95-28213. National Pollutant Discharge Elimination System Permit Application Requirements for Publicly Owned Treatment Works and Other Treatment Works Treating Domestic Sewage  

  • [Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
    [Proposed Rules]
    [Pages 62546-62659]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-28213]
    
    
    
    
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    Part II
    
    
    
    
    
    Environmental Protection Agency
    
    
    
    
    
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    40 CFR Part 122, et al.
    
    
    
    National Pollutant Discharge Elimination System Permit Application 
    Requirements for Publicly Owned Treatment Works and Other Treatment 
    Works Treating Domestic Sewage; Proposed Rule
    
    Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / 
    Proposed Rules 
    
    [[Page 62546]]
    
    
    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Parts 122, 123, 403, and 501
    
    [FRL-5328-9]
    
    
    National Pollutant Discharge Elimination System Permit 
    Application Requirements for Publicly Owned Treatment Works and Other 
    Treatment Works Treating Domestic Sewage
    
    AGENCY: Environmental Protection Agency.
    
    ACTION: Proposed rule.
    
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    SUMMARY: The Environmental Protection Agency (EPA) today proposes to 
    amend permit application requirements and application forms for 
    publicly owned treatment works (POTWs) and other treatment works 
    treating domestic sewage (TWTDS). TWTDS include facilities that 
    generate sewage sludge, provide commercial treatment of sewage sludge, 
    manufacture a product derived from sewage sludge, or provide disposal 
    of sewage sludge. Today's notice solicits public comments on the 
    proposed regulations, proposed forms and instructions.
        The proposed regulations and Form 2A would replace existing 
    Standard Form A and Short Form A to account for changes in the NPDES 
    program since the forms were issued in 1973. This proposal would 
    consolidate POTW application requirements, including information 
    regarding toxics monitoring, whole effluent toxicity (WET) testing, 
    pretreatment facility and hazardous waste contributions, and combined 
    sewer overflows (CSOs). The most significant proposed revisions would 
    require toxic and WET monitoring by major and pretreatment POTWs and 
    monitoring of 17 parameters by minor POTWs. EPA believes this 
    information is needed in order for permitting authorities to issue 
    permits that will adequately protect the Nation's water resources.
        The proposed regulations and Form 2S would replace the existing 
    Interim Sewage Sludge form. The most significant proposed revision 
    would require POTWs and other TWTDS to analyze sludge and provide data 
    for ten metals, nitrogen, and phosphorus. Class I sludge management 
    facilities (pretreatment POTWs) would also have to analyze for most of 
    the priority pollutants. The Interim Form only requires the use of 
    existing data. EPA believes the additional information is needed in 
    order for permitting authorities to issue permits that meet the 
    requirements of the sewage sludge use or disposal regulations.
        The costs associated with the new requirements are not significant 
    since many permitting authorities require essentially the same 
    information already through a variety of reporting mechanisms. The 
    proposed rule allows waivers where information is already available to 
    the permitting authority. The new forms would make it easier for permit 
    applicants to provide the necessary information with their applications 
    and would minimize the need for additional follow-up information 
    requests from permitting authorities. The proposal is estimated to 
    reduce the current annual reporting and record keeping burden by about 
    9,000 hours, or ten percent. EPA is interested in identifying 
    additional ways to further reduce the burden associated with the 
    applications and is seeking comment on the use of electronic data 
    transmission and other streamlining opportunities.
    
    DATES: In order to be considered, comments must be received on or 
    before March 5, 1996.
    
    ADDRESSES: Comments should be addressed to Municipal and Sludge 
    Application Rule Comment Clerk, Water Docket MC-4101; United States 
    Environmental Protection Agency, 401 M Street SW., Washington, DC, 
    20460. Commenters are also requested to submit an original and 3 copies 
    of their written comments as well as an original and 3 copies of any 
    attachments, enclosures, or other documents referenced in the comments. 
    Commenters who want receipt of their comments acknowledged should 
    include a self-addressed, stamped envelope. All comments must be 
    postmarked or delivered by hand by March 5, 1996. No facsimiles (faxes) 
    will be accepted.
        EPA will also accept comments electronically. Comments should be 
    addressed to the following Internet address: ow-docket@epamail.epa.gov. 
    Electronic comments must be submitted as an ASCII file avoiding the use 
    of special characters and any form of encryption. Electronic comments 
    will be transferred into a paper version for the official record. EPA 
    will attempt to clarify electronic comments if there is an apparent 
    error in transmission. Comments provided electronically will be 
    considered timely if they are submitted electronically by 11:59 p.m. 
    (Eastern time) March 5, 1996. EPA is experimenting with electronic 
    commenting, therefore commenters may want to submit both electronic 
    comments and duplicate paper comments. This document has also been 
    placed on the Internet for public review and downloading at the 
    following location: gopher.epa.gov.
    
    FOR FURTHER INFORMATION CONTACT: For information on Form 2A and 
    municipal wastewater permitting issues in this notice, contact George 
    Utting, (202) 260-9530, Permits Division (4203), United States 
    Environmental Protection Agency, 401 M Street S.W., Washington, D.C., 
    20460.
        For information on Form 2S and sewage sludge permitting issues in 
    this notice, contact Wendy Bell, (202) 260-9534, Permits Division 
    (4203), United States Environmental Protection Agency, 401 M Street 
    S.W., Washington, D.C., 20460.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
        A. Purpose of Today's Proposal
        B. History of the NPDES Permit Program
        1. National Pollutant Discharge Elimination System
        a. Federal Water Pollution Control Act Amendments of 1972
        b. Changes Leading to the Clean Water Act of 1977
        c. Permit Consolidation and Deconsolidation
        d. The Water Quality Act of 1987 and Water Quality-Based 
    Permitting
        2. Background of the Pretreatment Program
        3. Program to Control Combined Sewer Overflows
        C. Sewage Sludge Program Background
        1. Statutory Requirements for Sewage Sludge
        2. Sewage Sludge Permit Program Regulations
        3. Part 503 Technical Standards
        4. Implementation of Part 503 Technical Standards
        5. Interim Sewage Sludge Application Form
        D. NPDES Watershed Strategy
        E. Permit Writer's Information Needs Related to Endangered 
    Species and Historic Properties
        F. Permit as a Shield
        G. Pollutant Data from POTWs
        H. Public Consultation in the Development of Today's Proposal
    II. Approach Taken in Today's Notice
        A. Scope of Today's Rulemaking
        B. The Agency Proposes to Revise the Definition of POTW and 
    Existing Permit Application Requirements for POTWs
        C. EPA Proposes Form 2A for POTWs to Replace Standard Form A and 
    Short Form A
        D. Applicability of Form 2A to Privately Owned and Federally 
    Owned Treatment Works
        E. EPA Proposes Revised Application Requirements and Form 2S for 
    Sewage Sludge Permits
        F. Reasons for Separate Form 2A and Form 2S
        G. EPA Solicits Comment on the Use of Electronic Application 
    Forms
    III. Description of Proposed Requirements
        A. EPA Proposes to Revise Requirements in Sec. 122.21(c), (d), 
    and (f) Concerning the Use of Forms 1, 2A, and 2S 
    
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        1. Requirement to Submit Form 2A
        2. Requirement to Submit Form 2S
        B. Application Requirements for POTWs (40 CFR 122.21(j))
        1. Basic Application Information
        2. Information on Effluent Discharges
        3. Effluent Monitoring for Specific Parameters
        a. Pollutant Data Requirements for all POTWs
        b. Reporting of Additional Pollutants for Some POTWs
        4. Effluent Monitoring for Whole Effluent Toxicity
        5. Industrial Discharges, Pretreatment, and RCRA/CERCLA Waste
        6. Discharges from Hazardous Waste Sources
        7. Combined Sewer Overflows
        8. Contractors
        9. Certification
        C. Application Requirements for TWTDS (40 CFR 122.21(q))
        1. Facility Information
        2. Applicant Information
        3. Permit Information
        4. Federal Indian Reservations
        5. Topographic Map
        6. Sewage Sludge Handling
        7. Sewage Sludge Quality
        a. Class I Sludge Management Facilities
        b. All TWTDS
        8. Requirements for a Person Who Prepares Sewage Sludge
        9. Land Application of Bulk Sewage Sludge
        10. Surface Disposal
        11. Incineration
        12. Disposal in a Municipal Solid Waste Landfill
        13. Contractors
        14. Other Information
        15. Signature
    IV. Paperwork Reduction Act
    V. Executive Order 12866
    VI. Executive Order 12875
    VII. Unfunded Mandates Reform Act of 1995 and Consultation with 
    State, Local, and Tribal Governments
    VIII. Regulatory Flexibility Act
    
    I. Background
    
    A. Purpose of Today's Proposal
    
        Today's notice proposes to amend NPDES permit application 
    regulations for publicly owned treatment works (POTWs) and other 
    treatment works treating domestic sewage (TWTDS). Proposed Form 2A 
    would apply to POTWs and replace Standard Form A and Short Form A, 
    which were developed in 1973. Proposed Form 2S would be used to report 
    sewage sludge information consistent with applicable permit program 
    regulations and technical standards for sewage sludge use or disposal. 
    Proposed Form 2S would be used by POTWs and other TWTDS.
        EPA proposes these application regulations and forms for several 
    reasons. First, this rulemaking addresses changes to the NPDES program 
    since 1973. The NPDES program applicable to POTWs has changed 
    significantly since that time, specifically in the areas of toxics 
    control, water quality-based permitting and pretreatment programs. 
    Second, the proposal would consolidate application requirements from 
    existing regulations into a ``modular'' permit application form, 
    thereby streamlining and clarifying the process for permit applicants. 
    Third, these revisions will provide permit writers with the information 
    necessary to develop appropriate NPDES permits consistent with 
    requirements of the Clean Water Act and thus also help to ensure for 
    permittees the effectiveness of the permit as a shield for purposes of 
    compliance with the CWA. Fourth, the Agency seeks to reduce redundant 
    reporting by allowing waivers where information is already available to 
    the permitting authority and, further, to provide a platform for 
    electronic data transmission.
        The proposed revisions would result in a net reduction in overall 
    reporting burden hours nationwide. The burden reduction for the 
    combined municipal and sludge proposed application requirements is 
    calculated to be nearly 9,000 hours annually, from a total existing 
    annual burden of 80,000 hours. This is due in part to the reduced 
    number of WET tests calculated to be performed by POTWs. It is also due 
    to the reduced number of major respondents that would be required to 
    comply with the proposed regulations as compared to the number of major 
    respondents estimated to complete the existing municipal application 
    forms (i.e., different criteria apply). Finally, the respondent burden 
    for CWA sec. 308 application requests also would be expected to 
    decrease, because much of the information currently obtained through 
    routine and medium sec. 308 requests is reflected in the proposed rule.
        This burden reduction accounts for nearly 9,000 of the 287,000 
    hours projected to be saved, for an overall reduction of twenty-five 
    percent for the NPDES program. The total savings will be achieved 
    through revisions to this form, revisions to stormwater application 
    forms, revisions to the industrial application form 2C, and reductions 
    in discharge monitoring reports (DMRs). It is anticipated, however, 
    that most of the NPDES burden reduction will involve reduced burden for 
    DMRs, which currently account for greater than eighteen million annual 
    burden hours.
        At the same time, this proposed rule would result in increased net 
    costs to municipal and sludge applicants of more than four million 
    dollars per year on a nationwide basis. It is calculated that this 
    proposal would apply to more than 7,000 permit applications per year, 
    with a total universe per year of more than three thousand applicants 
    each for municipal and sludge permitting. Costs vary considerably from 
    application to application. Thus, the average five-year cost per 
    application would range from an average of about $450 (less than $100 
    per year) for small municipalities to an average of about $4,000 (less 
    than $1,000 per year) for larger municipalities. Most of the costs 
    associated with this proposal would be due to proposed pollutant data 
    requirements for municipal permittees.
        The Agency believes that the proposed increased costs are 
    appropriate because certain data may be necessary to the permit writer 
    in order to allow the issuance of permits that provide a ``shield'' to 
    permittees (see discussion, ``Permit as a Shield,'' at I.F.), and to 
    ensure compliance with Clean Water Act requirements, especially water 
    quality standards.
    
    B. History of the NPDES Permit Program
    
    1. National Pollutant Discharge Elimination System
    a. Federal Water Pollution Control Act Amendments of 1972
        The Clean Water Act (CWA) was enacted in 1972 (Federal Water 
    Pollution Control Act Amendments of 1972) to restore and maintain the 
    chemical, physical, and biological integrity of the Nation's waters. 
    CWA sec. 101(a), 33 U.S.C. 1251(a). The immediate predecessor to the 
    CWA was the Water Quality Act of 1965 (Pub. L. 89-234). The 1965 Act 
    directed each State to develop water quality standards for all 
    interstate navigable waters. States had difficulty developing these 
    standards, however, and by 1971 barely half the States had developed 
    complete programs. States that did develop standards had difficulty 
    implementing them because the 1965 Act lacked a workable mechanism for 
    translating State water quality standards into limits enforceable 
    against individual dischargers.
        In response to this dilemma, Congress passed the CWA. Section 402 
    directed EPA to assume a substantial role in directing and defining the 
    nation's water pollution control programs. The Act established the 
    National Pollutant Discharge Elimination System (NPDES) permit program 
    to be administered by EPA and the States with EPA approval. The NPDES 
    program prohibits the discharge of any pollutant into waters of the 
    United States except when 
    
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    authorized by a permit (sec. 301(a) and 402).
        Section 301 significantly changed the methods used to set and 
    enforce standards to abate and control water pollution. First, it 
    introduced the concept of minimum technology-based discharge 
    requirements. Initially, sec. 301(b)(1)(B) required POTWs to achieve 
    effluent limitations based on secondary treatment. The ``degree of 
    effluent reduction achievable through application of secondary 
    treatment'' was to be defined by the Administrator, pursuant to sec. 
    304(d)(1). Later, POTWs were to achieve a more stringent level of 
    technology-based discharge limits based on best practicable waste 
    treatment technology (BPWTT) under sec. 301(b)(2)(B). That section was 
    repealed in 1981. Finally, POTWs were required to comply with any more 
    stringent limitations necessary to implement any applicable State water 
    quality standards. Water quality-based discharge limitations were 
    imposed by sec. 301(b)(1)(C).
        To achieve the effluent reductions called for in sec. 301, sec. 402 
    provides for the NPDES permit program to implement and enforce these 
    controls. NPDES permits may be issued on the condition that authorized 
    discharges meet the applicable requirements of the CWA, including: 
    technology-based limitations; water quality-based limitations; new 
    source performance standards; toxic and pretreatment effluent 
    standards; inspection and monitoring provisions; and ocean discharge 
    criteria. EPA was authorized to issue regulations to implement these 
    provisions throughout the CWA. NPDES permit requirements are based 
    either on regulations promulgated under these sections or, in the 
    absence of regulations, on the permit writer's best professional 
    judgment (BPJ), when necessary to carry out the provisions of the CWA. 
    CWA sec. 402(a)(1), 33 U.S.C. 1342(a)(1). The CWA also authorized 
    States to assume responsibility for issuing NPDES permits, provided 
    that State programs meet the requirements of sec. 402(b) and 
    regulations published under sec. 304(i)(2) (previously, sec. 
    304(h)(2)). EPA promulgated the original regulations outlining the 
    NPDES program on December 22, 1972 (37 FR 28390) and May 22, 1973 (38 
    FR 13528).
        The CWA required the Administrator to promulgate guidelines for 
    ``establishing uniform application forms and other minimum requirements 
    for the acquisition of information'' from point sources, within 60 days 
    after its enactment. CWA sec. 304(i)(1) (previously, sec. 304(h)(1)). 
    EPA promulgated short forms to enable dischargers to meet deadlines 
    imposed by the CWA, on February 27, 1973 (38 FR 5279). These included 
    Short Form A, which was to be completed by all POTWs. EPA promulgated 
    standard forms to gather additional information from certain 
    dischargers, on July 24, 1973 (38 FR 19894). This rule included 
    Standard Form A, for POTWs meeting certain criteria relating to size, 
    population, and industrial contributions. At the time, there were no 
    effluent standards for POTWs. Secondary treatment regulations, setting 
    limits for biochemical oxygen demand, suspended solids, fecal coliform, 
    and pH, were not promulgated until August 17, 1973 (38 FR 22298).
    b. Changes leading to the Clean Water Act of 1977
        The first major change in the NPDES program's focus was the shift 
    from conventional to toxic pollutants. Though sec. 307(a) required EPA 
    to identify and establish effluent standards for toxic pollutants, the 
    thrust of the ``first round'' of NPDES permits was to control 
    conventional pollutants, rather than to identify and establish 
    standards for toxic pollutants. As the NPDES program was implemented, 
    several interested parties criticized the Agency's lack of progress in 
    establishing sec. 307(a) standards. Among the terms in settlement of 
    litigation in 1976, EPA was to establish technology-based standards as 
    necessary to address 65 compounds or classes of compounds for certain 
    industries. See NRDC v. EPA, 8 E.R.C. 2120 (D.D.C. 1976). This list of 
    65 compounds is now contained in 40 CFR 401.15.
        In 1977, amendments to the Clean Water Act refocused Agency 
    priorities on the control of toxic pollutants. As a result, the NPDES 
    program expanded beyond control of conventional pollutants to control 
    of nonconventional pollutants, such as ammonia, chlorine, and nitrogen, 
    as well as certain metals and organic chemicals. The list of the 65 
    compounds was incorporated into sec. 307 when the CWA was amended in 
    1977 (see Committee Print Number 95-32, Hearings before the 
    Subcommittee on Investigations and Review of the Committee on Public 
    Works and Transportation, U.S. House of Representatives, pages 399-405) 
    and subsequently was published on January 31, 1978 (43 FR 4109). The 
    compounds on the list were chosen according to various criteria, 
    including known occurrence in point source effluents and substantial 
    evidence of carcinogenicity in studies of humans or animal systems. 
    Because the list included broad categories or classes of chemicals 
    (e.g., chlorinated benzenes, DDT and metabolites, haloethers, etc.), 
    EPA restructured the list in order to evaluate and control the specific 
    pollutants of greatest concern. This produced a list of 129 individual 
    high priority toxic pollutants. As information became available 
    regarding the toxic effects of chemicals on the list, the Agency 
    amended the regulations to establish the current list of 126 ``priority 
    pollutants.'' See 40 CFR Part 423, Appendix A. The 1977 amendments also 
    amended sec. 402(b)(8)&(9) to require that approved State NPDES 
    programs provide for administration of the pretreatment program to 
    regulate industrial users of POTWs.
        In 1979, EPA extensively revised the NPDES regulations to implement 
    changes in the CWA, to conform to recent court decisions, and to 
    clarify and improve existing procedures. The 1979 regulatory revisions 
    eliminated duplication of substantive and procedural requirements 
    between the existing State and Federal NPDES program regulations. Under 
    the final regulations, promulgated on June 7, 1979 (44 FR 32854), the 
    basic substantive and procedural requirements applicable to all NPDES 
    permits were set out in Parts 122 and 124. Part 123 established State 
    NPDES permit program requirements. EPA believed that this new 
    regulatory structure would simplify the regulations and avoid 
    inconsistencies between State and Federal programs. These regulations 
    were challenged judicially and, as discussed below, petitions for 
    review were merged with and resolved in litigation challenging the 
    consolidated permit regulations and subsequent rulemakings.
    c. Permit Consolidation and Deconsolidation
        To simplify permitting programs, EPA published regulations on May 
    19, 1980 (45 FR 33290), to consolidate the requirements and procedures 
    for five of the permit programs administered by the Agency: the NPDES 
    program, the Underground Injection Control (UIC) program under the Safe 
    Drinking Water Act (SDWA), State ``dredge or fill'' programs under sec. 
    404 of the CWA, the Hazardous Waste Management (HWM) program under the 
    Resource Conservation and Recovery Act (RCRA), and the Prevention of 
    Significant Deterioration (PSD) program under the Clean Air Act. The 
    Agency believed it would be efficient to consolidate environmental 
    permitting programs wherever feasible. This effort sought to 
    
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    eliminate gaps and overlaps and ensure consistency among the programs.
        At the same time, EPA revised certain of the permit application 
    regulations. The Agency created three new application forms: Form 1, 
    Form 2B, and Form 2C. Form 1 requires general information about permit 
    applicants and was required to be completed by applicants for each of 
    the five types of permits under the consolidated permit rule. Form 2B 
    is specific to part of the NPDES program, specifically, permit 
    applications for concentrated animal feeding operations and aquatic 
    animal production dischargers. Form 2C, also specific to the NPDES 
    program, applies to manufacturing, commercial, mining, and 
    silvicultural operations. All three forms incorporated EPA's emphasis 
    on toxic pollutants and other modifications to the CWA and NPDES 
    program regulations.
        Following promulgation of the consolidated permit regulations, 
    interested parties complained that the consolidated format made the 
    regulations unnecessarily difficult to use. The division of 
    responsibilities among various entities at the State and Federal levels 
    resulted in additional problems. In practice, consolidated processing 
    of multiple permits was rare because the various permit programs 
    regulated different activities with different standards and thus 
    imposed different types of requirements on permittees. Subsequent 
    petitions for judicial review of various aspects of the consolidated 
    permit regulations were consolidated with pending petitions for review 
    of the June 7, 1979, final NPDES regulations in the United States Court 
    of Appeals for the District of Columbia Circuit.
        As part of an agreement to resolve that litigation, and in response 
    to problems encountered by permit writers, EPA deconsolidated the five 
    permitting programs on April 1, 1983 (48 FR 14146). The NPDES 
    regulations remain in Part 122 (substantive permit requirements) and 
    Part 123 (State program requirements). Part 124 (common permitting 
    procedures) remains applicable to all of the programs. On September 1, 
    1983 (48 FR 39611), EPA promulgated additional revisions covering a 
    number of issues affecting the consolidated permit program.
        After deconsolidation, the NPDES program continued to use Forms 1, 
    2B, and 2C. In 1984, EPA amended Form 2C to include toxic pollutant 
    sampling and, in 1986, promulgated two new NPDES forms: Form 2D, for 
    use by new manufacturing, commercial, mining and silvicultural 
    operations; and Form 2E, for use by facilities that do not discharge 
    process wastewater (51 FR 26982, July 28, 1986). The Agency did not, 
    however, revise either Standard Form A or Short Form A. Thus, these two 
    forms do not request information to reflect all of the CWA's current 
    requirements, including the emphasis on the control of toxic 
    pollutants.
    d. The Water Quality Act of 1987 and Water Quality-Based Permitting
        On February 4, 1987, the CWA was amended again by the Water Quality 
    Act (WQA) of 1987 (Pub. L. 100-4). The WQA included several provisions 
    that affect POTWs and other TWTDS. Statutory amendments included 
    requirements addressing sewage sludge, storm water, and water quality-
    impaired streams. In response to the 1987 amendments, EPA published 
    technical revisions to amend the NPDES regulations on January 4, 1989 
    (54 FR 246). EPA promulgated final regulations for State sludge 
    management programs on May 2, 1989 (54 FR 18716). As part of the WQA 
    implementation effort, the Agency published rules implementing CWA sec. 
    304(l) and other changes to surface water toxics regulations on June 2, 
    1989 (54 FR 23868). This 1989 rulemaking recognized the Agency's 
    commitment to protect water quality through water quality-based 
    permitting.
        The 1987 amendments provided that States were to adopt numeric 
    water quality criteria for the ``priority pollutants'' listed pursuant 
    to sec. 307(a)(1), if discharge of those pollutants could reasonably be 
    expected to interfere with a designated use under State water quality 
    standards. States were to adopt these criteria whenever they reviewed, 
    revised, or added new water quality standards. Subsequent review of all 
    States indicated that 43 States had adopted the criteria as required. 
    Fourteen States, however, were not fully in compliance with the 1987 
    amendments as of December 22, 1992. On that date, EPA promulgated 
    chemical-specific numeric criteria for those States, as necessary, to 
    comply with the CWA (57 FR 60848).
        On July 22, 1994, EPA published its whole effluent toxicity (WET) 
    policy (59 FR 37494). The policy is intended (i) to promote uniform, 
    nationwide compliance with statutory and regulatory requirements for 
    the control of WET, and (ii) to assist permit writers in implementing 
    these requirements. The policy reflects EPA's experience in 
    implementing the 1989 water quality-based permitting regulations at 40 
    CFR 122.44(d). The WET policy provides for: evaluation of acute and 
    chronic WET water quality criteria attainment at the edge of the 
    respective mixing zones; review of all major dischargers for reasonable 
    potential to cause or contribute to exceedance of WET water quality 
    criteria; consideration of available WET testing data and other 
    information in evaluating whether a discharger has reasonable potential 
    to cause or contribute to exceedance of WET criteria; imposition of 
    effluent limitations to control WET upon finding reasonable potential 
    to cause or contribute to exceedance of WET criteria; imposition of WET 
    monitoring conditions where appropriate for dischargers that do not 
    have effluent limitations to control WET; schedules for compliance with 
    WET effluent limitations; application of water quality permitting 
    regulations to apply without regard to the pollutant(s) that may be 
    causing toxicity, including ammonia and chlorine; and application of 
    the water quality-based permitting regulations to all dischargers, 
    including POTWs.
    2. Background of the Pretreatment Program
        Congress recognized that regulating only those pollutant sources 
    discharging effluent directly into the nation's waters would not 
    achieve the CWA's goal to eliminate pollutant discharges. Consequently, 
    the CWA required EPA to promulgate nationally applicable pretreatment 
    standards that restrict the introduction of pollutants from industrial 
    users of POTWs, also called indirect dischargers.
        EPA first issued pretreatment standards on November 8, 1973 (38 FR 
    30982). Following the 1977 CWA amendments, EPA revised those 
    regulations and issued the ``General Pretreatment Regulations for 
    Existing and New Sources of Pollution,'' on June 26, 1978 (43 FR 
    27736). The regulations were revised again on January 28, 1981 (46 FR 
    9439). As amended, the pretreatment regulations at 40 CFR Part 403 
    require that ``any POTW (or combination of POTWs operated by the same 
    authority) with design influent flow rates greater than five million 
    gallons per day (mgd) and receiving from industrial users pollutants 
    that pass through or interfere with the operation of the POTW'' 
    establish pretreatment programs as part of its NPDES permit. In 
    addition, POTWs with design influent flow rates of less than five mgd 
    may be required to develop pretreatment programs if non-domestic wastes 
    cause upsets, sludge contamination, or violations of NPDES permit 
    conditions or if their industrial users are subject to national 
    pretreatment standards. EPA estimates 
    
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    that 1,500 treatment facilities are required to administer such 
    pretreatment programs.
        The National Pretreatment Program's primary goal is protection of 
    POTWs and the environment from the effects of discharges into municipal 
    sewerage systems. This protection is achieved principally through 
    regulating industrial users that discharge toxic pollutants or 
    unusually large amounts of conventional pollutants into municipal 
    systems. The General Pretreatment Regulations control pollutant 
    discharges into POTWs in several ways. First, prohibited discharge 
    standards apply to all industrial and commercial establishments 
    connected to POTWs. 40 CFR 403.5. These standards include general 
    prohibitions against the introduction of pollutants into POTW that may 
    pass through the POTW or interfere with the operations of the POTW, as 
    well as specific prohibitions relating to the introduction of 
    pollutants which have the potential to create hazards for the POTW, 
    such as heat, explosivity, and corrosivity. Second, categorical 
    pretreatment standards apply to discharges by industrial users in 
    specific industrial categories determined to be significant sources of 
    toxic pollutants. Categorical standards are designed to ensure that 
    wastewaters from direct and indirect industrial dischargers are subject 
    to similar levels of treatment.
        Finally, 40 CFR 403.5(c) requires POTWs to develop and enforce 
    local limits designed to ensure that industrial users meet both the 
    general and specific prohibitions. Thus, local limits are intended to 
    ensure that POTWs are able to comply with NPDES limits, including 
    water-quality based standards. Local limits are Federally enforceable 
    pretreatment standards, as defined by sec. 307(d). In cases where local 
    limits are more stringent than categorical standards, the more 
    stringent limit applies and is enforceable as a Federal standard.
        On July 24, 1990, EPA promulgated amendments to the NPDES and 
    General Pretreatment Regulations to reflect the findings of the 
    ``Report to Congress on the Discharge of Hazardous Wastes to Publicly 
    Owned Treatment Works,'' also known as the Domestic Sewage Study (DSS) 
    (55 FR 18716). The rule contained a number of regulatory changes 
    intended to improve control of hazardous wastes discharged to POTWs, 
    including revisions to the application requirements for POTWs at 40 CFR 
    122.21(j). Paragraphs 122.21(j) (1)-(3) contain whole effluent toxicity 
    (WET) testing requirements, and paragraph 122.21(j)(4) requires POTWs 
    with approved pretreatment programs to submit a written technical 
    evaluation of the need to revise local limits. Today, EPA proposes to 
    revise the WET reporting requirements at Sec. 122.21(j) and to revise 
    the provision for the local limits technical evaluation by making this 
    a POTW pretreatment program requirement rather than an application 
    requirement based on concerns about the timing of such evaluations 
    relative to imposition of water quality-based effluent limitations in 
    POTW permits.
    3. Program To Control Combined Sewer Overflows
        Combined sewer systems (CSSs) are wastewater collection systems 
    that transport both sanitary wastewater and storm water to POTWs. 
    During dry weather, CSSs carry sanitary wastes, as well as industrial 
    and commercial discharges, to POTW treatment plants. In periods of 
    heavy wet weather flows, transported sewer waters can overflow the 
    regulator structures, which normally convey waste streams to the 
    treatment plant, and discharge into adjacent surface waters. These 
    discharges are called ``combined sewer overflows'' (CSOs). CSOs often 
    contain high levels of suspended solids, bacteria, pathogens, and, in 
    many instances, heavy metals and other toxic pollutants, floatables, 
    nutrients, oxygen-demanding materials, oil and grease, and other 
    contaminants.
        CSOs are point source discharges subject to technology-based 
    treatment requirements and applicable water quality-based standards 
    through NPDES permits. Because they occur prior to the headworks of the 
    POTW treatment plant, these discharges are not considered discharges 
    from a POTW and, consequently, are not subject to secondary treatment 
    requirements.
        In the United States, approximately 1,100 (mostly older) 
    municipalities have CSSs, with approximately 11,000 CSO outfalls that 
    periodically discharge untreated sewage, commercial and industrial 
    wastes, and storm water during wet weather events. Almost 85 percent of 
    these municipalities are located in the Northeast and Great Lakes 
    areas. Studies conducted in recent years reveal that CSO discharges are 
    a leading cause of reduced water quality, increased health risks, 
    degraded ecological conditions, and impaired beneficial uses within the 
    Nation's surface waters. Although pollutant concentrations in CSOs 
    frequently are lower than those in untreated average-flow municipal 
    wastewater (due to dilution occurring during high flows), CSOs often 
    result in large pollutant loadings within a short time, potentially 
    causing beach closures, shellfish bed closures, and fish kills.
        In 1989, EPA published the National Combined Sewer Overflow Control 
    Strategy (54 FR 37370, Sept. 8, 1989). On April 19, 1994, EPA expanded 
    on the 1989 strategy by publishing the CSO Control Policy (59 FR 
    18688). The Policy was developed through negotiated dialogue with 
    State, environmental group, and municipal representatives. The Policy 
    explains EPA's expectations for control of CSOs under the CWA and 
    guides NPDES permitting authorities in issuing permits for CSO 
    discharges. The Policy outlines a phased approach to permitting 
    requirements. Under a Phase I permit, the permittee should document 
    implementation of the nine minimum control measures identified in the 
    Policy as minimum technology-based requirements established through 
    best professional judgment (BPJ) to minimize CSO discharges. The nine 
    minimum controls include review and modification of local pretreatment 
    programs to minimize CSO impacts on receiving waters; maximization of 
    flow to the POTW for treatment; control of solids and floatables; and 
    monitoring to characterize effectively CSO impacts and the efficacy of 
    CSO controls.
        The nine minimum controls are measures that can generally be 
    implemented expeditiously to reduce CSOs and their effects on receiving 
    water quality. The Phase I permit should not only require 
    implementation of the nine minimum controls, but should also require 
    development of a long-term control plan. The long-term control plan 
    describes the long-term control strategy developed to ultimately result 
    in compliance with the requirements of the CWA (including attainment of 
    water quality standards). Under a Phase II permit, the permittee 
    implements the specific controls described in the long-term control 
    plan.
    
    C. Sewage Sludge Program
    
    1. Statutory Requirements for Sewage Sludge
        In 1987, Congress amended sec. 405 to establish a comprehensive 
    sewage sludge control program. This program regulates the use and 
    disposal of sewage sludge by POTWs and by other treatment works 
    treating domestic sewage (TWTDS). Section 405 required EPA to develop 
    technical standards that would establish sewage sludge management 
    practices and acceptable levels of toxic pollutants in sludge.
        Section 405 also provides that NPDES permits issued to TWTDS 
    contain requirements implementing the sewage 
    
    [[Page 62551]]
    sludge standards, unless sewage sludge control requirements are 
    included in a permit issued under one of the following: Subtitle C of 
    the Solid Waste Disposal Act; Part C of the Safe Drinking Water Act; 
    the Marine Protection, Research, and Sanctuaries Act; the Clean Air 
    Act; or EPA-approved State programs that comply with sec. 405. EPA may 
    also issue ``sludge-only'' permits to TWTDS that are not otherwise 
    subject to the NPDES program or to the other permitting programs listed 
    above.
    2. Sewage Sludge Permit Program Regulations
        On May 2, 1989, EPA promulgated regulations establishing the legal 
    and programmatic framework for the National Sewage Sludge Program (54 
    FR 18716). Sewage sludge management provisions are to be incorporated 
    into EPA-issued permits or permits issued by a State under an EPA-
    approved sewage sludge program. Sewage sludge information reporting 
    requirements were also added to the overall NPDES permit application 
    requirements of 40 CFR 122.21. The new regulations, however, neither 
    listed the specific sewage sludge information requirements nor provided 
    a form for reporting this information. Instead, the rulemaking cross-
    referenced the existing State Sludge Management Program regulations in 
    Part 501 and required applicants to submit the information listed at 
    Sec. 501.15(a)(2). Paragraphs (i)-(v) of Sec. 501.15(a)(2) require 
    information on the location and permitting status of the TWTDS. 
    Paragraphs (vi)-(xii) require technical information on the applicant's 
    sewage sludge use or disposal practice(s).
        On February 19, 1993, EPA amended the sewage sludge permit program 
    regulations (58 FR 9404). This amendment phased in requirements for 
    submitting sewage sludge permit application information. Any TWTDS that 
    is required to have, or that requests, site-specific pollutant limits 
    was required to submit permit application information by August 18, 
    1993, for the first round of Part 503 standards. Other TWTDS with NPDES 
    permits must submit application information with their next NPDES 
    permit applications. Finally, TWTDS without NPDES permits (``sludge-
    only facilities'') were to submit identification and screening 
    information to the permitting authority by February 19, 1994, for the 
    first round of Part 503 standards.
    3. Part 503 Technical Standards
        On November 25, 1992, EPA promulgated the sewage sludge use and 
    disposal standards required by section 405 of the CWA (58 FR 9248, et 
    seq., February 19, 1993). These standards regulate the use and disposal 
    of sewage sludge when it is applied to land, placed on a surface 
    disposal site (including sludge-only landfills), fired in a sewage 
    sludge incinerator, or sent to a municipal solid waste landfill 
    (MSWLF). The standards for each regulated sewage sludge use or disposal 
    method consist of general requirements, pollutant limits, management 
    practices, operational standards, and requirements for monitoring, 
    recordkeeping, and reporting. A number of parties petitioned for review 
    of the regulations and on November 15, 1994, the United States Court of 
    Appeals for the District of Columbia Circuit remanded several aspects 
    of the regulations for modification or additional justification. 
    Leather Industries of America, Inc. v. Environmental Protection Agency, 
    40 F.3d 392 (D.C. Cir. 1994).
    4. Implementation of Part 503 Technical Standards
        Section 405(f) of the CWA requires that permits issued to 
    facilities involved in sewage sludge generation, treatment, or disposal 
    include Part 503 requirements. Both POTWs and other TWTDS are engaged 
    in sewage sludge generation, treatment, or disposal. However, some of 
    these facilities are not required to obtain NPDES discharge permits 
    pursuant to sec. 402 of the CWA because they do not discharge 
    pollutants to surface waters. These are ``sludge-only'' facilities.
        POTW permits must contain requirements implementing applicable Part 
    503 technical standards and other Part 122 permit conditions (such as 
    boilerplate conditions and compliance monitoring requirements). POTW 
    permits may also contain any other conditions the permitting authority 
    develops on a case-by-case basis to protect public health and the 
    environment. The permit also establishes a POTW's responsibilities for 
    sewage sludge it sends to other facilities for disposal.
        In addition to POTWs, other TWTDS may also be issued permits. These 
    treatment works include facilities dedicated to sewage sludge disposal 
    (i.e., surface disposal sites and sewage sludge incinerators), as well 
    as certain facilities that provide treatment or otherwise change the 
    quality of the sewage sludge before ultimate use or disposal. Sewage 
    sludge has undergone a change in quality if its pollutant 
    concentrations, pathogen levels, or vector attraction properties have 
    been altered sufficiently to change the sludge's regulatory status 
    under Part 503. Therefore, processes such as stabilization, composting, 
    digestion, heat treatment, or blending with bulking agents or with 
    sewage sludge from another treatment works may all qualify as sewage 
    sludge treatment. (For a more detailed discussion of who must apply for 
    a permit, see the preamble to the May 2, 1989, regulations at 54 FR 
    18725.)
    5. Interim Sewage Sludge Permit Application Form
        On November 8, 1993, EPA published a notice about the interim 
    sewage sludge permit application form (58 FR 59260). This interim form 
    was developed to simplify the application process until Form 2S was 
    completed. Section 122.21(d)(3)(ii) requires sewage sludge permit 
    applications to include the information at Sec. 501.15(a)(2), which 
    includes both specific and general information. This interim form 
    ensures that permittees submit the necessary information; helps 
    permittees to understand exactly which requirements apply to them; and 
    makes the application requirements consistent for all permittees.
        Proposed Form 2S is based on the interim application form. EPA 
    welcomes comments on the proposed Form 2S, especially from users of the 
    interim form.
    
    D. NPDES Watershed Strategy
    
        The Watershed Protection Approach is an Agency initiative which 
    promotes integrated solutions to address surface water, ground water, 
    and habitat concerns on a watershed basis. It represents EPA's renewed 
    emphasis on addressing all stressors within a hydrologically defined 
    drainage basin, instead of viewing individual pollutant sources in 
    isolation. It is not a new program competing with, or replacing, 
    existing programs; rather, it provides a management framework, within 
    which baseline CWA program requirements, related public health 
    concerns, and newer initiatives can be integrated to address 
    restoration and protection of aquatic ecosystems cost-effectively .
        The Watershed Protection Approach has four components. First, it 
    focuses protection and restoration activities within a geographically 
    defined resource, the watershed. Second, it emphasizes the involvement 
    of all affected stakeholders within a watershed; these may include 
    Federal authorities, State governments, local governments, the 
    regulated community, environmental groups, and other interested 
    parties. Third, it stresses the need for appropriate stakeholders to 
    
    [[Page 62552]]
    take comprehensive, integrated actions to address environmental 
    priorities. Finally, it promotes a regular effort to evaluate the 
    success of these actions in protecting and restoring the watershed.
        The broad range of NPDES functions and activities gives the NPDES 
    program a key role in implementing the Watershed Protection Approach. 
    On March 21, 1994, the EPA Assistant Administrator for Water issued the 
    NPDES Watershed Strategy. The Strategy represents a first step toward 
    OW's goal of fully integrating the NPDES program into the broader 
    Watershed Protection Approach.
        The Strategy outlines national objectives and implementation 
    activities: (1) to integrate NPDES program functions into the broader 
    Watershed Protection Approach; and (2) to support the development of 
    Statewide basin management approaches. To this end, the Strategy 
    identifies six areas that are considered essential for the Agency to 
    support these objectives:
        Statewide Coordination--Support the development of Statewide basin 
    management frameworks, coordinate EPA Office of Water grants 
    application and reporting processes, and coordinate interstate basin 
    efforts to facilitate implementation of the Watershed Protection 
    Approach;
        NPDES Permits--Implement a methodology for issuing NPDES permits on 
    a watershed basis and emphasize training on watershed protection. 
    Streamline the NPDES permit development, issuance, and review process. 
    Develop and implement innovative approaches to NPDES permitting on a 
    watershed basis, where feasible;
        Monitoring and Assessment--Develop a Statewide monitoring strategy; 
    establish point source ambient monitoring requirements, where 
    appropriate, to facilitate the development of monitoring consortia and 
    individual monitoring efforts; and promote comparable data collection, 
    analysis, and utilization by all stakeholders;
        Programmatic Measures and Environmental Indicators--Revise existing 
    national accountability measures to facilitate implementation of the 
    Watershed Protection Approach and establish new measures of success 
    that reflect assessment of progress toward short- and long-term 
    watershed protection goals;
        Public Participation--Utilize existing NPDES public participation 
    process and development of basin-wide management plans to encourage 
    informed participation by watershed stakeholders, educate stakeholders 
    about watershed planning efforts, and seek broad public participation 
    in identifying local environmental goals; and
        Enforcement--Include emphasis on minor facilities which are 
    discharging to priority basins, within the base national enforcement 
    program, and use 308 authorities, inspections and supplemental 
    environmental projects, where appropriate, to support watershed 
    protection activities.
        The Agency views today's rulemaking as an opportunity to further 
    the objectives of the Watershed Protection Approach and the NPDES 
    Watershed Strategy. Both proposed Form 2A and proposed Form 2S request 
    information which support these objectives. These questions are 
    discussed in detail below. The Agency requests comment on what specific 
    additional changes might be made to proposed Form 2A and proposed Form 
    2S to support the Watershed Protection Approach.
    
    E. Permit Writer's Information Needs Related to Endangered Species and 
    Historic Properties
    
        EPA is considering whether the permit application regulations 
    should require permit applicants to provide available information 
    related to endangered species and historic properties. The Endangered 
    Species Act, 16 U.S.C. Sec. 1531 et seq., creates certain obligations 
    requiring the Agency to consult with other federal agencies (U.S. Fish 
    and Wildlife Service and National Marine Fisheries Services) when EPA 
    carries out, authorizes, or funds an action that may affect threatened 
    or endangered (``listed'') species. The National Historic Preservation 
    Act, 16 U.S.C. Sec. 470 et seq., creates certain obligations requiring 
    the Agency to consult with State officials (State Historic Preservation 
    Officers) and/or federal officials at the Advisory Council for Historic 
    Preservation in order for EPA to take into account the effect on 
    historic properties of an ``undertaking,'' as that term is defined by 
    the National Historic Preservation Act. EPA believes that the 
    collection of such information would be useful to regulatory officials 
    in considering permit applications for activities or undertakings that 
    may affect listed species or historic properties, respectively. Absent 
    information in the permit application, EPA may need to collect such 
    information on a case-by-case basis, which could delay the permit 
    issuance process in some instances.
        EPA invites public comment on the information that could or should 
    be provided by the permit applicant. Specifically, if EPA established 
    permit application questions about listed species or historic 
    properties, what kind of information can or should the permit applicant 
    provide? Would it be appropriate to request that the permit applicant 
    identify whether there are known or suspected listed species, including 
    species proposed for listing and designated critical habitat, or 
    historic properties in the area of the POTW discharge (or sludge use or 
    disposal site by a TWTDS) that would be affected by that POTW discharge 
    (or sludge use or disposal by a TWTDS)? How could or should EPA provide 
    applicants with flexibility to assist regulatory officials in the 
    consideration of potential impacts of activities on listed species or 
    historic properties? Though EPA does not propose what type of 
    information related to endangered species or historic properties would 
    be sought in today's proposal, any such information collection requests 
    in the final regulation may affect the costs associated with complying 
    with the permit application regulations, both in terms of financial 
    cost and burden hours. EPA invites public comment on all aspects of 
    efficient federal permitting of POTWs (and TWTDS) consistent with 
    requirements of the Endangered Species Act and the National Historic 
    Preservation Act.
    
    F. Permit as a Shield
    
        Section 402(k) of the CWA, also known as the ``shield'' provision, 
    provides that compliance with an NPDES permit shall be deemed 
    compliance, for purposes of sec. 309 and 505 enforcement, with sec. 
    301, 302, 306, 307, and 403 of the CWA (except for any standard imposed 
    under sec. 307 for toxic pollutants injurious to human health). In 
    response to questions raised regarding EPA's interpretation of the 
    scope of the ``shield'' associated with NPDES permits under the CWA, 
    the Agency issued a policy statement on July 1, 1994, to describe the 
    Agency's current position on the scope of the authorization by EPA to 
    discharge under an NPDES permit and the shield thus associated with 
    permit authorization.
        As part of an application for an individual NPDES permit, EPA 
    requires that an applicant provide certain information on its facility. 
    In the case of industrial permit application, this includes specific 
    information about the presence and quantity of a number of specific 
    pollutants in the facility's effluent, as well as general information 
    on all waste streams and operations contributing to the facility's 
    effluent and the treatment the wastewater receives. Present application 
    requirements for 
    
    [[Page 62553]]
    municipal discharges focus primarily on the operation and treatment 
    processes at the municipal treatment works, although some quantitative 
    information is also required.
        Historically, EPA has viewed the permit, together with material 
    submitted during the application process and information in the public 
    record accompanying the permit, as important bases for an authorization 
    to discharge under sec. 402 of the CWA. The availability of the sec. 
    402(k) shield is predicated upon the issuance of an NPDES permit and a 
    permittee's full compliance with all applicable application 
    requirements, any additional information requests made by the permit 
    authority and any applicable notification requirements under 40 CFR 
    Secs. 122.41(l) and 122.42, as well as any additional requirements 
    specified in the permit.
        In the July 1, 1994, policy statement, the Agency explained that a 
    permit provides authorization and therefore a shield for the following 
    pollutants resulting from facility processes, waste streams and 
    operations that have been clearly identified in writing in the permit 
    application process when discharged from specified outfalls:
        (1) Pollutants specifically limited in the permit or pollutants 
    which the permit, fact sheet, or administrative record explicitly 
    identify as controlled through indicator parameters (of course, 
    authorization is only provided to discharge such pollutants within the 
    limits and subject to the conditions set forth in the permit);
        (2) Pollutants for which the permit authority has not established 
    limits or other permit conditions, but which are specifically 
    identified in writing as present in facility discharges during the 
    permit application process; and
        (3) Pollutants not identified as present but which are constituents 
    of wastestreams, operations or processes that were clearly identified 
    during the permit application process (the permit, of course, may 
    explicitly prohibit or limit the scope of such discharges).
        With respect to subparts 2 and 3 of the permit authorization 
    described above, the Agency recognizes that a discharger may make 
    changes to its permitted facility (which contribute pollutants to the 
    effluent at a permitted outfall) during the effective period of the 
    NPDES permit. Pollutants associated with these changes (provided they 
    are within the scope of the operations identified in the permit 
    application) are also authorized provided the discharger has complied 
    in a timely manner with all applicable notification requirements (see 
    40 CFR 122.41(l) and 122.42 (a) and (b)) and the permit does not 
    otherwise limit or prohibit such discharges. Section 122.42(b) requires 
    that POTWs must provide adequate notice, including information on the 
    quality and quantity of discharges to the POTW and anticipated impacts 
    on the quantity or quality of effluent discharged by the POTW, of new 
    introductions of pollutants by indirect dischargers into the POTW and 
    any substantial change in the volume or character of pollutants being 
    introduced by sources introducing pollutants into the POTW at the time 
    of permit issuance.
        Notwithstanding any pollutants that may be authorized pursuant to 
    subparts 1 and 2 above, an NPDES permit does not authorize the 
    discharge of any pollutants associated with wastestreams, operations, 
    or processes which existed at the time of the permit application and 
    which were not clearly identified during the application process.
        In the July 1994 policy statement, the Agency committed to revise 
    the NPDES permit application regulations for both municipal and 
    industrial discharges, so as to ensure that applicants would have the 
    responsibility to characterize more fully the nature of their effluents 
    and the contributions of their effluents to receiving waters. The 
    Agency stated that, in addressing this issue, it would review EPA's 
    position on the scope of the shield provided by sec. 402(k).
        Generally, the discharger is in the best position to know the 
    nature of its discharge and potential sources of pollutants. 
    Consequently, requiring as full a disclosure as technically possible in 
    the permit application is one option EPA may want to consider in light 
    of the protection afforded the discharger by the permit shield. 
    However, in the case of POTWs, providing a permit shield only for 
    pollutant discharges fully and completely characterized in the permit 
    application could represent a significant burden on POTWs if they were 
    required to identify every pollutant discharged. This is so because of 
    the potential pollutant contribution into POTW sewer systems from 
    industrial users and residential dischargers. Narrowing the scope of 
    the shield and consequent expansion of potential liability would likely 
    raise the cost associated with the failure to anticipate, detect, and 
    provide information on these discharges.
        The Agency has concerns that, using the current application form, 
    permitting authorities using the existing municipal application forms 
    may not always receive the information about an applicant's discharge 
    needed to develop permits consistent with the requirements of the CWA. 
    In today's proposed rule, the Agency is updating its POTW discharge 
    application requirements (proposed Form 2A and proposed Sec. 122.21(j)) 
    to provide more information to permit writers and to streamline the 
    permitting process by ensuring that the information needed from most 
    applicants is consolidated onto a single application form. The Agency 
    solicits comment on whether the proposal adequately addresses these 
    concerns. Moreover, EPA is seeking the public's views on how to strike 
    the proper balance between the need for environmental protection, 
    incentives to ensure adequate disclosure, and the discharger's need for 
    certainty that its conduct meets legal requirements.
        The Agency also specifically requests comment on adding additional 
    application requirements that would make applicants responsible for 
    providing more information than that specified on the form. For 
    example, the Agency is considering adding a question asking whether the 
    POTW has any other information on pollutants not otherwise requested on 
    the form. The Agency is also considering whether to ask whether the 
    POTW has any information on adverse impacts on water quality, such as 
    information concerning beach closings, citizen complaints, or fish 
    kills. In providing comments on such questions, commenters should state 
    whether they would have a chilling effect on--that is, might tend to 
    inhibit--the activities of POTWs already participating, for example, in 
    ambient monitoring. Comment is also requested on the extent to which 
    such information is already available to permitting authorities.
    
    G. Pollutant Data from POTWs
    
        In preparing options for pollutant data collection for today's 
    proposed rule, the Agency sought to identify relevant pollutant data 
    records for reference. In so doing, the Agency reviewed POTW effluent 
    ``priority pollutant scan'' data from EPA Region VI and from North 
    Carolina. These data represented data from samples of the effluents of 
    several hundred POTWs with a design flow greater or equal to one (1.0) 
    mgd (i.e., ``major'' POTWs). Although the information requested by the 
    Region and State differed in some respects, each required major POTWs 
    to report on all ``priority pollutants'' (i.e., the pollutants listed 
    in 40 CFR Part 122, Appendix D, Tables II and III). The Agency compiled 
    this information in a database, and analyzed it to determine the 
    pollutants most frequently detected in these effluents.
        The Agency concluded that, although this survey was not conducted 
    based on 
    
    [[Page 62554]]
    statistical methodologies, it was possible to discern certain general 
    patterns in the incidence of pollutants reported. Our review of Region 
    VI and North Carolina data indicated that over 90% of 300 POTWs sampled 
    reported at least one of the chemicals listed in Appendix D, Table III. 
    Copper and zinc each appeared in two-thirds of all the POTWs surveyed; 
    lead and nickel each appeared in about thirty percent of the effluents 
    sampled; antimony, arsenic, cadmium, and silver each appeared in more 
    than fifteen percent of facilities; and mercury and cyanide each 
    appeared in slightly fewer than fifteen percent. Certain volatile 
    organics (i.e., THMs) each appeared in roughly a quarter or more of the 
    POTWs sampled; and certain base neutral compounds (i.e., pthalate 
    esters) each showed up in ten to twenty percent of POTWs. Finally, only 
    a few of the pesticides listed in Appendix D, Table II were reported in 
    a small number of these scans.
        While this information was not determinative in the Agency's 
    decisions about what to include on the forms, it was consistent with 
    other information provided, and supported some of the Agency's 
    assumptions articulated elsewhere in this preamble concerning the 
    appropriate pollutant test data to require from major POTWs. Notably 
    lacking, however, were data on discharges from ``minor'' POTWs (those 
    with a design flow of less than one (1.0) mgd). The Agency is seeking 
    information concerning the discharges from minor POTWs and intends to 
    collect such information between this proposal and the final rule that 
    will provide a basis for determining the appropriate sampling 
    requirements for those POTWs.
    
    H. Public Consultation in the Development of Today's Proposal
    
        In the course of developing today's proposed rule, EPA made efforts 
    to consult with interested stakeholders in the application process. In 
    late 1993 and early 1994, the Agency sought feedback on draft forms and 
    other elements of the proposal from States with approved NPDES 
    programs, local governments, the Association of State and Interstate 
    Water Pollution Control Administrators (ASIWPCA), the Association of 
    Metropolitan Sewerage Agencies (AMSA), the California Association of 
    Sanitation Agencies (CASA), the Water Environment Federation (WEF), and 
    several environmental groups. In response to this outreach effort, the 
    Agency received written comments from a dozen States, several 
    municipalities, and from AMSA. Agency representatives also met with 
    State and municipal representatives and conducted a conference call 
    through WEF.
        With respect to the POTW wastewater discharge application, the 
    Agency was particularly interested in issues relating to pollutant data 
    collection. The Agency indicated that it was considering a tiered 
    approach, based upon POTW size and the level of industrial contribution 
    (i.e., whether the POTW was required to implement a local pretreatment 
    program). Most commenters generally supported the idea of a tiered 
    approach (i.e., that the Agency not require the same information from 
    all POTWs). The Agency received an array of suggestions concerning what 
    pollutant data should be required. Among the concerns raised by 
    commenters were the following: ease of completion; flexible 
    implementation by States; reduced pollutant data requirements; 
    sensitivity to impacts on small municipalities; and elimination of 
    redundant reporting. In addition, the Agency received numerous 
    technical comments concerning various details of the information to be 
    reported.
        In response, the Agency has made changes to the proposed rule to 
    provide a user-friendly modular design for the forms and has revised 
    its initial approach to municipal pollutant data collection for this 
    proposal. The Agency's proposed approach to pollutant data collection 
    would limit pollutant data requests to those pollutants of greatest 
    concern and would require less pollutant data from smaller 
    municipalities. However, the Agency is still considering several 
    options concerning the amount of pollutant data to be provided, 
    including options that would require minor POTWs to provide sampling 
    data on metals, some organic compounds, and whole effluent toxicity.
        With respect to the sludge application, the Agency was interested 
    in the type and amount of pollutant data currently requested by States. 
    Responses showed variation among States. Comments were also received 
    that questioned the need for some of the information to be collected by 
    Form 2S. The Agency has removed some questions that it agrees are not 
    necessary for sludge permit applications. The Agency also requests 
    comment on several options for pollutant data collection.
        Finally, the Agency proposes to allow the use of existing data and 
    to reduce redundant reporting by allowing permitting authorities to 
    waive reporting of information to which they have direct access. This 
    proposal is discussed in more detail in those portions of the preamble 
    which focus on the relevant provisions of the proposed rule. The Agency 
    also solicits comments on alternative considerations specifically 
    addressed to pollutant data submission and industrial user information.
    
    II. Approach Taken in Today's Notice
    
    A. Scope of Today's Rulemaking
    
        Today's notice proposes two sets of NPDES application requirements 
    and a corresponding permit application form, together with 
    instructions, for each. Proposed Sec. 122.21(j) contains application 
    requirements pertaining to wastewater treatment and discharge at 
    publicly owned treatment works (POTWs), and would require that 
    applicants submitting this information to EPA use new Form 2A. Proposed 
    Sec. 122.21(q) contains application requirements pertaining to 
    generation, treatment, and disposal of sewage sludge at POTWs and other 
    treatment works treating domestic sewage, and would require that 
    applicants submitting applications to EPA use new Form 2S.
        The proposed forms would be used both by EPA and by approved NPDES 
    States that choose to adopt these forms. Approved States could also 
    elect to use forms of their own design so long as the information 
    requested includes at least the information required by the final 
    NPDES/sludge regulations. EPA and State NPDES authorities may request 
    additional information from permit applicants whenever necessary to 
    establish appropriate permit limits and conditions. CWA sec. 308.
        The proposed forms and instructions for each form are included with 
    today's proposed rule as an appendix to the rulemaking package. EPA is 
    not intending to publish the forms and instructions with the final 
    rule, so as to reduce the length of the Federal Register notice for the 
    final rulemaking, and solicits comment on this issue.
    
    B. The Agency Proposes to Revise the Definition of POTW and Existing 
    Permit Application Requirements for POTWs
    
        Today, EPA proposes to revise the definition of the term ``POTW,'' 
    as defined in 40 CFR Part 122 to conform more exactly with the 
    definition of the term at 40 CFR Part 403. ``POTW'' is defined at 40 
    CFR 403.3 as ``a treatment works . . . which is owned by a State or 
    municipality.'' This definition includes devices and systems used in 
    the storage, treatment, recycling, and reclamation of municipal sewage 
    or industrial wastes of a liquid nature, as well as sewers, pipes, and 
    other conveyances that carry wastewater to a 
    
    [[Page 62555]]
    POTW treatment plant. As defined, the term ``POTW'' also refers to the 
    municipality that has jurisdiction over the discharges to and from such 
    a treatment plant. In today's proposed rule, the Agency proposes to 
    revise the definition of POTW in Part 122 so as to be consistent with 
    the more commonly understood definition located in Part 403.
        The Agency's intention is to simplify and clarify, though EPA 
    recognizes that any change may create unanticipated confusion. The 
    Agency solicits comments on effects on conforming the Part 122 
    definition with the Part 403 definition. Specifically, the Agency is 
    interested in the extent the change would affect: implementation of the 
    Combined Sewer Overflow policy; regulatory consideration of sanitary 
    sewer overflows; and implementation and applicability of the NPDES and 
    pretreatment programs to sewerage collection systems that are not 
    owned/operated by the owner/operator of the treatment plant to which 
    collected waste waters are transported.
        The Agency proposes to revise whole effluent toxicity testing 
    requirements found in the existing POTW permit application regulations 
    at Sec. 122.21(j). Under existing Sec. 122.21(j) (1)-(3), a POTW must 
    provide the results of whole effluent biological toxicity testing as 
    part of its NPDES permit application, if the POTW has a design flow 
    equal to or greater than one million gallons per day; if it has (or is 
    required to have) an approved pretreatment program; or if it is 
    required to report by the Director (NPDES State Program Director or EPA 
    Regional Administrator). The Agency proposes to revise this requirement 
    to reflect Agency guidance and policy, as well as practical experience 
    in implementing existing requirements, as set forth at proposed 
    Sec. 122.21(j)(4).
        The Agency proposes to change the pretreatment requirement for 
    local limit calculations from an application requirement to a permit 
    requirement. Under existing Sec. 122.21(j)(4), any POTW with an 
    approved pretreatment program must provide a written technical 
    evaluation of the need to revise local limits under 40 CFR 403.5(c)(1). 
    The existing provision requires that the local limits evaluation be 
    done prior to permit issuance. This has generated feedback from States 
    and municipalities that it would be better to require the evaluation 
    after permit issuance, so as to avoid the need for a second technical 
    evaluation if the POTW's permit limits are revised in the new permit. 
    In response to these concerns, the Agency proposes to change this from 
    an application requirement to a POTW pretreatment program requirement, 
    at proposed Sec. 403.8(f)(4)(B).
    
    C. EPA Proposes Form 2A for POTWs to Replace Standard Form A and Short 
    Form A
    
        Today EPA proposes a new NPDES application form, Form 2A, for 
    POTWs. Currently, POTWs may be required to submit one of two forms, 
    depending on the size of the POTW. While both of these forms are 
    approved Federal forms, the NPDES regulations do not require use of the 
    forms by POTWs when applying for a permit. Standard Form A is intended 
    to be used by all POTWs with a design flow equal to or exceeding one 
    million gallons per day. Standard Form A contains questions about the 
    facility and collection system, discharges to and from the facility 
    (including information on some specific pollutant parameters), and 
    scheduled improvements and schedules of implementation. Short Form A is 
    intended for use by all POTWs with a design flow of less than one 
    million gallons per day. Short Form A contains only fifteen questions 
    of a summary nature, and asks for virtually no information on specific 
    pollutants. Many States use one or both of the Federal forms, but a 
    number of States have developed State forms that request information 
    not included on the Federal forms.
        EPA proposes to replace both Standard Form A and Short Form A with 
    a single Form 2A, subdivided into two parts, titled ``Basic Application 
    Information'' and ``Supplemental Application Information''. Basic 
    application information would include information about the collection 
    system and the treatment plant, general information concerning the 
    types of discharges from the treatment plant, identification of 
    outfalls, certain effluent characteristics, and scheduled improvements. 
    The Agency believes that a separate short form for all minor POTWs is 
    no longer appropriate, because in order to establish adequate permit 
    limits, information such as that mentioned above must be collected from 
    all POTWs, regardless of size.
        On the other hand, the Agency recognizes the need to be selective 
    in requiring further additional information. For this reason, the 
    Agency has divided the proposed form into two parts. To limit the 
    reporting burden for smaller POTWs without significant industrial 
    contributions, EPA proposes to require effluent monitoring data for 17 
    parameters from POTWs with design flows less than one million gallons 
    per day (mgd) and without pretreatment programs. These 17 parameters 
    consist mostly of conventional and nonconventional pollutants. Larger 
    POTWs and pretreatment POTWs, by comparison, would be required to 
    report effluent monitoring data for metals and organic compounds as 
    well as the 17 parameters required for smaller POTWs. Thus, the Basic 
    Application Information part of Form 2A would require reporting on 
    those parameters required of all POTWs, while the Supplemental 
    Application Information part of the form would be used by applicants 
    providing data on toxic pollutants (i.e., larger POTWs and pretreatment 
    POTWs). Similarly, the Supplemental Application Information part of 
    Form 2A is intended to be used by applicants required to provide the 
    results of whole effluent toxicity tests, applicants with significant 
    industrial users, and applicants with CSOs.
        The Agency also invites comment on requiring use of the form 
    itself. As explained previously, EPA conducted significant public 
    outreach to design an application form that is easy to use, including 
    outreach on the form itself. Use of the form would provide all of the 
    information requested in the proposed application regulations, whereas 
    modification of the form may result in failure to provide information 
    to be required in the proposed regulations. On the other hand, EPA 
    seeks to provide maximum flexibility by ``streamlining'' procedures for 
    permit development. The Agency seeks comment on whether requiring use 
    of the form would interfere with streamlining permitting procedures.
    
    D. Applicability of Form 2A to Privately Owned and Federally Owned 
    Treatment Works
    
        As in the case of existing Standard Form A and Short Form A, EPA 
    proposes that Form 2A and the application requirements at 
    Sec. 122.21(j) be required only for POTWs. However, the Agency proposes 
    that the Director have the discretion to use the proposed form for 
    treatment works that are not POTWs. As previously discussed, the NPDES 
    program has evolved considerably since Standard Form A and Short Form A 
    were promulgated in 1973, and now embraces facilities that operate 
    similarly to POTWs but which do not meet the regulatory definition of 
    POTW. Although not owned by a State or municipality, such facilities 
    nevertheless receive predominantly domestic wastewater, provide 
    physical and/or biological treatment, and discharge effluent to waters 
    of the United States. Such facilities include Federally owned treatment 
    works (FOTWs) and privately owned treatment 
    
    [[Page 62556]]
    works that treat primarily domestic wastewater.
        EPA is aware that Federal and State permitting authorities use a 
    number of mechanisms for obtaining NPDES permit application information 
    from non-POTW treatment works. These mechanisms include Standard Form 
    A, Short Form A, Form 2C (``Existing Manufacturing, Commercial, Mining, 
    and Silvicultural Operations''), and Form 2E (``Facilities Which Do Not 
    Discharge Process Wastewater''). The Agency believes that Form 2A would 
    in many cases be the more appropriate application form for non-POTW 
    treatment works, and solicits comments on its applicability to such 
    facilities.
        Nevertheless, the Agency does not propose to require Form 2A for 
    non-POTW treatment works. Despite many functional similarities to 
    POTWs, such facilities do not share the same regulatory requirements 
    and thus might not be required to report the same information to 
    permitting authorities. In many instances, non-POTW treatment works are 
    not required under the NPDES regulations to develop pretreatment 
    programs, meet secondary treatment requirements, or report results of 
    whole effluent toxicity testing with their permit applications. For 
    those facilities, requiring such information through Form 2A might be 
    unnecessary.
        The Agency solicits comments on whether the provisions of 
    Sec. 122.21(j) and the requirement to use Form 2A should be extended to 
    treatment works other than POTWs. EPA is particularly interested in 
    commenters' views on how to collect appropriate information in 
    appropriate circumstances. EPA also seeks to design permit application 
    requirements to account for privatization of treatment plants initially 
    constructed as publicly owned treatment works. The permit application 
    requirements in this proposed rule may be appropriate for partially 
    privatized portions of POTWs, particularly because the proposed 
    information regulations in today's rule would solicit information about 
    sewerage collection systems that might not otherwise be collected under 
    the industrial permit application regulations. Finally, EPA solicits 
    comment on the extent of the similarity between POTWs and FOTWs, for 
    example, whether FOTWs would have combined sewage collection systems. 
    In another part of today's proposal, EPA is soliciting comment about 
    the definition of POTW to which the permit application regulations 
    would apply.
    
    E. EPA Proposes Revised Application Requirements and Form 2S for Sewage 
    Sludge Permits
    
        Today, EPA also proposes a new form, Form 2S, to collect 
    information on sewage sludge from treatment works treating domestic 
    sewage (TWTDS). The term ``treatment works treating domestic sewage'' 
    is a broad one, intended to reach facilities that generate sewage 
    sludge or effectively change its pollutant characteristics as well as 
    facilities that control its disposal. The term includes all POTWs and 
    other facilities that treat domestic wastewater. It also includes 
    facilities that do not treat domestic wastewater but that treat or 
    dispose of sewage sludge, such as sewage sludge incinerators, 
    composting facilities, commercial sewage sludge handlers that process 
    sludge for distribution, and sites used for sewage sludge disposal. In 
    addition, EPA may designate a facility a TWTDS when the facility's 
    sludge quality or sludge handling, use, or disposal practices have the 
    potential to adversely effect public health and the environment. Septic 
    tanks or similar devices are not considered TWTDS.
        In addition to proposing sewage sludge application requirements in 
    new paragraph 122.21(q), EPA also proposes to delete the cross-
    reference to Sec. 501.15(a)(2) in paragraph 122.21(d)(3)(ii). This 
    would consolidate all of the sewage sludge application requirements in 
    paragraph 122.21(q). The information included in Sec. 122.21(d)(3)(ii) 
    and Sec. 501.15(a)(2) was not intended to be a final, comprehensive 
    list of all of the application information required of a TWTDS. Such a 
    comprehensive list was not possible until after promulgation of the 
    technical sewage sludge standards. Rather, with these sections, EPA 
    provided a minimum set of information requirements to suffice until 
    more comprehensive sewage sludge permit application regulations could 
    be promulgated. In light of the promulgation of technical sewage sludge 
    use or disposal standards, at 40 CFR Part 503, EPA today proposes to 
    modify the sewage sludge permit application requirements to add new 
    Sec. 122.21(q) and to revise paragraph Sec. 122.21(d)(3)(ii) 
    accordingly.
        EPA intends to maintain consistency between the NPDES permit 
    application requirements of Part 122 and the State sewage sludge 
    permitting requirements of Parts 123 and 501. This reflects EPA's 
    belief that a TWTDS should submit the same application information 
    regardless of whether the permitting authority regulates sludge 
    management under an approved NPDES or under a non-NPDES program. 
    Therefore, under today's rulemaking, EPA also proposes to revise the 
    language of Secs. 123.25(a)(4) and 501.15(a)(2) to modify the sludge 
    information requirements. EPA seeks comment on this revision.
    
    F. Reasons for Separate Form 2A and Form 2S
    
        EPA today proposes two separate forms for municipal wastewater 
    discharges and sludge for several reasons. First, the forms would 
    differ in their applicability. Form 2A would apply only to POTWs; Form 
    2S would require information from all TWTDS. Most facilities that 
    generate, treat, or dispose of sewage sludge are POTWs, and will be 
    required to submit both application forms. However, several thousand 
    TWTDS do not discharge to surface waters and therefore are not required 
    to have NPDES discharge permits. Thus, they would be required to submit 
    Form 2S but not Form 2A.
        Second, separate application forms are also appropriate because 
    wastewater and sewage sludge are often regulated by different 
    permitting authorities. In 41 States and territories, the NPDES program 
    is administered at the State level through an EPA-approved NPDES 
    program. Therefore, POTWs in NPDES States would obtain NPDES permits 
    from the State permitting authority (by submitting Form 2A to the 
    State) and sewage sludge permits from EPA (by submitting Form 2S to the 
    EPA Regional Office). Separate application forms would facilitate this 
    bifurcated permitting process. In addition, even when a State sludge 
    permitting program is approved, the program will not necessarily be 
    administered by the State's NPDES permitting authority. For example, a 
    POTW in a State with both NPDES and sludge permitting authority could 
    receive its NPDES permit from the water management agency and its 
    sewage sludge permit from a solid waste agency. Separate Forms 2A and 
    2S would also facilitate permitting in this situation.
    
    G. EPA Solicits Comment on the Use of Electronic Application Forms
    
        Consistent with recent amendments to the Paperwork Reduction Act, 
    the Agency intends to develop electronic data submission as an 
    alternative form of application. The use of electronic media should 
    help to streamline the application process and to reduce the amount of 
    repetition associated with completing application forms that are only 
    available on hard copy. As previously noted, the elimination of 
    redundant reporting is one of the goals of this rulemaking. 
    
    [[Page 62557]]
    
        It is not clear, however, how this would best be accomplished, 
    especially because permit application forms must be ``signed'' to 
    ensure reliability of permit application information (and 
    enforceability of the permit application regulations). Options range 
    from transmitting data electronically, submitting disk copies, or 
    submitting a hard copy. It might be most feasible to have electronic 
    forms that could be distributed and completed electronically, and then 
    printed, signed, and submitted. Although the Agency is considering how 
    ``signatures'' for electronic submissions could be obtained, there are 
    other issues concerning the use of application forms, such as how to 
    attach accompanying documents. The Agency solicits comments regarding 
    the interest that applicants and permitting authorities may have in 
    this area, and suggestions as to how it could most feasibly be 
    accomplished.
    
    III. Description of Proposed Requirements
    
    A. EPA Proposes to Revise Requirements in Sec. 122.21 (c), (d) and (f) 
    Concerning the Use of Forms 1, 2A, and 2S
    
        EPA proposes revisions to the existing general application 
    requirements for all NPDES permittees, which would require the use of 
    Forms 2A and 2S by applicants for EPA-issued permits. The proposed rule 
    would not require applicants using these forms to use Form 1, as is 
    currently required. Today's proposed rule substantially incorporates 
    the requirements of Sec. 122.21(f) into the requirements of proposed 
    Sec. 122.21 paragraphs (j) and (q).
    1. Requirement to Submit Form 2A
        EPA proposes in Sec. 122.21(d) to require POTWs to submit the 
    information at Sec. 122.21(j) using Form 2A or an equivalent form 
    approved by the Director. The Agency proposes to require applicants for 
    EPA-issued permits to complete Form 2A, but is considering not 
    requiring the use of the form so long as the proposed regulatory 
    requirements are met. The Agency intends to allow the use of any method 
    of electronic data submission the Agency may approve as part of the 
    final rule in lieu of the form itself.
    2. Requirement to Submit Form 2S
        EPA also proposes in Sec. 122.21 paragraphs (c)(2)(iii) and (d) to 
    require TWTDS to submit the information at Sec. 122.21(q) using Form 2S 
    or an equivalent form approved by the Director. As with Form 2A, the 
    Agency proposes to require applicants for EPA-issued permits to 
    complete Form 2S, but is considering not requiring the use of the form 
    so long as the proposed regulatory requirements are met. Also as with 
    Form 2A, the Agency intends to allow the use of any method of 
    electronic data submission the Agency may approve as part of the final 
    rule.
    
    B. Application Requirements for POTWs (40 CFR 122.21(j))
    
        Today's proposed rule includes application requirements for all 
    POTWs. These requirements are proposed at 40 CFR 122.21(j). Form 2A 
    tracks the information required by the regulation in parallel fashion. 
    Applicants for State-issued permits are not required to use Form 2A, so 
    long as the other application form provided by the Director requests 
    the information required by proposed Sec. 122.21(j).
        EPA acknowledges concerns relating to redundant reporting which 
    were raised by State and municipal commenters during the consultation 
    process. The Agency does not wish to require applicants to report 
    information already provided or available to the permitting authority. 
    Today's proposal would allow permitting authorities to waive reporting 
    requirements, as appropriate. The introductory paragraph of proposed 
    Sec. 122.21(j) would allow the Director to waive any requirement in 
    proposed paragraph (j) if the Director has access to substantially 
    identical information. The Agency solicits comment on this approach 
    and, specifically, on the conditions for allowing such a waiver. In 
    today's proposed rule, the Agency also solicits comments on more 
    narrowly defined waivers for specific requirements (see discussion 
    below concerning pollutant data requirements and industrial user 
    information requirements).
        The Agency also solicits comment on ways to allow the permit writer 
    or permitting authority discretion in waiving particular information 
    where the permitting authority determines that such information is not 
    necessary for the application. In other words, there may be flexible 
    ways to look at each applicant in light of the overall ``matrix of 
    characteristics'' regarding a particular facility. Where, for example, 
    historical data indicate that additional sampling is not warranted 
    unless other conditions have changed, the Agency is allowing the 
    permitting authority to waive such sampling. Such flexibility would 
    involve a holistic approach to implementing these proposed 
    requirements. The Agency solicits comment as to ways in which it could 
    be accomplished without making these provisions entirely discretionary, 
    and thus making it difficult for the applicant to predict how 
    discretion would be exercised. This might be particularly relevant on 
    the second and subsequent rounds of permitting under these proposed 
    provisions. The Agency also seeks comment on what information might be 
    appropriate and what information might be inappropriate for such 
    waivers.
    1. Basic Application Information
        Today's proposal would require all POTW applicants to provide the 
    information in proposed Sec. 122.21(j)(1). All of this information is 
    also requested in Questions 1-16 of the Basic Application Information 
    part of proposed Form 2A.
        Proposed Sec. 122.21(j)(1) of today's rule would require 
    information on the POTW's service area and physical plant. The proposed 
    rule would require all applicants to provide information regarding the 
    community served and physical characteristics of the treatment works.
        Proposed Sec. 122.21(j)(1)(i) requests facility identification 
    information. Proposed Sec. 122.21(j)(1)(ii) requests information about 
    the applicant, which may or may not be the facility itself. Proposed 
    Sec. 122.21(j)(1)(iii) asks the applicant to provide permit numbers of 
    any existing environmental permits that have been issued to the 
    facility.
        Proposed Sec. 122.21(j)(1)(iv) would require the applicant to list 
    the municipalities and populations served by the POTW. The POTW may 
    serve several areas (including unincorporated connector districts) in 
    addition to the one in which it is located. The permit writer needs to 
    know what areas are served and the actual population served in order to 
    calculate the potential domestic sewage loading to the facility. The 
    information on the community is also useful for providing notice and 
    public comment for permit reissuance, and for public education.
        Proposed Sec. 122.21(j)(1)(v) would require the applicant to report 
    the facility's design flow rate and the annual average daily flow rate 
    for each of the past three years. This information enables the 
    permitting authority to calculate limits appropriate to the POTW, to 
    alert the permitting authority to the need for flow restrictions or 
    facility expansion, and to compare design and actual flows.
        Proposed Sec. 122.21(j)(1)(vi) would require information on the 
    type of collection system used by the facility. The applicant would 
    also identify whether the collection system is a separate sanitary 
    system or a combined storm and sanitary system. The 
    
    [[Page 62558]]
    applicant would also estimate the percent of sewer line that each type 
    comprises. Familiarity with the type of collection system enables the 
    permit writer to anticipate combined collection system overloading in 
    wet weather. The current application form, Standard Form A, requests 
    that the applicant also provide the length of the collection system (in 
    miles). The proposed rule does not include this requirement because the 
    Agency does not believe that such information is useful to the permit 
    writer.
        Proposed Sec. 122.21(j)(1)(vii) would also require information on 
    inflow and infiltration. Inflow is the uncontrolled entrance of water 
    into the collection system from surface sources such as unsealed 
    manholes. Infiltration is water that enters the collection system 
    through deteriorated or defective pipes, joints, and connections. Both 
    conditions may indicate the need for special permit conditions (such as 
    best management practices) to reduce the inadvertent flow of water to 
    the POTW. EPA requests comment on the availability of inflow and 
    infiltration information at POTWs. This provision would also request 
    information on steps the facility is taking to minimize inflow and 
    infiltration.
        Proposed Sec. 122.21(j)(1)(viii) would require the applicant to 
    provide a topographic map that includes information on the layout of 
    the treatment plant, including all unit processes; intake and discharge 
    structures; wells, springs, and other surface water bodies; sewage 
    sludge management facilities; and the location(s) at which hazardous 
    waste enters the treatment plant by truck, rail, or dedicated pipe. 
    This provision reflects the topographic map requirements of 
    Sec. 122.21(f)(7), and is more specifically designed to include 
    features most likely to be found at a POTW.
        Proposed Sec. 122.21(j)(1)(ix) would require the applicant to 
    submit a process flow diagram or schematic, together with a narrative 
    description. The permit writer uses this information to develop 
    secondary treatment and water quality-based permit requirements, as 
    well as other applicable permit conditions.
        Proposed Sec. 122.21(j)(1)(x) would require information about 
    bypasses, which are intentional diversions of wastestreams from any 
    part of a treatment plant. Regulations governing bypasses are set forth 
    at 40 CFR 122.41(m). Facilities experiencing bypasses are required to 
    estimate the frequency, duration, and volume of bypass incidents, and 
    the reasons why bypasses have occurred. Information on bypasses is used 
    by the permit writer to develop appropriate permit limits and 
    conditions for these discharges.
        Proposed Sec. 122.21(j)(1)(xi) would require general information 
    regarding discharges to waters of the United States as well as 
    discharges to destinations other than surface waters. This information 
    enables the permit writer to account for all wastewater that enters the 
    POTW, regardless of whether or not it is discharged directly to 
    receiving waters. From a watershed permitting standpoint, permitting 
    authorities may use this information to identify flows that 
    individually or collectively may have an impact on the watershed, 
    whether or not they are discharged directly into waters of the U.S.
        If any effluent is discharged to surface impoundments with no 
    discharges to waters of the U.S., the applicant would report the 
    location of each surface impoundment, the annual average daily volume 
    discharged to each surface impoundment, and whether the discharge is 
    continuous or intermittent. If effluent is applied to the land, the 
    applicant must provide the site location, the site size, and the annual 
    average daily volume of effluent applied. The applicant must also state 
    whether land application is continuous or intermittent. This 
    information alerts the permit writer to the potential for point source 
    discharges to arise from land application sites under certain 
    circumstances, such as cold weather or high volume discharges, or from 
    surface impoundments.
        Proposed Sec. 122.21(j)(1)(xi) would also require the applicant to 
    report whether wastewater is discharged to another treatment works, the 
    means by which the wastewater is transported, the average daily flow 
    rate to that facility, and information identifying the receiving 
    facility. The applicant must also identify the organization 
    transporting the discharge, if other than the applicant. The permit 
    writer needs this information in order to track the wastewater and 
    verify the transfer.
        Finally, proposed Sec. 122.21(j)(1)(xi) would require information 
    on other types of disposal, such as underground percolation or 
    injection. These types of disposal may result in the transfer of 
    pollutants to waters of the U.S. through underground flows, and thus 
    are of interest both to the permit writer in writing the permit and to 
    the permitting authority in designing watershed protection strategies.
        Proposed Sec. 122.21(j)(1)(xii) would require the applicant to 
    report whether the POTW is located on a Federal Indian Reservation, 
    discharges to a receiving water that is on a Federal Indian Reservation 
    or upstream of and eventually flows through a Federal Indian 
    Reservation. This information enables the permit writer to identify the 
    proper permitting authority and applicable requirements, including 
    applicable water quality standards.
        Proposed Sec. 122.21(j)(1)(xiii) would require the applicant to 
    provide information about any scheduled facility improvements. 
    Improvements to the facility may change its flow or removal efficiency, 
    necessitating a permit modification. The permit writer may modify the 
    permit when the improvement is complete, or may include alternate 
    limits in the permit that would take effect upon completion of the 
    improvement.
        The current application form, Standard Form A, requests certain 
    information about required improvements including information on dates 
    for completion of the preliminary plan, completion of the final plan, 
    awarding of contract, and site acquisition. EPA is proposing to delete 
    these requirements but solicits comment on their usefulness. Standard 
    Form A also requires the applicant to identify the authority imposing 
    the improvement and the general and specific action codes. The Agency 
    proposes to delete this requirement because permit writers have 
    indicated that this information is unnecessary to writing the permit.
    2. Information on Effluent Discharges
        Proposed Sec. 122.21(j)(2) of today's rule would require all POTWs 
    that discharge effluent to waters of the U.S. to provide specific 
    information for each outfall through which effluent is discharged to 
    surface waters, excluding CSO outfalls. This information would be 
    reported in Questions 17, 18, and 19 of the Basic Application 
    Information part of proposed Form 2A. The applicant would be required 
    to submit the information required for each outfall.
        Proposed Sec. 122.21(j)(2)(i) would require general information 
    about each outfall. The applicant must specify the outfall number, 
    location, latitude and longitude, distance from shore (if applicable), 
    distance below surface (if applicable), and average daily flow (in 
    million gallons per day). EPA enters the latitude and longitude points 
    into the water quality data base STORET. Maps of the location of water 
    discharges are developed to examine the relationship between NPDES 
    outfalls and other areas of concern, such as drinking water intake 
    points or sensitive ecosystems. This information is also used to 
    establish water quality-based effluent limits appropriate for the 
    particular 
    
    [[Page 62559]]
    receiving water. The locational data requested by this question also 
    supports the Watershed Protection Approach, because it provides Federal 
    and State environmental managers with information they need to 
    geographically locate discharge points.
        Latitude and longitude would be required to be reported to the 
    nearest second. This is consistent with EPA's Locational Data Policy 
    (LDP) (See ``Locational Data Policy Implementation Guidance, Guide to 
    the Policy (March 1992)''). In accordance with this policy, all 
    latitude/longitude measurements in Agency data collection should have 
    accuracies of better than 25 meters (i.e., roughly, one second).
        Proposed Sec. 122.21(j)(2)(i) would require information about the 
    interval and duration of effluent discharges that are seasonal or 
    periodic. Such discharges arise from certain conditions, usually 
    related to the process at an industrial user, whereby the industrial 
    user discharges intentionally at specified times following treatment. 
    For each outfall with an intermittent discharge, the applicant must 
    report the annual frequency, duration, flow, and the months in which 
    the discharge occurs. The permit writer uses this information to 
    develop permit limits that reflect the intermittent nature of such 
    discharges.
        Proposed Sec. 122.21(j)(2)(i) would also require the applicant to 
    specify whether the outfall is equipped with a diffuser and the type of 
    diffuser (e.g., high-rate) used. The permit writer uses this 
    information to make mixing zone calculations. (See ``Technical Support 
    Document for Water Quality-based Toxics Control,'' EPA/505/2-90-001, 
    March 1991.)
        Most POTWs discharge treated effluent to surface waters such as 
    streams or rivers. Proposed Sec. 122.21(j)(2)(ii) solicits information 
    that describes and identifies the receiving waters into which each 
    outfall discharges. Information about the type of receiving water is 
    useful to the permit writer because mixing zones and wasteload 
    allocations may be calculated differently for different types of 
    receiving waters.
        This provision would also require the name of the watershed, the 
    Soil Conservation Service watershed code, the name of the State 
    management basin, and the United States Geological Survey hydrologic 
    code. This locational information supports the Watershed Protection 
    Approach, by providing Federal and State environmental managers with a 
    means of locating dischargers within the U.S. Soil Conservation Service 
    watershed categorization system, a State's river basin categorization 
    system, and the U.S. Geological Survey cataloging scheme. Some States, 
    as well as EPA Regions, are implementing a basin management approach to 
    watershed protection and will require the information requested by this 
    question.
        Proposed Sec. 122.21(j)(2)(iii) would require information on the 
    level of treatment for discharges from each outfall. The CWA requires 
    POTWs, with some exceptions, to treat influent to the level of 
    secondary treatment prior to discharge. Secondary treatment is defined 
    at 40 CFR 133.102 in terms of five-day biochemical oxygen demand 
    (BOD5), total suspended solids (SS or TSS), and pH. Part 133 
    allows adjustments to the secondary treatment requirements for POTWs 
    that meet certain criteria. In addition, some POTWs are subject to 
    requirements for ``treatment equivalent to secondary treatment,'' as 
    described in Sec. 133.105. Finally, some POTWs may have more advanced 
    levels of treatment necessary, for example, to meet water-quality based 
    standards for certain pollutants, such as nitrogen and phosphorous.
        This provision would require data on design removal efficiencies 
    for BOD5 and SS. Information on these parameters is necessary in 
    order for the permit writer to set pollutant limits that accurately 
    reflect the pollutant removal that the POTW can achieve. It may also 
    alert the permitting authority to the need for improvements to the 
    treatment facility.
        Proposed Sec. 122.21(j)(2)(iii) would also require information on 
    disinfection, which usually follows secondary or advanced treatment and 
    which destroys bacteria, viruses, and other pathogens in the 
    wastewater. Disinfection most commonly occurs through chlorination. 
    Many POTWs also dechlorinate their effluent prior to discharge because 
    excessive free chlorine in a wastewater discharge can cause aquatic 
    toxicity in the receiving water.
    3. Effluent Monitoring for Specific Parameters
        The purpose of proposed Sec. 122.21(j) and proposed Form 2A is to 
    provide the permit writer with the minimum information necessary to 
    issue to a POTW an NPDES permit that contains effluent limitations 
    consistent with the goals of the CWA. EPA recognizes that the quality 
    of a POTW's effluent depends on several factors, such as the number and 
    type of industrial users of the POTW, and that not all POTWs need to 
    report the same information to ensure developing NPDES permits to 
    achieve designated uses of the Nation's waters. Hence, EPA proposes a 
    tiered approach to collect needed effluent monitoring information.
        The Agency proposes to require all POTWs to report effluent 
    monitoring information for the 17 parameters listed at proposed 40 CFR 
    Part 122, Appendix J, Table 1 (``Effluent Parameters For All POTWs'') 
    (see also proposed Form 2A, Basic Application Information, question 
    19). These parameters have a high likelihood of being present in most 
    POTW effluents.
        EPA is proposing to require additional reporting of pollutant-
    specific data for POTWs with a design flow greater than or equal to 1.0 
    mgd; POTWs that have or are required to have a pretreatment program; 
    and other POTWs required to provide this information to the permitting 
    authority. In general, the pollutants for which additional data would 
    be required are those for which there are State water quality 
    standards, other than dioxin, asbestos, and ``priority pollutant'' 
    pesticides. Thus, the Agency would require, at a minimum, data on those 
    pollutants listed at proposed 40 CFR Part 122, Appendix J, Table 2 
    (``Effluent Parameters For Selected POTWs and Treatment Works Treating 
    Domestic Sewage'') (see also proposed Form 2A, Part A, Supplemental 
    Application Information: Expanded Effluent Testing). The Agency would 
    not require data, unless otherwise specified by the permitting 
    authority, on those pollutants listed at proposed 40 CFR Part 122, 
    Appendix J, Table 3 (``Other Parameters for Treatment Works Treating 
    Domestic Sewage And Selected POTWs'').
        Proposed Sec. 122.21(j)(3) would require that data be separately 
    provided for each outfall through which treated sanitary effluent is 
    discharged to waters of the United States. Further, EPA recognizes that 
    a POTW's effluent may have similar qualities at more than one of its 
    outfalls. EPA thus proposes to allow applicants to provide the effluent 
    data from only one outfall as representative of all such outfalls, 
    where two or more outfalls with substantially identical effluents, and 
    with the approval of the permitting authority on a case-by-case basis. 
    For outfalls to be considered substantially identical, they should, at 
    a minimum, be located at the same plant, be subject to the same level 
    of treatment, and have passed through the same types of treatment 
    processes. The Agency solicits comment on this approach and, 
    particularly, on whether data should be separately collected from all 
    such outfalls. Alternatively, should applicants generally be encouraged 
    to follow this approach rather than 
    
    [[Page 62560]]
    selectively approved on a case-by-case basis?
        EPA proposes that effluent and monitoring data submitted to the 
    permitting authority meet the following conditions:
        1. Maximum Period of Sample Collection: All data summarized in 
    response to these questions is proposed to be collected within a 3-year 
    period preceding the permit application date.
        2. Minimum Number of Daily Sample Analyses: Results from a minimum 
    of three separate daily sample analyses (pollutant scans) are proposed 
    to accommodate data needs for each analyte on which information is 
    requested. Additional samples might be required on a case-by-case 
    basis.
        3. Seasonal Considerations: For most POTWs, EPA expects that the 
    three, or more, sets of results for daily sample analyses summarized in 
    response to these information needs would represent typical daily 
    discharges occurring during at least three different calendar seasons. 
    For most applicants, EPA proposes to require that a minimum of 4 months 
    and a maximum of 8 months separate at least one pair of the daily 
    sample analysis results included in the summary. Applicants unable to 
    meet this time requirement due to, for example, periodic, 
    discontinuous, or seasonal discharges could obtain alternative guidance 
    on this requirement from their permitting authority. Permitting 
    authorities might alter this requirement to address considerations of 
    specific POTWs.
        4. Testing Methods: Sampling and analysis is proposed to be 
    conducted in accordance with methods approved under 40 CFR Part 136. 
    Applicants would be expected to use methods that enable pollutants to 
    be detected at levels adequate to meet water quality-based standards. 
    Where no approved method can detect a pollutant at the water quality-
    based standards level, applicants would be expected to use the most 
    sensitive approved method. If the applicant believed that an 
    alternative method should be used (e.g., due to matrix interference), 
    the applicant would need to obtain prior approval from the permitting 
    authority. If an alternative method approved in accordance with 40 CFR 
    Part 136 is specified in the existing permit, the applicant would be 
    expected to use that method unless otherwise directed by the permitting 
    authority. When no approved analytical method exists, an applicant 
    could use a suitable method and provide a description of the method. 
    ``Suitable method'' means a method that is sufficiently sensitive to 
    measure as close to the water quality-based standard as possible. The 
    permit writer needs to know which testing methods are used in order to 
    assess the technical validity of the results.
        5. Daily Samples: For most POTWs, sampling is proposed to be 
    conducted using composite samples mixed on a flow-proportional basis 
    over a 24-hour period from at least eight sample aliquots (100 ml 
    minimum) collected using an automated sample collection device. The 
    flow-proportional basis would involve either varying the intervals 
    between the collection of equal volume samples or varying the sample 
    volumes collected over equal interval collection periods. The reason 
    for using automated samplers is that they are designed to make the 
    necessary adjustments according to the rate of flow.
        For POTWs where automated sample collection devices are not 
    available, it is proposed that appropriate daily composite samples for 
    analysis would be produced by mixing at least four sample aliquots (100 
    ml minimum), each collected to represent typical segments of the 
    operating day effluent flows.
        Because pH, temperature, cyanide, total phenols, residual chlorine, 
    oil and grease, and bacterial indicators cannot be properly sampled by 
    continuous sampling devices, summarized results for each daily analysis 
    are proposed to be based on individual analysis of a minimum of four 
    grab samples collected to represent typical effluent flows over the 
    operating day. A grab sample has 100 ml minimum volume, collected over 
    15 minutes or less.
        For effluents from treatment ponds or other impoundments that have 
    retention times of greater than 24 hours, single grab samples (100 ml 
    minimum collected over 15 minutes or less) would be considered adequate 
    to represent daily conditions for all analytes reported.
        6. Maximum Data Summarization Requirements: EPA recognizes that not 
    all analytes are sampled and analyzed at the same frequency for 
    effluents from a single POTW or across all POTWs. EPA thus proposes 
    that summarized results for analytes should include all data collected 
    over the preceding three-year period, ending the calendar quarter 
    preceding the permit application date (providing, for example, a total 
    of 3 annual samples or 12 quarterly samples summarized per analyte, as 
    well as any other samples taken by the applicant).
        For those analytes sampled and analyzed at monthly or more frequent 
    intervals, EPA proposes that applicants only summarize and report data 
    collected over a single one-year period (e.g., providing a summary of 
    12 monthly samples, together with any other samples taken during that 
    period, per analyte). The one-year period included in this data 
    summarization interval would end the calendar quarter preceding the 
    permit application date.
        Applicants would be required to indicate for each analyte the 
    number of samples summarized and whether each summary represents a one 
    or three year summarization period.
        7. All Data Must Be Reported: For each analyte, EPA proposes that 
    all samples conducted and analyzed in accordance with 40 CFR Part 136 
    during the reporting period be reported (i.e., included with all other 
    data for the period reported), regardless of whether or not they were 
    required by the permitting authority or these proposed regulations.
        8. Data Must Be Summarized: For each analyte, EPA proposes that 
    applicants report the maximum daily discharge, expressed either as 
    concentration or mass, of all of the samples reported. Applicants would 
    also report the average daily discharge, expressed either as 
    concentration or mass, of all the samples reported.
        The Agency is considering requiring applicants to report only 
    concentration numbers on the application or, alternatively, requiring 
    that applicants who wish to report mass also provide flow information 
    used in calculating the mass figures reported. Thus, applicants would 
    be required to report the flow rate used in calculating the maximum 
    daily discharge and the average of all of the flow rates used in 
    calculating the average daily discharge.
        Some States may wish to have individual pollutant data reports, 
    rather than summary data, from applicants, either from all applicants 
    or on a case-by-case basis, in addition to or instead of the summary 
    data required by proposed Sec. 122.21(j)(3). States would be encouraged 
    to obtain this information in the manner considered most suitable to 
    their needs.
        9. Existing Data May Be Reported: Where the applicant has existing 
    data for a given pollutant, and where such data meet the conditions 
    described above, EPA proposes to allow the use of such data in lieu of 
    data collected solely for the purpose of the permit application. If, 
    for example, the applicant were to have pollutant data from two 
    samples, only one more sample would be needed to meet the minimum 
    requirement of three samples, assuming that other conditions were met. 
    Also, where such data have previously been reported to the permitting 
    authority, the permitting 
    
    [[Page 62561]]
    authority could waive such requirements as having been satisfied.
        The Agency proposes the above conditions in an effort to be clear 
    about the nature of what needs to be reported. Accordingly, the Agency 
    solicits comment on whether these conditions are sufficiently clear, on 
    the one hand, or whether they are overly restrictive, on the other.
        The Agency also solicits comment on each of the particular 
    conditions described above. The Agency is particularly interested in 
    comment on two of these conditions: whether three pollutant scans is 
    the appropriate number to require; and whether the three-year 
    requirement for reporting test data should be waived, as proposed, 
    where sampling for pollutants is done on a monthly basis.
        The analytical data proposed to be reported would result from a 
    variety of analytical methods, with detection limits ranging from less 
    than 1 ppb to more than 10 ppb. The toxic analytes that are of most 
    concern at low concentrations are primarily analyzed by gas 
    chromatography (GC), gas chromatography/mass spectrometry (GC/MS), 
    inductively coupled plasma emission spectrometry (ICP), and atomic 
    absorption spectrometry (AA), and high resolution capillary column gas 
    chromatography/high resolution mass spectrometry (HRGC/HRMS). These 
    methods have different numeric analytical endpoints, based upon 
    detection (e.g., method detection limit) or quantification (e.g., 
    minimum level) levels. In addition, the wide latitude of data reporting 
    definitions and conventions in use in various regulatory programs 
    complicates the generation and interpretation of analytical data 
    reported with this proposal.
        In order for permit writers to develop appropriate permit 
    requirements, they must be able to establish whether a pollutant is 
    present and whether a reasonable potential for environmental impairment 
    exists, as defined by water quality standards and criteria. To properly 
    make such determinations, permit writers require more complete data and 
    documentation than has been previously supplied with the application 
    form, because any ambiguity increases the likelihood that the permit 
    writer will need to include in the permit limits that are near or below 
    10 ppb or, alternatively, additional monitoring requirements for those 
    pollutants for which the data are ambiguous.
        Thus, it is in the best interests of both the applicant and the 
    permitting authority that the proposed rule would require that the 
    method detection limit (MDL), minimum level (ML), or other designated 
    method endpoint, together with identification of the corresponding 
    analytical methods used be stated in the permit application. Along with 
    this information, the proposal would require applicants to submit 
    pollutant data based upon actual sample values. In other words, even 
    where test values are below the detection or quantification level of 
    the method used, the actual data value should be reported, rather than 
    reporting ``non-detect'' (``ND'') or ``zero'' (``0'') in such 
    instances. If the endpoint of the method used is reported along with 
    the actual sample results, the permitting authority will be able to 
    determine if the data is in the ``non-detect'' range or ``below 
    quantification'' range.
        The Agency has provided guidance to the applicant in the proposed 
    Form 2A instructions in order to minimize the conditions that lead to 
    inaccurate sampling data. The Agency proposes that the permit 
    applicant: (1) alert its laboratory to the analytical and detection 
    limit requirements and the expectations for documentation; and (2) 
    report the necessary documentation to ensure that the permit writer is 
    fully informed as to the methods used and the results obtained. For 
    more detailed information concerning analytical issues (acceptable 
    methods, effluent-specific detection limits, and documentation of data 
    and analytical problems), applicants should refer to the ``Guidance on 
    Evaluation, Resolution, and Documentation of Analytical Problems 
    Associated with Compliance Monitoring'', EPA 821-B-93-001, June 1993.
    a. Pollutant Data Reporting Requirements for All POTWs
        EPA has identified certain pollutants that are commonly found in 
    POTW effluents, regardless of size, and for which permit limits may be 
    necessary to prevent adverse effects on receiving waters. Proposed 
    Sec. 122.21(j)(3) would require each applicant, regardless of size, to 
    provide monitoring information for the pollutants listed in proposed 
    Appendix J, Table 1. These include the conventional pollutants 
    (defined, at 40 CFR 401.16, as biochemical oxygen demand, total 
    suspended solids, pH, fecal coliform, and oil and grease), as well as 
    other parameters that are common to domestic wastestreams, such as 
    ammonia (and other nitrogen compounds), and compounds of other origin, 
    such as chlorine (which is used for disinfection during the treatment 
    process).
        The complete list is, as follows:
    
    Flow
    Temperature
    Bacterial indicators (E. coli, Enterococci, Fecal coliform)
    5-day biochemical oxygen demand (BOD5 or CBOD5)
    Chlorine (total residual, TRC)
    Kjeldahl nitrogen (total organic as N)
    Oil and Grease
    Total dissolved solids
    Total suspended solids
    pH
    Phosphorus (PO4-P)
    Dissolved oxygen
    Hardness (as CaCO3)
    Ammonia (as N)
    Nitrate + Nitrite (as N)
    
        The secondary treatment regulations at 40 CFR Part 133 describe the 
    minimum level of effluent quality that must be attained in terms of 
    BOD5 (or CBOD5), TSS, and pH, and specify technology-based 
    criteria for each parameter. Control of BOD5 (or CBOD5) is 
    necessary to ensure sufficient dissolved oxygen in the receiving water 
    to protect aquatic life; BOD5 (or CBOD5) is also a key 
    parameter in biological treatment systems. Extremely high levels of 
    suspended solids in the POTW's influent can interfere with POTW 
    operations. High TSS levels in the effluent also block light in the 
    receiving water and inhibit photosynthesis. Permit writers use 
    information for these, as well as all other parameters listed above, to 
    set appropriate water quality-based limits for permit applicants. In 
    instances where POTWs have been allowed to substitute chemical oxygen 
    demand (COD) or total organic carbon (TOC) for BOD5, in accordance 
    with 40 CFR 133.104, applicants would report the substituted parameter.
        EPA has determined that enterococci and E. coli are better 
    biological indicator organisms than fecal coliform. From 1973 through 
    1982, the Agency studied marine and freshwater bathing beaches. These 
    studies reveal strong correlations between instances of 
    gastrointestinal illness and concentrations of certain indicator 
    organisms at these beaches. That is, in both fresh and marine waters, 
    enterococci and E. coli were strongly correlated with gastroenteritis. 
    (For more information on this study, see ``Ambient Water Quality 
    Criteria for Bacteria--1986,'' EPA440/5-84-002, January 1986.)
        Because high numbers of these organisms in receiving water indicate 
    an increased potential for human gastrointestinal illness following 
    swimming or ingestion, and because both enterococci and E. coli are 
    contained in all domestic sewage, indicating the potential for 
    gastrointestinal illness, EPA is 
    
    [[Page 62562]]
    proposing to require all POTWs to test for these biological indicator 
    organisms in their discharged effluents. The Agency is also proposing, 
    however, to allow the use of fecal coliform as the biological indicator 
    for those applicants where the applicable permitting authorities have 
    not yet switched to monitoring requirements for enterococci and E. 
    coli. EPA solicits comments on allowing the use of fecal coliform in 
    cases where permitting authorities have not switched from using fecal 
    coliform as the pathogen indicator. The Agency also solicits comment as 
    to whether testing for enterococci and E. coli should be required at 
    all before the Agency has developed approved test methods for these 
    parameters.
        The Agency proposes that all POTWs report chlorine and ammonia 
    levels. EPA's experience with toxicity identification evaluations 
    (TIEs) at many POTWs indicate that chlorine and ammonia frequently 
    cause effluent toxicity. Additional studies also reveal frequent 
    adverse effects by these compounds within receiving waters. Therefore, 
    at POTWs that chlorinate their wastewaters without subsequent 
    dechlorination prior to discharge, chlorine may be present in 
    concentrations sufficient to cause toxicity in receiving waters. 
    Ammonia, which is common in nearly all sanitary sewage, is highly toxic 
    to aquatic life in its un-ionized form. The ratio of the relatively 
    toxic un-ionized ammonia form (NH3) compared with the considerably 
    less toxic ionized ammonium form (NH4+) is dependent on pH 
    and temperature.
        Chlorine and ammonia are listed in many State water quality 
    standards, and ``The Quality Criteria for Water 1986'' (EPA 440/5-86-
    001, also known as the ``Gold Book'') lists criteria for both 
    pollutants. Chlorine and ammonia can react to form chloramines, which 
    can be toxic, and are more persistent in the aquatic environment than 
    elemental chlorine. In estuaries or ocean water, bromamines can also 
    form. Analytical methods recommended for the quantification of total 
    residual chlorine (TRC) also indicate the presence of chloramines and 
    bromamines. If a disinfectant other than chlorine is used, the 
    permitting authority has the discretion to require additional data for 
    that disinfectant. If alternative disinfection technologies are used, 
    the applicant must submit a description of the alternate process.
        Depending on the type of treatment provided, different sampling 
    regimes may be appropriately required. For example, POTWs that do not 
    use chlorination for disinfection, and do not otherwise use chlorine in 
    their treatment processes, perhaps should not be required to sample for 
    chlorine. The Agency solicits comment on whether to waive chlorine data 
    from such POTWs.
        EPA criteria for nitrate, nitrite, and phosphorus are published in 
    The Gold Book. Because these parameters are prevalent in most POTW 
    effluents and because of their impacts on receiving waters, EPA is 
    proposing to require all applicants to test for them. Nitrogen and 
    phosphorus are often limiting nutrients in marine and fresh water 
    systems, respectively. Excessive loadings of nitrogen (discharged as 
    ammonia (including ammonium), nitrate, nitrite, and organic nitrogen) 
    and phosphorus (discharged as phosphate) can stimulate algae growth, 
    interfering with shoreline aesthetics and recreational uses. In 
    addition, decaying algae can reduce dissolved oxygen concentrations, 
    thus impairing the aquatic environment. At concentrations not typically 
    encountered in surface waters, nitrate is toxic to fish.
        Today, EPA proposes monitoring and reporting requirements for total 
    nitrate plus nitrite, Kjeldahl nitrogen, and total phosphate. EPA is 
    proposing to request the reporting of nitrate plus nitrite, combined 
    rather than separately, because the chemical equilibrium between the 
    two forms can change rapidly when chemical conditions in effluents and 
    receiving waters differ. Such differences can cause concentration 
    ratios between these two nitrogen oxide forms to change rapidly shortly 
    after effluents enter receiving waters. Thus, separately knowing the 
    effluent concentrations of nitrate and nitrite often bears little 
    significance to their likely concentrations shortly after discharge 
    into receiving waters. Kjeldahl nitrogen concentrations (a measure of 
    organic nitrogen concentrations) are requested to allow permit writers 
    to evaluate the total concentration and total mass of nitrogen 
    discharged, determined by summing concentrations of discharged ammonia, 
    nitrate plus nitrite, and Kjeldahl nitrogen, when all are reported in 
    equivalent nitrogen concentrations (NH3-N and 
    NO2+NO3-N). Phosphate is to be reported in equivalent 
    phosphorus concentrations (PO4-P). Concentrations of elemental 
    phosphorus in most effluents occur at less than potentially toxic 
    levels; consequently, no reporting requirements are proposed for 
    elemental phosphorus.
        The Gold Book also provides criteria values on concentrations of 
    oil and grease. Concentrations of oil and grease sufficient to create a 
    sheen on the receiving water not only affect aesthetic qualities of 
    these waters, but may also reduce the re-aeration rate of the receiving 
    waters, potentially contributing to dissolved oxygen sag problems. Oil 
    and grease may also indicate the presence of other high-molecular-
    weight organic pollutants of concern, because they are often discharged 
    with or act as a sink for such pollutants. Finally, oil and grease 
    interfere with POTW operations. Therefore, today's proposal includes 
    monitoring and reporting requirements regarding concentrations of oil 
    and grease.
        Standard Form A currently requires applicants to test for most of 
    the parameters discussed above. Today EPA is proposing to delete 
    reporting requirements for the following parameters, which are 
    currently included on the list for which sampling is required on 
    Standard Form A:
    
    Chemical Oxygen Demand
    Fecal Streptococci
    Settleable matter
    Total Coliform Bacteria
    Total Organic Carbon
    Total Solids
    
        EPA is proposing to delete chemical oxygen demand (COD) and total 
    organic carbon (TOC) because biochemical oxygen demand (BOD5 or 
    CBOD5) is generally more relevant to municipal treatment systems. 
    EPA is proposing to delete settleable matter and total solids because 
    there is considerable overlap between these parameters and total 
    suspended solids and total dissolved solids. The Agency believes that 
    the two selected parameters provide sufficient information to permit 
    writers. Finally, the Agency proposes to drop reporting requirements 
    for fecal streptococci and total coliform bacteria because the Agency 
    believes that the selected pathogens (E. coli, enterococci, and fecal 
    coliform) are better indicators for risk. The Agency requests comments 
    on its proposal to delete the above Standard Form A parameters from the 
    proposed application requirements.
        In addition to the parameters discussed above, Standard Form A 
    requires that POTWs indicate the presence of (but not provide 
    quantitative data for) certain pollutants, if known. Such pollutants 
    include metals, as well as other toxic and non-conventional pollutants. 
    The Agency is proposing to require that some POTWs sample and report on 
    certain toxic (priority) pollutants, as described in the discussion, 
    ``Reporting of Additional Pollutants for Some POTWs'' (at III.B.3.b). 
    The Agency is proposing, however, not to include POTW reporting 
    requirements for the following pollutants listed on Standard Form A:
    
    
    [[Page 62563]]
    
    Bromide
    Chloride
    Fluoride
    Sulfide
    Aluminum
    Barium
    Boron
    Cobalt
    Iron
    Manganese
    Titanium
    Tin
    Algicides
    Chlorinated Organic Compounds
    Pesticides
    Surfactants
    Radioactivity
    
        A number of these parameters (including bromide, chloride, boron, 
    cobalt, iron, manganese, titanium, and tin) are proposed for deletion 
    because they are relatively less toxic than priority pollutants for 
    which the Agency is proposing to require testing (see, ``Reporting of 
    Additional Pollutants for Some POTWs'' (at III.B.3.b)); and the levels 
    of these pollutants in most municipal discharges are low. EPA is 
    proposing to delete algicides, pesticides, and chlorinated organic 
    compounds because the Agency does not believe it is relevant to ask for 
    information about these contaminants at this level of generality.
        EPA considered, but does not include as part of today's proposal, 
    requirements that all applicants test and report on sulfide and sulfate 
    concentrations in effluents. Sulfide is of concern because the 
    anaerobic decomposition of sewage and other naturally deposited organic 
    material is a major source of hydrogen sulfide. EPA considered 
    proposing monitoring requirements for sulfate because high sulfate 
    concentrations, which are caused by sewer corrosion, are converted 
    anaerobically to hydrogen sulfide. Hydrogen sulfide is toxic to aquatic 
    life; it also biologically reoxidizes on sewer walls that are exposed 
    to air, forming sulfuric acid that corrodes the concrete of the sewer 
    channels. It was considered that, based on this monitoring information, 
    the permit writer could set permit limits for sulfide and sulfate or to 
    require appropriate best management practices. These monitoring 
    requirements, however, were not included as part of today's proposed 
    requirements because of the view that sulfide is rapidly converted to 
    sulfate in aerobic waters, which rapidly dissipates its toxic risk. In 
    most instances, maintaining monitoring requirements and permit limits 
    for dissolved oxygen to maintain attainable uses of receiving waters 
    will adequately safeguard receiving waters from toxic risks due to 
    sulfide or sulfate potentially contained in effluents. Regarding 
    corrosivity within the sewer system, the Agency believes that, in 
    general, the POTW is in a better position than the permit writer to 
    address such concerns. Special considerations may lead to the 
    requirement that some applicants submit analytical results for these 
    chemicals, as determined on case-by-case basis. EPA invites comment on 
    these conclusions.
        The Agency also considered testing for surfactants, but is not 
    proposing to require such testing as part of this rule because: most 
    POTWs do not discharge surfactants at toxic levels; the Agency has not 
    developed water quality criteria for surfactants; and sources are 
    difficult to control. In cases where surfactants in municipal 
    wastestreams occur at toxic levels, the Agency believes that whole 
    effluent toxicity (WET) testing should reveal any toxicity arising from 
    surfactants. EPA invites comment on this approach.
        The Agency also considered including monitoring requirements for 
    three additional nonconventional pollutants: aluminum, barium, and 
    fluoride; because of their regular appearance in analytical results 
    from the numerous pollutant scans reviewed during preparation of the 
    proposed rule and because published criteria exist for these three 
    conventional pollutants. But such requirements have not been included 
    on the proposed rule for the following reasons:
        (1) Toxicity problems related to excess aluminum concentrations, 
    especially for aquatic organisms, occur primarily in acidic receiving 
    waters (most often in waters with pH less than 6.0) having low hardness 
    levels (i.e., concentrations of calcium less than 2.0 mg/l). The 
    majority of effluent water analyses reviewed did not contain sufficient 
    aluminum concentrations to likely impair beneficial uses of receiving 
    waters;
        (2) Although barium regularly appeared in the pollutant scans of 
    effluents reviewed by EPA, the concentrations reported in all samples 
    remained below the 1.0 mg/l Gold Book criterion value for barium in 
    domestic water supplies; and
        (3) According to the 1972 ``Blue Book'', potentially adverse 
    physiological effects due to excess fluoride concentrations increase 
    with increasing environmental temperatures. Consequently, recommended 
    criteria for fluoride range from 1.4 to 2.4 mg/l for average annual air 
    temperatures of 50 to 91 deg.F. Concentrations for the majority of 
    reported results from the many pollutant analyses reviewed by EPA 
    revealed that although fluoride was a regular constituent of effluents, 
    in the majority of the instances it occurred at concentrations less 
    than suggested Blue Book criteria.
        At this time, based on information currently available to EPA, 
    concentrations of aluminum, barium, and fluoride in the majority of 
    effluents are generally less than those necessary to produce 
    significant risk for beneficial uses of receiving water. As such, EPA 
    concludes at this time that it is unwarranted to require all 
    dischargers to monitor for these chemicals as part of the municipal 
    application process. Individual permit writers can, nevertheless, 
    require analysis of any or all of these chemicals, wherever treatment 
    works or environmental considerations suggest that such requirements 
    are warranted. Further, EPA intends to continually review this 
    conclusion as more effluent monitoring results become available, and 
    continues to seek informed input from outside EPA on this decision.
    b. Reporting of Additional Pollutants for Some POTWs
        As discussed above, the Agency proposes to require all POTWs to 
    report information on pollutant parameters commonly associated with 
    POTW effluents. Proposed Sec. 122.21(j)(3) (see also, proposed Part A 
    in the Supplemental Application Information part of Form 2A) requires 
    the reporting of additional parameters listed in proposed Appendix J, 
    Table 2, by those POTWs that the Agency believes are most likely to 
    discharge toxic pollutants to receiving waters. Toxic pollutants may 
    interfere with POTW performance or pass through the POTW to receiving 
    waters, thus potentially causing adverse water quality impacts.
        Certain POTWs discharge toxic organic and inorganic pollutants 
    primarily as a result of contributions from non-domestic sources. 
    Section 122.21(j)(3)(iii) of today's proposal requires the applicant to 
    submit monitoring data for the pollutants listed in proposed Appendix 
    J, Table 2, if the POTW meets any one of the following criteria: (1) 
    The POTW has a design flow rate equal to or greater than 1.0 mgd; (2) 
    the POTW has a pretreatment program or is required to have one under 40 
    CFR Part 403; or (3) the POTW is otherwise required to submit this data 
    by the permitting authority.
        POTWs with a design flow equal to or greater than 1.0 mgd are 
    designated as ``major'' POTWs by the Agency. EPA estimates that roughly 
    25 percent of the approximately 16,000 POTWs nationwide have design 
    flows of at least 
    
    [[Page 62564]]
    1.0 mgd. The Agency has found that major POTWs have a high potential to 
    discharge toxic pollutants because of the strong likelihood that they 
    receive industrial wastewaters and because of the large number of 
    substances entering the treatment works from various sources. 
    Therefore, the Agency believes that it is necessary to collect toxic 
    pollutant data from these POTWs.
        EPA also proposes to require data on toxic pollutants from POTWs 
    that are required to develop pretreatment programs under 40 CFR Part 
    403. A POTW is required to develop a pretreatment program if it 
    receives discharges from significant industrial users that may 
    interfere with the POTW or pass through the treatment works. 
    Approximately ten percent (approximately 1,500) of all POTWs have or 
    are required to develop pretreatment programs. Most POTWs with 
    pretreatment programs are also major POTWs, and so this criterion only 
    slightly expands the requirements of this provision.
        In addition to POTWs with design flows greater than or equal to 1.0 
    mgd and POTWs with pretreatment programs, EPA is proposing to allow the 
    permitting authority to require any other POTW to submit monitoring 
    data for some or all of the pollutants listed in proposed Appendix J, 
    Table 2. The Agency would recommend that the permitting authority 
    require an applicant to perform a complete or partial pollutant scan if 
    toxicity is known or suspected in a POTW's effluent. Alternatively, if 
    the facility's effluent causes adverse water quality effects, or if the 
    POTW discharges to an impaired receiving water, the permit writer could 
    require the applicant to provide analytical results from a complete 
    pollutant scan.
        The permit writer could also require the applicant to test for 
    these parameters depending on the number or kinds of industrial users. 
    EPA is proposing to grant the permit writer such discretion because 
    smaller POTWs that receive industrial contributions also have the 
    potential to discharge toxic pollutants. Although a POTW with a design 
    flow less than 1.0 mgd may not have as great a volume of toxic 
    pollutants entering its treatment system as a larger POTW, the impact 
    of its industrial users could easily be more pronounced due to other 
    considerations, such as smaller treatment capacity or an effluent-
    dominated receiving stream. Testing for toxic pollutants would provide 
    the information needed to write a protective permit for such a POTW.
        The Agency solicits comments on the above criteria for determining 
    which POTWs must test effluent for the pollutants in proposed Appendix 
    J, Table 2. The Agency also solicits comment on whether other POTWs 
    should be required to sample for some or all of these pollutants. 
    Alternatively, the Agency solicits comment as to whether other POTWs 
    should be required to provide any existing data on these pollutants. 
    Such data would be important information in conducting watershed 
    assessments.
        The proposed approach for determining which POTWs must submit data 
    on toxic pollutants is not the only approach being considered by the 
    Agency. Among the alternatives being considered is one that would 
    expand upon the approach described above, and require toxics data from 
    two groups of non-pretreatment minors, each of which includes about 
    half of all minor POTWs. In this approach, POTWs with a population 
    between 1,000 and 10,000 (and not otherwise required to report as 
    described above) would be required to provide a single pollutant scan 
    for the Metals, Cyanide, and Total Phenols and the Volatile Organics 
    groups in proposed Appendix J, Table 2. POTWs with a population of less 
    than 1,000 (and not otherwise required to report as described above) 
    would be required to provide a single scan for certain metals (i.e., 
    cadmium, chromium, copper, lead, nickel, zinc, silver, and mercury). 
    The Agency specifically solicits comment on this alternative approach. 
    Commenters are requested to address the suggested cutoff points for 
    different levels of reporting, the pollutants for which reporting is 
    suggested, and the number of samples that should be required.
        EPA proposes that POTWs meeting the three criteria enumerated above 
    monitor for the pollutants in proposed Appendix J, Table 2, and any 
    other pollutants for which there are established State water quality 
    standards. Proposed Table 2 is a subset of the priority pollutants list 
    previously described. As discussed in the background discussion of this 
    preamble, these pollutants are regulated under the CWA and have been 
    identified by Congress and/or EPA as potential threats to human health 
    or aquatic life. Proposed Table 2 also includes total phenols, a 
    parameter commonly used as an indicator pollutant for certain priority 
    pollutants. Also as discussed, EPA and most States have developed 
    numeric criteria and standards for most of these pollutants.
        Proposed Appendix J, Table 2 represents pollutants that have been 
    identified in priority pollutant scans of effluent from POTWs. Permit 
    writers will be able to use data on these pollutants as a basis to 
    derive appropriate permit limits.
        The Agency is proposing to not require pollutant data for certain 
    priority pollutants (i.e., dioxin, asbestos, and priority pollutant 
    pesticides). Available information on the occurrence of asbestos, 
    dioxin, and priority pollutant pesticides reveals that these pollutants 
    rarely occur at detectable levels in POTW effluents. Absent information 
    to the contrary, the Agency does not consider asbestos to be a 
    pollutant of concern in municipal wastewater effluents. Dioxin, while 
    nearly ubiquitous, is present in such minute amounts in those 
    industrial outfalls where it is known to be present in relatively high 
    concentrations, that the Agency does not believe that, in general, it 
    is appropriate to require POTWs to monitor for the pollutant at the 
    POTW outfall, due to the high level of dilution in municipal 
    wastestreams. Permitting authorities may wish to require such 
    monitoring on a case-by-case basis if there is reason to believe that 
    dioxin may be present in measurable amounts. To the extent that 
    priority pollutant pesticides, including, for example, DDT and PCBs, 
    appear in municipal wastestreams, the Agency believes that their 
    presence is due, for the most part, to background concentrations, 
    rather than to new introductions by discharges to the POTW. Where these 
    pesticides result in toxicity problems or where other conditions merit, 
    the Agency believes that permitting authorities should require sampling 
    for them on a case-by-case basis. In the alternative, the Agency is 
    considering adding pesticides to the list of required pollutants in 
    proposed Appendix J, Table 2. The Agency solicits comment on whether 
    routine monitoring and screening should be required for pesticides from 
    all POTWs meeting the criteria of proposed Sec. 122.21(j)(3)(iii) or 
    whether the proposed approach is the appropriate one.
        EPA also solicits comment on alternative ways to collect 
    information in permit application about pollutants that occur in low 
    levels, such as dioxin, or that otherwise present water quality 
    concerns even in highly dilute effluent. As discussed previously, the 
    proposal would require information about significant industrial users 
    from certain POTWs so the permit writer should have sufficient 
    knowledge about the potential for pass through of such pollutants. The 
    Agency is interested in commenters' views on the adequacy of SIU 
    identification for the purposes of developing adequate POTW permit 
    limitations. Proposed Sec. 122.21(j)(3) 
    
    [[Page 62565]]
    would also require that POTWs meeting the above criteria monitor for 
    pollutants not listed in proposed Appendix J, Table 2, for which the 
    State or EPA have established State water quality standards (see 
    discussion in Background section of this preamble). A number of States 
    have established water quality standards for pollutants not listed as 
    CWA sec. 307(a) priority pollutants. For the reasons stated in the 
    above paragraph, the Agency believes that it is appropriate to require 
    sampling for these pollutants, as well.
        In addition, EPA considered, but is not proposing, requiring 
    applicants to monitor for other pollutants, such as those on the ``Gold 
    Book'' list of Federal Water Quality criteria, those regulated under 
    the Safe Drinking Water Act, or those on data bases such as the Toxics 
    Release Inventory System (TRIS), the Aquatic Toxicity Information 
    Retrieval data base (AQUIRE), and the Integrated Risk Information 
    System (IRIS). The Agency determined that adding these other pollutants 
    to the list of pollutants proposed would impose additional monitoring 
    and reporting requirements on the applicant, at substantial additional 
    cost, but without significant benefit. Additionally, not all pollutants 
    on these lists have been assigned numeric criteria. Moreover, available 
    information reviewed by EPA does not indicate that these chemicals 
    occur with either sufficient frequency or at high enough concentrations 
    in typical POTW effluents to support their inclusion among pollutants 
    for which monitoring is proposed to be uniformly required.
        Under today's proposal, in proposed 122.21(j)(3)(v), permit writers 
    would have the option to require monitoring and reporting for any other 
    potentially toxic chemicals for which the authority has a reasonable 
    basis to suspect that such materials may be contained in POTW 
    effluents. Such basis could include the presence of industrial users 
    known to release chemicals not included among the pollutants for which 
    routine analyses are otherwise required. EPA invites comments on all 
    aspects of this proposal that would allow for case-by-case information 
    requests that might otherwise extend the time involved in streamlined 
    permit issuance procedures.
        In addition, EPA solicits comment on whether to require applicants 
    to summarize and report, as part of the application process, analytical 
    results for any toxic pollutant determined during the three-year period 
    preceding the application to be a known or likely constituent of the 
    facility's discharge. That is, when an applicant has reason to know or 
    suspect the presence of other toxic constituents in their effluents, 
    its reporting requirements would not necessarily be limited either to 
    the general list of toxic pollutants provided by proposed Appendix J, 
    Tables 1 and 2, or to specific monitoring requirements placed on the 
    applicant by the permitting authority. EPA considers results from toxic 
    release inventory (TRI) as providing one likely basis for information 
    that could cause applicants to initiate additional effluent monitoring 
    analyses during the application process.
        Finally, the Agency is interested in providing flexibility where 
    POTWs can demonstrate that the risk of occurrence of pollutants in the 
    discharge is sufficiently small. The Agency seeks comment on whether 
    POTWs could be exempted from providing information on specific 
    pollutants where there are statistically valid data to allow the 
    permitting authority to predict the absence of particular pollutants. 
    In addition, EPA solicits comments on the appropriateness of exempting 
    POTWs from providing information about certain contaminants which are 
    detectable in only a small fraction of POTWs (e.g., less commonly 
    occurring metals such as antimony) and which would not be expected to 
    occur based on other data about the POTW or the indirect discharge.
        Other approaches to collecting pollutant data were considered for 
    proposal. EPA solicits comment on each of these, as follows:
    
    A. Types of Industrial Contributors
    
        This approach would have required monitoring for specific 
    pollutants, depending on the identity of industrial users discharging 
    to the POTW. Although this approach was supported by a number of 
    commenters in the course of our outreach efforts, it appeared to be too 
    difficult to implement for non-pretreatment POTWs. Non-pretreatment 
    POTWs are not required to do user inventories of, for example, all 
    categorical industries, and thus would probably be unaware of what 
    monitoring data to provide. On the other hand, pretreatment POTWs would 
    be required to provide entire priority pollutant scans if they had only 
    2-3 different types of industries. The Agency solicits comment on how, 
    specifically, such an approach would work and how it would benefit 
    applicants and provide permit writers with appropriate information.
    
    B. TRI as a Basis for Determining Additional Pollutants for Sampling
    
        It was suggested that we use TRI data to determine what additional 
    pollutants for which to require sampling. Although industrial user TRI 
    reports are not currently provided to POTWs by TRI-reporting 
    industries, such reporting could be required, for example, through the 
    pretreatment program. Of course, permit writers may always request TRI 
    data from EPA. At issue is whether the applicant should be required to 
    provide additional monitoring data for pollutants reported through TRI. 
    The Agency solicits comment as to whether this approach might be 
    feasible and whether it would provide useful information to the permit 
    writer that is not otherwise available.
    
    C. Existing Pollutant Data from SIUs
    
        In order to obtain information on pollutants that occur in POTW 
    discharges in low concentrations, permit writers could make use of 
    information provided to POTWs by SIUs during the term of the existing 
    permit. The Agency solicits comment on this approach, and is 
    particularly interested in whether such information could be provided 
    in lieu of requiring end-of-pipe effluent data for certain pollutants 
    (e.g., dioxin, pesticides, or other organic chemicals received 
    principally from industrial sources).
    
    D. Ambient Data
    
        Another issue considered was whether or not to require POTWs to 
    provide the results of ambient monitoring as part of the permit 
    application. Although some have suggested that this information would 
    be helpful for implementation of the watershed approach, States were 
    generally opposed to requiring POTWs to collect ambient data. The view 
    was expressed that it is the permitting authority's responsibility to 
    collect this information, and not the POTW's responsibility to provide 
    it. Nevertheless, the Agency is interested in soliciting comment as to 
    whether such data should be required.
    
    E. Bioaccumulation Data
    
        Although analytical methods to assess bioaccumulation in the 
    aquatic biota are available, they are costly compared to approved test 
    methods for pollutants in effluent. Since WET tests are an indirect 
    indicator for human health risks, the Agency is not proposing to 
    require bioaccumulation data from POTWs. However, such data are 
    directly relevant to human health risk considerations. Therefore, the 
    Agency solicits comment on whether to require bioaccumulation data. 
    Because of cost considerations, the Agency also solicits comment as to 
    what tradeoffs, in terms of other types of reporting, might make such 
    an approach acceptable. 
    
    [[Page 62566]]
    
    4. Effluent Monitoring For Whole Effluent Toxicity
        As discussed in the background section, the July 24, 1990, 
    amendments to the General Pretreatment Regulations require that certain 
    POTWs provide the results of whole effluent biological toxicity testing 
    as part of their NPDES permit application (40 CFR 122.21(j) (1)-(3)). 
    Such testing was required to have been conducted since the last NPDES 
    permit reissuance or permit modification, under 40 CFR 122.62(a), 
    whichever occurred later.
        In today's proposed rule, EPA proposes to revise this provision. 
    Proposed Sec. 122.21(j)(4) sets forth these revised requirements. 
    First, all POTWs are required to identify any biological tests the 
    applicant believes to have been conducted within three years of the 
    date of application.
        Second, as in the existing regulation, the following POTWs would be 
    required to conduct and provide the results of whole effluent 
    biological toxicity (WET) tests:
        (A) All POTWs with design influent equal to or greater than one 
    million gallons per day;
        (B) All POTWs with approved pretreatment programs or POTWs required 
    to develop a pretreatment program;
        (C) Other POTWs, as required by the Director, based upon 
    consideration of the following factors:
        (1) The variability of the pollutants or pollutant parameters in 
    the POTW effluent (based on chemical-specific information, the type of 
    treatment facility, and types of industrial contributors);
        (2) The dilution of the effluent in the receiving water (ratio of 
    effluent flow to receiving stream flow);
        (3) Existing controls on point or non-point sources, including 
    total maximum daily load calculations for the water body segment and 
    the relative contribution of the POTW;
        (4) Receiving stream characteristics, including possible or known 
    water quality impairment, and whether the POTW discharges to a coastal 
    water, one of the Great Lakes, or a water designated as an outstanding 
    natural resource; or
        (5) Other considerations (including but not limited to the history 
    of toxic impact and compliance problems at the POTW), which the 
    Director determines could cause or contribute to adverse water quality 
    impacts.
        The Agency specifically solicits comment on whether the requirement 
    to conduct WET testing should be extended to other POTWs. The Agency is 
    considering several options, including:
        (1) requiring all minor POTWs not covered under the above criteria 
    to submit the results of a minimum of one WET test, so as to allow the 
    permitting authority to scan for minor POTWs that may have toxicity 
    problems; and
        (2) where a State has identified a watershed as a priority 
    watershed, requiring one or more WET tests for all POTWs discharging to 
    the watershed.
        Third, the Agency proposes to require WET tests for each outfall 
    from the treatment works (not including CSOs), with exceptions for 
    identical outfalls similar to those proposed for pollutant specific 
    data, as discussed above. Proposed Sec. 122.21(j)(4) would require that 
    data be separately provided for each outfall through which treated 
    sanitary effluent is discharged to waters of the United States. EPA 
    proposes to allow the applicant, where the POTW has two or more 
    outfalls with substantially identical effluents discharging to the same 
    receiving stream, and with the approval of the permitting authority on 
    a case-by-case basis, to provide the results of WET testing from only 
    one outfall as representative of all such outfalls. For outfalls to be 
    considered substantially identical, they should at a minimum be located 
    at the same treatment plant, be subject to the same level of treatment 
    and have passed through the same types of treatment processes. The 
    Agency solicits comment on this approach and, particularly, on whether 
    WET test data should be separately collected from all such outfalls.
        The existing WET testing requirements do not specify the number or 
    frequency of tests required, the number of species to be used, or 
    whether to provide the results of acute or chronic toxicity tests. 
    Proposed Sec. 122.21(j)(4) sets minimum reporting requirements of four 
    quarterly tests for a year, using multiple species (no less than two 
    species, e.g., fish, invertebrate, plant), and testing for acute or 
    chronic toxicity, depending on the range of receiving water dilution. 
    This proposal is based in part on Agency guidance, and in part on 
    Agency experience in the implementation of that guidance.
        In March 1991, EPA issued guidance establishing Agency policy for 
    WET testing protocols (see ``Technical Support Document for Water 
    Quality-Based Toxics Control (1991),'' or ``TSD''). In that document, 
    the Agency recommended ``as a minimum that three species (for example, 
    a vertebrate, an invertebrate, and a plant) be tested quarterly for a 
    minimum of a year'' (see, TSD p. 58). In making this recommendation, 
    the Agency explained that the use of three species is more protective 
    than two species since a wider range of species sensitivity can be 
    measured. In practice, however, a number of permitting authorities are 
    only requiring the use of two species. Since existing requirements for 
    using three species are less common, the Agency proposes to require the 
    use of ``multiple species.'' The Agency proposes this as a minimum 
    requirement, and does not intend it as a change in the policy 
    recommendations outlined in the TSD.
        In setting a minimum frequency of quarterly testing for a year, the 
    Agency indicated that this was recommended to adequately assess the 
    variability of toxicity observed in effluents, as follows:
    
        Below this minimum, the chances of missing toxic events 
    increase. The toxicity test result for the most sensitive of the 
    tested species is considered to be the measured toxicity for a 
    particular effluent sample.
        The data generation recommendations * * * represent minimum 
    testing requirements. Since uncertainty regarding whether or not an 
    effluent causes toxic impact is reduced with more data, EPA 
    recommends that this test frequency be increased where necessary to 
    adequately assess effluent variability. If less frequent testing is 
    required in the permit, it is preferable to use three species tested 
    less frequently than to test the effluent more frequently with only 
    a single species whose sensitivity to the effluent is not well 
    characterized. (TSD, p. 59)
    
        It is the Agency's understanding that many permitting authorities 
    currently require quarterly testing. While other permitting authorities 
    require less frequent monitoring, at least from some facilities, in 
    many instances such information is being collected on a yearly basis. 
    This proposal would only require one cycle of quarterly testing within 
    three years of the date of the permit application (i.e., only once in 
    five years). The Agency solicits comment on whether this is an 
    appropriate frequency, and specifically whether permitting authorities 
    should be allowed to waive quarterly testing on a case-by-case basis. 
    Commenters should indicate what specific criteria would have to be met 
    for such a waiver.
        The current whole effluent toxicity testing requirements, at 
    Sec. 122.21(j), do not specify whether applicants should test for acute 
    or chronic toxicity. An acute toxicity test is defined as a test of 96-
    hours or less in duration in which lethality (of the test organism) is 
    the measured endpoint. A chronic toxicity test is defined as a long-
    term test in which sublethal effects, such as fertilization, growth, 
    and reproduction, are usually measured, in addition to lethality. (TSD, 
    p.4.) 
    
    [[Page 62567]]
    
        The Agency proposes that testing for acute or chronic toxicity be 
    based upon the ratio of receiving water to effluent at the edge of the 
    mixing zone. The term ``mixing zone'' refers to an area around an 
    outfall within which a State may allow ambient concentrations above 
    water quality criteria levels. States may have two or more mixing zones 
    (e.g., an acute mixing zone, beyond which acute criteria must be met, 
    and a chronic mixing zone, beyond which chronic criteria must be met). 
    Not all States allow calculation of effluent limitations using mixing 
    zones, and mixing zones are not universally allowed by States that do 
    allow use of mixing zones. For purposes of determining whether acute or 
    chronic toxicity testing is appropriate, the ratio of receiving water 
    to effluent should be considered at the point nearest to the outfall 
    where water quality criteria are required to be met. This proposal 
    incorporates the recommendations of the 1991 TSD, which stated that 
    applicants should conduct acute or chronic testing based upon the 
    following dilutions:
        (A) Acute toxicity testing if the dilution of the effluent is 
    greater than 1000:1 at the edge of the mixing zone;
        (B) Acute or chronic toxicity testing if the dilution of the 
    effluent is between 100:1 and 1000:1 at the edge of the mixing zone. 
    Acute testing may be more appropriate at the higher end of this range 
    (1000:1), and chronic testing may be more appropriate at the lower end 
    of this range (100:1); and
        (C) Chronic testing if the dilution of the effluent is less than 
    100:1 at the edge of the mixing zone. (See TSD, pp. 58-59.) In order to 
    determine the proper dilution ratio, measurement should be made at the 
    point where chronic criteria apply. Thus, where there is a chronic 
    mixing zone, the dilution ratio should be measured at the edge of the 
    chronic mixing zone. It may be inappropriate to use an acute test if 
    there is too little dilution.
        Although the Agency is not proposing to require that applicants 
    follow these recommendations, the Agency believes that they are 
    reasonable, based on the discussion in the TSD. For example, with 
    regard to the use of chronic toxicity testing where the dilution ratio 
    falls below 100:1, the Agency stated, ``[t]he rationale for this 
    recommendation is that chronic toxicity has been observed in some 
    effluents down to the 1.0 percent effect concentration. Therefore, 
    chronic toxicity tests, although somewhat more expensive to conduct, 
    should be used directly in order to make decisions about toxic 
    impact.'' (TSD, p. 59.) The Agency solicits comment as to whether these 
    recommendations should instead be added as requirements in the final 
    rule.
        The whole effluent toxicity testing requirements that currently 
    exist, at Sec. 122.21(j), do not specify which information must be 
    reported as a result of such testing. To clarify reporting requirements 
    for the applicant and the permit writer, EPA today proposes specific 
    reporting requirements in Sec. 122.21(j)(4). First, applicants required 
    to perform WET tests under the proposed rule are required to indicate 
    the number of tests performed since permit reissuance and since any 
    modification of the permit pursuant to 40 CFR 122.62(a). It is up to 
    the permitting authority to determine whether previously submitted 
    results provide the equivalent of the information proposed to be 
    required. Proposed Sec. 122.21(j)(4)(v) sets forth in detail the 
    information that the Agency believes will provide the permit writer 
    with adequate information to determine whether the test was conducted 
    in accordance with EPA methods and protocols and whether the reported 
    results are otherwise valid. The Agency solicits comment on whether the 
    information requested is the proper information to require or whether 
    other information should be required, including for purposes of quality 
    assurance. As in the current regulatory requirements, in conducting the 
    testing, applicants must use EPA-approved methods. The Agency solicits 
    comment on this approach.
        Where biomonitoring data have been submitted to the permitting 
    authority within three years of the permit application, applicants 
    would be required to provide the dates on which such data were 
    submitted and a summary of the results of each such test. Where any WET 
    test conducted within three years prior to the permit application 
    reveals toxicity, proposed Sec. 122.21(j)(4)(vi) would require that 
    applicants, at a minimum, provide any information they may have on the 
    cause of toxicity. Further, applicants would be required to provide 
    written details of any toxicity reduction evaluation conducted. 
    Toxicity reduction evaluations (TREs) are used to investigate the 
    causes and sources of toxicity and identify the effectiveness of 
    corrective actions to reduce it. The purpose of a TRE is to help bring 
    dischargers into compliance with water quality-based whole effluent 
    toxicity requirements where monitoring indicates unacceptable effluent 
    toxicity. The permitting authority may require a permittee to conduct a 
    TRE in those cases where the discharger is unable to adequately explain 
    and immediately correct non-compliance with a whole effluent toxicity 
    permit limit or requirement. TREs may be required of permittees under 
    existing permits or through a variety of other legally binding 
    mechanisms. Since the results from TREs may have considerable impact in 
    the evaluation of municipal permit applications, this kind of 
    information would need to be available to the permit writer. It is 
    recommended that applicants conducting a TRE at the time of permit 
    application would provide a brief summary of the status and results 
    from the ongoing TRE.
        The Agency solicits comment on all of the above proposed revisions 
    to the existing WET test requirements.
    5. Industrial Discharges, Pretreatment, and RCRA/CERCLA Waste
        Today's proposed rule would require applicants to provide 
    information on industrial (non-domestic) discharges to the POTW, 
    particularly discharges from significant industrial users (SIUs). This 
    information is to be required by proposed Sec. 122.21(j)(5).
        Proposed Sec. 122.21(j)(5)(i) would require the applicant to list 
    the total number of significant industrial users (SIUs) and categorical 
    industrial users discharging to the POTW, to estimate the average daily 
    flow from these users and from all industrial (non-domestic) users, and 
    to estimate the percent of total influent contributed by each class of 
    users. This information provides the permit writer with a means of 
    determining the relative impact, individually and collectively, of 
    industrial contributions to the POTW.
        As defined in 40 CFR 403.3, the term ``industrial user'' means ``a 
    source of indirect discharge,'' which in turn is defined as the 
    introduction of pollutants into a POTW from any non-domestic source 
    regulated under sec. 307(b), (c), or (d) of the CWA. In general, this 
    term encompasses industrial and commercial sources of toxic pollutants 
    discharging to POTWs. Commercial entities such as hospitals, nursing 
    homes, restaurants, offices, and stores may be included.
        A categorical industrial user is any discharger subject to 
    categorical pretreatment standards under 40 CFR 403.6 and 40 CFR 
    Chapter I, Subchapter N. ``Significant industrial user'' is defined at 
    40 CFR 403.3(t) as any categorical industrial user and any other 
    industrial user that:
        (1) discharges an average of 25,000 gallons per day or more of 
    process wastewater to the POTW (excluding sanitary, non-contact cooling 
    and boiler blowdown wastewater);
        (2) contributes a process wastestream which makes up 5 percent or 
    more of 
    
    [[Page 62568]]
    the average dry weather hydraulic or organic capacity of the POTW; or
        (3) is designated as such by the control authority (40 CFR 
    403.12(a)) because of a reasonable potential to adversely affect the 
    POTW's operation or violate pretreatment requirements.
        Proposed Sec. 122.21(j)(5)(ii) would require POTWs with approved 
    pretreatment programs to describe any substantial modifications to the 
    POTW's pretreatment program that have not yet been approved in 
    accordance with 40 CFR 403.18. EPA is considering revising the 
    pretreatment regulations to streamline approved program requirements. 
    Such revisions may make the need for this information unnecessary.
        Proposed Sec. 122.21(j)(5)(iii) would require information on 
    individual significant industrial users (SIUs) discharging to POTWs. 
    This provision is similar to questions currently found on Standard Form 
    A. The Agency desires to incorporate into the final rule provisions 
    that reduce duplication of effort. One possible way is to allow the 
    applicant to reference substantially similar information about SIUs 
    previously submitted to the permitting authority rather than to 
    resubmit the information. The Agency solicits comments on using this 
    approach in the final rule and suggestions of other possible options. 
    EPA is also considering whether to waive, either entirely or on a case-
    by-case basis, such reporting for any POTW with an approved 
    pretreatment program under 40 CFR Part 403 that submits an annual 
    report within the year preceding its application to the extent that the 
    annual report contains information equivalent to that required in 
    proposed Section M. The Agency solicits comment on this question.
        The proposed provision requires POTWs to provide the following 
    information for each SIU: Name and mailing address, description of the 
    industrial processes affecting the discharge, principal products and 
    raw materials, average daily volume of process and non-process 
    wastewater discharged, and whether the SIU is subject to local limits 
    or categorical pretreatment standards. The description of each SIU's 
    industrial activity and its principal products and raw materials alerts 
    the permit writer to the potential presence of pollutants in the 
    discharge in concentrations that may be of concern to the POTW, and can 
    be useful in establishing permit limits. Information on the average 
    daily volume of process wastewater discharged helps the permit writer 
    to estimate pollutant loads to the POTW. Knowing the volume of non-
    process wastewater discharged will alert both the permit writer and the 
    POTW to the possibility of hydraulic overload to the system, and will 
    help the POTW minimize such occurrences.
        Currently, Standard Form A requires the applicant to identify the 
    quantities of product manufactured and raw materials used by each SIU. 
    The Agency is not proposing to require this information in today's 
    proposal because neither the amount of production nor the amount of raw 
    materials used necessarily correlates directly to the toxicity of the 
    waste stream. For example, the SIU might use all of the raw material 
    and release little into the waste stream. The Agency is instead 
    requesting a narrative description of products and raw materials 
    involved in the industrial activity.
        Standard Form A also requires the applicant to characterize each 
    SIU's industrial discharge. Although this information may be necessary 
    to establish permit limits at some POTWs, this question appears to be 
    unnecessary. In many cases, the permit writer is able to determine 
    parameters of concern from the principal products and raw materials for 
    that industrial user. In other cases the permit writer may request this 
    information on a case-by-case basis.
        The proposed provision would also require the applicant to describe 
    any problems at the POTW attributable to wastewater discharged by SIUs. 
    Identification of such problems is necessary to set permit limits for 
    pollutants that the POTW might not adequately remove, and should lead 
    to other strategies for control of toxic pollutants, such as: more 
    stringent local limits or other pretreatment requirements; best 
    management practices, if the toxic pollutants appear to be from diffuse 
    sources; or toxicity reduction evaluations (TREs), if toxicity testing 
    shows that the effluent causes an excursion above water quality 
    standards in the receiving stream. Instances of pass through and 
    interference identified in this step will alert the permit writer to 
    violations of the POTW's NPDES permit.
    6. Discharges From Hazardous Waste Sources
        Proposed Sec. 122.21(j)(6) would require applicants to provide 
    general information concerning discharges of RCRA hazardous wastes to 
    POTWs and discharges from hazardous waste cleanup or remediation sites. 
    The purpose of this information is to alert the permit writer to 
    potential concerns regarding the constituents of such discharges.
        Proposed Sec. 122.21(j)(5)(i) would require the applicant to 
    provide information about any hazardous wastes, as defined under 
    Subtitle C of the Resource Conservation and Recovery Act (RCRA), or 
    authorized State law, that are delivered to the facility by truck, 
    rail, or dedicated pipe. This requirement does not apply to RCRA 
    hazardous wastes discharged to a sewer system that mix with domestic 
    sewage before reaching the POTW, because the Domestic Sewage Exclusion 
    (sec. 1004(27) of RCRA) provides that solid or dissolved material in 
    domestic sewage is not solid waste as defined in RCRA, and therefore is 
    not a hazardous waste.
        If the POTW receives RCRA hazardous waste by truck, rail, or 
    dedicated pipe, the applicant must list, for each waste received, the 
    hazardous waste number, quantity, and method by which it is received. 
    The permit writer would use this information to coordinate appropriate 
    RCRA requirements including, where appropriate, additional permit terms 
    to address such requirements. In addition, this information will enable 
    permitting authorities to identify potential impacts in the POTW's 
    discharge.
        In order to establish appropriate permit requirements, the permit 
    writer also needs to be aware of wastewaters discharged to the POTW 
    that originate from remedial activities conducted under the 
    Comprehensive Environmental Response, Compensation and Liability Act 
    (CERCLA), the RCRA corrective action program, or other authorities. 
    POTWs are sometimes used for the disposal of wastewaters generated 
    during remediation of CERCLA (Superfund) sites or during RCRA 
    corrective action activities at industrial facilities. Paragraphs (ii)-
    (iv), in proposed Sec. 122.21(j)(6), would require the applicant to 
    identify wastewaters from remedial activities known or expected to be 
    received during the life of the permit, the origin of such wastes and 
    the treatment, if known, that such wastes receive prior to entering the 
    POTW. This information is intended to help the permit writer decide 
    whether to establish additional monitoring or permit requirements for 
    the effluent and sewage sludge.
    7. Combined Sewer Overflows
        In developing permit requirements to meet BAT/BCT using BPJ and to 
    meet applicable water quality standards for CSO discharges, the permit 
    writer requires certain information. To ensure that the permit writer 
    has the necessary 
    
    [[Page 62569]]
    information, EPA proposes to require information that reflects the 
    Agency's 1994 CSO Control Policy (see discussion in background 
    section). This paragraph is intended to complement, and not overlap, 
    other reporting that POTWs may be required to provide by the NPDES 
    authority in accordance with the CSO Control Policy.
        Proposed Sec. 122.21(j)(7)(i) would require information about the 
    combined sewer system (CSS), including a system map and system diagram 
    that describe the relevant features of the system. Applicants are also 
    required to identify the number of CSO discharge points to be covered 
    by the permit application. Because municipalities with CSOs often have 
    more than one treatment plant, different POTW permits may include 
    different outfalls from their CSS.
        Similarly, proposed Sec. 122.21(j)(7)(ii) would require that 
    applicants provide information on each outfall specifically covered by 
    the application. This includes some locational information similar to 
    that for outfalls of treated effluent in proposed Sec. 122.21(j)(2), 
    paragraphs (i) and (ii). As discussed previously, this sort of 
    locational data is consistent with Agency policy concerning the 
    reporting of such information. It also provides permitting authorities 
    with a means of locating dischargers within the U.S. Soil Conservation 
    Service watershed categorization system, a State's river basin 
    categorization system, and the U.S. Geological Survey cataloging 
    scheme.
        This provision would also require information about any monitoring 
    conducted on the outfall by the applicant and any CSO incidents that 
    occurred in the year previous to the permit application. Finally, 
    proposed Sec. 122.21(j)(7)(ii)(E) would require the permittee to 
    identify any significant industrial users (see discussion on 
    pretreatment and industrial user information) that contribute to the 
    CSO and to describe any known water quality impacts, such as beach or 
    shellfish bed closings and fish kills. The Agency considers this to be 
    a minimal amount of information to be provided to the permit writer, 
    inasmuch as the permit writer must have adequate information to 
    specifically authorize discharges at each of the identified outfalls.
    8. Contractors
        Proposed Sec. 122.21(j)(8) would require the applicant to identify 
    all contractors responsible for any operation or maintenance aspects of 
    the POTW and to specify such contractors' responsibilities. This 
    information enables the permit writer to determine who has primary 
    responsibility for the operation and maintenance of the POTW, and thus 
    determine whether a contractor should be included on the permit as a 
    co-permittee.
    9. Certification
        Proposed Sec. 122.21(j)(9) would require the signature of a 
    certifying official in compliance with 40 CFR 122.22, which requires 
    the signature of a certifying official on all NPDES applications. The 
    certification would apply to all attachments identified on the 
    application form, as well as any others included by the applicant.
    10. Revision to Pretreatment Program Requirements
        Existing Sec. 122.21(j)(iv) requires applicants with a pretreatment 
    program to provide a technical evaluation of the need to revise local 
    limits, under 40 CFR 403.5(c)(1). Since 1990, when that requirement was 
    promulgated, the Agency has received numerous requests to change the 
    provision to make it effective after the date of permit issuance. The 
    concern has been raised that a POTW most needs to review its local 
    limits after permit reissuance, when new permit limits are in place, 
    rather than prior to permit reissuance.
        The Agency agrees with these comments and proposes to make this 
    change. In order to be clear, the provision has been reworded and is 
    proposed to be moved to 40 CFR 403.8(f)(4), with the existing POTW 
    pretreatment program requirements. The Agency solicits comment on this 
    approach.
    
    C. Application Requirements for TWTDS (40 CFR 122.21(q))
    
        Under Sec. 122.21(d)(3)(ii), POTWs and other treatment works 
    treating domestic sewage (TWTDS) are currently required to submit the 
    sewage sludge information listed at Sec. 501.15(a)(2) with their permit 
    applications. Today EPA proposes regulatory language at Sec. 122.21(q) 
    to update the information that must be reported. Proposed revised 
    Sec. 501.15(a)(2) would reference the requirements of proposed 
    Sec. 122.21(q). EPA also proposes a new form, Form 2S, for collection 
    of this information. Section (q) would require all TWTDS, except 
    ``sludge-only'' facilities, to report information regarding sewage 
    sludge generation, treatment, use, and disposal. The permitting 
    authority may also require a ``sludge-only'' facility to submit a 
    permit application containing this information. These proposed new 
    requirements are intended to clarify existing sewage sludge application 
    requirements, as necessary to implement the Agency's Part 503 standards 
    for sewage sludge use or disposal.
        As with the proposed POTW application requirements, the Agency does 
    not wish to require redundant reporting by TWTDS. Thus, the Agency is 
    proposing to allow a waiver for information required to be reported 
    under Sec. 122.21(q) similar to that proposed for Sec. 122.21(j). This 
    would allow the Director to waive any requirements in proposed 
    paragraph (q) if the Director has access to substantially identical 
    information. The Agency solicits comment on this approach and the 
    proposed conditions for allowing such a waiver.
        Also as with the proposed POTW application requirements, the Agency 
    also solicits comment on ways to allow the permit writer or permitting 
    authority discretion in waiving particular information where the 
    permitting authority determines that such information is not necessary 
    for the application. In other words, there may be flexible ways to look 
    at each applicant in light of the overall ``matrix of characteristics'' 
    regarding a particular facility. Where, for example, historical data 
    indicate that additional sampling is not warranted unless other 
    conditions have changed, the Agency is considering waiving such 
    sampling. Such flexibility would involve a holistic approach to 
    implementing these proposed requirements, and the Agency solicits 
    comment as to ways in which it could be accomplished without making 
    these provisions entirely discretionary, so that one could predict the 
    exercise of discretion. This might be particularly relevant on the 
    second and subsequent rounds of permitting under these proposed 
    provisions. The Agency also seeks comment on what information might be 
    appropriate and what information might be inappropriate for such 
    waivers.
    1. Facility Information
        Proposed Sec. 122.21(q)(1) would require summary information on the 
    identity, size, location, and status of the facility. Proposed 
    paragraph (ii) would request that the facility location be described by 
    latitude and longitude to the nearest second. This information meets 
    the specifications of EPA's Locational Data Policy and supports the 
    Watershed Protection Approach, by providing permit writers and other 
    Federal and State environmental managers with a means of geographically 
    locating potential sources of polluted runoff. EPA believes that this 
    change would 
    
    [[Page 62570]]
    merely clarify, without expanding, an existing reporting requirement.
    2. Applicant Information
        Proposed Sec. 122.21(q)(2) would require information concerning the 
    identity of the applicant and its status as a Federal, State, private, 
    public, or other entity.
    3. Permit Information
        Proposed Sec. 122.21(q)(3) restates the Sec. 501.15(a)(2)(v) 
    requirement that the applicant list the facility's NPDES permit number 
    and any other permit numbers or construction approvals received or 
    applied for under various authorities.
    4. Federal Indian Reservations
        Proposed Sec. 122.21(q)(4) clarifies existing 
    Sec. 501.15(a)(2)(iv), which asks only ``whether the facility is 
    located on Indian Lands.'' A sewage sludge use or disposal permit, 
    however, may cover activities occurring beyond the boundaries of the 
    ``facility.'' Therefore, the proposed paragraph asks whether any 
    generation, treatment, storage, land application, or disposal of sewage 
    sludge occurs on a Federal Indian Reservation. EPA believes that this 
    information will better enable the permit writer to identify the proper 
    permitting authority and applicable requirements.
    5. Topographic Map
        Proposed Sec. 122.21(q)(5) would require the applicant to submit 
    the following information on a topographic map (or maps) depicting the 
    area one mile beyond the property boundaries of the TWTDS: All sewage 
    sludge management facilities, all water bodies, and all wells used for 
    drinking water listed in public records or otherwise known to the 
    applicant within 1/4 mile of the property boundaries. This proposed 
    requirement is different from the existing topographic map requirement 
    at Sec. 501.15(a)(2)(vi) in that the proposed requirement asks for 
    information on use and disposal sites rather than just disposal sites. 
    EPA believes that it is just as important to get information on land 
    application sites as on disposal sites. Neither the existing nor the 
    proposed requirements request a map for sites that extend more than a 
    mile beyond the TWTDS's property boundary. The permitting authority 
    could request maps of all use or disposal sites if they believe that 
    this information is necessary to develop adequate permits. EPA requests 
    comments on whether maps should be required for all use or disposal 
    sites, or whether this requirement should be modified in some other 
    way.
    6. Sewage Sludge Handling
        Proposed Sec. 122.21(q)(6) would require the applicant to prepare a 
    flow diagram, and/or a narrative description that identifies all sewage 
    sludge management practices (including on-site storage) to be employed 
    during the life of the permit. EPA believes that this information is 
    necessary because the applicant may employ sewage sludge management 
    practices not covered under the more specific questions proposed in 
    today's rule. To draft a complete permit, the permit writer must be 
    aware of all sewage sludge storage, use, or disposal practices that may 
    have an adverse affect on public health and the environment. EPA 
    requests comments on whether more specific information about on-site 
    and off-site storage of sewage sludge should be required of permit 
    applicants.
    7. Sewage Sludge Quality
        Currently, Sec. 501.15(a)(2)(vii) requires applicants to report 
    ``any sludge monitoring data the applicant may have.'' However, this 
    requirement neither identifies the parameters that must be reported nor 
    provides a mechanism for reporting this information. Proposed Form 2S 
    and Sec. 122.21(q)(7) would address this need by requiring monitoring 
    data for specific parameters in sewage sludge that is used or disposed.
        Proposed paragraph (i) of Sec. 122.21(q)(7) would require all Class 
    I sludge management facilities to submit the results of at least one 
    toxicity characteristic leaching procedure (TCLP) conducted during the 
    last five years to determine whether the sewage sludge is a hazardous 
    waste. The TCLP is described in 40 CFR Part 261, Appendix II, and is a 
    method for determining whether a solid waste exhibits the 
    characteristic of toxicity, in accordance with 40 CFR 261.24. 40 CFR 
    Part 503 does not establish requirements for the use or disposal of 
    sewage sludge determined to be hazardous under the procedures in 
    Appendix II of 40 CFR Part 261 and Sec. 261.24. Hazardous sewage sludge 
    must be used or disposed of in accordance with the hazardous waste 
    regulations in 40 CFR Parts 261-268, or authorized State law. Using the 
    results of the hazardous waste test, the permitting authority will 
    determine which requirements apply to the use or disposal of the 
    applicant's sewage sludge. EPA requests comments on whether facilities 
    should be allowed to use a method other than a TCLP to show that their 
    sewage sludge is non-hazardous and whether non-Class I sludge 
    management facilities should be required to perform a TCLP.
        Proposed paragraph (ii) of Sec. 122.21(q)(7) would require all 
    applicants to submit data on individual pollutants in the sewage 
    sludge. Existing data could be submitted if it were two years old or 
    less. EPA is proposing a two-tier approach for collection of pollutant 
    data that is based on whether the treatment works has an industrial 
    wastewater pretreatment program.
        Under the two-tier approach, Class I sludge management facilities 
    would submit sewage sludge data for the pollutants listed in proposed 
    40 CFR Part 122, Appendix J, Table 2 (``Effluent and Sewage Sludge 
    Parameters for Selected POTWs and Treatment Works Treating Domestic 
    Sewage'') and Table 3 (``Other Effluent and Sewage Sludge Parameters 
    for Treatment Works Treating Domestic Sewage and Selected POTWs'') and 
    for other selected pollutants, as part of the application for a permit 
    for the use or disposal of sewage sludge. Other TWTDS would be required 
    to submit data for the pollutants regulated in Part 503 and for other 
    selected pollutants.
        a. Class I sludge management facilities. A Class I sludge 
    management facility is any POTW required to have an approved 
    pretreatment program under 40 CFR 403.8(a) and any TWTDS classified as 
    a Class I sludge management facility because of the potential for the 
    TWTDS's sewage sludge use or disposal practice to affect public health 
    and the environment adversely. Under today's proposal a Class I sludge 
    management facility would submit sewage sludge concentration data for 
    all the priority pollutants, except asbestos, as listed in Tables 2 and 
    3 of Appendix J; for the Part 503 pollutants; and for total kjeldahl 
    nitrogen (TKN), ammonia, nitrate, and phosphorus (total).
        EPA is proposing to require Class I sludge management facilities to 
    submit data on the priority pollutants because they are known to have 
    adverse effects on human health and the environment and are of concern 
    to the general public. Since sewage sludge from Class I sludge 
    management facilities has an industrial component, it is important to 
    reassure the public that this sewage sludge will not cause harm if it 
    is used or disposed according to Part 503. A pollutant scan every five 
    years should help promote the beneficial use of sewage sludge by 
    demonstrating its quality. If any pollutants that are not regulated by 
    Part 503 show up in the scan, the results would enable the permitting 
    authority to determine whether additional permit 
    
    [[Page 62571]]
    conditions (i.e., in addition to the requirements in Part 503) are 
    necessary to protect public health and the environment.
        Many Class I sludge management facilities are already required by 
    their pretreatment program to monitor their sewage sludge for these 
    pollutants. In addition, many State sewage sludge programs require 
    monitoring for some or all of these pollutants. EPA seeks comments on 
    this approach.
        Section 405(d) of the CWA contemplates a phased approach to 
    establishing numerical limits for pollutants in sewage sludge that is 
    used or disposed. Moreover, sec. 405(d)(2)(D) of the CWA provides that 
    ``[f]rom time to time, but not less often than every 2 years, the 
    Administrator shall review the regulation * * * for the purpose of 
    identifying additional pollutants and promulgating regulations for such 
    pollutants * * *.''
        The Standards for the Use or Disposal of Sewage Sludge that were 
    published on February 19, 1993, constitute Round One of EPA's sewage 
    sludge standards program. The Agency has identified a tentative list of 
    pollutants for which limits will be established in a Round Two 
    regulation (i.e., an amendment to the Round One regulation) and has 
    announced a tentative schedule for the publication of that amendment.
        Pollutants on the tentative list for the Round Two regulation 
    include acetic acid (2,4,-dichlorophenoxy), aluminum, antimony*, 
    asbestos, barium, beryllium*, boron, butanone (2-), carbon disulfide, 
    cresol (p-), cyanide (soluble salts and complexes)*, dioxin/
    dibenzofuran (all monochloro to octochloro congeners), endsulfan-II, 
    fluoride, manganese, methylene chloride*, nitrate*, nitrite*, 
    pentachloronitrobenzene, phenol*, phthalate (bis-2-ethylhexyl)*, 
    polychlorinated biphenyls (co-planar), propanone (2-), silver*, 
    thallium*, tin, titanium, toluene*, trichlorophenoxyacetic acid (2,4,5-
    ), trichlorophenoxypropionic acid ([2-(2,4,5-)], and vanadium. EPA has 
    indicated that it retains the discretion either to add to or delete 
    pollutants from the above list of pollutants.
        The Agency is considering adding the above pollutants to the list 
    of pollutants for which data have to be submitted by Class I sludge 
    management facilities with a permit application. Eleven of the above 
    pollutants are included in Tables 2 or 3 of proposed Appendix J or are 
    nutrients (see pollutants marked with an asterisk). Therefore, this 
    approach would require that Class I sludge management facilities submit 
    data for 20 additional pollutants. The Agency requests comments on this 
    proposal.
        b. All TWTDS. Part 503 contains pollutant limits for ten inorganic 
    pollutants for sewage sludge that is land applied (subpart B), three 
    inorganic pollutants for sewage sludge placed on an unlined surface 
    disposal site (subpart C), and five inorganic pollutants for sewage 
    sludge fired in a sewage sludge incinerator (subpart E). There are no 
    pollutant limits in Part 503 for sewage sludge placed on a lined 
    surface disposal site or for sewage sludge placed in a municipal solid 
    waste landfill unit.
        The pollutants for which limits are included in Part 503 are 
    arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel, 
    selenium, and zinc. Part 503 also contains an operational standard for 
    pathogens (i.e., fecal coliform, Salmonella sp. bacteria, enteric 
    viruses, and viable helminth ova) and for total hydrocarbons (THC). The 
    operational standards for pathogens are values that can not be exceeded 
    in sewage sludge and the operational standard for THC is a value that 
    can not be exceeded in the air emissions for a sewage sludge 
    incinerator stack.
        With today's rulemaking, EPA proposes that applicants for a sewage 
    sludge use or disposal permit submit sewage sludge concentration data 
    for all of the Part 503 inorganic pollutants. The permitting authority 
    needs to determine whether a TWTDS can change its use or disposal 
    practice if the need arises. Data for all of the Part 503 pollutants 
    will help the permitting authority make that determination.
        The Agency is aware that many TWTDS employ only one sewage sludge 
    use or disposal practice, and that such treatment works may object to 
    submitting data for pollutants that are not regulated for that 
    practice. Nevertheless, EPA believes that the additional information 
    burden to collect and submit data for all of the Part 503 pollutants is 
    offset by the value of the data to the permitting authority. The Agency 
    solicits comments on whether an applicant should be required to submit 
    data only for the pollutants regulated for the TWTDS's use or disposal 
    practice.
        As indicated previously, EPA also proposes that all applicants 
    submit sewage sludge data for TKN, ammonia, nitrate-nitrogen, and total 
    phosphorus with a permit application. In addition, the percent solids 
    of the sewage sludge that is used or disposed of would have to be 
    reported. Percent solids is required to ensure that all sewage sludge 
    data can be converted to dry weight values.
        Information on the nitrogen and phosphorus content of sewage sludge 
    is needed for several reasons. One important use of the nitrogen data 
    is to help the permit writer to evaluate the design of the agronomic 
    rate for a land application site. Part 503 requires that sewage sludge 
    be land applied at a rate that is equal to or less than the agronomic 
    rate for the application site. The Agency also can use the data on 
    nutrients in sewage sludge in future considerations as to whether to 
    establish limits for nitrogen and phosphorus in sewage sludge.
        The Agency is also considering adding certain pathogens to the list 
    of pollutants for which data would be required with an application. 
    These include Salmonella sp. bacteria, enteric viruses, and viable 
    helminth ova. Part 503 contains density levels for these microorganisms 
    that cannot be exceeded in sewage sludge that is used or disposed. In 
    addition to pathogens, the Agency is also considering requesting data 
    for fecal coliform, which is used in Part 503 as a pathogen indicator. 
    The permitting authority would use these data to determine whether the 
    sewage sludge meets the Class A or Class B pathogen requirements in 
    Part 503. Pathogen data only would have to be submitted by persons who 
    land apply or place sewage sludge in a surface disposal site. EPA is 
    seeking comments on this issue as part of today's proposal.
        Results of current efforts within the Agency may require that 
    limits be established prior to the Round Two sewage sludge regulation, 
    for dioxin/dibenzofuran and co-planar polychlorinated biphenyls (PCBs) 
    in sewage sludge that is used or disposed. Dioxin/dibenzofuran is a 
    carcinogen that is highly toxic in low concentrations. Because the 
    chemical structure of co-planar PCBs is similar to the chemical 
    structure of dioxin/ dibenzofuran, they are expected to have similar 
    human health effects (i.e., toxic in low concentrations). Data for 
    these two pollutants could be used to develop Part 503 limits for these 
    pollutants or to evaluate the Part 503 limits. For this reason, the 
    Agency is considering requesting all TWTDS to submit data for these 
    pollutants with a sewage sludge permit application. EPA seeks comments 
    on whether TWTDS who are not Class I sludge management facilities 
    should be required to submit data on these two pollutants.
    8. Requirements for a Person Who Prepares Sewage Sludge
        Proposed Sec. 122.21(q)(8) identifies permit application 
    information that a person who prepares sewage sludge for 
    
    [[Page 62572]]
    use or disposal would be required to submit. A ``person who prepares,'' 
    as defined at 40 CFR 503.9(r), is ``either the person who generates 
    sewage sludge during the treatment of domestic sewage in a treatment 
    works or the person who derives a material from sewage sludge.'' This 
    section would thus pertain to any POTW or other treatment works that 
    generates sewage sludge. It also would include facilities (such as 
    composting operations) that receive sewage sludge from another facility 
    and then derive a material from that sewage sludge.
        Paragraphs (i) and (ii) of proposed Sec. 122.21(q)(8) would request 
    information on the amount of sewage sludge ``prepared'' at the 
    facility. This includes the amount generated (paragraph (i)) plus any 
    other amount that is received from off-site (paragraph (ii)). These 
    paragraphs are intended to clarify the existing requirement at 
    Sec. 501.15(a)(2)(x), which tells the applicant to report annual sludge 
    production volume. Paragraph (ii) would also solicit information on 
    sewage sludge treatment practices at any off-site facility from which 
    sewage sludge is received. The off-site facility providing the sewage 
    sludge is, by definition, also a ``person who prepares,'' and, 
    therefore, would also be subject to sludge permitting requirements. EPA 
    believes that information on the delivering facility enables the permit 
    writer to assess the quality of sewage sludge received by the 
    applicant. It also fosters more appropriate allocation of permit 
    requirements between the applicant's facility and an off-site ``person 
    who prepares.''
        As in the case of the Municipal Application regulations, the Agency 
    desires to incorporate into the final rule provisions that reduce 
    duplication of effort. One possible way is to allow the applicant to 
    reference substantially similar information previously submitted to a 
    permitting authority rather than resubmit the information. The Agency 
    solicits comments on using this approach in the final rule and 
    suggestions of other possible options.
        Before sewage sludge is applied to the land or placed on an active 
    sewage sludge unit, it must meet the requirements for pathogen 
    reduction in Sec. 503.32 and for vector attraction reduction in 
    Sec. 503.33. Therefore, paragraph (iii) of proposed Sec. 122.21(q)(8) 
    would request information on sewage sludge treatment processes at the 
    applicant's facility, including pathogen or vector attraction reduction 
    processes. The permit writer needs to know whether pathogen and vector 
    attraction reduction requirements are met at the applicant's facility 
    and thus should be addressed in the applicant's permit. If these 
    requirements are not met by the applicant, pathogen and vector 
    attraction reduction must be met by a subsequent ``person who 
    prepares'' or the owner/operator of a surface disposal site.
        ``Exceptional quality'' (EQ) sewage sludge must meet the ceiling 
    concentrations in 40 CFR 503.13(b)(1), the pollutant concentrations in 
    Sec. 503.13(b)(3), the Class A pathogen requirements in Sec. 503.32(a), 
    and one of the vector attraction reduction requirements in Sec. 503.33 
    (b)(1) through (b)(8). Because of its high quality, ``EQ'' sewage 
    sludge is not subject to the general requirements of Sec. 503.12 or the 
    management practices of Sec. 503.14. Therefore, fewer permitting and 
    permit application requirements pertain to facilities generating such 
    sewage sludge. Proposed paragraph (iv) of Sec. 122.21(q)(8) would ask 
    for the amount of sewage sludge that is applied to the land. EPA 
    believes that this information is all that is needed to develop sewage 
    sludge conditions for such a facility. Under paragraph (iv), the 
    applicant would not need to provide the other, more-detailed, 
    information in proposed Sec. 122.21(q)(8) paragraphs (v) and (vi) for 
    sewage sludge meeting ``EQ'' criteria.
        The existing requirement at Sec. 501.15(a)(2)(viii) asks for the 
    ``name of any distributors when the sludge will be disposed of through 
    distribution and marketing.'' This requires the names of any facilities 
    that sell or give away ``EQ'' sewage sludge. EPA believes that ``EQ'' 
    sewage sludge should be treated similarly to other fertilizers. Thus, 
    the Agency believes that the names of distributors should not be 
    required and is proposing to delete the requirement at 
    Sec. 501.15(a)(2)(viii). The Agency seeks comments on this approach.
        Paragraph (v) of proposed Sec. 122.21(q)(8) would seek information 
    on sewage sludge that is not ``EQ,'' but is nevertheless placed in a 
    bag or other container for sale or give-away for application to the 
    land. Under Part 503, such sewage sludge must meet the Class A pathogen 
    requirements in Sec. 503.32(a) and one of the vector attraction 
    reduction requirements in Sec. 503.33(b)(1) through (8). In addition, 
    the sewage sludge must meet either the pollutant concentrations in 
    Table 3 of Sec. 503.13 or the annual pollutant loading rates (APLRs) in 
    Table 4 of Sec. 503.13. If this sewage sludge meets the Table 3 
    pollutant concentrations, it is ``EQ'' sewage sludge and thus would be 
    subject to proposed paragraph (iv). Proposed paragraph (v) would only 
    apply to sewage sludge subject to the Table 4 APLRs that is placed in a 
    bag or other container for application to the land. EPA proposes to 
    require that the applicant employing this type of sewage sludge use 
    provide the volume of sewage sludge placed in bags or other containers 
    and a copy of all labels or notices that accompany the product being 
    sold or given away.
        Paragraph (vi) of proposed Sec. 122.21(q)(8) would seek information 
    about any other ``person who prepares'' who receives sewage sludge from 
    the applicant's facility. This information helps the permit writer to 
    identify which permit requirements should apply to the applicant and 
    whether the subsequent preparer needs to obtain a permit. Paragraphs 
    (C) and (E) of proposed paragraph (vi) would provide the permit writer 
    with necessary information on the quality of the sewage sludge that is 
    ultimately land applied. This information also enables the permit 
    writer to identify activities of the subsequent ``person who prepares'' 
    that may subject the applicant to additional regulation or permit 
    requirements. Therefore, these requirements would ensure that the 
    sewage sludge will meet all applicable Part 503 requirements at the 
    time of land application, regardless of the number of parties involved. 
    One possible way to obtain this information is to allow the applicant 
    to reference substantially similar information previously submitted to 
    a permitting authority rather than resubmit the information. The Agency 
    solicits comments on using this approach in the final rule and 
    suggestions of other possible options.
    9. Land Application of Bulk Sewage Sludge
        Proposed Sec. 122.21(q)(9) would request information on sewage 
    sludge that is land applied in bulk form. This section would apply only 
    where the applicant's permit must contain all applicable Part 503 
    requirements for land application. This section would not apply if the 
    applicant generates ``EQ'' sewage sludge subject to proposed 
    Sec. 122.21(q)(8)(iv), or if the applicant places sewage sludge in a 
    bag or other container for sale or give-away for application to the 
    land subject to proposed Sec. 122.21(q)(8)(v). In neither of these 
    cases is it necessary to control the ultimate land application through 
    a permit and thus the applicant would not need to provide this 
    information as part of the application. The section also would not 
    apply if the applicant provides sewage sludge to another ``person who 
    prepares'' subject to proposed Sec. 122.21(q)(8)(vi). In this case, the 
    ultimate land application would be 
    
    [[Page 62573]]
    controlled by the subsequent ``person who prepares.''
        Paragraph (i) of proposed Sec. 122.21(q)(9) would clarify the 
    existing requirement at Sec. 501.15(a)(2)(x) which tells the applicant 
    to report annual sludge production volume. Paragraph (ii) asks how the 
    applicant will satisfy the Sec. 503.12(i) notification requirement for 
    land application sites in a State other than the State where the sewage 
    sludge is prepared.
        Paragraph (A) of proposed Sec. 122.21(q)(9)(iii) would ask the 
    applicant to identify the land application site. This question would 
    request locational information which supports the Watershed Protection 
    Approach, by providing permit writers and other Federal and State 
    environmental managers with a means of geographically locating 
    potential sources of polluted runoff.
        Paragraphs (B) and (C) of proposed Sec. 122.21(q)(9)(iii) would ask 
    the applicant to identify the land application site owner and applier, 
    if different than the applicant. EPA believes that this information is 
    necessary in order to ensure that the permit is issued to the correct 
    party. These proposed paragraphs would clarify and expand on existing 
    requirements at Sec. 501.15(a)(2)(viii).
        One of the land application management practices in Sec. 503.14 
    mandates that bulk sewage sludge shall not be applied to land at 
    greater than the agronomic rate. Therefore, paragraphs (D) and (E) of 
    proposed Sec. 122.21(q)(9)(iii) would ask the applicant to identify the 
    type of land application site, the type of vegetation grown on that 
    site, if known at the time of permit application, and the vegetation's 
    nitrogen requirement. This information enables the permit writer to 
    calculate an appropriate permit management practice regarding agronomic 
    rate. EPA recognizes that different crops may be grown on a site during 
    the life of a permit. If the crop for a site is not known or likely to 
    change, the applicant should submit whatever information is available.
        Paragraph (F) of proposed Sec. 122.21(q)(9)(iii) would request 
    information on vector attraction reduction measures undertaken at the 
    land application site. Before sewage sludge is applied to the land, it 
    must meet the requirements for vector attraction reduction in 
    Sec. 503.33. These measures may be undertaken either by the ``person 
    who prepares'' sewage sludge or by the operator of the land application 
    site.
        Paragraph (G) of proposed Sec. 122.21(q)(9)(iii) would ask the 
    applicant to submit any existing ground-water monitoring data for the 
    land application site. Section 503.14(d) states that bulk sewage sludge 
    may not be applied to land at greater than the agronomic rate. Section 
    503.11(b)(2) explains that ``agronomic rate'' is the whole sludge 
    application rate that minimizes the amount of nitrogen that passes 
    below the root zone and into the ground water. EPA believes that 
    permitting authorities need to review existing ground-water monitoring 
    data for land application sites in order to ensure that sewage sludge 
    application rates are appropriately protective of ground water.
        Section 501.15(a)(2)(ix) asks for information necessary to 
    determine if the site is appropriate for land application and a 
    description of how the site will be managed. This requirement could be 
    interpreted in different ways. Today's rule attempts to clearly specify 
    the site management requirements in proposed paragraphs (D)-(G) of 
    proposed Sec. 122.21(q)(9)(iii). The permitting authority could request 
    other site management information if it is needed to identify 
    appropriate permit conditions.
        Proposed Sec. 122.21(q)(9)(iv) would request information that the 
    permitting authority needs in order to verify whether the 
    Sec. 503.12(e)(2)(i) requirement for appliers of bulk sewage sludge 
    subject to cumulative pollutant loading rates (CPLRs) has been met. A 
    cumulative pollutant loading rate, as defined in Sec. 503.11(f) is 
    ``the maximum amount of an inorganic pollutant that can be applied to 
    an area of land.'' This information enables EPA to ensure that the 
    CPLRs are not exceeded when more than one facility is sending sewage 
    sludge subject to CPLRs to the same site.
        Proposed Sec. 122.21(q)(9)(v) restates the requirement in existing 
    Sec. 501.15(a)(2)(ix) for information on land application sites not 
    identified at the time of permit application.
    10. Surface Disposal
        Proposed Sec. 122.21(q)(10) requests information on sewage sludge 
    that is placed on a surface disposal site. By definition, a sewage 
    sludge surface disposal site is a TWTDS. Many surface disposal site 
    owner/operators, however, would not have to complete this section, but 
    would instead submit the limited background information required by 
    Sec. 122.21(c)(2)(iii). The applicant would be required to provide the 
    information requested by proposed Sec. 122.21(q)(10) only if the 
    surface disposal site were already covered by an NPDES permit; if the 
    owner/operator were requesting site-specific pollutant limits; or if 
    the permitting authority were requiring a full application.
        Paragraph (i) of proposed Sec. 122.21(q)(10) would clarify the 
    existing requirement at Sec. 501.15(a)(2)(x) which tells the applicant 
    to report annual sludge production volume. Paragraph (ii) of proposed 
    Sec. 122.21(q)(10) would require that the applicant provide the name or 
    number, address, telephone number, and amount of sewage sludge placed 
    on each surface disposal site that the applicant does not own or 
    operate. This paragraph would clarify and expand on existing 
    requirements at Sec. 501.15(a)(2)(viii). EPA believes that this 
    information is necessary in order to ensure that the permit is issued 
    to the correct party.
        Paragraph (iii) of proposed Sec. 122.21(q)(10) would request 
    detailed information on each active sewage sludge unit at each surface 
    disposal site that the applicant owns or operates. A ``sewage sludge 
    unit'' is defined in Sec. 503.21(n) as ``land on which only sewage 
    sludge is placed for final disposal.'' A ``surface disposal site'' is 
    ``an area of land that contains one or more sewage sludge units.'' 
    Information on each active sewage sludge unit is necessary because Part 
    503 provides for different pollutant limits, monitoring requirements, 
    and management practices for each unit. This information enables the 
    permitting authority to establish proper permit conditions.
        Paragraph (I) of Sec. 122.21(q)(10)(iii) would request information 
    on sewage sludge sent to the active sewage sludge unit by any facility 
    other than the applicant's. This information helps the permit writer to 
    determine which requirements apply to the surface disposal site owner/
    operator and which apply to the facility which sends sewage sludge to 
    the surface disposal site. As previously mentioned, one way to reduce 
    duplicate reporting, is to allow the applicant to reference 
    substantially similar information already submitted to a permitting 
    authority. The Agency solicits comments on using this approach in the 
    final rule and suggestions for other options.
        Paragraph (J) of proposed Sec. 122.21(q)(10)(iii) would request 
    information on vector attraction reduction measures undertaken at the 
    active sewage sludge unit. Before sewage sludge is placed on an active 
    sewage sludge unit, it must meet the requirements for vector attraction 
    reduction in Sec. 503.33. Since vector attraction reduction measures 
    may be performed either by the facility preparing sewage sludge or by 
    the surface disposal site owner/operator, EPA believes that both should 
    be 
    
    [[Page 62574]]
    required to supply information on their practices.
        Section 503.24(n)(2) requires surface disposal sites to demonstrate 
    by way of a ground-water monitoring program or certification that 
    sludge placed on an active sewage sludge unit does not contaminate the 
    underlying aquifer. In order to ensure that this requirement is 
    implemented, paragraph (K) of proposed Sec. 122.21(q)(10)(iii) would 
    request information on ground-water monitoring programs or 
    certifications. Because many communities rely on ground water as a 
    source of drinking water, EPA believes that this information is 
    necessary to protect public health and the environment.
        After August 18, 1993, only surface disposal sites showing good 
    cause may apply for site-specific pollutant limits. Paragraph (L) of 
    proposed Sec. 122.21(q)(10)(iii) would request the information 
    necessary for the permit writer to determine whether such site-specific 
    limits are warranted. This information would include a demonstration 
    that the values for site parameters at the applicant's site differ from 
    those used to develop the surface disposal pollutant limits in Part 
    503.
    11. Incineration
        Proposed Sec. 122.21(q)(11) would request information on sewage 
    sludge that is fired in a sewage sludge incinerator. According to 
    Sec. 503.41(k), a sewage sludge incinerator is ``an enclosed device in 
    which only sewage sludge and auxiliary fuel are fired.'' A sewage 
    sludge incinerator is a TWTDS and is required to submit a full permit 
    application.
        Paragraph (i) of proposed Sec. 122.21(q)(11) would clarify the 
    existing requirement at Sec. 501.15(a)(2)(x) which tells the applicant 
    to report annual sludge production volume. Paragraph (ii) of proposed 
    Sec. 122.21(q)(11) would require that the applicant provide the name or 
    identifying number, address, telephone number, and amount of sewage 
    sludge fired in each sewage sludge incinerator that the applicant does 
    not own or operate. This paragraph would clarify existing requirements 
    at Sec. 501.15(a)(2)(viii). EPA believes that this information is 
    necessary in order to ensure that the permit is issued to the correct 
    party.
        Paragraph (iii) of proposed Sec. 122.21(q)(11) would request 
    detailed information on each sewage sludge incinerator that the 
    applicant owns or operates. Paragraph (B) of proposed paragraph (iii) 
    would request the total amount of sewage sludge fired annually in each 
    incinerator. This information is necessary because the monitoring 
    requirements for sewage sludge incinerators are based on the total 
    amount fired.
        Paragraphs (C) and (D) of proposed Sec. 122.21(q)(11)(iii) would 
    request information on compliance with the beryllium and mercury 
    National Emissions Standards for Hazardous Air Pollutants (NESHAPs). 
    Section 503.43 paragraphs (a) and (b) require compliance with these 
    standards through a cross-reference to 40 CFR Part 61 subparts C and E. 
    If the incinerator is required to perform stack testing, these 
    paragraphs would require the applicant to submit a report of that 
    testing.
        Under Sec. 503.43, the pollutant limits applicable to each sewage 
    sludge incinerator are calculated based on factors unique to each 
    incinerator. Paragraphs (E), (F), and (G) of proposed 
    Sec. 122.21(q)(11)(iii) would require each applicant to submit these 
    factors for their incinerator(s). Calculating pollutant limits on an 
    individual basis allows the actual performance of each incinerator and 
    actual site conditions, such as topography, to be taken into account. 
    EPA believes that this is more appropriate than mandating national 
    pollutant limitations for sewage sludge incinerators.
        In the development of Part 503, EPA determined that it would be 
    infeasible to establish individual limits for each hydrocarbon in 
    sewage sludge incinerator exit gas. Instead, the Agency adopted a 100 
    ppm total hydrocarbon (THC) limit and required continuous THC 
    monitoring to show compliance. Part 503 was amended, on February 25, 
    1994 (59 FR 9095), to allow sewage sludge incinerators whose exit gas 
    does not exceed 100 ppm carbon monoxide (CO) to show compliance with 
    the THC operational standard by monitoring CO instead of THC. 
    Paragraphs (H), (I), and (J) of proposed Sec. 122.21(q)(11)(iii) would 
    request the incinerator information necessary to establish the correct 
    hydrocarbon monitoring requirements.
        Many of the incinerator's site-specific factors that are used to 
    calculate pollutant limits and compliance with the operational standard 
    are highly dependent on the temperature at which the incinerator is 
    operated and the rate at which sewage sludge is fed into the 
    incinerator. For most incinerators, these parameters are determined 
    during an initial performance test. In order to appropriately calculate 
    pollutant limits and ensure appropriate pollutant limits and that the 
    incinerator is operated within the parameters of the original 
    performance test, EPA needs to know the information in paragraphs (K) 
    through (O) of proposed Sec. 122.21(q)(11)(iii).
        Paragraphs (P) and (Q) of proposed Sec. 122.21(q)(11)(iii) would 
    request information on the monitoring equipment and air pollution 
    control devices installed on the incinerator. Information on this 
    equipment is necessary to ensure that the facility complies with the 
    management practices at Sec. 503.45.
    12. Disposal in a Municipal Solid Waste Landfill
        Proposed Sec. 122.21(q)(12) would request information on sewage 
    sludge that is sent to a municipal solid waste landfill (MSWLF). 
    Section 503.4 states that sewage sludge sent to a MSWLF that complies 
    with the requirements in 40 CFR Part 258 constitutes compliance with 
    sec. 405(d) of the CWA. The questions in Sec. 122.21(q)(12) are 
    necessary to ensure the availability of accurate information about a 
    MSWLF and the sewage sludge that is sent there.
        Paragraphs (i) and (ii) of proposed Sec. 122.21(q)(12) would 
    clarify existing requirements at Sec. 501.15(a)(2)(v), (viii), and (x) 
    that request information on other permits, the location of disposal 
    sites, and the annual sludge production volume. Paragraph (iii) would 
    request information on the sewage sludge quality to ensure that it is 
    acceptable for a MSWLF. Paragraph (iv) would request available 
    information on whether the MSWLF is in compliance with Part 258.
    13. Contractors
        Proposed Sec. 122.21(q)(13) would require the applicant to provide 
    contractor information. The applicant would be required to identify all 
    contractors responsible for any operation or maintenance aspects of the 
    TWTDS, and specify their responsibilities. The permitting authority 
    uses this information to determine who has primary responsibility for 
    the operation and maintenance of the TWTDS.
    14. Other Information
        Proposed Sec. 122.21(q)(14) would require the applicant to report 
    any information necessary to determine the appropriate standards for 
    permitting under 40 CFR Part 503, and any other information the 
    permitting authority may request and reasonably require to assess the 
    sewage sludge use and disposal practices, to determine whether to issue 
    a permit, or to identify appropriate permit requirements. This 
    paragraph restates the existing requirements in Sec. 501.15(a)(2)(xi) 
    and (xii). 
    
    [[Page 62575]]
    
    15. Signature
        Proposed Sec. 122.21(q)(15) would require that a certifying 
    official sign the form in compliance with 40 CFR 122.22. This would 
    ensure that the person signing the form has the authority to speak for 
    and legally bind the permittee.
    
    IV. Paperwork Reduction Act
    
        The information collection requirements in this proposed rule have 
    been submitted for approval to the Office of Management and Budget 
    (OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
    Information Collection Request document has been prepared by EPA (ICR 
    No. 0226.13) and a copy may be obtained from Sandy Farmer, Information 
    Policy Branch; EPA; 401 M St., S.W. (Mail code 2136); Washington, DC 
    20460; or by calling (202) 260-2740.
        This collection of information has an estimated reporting burden 
    averaging 10.7 hours per response, including annual recordkeeping 
    burden. These estimates include time for reviewing instructions, 
    searching existing data sources, gathering and maintaining the data 
    needed, and completing and reviewing the collection of information.
        Send comments regarding the burden estimate or any other aspect of 
    this collection of information, including suggestions for reducing this 
    burden to Chief, Information Policy Branch; EPA; 401 M St., S.W. (Mail 
    Code 2136); Washington, DC 20460; and to the Office of Information and 
    Regulatory Affairs, Office of Management and Budget, Washington, DC 
    20503, marked ``Attention: Desk Officer for EPA.'' The final rule will 
    respond to any OMB or public comments on the information collection 
    requirements contained in this proposal.
    
    V. Executive Order 12866
    
        Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the 
    Agency must determine whether the regulatory action is ``significant'' 
    and therefore subject to OMB review and the requirements of the 
    Executive Order. The Order defines ``significant regulatory action'' as 
    one that is likely to result in a rule that may:
        (1) Have an annual effect on the economy of $100 million or more or 
    adversely affect in a material way the economy, a sector of the 
    economy, productivity, competition, jobs, the environment, public 
    health or safety, or State, local, or tribal governments or 
    communities;
        (2) Create a serious inconsistency or otherwise interfere with an 
    action taken or planned by another agency;
        (3) Materially alter the budgetary impact of entitlements, grants, 
    user fees, or loan programs or the rights and obligations of recipients 
    thereof; or
        (4) Raise novel legal or policy issues arising out of legal 
    mandates, the President's priorities, or the principles set forth in 
    the Executive Order.''
        Pursuant to the terms of Executive Order 12866, it has been 
    determined that this rule is a ``significant regulatory action'' 
    because it may adversely affect local governments by incrementally 
    increasing permit application costs. As such, this action was submitted 
    to OMB for review. Changes made in response to OMB suggestions or 
    recommendations will be documented in the public record.
    
    VI. Executive Order 12875
    
        Under Executive Order 12875 (58 FR 58093 (October 28, 1993)), no 
    executive agency shall promulgate any regulation that is not required 
    by statute and that creates a mandate upon a State, local, or tribal 
    government, unless:
        (a) Funds to pay the direct costs associated with the regulation 
    are provided by the Federal Government, or
        (b) The agency, prior to promulgation, provides OMB a description 
    of its consultation with representatives of the affected governments, 
    the nature of their concerns, any written communications submitted to 
    the agency by them, and the agency's position supporting the need for 
    the regulation. Each agency is also required to develop an effective 
    process to permit elected officials and other representatives of these 
    governments an opportunity to provide meaningful and timely input on 
    significant unfunded mandates.
        As discussed above (``Public Consultation in the Development of 
    Today's Proposal,'' at I.H.), the Agency consulted with States, local 
    governments, and other parties in the development of this proposed 
    rule. This is further discussed in the discussion below (``Unfunded 
    Mandates Reform Act of 1995 and Consultation with State, Local, and 
    Tribal Governments,'' at VII).
    
    VII. Unfunded Mandates Reform Act of 1995 and Consultation With State, 
    Local, and Tribal Governments
    
        Title II of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
    Mandates Act''), Public Law 104-4, establishes requirements for Federal 
    agencies to assess the effects of their regulatory actions on State, 
    local, and tribal governments and the private sector. Under section 202 
    of the Unfunded Mandates Act, EPA generally must prepare a written 
    statement, including a cost-benefit analysis, for rules with Federal 
    mandates that may result in expenditures to State, local, and tribal 
    governments in the aggregate, or to the private sector, of $100 million 
    or more in any one year. Before promulgating an EPA rule for which a 
    written statement is needed, section 205 of the Unfunded Mandates Act 
    generally requires EPA to identify and consider a reasonable number of 
    regulatory alternatives and adopt the least costly, most cost-effective 
    or least burdensome alternative that achieves the objectives of the 
    rule. The provisions of section 205 do not apply when they are 
    inconsistent with applicable law. Moreover, section 205 allows EPA to 
    adopt an alternative other than the least costly, most cost-effective 
    or least burdensome alternative if the Administrator publishes with the 
    final rule an explanation why that alternative was not adopted.
        Under section 203 of the Unfunded Mandates Act, EPA must develop a 
    small government agency plan before it establishes regulatory 
    requirements that may significantly or uniquely affect small 
    governments, including tribal governments. The plan must provide for 
    notifying potentially affected small governments, enabling officials of 
    affected small governments to have meaningful and timely input in the 
    development of EPA regulatory proposals with significant Federal 
    intergovernmental mandates, and informing, educating, and advising 
    small governments on compliance with the regulatory requirements.
        EPA has determined that this rule does not include a Federal 
    mandate that may result in expenditures of $100 million or more to 
    either State, local and tribal governments in the aggregate, or to the 
    private sector in any year. To the extent enforceable duties arise as a 
    result of today's proposed rule on State, local and tribal governments, 
    such enforceable duties do not result in a significant regulatory 
    action being imposed upon State, local and tribal governments since the 
    estimated aggregate cost of compliance for them is not expected to 
    exceed $5.7 million annually. Thus, today's proposed rule is not 
    subject to the written statement requirement in section 202 of the Act.
        In compliance with E.O. 12875, which requires the involvement of 
    State, local and tribal governments in the development of certain 
    Federal regulatory actions, EPA conducted a wide outreach effort and 
    actively sought the input of representatives of State, local, and 
    tribal governments in the process of developing the proposed rule. 
    Agency personnel have communicated with State and local representatives 
    in 
    
    [[Page 62576]]
    a number of different forums. For example, EPA staff involved in 
    development of today's proposed rule invited comments on earlier drafts 
    of the proposed rulemaking, forms, and instructions from States and 
    local governments both directly and through organizations such as the 
    Association of Metropolitan Sewerage Agencies (AMSA), the Water 
    Environment Federation (WEF), and the California Association of 
    Sanitation Agencies (CASA). In response to these efforts, the Agency 
    was able to communicate directly, including through meetings and 
    telephone communications, with representatives of a number of 
    interested State and local representatives, including representatives 
    of more than twenty-five local governments. Cities represented in a 
    telephone conference arranged through WEF included Price (UT), Owosso 
    (MI), Saginaw (MI), Rockwood (MI), Grand Rapids (MI), Roseburg (OR), 
    Central Marin San. Dist. (CA), Little Rock (AR), Dallas (TX), Northeast 
    Ohio Regional Sewer Dist. (OH). Cities represented in a meeting with 
    AMSA representatives included Detroit (MI), Boise (ID), City of Los 
    Angeles (CA), Phoenix (AZ), Passaic Valley (NJ); Middleton (NJ), 
    Hampton Roads (VA), Orange County (CA), Anchorage (AK), and Alexandria 
    (VA). Other discussions were held individually with representatives of 
    local governments. The Agency received written comments from AMSA, 
    several cities, and a number of States. In the comments received from 
    States, a number of issues were raised concerning possible impacts on 
    local governments. EPA invited, but did not receive, written comments 
    from the Association of State and Interstate Water Pollution Control 
    Administrators (ASIWPCA) and the National League of Cities.
        Once the proposed rule is finalized, the Agency intends to provide 
    information through a variety of sources, and to educate and advise 
    local governments concerning compliance with the proposed requirements. 
    In the Communication Plan prepared for this proposal, the Agency has 
    outlined which organizations EPA will contact directly concerning the 
    proposal. The same parties will also be contacted directly regarding 
    the final rulemaking. The communication plan is available in the record 
    supporting this proposal. The Agency seeks to assist, educate, and 
    advise applicants on how to comply with the permit application 
    requirements primarily through the instructions to the proposed forms, 
    and seeks comment as to how the instructions could be improved. 
    Additionally, the Agency intends to provide training for permit 
    writers, so that they can assist, educate, and advise applicants on an 
    as-needed basis when completing their applications.
    
    VIII. Regulatory Flexibility Act
    
        The Regulatory Flexibility Act (Pub. L. 96-354) requires Federal 
    agencies to consider the effect of proposed rules on small entities. 
    Agencies must consider alternatives to proposed rules that would 
    minimize the economic impact on small entities so long as these 
    alternatives are consistent with the stated objective of the statute 
    under which such rules are developed. However, the requirements of the 
    Regulatory Flexibility Act do not alter standards otherwise applicable 
    to agency action. For example, section 405 of the CWA requires EPA to 
    promulgate regulations that are adequate to protect public health or 
    the environment against reasonably anticipated adverse effects.
        In developing these proposed regulations, EPA considered the 
    effects of the proposed regulations on small entities. The regulatory 
    flexibility analysis (RFA) conducted for this proposed rule meets the 
    requirements specified in the ``Guidelines for Implementing the 
    Regulatory Flexibility Act'' (U.S. EPA, Office of Regulatory Management 
    and Evaluation and Office of Policy, Planning, and Evaluation, April 
    1992).
        Most of the applicants that would be required to complete the 
    municipal and sludge application forms, if finalized, are small 
    entities. For the purposes of the RFA, EPA employs the definition of 
    small government entities that was originally advanced in a related 
    rulemaking. See U.S. EPA, ``Regulatory Impact Analysis of the Part 503 
    Sewage Sludge Regulation,'' November 25, 1992, for a complete 
    discussion of the development of this definition. For the purposes of 
    this rule, the term ``small government entities'' is considered to mean 
    small POTWs. Small POTWs are defined as POTWs processing less than 1 
    million gallons per day (mgd) of wastewater. POTWs of this size 
    generally serve a population of 10,000 people or less. This definition 
    is consistent with the designation of major and minor POTWs under the 
    NPDES program.
        The estimate of the number of small POTWs subject to both sets of 
    proposed application requirements is based on the number of minor 
    POTWs. Also, for the purposes of the RFA, the Agency conservatively 
    assumed that all ``sludge-only'' POTWs are small entities. Generally, 
    treatment facilities serving large populations (greater than 10,000) 
    generate effluent of sufficient volume that it must be discharged to 
    waters of the U.S., and thus require an NPDES permit. The Agency also 
    assumed for purposes of the RFA that all privately owned treatment 
    facilities are small entities. Overall, EPA estimates that nearly 70 
    percent of municipal applicants and 74 percent of sludge applicants are 
    small entities.
        EPA considered a range of regulatory options for the proposed 
    forms. In this proposal, the Agency has developed a two-tier approach 
    for municipal applicants and a two-tier approach for sludge applicants. 
    Applicants are categorized according to size and whether or not they 
    are required to have a pretreatment program. Under each regulatory 
    option considered, less stringent standards are required for smaller 
    facilities that are less likely to pollute and have a lower capacity to 
    absorb large monitoring costs.
        The costs of complying with the proposed application requirements 
    would consist entirely of paperwork and testing costs associated with 
    completing the forms and collecting the required information. 
    Therefore, the costs for these activities estimated in the ICR for this 
    proposed rule are used in the RFA. The five-year compliance cost 
    estimates for POTWs applying for NPDES permits (i.e., for both sets of 
    application requirements) range from $681 to $3,627 for small POTWs 
    under the four regulatory options under consideration for the municipal 
    permit application and the three regulatory options under consideration 
    for the sludge application requirements. The five-year compliance cost 
    estimates for the various options under this proposed rule range from 
    approximately $507 to $2,849 for small privately owned treatment works. 
    These costs would represent between 0.06 and 0.31 percent of the 
    average annual revenues of small POTWs and small privately owned 
    treatment works. As a percent of average household expenditures on 
    sewage treatment, these figures would range between 0.10 and 0.54 
    percent for small POTWs and small privately owned treatment works. The 
    five-year compliance costs for sludge-only facilities (i.e., paperwork 
    costs associated with the proposed sludge application requirements) 
    range from $375 to $2,809 under the three regulatory options under 
    consideration for small POTWs and from $299 to $2,849 for privately 
    owned treatment works. These costs would represent well below 0.5 
    percent of both the average annual revenues for small treatment works 
    (public and private) and of the 
    
    [[Page 62577]]
    average annual household costs for sewage treatment. Thus, impacts on 
    small treatment facilities and their customers are not expected to be 
    severe.
    
    List of Subjects
    
    40 CFR Part 122
    
        Environmental protection, Administrative practice and procedure, 
    Confidential business information, Reporting and recordkeeping 
    requirements, Sewage disposal, Waste treatment and disposal, Water 
    pollution control.
    
    40 CFR Part 123
    
        Confidential business information, Hazardous materials, Reporting 
    and recordkeeping requirements, Sewage disposal, Waste treatment and 
    disposal, Water pollution control, Penalties.
    
    40 CFR Part 403
    
        Confidential business information, Reporting and recordkeeping 
    requirements, Waste treatment and disposal, Water pollution control.
    
    40 CFR Part 501
    
        Confidential business information, Environmental protection, 
    Reporting and recordkeeping requirements, Publicly owned treatment 
    works, Sewage disposal, Waste treatment and disposal.
    
        Dated: November 2, 1995.
    Carol M. Browner,
    Administrator.
    
        For the reasons set forth in the preamble. EPA proposes to amend 40 
    CFR Chapter I as follows:
    
    PART 122--EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT 
    DISCHARGE ELIMINATION SYSTEM
    
    * * * * *
        1. The authority citation for part 122 continues to read as 
    follows:
    
        Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
    
        2. Section 122.2 is amended by revising the definition for 
    ``Publicly owned treatment works (``POTW'') and adding a definition for 
    ``TWTDS'' in alphabetical order to read as follows:
    
    
    Sec. 122.2  Definitions.
    
    * * * * *
        Publicly owned treatment works (``POTW'') means a treatment works 
    as defined by section 212 of the CWA, which is owned by a ``State'' or 
    ``municipality'' (as defined by section 502(4) of the CWA). This 
    definition includes any devices and systems used in the storage, 
    treatment, recycling and reclamation of municipal sewage or industrial 
    wastes of a liquid nature. It also includes sewers, pipes and other 
    conveyances only if they convey wastewater to a POTW Treatment Plant, 
    as defined in Sec. 403.3(p) of this chapter. The term also means the 
    municipality as defined in section 502(4) of the CWA, which has 
    jurisdiction over the Indirect Discharges, as defined in Sec. 403.3(g) 
    of this chapter, to and the discharges from such a treatment works.
    * * * * *
        TWTDS means treatment works treating domestic sewage.
    * * * * *
        3-6. Section 122.21 is amended by revising paragraph (c)(2)(i) 
    through (iii) introductory text, paragraph (d)(3), the introductory 
    text of paragraph (f), paragraph (j) and by adding paragraph (q) before 
    the notes to read as follows:
    
    
    Sec. 122.21  Application for a permit (applicable to State programs, 
    see Sec. 123.25).
    
    * * * * *
        (c) * * *
        (2) Permits under section 405(f) of CWA. (i) Any existing treatment 
    works treating domestic sewage (TWTDS) required to have site-specific 
    pollutant limits, or requesting such limits, as provided in 40 CFR Part 
    503, must submit the permit application information required by 
    paragraph (d)(3)(iii) of this section within 180 days after publication 
    of a standard applicable to its sewage sludge use or disposal 
    practice(s). After this 180-day period, TWTDS may only apply for site-
    specific pollutant limits for good cause and such requests must be made 
    within 180 days of becoming aware that good cause exists.
        (ii) Any TWTDS with a currently effective NPDES permit, not 
    addressed under paragraph (c)(2)(i) of this section, must submit the 
    application information required by paragraph (d)(3)(iii) of this 
    section at the time of its next NPDES permit renewal application. Such 
    information must be submitted in accordance with paragraph (d) of this 
    section.
        (iii) Any other existing TWTDS not addressed under paragraphs 
    (c)(2)(i) or (ii) of this section must submit the information listed in 
    paragraphs (c)(2)(iii)(A) through (E) of this section, to the Director 
    within 1 year after publication of a standard applicable to its sewage 
    sludge use or disposal practice(s), using Form 2S or another form 
    approved by the Director. The Director shall determine when such TWTDS 
    must apply for a permit.
    * * * * *
        (d) * * *
        (3)(i) All applicants for EPA-issued permits, other than POTWs, new 
    sources, and TWTDS, must complete Forms 1 and either 2B, 2C, or 2E of 
    the consolidated permit application forms to apply under Sec. 122.21 
    and paragraphs (f), (g), (h), and (i) of this section.
        (ii) All POTWs must submit the application information required by 
    paragraph (j) of this section, within the time periods established in 
    paragraph (c)(2) of this section, using Form 2A or another form 
    approved by the Director. All POTWs applying for EPA-issued permits 
    must complete Form 2A.
        (iii) All TWTDS, except ``sludge-only facilities'' subject to 
    paragraph (c)(2)(iii) of this section, must submit the application 
    information required by paragraph (q) of this section, within the time 
    periods established in paragraph (c)(2) of this section, using Form 2S 
    or another form approved by the Director. All such applicants applying 
    for EPA-issued permits must complete Form 2S.
    * * * * *
        (f) Information requirements. All applicants for NPDES permits, 
    other than POTWs and other TWTDS, shall provide the following 
    information to the Director, using the application form provided by the 
    Director (additional information required of applicants is set forth in 
    paragraphs (g) through (k) of this section).
    * * * * *
        (j) Application requirements for new and existing POTWs. Unless 
    otherwise indicated, all POTWs shall provide, at a minimum, the 
    information in this paragraph (j) to the Director, using Form 2A or 
    another application form provided by the Director. The Director may 
    waive any requirement of this paragraph if the Director has access to 
    substantially identical information.
        (1) Basic application information. All applicants shall provide the 
    following information:
        (i) Facility information. Name, mailing address, and location of 
    the facility for which the application is submitted;
        (ii) Applicant information. Name, mailing address, and telephone 
    number of the applicant, and indication as to whether the applicant is 
    the facility's owner, operator, or both;
        (iii) Existing environmental permits. Identification of all 
    environmental permits or construction approvals received or applied for 
    (including dates) under any of the following programs:
        (A) Hazardous Waste Management program under the Resource 
    Conservation and Recovery Act (RCRA), subpart C of this part;
        (B) UIC program under the Safe Drinking Water Act (SDWA); 
        
    [[Page 62578]]
    
        (C) NPDES program under Clean Water Act (CWA);
        (D) Prevention of Significant Deterioration (PSD) program under the 
    Clean Air Act;
        (E) Nonattainment program under the Clean Air Act;
        (F) National Emission Standards for Hazardous Pollutants (NESHAPS) 
    preconstruction approval under the Clean Air Act;
        (G) Ocean dumping permits under the Marine Protection Research and 
    Sanctuaries Act;
        (H) Dredge or fill permits under section 404 of the CWA; and
        (I) Other relevant environmental permits, including State permits;
        (iv) Population. The name and population of each municipal entity 
    served by the facility, including unincorporated connector districts;
        (v) Flow rate. The facility's design flow rate and annual average 
    daily flow rate for each of the previous 3 years;
        (vi) Collection system. Identify type(s) of collection system(s) 
    used by the treatment works (i.e., separate sanitary sewers or combined 
    storm and sanitary sewers) and an estimate of the percent of sewer line 
    that each type comprises;
        (vii) Inflow and infiltration. The current average daily flow rate 
    volume of inflow and infiltration, in gallons per day, and steps the 
    facility is taking to minimize inflow and infiltration;
        (viii) Topographic map. A topographic map (or other map if a 
    topographic map is unavailable) extending at least one mile beyond 
    property boundaries of the treatment plant, including all unit 
    processes, and showing:
        (A) Treatment plant area and unit processes;
        (B) The pipes or other structures through which wastewater enters 
    the treatment plant and the pipes or other structures through which 
    treated wastewater is discharged from the treatment plant. Include 
    outfalls from bypass piping, if applicable;
        (C) Each well where fluids from the treatment plant are injected 
    underground;
        (D) Wells, springs, other surface water bodies, and drinking water 
    wells listed in public records or otherwise known to the applicant 
    within the map area;
        (E) Sewage sludge management facilities (including on-site 
    treatment, storage, and disposal sites) within the property boundaries; 
    and
        (F) Location at which waste classified as hazardous under RCRA 
    enters the treatment plant by truck, rail, or dedicated pipe;
        (ix) Process flow diagram or schematic.
        (A) A diagram showing the processes of the treatment plant, 
    including all bypass piping. This includes a water balance showing all 
    treatment units, including disinfection, and showing daily average flow 
    rates at influent and discharge points, and approximate daily flow 
    rates between treatment units; and
        (B) A narrative description of the diagram;
        (x) Bypasses. The following information for each outfall that is a 
    discharge from a bypass point:
        (A) The actual or approximate number of wet-weather and dry-weather 
    bypass incidents in the twelve months prior to the date of the permit 
    application;
        (B) The actual or approximate duration of each wet-weather or dry-
    weather bypass incident;
        (C) The actual or approximate volume, in millions of gallons, of 
    each wet-weather or dry-weather bypass incident; and
        (D) The reason(s) why such bypasses occurred;
        (xi) Outfalls and other discharge or disposal methods. The 
    following information for outfalls to waters of the United States and 
    other discharge or disposal methods:
        (A) For effluent discharges to waters of the United States, the 
    total number and types of outfalls (e.g, treated effluent, CSOs) to 
    surface water;
        (B) For wastewater discharged to surface impoundments:
        (1) The location of each surface impoundment;
        (2) The annual average daily volume discharged to each surface 
    impoundment; and
        (3) Whether the discharge is continuous or intermittent;
        (C) For wastewater applied to the land:
        (1) The location of each land application site;
        (2) The size of each land application site, in acres;
        (3) The annual average daily volume applied to each land 
    application site, in gallons per day; and
        (4) Whether land application is continuous or intermittent;
        (D) For wastewater discharged to another facility:
        (1) The means by which the discharge is transported;
        (2) The name, mailing address, contact person, and phone number of 
    the organization transporting the discharge, if the transport is 
    provided by a party other than the applicant;
        (3) The name, mailing address, contact person, phone number, and 
    NPDES permit number (if any) of the receiving facility; and
        (4) The average daily flow rate from this facility into the 
    receiving facility, in millions of gallons per day; and
        (E) For wastewater disposed of in a manner not included in 
    paragraphs (j)(1)(ix) (A) through (D) of this section (e.g., 
    underground percolation, underground injection):
        (1) A description of the disposal method, including the location 
    and size of each disposal site, if applicable;
        (2) The annual average daily volume disposed of by this method, in 
    gallons per day; and
        (3) Whether disposal through this method is continuous or 
    intermittent;
        (xii) Federal Indian reservations. Information concerning whether 
    the facility is located on a Federal Indian Reservation or whether the 
    facility discharges to a receiving stream that flows through a Federal 
    Indian Reservation; and
        (xiii) Scheduled improvements, schedules of implementation. The 
    following information regarding scheduled improvements:
        (A) The outfall number of each outfall affected;
        (B) A narrative description of each required improvement;
        (C) Scheduled or actual dates of completion for the following:
        (1) Commencement of construction;
        (2) Completion of construction;
        (3) Commencement of discharge; and
        (4) Attainment of operational level; and
        (D) A description of permits and clearances concerning other 
    Federal and/or State requirements;
        (2) Information on effluent discharges. Each applicant must provide 
    the following information for each outfall, including bypass points, 
    through which effluent is discharged, as applicable:
        (i) Description of outfall. The following information about each 
    outfall:
        (A) Outfall number;
        (B) State, county, and city or town in which outfall is located;
        (C) Latitude and longitude, to the nearest second;
        (D) Distance from shore and depth below surface;
        (E) Average daily flow rate, in million gallons per day;
        (F) The following information for each outfall with a seasonal or 
    periodic discharge:
        (1) Number of times per year the discharge occurs;
        (2) Duration of each discharge;
        (3) Flow of each discharge; and
        (4) Months in which discharge occurs; and
        (G) Whether the outfall is equipped with a diffuser and the type 
    (e.g., high-rate) of diffuser used; 
    
    [[Page 62579]]
    
        (ii) Description of receiving waters. The following information (if 
    known) for each outfall through which effluent is discharged to waters 
    of the United States:
        (A) Type (e.g., stream, river, lake, estuary, ocean) and name of 
    receiving water;
        (B) Name of watershed/river/stream system and United States Soil 
    Conservation Service 14-digit watershed code;
        (C) Name of State Management/River Basin and United States 
    Geological Survey 8-digit hydrologic cataloging unit code; and
        (D) Critical flow of receiving stream and total hardness of 
    receiving stream at critical low flow (if applicable); and
        (iii) Description of treatment. The following information 
    describing the treatment provided for discharges from each outfall to 
    waters of the United States:
        (A) The highest level of treatment (e.g., primary, equivalent to 
    secondary, secondary, advanced, other) that is provided for the 
    discharge for each outfall and:
        (1) Design biochemical oxygen demand (BOD5 or CBOD5) 
    removal (percent);
        (2) Design suspended solids (SS) removal (percent); and, where 
    applicable;
        (3) Design phosphorus (P) removal (percent);
        (4) Design nitrogen (N) removal (percent); and
        (5) Any other removals that an advanced treatment system is 
    designed to achieve.
        (B) A description of the type of disinfection used, and whether the 
    treatment plant dechlorinates (if disinfection is accomplished through 
    chlorination);
        (3) Effluent monitoring for specific parameters. (i) As provided in 
    paragraphs (j)(3) (ii) through (x) of this section all applicants shall 
    submit to the Director effluent monitoring information for samples 
    taken from each outfall through which effluent is discharged to waters 
    of the United States, except for CSOs. The Director may allow 
    applicants to submit sampling data for only one outfall on a case-by-
    case basis, where the applicant has two or more outfalls with 
    substantially identical effluent;
        (ii) All applicants must sample and analyze for the pollutants 
    listed in Appendix J of this part, Table 1;
        (iii) The following applicants must sample and analyze for the 
    pollutants listed in Appendix J of this part, Table 2, and for any 
    other pollutants for which the State or EPA have established water 
    quality standards applicable to the receiving waters:
        (A) All POTWs with a design influent flow rate equal to or greater 
    than one million gallons per day;
        (B) All POTWs with approved pretreatment programs or POTWs required 
    to develop a pretreatment program; and
        (C) Other POTWs, as required by the Director;
        (iv) Unless otherwise required by the Director, applicants are not 
    required to sample for the pollutants listed in Appendix J of this 
    part, Table 3;
        (v) The Director should require sampling for additional pollutants, 
    as appropriate, on a case-by-case basis;
        (vi) Applicants must provide data from a minimum of three samples 
    taken within three years prior to the date of the permit application. 
    Samples must be representative of the discharge from each outfall, and 
    at least two samples should be at least four months, but no more than 
    eight months apart. Existing data may be used, if available, in lieu of 
    sampling done solely for the purpose of this application. The Director 
    should require additional samples, as appropriate, on a case-by-case 
    basis;
        (vii) All existing data for pollutants specified in paragraphs 
    (j)(3) (ii) through (v) of this section that is collected within three 
    years of the application must be included with the pollutant data 
    submitted by the applicant. If, however, the applicant samples for a 
    specific pollutant on a monthly or more frequent basis, it is only 
    necessary, for such pollutant, to provide all data collected within one 
    year of the application;
        (viii) Applicants must collect samples of effluent and analyze such 
    samples for pollutants in accordance with analytical methods approved 
    under 40 CFR part 136 unless an alternative is specified in the 
    existing NPDES permit. When no analytical method is approved, 
    applicants may use any suitable method and must provide a description 
    of the method. Grab samples must be used for pH, temperature, cyanide, 
    total phenols, residual chlorine, oil and grease, fecal coliform, E. 
    coli, and enterococci. For all other pollutants, 24-hour flow-weighted 
    composite samples must be used. For a flow-weighted composite sample, 
    only one analysis of the composite of aliquots is required. A single 
    grab sample may be taken for effluent from holding ponds or other 
    impoundments, so long as they have a retention time of greater than 24 
    hours;
        (ix) The effluent monitoring data provided must include at least 
    the following information for each parameter:
        (A) Maximum daily discharge, expressed as concentration or mass, 
    based upon actual sample values;
        (B) Average daily discharge for all samples, expressed as 
    concentration or mass, based upon actual sample values, and the number 
    of samples used to obtain this value;
        (C) The analytical method used; and
        (D) The threshold level (i.e., method detection limit, minimum 
    level, or other designated method endpoints) for the analytical method 
    used; and
        (x) Unless otherwise required by the Director, metals must be 
    reported as total recoverable;
        (4) Effluent monitoring for whole effluent toxicity. (i) All 
    applicants shall provide an identification of any biological toxicity 
    tests that the applicant knows or has reason to believe have been made 
    during the three years prior to the date of the application on any of 
    the applicant's discharges or on a receiving water in relation to a 
    discharge.
        (ii) As provided in paragraphs (j)(4) (iii) through (ix) of this 
    section, the following applicants shall submit to the Director the 
    results of valid whole effluent biological toxicity tests for acute or 
    chronic toxicity for samples taken from each outfall through which 
    effluent is discharged to surface waters, except for combined sewer 
    overflows:
        (A) All POTWs with design influent flow rate equal to or greater 
    than one million gallons per day;
        (B) All POTWs with approved pretreatment programs or POTWs required 
    to develop a pretreatment program; and
        (C) Other POTWs, as required by the Director, based on 
    consideration of the following factors:
        (1) The variability of the pollutants or pollutant parameters in 
    the POTW effluent (based on chemical-specific information, the type of 
    treatment plant, and types of industrial contributors);
        (2) The ratio of effluent flow to receiving stream flow;
        (3) Existing controls on point or non-point sources, including 
    total maximum daily load calculations for the receiving stream segment 
    and the relative contribution of the POTW;
        (4) Receiving stream characteristics, including possible or known 
    water quality impairment, and whether the POTW discharges to a coastal 
    water, one of the Great Lakes, or a water designated as an outstanding 
    natural resource water; or
        (5) Other considerations (including, but not limited to, the 
    history of toxic impacts and compliance problems at the POTW) that the 
    Director determines 
    
    [[Page 62580]]
    could cause or contribute to adverse water quality impacts.
        (iii) Where the POTW has two or more outfalls with substantially 
    identical effluent discharging to the same receiving stream segment, 
    the Director may allow applicants to submit whole effluent toxicity 
    data for only one outfall on a case-by-case basis.
        (iv) Each applicant required to perform whole effluent biological 
    toxicity testing pursuant to paragraph (j)(4)(ii) of this section shall 
    provide the results of a minimum of four quarterly tests for a year. 
    Applicants shall conduct tests with multiple species (no less than two 
    species; e.g., fish, invertebrate, plant), and test for acute or 
    chronic toxicity, depending on the range of receiving water dilution. 
    It is recommended that applicants conduct acute or chronic testing 
    based on the following dilutions:
        (A) Acute toxicity testing if the dilution of the effluent is 
    greater than 1000:1 at the edge of the mixing zone;
        (B) Acute or chronic toxicity testing if the dilution of the 
    effluent is between 100:1 and 1000:1 at the edge of the mixing zone. 
    Acute testing may be more appropriate at the higher end of this range 
    (1000:1), and chronic testing may be more appropriate at the lower end 
    of this range (100:1); and
        (C) Chronic testing if the dilution of the effluent is less than 
    100:1 at the edge of the mixing zone.
        (v) Each applicant required to perform whole effluent biological 
    toxicity testing pursuant to paragraph (j)(4)(ii) of this section shall 
    provide the number of chronic or acute whole effluent toxicity tests 
    that have been conducted since the last permit reissuance.
        (vi) Provide the results using the form provided by the Director, 
    or test summaries if available and comprehensive, for each whole 
    effluent toxicity test conducted pursuant to paragraph (j)(4)(ii) of 
    this section for which such information has not been reported 
    previously to the Director.
        (vii) Whole effluent toxicity testing conducted pursuant to 
    paragraph (j)(4)(ii) of this section shall be conducted using methods 
    approved under 40 CFR part 136.
        (viii) For biomonitoring data submitted to the Director within 
    three years prior to the date of the application, applicants must 
    provide the dates on which the data were submitted and a summary of the 
    results.
        (ix) Each POTW required to perform whole effluent biological 
    testing pursuant to paragraph (j)(4)(ii) of this section must provide 
    any information on the cause of toxicity and written details of any 
    toxicity reduction evaluation conducted, if any whole effluent toxicity 
    test conducted within the past three years revealed toxicity.
        (5) Industrial discharges and pretreatment. Applicants must submit 
    the information in paragraphs (j)(5)(i) through (iii) of this section, 
    as applicable, regarding industrial user discharges to the POTW.
        (i) General information. General information on industrial users.
        (A) Number of significant industrial users (SIUs) and categorical 
    industrial users (CIUs) discharging to the POTW;
        (B) Total average daily flow rate from all industrial (non-
    domestic) users, from SIUs, and from all CIUs discharging to the POTW; 
    and
        (C) Estimated percent of total influent contributed by all 
    industrial (non-domestic) users, by SIUs only, by CIUs only, and by 
    domestic sources discharging to the POTW.
        (ii) Pretreatment program and local limits. POTWs with an approved 
    pretreatment program under 40 CFR part 403 shall provide information 
    concerning pretreatment program modifications that are required to be 
    submitted but have not been approved in accordance with 40 CFR 403.18.
        (iii) Significant industrial users. POTWs with one or more 
    significant industrial users (SIUs) shall provide the following 
    information for each SIU, as defined at 40 CFR 403.3(t), that 
    discharges to the POTW:
        (A) Name and mailing address;
        (B) Description of all industrial processes that affect or 
    contribute to the SIU's discharge;
        (C) Principal products and raw materials of the SIU;
        (D) Average daily volume of wastewater discharged, indicating the 
    amount attributable to process flow and non-process flow;
        (E) Whether the SIU is subject to local limits;
        (F) Whether the SIU is subject to categorical standards, and if so, 
    under which category(ies) and subcategory(ies); and
        (G) Whether any problems at the POTW (e.g., upsets, pass through, 
    interference) have been attributed to the SIU in the past three years;
        (6) Discharges from hazardous waste generators and from waste 
    cleanup or remediation sites. POTWs receiving RCRA, CERCLA, or RCRA 
    Corrective Action wastes or wastes generated at another type of cleanup 
    or remediation site must provide the following information:
        (i) RCRA hazardous waste. If the POTW receives by truck, rail, or 
    dedicated pipe any wastes that are regulated as RCRA hazardous wastes 
    pursuant to 40 CFR part 261, or authorized State, or if it is expected 
    to receive such wastes during the life of the permit, the applicant 
    must report the following:
        (A) The method by which the waste is received (i.e., whether by 
    truck, rail, or dedicated pipe); and
        (B) The hazardous waste number and amount received annually of each 
    hazardous waste;
        (ii) CERCLA wastewaters. If the POTW receives wastewaters that 
    originate from response activities undertaken pursuant to the 
    Comprehensive Environmental Response, Compensation, and Liability Act 
    (CERCLA), or if it is expected to receive such wastewaters during the 
    life of the permit, the applicant must report the following:
        (A) The identity and description of the site(s) at which the 
    wastewater originates or is expected to originate;
        (B) The identities of the hazardous constituents in the wastewater; 
    and
        (C) The extent of treatment, if any, the wastewater receives or 
    will receive before entering the POTW;
        (iii) RCRA corrective action wastewaters. If the POTW receives 
    wastewaters that originate from remedial activities undertaken pursuant 
    to sections 3004(u) or 3008(h) of RCRA, or authorized State, or if it 
    is expected to receive such wastewaters during the life of the permit, 
    the applicant must report the following:
        (A) The identity and description of the facility(ies) at which the 
    wastewater originates or is expected to originate;
        (B) The identities of the hazardous constituents in the wastewater; 
    and
        (C) The extent of treatment, if any, the wastewater receives or 
    will receive before entering the POTW; and
        (iv) Wastewaters from other remedial activities. If the POTW 
    receives wastewaters that originate from remedial activities other than 
    those in paragraphs (j)(6) (ii) and (iii) of this section, the 
    applicant shall provide a written description that includes the 
    following information:
        (A) The identity and description of the facility(ies) at which the 
    wastewater originates or is expected to originate;
        (B) The identities of the hazardous constituents in the wastewater; 
    and
        (C) The extent of treatment, if any, the wastewater receives or 
    will receive before entering the POTW;
        (7) Combined sewer overflows. Each applicant with combined sewer 
    systems shall provide the following information:
        (i) Combined sewer system information. The following information 
    regarding the combined sewer system:
        (A) CSO discharge points. The number of combined sewer overflow 
    
    [[Page 62581]]
        (CSO) discharge points in the combined sewer system to be covered by 
    the application;
        (B) System map. A map indicating the location of the following:
        (1) All CSO discharge points;
        (2) Sensitive use areas potentially affected by CSOs (e.g., 
    beaches, drinking water supplies, shellfish beds, sensitive aquatic 
    ecosystems, and outstanding natural resource waters); and
        (3) Waters supporting threatened and endangered species potentially 
    affected by CSOs;
        (C) System diagram. A diagram of the combined sewer collection 
    system that includes the following information:
        (1) The location of major sewer trunk lines, both combined and 
    separate sanitary;
        (2) The locations of points where separate sanitary sewers feed 
    into the combined sewer system;
        (3) In-line and off-line storage structures;
        (4) The locations of flow-regulating devices; and
        (5) The locations of pump stations; and
        (D) System evaluation. A list of studies, including modeling 
    studies, hydraulic studies, past monitoring efforts, and facility 
    plans, that have been performed on the collection system since the last 
    permit application; and
        (ii) Information on CSO outfalls. The following information for 
    each CSO discharge point covered by the permit application:
        (A) Description of outfall. The following information on each 
    outfall:
        (1) Outfall number;
        (2) State, county, and city or town in which outfall is located;
        (3) Latitude and longitude, to the nearest second; and
        (4) Distance from shore and depth below surface;
        (B) Monitoring. Indicate if any of the following were monitored in 
    the past year for this CSO and provide the results of this monitoring:
        (1) Rainfall;
        (2) CSO flow volume;
        (3) CSO water quality;
        (4) Receiving water quality; and
        (5) The number of storm events;
        (C) CSO incidents. The following information about CSO incidents:
        (1) The number of incidents in the past year;
        (2) The average duration per incident;
        (3) The average volume per CSO incident; and
        (4) The minimum rainfall that caused a CSO incident in the last 
    year;
        (D) Description of receiving waters. The following information 
    about receiving waters:
        (1) Name and type of receiving water (e.g., stream/river, lake/
    pond, estuary, ocean);
        (2) Name of watershed/stream system and the United States Soil 
    Conservation Service watershed (14-digit) code (if known); and
        (3) Name of State Management/River Basin and the United States 
    Geological Survey hydrologic cataloging unit (8-digit) code (if known); 
    and
        (E) CSO operations. The following information concerning CSO 
    operations:
        (1) Whether the CSO includes contributions from significant 
    industrial users; and
        (2) A description of any known water quality impacts on the 
    receiving water caused by the CSO (e.g., permanent or intermittent 
    beach closings, permanent or intermittent shellfish bed closings, fish 
    kills, fish advisories, other recreational loss, or exceedance of any 
    applicable State water quality standard);
        (8) Contractors. All applicants shall provide the name, mailing 
    address, telephone number, and responsibilities of all contractors 
    responsible for any operational or maintenance aspects of the facility; 
    and
        (9) Signature. All applications shall be signed by a certifying 
    official in compliance with Sec. 122.22.
    * * * * *
        (q) Sewage sludge management. All treatment works treating domestic 
    sewage, except ``sludge-only facilities'' subject to paragraph 
    (c)(2)(iii) of this section, shall provide the information in this 
    paragraph to the Director, using Form 2S or another form approved by 
    the Director. The Director may waive any requirement of this paragraph 
    if the Director has access to substantially identical information.
        (1) Facility information. All applicants shall submit the following 
    information:
        (i) The name, mailing address, and location of the treatment works 
    treating domestic sewage for which the application is submitted;
        (ii) The facility's latitude and longitude to the nearest second, 
    and method of determination;
        (iii) Whether the facility is a Class I Sludge Management Facility;
        (iv) The design influent flow rate (in million gallons per day); 
    and
        (v) The total population served;
        (2) Applicant information. All applicants shall submit the 
    following information:
        (i) The name, mailing address, and telephone number of the 
    applicant;
        (ii) Indication whether the applicant is the owner, operator, or 
    both; and
        (iii) The applicant's status as Federal, State, private, public, or 
    other entity;
        (3) Permit information. All applicants shall submit the facility's 
    NPDES permit number, if applicable, and a listing of all other Federal, 
    State, and local permits or construction approvals received or applied 
    for under any of the following programs:
        (i) Hazardous Waste Management program under the Resource 
    Conservation and Recovery Act (RCRA);
        (ii) UIC program under the Safe Drinking Water Act (SDWA);
        (iii) NPDES program under the Clean Water Act (CWA);
        (iv) Prevention of Significant Deterioration (PSD) program under 
    the Clean Air Act;
        (v) Nonattainment program under the Clean Air Act;
        (vi) National Emission Standards for Hazardous Air Pollutants 
    (NESHAPS) preconstruction approval under the Clean Air Act;
        (vii) Dredge or fill permits under section 404 of CWA; and
        (viii) Other relevant environmental permits, including State or 
    local permits;
        (4) Federal Indian Reservations. All applicants shall identify any 
    generation, treatment, storage, land application, or disposal of sewage 
    sludge that occurs on Federal Indian Reservations;
        (5) Topographic map. All applicants shall submit a topographic map 
    (or other map if a topographic map is unavailable) extending one mile 
    beyond property boundaries of the facility and showing the following 
    information:
        (i) All sewage sludge management facilities, including use and 
    disposal sites;
        (ii) All water bodies; and
        (iii) Wells used for drinking water listed in public records or 
    otherwise known to the applicant within 1/4 mile of the facility 
    property boundaries;
        (6) Sewage sludge handling. All applicants shall submit a line 
    drawing and/or a narrative description that identifies all sewage 
    sludge management practices employed during the term of the permit, 
    including all units used for collecting, dewatering, storing, or 
    treating sewage sludge, the destination(s) of all liquids and solids 
    leaving each such unit, and all processes used for pathogen reduction 
    and vector attraction reduction;
        (7) Sewage sludge quality. (i) If the applicant is a ``Class I 
    sludge management facility,'' the applicant shall submit the results of 
    a toxicity characteristic leaching procedure (TCLP), as described in 40 
    CFR part 261, conducted in the last five years to determine whether the 
    sewage sludge is a hazardous waste.
        (ii) The applicant shall submit sewage sludge monitoring data for 
    the 
    
    [[Page 62582]]
    parameters indicated in paragraphs (q)(7)(ii) (A) through (B) of this 
    section. Monitoring data shall be two years old or less. The data for 
    each parameter shall include the concentration in sewage sludge (mg/kg 
    dry weight), the sample date(s), the analytical method, and the minimum 
    detection level for the analysis.
        (A) ``Class I Sludge Management Facilities,'' as defined in 
    Sec. 122.2, shall submit sewage sludge monitoring data for TKN, 
    ammonia, nitrate, total phosphorus, the pollutants in Appendix J of 
    this part, Tables 2 and 3, and any other parameters for which limits in 
    sewage sludge have been established in 40 CFR part 503 on the date of 
    permit application.
        (B) All other facilities required to apply under this section shall 
    submit sewage sludge monitoring data for TKN, ammonia, nitrate, total 
    phosphorus and those pollutants for which limits in sewage sludge have 
    been established in 40 CFR part 503 on the date of permit application;
        (8) Preparation of sewage sludge. If the applicant is a ``person 
    who prepares'' sewage sludge, as defined at 40 CFR 503.9(r), the 
    applicant shall provide the following information:
        (i) If the applicant's facility generates sewage sludge, the total 
    dry metric tons per 365-day period generated at the facility;
        (ii) If the applicant's facility receives sewage sludge from 
    another facility, the following information for each facility from 
    which sewage sludge is received:
        (A) The name, mailing address, and location of the other facility;
        (B) The total dry metric tons per 365-day period received from the 
    other facility; and
        (C) A description of any treatment processes occurring at the other 
    facility, including blending activities and treatment to reduce 
    pathogens or vector attraction characteristics;
        (iii) If the applicant's facility changes the quality of sewage 
    sludge through blending, treatment, or other activities, the following 
    information:
        (A) Whether the Class A pathogen reduction requirements in 40 CFR 
    503.32(a) or the Class B pathogen reduction requirements in 40 CFR 
    503.32(b) are met, and a description of any treatment processes used to 
    reduce pathogens in sewage sludge;
        (B) Whether any of the vector attraction reduction options of 40 
    CFR 503.33(b)(1) through (b)(8) are met, and a description of any 
    treatment processes used to reduce vector attraction properties in 
    sewage sludge; and
        (C) A description of any other blending, treatment, or other 
    activities that change the quality of sewage sludge;
        (iv) If sewage sludge from the applicant's facility meets the 
    ceiling concentrations in 40 CFR 503.13(b)(1), the pollutant 
    concentrations in 40 CFR 503.13(b)(3), the Class A pathogen 
    requirements in 40 CFR 503.32(a), and one of the vector attraction 
    reduction requirements in 40 CFR 503.33(b)(1) through (b)(8), and if 
    the sewage sludge is applied to the land, the applicant shall provide 
    the total dry metric tons per 365-day period of sewage sludge subject 
    to this paragraph that is applied to the land;
        (v) If sewage sludge from the applicant's facility is sold or given 
    away in a bag or other container for application to the land, and the 
    sewage sludge is not subject to paragraph (q)(8)(iv) of this section, 
    the applicant shall provide the following information:
        (A) The total dry metric tons per 365-day period of sewage sludge 
    subject to this paragraph that is sold or given away in a bag or other 
    container for application to the land; and
        (B) A copy of all labels or notices that accompany the sewage 
    sludge being sold or given away;
        (vi) If sewage sludge from the applicant's facility is provided to 
    another ``person who prepares,'' as defined at 40 CFR 503.9(r), and the 
    sewage sludge is not subject to paragraph (q)(8)(iv) of this section, 
    the applicant shall provide the following information for each facility 
    receiving the sewage sludge:
        (A) The name and mailing address of the receiving facility;
        (B) The total dry metric tons per 365-day period of sewage sludge 
    subject to this paragraph that the applicant provides to the receiving 
    facility;
        (C) A description of any treatment processes occurring at the 
    receiving facility, including blending activities and treatment to 
    reduce pathogens or vector attraction characteristic;
        (D) A copy of the notice and necessary information that the 
    applicant is required to provide the receiving facility under 40 CFR 
    503.12(g); and
        (E) If the receiving facility places sewage sludge in bags or 
    containers for sale or give-away to application to the land, a copy of 
    any labels or notices that accompany the sewage sludge;
        (9) Land application of bulk sewage sludge. If sewage sludge from 
    the applicant's facility is applied to the land in bulk form, and is 
    not subject to Sec. 122.21(q)(8)(iv), (v), or (vi), the applicant shall 
    provide the following information:
        (i) The total dry metric tons per 365-day period of sewage sludge 
    subject to this paragraph (q)(9) that is applied to the land;
        (ii) If any land application sites are located in States other than 
    the State where the sewage sludge is prepared, a description of how the 
    applicant will notify the permitting authority for the State(s) where 
    the land application sites are located;
        (iii) The following information for each land application site that 
    has been identified at the time of permit application:
        (A) The name (if any), and location for the land application site;
        (B) The name, mailing address, and telephone number of the site 
    owner, if different from the applicant;
        (C) The name, mailing address, and telephone number of the person 
    who applies sewage sludge to the site, if different from the applicant;
        (D) Whether the site is agricultural land, forest, a public contact 
    site, or a reclamation site, as such site types are defined under 40 
    CFR 503.11;
        (E) The type of vegetation grown on the site, if known, and the 
    nitrogen requirement for this vegetation;
        (F) Whether either of the vector attraction reduction options of 40 
    CFR 503.33(b)(9) or (b)(10) is met at the site, and a description of 
    any procedures employed at the time of use to reduce vector attraction 
    properties in sewage sludge; and
        (G) Any available ground-water monitoring data, with a description 
    of the well locations and approximate depth to ground water, for the 
    land application site;
        (iv) The following information for each land application site that 
    has been identified at the time of permit application, if the applicant 
    intends to apply bulk sewage sludge subject to the cumulative pollutant 
    loading rates in 40 CFR 503.13(b)(2) to the site:
        (A) Whether the applicant has contacted the permitting authority in 
    the State where the bulk sewage sludge subject to 40 CFR 503.13(b)(2) 
    will be applied, to ascertain whether bulk sewage sludge subject to 40 
    CFR 503.13(b)(2) has been applied to the site on or since July 20, 
    1993, and if so, the name of the permitting authority and the name and 
    phone number of a contact person at the permitting authority;
        (B) Identification of facilities other than the applicant's 
    facility that have sent, or are sending, sewage sludge subject to the 
    cumulative pollutant loading rates in 40 CFR 503.13(b)(2) to the site 
    since July 20, 1993, if, based on the inquiry in paragraph 
    (q)(9)(iv)(A) of this section, bulk sewage sludge subject to cumulative 
    pollutant loading rates in 
    
    [[Page 62583]]
    40 CFR 503.13(b)(2) has been applied to the site since July 20, 1993;
        (v) If not all land application sites have been identified at the 
    time of permit application, the applicant shall submit a land 
    application plan that, at a minimum:
        (A) Describes the geographical area covered by the plan;
        (B) Identifies the site selection criteria;
        (C) Describes how the site(s) will be managed;
        (D) Provides for advance notice to the permit authority of specific 
    land application sites and reasonable time for the permit authority to 
    object prior to land application of the sewage sludge; and
        (E) Provides for advance public notice as required by State and 
    local law, but in all cases requires notice to landowners and occupants 
    adjacent to or abutting the proposed land application site;
        (10) Surface disposal. If sewage sludge from the applicant's 
    facility is placed on a surface disposal site, the applicant shall 
    provide the following information:
        (i) The total dry metric tons of sewage sludge from the applicant's 
    facility that is placed on surface disposal sites per 365-day period;
        (ii) The following information for each surface disposal site 
    receiving sewage sludge from the applicant's facility that the 
    applicant does not own or operate:
        (A) The site name or number, contact person, mailing address, and 
    telephone number for the surface disposal site; and
        (B) The total dry metric tons from the applicant's facility per 
    365-day period placed on the surface disposal site; and
        (iii) The following information for each active sewage sludge unit 
    at each surface disposal site that the applicant owns or operates:
        (A) The name or number and the location of the active sewage sludge 
    unit;
        (B) The total dry metric tons placed on the active sewage sludge 
    unit per 365-day period;
        (C) The total dry metric tons placed on the active sewage sludge 
    unit over the life of the unit;
        (D) A description of any liner for the active sewage sludge unit, 
    including whether it has a maximum permeability of 1 x 10-7 cm/
    sec;
        (E) A description of any leachate collection system for the active 
    sewage sludge unit, including the method used for leachate disposal, 
    and any Federal, State, and local permit number(s) for leachate 
    disposal;
        (F) If the active sewage sludge unit is less than 150 meters from 
    the property line of the surface disposal site, the actual distance 
    from the unit boundary to the site property line;
        (G) The remaining capacity (dry metric tons) for the active sewage 
    sludge unit;
        (H) The date on which the active sewage sludge unit is expected to 
    close, if such a date has been identified;
        (I) The following information for any other facility that sends 
    sewage sludge to the active sewage sludge unit:
        (1) The name, contact person, and mailing address of the facility; 
    and
        (2) Available information regarding the quality of the sewage 
    sludge received from the facility, including any treatment at the 
    facility to reduce pathogens or vector attraction characteristics;
        (J) Whether any of the vector attraction reduction options of 40 
    CFR 503.33(b)(9) through (b)(11) is met at the active sewage sludge 
    unit, and a description of any procedures employed at the time of 
    disposal to reduce vector attraction properties in sewage sludge;
        (K) The following information, as applicable to any ground-water 
    monitoring occurring at the active sewage sludge unit:
        (1) A description of any ground-water monitoring occurring at the 
    active sewage sludge unit;
        (2) Any available ground-water monitoring data, with a description 
    of the well locations and approximate depth to ground water;
        (3) A copy of any ground-water monitoring plan that has been 
    prepared for the active sewage sludge unit; and
        (4) A copy of any certification that has been obtained from a 
    qualified ground-water scientist that the aquifer has not been 
    contaminated; and
        (L) If site-specific pollutant limits are being sought for the 
    sewage sludge placed on this active sewage sludge unit, information to 
    support such a request;
        (11) Incineration. If sewage sludge from the applicant's facility 
    is fired in a sewage sludge incinerator, the applicant shall provide 
    the following information:
        (i) The total dry metric tons of sewage sludge from the applicant's 
    facility that is fired in sewage sludge incinerators per 365-day 
    period;
        (ii) The following information for each sewage sludge incinerator 
    firing the applicant's sewage sludge that the applicant does not own or 
    operate:
        (A) The name and/or number, contact person, mailing address, and 
    telephone number of the sewage sludge incinerator; and
        (B) The total dry metric tons from the applicants facility per 365-
    day period fired in the sewage sludge incinerator;
        (iii) The following information for each sewage sludge incinerator 
    that the applicant owns or operates:
        (A) The name and/or number and the location of the sewage sludge 
    incinerator;
        (B) The total dry metric tons per 365-day period fired in the 
    sewage sludge incinerator;
        (C) Information, test data, and documentation of ongoing operating 
    parameters indicating that compliance with the National Emission 
    Standard for Beryllium in 40 CFR part 61 will be achieved;
        (D) Information, test data, and documentation of ongoing operating 
    parameters indicating that compliance with the National Emission 
    Standard for Mercury in 40 CFR part 61 will be achieved;
        (E) The dispersion factor for the sewage sludge incinerator, as 
    well as modeling results and supporting documentation;
        (F) The control efficiency for parameters regulated in 40 CFR 
    503.43, as well as performance test results and supporting 
    documentation;
        (G) Information used to calculate the risk specific concentration 
    (RSC) for chromium, including the results of incinerator stack tests 
    for hexavalent and total chromium concentrations, if the applicant is 
    requesting a chromium limit based on a site-specific RSC value;
        (H) The concentration (ppm) of total hydrocarbons (THC) or Carbon 
    Monoxide (CO) in the exit gas for the sewage sludge incinerator, as 
    well as supporting documentation, both before and after correction for 
    zero percent moisture and correction to seven percent oxygen as 
    required in 40 CFR 503.44;
        (I) The oxygen concentration in the sewage sludge incinerator stack 
    exit gas;
        (J) Information used to determine the moisture content of the 
    sewage sludge incinerator stack exit gas;
        (K) The type of sewage sludge incinerator;
        (L) The combustion temperature, as obtained during the performance 
    test of the sewage sludge incinerator to determine pollutant control 
    efficiencies;
        (M) The following information on sewage sludge feed rate:
        (1) Sewage sludge feed rate in dry metric tons per day;
        (2) Identification of whether the feed rate submitted is average 
    use or maximum design; and
        (3) A description of how the feed rate was calculated;
        (N) The incinerator stack height in meters for each stack, 
    including identification of whether actual or creditable stack height 
    was used; 
    
    [[Page 62584]]
    
        (O) The operating parameters for the sewage sludge incinerator air 
    pollution control device(s), as obtained during the performance test of 
    the sewage sludge incinerator to determine pollutant control 
    efficiencies;
        (P) Identification of the monitoring equipment in place, including 
    (but not limited to) equipment to monitor the following:
        (1) Total hydrocarbons or Carbon Monoxide;
        (2) Percent oxygen;
        (3) Percent moisture; and
        (4) Combustion temperature; and
        (Q) A list of all air pollution control equipment used with this 
    sewage sludge incinerator;
        (12) Disposal in a municipal solid waste landfill. If sewage sludge 
    from the applicant's facility is sent to a municipal solid waste 
    landfill (MSWLF), the applicant shall provide the following information 
    for each MSWLF to which sewage sludge is sent:
        (i) The name, contact person, mailing address, location, and all 
    applicable permit numbers of the MSWLF;
        (ii) The total dry metric tons per 365-day period sent from this 
    facility to the MSWLF;
        (iii) A determination of whether the sewage sludge meets applicable 
    requirements for disposal of sewage sludge in a MSWLF, including the 
    results of the paint filter liquids test and any additional 
    requirements that apply on a site-specific basis; and
        (iv) Information, if known, indicating whether the MSWLF complies 
    with criteria set forth in 40 CFR Part 258;
        (13) Contractors. All applicants shall provide the name, mailing 
    address, telephone number, and responsibilities of all contractors 
    responsible for any operational or maintenance aspects of the facility;
        (14) Other information. At the request of the permitting authority, 
    the applicant shall provide any other information necessary to 
    determine the appropriate standards for permitting under 40 CFR part 
    503, and shall provide any other information necessary to assess the 
    sewage sludge use and disposal practices, determine whether to issue a 
    permit, or identify appropriate permit requirements; and
        (15) Signature. All applications shall be signed by a certifying 
    official in compliance with Sec. 122.22.
        7. Part 122 is amended by adding Appendix J to read as follows:
    
    Appendix J to Part 122--NPDES Permit Testing Requirements for Publicly 
    Owned Treatment Works (Sec. 122.21(j)) and Treatment Works Treating 
    Domestic Sewage (Sec. 122.21(q))
    
    Table 1--Effluent Parameters for All POTWS
    
    Ammonia (as N)
    Biochemical oxygen demand (BOD-5 or CBOD-5)
    Chlorine (total residual, TRC)
    Dissolved oxygen
    E. Coli
    Enterococci
    Fecal coliform
    Flow Rate
    Hardness (as CaCO3)
    Kjeldahl nitrogen
    Nitrate/Nitrite
    Oil and grease
    pH
    Phosphorus
    Temperature
    Total dissolved solids
    Total suspended solids
    
    Table 2--Effluent and Sewage Sludge Parameters for Selected POTWS and 
    Treatment Works Treating Domestic Sewage
    
    Metals (Total Recoverable), Cyanide and Total Phenols
    
    Antimony
        7440-36-0
    Arsenic
        7440-38-2
    Beryllium
        7440-41-7
    Cadmium
        7440-43-9
    Chromium
        7440-47-3
    Copper
        7440-50-8
    Lead
        7439-92-1
    Mercury
        7439-97-6
    Nickel
        7440-02-0
    Selenium
        7782-49-2
    Silver
        7440-22-4
    Thallium
        7440-28-0
    Zinc
        7440-66-6
    Cyanide
        57-12-5
    Phenols, total
    
    Volatile Organic Compounds
    
    Acrolein
        107-02-8
    Acrylonitrile
        107-13-1
    Benzene
        271-43-2
    Bromoform
        75-25-2
    Carbon tetrachloride
        56-23-5
    Chlorobenzene
        108-90-7
    Chlorodibromomethane
        124-48-1
    Chloroethane
        75-00-3
    2-chloroethylvinyl ether
        110-75-8
    Chloroform
        67-66-3
    Dichlorobromomethane
        75-27-4
    1,1-dichloroethane
        75-34-3
    1,2-dichloroethane
        107-06-2
    Trans-1,2-dichloroethylene
        156-60-5
    1,1- dichloroethylene
        75-35-4
    1,2-dichloropropane
        78-87-5
    1,3-dichloropropene
        542-75-6
    Ethylbenzene
        100-41-4
    Methyl bromide
        74-83-9
    Methyl chloride
        74-87-3
    Methylene chloride
        75-09-2
    1,1,2,2-tetrachloroethane
        630-20-6
    Tetrachloroethylene
        127-18-4
    Toluene
        108-88-3
    1,1,1-trichloroethane
        71-55-6
    1,1,2-trichloroethane
        79-00-5
    Trichloroethylene
        79-01-6
    Vinyl chloride
        75-01-4
    
    Acid-extractable compounds
    
    P-chloro-m-cresol
        59-50-7
    2-chlorophenol
        95-57-8
    2,4-dichlorophenol
        120-83-2
    222,4-dimethylphenol
        105-67-9
    4,6-dinitro-o-cresol
        534-52-1
    2,4-dinitrophenol
        51-28-5
    2-nitrophenol
        887-5-5
    4-nitrophenol
        100-02-7
    Pentachlorophenol
        87-86-5
    Phenol
        108-295-2
    2,4,6-trichlorophenol
        88-06-2
    
    Base-Neutral Compounds
    
    Acenaphthene
        83-32-9
    Acenaphthylene
        208-96-8
    Anthracene 
    
    [[Page 62585]]
    
        120-12-7
    Benzidine
        92-87-5
    Benzo(a)anthracene
        56-55-3
    Benzo(a)pyrene
        50-32-8
    3,4 benzofluoranthene
        205-99-2
    Benzo(ghi)perylene
        191-24-2
    Benzo(k)fluoranthene
        207-08-9
    Bis (2-chloroethoxy) methane
        111-91-1
    Bis (2-chloroethyl) ether
        111-44-4
    Bis (2-chloroisopropyl ether
        108-60-1
    Bis (2-ethylhexyl) phthalate
        117-81-7
    4-bromophenyl phenyl ether
        101-55-3
    Butyl benzyl phthalate
        85-68-7
    2-chloronaphthalene
        91-58-7
    4-chlorophenyl phenyl ether
        7005-72-3
    Chrysene
        218-01-9
    Di-n-butyl phthalate
        84-74-2
    Di-n-octyl phthalate
        117-84-0
    Dibenzo(a,h)anthracene
        53-70-3
    1,2-dichlorobenzene
        95-50-1
    1,3-dichlorobenzene
        541-73-1
    1,4-dichlorobenzene
        106-46-7
    3,3'-dichlorobenzidine
        91-94-1
    Diethyl phthalate
        84-66-2
    Dimethyl phthalate
        131-11-3
    2,4-dinitrotoluene
        121-14-2
    2,6-dinitrotoluene
        606-20-2
    1,2-diphenylhydrazine
        122-66-7
    Fluoranthene
        206-44-0
    Fluorene
        86-73-7
    Hexachlorobenzene
        118-74-1
    Hexachlorobutadiene
        87-68-3
    Hexachlorocyclopentadiene
        77-47-4
    Hexachloroethane
        67-72-1
    Indeno(1,2,3-cd)pyrene
        193-39-5
    Isophorone
        78-59-1
    Naphthalene
        91-20-3
    Nitrobenzene
        98-95-3
    N-nitrosodi n-propylamine
        621-64-7
    N-nitrosodimethylamine
        62-75-9
    N-nitrosodiphenylamine
        86-30-6
    Phenanthrene
        85-01-8
    Pyrene
        129-00-0
    1,2,4,-trichlorobenzene
        120-82-1
    
    Table 3--Other Effluent and Sewage Sludge Parameters for Treatment 
    Works Treating Domestic Sewage and Selected POTWS
    
    Metals
    
    Molybdenum
        7439-98-7
    
    Pesticides
    
    Aldrin
        309-00-2
    Alpha-BHC
        319-84-6
    Beta-BHC
        319-85-7
    Delta-BHC
        319-86-8
    Gamma-BHC
        58-89-9
    Chlordane
        57-74-9
    4,4'-DDD
        72-54-8
    4,4'-DDE
        72-55-9
    4,4'-DDT
        50-29-3
    Dieldrin
        60-57-1
    Alpha-endosulfan
        959-98-8
    Beta-endosulfan
        33213-65-9
    Endosulfan sulfate
        1031-07-8
    Endrin
        72-20-8
    Endrin aldehyde
        7421-93-4
    Heptachlor
        76-44-8
    Heptachlor epoxide
        1024-57-3
    PCB-1016 (Aroclor 1016)
        12674-11-2
    PCB-1221 (Aroclor 1221)
        11104-28-2
    PCB-1232 (Aroclor 1232)
        11141-16-5
    PCB-1242 (Aroclor 1242)
        53469-21-9
    PCB-1248 (Aroclor 1248)
        12672-29-6
    PCB-1254 (Aroclor 1254)
        11097-69-1
    PCB-1260 (Aroclor 1260)
        11096-82-5
    Toxaphene
        8001-35-2
    
    Other
    
    2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD)
        1746-01-6
    
    PART 123--STATE PROGRAM REQUIREMENTS
    
        8a. The authority citation for part 123 continues to read as 
    follows:
    
        Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
    
        8b. Section 123.25 is amended by revising paragraph (a)(4) to read 
    as follows:
    
    
    Sec. 123.25  Requirements for permitting.
    
        (a) * * *
        (4) Sections 122.21(a), (b), (c)(2), (e) through (k), (m) through 
    (p), and (q)--(Application for a permit);
    * * * * *
    
    PART 403--GENERAL PRETREATMENT REGULATIONS FOR EXISTING AND NEW 
    SOURCES OF POLLUTION
    
        9. The authority citation for part 403 continues to read as 
    follows:
    
        Authority: Sec. 54(c)(2) of the Clean Water Act of 1977, (Pub. 
    L. 95-217) sections 204(b)(1)(C), 208(b)(2)(C)(iii), 
    301(b)(1)(A)(ii), 301(b)(2)(C), 301(h)(5), 301(i)(2), 304(e), 
    304(g), 307, 308, 309, 402(b), 405, and 501(a) of the Federal Water 
    Pollution Control Act (Pub. L. 92-500) as amended by the Clean Water 
    Act of 1977 and the Water Quality Act of 1987 (Pub. L. 100-4).
    
        10. Section 403.8 is amended by revising paragraph (f)(4) to read 
    as follows:
    
    
    Sec. 403.8  Pretreatment Program Requirements: Development and 
    Implementation by POTW.
    
    * * * * *
        (f) * * *
        (4) The POTW shall:
        (i) Develop local limits as required in Sec. 403.5(c)(1), or 
    demonstrate that they are not necessary; and
        (ii) Following permit issuance or reissuance, provide a written 
    technical evaluation of the need to revise local limits under 40 CFR 
    403.5(c)(1).
    * * * * *
    
    PART 501--STATE SLUDGE MANAGEMENT PROGRAM REGULATIONS
    
        11. The authority citation for part 501 continues to read as 
    follows:
    
        Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
    
        12. Section 501.15 is amended by removing the reference 
    ``Sec. 501.15(a)(2)(ix)'' in paragraphs (d)(4) introductory text, 
    (d)(4)(i)(C), and (d)(5)(ii)(B) and adding in its place 
    ``Sec. 122.21(q)(9)(v)'', and by revising paragraph (a)(2) to read as 
    follows: 
    
    [[Page 62586]]
    
    
    
    Sec. 501.15  Requirements for permitting.
    
        (a) * * *
        (2) Information requirements. All treatment works treating domestic 
    sewage shall submit to the Director the information listed at 40 CFR 
    122.21 (q) within the time frames established in paragraph (d)(1)(ii) 
    of this section.
    * * * * *
        Note: The following form will not appear in the Code of Federal 
    Regulations.
    
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    BILLING CODE 6560-50-C
    
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    Instructions For Completing Form 2A
    
    Application For a NPDES Permit
    
    Background Information
    
        Each wastewater treatment works that discharges treated effluent to 
    waters of the United States must apply for a permit for its discharges. 
    This permitting requirement is part of the National Pollutant Discharge 
    Elimination System (NPDES) program, which is implemented by the U.S. 
    Environmental Protection Agency (EPA). You can obtain a permit for your 
    treatment works by filling out and sending in the appropriate form(s) 
    to your permitting authority. If the State in which your treatment 
    works is located operates its own NPDES program, then the State is your 
    permitting authority and you should ask your State for permit 
    application forms. On the other hand, if EPA operates the NPDES program 
    in your State, then EPA is the permitting authority, and you must fill 
    out and send in Form 2A.
        These instructions explain how to fill out each question in Form 
    2A. Be sure to read the Application Overview section on the cover page 
    of Form 2A before you start filling out the form. Not every applicant 
    will have to fill out every section of Form 2A. The Application 
    Overview section will help you determine which portions of Form 2A 
    apply to your treatment works.
        EPA has developed Form 2A in a modular format, consisting of two 
    packets: The Basic Application Information packet and the Supplemental 
    Application Information packet. At a minimum, all applicants must 
    complete the Basic Application Information packet, which contains 
    questions 1-19. As directed by the Application Overview section on page 
    1 of the form, certain applicants will also need to complete one or 
    more parts of the Supplemental Application Information packet.
    
    Commonly Asked Questions
    
    What If I Need More Space for My Answer?
    
        Some questions on Form 2A require you to write out short answers. 
    If you need more room for your answer than is provided on the form, 
    attach a separate sheet called ``Additional Information.'' At the top 
    of the separate sheet, put the name of your plant, your plant's NPDES 
    permit number, and the number of the outfall that you are writing 
    about. Also, next to your answer, put the question number (from Form 
    2A). Provide this information on any drawings or other papers that you 
    attach to your application as well.
    
    Will the Public Be Able to See the Information I Submit?
    
        Any information you submit on Form 2A will be available to the 
    public. If you send in more information than is requested on Form 2A 
    that is considered company-privileged information, you may ask EPA to 
    keep that extra information confidential. Note that you cannot ask EPA 
    to keep effluent data confidential. If you want any of your plant's 
    information to be confidential, tell EPA this when you submit your 
    application. Otherwise, EPA may make the information public without 
    letting you know in advance. For more information on claims of 
    confidentiality, see EPA's business confidentiality regulations at 
    Title 40, Part 2 of the Code of Federal Regulations (CFR).
    
    How Do I Complete the Forms?
    
        Answer every question on Form 2A that applies to your treatment 
    works. If your answer to a question requires more room than there is on 
    the form, attach additional sheets (see above). If a particular 
    question does not apply to your treatment works, write ``N/A'' (meaning 
    ``not applicable'') as your answer to that question. If you need advice 
    on how to fill out these forms, write or contact your EPA Regional 
    Office or your State office at the following address:
    
    Completing Form 2A
    
    Facility Name and NPDES Permit Number
    
        At the top of each page of Form 2A, put your plant's name and NPDES 
    permit number (if you already have been assigned one) in the 
    appropriate boxes. Also put this information on the top of any 
    ``Additional Information'' sheets you attach. Do not write anything in 
    the space marked ``EPA ID Number.''
        As stated above, Form 2A consists of two packets: the Basic 
    Application Information packet and the Supplemental Application 
    Information packet. These instructions provide directions for 
    completing both of these packets.
    
    Basic Application Information Packet
    
        Paperwork Reduction Act Notice: The public reporting and 
    recordkeeping burden for this collection of information (the Basic 
    Application Information Packet) is estimated to average 5.3 hours 
    per response. This estimate includes the time needed to review 
    instructions; develop, acquire, install, and utilize technology and 
    systems for the purposes of collecting, validating, and verifying 
    information, processing and maintaining information, and disclosing 
    and providing information; adjust the existing ways to comply with 
    any previously applicable instructions and requirements; train 
    personnel to respond to a collection of information; search existing 
    data sources; complete and review the collection of information; and 
    transmit or otherwise disclose the information. An Agency may not 
    conduct or sponsor, and a person is not required to respond to a 
    collection of information unless it displays a currently valid OMB 
    control number.
        Send comments regarding the burden estimate or any other aspect 
    of this collection of information, including suggestions for 
    reducing the burden, to Chief, OPPE Regulatory Information Division, 
    U.S. Environmental Protection Agency (2136), 401 M St., S.W., 
    Washington, DC 20460; and to the Office of Information and 
    Regulatory Affairs, Office of Management and Budget, 725 17th St., 
    N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include 
    the OMB control number in any correspondence. Do not send the 
    completed application form to these addresses.
    
        All applicants must complete the Basic Application Information 
    packet, which consists of questions 1-19. Note that some questions in 
    this packet may not apply to your treatment works. For these questions, 
    write ``N/A'' in the response space.
    
    Application Overview
    
        Read the Application Overview before completing any of Form 2A. 
    This section will help you determine which questions and parts of Form 
    2A apply to your facility. Note that the permitting authority may 
    require you to complete certain questions or provide additional 
    information as well.
        As stated above, all applicants must complete the Basic Application 
    Information packet. However, only certain types of applicants will need 
    to complete the Supplemental Application Information packet. Refer to 
    the directions in the Application Overview section on Form 2A to 
    determine which parts of the Supplemental Application Information 
    packet you need to complete.
    
    Treatment Works
    
    1. Facility Information
        Provide your plant's official or legal name. Do not use a nickname 
    or short name. Also provide your plant's mailing address, a contact 
    person at the plant, his/her title, and that person's work telephone 
    number. The contact person should be someone who has a thorough 
    understanding of the operation of your treatment works. The permitting 
    authority may call this person if there are questions about the 
    application. Also provide the actual facility address (if different 
    than the mailing address). The facility location should be a street 
    address (not a Post Office box number) 
    
    [[Page 62612]]
    or other description of the actual location of the facility. Be sure to 
    provide the city or county and state in which your facility is located.
    2. Applicant Information
        If someone other than the facility contact person is actually 
    submitting this application, provide the name and mailing address of 
    that person's organization. Also provide the name of a contact person, 
    his/her title, and his/her work telephone number. The permitting 
    authority may call this person if there are questions about the 
    application.
        In addition, indicate whether this applicant is the owner or 
    operator (or both) of the treatment works. If it is neither, describe 
    the relationship of the applicant to the treatment works (e.g., 
    contractor). Also indicate whether you want correspondence regarding 
    this application (phone calls, letters, the permit, etc.) directed to 
    the applicant or to the facility address provided in question 1.
    3. Existing Environmental Permits
        Provide the permit number of each currently effective permit issued 
    to the treatment works for NPDES, UIC, RCRA, PSD, and any other 
    environmental program. If you have previously filed an application but 
    have not yet received a permit, give the number of the application, if 
    any. If you have more than one currently effective permit under a 
    particular permit program, list each such permit number. List any other 
    relevant environmental permits under ``Other.'' These may include 
    permits issued under the following programs: (1) Federal: Ocean Dumping 
    Act, Section 404 of the Clean Water Act, or the Surface Mining Control 
    and Reclamation Act; (2) State: new air emission sources in 
    nonattainment areas under Part D of the Clean Air Act or State permits 
    issued under Section 404 of the Clean Water Act; or (3) local: any 
    applicable local environmental permit programs.
    4. Population
        For all the cities, towns, and unincorporated areas served by your 
    plant, enter the number of people served by your plant at the time you 
    complete this form. If you do not know the population of each area, 
    then only provide the total population for your entire treatment works. 
    If another treatment works discharges into your plant, give the name of 
    that other treatment works and the population it serves.
    5. Flow
        a. Provide your plant's current design maximum daily influent flow 
    rate. ``Design maximum daily influent flow rate'' means the average 
    amount of wastewater flow your plant was designed to receive on a daily 
    basis. Enter the flow number in million gallons per day (mgd). 
    Treatment works with a design flow less than 5 mgd must provide the 
    design influent flow rate to two decimal places. Treatment works that 
    are greater than or equal to 5 mgd must report this to 1 decimal place. 
    This is because fluctuations of 0.01 mgd to .09 mgd in smaller 
    treatment works represent a significant percentage of daily flow.
        b. Enter the annual average daily flow rate, in million gallons per 
    day, that your plant actually treated this year and each of the past 
    two years for days that your plant actually discharges. Each year's 
    data must be based on a 12-month time period, with the 12th month of 
    ``this year'' occurring no more than three months prior to this 
    application submittal.
        c. Enter the maximum daily flow rate, in million gallons per day 
    (mgd), that your plant received this year and each of the past two 
    years. Each year's data must be based on a 12-month time period, with 
    the 12th month of ``this year'' occurring no more than three months 
    prior to this application submittal.
    6. Collection System
        Indicate what type of collection system brings wastewater to your 
    plant. If you check both of the collection systems indicated on the 
    form, you must also provide an estimate of what percentage (in terms of 
    miles of pipe) of your entire collection system each type represents. 
    For example, 80 percent separate sanitary sewers would mean that 80 
    percent of the actual miles of pipes are separate sanitary sewers (and 
    20 percent are combined sewers).
         ``Separate sanitary sewer'' means a system of pipes that 
    only carries:
        (1) Domestic wastewater from connections to houses, hotels, non-
    industrial office buildings, institutions, or sanitary waste from 
    industrial facilities.
        (2) Industrial wastewater received through connections to 
    industrial plants or facilities. This consists of water that is used in 
    the manufacturing processes conducted at the facility.
         ``Combined storm and sanitary sewer'' means a system of 
    pipes that carries a mixture of storm water runoff and sanitary 
    wastewater.
    7. Inflow and Infiltration
        Estimate, in gallons per day (gpd), the average amount of water 
    that enters the treatment works through inflow and infiltration. Also 
    explain any actions you are taking to correct or decrease inflow and 
    infiltration.
         ``Inflow'' means that water enters the sewer system from 
    the land's surface in an uncontrolled way. Usually, this happens when 
    surface water runs in through unsealed manhole covers. It may also 
    happen when people illegally connect their foundation drains, roof 
    leaders, cellar drains, yard drains, or catch basins to the sewer 
    system.
         ``Infiltration'' happens when non-wastewater seeps into 
    the sewer system from the ground. Ground water usually leaks into the 
    sewer system through defective pipes, pipe joints, connections, or 
    manholes.
    8. Topographic Map
        Provide a topographic map or maps of the area extending at least to 
    one mile beyond the property boundaries of the facility which clearly 
    show the following:
         The area surrounding the treatment plant, including all 
    unit processes;
         The pipes or other structures through which wastewater 
    enters the treatment plant and the pipes or other structures through 
    which treated wastewater is discharged from the treatment plant. 
    Include outfalls from bypass piping, if applicable;
         Each well where wastewater from the plant is injected 
    underground;
         Wells, springs, other surface water bodies, and drinking 
    water wells that are: (1) Within \1/4\ mile of the property boundaries 
    of the treatment plant, and(2) listed in the public record or otherwise 
    known to you;
         Any areas where the sewage sludge produced by the 
    treatment plant is stored, treated, or disposed;
         If the treatment works receives waste that is classified 
    as hazardous under the Resource Conservation and Recovery Act (RCRA) by 
    truck, rail, or special pipe, show on the map where that hazardous 
    waste enters the treatment plant and where it is treated stored, and/or 
    disposed.
        If a discharge structure, hazardous waste disposal site, or 
    injection well associated with the facility is located more than one 
    mile from the plant, include it on the map, if possible. If not, attach 
    additional sheets describing the location of the structure, disposal 
    site, or well, and identify the U.S. Geological Survey (or other) map 
    corresponding to the location.
        On each map, include the map scale, a meridian arrow showing north 
    and 
    
    [[Page 62613]]
    latitude and longitude at the nearest whole second. On all maps of 
    rivers, show the direction of the current, and in tidal waters, show 
    the directions of the ebb and flow tides. Use a 7\1/2\ minute series 
    map published by the U.S. Geological Survey, which may be obtained 
    through the U.S. Geological Survey Offices listed below. If a 7\1/2\ 
    minute series map has not been published for your facility, then you 
    may use a 15 minute series map from the U.S. Geological Survey. If 
    neither a 7\1/2\ minute or 15 minute series map has been published for 
    your facility site, use a plat map or other appropriate map, including 
    all the requested information; in this case, briefly describe land uses 
    in the map area (e.g., residential, commercial).
        Maps may be purchased at local dealers (listed in your local yellow 
    pages) or purchased over the counter at the following USGS Earth 
    Science Information Centers (ESIC):
    
    Anchorage-ESIC, 4230 University Dr., Rm. 101, Anchorage, AK 99508-
    4664, (907)786-7011
    Lakewood-ESIC, Box 25046, Bldg. 25, Rm. 1813, Denver Federal Center, 
    MS 504, Denver, CO 80225-0046, (303)236-5829
    Lakewood Open Files-ESIC, Box 25286, Bldg. 810, Denver Federal 
    Center, Denver, CO
    Menlo Park-ESIC, Bldg. 3, Rm. 3128, MS 532, 345 Middlefield Rd., 
    Menlo Park, CA 94025-3591, (415)329-4309
    Reston-ESIC, 507 National Center, Reston, VA 22092, (703)648-6045
    Rolla-ESIC, 1400 Independence Rd., MS 231, Rolla, MO 65401-2602, 
    (314)341-0851
    Salt Lake City-ESIC, 2222 West 2300 South, Salt Lake City, UT 84119, 
    (801)975-3742
    Sioux Falls-ESIC, EROS Data Center, Sioux Falls, SD 57198-0001, 
    (605)594-6151
    Spokane-ESIC, U.S. Post Office Bldg., Rm. 135, 904 W. Riverside 
    Ave., Spokane, WA 99201-1088, (509)353-2524
    Stennis Space Center-ESIC, Bldg. 3101, Stennis Space Center, MS 
    39529, (601)688-3541
    Washington, D.C.-ESIC, U.S. Dept. of Interior, 1849 C St., NW, Rm. 
    2650, Washington, D.C. 20240, (202)208-4047
    
        All maps should be either on paper or other material appropriate 
    for reproduction. If possible, all sheets should be approximately 
    letter size with margins suitable for filing and binding. As few sheets 
    as necessary should be used to clearly show what is involved. Each 
    sheet should be labeled with your facility's name, permit number, 
    location (city, county, or town), date of drawing, and designation of 
    the number of sheets of each diagram as ``page ____ of ____.''
    9. Process Flow Diagram or Schematic
        Provide a process flow diagram or schematic that shows how 
    wastewater flows through your plant. On your diagram, include all 
    bypass piping. ``Bypass piping'' is a system of pipes, conduits, gates, 
    and valves that can be used to intentionally divert wastewater flow 
    from any part of your plant directly to a discharge point. A bypass 
    happens before the wastewater has been fully treated. Title your 
    diagram ``Schematic Wastewater Flow.'' An example of a diagram or 
    schematic is shown in Figure A below. Also write a brief description of 
    your diagram.
        In addition to the diagram, provide a water balance that shows the 
    following items:
         All treatment units. Treatment units include all processes 
    used to treat wastewater, such as chlorination and dechlorination 
    units.
         The daily average flow rate (in mgd) that has entered your 
    plant and that has been discharged from your plant over the past 12 
    months.
         The daily average flow rate (in mgd) between treatment 
    units in your facility for the past 12 months.
    
    Figure A--Process Flow Diagram
    
        If possible, submit diagrams that are approximately letter size 
    (8\1/2\ x 11 inches) and leave blank room at the edges so the 
    permitting authority can file or bind the diagram(s) with your 
    application. Submit the fewest number of diagrams that show the whole 
    area. Label all of your plant's discharge points with their outfall 
    numbers. At the top of each sheet, write your plant's name, NPDES 
    permit number, location (city, county, or town), the date you made the 
    diagram, and the number of each diagram sheet as ``page ____ of ____'' 
    (e.g., page 2 of 4).
    10. Bypass
        A ``bypass'' is the intentional diversion of wastewater (e.g., 
    through an arrangement of pipes, conduits, gates, and/or valves) from 
    any portion of your treatment plant to a discharge point before that 
    wastewater is fully treated. Bypasses are prohibited unless the 
    criteria in 40 CFR 122.41(m) are satisfied. For questions 10.a-10.c., 
    provide information on both wet weather and dry weather bypasses if the 
    treatment plant has the ability to bypass untreated or partially 
    treated wastewater.
        a. Provide the number of bypass incidents that occurred at your 
    plant during the past 12 months. Indicate whether this is an actual or 
    approximate number.
        b. Provide the average number of hours that each bypass lasted 
    during the past 12 months. Indicate whether this is an actual or 
    approximate number.
        c. Provide the average volume (in million gallons) of the bypasses 
    over the past 12 months. The average volume is the total number of 
    gallons that were diverted from your plant divided by the number of 
    bypasses. Indicate whether this is an actual or approximate number.
        d. Describe why bypasses happen at your plant.
        e. Provide information regarding the presence and use of backup 
    generators at your plant.
    11. Discharges and Other Disposal Methods
        a. Indicate whether your treatment works discharges effluent to 
    waters of the United States. If the answer to 11.a. is ``No,'' then go 
    to 11.b.
        List the number of each type of outfall to waters of the United 
    States your treatment works has. If your plant has outfalls (other than 
    bypass points) that discharge something other than treated sanitary 
    effluent, give the total number of these outfalls and describe what 
    type of effluent is discharged through them.
    
        Note: If your treatment works discharges to waters of the United 
    States, then you must also complete the following sections of Form 
    2A:
         Questions 15-18;
         Refer to the Application Overview section to determine 
    whether you must also complete the Effluent Testing Information in 
    Part A of the Supplemental Application Information packet.
    
        b. A surface impoundment with no point source discharge (to waters 
    of the U.S.) is a holding pond or basin that is large enough to contain 
    all wastewaters discharged into it. It has no places where water 
    overflows from it. It is used for evaporation of water and very little 
    water seeps into the ground. Your plant must report the location of 
    each surface impoundment, on average how much water is placed in the 
    impoundment each day, and how often water is discharged into the 
    surface impoundment (continuous or intermittent). If your plant 
    discharges to more than one surface impoundment, use an additional 
    sheet (or sheets) to give this information for each impoundment. Attach 
    the additional sheet(s) to the application form. The information on the 
    location of the surface impoundment may be referenced on the 
    topographic map prepared under question 8.
        c. Land application is the spraying or spreading of treated 
    wastewater over an area of land. If your plant applies wastewater to 
    land, you must list the site location, how many acres the site is, how 
    much water is applied (as annual average daily application), and how 
    often the wastewater is applied to the site (continuous or 
    intermittent). If your plant applies wastewater to more than 
    
    [[Page 62614]]
    one site, provide the information for each site on a separate sheet (or 
    sheets). Attach the additional sheet(s) to your application form. The 
    information on the location of the surface impoundment may be 
    referenced on the topographic map prepared under question 8.
        d. If your plant discharges treated or untreated wastewater to 
    another treatment works (including a municipal waste transport or 
    collection system), provide the information requested in question 11.d. 
    If your plant sends wastewater to more than one treatment works, 
    provide this information for each treatment works on an additional 
    sheet (or sheets). Attach the additional sheet(s) to your application 
    form. Describe how the wastewater is transported to the other treatment 
    works. Also provide the name and mailing address of the company that 
    transports your plant's wastewater to this treatment works as well as 
    the name, phone number, and title of the contact person at the 
    transportation company.
        Provide the name and mailing address of each treatment works that 
    receives wastewater from your plant as well as the name, phone number, 
    and title of the contact person at the treatment works that receives 
    your plant's wastewater. Also, provide the NPDES number for the 
    treatment works, if you know it. Indicate the average daily flow, in 
    million gallons per day, that is sent from your plant to the other 
    treatment works.
        e. Indicate whether your treatment works discharges, or has the 
    potential to discharge, through combined sewer overflows. If your 
    response to this question is ``Yes,'' then you must also complete Part 
    D of the Supplemental Application Information packet.
        f. If your plant disposes of its wastewater in some way that was 
    not described by 11.a.-11.e., briefly describe how your plant 
    discharges or disposes of its wastewater. Also give the annual daily 
    volumes disposed of this way and indicate whether the discharge is 
    continuous or intermittent. Other ways to discharge or dispose include 
    underground percolation and well injection.
    12. Federal Indian Reservation
        Federal Indian Reservation means all land within the limits of any 
    Indian reservation under the jurisdiction of the United States 
    Government notwithstanding the issuance of any patent, and including 
    rights-of-way running through the reservation. Indicate whether your 
    plant is located on (i.e., within the limits of) a Federal Indian 
    Reservation and whether the water body into which your plant discharges 
    flows through a Federal Indian Reservation after it receives your plant 
    discharge. If you mark ``Yes'' for either of these questions, describe 
    which parts of your plant are located on a Federal Indian Reservation 
    or indicate how far upstream from a Federal Indian Reservation your 
    plant's discharge is.
    13. Operation/Maintenance Performed by Contractor(s)
        If a contractor carries out any operational or maintenance aspects 
    associated with wastewater treatment or effluent quality at this 
    facility, provide the name, mailing address, and telephone number of 
    each such contractor. Also provide a description of the activities 
    performed by the contractor. Attach additional pages if necessary.
    14. Scheduled Improvements, Schedules of Implementation
        Provide information on any improvements to your treatment works 
    that you are currently planning. Include only those improvements that 
    will affect the wastewater treatment, effluent quality, or design 
    capacity of your treatment works (such improvements may include 
    regionalization of treatment works). Also list the schedule for when 
    these improvements will be started and finished. If your treatment 
    works has more than one improvement planned, use a separate sheet of 
    paper to provide information for each one.
        a. List each outfall number that is covered by the implementation 
    schedule. The outfall numbers you use must be the same as the ones 
    provided under question 15.
        b. Indicate whether the planned improvements or implementation 
    schedules are required by or planned independently of any local, state, 
    or Federal agencies.
        c. Provide a brief description of the improvements to be made for 
    the outfalls listed in question 14.a.
        d. If you are submitting Form 2A for a renewal of an existing NPDES 
    permit and you plan to change your treatment works' influent design 
    flow rate, then provide the proposed new maximum daily influent design 
    flow rate in mgd.
        e. Provide the information requested for each planned improvement. 
    Supply dates for the following stages of any compliance schedule. For 
    improvements that are planned independently of local, State, or Federal 
    agencies, indicate planned or actual completion dates, as applicable. 
    If a step has already been finished, give the date when that step was 
    completed.
         ``Begin Construction'' means the date you plan to start 
    construction.
         ``End Construction'' means the date you expect to finish 
    construction.
         ``Begin Discharge'' means the date that you expect a 
    discharge will start.
         ``Attain Operational Level'' means the date that you 
    expect the effluent level will meet your plant's implementation 
    schedule conditions.
        f. Note whether your treatment works has received appropriate 
    permits or clearances that are required by other Federal or State 
    requirements. If you have received such permits, describe them.
    
        Note: If this treatment works discharges treated wastewater to 
    waters of the United States, go to question 15. If this treatment 
    works does not discharge treated wastewater to waters of the United 
    States, do not complete questions 15-18. Instead, go to question 19 
    (Certification Statement). (You may also be required to complete 
    portions of the Supplemental Application Information packet.)
    
    Effluent Discharges
    
        Answer questions 15-17 once for each outfall through which your 
    treatment works discharges effluent to surface waters of the United 
    States. Do not include information about combined sewer overflow 
    discharge points. Surface water means creeks, streams, rivers, lakes, 
    estuaries, and oceans. If your treatment works has more than one 
    outfall, copy and complete questions 15-17 once for each outfall.
    15. Description of Outfall
        a.-e. Give the outfall number and its location. For location, 
    provide the city or town (if applicable); ZIP code; the county; the 
    state; and the latitude and longitude to the nearest second. If this 
    outfall is a subsurface discharge (e.g., into an estuary, lake, or 
    ocean), indicate how far the outfall is from shore and how far below 
    the water's surface it is. Measure the distances in feet. Give these 
    distances at the lowest point of low tide. Also provide the average 
    daily flow rate in million gallons per day.
        f. Mark whether this outfall is a periodic or intermittent 
    discharge. A ``periodic discharge'' is one that happens regularly (for 
    example, monthly or seasonally), but is not continuous all year. An 
    ``intermittent discharge'' is one that happens sometimes, but not 
    regularly. Discharges from holding ponds, lagoons, etc., may be 
    included as periodic or intermittent. Do not include discharges from 
    bypass points or combined sewer overflows in your answer. Give the 
    number of times per year a discharge occurs from this outfall. Also 
    tell how long each 
    
    [[Page 62615]]
    discharge lasts and how much water is discharged, in million gallons 
    per day. List each month when discharge happens. If you do not have 
    records of exact months in which such discharges occurred, provide an 
    estimate based on the best available information.
        g. Note whether the outfall is equipped with a diffuser. If so, 
    provide a brief description of the type of diffuser used (e.g., high-
    rate).
    16. Description of Receiving Waters
        a. Indicate which type of water this outfall discharges into--
    stream/river, lake, estuary, ocean, or other (describe).
        b. Give the names of the surface waters to which this outfall 
    discharges. For example, ``Control Ditch A, then into Stream B, then 
    into River C, and finally into River D in River Basin E.''
        c. Provide the name of the watershed/river/stream system in which 
    the receiving water (identified in question 16.b.) is located. If 
    known, also provide the 14-digit watershed code assigned to this 
    watershed by the U.S. Soil Conservation Service.
        d. Provide the name of the State Management/River Basin into which 
    this outfall discharges. If known, also provide the 8-digit hydrologic 
    cataloging unit code assigned by the U.S. Geological Survey.
        e. If the water body is a river or stream, provide the acute and 
    chronic critical low flow in cubic feet per second (cfs). If you are 
    unsure of these numbers, the U.S. Geological Survey may be able to give 
    them to you. Or you may be able to get these numbers from prior 
    studies.
        f. Give the total hardness of the receiving stream at critical low 
    flow, in milligrams per liter of CaCO3, if applicable.
    17. Description of Treatment
        a. Indicate the highest level of treatment that your plant provides 
    for the discharge from this outfall.
        b. Give the design removal rates, in percent, for biochemical 
    oxygen demand (BOD5) or carbonaceous biochemical oxygen demand 
    (CBOD5), suspended solids (SS), phosphorus (P), and nitrogen (N).
        c. Describe the type of disinfection your plant uses (for example, 
    chlorination, ozonation, ultraviolet, etc.) and any seasonal variation 
    that may occur. If your plant uses chlorination, indicate whether it 
    also dechlorinates.
        d. Note whether the facility has post aeration.
    
    Effluent Testing Data
    
    18. Effluent Testing Information: Conventional and Nonconventional 
    Pollutants
        All applicants that discharge effluent to waters of the United 
    States must complete question 18. Refer to the Application Overview 
    section to determine if you must also complete the Effluent Testing 
    Information in Part A of the Supplemental Application Information 
    packet.
        Do not include information about combined sewer overflow discharge 
    points in question 18.
        Refer to the following table to determine which effluent testing 
    information questions you must complete and to determine the number of 
    pollutant scans on which to base your data.
    
    ------------------------------------------------------------------------
                                                                 Minimum No.
                                                                  of scans  
      Treatment works characteristics     Form 2A requirements      (see    
                                                                 Appendix A)
    ------------------------------------------------------------------------
    Design flow rate less than   Question 18..........            3 
     1 mgd, and.                                                            
    Not required to have (or                                        
     does not have) a pretreatment                                          
     program.                                                               
    Design flow rate greater     Question 18 and Part             3 
     than or equal to 1 mgd, or .         A of Supplemental                 
                                          Application                       
                                          Information Packet.               
    Required to have a                                              
     pretreatment program (or has one                                       
     in place), or.                                                         
    Otherwise required by the                                       
     permitting authority to provide                                        
     the data.                                                              
    ------------------------------------------------------------------------
    
        Complete question 18 once for each outfall through which effluent 
    is discharged to waters of the United States. Indicate on each page the 
    outfall number (as assigned in questions 15-17) for which the data are 
    provided. Using the blank rows provided on the form, submit any data 
    the facility may have for pollutants not specifically listed in 
    question 18.
        For specific instructions on completing the pollutant tables in 
    question 18, refer to Appendix A of these instructions.
    
    Certification
    
    19. Certification
        Note: Before completing the Certification statement, review the 
    Application Overview section on the cover page of Form 2A to make 
    sure that you have completed all applicable sections of Form 2A, 
    including any parts of the Supplemental Application Information 
    packet.
    
        All permit applications must be signed and certified. Also indicate 
    in the boxes provided which sections of Form 2A you are submitting with 
    this application.
        An application submitted by a municipality, State, Federal, or 
    other public agency must be signed by either a principal executive 
    officer or ranking elected official. A principal executive officer of a 
    Federal agency includes: (1) The chief executive officer of the agency, 
    or (2) a senior executive officer having responsibility for the overall 
    operations of a principal geographic unit of the agency (e.g., Regional 
    Administrators of EPA).
        An application submitted by a corporation must be signed by a 
    responsible corporate officer. A responsible corporate officer means: 
    (1) A president, secretary, treasurer, or vice president in charge of a 
    principal business function, or any other person who performs similar 
    policy- or decision-making functions; or (2) the manager of 
    manufacturing, production, or operating facilities employing more than 
    250 persons or having gross annual sales or expenditures exceeding $25 
    million (in second quarter 1980 dollars), if authority to sign 
    documents has been assigned or delegated to the manager in accordance 
    with corporate procedures.
        An application submitted by a partnership or sole proprietorship 
    must be signed by a general partner or the proprietor, respectively.
        After completing the certification statement (all applicable 
    sections of Form 2A must also be complete), submit the application to:
    
    Supplemental Application Information Packet
    
        EPA has developed Form 2A in a modular format, consisting of two 
    packets: the Basic Application Information packet and the Supplemental 
    Application Information packet. At a minimum, all applicants must 
    complete the Basic Application Information packet. As directed by the 
    Application Overview section on the 
    
    [[Page 62616]]
    cover page of the form, certain applicants will also need to complete 
    one or more parts of the Supplemental Application Information packet.
        The Supplemental Application Information packet is divided into the 
    following parts:
    
     Part A Expanded Effluent Testing Data
     Part B Toxicity Testing Data
     Part C Industrial User Discharges, Pretreatment, and RCRA/
    CERCLA Wastes
     Part D Combined Sewer Systems
    
        Refer to the Application Overview section to determine which 
    part(s) of the Supplemental Application Information packet you must 
    complete.
    
    Part A: Expanded Effluent Testing Data
    
        Paperwork Reduction Act Notice: The public reporting and 
    recordkeeping burden for this collection of information (Part A: 
    Expanded Effluent Data) is estimated to average 5.7 hours per 
    response. This estimate includes the time needed to review 
    instructions; develop, acquire, install, and utilize technology and 
    systems for the purposes of collecting, validating, and verifying 
    information, processing and maintaining information, and disclosing 
    and providing information; adjust the existing ways to comply with 
    any previously applicable instructions and requirements; train 
    personnel to respond to a collection of information; search existing 
    data sources; complete and review the collection of information; and 
    transmit or otherwise disclose the information. An Agency may not 
    conduct or sponsor, and a person is not required to respond to a 
    collection of information unless it displays a currently valid OMB 
    control number.
        Send comments regarding the burden estimate or any other aspect 
    of this collection of information, including suggestions for 
    reducing the burden, to Chief, OPPE Regulatory Information Division, 
    U.S. Environmental Protection Agency (2136), 401 M St., SW., 
    Washington, DC 20460; and to the Office of Information and 
    Regulatory Affairs, Office of Management and Budget, 725 17th St., 
    NW., Washington, DC 20503, Attention: Desk Officer for EPA. Include 
    the OMB control number in any correspondence. Do not send the 
    completed application form to these addresses.
    
        Note: All applicants that discharge effluent to waters of the 
    United States must complete question 18 of the Basic Application 
    Information packet. Refer to the Application Overview section to 
    determine if you must also complete the Effluent Testing Information 
    in Part A of the Supplemental Application Information packet.
    
        Refer to the following table to determine which effluent testing 
    information questions you must complete and to determine the number of 
    pollutant scans on which to base your data.
    
    ------------------------------------------------------------------------
                                                                 Minimum No.
                                                                  of scans  
      Treatment works characteristics     Form 2A requirements      (see    
                                                                 appendix A)
    ------------------------------------------------------------------------
     Design flow rate less than  Question 18..........            3 
     1 mgd, and.                                                            
     Not required to have (or    .....................  ............
     does not have) a pretreatment                                          
     program.                                                               
     Design flow rate greater    Question 18 and Part             3 
     than or equal to 1 mgd, or.          A of Supplemental                 
                                          Application                       
                                          Information Packet.               
     Required to have a          .....................  ............
     pretreatment program (or has one                                       
     in place) or.                                                          
     Otherwise required by the   .....................  ............
     permitting authority to provide                                        
     the date.                                                              
    ------------------------------------------------------------------------
    
        The following instructions apply only to treatment works completing 
    Part A of the Supplemental Application Information packet. Note that 
    the permitting authority may require additional testing on a case-by-
    case basis.
        Complete Part A once for each outfall through which effluent is 
    discharged to waters of the United States. Indicate on each page the 
    outfall number (as assigned in questions 15-17 of the Basic Application 
    Information packet) for which the data are provided. Using the blank 
    rows provided on the form, submit any data the facility may have for 
    pollutants not specifically listed in Part A.
        For specific instructions on completing the pollutant tables in 
    Part A, refer to Appendix A of these instructions.
    
        Note: After completing Part A, refer to the Application Overview 
    section to determine which other sections of Form 2A you must 
    complete. If you have completed all other required sections of Form 
    2A, you may proceed to the Certification Statement in question 19 of 
    the Basic Application Information packet.
    
    Part B. Toxicity Testing Data
    
        Paperwork Reduction Act Notice: The public reporting and 
    recordkeeping burden for this collection of information (Part B: 
    Toxicity Testing Data) is estimated to average 4.5 hours per 
    response. This estimate includes the time needed to review 
    instructions; develop, acquire, install, and utilize technology and 
    systems for the purposes of collecting, validating, and verifying 
    information, processing and maintaining information, and disclosing 
    and providing information; adjust the existing ways to comply with 
    any previously applicable instructions and requirements; train 
    personnel to respond to a collection of information; search existing 
    data sources; complete and review the collection of information; and 
    transmit or otherwise disclose the information. An Agency may not 
    conduct or sponsor, and a person is not required to respond to a 
    collection of information unless it displays a currently valid OMB 
    control number.
        Send comments regarding the burden estimate or any other aspect 
    of this collection of information, including suggestions for 
    reducing the burden, to Chief, OPPE Regulatory Information Division, 
    U.S. Environmental Protection Agency (2136), 401 M St., S.W., 
    Washington, DC 20460; and to the Office of Information and 
    Regulatory Affairs, Office of Management and Budget, 725 17th St., 
    N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include 
    the OMB control number in any correspondence. Do not send the 
    completed application form to these addresses.
    
        Treatment works meeting one or more of the following criteria must 
    submit the results of whole effluent toxicity testing:
        1. Treatment works with a design influent flow rate greater than or 
    equal to one mgd; or
        2. Treatment works with an approved pretreatment program (as well 
    as those required to have one); or
        3. Treatment works otherwise required by the permitting authority 
    to submit the results of whole effluent toxicity testing.
        Applicants completing Part B must submit the results from any whole 
    effluent toxicity test conducted during the past three years that have 
    not been reported or submitted to the permitting authority for each 
    outfall discharging effluent to the waters of the United States. Do not 
    include information on combined sewer overflows in this section. If the 
    applicant conducted a whole effluent toxicity test during the past 
    three years that revealed toxicity, then provide any information 
    available on the cause of the toxicity or any results of a toxicity 
    reduction evaluation, if one was conducted.
        Test results provided in Part B must be based on multiple species 
    being 
    
    [[Page 62617]]
    tested quarterly for a minimum of one year. For multiple species, EPA 
    requires a minimum of two species (e.g., vertebrates and 
    invertebrates). The permitting authority may require the applicant to 
    include other species (e.g., plants) as well. Applicants must provide 
    these tests for acute or chronic toxicity, depending on the range of 
    the receiving water dilution. EPA recommends that applicants conduct 
    acute or chronic toxicity testing based on the following dilutions:
         Acute toxicity testing if the dilution of the effluent is 
    greater than 1000:1 at the edge of the mixing zone.
         Acute or chronic toxicity testing if the dilution of the 
    effluent is between 100:1 and 1000:1 at the edge of the mixing zone. 
    Acute testing may be more appropriate at the higher end of this range 
    (1000:1), and chronic testing may be more appropriate at the lower end 
    of this range (100:1).
         Chronic toxicity testing if the dilution of the effluent 
    is less than 100:1 at the edge of the mixing zone.
        All data provided in Part B must be based on tests performed within 
    three years prior to completing this application. The tests must have 
    been conducted since the last NPDES permit issuance or permit 
    modification under 40 CFR 122.62(a). In addition, applicants only need 
    to submit data that have not previously been submitted to the 
    permitting authority. Thus, if test data have already been submitted 
    (within the last three years) in accordance with an issued NPDES 
    permit, the treatment works may note the dates the tests were submitted 
    and need not fill out the information requested in question B.2. for 
    that test.
        Additional copies of Part B may be used in submitting the required 
    information. A permittee having no significant toxicity in the effluent 
    over the past year and who has submitted all toxicity test results 
    through the end of the calendar quarter preceding the time of permit 
    application would need to supply no additional data as toxicity testing 
    data as part of this application. Instead, the applicant should 
    complete question B.4., which requests a summary of bioassay test 
    information already submitted. (See below for more detailed 
    instructions on completing question B.4.)
        Where test data are requested to be reported, the treatment works 
    has the option of reporting the requested data on Form 2A or on reports 
    supplied by the laboratories conducting the testing, provided the data 
    requested are complete and presented in a logical fashion. The 
    permitting authority reserves the right to request that the data be 
    reported on Form 2A.
    B.1. Required Tests
        a. Provide the total number of chronic and acute whole effluent 
    toxicity tests conducted in the past three years. A ``chronic'' 
    toxicity test continues for a relatively long period of time, often 
    one-tenth the life span of the organism or more. An ``acute'' toxicity 
    test is one in which the effect is observed in 96 hours or less.
    B.2. Individual Test Data
        Complete B.2. for each test conducted in the last three years for 
    which data has not been submitted. Use the columns provided on the form 
    for each test and specify the test number at the top of each column. 
    Use additional copies of question B.2. if more than three tests are 
    being reported. The parameters listed on the form are based on EPA-
    recommended test methods. Permittees may be required by the permitting 
    authority to submit additional test parameter data for the purposes of 
    quality assurance.
        If the treatment works is conducting whole effluent toxicity tests 
    and reporting its results in accordance with an NPDES permit 
    requirement, then the treatment works may note the dates the tests were 
    submitted and need not fill out the information requested in question 
    B.2. for those tests (unless otherwise required by the permitting 
    authority).
        a. Provide the information requested on the form for each test 
    reported. Under ``Test species,'' provide the scientific name of the 
    organism used in the test. The ``Outfall number'' reported must 
    correlate to the outfall numbers listed in questions 15-17 of the Basic 
    Application Information packet.
        b. Provide the source of the toxicity test methods followed. In 
    conducting the tests, the treatment works must use methods approved in 
    accordance with 40 CFR Part 136 [Note: Approved methods are currently 
    under development].
        c. Indicate whether 24-hour composite or grab samples were used for 
    each test. For multiple grab samples, provide the number of grab 
    samples used. Refer to Appendix A of the instructions for a definition 
    of composite and grab samples.
        d. Indicate whether the sample was taken before or after 
    disinfection and/or after dechlorination.
        e. Provide a description of the point in the treatment process at 
    which the sample was collected.
        f. Indicate whether the test was intended to assess chronic or 
    acute toxicity.
        g. Indicate which type of test was performed. A ``static'' test is 
    a test performed with a single constant volume of water. In a ``static-
    renewal'' test, the volume of water is renewed at discrete intervals. 
    In a ``flow-through'' test, the volume of water is renewed 
    continuously.
        h. Indicate whether laboratory water or the receiving water of the 
    tested outfall was used as the source of dilution water. If laboratory 
    water was used, provide the type of water used.
        i. Indicate whether fresh or salt water was used as the dilution 
    water. For salt water, specify whether the salt water was natural or 
    artificial (specify the type of artificial water used).
        j. For each concentration in the test series, provide the 
    percentage of effluent used.
        k. Provide the minimum and maximum parameters measured during the 
    test for pH, salinity, temperature, ammonia, and dissolved oxygen.
        l. Provide the results of each test performed. For acute toxicity 
    tests, provide the percent survival of the test species in 100 percent 
    effluent. Also provide the LC50 (Lethal Concentration to 50 
    percent) of the test. ``LC50'' is the effluent (or toxicant) 
    concentration estimated to be lethal to 50 percent of the test 
    organisms during a specific period. Indicate any other test results in 
    the space provided.
        For chronic toxicity tests, provide data at the most sensitive 
    endpoint. While this is generally expressed as a ``NOEC'' (No Observed 
    Effect Concentration), it may be expressed as an ``Inhibition 
    Concentration'' (e.g., ``IC25''--Inhibition Concentration to 25 
    percent). The NOEC is the highest measured concentration of an effluent 
    (or a toxicant) at which no significant adverse effects are observed on 
    the test organisms at a specific time of observation. The IC25 is 
    the effluent (or toxicant) concentration estimated to cause a 25 
    percent reduction in reproduction, fecundity, growth, or other non-
    quantal biological measurements. Indicate any other test results in the 
    space provided.
        m. Provide the mortality (in percent) of the control group. 
    Indicate any other relevant information about the control group in the 
    space provided.
    B.3. Toxicity Reduction Evaluation
        A Toxicity Reduction Evaluation (TRE) is a site-specific study 
    conducted in a stepwise process designed to identify the causative 
    agents of effluent toxicity, evaluate the effectiveness of 
    
    [[Page 62618]]
    toxicity control options, and then confirm the reduction in effluent 
    toxicity. If the treatment works is conducting a TRE as part of a NPDES 
    permit requirement or enforcement order, then you only need to provide 
    the date of the last progress report concerning the TRE in the area 
    reserved for details of the TRE.
    B.4. Summary of Submitted Biomonitoring Test Information
        As stated above, applicants that have already submitted the results 
    of biomonitoring test information over the past three years do not need 
    to resubmit this data with Form 2A. Instead, indicate in question B.4. 
    the date you submitted each report and provide a summary of the test 
    results for each report. Include in this summary the following 
    information: the outfall number and collection dates of the samples 
    tested, dates of testing, toxicity testing method(s) used, and a 
    summary of the results from the test (e.g, 100% survival in 40% 
    effluent).
    
        Note: After completing Part B, refer to the Application Overview 
    section to determine which other sections of Form 2A you must 
    complete. If you have completed all other required sections of Form 
    2A, you may proceed to the Certification Statement in question 19 of 
    the Basic Application Information packet.
    
    Part C. Industrial User Discharges, Pretreatment, and RCRA/CERCLA 
    Wastes
    
        Paperwork Reduction Act Notice: The public reporting and 
    recordkeeping burden for this collection of information (Part C: 
    Industrial User Discharges, Pretreatment, and RCRA/CERCLA Wastes) is 
    estimated to average 4.3 hours per response. This estimate includes 
    the time needed to review instructions; develop, acquire, install, 
    and utilize technology and systems for the purposes of collecting, 
    validating, and verifying information, processing and maintaining 
    information, and disclosing and providing information; adjust the 
    existing ways to comply with any previously applicable instructions 
    and requirements; train personnel to respond to a collection of 
    information; search existing data sources; complete and review the 
    collection of information; and transmit or otherwise disclose the 
    information. An Agency may not conduct or sponsor, and a person is 
    not required to respond to a collection of information unless it 
    displays a currently valid OMB control number.
        Send comments regarding the burden estimate or any other aspect 
    of this collection of information, including suggestions for 
    reducing the burden, to Chief, OPPE Regulatory Information Division, 
    U.S. Environmental Protection Agency (2136), 401 M St., S.W., 
    Washington, DC 20460; and to the Office of Information and 
    Regulatory Affairs, Office of Management and Budget, 725 17th St., 
    N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include 
    the OMB control number in any correspondence. Do not send the 
    completed application form to these addresses.
    
        All treatment works receiving discharges from significant 
    industrial users (SIUs) or facilities that receive RCRA or CERCLA 
    wastes must complete Part C.
        A ``categorical industrial user'' is an industrial user that is 
    subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 
    CFR Chapter I, Subchapter N, which are technology-based standards 
    developed by EPA setting industry-specific effluent limits. (A list of 
    Industrial Categories subject to Categorical Pretreatment Standards is 
    included in Appendix B.)
        A ``significant industrial user'' is defined in 40 CFR 403.3(t) as 
    an industrial user that:
        (1) is subject to Categorical Pretreatment Standards under 40 CFR 
    403.6 and 40 CFR Chapter I, Subchapter N; and
        (2) any other industrial user that: discharges an average of 25,000 
    gallons per day or more of process wastewater to the treatment works 
    (excluding sanitary, non-contact cooling and boiler blowdown 
    wastewater); contributes a process wastestream that makes up 5 percent 
    or more of the average dry weather hydraulic or organic capacity of the 
    treatment works; or is designated as such by the Control Authority as 
    defined in 40 CFR 403.12(a) on the basis that the industrial user has a 
    reasonable potential for adversely affecting the treatment works 
    operation or for violating any pretreatment standard or requirement (in 
    accordance with 40 CFR 403.8(f)(6)).
        An ``industrial user'' means any industrial or commercial entity 
    that discharges wastewater that is not domestic wastewater. Domestic 
    wastewater includes wastewater from connections to houses, hotels, non-
    industrial office buildings, institutions, or sanitary waste from 
    industrial facilities. The number of ``industrial users'' is the total 
    number of industrial and commercial users that discharge to the 
    treatment works.
        For the purposes of completing the application form, please provide 
    information on non-categorical SIUs and categorical industrial users 
    separately.
    
    General Information
    
    C.1. Number of Industrial Users
        Provide the number of SIUs and the number of categorical industrial 
    users only that discharge to your treatment works.
    C.2. Average Daily Flow From Industrial Users
        Provide an estimate of the daily flow of wastewater, in mgd, 
    received from all industrial users, significant industrial users only, 
    and categorical industrial users only.
    C.3. Industrial User Contributions
        Estimate the contribution (in terms of the percent of total daily 
    influent) from all industrial users, significant industrial users only, 
    categorical industrial users only, and domestic sources only.
    C.4. Pretreatment Program
        Indicate whether the treatment works has an approved pretreatment 
    program. An ``approved pretreatment program'' is a program administered 
    by a treatment works that meets the criteria established in 40 CFR 
    403.8 and 403.9 and that has been approved by a Regional Administrator 
    or State Director. If the answer to question C.4. is no, go to C.5.
    
        Naote If this treatment works has or is required to have a 
    pretreatment program, you must also complete Parts A and B of the 
    Supplemental Application Information packet.
    
        If the treatment works has an approved pretreatment program, 
    identify any substantial modifications to the POTW's approved 
    pretreatment program that have not been approved in accordance with 40 
    CFR 403.18.
    
    Significant Industrial User (SIU) Information
    
        All treatment works that receive discharges from SIUs must complete 
    questions C.5.-C.10.
        If your treatment works receives wastewater from more than one SIU, 
    complete questions C.5.-C.10. once for each SIU.
    C.5. Significant Industrial User Information
        Provide the name and mailing address of each SIU. Submit additional 
    pages as necessary.
    C.6. Industrial Processes
        Describe the actual process(es) (rather than simply listing them) 
    at the SIU that affect or contribute to the SIU's discharge. For 
    example, in describing a metal finishing operation, include such 
    information as how the product is cleaned prior to finishing, what type 
    of plating baths are in operation (e.g., nickel, chromium), how paint 
    is applied, and how the product is polished. Attach additional sheets 
    if necessary. 
    
    [[Page 62619]]
    
    C.7. Principal Product(s) and Raw Material(s)
        List principal products that the SIU generates and the raw 
    materials used to manufacture the products.
    C.8. Flow Rate
        ``Process wastewater'' means any water that, during manufacturing 
    or processing, comes into direct contact with or results from the 
    production or use of any raw material, intermediate product, finished 
    product, byproduct, or waste product. Indicate the average daily 
    volume, in gallons per day, of process wastewater and non-process 
    wastewater that the SIU discharges into the collection system. Specify 
    whether the discharges are continuous or non-continuous.
    C.9. Pretreatment Standards
        Indicate whether the SIU is subject to local limits and categorical 
    pretreatment standards. ``Local limits'' are enforceable local 
    requirements developed by treatment works to address Federal standards 
    as well as state and local regulations.
        ``Categorical pretreatment standards'' are national technology-
    based standards developed by EPA, setting industry-specific effluent 
    limits. These standards are implemented by 40 CFR 403.6.
    C.10. Problems at the Treatment Works Attributed to Waste Discharged by 
    the SIU
        Provide information concerning any problems the treatment works has 
    experienced that are attributable to discharges from the SIUs. Problems 
    may include upsets or interference at the plant, corrosion in the 
    collection system, or other similar events.
    
    RCRA Hazardous Waste Received by Truck, Rail or Dedicated Pipeline
    
    C.11. RCRA Waste
        As defined in Section 1004(5) of the Resource Conservation and 
    Recovery Act (RCRA), ``Hazardous waste'' means ``a solid waste, or 
    combination of solid wastes, which because of its quantity, 
    concentration, or physical, chemical or infectious characteristics may:
        (A) cause or significantly contribute to an increase in mortality 
    or an increase in serious irreversible, or incapacitating reversible, 
    illness; or
        (B) pose a substantial present or potential hazard to human health 
    or the environment when improperly treated, stored, transported, or 
    disposed of, or otherwise managed.''
        Those solid wastes that are considered hazardous are listed under 
    40 CFR Part 261. Treatment works that accept hazardous wastes by truck, 
    rail, or dedicated pipeline (a pipeline that is used to carry hazardous 
    waste directly to a treatment works without prior mixing with domestic 
    sewage) within the property boundary of the treatment works are 
    considered to be hazardous waste treatment, storage, and disposal 
    facilities (TSDFs) and, as such, are subject to regulations under RCRA. 
    Under RCRA, mixtures of domestic sewage and other wastes that commingle 
    in the treatment works collection system prior to reaching the property 
    boundary, including those wastes that otherwise would be considered 
    hazardous, are excluded from regulation under the domestic sewage 
    exclusion. Hazardous wastes that are delivered directly to the 
    treatment works by truck, rail, or dedicated pipeline do not fall 
    within the exclusion. Hazardous wastes received by these routes may 
    only be accepted by treatment works if the treatment works complies 
    with applicable RCRA requirements for TSDFs.
        Applicants completing questions C.11.-C.13. should have indicated 
    all points at which RCRA hazardous waste enters the treatment works by 
    truck, rail, or dedicated pipe in the map provided in question 8 of the 
    Basic Application Information packet.
    C.12. Waste Transport
        Indicate the method by which RCRA waste is received at the 
    treatment works.
    C.13. Waste Description
        Provide the EPA hazardous waste numbers, which are located in 40 
    CFR Part 261, Subparts C & D, and the amount (in volume or mass) 
    received.
    
    CERCLA (Superfund) Wastewater and RCRA Remediation/Corrective Action 
    Wastewater
    
        Substances that are regulated under Comprehensive Environmental 
    Response, Compensation, and Liability Act (CERCLA) are described and 
    listed in 40 CFR Part 302. Questions C.14.-C.22. apply to the type, 
    origin, and treatment of CERCLA wastes currently (or expected to be) 
    discharged to the treatment works.
    C.14. CERCLA Waste
        Indicate whether this treatment works currently receives waste from 
    a CERCLA (Superfund) site or plans to accept waste from a CERCLA site 
    in the next five years. If it does, provide the information requested 
    in C.15-C.17.
        If the treatment works receives, or plans to receive, CERCLA waste 
    from more than one site, complete questions C.15-C.17, once for each 
    site.
    C.15. Waste Origin
        Provide information about the CERCLA site that is discharging waste 
    to the treatment works. Information must include a description of the 
    type of facility and an EPA identification number if one exists.
    C.16. Pollutants
        Provide a list of the pollutants that are or will be discharged by 
    the CERCLA site and the volume and concentration of such pollutants.
    C.17. Waste Treatment
        Provide information concerning the treatment used (if any) by the 
    CERCLA site to treat the waste prior to discharging it to the treatment 
    works. The information should include a description of the treatment 
    technology, information on the frequency of the discharge (continuous 
    or intermittent) and any data concerning removal efficiency.
    C.18. RCRA Corrective Action Waste
        Indicate whether this treatment works currently receives RCRA 
    Corrective Action Waste or plans to accept RCRA Corrective Action Waste 
    in the next five years. If it does, provide the information requested 
    in C.19.-C.21.
        If there is more than one site from which RCRA Corrective Action 
    Waste is, or is expected to be, received, attach additional sheets with 
    the information requested in questions C.19.-C.21. for each site.
    C.19. Waste Origin
        Provide a description of the site and of the type of facility that 
    discharges or is expected to discharge the RCRA corrective action 
    waste.
    C.20. Pollutants
        Provide a list of the pollutants that are or will be discharged by 
    each RCRA corrective action site.
    C.21. Waste Treatment
        Provide information concerning the treatment used (if any) by the 
    RCRA corrective action site to treat the waste prior to discharging it 
    to the treatment works. The information should include a description of 
    the treatment technology, any data concerning removal efficiency, and 
    information on the frequency of the discharge (continuous or 
    intermittent). If the discharge is intermittent, describe the discharge 
    schedule.
    C.22. Other Wastes From Remediation/Clean-up Sites
        Describe any wastewater received or expected to be received from 
    leaking 
    
    [[Page 62620]]
    underground tank remediation sites and from remediation/cleanup sites 
    that are regulated by other laws (state, municipal, etc.).
    
        Note: After completing Part C, refer to the Application Overview 
    section to determine which other sections of Form 2A you must 
    complete. If you have completed all other required sections of Form 
    2A, you may proceed to the Certification Statement in question 19 of 
    the Basic Application Information packet.
    
    Part D. Combined Sewer Systems
    
        Paperwork Reduction Act Notice: The public reporting and 
    recordkeeping burden for this collection of information (Part D: 
    Combined Sewer Systems) is estimated to average 8.2 hours per 
    response. This estimate includes the time needed to review 
    instructions; develop, acquire, install, and utilize technology and 
    systems for the purposes of collecting, validating, and verifying 
    information, processing and maintaining information, and disclosing 
    and providing information; adjust the existing ways to comply with 
    any previously applicable instructions and requirements; train 
    personnel to respond to a collection of information; search existing 
    data sources; complete and review the collection of information; and 
    transmit or otherwise disclose the information. An Agency may not 
    conduct or sponsor, and a person is not required to respond to a 
    collection of information unless it displays a currently valid OMB 
    control number.
        Send comments regarding the burden estimate or any other aspect 
    of this collection of information, including suggestions for 
    reducing the burden, to Chief, OPPE Regulatory Information Division, 
    U.S. Environmental Protection Agency (2136), 401 M St., S.W., 
    Washington, DC 20460; and to the Office of Information and 
    Regulatory Affairs, Office of Management and Budget, 725 17th St., 
    N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include 
    the OMB control number in any correspondence. Do not send the 
    completed application form to these addresses.
    D.1. Combined Sewer Overflow (CSO) Discharge Points
        A combined sewer system collects a mixture of both sanitary 
    wastewater and storm water runoff.
        Indicate the number of CSO discharge points in the combined sewer 
    system covered by this application. Complete questions D.5.-D.9. once 
    for each discharge point. Attach additional pages as necessary.
    D.2. System Map
        Indicate on a system map all CSO discharge points. For each such 
    point, indicate any sensitive use areas and any waters supporting 
    threatened or endangered species that are potentially affected by CSOs. 
    Sensitive use areas include beaches, drinking water supplies, shellfish 
    beds, sensitive aquatic ecosystems, and outstanding natural resource 
    waters.
        Applicants may provide the information requested in question D.2. 
    on the map submitted in response to question 8 in the Basic Application 
    Information packet.
        All maps should be either on paper or other material appropriate 
    for reproduction. If possible, all sheets should be approximately 
    letter size with margins suitable for filing and binding. As few sheets 
    should be used as necessary to show clearly what is involved. All 
    discharge points should be identified by outfall number. Each sheet 
    should be labeled with the applicant's name, NPDES permit number, 
    location (city, county, or town), date of drawing, and designation of 
    the number of sheets of each diagram as ``page ________ of ________.''
    D.3. System Diagram
        Diagram the location of combined and separate sanitary major sewer 
    trunk lines and indicate any connections where separate sanitary sewers 
    feed into the combined sewer system. Clearly indicate the location of 
    all flow controlling devices in the system. Include storage equipment, 
    flow regulating devices, and pump stations. Also indicate the areas of 
    drainage associated with each CSO and the pumping capacity of each pump 
    station.
        The drawing should be either on paper or other material appropriate 
    for reproduction. If possible, all sheets should be approximately 
    letter size with margins suitable for filing and binding. As few sheets 
    should be used as necessary to show clearly what is involved. All 
    discharge points should be identified by outfall number. Each sheet 
    should be labeled with the applicant's name, NPDES permit number, 
    location (city, county, or town), date of drawing, and designation of 
    the number of sheets of each diagram as ``page ________ of ________''.
    D.4. System Evaluation
        List any studies that have been performed on the combined sewer 
    system since the last permit application, including inflow/infiltration 
    studies, engineering studies, hydraulic studies, and water quality 
    studies.
    
    CSO Outfalls
    
        Fill out a copy of questions D.5.-D.9. once for each CSO discharge 
    point. Attach additional pages as necessary.
    D.5. Description of Outfall
        a.-d. Provide the outfall number and location (including city or 
    town if applicable, state, county, and latitude and longitude to the 
    nearest second). For subsurface discharges (e.g., discharges to lakes, 
    estuaries, and oceans), provide the distance (in feet) of the discharge 
    point from the shore and the depth (in feet) of the discharge point 
    below the surface of the discharge point. Provide these distances at 
    the lowest point of low tide.
    D.6. Monitoring
        Indicate whether rainfall, CSO flow volume, CSO water quality, and/
    or receiving water quality were monitored during the past 12 months. 
    Provide the number of storm events monitored during the past 12 months 
    as well.
    D.7. CSO Incidents
        a. Provide the number of CSO incidents that have occurred in the 
    past 12 months. Indicate whether this is an actual or approximate 
    number.
        b. Provide the average duration (in hours) per CSO event. Indicate 
    whether this is an actual or approximate value.
        c. Provide the average volume (in million gallons) of discharge per 
    CSO incidents over the past 12 months. Indicate whether this is an 
    actual or approximate number.
        d. Provide the minimum amount of rainfall that caused a CSO 
    incident in the past 12 months.
    D.8. Description of Receiving Waters
        a. Indicate the type of water body into which the CSO outfall 
    (identified in D.5.a.) discharges.
        b. List the name(s) of immediate receiving waters starting at the 
    CSO discharge point and moving downstream. For example, ``Control Ditch 
    A, thence to Stream B, thence to River C, and thence to River D in the 
    River Basin E.''
        c. Provide the name of the watershed/river/stream system in which 
    the receiving water (identified in question D.8.b.) is located. If 
    known, also provide the 14-digit watershed code assigned to this 
    watershed by the U.S. Soil Conservation Service.
        d. Provide the name of the State Management/River Basin into which 
    this outfall discharges. If known, also provide the 8-digit hydrologic 
    cataloging unit code assigned by the U.S. Geological Survey.
    D.9. CSO Operations
        a. Indicate whether wastewater from significant industrial users 
    (refer to the instructions to Part C for a definition) can enter the 
    combined sewer system.
        b. Provide a description of any known water quality impacts on the 
    receiving water caused by CSO from this discharge point.
    
     
    [[Page 62621]]
    
        Note: After completing Part D, refer to the Application Overview 
    section to determine which other sections of Form 2A you must 
    complete. If you have completed all other required sections of Form 
    2A, you may proceed to the Certification Statement in question 19 of 
    the Basic Application Information packet.
    
    Appendix A--Guidance for Completing the Effluent Testing Information
    
    All Treatment Works
    
        All applicants must provide data for each of the pollutants in 
    question 18 of the Basic Application Information packet. Some 
    applicants must also provide data for the pollutants in Part A of the 
    Supplemental Application Information packet. All applicants submitting 
    effluent testing data must base this data on a minimum of three 
    pollutant scans. All samples analyzed must be representative of the 
    discharge from the sampled outfall.
        If you have existing data that fulfills the requirements described 
    below, you may use that data in lieu of conducting additional sampling. 
    If you measure more than the required number of daily values for a 
    pollutant and those values are representative of your wastestream, you 
    must include them in the data you report. In addition, use the blank 
    rows provided on the form to provide any existing sampling data that 
    your facility may have for pollutants not listed in the appropriate 
    sections. All data provided in the application must be based on samples 
    taken within three years prior to the time of this permit application.
        Sampling data must be representative of the treatment works' 
    discharge and take into consideration seasonal variations. At least two 
    of the samples used to complete the effluent testing information 
    questions must have been taken no fewer than 4 months and no more than 
    8 months apart. For example, one sample may be taken in April and 
    another in October to meet this requirement. Applicants unable to meet 
    this time requirement due to periodic, discontinuous, or seasonal 
    discharges can obtain alternative guidance on this requirement from 
    their permitting authority.
        The collection of samples for the reported analyses should be 
    supervised by a person experienced in performing wastewater sampling. 
    Specific requirements contained in the applicable analytical methods 
    should be followed for sample containers, sample preservation, holding 
    times, and collection of duplicate samples. Samples should be taken at 
    a time representative of normal operation. To the extent feasible, all 
    processes that contribute to wastewater should be in operation and the 
    treatment system should be operating properly with no system upsets. 
    Samples should be collected from the center of the flow channel (where 
    turbulence is at a maximum), at a location specified in the current 
    NPDES permit, or at any location adequate for the collection of a 
    representative sample.
        A minimum of four grab samples must be collected for pH, 
    temperature, cyanide, total phenols, residual chlorine, oil and grease, 
    fecal coliform, E. coli, and enterococci (applicants need only provide 
    data on either fecal coliform or E. coli and enterococci). For all 
    other pollutants, 24-hour composite samples must be collected. However, 
    a minimum of one grab sample, instead of a 24-hour composite, may be 
    taken for effluent from holding ponds or other impoundments that have a 
    retention period greater than 24 hours.
        Grab and composite samples are defined as follows:
         Grab sample: an individual sample of at least 100 
    milliliters collected randomly for a period not exceeding 15 minutes.
         Composite sample: a sample derived from two or more 
    discrete samples collected at equal time intervals or collected 
    proportional to the flow rate over the compositing period. The 
    composite collection method may vary depending on pollutant 
    characteristics or discharge flow characteristics.
        The permitting authority may allow or establish appropriate site-
    specific sampling procedures or requirements, including sampling 
    locations, the season in which sampling takes place, the duration 
    between sampling events, and protocols for collecting samples under 40 
    CFR Part 136. Contact EPA or the State permitting authority for 
    detailed guidance on sampling techniques and for answers to specific 
    questions. The following instructions explain how to complete each of 
    the columns in the pollutant tables in the effluent testing information 
    sections of Form 2A.
        Maximum Daily Discharge. For composite samples, the daily discharge 
    is the average pollutant concentration and total mass found in a 
    composite sample taken over a 24-hour period. For grab samples, the 
    daily discharge is the arithmetic or flow-weighted total mass or 
    average pollutant concentration found in a series of at least four grab 
    samples taken during the operating hours of the treatment works during 
    a 24-hour period.
        To determine the maximum daily discharge values, compare the daily 
    discharge values from each of the sample events. Report the highest 
    total mass and highest concentration level from these samples.
         ``Concentration'' is the amount of pollutant that is 
    present in a sample with respect to the size of the sample. The daily 
    discharge concentration is the average concentration of the pollutant 
    throughout the 24-hour period.
         ``Mass'' is calculated as the total mass of the pollutant 
    discharged over the 24-hour period.
         All data must be reported as both concentration and mass 
    (where appropriate). Use the following abbreviations in the columns 
    headed ``Units.''
    
    
    ppm                                Parts per million.                   
    gpd                                Gallons per day.                     
    mgd                                Million gallons per day.             
    su                                 Standard units.                      
    mg/l                               Milligrams per liter.                
    ppb                                Parts per billion.                   
    ug/l                               Micrograms per liter.                
    lbs                                Pounds.                              
    ton                                Tons (English tons).                 
    mg                                 Milligrams.                          
    g                                  Grams.                               
    kg                                 Kilograms.                           
    T                                  Tonnes (metric tons).                
                                                                            
    
        Average Daily Discharge. The average daily discharge is determined 
    by calculating the arithmetic mean daily pollutant concentration and 
    the arithmetic mean daily total mass of the pollutant from each of the 
    sample events within the three years prior to this permit application. 
    Report the concentration, mass, and units used under the Average Daily 
    Discharge column, along with the number of samples on which the average 
    is based. Use the unit abbreviations shown above in ``Maximum Daily 
    Discharge.''
        If data requested in Form 2A have been reported on the treatment 
    works' Discharge Monitoring Reports (DMRs), you may compile such data 
    and report it under the maximum daily discharge and the average daily 
    discharge columns of the form.
        Analytical Method. All information reported must be based on data 
    collected through analyses conducted using 40 CFR Part 136 methods. 
    Applicants should use methods that enable pollutants to be detected at 
    levels adequate to meet water quality-based standards. Where no 
    approved method can detect a pollutant at the water quality-based 
    standards level, the most sensitive approved method should be used. If 
    the applicant believes that an alternative method should be used (e.g., 
    due to matrix interference), the applicant should obtain prior approval 
    from the permitting authority. If an alternative method is specified in 
    the existing permit, the applicant should 
    
    [[Page 62622]]
    use that method unless otherwise directed by the permitting authority. 
    Where no approved analytical method exists, an applicant may use a 
    suitable method but must provide a description of the method. For the 
    purposes of the application, ``suitable method'' means a method that is 
    sufficiently sensitive to measure as close to the water quality-based 
    standard as possible.
        Indicate the method used for each pollutant in the ``Analytical 
    Method'' column of the pollutant tables. If a method has not been 
    approved for a pollutant for which you are providing data, you may use 
    a suitable method to measure the concentration of the pollutant in the 
    discharge, and provide a detailed description of the method used or a 
    reference to the published method. The description must include the 
    sample holding time, preservation techniques, and the quality control 
    measures used. In such cases, indicate the method used and attach to 
    the application a narrative description of the method used.
        Reporting Levels. The applicant should provide the method detection 
    limit (MDL), minimum level (ML), or other designated method endpoint 
    reflecting the precision of the analytical method used.
        All analytical results must be reported using the actual numeric 
    values determined by the analysis. In other words, even where 
    analytical results are below the detection or quantitation level of the 
    method used, the actual data should be reported, rather than reporting 
    ``non-detect'' (``ND'') or ``zero'' (``0''). Because the endpoint of 
    the method has also been reported along with the test results, the 
    permitting authority will be able to determine if the data are in the 
    ``non-detect'' or ``below quantitation'' range.
        For any dilutions made and any problems encountered in the 
    analysis, the applicant should attach an explanation and any supporting 
    documentation with the application. For GC/MS, report all results found 
    to be present by spectral confirmation (i.e., quantitation limits or 
    detection limits should not be used as a reporting threshold for GC/
    MS).
        Total Recoverable Metals. Total recoverable metals are measured 
    from unfiltered samples using EPA methods specified in 40 CFR Part 
    136.3. A digestion procedure is used to solubilize suspended materials 
    and destroy possible organic metal complexes. The method measures 
    dissolved metals plus those metals recovered from suspended particles 
    by the method digestion.
    
    Appendix B: Industrial Categories Subject to National Categorical 
    Pretreatment Standards
    
    Industrial Categories With Pretreatment Standards in Effect
    
    Aluminum Forming
    Asbestos Manufacturing
    Battery Manufacturing
    Builder's Paper and Board Mills
    Carbon Black Manufacturing
    Coil Coating
    Copper Forming
    Electrical and Electronic Components
    Electroplating
    Feedlots
    Ferroalloy Manufacturing
    Fertilizer Manufacturing
    Glass Manufacturing
    Grain Mills Manufacturing
    Ink Formulating
    Inorganic Chemicals
    Iron and Steel Manufacturing
    Leather Tanning and Finishing
    Metal Finishing
    Metal Molding and Casting
    Nonferrous Metals Forming and Metal Powders
    Nonferrous Metals Manufacturing
    Organic Chemicals, Plastics and Synthetic Fibers
    Paint Formulating
    Paving and Roofing
    Pesticide Manufacturing
    Petroleum Refining
    Pharmaceutical Manufacturing
    Porcelain Enameling
    Pulp, Paper and Paperboard
    Rubber Manufacturing
    Soap and Detergents Manufacturing
    Steam Electric Power Generating
    Sugar Processing
    Timber Products Manufacturing
    
    Industrial Categories With Effluent Guidelines Currently Under 
    Development (Proposed and Final Action Dates)
    
    Pulp, Paper, and Paperboard (12/17/93-TBD)
    Pesticide Formulating, Packaging, and Repackaging (4/14/94-8/95)
    Centralized Waste Treatment (12/15/94-9/96)
    Pharmaceutical Manufacturing (2/95-8/96)
    Metal Products and Machinery, Phase I (3/95-9/96)
    Industrial Laundries (12/96-12/98)
    Transportation Equipment Cleaning (12/96-12/98)
    Landfills and Incinerators (3/97-3/99)
    Metal Products and Machinery, Phase II (12/97-12/99)
    
    BILLING CODE 6560-50-P
    
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    BILLING CODE 6560-50-C
    
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    Instructions for Completing Form 2S
    
    Application for a Sewage Sludge Permit
    
        Paperwork Reduction Act Notice: The public reporting and 
    recordkeeping burden for this collection of information is estimated 
    to average 11.6 hours per response. This estimate includes the time 
    needed to review instructions; develop, acquire, install, and 
    utilize technology and systems for the purposes of collecting, 
    validating, and verifying information, processing and maintaining 
    information, and disclosing and providing information; adjust the 
    existing ways to comply with any previously applicable instructions 
    and requirements; train personnel to respond to a collection of 
    information; search existing data sources; complete and review the 
    collection of information; and transmit or otherwise disclose the 
    information. An Agency may not conduct or sponsor, and a person is 
    not required to respond to a collection of information unless it 
    displays a currently valid OMB control number.
        Send comments regarding the burden estimate or any other aspect 
    of this collection of information, including suggestions for 
    reducing the burden, to Chief, OPPE Regulatory Information Division, 
    U.S. Environmental Protection Agency (2136), 401 M St., S.W., 
    Washington, DC 20460; and to the Office of Information and 
    Regulatory Affairs, Office of Management and Budget, 725 17th St., 
    N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include 
    the OMB control number in any correspondence. Do not send the 
    completed application form to these addresses.
    
    Overview
    
        This application form collects information from persons that are 
    required to apply for a sewage sludge use or disposal permit.
    Who Must Submit Application Information?
        The following persons are ``treatment works treating domestic 
    sewage'' that are required to submit sewage sludge permit application 
    information:
         Any person who generates sewage sludge that is ultimately 
    regulated by Part 503 (i.e., it is applied to the land, placed on a 
    surface disposal site, fired in a sewage sludge incinerator, or placed 
    in a municipal solid waste landfill unit);
         Any person who derives material from, or otherwise changes 
    the quality of, sewage sludge (e.g., an intermediate treatment facility 
    such as a composting facility, or a facility that processes sewage 
    sludge for sale or give away in a bag or other container for 
    application to the land), if that sewage sludge is used or disposed in 
    a manner subject to Part 503;
         Any person who owns or operates a sewage sludge surface 
    disposal site;
         Any person who fires sewage sludge in a sewage sludge 
    incinerator; and
         Any other person required by the permitting authority to 
    submit permit application information.
        For purposes of this form, you refers to the applicant. This 
    facility and your facility refer to the facility for which application 
    information is being submitted.
        Facility should be interpreted to include activities potentially 
    subject to regulation under the sewage sludge program--e.g., areas of 
    sewage sludge treatment, storage, land application, surface disposal, 
    or incineration, even if such activities do not occur at the same 
    location.
    Which Parts of The Form Apply?
        Form 2S is presented in a modular format, enabling information 
    collection to be tailored to your facility's sewage sludge generation, 
    treatment, use, or disposal practices. The form is divided into two 
    main parts:
         Part 1 is limited screening information that must be 
    submitted by ``sludge-only'' (non-NPDES) facilities that are not 
    applying for site-specific pollutant limits and have not been directed 
    to submit a full permit application at this time.
         Part 2 must be submitted by facilities that are submitting 
    a full permit application at this time. These include the following:
    
    --Facilities with a currently effective NPDES permit.
    --Facilities that are required to have, or are requesting, site-
    specific pollutant limits, including ``sludge-only'' facilities that 
    are applying for site-specific pollutant limits. (Note: all sewage 
    sludge incinerators are required to have site-specific pollutant 
    limits.)
    --Facilities that have been directed by the permitting authority to 
    apply for a permit at this time.
    
        Complete either Part 1 or Part 2, but not both (unless otherwise 
    instructed by the permitting authority).
        Part 2 is divided into the following sections:
         Section A is general information to be provided by all 
    applicants that fill out Part 2.
         Section B must be completed by any facility that generates 
    sewage sludge or derives a material from sewage sludge.
         Section C must be completed by any facility that applies 
    bulk sewage sludge to the land, or whose bulk sewage sludge is applied 
    to the land. (Most applicants that provide this information will also 
    submit Section B information, because it is unlikely that EPA would 
    permit a land applier who does not generate or change the quality of 
    sewage sludge.)
         Section D must be completed by the owner/operator of a 
    surface disposal site.
         Section E must be completed by the owner/operator of a 
    sewage sludge incinerator.
        You need only submit the Sections of Part 2 that apply.
    
    Part 1: Limited Background Information
    
        Part 1 requests a limited amount of information from ``sludge-
    only'' facilities (facilities without a currently-effective NPDES 
    permit) that are not requesting site-specific permit limits and are not 
    directed by the permitting authority to submit a full permit 
    application at this time. This limited screening information must be 
    submitted as expeditiously as possible, but no later than 180 days 
    after publication of an applicable use or disposal standard. It is 
    intended to allow the permitting authority to identify these 
    facilities, track sewage sludge use and disposal, and establish 
    priorities for permitting.
        1. Facility Information.
        a. Provide the facility's official or legal name. Do not use a 
    colloquial name.
        b. Provide the complete mailing address of the office where 
    correspondence should be sent. This may differ from the facility 
    location given in Question 1.d.
        c. Provide the name, title, and work telephone number of a person 
    who is thoroughly familiar with the operation of the facility and with 
    the facts reported in this application, and who can be contacted by the 
    permitting authority if necessary.
        d. Provide the physical location of the facility. If the facility 
    lacks a street address or route number, provide the most accurate 
    alternative geographic information (e.g., township and range, section 
    or quarter section number, or nearby highway intersection).
        e. Indicate the type of facility.
        A publicly owned treatment works (POTW) is any device or system 
    used in the treatment (including recycling and reclamation) of 
    municipal sewage or industrial wastes of a liquid nature which is owned 
    by a State or municipality. This definition includes sewers, pipes, or 
    other conveyances only if they convey wastewater to a POTW providing 
    treatment.
        A privately owned treatment works is any device or system which is 
    (a) used to treat wastes from any facility whose 
    
    [[Page 62646]]
    operator is not the operator of the treatment works and (b) not a POTW 
    or federally owned treatment works.
        A federally owned treatment works is a facility that is owned and 
    operated by a department, agency, or instrumentality of the Federal 
    Government that treats wastewater, a majority of which is domestic 
    sewage, prior to discharge in accordance with a permit issued under 
    section 402 of the Federal Water Pollution Control Act.
        A blending or treatment operation means any sewage sludge or 
    wastewater treatment device or system, regardless of ownership 
    (including Federal facilities), used in the storage, treatment, 
    recycling, and reclamation of domestic sewage, including land dedicated 
    for the disposal of sewage sludge. For purposes of this form, such 
    devices or systems include blending or treatment operations that derive 
    material from sewage sludge but do not generate sewage sludge.
        A surface disposal site is an area of land that contains one or 
    more active sewage sludge units.
        An active sewage sludge unit is land on which only sewage sludge is 
    placed for final disposal. This does not include land on which sewage 
    sludge is either stored or treated. Land does not include waters of the 
    United States, as defined in 40 CFR 122.2.
        A sewage sludge incinerator is an enclosed device in which only 
    sewage sludge and auxiliary fuel are fired.
        2. Applicant Information.
        a. If someone other than the facility contact person is submitting 
    this application, provide the name of that person's organization.
        b. Provide the complete mailing address of the applicant's 
    organization.
        c. Provide the name and work telephone number of a person who is 
    thoroughly familiar with the operation of the facility and with the 
    facts reported in this application, and who can be contacted by the 
    permitting authority if necessary.
        d. Indicate whether this applicant is the owner or operator (or 
    both) of the facility. If it is neither, describe the relationship of 
    the applicant to the facility.
        e. Indicate whether you want correspondence regarding this 
    application directed to the applicant or to the facility address 
    provided in question 1.
        3. Sewage Sludge Amount. List, on a dry weight basis, the total dry 
    metric tons of sewage sludge per latest 365-day period handled at this 
    facility.
        Dry weight basis means calculated on the basis of having been dried 
    at 105 degrees C until reaching a constant weight (i.e., essentially 
    100 percent solids content).
        a. The amount generated is, for purposes of this application, the 
    amount of sewage sludge generated during the treatment of domestic 
    sewage at the facility.
        b. The amount received from off site is any additional amount of 
    sewage sludge handled at your facility that is not generated during the 
    treatment of domestic sewage at your facility.
        c. The amount treated or blended on site is the amount of sewage 
    sludge generated on site, plus the amount received from off site, that 
    undergoes treatment on site. Treatment is the preparation of sewage 
    sludge for final use or disposal. Treatment, for purposes of this form, 
    includes the following:
         Thickening and stabilization;
         Processing (e.g., composting) for purposes of pathogen 
    reduction and vector attraction reduction; and
         Blending with a bulking agent or with sewage sludge from 
    another facility.
        Treatment does not include storage of sewage sludge.
        d. The amount sold or given away in a bag or other container for 
    application to the land is the amount placed in a bag or other 
    container at your facility.
        An other container is either an open or closed receptacle, 
    including but not limited to, a bucket, box, carton, vehicle, or 
    trailer with a load capacity of one metric ton or less.
        e. The amount of bulk sewage sludge shipped off site for treatment 
    or blending is the amount of sewage sludge that is shipped to another 
    facility in bulk form (i.e., not in a bag or other container), where 
    the other facility derives a material from the sewage sludge (i.e., it 
    is a ``person who prepares'').
        This question does not cover sewage sludge sent directly to a land 
    application site, surface disposal site, municipal solid waste 
    landfill, or sewage sludge incinerator.
        f. The amount applied to the land in bulk form is the amount of 
    bulk sewage sludge from your facility that is sent directly to a land 
    application site from your facility. It does not cover sewage sludge 
    placed in a bag or other container, nor does it cover sewage sludge 
    shipped off site for treatment or for sale or give-away in a bag or 
    other container.
        g. The amount placed on a surface disposal site is the amount of 
    sewage sludge from your facility that is placed on a surface disposal 
    site, regardless of whether you own or operate the surface disposal 
    site.
        h. The amount fired in a sewage sludge incinerator is the amount of 
    sewage sludge from your facility that is fired in a sewage sludge 
    incinerator, regardless of whether you own or operate the sewage sludge 
    incinerator.
        i. The amount sent to a municipal solid waste landfill (MSWLF) is 
    the amount of sewage sludge from your facility that is sent directly to 
    a MSWLF, which is a discrete area of land or an excavation that 
    receives household waste and other solid wastes.
        j. The amount used or disposed by another practice is the amount of 
    sewage sludge generated on site or received from off site that is not 
    covered in Questions 3.d-3.i above.
        4. Pollutant Concentrations. Provide available data on the 
    concentrations of the listed pollutants in the sewage sludge from this 
    facility. If concentration data are available for pollutants not on 
    this list, provide those data as well. Provide up to three data points 
    taken at least one month apart during the last two years. If data from 
    the last two years are unavailable, provide the most recent data.
        Express pollutant concentrations as dry weight concentrations.
        You may use a separate attachment in addition to, or instead of, 
    the table provided.
        You need not perform additional pollutant monitoring to comply with 
    this requirement; rather, only available data are requested.
        Calculations on a dry weight basis are based on sewage sludge 
    having been dried at 105 degrees Celsius until reaching a constant 
    weight (i.e., essentially 100 percent solids content).
        The Part 503 sewage sludge use or disposal regulation requires the 
    use of Test Method SW-846 (in ``Test Methods for Evaluating Solid 
    Waste, Physical/Chemical Methods,'' Second and Third Editions) to 
    analyze samples of sewage sludge for compliance with Part 503. SW-846 
    is recommended, but not required, for purposes of providing sewage 
    sludge quality information in the permit application.
        5. Treatment Provided at Your Facility. Provide the following 
    information regarding sewage sludge treatment on site. This question 
    does not request information on sewage sludge treatment at an off-site 
    use or disposal facility.
        a. Indicate the class of pathogen reduction (Class A or Class B) 
    that is achieved at your facility. You may select ``neither or 
    unknown'' only if sewage sludge is placed on an active sewage sludge 
    unit that is covered with soil or other material at the end of each 
    operating day, sent to another facility 
    
    [[Page 62647]]
    for additional treatment, fired in a sewage sludge incinerator, or 
    placed on a municipal solid waste landfill unit.
        Options for meeting Class A pathogen reduction are listed at 
    Sec. 503.32(a). Options for meeting Class B pathogen reduction are 
    listed at Sec. 503.32(b).
        b. Provide a written description of any treatment processes used to 
    reduce pathogens in sewage sludge, including an indication of how the 
    treatment fulfills one of the options for meeting Class A or Class B 
    pathogen reduction. You may attach existing documentation (e.g., 
    technical or process specifications) to meet this requirement.
        c. Indicate whether any of the vector attraction reduction options 
    in Sec. 503.33(b) (1)-(11) are met before sewage sludge leaves the 
    facility. Options 1-8 are typically met at the point where sewage 
    sludge is generated or where a material is derived from sewage sludge, 
    and Options 9-11 are typically met at the point of use or disposal.
        You may select ``none or unknown'' only in the following cases:
         If sewage sludge is fired in a sewage sludge incinerator; 
    or
         If sewage sludge is placed on a municipal solid waste 
    landfill unit.
        Land application: Sewage sludge applied to agricultural land, a 
    forest, a public contact site, or a reclamation site must meet one of 
    the vector attraction reduction options 1-10, which are defined at 
    Sec. 503.33(b) (1)-(10), respectively. Sewage sludge applied to a lawn 
    or home garden, or placed in a bag or other container for sale or give-
    away for application to the land, must meet any of options 1-8, defined 
    at Sec. 503.33(b) (1)-(8), respectively.
        Surface disposal: Sewage sludge placed on an active sewage sludge 
    unit must meet one of vector attraction reduction options 1-11, which 
    are defined at Sec. 503.33(b) (1)-(11), respectively.
        d. Provide a written description of any treatment processes used to 
    reduce vector attraction characteristics of sewage sludge, including an 
    indication of how the treatment fulfills one of options 1-11 for vector 
    attraction reduction. You may attach existing documentation (e.g., 
    technical or process specifications) to meet this requirement.
        6. Sewage Sludge Sent to Other Facilities. If sewage sludge from 
    your facility is sent to an off-site facility for treatment, 
    distribution, use, or disposal, provide the information requested below 
    for each receiving facility. If sewage sludge is sent to more than one 
    off-site facility, attach additional pages if necessary.
        For purposes of this form, an off-site facility is a facility or 
    site that is located on land physically separate from the land used in 
    connection with your facility. ``Off site'' may include facilities or 
    sites that you own if they are not located on the same property or on 
    adjacent property.
        a. Provide the facility's official or legal name. Do not use a 
    colloquial name.
        b. Provide the name, title, and work telephone number of a person 
    who is thoroughly familiar with the operation of the facility receiving 
    the sewage sludge, and who can be contacted by the permitting authority 
    if necessary.
        c. Provide the complete mailing address at the off-site facility 
    where correspondence should be sent.
        d. Indicate which activities the receiving facility performs on the 
    sewage sludge from your facility.
        7. Use and Disposal Sites. If sewage sludge is sent directly from 
    your facility to a use or disposal site (i.e., it is not sent to 
    another facility), provide the following information for each such site 
    (attach additional pages if necessary):
        a. Provide the site name and/or number. The name and/or number is 
    any designation commonly used to refer to the site. If the site has 
    been previously designated in another permit, use that designation.
        b. Provide the name, title, and work telephone number of a person 
    who is thoroughly familiar with the operation of the use or disposal 
    site, and who can be contacted by the permitting authority if 
    necessary.
        c. Answer either question 1 or question 2.
        1. Provide the physical location (street address) of the site. If 
    the site lacks a street address or route number, provide the most 
    accurate alternative geographic information (e.g., township and range, 
    section or quarter section number, nearby highway intersection).
        2. Provide the latitude and longitude of the center of the site. If 
    a map was used to obtain latitude and longitude, provide map datum 
    (e.g., NAD 27, NAD 83) and map scale (e.g., 1:24000, 1:100000).
        d. The site type is the intended end use of the land. Applicable 
    sewage sludge use and disposal standards, and thus permit conditions, 
    differ according to type of site.
        Agricultural land is land on which a food crop, a feed crop, or a 
    fiber crop is grown. This includes range land, which is open land with 
    indigenous vegetation, and pasture, which is land on which animals feed 
    directly on crops such as grasses, grain stubble, or stover.
        Forest is a tract of land thick with trees and underbrush.
        A public contact site is land with a high potential for contact by 
    the public. Public contact sites include public parks, ball fields, 
    cemeteries, plant nurseries, turf farms, and golf courses.
        A reclamation site is land that has been drastically disturbed by 
    strip mining, fires, construction, etc. As part of the reclamation 
    process, sewage sludge is applied for its nutrient and soil 
    conditioning properties to help stabilize and revegetate the land.
        For purposes of this form, a lawn or home garden is privately-owned 
    land on which crops or other vegetation are grown for private, non-
    commercial use and on which use by the general public does not occur.
        A surface disposal site is an area of land that contains one or 
    more active sewage sludge units. An active sewage sludge unit is land 
    on which only sewage sludge is placed for final disposal.
        A sewage sludge incinerator is an enclosed device in which sewage 
    sludge and auxiliary fuel are fired.
        A municipal solid waste landfill is a discrete area of land or an 
    excavation that receives household waste and other solid wastes.
        8. Certification. All permit applications must be signed and 
    certified.
        An application submitted by a municipality, State, Federal, or 
    other public agency must be signed by either a principal executive 
    officer or ranking elected official. A principal executive officer of a 
    Federal agency includes: (1) The chief executive officer of the agency, 
    or (2) a senior executive officer having responsibility for the overall 
    operations of a principal geographic unit of the agency (e.g., Regional 
    Administrators of EPA).
        An application submitted by a corporation must be signed by a 
    responsible corporate officer. A responsible corporate officer means: 
    (1) A president, secretary, treasurer, or vice president in charge of a 
    principal business function, or any other person who performs similar 
    policy- or decision-making functions; or (2) the manager of 
    manufacturing, production, or operating facilities employing more than 
    250 persons or having gross annual sales or expenditures exceeding $25 
    million (in second quarter 1980 dollars), if authority to sign 
    documents has been assigned or delegated to the manager in accordance 
    with corporate procedures.
        An application submitted by a partnership or sole proprietorship 
    must be signed by a general partner or the proprietor, respectively. 
    
    [[Page 62648]]
    
    
    Part 2: Permit Application Information
    
        Part 2 of this form pertains to facilities that are submitting a 
    full permit application at this time. This includes facilities applying 
    for an NPDES permit as well as ``sludge-only'' facilities that are 
    applying for site-specific pollutant limits.
        Review items 1-5 of the Application Overview section to determine 
    which sections of Part 2 cover your facility's sewage sludge use or 
    disposal practices. Table 1, below, summarizes which sections cover 
    which activities.
    
                                       Table 1.--Guidelines for Completing Part 2                                   
    ----------------------------------------------------------------------------------------------------------------
              Activity(ies) performed                 A             B             C             D             E     
    ----------------------------------------------------------------------------------------------------------------
    Generates sewage sludge or derives                                                                              
     material from sewage sludge..............                                                        
                                                                (B.1-B.3)                                           
        That meets ceiling concentrations in                                                                        
         Table 1 of 40 CFR 503.13, pollutant                                                                        
         concentrations in Table 3 of Sec.                                                                          
         503.13, Class A pathogen requirements                                                                      
         in Sec. 503.32, and one of the eight                                                                       
         vector attraction reduction options                                                                        
         in Sec. 503.33 (b) (1)-(8)...........                                                        
                                                                    (B.4)                                           
        That is sold or given away in bag or                                                                        
         other container for application to                                                                         
         the land.............................                                                        
                                                                    (B.5)                                           
        That is shipped off site for treatment                                                                      
         or blending..........................                                                        
                                                                    (B.6)                                           
        That is applied to the land in bulk                                                                         
         form.................................                                                        
                                                                    (B.7)                                    
        That is placed on a surface disposal                                                                        
         site.................................                                                        
                                                                    (B.8)                                           
        That is fired in a sewage sludge                                                                            
         incinerator..........................                                                        
                                                                    (B.9)                                           
        That is sent to a municipal solid                                                                           
         waste landfill.......................                                                        
                                                                   (B.10)                                           
    Applies bulk sewage sludge to land........                                                        
    Owns or operates a surface disposal site..                                                        
    Fires sewage sludge in a sewage sludge                                                                          
     incinerator..............................                                                        
    ----------------------------------------------------------------------------------------------------------------
    
    Section A: General Information
    
        All applicants must complete Section A, which requests general 
    information about the facility.
        A.1. Facility Information.
        a. Provide the facility's official or legal name. Do not use a 
    colloquial name.
        b. Provide the complete mailing address of the office where 
    correspondence should be sent. This may differ from the facility 
    location given in Question 1.d.
        c. Provide the name, title, and work telephone number of a person 
    who is thoroughly familiar with the operation of the facility and with 
    the facts reported in this application, and who can be contacted by the 
    permitting authority if necessary.
        d. Provide the physical location (street address) of the facility. 
    If the facility lacks a street address or route number, provide the 
    most accurate alternative geographic information (e.g., township and 
    range, section or quarter section number, nearby highway intersection).
        e. Provide the latitude and longitude of the facility. This 
    information is required by EPA's Locational Data Policy. If a map was 
    used to obtain latitude and longitude, provide map datum (e.g., NAD 27, 
    NAD 83) and map scale (e.g., 1:24000, 1:100000).
        f. Indicate whether the facility is a Class I sludge management 
    facility. A Class I sludge management facility is either:
         Any POTW required to have an approved pretreatment program 
    under 40 CFR 403.8(a), including any POTW located in a State assuming 
    local pretreatment program responsibilities pursuant to 40 CFR 
    403.10(e)); or
         Any treatment works treating domestic sewage, as defined 
    in 40 CFR 122.2, classified as a Class I sludge management facility by 
    the EPA Regional Administrator, or, in the case of approved State 
    programs, the Regional Administrator in conjunction with the State 
    Director, because of the potential for its sewage sludge use or 
    disposal practices to adversely affect public health and the 
    environment.
        If your facility is a Class I sludge management facility, you must 
    perform a toxicity characteristic leaching procedure (TCLP) on this 
    facility's sewage sludge. Submit the results (pass or fail) of all TCLP 
    tests you have performed during the past five years that you have not 
    already submitted to the permitting authority.
        g. Provide the facility's design influent flow rate. ``Design 
    influent flow rate'' means the average flow the treatment works was 
    designed to treat. Enter the design influent flow rate in million 
    gallons per day (mgd), to two decimal places (e.g., 3.12 mgd translates 
    to three million one hundred twenty thousand gallons per day).
        h. For all areas served by the treatment works (municipalities and 
    unincorporated service areas), enter the best estimate of the actual 
    population served at the time of application. If another treatment 
    works discharges into this treatment works, provide on a separate 
    attachment the name of the other treatment works and the actual 
    population it serves (it is not necessary to list the communities 
    served by the other treatment works).
        i. Indicate the type of facility.
        A publicly owned treatment works (POTW) is any device or system 
    used in the treatment (including recycling and reclamation) of 
    municipal sewage or industrial wastes of a liquid nature which is owned 
    by a State or municipality. This definition includes sewers, pipes, or 
    other conveyances only if they convey wastewater to a POTW providing 
    treatment.
        A privately owned treatment works is any device or system which is 
    (a) used to treat wastes from any facility whose operator is not the 
    operator of the treatment works and (b) not a POTW or federally owned 
    treatment works.
        A federally owned treatment works is a facility that is owned and 
    operated by a department, agency, or instrumentality of the Federal 
    government that treats wastewater, a majority of which is domestic 
    sewage, prior to discharge in accordance with a permit issued under 
    section 402 of the Federal Water Pollution Control Act.
        A blending or treatment operation means any sewage sludge or 
    wastewater treatment device or system, regardless of ownership 
    (including Federal facilities), used in the storage, treatment, 
    recycling, and reclamation of domestic sewage, including land dedicated 
    for the disposal of sewage sludge. For purposes of this form, such 
    devices or systems include blending or treatment operations that derive 
    material from sewage sludge but do not generate sewage sludge. 
    
    [[Page 62649]]
    
        A surface disposal site is an area of land that contains one or 
    more active sewage sludge units. An active sewage sludge unit is land 
    on which only sewage sludge is placed for final disposal. This does not 
    include land on which sewage sludge is either stored or treated. Land 
    does not include waters of the United States, as defined in 40 CFR 
    122.2.
        A sewage sludge incinerator is an enclosed device in which sewage 
    sludge and auxiliary fuel are fired.
        A.2. Applicant Information.
        a. If someone other than the facility contact person is submitting 
    this application, provide the name of that person's organization.
        b. Provide the complete mailing address of the applicant's 
    organization.
        c. Provide the name and work telephone number of a person who is 
    thoroughly familiar with the operation of the facility and with the 
    facts reported in this application, and who can be contacted by the 
    permitting authority if necessary.
        d. Indicate whether this applicant is the owner or operator (or 
    both) of the facility. If it is neither, describe the relationship of 
    the applicant to the facility.
        e. Indicate whether you want correspondence regarding this 
    application directed to the applicant or to the facility address 
    provided in question 1.
        A.3. Permit Information. Provide the facility's NPDES permit 
    number, if any. Also provide the number and type of any relevant 
    Federal, State, or local environmental permits or construction 
    approvals received or applied for, including but not limited to permits 
    issued under any of the following programs:
         Hazardous Waste Management program under RCRA;
         UIC program under SDWA;
         Prevention of Significant Deterioration (PSD) program 
    under the Clean Air Act;
         Nonattainment program under the Clean Air Act;
         National Emission Standards for Hazardous Air Pollutants 
    (NESHAPS) preconstruction approval under the Clean Air Act;
         Ocean dumping permits under the Marine Protection, 
    Research, and Sanctuaries Act; or
         Dredge or fill permits under Section 404 of CWA.
        A.4. Federal Indian Reservation. Identify any generation, 
    treatment, storage, application to land, or disposal of sewage sludge 
    that occurs on a Federal Indian Reservation.
        A.5. Topographic Map. Provide a topographic map or maps (or other 
    appropriate map(s) if a topographic map is unavailable) that shows the 
    items identified below, including the areas one mile beyond the 
    property boundaries of the facility.
        a. Location of all sewage sludge management facilities, including 
    land application sites and locations where sewage sludge is generated, 
    treated, or disposed;
        b. Location of all water bodies within one mile beyond the 
    facility's property boundaries; and
        c. Location of all wells used for drinking water listed in public 
    records or otherwise known to you within \1/4\ mile of the facility 
    property boundaries.
        On each map, include the map scale, a meridian arrow showing north, 
    and latitude and longitude at the nearest whole second. Use a 7\1/2\-
    minute series map published by the U.S. Geological Survey (USGS), which 
    may be obtained through the USGS Earth Science Information Center 
    (ESIC) listed below. If a 7\1/2\-minute series map has not been 
    published for your facility site, then you may use a 15-minute series 
    map from the U.S. Geological Survey. If neither a 7\1/2\-minute nor 15-
    minute series map has been published for your facility site, use a plat 
    map or other appropriate map, including all the requested information; 
    in this case, briefly describe land uses in the map area (e.g., 
    residential, commercial). If you have previously prepared a map that 
    includes these three items, that map may be submitted to fulfill this 
    requirement if it is still accurate.
        Maps may be purchased at local dealers (listed in your local yellow 
    pages) or purchased over the counter at the following USGS Earth 
    Science Information Centers (ESIC):
    
    Anchorage-ESIC, 4230 University Dr., Rm. 101, Anchorage, AK 99508-
    4664, (907)786-7011
    Lakewood-ESIC, Box 25046, Bldg. 25, Rm. 1813, Denver Federal Center, 
    MS 504, Denver, CO 80225-0046, (303)236-5829
    Lakewood Open Files-ESIC, Box 25286, Bldg. 810, Denver Federal 
    Center, Denver, CO
    Menlo Park-ESIC, Bldg. 3, Rm. 3128, MS 532, 345 Middlefield Rd., 
    Menlo Park, CA 94025-3591, (415)329-4309
    Reston-ESIC, 507 National Center, Reston, VA 22092, (703)648-6045
    Rolla-ESIC, 1400 Independence Rd., MS 231, Rolla, MO 65401-2602, 
    (314)341-0851
    Salt Lake City-ESIC, 2222 West 2300 South, Salt Lake City, UT 84119, 
    (801)975-3742
    Sioux Falls-ESIC, EROS Data Center, Sioux Falls, SD 57198-0001, 
    (605)594-6151
    Spokane-ESIC, U.S. Post Office Bldg., Rm. 135, 904 W. Riverside 
    Ave., Spokane, WA 99201-1088, (509)353-2524
    Stennis Space Center-ESIC, Bldg. 3101, Stennis Space Center, MS 
    39529, (601)688-3541
    Washington, D.C.-ESIC, U.S. Dept. of Interior, 1849 C St., NW, Rm. 
    2650, Washington, D.C. 20240, (202)208-4047
    
        All maps should be either on paper or other material appropriate 
    for reproduction. If possible, all sheets should be approximately 
    letter size with margins suitable for filing and binding. As few sheets 
    as necessary should be used to clearly show what is involved. Each 
    sheet should be labeled with your facility's name, permit number, 
    location (city, county, or town), date of drawing, and designation of 
    the number of sheets of each diagram as ``page ________ of ________.''
        A.6. Line Drawing. Attach to this form a line drawing, simple flow 
    diagram, or narrative description that identifies all sewage sludge 
    processes employed during the permit term, including the information 
    requested on the application form.
        A.7. Contractor Information.
        If a contractor carries out any operational or maintenance aspects 
    associated with this facility, provide the name, mailing address, and 
    telephone of each such contractor. Also provide a description of the 
    activities performed by the contractor. Attach additional pages if 
    necessary.
        A.8. Pollutant Concentrations.
         All facilities must complete Section A.8.a. (Part 503 
    Metals, Nutrients, and percent solids).
         Complete Section A.8.b. if this facility is a Class I 
    sludge management facility.
        A Class I sludge management facility is either:
    
    --Any POTW required to have an approved pretreatment program under 40 
    CFR 403.8(a), including any POTW located in a State assuming local 
    pretreatment program responsibilities pursuant to 40 CFR 403.10(e)); or
    --Any treatment works treating domestic sewage, as defined in 40 CFR 
    122.2, classified as a Class I sludge management facility by the EPA 
    Regional Administrator, or, in the case of approved State programs, the 
    Regional Administrator in conjunction with the State Director, because 
    of the potential for its sewage sludge use or disposal practices to 
    adversely affect public health and the environment.
    
        Provide pollutant concentration data as follows:
         Submit data for each of the pollutants listed in the 
    appropriate section.
         For the listed pollutants, data may not be more than two 
    years old. If existing data are not available for a pollutant, you must 
    obtain and analyze at least one sample for that pollutant. 
    
    [[Page 62650]]
    
         In addition, if you have any available concentration data 
    for pollutants not listed in the section you are completing, provide 
    those data as well. If data for such additional pollutants are not 
    available from the last two years, provide the most recent data.
         Express pollutant concentrations as dry weight 
    concentrations.
         You may use a separate attachment in addition to or 
    instead of the table provided.
        Calculations on a dry weight basis are based on sewage sludge 
    having been dried at 105 degrees Celsius until reaching a constant 
    weight (i.e., essentially 100 percent solids content).
        The Part 503 sewage sludge use or disposal regulation requires the 
    use of Test Method SW-846 (in ``Test Methods for Evaluating Solid 
    Waste, Physical/Chemical Methods,'' Second and Third Editions) to 
    analyze samples of sewage sludge for compliance with Part 503. SW-846 
    is recommended, but not required, for purposes of providing sewage 
    sludge quality information in the permit application.
        A.9. Certification. All permit applications must be signed and 
    certified. Also indicate in the boxes provided, which sections of Form 
    2S you are submitting with this application.
        An application submitted by a municipality, State, Federal, or 
    other public agency must be signed by either a principal executive 
    officer or ranking elected official. A principal executive officer of a 
    Federal agency includes: (1) The chief executive officer of the agency, 
    or (2) a senior executive officer having responsibility for the overall 
    operations of a principal geographic unit of the agency (e.g., Regional 
    Administrators of EPA).
        An application submitted by a corporation must be signed by a 
    responsible corporate officer. A responsible corporate officer means: 
    (1) A president, secretary, treasurer, or vice president in charge of a 
    principal business function, or any other person who performs similar 
    policy- or decision-making functions; or (2) the manager of 
    manufacturing, production, or operating facilities employing more than 
    250 persons or having gross annual sales or expenditures exceeding $25 
    million (in second quarter 1980 dollars), if authority to sign 
    documents has been assigned or delegated to the manager in accordance 
    with corporate procedures.
        An application submitted by a partnership or sole proprietorship 
    must be signed by a general partner or the proprietor, respectively.
    
    Section B: Generation of Sewage Sludge or Preparation of a Material 
    Derived From Sewage Sludge
    
        Complete this section if you are a ``person who prepares sewage 
    sludge.'' A person who prepares sewage sludge is a person who generates 
    sewage sludge during the treatment of domestic sewage in a treatment 
    works or who derives a material from sewage sludge. This section, 
    therefore, pertains to any POTW or other treatment works that generates 
    sewage sludge, as well as to any facility that derives a material from 
    sewage sludge (e.g., it composts sewage sludge or blends sewage sludge 
    with another material). Simply distributing sewage sludge or placing it 
    in a bag or other container for sale or give-away for application to 
    the land is not considered ``deriving a material'' from sewage sludge 
    (because it does not change sludge quality), and thus a facility that 
    only distributes or bags a sewage sludge would not be automatically 
    required to provide the information in this section.
        B.1. Amount Generated On Site. Provide the total dry metric tons 
    per 365-day period of sewage sludge that is generated at your facility. 
    Report only the amount of sewage sludge that is generated during 
    treatment of domestic sewage in a treatment works, not the amount of 
    material that is derived from sewage sludge.
        B.2. Amount Received from Off Site. Provide the following 
    information if your facility receives any sewage sludge from an off-
    site facility for further treatment (including blending), use, or 
    disposal at your facility. If your facility receives sewage sludge from 
    more than one off-site facility, provide this information separately 
    for each such facility. Attach additional pages as necessary.
        For purposes of this form, an off-site facility is a facility or 
    site that is located on land physically separate from the land used in 
    connection with your facility. ``Off site'' may include facilities or 
    sites that you own if they are not located on the same property or on 
    adjacent property.
        a. Provide the official or legal name of the off-site facility. Do 
    not use a colloquial name.
        b. Provide the name and work telephone number of a person who is 
    thoroughly familiar with the operation of the off-site facility and 
    with the facts reported in this section, and who can be contacted by 
    the permitting authority if necessary.
        c. Provide the complete mailing address at the off-site facility 
    where correspondence should be sent.
        d. Provide the physical location (street address) of the off-site 
    facility. If the facility lacks a street address or route number, 
    provide the most accurate alternative geographic information (e.g., 
    township and range, section or quarter section number, nearby highway 
    intersection).
        The off-site facility providing the sewage sludge is, by 
    definition, also a ``person who prepares sewage sludge''. Both you and 
    the off-site facility are required to apply for a permit and are 
    required to ensure that applicable Part 503 requirements are met.
        e. Provide the total dry metric tons per 365-day period received 
    from the off-site facility.
        f. Describe any treatment processes occurring at the off-site 
    facility, including blending activities and treatment to reduce 
    pathogens or vector attraction characteristics. ``Treatment'' does not 
    include dewatering.
        B.3. Treatment Provided at Your Facility. Provide the following 
    information regarding sewage sludge treatment at your facility. This 
    question does not request information on sewage sludge treatment at an 
    off-site use or disposal facility.
        a. Indicate the class of pathogen reduction (Class A or Class B) 
    that is achieved before sewage sludge leaves the facility. You may 
    select ``neither or unknown'' only if sewage sludge is placed on an 
    active sewage sludge unit that is covered with soil or other material 
    at the end of each operating day, sent to another facility for 
    additional treatment, fired in a sewage sludge incinerator, or placed 
    on a municipal solid waste landfill unit.
        Options for meeting Class A pathogen reduction are listed at 
    Sec. 503.32(a). Options for meeting Class B pathogen reduction are 
    listed at Sec. 503.32(b).
        b. Provide a written description of any treatment processes used to 
    reduce pathogens in sewage sludge, including an indication of how the 
    treatment fulfills one of the options for meeting Class A or Class B 
    pathogen reduction. You may attach existing documentation (e.g., 
    technical or process specifications) to meet this requirement.
        c. Indicate whether any of vector attraction reduction options 1-8 
    are met before sewage sludge leaves the facility. Options 1-8 are 
    published at Sec. 503.33(b) (1)-(8), and typically are met at the point 
    of sewage sludge generation.
        Options 9, 10, and 11 (published at Sec. 503.33(b) (9)-(11), 
    respectively) are also available, but are typically met at the point of 
    use or disposal and are covered elsewhere in this form.
        You may select ``none or unknown'' only in the following cases:
         If sewage sludge is sent to another facility for 
    additional treatment; 
    
    [[Page 62651]]
    
         If option 9 (injection below land surface) or option 10 
    (incorporation into soil within six hours) is met at a land application 
    site;
         If option 9 (injection below land surface), option 10 
    (incorporation into soil within six hours), or option 11 (daily cover) 
    is met at an active sewage sludge unit at a surface disposal site;
         If sewage sludge is fired in a sewage sludge incinerator; 
    or
         If sewage sludge is placed on a municipal solid waste 
    landfill unit.
        Land application: Sewage sludge applied to agricultural land, a 
    forest, a public contact site, or a reclamation site must meet one of 
    the vector attraction reduction options 1-10, which are defined at 
    Sec. 503.33(b) (1)-(10), respectively. Sewage sludge applied to a lawn 
    or home garden, or placed in a bag or other container for sale or give-
    away for application to the land, must meet any of options 1-8, defined 
    at Sec. 503.33(b) (1)-(8), respectively.
        Surface disposal: Sewage sludge placed on an active sewage sludge 
    unit must meet one of vector attraction reduction options 1-11, which 
    are defined at Sec. 503.33(b) (1)-(11), respectively.
        d. Provide a written description of any treatment processes used to 
    reduce vector attraction characteristics of sewage sludge, including an 
    indication of how the treatment fulfills one of options 1-8 for vector 
    attraction reduction. You may attach existing documentation (e.g., 
    technical or process specifications) to meet this requirement.
        e. Provide a written description of any other treatment or blending 
    activities not described in B.3.b or B.3.d above. ``Other treatment'' 
    does not include dewatering or placement of sewage sludge in a bag or 
    other container for sale or give-away for application to land. You may 
    attach existing documentation (e.g., technical or process 
    specifications) to meet this requirement.
        B.4. Preparation of Sewage Sludge Meeting Ceiling Concentrations, 
    Pollutant Concentrations, Class A Pathogen Requirements, and One of 
    Vector Attraction Reduction Options 1-8.
        Complete this section if sewage sludge from this facility meets all 
    of the following criteria:
         The ceiling concentrations in Table 1 of Sec. 503.13(b)(1) 
    and the pollutant concentrations in Table 3 of Sec. 503.13(b)(3);
         The Class A pathogen reduction requirements in 
    Sec. 503.32(a); and
         One of the vector attraction reduction options in 
    Sec. 503.33(b) (1)-(8).
        Sewage sludge meeting all of these criteria is exempt from the 
    general requirements of Sec. 503.12 and the management practices of 
    Sec. 503.14, and thus fewer permitting and permit application 
    requirements typically pertain to facilities generating such sludge. 
    For this reason, if you are eligible to complete Section B.4, you may 
    skip Sections B.5--B.7 unless specifically required to complete any of 
    them by the permitting authority.
        a. Provide the total dry metric tons per 365-day period of sewage 
    sludge that is applied to the land and that meets the Table 1 ceiling 
    concentrations, the Table 3 pollutant concentrations, Class A pathogen 
    requirements, and one of vector attraction reduction options 1-8.
        b. Indicate whether sewage sludge that meets the Table 1 ceiling 
    concentrations, the Table 3 pollutant concentrations, Class A pathogen 
    requirements, and one of vector attraction reduction options 1-8 is 
    placed in bags or other containers at your facility.
        Sewage sludge placed in a bag or other container must meet the 
    Table 1 ceiling concentrations, the Class A pathogen requirements, one 
    of vector attraction reduction options 1-8, and either the Table 3 
    pollutant concentrations or the annual pollutant loading rates (APLRs) 
    in Table 4 of Sec. 503.13. This question does not pertain to sewage 
    sludge meeting APLRs.
        An other container is either an open or closed receptacle, 
    including but not limited to a bucket, a box, a carton, and a vehicle 
    or trailer with a load capacity of one metric ton or less.
        B.5. Sale or Give-Away in a Bag or Other Container for Application 
    to the Land. Complete this section if sewage sludge from this facility 
    is sold or given away in a bag or other container for application to 
    the land. Skip this section, however, for any sewage sludge you 
    reported in Section B.4 (i.e., sludge meeting Table 1 ceiling 
    concentrations, Table 3 pollutant concentrations, Class A pathogen 
    requirements, and one of vector attraction reduction options 1-8).
        A bag or other container includes an open or closed receptacle such 
    as a bucket, box, carton, or vehicle or trailer with a load capacity of 
    one metric ton or less.
        a. Provide the total dry metric tons per 365-day period placed in 
    bags or other containers for sale or give-away.
        b. Attach with this application a copy of any label or information 
    sheet that accompanies the product being sold or given away. When 
    sewage sludge is placed in a bag or other container for sale or give-
    away for application to the land, either a label must be affixed to the 
    bag or other container, or an information sheet must be provided to the 
    person receiving the sewage sludge. The label or information sheet must 
    contain the following information:
         The name and address of the person who prepared the sewage 
    sludge that is sold or given away in a bag or other container for 
    application to the land;
         A statement that application of the sewage sludge to the 
    land is prohibited except in accordance with the instructions on the 
    label or information sheet; and
         The annual whole sludge application rate for the sewage 
    sludge that does not cause any of the annual pollutant loading rates in 
    Table 4 of Sec. 503.13 to be exceeded.
        B.6. Shipment-Off Site for Treatment or Blending. Complete this 
    section if you provide sewage sludge to another facility, and that 
    facility provides treatment or blending (i.e., it derives a material 
    from sewage sludge).
        Skip this section, however, for any sewage sludge that is:
         Covered in Section B.4 (i.e., it meets the Table 1 ceiling 
    concentrations, the Table 3 pollutant concentrations, Class A pathogen 
    reduction requirements, and one of vector attraction reduction options 
    1-8);
         Covered in Section B.5 (i.e., it is placed in a bag or 
    other container at your facility); or
         Sent directly from your facility to a land application 
    site or surface disposal site.
        If you provide sewage sludge to more than one facility that 
    provides treatment or blending, complete Section B.6 for each such 
    facility. Attach additional pages as necessary.
        a. Provide the official or legal name of the facility receiving the 
    sewage sludge. Do not use a colloquial name.
        b. Provide the name, title, and work telephone number of a person 
    who is thoroughly familiar with the operation of the facility receiving 
    the sewage sludge, and who can be contacted by the permitting authority 
    if necessary.
        c. Provide the complete mailing address of the receiving facility 
    where correspondence should be sent.
        d. Provide the total dry metric tons per 365-day period your 
    facility sends to the receiving facility. Do not include sewage sludge 
    that other facilities send to the receiving facility.
        e. Indicate whether the facility receiving the sewage sludge 
    provides additional treatment to reduce pathogens in sewage sludge from 
    your facility. Also indicate whether Class A or Class B pathogen 
    reduction is 
    
    [[Page 62652]]
    achieved before the sewage sludge leaves the receiving facility.
        Options for meeting Class A pathogen reduction are listed at 
    Sec. 503.32(a). Options for meeting Class B pathogen reduction are 
    listed at Sec. 503.32(b).
        Provide a written description of any treatment processes used at 
    the receiving facility to reduce pathogens in sewage sludge, including 
    an indication of how the treatment fulfills one of the options for 
    meeting Class A or Class B pathogen reduction. You may attach existing 
    documentation (e.g., technical or process specifications) to meet this 
    requirement.
        f. Indicate whether the facility receiving the sewage sludge 
    provides additional treatment to reduce vector attraction 
    characteristics of the sewage sludge from your facility. Also indicate 
    whether any of vector attraction reduction options 1-8 are met before 
    the sewage sludge leaves the receiving facility. Options 1-8 are 
    typically met at the point of sewage sludge generation or treatment; 
    additional options are available, but these are typically met at the 
    point of use or disposal.
        Land application: Sewage sludge applied to agricultural land, 
    forest, a public contact site, or a reclamation site must meet one of 
    vector attraction reduction options 1-10, which are defined at 
    Sec. 503.33(b) (1)-(10), respectively. Sewage sludge applied to a lawn 
    or home garden, or placed in a bag or other container for sale or give-
    away for application to the land, must meet one of vector attraction 
    reduction options 1-8, defined at Sec. 503.33(b) (1)-(8), respectively.
        Surface disposal: Sewage sludge placed on an active sewage sludge 
    unit meet one of vector attraction reduction options 1-11, which are 
    defined at Sec. 503.33(b) (1)-(11), respectively.
        Provide a written description of any treatment processes used at 
    the receiving facility to reduce vector attraction reduction 
    characteristics of sewage sludge, including an indication of how the 
    treatment fulfills one of options 1-8 for vector attraction reduction. 
    You may attach existing documentation (e.g., technical or process 
    specifications) to meet this requirement.
        g. Provide a written description of any other treatment or blending 
    not described in B.6.e or B.6.f above. This does not include dewatering 
    of sewage sludge. You may attach existing documentation (e.g., 
    technical or process specifications) to meet this requirement.
        h. If you generate sewage sludge or derive a material from sewage 
    sludge, and you provide that sewage sludge to another person who 
    derives a material from the sewage sludge, Sec. 503.12(g) requires you 
    to provide that person with notice and necessary information to comply 
    with land application requirements of Part 503. If you answered ``yes'' 
    to B.6.e, B.6.f, or B.6.g, the receiving facility is a ``person who 
    prepares sewage sludge'' and you must provide, with this application, a 
    copy of any notice and other information you provide to the receiving 
    facility.
        i. If the receiving facility places sewage sludge from your 
    facility in a bag or other container for sale or give-away for 
    application to the land, provide a copy of all labels or notices that 
    accompany the product being sold or given away.
        A bag or other container includes an open or closed receptacle such 
    as a bucket, box, carton, or vehicle or trailer with a load capacity of 
    one metric ton or less.
        When sewage sludge is placed in a bag or other container for sale 
    or give-away for application to the land, either a label must be 
    affixed to the bag or other container, or an information sheet must be 
    provided to the person receiving the sewage sludge. The label or 
    information sheet must contain the following information:
         The name and address of the person who prepared the sewage 
    sludge that is sold or given away in a bag or other container for 
    application to the land;
         A statement that application of the sewage sludge to the 
    land is prohibited except in accordance with the instructions on the 
    label or information sheet; and
         The annual whole sludge application rate for the sewage 
    sludge that does not cause any of the annual pollutant loading rates in 
    Table 4 of Sec. 503.13 to be exceeded.
        B.7. Land Application of Bulk Sewage Sludge. Complete this section 
    if bulk sewage sludge from your facility is sprayed or spread onto the 
    land surface, injected below the land surface, or incorporated into the 
    soil in order to condition the soil or fertilize crops or vegetation 
    grown in the soil.
        Skip this section, however, for sewage sludge that is:
         Covered in Section B.4 (i.e., it meets the ceiling 
    concentrations in Table 1 of Sec. 503.13(b)(1), the pollutant 
    concentrations in Table 3 of Sec. 503.13(b)(3), the Class A pathogen 
    reduction requirements in Sec. 503.32(a), and one of the vector 
    attraction reduction options in Sec. 503.33(b)(1)-(8)); 1
         Covered in Section B.5 (i.e., it is placed in a bag or 
    other container for sale or give-away for application to the land); or
         Covered in Section B.6 (i.e., it is sent to another 
    facility for treatment or for blending).
        Bulk sewage sludge is defined as sewage sludge that is not sold or 
    given away in a bag or other container for application to the land. (A 
    bag or other container includes an open or closed receptacle such as a 
    bucket, box, carton, or vehicle or trailer with a load capacity of one 
    metric ton or less.)
        If you complete this section (which requests summary information 
    for all bulk sewage sludge that is applied to the land), also complete 
    Section C for each land application site.
        a. Provide the total dry metric tons per 365-day period your 
    facility sends to all land application sites. Do not include sewage 
    sludge sent to land application sites by other facilities.
        b. Indicate whether all land application sites are identified in 
    Section C of this application. If you are not identifying all sites in 
    Section C, provide a copy of the land application plan with this permit 
    application. (Information is collected in Section C for each land 
    application site that has been identified at the time of permit 
    application.)
        Current regulations require you to submit a land application plan 
    at the time of permit application if you intend to apply sewage sludge 
    to land application sites that have not been identified at the time of 
    permit application. (This requirement does not apply if your sewage 
    sludge meets the ceiling concentrations in Table 1 of 
    Sec. 503.13(b)(1), the pollutant concentrations in Table 3 of 
    Sec. 503.13(b)(3), the Class A pathogen reduction requirements in 
    Sec. 503.32(a), and one of the vector attraction reduction options in 
    Sec. 503.33(b) (1)-(8).)
        At a minimum, the land application plan must:
         Describe the geographical area covered by the plan;
         Identify site selection criteria;
         Describe how sites will be managed;
         Provide for advance notice to the permitting authority of 
    specific land application sites and a reasonable time for the 
    permitting authority to object prior to the sewage sludge application; 
    and
         Provide for advance public notice as required by State and 
    local law, but in all cases require notice to land owners and occupants 
    adjacent to or abutting the proposed land application sites.
        The permit writer will work with you to develop additional details 
    of the land application plan on a case-by-case basis. 
    
    [[Page 62653]]
    Such details include site selection criteria (site slope, run-on and 
    run-off control, etc.) and site management guidelines (sludge 
    application rates, access controls, etc.).
        The land application plan is an alternative to either (1) requiring 
    identification of, and permit conditions for, all potential land 
    application sites at the time of permit issuance, or (2) requiring an 
    individual permit action for each approval of a land application site. 
    A land application plan provides for public notice when the land 
    application plan is developed as part of the permit, and it discusses 
    how the public will be notified on a case-by-case basis. For this 
    reason, public notice of the permit will be required to reach areas 
    within the territorial scope of the land application plan. The public 
    notice must indicate that the permit includes a land application plan, 
    and the fact sheet must briefly describe the contents of the land 
    application plan.
        c. If any land application sites are located in States other than 
    the State where you generate the bulk sewage sludge or derive the 
    material from sewage sludge, describe how the permitting authority will 
    be notified in the States where the land application sites are located.
        The permitting authority is either:
         The State, in cases where the State has an EPA-approved 
    sewage sludge management program; or
         The EPA Region, in cases where a State sewage sludge 
    management program has not yet been approved.
        The notice must include the following:
         The physical location, by either street address or 
    latitude and longitude, of each land application site;
         The approximate time period bulk sewage sludge will be 
    applied to the site;
         The name, address, and telephone number of the person who 
    prepares the bulk sewage sludge and the NPDES permit number (if 
    applicable) of their facility; and
         The name, address, and telephone number of the person who 
    will apply the bulk sewage sludge and the NPDES permit number (if 
    applicable) for their facility.
        B.8. Surface Disposal. Complete this section if sewage sludge from 
    your facility is placed on a surface disposal site. If you own or 
    operate a surface disposal site, also complete Section D.
        a. Provide the total dry metric tons per 365-day period that is 
    sent from your facility to all surface disposal sites. Do not include 
    sewage sludge sent to surface disposal sites by other facilities.
        A surface disposal site is an area of land that contains one or 
    more active sewage sludge units. An active sewage sludge unit is a 
    sewage sludge unit that has not closed. A sewage sludge unit is land on 
    which only sewage sludge is placed for final disposal, excluding land 
    on which sewage sludge is either stored or treated.
        b. If sewage sludge from your facility is placed on any surface 
    disposal sites that you do not own or operate, complete B.8.c-B.8.f for 
    each surface disposal site that you do not own or operate. If you send 
    sewage sludge to more than one surface disposal site that you do not 
    own or operate, attach additional pages as necessary.
        c. Provide the official or legal name (or number) of the site 
    receiving the sewage sludge. Do not use a colloquial name.
        d. Provide the name, title, and work telephone number of a person 
    who is thoroughly familiar with the operation of the surface disposal 
    site, and who can be contacted by the permitting authority if 
    necessary.
        Indicate whether the facility contact is the site owner, the site 
    operator, or both. For purposes of this form, the owner is the person 
    that owns a part of or the entire facility. The operator is the person 
    responsible for the overall operation of the facility, and may be 
    different from the owner. In general, the operator is the person 
    responsible for the daily functioning of the facility, including sewage 
    sludge use or disposal.
        e. Provide the complete mailing address for the surface disposal 
    site where correspondence should be sent.
        f. Provide the total dry metric tons of sewage sludge per 365-day 
    period from your facility placed on this surface disposal site. Do not 
    include sewage sludge sent to this surface disposal site by other 
    facilities.
        B.9. Incineration. Complete this section if sewage sludge from your 
    facility is fired in a sewage sludge incinerator. If you own or operate 
    a sewage sludge incinerator, also complete Section E.
        a. Provide the total dry metric tons of sewage sludge per 365-day 
    period that is sent from your facility to all sewage sludge 
    incinerators. Do not include sewage sludge sent to sewage sludge 
    incinerators by other facilities.
        A sewage sludge incinerator is an enclosed device in which sewage 
    sludge and auxiliary fuel are fired. Auxiliary fuel is fuel used to 
    augment the fuel value of sewage sludge, including natural gas, fuel 
    oil, coal, gas generated during anaerobic digestion of sewage sludge, 
    and municipal solid waste (not to exceed 30 percent of the dry weight 
    of sewage sludge and auxiliary fuel together).
        b. If you do not own or operate a sewage sludge incinerator in 
    which sewage sludge from your facility is fired, complete B.9.c-B.9.f 
    each sewage sludge incinerator that you do not own or operate.
        c. Provide the official or legal name or number of the sewage 
    sludge incinerator. Do not use a colloquial name.
        d. Provide the name, title, and work telephone number of a person 
    who is thoroughly familiar with the operation of the sewage sludge 
    incinerator, and who can be contacted by the permitting authority if 
    necessary.
        Indicate whether the incinerator contact is the owner, the 
    operator, or both. For purposes of this form, the owner is the person 
    that owns a part of or the entire facility. The operator is the person 
    responsible for the overall operation of the facility, and may be 
    different from the owner. In general, the operator is the person 
    responsible for the daily functioning of the facility, including sewage 
    sludge use or disposal.
        e. Provide the complete mailing address at the sewage sludge 
    incinerator where correspondence should be sent.
        f. Provide the total dry metric tons of sewage sludge per 365-day 
    period from your facility fired in this sewage sludge incinerator. Do 
    not include sewage sludge sent to this incinerator by other facilities.
        B.10. Disposal on a Municipal Solid Waste Landfill.
        Complete this section if sewage sludge from your facility is placed 
    on a municipal solid waste landfill (MSWLF) unit.
        Provide the information in this section once for each MSWLF on 
    which sewage sludge from your facility is placed. If sewage sludge from 
    your facility is placed on more than one MSWLF, attach additional pages 
    as necessary.
        The Part 503 sewage sludge use or disposal regulation does not 
    impose additional requirements on sewage sludge that is sent to a 
    MSWLF, but they cross-reference existing criteria for MSWLFs at 40 CFR 
    Part 258. Therefore, if sewage sludge from your facility is placed on a 
    MSWLF unit, your permit must contain conditions regulating such 
    disposal.
        A MSWLF unit is a discrete area of land or an excavation that 
    receives household waste, and that is not a land application unit, 
    surface impoundment, injection well, or waste pile, as those terms are 
    defined under Sec. 257.2. A 
    
    [[Page 62654]]
    MSWLF unit also may receive other types of RCRA subtitle D wastes, such 
    as commercial solid waste, nonhazardous sludge, small quantity 
    generator waste and industrial solid waste. Such a landfill may be 
    publicly or privately owned.
        a. Provide the official or legal name of the MSWLF. Do not use a 
    colloquial name.
        b. Provide the name, title, and work telephone number of a person 
    who is thoroughly familiar with the operation of the MSWLF, and who can 
    be contacted by the permitting authority if necessary.
        c. Provide the complete mailing address for the MSWLF where 
    correspondence should be sent. This may differ from the MSWLF location 
    given below.
        d. Provide the physical location (street address) of the MSWLF. If 
    the MSWLF lacks a street address or route number, provide the most 
    accurate alternative geographic information (e.g., township and range, 
    section or quarter section number, nearby highway intersection).
        e. Provide the total dry metric tons per 365-day period that is 
    sent from your facility to this MSWLF. Do not include sewage sludge 
    sent to the MSWLF by other facilities.
        f. Provide the number and type of any relevant Federal, State, or 
    local environmental permits or construction approvals received or 
    applied for by the MSWLF.
        g. Submit information to determine whether the sewage sludge placed 
    on this MSWLF meets applicable requirements for disposal of sewage 
    sludge on a MSWLF.
        Sewage sludge placed on a MSWLF must meet requirements in Part 258 
    concerning the quality of materials placed on a MSWLF unit. In 
    particular:
         Placement on a MSWLF of bulk or noncontainerized liquid 
    waste, as determined using the Paint Filter Liquids Test (Method 9095 
    in ``Test Methods for Evaluating Solid Wastes, Physical/Chemical 
    Methods--EPA Pub. No. SW-846.), is prohibited.
         Placement on a MSWLF of a regulated hazardous waste, as 
    defined in 40 CFR 261.3, is prohibited.
         If sewage sludge is used as a cover at a MSWLF, the MSWLF 
    owner/operator must demonstrate that the sewage sludge is suitable for 
    use as a cover, and that it provides sufficient control of disease 
    vectors, fires, odors, blowing litter, and scavenging and does not 
    present a threat to human health and the environment.
        h. Indicate whether the MSWLF complies with criteria set forth in 
    40 CFR Part 258.
        Part 258 specifies minimum Federal criteria for MSWLFs, including 
    landfills that accept sewage sludge along with household waste. Among 
    these requirements are location restrictions, facility design and 
    operating criteria, ground-water monitoring, and corrective action, 
    closure and post-closure care, along with financial assurance 
    requirements. In contrast to Part 503, Part 258 controls sewage sludge 
    placed on MSWLFs through a facility design and management practice 
    approach. In Part 503, EPA has adopted the Part 258 criteria as the 
    appropriate standard for sewage sludge disposed of with municipal 
    waste. EPA concluded that if sewage sludge is disposed of in a MSWLF 
    complying with Part 258 criteria, public health and the environment are 
    protected.
        Note that the POTW is legally responsible for knowing whether a 
    MSWLF is in compliance with Part 258 and may be liable if it sends its 
    sludge to an MSWLF that is not in compliance with Part 258.
    
    Section C: Land Application of Bulk Sewage Sludge
    
        Complete this section if you completed Section B.7 (Land 
    Application of Bulk Sewage Sludge). Unless the permitting authority 
    specifically requires you to complete this section, you may skip this 
    section for sewage sludge that is covered in any of the following 
    sections of this application:
         Section B.4 (the sewage sludge meets the ceiling 
    concentrations in Table 1 of Sec. 503.13(b)(1), the pollutant 
    concentrations in Table 3 of Sec. 503.13(b)(3), the Class A pathogen 
    reduction requirements in Sec. 503.32(a), and one of the vector 
    attraction reduction options in Sec. 503.33(b) (1)-(8)). Such sewage 
    sludges are exempt from the general requirements and management 
    practices of Part 503 when they are land applied (unless the permitting 
    authority requires otherwise), and thus the site information in Section 
    C is not required for permitting.
         Section B.5 (the sewage sludge is placed in a bag or other 
    container for sale or give-away for application to the land). Section C 
    does not cover the sale or give-away of sewage sludge in a bag or other 
    container for application to the land because EPA typically will not 
    control the users of such sewage sludge (typically, home gardeners or 
    other small-scale users), or the land on which the sludge is applied, 
    through the generator's permit.
         Section B.6 (the sewage sludge is sent to another facility 
    for treatment or for blending). Section C does not apply to a generator 
    that sends sewage sludge to another facility for treatment or for 
    blending, because the Part 503 requirements addressed by Section C will 
    largely be the responsibility of the receiving facility.
        Bulk sewage sludge is defined as sewage sludge that is not sold or 
    given away in a bag or other container for application to the land. (A 
    bag or other container includes an open or closed receptacle such as a 
    bucket, box, carton, or vehicle or trailer with a load capacity of one 
    metric ton or less.)
        Provide the information in this section for each land application 
    site that has been identified at the time of permit application. Attach 
    additional pages as necessary. In cases where the sewage sludge is 
    applied to numerous sites with similar characteristics, you may combine 
    the information for several sites under a single response (the name and 
    address of each site must still be provided, however).
        C.1. Identification of Land Application Site.
        a. Provide the site name or number. The name or number is any 
    designation commonly used to refer to the site. If the site has been 
    previously designated in another permit, use that designation.
        b. Answer either question 1 or question 2.
        1. Provide the physical location (street address) of the land 
    application site. If the site lacks a street address or route number, 
    provide the most accurate alternative geographic information (e.g., 
    township and range, section or quarter section number, nearby highway 
    intersection).
        2. Provide the latitude and longitude of the facility. If a map was 
    used to obtain latitude and longitude, provide map datum (e.g., NAD 27, 
    NAD 83) and map scale (e.g., 1:24000, 1:100000).
        C.2. Owner Information.
        a. Indicate whether you are the owner of this land application 
    site. For purposes of this form, the owner is the person that owns a 
    part of or the entire land application site.
        b. If you are not the owner of this land application site, provide 
    the name, telephone number, and complete mailing address for the site 
    owner.
        C.3. Applier Information.
        a. Indicate whether you are the person who applies sewage sludge to 
    this land application site.
        b. If you are not the person who applies sewage sludge to this land 
    application site, provide the name, 
    
    [[Page 62655]]
    telephone number, and mailing address of the person who applies sewage 
    sludge to this land application site.
        C.4. Site Type. The ``type of land application site'' is the 
    intended end use of the land. Part 503 regulates bulk sewage sludge 
    applied to agricultural land, forest, public contact sites, reclamation 
    sites, and lawns and home gardens. Proper identification of the type of 
    land application site is important because the applicable Part 503 
    requirements--and thus permit conditions--differ according to the type 
    of site.
        Agricultural land is land on which a food crop, a feed crop, or a 
    fiber crop is grown. This includes range land, which is open land with 
    indigenous vegetation, and pasture, which is land on which animals feed 
    directly on crops such as grasses, grain stubble, or stover.
        Forest is a tract of land thick with trees and underbrush.
        A public contact site is land with a high potential for contact by 
    the public. Public contact sites include public parks, ball fields, 
    cemeteries, plant nurseries, turf farms, and golf courses.
        A reclamation site is land that has been drastically disturbed by 
    strip mining, fires, construction, etc. As part of the reclamation 
    process, sewage sludge is applied for its nutrient and soil 
    conditioning properties to help stabilize and revegetate the land.
        C.5. Crop or Other Vegetation Grown on Site.
        a. Identify the type of crop or other vegetation grown on this land 
    application site. If the crop or vegetation to be grown on the site is 
    not yet known, or is likely to change in an unforeseeable manner during 
    the life of the permit, you may so indicate instead of providing the 
    type of crop or other vegetation.
        b. Provide the nitrogen requirement for the crop or other 
    vegetation listed in C.5.a. Information on the nitrogen content of 
    vegetation grown on the site may be obtained from local agricultural 
    extension services, a local Farm Advisor's Office, or published 
    sources.
        C.6. Vector Attraction Reduction. Identify any vector attraction 
    reduction requirements that are met at the land application site.
        a. Specifically, indicate whether vector attraction reduction 
    option 9 (injection below soil surface) or option 10 (incorporation 
    into soil within 6 hours) is met.
        Bulk sewage sludge that is applied to the land may meet any of 
    vector attraction reduction options 1-10, as identified in 
    Sec. 503.33(b) (1)-(10), respectively. Options 1-8 were covered in 
    Section B.3, which requests information on sewage sludge treatment at 
    the facility generating the sewage sludge. If you met any of options 1-
    8 (e.g., processes to reduce volatile solids, reduce specific oxygen 
    uptake rate, raise pH, raise percent solids), you should have 
    identified that option in Question B.3.c and described how the option 
    is met in Question B.3.d.
        By contrast, vector attraction reduction options 9 and 10 are 
    typically met at the land application site. Options 9 and 10 are not 
    available for sewage sludge applied to a lawn or home garden.
        b. Provide a written description of how the vector attraction 
    reduction is met.
        C.7. Ground-Water Monitoring. If any ground-water monitoring data 
    are available for this land application site, submit the following with 
    the application:
         Available ground-water monitoring data; and
         A written description of the well locations, approximate 
    depth to ground water, and the ground-water monitoring procedures used 
    to obtain these data (you may attach existing documentation to fulfill 
    this requirement).
        For purposes of this form, ground-water monitoring means the 
    installation and periodic sampling and analysis of small-diameter wells 
    screened in the aquifer below the base of the deepest active sewage 
    sludge unit.
        C.8. Cumulative Loadings and Remaining Allotments.
        Complete Section C.8. only for sewage sludge that is applied to the 
    site subject to cumulative pollutant loading rates (CPLRs). Sewage 
    sludge applied to the site on or before July 20, 1993, is not subject 
    to this section.
        a. Indicate whether you have contacted the permitting authority in 
    the State where the bulk sewage sludge will be applied to ascertain 
    whether bulk sewage sludge subject to CPLRs has been applied to the 
    site since July 20, 1993.
        If applicable, provide the name of the permitting authority and the 
    name and phone number of the contact person at the permitting 
    authority.
        You may not apply bulk sewage sludge subject to CPLRs to the site 
    until you have contacted the permitting authority in that State.
        The permitting authority is either:
         The State, in cases where the State has an EPA-approved 
    sewage sludge management program; or
         The EPA Region, in cases where a State sewage sludge 
    management program has not yet been approved.
        If you answered yes to C.8.a, continue on to C.8.b. If you answered 
    no, skip the rest of Section C.8.
        b. Indicate whether, based on your investigation in Section C.8.a 
    or other information, sewage sludge subject to CPLRs has been applied 
    to the site since July 20, 1993.
        If you answered yes to C.8.b, continue on to C.8.c. If you answered 
    no, skip the rest of Section C.8.
        c. Provide the following information for every other facility that 
    sends (or has sent since July 20, 1993) bulk sewage sludge subject to 
    CPLRs to this site:
         The official or legal name of the facility. Do not use a 
    colloquial name.
         If available, the name, title, and work telephone number 
    of a person who is thoroughly familiar with the facility, and who can 
    be contacted by the permitting authority if necessary.
         The complete mailing address at the facility where 
    correspondence should be sent.
    
    Section D: Surface Disposal
    
        Complete this section if you own or operate a surface disposal site 
    and are required to submit a full permit application (i.e., Part 2 of 
    Form 2S) at this time.
        A sewage sludge surface disposal site is, by definition, a 
    treatment works treating domestic sewage, and the owner/operator of the 
    site is required to apply for a permit. You are required to submit Part 
    2 of this form (including Section D) if:
         The surface disposal site is already covered by an NPDES 
    permit (e.g., a POTW's NPDES permit);
         You are requesting site-specific pollutant limits for an 
    active sewage sludge unit at the surface disposal site; or
         You have been required by the permitting authority to 
    submit a full permit application at this time.
        If none of these criteria apply, you should submit Part 1 instead 
    of Part 2 (and may therefore skip Section D). Part 1 requests a limited 
    amount of information from so-called ``sludge-only'' facilities 
    (facilities without a currently-effective NPDES permit) that are not 
    requesting site-specific permit limits and are not otherwise required 
    to submit a full permit application at this time. Part 1 is intended to 
    allow the permitting authority to identify these facilities, track 
    sewage sludge use and disposal, and establish priorities for 
    permitting.
        D.1. Information on Active Sewage Sludge Units. Complete Sections 
    D1. through D5 for each active sewage sludge unit you own or operate. 
    If you own or operate more than one active 
    
    [[Page 62656]]
    sewage sludge unit, attach additional pages as necessary.
        An active sewage sludge unit is an area of land on which only 
    sewage sludge is placed for final disposal. Sewage sludge units 
    include, but are not limited to, natural topographical depressions, 
    man-made excavations, or diked areas designed to dispose of (not treat) 
    sewage sludge. Sewage sludge units do not include areas where sewage 
    sludge is generated as a result of ongoing treatment (e.g., polishing 
    ponds) or land on which sewage sludge is placed for either treatment or 
    storage. Sewage sludge may be stored on an area of land for a period 
    equal to or less than two years. If sewage sludge remains on an area of 
    land for greater than two years, the person who prepares the sewage 
    sludge must develop a rationale for why the land should not be 
    considered an active sewage sludge unit.
        Most requirements for surface disposal of sewage sludge under Part 
    503 pertain to individual active sewage sludge units at a surface 
    disposal site. Permit conditions for your facility may be developed on 
    a unit-by-unit basis, or may be developed for the entire surface 
    disposal site if all units are sufficiently similar.
        a. Provide the name or number of the active sewage sludge unit. The 
    name or number is any designation commonly used to refer to the unit. 
    If the active sewage sludge unit has been previously designated in 
    another permit, use that designation.
        b. Provide the physical location (street address) of the active 
    sewage sludge unit. If the active sewage sludge unit lacks a street 
    address or route number, provide the most accurate alternative 
    geographic information (e.g., township and range, section or quarter 
    section number, nearby highway intersection).
        c. Provide the total dry metric tons per 365-day period placed on 
    the active sewage sludge unit. The amount of sewage sludge placed on an 
    active sewage sludge unit determines the frequency of monitoring for 
    sewage sludge placed on the active sewage sludge unit.
        d. Provide the total number of dry metric tons of sewage sludge 
    placed on the active sewage sludge unit over the life of the unit to 
    date.
        e. Indicate whether the active sewage sludge unit has a liner. A 
    liner is defined as soil or synthetic material with a maximum hydraulic 
    conductivity (permeability) of 1  x  10-7 cm/sec.
        If the active sewage sludge unit has a liner, describe the material 
    from which the liner is constructed and specify the design hydraulic 
    conductivity of that material.
        f. Indicate whether the active sewage sludge unit has a leachate 
    collection system. A leachate collection system is a system or device 
    installed immediately above a liner that is designed, constructed, 
    maintained, and operated to collect and remove leachate from a sewage 
    sludge unit.
        If the active sewage sludge unit has a leachate collection system, 
    describe how the system is designed and operated. Also describe the 
    method used for leachate disposal, such as discharge to surface water 
    (provide all applicable permit numbers) or disposal at a hazardous 
    waste treatment, storage, or disposal facility (provide Federal, State, 
    and local permit numbers for this facility).
        g. If you answered yes to both D.1.e and D.1.f, pollutant limits do 
    not apply to the active sewage sludge unit.
        If the boundary of the active sewage sludge unit without a liner 
    and leachate collection system is less than 150 meters from the 
    property line of the surface disposal site, provide the actual distance 
    in meters.
        When the boundary of an active sewage sludge unit without a liner 
    and leachate collection system is less than 150 meters from the 
    property line of the surface disposal site, the pollutant limits for 
    the unit are determined according to the actual distance, as indicated 
    in Table 2 of Sec. 503.23.
        h. Provide the remaining capacity of the active sewage sludge unit, 
    in dry metric tons, and the anticipated closure date of the active 
    sewage sludge unit, if known. Attach to the application a copy of any 
    closure plan that has been developed for the active sewage sludge unit.
        D.2. Sewage Sludge from Other Facilities. If sewage sludge is sent 
    to this active sewage sludge unit by any facilities other than your 
    facility, complete this section for each such facility. If sewage 
    sludge from more than one facility other than your facility is placed 
    on this active sewage sludge unit, attach additional pages as 
    necessary.
        a. Provide the official or legal name of the facility providing the 
    sewage sludge. Do not use a colloquial name.
        b. Provide the name, title, and work telephone number of a person 
    who is thoroughly familiar with the operation of the facility that is 
    providing the sewage sludge, and who can be contacted by the permitting 
    authority if necessary.
        c. Provide the complete mailing address of the facility providing 
    the sewage sludge.
        d. Indicate the class of pathogen reduction that is achieved before 
    sewage sludge leaves the facility that generates the sewage sludge.
        Options for meeting Class A pathogen reduction are listed at 
    Sec. 503.32(a). Options for meeting Class B pathogen reduction are 
    listed at Sec. 503.32(b).
        e. Provide a written description of any treatment processes used at 
    the facility providing the sewage sludge to reduce pathogens in the 
    sewage sludge, including, where applicable, how the treatment fulfills 
    one of the options for meeting Class A or Class B pathogen reduction. 
    You may attach existing documentation (e.g., technical or process 
    specifications) to meet this requirement.
        f. Indicate whether any of the vector attraction reduction options 
    1-8, (at Sec. 503.33(b) (1)-(8), respectively) are met at the facility 
    providing the sewage sludge. Options 1-8 are typically met at the point 
    of sewage sludge generation. Additional options are available, but 
    these are typically met at the point of disposal.
        You may select ``none or unknown'' only if option 9 (injection 
    below land surface), option 10 (incorporation into soil within six 
    hours), or option 11 (daily cover) is met at the point of disposal at 
    this active sewage sludge unit (see Section D.3.a).
        g. Provide a written description of any treatment processes used at 
    the facility providing the sewage sludge to reduce vector attraction 
    reduction characteristics of sewage sludge, including an indication of 
    how the treatment fulfills one of options 1-8 for vector attraction 
    reduction. You may attach existing documentation (e.g., technical or 
    process specifications) to meet this requirement.
        h. Provide a written description of any other treatment processes 
    at the facility providing the sewage sludge that are not described in 
    D.2.d-D.2.g. You may attach existing documentation (e.g., technical or 
    process specifications) to meet this requirement.
        D.3. Vector Attraction Reduction. Complete this section for each 
    active sewage sludge unit.
        a. Indicate whether any of vector attraction reduction options 9-11 
    (at Sec. 503.33(b) (9)-(11), respectively) are met when the sewage 
    sludge is placed on this active sewage sludge unit.
        Sewage sludge placed on an active sewage sludge unit must meet one 
    of vector attraction reduction options defined at Sec. 503.33(b) (1)-
    (11). Options 1-8 are typically met at the point of sewage sludge 
    generation (see Question D.2.f). Options 9-11 are typically met at the 
    point of disposal. 
    
    [[Page 62657]]
    
        b. Provide a written description of any treatment processes used at 
    the active sewage sludge unit to reduce vector attraction reduction 
    characteristics of sewage sludge, including an indication of how the 
    treatment fulfills one of options 9-11 for vector attraction reduction. 
    You may attach existing documentation (e.g., technical or process 
    specifications) to meet this requirement.
        D.4. Ground-Water Monitoring.
        Placement of sewage sludge on an active sewage sludge unit must not 
    contaminate an aquifer. Compliance must be demonstrated through either: 
    (1) the results of a ground-water monitoring program developed by a 
    qualified ground-water scientist, or (2) certification by a qualified 
    ground-water scientist that contamination has not occurred.
        Contaminate an aquifer means to introduce a substance that causes 
    the maximum contaminant level (MCL) for nitrate in 40 CFR 141.11 to be 
    exceeded in ground water, or that causes the existing concentration of 
    nitrate in ground water to increase when the existing concentration of 
    nitrate in the ground water exceeds the MCL for nitrate in 40 CFR 
    141.11.
        The MCL for nitrate is 10 milligrams/liter.
        This section solicits existing ground-water monitoring data and 
    other documentation to indicate the potential for contamination of an 
    aquifer at the active sewage sludge unit, and the capability of the 
    owner/operator of the surface disposal site to demonstrate that 
    contamination has not occurred.
        a. If ground-water monitoring is conducted for this active sewage 
    sludge unit, provide the following:
         Available ground-water monitoring data; and
         A written description of the well locations, approximate 
    depth to ground water, and the ground-water monitoring procedures used 
    to obtain these data (you may attach existing documentation to fulfill 
    this requirement).
        For purposes of this application, ground-water monitoring means the 
    installation and periodic sampling and analysis of small-diameter wells 
    in the aquifer below the base of the deepest active sewage sludge unit.
        b. If a ground-water monitoring program has been prepared for this 
    active sewage sludge unit (regardless of whether ground-water 
    monitoring is currently conducted), submit a copy of the program with 
    this permit application. The program should include the number, depth, 
    and location of all wells; the frequency and method of sampling; and 
    the parameters for which the ground water is tested.
        c. If you have obtained a certification from a qualified ground-
    water scientist that contamination of the aquifer below the active 
    sewage sludge unit has not occurred, submit a copy of the certification 
    with this permit application.
        A qualified ground-water scientist is an individual with a 
    baccalaureate or post-graduate degree in the natural sciences or 
    engineering who has sufficient training and experience in ground-water 
    hydrology and related fields, as may be demonstrated by State 
    registration, professional certification, or completion of accredited 
    university programs, to make sound professional judgments regarding 
    ground-water monitoring, pollutant fate and transport, and corrective 
    action.
        D.5. Site-Specific Limits. Indicate whether you are seeking site-
    specific pollutant limits in your permit for the sewage sludge placed 
    on this active sewage sludge unit.
        After August 18, 1993, you are allowed to seek site-specific 
    pollutant limits only for good cause, and must do so within 180 days of 
    becoming aware that good cause exists. If you request site-specific 
    pollutant limits with this permit application, you are required to 
    submit information supporting the request, including a demonstration 
    that existing values for site parameters specified by the permitting 
    authority differ from the values for those parameters used to develop 
    the pollutant limits in Table 1 of Sec. 503.23. You must also submit 
    follow-up information at the request of the permitting authority.
        If the permitting authority determines that site-specific pollutant 
    limits are appropriate, the permitting authority may specify site-
    specific limits in the permit as long as the existing concentrations of 
    the pollutants in the sewage sludge are not exceeded.
    
    Section E: Incineration
    
        Complete this section if you own or operate a sewage sludge 
    incinerator. If you own or operate more than one sewage sludge 
    incinerator, complete this section for each incinerator unit. Attach 
    additional pages as necessary.
        A sewage sludge incinerator is, by definition, a treatment works 
    treating domestic sewage, and the owner/operator of a sewage sludge 
    incinerator is required to submit a full permit application (i.e., Part 
    2 of Form 2S).
        E.1. Incinerator Identification.
        a. Provide the name or number of the sewage sludge incinerator 
    unit. The name or number is any designation commonly used to refer to 
    the unit. If the unit has been previously designated in another permit, 
    use that designation.
        b. Provide the physical location (street address) of the sewage 
    sludge incinerator. If the incinerator lacks a street address or route 
    number, provide the most accurate alternative geographic information 
    (e.g., township and range, section or quarter section number, nearby 
    highway intersection).
        E.2. Amount Fired. Provide the total dry metric tons of sewage 
    sludge (dry weight basis) fired in the sewage sludge incinerator unit 
    per 365-day period.
        E.3. Beryllium NESHAP.
        The firing of sewage sludge in a sewage sludge incinerator must not 
    violate the National Emission Standard (NESHAP) for beryllium as 
    established in Subpart C of 40 CFR Part 61. The beryllium NESHAP only 
    applies, however, to sewage sludge incinerators firing ``beryllium-
    containing waste.'' The beryllium NESHAP is 10 grams of beryllium in 
    the exit gas over a 24-hour period, unless the incinerator owner/
    operator has been approved to meet a 30-day average ambient 
    concentration limit on beryllium in the vicinity of the sewage sludge 
    incinerator of 0.01 g/m\3\. Complete this section to 
    demonstrate compliance with the beryllium NESHAP.
        a. Indicate whether sewage sludge fired in this sewage sludge 
    incinerator is beryllium-containing waste. Beryllium-containing waste 
    is material contaminated with beryllium or beryllium compounds used or 
    generated during any process or operation performed by one of several 
    sources.
        Submit information, test data, and a description of measures taken 
    that demonstrate whether the sewage sludge fired in this sewage sludge 
    incinerator is beryllium-containing waste, and will continue to remain 
    as such.
        b. If the sewage sludge fired in this sewage sludge incinerator is 
    beryllium-containing waste, submit a complete report of the latest 
    beryllium emission rate testing, as well as documentation of ongoing 
    incinerator operating parameters indicating that the NESHAP emission 
    rate limit for beryllium has been and will continue to be met.
        E.4. Mercury NESHAP.
        The firing of sewage sludge in a sewage sludge incinerator must not 
    violate the NESHAP for mercury as established in Subpart E of 40 CFR 
    Part 61. Complete this section to demonstrate compliance with the 
    mercury NESHAP.
        a. Indicate whether stack testing or sewage sludge sampling is 
    being used to demonstrate compliance with the mercury NESHAP. If stack 
    testing is 
    
    [[Page 62658]]
    used, complete E.4.b. below. If sewage sludge sampling is used, 
    complete E.4.c. below.
        b. Stack testing option. Stack testing must be conducted using 
    Method 101A in 40 CFR Part 61, Appendix B (``Determination of 
    Particulate and Gaseous Mercury Emissions from Sewage Sludge 
    Incinerators''). The total quantity of mercury emitted into the 
    atmosphere from all incinerators at a site must not exceed 3200 grams 
    over a 24-hour period.
        If stack testing is used, submit the following with this 
    application:
         A complete report of stack testing and documentation of 
    ongoing incinerator operating parameters indicating that the 
    incinerator has and will continue to meet the mercury NESHAP emission 
    rate limit.
         Copies of mercury emission rate tests for the two most 
    recent years in which testing was conducted.
        c. Sampling option. Sewage sludge must be sampled and analyzed 
    using Method 105 in 40 CFR Part 61 Appendix B (``Determination of 
    Mercury in Wastewater Treatment Plant Sewage Sludge''), and the mercury 
    emissions calculated using the following equation must not exceed 3200 
    grams over a 24-hour period:
    [GRAPHIC][TIFF OMITTED]TP06DE95.046
    
    where:
    
    EHg=mercury emissions, g/day
    M=mercury concentration in sewage sludge on a dry solids basis, in 
    micrograms/gram
    Q=sludge charging rate, in kg/day
    Fsm = weight fraction of solids in the collected sewage sludge 
    after mixing.
    
        If sewage sludge sampling is used, submit a complete report of 
    sewage sludge sampling and documentation of ongoing incinerator 
    operating parameters indicating that the incinerator has and will 
    continue to meet the mercury NESHAP emission rate limit.
        E.5. Dispersion Factor.
        a. Provide the dispersion factor, in micrograms/cubic meter/gram/
    second, for the sewage sludge incinerator.
        The dispersion factor is the ratio of the increase in the ground-
    level ambient air concentration for a pollutant at or beyond the 
    property line of the site where the sewage sludge incinerator is 
    located to the mass emission rate for the pollutant from the 
    incinerator stack. The dispersion factor is calculated individually by 
    each applicant based on the results of an air dispersion model 
    specified by the permitting authority.
        b. Provide the name and type of the air dispersion model used to 
    obtain the dispersion factor.
        Approved air dispersion models are listed in EPA's Guideline on Air 
    Quality Models and EPA's Support Center for Regulatory Air Models 
    (SCRAM) bulletin board. Unless a pre-existing modeling effort has been 
    used to calculate dispersion factor (and the results have been approved 
    by EPA), you should work closely with the permitting authority to 
    prepare a modeling protocol.
        c. Submit a copy of the modeling results and supporting 
    documentation with this application.
        E.6. Control Efficiency.
        a. Provide the control efficiency, in hundredths, for arsenic, 
    cadmium, chromium, lead, and nickel at this sewage sludge incinerator.
        Control efficiency is the mass of a pollutant in the sewage sludge 
    fed to an incinerator minus the mass of that pollutant in the exit gas 
    from the incinerator stack, divided by the mass of the pollutant in the 
    sewage sludge fed to the incinerator.
        b. Submit a copy of the results of performance testing and 
    supporting documentation, including testing dates.
        Control efficiency must be determined by a performance test, the 
    protocol for which must be approved by EPA.
        E.7. Risk Specific Concentration for Chromium. The risk specific 
    concentration (RSC) for arsenic, cadmium, chromium, and nickel is used 
    to calculate pollutant limits for these metals in the permit. With the 
    exception of chromium, the RSC for these metals is provided in Table 1 
    of Sec. 503.43. The RSC for chromium, however, may be determined in two 
    ways: (1) it may be located in Table 2 of Sec. 503.43 according to the 
    type of incinerator; or (2) it may be calculated based on the ratio of 
    hexavalent chromium to total chromium in the exhaust stack gas.
        a. Provide the RSC to be used in establishing a permit limit for 
    chromium, in micrograms per cubic meter.
        b. Specify whether the RSC was:
         Provided in Table 2 of Sec. 503.43; or
         Calculated, using Equation 6 in 40 CFR 503.43, based on 
    the ratio of hexavalent chromium to total chromium in the exhaust stack 
    gas.
        c. If the RSC was looked up in Table 2 of Sec. 503.43, identify 
    which category of incinerator type you used to obtain the RSC.
        d. If you calculated the RSC using Equation 6 in 40 CFR 503.43, 
    provide the decimal fraction of hexavalent chromium concentration to 
    total chromium concentration in the stack exit gas. Also submit the 
    results of incinerator stack tests for hexavalent and total chromium 
    concentrations, including date(s) of test.
        E.8. Operational Standard for Total Hydrocarbons (THC) or Carbon 
    Monoxide (CO).
        Total hydrocarbons (THC) means the organic compounds in the exit 
    gas from a sewage sludge incinerator stack, as measured using a flame 
    ionization detection instrument referenced to propane. Carbon monoxide 
    (CO) can be monitored instead of THC. The operational standard for THC 
    or CO requires that the THC or CO concentration in the exit gas be 
    corrected for zero percent moisture and to seven percent oxygen.
        a. Provide the raw value for the THC or CO concentration in stack 
    emissions, in parts per million (ppm). The raw value is the 
    concentration measured directly by the flame ionization detection 
    instrument.
        b. Provide the percent of moisture content in stack gas. This is 
    used to correct the raw THC or CO concentration value for zero percent 
    moisture.
        c. Provide percent oxygen concentration in stack gas (in dry 
    volume/dry volume). This is used, after correction of the THC or CO 
    concentration for zero percent moisture, to correct the THC or CO 
    concentration to seven percent oxygen.
        d. Provide the corrected value for the THC or CO concentration in 
    stack emissions, in ppm. The corrected value is the raw concentration, 
    corrected for zero percent moisture and to seven percent oxygen.
        The raw THC or CO value is first corrected for zero percent 
    moisture by multiplying by the following correction factor (from 40 CFR 
    503.44):
    [GRAPHIC][TIFF OMITTED]TP06DE95.047
    
    where X is the decimal fraction of the percent moisture in the sewage 
    sludge incinerator exit gas in hundredths.
    
        The dry value is then corrected to seven percent oxygen using the 
    correction factor determined according to the following equation:
    [GRAPHIC][TIFF OMITTED]TP06DE95.048
    
    where Y = percent oxygen concentration in the sewage sludge incinerator 
    stack exit gas (dry volume/dry volume).
    
        e. Submit documentation used to derive the raw THC or CO 
    
    [[Page 62659]]
        concentration, moisture content, oxygen concentration, and corrected 
    THC or CO concentration.
        E.9. Operating Parameters.
        a. Provide the type of sewage sludge incinerator--i.e., whether the 
    incinerator is multiple hearth, fluidized bed, flash drying, electric 
    furnace, or other.
        b. Provide with the application the following data on combustion 
    temperature: temperature data (including testing date(s)), a 
    description of temperature measurement and data recording and handling 
    systems, and a description of how such combustion temperature data have 
    been averaged.
        The permitting authority will use performance test data to specify 
    the maximum combustion temperature in the permit as a ``never to 
    exceed'' value. Regulated facilities must also install, calibrate, 
    operate, and maintain an instrument that measures and records 
    combustion temperatures continuously.
        c. Provide the sewage sludge feed rate in dry metric tons per day, 
    and indicate whether the average daily amount or the maximum design 
    capacity feed rate was used. Submit supporting documentation describing 
    how the feed rate was calculated.
        The average daily amount feed rate is the average daily amount of 
    sewage sludge fired in all sewage sludge incinerators within the 
    property line of the site where the sewage sludge incinerators are 
    located for the number of days in a 365-day period that each sewage 
    sludge incinerator operates.
        The maximum design capacity feed rate is the average daily design 
    capacity for all sewage sludge incinerators within the property line of 
    the site where the sewage sludge incinerators are located.
        The permitting authority will use the feed rate you report as the 
    basis for calculating pollutant limits and will include it as an 
    enforceable condition in the permit.
        d. Provide the incinerator stack height (in meters) for each stack, 
    and indicate whether actual or creditable stack height was used.
        The actual stack height is the difference between the elevation at 
    the top of the stack and the elevation of the ground at the base of the 
    stack, when the difference is equal to or less than 65 meters.
        The creditable stack height is used if the difference is greater 
    than 65 meters. This is determined in accordance with 40 CFR 
    51.100(ii).
        e. Submit information documenting the operating parameters for the 
    air pollution control device(s) used for this sewage sludge 
    incinerator.
        E.10. Monitoring Equipment. Provide a detailed list of the 
    equipment in place to monitor total hydrocarbons or carbon monoxide, 
    percent oxygen, moisture content, and combustion temperature. 
    Monitoring equipment includes, but is not limited to, thermocouples, 
    oxygen continuous emissions monitors, furnace temperature gauges, 
    sewage sludge and auxiliary fuel feed rate monitors, differential 
    pressure detectors, liquid or gas flow detectors, and air pollution 
    control devices.
        E.11. Air Pollution Control Equipment. Provide a list of the 
    equipment in place to control emissions from the sewage sludge 
    incinerator stack. Indicate the type and capacity for each piece of 
    equipment listed.
    [FR Doc. 95-28213 Filed 12-5-95; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Published:
12/06/1995
Department:
Environmental Protection Agency
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
95-28213
Dates:
In order to be considered, comments must be received on or before March 5, 1996.
Pages:
62546-62659 (114 pages)
Docket Numbers:
FRL-5328-9
PDF File:
95-28213.pdf
CFR: (30)
40 CFR 501.15(a)(2)
40 CFR 503.32(a)
40 CFR 503.32(a)
40 CFR 503.32(a)
40 CFR 501.15(a)(2)(x)
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