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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5119-5]

National Pollutant Discharge Elimination System (NPDES); Final

General Permit for the States of Maine, Massachusetts, and New

Hampshire

AGENCY: Environmental Protection Agency.

ACTION: Notices of Final NPDES General Permits--MAG640000, MEG640000,

and NHG640000.

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

SUMMARY: The Regional Administrator of Region I is issuing Final

National Pollutant Discharge Elimination System (NPDES) General Permit

for water treatment facilities in certain waters of the States of

Maine, Massachusetts, and New Hampshire. This general NPDES Permit

establishes notice of intent (NOI) requirements, effluent limitations,

standards, prohibitions and management practices for facilities with

discharges authorized by the permit.

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 within 180 days of the effective date of this permit and will

receive a written notification from EPA of permit coverage and

authorization to discharge under the general permit.

DATES: This general permit shall be effective on January 9, 1995 and

will expire five years from the effective date. The authorization to

discharge shall become effective upon notification by EPA that the

operator is covered by this permit.

ADDRESSES: Notices of intent to be authorized to discharge under these

permits should be sent to: U.S. Environmental Protection Agency, NPDES

Program Operations Section, P.O. Box 8127, Boston, Massachusetts 02114.

The submittal of other information required under these permits or

individual permit applications should be sent to the above address.

FOR FURTHER INFORMATION CONTACT: Suprokash Sarker, Wastewater

Management Branch, Water Management Division, WMM, Environmental

Protection Agency, J. F. Kennedy Federal Building, Boston,

Massachusetts 02203, Telephone (617) 565-3573.

SUPPLEMENTARY INFORMATION:

I. Introduction

The Regional Administrator of Region I is issuing final general

permit for effluent discharges from water treatment facilities to

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

Hampshire. This notice contains two sets of appendices. Appendix A

summarizes EPA's response to major comments received on the draft

general permits published on July 28, 1994 (59 FR 38465). Appendix B

contains the final general NPDES permits including Part II, Standard

Conditions.

II. Coverage of 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, 1983). 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 Director may require any person authorized

by a general permit to apply for and obtain an individual permit. Any

interested person may petition the Director 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 Director may consider the issuance of individual permits when:

1. The discharge is a significant contributor of pollution;

2. The discharge 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. Circumstances have changed since the time of the request to be

covered so that the discharger is no longer appropriately controlled

under the general permit, or either a temporary or permanent reduction

or elimination of the authorized discharge is necessary;

In accordance with 40 CFR 122.28(b)(3)(iv), the applicability of

the general permit is automatically terminated on the effective date of

the individual 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.

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.

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.

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.

III. Conditions of the 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 limited to Class B, ans SB waters as

designated in Massachusetts Water Quality Standards, 314 CMR 4.00 et

seq. Discharges into Class A water needs review and approval by MADEP.

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. (or as revised).

B. Notification by Permittees

Operators of facilities whose discharge, or discharges, are

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

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

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

appropriate general permit within 180 days of the effective date of the

general permit. This written notification must include the owner's or

operator's legal name and address; the facility name and address; the

number and type of facilities to be covered, the facility locations; a

topographic map (or other map if a topographic map is not available)

indicating its facility locations; the names of the receiving waters

into which discharge will occur; a determination as to whether or not

the facility discharge will adversely affect a listed or proposed to be

listed endangered or threatened species or its critical habitat (see

Part E).

The facilities authorized to discharge under a final general permit

will receive written notification from EPA, Region I, with State

concurrence. 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

under this general permit.

C. Effluent Limitations

1. Statutory Requirements

The Clean Water Act (the Act) prohibits the discharge of pollutants

to waters of the United States without a National Pollutant Discharge

Elimination System (NPDES) permit unless such a discharge is otherwise

authorized by the Act. The NPDES Permit is the mechanism used to

implement technology and water quality based effluent limitations and

other requirements including monitoring and reporting. The NPDES permit

was developed in accordance with various statutory and regulatory

authorities established pursuant to the Act. The regulations governing

the EPA NPDES Permit program are generally found at 40 CFR parts 122,

124, 125 and 136.

EPA is required to consider technology and water quality

requirements when developing permit limits. 40 CFR part 125 Subpart A

sets the criteria and standards that EPA must use to determine which

technology based requirements, requirement under Section 301(b) of the

Act and/or requirements established on a case-by-case basis under

section 402(a)(1) of the Act, should be included in the permit.

The Clean Water Act requires that all discharges, at a minimum,

must meet effluent limitations based on the technological capability of

dischargers to control pollutants in their discharge. Section

301(b)(1)(A) of the Act requires the application of Best Practicable

Control Technology Currently Available (BPT) with the statutory

deadline for compliance being July 1, 1977, unless otherwise authorized

by the Act. Section 301(b)(2) of the Act requires the application of

Best Conventional Control Technology (BCT) for conventional pollutants,

and Best Available Technology Economically Achievable (BAT) for non-

conventional and toxic pollutants. The compliance deadline for BCT and

BAT being March 31, 1980.

2. Technology-Based Effluent Limitations

EPA has not promulgated National Effluent Guidelines for water

treatment facilities. For a category where Guidelines have been

promulgated, the issuance of an individual permit for the discharges

would be more appropriate (See 40 CFR 122.28(b)(3)(i)(C)). Therefore,

as provided in section 402(a)(1) of the Act, EPA has determined to

issue this general permit utilizing Best Professional Judgement (BPT)

to meet the above stated criteria for BAT/BCT described in section

304(b) of the Act. Accordingly monthly average TSS limitation is

established based upon best professional judgement pursuant to Section

402(a)(1) of the CWA.

Water Quality Based Effluent Limitations

Under Section 301(b)(1)(C) of the Act discharges are subject to

effluent limitations based on water quality standards and to the

conditions of State certification under section 401 of the Act.

Receiving stream requirements are established according to numerical

and narrative standards adopted under state and/or federal law for each

stream use classification. The CWA requires that EPA obtain State

certification which states that all water quality standards will be

satisfied. Regulations governing State certification are set forth in

40 CFR Sec. 124.53 and 124.55.

Section 101(a)(3) of the Act specifically prohibits the discharge

of toxic pollutants in toxic amounts. The States of Maine,

Massachusetts, and New Hampshire have similar narrative criteria in

their water quality regulations (See Maine Title 38, Article 4-A,

section 420 and section 464.4.A.(4); Massachusetts 314 CMR 4.05(5)(e);

and New Hampshire Part Env-Ws 432.02(c)(4) that prohibits such

discharges. The permit does not allow for the addition of materials or

chemicals in amounts which would produce a toxic effect to any aquatic

life.

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

and State certification requirements applicable to these discharges

have been reviewed by EPA and the limits and testing requirements for

each State are given below:

Massachusetts: Limits of Max. Daily TSS, Monthly Average and Max

Daily Settleable Solids and pH. Testing requirements for Chlorine,

Aluminum, LC50 and C-NOEC.

Maine: Limits of Chlorine Aluminum and pH. Testing requirements of

LC50 and C-NOEC.

New Hampshire: Limit of pH. Testing requirements of Chlorine,

Aluminum, LC50 and C-NOEC.

D. 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.

E. 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.

F. Endangered Species

Discharges that may adversely affect a listed or proposed to be

listed endangered or threatened species or its critical habitat are not

authorized under this general permit without the written approval of

the Fish and Wildlife Service and/or the National Marine Fisheries

Service.

The Fish and Wildlife Service has indicated that the dwarf wedge

mussel (Alsmidonta heterodon), a Federally listed endangered species,

occurs in a stretch of the Connecticut River from Lebanon, New

Hampshire to Weathersfield Bow, Vermont, in the Ashuelot River in

Keene, New Hampshire and historically from a number of rivers in

Massachusetts, Any facility whose discharge may adversely effect the

mussel or any other threatened or endangered species or its habitat is

required to contact the Fish and Wildlife Service at the following

address in order to make a formal determination: United States

Department of the Interior, Fish and Wildlife Service, 400 Ralph Pill

Marketplace, 22 Bridge Street, Concord, New Hampshire 03301-4901.

The National Marine Fisheries Service has indicated that the

endangered shortnose sturgeon (Acipenser breviirostrum) inhabits

certain sections of the Penobscot, Kennebec and Androscoggin Rivers in

Maine, and the Merrimack and Connecticut Rivers in Massachusetts. Any

facility whose discharge may adversely effect the sturgeon or any other

threatened or endangered species or its habitat is required to contact

the national Marine Fisheries Service at the following address: United

States Department of Commerce, National Oceanic and Atmospheric

Administration, National Marine Fisheries Service, Habitat and

Protected Resources Division, One Blackburn Drive, Gloucester,

Massachusetts 01903-2298.

G. 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 401 of the CWA provides that no Federal license or permit,

including NPDES permits, to conduct any activity that may result in any

discharge into navigable waters shall be granted until the State in

which the discharge originates certifies that the discharge will comply

with the applicable provisions of sections 301, 302, 303, 306, and 307

of the CWA. The section 401 certification process has been completed

for all States covered by today's general permit.

V. Administrative Aspects

A. Request To Be Covered

A facility is not covered by any of these general permits until it

meets the following requirements. First, it must send a notice of

intent to EPA and the appropriate State indicating it meets the

requirements of the permit and wants to be covered. And second, it must

be notified in writing by EPA that it is covered by this general

permit.

Any facility operating under any effective individual NPDES permit

may request that the individual permit be revoked and that coverage

under the general permit granted, as outlined in 40 CFR

122.28(b)(3)(v). If EPA grants coverage under the general permit, EPA

will so notify the facility and revoke the individual permit.

Facilities with expire individual permits that have been

administratively continued in accordance with Sec. 122.6 may apply for

coverage under this general permit. When coverage is granted the

expired individual permit automatically will cease being in effect.

B. The Coastal Zone Management Act

The Coastal Zone Management Act (CZMA), 16 U.S.C. Secs. 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 CZMP. EPA, Region I, has determined that these

general NPDES permits are consistent with the CZMP. EPA has received

certification from the Massachusetts, Maine, and New Hampshire coastal

zone agencies for a determination that these three permits are

consistent with their respective State policies.

C. 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. The U.S. Fish and Wildlife Service and the

National Marine Fisheries Service concur this conclusion.

D. 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. Secs. 1273 et seq., the

National Historic Preservation Act of 1966, 16 U.S.C Secs. 470 et seq.,

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

and the National Environmental Policy Act, 33 U.S.C. Secs. 4321 et

seq., do not apply to the issuance of this general NPDES permit.

VI. Other Legal Requirements

A. Economic Impact (Executive Order 12291)

EPA has reviewed the effect of Executive Order 12291 on this draft

general permit and has determined that it is not a major rule under

that order. This regulation was submitted previously to the Office of

Management and Budget for review as required by 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. 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. Secs. 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. Sec. 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: November 20, 1994.

John P. DeVillars,

Regional Administrator.

Appendix A--Summary of Responses to Public Comments on the July 28,

1994 Draft General Permit

Based on comments from the States of Maine and New Hampshire the

requirement of Footnote No. 1 under Part I 1.a. is limited for the

State of Massachusetts only. Based on another comment the note A.1.h.

under Part I A.l.h. has been changed. The change is that the Toxicity

testing will be performed when requested by EPA or State within 90 days

after the date of request.

Appendix B--Final General Permit Under the National Pollutant Discharge

Elimination System (NPDES)

Note: The Following 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 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 III A. which discharge effluent from water

treatment facilities as defined in Part II of Supplementary Information

to waters as designated in Part III A in accordance with effluent

limitations, monitoring requirements and other conditions set forth

herein.

This permit shall become effective when issued.

This permit and the authorization to discharge expire at midnight,

five years from the effective date of the Federal Register Publication.

This permit consists of Part I below including effluent

limitations, monitoring requirements etc. and Part II 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 18th day of November 1994.

David A. Fierra,

Director, Water Management Division, Environmental Protection Agency,

Region I, Boston, Massachusetts.

Andrew Gottlieb,

Director, Office of Watershed Management, Bureau of Resource

Protection, Commonwealth of Massachusetts, Boston, MA.

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 III A.

a. Such discharges shall be limited and monitored by the permittee

as specified below:

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

Discharge Monitoring requirements

limitations -------------------------------------------

Effluent characteristic ----------------------

Avg. Max. Measurement Sample type

monthly daily\1\ frequency\2\

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

Flow (MGD)....................................

(1)See note A.1. i 1/week Daily

average.

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

Settleable Solids (ml/l)\1\,.................. .1 0.2 1/week.............. Grab.

pH............................................

(1)See Note A 1.g.

Aluminum (mg/l)...............................

(1)See note A.1 j 1/month Grab.

LC50&C-NOEC\2\\3\.............................

(1)See note A.1.h Comp Comp.

Chlorine Residual\4\ ug/l.....................

(1)See note A.1.k 1/week Grab.

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

Footnotes:

\1\Requirement for the State of Massachusetts only.

\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 of 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.

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 concentrations 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

occurring 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 Part II of Supplementary

Information 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.A.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 Massachusetts:

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

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 when requested by EPA or State within 90

days after the date of request. One grab sample will be taken during

normal facility operation. The Ceriodaphnia 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

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., Suite402 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) All notifications and reports required by this permit shall be

submitted to the States at: Massachusetts Department of Environmental

Protection, Office of Watershed Management, 40 Institute Road, North

Grafton, MA. 01536.

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 Hampshire 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 within 180 days 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 30 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 do not 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.

The notice must contain the name, mailing address, and location of the

facility for which the notification is submitted, the NPDES permit

number for the water treatment facility discharge identified by the

notice, and an indication of whether the operator of the discharge has

changed. The notice must be signed in accordance with the signatory

requirements of 40 CFR Sec. 122.22.

3. Renotification

Upon reissuance of a new general permit, the permittee is required

to notify the Director of the intent to be covered by the new general

permit.

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

Permit

a. The Director may require any person authorized by this permit to

apply for and obtain 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.

b. 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.

5. 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.

Part II, Standard Conditions

Section A. General Requirements

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.

a. The permittee shall comply with effluent standards or

prohibitions established under Section 307(a) of the CWA for toxic

pollutants and with standards for sewage sludge use or disposal

established under Section 405(d) of the CWA within the time provided in

the regulations that establish these standards or prohibitions, even if

the permit has not yet been modified to incorporate the requirement.

b. The CWA provides that any person who violates Sections 301, 302,

306, 307, 308, 318, or 405 of the CWA or any permit condition or

limitation implementing any of such sections in a permit issued under

Section 402, or any requirement imposed in a pretreatment program

approved under Sections 402(a)(3) or 402(b)(8) of the CWA is subject to

a civil penalty not to exceed $25,000 per day for each violation. Any

person who negligently violates such requirements is subject to a fine

of not less than $2,500 nor more than $25,000 per day of violation, or

by imprisonment for not more than 1 year, or both. Any person who

knowingly violates such requirements is subject to a fine of not less

than $5,000 nor more than $50,000 per day of violation, or by

imprisonment for not more than 3 years, or both. Note: See 40 CFR

122.41(a)(2) for additional enforcement criteria.

c. Any person may be assessed an administrative penalty by the

Administrator for violating Section 301, 302, 306, 307, 308, 318, or

405 of the CWA, or any permit condition or limitation implementing any

of such sections in a permit issued under Section 402 of the CWA.

Administrative penalties for Class I violations are not to exceed

$10,000 per violation, with the maximum amount of any Class I penalty

assessed not to exceed $25,000. Penalties for Class II violations are

not to exceed $10,000 per day for each day during which the violation

continues, with the maximum amount of any Class II penalty not to

exceed $125,000.

2. Permit Actions

This permit may be modified, revoked and reissued, or terminated

for cause. 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.

3. Duty To Provide Information

The permittee shall furnish to the Regional Administrator, within a

reasonable time, any information which the Regional Administrator 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 Regional

Administrator, upon request, copies of records required to be kept by

this permit.

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

The issuance of this permit does not convey any property rights of

any sort, nor any exclusive privileges.

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:

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

(ii) 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

If the permittee wishes to continue an activity regulated by this

permit after its expiration date, the permittee must apply for and

obtain a new permit. The permittee shall submit a new application at

least 180 days before the expiration date of the existing permit,

unless permission for a later date has been granted by the Regional

Administrator. (The Regional Administrator shall not grant permission

for applications to be submitted later than the expiration date of the

existing permit.)

9. 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.

10. 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

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 and with the requirements

of storm water pollution prevention plans. 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 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 conditions of this

permit.

3. Duty to Mitigate

The permittee shall take all reasonable steps to minimize or

prevent any discharge or sludge use or disposal in violation of this

permit which has a reasonable likelihood of adversely affecting human

health or the environment.

4. Bypass

a. Definitions.

(1) ``Bypass'' means the intentional diversion of waste streams

from any portion of a treatment 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 B.4.c and 4.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.

(2) Unanticipated bypass.

The permittee shall submit notice of an unanticipated bypass as

required in Paragraph D.1.e (24-hour notice).

d. Prohibition of bypass.

(1) Bypass is prohibited, and the Regional Administrator may take

enforcement action against a permittee for bypass, unless:

(a) Bypass was unavoidable to prevent loss of life, personal

injury, or severe property damage;

(b) There were no feasible alternatives to the bypass, such as the

use of auxiliary treatment facilities, retention of untreated wastes,

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) (i) The permittee submitted notices as required under Paragraph

4.c of this section.

(ii) The Regional Administrator may approve an anticipated bypass,

after considering its adverse effects, if the Regional Administrator

determines that it will meet the three conditions listed above in

Paragraph 4.d of this section.

5. Upset

a. Definition. ``Upset'' means an exceptional incident in which

there is unintentional and temporary non-compliance with technology-

based permit effluent limitations because of factors beyond the

reasonable 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.

b. Effect of an upset. An upset constitutes an affirmative defense

to an action brought for noncompliance with such technology-based

permit effluent limitations if the requirements of Paragraph B.5.c of

this section are met. No determination made during administrative

review of claims that noncompliance was caused by upset, and before an

action for noncompliance, is final administrative action subject to

judicial review.

c. Conditions necessary for a demonstration of upset. A permittee

who wishes to establish the affirmative defense of upset shall

demonstrate, through properly signed, contemporaneous operating logs,

or other relevant evidence that:

(1) An upset occurred and that the permittee can identify the

cause(s) of the upset;

(2) The permitted facility was at the time being properly operated;

(3) The permittee submitted notice of the upset as required in

Paragraphs D.1.a and 1.e (24-hour notice); and

(4) The permittee complied with any remedial measures required

under B.3. above.

d. Burden of proof. In any enforcement proceeding the permittee

seeking to establish the occurrence of an upset has the burden of

proof.

Section C. Monitoring and Records

1. Monitoring and Records

a. Samples and measurements taken for the purpose of monitoring

shall be representative of the monitored activity.

b. Except for records of monitoring information required by this

permit related to the permittee's sewage sludge use and disposal

activities, which shall be retained for a period of at least five years

(or longer as required by 40 CFR Part 503), 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 except for the

information concerning storm water discharges which must be retained

for a total of 6 years. This retention period may be extended by

request of the Regional Administrator at any time.

c. Records of monitoring information shall include:

(1) The date, exact place, and time of sampling or measurements;

(2) The individual(s) who performed the sampling or measurements;

(3) The date(s) analyses were performed;

(4) The individual(s) who performed the analyses;

(5) The analytical techniques or methods used; and

(6) The results of such analyses.

d. Monitoring results must be conducted according to test

procedures approved under 40 CFR Part 136 or, in the case of sludge use

or disposal, approved under 40 CFR Part 136 unless otherwise specified

in 40 CFR Part 503, unless other test procedures have been specified in

the permit.

e. 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, or by

imprisonment for not more than 2 years, or both. If a conviction of a

person is for a violation committed after a first conviction of such

person under this paragraph, punishment is a fine of not more than

$20,000 per day of violation, or by imprisonment of not more than 4

years, or both.

2. Inspection and Entry

The permittee shall allow the Regional Administrator, or an

authorized representative (including an authorized contractor acting as

a representative of the Administrator), upon 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 times 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. Reporting Requirements

a. Planned changes. The permittee shall give notice to the Regional

Administrator as soon as possible of any planned physical alterations

or additions to the permitted facility. Notice is required only when:

(1) The alteration or addition to a permitted facility may meet one

of the criteria for determining whether a facility is a new source in

40 CFR Sec. 122.29(b); or

(2) The alteration or addition could significantly change the

nature or increase the quantity of pollutants discharged. This

notification applies to pollutants which are subject to the effluent

limitations in the permit, nor to the notification requirements under

40 CFR Sec. 122.42(a)(1).

(3) The alteration or addition results in a significant change in

the permittee's sludge use or disposal practices, and such alteration,

addition or change may justify the application of permit conditions

different from or absent in the existing permit, including notification

of additional use or disposal sites not reported during the permit

application process or not reported pursuant to an approved land

application plan.

b. Anticipated noncompliance. The permittee shall give advance

notice to the Regional Administrator of any planned changes in the

permitted facility or activity which may result in noncompliance with

permit requirements.

c. Transfers. This permit is not transferable to any person except

after notice to the Regional Administrator. The Regional Administrator

may require modification or revocation and reissuance of the permit to

change the name of the permittee and incorporate such other

requirements as may be necessary under the Clean Water Act. (See

Sec. 122.61; in some cases, modification or revocation and reissuance

is mandatory.)

d. Monitoring reports. Monitoring results shall be reported at the

intervals specified elsewhere in this permit.

(1) Monitoring results must be reported on a Discharge Monitoring

Report (DMR) or forms provided or specified by the Regional

Administrator for reporting results of monitoring of sludge use or

disposal practices.

(2) If the permittee monitors any pollutant more frequently than

required by the permit using test procedures approved under 40 CFR Part

136 or, in the case of sludge use or disposal, approved under 40 CFR

Part 136 unless otherwise specified in 40 CFR Part 503, or as specified

in the permit, the results of this monitoring shall be included in the

calculation and reporting of the data submitted in the DMR or sludge

reporting form specified by the Regional Administrator.

(3) Calculations for all limitations which require averaging of

measurements shall utilize an arithmetic mean unless otherwise

specified by the Regional Administrator in the permit.

e. Twenty-four hour reporting.

(1) The permittee shall report any noncompliance which may endanger

health or the environment. Any information shall be provided orally

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.

(2) The following shall be included as information which must be

reported within 24 hours under this paragraph.

(a) Any unanticipated bypass which exceeds any effluent limitation

in the permit. (See Sec. 122.41(g))

(b) Any upset which exceeds any effluent limitation in the permit.

(c) Violation of a maximum daily discharge limitation for any of

the pollutants listed by the Regional Administrator in the permit to be

reported within 24 hours. (See Sec. 122.44(g))

(3) The Regional Administrator may waive the written report on a

case-by-case basis for reports under Paragraph D.1.e if the oral report

has been received within 24 hours.

f. 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.

g. Other noncompliance. The permittee shall report all instances of

noncompliance not reported under Paragraphs D.1.d, D.1.e and D.1.f of

this section, at the time monitoring reports are submitted. The reports

shall contain the information listed in Paragraph D.1.e of this

section.

h. Other information. Where the permittee becomes aware that it

failed to submit any relevant facts in a permit application, or

submitted incorrect information in a permit application or in any

report to the Regional Administrator, it shall promptly submit such

facts or information.

2. Signatory Requirement

a. All applications, reports, or information submitted to the

Regional Administrator shall be signed and certified. (See Sec. 122.22)

b. The CWA 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 non-compliance

shall, upon conviction, be punished by a fine of not more than $10,000

per violation, or by imprisonment for not more than 6 months per

violation, or by both.

3. Availability of Reports

Except for data determined to be confidential under Paragraph A.8.

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) Pub. L. 92-500, as amended by Pub. L.

95-217, Pub. L. 95-576, Pub. L. 96-483 and Pub. L. 97-117; 33 U.S.C.

Secs. 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 or 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 Sections Secs. 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.

Secs. 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 3 States of Maine, Massachusetts and New

Hampshire.

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)(l) 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.

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. 94-30315 Filed 12-8-94; 8:45 am]

BILLING CODE 6560-50-P