National Pollutant Discharge Elimination System (NPDES); Preparation of Draft General Permit for the States of Maine, Massachusetts, and New Hampshire

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5016-6]

National Pollutant Discharge Elimination System (NPDES);

Preparation of Draft General Permit for the States of Maine,

Massachusetts, and New Hampshire

AGENCY: Environmental Protection Agency.

ACTION: Notice; Preparation of Draft General NPDES Permits--MAG640000,

MEG640000, and NHG640000.

-----------------------------------------------------------------------

SUMMARY: The Regional Administrator of Region I is today providing

Notice of a Draft General NPDES Permit for water treatment facilities

in certain waters of the States of Maine, Massachusetts, and New

Hampshire. This draft general NPDES Permit proposes effluent

limitations, standards, prohibitions and management practices for these

types of discharges (Appendix A contains the Draft General NPDES

Permits and Appendix B is the Draft General Conditions applicable to

all three general permits). The permit will become effective 30 days

after the date of publication of the final general permit in the

Federal Register. The permit will expire 5 years from the effective

date. Owners and/or operators of facilities discharging effluent from

water treatment facilities will be required to submit to EPA, Region I,

a notice of intent (NOI) to be covered by the appropriate general

permit and will receive a written notification from EPA of permit

coverage and authorization to discharge under the general permit.

The draft permit is based on an administrative record available for

public review at: Environmental Protection Agency, Region I, John F.

Kennedy Federal Building, WMM, Boston, Massachusetts 02203.

The following ``Fact Sheet and SUPPLEMENTARY INFORMATION'' section

sets forth principal facts and the significant factual, legal, and

policy questions considered in the development of the draft permits.

DATES: For comment period: Interested persons may submit comments on

the draft general permits as part of the administrative record to the

Regional Administrator, Region I at the address given in the preceeding

``SUMMARY'' section no later than August 29, 1994.

FOR FURTHER INFORMATION AND COPIES OF DRAFT GENERAL NPDES PERMITS:

Additional information concerning the draft permits may be obtained

between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday

excluding holidays from: Suprokash Sarker, Wastewater Management

Branch, Water Management Division, Environmental Protection Agency,

J.F. Kennedy Federal Building, WMN, Boston, Massachusetts 02203,

Telephone (617) 565-3573.

FACT SHEET AND SUPPLEMENTARY INFORMATION:

I. Background Information

A. General Permits

Section 301(a) of the Clean Water Act (the Act) provides that the

discharge of pollutants is unlawful except in accordance with a

National Pollutant Discharge Elimination System (NPDES) permit.

Although such permits to date have generally been issued to individual

discharges, EPA's regulations authorize the issuance of ``general

permits'' to categories of discharges. See 40 CFR 122.28 (48 FR 14146,

April 1, l983). EPA may issue a single, general permit to a category of

point sources located within the same geographic area whose permits

warrant similar pollutant control measures.

The Director of an NPDES permit program is authorized to issue a

general permit if there are a number of point sources operating in a

geographic area that:

1. Involve the same or substantially similar types of operations;

2. Discharge the same types of wastes;

3. Require the same effluent limitations or operating conditions;

4. Require the same or similar monitoring requirements; and

5. In the opinion of the Regional Administrator, are more

appropriately controlled under a general permit than under individual

permits.

Violations of a condition of a general permit constitutes a

violation of the Clean Water Act and subjects the discharger to the

penalties in Section 309 of the Act.

Any owner or operator authorized by a general permit may be

excluded from coverage of a general permit by applying for an

individual permit. This request may be made by submitting a NPDES

permit application together with reasons supporting the request no

later than 90 days after publication by EPA of the final general permit

in the Federal Register. The Regional Administrator may require any

person authorized by a general permit to apply for and obtain an

individual permit. Any interested person may petition the Regional

Administrator to take this action. However, individual permits will not

be issued for sources discharging effluent from water treatment

facility covered by this general permit unless it can be clearly

demonstrated that inclusion under the general permit is inappropriate.

The Regional Administrator may consider the issuance of individual

permits when:

1. The discharge(s) is a significant contributor of pollution;

2. The discharge(s) is not in compliance with the terms and

conditions of the general permit;

3. A change has occurred in the availability of demonstrated

technology or practices for the control or abatement of pollutants

applicable to the point source;

4. Effluent limitations guidelines are subsequently promulgated for

the point sources covered by the general permit;

5. A Water Quality Management plan containing requirements

applicable to such point sources is approved; or

6. The requirements listed in the previous paragraphs are not met.

B. Coverage Under This General Permit

Under this general permit, owners and operators of potable water

treatment plants in Massachusetts, Maine and New Hampshire may be

granted authorization to discharge process generated wastewaters into

waters of the respective States as follows:

a. Treated presedimentation underflow;

b. Treated underflow from the coagulation/settling processes using

aluminum compounds or polymers as coagulants; and

c. Treated filter backwash water from filters.

This permit shall apply specifically to operators that have a

discharge from a point source such as a sludge settling lagoon or other

device whereby comparable control of suspended solids is possible.

Authorization under the permit shall require prior submittal of

certain facility information. Upon receipt of all required information,

the permit issuing authority may allow or disallow coverage under the

general permit.

The following list shows the criteria which will be used in

evaluating whether or not an individual permit may be required instead

of a general permit.

1. Evidence on non-compliance under previous permit for the

operation;

2. Preservation of high quality waters and fisheries;

3. Facilities with an effluent discharge flow of over 1.00 MGD

maximum daily for the states of Massachusetts and New Hampshire and

0.15 MGD maximum daily for the state of Maine.

4. Production of effluent at the facility other than using aluminum

compound or polymer as coagulant, and

5. Use of land application as a means of discharge.

6. For the state of Maine, a minimum dilution of effluent of 100:1

in the receiving water at 7Q10 should be stipulated.

The similarity of the discharges has prompted EPA to prepare this

draft general permit for public review and comment. When issued, this

permit will enable facilities to maintain compliance with the Act and

will extend environmental and regulatory controls to a large number of

discharges and reduce some permit backlog. The issuance of this general

permit for the geographic areas described below is warranted by this

similarity of (a) environmental conditions. (b) State regulatory

requirements applicable to the discharges and receiving waters, and (c)

technology employed.

Maine

In the State of Maine, there are 271 industrial applicants or

permittees. It is estimated that 13 of the industries that have direct

discharges to the waters of the State are strictly water treatment

facilities.

New Hampshire

In the State of New Hampshire, there are 171 estimated industrial

applications or permittees. It is estimated that 2 or more of the

industries that have the direct discharges to the waters of the State

are strictly water treatment facilities.

Massachusetts

In the Commonwealth of Massachusetts, there are 651 industrial

applicants or permittees. It is estimated that 33 of the industries

that have direct discharges to the waters of the State are strictly

water treatment facilities.

II. Conditions of the Draft General NPDES Permit

A. Geographic Areas

Maine (Permit No. MEG640000)

All of the discharges to be authorized by the general NPDES permit

for the State of Maine from dischargers are limited to Class B, C, SB

and SC waters of the State, except lakes. The drainage areas must be

more than 10 square miles.

Massachusetts (Permit No. MAG640000)

All of the discharges to be authorized by the general NPDES permit

for the Commonwealth of Massachusetts dischargers are into all waters

in Water Quality Classifications B, C, SB and SC as designated in

Massachusetts Water Quality Standards, 314 CMR 4.00 et seq.

New Hampshire (Permit No. NHG640000)

All of the discharges to be authorized by the general NPDES permit

for the State of New Hampshire dischargers are into all waters of the

State of New Hampshire unless otherwise restricted by the State Water

Quality Standards, New Hampshire RSA 485-A:8.

B. Notification by Permittees

Operators of facilities whose discharge, or discharges, are

described in Part IB and whose facilities are located in the geographic

areas described in Part II. A. above may submit to the Regional

Administrator, Region I, a notice of intent to be covered by the

appropriate general permit. This written notification must include the

owner's or operator's legal name and address, the number and type of

facilities to be covered, the facility locations, the names of the

receiving waters into which discharge will occur. The facilities

authorized to discharge under a final general permit will receive

written notification from EPA, Region I, within 30 days of permit

coverage. Failure to submit to EPA, Region I, a notice of intent to be

covered or failure to receive from EPA written notification of permit

coverage means that the facility is not authorized to discharge.

C. Effluent Limitations

1. Statutory Requirements

The Clean Water Act requires all dischargers to meet effluent

limitations based on the technological capability of dischargers to

control the discharge of the pollutants. Section 301(b)(1)(A) requires

the application of ``Best Practicable Control Technology Currently

Available'' (BPT). Section 301(b)(2) (A), (C), (D), and (F) requires

the application of ``Best Available Technology Economically Available''

(BAT) by July 1, 1984, for all toxic pollutants referred to in Table 1

of Committee Print Numbered 95-30 of the Committee on Public Works and

Transportation of the House of Representatives and not later than three

years after the date any limitations are established for toxic

pollutants listed under paragraph (1) of subsection (a) of Section 307

of the Act which are not referred to in subparagraph (C) of Section

301(b)(2). Section 301(b)(2)(A) and (F) requires ``Best Available

Treatment Technology Economically Achievable'' (BAT) for

nonconventional pollution by July 1, 1984, and Section 301(b)(2)(E)

requires the application of the Best Conventional Pollutant Control

Technology (BCT) for conventional pollutants by July 1, 1984. The

effluent limitations in the general permit are consistent with these

statutory requirements.

2. Technology-based Effluent Limitations

The Environmental Protection Agency has not developed effluent

guidelines for water treatment facilities. In the absence of national

standards, effluent limitations for the TSS limitations are based upon

best professional judgement pursuant to Section 401(a)(1) of the CWA.

The ``Maximum Daily'' TSS limitation and the limitations for

settleable solids and pH are based upon state certification

requirements under Section 401(a)(1) of the CWA, 40 CFR 124.53 and

124.55, and water quality considerations.

3. Water Quality Standards

The effluent from the water treatment facility may contain toxic

pollutants due to use of chemicals and chlorine. However, they do not

contain hazardous pollutants or oil and grease. Therefore, water

quality criteria established for oil and grease and hazardous

pollutants do not apply to these discharges. Water Quality Standards

applicable to these discharges are limited to pH, seettleable solids,

and TSS. In addition testing requirements are necessary for aluminum,

chlorine and LC50, C-NOEC. The limits of total residual chlorine and

aluminum for the state of Maine are based upon state certification

requirements.

4. Antidegradation Provisions

The conditions of the permit reflect the goal of the CWA and EPA to

achieve and maintain water quality standards. The environmental

regulations pertaining to the State Antidegradation Policies which

protect the State's surface waters from falling below State standards

for water quality are found in the following provisions: Maine Title

38, Article 4-A, Section 464.4.F.; Massachusetts Water Quality

Standards 314 CMR 4.04 Antidegradation Provisions; and New Hampshire

policy RSA 485-A:8, VI Part Env-Ws 437.01 and Env-Ws 437.02.

This general permit will not apply to any new or increased

discharge unless it can be determined that such discharges will result

in insignificant effects to the receiving waters. This determination

shall be made in accordance with the appropriate State Antidegradation

Policies.

5. Monitoring and Reporting Requirements

Effluent limitations and monitoring requirements are included in

the general permit describing requirements to be imposed on facilities

to be covered.

Facilities covered by the final general permits will be required to

submit to EPA, Region I, and the appropriate State a Discharge

Monitoring Report containing effluent data on a semi-annual basis.

The monitoring requirements have been established to yield data

representative of the discharge under authority of Section 308(a) of

the Act and 40 CFR 122.41(j), 122.44(i) and 122.48, and as certified by

the State.

III. Other Requirements

The remaining conditions of the permit are based on the NPDES

regulations 40 CFR parts 122 through 125 and consist primarily of

management requirements common to all permits.

IV. State Certification

Section 301(b)(1)(C) of the Act requires that NPDES permits contain

conditions which ensure compliance with applicable State water quality

standards or limitations. Section 401 requires that States certify that

Federally issued permits are in compliance with State law.

These permits are for operations within waters of the States. EPA

is requesting the States to review and provide appropriate

certification to these general permits pursuant to 40 CFR 124.53.

V. Administrative Aspects

A. Request To Be Covered

Owners or operators of water treatment facility discharges are not

covered by this general permit until they meet two requirements. First,

they must send a letter of intent to EPA indicating that they meet the

requirements of the permit and wish to be covered. Second, they must be

notified by EPA that they are covered by a general permit. If the

facility has an existing individual NPDES permit, it will be terminated

as outlined in 40 CFR 122.28(b)(2)(iv).

B. Mechanisms

All persons, including dischargers who believe any condition of the

draft permit is inappropriate must raise all issues and submit all

available arguments and supporting material for their arguments in full

by the close of the public comment period, to the U. S. EPA, Wastewater

Management Branch, WMN, JFK Federal Building, Boston, Massachusetts,

02203. Any person, prior to such date, may submit a request in writing

for a public hearing to consider the draft permit to EPA and the State

Agency. Such requests shall state the nature of the issues proposed to

be raised in the hearing. A public hearing may be held after at least a

30-day public notice whenever the Regional Administrator finds that

response to this notice indicates significant interest. In reaching a

final decision on the draft permits, the Regional Administrator will

respond to all significant comments and make these responses available

to the public at EPA's Boston office.

Following the close of the comment period, and after the public

hearing, if such hearing is held, the Regional Administrator will issue

a final permit in the Federal Register.

C. The Coastal Zone Management Act

The Coastal Zone Management Act (CZMA), 16 U.S.C. 1451 et seq., and

its implementing regulations [15 CFR Part 930] require that any

federally licensed activity affecting the coastal zone with an approved

Coastal Zone Management Program (CZMP) be determined to be consistent

with the CZMA. EPA, Region I, has determined that these general NPDES

permits are consistent with the CZMA. EPA has requested the

Massachusetts, Maine, and New Hampshire coastal zone agencies for a

determination that these three permits are consistent with their

respective State policies.

D. The Endangered Species Act

EPA Region I has concluded that the discharges to be covered by the

general NPDES permits will not affect or jeopardize the continued

existence of any endangered or threatened species or adversely affect

its critical habitat. EPA has requested consultations with the U.S.

Fish and Wildlife Service and the National Marine Fisheries Service to

confirm this conclusion.

E. Environmental Impact Statement Requirements

The general permits do not authorize the construction of any water

resources project or the impoundment of any water body or have any

effect on historical property, and are not major Federal activities

needing preparation of any Environmental Impact Statement. Therefore,

the Wild and Scenic Rivers Act, 16 U.S.C. 1273 et seq., the National

Historic Preservation Act of 1966, 16 U.S.C 470 et seq., the Fish and

Wildlife Coordination Act, 16 U.S.C. 661 et seq., and the National

Environmental Policy Act, 33 U.S.C. 4321 et seq., do not apply to the

issuance of this general NPDES permit.

VI. Other Legal Requirements

A. Economic Impact (Executive Order 12866)

EPA has reviewed the effect of Executive Order 12866 on this draft

general permit and has determined that it is not a significant rule

under that order. This regulation was submitted previously to the

Office of Management and Budget for review as required by the former

Executive Order 12291. The Office of Management and Budget exempted

this action from the review requirements of Executive Order 12291

pursuant to Section 8(b) of that Order, which was revoked and

superseded by Executive Order 12866.

B. Paperwork Reduction Act

EPA has reviewed the requirements imposed on regulated facilities

by these draft general NPDES permits under the Paperwork Reduction Act

of 1980, 44 U.S.C. 3501 et. seq. The information collection

requirements of these draft permits have already been approved by the

Office of Management and Budget under submissions made for the NPDES

permit program under the provisions of the Clean Water Act. No comments

from the Office of Management and Budget or the public were received on

the information collection requirements in these permits.

C. The Regulatory Flexibility Act

After review of the facts presented in the notice printed above, I

hereby certify, pursuant to the provisions of 5 U.S.C. 605(b), that

this permit does not have a significant impact on a substantial number

of small entities. Moreover, the draft permit will reduce a significant

administrative burden on regulated sources.

Dated: July 6, 1994.

John P. DeVillars,

Regional Administrator.

Appendix A--Draft General Permit

Proposed Draft General Permit Under the National Pollutant

Discharge Elimination System (NPDES)

Note: The Following draft general NPDES permit has been combined

for purposes of this Federal Register notice in order to eliminate

duplication of material common to all permits for the individual

states.

1. Massachusetts, Maine and New Hampshire Draft General Permit.

In compliance with the provisions of the Federal Clean Water

Act, as amended, (33 U.S.C. 1251 et.seq.) the ``CWA'' operators of

facilities located in Part II A. which discharge effluent from water

treatment facilities as defined in Part IB at a rate of one million

gallons per day or less to waters as designated in Part II A in

accordance with effluent limitations, monitoring requirements and

other conditions set forth herein.

This permit shall become effective on the date of the signature

below.

This permit and the authorization to discharge expire at

midnight, five years from date of signature.

This permit consists of Part I below including effluent

limitations, monitoring requirements etc. and Part II under Appendix

B, General Requirements.

Operators of facilities within the general permit area who fail

to notify the Director of their intent to be covered by this general

permit and receive no written notification of permit coverage or

those who are denied by the Director are not authorized under this

general permit to discharge from those facilities to the receiving

waters.

Signed this ________ day of ____________ David A. Fierra

Director, Water Management Division, Environmental Protection

Agency, Region I, Boston, Massachusetts 02203.

Part I

A. Effluent Limitations and Monitoring Requirements

1. During the period beginning effective date and lasting

through expiration, the permittee is authorized to discharge from

each outfall effluent from water treatment facilities to receiving

waters as designated in Part II A.

a. Such discharges shall be limited and monitored by the

permittee as specified below:

----------------------------------------------------------------------------------------------------------------

Discharge limitations Monitoring requirements

Effluent -------------------------------------------------------------------------------------------

characteristic Measurement\2\

Avg. monthly Max. daily\1\ frequency Sample type

----------------------------------------------------------------------------------------------------------------

Flow (MGD).......... See note A.1. i..... See note A.1. i..... 1/week.......... Daily average.

TSS(mg/l)........... 30.................. 50.................. 1/week.......... Grab.

Settleable Solids .1.................. 0.2................. 1/week.......... Grab.

(ml/l)1, 5.

pH.................. See note A.1 g...... See note A.1 g...... ................ ............................

Aluminum(mg/l)...... See note A.1 j...... See note A.1 j...... 1/month......... Grab.

LC50&C-NOEC\3\...... See note A.1 h...... See note A.1 h...... ................ Grab.

Chlorine Residual\4\ See note A.1 k...... See note A.1 k...... Daily........... Grab.

ug/l.

----------------------------------------------------------------------------------------------------------------

\1\State certification requirement.

\2\Samples shall be taken only when discharging.

\3\LC-50 is the concentration of effluent in a sample that causes mortality to 50% of the test population at a

specific time or observation. No Observed Chronic Effect Concentration (C-NOEC) is the highest concentration

of effluent to which organisms are exposed in a life-cycle or partial life-cycle test which causes no adverse

effect on growth, survival and reproduction.

\4\Test only if chlorination is used in the process.

\5\Commonwealth of Massachusetts only.

b. The discharge shall not cause objectionable discoloration of

the receiving waters.

c. There shall be no discharge of floating solids or visible

foam. The discharge shall be adequately treated to insure that the

surface water remains free from pollutants in concentratins or

combinations that settle to form harmful deposits, float as foam,

debris, scum or other visible pollutants. It shall be adequately

treated to insure that the surface waters remain free from

pollutants which produce odor, color, taste or turbidity in the

receiving water which is not naturally occuring and would render it

unsuitable for its designated use.

d. The effluent limitations are based on the state water quality

standard and are certified by the states.

e. Samples taken in compliance with the monitoring requirements

specified above shall be taken at the point of discharge.

f. All discharges as designated in IB shall pass through a

settling pond for 24 hours minimum detention time or other approved

treatment system and meet the effluent limitations in Part I.1.a.

prior to discharge to waters of the states.

g. pH. Massachusetts.

The pH of the effluent shall not be less than nor greater than

the range given for the receiving water classifications, unless

these values are exceeded due to natural causes.

The following table specifies ranges for Massachussetts:

------------------------------------------------------------------------

Classification Range

------------------------------------------------------------------------

B............................................................ 6.5-8.3

C............................................................ 6.5-9.0

SB........................................................... 6.5-8.5

SC........................................................... 6.5-9.0

------------------------------------------------------------------------

Maine

The pH range in both freshwater and saltwater is 6.0 to 8.5 su.

Unless establishes on a case-by-case basis (By State Policy).

New Hampshire

The pH of the effluent shall not be less than 6.5 standard units

(su) nor greater than 8.0 su at any time unless these values are

exceeded due to natural causes.

h. One chronic and modified acute toxicity screening test shall

be performed by the permittee within 90 days after the issuance date

of this general NPDES permit. One grab sample will be taken during

normal facility operation. The Cerio-daphnia dubia for fresh water

and sea-urchin for marine water shall be used as test organism in

the test. A copy of the test procedure and detailed protocol will be

provided upon request from EPA, Region I. The results of the chronic

biological test (C-NOEC and LC50) will be forwarded to State and EPA

within 30 days after the completion of all tests.

i. The states of Massachusetts and New Hampshire will have a

maximum daily limit of 1.0 mgd. The state of Maine will have a

maximum daily limit of 0.15 mgd.

j. For the states of Massachusetts and New Hampshire report

only. For the state of Maine the maximum daily limit of Aluminum

will be 5.0 mg/l.

k. For the states of Massachusetts and New Hampshire report

only. For the state of Maine the maximum daily limit of chlorine

residual will be 1.0 mg/l.

B. Monitoring and Reporting

1. Reporting

Maine, Massachusetts and New Hampshire

Monitoring results obtained during the previous 6 months shall

be summarized for each quarter and reported on separate Discharge

Monitoring Report Form(s) postmarked no later than the 15th day of

the month following the completed reporting period. The reports are

due on the 15th days of January and July. The first report may

include less than 6 months information.

Signed copies of these, and all other reports required herein,

shall be submitted to the Director and the State at the following

addresses as follows:

a. EPA shall receive copy of all reports required herein: NPDES

Program Operations Section, Water Compliance Branch Water Management

Division, Environmental Protection Agency, Post Office Box 8127,

Boston, MA 02114.

b. Massachusetts Division of Water Pollution Control.

(1) The Regional offices wherein the discharge occurs, shall

receive a copy of all reports required herein:

Massachusetts Department of Environmental Protection, Massachusetts

Division of Water Pollution Control, Western Regional Office, 436

Dwight St., Suite 402, Springfield, MA 01101

Massachusetts Department of Environmental Protection, Massachusetts

Division of Water Pollution Control, Southeastern Regional Office,

20 Riverside Drive Lakeville, MA 02346

Massachusetts Department of Environmental Protection Massachusetts

Division of Water Pollution Control, Northeastern Regional Office,

10 Commerce Way, Woburn, MA 01801

Massachusetts Department of Environmental Protection, Massachusetts

Division of Water Pollution Control, Central Regional Office, 75

Grove Street, Worcester, Massachusetts 01605

(2) The Central Boston Office shall receive all notifications

reports other than the DMRs required by this permit shall be

submitted to the States at: Massachusetts Department of

Environmental Protection, Massachusetts Division of Water Pollution

Control 7th Floor, 1 Winter Street, Boston, MA 02108.

c. Maine Department of Environmental Protection. Signed copies

of all reports required by this permit shall be sent to the State of

Maine Department of Environmental Protection, Operation and

Maintenance Division, State House, Station 17. Augusta, ME 04333.

d. New Hampshire Department of Environmental Services.

Signed copies of all reports required by this permit shall be

sent to the State at: New Hampshire Department of Environmental

Services, Water Supply and Pollution Control Division, Permits and

Compliance Section; P.O. Box 95, Concord, New Hampshrie 03302-0095.

C. Additional General Permit Conditions

1. Notification Requirements

a. Written notification of commencement of operations including

the legal names and addresses of the owners and operator and the

locations, number and type of facilities and/or operations covered

shall be submitted.

(1) For existing discharges as soon as possible after the

effective date of this permit, by operators whose facilities and/or

operations are discharging into the general permit area on the

effective date of the permit; or

(2) For new or substantially increased discharges 20 days prior

to commencement of the discharge by operators whose facilities and/

or operations commence discharge subsequent to the effective date of

this permit.

b. Operators of facilities and/or operations within the general

permits area who fail to notify the Director of their intent to be

covered by this general permit and obtain written authorization of

coverage are not authorized under this general permit to discharge

from those facilities into the named receiving waters.

2. Termination of Operations

Operators of facilities and/or operators authorized under this

permit shall notify the Director upon the termination of discharges.

3. Renotification

Upon reissuance of a new general permit, the permittee is

required to notify the Director of his intent to be covered by the

new general permit.

4. When the Director May Require Application for an Individual NPDES

Permit

Any interested person may petition the Director to take such

action. Instances where an individual permit may be required include

the following:

(1) The discharge(s) is a significant contributor of pollution:

(2) The discharger is not in compliance with the conditions of

this permit;

(3) A change has occurred in the availability of the

demonstrated technology of practices for the control or abatement of

pollutants applicable to the point source;

(4) Effluent limitation guidelines are promulgated for point

sources covered by this permit;

(5) A Water Quality Management Plan containing requirements

applicable to such point source is approved; or

(6) The point source(s) covered by this permit no longer:

(a) Involves the same volume or substantially similar types of

operations

(b) Discharges the same type of wastes;

(c) Requires the same effluent limitations or operating

conditions;

(d) Requires the same or similar monitoring and

(e) In the opinion of the Director is more appropriately

controlled under a general permit than under an individual NPDES

permit.

5. The Director may require an individual permit only if the

permittee authorized by the general permit has been notified in

writing that an individual permit is required, and has been given a

brief explanation of the reasons for this decision.

6. When an Individual NPDES Permit is issued to an operator

otherwise subject to this general permit, the applicability of this

permit to that owner or operator is automatically terminated on the

effective date of the individual permit.

Appendix B: Part II, General Requirements for all EPA, Region I,

General NPDES Permits

Section A. General Requirements

1. Duty to Comply see 40 CFR 122.41(a).

2. Permit Actions see 40 CFR 122.41(f).

3. Duty to Provide Information see 40 CFR 122.41(h).

4. Reopener Clause.

The Regional Administrator reserves the right to make

appropriate revisions to this permit in order to establish any

appropriate effluent limitations, schedules of compliance, or other

provisions which may be authorized under the CWA in order to bring

all discharges into compliance with the CWA.

5. Oil and Hazardous Substance Liability.

Nothing in this permit shall be construed to preclude the

institution of any legal action or relieve the permittee from any

responsibilities, liabilities, or penalties to which the permittee

is or may be subject under Section 311 of the CWA, or Section 106 of

the Comprehensive Environmental Response, Compensation and Liability

Act of 1980 (CERCLA).

6. Property Rights see 40 CFR 122.41(g).

7. Confidentiality of Information.

a. In accordance with 40 CFR part 2, any information submitted

to EPA pursuant to these regulations may be claimed as confidential

by the submitter. Any such claim must be asserted at the time of

submission in the manner prescribed on the application form or

instructions or, in the case of other submissions, by stamping the

words ``confidential business information'' on each page containing

such information. If no claim is made at the time of submission, EPA

may make the information available to the public without further

notice. If a claim is asserted, the information will be treated in

accordance with the procedures in 40 CFR Part 2 (Public

Information).

b. Claims of confidentiality for the following information will

be denied:

(1) The name and address of any permit applicant or permittee;

(2) Permit applications, permits, and effluent data as defined

in 40 CFR 2.302(a)(2).

c. Information required by NPDES application forms provided by

the Regional Administrator under Sec. 122.21 may not be claimed

confidential. This includes information submitted on the forms

themselves and any attachments used to supply information required

by the forms.

8. Duty to Reapply see 40 CFR 122.41(b).

9. Right of Appeal.

Within thirty (30) days of receipt of notice of a final permit

decision, any interested person, including the permittee, may submit

a request to the Regional Administrator for an Evidentiary Hearing

under subpart E, or a Non-Adversary Panel Hearing under subpart F,

of 40 CFR part 124, to reconsider or contest that decision. The

request for a hearing must conform to the requirements of 40 CFR

124.74.

10. State Authorities.

Nothing in part 122, 123, or 124 precludes more stringent State

regulation of any activity covered by these regulations, whether or

not under an approved State program.

11. Other Laws.

The issuance of a permit does not authorize any injury to

persons or property or invasion of other private rights, nor does it

relieve the permittee of its obligation to comply with any other

applicable Federal, State, and local laws and regulations.

Section B. Operation and Maintenance of Pollution Controls

1. Proper Operation and Maintenance see 40 CFR 122.41 (e).

2. Need to Halt or Reduce Not a Defense see 40 CFR 122.41 (c).

3. Duty to Mitigate see 40 CFR 122.41 (d).

4. Bypass see 40 CFR 122.41 (m).

5. Upset see 40 CFR 122.41 (n).

Section C. Monitoring and Records

1. Monitoring and Records see 40 CFR 122.41 (j).

2. Inspection and Entry see 40 CFR 122.41 (i).

Section D. Reporting Requirements

1. Reporting Requirements see 40 CFR 122.41 (l).

2. Signatory Requirement see 40 CFR 122.41 (k).

3. Availability of Reports.

Except for data determined to be confidential under Paragraph

A.7. above, all reports prepared in accordance with the terms of

this permit shall be available for public inspection at the offices

of the State water pollution control agency and the Regional

Administrator. As required by the CWA, effluent data shall not be

considered confidential. Knowingly making any false statement on any

such report may result in the imposition of criminal penalties as

provided for in Section 309 of the CWA.

Section E. Other Conditions

1. Definitions for purposes of this permit are as follows:

Administrator means the Administrator of the United States

Environmental Protection Agency, or an authorized representative.

Applicable standards and limitations means all State,

interstate, and Federal standards and limitations to which a

``discharge'' or a related activity is subject to, including water

quality standards, standards of performance, toxic effluent

standards or prohibitions, ``best management practices,'' and

pretreatment standards under sections 301, 302, 303, 304, 306, 307,

308, 403, and 405 of CWA.

Application means the EPA standard national forms for applying

for a permit, including any additions, revisions or modifications to

the forms; or forms approved by EPA for use in ``approved States,''

including any approved modifications or revisions.

Average. The arithmetic mean of values taken at the frequency

required for each parameter over the specified period. For total

and/or fecal coliforms, the average shall be the geometric mean.

Average monthly discharge limitation means the highest allowable

average of ``daily discharges'' over a calendar month, calculated as

the sum of all daily discharges measured during a calendar month

divided by the number of daily discharges measured during that

month.

Average weekly discharge limitation means the highest allowable

average of ``daily discharges'' over a calendar week, calculated as

the sum of all daily discharges measured during a calendar week

divided by the number of daily discharges measured during that week.

Best Management Practices (BMPs) means schedules of activities,

prohibitions of practices, maintenance procedures, and other

management practices to prevent or reduce the pollution of ``waters

of the United States.'' BMPs also include treatment requirements,

operating procedures, and practices to control plant site runoff,

spillage or leaks, sludge or waste disposal, or drainage from raw

material storage.

Best Professional Judgement (BPJ) means a case-by-case

determination of Best Practicable Treatment (BPT), Best Available

Treatment (BAT) or other appropriate standard based on an evaluation

of the available technology to achieve a particular pollutant

reduction.

Composite Sample--A sample consisting of a minimum of eight grab

samples collected at equal intervals during a 24-hour period (or

lesser period as specified in the section on Monitoring and

Reporting) and combined proportional to flow, or a sample

continuously collected proportionally to flow over that same time

period.

Continuous Discharge means a ``discharge'' which occurs without

interruption throughout the operating hours of the facility except

for infrequent shutdowns for maintenance, process changes, or

similar activities.

CWA or ``The Act'' means the Clean Water Act (formerly referred

to as the Federal Water Pollution Control Act or Federal Water

Pollution Control Act Amendments of 1972) Public Law 92-500, as

amended by Public Law 95-217, Public Law 95-576, Public Law 96-483

and Public Law 97-117; 33 U.S.C. 1251 et seq.

Daily Discharge means the discharge of a pollutant measured

during a calendar day or any 24-hour period that reasonably

represents the calendar day for purposes of sampling. For pollutants

with limitations expressed in units of mass, the daily discharge is

calculated as the total mass of the pollutant discharged over the

day. For pollutants with limitations expressed in other units of

measurements, the daily discharge is calculated as the average

measurement of the pollutant over the day.

Director means the person authorized to sign NPDES permits by

EPA and/or the State.

Discharge Monitoring Report Form (DMR) means the EPA standard

national form, including any subsequent additions, revisions, or

modifications, for the reporting of self-monitoring results by

permittees. DMRs must be used by ``approved States'' as well as by

EPA. EPA will supply DMRs to any approved State upon request. The

EPA national forms may be modified to substitute the State Agency

name, address, logo, and other similar information, as appropriate,

in place of EPA's.

Discharge of a pollutant means:

(a) Any addition of any ``pollutant'' or combination of

pollutants to ``waters of the United States'' from any ``point

source,'' or

(b) Any addition of any pollutant or combination of pollutants

to the waters of the ``contiguous zone'' or the ocean from any point

source other than a vessel or other floating craft which is being

used as a means of transportation.

This definition includes additions of pollutants into waters of

the United States from: surface runoff which is collected or

channelled by man; discharges through pipes, sewers, or other

conveyances owned by a State, municipality, or other person which do

not lead to a treatment works; and discharges through pipes, sewers,

or other conveyances leading into privately owned treatment works.

This term does not include an addition of pollutants by any

``indirect discharger.''

Effluent limitation means any restriction imposed by the

Director on quantities, discharge rates, and concentrations of

``pollutants'' which are ``discharged'' from ``point sources'' into

``waters of the United States,'' the waters of the ``contiguous

zone,'' or the ocean.

Effluent limitations guidelines means a regulation published by

the Administrator under Section 304(b) of CWA to adopt or revise

``effluent limitations.''

EPA means the United States ``Environmental Protection Agency.''

Grab Sample--An individual sample collected in a period of less

than 15 minutes.

Hazardous Substance means any substance designated under 40 CFR

Part 116 pursuant to Section 311 of CWA.

Maximum daily discharge limitation means the highest allowable

``daily discharge.''

Municipality means a city, town, borough, county, parish,

district, association, or other public body created by of under

State law and having jurisdiction over disposal or sewage,

industrial wastes, or other wastes, or an Indian tribe or an

authorized Indian tribe organization, or a designated and approved

management agency under section 208 of CWA.

National Pollutant Discharge Elimination System means the

national program for issuing, modifying, revoking and reissuing,

terminating, monitoring and enforcing permits, and imposing and

enforcing pretreatment requirements, under sections 307, 402, 318,

and 405 of CWA. The term includes an ``approved program.''

New discharger means any building, structure, facility, or

installation:

(a) From which there is or may be a ``discharge of pollutants'';

(b) That did not commence the ``discharge of pollutants'' at a

particular ``site'' prior to August 13, 1979;

(c) Which is not a ``new source''; and

(d) Which has never received a finally effective NPDES permit

for discharges at that ``site''.

This definition includes an ``indirect discharger'' which

commences discharging into ``waters of the United States'' after

August 13, 1979. It also includes any existing mobile point source

(other than an offshore or coastal oil and gas exploratory drilling

rig or a coastal oil and gas developmental drilling rig) such as a

seafood processing rig, seafood processing vessel, or aggregate

plant, that begins discharging at a ``site'' for which it does not

have a permit; and any offshore or coastal mobile oil and gas

exploratory drilling rig or coastal mobile oil and gas developmental

drilling rig that commences the discharge of pollutants after August

13, 1979, at a ``site'' under EPA's permitting jurisdiction for

which it is not covered by an individual or general permit and which

is located in an area determined by the Regional Administrator in

the issuance of a final permit to be an area of biological concern.

In determining whether an area is an area of biological concern, the

Regional Administrator shall consider the factors specified in 40

CFR 125.122(a) (1) through (10).

An offshore or coastal mobile exploratory drilling rig or

coastal mobile developmental drilling rig will be considered a ``new

discharger'' only for the duration of its discharge in an area of

biological concern.

New source means any building, structure, facility, or

installation from which there is or may be a ``discharge of

pollutants,'' the construction of which commenced:

(a) After promulgation of standards of performance under Section

306 of CWA which are applicable to such.

(b) After proposal of standards of performance in accordance

with Section 306 of CWA which are applicable to such source, but

only if the standards are promulgated in accordance with Section 306

within 120 days of their proposal.

NPDES means ``National Pollutant Discharge Elimination System.''

Non-Contact Cooling Water is water used to reduce temperature

which does not come in direct contact with any raw material,

intermediate product, a waste product or finished product.

Owner or operator means the owner or operator of any ``facility

or activity'' subject to regulation under the NPDES programs.

Permit means an authorization, license, or equivalent control

document issued by EPA or an ``approved State.''

Person means an individual, association, partnership,

corporation, municipality, State or Federal agency, or an agent or

employee thereof.

Point source means any discernible, confined, and discrete

conveyance, including but not limited to any pipe, ditch, channel,

tunnel, conduit, well, discrete fissure, container, rolling stock,

concentrated animal feeding operation, vessel, or other floating

craft, from which pollutants are or may be discharged. This term

does not include return flows from irrigated agriculture.

Pollutant means dredged spoil, solid waste, incinerator residue,

filter backwash, sewage, garbage, sewage sludge, munitions, chemical

wastes, biological materials, radioactive materials (except those

regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C.

2011 et seq.)), heat, wrecked or discarded equipment, rock, sand,

cellar dirt and industrial, municipal, and agricultural waste

discharged into water. It does not mean:

(a) Sewage from vessels; or

(b) Water, gas, or other material which is injected into a well

to facilitate production of oil or gas, or water derived in

association with oil and gas production and disposed of in a well,

if the well used either to facilitate production or for disposal

purposes is approved by authority of the State in which the well is

located, and if the State determines that the injection or disposal

will not result in the degradation of ground or surface water

resources.

Primary industry category means any industry category listed in

the NRDC settlement agreement (Natural Resources Defense Council et

al. v. Train, 8 E.R.C. 2120 (D.D.C. 1976), modified 12 E.R.C. 1833

(D.D.C. 1979)); also listed in appendix A of 40 CFR part 122.

Process wastewater means any water which, during manufacturing

or processing, comes into direct contact with or results from the

production or use of any raw material, intermediate product,

finished product, byproduct, or waste product.

Regional Administrator means the Regional Administrator, EPA,

Region I, Boston, Massachusetts.

State means any of the 50 States, the District of Columbia,

Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American

Samoa, the Trust Territory of the Pacific Islands.

Secondary Industry Category means any industry category which is

not a ``primary industry category.''

Toxic pollutant means any pollutant listed as toxic in appendix

D of 40 CFR part 122, under Section 307(a)(1) of CWA.

Uncontaminated storm water is precipitation to which no

pollutants have been added and has not come into direct contact with

any raw material, intermediate product, waste product or finished

product.

Waters of the United States means:

(a) All waters which are currently used, were used in the past,

or may be susceptible to use in interstate or foreign commerce,

including all waters which are subject to the ebb and flow of the

tide;

(b) All interstate waters, including interstate ``wetlands.''

(c) All other waters such as intrastate lakes, rivers, streams

(including intermittent streams), mudflats, sandflats, ``wetlands,''

sloughs, prairie potholes, wet meadows, playa lakes, or natural

ponds the use, degradation, or destruction of which would affect or

could affect interstate or foreign commerce including any such

waters:

(1) Which are or could be used by interstate or foreign

travelers for recreational or other purposes;

(2) From which fish or shellfish are or could be taken and sold

in interstate or foreign commerce; or

(3) Which are used or could be used for industrial purposes by

industries in interstate commerce;

(d) All impoundments of waters otherwise defined as waters of

the United States under this definition;

(e) Tributaries of waters identified in paragraphs (a) (d) of

this definition;

(f) The territorial sea; and

(g) ``Wetlands'' adjacent to waters (other than waters that are

themselves wetlands) identified in paragraphs (a)-(f) of this

definition.

Whole Effluent Toxicity (WET) means the aggregate toxic effect

of an effluent measured directly by a toxicity test. (See

abbreviations Section, following, for additional information).

Wetlands means those areas that are inundated or saturated by

surface or ground water at a frequency and duration sufficient to

support, and that under normal circumstances do support, a

prevalence of vegetation typically adapted for life in saturated

soil conditions. Wetlands generally include swamps, marshes, bogs,

and similar areas.

2. Abbreviations when used in this permit are defined below:

cu. M/day or M3/day--cubic meters per day

mg/l--milligrams per liter

ug/l--micrograms per liter

lbs/day--pounds per day

kg/day--kilograms per day

Temp. deg.C--temperature in degrees Centigrade

Temp. deg.F--temperature in degrees Fahrenheit

Turb.--turbidity measured by the Nephelometric Method (NTU)

pH--a measure of the hydrogen ion concentration

CFS--cubic feet per second

MGD--million gallons per day

Oil & Grease--Freon extractable material

ml/l--milliliter(s) per liter

Cl2--total residual chlorine

[FR Doc. 94-18333 Filed 7-27-94; 8:45 am]

BILLING CODE 6560-50-P