Information I Submit?
Any information you submit on Form 2A will be available to the
public. If you send in more information than is requested on Form 2A
that is considered company-privileged information, you may ask EPA to
keep that extra information confidential. Note that you cannot ask EPA
to keep effluent data confidential. If you want any of your plant's
information to be confidential, tell EPA this when you submit your
application. Otherwise, EPA may make the information public without
letting you know in advance. For more information on claims of
confidentiality, see EPA's business confidentiality regulations at
Title 40, Part 2 of the Code of Federal Regulations (CFR).
How Do I Complete the Forms?
Answer every question on Form 2A that applies to your treatment
works. If your answer to a question requires more room than there is on
the form, attach additional sheets (see above). If a particular
question does not apply to your treatment works, write ``N/A'' (meaning
``not applicable'') as your answer to that question. If you need advice
on how to fill out these forms, write or contact your EPA Regional
Office or your State office at the following address:
Completing Form 2A
Facility Name and NPDES Permit Number
At the top of each page of Form 2A, put your plant's name and NPDES
permit number (if you already have been assigned one) in the
appropriate boxes. Also put this information on the top of any
``Additional Information'' sheets you attach. Do not write anything in
the space marked ``EPA ID Number.''
As stated above, Form 2A consists of two packets: the Basic
Application Information packet and the Supplemental Application
Information packet. These instructions provide directions for
completing both of these packets.
Basic Application Information Packet
Paperwork Reduction Act Notice: The public reporting and
recordkeeping burden for this collection of information (the Basic
Application Information Packet) is estimated to average 5.3 hours
per response. This estimate includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing
and providing information; adjust the existing ways to comply with
any previously applicable instructions and requirements; train
personnel to respond to a collection of information; search existing
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information. An Agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.
Send comments regarding the burden estimate or any other aspect
of this collection of information, including suggestions for
reducing the burden, to Chief, OPPE Regulatory Information Division,
U.S. Environmental Protection Agency (2136), 401 M St., S.W.,
Washington, DC 20460; and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th St.,
N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include
the OMB control number in any correspondence. Do not send the
completed application form to these addresses.
All applicants must complete the Basic Application Information
packet, which consists of questions 1-19. Note that some questions in
this packet may not apply to your treatment works. For these questions,
write ``N/A'' in the response space.
Application Overview
Read the Application Overview before completing any of Form 2A.
This section will help you determine which questions and parts of Form
2A apply to your facility. Note that the permitting authority may
require you to complete certain questions or provide additional
information as well.
As stated above, all applicants must complete the Basic Application
Information packet. However, only certain types of applicants will need
to complete the Supplemental Application Information packet. Refer to
the directions in the Application Overview section on Form 2A to
determine which parts of the Supplemental Application Information
packet you need to complete.
Treatment Works
1. Facility Information
Provide your plant's official or legal name. Do not use a nickname
or short name. Also provide your plant's mailing address, a contact
person at the plant, his/her title, and that person's work telephone
number. The contact person should be someone who has a thorough
understanding of the operation of your treatment works. The permitting
authority may call this person if there are questions about the
application. Also provide the actual facility address (if different
than the mailing address). The facility location should be a street
address (not a Post Office box number)
[[Page 62612]]
or other description of the actual location of the facility. Be sure to
provide the city or county and state in which your facility is located.
2. Applicant Information
If someone other than the facility contact person is actually
submitting this application, provide the name and mailing address of
that person's organization. Also provide the name of a contact person,
his/her title, and his/her work telephone number. The permitting
authority may call this person if there are questions about the
application.
In addition, indicate whether this applicant is the owner or
operator (or both) of the treatment works. If it is neither, describe
the relationship of the applicant to the treatment works (e.g.,
contractor). Also indicate whether you want correspondence regarding
this application (phone calls, letters, the permit, etc.) directed to
the applicant or to the facility address provided in question 1.
3. Existing Environmental Permits
Provide the permit number of each currently effective permit issued
to the treatment works for NPDES, UIC, RCRA, PSD, and any other
environmental program. If you have previously filed an application but
have not yet received a permit, give the number of the application, if
any. If you have more than one currently effective permit under a
particular permit program, list each such permit number. List any other
relevant environmental permits under ``Other.'' These may include
permits issued under the following programs: (1) Federal: Ocean Dumping
Act, Section 404 of the Clean Water Act, or the Surface Mining Control
and Reclamation Act; (2) State: new air emission sources in
nonattainment areas under Part D of the Clean Air Act or State permits
issued under Section 404 of the Clean Water Act; or (3) local: any
applicable local environmental permit programs.
4. Population
For all the cities, towns, and unincorporated areas served by your
plant, enter the number of people served by your plant at the time you
complete this form. If you do not know the population of each area,
then only provide the total population for your entire treatment works.
If another treatment works discharges into your plant, give the name of
that other treatment works and the population it serves.
5. Flow
a. Provide your plant's current design maximum daily influent flow
rate. ``Design maximum daily influent flow rate'' means the average
amount of wastewater flow your plant was designed to receive on a daily
basis. Enter the flow number in million gallons per day (mgd).
Treatment works with a design flow less than 5 mgd must provide the
design influent flow rate to two decimal places. Treatment works that
are greater than or equal to 5 mgd must report this to 1 decimal place.
This is because fluctuations of 0.01 mgd to .09 mgd in smaller
treatment works represent a significant percentage of daily flow.
b. Enter the annual average daily flow rate, in million gallons per
day, that your plant actually treated this year and each of the past
two years for days that your plant actually discharges. Each year's
data must be based on a 12-month time period, with the 12th month of
``this year'' occurring no more than three months prior to this
application submittal.
c. Enter the maximum daily flow rate, in million gallons per day
(mgd), that your plant received this year and each of the past two
years. Each year's data must be based on a 12-month time period, with
the 12th month of ``this year'' occurring no more than three months
prior to this application submittal.
6. Collection System
Indicate what type of collection system brings wastewater to your
plant. If you check both of the collection systems indicated on the
form, you must also provide an estimate of what percentage (in terms of
miles of pipe) of your entire collection system each type represents.
For example, 80 percent separate sanitary sewers would mean that 80
percent of the actual miles of pipes are separate sanitary sewers (and
20 percent are combined sewers).
``Separate sanitary sewer'' means a system of pipes that
only carries:
(1) Domestic wastewater from connections to houses, hotels, non-
industrial office buildings, institutions, or sanitary waste from
industrial facilities.
(2) Industrial wastewater received through connections to
industrial plants or facilities. This consists of water that is used in
the manufacturing processes conducted at the facility.
``Combined storm and sanitary sewer'' means a system of
pipes that carries a mixture of storm water runoff and sanitary
wastewater.
7. Inflow and Infiltration
Estimate, in gallons per day (gpd), the average amount of water
that enters the treatment works through inflow and infiltration. Also
explain any actions you are taking to correct or decrease inflow and
infiltration.
``Inflow'' means that water enters the sewer system from
the land's surface in an uncontrolled way. Usually, this happens when
surface water runs in through unsealed manhole covers. It may also
happen when people illegally connect their foundation drains, roof
leaders, cellar drains, yard drains, or catch basins to the sewer
system.
``Infiltration'' happens when non-wastewater seeps into
the sewer system from the ground. Ground water usually leaks into the
sewer system through defective pipes, pipe joints, connections, or
manholes.
8. Topographic Map
Provide a topographic map or maps of the area extending at least to
one mile beyond the property boundaries of the facility which clearly
show the following:
The area surrounding the treatment plant, including all
unit processes;
The pipes or other structures through which wastewater
enters the treatment plant and the pipes or other structures through
which treated wastewater is discharged from the treatment plant.
Include outfalls from bypass piping, if applicable;
Each well where wastewater from the plant is injected
underground;
Wells, springs, other surface water bodies, and drinking
water wells that are: (1) Within \1/4\ mile of the property boundaries
of the treatment plant, and(2) listed in the public record or otherwise
known to you;
Any areas where the sewage sludge produced by the
treatment plant is stored, treated, or disposed;
If the treatment works receives waste that is classified
as hazardous under the Resource Conservation and Recovery Act (RCRA) by
truck, rail, or special pipe, show on the map where that hazardous
waste enters the treatment plant and where it is treated stored, and/or
disposed.
If a discharge structure, hazardous waste disposal site, or
injection well associated with the facility is located more than one
mile from the plant, include it on the map, if possible. If not, attach
additional sheets describing the location of the structure, disposal
site, or well, and identify the U.S. Geological Survey (or other) map
corresponding to the location.
On each map, include the map scale, a meridian arrow showing north
and
[[Page 62613]]
latitude and longitude at the nearest whole second. On all maps of
rivers, show the direction of the current, and in tidal waters, show
the directions of the ebb and flow tides. Use a 7\1/2\ minute series
map published by the U.S. Geological Survey, which may be obtained
through the U.S. Geological Survey Offices listed below. If a 7\1/2\
minute series map has not been published for your facility, then you
may use a 15 minute series map from the U.S. Geological Survey. If
neither a 7\1/2\ minute or 15 minute series map has been published for
your facility site, use a plat map or other appropriate map, including
all the requested information; in this case, briefly describe land uses
in the map area (e.g., residential, commercial).
Maps may be purchased at local dealers (listed in your local yellow
pages) or purchased over the counter at the following USGS Earth
Science Information Centers (ESIC):
Anchorage-ESIC, 4230 University Dr., Rm. 101, Anchorage, AK 99508-
4664, (907)786-7011
Lakewood-ESIC, Box 25046, Bldg. 25, Rm. 1813, Denver Federal Center,
MS 504, Denver, CO 80225-0046, (303)236-5829
Lakewood Open Files-ESIC, Box 25286, Bldg. 810, Denver Federal
Center, Denver, CO
Menlo Park-ESIC, Bldg. 3, Rm. 3128, MS 532, 345 Middlefield Rd.,
Menlo Park, CA 94025-3591, (415)329-4309
Reston-ESIC, 507 National Center, Reston, VA 22092, (703)648-6045
Rolla-ESIC, 1400 Independence Rd., MS 231, Rolla, MO 65401-2602,
(314)341-0851
Salt Lake City-ESIC, 2222 West 2300 South, Salt Lake City, UT 84119,
(801)975-3742
Sioux Falls-ESIC, EROS Data Center, Sioux Falls, SD 57198-0001,
(605)594-6151
Spokane-ESIC, U.S. Post Office Bldg., Rm. 135, 904 W. Riverside
Ave., Spokane, WA 99201-1088, (509)353-2524
Stennis Space Center-ESIC, Bldg. 3101, Stennis Space Center, MS
39529, (601)688-3541
Washington, D.C.-ESIC, U.S. Dept. of Interior, 1849 C St., NW, Rm.
2650, Washington, D.C. 20240, (202)208-4047
All maps should be either on paper or other material appropriate
for reproduction. If possible, all sheets should be approximately
letter size with margins suitable for filing and binding. As few sheets
as necessary should be used to clearly show what is involved. Each
sheet should be labeled with your facility's name, permit number,
location (city, county, or town), date of drawing, and designation of
the number of sheets of each diagram as ``page ____ of ____.''
9. Process Flow Diagram or Schematic
Provide a process flow diagram or schematic that shows how
wastewater flows through your plant. On your diagram, include all
bypass piping. ``Bypass piping'' is a system of pipes, conduits, gates,
and valves that can be used to intentionally divert wastewater flow
from any part of your plant directly to a discharge point. A bypass
happens before the wastewater has been fully treated. Title your
diagram ``Schematic Wastewater Flow.'' An example of a diagram or
schematic is shown in Figure A below. Also write a brief description of
your diagram.
In addition to the diagram, provide a water balance that shows the
following items:
All treatment units. Treatment units include all processes
used to treat wastewater, such as chlorination and dechlorination
units.
The daily average flow rate (in mgd) that has entered your
plant and that has been discharged from your plant over the past 12
months.
The daily average flow rate (in mgd) between treatment
units in your facility for the past 12 months.
Figure A--Process Flow Diagram
If possible, submit diagrams that are approximately letter size
(8\1/2\ x 11 inches) and leave blank room at the edges so the
permitting authority can file or bind the diagram(s) with your
application. Submit the fewest number of diagrams that show the whole
area. Label all of your plant's discharge points with their outfall
numbers. At the top of each sheet, write your plant's name, NPDES
permit number, location (city, county, or town), the date you made the
diagram, and the number of each diagram sheet as ``page ____ of ____''
(e.g., page 2 of 4).
10. Bypass
A ``bypass'' is the intentional diversion of wastewater (e.g.,
through an arrangement of pipes, conduits, gates, and/or valves) from
any portion of your treatment plant to a discharge point before that
wastewater is fully treated. Bypasses are prohibited unless the
criteria in 40 CFR 122.41(m) are satisfied. For questions 10.a-10.c.,
provide information on both wet weather and dry weather bypasses if the
treatment plant has the ability to bypass untreated or partially
treated wastewater.
a. Provide the number of bypass incidents that occurred at your
plant during the past 12 months. Indicate whether this is an actual or
approximate number.
b. Provide the average number of hours that each bypass lasted
during the past 12 months. Indicate whether this is an actual or
approximate number.
c. Provide the average volume (in million gallons) of the bypasses
over the past 12 months. The average volume is the total number of
gallons that were diverted from your plant divided by the number of
bypasses. Indicate whether this is an actual or approximate number.
d. Describe why bypasses happen at your plant.
e. Provide information regarding the presence and use of backup
generators at your plant.
11. Discharges and Other Disposal Methods
a. Indicate whether your treatment works discharges effluent to
waters of the United States. If the answer to 11.a. is ``No,'' then go
to 11.b.
List the number of each type of outfall to waters of the United
States your treatment works has. If your plant has outfalls (other than
bypass points) that discharge something other than treated sanitary
effluent, give the total number of these outfalls and describe what
type of effluent is discharged through them.
Note: If your treatment works discharges to waters of the United
States, then you must also complete the following sections of Form
2A:
Questions 15-18;
Refer to the Application Overview section to determine
whether you must also complete the Effluent Testing Information in
Part A of the Supplemental Application Information packet.
b. A surface impoundment with no point source discharge (to waters
of the U.S.) is a holding pond or basin that is large enough to contain
all wastewaters discharged into it. It has no places where water
overflows from it. It is used for evaporation of water and very little
water seeps into the ground. Your plant must report the location of
each surface impoundment, on average how much water is placed in the
impoundment each day, and how often water is discharged into the
surface impoundment (continuous or intermittent). If your plant
discharges to more than one surface impoundment, use an additional
sheet (or sheets) to give this information for each impoundment. Attach
the additional sheet(s) to the application form. The information on the
location of the surface impoundment may be referenced on the
topographic map prepared under question 8.
c. Land application is the spraying or spreading of treated
wastewater over an area of land. If your plant applies wastewater to
land, you must list the site location, how many acres the site is, how
much water is applied (as annual average daily application), and how
often the wastewater is applied to the site (continuous or
intermittent). If your plant applies wastewater to more than
[[Page 62614]]
one site, provide the information for each site on a separate sheet (or
sheets). Attach the additional sheet(s) to your application form. The
information on the location of the surface impoundment may be
referenced on the topographic map prepared under question 8.
d. If your plant discharges treated or untreated wastewater to
another treatment works (including a municipal waste transport or
collection system), provide the information requested in question 11.d.
If your plant sends wastewater to more than one treatment works,
provide this information for each treatment works on an additional
sheet (or sheets). Attach the additional sheet(s) to your application
form. Describe how the wastewater is transported to the other treatment
works. Also provide the name and mailing address of the company that
transports your plant's wastewater to this treatment works as well as
the name, phone number, and title of the contact person at the
transportation company.
Provide the name and mailing address of each treatment works that
receives wastewater from your plant as well as the name, phone number,
and title of the contact person at the treatment works that receives
your plant's wastewater. Also, provide the NPDES number for the
treatment works, if you know it. Indicate the average daily flow, in
million gallons per day, that is sent from your plant to the other
treatment works.
e. Indicate whether your treatment works discharges, or has the
potential to discharge, through combined sewer overflows. If your
response to this question is ``Yes,'' then you must also complete Part
D of the Supplemental Application Information packet.
f. If your plant disposes of its wastewater in some way that was
not described by 11.a.-11.e., briefly describe how your plant
discharges or disposes of its wastewater. Also give the annual daily
volumes disposed of this way and indicate whether the discharge is
continuous or intermittent. Other ways to discharge or dispose include
underground percolation and well injection.
12. Federal Indian Reservation
Federal Indian Reservation means all land within the limits of any
Indian reservation under the jurisdiction of the United States
Government notwithstanding the issuance of any patent, and including
rights-of-way running through the reservation. Indicate whether your
plant is located on (i.e., within the limits of) a Federal Indian
Reservation and whether the water body into which your plant discharges
flows through a Federal Indian Reservation after it receives your plant
discharge. If you mark ``Yes'' for either of these questions, describe
which parts of your plant are located on a Federal Indian Reservation
or indicate how far upstream from a Federal Indian Reservation your
plant's discharge is.
13. Operation/Maintenance Performed by Contractor(s)
If a contractor carries out any operational or maintenance aspects
associated with wastewater treatment or effluent quality at this
facility, provide the name, mailing address, and telephone number of
each such contractor. Also provide a description of the activities
performed by the contractor. Attach additional pages if necessary.
14. Scheduled Improvements, Schedules of Implementation
Provide information on any improvements to your treatment works
that you are currently planning. Include only those improvements that
will affect the wastewater treatment, effluent quality, or design
capacity of your treatment works (such improvements may include
regionalization of treatment works). Also list the schedule for when
these improvements will be started and finished. If your treatment
works has more than one improvement planned, use a separate sheet of
paper to provide information for each one.
a. List each outfall number that is covered by the implementation
schedule. The outfall numbers you use must be the same as the ones
provided under question 15.
b. Indicate whether the planned improvements or implementation
schedules are required by or planned independently of any local, state,
or Federal agencies.
c. Provide a brief description of the improvements to be made for
the outfalls listed in question 14.a.
d. If you are submitting Form 2A for a renewal of an existing NPDES
permit and you plan to change your treatment works' influent design
flow rate, then provide the proposed new maximum daily influent design
flow rate in mgd.
e. Provide the information requested for each planned improvement.
Supply dates for the following stages of any compliance schedule. For
improvements that are planned independently of local, State, or Federal
agencies, indicate planned or actual completion dates, as applicable.
If a step has already been finished, give the date when that step was
completed.
``Begin Construction'' means the date you plan to start
construction.
``End Construction'' means the date you expect to finish
construction.
``Begin Discharge'' means the date that you expect a
discharge will start.
``Attain Operational Level'' means the date that you
expect the effluent level will meet your plant's implementation
schedule conditions.
f. Note whether your treatment works has received appropriate
permits or clearances that are required by other Federal or State
requirements. If you have received such permits, describe them.
Note: If this treatment works discharges treated wastewater to
waters of the United States, go to question 15. If this treatment
works does not discharge treated wastewater to waters of the United
States, do not complete questions 15-18. Instead, go to question 19
(Certification Statement). (You may also be required to complete
portions of the Supplemental Application Information packet.)
Effluent Discharges
Answer questions 15-17 once for each outfall through which your
treatment works discharges effluent to surface waters of the United
States. Do not include information about combined sewer overflow
discharge points. Surface water means creeks, streams, rivers, lakes,
estuaries, and oceans. If your treatment works has more than one
outfall, copy and complete questions 15-17 once for each outfall.
15. Description of Outfall
a.-e. Give the outfall number and its location. For location,
provide the city or town (if applicable); ZIP code; the county; the
state; and the latitude and longitude to the nearest second. If this
outfall is a subsurface discharge (e.g., into an estuary, lake, or
ocean), indicate how far the outfall is from shore and how far below
the water's surface it is. Measure the distances in feet. Give these
distances at the lowest point of low tide. Also provide the average
daily flow rate in million gallons per day.
f. Mark whether this outfall is a periodic or intermittent
discharge. A ``periodic discharge'' is one that happens regularly (for
example, monthly or seasonally), but is not continuous all year. An
``intermittent discharge'' is one that happens sometimes, but not
regularly. Discharges from holding ponds, lagoons, etc., may be
included as periodic or intermittent. Do not include discharges from
bypass points or combined sewer overflows in your answer. Give the
number of times per year a discharge occurs from this outfall. Also
tell how long each
[[Page 62615]]
discharge lasts and how much water is discharged, in million gallons
per day. List each month when discharge happens. If you do not have
records of exact months in which such discharges occurred, provide an
estimate based on the best available information.
g. Note whether the outfall is equipped with a diffuser. If so,
provide a brief description of the type of diffuser used (e.g., high-
rate).
16. Description of Receiving Waters
a. Indicate which type of water this outfall discharges into--
stream/river, lake, estuary, ocean, or other (describe).
b. Give the names of the surface waters to which this outfall
discharges. For example, ``Control Ditch A, then into Stream B, then
into River C, and finally into River D in River Basin E.''
c. Provide the name of the watershed/river/stream system in which
the receiving water (identified in question 16.b.) is located. If
known, also provide the 14-digit watershed code assigned to this
watershed by the U.S. Soil Conservation Service.
d. Provide the name of the State Management/River Basin into which
this outfall discharges. If known, also provide the 8-digit hydrologic
cataloging unit code assigned by the U.S. Geological Survey.
e. If the water body is a river or stream, provide the acute and
chronic critical low flow in cubic feet per second (cfs). If you are
unsure of these numbers, the U.S. Geological Survey may be able to give
them to you. Or you may be able to get these numbers from prior
studies.
f. Give the total hardness of the receiving stream at critical low
flow, in milligrams per liter of CaCO3, if applicable.
17. Description of Treatment
a. Indicate the highest level of treatment that your plant provides
for the discharge from this outfall.
b. Give the design removal rates, in percent, for biochemical
oxygen demand (BOD5) or carbonaceous biochemical oxygen demand
(CBOD5), suspended solids (SS), phosphorus (P), and nitrogen (N).
c. Describe the type of disinfection your plant uses (for example,
chlorination, ozonation, ultraviolet, etc.) and any seasonal variation
that may occur. If your plant uses chlorination, indicate whether it
also dechlorinates.
d. Note whether the facility has post aeration.
Effluent Testing Data
18. Effluent Testing Information: Conventional and Nonconventional
Pollutants
All applicants that discharge effluent to waters of the United
States must complete question 18. Refer to the Application Overview
section to determine if you must also complete the Effluent Testing
Information in Part A of the Supplemental Application Information
packet.
Do not include information about combined sewer overflow discharge
points in question 18.
Refer to the following table to determine which effluent testing
information questions you must complete and to determine the number of
pollutant scans on which to base your data.
------------------------------------------------------------------------
Minimum No.
of scans
Treatment works characteristics Form 2A requirements (see
Appendix A)
------------------------------------------------------------------------
Design flow rate less than Question 18.......... 3
1 mgd, and.
Not required to have (or
does not have) a pretreatment
program.
Design flow rate greater Question 18 and Part 3
than or equal to 1 mgd, or . A of Supplemental
Application
Information Packet.
Required to have a
pretreatment program (or has one
in place), or.
Otherwise required by the
permitting authority to provide
the data.
------------------------------------------------------------------------
Complete question 18 once for each outfall through which effluent
is discharged to waters of the United States. Indicate on each page the
outfall number (as assigned in questions 15-17) for which the data are
provided. Using the blank rows provided on the form, submit any data
the facility may have for pollutants not specifically listed in
question 18.
For specific instructions on completing the pollutant tables in
question 18, refer to Appendix A of these instructions.
Certification
19. Certification
Note: Before completing the Certification statement, review the
Application Overview section on the cover page of Form 2A to make
sure that you have completed all applicable sections of Form 2A,
including any parts of the Supplemental Application Information
packet.
All permit applications must be signed and certified. Also indicate
in the boxes provided which sections of Form 2A you are submitting with
this application.
An application submitted by a municipality, State, Federal, or
other public agency must be signed by either a principal executive
officer or ranking elected official. A principal executive officer of a
Federal agency includes: (1) The chief executive officer of the agency,
or (2) a senior executive officer having responsibility for the overall
operations of a principal geographic unit of the agency (e.g., Regional
Administrators of EPA).
An application submitted by a corporation must be signed by a
responsible corporate officer. A responsible corporate officer means:
(1) A president, secretary, treasurer, or vice president in charge of a
principal business function, or any other person who performs similar
policy- or decision-making functions; or (2) the manager of
manufacturing, production, or operating facilities employing more than
250 persons or having gross annual sales or expenditures exceeding $25
million (in second quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
An application submitted by a partnership or sole proprietorship
must be signed by a general partner or the proprietor, respectively.
After completing the certification statement (all applicable
sections of Form 2A must also be complete), submit the application to:
Supplemental Application Information Packet
EPA has developed Form 2A in a modular format, consisting of two
packets: the Basic Application Information packet and the Supplemental
Application Information packet. At a minimum, all applicants must
complete the Basic Application Information packet. As directed by the
Application Overview section on the
[[Page 62616]]
cover page of the form, certain applicants will also need to complete
one or more parts of the Supplemental Application Information packet.
The Supplemental Application Information packet is divided into the
following parts:
Part A Expanded Effluent Testing Data
Part B Toxicity Testing Data
Part C Industrial User Discharges, Pretreatment, and RCRA/
CERCLA Wastes
Part D Combined Sewer Systems
Refer to the Application Overview section to determine which
part(s) of the Supplemental Application Information packet you must
complete.
Part A: Expanded Effluent Testing Data
Paperwork Reduction Act Notice: The public reporting and
recordkeeping burden for this collection of information (Part A:
Expanded Effluent Data) is estimated to average 5.7 hours per
response. This estimate includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing
and providing information; adjust the existing ways to comply with
any previously applicable instructions and requirements; train
personnel to respond to a collection of information; search existing
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information. An Agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.
Send comments regarding the burden estimate or any other aspect
of this collection of information, including suggestions for
reducing the burden, to Chief, OPPE Regulatory Information Division,
U.S. Environmental Protection Agency (2136), 401 M St., SW.,
Washington, DC 20460; and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th St.,
NW., Washington, DC 20503, Attention: Desk Officer for EPA. Include
the OMB control number in any correspondence. Do not send the
completed application form to these addresses.
Note: All applicants that discharge effluent to waters of the
United States must complete question 18 of the Basic Application
Information packet. Refer to the Application Overview section to
determine if you must also complete the Effluent Testing Information
in Part A of the Supplemental Application Information packet.
Refer to the following table to determine which effluent testing
information questions you must complete and to determine the number of
pollutant scans on which to base your data.
------------------------------------------------------------------------
Minimum No.
of scans
Treatment works characteristics Form 2A requirements (see
appendix A)
------------------------------------------------------------------------
Design flow rate less than Question 18.......... 3
1 mgd, and.
Not required to have (or ..................... ............
does not have) a pretreatment
program.
Design flow rate greater Question 18 and Part 3
than or equal to 1 mgd, or. A of Supplemental
Application
Information Packet.
Required to have a ..................... ............
pretreatment program (or has one
in place) or.
Otherwise required by the ..................... ............
permitting authority to provide
the date.
------------------------------------------------------------------------
The following instructions apply only to treatment works completing
Part A of the Supplemental Application Information packet. Note that
the permitting authority may require additional testing on a case-by-
case basis.
Complete Part A once for each outfall through which effluent is
discharged to waters of the United States. Indicate on each page the
outfall number (as assigned in questions 15-17 of the Basic Application
Information packet) for which the data are provided. Using the blank
rows provided on the form, submit any data the facility may have for
pollutants not specifically listed in Part A.
For specific instructions on completing the pollutant tables in
Part A, refer to Appendix A of these instructions.
Note: After completing Part A, refer to the Application Overview
section to determine which other sections of Form 2A you must
complete. If you have completed all other required sections of Form
2A, you may proceed to the Certification Statement in question 19 of
the Basic Application Information packet.
Part B. Toxicity Testing Data
Paperwork Reduction Act Notice: The public reporting and
recordkeeping burden for this collection of information (Part B:
Toxicity Testing Data) is estimated to average 4.5 hours per
response. This estimate includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing
and providing information; adjust the existing ways to comply with
any previously applicable instructions and requirements; train
personnel to respond to a collection of information; search existing
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information. An Agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.
Send comments regarding the burden estimate or any other aspect
of this collection of information, including suggestions for
reducing the burden, to Chief, OPPE Regulatory Information Division,
U.S. Environmental Protection Agency (2136), 401 M St., S.W.,
Washington, DC 20460; and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th St.,
N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include
the OMB control number in any correspondence. Do not send the
completed application form to these addresses.
Treatment works meeting one or more of the following criteria must
submit the results of whole effluent toxicity testing:
1. Treatment works with a design influent flow rate greater than or
equal to one mgd; or
2. Treatment works with an approved pretreatment program (as well
as those required to have one); or
3. Treatment works otherwise required by the permitting authority
to submit the results of whole effluent toxicity testing.
Applicants completing Part B must submit the results from any whole
effluent toxicity test conducted during the past three years that have
not been reported or submitted to the permitting authority for each
outfall discharging effluent to the waters of the United States. Do not
include information on combined sewer overflows in this section. If the
applicant conducted a whole effluent toxicity test during the past
three years that revealed toxicity, then provide any information
available on the cause of the toxicity or any results of a toxicity
reduction evaluation, if one was conducted.
Test results provided in Part B must be based on multiple species
being
[[Page 62617]]
tested quarterly for a minimum of one year. For multiple species, EPA
requires a minimum of two species (e.g., vertebrates and
invertebrates). The permitting authority may require the applicant to
include other species (e.g., plants) as well. Applicants must provide
these tests for acute or chronic toxicity, depending on the range of
the receiving water dilution. EPA recommends that applicants conduct
acute or chronic toxicity testing based on the following dilutions:
Acute toxicity testing if the dilution of the effluent is
greater than 1000:1 at the edge of the mixing zone.
Acute or chronic toxicity testing if the dilution of the
effluent is between 100:1 and 1000:1 at the edge of the mixing zone.
Acute testing may be more appropriate at the higher end of this range
(1000:1), and chronic testing may be more appropriate at the lower end
of this range (100:1).
Chronic toxicity testing if the dilution of the effluent
is less than 100:1 at the edge of the mixing zone.
All data provided in Part B must be based on tests performed within
three years prior to completing this application. The tests must have
been conducted since the last NPDES permit issuance or permit
modification under 40 CFR 122.62(a). In addition, applicants only need
to submit data that have not previously been submitted to the
permitting authority. Thus, if test data have already been submitted
(within the last three years) in accordance with an issued NPDES
permit, the treatment works may note the dates the tests were submitted
and need not fill out the information requested in question B.2. for
that test.
Additional copies of Part B may be used in submitting the required
information. A permittee having no significant toxicity in the effluent
over the past year and who has submitted all toxicity test results
through the end of the calendar quarter preceding the time of permit
application would need to supply no additional data as toxicity testing
data as part of this application. Instead, the applicant should
complete question B.4., which requests a summary of bioassay test
information already submitted. (See below for more detailed
instructions on completing question B.4.)
Where test data are requested to be reported, the treatment works
has the option of reporting the requested data on Form 2A or on reports
supplied by the laboratories conducting the testing, provided the data
requested are complete and presented in a logical fashion. The
permitting authority reserves the right to request that the data be
reported on Form 2A.
B.1. Required Tests
a. Provide the total number of chronic and acute whole effluent
toxicity tests conducted in the past three years. A ``chronic''
toxicity test continues for a relatively long period of time, often
one-tenth the life span of the organism or more. An ``acute'' toxicity
test is one in which the effect is observed in 96 hours or less.
B.2. Individual Test Data
Complete B.2. for each test conducted in the last three years for
which data has not been submitted. Use the columns provided on the form
for each test and specify the test number at the top of each column.
Use additional copies of question B.2. if more than three tests are
being reported. The parameters listed on the form are based on EPA-
recommended test methods. Permittees may be required by the permitting
authority to submit additional test parameter data for the purposes of
quality assurance.
If the treatment works is conducting whole effluent toxicity tests
and reporting its results in accordance with an NPDES permit
requirement, then the treatment works may note the dates the tests were
submitted and need not fill out the information requested in question
B.2. for those tests (unless otherwise required by the permitting
authority).
a. Provide the information requested on the form for each test
reported. Under ``Test species,'' provide the scientific name of the
organism used in the test. The ``Outfall number'' reported must
correlate to the outfall numbers listed in questions 15-17 of the Basic
Application Information packet.
b. Provide the source of the toxicity test methods followed. In
conducting the tests, the treatment works must use methods approved in
accordance with 40 CFR Part 136 [Note: Approved methods are currently
under development].
c. Indicate whether 24-hour composite or grab samples were used for
each test. For multiple grab samples, provide the number of grab
samples used. Refer to Appendix A of the instructions for a definition
of composite and grab samples.
d. Indicate whether the sample was taken before or after
disinfection and/or after dechlorination.
e. Provide a description of the point in the treatment process at
which the sample was collected.
f. Indicate whether the test was intended to assess chronic or
acute toxicity.
g. Indicate which type of test was performed. A ``static'' test is
a test performed with a single constant volume of water. In a ``static-
renewal'' test, the volume of water is renewed at discrete intervals.
In a ``flow-through'' test, the volume of water is renewed
continuously.
h. Indicate whether laboratory water or the receiving water of the
tested outfall was used as the source of dilution water. If laboratory
water was used, provide the type of water used.
i. Indicate whether fresh or salt water was used as the dilution
water. For salt water, specify whether the salt water was natural or
artificial (specify the type of artificial water used).
j. For each concentration in the test series, provide the
percentage of effluent used.
k. Provide the minimum and maximum parameters measured during the
test for pH, salinity, temperature, ammonia, and dissolved oxygen.
l. Provide the results of each test performed. For acute toxicity
tests, provide the percent survival of the test species in 100 percent
effluent. Also provide the LC50 (Lethal Concentration to 50
percent) of the test. ``LC50'' is the effluent (or toxicant)
concentration estimated to be lethal to 50 percent of the test
organisms during a specific period. Indicate any other test results in
the space provided.
For chronic toxicity tests, provide data at the most sensitive
endpoint. While this is generally expressed as a ``NOEC'' (No Observed
Effect Concentration), it may be expressed as an ``Inhibition
Concentration'' (e.g., ``IC25''--Inhibition Concentration to 25
percent). The NOEC is the highest measured concentration of an effluent
(or a toxicant) at which no significant adverse effects are observed on
the test organisms at a specific time of observation. The IC25 is
the effluent (or toxicant) concentration estimated to cause a 25
percent reduction in reproduction, fecundity, growth, or other non-
quantal biological measurements. Indicate any other test results in the
space provided.
m. Provide the mortality (in percent) of the control group.
Indicate any other relevant information about the control group in the
space provided.
B.3. Toxicity Reduction Evaluation
A Toxicity Reduction Evaluation (TRE) is a site-specific study
conducted in a stepwise process designed to identify the causative
agents of effluent toxicity, evaluate the effectiveness of
[[Page 62618]]
toxicity control options, and then confirm the reduction in effluent
toxicity. If the treatment works is conducting a TRE as part of a NPDES
permit requirement or enforcement order, then you only need to provide
the date of the last progress report concerning the TRE in the area
reserved for details of the TRE.
B.4. Summary of Submitted Biomonitoring Test Information
As stated above, applicants that have already submitted the results
of biomonitoring test information over the past three years do not need
to resubmit this data with Form 2A. Instead, indicate in question B.4.
the date you submitted each report and provide a summary of the test
results for each report. Include in this summary the following
information: the outfall number and collection dates of the samples
tested, dates of testing, toxicity testing method(s) used, and a
summary of the results from the test (e.g, 100% survival in 40%
effluent).
Note: After completing Part B, refer to the Application Overview
section to determine which other sections of Form 2A you must
complete. If you have completed all other required sections of Form
2A, you may proceed to the Certification Statement in question 19 of
the Basic Application Information packet.
Part C. Industrial User Discharges, Pretreatment, and RCRA/CERCLA
Wastes
Paperwork Reduction Act Notice: The public reporting and
recordkeeping burden for this collection of information (Part C:
Industrial User Discharges, Pretreatment, and RCRA/CERCLA Wastes) is
estimated to average 4.3 hours per response. This estimate includes
the time needed to review instructions; develop, acquire, install,
and utilize technology and systems for the purposes of collecting,
validating, and verifying information, processing and maintaining
information, and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions
and requirements; train personnel to respond to a collection of
information; search existing data sources; complete and review the
collection of information; and transmit or otherwise disclose the
information. An Agency may not conduct or sponsor, and a person is
not required to respond to a collection of information unless it
displays a currently valid OMB control number.
Send comments regarding the burden estimate or any other aspect
of this collection of information, including suggestions for
reducing the burden, to Chief, OPPE Regulatory Information Division,
U.S. Environmental Protection Agency (2136), 401 M St., S.W.,
Washington, DC 20460; and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th St.,
N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include
the OMB control number in any correspondence. Do not send the
completed application form to these addresses.
All treatment works receiving discharges from significant
industrial users (SIUs) or facilities that receive RCRA or CERCLA
wastes must complete Part C.
A ``categorical industrial user'' is an industrial user that is
subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40
CFR Chapter I, Subchapter N, which are technology-based standards
developed by EPA setting industry-specific effluent limits. (A list of
Industrial Categories subject to Categorical Pretreatment Standards is
included in Appendix B.)
A ``significant industrial user'' is defined in 40 CFR 403.3(t) as
an industrial user that:
(1) is subject to Categorical Pretreatment Standards under 40 CFR
403.6 and 40 CFR Chapter I, Subchapter N; and
(2) any other industrial user that: discharges an average of 25,000
gallons per day or more of process wastewater to the treatment works
(excluding sanitary, non-contact cooling and boiler blowdown
wastewater); contributes a process wastestream that makes up 5 percent
or more of the average dry weather hydraulic or organic capacity of the
treatment works; or is designated as such by the Control Authority as
defined in 40 CFR 403.12(a) on the basis that the industrial user has a
reasonable potential for adversely affecting the treatment works
operation or for violating any pretreatment standard or requirement (in
accordance with 40 CFR 403.8(f)(6)).
An ``industrial user'' means any industrial or commercial entity
that discharges wastewater that is not domestic wastewater. Domestic
wastewater includes wastewater from connections to houses, hotels, non-
industrial office buildings, institutions, or sanitary waste from
industrial facilities. The number of ``industrial users'' is the total
number of industrial and commercial users that discharge to the
treatment works.
For the purposes of completing the application form, please provide
information on non-categorical SIUs and categorical industrial users
separately.
General Information
C.1. Number of Industrial Users
Provide the number of SIUs and the number of categorical industrial
users only that discharge to your treatment works.
C.2. Average Daily Flow From Industrial Users
Provide an estimate of the daily flow of wastewater, in mgd,
received from all industrial users, significant industrial users only,
and categorical industrial users only.
C.3. Industrial User Contributions
Estimate the contribution (in terms of the percent of total daily
influent) from all industrial users, significant industrial users only,
categorical industrial users only, and domestic sources only.
C.4. Pretreatment Program
Indicate whether the treatment works has an approved pretreatment
program. An ``approved pretreatment program'' is a program administered
by a treatment works that meets the criteria established in 40 CFR
403.8 and 403.9 and that has been approved by a Regional Administrator
or State Director. If the answer to question C.4. is no, go to C.5.
Naote If this treatment works has or is required to have a
pretreatment program, you must also complete Parts A and B of the
Supplemental Application Information packet.
If the treatment works has an approved pretreatment program,
identify any substantial modifications to the POTW's approved
pretreatment program that have not been approved in accordance with 40
CFR 403.18.
Significant Industrial User (SIU) Information
All treatment works that receive discharges from SIUs must complete
questions C.5.-C.10.
If your treatment works receives wastewater from more than one SIU,
complete questions C.5.-C.10. once for each SIU.
C.5. Significant Industrial User Information
Provide the name and mailing address of each SIU. Submit additional
pages as necessary.
C.6. Industrial Processes
Describe the actual process(es) (rather than simply listing them)
at the SIU that affect or contribute to the SIU's discharge. For
example, in describing a metal finishing operation, include such
information as how the product is cleaned prior to finishing, what type
of plating baths are in operation (e.g., nickel, chromium), how paint
is applied, and how the product is polished. Attach additional sheets
if necessary.
[[Page 62619]]
C.7. Principal Product(s) and Raw Material(s)
List principal products that the SIU generates and the raw
materials used to manufacture the products.
C.8. Flow Rate
``Process wastewater'' means any water that, 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. Indicate the average daily
volume, in gallons per day, of process wastewater and non-process
wastewater that the SIU discharges into the collection system. Specify
whether the discharges are continuous or non-continuous.
C.9. Pretreatment Standards
Indicate whether the SIU is subject to local limits and categorical
pretreatment standards. ``Local limits'' are enforceable local
requirements developed by treatment works to address Federal standards
as well as state and local regulations.
``Categorical pretreatment standards'' are national technology-
based standards developed by EPA, setting industry-specific effluent
limits. These standards are implemented by 40 CFR 403.6.
C.10. Problems at the Treatment Works Attributed to Waste Discharged by
the SIU
Provide information concerning any problems the treatment works has
experienced that are attributable to discharges from the SIUs. Problems
may include upsets or interference at the plant, corrosion in the
collection system, or other similar events.
RCRA Hazardous Waste Received by Truck, Rail or Dedicated Pipeline
C.11. RCRA Waste
As defined in Section 1004(5) of the Resource Conservation and
Recovery Act (RCRA), ``Hazardous waste'' means ``a solid waste, or
combination of solid wastes, which because of its quantity,
concentration, or physical, chemical or infectious characteristics may:
(A) cause or significantly contribute to an increase in mortality
or an increase in serious irreversible, or incapacitating reversible,
illness; or
(B) pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, or
disposed of, or otherwise managed.''
Those solid wastes that are considered hazardous are listed under
40 CFR Part 261. Treatment works that accept hazardous wastes by truck,
rail, or dedicated pipeline (a pipeline that is used to carry hazardous
waste directly to a treatment works without prior mixing with domestic
sewage) within the property boundary of the treatment works are
considered to be hazardous waste treatment, storage, and disposal
facilities (TSDFs) and, as such, are subject to regulations under RCRA.
Under RCRA, mixtures of domestic sewage and other wastes that commingle
in the treatment works collection system prior to reaching the property
boundary, including those wastes that otherwise would be considered
hazardous, are excluded from regulation under the domestic sewage
exclusion. Hazardous wastes that are delivered directly to the
treatment works by truck, rail, or dedicated pipeline do not fall
within the exclusion. Hazardous wastes received by these routes may
only be accepted by treatment works if the treatment works complies
with applicable RCRA requirements for TSDFs.
Applicants completing questions C.11.-C.13. should have indicated
all points at which RCRA hazardous waste enters the treatment works by
truck, rail, or dedicated pipe in the map provided in question 8 of the
Basic Application Information packet.
C.12. Waste Transport
Indicate the method by which RCRA waste is received at the
treatment works.
C.13. Waste Description
Provide the EPA hazardous waste numbers, which are located in 40
CFR Part 261, Subparts C & D, and the amount (in volume or mass)
received.
CERCLA (Superfund) Wastewater and RCRA Remediation/Corrective Action
Wastewater
Substances that are regulated under Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) are described and
listed in 40 CFR Part 302. Questions C.14.-C.22. apply to the type,
origin, and treatment of CERCLA wastes currently (or expected to be)
discharged to the treatment works.
C.14. CERCLA Waste
Indicate whether this treatment works currently receives waste from
a CERCLA (Superfund) site or plans to accept waste from a CERCLA site
in the next five years. If it does, provide the information requested
in C.15-C.17.
If the treatment works receives, or plans to receive, CERCLA waste
from more than one site, complete questions C.15-C.17, once for each
site.
C.15. Waste Origin
Provide information about the CERCLA site that is discharging waste
to the treatment works. Information must include a description of the
type of facility and an EPA identification number if one exists.
C.16. Pollutants
Provide a list of the pollutants that are or will be discharged by
the CERCLA site and the volume and concentration of such pollutants.
C.17. Waste Treatment
Provide information concerning the treatment used (if any) by the
CERCLA site to treat the waste prior to discharging it to the treatment
works. The information should include a description of the treatment
technology, information on the frequency of the discharge (continuous
or intermittent) and any data concerning removal efficiency.
C.18. RCRA Corrective Action Waste
Indicate whether this treatment works currently receives RCRA
Corrective Action Waste or plans to accept RCRA Corrective Action Waste
in the next five years. If it does, provide the information requested
in C.19.-C.21.
If there is more than one site from which RCRA Corrective Action
Waste is, or is expected to be, received, attach additional sheets with
the information requested in questions C.19.-C.21. for each site.
C.19. Waste Origin
Provide a description of the site and of the type of facility that
discharges or is expected to discharge the RCRA corrective action
waste.
C.20. Pollutants
Provide a list of the pollutants that are or will be discharged by
each RCRA corrective action site.
C.21. Waste Treatment
Provide information concerning the treatment used (if any) by the
RCRA corrective action site to treat the waste prior to discharging it
to the treatment works. The information should include a description of
the treatment technology, any data concerning removal efficiency, and
information on the frequency of the discharge (continuous or
intermittent). If the discharge is intermittent, describe the discharge
schedule.
C.22. Other Wastes From Remediation/Clean-up Sites
Describe any wastewater received or expected to be received from
leaking
[[Page 62620]]
underground tank remediation sites and from remediation/cleanup sites
that are regulated by other laws (state, municipal, etc.).
Note: After completing Part C, refer to the Application Overview
section to determine which other sections of Form 2A you must
complete. If you have completed all other required sections of Form
2A, you may proceed to the Certification Statement in question 19 of
the Basic Application Information packet.
Part D. Combined Sewer Systems
Paperwork Reduction Act Notice: The public reporting and
recordkeeping burden for this collection of information (Part D:
Combined Sewer Systems) is estimated to average 8.2 hours per
response. This estimate includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing
and providing information; adjust the existing ways to comply with
any previously applicable instructions and requirements; train
personnel to respond to a collection of information; search existing
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information. An Agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.
Send comments regarding the burden estimate or any other aspect
of this collection of information, including suggestions for
reducing the burden, to Chief, OPPE Regulatory Information Division,
U.S. Environmental Protection Agency (2136), 401 M St., S.W.,
Washington, DC 20460; and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th St.,
N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include
the OMB control number in any correspondence. Do not send the
completed application form to these addresses.
D.1. Combined Sewer Overflow (CSO) Discharge Points
A combined sewer system collects a mixture of both sanitary
wastewater and storm water runoff.
Indicate the number of CSO discharge points in the combined sewer
system covered by this application. Complete questions D.5.-D.9. once
for each discharge point. Attach additional pages as necessary.
D.2. System Map
Indicate on a system map all CSO discharge points. For each such
point, indicate any sensitive use areas and any waters supporting
threatened or endangered species that are potentially affected by CSOs.
Sensitive use areas include beaches, drinking water supplies, shellfish
beds, sensitive aquatic ecosystems, and outstanding natural resource
waters.
Applicants may provide the information requested in question D.2.
on the map submitted in response to question 8 in the Basic Application
Information packet.
All maps should be either on paper or other material appropriate
for reproduction. If possible, all sheets should be approximately
letter size with margins suitable for filing and binding. As few sheets
should be used as necessary to show clearly what is involved. All
discharge points should be identified by outfall number. Each sheet
should be labeled with the applicant's name, NPDES permit number,
location (city, county, or town), date of drawing, and designation of
the number of sheets of each diagram as ``page ________ of ________.''
D.3. System Diagram
Diagram the location of combined and separate sanitary major sewer
trunk lines and indicate any connections where separate sanitary sewers
feed into the combined sewer system. Clearly indicate the location of
all flow controlling devices in the system. Include storage equipment,
flow regulating devices, and pump stations. Also indicate the areas of
drainage associated with each CSO and the pumping capacity of each pump
station.
The drawing should be either on paper or other material appropriate
for reproduction. If possible, all sheets should be approximately
letter size with margins suitable for filing and binding. As few sheets
should be used as necessary to show clearly what is involved. All
discharge points should be identified by outfall number. Each sheet
should be labeled with the applicant's name, NPDES permit number,
location (city, county, or town), date of drawing, and designation of
the number of sheets of each diagram as ``page ________ of ________''.
D.4. System Evaluation
List any studies that have been performed on the combined sewer
system since the last permit application, including inflow/infiltration
studies, engineering studies, hydraulic studies, and water quality
studies.
CSO Outfalls
Fill out a copy of questions D.5.-D.9. once for each CSO discharge
point. Attach additional pages as necessary.
D.5. Description of Outfall
a.-d. Provide the outfall number and location (including city or
town if applicable, state, county, and latitude and longitude to the
nearest second). For subsurface discharges (e.g., discharges to lakes,
estuaries, and oceans), provide the distance (in feet) of the discharge
point from the shore and the depth (in feet) of the discharge point
below the surface of the discharge point. Provide these distances at
the lowest point of low tide.
D.6. Monitoring
Indicate whether rainfall, CSO flow volume, CSO water quality, and/
or receiving water quality were monitored during the past 12 months.
Provide the number of storm events monitored during the past 12 months
as well.
D.7. CSO Incidents
a. Provide the number of CSO incidents that have occurred in the
past 12 months. Indicate whether this is an actual or approximate
number.
b. Provide the average duration (in hours) per CSO event. Indicate
whether this is an actual or approximate value.
c. Provide the average volume (in million gallons) of discharge per
CSO incidents over the past 12 months. Indicate whether this is an
actual or approximate number.
d. Provide the minimum amount of rainfall that caused a CSO
incident in the past 12 months.
D.8. Description of Receiving Waters
a. Indicate the type of water body into which the CSO outfall
(identified in D.5.a.) discharges.
b. List the name(s) of immediate receiving waters starting at the
CSO discharge point and moving downstream. For example, ``Control Ditch
A, thence to Stream B, thence to River C, and thence to River D in the
River Basin E.''
c. Provide the name of the watershed/river/stream system in which
the receiving water (identified in question D.8.b.) is located. If
known, also provide the 14-digit watershed code assigned to this
watershed by the U.S. Soil Conservation Service.
d. Provide the name of the State Management/River Basin into which
this outfall discharges. If known, also provide the 8-digit hydrologic
cataloging unit code assigned by the U.S. Geological Survey.
D.9. CSO Operations
a. Indicate whether wastewater from significant industrial users
(refer to the instructions to Part C for a definition) can enter the
combined sewer system.
b. Provide a description of any known water quality impacts on the
receiving water caused by CSO from this discharge point.
[[Page 62621]]
Note: After completing Part D, refer to the Application Overview
section to determine which other sections of Form 2A you must
complete. If you have completed all other required sections of Form
2A, you may proceed to the Certification Statement in question 19 of
the Basic Application Information packet.
Appendix A--Guidance for Completing the Effluent Testing Information
All Treatment Works
All applicants must provide data for each of the pollutants in
question 18 of the Basic Application Information packet. Some
applicants must also provide data for the pollutants in Part A of the
Supplemental Application Information packet. All applicants submitting
effluent testing data must base this data on a minimum of three
pollutant scans. All samples analyzed must be representative of the
discharge from the sampled outfall.
If you have existing data that fulfills the requirements described
below, you may use that data in lieu of conducting additional sampling.
If you measure more than the required number of daily values for a
pollutant and those values are representative of your wastestream, you
must include them in the data you report. In addition, use the blank
rows provided on the form to provide any existing sampling data that
your facility may have for pollutants not listed in the appropriate
sections. All data provided in the application must be based on samples
taken within three years prior to the time of this permit application.
Sampling data must be representative of the treatment works'
discharge and take into consideration seasonal variations. At least two
of the samples used to complete the effluent testing information
questions must have been taken no fewer than 4 months and no more than
8 months apart. For example, one sample may be taken in April and
another in October to meet this requirement. Applicants unable to meet
this time requirement due to periodic, discontinuous, or seasonal
discharges can obtain alternative guidance on this requirement from
their permitting authority.
The collection of samples for the reported analyses should be
supervised by a person experienced in performing wastewater sampling.
Specific requirements contained in the applicable analytical methods
should be followed for sample containers, sample preservation, holding
times, and collection of duplicate samples. Samples should be taken at
a time representative of normal operation. To the extent feasible, all
processes that contribute to wastewater should be in operation and the
treatment system should be operating properly with no system upsets.
Samples should be collected from the center of the flow channel (where
turbulence is at a maximum), at a location specified in the current
NPDES permit, or at any location adequate for the collection of a
representative sample.
A minimum of four grab samples must be collected for pH,
temperature, cyanide, total phenols, residual chlorine, oil and grease,
fecal coliform, E. coli, and enterococci (applicants need only provide
data on either fecal coliform or E. coli and enterococci). For all
other pollutants, 24-hour composite samples must be collected. However,
a minimum of one grab sample, instead of a 24-hour composite, may be
taken for effluent from holding ponds or other impoundments that have a
retention period greater than 24 hours.
Grab and composite samples are defined as follows:
Grab sample: an individual sample of at least 100
milliliters collected randomly for a period not exceeding 15 minutes.
Composite sample: a sample derived from two or more
discrete samples collected at equal time intervals or collected
proportional to the flow rate over the compositing period. The
composite collection method may vary depending on pollutant
characteristics or discharge flow characteristics.
The permitting authority may allow or establish appropriate site-
specific sampling procedures or requirements, including sampling
locations, the season in which sampling takes place, the duration
between sampling events, and protocols for collecting samples under 40
CFR Part 136. Contact EPA or the State permitting authority for
detailed guidance on sampling techniques and for answers to specific
questions. The following instructions explain how to complete each of
the columns in the pollutant tables in the effluent testing information
sections of Form 2A.
Maximum Daily Discharge. For composite samples, the daily discharge
is the average pollutant concentration and total mass found in a
composite sample taken over a 24-hour period. For grab samples, the
daily discharge is the arithmetic or flow-weighted total mass or
average pollutant concentration found in a series of at least four grab
samples taken during the operating hours of the treatment works during
a 24-hour period.
To determine the maximum daily discharge values, compare the daily
discharge values from each of the sample events. Report the highest
total mass and highest concentration level from these samples.
``Concentration'' is the amount of pollutant that is
present in a sample with respect to the size of the sample. The daily
discharge concentration is the average concentration of the pollutant
throughout the 24-hour period.
``Mass'' is calculated as the total mass of the pollutant
discharged over the 24-hour period.
All data must be reported as both concentration and mass
(where appropriate). Use the following abbreviations in the columns
headed ``Units.''
ppm Parts per million.
gpd Gallons per day.
mgd Million gallons per day.
su Standard units.
mg/l Milligrams per liter.
ppb Parts per billion.
ug/l Micrograms per liter.
lbs Pounds.
ton Tons (English tons).
mg Milligrams.
g Grams.
kg Kilograms.
T Tonnes (metric tons).
Average Daily Discharge. The average daily discharge is determined
by calculating the arithmetic mean daily pollutant concentration and
the arithmetic mean daily total mass of the pollutant from each of the
sample events within the three years prior to this permit application.
Report the concentration, mass, and units used under the Average Daily
Discharge column, along with the number of samples on which the average
is based. Use the unit abbreviations shown above in ``Maximum Daily
Discharge.''
If data requested in Form 2A have been reported on the treatment
works' Discharge Monitoring Reports (DMRs), you may compile such data
and report it under the maximum daily discharge and the average daily
discharge columns of the form.
Analytical Method. All information reported must be based on data
collected through analyses conducted using 40 CFR Part 136 methods.
Applicants should use methods that enable pollutants to be detected at
levels adequate to meet water quality-based standards. Where no
approved method can detect a pollutant at the water quality-based
standards level, the most sensitive approved method should be used. If
the applicant believes that an alternative method should be used (e.g.,
due to matrix interference), the applicant should obtain prior approval
from the permitting authority. If an alternative method is specified in
the existing permit, the applicant should
[[Page 62622]]
use that method unless otherwise directed by the permitting authority.
Where no approved analytical method exists, an applicant may use a
suitable method but must provide a description of the method. For the
purposes of the application, ``suitable method'' means a method that is
sufficiently sensitive to measure as close to the water quality-based
standard as possible.
Indicate the method used for each pollutant in the ``Analytical
Method'' column of the pollutant tables. If a method has not been
approved for a pollutant for which you are providing data, you may use
a suitable method to measure the concentration of the pollutant in the
discharge, and provide a detailed description of the method used or a
reference to the published method. The description must include the
sample holding time, preservation techniques, and the quality control
measures used. In such cases, indicate the method used and attach to
the application a narrative description of the method used.
Reporting Levels. The applicant should provide the method detection
limit (MDL), minimum level (ML), or other designated method endpoint
reflecting the precision of the analytical method used.
All analytical results must be reported using the actual numeric
values determined by the analysis. In other words, even where
analytical results are below the detection or quantitation level of the
method used, the actual data should be reported, rather than reporting
``non-detect'' (``ND'') or ``zero'' (``0''). Because the endpoint of
the method has also been reported along with the test results, the
permitting authority will be able to determine if the data are in the
``non-detect'' or ``below quantitation'' range.
For any dilutions made and any problems encountered in the
analysis, the applicant should attach an explanation and any supporting
documentation with the application. For GC/MS, report all results found
to be present by spectral confirmation (i.e., quantitation limits or
detection limits should not be used as a reporting threshold for GC/
MS).
Total Recoverable Metals. Total recoverable metals are measured
from unfiltered samples using EPA methods specified in 40 CFR Part
136.3. A digestion procedure is used to solubilize suspended materials
and destroy possible organic metal complexes. The method measures
dissolved metals plus those metals recovered from suspended particles
by the method digestion.
Appendix B: Industrial Categories Subject to National Categorical
Pretreatment Standards
Industrial Categories With Pretreatment Standards in Effect
Aluminum Forming
Asbestos Manufacturing
Battery Manufacturing
Builder's Paper and Board Mills
Carbon Black Manufacturing
Coil Coating
Copper Forming
Electrical and Electronic Components
Electroplating
Feedlots
Ferroalloy Manufacturing
Fertilizer Manufacturing
Glass Manufacturing
Grain Mills Manufacturing
Ink Formulating
Inorganic Chemicals
Iron and Steel Manufacturing
Leather Tanning and Finishing
Metal Finishing
Metal Molding and Casting
Nonferrous Metals Forming and Metal Powders
Nonferrous Metals Manufacturing
Organic Chemicals, Plastics and Synthetic Fibers
Paint Formulating
Paving and Roofing
Pesticide Manufacturing
Petroleum Refining
Pharmaceutical Manufacturing
Porcelain Enameling
Pulp, Paper and Paperboard
Rubber Manufacturing
Soap and Detergents Manufacturing
Steam Electric Power Generating
Sugar Processing
Timber Products Manufacturing
Industrial Categories With Effluent Guidelines Currently Under
Development (Proposed and Final Action Dates)
Pulp, Paper, and Paperboard (12/17/93-TBD)
Pesticide Formulating, Packaging, and Repackaging (4/14/94-8/95)
Centralized Waste Treatment (12/15/94-9/96)
Pharmaceutical Manufacturing (2/95-8/96)
Metal Products and Machinery, Phase I (3/95-9/96)
Industrial Laundries (12/96-12/98)
Transportation Equipment Cleaning (12/96-12/98)
Landfills and Incinerators (3/97-3/99)
Metal Products and Machinery, Phase II (12/97-12/99)
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BILLING CODE 6560-50-C
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Instructions for Completing Form 2S
Application for a Sewage Sludge Permit
Paperwork Reduction Act Notice: The public reporting and
recordkeeping burden for this collection of information is estimated
to average 11.6 hours per response. This estimate includes the time
needed to review instructions; develop, acquire, install, and
utilize technology and systems for the purposes of collecting,
validating, and verifying information, processing and maintaining
information, and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions
and requirements; train personnel to respond to a collection of
information; search existing data sources; complete and review the
collection of information; and transmit or otherwise disclose the
information. An Agency may not conduct or sponsor, and a person is
not required to respond to a collection of information unless it
displays a currently valid OMB control number.
Send comments regarding the burden estimate or any other aspect
of this collection of information, including suggestions for
reducing the burden, to Chief, OPPE Regulatory Information Division,
U.S. Environmental Protection Agency (2136), 401 M St., S.W.,
Washington, DC 20460; and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th St.,
N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include
the OMB control number in any correspondence. Do not send the
completed application form to these addresses.
Overview
This application form collects information from persons that are
required to apply for a sewage sludge use or disposal permit.
Who Must Submit Application Information?
The following persons are ``treatment works treating domestic
sewage'' that are required to submit sewage sludge permit application
information:
Any person who generates sewage sludge that is ultimately
regulated by Part 503 (i.e., it is applied to the land, placed on a
surface disposal site, fired in a sewage sludge incinerator, or placed
in a municipal solid waste landfill unit);
Any person who derives material from, or otherwise changes
the quality of, sewage sludge (e.g., an intermediate treatment facility
such as a composting facility, or a facility that processes sewage
sludge for sale or give away in a bag or other container for
application to the land), if that sewage sludge is used or disposed in
a manner subject to Part 503;
Any person who owns or operates a sewage sludge surface
disposal site;
Any person who fires sewage sludge in a sewage sludge
incinerator; and
Any other person required by the permitting authority to
submit permit application information.
For purposes of this form, you refers to the applicant. This
facility and your facility refer to the facility for which application
information is being submitted.
Facility should be interpreted to include activities potentially
subject to regulation under the sewage sludge program--e.g., areas of
sewage sludge treatment, storage, land application, surface disposal,
or incineration, even if such activities do not occur at the same
location.
Which Parts of The Form Apply?
Form 2S is presented in a modular format, enabling information
collection to be tailored to your facility's sewage sludge generation,
treatment, use, or disposal practices. The form is divided into two
main parts:
Part 1 is limited screening information that must be
submitted by ``sludge-only'' (non-NPDES) facilities that are not
applying for site-specific pollutant limits and have not been directed
to submit a full permit application at this time.
Part 2 must be submitted by facilities that are submitting
a full permit application at this time. These include the following:
--Facilities with a currently effective NPDES permit.
--Facilities that are required to have, or are requesting, site-
specific pollutant limits, including ``sludge-only'' facilities that
are applying for site-specific pollutant limits. (Note: all sewage
sludge incinerators are required to have site-specific pollutant
limits.)
--Facilities that have been directed by the permitting authority to
apply for a permit at this time.
Complete either Part 1 or Part 2, but not both (unless otherwise
instructed by the permitting authority).
Part 2 is divided into the following sections:
Section A is general information to be provided by all
applicants that fill out Part 2.
Section B must be completed by any facility that generates
sewage sludge or derives a material from sewage sludge.
Section C must be completed by any facility that applies
bulk sewage sludge to the land, or whose bulk sewage sludge is applied
to the land. (Most applicants that provide this information will also
submit Section B information, because it is unlikely that EPA would
permit a land applier who does not generate or change the quality of
sewage sludge.)
Section D must be completed by the owner/operator of a
surface disposal site.
Section E must be completed by the owner/operator of a
sewage sludge incinerator.
You need only submit the Sections of Part 2 that apply.
Part 1: Limited Background Information
Part 1 requests a limited amount of information from ``sludge-
only'' facilities (facilities without a currently-effective NPDES
permit) that are not requesting site-specific permit limits and are not
directed by the permitting authority to submit a full permit
application at this time. This limited screening information must be
submitted as expeditiously as possible, but no later than 180 days
after publication of an applicable use or disposal standard. It is
intended to allow the permitting authority to identify these
facilities, track sewage sludge use and disposal, and establish
priorities for permitting.
1. Facility Information.
a. Provide the facility's official or legal name. Do not use a
colloquial name.
b. Provide the complete mailing address of the office where
correspondence should be sent. This may differ from the facility
location given in Question 1.d.
c. Provide the name, title, and work telephone number of a person
who is thoroughly familiar with the operation of the facility and with
the facts reported in this application, and who can be contacted by the
permitting authority if necessary.
d. Provide the physical location of the facility. If the facility
lacks a street address or route number, provide the most accurate
alternative geographic information (e.g., township and range, section
or quarter section number, or nearby highway intersection).
e. Indicate the type of facility.
A publicly owned treatment works (POTW) is any device or system
used in the treatment (including recycling and reclamation) of
municipal sewage or industrial wastes of a liquid nature which is owned
by a State or municipality. This definition includes sewers, pipes, or
other conveyances only if they convey wastewater to a POTW providing
treatment.
A privately owned treatment works is any device or system which is
(a) used to treat wastes from any facility whose
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operator is not the operator of the treatment works and (b) not a POTW
or federally owned treatment works.
A federally owned treatment works is a facility that is owned and
operated by a department, agency, or instrumentality of the Federal
Government that treats wastewater, a majority of which is domestic
sewage, prior to discharge in accordance with a permit issued under
section 402 of the Federal Water Pollution Control Act.
A blending or treatment operation means any sewage sludge or
wastewater treatment device or system, regardless of ownership
(including Federal facilities), used in the storage, treatment,
recycling, and reclamation of domestic sewage, including land dedicated
for the disposal of sewage sludge. For purposes of this form, such
devices or systems include blending or treatment operations that derive
material from sewage sludge but do not generate sewage sludge.
A surface disposal site is an area of land that contains one or
more active sewage sludge units.
An active sewage sludge unit is land on which only sewage sludge is
placed for final disposal. This does not include land on which sewage
sludge is either stored or treated. Land does not include waters of the
United States, as defined in 40 CFR 122.2.
A sewage sludge incinerator is an enclosed device in which only
sewage sludge and auxiliary fuel are fired.
2. Applicant Information.
a. If someone other than the facility contact person is submitting
this application, provide the name of that person's organization.
b. Provide the complete mailing address of the applicant's
organization.
c. Provide the name and work telephone number of a person who is
thoroughly familiar with the operation of the facility and with the
facts reported in this application, and who can be contacted by the
permitting authority if necessary.
d. Indicate whether this applicant is the owner or operator (or
both) of the facility. If it is neither, describe the relationship of
the applicant to the facility.
e. Indicate whether you want correspondence regarding this
application directed to the applicant or to the facility address
provided in question 1.
3. Sewage Sludge Amount. List, on a dry weight basis, the total dry
metric tons of sewage sludge per latest 365-day period handled at this
facility.
Dry weight basis means calculated on the basis of having been dried
at 105 degrees C until reaching a constant weight (i.e., essentially
100 percent solids content).
a. The amount generated is, for purposes of this application, the
amount of sewage sludge generated during the treatment of domestic
sewage at the facility.
b. The amount received from off site is any additional amount of
sewage sludge handled at your facility that is not generated during the
treatment of domestic sewage at your facility.
c. The amount treated or blended on site is the amount of sewage
sludge generated on site, plus the amount received from off site, that
undergoes treatment on site. Treatment is the preparation of sewage
sludge for final use or disposal. Treatment, for purposes of this form,
includes the following:
Thickening and stabilization;
Processing (e.g., composting) for purposes of pathogen
reduction and vector attraction reduction; and
Blending with a bulking agent or with sewage sludge from
another facility.
Treatment does not include storage of sewage sludge.
d. The amount sold or given away in a bag or other container for
application to the land is the amount placed in a bag or other
container at your facility.
An other container is either an open or closed receptacle,
including but not limited to, a bucket, box, carton, vehicle, or
trailer with a load capacity of one metric ton or less.
e. The amount of bulk sewage sludge shipped off site for treatment
or blending is the amount of sewage sludge that is shipped to another
facility in bulk form (i.e., not in a bag or other container), where
the other facility derives a material from the sewage sludge (i.e., it
is a ``person who prepares'').
This question does not cover sewage sludge sent directly to a land
application site, surface disposal site, municipal solid waste
landfill, or sewage sludge incinerator.
f. The amount applied to the land in bulk form is the amount of
bulk sewage sludge from your facility that is sent directly to a land
application site from your facility. It does not cover sewage sludge
placed in a bag or other container, nor does it cover sewage sludge
shipped off site for treatment or for sale or give-away in a bag or
other container.
g. The amount placed on a surface disposal site is the amount of
sewage sludge from your facility that is placed on a surface disposal
site, regardless of whether you own or operate the surface disposal
site.
h. The amount fired in a sewage sludge incinerator is the amount of
sewage sludge from your facility that is fired in a sewage sludge
incinerator, regardless of whether you own or operate the sewage sludge
incinerator.
i. The amount sent to a municipal solid waste landfill (MSWLF) is
the amount of sewage sludge from your facility that is sent directly to
a MSWLF, which is a discrete area of land or an excavation that
receives household waste and other solid wastes.
j. The amount used or disposed by another practice is the amount of
sewage sludge generated on site or received from off site that is not
covered in Questions 3.d-3.i above.
4. Pollutant Concentrations. Provide available data on the
concentrations of the listed pollutants in the sewage sludge from this
facility. If concentration data are available for pollutants not on
this list, provide those data as well. Provide up to three data points
taken at least one month apart during the last two years. If data from
the last two years are unavailable, provide the most recent data.
Express pollutant concentrations as dry weight concentrations.
You may use a separate attachment in addition to, or instead of,
the table provided.
You need not perform additional pollutant monitoring to comply with
this requirement; rather, only available data are requested.
Calculations on a dry weight basis are based on sewage sludge
having been dried at 105 degrees Celsius until reaching a constant
weight (i.e., essentially 100 percent solids content).
The Part 503 sewage sludge use or disposal regulation requires the
use of Test Method SW-846 (in ``Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods,'' Second and Third Editions) to
analyze samples of sewage sludge for compliance with Part 503. SW-846
is recommended, but not required, for purposes of providing sewage
sludge quality information in the permit application.
5. Treatment Provided at Your Facility. Provide the following
information regarding sewage sludge treatment on site. This question
does not request information on sewage sludge treatment at an off-site
use or disposal facility.
a. Indicate the class of pathogen reduction (Class A or Class B)
that is achieved at your facility. You may select ``neither or
unknown'' only if sewage sludge is placed on an active sewage sludge
unit that is covered with soil or other material at the end of each
operating day, sent to another facility
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for additional treatment, fired in a sewage sludge incinerator, or
placed on a municipal solid waste landfill unit.
Options for meeting Class A pathogen reduction are listed at
Sec. 503.32(a). Options for meeting Class B pathogen reduction are
listed at Sec. 503.32(b).
b. Provide a written description of any treatment processes used to
reduce pathogens in sewage sludge, including an indication of how the
treatment fulfills one of the options for meeting Class A or Class B
pathogen reduction. You may attach existing documentation (e.g.,
technical or process specifications) to meet this requirement.
c. Indicate whether any of the vector attraction reduction options
in Sec. 503.33(b) (1)-(11) are met before sewage sludge leaves the
facility. Options 1-8 are typically met at the point where sewage
sludge is generated or where a material is derived from sewage sludge,
and Options 9-11 are typically met at the point of use or disposal.
You may select ``none or unknown'' only in the following cases:
If sewage sludge is fired in a sewage sludge incinerator;
or
If sewage sludge is placed on a municipal solid waste
landfill unit.
Land application: Sewage sludge applied to agricultural land, a
forest, a public contact site, or a reclamation site must meet one of
the vector attraction reduction options 1-10, which are defined at
Sec. 503.33(b) (1)-(10), respectively. Sewage sludge applied to a lawn
or home garden, or placed in a bag or other container for sale or give-
away for application to the land, must meet any of options 1-8, defined
at Sec. 503.33(b) (1)-(8), respectively.
Surface disposal: Sewage sludge placed on an active sewage sludge
unit must meet one of vector attraction reduction options 1-11, which
are defined at Sec. 503.33(b) (1)-(11), respectively.
d. Provide a written description of any treatment processes used to
reduce vector attraction characteristics of sewage sludge, including an
indication of how the treatment fulfills one of options 1-11 for vector
attraction reduction. You may attach existing documentation (e.g.,
technical or process specifications) to meet this requirement.
6. Sewage Sludge Sent to Other Facilities. If sewage sludge from
your facility is sent to an off-site facility for treatment,
distribution, use, or disposal, provide the information requested below
for each receiving facility. If sewage sludge is sent to more than one
off-site facility, attach additional pages if necessary.
For purposes of this form, an off-site facility is a facility or
site that is located on land physically separate from the land used in
connection with your facility. ``Off site'' may include facilities or
sites that you own if they are not located on the same property or on
adjacent property.
a. Provide the facility's official or legal name. Do not use a
colloquial name.
b. Provide the name, title, and work telephone number of a person
who is thoroughly familiar with the operation of the facility receiving
the sewage sludge, and who can be contacted by the permitting authority
if necessary.
c. Provide the complete mailing address at the off-site facility
where correspondence should be sent.
d. Indicate which activities the receiving facility performs on the
sewage sludge from your facility.
7. Use and Disposal Sites. If sewage sludge is sent directly from
your facility to a use or disposal site (i.e., it is not sent to
another facility), provide the following information for each such site
(attach additional pages if necessary):
a. Provide the site name and/or number. The name and/or number is
any designation commonly used to refer to the site. If the site has
been previously designated in another permit, use that designation.
b. Provide the name, title, and work telephone number of a person
who is thoroughly familiar with the operation of the use or disposal
site, and who can be contacted by the permitting authority if
necessary.
c. Answer either question 1 or question 2.
1. Provide the physical location (street address) of the site. If
the site lacks a street address or route number, provide the most
accurate alternative geographic information (e.g., township and range,
section or quarter section number, nearby highway intersection).
2. Provide the latitude and longitude of the center of the site. If
a map was used to obtain latitude and longitude, provide map datum
(e.g., NAD 27, NAD 83) and map scale (e.g., 1:24000, 1:100000).
d. The site type is the intended end use of the land. Applicable
sewage sludge use and disposal standards, and thus permit conditions,
differ according to type of site.
Agricultural land is land on which a food crop, a feed crop, or a
fiber crop is grown. This includes range land, which is open land with
indigenous vegetation, and pasture, which is land on which animals feed
directly on crops such as grasses, grain stubble, or stover.
Forest is a tract of land thick with trees and underbrush.
A public contact site is land with a high potential for contact by
the public. Public contact sites include public parks, ball fields,
cemeteries, plant nurseries, turf farms, and golf courses.
A reclamation site is land that has been drastically disturbed by
strip mining, fires, construction, etc. As part of the reclamation
process, sewage sludge is applied for its nutrient and soil
conditioning properties to help stabilize and revegetate the land.
For purposes of this form, a lawn or home garden is privately-owned
land on which crops or other vegetation are grown for private, non-
commercial use and on which use by the general public does not occur.
A surface disposal site is an area of land that contains one or
more active sewage sludge units. An active sewage sludge unit is land
on which only sewage sludge is placed for final disposal.
A sewage sludge incinerator is an enclosed device in which sewage
sludge and auxiliary fuel are fired.
A municipal solid waste landfill is a discrete area of land or an
excavation that receives household waste and other solid wastes.
8. Certification. All permit applications must be signed and
certified.
An application submitted by a municipality, State, Federal, or
other public agency must be signed by either a principal executive
officer or ranking elected official. A principal executive officer of a
Federal agency includes: (1) The chief executive officer of the agency,
or (2) a senior executive officer having responsibility for the overall
operations of a principal geographic unit of the agency (e.g., Regional
Administrators of EPA).
An application submitted by a corporation must be signed by a
responsible corporate officer. A responsible corporate officer means:
(1) A president, secretary, treasurer, or vice president in charge of a
principal business function, or any other person who performs similar
policy- or decision-making functions; or (2) the manager of
manufacturing, production, or operating facilities employing more than
250 persons or having gross annual sales or expenditures exceeding $25
million (in second quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
An application submitted by a partnership or sole proprietorship
must be signed by a general partner or the proprietor, respectively.
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Part 2: Permit Application Information
Part 2 of this form pertains to facilities that are submitting a
full permit application at this time. This includes facilities applying
for an NPDES permit as well as ``sludge-only'' facilities that are
applying for site-specific pollutant limits.
Review items 1-5 of the Application Overview section to determine
which sections of Part 2 cover your facility's sewage sludge use or
disposal practices. Table 1, below, summarizes which sections cover
which activities.
Table 1.--Guidelines for Completing Part 2
----------------------------------------------------------------------------------------------------------------
Activity(ies) performed A B C D E
----------------------------------------------------------------------------------------------------------------
Generates sewage sludge or derives
material from sewage sludge..............
(B.1-B.3)
That meets ceiling concentrations in
Table 1 of 40 CFR 503.13, pollutant
concentrations in Table 3 of Sec.
503.13, Class A pathogen requirements
in Sec. 503.32, and one of the eight
vector attraction reduction options
in Sec. 503.33 (b) (1)-(8)...........
(B.4)
That is sold or given away in bag or
other container for application to
the land.............................
(B.5)
That is shipped off site for treatment
or blending..........................
(B.6)
That is applied to the land in bulk
form.................................
(B.7)
That is placed on a surface disposal
site.................................
(B.8)
That is fired in a sewage sludge
incinerator..........................
(B.9)
That is sent to a municipal solid
waste landfill.......................
(B.10)
Applies bulk sewage sludge to land........
Owns or operates a surface disposal site..
Fires sewage sludge in a sewage sludge
incinerator..............................
----------------------------------------------------------------------------------------------------------------
Section A: General Information
All applicants must complete Section A, which requests general
information about the facility.
A.1. Facility Information.
a. Provide the facility's official or legal name. Do not use a
colloquial name.
b. Provide the complete mailing address of the office where
correspondence should be sent. This may differ from the facility
location given in Question 1.d.
c. Provide the name, title, and work telephone number of a person
who is thoroughly familiar with the operation of the facility and with
the facts reported in this application, and who can be contacted by the
permitting authority if necessary.
d. Provide the physical location (street address) of the facility.
If the facility lacks a street address or route number, provide the
most accurate alternative geographic information (e.g., township and
range, section or quarter section number, nearby highway intersection).
e. Provide the latitude and longitude of the facility. This
information is required by EPA's Locational Data Policy. If a map was
used to obtain latitude and longitude, provide map datum (e.g., NAD 27,
NAD 83) and map scale (e.g., 1:24000, 1:100000).
f. Indicate whether the facility is a Class I sludge management
facility. A Class I sludge management facility is either:
Any POTW required to have an approved pretreatment program
under 40 CFR 403.8(a), including any POTW located in a State assuming
local pretreatment program responsibilities pursuant to 40 CFR
403.10(e)); or
Any treatment works treating domestic sewage, as defined
in 40 CFR 122.2, classified as a Class I sludge management facility by
the EPA Regional Administrator, or, in the case of approved State
programs, the Regional Administrator in conjunction with the State
Director, because of the potential for its sewage sludge use or
disposal practices to adversely affect public health and the
environment.
If your facility is a Class I sludge management facility, you must
perform a toxicity characteristic leaching procedure (TCLP) on this
facility's sewage sludge. Submit the results (pass or fail) of all TCLP
tests you have performed during the past five years that you have not
already submitted to the permitting authority.
g. Provide the facility's design influent flow rate. ``Design
influent flow rate'' means the average flow the treatment works was
designed to treat. Enter the design influent flow rate in million
gallons per day (mgd), to two decimal places (e.g., 3.12 mgd translates
to three million one hundred twenty thousand gallons per day).
h. For all areas served by the treatment works (municipalities and
unincorporated service areas), enter the best estimate of the actual
population served at the time of application. If another treatment
works discharges into this treatment works, provide on a separate
attachment the name of the other treatment works and the actual
population it serves (it is not necessary to list the communities
served by the other treatment works).
i. Indicate the type of facility.
A publicly owned treatment works (POTW) is any device or system
used in the treatment (including recycling and reclamation) of
municipal sewage or industrial wastes of a liquid nature which is owned
by a State or municipality. This definition includes sewers, pipes, or
other conveyances only if they convey wastewater to a POTW providing
treatment.
A privately owned treatment works is any device or system which is
(a) used to treat wastes from any facility whose operator is not the
operator of the treatment works and (b) not a POTW or federally owned
treatment works.
A federally owned treatment works is a facility that is owned and
operated by a department, agency, or instrumentality of the Federal
government that treats wastewater, a majority of which is domestic
sewage, prior to discharge in accordance with a permit issued under
section 402 of the Federal Water Pollution Control Act.
A blending or treatment operation means any sewage sludge or
wastewater treatment device or system, regardless of ownership
(including Federal facilities), used in the storage, treatment,
recycling, and reclamation of domestic sewage, including land dedicated
for the disposal of sewage sludge. For purposes of this form, such
devices or systems include blending or treatment operations that derive
material from sewage sludge but do not generate sewage sludge.
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A surface disposal site is an area of land that contains one or
more active sewage sludge units. An active sewage sludge unit is land
on which only sewage sludge is placed for final disposal. This does not
include land on which sewage sludge is either stored or treated. Land
does not include waters of the United States, as defined in 40 CFR
122.2.
A sewage sludge incinerator is an enclosed device in which sewage
sludge and auxiliary fuel are fired.
A.2. Applicant Information.
a. If someone other than the facility contact person is submitting
this application, provide the name of that person's organization.
b. Provide the complete mailing address of the applicant's
organization.
c. Provide the name and work telephone number of a person who is
thoroughly familiar with the operation of the facility and with the
facts reported in this application, and who can be contacted by the
permitting authority if necessary.
d. Indicate whether this applicant is the owner or operator (or
both) of the facility. If it is neither, describe the relationship of
the applicant to the facility.
e. Indicate whether you want correspondence regarding this
application directed to the applicant or to the facility address
provided in question 1.
A.3. Permit Information. Provide the facility's NPDES permit
number, if any. Also provide the number and type of any relevant
Federal, State, or local environmental permits or construction
approvals received or applied for, including but not limited to permits
issued under any of the following programs:
Hazardous Waste Management program under RCRA;
UIC program under SDWA;
Prevention of Significant Deterioration (PSD) program
under the Clean Air Act;
Nonattainment program under the Clean Air Act;
National Emission Standards for Hazardous Air Pollutants
(NESHAPS) preconstruction approval under the Clean Air Act;
Ocean dumping permits under the Marine Protection,
Research, and Sanctuaries Act; or
Dredge or fill permits under Section 404 of CWA.
A.4. Federal Indian Reservation. Identify any generation,
treatment, storage, application to land, or disposal of sewage sludge
that occurs on a Federal Indian Reservation.
A.5. Topographic Map. Provide a topographic map or maps (or other
appropriate map(s) if a topographic map is unavailable) that shows the
items identified below, including the areas one mile beyond the
property boundaries of the facility.
a. Location of all sewage sludge management facilities, including
land application sites and locations where sewage sludge is generated,
treated, or disposed;
b. Location of all water bodies within one mile beyond the
facility's property boundaries; and
c. Location of all wells used for drinking water listed in public
records or otherwise known to you within \1/4\ mile of the facility
property boundaries.
On each map, include the map scale, a meridian arrow showing north,
and latitude and longitude at the nearest whole second. Use a 7\1/2\-
minute series map published by the U.S. Geological Survey (USGS), which
may be obtained through the USGS Earth Science Information Center
(ESIC) listed below. If a 7\1/2\-minute series map has not been
published for your facility site, then you may use a 15-minute series
map from the U.S. Geological Survey. If neither a 7\1/2\-minute nor 15-
minute series map has been published for your facility site, use a plat
map or other appropriate map, including all the requested information;
in this case, briefly describe land uses in the map area (e.g.,
residential, commercial). If you have previously prepared a map that
includes these three items, that map may be submitted to fulfill this
requirement if it is still accurate.
Maps may be purchased at local dealers (listed in your local yellow
pages) or purchased over the counter at the following USGS Earth
Science Information Centers (ESIC):
Anchorage-ESIC, 4230 University Dr., Rm. 101, Anchorage, AK 99508-
4664, (907)786-7011
Lakewood-ESIC, Box 25046, Bldg. 25, Rm. 1813, Denver Federal Center,
MS 504, Denver, CO 80225-0046, (303)236-5829
Lakewood Open Files-ESIC, Box 25286, Bldg. 810, Denver Federal
Center, Denver, CO
Menlo Park-ESIC, Bldg. 3, Rm. 3128, MS 532, 345 Middlefield Rd.,
Menlo Park, CA 94025-3591, (415)329-4309
Reston-ESIC, 507 National Center, Reston, VA 22092, (703)648-6045
Rolla-ESIC, 1400 Independence Rd., MS 231, Rolla, MO 65401-2602,
(314)341-0851
Salt Lake City-ESIC, 2222 West 2300 South, Salt Lake City, UT 84119,
(801)975-3742
Sioux Falls-ESIC, EROS Data Center, Sioux Falls, SD 57198-0001,
(605)594-6151
Spokane-ESIC, U.S. Post Office Bldg., Rm. 135, 904 W. Riverside
Ave., Spokane, WA 99201-1088, (509)353-2524
Stennis Space Center-ESIC, Bldg. 3101, Stennis Space Center, MS
39529, (601)688-3541
Washington, D.C.-ESIC, U.S. Dept. of Interior, 1849 C St., NW, Rm.
2650, Washington, D.C. 20240, (202)208-4047
All maps should be either on paper or other material appropriate
for reproduction. If possible, all sheets should be approximately
letter size with margins suitable for filing and binding. As few sheets
as necessary should be used to clearly show what is involved. Each
sheet should be labeled with your facility's name, permit number,
location (city, county, or town), date of drawing, and designation of
the number of sheets of each diagram as ``page ________ of ________.''
A.6. Line Drawing. Attach to this form a line drawing, simple flow
diagram, or narrative description that identifies all sewage sludge
processes employed during the permit term, including the information
requested on the application form.
A.7. Contractor Information.
If a contractor carries out any operational or maintenance aspects
associated with this facility, provide the name, mailing address, and
telephone of each such contractor. Also provide a description of the
activities performed by the contractor. Attach additional pages if
necessary.
A.8. Pollutant Concentrations.
All facilities must complete Section A.8.a. (Part 503
Metals, Nutrients, and percent solids).
Complete Section A.8.b. if this facility is a Class I
sludge management facility.
A Class I sludge management facility is either:
--Any POTW required to have an approved pretreatment program under 40
CFR 403.8(a), including any POTW located in a State assuming local
pretreatment program responsibilities pursuant to 40 CFR 403.10(e)); or
--Any treatment works treating domestic sewage, as defined in 40 CFR
122.2, classified as a Class I sludge management facility by the EPA
Regional Administrator, or, in the case of approved State programs, the
Regional Administrator in conjunction with the State Director, because
of the potential for its sewage sludge use or disposal practices to
adversely affect public health and the environment.
Provide pollutant concentration data as follows:
Submit data for each of the pollutants listed in the
appropriate section.
For the listed pollutants, data may not be more than two
years old. If existing data are not available for a pollutant, you must
obtain and analyze at least one sample for that pollutant.
[[Page 62650]]
In addition, if you have any available concentration data
for pollutants not listed in the section you are completing, provide
those data as well. If data for such additional pollutants are not
available from the last two years, provide the most recent data.
Express pollutant concentrations as dry weight
concentrations.
You may use a separate attachment in addition to or
instead of the table provided.
Calculations on a dry weight basis are based on sewage sludge
having been dried at 105 degrees Celsius until reaching a constant
weight (i.e., essentially 100 percent solids content).
The Part 503 sewage sludge use or disposal regulation requires the
use of Test Method SW-846 (in ``Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods,'' Second and Third Editions) to
analyze samples of sewage sludge for compliance with Part 503. SW-846
is recommended, but not required, for purposes of providing sewage
sludge quality information in the permit application.
A.9. Certification. All permit applications must be signed and
certified. Also indicate in the boxes provided, which sections of Form
2S you are submitting with this application.
An application submitted by a municipality, State, Federal, or
other public agency must be signed by either a principal executive
officer or ranking elected official. A principal executive officer of a
Federal agency includes: (1) The chief executive officer of the agency,
or (2) a senior executive officer having responsibility for the overall
operations of a principal geographic unit of the agency (e.g., Regional
Administrators of EPA).
An application submitted by a corporation must be signed by a
responsible corporate officer. A responsible corporate officer means:
(1) A president, secretary, treasurer, or vice president in charge of a
principal business function, or any other person who performs similar
policy- or decision-making functions; or (2) the manager of
manufacturing, production, or operating facilities employing more than
250 persons or having gross annual sales or expenditures exceeding $25
million (in second quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
An application submitted by a partnership or sole proprietorship
must be signed by a general partner or the proprietor, respectively.
Section B: Generation of Sewage Sludge or Preparation of a Material
Derived From Sewage Sludge
Complete this section if you are a ``person who prepares sewage
sludge.'' A person who prepares sewage sludge is a person who generates
sewage sludge during the treatment of domestic sewage in a treatment
works or who derives a material from sewage sludge. This section,
therefore, pertains to any POTW or other treatment works that generates
sewage sludge, as well as to any facility that derives a material from
sewage sludge (e.g., it composts sewage sludge or blends sewage sludge
with another material). Simply distributing sewage sludge or placing it
in a bag or other container for sale or give-away for application to
the land is not considered ``deriving a material'' from sewage sludge
(because it does not change sludge quality), and thus a facility that
only distributes or bags a sewage sludge would not be automatically
required to provide the information in this section.
B.1. Amount Generated On Site. Provide the total dry metric tons
per 365-day period of sewage sludge that is generated at your facility.
Report only the amount of sewage sludge that is generated during
treatment of domestic sewage in a treatment works, not the amount of
material that is derived from sewage sludge.
B.2. Amount Received from Off Site. Provide the following
information if your facility receives any sewage sludge from an off-
site facility for further treatment (including blending), use, or
disposal at your facility. If your facility receives sewage sludge from
more than one off-site facility, provide this information separately
for each such facility. Attach additional pages as necessary.
For purposes of this form, an off-site facility is a facility or
site that is located on land physically separate from the land used in
connection with your facility. ``Off site'' may include facilities or
sites that you own if they are not located on the same property or on
adjacent property.
a. Provide the official or legal name of the off-site facility. Do
not use a colloquial name.
b. Provide the name and work telephone number of a person who is
thoroughly familiar with the operation of the off-site facility and
with the facts reported in this section, and who can be contacted by
the permitting authority if necessary.
c. Provide the complete mailing address at the off-site facility
where correspondence should be sent.
d. Provide the physical location (street address) of the off-site
facility. If the facility lacks a street address or route number,
provide the most accurate alternative geographic information (e.g.,
township and range, section or quarter section number, nearby highway
intersection).
The off-site facility providing the sewage sludge is, by
definition, also a ``person who prepares sewage sludge''. Both you and
the off-site facility are required to apply for a permit and are
required to ensure that applicable Part 503 requirements are met.
e. Provide the total dry metric tons per 365-day period received
from the off-site facility.
f. Describe any treatment processes occurring at the off-site
facility, including blending activities and treatment to reduce
pathogens or vector attraction characteristics. ``Treatment'' does not
include dewatering.
B.3. Treatment Provided at Your Facility. Provide the following
information regarding sewage sludge treatment at your facility. This
question does not request information on sewage sludge treatment at an
off-site use or disposal facility.
a. Indicate the class of pathogen reduction (Class A or Class B)
that is achieved before sewage sludge leaves the facility. You may
select ``neither or unknown'' only if sewage sludge is placed on an
active sewage sludge unit that is covered with soil or other material
at the end of each operating day, sent to another facility for
additional treatment, fired in a sewage sludge incinerator, or placed
on a municipal solid waste landfill unit.
Options for meeting Class A pathogen reduction are listed at
Sec. 503.32(a). Options for meeting Class B pathogen reduction are
listed at Sec. 503.32(b).
b. Provide a written description of any treatment processes used to
reduce pathogens in sewage sludge, including an indication of how the
treatment fulfills one of the options for meeting Class A or Class B
pathogen reduction. You may attach existing documentation (e.g.,
technical or process specifications) to meet this requirement.
c. Indicate whether any of vector attraction reduction options 1-8
are met before sewage sludge leaves the facility. Options 1-8 are
published at Sec. 503.33(b) (1)-(8), and typically are met at the point
of sewage sludge generation.
Options 9, 10, and 11 (published at Sec. 503.33(b) (9)-(11),
respectively) are also available, but are typically met at the point of
use or disposal and are covered elsewhere in this form.
You may select ``none or unknown'' only in the following cases:
If sewage sludge is sent to another facility for
additional treatment;
[[Page 62651]]
If option 9 (injection below land surface) or option 10
(incorporation into soil within six hours) is met at a land application
site;
If option 9 (injection below land surface), option 10
(incorporation into soil within six hours), or option 11 (daily cover)
is met at an active sewage sludge unit at a surface disposal site;
If sewage sludge is fired in a sewage sludge incinerator;
or
If sewage sludge is placed on a municipal solid waste
landfill unit.
Land application: Sewage sludge applied to agricultural land, a
forest, a public contact site, or a reclamation site must meet one of
the vector attraction reduction options 1-10, which are defined at
Sec. 503.33(b) (1)-(10), respectively. Sewage sludge applied to a lawn
or home garden, or placed in a bag or other container for sale or give-
away for application to the land, must meet any of options 1-8, defined
at Sec. 503.33(b) (1)-(8), respectively.
Surface disposal: Sewage sludge placed on an active sewage sludge
unit must meet one of vector attraction reduction options 1-11, which
are defined at Sec. 503.33(b) (1)-(11), respectively.
d. Provide a written description of any treatment processes used to
reduce vector attraction characteristics of sewage sludge, including an
indication of how the treatment fulfills one of options 1-8 for vector
attraction reduction. You may attach existing documentation (e.g.,
technical or process specifications) to meet this requirement.
e. Provide a written description of any other treatment or blending
activities not described in B.3.b or B.3.d above. ``Other treatment''
does not include dewatering or placement of sewage sludge in a bag or
other container for sale or give-away for application to land. You may
attach existing documentation (e.g., technical or process
specifications) to meet this requirement.
B.4. Preparation of Sewage Sludge Meeting Ceiling Concentrations,
Pollutant Concentrations, Class A Pathogen Requirements, and One of
Vector Attraction Reduction Options 1-8.
Complete this section if sewage sludge from this facility meets all
of the following criteria:
The ceiling concentrations in Table 1 of Sec. 503.13(b)(1)
and the pollutant concentrations in Table 3 of Sec. 503.13(b)(3);
The Class A pathogen reduction requirements in
Sec. 503.32(a); and
One of the vector attraction reduction options in
Sec. 503.33(b) (1)-(8).
Sewage sludge meeting all of these criteria is exempt from the
general requirements of Sec. 503.12 and the management practices of
Sec. 503.14, and thus fewer permitting and permit application
requirements typically pertain to facilities generating such sludge.
For this reason, if you are eligible to complete Section B.4, you may
skip Sections B.5--B.7 unless specifically required to complete any of
them by the permitting authority.
a. Provide the total dry metric tons per 365-day period of sewage
sludge that is applied to the land and that meets the Table 1 ceiling
concentrations, the Table 3 pollutant concentrations, Class A pathogen
requirements, and one of vector attraction reduction options 1-8.
b. Indicate whether sewage sludge that meets the Table 1 ceiling
concentrations, the Table 3 pollutant concentrations, Class A pathogen
requirements, and one of vector attraction reduction options 1-8 is
placed in bags or other containers at your facility.
Sewage sludge placed in a bag or other container must meet the
Table 1 ceiling concentrations, the Class A pathogen requirements, one
of vector attraction reduction options 1-8, and either the Table 3
pollutant concentrations or the annual pollutant loading rates (APLRs)
in Table 4 of Sec. 503.13. This question does not pertain to sewage
sludge meeting APLRs.
An other container is either an open or closed receptacle,
including but not limited to a bucket, a box, a carton, and a vehicle
or trailer with a load capacity of one metric ton or less.
B.5. Sale or Give-Away in a Bag or Other Container for Application
to the Land. Complete this section if sewage sludge from this facility
is sold or given away in a bag or other container for application to
the land. Skip this section, however, for any sewage sludge you
reported in Section B.4 (i.e., sludge meeting Table 1 ceiling
concentrations, Table 3 pollutant concentrations, Class A pathogen
requirements, and one of vector attraction reduction options 1-8).
A bag or other container includes an open or closed receptacle such
as a bucket, box, carton, or vehicle or trailer with a load capacity of
one metric ton or less.
a. Provide the total dry metric tons per 365-day period placed in
bags or other containers for sale or give-away.
b. Attach with this application a copy of any label or information
sheet that accompanies the product being sold or given away. When
sewage sludge is placed in a bag or other container for sale or give-
away for application to the land, either a label must be affixed to the
bag or other container, or an information sheet must be provided to the
person receiving the sewage sludge. The label or information sheet must
contain the following information:
The name and address of the person who prepared the sewage
sludge that is sold or given away in a bag or other container for
application to the land;
A statement that application of the sewage sludge to the
land is prohibited except in accordance with the instructions on the
label or information sheet; and
The annual whole sludge application rate for the sewage
sludge that does not cause any of the annual pollutant loading rates in
Table 4 of Sec. 503.13 to be exceeded.
B.6. Shipment-Off Site for Treatment or Blending. Complete this
section if you provide sewage sludge to another facility, and that
facility provides treatment or blending (i.e., it derives a material
from sewage sludge).
Skip this section, however, for any sewage sludge that is:
Covered in Section B.4 (i.e., it meets the Table 1 ceiling
concentrations, the Table 3 pollutant concentrations, Class A pathogen
reduction requirements, and one of vector attraction reduction options
1-8);
Covered in Section B.5 (i.e., it is placed in a bag or
other container at your facility); or
Sent directly from your facility to a land application
site or surface disposal site.
If you provide sewage sludge to more than one facility that
provides treatment or blending, complete Section B.6 for each such
facility. Attach additional pages as necessary.
a. Provide the official or legal name of the facility receiving the
sewage sludge. Do not use a colloquial name.
b. Provide the name, title, and work telephone number of a person
who is thoroughly familiar with the operation of the facility receiving
the sewage sludge, and who can be contacted by the permitting authority
if necessary.
c. Provide the complete mailing address of the receiving facility
where correspondence should be sent.
d. Provide the total dry metric tons per 365-day period your
facility sends to the receiving facility. Do not include sewage sludge
that other facilities send to the receiving facility.
e. Indicate whether the facility receiving the sewage sludge
provides additional treatment to reduce pathogens in sewage sludge from
your facility. Also indicate whether Class A or Class B pathogen
reduction is
[[Page 62652]]
achieved before the sewage sludge leaves the receiving facility.
Options for meeting Class A pathogen reduction are listed at
Sec. 503.32(a). Options for meeting Class B pathogen reduction are
listed at Sec. 503.32(b).
Provide a written description of any treatment processes used at
the receiving facility to reduce pathogens in sewage sludge, including
an indication of how the treatment fulfills one of the options for
meeting Class A or Class B pathogen reduction. You may attach existing
documentation (e.g., technical or process specifications) to meet this
requirement.
f. Indicate whether the facility receiving the sewage sludge
provides additional treatment to reduce vector attraction
characteristics of the sewage sludge from your facility. Also indicate
whether any of vector attraction reduction options 1-8 are met before
the sewage sludge leaves the receiving facility. Options 1-8 are
typically met at the point of sewage sludge generation or treatment;
additional options are available, but these are typically met at the
point of use or disposal.
Land application: Sewage sludge applied to agricultural land,
forest, a public contact site, or a reclamation site must meet one of
vector attraction reduction options 1-10, which are defined at
Sec. 503.33(b) (1)-(10), respectively. Sewage sludge applied to a lawn
or home garden, or placed in a bag or other container for sale or give-
away for application to the land, must meet one of vector attraction
reduction options 1-8, defined at Sec. 503.33(b) (1)-(8), respectively.
Surface disposal: Sewage sludge placed on an active sewage sludge
unit meet one of vector attraction reduction options 1-11, which are
defined at Sec. 503.33(b) (1)-(11), respectively.
Provide a written description of any treatment processes used at
the receiving facility to reduce vector attraction reduction
characteristics of sewage sludge, including an indication of how the
treatment fulfills one of options 1-8 for vector attraction reduction.
You may attach existing documentation (e.g., technical or process
specifications) to meet this requirement.
g. Provide a written description of any other treatment or blending
not described in B.6.e or B.6.f above. This does not include dewatering
of sewage sludge. You may attach existing documentation (e.g.,
technical or process specifications) to meet this requirement.
h. If you generate sewage sludge or derive a material from sewage
sludge, and you provide that sewage sludge to another person who
derives a material from the sewage sludge, Sec. 503.12(g) requires you
to provide that person with notice and necessary information to comply
with land application requirements of Part 503. If you answered ``yes''
to B.6.e, B.6.f, or B.6.g, the receiving facility is a ``person who
prepares sewage sludge'' and you must provide, with this application, a
copy of any notice and other information you provide to the receiving
facility.
i. If the receiving facility places sewage sludge from your
facility in a bag or other container for sale or give-away for
application to the land, provide a copy of all labels or notices that
accompany the product being sold or given away.
A bag or other container includes an open or closed receptacle such
as a bucket, box, carton, or vehicle or trailer with a load capacity of
one metric ton or less.
When sewage sludge is placed in a bag or other container for sale
or give-away for application to the land, either a label must be
affixed to the bag or other container, or an information sheet must be
provided to the person receiving the sewage sludge. The label or
information sheet must contain the following information:
The name and address of the person who prepared the sewage
sludge that is sold or given away in a bag or other container for
application to the land;
A statement that application of the sewage sludge to the
land is prohibited except in accordance with the instructions on the
label or information sheet; and
The annual whole sludge application rate for the sewage
sludge that does not cause any of the annual pollutant loading rates in
Table 4 of Sec. 503.13 to be exceeded.
B.7. Land Application of Bulk Sewage Sludge. Complete this section
if bulk sewage sludge from your facility is sprayed or spread onto the
land surface, injected below the land surface, or incorporated into the
soil in order to condition the soil or fertilize crops or vegetation
grown in the soil.
Skip this section, however, for sewage sludge that is:
Covered in Section B.4 (i.e., it meets the ceiling
concentrations in Table 1 of Sec. 503.13(b)(1), the pollutant
concentrations in Table 3 of Sec. 503.13(b)(3), the Class A pathogen
reduction requirements in Sec. 503.32(a), and one of the vector
attraction reduction options in Sec. 503.33(b)(1)-(8)); 1
Covered in Section B.5 (i.e., it is placed in a bag or
other container for sale or give-away for application to the land); or
Covered in Section B.6 (i.e., it is sent to another
facility for treatment or for blending).
Bulk sewage sludge is defined as sewage sludge that is not sold or
given away in a bag or other container for application to the land. (A
bag or other container includes an open or closed receptacle such as a
bucket, box, carton, or vehicle or trailer with a load capacity of one
metric ton or less.)
If you complete this section (which requests summary information
for all bulk sewage sludge that is applied to the land), also complete
Section C for each land application site.
a. Provide the total dry metric tons per 365-day period your
facility sends to all land application sites. Do not include sewage
sludge sent to land application sites by other facilities.
b. Indicate whether all land application sites are identified in
Section C of this application. If you are not identifying all sites in
Section C, provide a copy of the land application plan with this permit
application. (Information is collected in Section C for each land
application site that has been identified at the time of permit
application.)
Current regulations require you to submit a land application plan
at the time of permit application if you intend to apply sewage sludge
to land application sites that have not been identified at the time of
permit application. (This requirement does not apply if your sewage
sludge meets the ceiling concentrations in Table 1 of
Sec. 503.13(b)(1), the pollutant concentrations in Table 3 of
Sec. 503.13(b)(3), the Class A pathogen reduction requirements in
Sec. 503.32(a), and one of the vector attraction reduction options in
Sec. 503.33(b) (1)-(8).)
At a minimum, the land application plan must:
Describe the geographical area covered by the plan;
Identify site selection criteria;
Describe how sites will be managed;
Provide for advance notice to the permitting authority of
specific land application sites and a reasonable time for the
permitting authority to object prior to the sewage sludge application;
and
Provide for advance public notice as required by State and
local law, but in all cases require notice to land owners and occupants
adjacent to or abutting the proposed land application sites.
The permit writer will work with you to develop additional details
of the land application plan on a case-by-case basis.
[[Page 62653]]
Such details include site selection criteria (site slope, run-on and
run-off control, etc.) and site management guidelines (sludge
application rates, access controls, etc.).
The land application plan is an alternative to either (1) requiring
identification of, and permit conditions for, all potential land
application sites at the time of permit issuance, or (2) requiring an
individual permit action for each approval of a land application site.
A land application plan provides for public notice when the land
application plan is developed as part of the permit, and it discusses
how the public will be notified on a case-by-case basis. For this
reason, public notice of the permit will be required to reach areas
within the territorial scope of the land application plan. The public
notice must indicate that the permit includes a land application plan,
and the fact sheet must briefly describe the contents of the land
application plan.
c. If any land application sites are located in States other than
the State where you generate the bulk sewage sludge or derive the
material from sewage sludge, describe how the permitting authority will
be notified in the States where the land application sites are located.
The permitting authority is either:
The State, in cases where the State has an EPA-approved
sewage sludge management program; or
The EPA Region, in cases where a State sewage sludge
management program has not yet been approved.
The notice must include the following:
The physical location, by either street address or
latitude and longitude, of each land application site;
The approximate time period bulk sewage sludge will be
applied to the site;
The name, address, and telephone number of the person who
prepares the bulk sewage sludge and the NPDES permit number (if
applicable) of their facility; and
The name, address, and telephone number of the person who
will apply the bulk sewage sludge and the NPDES permit number (if
applicable) for their facility.
B.8. Surface Disposal. Complete this section if sewage sludge from
your facility is placed on a surface disposal site. If you own or
operate a surface disposal site, also complete Section D.
a. Provide the total dry metric tons per 365-day period that is
sent from your facility to all surface disposal sites. Do not include
sewage sludge sent to surface disposal sites by other facilities.
A surface disposal site is an area of land that contains one or
more active sewage sludge units. An active sewage sludge unit is a
sewage sludge unit that has not closed. A sewage sludge unit is land on
which only sewage sludge is placed for final disposal, excluding land
on which sewage sludge is either stored or treated.
b. If sewage sludge from your facility is placed on any surface
disposal sites that you do not own or operate, complete B.8.c-B.8.f for
each surface disposal site that you do not own or operate. If you send
sewage sludge to more than one surface disposal site that you do not
own or operate, attach additional pages as necessary.
c. Provide the official or legal name (or number) of the site
receiving the sewage sludge. Do not use a colloquial name.
d. Provide the name, title, and work telephone number of a person
who is thoroughly familiar with the operation of the surface disposal
site, and who can be contacted by the permitting authority if
necessary.
Indicate whether the facility contact is the site owner, the site
operator, or both. For purposes of this form, the owner is the person
that owns a part of or the entire facility. The operator is the person
responsible for the overall operation of the facility, and may be
different from the owner. In general, the operator is the person
responsible for the daily functioning of the facility, including sewage
sludge use or disposal.
e. Provide the complete mailing address for the surface disposal
site where correspondence should be sent.
f. Provide the total dry metric tons of sewage sludge per 365-day
period from your facility placed on this surface disposal site. Do not
include sewage sludge sent to this surface disposal site by other
facilities.
B.9. Incineration. Complete this section if sewage sludge from your
facility is fired in a sewage sludge incinerator. If you own or operate
a sewage sludge incinerator, also complete Section E.
a. Provide the total dry metric tons of sewage sludge per 365-day
period that is sent from your facility to all sewage sludge
incinerators. Do not include sewage sludge sent to sewage sludge
incinerators by other facilities.
A sewage sludge incinerator is an enclosed device in which sewage
sludge and auxiliary fuel are fired. Auxiliary fuel is fuel used to
augment the fuel value of sewage sludge, including natural gas, fuel
oil, coal, gas generated during anaerobic digestion of sewage sludge,
and municipal solid waste (not to exceed 30 percent of the dry weight
of sewage sludge and auxiliary fuel together).
b. If you do not own or operate a sewage sludge incinerator in
which sewage sludge from your facility is fired, complete B.9.c-B.9.f
each sewage sludge incinerator that you do not own or operate.
c. Provide the official or legal name or number of the sewage
sludge incinerator. Do not use a colloquial name.
d. Provide the name, title, and work telephone number of a person
who is thoroughly familiar with the operation of the sewage sludge
incinerator, and who can be contacted by the permitting authority if
necessary.
Indicate whether the incinerator contact is the owner, the
operator, or both. For purposes of this form, the owner is the person
that owns a part of or the entire facility. The operator is the person
responsible for the overall operation of the facility, and may be
different from the owner. In general, the operator is the person
responsible for the daily functioning of the facility, including sewage
sludge use or disposal.
e. Provide the complete mailing address at the sewage sludge
incinerator where correspondence should be sent.
f. Provide the total dry metric tons of sewage sludge per 365-day
period from your facility fired in this sewage sludge incinerator. Do
not include sewage sludge sent to this incinerator by other facilities.
B.10. Disposal on a Municipal Solid Waste Landfill.
Complete this section if sewage sludge from your facility is placed
on a municipal solid waste landfill (MSWLF) unit.
Provide the information in this section once for each MSWLF on
which sewage sludge from your facility is placed. If sewage sludge from
your facility is placed on more than one MSWLF, attach additional pages
as necessary.
The Part 503 sewage sludge use or disposal regulation does not
impose additional requirements on sewage sludge that is sent to a
MSWLF, but they cross-reference existing criteria for MSWLFs at 40 CFR
Part 258. Therefore, if sewage sludge from your facility is placed on a
MSWLF unit, your permit must contain conditions regulating such
disposal.
A MSWLF unit is a discrete area of land or an excavation that
receives household waste, and that is not a land application unit,
surface impoundment, injection well, or waste pile, as those terms are
defined under Sec. 257.2. A
[[Page 62654]]
MSWLF unit also may receive other types of RCRA subtitle D wastes, such
as commercial solid waste, nonhazardous sludge, small quantity
generator waste and industrial solid waste. Such a landfill may be
publicly or privately owned.
a. Provide the official or legal name of the MSWLF. Do not use a
colloquial name.
b. Provide the name, title, and work telephone number of a person
who is thoroughly familiar with the operation of the MSWLF, and who can
be contacted by the permitting authority if necessary.
c. Provide the complete mailing address for the MSWLF where
correspondence should be sent. This may differ from the MSWLF location
given below.
d. Provide the physical location (street address) of the MSWLF. If
the MSWLF lacks a street address or route number, provide the most
accurate alternative geographic information (e.g., township and range,
section or quarter section number, nearby highway intersection).
e. Provide the total dry metric tons per 365-day period that is
sent from your facility to this MSWLF. Do not include sewage sludge
sent to the MSWLF by other facilities.
f. Provide the number and type of any relevant Federal, State, or
local environmental permits or construction approvals received or
applied for by the MSWLF.
g. Submit information to determine whether the sewage sludge placed
on this MSWLF meets applicable requirements for disposal of sewage
sludge on a MSWLF.
Sewage sludge placed on a MSWLF must meet requirements in Part 258
concerning the quality of materials placed on a MSWLF unit. In
particular:
Placement on a MSWLF of bulk or noncontainerized liquid
waste, as determined using the Paint Filter Liquids Test (Method 9095
in ``Test Methods for Evaluating Solid Wastes, Physical/Chemical
Methods--EPA Pub. No. SW-846.), is prohibited.
Placement on a MSWLF of a regulated hazardous waste, as
defined in 40 CFR 261.3, is prohibited.
If sewage sludge is used as a cover at a MSWLF, the MSWLF
owner/operator must demonstrate that the sewage sludge is suitable for
use as a cover, and that it provides sufficient control of disease
vectors, fires, odors, blowing litter, and scavenging and does not
present a threat to human health and the environment.
h. Indicate whether the MSWLF complies with criteria set forth in
40 CFR Part 258.
Part 258 specifies minimum Federal criteria for MSWLFs, including
landfills that accept sewage sludge along with household waste. Among
these requirements are location restrictions, facility design and
operating criteria, ground-water monitoring, and corrective action,
closure and post-closure care, along with financial assurance
requirements. In contrast to Part 503, Part 258 controls sewage sludge
placed on MSWLFs through a facility design and management practice
approach. In Part 503, EPA has adopted the Part 258 criteria as the
appropriate standard for sewage sludge disposed of with municipal
waste. EPA concluded that if sewage sludge is disposed of in a MSWLF
complying with Part 258 criteria, public health and the environment are
protected.
Note that the POTW is legally responsible for knowing whether a
MSWLF is in compliance with Part 258 and may be liable if it sends its
sludge to an MSWLF that is not in compliance with Part 258.
Section C: Land Application of Bulk Sewage Sludge
Complete this section if you completed Section B.7 (Land
Application of Bulk Sewage Sludge). Unless the permitting authority
specifically requires you to complete this section, you may skip this
section for sewage sludge that is covered in any of the following
sections of this application:
Section B.4 (the sewage sludge meets the ceiling
concentrations in Table 1 of Sec. 503.13(b)(1), the pollutant
concentrations in Table 3 of Sec. 503.13(b)(3), the Class A pathogen
reduction requirements in Sec. 503.32(a), and one of the vector
attraction reduction options in Sec. 503.33(b) (1)-(8)). Such sewage
sludges are exempt from the general requirements and management
practices of Part 503 when they are land applied (unless the permitting
authority requires otherwise), and thus the site information in Section
C is not required for permitting.
Section B.5 (the sewage sludge is placed in a bag or other
container for sale or give-away for application to the land). Section C
does not cover the sale or give-away of sewage sludge in a bag or other
container for application to the land because EPA typically will not
control the users of such sewage sludge (typically, home gardeners or
other small-scale users), or the land on which the sludge is applied,
through the generator's permit.
Section B.6 (the sewage sludge is sent to another facility
for treatment or for blending). Section C does not apply to a generator
that sends sewage sludge to another facility for treatment or for
blending, because the Part 503 requirements addressed by Section C will
largely be the responsibility of the receiving facility.
Bulk sewage sludge is defined as sewage sludge that is not sold or
given away in a bag or other container for application to the land. (A
bag or other container includes an open or closed receptacle such as a
bucket, box, carton, or vehicle or trailer with a load capacity of one
metric ton or less.)
Provide the information in this section for each land application
site that has been identified at the time of permit application. Attach
additional pages as necessary. In cases where the sewage sludge is
applied to numerous sites with similar characteristics, you may combine
the information for several sites under a single response (the name and
address of each site must still be provided, however).
C.1. Identification of Land Application Site.
a. Provide the site name or number. The name or number is any
designation commonly used to refer to the site. If the site has been
previously designated in another permit, use that designation.
b. Answer either question 1 or question 2.
1. Provide the physical location (street address) of the land
application site. If the site lacks a street address or route number,
provide the most accurate alternative geographic information (e.g.,
township and range, section or quarter section number, nearby highway
intersection).
2. Provide the latitude and longitude of the facility. If a map was
used to obtain latitude and longitude, provide map datum (e.g., NAD 27,
NAD 83) and map scale (e.g., 1:24000, 1:100000).
C.2. Owner Information.
a. Indicate whether you are the owner of this land application
site. For purposes of this form, the owner is the person that owns a
part of or the entire land application site.
b. If you are not the owner of this land application site, provide
the name, telephone number, and complete mailing address for the site
owner.
C.3. Applier Information.
a. Indicate whether you are the person who applies sewage sludge to
this land application site.
b. If you are not the person who applies sewage sludge to this land
application site, provide the name,
[[Page 62655]]
telephone number, and mailing address of the person who applies sewage
sludge to this land application site.
C.4. Site Type. The ``type of land application site'' is the
intended end use of the land. Part 503 regulates bulk sewage sludge
applied to agricultural land, forest, public contact sites, reclamation
sites, and lawns and home gardens. Proper identification of the type of
land application site is important because the applicable Part 503
requirements--and thus permit conditions--differ according to the type
of site.
Agricultural land is land on which a food crop, a feed crop, or a
fiber crop is grown. This includes range land, which is open land with
indigenous vegetation, and pasture, which is land on which animals feed
directly on crops such as grasses, grain stubble, or stover.
Forest is a tract of land thick with trees and underbrush.
A public contact site is land with a high potential for contact by
the public. Public contact sites include public parks, ball fields,
cemeteries, plant nurseries, turf farms, and golf courses.
A reclamation site is land that has been drastically disturbed by
strip mining, fires, construction, etc. As part of the reclamation
process, sewage sludge is applied for its nutrient and soil
conditioning properties to help stabilize and revegetate the land.
C.5. Crop or Other Vegetation Grown on Site.
a. Identify the type of crop or other vegetation grown on this land
application site. If the crop or vegetation to be grown on the site is
not yet known, or is likely to change in an unforeseeable manner during
the life of the permit, you may so indicate instead of providing the
type of crop or other vegetation.
b. Provide the nitrogen requirement for the crop or other
vegetation listed in C.5.a. Information on the nitrogen content of
vegetation grown on the site may be obtained from local agricultural
extension services, a local Farm Advisor's Office, or published
sources.
C.6. Vector Attraction Reduction. Identify any vector attraction
reduction requirements that are met at the land application site.
a. Specifically, indicate whether vector attraction reduction
option 9 (injection below soil surface) or option 10 (incorporation
into soil within 6 hours) is met.
Bulk sewage sludge that is applied to the land may meet any of
vector attraction reduction options 1-10, as identified in
Sec. 503.33(b) (1)-(10), respectively. Options 1-8 were covered in
Section B.3, which requests information on sewage sludge treatment at
the facility generating the sewage sludge. If you met any of options 1-
8 (e.g., processes to reduce volatile solids, reduce specific oxygen
uptake rate, raise pH, raise percent solids), you should have
identified that option in Question B.3.c and described how the option
is met in Question B.3.d.
By contrast, vector attraction reduction options 9 and 10 are
typically met at the land application site. Options 9 and 10 are not
available for sewage sludge applied to a lawn or home garden.
b. Provide a written description of how the vector attraction
reduction is met.
C.7. Ground-Water Monitoring. If any ground-water monitoring data
are available for this land application site, submit the following with
the application:
Available ground-water monitoring data; and
A written description of the well locations, approximate
depth to ground water, and the ground-water monitoring procedures used
to obtain these data (you may attach existing documentation to fulfill
this requirement).
For purposes of this form, ground-water monitoring means the
installation and periodic sampling and analysis of small-diameter wells
screened in the aquifer below the base of the deepest active sewage
sludge unit.
C.8. Cumulative Loadings and Remaining Allotments.
Complete Section C.8. only for sewage sludge that is applied to the
site subject to cumulative pollutant loading rates (CPLRs). Sewage
sludge applied to the site on or before July 20, 1993, is not subject
to this section.
a. Indicate whether you have contacted the permitting authority in
the State where the bulk sewage sludge will be applied to ascertain
whether bulk sewage sludge subject to CPLRs has been applied to the
site since July 20, 1993.
If applicable, provide the name of the permitting authority and the
name and phone number of the contact person at the permitting
authority.
You may not apply bulk sewage sludge subject to CPLRs to the site
until you have contacted the permitting authority in that State.
The permitting authority is either:
The State, in cases where the State has an EPA-approved
sewage sludge management program; or
The EPA Region, in cases where a State sewage sludge
management program has not yet been approved.
If you answered yes to C.8.a, continue on to C.8.b. If you answered
no, skip the rest of Section C.8.
b. Indicate whether, based on your investigation in Section C.8.a
or other information, sewage sludge subject to CPLRs has been applied
to the site since July 20, 1993.
If you answered yes to C.8.b, continue on to C.8.c. If you answered
no, skip the rest of Section C.8.
c. Provide the following information for every other facility that
sends (or has sent since July 20, 1993) bulk sewage sludge subject to
CPLRs to this site:
The official or legal name of the facility. Do not use a
colloquial name.
If available, the name, title, and work telephone number
of a person who is thoroughly familiar with the facility, and who can
be contacted by the permitting authority if necessary.
The complete mailing address at the facility where
correspondence should be sent.
Section D: Surface Disposal
Complete this section if you own or operate a surface disposal site
and are required to submit a full permit application (i.e., Part 2 of
Form 2S) at this time.
A sewage sludge surface disposal site is, by definition, a
treatment works treating domestic sewage, and the owner/operator of the
site is required to apply for a permit. You are required to submit Part
2 of this form (including Section D) if:
The surface disposal site is already covered by an NPDES
permit (e.g., a POTW's NPDES permit);
You are requesting site-specific pollutant limits for an
active sewage sludge unit at the surface disposal site; or
You have been required by the permitting authority to
submit a full permit application at this time.
If none of these criteria apply, you should submit Part 1 instead
of Part 2 (and may therefore skip Section D). Part 1 requests a limited
amount of information from so-called ``sludge-only'' facilities
(facilities without a currently-effective NPDES permit) that are not
requesting site-specific permit limits and are not otherwise required
to submit a full permit application at this time. Part 1 is intended to
allow the permitting authority to identify these facilities, track
sewage sludge use and disposal, and establish priorities for
permitting.
D.1. Information on Active Sewage Sludge Units. Complete Sections
D1. through D5 for each active sewage sludge unit you own or operate.
If you own or operate more than one active
[[Page 62656]]
sewage sludge unit, attach additional pages as necessary.
An active sewage sludge unit is an area of land on which only
sewage sludge is placed for final disposal. Sewage sludge units
include, but are not limited to, natural topographical depressions,
man-made excavations, or diked areas designed to dispose of (not treat)
sewage sludge. Sewage sludge units do not include areas where sewage
sludge is generated as a result of ongoing treatment (e.g., polishing
ponds) or land on which sewage sludge is placed for either treatment or
storage. Sewage sludge may be stored on an area of land for a period
equal to or less than two years. If sewage sludge remains on an area of
land for greater than two years, the person who prepares the sewage
sludge must develop a rationale for why the land should not be
considered an active sewage sludge unit.
Most requirements for surface disposal of sewage sludge under Part
503 pertain to individual active sewage sludge units at a surface
disposal site. Permit conditions for your facility may be developed on
a unit-by-unit basis, or may be developed for the entire surface
disposal site if all units are sufficiently similar.
a. Provide the name or number of the active sewage sludge unit. The
name or number is any designation commonly used to refer to the unit.
If the active sewage sludge unit has been previously designated in
another permit, use that designation.
b. Provide the physical location (street address) of the active
sewage sludge unit. If the active sewage sludge unit lacks a street
address or route number, provide the most accurate alternative
geographic information (e.g., township and range, section or quarter
section number, nearby highway intersection).
c. Provide the total dry metric tons per 365-day period placed on
the active sewage sludge unit. The amount of sewage sludge placed on an
active sewage sludge unit determines the frequency of monitoring for
sewage sludge placed on the active sewage sludge unit.
d. Provide the total number of dry metric tons of sewage sludge
placed on the active sewage sludge unit over the life of the unit to
date.
e. Indicate whether the active sewage sludge unit has a liner. A
liner is defined as soil or synthetic material with a maximum hydraulic
conductivity (permeability) of 1 x 10-7 cm/sec.
If the active sewage sludge unit has a liner, describe the material
from which the liner is constructed and specify the design hydraulic
conductivity of that material.
f. Indicate whether the active sewage sludge unit has a leachate
collection system. A leachate collection system is a system or device
installed immediately above a liner that is designed, constructed,
maintained, and operated to collect and remove leachate from a sewage
sludge unit.
If the active sewage sludge unit has a leachate collection system,
describe how the system is designed and operated. Also describe the
method used for leachate disposal, such as discharge to surface water
(provide all applicable permit numbers) or disposal at a hazardous
waste treatment, storage, or disposal facility (provide Federal, State,
and local permit numbers for this facility).
g. If you answered yes to both D.1.e and D.1.f, pollutant limits do
not apply to the active sewage sludge unit.
If the boundary of the active sewage sludge unit without a liner
and leachate collection system is less than 150 meters from the
property line of the surface disposal site, provide the actual distance
in meters.
When the boundary of an active sewage sludge unit without a liner
and leachate collection system is less than 150 meters from the
property line of the surface disposal site, the pollutant limits for
the unit are determined according to the actual distance, as indicated
in Table 2 of Sec. 503.23.
h. Provide the remaining capacity of the active sewage sludge unit,
in dry metric tons, and the anticipated closure date of the active
sewage sludge unit, if known. Attach to the application a copy of any
closure plan that has been developed for the active sewage sludge unit.
D.2. Sewage Sludge from Other Facilities. If sewage sludge is sent
to this active sewage sludge unit by any facilities other than your
facility, complete this section for each such facility. If sewage
sludge from more than one facility other than your facility is placed
on this active sewage sludge unit, attach additional pages as
necessary.
a. Provide the official or legal name of the facility providing the
sewage sludge. Do not use a colloquial name.
b. Provide the name, title, and work telephone number of a person
who is thoroughly familiar with the operation of the facility that is
providing the sewage sludge, and who can be contacted by the permitting
authority if necessary.
c. Provide the complete mailing address of the facility providing
the sewage sludge.
d. Indicate the class of pathogen reduction that is achieved before
sewage sludge leaves the facility that generates the sewage sludge.
Options for meeting Class A pathogen reduction are listed at
Sec. 503.32(a). Options for meeting Class B pathogen reduction are
listed at Sec. 503.32(b).
e. Provide a written description of any treatment processes used at
the facility providing the sewage sludge to reduce pathogens in the
sewage sludge, including, where applicable, how the treatment fulfills
one of the options for meeting Class A or Class B pathogen reduction.
You may attach existing documentation (e.g., technical or process
specifications) to meet this requirement.
f. Indicate whether any of the vector attraction reduction options
1-8, (at Sec. 503.33(b) (1)-(8), respectively) are met at the facility
providing the sewage sludge. Options 1-8 are typically met at the point
of sewage sludge generation. Additional options are available, but
these are typically met at the point of disposal.
You may select ``none or unknown'' only if option 9 (injection
below land surface), option 10 (incorporation into soil within six
hours), or option 11 (daily cover) is met at the point of disposal at
this active sewage sludge unit (see Section D.3.a).
g. Provide a written description of any treatment processes used at
the facility providing the sewage sludge to reduce vector attraction
reduction characteristics of sewage sludge, including an indication of
how the treatment fulfills one of options 1-8 for vector attraction
reduction. You may attach existing documentation (e.g., technical or
process specifications) to meet this requirement.
h. Provide a written description of any other treatment processes
at the facility providing the sewage sludge that are not described in
D.2.d-D.2.g. You may attach existing documentation (e.g., technical or
process specifications) to meet this requirement.
D.3. Vector Attraction Reduction. Complete this section for each
active sewage sludge unit.
a. Indicate whether any of vector attraction reduction options 9-11
(at Sec. 503.33(b) (9)-(11), respectively) are met when the sewage
sludge is placed on this active sewage sludge unit.
Sewage sludge placed on an active sewage sludge unit must meet one
of vector attraction reduction options defined at Sec. 503.33(b) (1)-
(11). Options 1-8 are typically met at the point of sewage sludge
generation (see Question D.2.f). Options 9-11 are typically met at the
point of disposal.
[[Page 62657]]
b. Provide a written description of any treatment processes used at
the active sewage sludge unit to reduce vector attraction reduction
characteristics of sewage sludge, including an indication of how the
treatment fulfills one of options 9-11 for vector attraction reduction.
You may attach existing documentation (e.g., technical or process
specifications) to meet this requirement.
D.4. Ground-Water Monitoring.
Placement of sewage sludge on an active sewage sludge unit must not
contaminate an aquifer. Compliance must be demonstrated through either:
(1) the results of a ground-water monitoring program developed by a
qualified ground-water scientist, or (2) certification by a qualified
ground-water scientist that contamination has not occurred.
Contaminate an aquifer means to introduce a substance that causes
the maximum contaminant level (MCL) for nitrate in 40 CFR 141.11 to be
exceeded in ground water, or that causes the existing concentration of
nitrate in ground water to increase when the existing concentration of
nitrate in the ground water exceeds the MCL for nitrate in 40 CFR
141.11.
The MCL for nitrate is 10 milligrams/liter.
This section solicits existing ground-water monitoring data and
other documentation to indicate the potential for contamination of an
aquifer at the active sewage sludge unit, and the capability of the
owner/operator of the surface disposal site to demonstrate that
contamination has not occurred.
a. If ground-water monitoring is conducted for this active sewage
sludge unit, provide the following:
Available ground-water monitoring data; and
A written description of the well locations, approximate
depth to ground water, and the ground-water monitoring procedures used
to obtain these data (you may attach existing documentation to fulfill
this requirement).
For purposes of this application, ground-water monitoring means the
installation and periodic sampling and analysis of small-diameter wells
in the aquifer below the base of the deepest active sewage sludge unit.
b. If a ground-water monitoring program has been prepared for this
active sewage sludge unit (regardless of whether ground-water
monitoring is currently conducted), submit a copy of the program with
this permit application. The program should include the number, depth,
and location of all wells; the frequency and method of sampling; and
the parameters for which the ground water is tested.
c. If you have obtained a certification from a qualified ground-
water scientist that contamination of the aquifer below the active
sewage sludge unit has not occurred, submit a copy of the certification
with this permit application.
A qualified ground-water scientist is an individual with a
baccalaureate or post-graduate degree in the natural sciences or
engineering who has sufficient training and experience in ground-water
hydrology and related fields, as may be demonstrated by State
registration, professional certification, or completion of accredited
university programs, to make sound professional judgments regarding
ground-water monitoring, pollutant fate and transport, and corrective
action.
D.5. Site-Specific Limits. Indicate whether you are seeking site-
specific pollutant limits in your permit for the sewage sludge placed
on this active sewage sludge unit.
After August 18, 1993, you are allowed to seek site-specific
pollutant limits only for good cause, and must do so within 180 days of
becoming aware that good cause exists. If you request site-specific
pollutant limits with this permit application, you are required to
submit information supporting the request, including a demonstration
that existing values for site parameters specified by the permitting
authority differ from the values for those parameters used to develop
the pollutant limits in Table 1 of Sec. 503.23. You must also submit
follow-up information at the request of the permitting authority.
If the permitting authority determines that site-specific pollutant
limits are appropriate, the permitting authority may specify site-
specific limits in the permit as long as the existing concentrations of
the pollutants in the sewage sludge are not exceeded.
Section E: Incineration
Complete this section if you own or operate a sewage sludge
incinerator. If you own or operate more than one sewage sludge
incinerator, complete this section for each incinerator unit. Attach
additional pages as necessary.
A sewage sludge incinerator is, by definition, a treatment works
treating domestic sewage, and the owner/operator of a sewage sludge
incinerator is required to submit a full permit application (i.e., Part
2 of Form 2S).
E.1. Incinerator Identification.
a. Provide the name or number of the sewage sludge incinerator
unit. The name or number is any designation commonly used to refer to
the unit. If the unit has been previously designated in another permit,
use that designation.
b. Provide the physical location (street address) of the sewage
sludge incinerator. If the incinerator lacks a street address or route
number, provide the most accurate alternative geographic information
(e.g., township and range, section or quarter section number, nearby
highway intersection).
E.2. Amount Fired. Provide the total dry metric tons of sewage
sludge (dry weight basis) fired in the sewage sludge incinerator unit
per 365-day period.
E.3. Beryllium NESHAP.
The firing of sewage sludge in a sewage sludge incinerator must not
violate the National Emission Standard (NESHAP) for beryllium as
established in Subpart C of 40 CFR Part 61. The beryllium NESHAP only
applies, however, to sewage sludge incinerators firing ``beryllium-
containing waste.'' The beryllium NESHAP is 10 grams of beryllium in
the exit gas over a 24-hour period, unless the incinerator owner/
operator has been approved to meet a 30-day average ambient
concentration limit on beryllium in the vicinity of the sewage sludge
incinerator of 0.01 g/m\3\. Complete this section to
demonstrate compliance with the beryllium NESHAP.
a. Indicate whether sewage sludge fired in this sewage sludge
incinerator is beryllium-containing waste. Beryllium-containing waste
is material contaminated with beryllium or beryllium compounds used or
generated during any process or operation performed by one of several
sources.
Submit information, test data, and a description of measures taken
that demonstrate whether the sewage sludge fired in this sewage sludge
incinerator is beryllium-containing waste, and will continue to remain
as such.
b. If the sewage sludge fired in this sewage sludge incinerator is
beryllium-containing waste, submit a complete report of the latest
beryllium emission rate testing, as well as documentation of ongoing
incinerator operating parameters indicating that the NESHAP emission
rate limit for beryllium has been and will continue to be met.
E.4. Mercury NESHAP.
The firing of sewage sludge in a sewage sludge incinerator must not
violate the NESHAP for mercury as established in Subpart E of 40 CFR
Part 61. Complete this section to demonstrate compliance with the
mercury NESHAP.
a. Indicate whether stack testing or sewage sludge sampling is
being used to demonstrate compliance with the mercury NESHAP. If stack
testing is
[[Page 62658]]
used, complete E.4.b. below. If sewage sludge sampling is used,
complete E.4.c. below.
b. Stack testing option. Stack testing must be conducted using
Method 101A in 40 CFR Part 61, Appendix B (``Determination of
Particulate and Gaseous Mercury Emissions from Sewage Sludge
Incinerators''). The total quantity of mercury emitted into the
atmosphere from all incinerators at a site must not exceed 3200 grams
over a 24-hour period.
If stack testing is used, submit the following with this
application:
A complete report of stack testing and documentation of
ongoing incinerator operating parameters indicating that the
incinerator has and will continue to meet the mercury NESHAP emission
rate limit.
Copies of mercury emission rate tests for the two most
recent years in which testing was conducted.
c. Sampling option. Sewage sludge must be sampled and analyzed
using Method 105 in 40 CFR Part 61 Appendix B (``Determination of
Mercury in Wastewater Treatment Plant Sewage Sludge''), and the mercury
emissions calculated using the following equation must not exceed 3200
grams over a 24-hour period:
[GRAPHIC][TIFF OMITTED]TP06DE95.046
where:
EHg=mercury emissions, g/day
M=mercury concentration in sewage sludge on a dry solids basis, in
micrograms/gram
Q=sludge charging rate, in kg/day
Fsm = weight fraction of solids in the collected sewage sludge
after mixing.
If sewage sludge sampling is used, submit a complete report of
sewage sludge sampling and documentation of ongoing incinerator
operating parameters indicating that the incinerator has and will
continue to meet the mercury NESHAP emission rate limit.
E.5. Dispersion Factor.
a. Provide the dispersion factor, in micrograms/cubic meter/gram/
second, for the sewage sludge incinerator.
The dispersion factor is the ratio of the increase in the ground-
level ambient air concentration for a pollutant at or beyond the
property line of the site where the sewage sludge incinerator is
located to the mass emission rate for the pollutant from the
incinerator stack. The dispersion factor is calculated individually by
each applicant based on the results of an air dispersion model
specified by the permitting authority.
b. Provide the name and type of the air dispersion model used to
obtain the dispersion factor.
Approved air dispersion models are listed in EPA's Guideline on Air
Quality Models and EPA's Support Center for Regulatory Air Models
(SCRAM) bulletin board. Unless a pre-existing modeling effort has been
used to calculate dispersion factor (and the results have been approved
by EPA), you should work closely with the permitting authority to
prepare a modeling protocol.
c. Submit a copy of the modeling results and supporting
documentation with this application.
E.6. Control Efficiency.
a. Provide the control efficiency, in hundredths, for arsenic,
cadmium, chromium, lead, and nickel at this sewage sludge incinerator.
Control efficiency is the mass of a pollutant in the sewage sludge
fed to an incinerator minus the mass of that pollutant in the exit gas
from the incinerator stack, divided by the mass of the pollutant in the
sewage sludge fed to the incinerator.
b. Submit a copy of the results of performance testing and
supporting documentation, including testing dates.
Control efficiency must be determined by a performance test, the
protocol for which must be approved by EPA.
E.7. Risk Specific Concentration for Chromium. The risk specific
concentration (RSC) for arsenic, cadmium, chromium, and nickel is used
to calculate pollutant limits for these metals in the permit. With the
exception of chromium, the RSC for these metals is provided in Table 1
of Sec. 503.43. The RSC for chromium, however, may be determined in two
ways: (1) it may be located in Table 2 of Sec. 503.43 according to the
type of incinerator; or (2) it may be calculated based on the ratio of
hexavalent chromium to total chromium in the exhaust stack gas.
a. Provide the RSC to be used in establishing a permit limit for
chromium, in micrograms per cubic meter.
b. Specify whether the RSC was:
Provided in Table 2 of Sec. 503.43; or
Calculated, using Equation 6 in 40 CFR 503.43, based on
the ratio of hexavalent chromium to total chromium in the exhaust stack
gas.
c. If the RSC was looked up in Table 2 of Sec. 503.43, identify
which category of incinerator type you used to obtain the RSC.
d. If you calculated the RSC using Equation 6 in 40 CFR 503.43,
provide the decimal fraction of hexavalent chromium concentration to
total chromium concentration in the stack exit gas. Also submit the
results of incinerator stack tests for hexavalent and total chromium
concentrations, including date(s) of test.
E.8. Operational Standard for Total Hydrocarbons (THC) or Carbon
Monoxide (CO).
Total hydrocarbons (THC) means the organic compounds in the exit
gas from a sewage sludge incinerator stack, as measured using a flame
ionization detection instrument referenced to propane. Carbon monoxide
(CO) can be monitored instead of THC. The operational standard for THC
or CO requires that the THC or CO concentration in the exit gas be
corrected for zero percent moisture and to seven percent oxygen.
a. Provide the raw value for the THC or CO concentration in stack
emissions, in parts per million (ppm). The raw value is the
concentration measured directly by the flame ionization detection
instrument.
b. Provide the percent of moisture content in stack gas. This is
used to correct the raw THC or CO concentration value for zero percent
moisture.
c. Provide percent oxygen concentration in stack gas (in dry
volume/dry volume). This is used, after correction of the THC or CO
concentration for zero percent moisture, to correct the THC or CO
concentration to seven percent oxygen.
d. Provide the corrected value for the THC or CO concentration in
stack emissions, in ppm. The corrected value is the raw concentration,
corrected for zero percent moisture and to seven percent oxygen.
The raw THC or CO value is first corrected for zero percent
moisture by multiplying by the following correction factor (from 40 CFR
503.44):
[GRAPHIC][TIFF OMITTED]TP06DE95.047
where X is the decimal fraction of the percent moisture in the sewage
sludge incinerator exit gas in hundredths.
The dry value is then corrected to seven percent oxygen using the
correction factor determined according to the following equation:
[GRAPHIC][TIFF OMITTED]TP06DE95.048
where Y = percent oxygen concentration in the sewage sludge incinerator
stack exit gas (dry volume/dry volume).
e. Submit documentation used to derive the raw THC or CO
[[Page 62659]]
concentration, moisture content, oxygen concentration, and corrected
THC or CO concentration.
E.9. Operating Parameters.
a. Provide the type of sewage sludge incinerator--i.e., whether the
incinerator is multiple hearth, fluidized bed, flash drying, electric
furnace, or other.
b. Provide with the application the following data on combustion
temperature: temperature data (including testing date(s)), a
description of temperature measurement and data recording and handling
systems, and a description of how such combustion temperature data have
been averaged.
The permitting authority will use performance test data to specify
the maximum combustion temperature in the permit as a ``never to
exceed'' value. Regulated facilities must also install, calibrate,
operate, and maintain an instrument that measures and records
combustion temperatures continuously.
c. Provide the sewage sludge feed rate in dry metric tons per day,
and indicate whether the average daily amount or the maximum design
capacity feed rate was used. Submit supporting documentation describing
how the feed rate was calculated.
The average daily amount feed rate is the average daily amount of
sewage sludge fired in all sewage sludge incinerators within the
property line of the site where the sewage sludge incinerators are
located for the number of days in a 365-day period that each sewage
sludge incinerator operates.
The maximum design capacity feed rate is the average daily design
capacity for all sewage sludge incinerators within the property line of
the site where the sewage sludge incinerators are located.
The permitting authority will use the feed rate you report as the
basis for calculating pollutant limits and will include it as an
enforceable condition in the permit.
d. Provide the incinerator stack height (in meters) for each stack,
and indicate whether actual or creditable stack height was used.
The actual stack height is the difference between the elevation at
the top of the stack and the elevation of the ground at the base of the
stack, when the difference is equal to or less than 65 meters.
The creditable stack height is used if the difference is greater
than 65 meters. This is determined in accordance with 40 CFR
51.100(ii).
e. Submit information documenting the operating parameters for the
air pollution control device(s) used for this sewage sludge
incinerator.
E.10. Monitoring Equipment. Provide a detailed list of the
equipment in place to monitor total hydrocarbons or carbon monoxide,
percent oxygen, moisture content, and combustion temperature.
Monitoring equipment includes, but is not limited to, thermocouples,
oxygen continuous emissions monitors, furnace temperature gauges,
sewage sludge and auxiliary fuel feed rate monitors, differential
pressure detectors, liquid or gas flow detectors, and air pollution
control devices.
E.11. Air Pollution Control Equipment. Provide a list of the
equipment in place to control emissions from the sewage sludge
incinerator stack. Indicate the type and capacity for each piece of
equipment listed.
[FR Doc. 95-28213 Filed 12-5-95; 8:45 am]
BILLING CODE 6560-50-P