Reissuance of the National Pollutant Discharge Elimination System (NPDES) General Permit for Petroleum Fuel Contaminated Ground/Storm Waters in the State of Florida
Federal RegisterSep 19, 1994
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ENVIRONMENTAL PROTECTION AGENCY
[NPDES No. FLG830000; FRL-5073-3]
Reissuance of the National Pollutant Discharge Elimination System
(NPDES) General Permit for Petroleum Fuel Contaminated Ground/Storm
Waters in the State of Florida
AGENCY: Environmental Protection Agency.
ACTION: Notice of Reissuance of a NPDES General Permit to the State of
Florida.
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SUMMARY: The Regional Administrator, EPA, Region IV intends to reissue
the National Pollutant Discharge Elimination System (NPDES) General
Permit No. FLG830000 to facilities within the political boundary of the
State of Florida. This proposed reissued NPDES general permit proposes
effluent limitations, prohibitions, reporting requirements and other
conditions on facilities which discharge uncontaminated groundwater
associated with dewatering or treated groundwater and/or storm water
incidental to the groundwater cleanup operation which have been
contaminated by automotive gasoline, aviation and/or diesel fuels. This
permit authorizes discharges from facilities currently located in and
discharging to surface waters within the political boundary of the
State of Florida, and any new treatment facilities placed in operation
during the term of this permit.
Except for facilities meeting the conditions of Part I.3, written
notice of intent to be covered by the reissued NPDES general permit
shall be provided to the Permit Issuing Authority prior to initiation
of any discharge to waters of the United States. For facilities that
must submit a Notice of Intent (NOI), coverage by this NPDES general
permit is authorized upon receipt of written notification of coverage
from the Permit Issuing Authority. The proposed reissued permit
contains limitations on the amounts of pollutants allowed to be
discharged and was drafted in accordance with the provisions of the
Clean Water Act (33 U.S.C. 1251 et seq.) and other lawful standards and
regulations. The pollutant limitations and other permit conditions are
tentative and open to comment from the public.
ADDRESSES: Persons wishing to comment upon or object to any aspects of
a specific permit reissuance or wishing to request a public hearing,
are invited to submit same in writing within thirty (30) days of this
notice to the Office of Public Affairs, Environmental Protection
Agency, 345 Courtland Street, NE., Atlanta, Georgia 30365, Attention:
Ms. Lena Scott, Public Notice Coordinator. Pursuant to 40 CFR 124.13,
any person who believes that any permit condition is inappropriate must
raise all reasonably ascertainable issues and position, by the close of
the comment period. The public notice number and NPDES number should be
included in the first page of comments. All comments received within
the 30-day period will be considered in the formulation of a final
determination regarding the reissuance of this NPDES general permit.
Also, within the 30-day period any interested person may request a
public hearing. Where there is a significant degree of public interest
in the proposed general permit reissuance, the EPA Regional
Administrator will schedule and hold a public hearing which would be
formally announced in accordance with 40 CFR 124.10 and 124.12.
After consideration of all written comments and the requirements
and policies in the Act and appropriate regulations, the EPA Regional
Administrator will make a determination regarding the reissuance of
this NPDES general permit. If the determination is substantially
unchanged from that announced by this notice, the EPA Regional
Administrator will so notify all persons submitting written comments.
If the determination is substantially changed, the EPA Regional
Administrator will issue a public notice indicating the revised
determination. A formal hearing is available to challenge any NPDES
permit issued under 40 CFR 124.14 except for a general permit. Persons
affected by a general permit may not challenge the conditions of a
general permit as a right in further agency proceedings.
They may instead either challenge the general permit in court, or
apply for an individual permit under 40 CFR 122.21 as authorized at 40
CFR 122.28 and then request a formal hearing on the issuance or denial
of an individual permit. The administrative record, including draft
NPDES general permit, fact sheet, state certification, comments
received, and additional information are available by writing the EPA,
Region IV, or for review and copying at 345 Courtland St., NE.,
Atlanta, Georgia 30365, between the hours of 8:15 a.m. and 4:30 p.m.,
Monday through Friday. Copies will be provided at a nominal charge per
page. Additional information concerning the permit may be obtained at
the address and during the hours noted above: Ms. Lena Scott, Public
Notice Coordinator, 404/347-3004.
FOR FURTHER INFORMATION CONTACT: Larry Cole, Environmental Engineer,
Water Permits and Enforcement Branch, Water Management Division, U.S.
Environmental Protection Agency, 345 Courtland Street, NE., Atlanta,
Georgia 30365, (404) 347-3012 ext. 2948.
SUPPLEMENTARY INFORMATION:
I. Introduction
On Thursday, August 25, 1988 (53 FR 32442), EPA, Region IV proposed
the issuance of the draft NPDES General Permit. During the 30-day
comment period, a request for an extension of the comment period was
received, and on Tuesday, October 25, 1988 (53 FR 43035), the comment
period was extended to November 15, 1988. On Monday, July 17, 1989 (54
FR 29986), EPA, Region IV issued the Final NPDES General Permit for
Petroleum Fuel Contaminated Ground/Storm Waters in the State of
Florida.
On Friday, February 22, 1991 (56 FR 7379), EPA, Region IV published
a notice of the proposed modification to the NPDES General Permit for
Petroleum Fuel Contaminated Ground/Storm Waters in the State of Florida
(56 FR 7379). On Thursday, August 29, 1991 (56 FR 42736), the final
modification was issued.
Patrick M. Tobin,
Deputy Regional Administrator.
General Permit to Discharge Under the National Pollutant Discharge
Elimination System
In compliance with the provisions of the Clean Water Act, as
amended (33 U.S.C. 1251 et seq.; the ``Act''),
Discharges of uncontaminated groundwater from dewatering
activities, treated groundwater and incidental storm water, which are
contaminated with gasoline or aviation fuel, are authorized to
discharge to waters of the United States within the State of Florida in
accordance with effluent limitations, monitoring requirements and other
conditions set forth herein. This draft permit consists of Part I, Part
II, Part III, Part IV, and Part V. This is immediately followed by a
fact sheet which goes into detail concerning the reissuance of this
permit. This permit shall become effective on ____________________.
This permit and the authorization to discharge shall expire at
midnight, Eastern Daylight Savings Time, on ____________________,
19______.
Allan E. Antley,
Associate Division Director, Water Management Division.
Part I
A. Effluent Limitations and Monitoring Requirements
Existing Sources and New Dischargers.
1. During the period beginning on the effective date of the permit
and lasting through the term of this permit, the permittee is
authorized to discharge treated groundwater and storm water that has
been contaminated by Automotive Gasoline. It is anticipated that these
contaminated waters will be treated by air stripping, followed by
activated carbon adsorption, if necessary, or equivalent treatment to
meet the following effluent limitations.
Such discharges shall be limited and monitored by the permittee as
specified below:
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Discharge limitations Monitoring requirements
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Effluent characteristic Measurement
Daily avg Daily Max frequency Sample type
----------------------------------------------------------------------------------------------------------------
Flow, MGD............................... Report...... Report.......... Continuous........ Flowmeter.
Benzene, g/l................... ............ 1.0............. 1/month........... Grab.
*Total lead, g/l............... ............ 30.0............ 1/month........... Grab.
pH, standard units...................... ............ See below....... .................. ..................
Acute whole effluent toxicity........... ............ ................ See part V........ Grab.
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*Monitoring for this parameter is required only when contamination results from leaded fuel.
An LC50 of 100% or less in a test of 96 hours duration or less
will constitute a violation of Florida Administrative Code (FAC) (July
11, 1993) Sec. 17-4.244(3)(a) and the terms of this permit. The testing
for this requirement must conform with Part V of this permit.
For fresh waters and coastal waters, the pH of the effluent shall
not be lowered to less than 6.0 units for fresh waters, or less than
6.5 units for marine waters, or raised above 8.5 units, unless the
permittee submits natural background data in the NOI request confirming
a natural background pH outside of this range. If natural background of
the receiving water, as revealed by sampling data from the permittee in
the NOI request, is determined to be less than 6.0 units for fresh
waters, or less than 6.5 units in marine waters, the pH shall not vary
below natural background or vary more than one (1) unit above natural
background for fresh and coastal waters. If natural background of the
receiving water, as revealed by sampling data from the permittee in the
NOI request, is determined to be higher than 8.5 units, the pH shall
not vary above natural background or vary more than one (1) unit below
natural background of fresh and coastal waters. The acceptable pH range
will be included in the letter granting permit coverage and on the DMR.
The pH shall be monitored once every month by grab sample, or
continuously with a recorder. (See item I.B.4).
In accordance with FAC Sec. 17-302.500(1)(a-c)(4-25-93), the
discharge shall at all times be free from floating solids, visible
foam, turbidity, or visible oil in such amounts as to form nuisances on
surface waters.
Samples taken in compliance with the monitoring requirements
specified above shall be taken at the following location(s): Nearest
accessible point after final treatment but prior to actual discharge or
mixing with the receiving waters.
A. Effluent Limitations and Monitoring Requirements
Existing Sources and New Dischargers.
2. During the period beginning on the effective date of the permit
and lasting through the term of this permit, the permittee is
authorized to discharge treated groundwater and storm water that has
been contaminated by Aviation Gasoline, Jet Fuel or Diesel.
It is anticipated that these contaminated waters will be treated by
air stripping, followed by activated carbon adsorption, if necessary,
or equivalent treatment to meet the following effluent limitations.
Such discharges shall be limited and monitored by the permittee as
specified below:
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Discharge limitations Monitoring requirements
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Effluent characteristic Measurement
Daily average Daily maximum frequency Sample type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flow, MGD............................................... Report.................... Report.................... Continuous........ Flowmeter.
Benzene, g/l................................... .......................... 1.0....................... 1/month........... Grab.
Naphthalene, g/l............................... .......................... 100.0..................... 1/month........... Grab.
Total lead, g/l\1\............................. .......................... 30.0...................... 1/month........... Grab.
pH, standard units (SUs)................................ .......................... (\2\)..................... (\2\)............. ..................
Acute whole effluent toxicity........................... .......................... (\3\)..................... (\3\)............. Grab.
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\1\Monitoring for this parameter is required only when contamination results from leaded fuel.
\2\See Part I.A.1.
\3\See Part V.
An LC50 of 100% or less in a test of 96 hours duration or less
will constitute a violation of FAC (July 11, 1993) Sec. 17-4.244(3)(a)
and the terms of this permit. The testing for this requirement must
conform with Part V of this permit.
The permittee shall comply with the same pH requirements for this
Part I.A.2 as in Part I.A.1.
The pH shall be monitored once every month by grab sample, or
continuously with a recorder. (See item I.B.4).
In accordance with FAC Sec. 17-302.500(1)(a-c), the discharge shall
at all times be free from floating solids, visible foam, turbidity, or
visible oil in such amounts as to form nuisances on surface waters.
Samples taken in compliance with the monitoring requirements
specified above shall be taken at the following location(s): Nearest
accessible point after final treatment but prior to actual discharge or
mixing with the receiving waters.
A. Effluent Limitations and Monitoring Requirements
3. During the period beginning on the effective date of the permit
and lasting through the term of this permit, the permittee is
authorized to discharge produced groundwater from any noncontaminated
site activity which discharges by a point source to waters of the
United States, only if the reported values for the parameters listed
below do not exceed any of the screening values below. Before discharge
of produced groundwater can occur from such sites, analytical tests on
samples of the proposed discharge water shall be performed to determine
if contamination exists from other sources.
Minimum reporting requirements for all produced groundwater
dischargers.
The effluent shall be sampled at the final effluent before the
commencement of discharge and once every six months for the life of the
project to maintain continued coverage under this general permit. The
effluent shall be sampled for the parameters listed below and the
analytical results obtained shall be submitted to EPA at the address
given in Part III.A.
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Parameter Daily maximum
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Total organic carbon................................ Report, mg/l.
pH.................................................. Report, standard
units.
Total recoverable mercury........................... Report, g/
l.
Total recoverable cadmium........................... Report, g/
l.
Total recoverable copper............................ Report, g/
l.
Total recoverable lead.............................. Report, g/
l.
Total recoverable zinc.............................. Report, g/
l.
Total recoverable chromium (Hex.)................... Report, g/
l.
Benzene............................................. Report, g/
l.
Naphthalene......................................... Report, g/
l.
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Reported analytical test results for the parameters listed above
exceeding any of the screening values listed below shall be considered
an indication of contamination from sources other than petroleum fuels:
------------------------------------------------------------------------
Indicator if discharge is
into--
Parameter -----------------------------
Marine waters
Fresh waters
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Total organic carbon...................... 10.0 mg/l.... 10.0 mg/l
pH, SU's.................................. 6.0--8.5..... 6.5--8.5
Total recoverable mercury................. 0.012 g/l. m>g/l
Total recoverable cadmium................. 9.3 g/l. m>g/l
Total recoverable copper.................. 2.9 g/l. m>g/l
Total recoverable lead.................... 0.03 mg/l.... 5.6 g/l
Total recoverable zinc.................... 86.0 g/l. m>g/l
Total recoverable chromium (Hexavalent)... 11.0 g/l. m>g/l
Benzene................................... 1.0 g/l. m>g/l
Naphthalene............................... 100.0 g/l. m>g/l
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If any of the analytical test results exceed the above screening
values, discharge is not authorized by this permit. See paragraph
I.A.3.b for further guidance.
In accordance with FAC 17-302.500(1)(a-c), the discharge shall at
all times be free from floating solids, visible foam, turbidity, or
visible oil in such amounts as to form nuisances on surface waters.
All discharges must comply with the following permit requirements:
(a) If analytical tests of Part I.A.3 reveal excessive benzene and
naphthalene concentrations indicative of contamination from petroleum
fuels, and the discharge will occur for thirty (30) days or less, the
permittee shall comply only with the applicable effluent limitations
and monitoring requirements in Part I.A.1 or I.A.2 for benzene, pH,
and/or naphthalene and total lead. The commencement of the Part V
biomonitoring program and Part I.B.3 EPA method 624 and 625 (one time
analysis) is not required for this short-term activity. One (1) grab
sample shall be analyzed per seven (7) days during the discharge
period, and the total volume discharged shall be recorded. For
discharges contaminated by petroleum fuels that last for less than a
week, daily monitoring will be required for the applicable parameters.
Upon receipt of written EPA notification of coverage that the NOI
request is complete, these short-term discharges may commence.
Discharge Monitoring Reports shall be submitted to EPA within thirty
(30) days after termination of the discharge.
(b) If contamination from sources other than petroleum
contamination does exist, as indicated by the results of the analytical
tests required by Part I. A.3 above, the discharge is not covered by
this general permit. The operator shall apply for an individual NPDES
permit at least ninety (120) days prior to the date a discharge to
waters of the United States is expected. No discharge is permissible
without an effective NPDES permit.
(c) If analytical tests reveal no contamination exists from
petroleum fuels or sources other than petroleum contamination as a
result of the required analytical screening tests required in Part I,
A.3, the permittee can commence discharge immediately and is covered by
this permit without having to submit an NOI request for coverage to
EPA, Region IV. A short summary of the proposed activity and copy of
these analytical tests shall be sent to the same address specified in
Part III.A at least (1) one week before discharge begins. These
analytical tests shall be kept on site during discharge and made
available to EPA, if requested. Additionally, no Discharge Monitoring
Report (DMR) forms are required to be submitted to EPA, Region IV.
B. Other Requirements
1. Any more frequent effluent discharge monitoring required by the
Florida Department of Environmental Protection (FDEP) for the
parameters limited in this permit, or different parameters, shall be
reported to the Permit Issuing Authority in accordance with the
requirements of Part III of this permit.
2. Effluent limitations for combining contaminated groundwater
pumped to above-ground storage tanks with contaminated groundwater from
the site's recovery wells: The permittee shall notify FDEP of any
intent to combine contaminated groundwater pumped to above-ground
storage tanks with contaminated groundwater from the recovery well.
Approval of this combined effluent discharge by FDEP will constitute
approval to apply for coverage under this permit.
3. Within sixty (60) days of the effective date of this permit or
startup of discharge the permittee shall also submit the results of the
following analyses. These analyses shall be performed on a
representative sample of the groundwater effluent discharge, taken
after final treatment.
Required analyses (one time only):
a. EPA Method 625--Acid and base/neutral extractable organics
b. EPA Method 624--Purgeable Organics
If such analyses required in Part B.3 above reveal toxic pollutants
other than those regulated in Part I.A. or subsequent Whole Effluent
Toxicity (WET) tests reveal an LC50 of 100% or less in a test of
96 hours duration or less, coverage under this general permit will be
reviewed for termination by EPA Region IV Enforcement Section.
4. If the pH is monitored continuously, the pH values shall not
deviate outside the required range more than 1% of the time in any
calendar month; and no individual excursion shall exceed 60 minutes. An
``excursion'' is an unintentional and temporary incident in which the
pH value of discharge wastewater exceeds the range set forth in this
permit.
C. Test Procedures
1. In performing the analysis for the dissolved constituents in the
surface water and groundwater, the permittee shall use the guidelines
recommended and described in FAC Sections 17-770.600(8)[a-d] of the
Petroleum Contamination Cleanup Criteria (PCCC), amended February 20,
1990, or the most current edition.
2. If the petroleum contamination is from a petroleum fuel in which
the source of contamination has not been identified, the groundwater
shall be analyzed (using the recommended methods) for the following
parameters as described in FAC Section 17.770.600(8)(c)1, of the PCCC,
amended February 20, 1990, or the most current edition:
a. Lead............................ (EPA Method 239.2 or Standard
Method 304).
b. Priority Pollutant Volatile (EPA Method 624).
Organics.
c. Priority Pollutant Extractable (EPA Method 625).
Organics.
d. Non-Priority Pollutant Organics (EPA Methods 624 and 625).
(with GC/MS Peaks greater than 10
ppb).
D. Schedule of Compliance
1. The permittee shall achieve compliance with the effluent
limitations specified for discharges in accordance with the following
schedule:
Permittees with Revoked Individual Permits:
Operational level attained--Upon Receipt of Notification of
Coverage
New Dischargers:
Operational level attained--Upon Commencement of Discharge
2. No later than fourteen (14) calendar days after any date
identified in the above schedule of compliance the permittee shall
submit either a report of progress or, in the case of specific actions
being required by identified dates, a written notice of compliance or
noncompliance. In the latter case, the notice shall include the cause
of noncompliance, any remedial actions taken, and the probability of
meeting the next scheduled requirement.
Part II
Standard Conditions for NPDES Permits
Section A. General Conditions
1. Duty To Comply
The permittee must comply with all conditions of this permit. Any
permit noncompliance constitutes a violation of the Clean Water Act and
is grounds for enforcement action; for permit termination, revocation
and reissuance, or modification; or for denial of a permit renewal
application.
2. Penalties for Violations of Permit Conditions
Any person who violates a permit condition is subject to a civil
penalty not to exceed $25,000 per day of such violation. Any person who
willfully or negligently violates permit conditions is subject to a
fine of up to $50,000 per day of violation, or by imprisonment for not
more than 1 year, or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of $5,000 to 50,000 per day
of violation, or imprisonment for not more than 3 years, or both. Also,
any person who violates a permit condition may be assessed an
administrative penalty not to exceed $10,000 per violation with the
maximum not to exceed $125,000. [Ref: CFR 122.41(a)].
3. Duty To Mitigate
The permittee shall take all reasonable steps to minimize or
prevent any discharge in violation of this permit which has a
reasonable likelihood of adversely affecting human health or the
environment.
4. Duty To Reapply
Where EPA is the Permit Issuing Authority (PIA), the terms and
conditions of this permit are automatically continued in accordance
with 40 CFR 122.6, only where the permittee has submitted a timely and
complete Notice of Intent 180 days prior to expiration of this permit,
and the PIA is unable through no fault of the permittee to issue a new
permit before the expiration date.
5. Permit Modification
After notice and opportunity for a hearing, this permit may be
modified, terminated, or revoked for cause (as described in 40 CFR
122.62 et seq.) including, but not limited to, the following:
a. Violation of any terms or conditions of this permit;
b. Obtaining this permit by misrepresentation or failure to
disclose fully all relevant facts;
c. A change in any conditions that requires either temporary
interruption or elimination of the permitted discharge; or
d. Information newly acquired by the Agency indicating the
discharge poses a threat to human health or welfare.
If the permittee believes that any past or planned activity would
be cause for modification or revocation and reissuance under 40 CFR
122.62, the permittee must report such information to the Permit
Issuing Authority. The submittal of a new application may be required
of the permittee. The filing of a request by the permittee for a permit
modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance, does not
stay any permit condition.
6. Toxic Pollutants
Notwithstanding Paragraph A-4, above, if a toxic effluent standard
or prohibition (including any schedule of compliance specified in such
effluent standard or prohibition) is established under Section 307(a)
of the Act for a toxic pollutant which is present in the discharge and
such standard or prohibition is more stringent than any limitation for
such pollutant in this permit, this permit shall be modified or revoked
and reissued to conform to the toxic effluent standard or prohibition
and the permittee so notified.
7. Civil and Criminal Liability
Except as provided in permit conditions on ``Bypassing'' Section B,
Paragraph B-3, nothing in this permit shall be construed to relieve the
permittee from civil or criminal penalties for noncompliance.
8. 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 Act.
9. State Laws
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 established pursuant to any
applicable State law or regulation under authority preserved by Section
510 of the Act.
10. Property Rights
The issuance of this permit does not convey any property rights of
any sort, or any exclusive privileges, nor does it authorize any injury
to private property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations.
11. Severability
The provisions of this permit are severable, and if any provision
of this permit, or the application of any provision of this permit to
any circumstance, is held invalid, the application of such provision to
other circumstances, and the remainder of this permit, shall not be
affected thereby.
12. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within
a reasonable time, any information which the Permit Issuing Authority
may request to determine whether cause exists for modifying, revoking
and reissuing, or terminating this permit or to determine compliance
with this permit. The permittee shall also furnish to the Permit
Issuing Authority upon request, copies of records required to be kept
by this permit.
Section B. Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate
quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed
by a permittee only when the operation is necessary to achieve
compliance with the conditions of the permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the condition of this
permit.
3. Bypass of Treatment Facilities
a. Definitions
(1) Bypass means the intentional diversion of waste streams from
any portion of a treatment facility, which is not a designed or
established operating mode for the facility.
(2) Severe property damage means substantial physical damage to
property, damage to the treatment facilities which causes them to
become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic loss caused by
delays in production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause
effluent limitations to be exceeded, but only if it also is for
essential maintenance to assure efficient operation. These bypasses are
not subject to the provisions of Paragraphs c. and d. of this section.
c. Notice
(1) Anticipated bypass. If the permittee knows in advance of the
need for a bypass, it shall submit prior notice, if possible at least
ten days before the date of the bypass; including an evaluation of the
anticipated quality and effect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an
unanticipated bypass as required in Section D, Paragraph D-4 (24-hour
notice).
d. Prohibition of bypass.
(1) Bypass is prohibited and the Permit Issuing Authority may take
enforcement action against a permittee for bypass, unless:
(a) Bypass was unavoidable to prevent loss of life, personal
injury, or severe and extensive property damage;
(b) There were no feasible alternatives to the bypass, such as
maintenance of sufficient reserve holding capacity, the use of
auxiliary treatment facilities, retention of untreated wastes, waste
hauling, or maintenance during normal periods of equipment downtime.
This condition is not satisfied if adequate back-up equipment should
have been installed in the exercise of reasonable engineering judgment
to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(c) The permittee submitted notices as required under Paragraph c.
of this section.
(2) The Permit Issuing Authority may, within its authority, approve
an anticipated bypass, after considering its adverse effects, if the
Permit Issuing Authority determines that it will meet the three
conditions listed above in Paragraph d.(1) of this section.
4. Upsets
``Upset'' means an exceptional incident in which there is
unintentional and temporary noncompliance with technology based permit
effluent limitations because of factors beyond the control of the
permittee. An upset does not include noncompliance to the extent caused
by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation. An upset constitutes an affirmative
defense to an action brought for noncompliance with such technology
based permit limitation if the requirements of 40 CFR 122.41(n)(3) are
met. (Note that this provision does not apply to water quality
requirements.)
5. Removed Substances
This permit does not authorize discharge of solids, sludge, filter
backwash, or other pollutants removed in the course of treatment or
control of wastewaters to waters of the United States unless
specifically limited in Part 1.
Section C. Monitoring and Records
1. Representative Sampling
Samples and measurements taken as required herein shall be
representative of the volume and nature of the monitored discharge. All
samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins or is
diluted by any other wastestream, body of water, or substance.
Monitoring points shall not be changed without notification to and the
approval of the Permit Issuing Authority.
2. Flow Measurements
Appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to insure the
accuracy and reliability of measurements of the volume of monitored
discharges. The devices shall be installed, calibrated and maintained
to insure that the accuracy of the measurements are consistent with the
accepted capability of that type of device. Devices selected shall be
capable of measuring flows with a maximum deviation of less than
10% from the true discharge rates throughout the range of
expected discharge volumes. Guidance in selection, installation,
calibration and operation of acceptable flow measurement devices can be
obtained from the following references:
(1) ``A Guide of Methods and Standards for the Measurement of Water
Flow'', U.S. Department of Commerce, National Bureau of Standards, NBS
Special Publication 421, May 1975, 97 pp. (Available from the U.S.
Government Printing Office, Washington, D.C. 20402. Order by SD catalog
No. C13.10:421.)
(2) ``Water Measurement Manual'', U.S. Department of Interior,
Bureau of Reclamation, Second Edition, Revised Reprint, 1974, 327 pp.
(Available from the U.S. Government Printing Office, Washington, D.C.
20402. Order by catalog No. 127.19/2:W29/2, Stock No. S/N 24003-0027.)
(3) ``Flow Measurement in Open Channels and Closed Conduits'', U.S.
Department of Commerce, National Bureau of Standards, NBS Special
Publication 484, October 1977, 982 pp. (Available in paper copy or
microfiche from National Technical Information Service (NTIS),
Springfield, VA 22151. Order by NTIS No. PB-273 535/5ST.)
(4) ``NPDES Compliance Flow Measurement Manual'', U.S.
Environmental Protection Agency, Office of Water Enforcement,
Publication MCD-77, September 1981, 135 pp. (Available from the General
Services Administration (8BRC), Centralized Mailing Lists Services,
Building 41, Denver Federal Center, Denver, CO 80225.)
3. Monitoring Procedures
Monitoring must be conducted according to test procedures approved
under 40 CFR Part 136, unless other test procedures have been specified
in this permit.
4. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers
with, or knowingly renders inaccurate, any monitoring device or method
required to be maintained under this permit shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by
imprisonment for not more than 2 years per violation, or by both.
5. Retention of Records
The permittee shall retain records of all monitoring information,
including all calibration and maintenance records and all original
strip chart recordings for continuous monitoring instrumentation,
copies of all reports required by this permit, and records of all data
used to complete the application for this permit, for a period of at
least 3 years from the date of the sample, measurement, report or
application. This period may be extended by the Permit Issuing
Authority at any time.
6. Record Contents
Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
7. Inspection and Entry
The permittee shall allow the Permit Issuing Authority, or an
authorized representative, upon the presentation of credentials and
other documents as may be required by law, to:
a. Enter upon the permittee's premises where a regulated facility
or activity is located or conducted, or where records must be kept
under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that
must be kept under the conditions of this permit;
c. Inspect at reasonable time any facilities, equipment (including
monitoring and control equipment), practices, or operations regulated
or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of
assuring permit compliance or as otherwise authorized by the Clean
Water Act, any substances or parameters at any location.
Section D. Reporting Requirements
1. Change in Discharge
The permittee shall give notice to the Permit Issuing Authority as
soon as possible of any planned physical alterations or additions to
the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one
of the criteria for determining whether a facility is a new source; or
b. The alteration or addition could significantly change the nature
or increase the quantity of pollutants discharged. This notification
applies to pollutants which are subject neither to effluent limitations
in the permit, nor to notification requirements under Section D,
Paragraph D-10(a).
2. Anticipated Noncompliance
The permittee shall give advance notice to the Permit Issuing
Authority of any planned change in the permitted facility or activity
which may result in noncompliance with permit requirements. Any
maintenance or facilities, which might necessitate unavoidable
interruption of operation and degradation of effluent quality, shall be
scheduled during noncritical water quality periods and carried out in a
manner approved by the Permit Issuing Authority.
3. Transfer of Ownership or Control
A permit may be automatically transferred to another party if:
a. The permittee notifies the Permit Issuing Authority of the
proposed transfer at least 30 days in advance of the proposed transfer
date;
b. The notice includes a written agreement between the existing and
new permittees containing a specific date for transfer of permit
responsibility, coverage, and liability between them; and
c. The Permit Issuing Authority does not notify the existing
permittee of his or her intent to modify or revoke and reissue the
permit. If this notice is not received, the transfer is effective on
the date specified in the agreement mentioned in paragraph b.
4. Monitoring Reports
See Part III of this permit.
5. Additional Monitoring by the Permittee
If the permittee monitors any pollutant more frequently than
required by this permit, using test procedures approved under 40 CFR
136 or as specified in this permit, the results of this monitoring
shall be included in the calculation and reporting of the data
submitted in the Discharge Monitoring Report (DMR). Such increased
frequency shall also be indicated.
6. Averaging of Measurements
Calculations for limitations which require averaging of
measurements shall utilize an arithmetic mean unless otherwise
specified by the Permit Issuing Authority in the permit.
7. Compliance Schedules
Reports of compliance or noncompliance with, or any progress
reports on, interim and final requirements contained in any compliance
schedule of this permit shall be submitted no later than 14 days
following each schedule date. Any reports of noncompliance shall
include the cause of noncompliance, any remedial actions taken, and the
probability of meeting the next scheduled requirement.
8. Twenty-Four Hour Reporting
The permittee shall orally report any noncompliance which may
endanger health or the environment, within 24 hours from the time the
permittee becomes aware of the circumstances. A written submission
shall also be provided within 5 days of the time the permittee becomes
aware of the circumstances. The written submission shall contain a
description of the noncompliance and its cause, the period of
noncompliance, including exact dates and times; and if the
noncompliance has not been corrected, the anticipated time it is
expected to continue, and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the noncompliance. The Permit Issuing
Authority may verbally waive the written report, on a case-by-case
basis, when the oral report is made. The following violations shall be
included in the 24 hour report when they might endanger health or the
environment:
a. An unanticipated bypass which exceeds any effluent limitation in
the permit.
b. Any upset which exceeds any effluent limitation in the permit.
9. Other Noncompliance
The permittee shall report in narrative form, all instances of
noncompliance not previously reported under Section D, Paragraphs D-2,
D-4, D-7, and D-8 at the time monitoring reports are submitted. The
reports shall contain the information listed in Paragraph D-8.
10. Changes in Discharges of Toxic Substances
The permittee shall notify the Permit Issuing Authority as soon as
it knows or has reason to believe:
a. That any activity has occurred or will occur which would result
in the discharge, on a routine or frequent basis, of any toxic
substance(s) (listed at 40 CFR 122, Appendix D, Table II and III) which
is not limited in the permit, if that discharge will exceed the highest
of the following ``notification levels'':
(1) One hundred micrograms per liter (100 g/l); or
(2) Two hundred micrograms per liter (200 g/l) for
acrolein and acrylonitrile; five hundred micrograms per liter (500
g/l) for 2, 4-dinitrophenol and for 2-methyl-4, 6-
dinitrophenol; and one milligram per liter (1 mg/l) for antimony.
b. That any activity has occurred or will occur which would result
in any discharge, on a non-routine or infrequent basis, of a toxic
pollutant (listed at 40 CFR 122, Appendix D. Table II and III) which is
not limited in the permit, if that discharge will exceed the highest of
the following ``notification levels'':
(1) Five hundred micrograms per liter (500 g/l); or
(2) One milligram per liter (1 mg/l) for antimony.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit
Issuing Authority shall be signed and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer.
For the purpose of this Section, a responsible corporate officer
means:
(1) A president, secretary, treasurer or vice president of the
corporation in charge of a principal business function, or any other
person who performs similar policy--or decision-making functions for
the corporation, or (2) the manager of one or more 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.
(2) For a partnership or sole proprietorship: by a general partner
or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by
either a principal executive officer or ranking elected official.
b. All reports required by the permit and other information
requested by the Permit Issuing Authority shall be signed by a person
described above or by a duly authorized representative of that person.
A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described
above;
(2) The authorization specifies either an individual or a position
having responsibility for the overall operation of the regulated
facility or activity, such as the position of plant manager, operator
of a well or a well field, superintendent, position of equivalent
responsibility, or an individual or position having overall
responsibility for environmental matters for the company. (A duly
authorized representative may thus be either a named individual or any
individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing
Authority.
c. Certification. Any person signing a document under paragraphs
(a) or (b) of this section shall make the following certification:
``I certify under penalty of law that this document and all
attachments were prepared under the direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fine and
imprisonment for knowing violations.''
12. Availability of Reports
Except for data determined to be confidential under 40 CFR Part 2,
all reports prepared in accordance with the terms of this permit shall
be available for public inspection at the offices of the Permit Issuing
Authority. As required by the Act, permit applications, permits and
effluent data shall not be considered confidential.
13. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes
any false statement, representation, or certification in any record or
other document submitted or required to be maintained under this
permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more
than $10,000 per violation, or by imprisonment for not more than 2
years per violation, or by both.
Section E. Definitions
1. Permit Issuing Authority
The Regional Administrator of EPA Region IV or his designee, unless
at some time in the future the State receives the authority to
administer the NPDES program and assumes jurisdiction over the permit;
at which time, the Director of the State program receiving
authorization becomes the issuing authority.
2. Act
Act means the Clean Water Act (formerly referred to as the Federal
Water Pollution Control Act) Public Law 92-500, as amended by Public
Laws 95-217, 95-576, 96-483,97-117, and Public Law 100-4, 33 U.S.C.
1251 et seq.
3. Concentration Measurements
a. The ``average monthly concentration'', is the sum of the
concentrations of all daily discharges sampled and/or measured during a
calendar month on which daily discharges are sampled and measured,
divided by the number of daily discharges sampled and/or measured
during such month (arithmetic mean of the daily concentration values).
The daily concentration value is equal to the concentration of a
composite sample or in the case of grab samples is the arithmetic mean
(weighted by flow value) of all the samples collected during the
calendar day.
b. The ``maximum daily concentration'', is the concentration of a
pollutant discharge during a calendar day. It is identified as ``Daily
Maximum'' under ``Other Limits'' in Part I of the permit and the
highest such value recorded during the reporting period is reported
under the ``Maximum'' column under ``Quality'' on the DMR.
4. Other Measurements
a. The effluent flow expressed as MGD is the 24 hour average flow
averaged monthly. It is the arithmetic mean of the total daily flows
recorded during the calendar month. Where monitoring requirements for
flow are specified in Part I of the permit the flow rate values are
reported in the ``Average'' column under ``Quantity'' on the DMR.
b. An ``instantaneous flow measurement'' is a measure of flow taken
at the time of sampling, when both the sample and flow will be
representative of the total discharge.
c. Where monitoring requirements for pH or dissolved oxygen are
specified in Part I of the permit, the values are generally reported in
the ``Quality or Concentration'' column on the DMR.
5. Types of Samples
a. Grab Sample: A ``grab sample'' is a single influent or effluent
portion which is not a composite sample. The sample(s) shall be
collected at the period(s) most representative of the total discharge.
6. Calendar Day
A calendar day is defined as the period from midnight of one day
until midnight of the next day. However, for purposes of this permit,
any consecutive 24-hour period that reasonably represents the calendar
day may be used for sampling.
7. Hazardous Substance
A hazardous substance means any substance designated under 40 CFR
Part 116 pursuant to Section 311 of the Clean Water Act.
8. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section
307(a)(1) of the Clean Water Act.
Section F. Application Requirements
a. For expired individual NPDES permits, dischargers desiring
coverage under this general permit are required to submit a notice of
intent (NOI) to the Permit Issuing Authority. The NOI shall include (1)
The name and address of the person that the permit will be issued to
(2) the name, and address of the operation, including county location,
(3) the applicable individual NPDES number(s), (4) the identification
of any new discharge location not contained in the expired permit, (5)
evidence that the operation has obtained approval of a Remedial Action
Plan (RAP) Order from the FDEP, (6) a map showing the facility and
discharge location (including latitude and longitude), and (7) the name
of the receiving water. Operators having several individual permits are
encouraged to consolidate requests for coverage into one NOI for all
individual permits. The previous submission of the proper forms in the
renewal application does not relieve the permittee desiring coverage
under the general permit of the requirement to file a NOI.
b. Dischargers with current individual NPDES permits that desire
coverage under this general permit are required to file an NOI to the
Permit Issuing Authority at least thirty (30) days prior to expiration
of their current permit(s). The NOI shall contain the same information
specified in paragraph a above. Permittees desiring to renew their
individual permit are required to submit the appropriate application
forms at least 180 days before expiration of their individual permit.
c. Dischargers who have not previously obtained an individual NPDES
permit are required to submit to EPA the FDEP approval order letter
approving the site RAP. The RAP approval order shall be attached to an
NOI to be covered by the general permit and shall contain the same
information specified in paragraph a above. The application for
coverage under the general permit must be made at least forty-five (45)
days before the discharge is to commence.
d. Dischargers seeking coverage under Part I A.3.a. will be
required to submit to EPA the date the discharge is expected to cease,
results of analytical data and the same information in paragraph a
above, except items (3), (4) and (5). Notification of coverage to
discharge will be upon receipt of EPA's short-term coverage letter.
e. Notification of coverage will be given by the Permit Issuing
Authority by certified mail to the permittee, for dischargers seeking
coverage under Part I Sections A.1 and A.2, with the issuance date for
each facility being the effective date of coverage by the Permit
Issuing Authority.
f. Dischargers meeting the conditions set forth in Part I A.3.c.
are not required to submit an detailed NOI as outlined above, but must
submit a copy of the analytical tests and a summary of the proposed
activity at least one (1) week before discharge begins. These
dischargers are covered upon receipt of the data, unless notified
otherwise by EPA.
g. The coverage of the permit shall expire on ____________, five
(5) years from the effective date of the permit.
h. In accordance with 40 CFR 122.28(a)(2) permittees who are
covered by this general permit who seek to be continued under this
general permit, shall submit an complete NOI in accordance with
paragraph a, to EPA 180 days before the expiration of this permit.
Section G. Additional General Permit Conditions
1. The Permit Issuing Authority may require any person authorized
by this permit to apply for and obtain an individual NPDES permit when:
a. The discharge(s) is a significant contributor of pollution;
b. The discharger is not in compliance with the conditions of this
permit;
c. A change has occurred in the availability of the demonstrated
technology of practices for the control or abatement of pollutants
applicable to the point sources;
d. Effluent limitation guidelines are promulgated for point sources
covered by this permit;
e. A Water Quality Management Plan containing requirements
applicable to such point source is approved; or
f. The point source(s) covered by this permit no longer:
(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; and
(5) In the opinion of the RA, are more appropriately controlled
under an individual permit than under a general permit.
The Regional Administrator (RA) may require any operator authorized
by this permit to apply for an individual NPDES permit only if the
operator has been notified in writing that a permit application is
required.
2. Any operator authorized to discharge by this permit may request
to be excluded from the coverage of this general permit by applying for
an individual permit. The operator shall submit an application together
with the reasons supporting the request to the RA.
3. When an individual NPDES permit is issued to an operator
otherwise subject to this general permit, the applicability of this
permit to the owner or operator is automatically terminated on the
effective date of the individual permit.
4. A source excluded from coverage under this general permit solely
because it already has an individual permit may request that its
individual permit be revoked, and that it be covered by this general
permit. Upon revocation of the individual permit, this general permit
shall apply to the source.
5. A petroleum contamination recovery operation may be excluded
from this general permit if it proposes discharges to receiving waters
that are classified as ``Special Protection, Outstanding Florida
Waters, Outstanding National Resource Waters'' as set forth by FAC 17-
302.700, dated April 25, 1993.
6. The permittee shall notify the Permit Issuing Authority within
30 days after the permanent termination of discharge from their
facility. This letter shall include the necessary Site Rehabilitation
Completion Order (SRCO) from Florida Bureau of Waste Cleanup which
constitutes final action on the State level for completion of cleanup
activities at the affected site. After review of the SRCO, EPA will
inactivate coverage of the general NPDES permit for the facility.
Dischargers covered under this general permit without RAP approval
shall submit a No Discharge Certification Form to EPA, within 30 days
after ceasing discharge.
Part III
Other Requirements
A. Reporting of Monitoring Results
Monitoring results obtained for each calendar month shall be
summarized and reported on a DMR Form (EPA No. 3320-1), one DMR for
each month. Unless otherwise required in Part V, these forms shall be
submitted after each calendar quarter and postmarked no later than the
28th day of the month following the completed calendar quarter. (For
example, data for January-March shall be submitted by April 28.)
Calendar quarters are January-March, April-June, July-September and
October-December. Signed copies of these and all other reports required
by Section D of Part II, Reporting Requirements, and Part V shall be
submitted to the Permit Issuing Authority at the following address:
U.S. Environmental Protection Agency, Region IV, Enforcement Section,
Water Permits and Enforcement Branch, 345 Courtland Street, N.E.,
Atlanta, GA 30365.
If no discharge occurs during the reporting period, sampling
requirements of this permit do not apply. The statement ``No
Discharge'' shall be written on the DMR form. If, during the term of
this permit, the facility ceases discharge to surface waters, the
Permit Issuing Authority shall be notified immediately upon cessation
of discharge.
B. Reopener Clause
This permit shall be modified, or alternatively revoked and
reissued to comply with any applicable effluent standard or limitation
issued or approved under Sections 301(b)(2) (C), and (D), 304(b)(2),
and 307(a)(2) of the Clean Water Act (the Act), if the effluent
standard or limitation so issued or approved--
1. Contains different conditions or is otherwise more stringent
than any condition in this permit; or
2. Controls any pollutant not limited in the permit. The permit as
modified or reissued under this paragraph shall also contain any other
requirements of the Act then applicable.
Part IV
Best Management Practices and Pollution Prevention Conditions
Section A. General Conditions
1. BMP Plan
Preparation of a Best Management Practices (BMP) Plan shall be
prepared in conjunction with development of the Remedial Action Plan
required by Florida Department of Environmental Protection (See Part
II.F.c.). The permittee shall maintain the BMP plan at the facility and
shall make the plan available to the permit issuing authority upon
request. The ``NPDES Guidance Document'' can be used as a reference
which contains technical information on BMPs and the elements of the
BMP program. The permittee shall develop and implement a BMP plan which
prevents, or minimizes the potential for, the release of pollutants
from ancillary activities, including material storage areas; plant site
runoff; in-plant transfer, process and material handling areas; loading
and unloading operations, and sludge and waste disposal areas, to the
waters of the United States through plant site runoff; spillage or
leaks; sludge or waste disposal; or drainage from raw material storage.
The term pollutants refers to any substance listed as toxic under
Section 307(a)(1) of the Clean Water Act, oil, as defined in Section
311(a)(1) of the Act, and substance listed as hazardous under Section
311 of the Act. Copies of the ``NPDES Guidance Document'' may be
obtained by submitting written requests to: Director, Water Management
Division, U.S. EPA Region IV, 345 Courtland St. N.E., Atlanta, Georgia
30365.
2. Pollution Prevention Plan
New permittees with long term treatment systems expected to
discharge one (1) year or more shall develop a Pollution Prevention
Plan for the site and submit it with the NOI. It shall contain the
following information:
(a) A Narrative of What Caused the Groundwater Contamination.
(b) Methods currently being deployed at the site to prevent
groundwater contamination from reoccurring.
(c) Other alternative treatment options which were considered in
reducing the groundwater contamination.
(d) Explanation of why long term treatment of discharge to Surface
Waters of the United States was chosen as opposed to:
(1) Reduction-Monitor Phase I--Using a combination of techniques to
significantly reduce groundwater contamination that could be achieved
in three (3) months or less, with the objective of reaching a monitor-
only status.
(2) Reduction-Monitor Phase II--Using a combination of techniques
to significantly reduce groundwater contamination that could be
achieved in six (6) months or less, with the objective of reaching a
monitor-only status.
In an effort to promote pollution prevention, the Permit Issuing
Authority may issue permits which include or require pollution
prevention activities.
Part V
Whole Effluent Toxicity Testing Program Acute Freshwater Language
As required by Part I of the permit, within 30-days after
commencement of discharge, permittees discharging to fresh waters,
which are surface waters in which the chloride concentration at the
surface is less than 1500 milligrams per liter, shall initiate the
series of tests described below to evaluate whole effluent toxicity of
the discharge from the outfall. If more than one (1) outfall exists,
separate tests will be performed on each outfall. All test species,
procedures and quality assurance criteria used shall be in accordance
with Methods for Measuring the Acute Toxicity of Effluents to
Freshwater and Marine Organisms, EPA/600/4-90/027F, or the most current
edition. The dilution/control water used will be moderately hard water
as described in EPA/600/4-90/027F, Section 7, or the most current
edition. A standard reference toxicant quality assurance test shall be
conducted concurrently with each species used in the toxicity tests and
the results submitted with the discharge monitoring report (DMR).
Alternatively, if monthly QA/QC reference toxicant tests are conducted,
these results must be submitted with the DMR.
1. a. The permittee shall conduct 96-hour acute static-renewal
multi-concentration toxicity tests using the daphnid (Ceriodaphnia
dubia) and the fathead minnow (Pimephales promelas). All tests shall be
conducted on one grab sample of 100% final effluent. All tests shall be
conducted on a control (0%) and the following dilution concentrations
at a minimum: 100.0%, 50.0%, 25.0%, 12.5%, and 6.25%.
b. If control mortality exceeds 10% for either species in any test,
the test(s) for that species (including the control) shall be repeated.
A test will be considered valid only if control mortality does not
exceed 10% for either species.
2. The toxicity tests specified above shall be conducted once every
month until three (3) valid monthly tests have been completed, and once
every year thereafter for the duration of the permit, unless notified
otherwise by the permit issuing authority. These tests are referred to
as ``routine'' tests.
3. a. If unacceptable acute toxicity (an LC50 of 100% or less
occurs in either test species in any of the above-described tests
within the specified time) is found in a ``routine'' test, the
permittee shall conduct two additional acute toxicity tests in the same
manner as the ``routine'' test on the specie(s) indicating unacceptable
acute toxicity. For each additional test, the sample collection
requirements and test acceptability criteria specified in Section 1
above must be met for the test to be considered valid. The first test
shall begin within two weeks of the end of the ``routine'' tests, and
shall be conducted weekly thereafter until two additional, valid tests
are completed. The additional tests will be used to determine if the
toxicity found in the ``routine'' test is still present.
b. Results from additional tests, required due to unacceptable
acute toxicity in the ``routine'' test(s), must be reported on the
Discharge Monitoring Report (DMR) Form for the month in which the test
was begun. Such test results must be submitted within 45 days of
completion of the second additional, valid test.
As required by Part I of this permit, within 30-days after
commencement of discharge, permittees discharging to marine waters,
which are surface waters in which the chloride concentration at the
surface is greater than or equal to 1500 milligrams per liter, shall
initiate the series of tests described below to evaluate whole effluent
toxicity of the discharge from the outfall. If more than one (1)
outfall exists, separate tests will be performed on each outfall. All
test species, procedures and quality assurance criteria used shall be
in accordance with Methods for Measuring the Acute Toxicity of
Effluents to Freshwater and Marine Organisms, EPA/600/4-90/027F, or the
most current edition. The dilution/control water and effluent used will
be adjusted to a salinity of 20 parts per thousand using artificial sea
salts as described in EPA/600/4-90/027F, Section 7 (or the most current
edition). A standard reference toxicant quality assurance test shall be
conducted concurrently with each species used in the toxicity tests and
the results submitted with the discharge monitoring report (DMR).
Alternatively, if monthly QA/QC reference toxicant tests are conducted,
these results must be submitted with the DMR.
1. a. The permittee shall conduct 96-hour acute static-renewal
multi-concentration toxicity tests using the mysid shrimp (Mysidopsis
bahia) and the inland silverside (Menidia beryllina). All tests shall
be conducted on one grab sample of 100% final effluent. All tests shall
be conducted on a control (0%) and the following dilution
concentrations at a minimum: 100.0%, 50.0%, 25.0%, 12.5%, and 6.25%.
b. If control mortality exceeds 10% for either species in any test,
the test(s) for that species (including the control) shall be repeated.
A test will be considered valid only if control mortality does not
exceed 10% for either species.
2. The toxicity tests specified above shall be conducted once every
month until three (3) valid monthly tests have been completed, and once
every year thereafter for the duration of the permit, unless notified
otherwise by the permit issuing authority. These tests are referred to
as ``routine'' tests.
3. a. If unacceptable acute toxicity (an LC50 of 100% or less
occurs in either test species in any of the above- described tests
within the specified time) is found in a ``routine'' test, the
permittee shall conduct two additional acute toxicity tests in the same
manner as the ``routine'' test on the specie(s) indicating unacceptable
toxicity. For each additional test, the sample collection requirements
and test acceptability criteria specified in Section 1 above must be
met for the test to be considered valid. The first test shall begin
within two weeks of the end of the ``routine'' tests, and shall be
conducted weekly thereafter until two additional, valid tests are
completed. The additional tests will be used to determine if the
toxicity found in the ``routine'' test is still present.
b. Results from additional tests, required due to unacceptable
acute toxicity in the ``routine'' test(s), must be reported on the
Discharge Monitoring Report (DMR) Form for the month in which the test
was begun. Such test results must be submitted within 45 days of
completion of the second additional, valid test.
Fact Sheet for National Pollutant Discharge Elimination System General
Permit to Discharge Treated Wastewater to U.S. Waters in the State of
Florida
NPDES Permit No. FLG830000
1. Synopsis of Application
a. Name and Address of Applicant
Applicants within the political boundary of the State of Florida.
b. Type of Facilities
Systems for treatment of petroleum fuel contaminated ground water
and stormwater and general dewatering activity associated with non-
contaminated sites.
c. Design Capacity of Facility
To be based on a case by case analyses of the contaminated site.
d. Applicant's Receiving Waters
Waters of the U.S. in the State of Florida.
e. Description of Wastewater Treatment Facilities
Air stripping, aeration, carbon adsorption, when necessary, or
other water treatment technologies which can effectively treat
contaminated waters to the levels required by the general permit.
f. Description of Discharges (as Reported by Applicant)
Reviewing the effluent data submitted by eight (8) individual
applicants, the following information was obtained:
------------------------------------------------------------------------
No. of Reported
Effluent characteristics facilities concentration
reporting highest
------------------------------------------------------------------------
Benzene...................................... 8 1.0 g/l
Naphthalene.................................. 2 10.0 g/l
Do........................................... 1 20.0 g/l
Do........................................... 1 1.0 g/l
Do........................................... 4 No data
reported.
Lead......................................... 1 20 g/
l
Do........................................... 1 7 g/
l
Do........................................... 1 100 g/l
Do........................................... 5 No data
reported.
------------------------------------------------------------------------
2. Proposed Effluent Limits for This General Permit
a. Discharges contaminated with automotive gasoline:
------------------------------------------------------------------------
Effluent characteristic Daily maximum
------------------------------------------------------------------------
Benzene........................................... 1.0 g/l
*Total Lead....................................... 30.0 g/l
pH................................................ See Part I.A.1
------------------------------------------------------------------------
b. Discharges contaminated with aviation fuels and diesel:
------------------------------------------------------------------------
Effluent characteristic Daily maximum
------------------------------------------------------------------------
Benzene........................................... 1.0 g/l
Naphthalene....................................... 100 g/l
*Total Lead....................................... 30 g/l
pH................................................ See Part I.A.1
------------------------------------------------------------------------
*Required only when contamination results from leaded fuel.
3. Background
The adoption of the State Underground Petroleum Environmental
Response (SUPER) Act of 1986 set standard procedures for the State of
Florida's Department of Environmental Protection (FDEP) and their
Division of Waste Management's Bureau of Waste Cleanup to regulate
during cleanup processes undertaken at all petroleum contamination
sites. The SUPER Act was amended on February 20, 1990, and is currently
referred to as Chapter 17-770, Petroleum Contamination Cleanup
Criteria.
Chapter 17-770 gives the FDEP authority over cleanup operations for
areas which have been contaminated by fuels from petroleum storage
systems. Chapter 17-770 also provides guidance for permittees in
preparing initial remedial actions (IRA's), contamination assessment
reports (CAR's), and remedial action plans (RAP's) while assessing and
delineating areas where suspected petroleum contamination has occurred.
In order to facilitate the authorization process for the potentially
large number of permittees who would be required to discharge treated
groundwater to surface waters of Florida, the FDEP requested that an
NPDES general permit be issued to cover these facilities in Florida.
The U.S. Environmental Protection Agency (EPA), after proposing a draft
permit on August 25, 1988 (53 FR 32442), issued a final NPDES general
permit on July 17, 1989 (54 FR 29986), to cover the facilities and
similar types of discharges associated with them. This NPDES General
Permit was modified on August 29, 1991 (56 FR 42736), to address
general dewatering for uncontaminated discharges of produced
groundwater and short term discharges from facilities with treated
groundwater. This modification also changed the number of the permit
from FLG040001 to FLG830000.
As of June, 1994, EPA has authorized over 350 facilities to
discharge under the general permit, and the FDEP estimates that there
are over 20,000 facilities that have reported suspected petroleum leaks
throughout the State of Florida. The current permit FLG83000 expired on
July 16, 1994, and numerous facilities are either discharging under
this permit or submitting Notices of Intent for coverage under this
general permit. Therefore, EPA Region IV is proposing to reissue the
NPDES General Permit No. FLG830000 to facilities in the State of
Florida to assist in permitting these types of activities. The
requirements for those facilities that were covered by the current
NPDES General Permit before July 16, 1994, will be continued in force
until reissuance of this general permit occurs. However, once
reissuance occurs, all facilities covered by this permit will be
required to submit a NOI requesting continued coverage under the
reissued general permit within sixty (60) days after reissuance of the
general permit. Permittees submitting NOI's after July 17, 1994, will
not be provided with a notification of coverage under the general
permit. These facilities will not be allowed to discharge until the
date which the reissued NPDES General Permit, FLG830000, becomes
effective, or until an individual permit is issued to the facility.
4. General Information for This Florida General Permit
This general permit places limitations on discharges from treatment
systems which are used to treat common contaminants found in petroleum
fuels and allows the permittee to expedite startup of a hydrocarbon
recovery system once a leak has been detected and groundwater has been
contaminated. The general permit also allows general dewatering for
uncontaminated sites. Normally, such a recovery system consists of
monitoring wells that are used for sampling and delineating plume
movement. Recovery wells, which may be vertical or horizontal, are used
to recover contaminated groundwater in the impacted area. The placement
of recovery wells is generally determined after consideration of
geologic conditions and groundwater movement in order to maximize
recovery of petroleum hydrocarbons. The rate of movement by the
contaminants is affected by the varying permeability and adsorptive
characteristics of the water-filled pore spaces and depth of the water
table. After the contamination reaches the water table, the free-
floating contaminant is usually pumped from the recovery wells to an
above ground storage tank. Additionally, vapor recovery systems are
often used to remove volatiles from the soil. The dissolved organics in
the contaminated water are pumped to an air stripper and treated using
packed-tower aeration and, when necessary, carbon adsorption. Both of
these treatment processes have proven effective in removing up to 99%
of the volatile compounds before discharge into surface waters.
The Florida FDEP and EPA Region IV estimates that of the sites for
which a RAP is prepared in any given year, a maximum of 100 facilities
may propose discharge to surface water under this general permit. In
order to allow hydrocarbon recovery operations to be performed without
processing individual applications for permit issuance, EPA proposes to
reissue this general permit to sources identified within the political
boundaries of the State of Florida.
This general permit may be used to authorize discharges of treated
groundwater and storm water incidental to groundwater cleanup
operations. Long term cleanups, over thirty (30) days, must have an
approved remedial action plan (RAP) before submitting a NOI to
discharge under this NPDES General permit. The RAP Approval Order must
be submitted with the applicant's NOI and is required before
authorizing cleanups over thirty (30) days. This permit is not limited
to cleanup operations funded by the State of Florida, but may cover all
such cleanup operations if the NOI requirements are satisfied.
5. Basis for Final Effluent Limits and Permit Conditions
The effluent limits for the general permit are based on treatment
technology data obtained from previous individual application requests.
The general permit has been written to require an effluent limit on
three (3) chemicals, i.e., benzene, naphthalene and lead.
Benzene is a potential carcinogen according to EPA 440/5-80-0180
and Florida has adopted a WQS for this parameter. However, the previous
technology-based effluent limit of 1.0 g/l is more stringent
than Florida's water quality standard of 71.28 g/l at (FAC 17-
302.530(9)), dated April 25, 1993; therefore, the more stringent
technology based limit, which is also protective of water quality, will
be included in the reissued permit. Based on the ``Ambient Water
Quality Document for Benzene,'' this maximum contaminant level for
benzene is well below the 10-6 risk factor of 40 g/l for
consumption of contaminated aquatic organisms. This limit of 1.0
g/l is also between the 10-5 risk factor of 6.6
g/l and 10-6 risk factor of .66 g/l for
consumption of contaminated water and aquatic organisms.
Most facilities have been able to meet the technology based
effluent limit for lead of 30 g/l, which is required since
older gasoline sites may have marketed fuels with leaded compounds
added in the form of tetraethyllead. Based on the ``Ambient Water
Quality Document for Lead,'' this limit is well below the current human
health standard of 50 g/l, which is protective of human health
against the ingestion of contaminated water and contaminated aquatic
organisms (EPA 440/5-80-057).
The naphthalene limit of 100 g/l was developed based on
FDEP petroleum contamination site cleanup criteria (17-
770.730(5)(a)2e), amended February 20, 1990. According to the ``Ambient
Water Quality Document for Naphthalene,'' acute and chronic toxicity to
freshwater aquatic life occurs at concentrations as low as 2300
g/l for the Rainbow Trout and 620 g/l for the Fathead
Minnow and would occur at lower concentrations among species that are
more sensitive than those tested. Also, according to the ``Handbook of
Environmental Data and Organic Chemicals,'' tainting of fish flesh
occurs for naphthalene near 1000 g/l. The petroleum site
criteria limit of 100 g/l for naphthalene is more stringent
than EPA's water quality document for this parameter and should provide
adequate protection for more sensitive aquatic organisms.
The pH requirements were established based on water quality
criteria at Florida Administrative Code (FAC) 17-303.530(52)(c), dated
April 25, 1993. For fresh waters and coastal waters, the pH of the
effluent shall not be lowered to less than 6.0 units for fresh waters,
or less than 6.5 units for marine waters, or raised above 8.5 units,
unless the permittee submits data during the NOI request confirming a
natural background pH outside of this range. If the natural background
of the receiving water, as revealed by sampling data from the permittee
in the NOI request, is determined to be less than 6.0 standard units
for fresh waters, or less than 6.5 standard units in marine waters, the
pH shall not vary below natural background or vary more than one (1)
unit above natural background. If natural background of the receiving
water, as revealed by sampling data from the permittee in the NOI
request, is determined to be higher than 8.5 units, the pH shall not
vary above natural background or vary more than one (1) unit below
natural background. The continuous monitoring for pH is an option
granted to the permittee and is based on Sec. 401.17 of the Clean Water
Act.
The permittee may request an individual permit to seek less
stringent end-of-pipe effluent limitations for benzene, total lead, and
naphthalene dependent upon resulting instream concentrations during
critical low flows of the receiving stream.
The groundwater reporting requirements for the parameters: TOC, pH,
the Total Recoverable Metals which include Mercury, Cadmium, Copper,
Lead, Zinc, Chromium (Hexavalent), Benzene and Naphthalene, to
determine if contamination exists from other sources are based on
Section 308(a) of the Clean Water Act. The screening values for TOC,
Benzene, and Naphthalene are based on the final August 29, 1991,
modification (56 FR 42739) and the standards for total recoverable
metals are based on the most current Florida Water Quality Standards
for total recoverable metals at FAC Section 17-302.530 [4-25-93]. As
with any petroleum fuel, other aromatic compounds will be present once
testing has occurred. Other volatiles will be present in untreated
groundwater in greater concentrations than benzene. Past experience in
treatment design has shown that these organics can be effectively
treated before discharging to surface waters. According to the
``Toxicant Profile for the ALKYL BENZENES,'' (Ethylbenzene,
Isopropylbenzene, Toluene, Xylene) prepared for Florida's DEP by the
Center of Biomedical and Toxicological Research at Florida State
University, levels for these ALKYL BENZENES of 100-200 g/l
were recommended for the protection of aquatic organisms and human
health. These recommendations are below EPA's ``Ambient Water Quality
Criteria'' documents recommendation for human health which suggest
levels of 1400 g/l to 14300 g/l for Ethylbenzene and
Toluene.
The recommended treatment technology of air stripping and, when
necessary, carbon adsorption, will reduce the benzene concentration to
below 1.0 g/l. Therefore, EPA will not impose specific limits
on the other pollutants which may occur since meeting the limits set in
this permit should reduce the other pollutants well below those levels
allowable based on Florida's water quality standards. Also, the
effluent shall not be lethal to more than 50% of appropriate fish or
invertebrate test organism in a 96-hour static renewal test. Whole
Effluent Toxicity (WET) monitoring tests performed by six (6)
facilities between May 8, 1991 thru March, 1994 indicated that these
effluents were toxic and, therefore, have the reasonable potential to
violate Florida's water quality standards at FAC Section 17-
4.244(3)(a). Because previous 48-hour static WET monitoring tests have
revealed that these effluents have the potential of being toxic,
toxicity testing requirements as authorized and required by 40 CFR
Section 122.44(d)(1)(iv), and contained in Part I, A.1 and A.2 and in
Part V have been included to ensure that the effluent from these
facilities conforms with the FAC. An LC50 of 100% or less in a
test of 96 hours duration or less will constitute a violation of FAC
(February 2, 1994) Section 17-4.244(3)(a) and the terms of this permit.
Since the recovery wells in most instances are placed in areas of
highest contamination, it is reasonable to conclude that the greatest
potential for toxicity should occur during the initial startup stages
of operation. Therefore, an initial frequency of once every month for
three (3) months is included in these requirements to indicate toxicity
and determine treatment performance of these facilities immediately
after commencement of discharge. If no toxicity is confirmed, the
frequency is then reduced to yearly since the permittee will be
required to meet effluent limitations and the potential for toxicity is
at a minimum. Failure to demonstrate compliance with the acute toxicity
requirement will constitute a violation of the terms of the permit.
The sample type for all biomonitoring is ``Grab'' in accordance
with Part V of this general permit.
The permittee is required to develop and implement a Best
Management Practices (BMPs) plan in conjunction with development of the
Remedial Action Plan required by FDEP. BMPs are actions or procedures
to prevent or minimize the potential for the release of toxic
pollutants or hazardous substances in significant amounts to surface
waters. Additionally, for long term cleanups, the permittee shall
develop a Pollution Prevention Plan which considers alternatives for
preventing and reducing impacts to surface waters in accordance with
Part IV. A.2 of this permit.
6. Treatment Technology
According to EPA's publication entitled ``Treatment of Volatile
Organic Compounds in Drinking Water,'' a drinking water research
experiment was conducted on spiked water using one organic volatile and
then by combining two volatiles. The experiment used aeration as the
treatment process. It was discovered that no difference was observed in
treatment efficiency when applying aeration to one organic chemical or
a combination of volatiles. In this particular experiment an overall
efficiency of 92% was obtained. Most petroleum fuels consist of a
combination of volatiles and aromatics, each different, based on
additives included during refining of the fuel. In case studies
revealed in the Environmental Science and Engineering's document ESE
No. 84-912-0300, packed tower aeration utilizing different packing
materials, varying flow paths and air-to-water ratios have been proven
effective in removing over 99% of the volatiles. Some particular
compounds are not as easily air-stripped as others which would
necessitate the need for a combination treatment design used in
conjunction with aeration. Carbon adsorption has been proven effective
in removing organics from water until the influent concentration is in
equilibrium with the effluent and the organics no longer adhere to the
carbon surface. Adsorption has been used successfully in removing less
volatile compounds of higher molecular weight. Other remediation
techniques currently being deployed include vapor recovery systems and
bioremediation which enhances biological activity.
According to (EPA 570/9-84-005) entitled ``Adsorption Techniques in
Drinking Water Treatment'' the efficiency of carbon adsorption was
proven effective during a case study in Hialeah, Florida at the Preston
water treatment plant. In this study, groundwater from a drinking water
aquifer was spiked with higher molecular weight extractables before
treating the water with granular activated carbon. It was found that
more than 90% removal of the spiked compounds was obtained. The
combination of air-stripping with adsorption usually extends the
adsorptive life of the activated carbon and leads to more efficient
treatment, but is not always required or recommended in every
situation.
7. Other Legal Requirements
A. Executive Order 12291
The Office of Management and Budget has exempted this action from
the review requirements of Executive Order 12291 pursuant to Section
8[b] of that order.
B. Regulatory Flexibility Act
After review of the facts presented in this document, I hereby
certify, pursuant to the provisions of 5 U.S.C. Sec. 605(b), that this
NPDES general permit will not have a significant impact on a
substantial number of small entities. Moreover, the permit reduces a
significant administrative burden on regulated sources.
C. Paperwork Reduction Act
EPA has reviewed the requirements imposed on regulated facilities
in this draft general permit under the Paperwork Reduction Act of 1980,
44 U.S.C. Sec. 3501 et seq. The information collection requirements of
this permit have already been approved by the Office of Management and
Budget in submissions made for the NPDES permit program under the
provisions of the Clean Water Act.
8. Requested Variances or Alternatives to Required Standards
None.
9. Effective Date of Proposed Effluent Limits
The proposed effluent limits will be effective immediately upon
receipt of written notification of coverage from the Permit Issuing
Authority.
10. State Certification Requirements
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 of the Act requires that States
certify that Federally issued permits are in compliance with State law.
This permit is for operations within waters within the State of
Florida.
EPA will request State officials to review and provide appropriate
certification of this draft general permit pursuant to 40 CFR 124.53.
11. EPA Contact
Additional information concerning the permit may be obtained at the
address and during the hours noted in Item 12 from: Ms. Lena Scott,
Public Notice Coordinator, 404/347-3004.
12. The Administrative Record
Including application, draft permit, fact sheet, public notice
(after release), State Certification (after receipt), comments
received, and additional information is available by writing the EPA,
Region IV, or for review and copying at 345 Courtland Street, NE.,
Atlanta, Georgia 30365, between the hours of 8:15 a.m. and 4:30 p.m.,
Monday through Friday. Copies will be provided at a minimal charge per
page.
13. Proposed Schedule for Permit Issuance
Draft Permit FDEP Bureau of Waste Cleanup--May 20, 1994
Draft Permit to EPA Headquarters--August 29, 1994
Draft to State for Certification--August 30, 1994
Draft Permit to Federal Register for Public Notice--September 7, 1994
Close Comment Period--October 7, 1994
[FR Doc. 94-23115 Filed 9-16-94; 8:45 am]
BILLING CODE 6560-50-P
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.