Final NPDES General Permits for Non-Contact Cooling Water Discharges in the States of Maine, Massachusetts, and New Hampshire
Federal RegisterApr 28, 1994
Ask Donna
What actually matters in this document.
Text
SUMMARY: The Regional Administrator of Region I is issuing final
National Pollutant Discharge Elimination System (NPDES) general permits
for non-contact cooling water discharges to certain waters of the
States of Maine, Massachusetts, and New Hampshire. These general NPDES
permits establish 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 non-contact
cooling water will be required to submit to EPA, Region I, a notice of
intent 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 one of the general permits.
DATES: This general permit shall be effective on May 31, 1994 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:
Sharon Leitch, U.S. EPA Region I, Wastewater Management Branch, Water
Management Division-WMN, John F. Kennedy Federal Building, Boston, MA
02203, telephone: 617-565-3566.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Regional Administrator of Region I is issuing final general
permits for non-contact cooling water discharges 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 September 15, 1992 (57 FR 42572). 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 unless
such a discharge is otherwise authorized by the Act. Although such
permits to date have generally been issued to individual discharges in
Region I, 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 pollution 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
non-contact cooling water covered by these general permits 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 discharger is not in compliance with the terms and
conditions of the general permit;
2. A change has occurred in the availability of demonstrated
technology or practices for the control or abatement of pollutants
applicable to the point source;
3. Effluent limitations guidelines are subsequently promulgated for
the point sources covered by the general NPDES permit;
4. A Water Quality Management plan containing requirements
applicable to such point sources is approved; or
5. 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;
6. The discharge(s) is a significant contributor of pollution.
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.
III. Description of Non-Contact Cooling Water Discharges
The proposed general permits are for: (1) Massachusetts operators
of any facilities with non-contact cooling water discharges; (2) Maine
operators of facilities with non-contact cooling water discharges; (3)
New Hampshire operators of any facilities with non-contact cooling
water discharges.
Non-contact cooling water is water used to reduce temperature which
does not come into direct contact with any raw material, intermediate
product, waste product (other than heat) or finished product. Non-
contact cooling water discharges are similar in composition even though
they are not generated by a single industrial category or point source.
The similarity of the discharges has prompted EPA to prepare this
general permit. 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 the 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 12 of the industries that have direct
discharges to the waters of the State are strictly non-contact cooling
water. In the State of New Hampshire there are 178 industrial
applications or permittees. It is estimated that over 30 of the
industries that have direct discharges to the waters of the State are
strictly non-contact cooling water. In the Commonwealth of
Massachusetts there are 651 industrial applicants or permittees. It is
estimated that over 200 of the industries that have direct discharges
to the waters of the State are strictly non-contact cooling water.
IV. Conditions of the General NPDES Permit
A. Geographic Areas
Maine (Permit No. MEG250000). All of the discharges to be
authorized by the general NPDES permit for dischargers located in the
State of Maine are into all waters of the State unless otherwise
restricted by Title 38, Article 4-A, Water Classification Program (or
as revised).
Massachusetts (Permit No. MAG250000). All of the discharges to be
authorized by the general NPDES permit for dischargers in the
Commonwealth of Massachusetts are into all waters of the Commonwealth
unless otherwise restricted by the Massachusetts Surface Water Quality
Standards, 314 CMR 4.00 (or as revised), including 314 CMR 4.04(3)
Protection of Outstanding Resource Waters.
New Hampshire (Permit No. NHG250000). All of the discharges to be
authorized by the general NPDES permit for dischargers in the State of
New Hampshire 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 non-
contact cooling water and whose facilities are located in the
geographic areas described in Part IV.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
location(s); a topographic map (or other map if a topographic map is
not available) indicating the facility location(s); the name(s) 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.); and in the State of Maine, only, a special list
of water treatment chemicals used by the facility.
Facilities located in Massachusetts or New Hampshire that intend to
be covered under this general permit must also submit a formal
certification with the notice of intent that no chemical additives are
used in their non-contact cooling water systems.
Each facility must also certify that the discharge consists solely
of non-contact cooling water, no other waste stream discharges will be
permitted under this general permit.
Each facility must also submit a copy of the notice of intent to
each State authority as appropriate (see individual state permits for
appropriate authority and address).
The facilities authorized to discharge under the 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 and/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 establised 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, requirements 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 is as expeditiously as practicable but in no case later than three
years after the date such limitations are promulgated and in no case
later than March 31, 1989.
2. Technology-Based Effluent Limitations
EPA has not promulgated National Effluent Guidelines for non-
contact cooling water discharges. For a category where Guidelines have
been promulgated, such as steam electric generating stations (see 40
CFR part 423), 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 (BPJ)
to meet the above stated criteria for BAT/BCT described in section
304(b) of the Act.
The pH has been defined as a conventional pollutant. A review of
the BCT regulations reveals the test cost is inappropriate because: (1)
The pH is not adjusted as nothing but heat is added to the discharge
and no chemical addition, unless approved by the State of Maine, or
treatment is provided, and (2) pH, even though it is a conventional
pollutant, is not measured in pounds as the other conventional
pollutants.
3. 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. Nevertheless, toxic effects may still occur as a result of toxic
source water or due to dissolution of the piping in the cooling water
systems.
Non-contact cooling water discharges do not contain or come in
contact with raw materials, intermediate products, finished products,
or process wastes. Therefore, it could be assumed that the discharges
do not contain toxic or hazardous pollutants or oil and grease.
However, based on the previous statement regarding potential source
water toxicity, these discharges may violate water quality criteria
established for toxic or hazardous pollutants in which case an
individual permit would be required.
Water quality standards applicable to non-contact cooling water
discharges covered by this general permit include pH and temperature.
EPA has reviewed the water quality standards for pH and temperature of
each of the States and has incorporated the appropriate effluent
limitations into each permit.
4. Antidegradation Provisions
The conditions of the permit reflect the goal of the CWA and EPA to
achieve and maintain water quality standards. The environmental
regulations pertaining to the State Antidegradation Policies which
protect the State's surface waters from falling below State standards
for water quality are found in the following provisions: Maine Title
38, Article 4-A, Section 464.4.F.; Massachusetts Water Quality
Standards 314 CMR 4.04 Antidegradation Provisions; and New Hampshire
policy RSA 485-A:8, VI Part Env-Ws 437.01 and Env-Ws 437.02.
This general permit will not apply to any new or increased
discharge unless it can be determined that such discharges will result
in insignificant effects to the receiving waters. This determination
shall be made in accordance with the appropriate State Antidegradation
Policies.
D. Monitoring and Reporting Requirements
Effluent limitations and monitoring requirements which are included
in the general permit describe the requirements to be imposed on the
facilities to be covered.
Facilities covered by the final general permits will be required to
submit to EPA, Region I, and the appropriate State authority, a
Discharge Monitoring Report (DMR) containing effluent data. The
frequency of reporting is determined in accordance with each State's
provisions (see the individual State permits).
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 Sec. 122.41(j), 122.44(i) and 122.48, and as
certified by the State.
E. Endangered Species
Non-contact cooling water 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 (Alasmidonta 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 brevirostrum) 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 01930-2298.
F. 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.
V. State (401) 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. The following summary
indicates where additional permit requirements have been added as a
result of the certification process.
The following changes apply to all States. Part III (Part I.B.1. in
the draft permit) Description of Non-Contact Cooling Water Discharges
has been changed to include non-contact cooling water instead of just
cooling water in the description. Part IV.A. (Part II.A. in the draft)
Geographic Areas has been changed to include specific reference to all
state water quality standards which would apply to the discharges
covered under the permit. Part IV.B. (Part II.B. in the draft)
Notification by Permittees has been modified to include specific State
requirements (see final permit).
Massachusetts: see Appendix B, Massachusetts General Permit. Under
Part I.A.1. (Appendix A., Number 1, Part I.A.1. in the draft) the State
has included a provision for the flow requirements in the final permit.
The provision allows for a discharge flow of greater than 1 MGD to be
covered under the general permit on a case by case basis as determined
by the State (see footnote in final permit). The discharge limitations
for pH have been modified to include the requirements specific to each
water classification type (see Part I.A.i. or j. in the final permit).
LC50 & C-NOEC, the testing requirements for whole effluent
toxicity (WET), have been changed. WET testing will only be required
upon request by EPA and/or the State (see Part I.A.1.k. of the final
permit). Parts I.A.1.b, c, d & e have been added to the final permit,
these provisions are specific to the temperature exceedence allowances
in accordance with the State water quality standards. Any requirements
referring to Class C or SC water bodies found in the draft general
permit have been deleted since there are no Class C or SC segments in
the State.
New Hampshire: see Appendix B, New Hampshire General Permit. Under
Part I.A.1. (Appendix A., Section c., Part I.A.1. in the draft) the
temperature limit and designation for a warm water fishery have been
added under Part I.A.1.a. The reference for pH has been changed to
include specific State permit conditions (see Part I.B. of the final
permit). LC50 & C-NOEC, the testing requirements for whole
effluent toxicity (WET), have been changed. WET testing will only be
required upon request by EPA and/or the State (see Part I.A.1.f. of the
final permit).
VI. 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 an 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 expired 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
consistency 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 existing discharges that obtain
coverage under this general NPDES permit will not affect or jeopardize
the continued existence of any endangered or threatened species or
adversely affect its critical habitat. EPA has submitted a ``no-
effect'' determination to the U.S. Fish and Wildlife Service and the
National Marine Fisheries Service to confirm 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 these general NPDES permits.
VII. 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 these permits do not have a significant impact on a substantial
number of small entities. Moreover, the draft permits will reduce a
significant administrative burden on regulated sources.
Dated: April 6, 1994.
John P. DeVillars,
Regional Administrator.
Appendix A--Summary of Responses to Public Comments on the
September 15, 1992, Draft General Permits
One commenter expressed concern that the general permits
eliminate all effective water treatment programs for non-contact
cooling systems and that the permits surmised that additives used to
control biological growth (biocides) are inherently toxic to aquatic
life. The commenter suggested that EPA more fully review all the
technical aspects of operating and maintaining cooling tower systems
before issuing the permit.
As stated in the permit, the purpose of general permits is to
extend environmental and regulatory controls to a large number of
discharges and reduce some permit backlog. It is a mechanism through
which the Region can properly regulate many of the minor non-contact
cooling water discharges, it can provide quick coverage to a large
number facilities. Time and resources do not allow for individual
review of each of the facilities cooling water systems and the types
of additives used. If a facility wishes it may apply for an
individual permit which can address this issue separately.
One commenter from New Hampshire expressed concern regarding the
pH requirements for the permit, the commenter was concerned that
excursions of pH caused by precipitation or intake water are not
allowed.
The final permit requirements for New Hampshire do allow for pH
excursions due to natural causes as part of the State Surface Water
Quality Regulations (see the New Hampshire general permit, Part B,
State Permit Conditions).
Appendix B--Final General Permits Under the National Pollutant
Discharge Elimination System (NPDES).
Note: The following three general NPDES permits have been
combined for purposes of this Federal Register. Parts I.A. and I.B.
of the permits are specific for each state. Parts I.C. and I.D. are
common to all three permits.
Massachusetts General Permit, Permit No. MAG250000
In compliance with the provisions of the Federal Clean Water
Act, as amended, (33 U.S.C. Secs. 1251 et seq.; the ``CWA''), and
the Massachusetts Clean Waters in Massachusetts, which discharge
solely non-contact cooling water, as previously defined in Part III,
to the classes of waters as designated in the Massachusetts Water
Quality Standards, 314 CMR 4.00 et seq.; are authorized to discharge
to all waters, unless otherwise restricted, 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.
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 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 or
areas named.
Signed this 6th day of April, 1994.
David A. Fierra,
Director, Water Management Division, Environmental Protection Agency,
Boston, MA.
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 of non-contact cooling water to a drainage basin
classified as a warm or cold water fishery as designated below.
a. Such discharges shall be limited and monitored by the
permittee as specified below:
----------------------------------------------------------------------------------------------------------------
Discharge limitations other units (specify) Monitoring requirements
Effluent ------------------------------------------------------------------------------------------
characteristic Measurement
Avg. Monthly Max. Daily frequency Sample type
----------------------------------------------------------------------------------------------------------------
Flow................. ........................ 1.0 MGD*................ Quarterly........... Totalized
daily.
Temperature:
Warm water ........................ 83 deg.F(28.3 deg.C).... Quarterly........... 4 grabs,
fishery**. reporting
maximum and
average.
Cold water ........................ 68 deg.F (20 deg.C)..... .................... ...............
fishery**.
pH................... (\1\)................... (\1\)................... Quarterly........... 4 grabs
reporting
maximum and
minimum
values.
LC50 & C-NOEC, %..... (\1\)................... (\2\)................... .................... 24-hour
composite.
----------------------------------------------------------------------------------------------------------------
*The State may allow coverage under the general permit for discharges greater than 1.0 MGD on a case by case
basis.
**The definition of a cold or warm water fishery can be found in the Massachusetts Surface Water Quality
Standards, 314 CMR 4.06(1)(d)6. and 4.06 (1)(d)7., respectively. The designation of a cold or warm water
fishery shall be that which is provided in the Water Quality Standards 314 CMR 4.06(3).
\1\See part I.A.1.i or j.
\2\See part I.A.1.K.
b. The rise in temperature due to a discharge to Class A waters
shall not exceed 1.5 deg.F (0.8 deg.C); and natural seasonal and
daily variations shall be maintained (314 CMR 4.05(3)(a)2).
c. The rise in temperature due to a discharge to Class B waters
shall not exceed 3 deg.F (1.7 deg.C) in rivers and streams
designated as cold water fisheries non 5 deg.F (2.8 deg.C) in rivers
and streams designated as warm water fisheries (based on the minimum
expected flow for the month); in lakes and ponds the rise shall not
exceed 3 deg.F (1.7 deg.C) in the epilimnion (based on the monthly
average of maximum daily temperature); and natural seasonal and
daily variations shall be maintained (314 CMR 4.05(3)(b)2).
d. The rise in temperature due to a discharge to Class SA waters
shall not exceed 1.5 deg.F (0.8 deg.C); and natural seasonal and
daily variations shall be maintained (314 CMR 4.05(4)(a)2).
e. The rise in temperature due to a discharge to Class SB waters
shall not exceed 1.5 deg.F (0.8 deg.C) during the summer months
(July through September) nor 4 deg.F (2.2 deg.C) during the winter
months (October through June); and natural seasonal and daily
variations shall be maintained 314 CMR 4.05(4)(b)2.
f. This permit prohibits the addition of any water treatment
chemical for any purpose to the non-contact cooling water system.
g. There shall be no discharge of floating solids or visible
foam in other than trace amounts.
h. Samples taken in compliance with the monitoring requirements
specified above shall be taken at the point of discharge.
i. The pH of the effluent for discharges to Class A and Class B
waters shall be in the range of 6.5-8.3 standard units and not more
than 0.5 units outside of the background range. There shall be no
change from background conditions that would impair any uses
assigned to the receiving water Class.
j. The pH of the effluent for discharges to Class SA and Class
SB waters shall be in the range of 6.5-8.5 standard units and not
more than 0.2 units outside of the normally occurring range. There
shall be no change from background conditions that would impair any
uses assigned to the receiving water Class.
k. One chronic (and modified acute) toxicity test shall be
performed on the non-contact cooling water discharge by the
permittee upon request by EPA and/or MADEP. Testing shall be
performed in accordance with EPA toxicity protocol to be provided at
the time of the request. The test shall be performed on a 24-hour
composite sample to be taken during normal facility operation. The
results of the test (C-NOEC and LC50) shall be forwarded to
State and EPA within 30 days after completion.
The test methods to follow are those recommended by EPA for the
particular discharge in:
Weber, C. I. et al., 1989. Short Term Methods for Estimating the
Chronic Toxicity of Effluents and Receiving Waters to Freshwater
Organisms, Second Edition. Office of Research and Development,
Cincinnati, OH, EPA-600/4-89-001.
Peltier, W., and Weber, C.I., 1985. Methods for Measuring the
Acute Toxicity of Effluents to Freshwater and Marine Organisms,
Third Edition. Office of Research and Development, Cincinnati, OH.
EPA/600/4-85/013.
Weber, C. I. et al., 1988. Short Term Methods for Estimating the
Chronic Toxicity of Effluents and Receiving Waters to Marine and
Estuarine Organisms, Office of Research and Development, Cincinnati,
OH. EPA-600/4-87/028.
B. State Permit Conditions
1. This Discharge Permit is issued jointly by the U. S.
Environmental Protection Agency (EPA) and the Department of
Environmental Protection under Federal and State law, respectively.
As such, all the terms and conditions of this permit are hereby
incorporated into and constitute a discharge permit issued by the
Director of the Massachusetts Office of Watershed Management
pursuant to M.G.L. Chap. 21, Sec. 43.
2. Each Agency shall have the independent right to enforce the
terms and conditions of this Permit. Any modification, suspension or
revocation of this Permit shall be effective only with respect to
the Agency taking such action, and shall not affect the validity or
status of this Permit as issued by the other Agency, unless and
until each Agency has concurred in writing with such modification,
suspension or revocation. In the event any portion of this Permit is
declared invalid, illegal or otherwise issued in violation of State
law such permit shall remain in full force and effect under Federal
law as an NPDES Permit issued by the U.S. Environmental Protection
Agency. In the event this Permit is declared invalid, illegal or
otherwise issued in violation of Federal law, this Permit shall
remain in full force and effect under State law as a Permit issued
by the Commonwealth of Massachusetts.
Maine General Permit, Permit No. MEG250000
In compliance with the provisions of the Federal Clean Water
Act, as amended, (33 U.S.C. Secs. 1251 et seq.; the ``CWA''),
operators of industrial facilities discharging solely non-contact
cooling water, as previously defined in Part III, located in Maine
are authorized to discharge to all waters of the State unless
otherwise restricted by Title 38, Article 4-A, Water Classification
Program, in accordance with effluent limitations, monitoring
requirements and other conditions set forth herein. No discharge
into lakes is authorized by this permit.
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.
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 written notification of permit coverage, or those
who are denied coverage by the Director are not authorized under
this general permit to discharge from those facilities to the
receiving waters or areas named.
Signed this 6th day of April 1994.
David A. Fierra,
Director, Water Management Division, Environmental Protection Agency,
Boston, MA.
Part I
A. Effluent Limitations and Monitoring Requirements
1. During the period beginning on the effective date and lasting
through expiration, the permittee is authorized to discharge from
each outfall of non-contact cooling water (as defined in Paragraph
I.A.1.f. below) into fresh and marine water.
a. Such discharges shall be limited and monitored by the
permittee as specified below:
----------------------------------------------------------------------------------------------------------------
Discharge limitations other units (specify) Monitoring requirements
Effluent ------------------------------------------------------------------------------------------
characteristic Measurement
Avg. monthly Max. daily frequency Sample type
----------------------------------------------------------------------------------------------------------------
Flow (see I.A.1.g.)*. ........................ See Figure 1............ Monthly............. Daily average.
Temperature (see ........................ See Figure 1............ Monthly............. 4 grabs,
I.A.1.g.)*. reporting
maximum, and
averages.
Total Residual ........................ Report.................. Quarterly........... Grab.
Chlorine (see
I.A.1.j.).
----------------------------------------------------------------------------------------------------------------
Non-contact cooling water may be discharged only into Class B, C, SB, and SC waters that have a drainage area
larger than ten (10) square miles in accordance with Maine State Law. See Paragraph I.A.1.g. for details for
determining if the specific discharge(s) have acceptable dilution and can be covered by the General Permit
Program.
b. The pH shall not be less than 6.0 standard units nor greater
than 8.5 standard units and shall be monitored monthly with 4 grabs,
reporting maximum values (see I.A.1.i. below).
c. There shall be no discharge of floating solids or visible
foam in other than trace amounts.
d. The effluent limitations are based on the State water quality
standards and certified by the State.
e. Samples taken in compliance with the monitoring requirements
specified above shall be taken at the point of discharge.
f. Definitions:
Non-contact cooling water is water used to reduce temperature
which does not come into direct contact with any raw material,
intermediate product, waste product or finished product.
Non-toxic water treatment additives are chemicals used in
cooling water system primarily to control corrosion or prevent
deposition of scale forming materials which do not exhibit any
residual toxic effect on the receiving waters.
g. Discharge Temperature and Volume
The temperature and volume of the discharge shall not exceed 120
deg.F and 3.0 millions gallons per day (MGD). The acceptability of
the total or combined non-contact cooling waters from each facility
must be determined using the graph on Figure 1. The intersection of
the maximum effluent temperature and the dilution ratio shall be in
the ``acceptable'' range shown on Figure 1, titled ``Effluent
Temperature/Dilution Graph'' for coverage by the General Permit
Program. If the intersection falls within the ``non-acceptable''
area, the facility must be covered by the individual NPDES Permit,
not the General Permit Program.
The effluent temperature is the maximum daily temperature. The
dilution factor is the sum of the 7Q10 low stream flow at the
facility site and the daily maximum effluent flow divided by the
daily maximum effluent flow. For facilities with multiple outfalls,
the daily maximum effluent flow shall be the sum of the flow from
all outfalls.
h. Water Treatment Additives
Non-toxic water treatment additives are allowed in non-contact
cooling water systems. The State of Maine will review each
identified chemical to determine its acceptability. Additives used
to control biological growth in such cooling systems are prohibited
due to their inherent toxicity to aquatic life.
Residual chlorine discharges resulting from the use of potable
water supplies will be exempt from this provision.
The following water treatment additive biological and chemical
data must be supplied in the letter of intent to be covered by this
general permit:
(1) Name and manufacture of each additive used,
(2) Maximum and average daily quantity of each additive used on
a monthly basis, and
(3) The vendor's reported aquatic toxicity of additive (NOAEL
and/or LC50 in % for typically acceptable aquatic test
organisms)
All substitutions to the accepted water treatment chemicals must
be approved by the State prior to their usage.
i. pH Control
The pH of the effluent shall be between 6.0 to 8.5 standard
units (s.u.) unless the sole cause of excursion below 6.0 s.u. is
due to precipitation or the low pH of the influent water.
j. Total Residual Chlorine
Potable water supply sources used for cooling water supply shall
not contain Total Residual Chlorine (TRC) at concentration levels
that induce a toxic impact upon aquatic life within the receiving
waters. The instream waste concentration of TRC based on the ratio
of the effluent flow stream flow to the 7Q10 low flow of the stream
shall be less than the appropriate water quality criteria for the
receiving waterway.
BILLING CODE 6560-50-P
TN28AP94.000
BILLING CODE 6560-50-C
New Hampshire General Permit, Permit No. NHG250000
In compliance with the provisions of the Federal Clean Water
Act, as amended, (33 U.S.C. Secs. 1251 et seq.; the ``CWA''),
operators of industrial facilities discharging solely non-contact
cooling water, as previously defined in Part III, located in New
Hampshire are authorized to discharge to all waters, unless
otherwise restricted by State Water Quality Standards, New Hampshire
RSA 485-A:8, 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.
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 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 or
areas named.
Signed this 6th day of April, 1994.
David A. Fierra,
Director, Water Management Division, Environmental Protection Agency,
Boston, MA.
Part I
A. Effluent Limitations and Monitoring Requirements
1. During the period beginning on the effective date and lasting
through expiration, the permittee is authorized to discharge from
each outfall on non-contact cooling water into all rivers of the
State, unless restricted by the New Hampshire Fish and Game
Department and New Hampshire Department of Environmental Services,
Water Supply and Pollution Control Division.
a. The discharge shall be limited and monitored as specified
below:
----------------------------------------------------------------------------------------------------------------
Discharge limitations other units (specify) Monitoring requirements
Effluent ------------------------------------------------------------------------------------------
characteristic Measurement
Avg. monthly Max. daily frequency Sample type
----------------------------------------------------------------------------------------------------------------
Flow, gpd............ ........................ Report.................. Monthly............. Total daily.
Temperature:
Cold water ........................ 68 deg.F(20 deg.C..... Monthly............. 4 grabs,
fishery*. reporting
maximum and
average.
Warm water ........................ 83 deg.F (28.3 deg.C.. .................... ...............
fishery*.
pH................... (\1\)................... (\1\)................... Monthly............. 4 grabs,
reporting
maximum and
minimum.
LC50 & C-NOEC, %..... (\2\)................... (\2\)................... .................... 24-hour
composite.
----------------------------------------------------------------------------------------------------------------
*As determined by the New Hampshire Fish and Game Department.
\1\See Part I.B.1.a.
\2\See Part I.A.1.f.
b. This permit does not allow for the addition of any biocide or
chemical for any purpose to the water.
c. There shall be no discharge of oil, floating solids, visible
foam, debris or other visible pollutants.
d. The effluent limitations for temperature and pH are based on
the state water quality standards and are certified by the State.
e. Samples taken in compliance with the monitoring requirements
specified above shall be taken at the point of discharge.
f. One chronic (and modified acute) toxicity text shall be
performed on the non-contact cooling water discharge by the
permittee upon request by EPA and/or the NHDES. Testing shall be
performed in accordance with EPA toxicity protocol to be provided at
the time of the request. The test shall be performed on a 24-hour
composite sample to be taken during normal facility operation. The
results of the test (C-NOEC and LC50) shall be forwarded to the
State and EPA within 30 days after completion.
The test methods to follow are those recommended by EPA for the
particular discharge in:
Weber, C.I. et al., 1989, Short Term Methods for Estimating the
Chronic Toxicity of Effluents and Receiving Water to Freshwater
Organisms, Second Edition. Office of Research and Development,
Cincinnati, OH, EPA-600/4-89/001;
Peltier, W., and Weber, C.I., 1985. Methods for Measuring the
Acute Toxicity of Effluents to Freshwater and Marine Organisms,
Third Edition. Office of Research and Development, Cincinnati, OH.
EPA/600/4-85/013;
Weber, C.I. et al., 1988. Short Term Methods for Estimating the
Chronic Toxicity of Effluents and Receiving Waters to Marine and
Estuarine Organisms, Office of Research and Development, Cincinnati,
OH. EPA-600/4-87/028.
B. State Permit Conditions
1. The Permittee shall comply with the following conditions
which are included as State Certification requirements:
a. The pH for class B waters shall be 6.5-8.0 S.U. or as
naturally occurs in the receiving water. The 6.5-8.0 S.U. range must
be achieved in the final effluent unless the permittee can
demonstrate to the Division that: (1) The range should be widened
due to naturally occurring conditions in the receiving water or (2)
the naturally occurring source water pH is unaltered by the
permittees operations. The scope of any demonstration project must
receive prior approval from the Division. In no case shall the above
procedure result in pH limits less restrictive than any applicable
federal effluent limitation guidelines.
2. This NPDES Discharge Permit is issued by the U.S.
Environmental Protection Agency under Federal and State law. Upon
final issuance by the EPA, the New Hampshire Department of
Environmental Services, Water Supply and Pollution Control Division
may adopt this Permit, including all terms and conditions, as a
state permit pursuant to RSA 485-A:13. Each Agency shall have the
independent right to enforce the terms and conditions of this
Permit. Any modification, suspension or revocation of this Permit
shall be effective only with respect to the Agency taking such
action, and shall not affect the validity or status of the Permit as
issued by the other Agency, unless and until each Agency has
concurred in writing with such modification, suspension or
revocation. In the event any portion of this Permit is declared
invalid, illegal or otherwise in violation of State law, such permit
shall remain in full force and effect under Federal law as an NPDES
Permit issued by the U.S. Environmental Protection Agency. In the
event this Permit is declared invalid, illegal or otherwise issued
in violation of Federal law, this Permit, if adopted as a state
permit, shall remain in full force and effect under State law as a
Permit issued by the State of New Hampshire.
C. Common Elements for All Permits: Monitoring and Reporting
Requirements
Maine and Massachusetts: 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 day of January and July. The
first report may include less than 6 months information.
New Hampshire: Monitoring results obtained during the previous
month shall be summarized for each month 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 day of the month following the reporting
period.
Signed copies of these, and all other reports required herein,
shall be submitted to the Director and the appropriate State at the
following addresses:
1. EPA Shall Receive a Copy of All Reports Required Herein
U.S. Environmental Protection Agency, NPDES Program Operations
Section, Post Office Box 8127, Boston, MA 02114
2. Massachusetts Department of Environmental Protection
a. The Regional offices wherein the discharge occurs, shall
receive a copy of all reports required herein:
Massachusetts Department of Environmental Protection, Division of
Water Pollution Control, Western Regional Office, Post Office Box
2410, Springfield, MA 01101
Massachusetts Department of Environmental Protection, Division of
Water Pollution Control, Southeastern Regional Office, 20 Riverside
Drive, Lakeville, MA 02347
Massachusetts Department of Environmental Protection, Division of
Water Pollution Control, Northeastern Regional Office, 10 Commerce
Way, Woburn, MA 01801
Massachusetts Department of Environmental Protection, Division of
Water Pollution Control, Central Regional Office, 75 Grove Street,
Worcester, MA 01605
b. All notifications and reports required by this permit shall
also be submitted to the State at:
Massachusetts Department of Environmental Protection, Office of
Watershed Management, P.O. Box 116, North Grafton, MA 01536
3. Maine Department of Environmental Protection
Signed copies of all reports required by this permit shall be
sent to the State at:
Maine Department of Environmental Protection, Operation and
Maintenance Division, State House, Station 17, Augusta, ME 04333
4. 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, Permits and
Compliance Section, P.O. Box 95, 6 Hazen Drive, Concord, New
Hampshire 03302-0095
D. Additional General Permit Conditions
1. Notification Requirements
a. Written notification of commencement of operations, including
the legal name and address of the owner 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 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
permit area who fail to notify the Director of their intent to be
covered by this general permit and obtain written authorization of
coverage are not authorized under this general permit to discharge
from those facilities into the named receiving waters.
2. Termination of Operations
Operators of facilities and/or operations 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 non-contact cooling water discharge identified
by the notice, and an indication of whether the non-contact cooling
water discharge has been eliminated or 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 his 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 or substantially similar types of
operations;
(b) Discharges the same types 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 May Be Requested
a. Any operator may request to be excluded from the coverage of
this general permit by applying for an individual permit.
b. 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 Sec. 122.41(a)(2) for additional enforcement
criteria.
c. Any person may be assessed an administrative penalty by the
Administrator for violating 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 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 Sec. 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 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 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 of under
State law and having jurisdiction over disposal or sewage,
industrial wastes, or other wastes, or an Indian tribe or an
authorized Indian tribe organization, or a designated and approved
management agency under section 208 of CWA.
National Pollutant Discharge Elimination System means the
national program for issuing, modifying, revoking and reissuing,
terminating, monitoring and enforcing permits, and imposing and
enforcing pretreatment requirements, under sections 307, 402, 318,
and 405 of CWA. The term includes an ``approved program.''
New discharger means any building, structure, facility, or
installation:
(a) From which there is or may be a ``discharge of pollutants'';
(b) That did not commence the ``discharge of pollutants'' at a
particular ``site'' prior to August 13, 1979;
(c) Which is not a ``new source''; and
(d) Which has never received a finally effective NPDES permit
for discharges at that ``site''.
This definition includes an ``indirect discharger'' which
commences discharging into ``waters of the United States'' after
August 13, 1979. It also includes any existing mobile point source
(other than an offshore or coastal oil and gas exploratory drilling
rig or a coastal oil and gas developmental drilling rig) such as a
seafood processing rig, seafood processing vessel, or aggregate
plant, that begins discharging at a ``site'' for which it does not
have a permit; and any offshore or coastal mobile oil and gas
exploratory drilling rig or coastal mobile oil and gas developmental
drilling rig that commences the discharge of pollutants after August
13, 1979, at a ``site'' under EPA's permitting jurisdiction for
which it is not covered by an individual or general permit and which
is located in an area determined by the Regional Administrator in
the issuance of a final permit to be an area of biological concern.
In determining whether an area is an area of biological concern, the
Regional Administrator shall consider the factors specified in 40
CFR 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 50 States, the District of Columbia,
Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, the Trust Territory of the Pacific Islands.
Secondary Industry Category means any industry category which is
not a ``primary industry category.''
Toxic pollutant means any pollutant listed as toxic in Appendix
D of 40 CFR Part 122, under Section 307(a)(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 M\3\/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. 94-9938 Filed 4-26-94; 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.