[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Notices]
[Pages 62456-62466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29742]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5340-4]
National Pollutant Discharge Elimination System (NPDES);
Preparation of Draft General Permit for the States of Maine,
Massachusetts, and New Hampshire
AGENCY: Environmental Protection Agency.
ACTION: Notice; Preparation of Draft NPDES General Permits--MAG070000,
MEG070000, and NHG070000.
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SUMMARY: The Regional Administrator of the six states of New England is
issuing Notice of a Draft National Pollutant Discharge Elimination
System (NPDES) General Permit for construction dewatering facilities in
certain waters of the States of Maine, Massachusetts, and New
Hampshire. This draft general NPDES Permit establishes notice of intent
(NOI) requirements, effluent limitations, standards, prohibitions and
management practices for the construction dewatering discharges.
Owners and/or operators of facilities discharging effluent from
construction dewatering facilities will be required to submit to EPA,
Region I, a notice of intent (NOI) to be covered by the appropriate
general permit and will receive a written notification from EPA of
permit coverage and authorization to discharge under the general
permit.
The draft permit is based on an administrative record available for
public review at Environmental Protection Agency, Region I, John F.
Kennedy Federal Building, CMA. Boston, Massachusetts 02203.
The following FACT SHEET AND SUPPLEMENTARY INFORMATION section sets
forth principal facts and the significant factual, legal, and policy
questions considered in the development of the draft permits.
DATES: For comment period: Interested persons may submit comments on
the draft general permits as part of the administrative record to the
Regional Administrator of the six states of New England at the address
given in the proceeding SUMMARY section no later than 30 days after the
date of publication of the draft general permit in the Federal
Register.
This general permit shall be effective when issued and will expire
five years from the effective date.
For Further Information And Copies of Draft General NPDES Permit:
Additional information concerning the draft permit may be obtained
between the hours of 9:00 a.m. and 4:00 p.m. Monday through Friday
excluding holidays from: Suprokash Sarker, Office of Ecosystem
Protection Massachusetts State Program, Environmental Protection
Agency, J.F.Kennedy Federal Building. Boston, Massachusetts 02203,
Telephone (617) 565-3573.
FACT SHEET AND SUPPLEMENTARY INFORMATION
I. Introduction
The Regional Administrator of the six states of New England is
issuing draft general permit for effluent discharges from construction
dewatering facilities to certain waters of the States of Maine,
Massachusetts, and New Hampshire. Appendix A contains the draft general
NPDES permit including Part II, Standard Conditions.
II. Coverage of General Permits
Section 301(a) of the Clean Water Act (the Act) provides that the
discharge of pollutants is unlawful except in accordance with a
National Pollutant Discharge Elimination System (NPDES) permit.
Although such permits to date have generally been issued to individual
discharges, EPA's regulations authorize the issuance of ``general
permits'' to categories of discharges. (See 40 CFR Sec. 122.28 48 FR
14146, April 1, l983). EPA may issue a single, general permit to a
category of point sources located within the same geographic area whose
permits warrant similar pollutant control measures.
The Director of an NPDES permit program is authorized to issue a
general permit if there are a number of point sources operating in a
geographic area that:
1. Involve the same or substantially similar types of operations;
2. Discharge the same types of wastes;
3. Require the same effluent limitations or operating conditions;
4. Require the same or similar monitoring requirements; and
5. In the opinion of the Regional Administrator, are more
appropriately controlled under a general permit than under individual
permits.
Violations of a condition of a general permit constitutes a
violation of the Clean Water Act and subjects the discharger to the
penalties in Section 309 of the Act.
Any owner or operator authorized by a general permit may be
excluded from coverage of a general permit by applying for an
individual permit. This request may be made by submitting a NPDES
permit application together with reasons supporting the request. The
Director may require any person authorized by a general permit to apply
for and obtain an individual permit. Any interested person may petition
the Director to take
[[Page 62457]]
this action. However, individual permits will not be issued for sources
discharging effluent from construction dewatering facility covered by
this general permit unless it can be clearly demonstrated that
inclusion under the general permit is inappropriate.
The Director may consider the issuance of individual permits when:
1. The discharge is a significant contributor of pollution;
2. The discharge is not in compliance with the terms and conditions
of the general permit;
3. A change has occurred in the availability of demonstrated
technology or practices for the control or abatement of pollutants
applicable to the point source;
4. Effluent limitations guidelines are subsequently promulgated for
the point sources covered by the general permit;
5. A Water Quality Management plan containing requirements
applicable to such point sources is approved; or
6. Circumstances have changed since the time of the request to be
covered so that the discharger is no longer appropriately controlled
under the general permit, or either a temporary or permanent reduction
or elimination of the authorized discharge is necessary;
In accordance with 40 CFR 122.28(b)(3)(iv), the applicability of
the general permit is automatically terminated on the effective date of
the individual permit.
Under this general permit, owners and operators of construction
dewatering sites in Massachusetts, Maine and New Hampshire may be
granted authorization to discharge groundwater and stormwater generated
wastewaters into waters of the respective States. Dewatering associated
with the construction of single family homes is not required to have a
permit. This permit does not authorize the discharge of stormwater
associated with construction sites which disturb greater than 5 acres
of land. These sites are required to have a separate NPDES permit for
stormwater discharges in accordance with 40 CFR 122.26s(b)(14)(x).
Authorization under the permit shall require prior submittal of certain
facility information. Upon receipt of all required information, the
permit issuing authority may allow or disallow coverage under the
general permit.
The following list shows the criteria which will be used in
evaluating whether or not an individual permit may be required instead
of a general permit.
1. Evaluation of wastewater samples for one whole effluent
toxicity-test or one priority pollutant scan if required by the States
and EPA.
2. Preservation of high quality waters and fisheries;
3. Facilities with an effluent discharge flow of over 100gpm
4. Production of effluent at the facility other than groundwater,
seepage, and stormwater run-off.
5. History of land use.
The similarity of the discharges has prompted EPA to prepare this
draft general permit for public review and comment. When issued, this
permit will enable facilities to maintain compliance with the Act and
will extend environmental and regulatory controls to a large number of
discharges and reduce some permit backlog. The issuance of this general
permit for the geographic areas described below is warranted by this
similarity of (a) environmental conditions. (b) State regulatory
requirements applicable to the discharges and receiving waters, and (c)
technology employed.
III. Conditions of the General NPDES Permit
A. Geographic Areas
Maine (Permit No. MEG070000)
All of the discharges to be authorized by the general NPDES permit
for the State of Maine from dischargers are limited to Class B,C,SB and
SC waters of the State, except lakes. The drainage areas must be more
than 10 square miles.
Massachusetts (Permit No. MAG070000)
All of the discharges to be authorized by the general NPDES permit
for the Commonwealth of Massachusetts dischargers are limited to Class
B, and SB waters as designated in Massachusetts Water Quality
Standards, 314 CMR 4.00 et seq. Discharges into Class A water needs
review and approval by MADEP.
New Hampshire (Permit No. NHG070000)
All of the discharges to be authorized by the general NPDES permit
for the State of New Hampshire dischargers are into all waters of the
State of New Hampshire unless otherwise restricted by the State Water
Quality Standards, New Hampshire RSA 485-A:8. (or as revised).
B. Notification by Permittees
Operators of facilities whose discharge, or discharges, are
described in Section II and whose facilities are located in the
geographic areas described in Section III. A. above may submit to the
Regional Administrator, of New England, and each State, a notice of
intent to be covered by the appropriate general permit. This written
notification must include the owner's or operator's legal name and
address; the facility name and address; the type of facilities to be
covered, the number of discharge points including the anticipated
duration, volume, and rate of discharge for each outfall; a topographic
map (or other map if a topographic map is not available) indicating the
facility locations; a description of any wastewater treatment; storage
of petroleum and chemicals on site; history of land use of the site;
and the names of the receiving waters into which discharge will occur.
In addition one Whole Effluent Toxicity (WET) test result and/or one
priority pollutant scan of the water to be discharged may be required,
on a case by case bases by the States and/or EPA. The whole effluent
toxicity test will consist of one chronic and modified acute toxicity
screening test with one hundred percent sample. The Cerio-daphnia dubia
for fresh water and sea-urchin for marine water shall be used as test
organism. A copy of the test procedure and detailed protocol will be
provided by EPA. The results of the chronic biological test (C-NOEC) or
the priority pollutant scan will be forwarded to the State and EPA when
required.
A determination is required as to whether or not the facility's
discharge will adversely affect a listed or proposed to be listed
endangered or threatened species or its critical habitat (see Part F).
The facilities authorized to discharge under a final general permit
will receive written notification from EPA within 30 days with State
concurrence where necessary upon receipt of the complete application
including necessary sampling data. Failure to respond by the State or
EPA within this period, the permit will be automatically effective
after 30 days of the complete notification.
C. Effluent Limitations
1. Statutory Requirements
The Clean Water Act (the Act) prohibits the discharge of pollutants
to waters of the United States without a National Pollutant Discharge
Elimination System (NPDES) permit unless such a discharge is otherwise
authorized by the Act. The NPDES Permit is the mechanism used to
implement technology and water quality based effluent limitations and
other requirements including monitoring and reporting. The NPDES permit
was developed in accordance with various
[[Page 62458]]
statutory and regulatory authorities established pursuant to the Act.
The regulations governing the EPA NPDES Permit program are generally
found at 40 CFR parts 122, 124, 125 and 136.
EPA is required to consider technology and water quality
requirements when developing permit limits. 40 CFR part 125 Subpart A
sets the criteria and standards that EPA must use to determine which
technology based requirements, requirements under Section 301(b) of the
Act and/or requirements established on a case-by-case basis under
section 402(a)(1) of the Act, should be included in the permit.
The Clean Water Act requires that all discharges, at a minimum,
must meet effluent limitations based on the technological capability of
dischargers to control pollutants in their discharge. Section
301(b)(1)(A) of the Act requires the application of Best Practicable
Control Technology Currently Available (BPT) with the statutory
deadline for compliance being July 1, 1977, unless otherwise authorized
by the Act. Section 301(b)(2) of the Act requires the application of
Best Conventional Control Technology (BCT) for conventional pollutants,
and Best Available Technology Economically Achievable (BAT) for non-
conventional and toxic pollutants. The compliance deadline for BCT and
BAT being March 31, 1980.
2. Technology-Based Effluent Limitations
EPA has not promulgated National Effluent Guidelines for
construction dewatering facilities. For a category where Guidelines
have been promulgated, the issuance of an individual permit for the
discharges would be more appropriate (See 40 CFR 122.28(b)(3)(i)(C)).
Therefore, as provided in Section 402(a)(1) of the Act, EPA has
determined to issue this general permit utilizing Best Professional
Judgement (BPT) to meet the above stated criteria for BAT/BCT described
in Section 304(b) of the Act. Accordingly monthly average and maximum
daily Total Suspended Solids (TSS) limitation are established based
upon best professional judgement pursuant to Section 402(a)(1) of the
CWA.
3. Water Quality Based Effluent Limitations
Under Section 301(b)(1)(C) of the Act, discharges are subject to
effluent limitations based on water quality standards and to the
conditions of State certification under Section 401 of the Act.
Receiving stream requirements are established according to numerical
and narrative standards adopted under state and/or federal law for each
stream use classification. The CWA requires that EPA obtain State
certification which states that all water quality standards will be
satisfied. Regulations governing State certification are set forth in
40 CFR 124.53 and 124.55.
Section 101(a)(3) of the Act specifically prohibits the discharge
of toxic pollutants in toxic amounts. The States of Maine,
Massachusetts, and New Hampshire have similar narrative criteria in
their water quality regulations (See Maine Title 38, Article 4-A,
section 420 and section 464.4.A.(4); Massachusetts 314 CMR 4.05(5)(e);
and New Hampshire Part Env-Ws 432.02(c)(4) that prohibits such
discharges). The permit does not allow for the addition of materials or
chemicals in amounts which would produce a toxic effect to any aquatic
life.
The effluent from the construction dewatering facilities may
contain toxic pollutants and oil and grease in the underground water
and stormwater run-off. Water Quality Standards and State certification
requirements applicable to these discharges have been reviewed by EPA.
D. Antidegradation Provisions
The conditions of the permit reflect the goal of the CWA and EPA to
achieve and maintain water quality standards. The environmental
regulations pertaining to the State Antidegradation Policies which
protect the State's surface waters from falling below State standards
for water quality are found in the following provisions: Maine Title
38, Article 4-A, Section 464.4.F.; Massachusetts Water Quality
Standards 314 CMR 4.04 Antidegradation Provisions; and New Hampshire
policy RSA 485-A;8, VI Part Env-Ws 437.01 and Env-Ws 437.02.
Compliance with the antidegradation provisions of this general
permit for class B,C, SB, and SC for the State of Maine, Class B and SB
for Massachusetts and all waters of New Hampshire unless otherwise
restricted by the State Water Quality Standards, are expected to result
in insignificant effect to the receiving water. No further
antidegradation review will be required. For the State of Massachusetts
discharges in the Class A water needs antidegration review.
E. Monitoring and Reporting Requirements
Effluent limitations and monitoring requirements are included in
the general permit describing requirements to be imposed on facilities
to be covered.
Facilities covered by the final general permits will be required to
prepare a Discharge Monitoring Report containing effluent data and
shall be kept on site in a secured place.
The monitoring requirements have been established to yield data
representative of the discharge under authority of Section 308(a) of
the Act and 40 CFR 122.41(j), 122.44(i) and 122.48, and as certified by
the State.
F. Endangered Species
Discharges that may adversely affect a listed or proposed to be
listed endangered or threatened species or its critical habitat are not
authorized under this general permit without the written approval of
the Fish and Wildlife Service and/or the National Marine Fisheries
Service.
The Fish and Wildlife Service has indicated that the dwarf wedge
mussel (Alsmidonta heterodon), a Federally listed endangered species,
occurs in a stretch of the Connecticut River from Lebanon, New
Hampshire to Weathersfield Bow, Vermont, in the Ashuelot River in
Keene, New Hampshire and historically from a number of rivers in
Massachusetts, Any facility whose discharge may adversely effect the
mussel or any other threatened or endangered species or its habitat is
required to contact the Fish and Wildlife Service at the following
address in order to make a formal determination: United States
Department of the Interior, Fish and Wildlife Service, 400 Ralph Pill
Marketplace, 22 Bridge Street, Concord, New Hampshire 03301-4901.
The National Marine Fisheries Service has indicated that the
endangered shortnose sturgeon (Acipenser breviirostrum) inhabits
certain sections of the Penobscot, Kennebec and Androscoggin Rivers in
Maine, and the Merrimack and Connecticut Rivers in Massachusetts. Any
facility whose discharge may adversely effect the sturgeon, or any
other threatened or endangered species or its habitat, is required to
contact the national Marine Fisheries Service at the following address:
United States Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service, Habitat and
Protected Resources Division, One Blackburn Drive, Gloucester,
Massachusetts 01903-2298.
G. Other Requirements
The remaining conditions of the permit are based on the NPDES
regulations 40 CFR Parts 122 through 125 and consist primarily of
[[Page 62459]]
management requirements common to all permits.
IV. State Certification
Section 401 of the CWA provides that no Federal license or permit,
including NPDES permits, to conduct any activity that may result in any
discharge into navigable waters shall be granted until the State in
which the discharge originates certifies that the discharge will comply
with the applicable provisions of sections 301, 302, 303, 306, and 307
of the CWA. The section 401 certification is under process for all
States. In addition the State of Massachusetts and EPA jointly issue
the final permit.
V. Administrative Aspects
A. Request To Be Covered
A facility is not covered by any of these general permits until it
meets the following requirements. First, it must send a notice of
intent to EPA and the appropriate State indicating it meets the
requirements of the permit and wants to be covered. And second, it must
be notified in writing by EPA that it is covered by this general
permit.
Any facility operating under any effective individual NPDES permit
may request that the individual permit be revoked and that coverage
under the general permit granted, as outlined in 40 CFR
122.28(b)(3)(v). If EPA grants coverage under the general permit, EPA
will so notify the facility and revoke the individual permit.
Facilities with expired individual permits that have been
administratively continued in accordance with Sec. 122.6, may apply for
coverage under this general permit. When coverage is granted, the
expired individual permit automatically will cease being in effect.
B. The Coastal Zone Management Act
The Coastal Zone Management Act (CZMA), 16 U.S.C. 1451 et seq., and
its implementing regulations [15 CFR Part 930] requires that any
federally licensed activity affecting the coastal zone with an approved
Coastal Zone Management Program (CZMP) be determined to be consistent
with the CZMP. EPA, New England Region, has determined that these
general NPDES permits are consistent with the CZMP. EPA has sent copies
of the draft general NPDES permits to the Massachusetts, Maine, and New
Hampshire coastal zone agencies for a determination that they are
consistent with their respective State policies.
C. The Endangered Species Act
EPA, New England Region, has concluded that the discharges to be
covered by the general NPDES permits will not affect or jeopardize the
continued existence of any endangered or threatened species or
adversely affect its critical habitat. The U.S. Fish and Wildlife
Service and the National Marine Fisheries Service have been forwarded
copies of the draft general NPDES permits for concurrence.
D. Environmental Impact Statement Requirements
The general permits do not authorize the construction of any water
resources project or the impoundment of any water body or have any
effect on historical property, and are not major Federal activities
needing preparation of any Environmental Impact Statement. Therefore,
the Wild and Scenic Rivers Act, 16 U.S.C. 1273 et seq., the National
Historic Preservation Act of 1966, 16 U.S.C 470 et seq., the Fish and
Wildlife Coordination Act, 16 U.S.C. 661 et seq., and the National
Environmental Policy Act, 33 U.S.C. 4321 et seq., do not apply to the
issuance of this general NPDES permit.
E. This Permit Does Not Constitute Authorization Under 33 U.S.C. 1344
(Section 404 of the Clean Water Act) of any Stream Dredging or Filling
Operation.
VI. Other Legal Requirements
A. Economic Impact (Executive Order 12291)
EPA has reviewed the effect of Executive Order 12291 on this draft
general permit and has determined that it is not a major rule under
that order. This regulation was submitted previously to the Office of
Management and Budget for review as required by Executive Order 12291.
The Office of Management and Budget has exempted this action from the
review requirements of Executive Order 12291 pursuant to Section 8(b)
of that Order.
B. Paperwork Reduction Act
EPA has reviewed the requirements imposed on regulated facilities
by these draft general NPDES permits under the Paperwork Reduction Act
of 1980, 44 U.S.C. 3501 et. seq. The information collection
requirements of these draft permits have already been approved by the
Office of Management and Budget under submissions made for the NPDES
permit program under the provisions of the Clean Water Act. No comments
from the Office of Management and Budget or the public were received on
the information collection requirements in these permits.
C. The Regulatory Flexibility Act
After review of the facts presented in the notice printed above, I
hereby certify, pursuant to the provisions of 5 U.S.C. 605(b), that
this permit does not have a significant impact on a substantial number
of small entities. Moreover, the draft permit will reduce a significant
administrative burden on regulated sources.
Dated: November 22, 1995.
John P. DeVillars,
Regional Administrator.
Appendix A--Draft General Permit Under the National Pollutant Discharge
Elimination System (NPDES)
Note: The Following general NPDES permit is a combination of
three permits for purposes of this Federal Register notice in order
to eliminate duplication of material common to all permits for the
individual states.
1. Massachusetts, Maine and New Hampshire General Permit.
In compliance with the provisions of the Federal Clean Water Act,
as amended, (33 U.S.C. 1251 et seq. the ``CWA'') operators of
facilities may discharge groundwater and stormwater from construction
dewatering facilities into waters of the respective states in
accordance with effluent limitations, monitoring requirements and other
conditions set forth herein. This permit does not authorize to
discharge stormwater associated with Industrial activities from
construction sites which disturb greater than 5 acres of land [40 CFR
122.26(b)(14)(x)].
This permit shall become effective when issued.
This permit and the authorization to discharge expire at midnight,
five years from the effective date of the Federal Register Publication.
This permit consists of Part I below including effluent
limitations, monitoring requirements etc. and Part II General
Requirements.
Operators of facilities within the general permit area who fail to
notify the Director of their intent to be covered by this general
permit and receive no written notification of permit coverage or those
who are denied by the Director are not authorized under this general
permit to discharge from those facilities to the receiving waters.
Signed this ______ day of ______ David A. Fierra Director, Office
of Ecosystem Protection, Environmental Protection Agency, Region I,
Boston, Massachusetts.
Andrew Gottlieb, Director, Office of Watershed Management,
Department of Environmental Protection,
[[Page 62460]]
Commonwealth of Massachusetts, Boston, MA.
Part I
A. Effluent Limitations and Monitoring Requirements
1. During the period beginning effective date and lasting through
expiration, the permittee is authorized to discharge from each outfall
effluent from construction dewatering facilities to the receiving
waters of the respective States.
a. Such discharges shall be limited and monitored by the permittee
as specified below:
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Discharge limitations Monitoring requirements measurement\2\
Effluent characteristic -------------------------------------------------------------------------------
Average monthly Maximum daily Frequency Sample type
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Flow (MGD)...................... Report............ .................. 1/week............ Instantaneous or
continuous.
TSS (mg/l)...................... 50................ 100............... 1/week............ Grab.
Oil and Grease (mg/l)\1\........ See note A.1.h.... .................. 1/week............ Grab.
pH\1\........................... See Note A 1.g.... .................. 1/week............ Grab.
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\1\Requirement for the State Certification.
\2\Samples shall be taken only when discharging.
b. Massachusetts and Maine.
The discharge shall not cause objectionable discoloration of the
receiving waters.
New Hampshire
The discharge shall not cause any discoloration of Class A
receiving waters or any visible and objectionable discoloration of
Class B receiving waters.
C. There shall be no discharge of floating solids or visible foam.
The discharge shall be adequately treated to insure that the effluent
remains free from pollutants in concentrations or combinations that
settle to form harmful deposits, float as foam, debris, scum or other
visible pollutants. In addition for the State of New Hampshire the
discharge shall not cause the naturally occurring turbidity in Class A
receiving waters to change or cause the naturally occurring turbity in
Class B waters to be increased by more than 10 NTU.
d. The effluent limitations are based on the state water quality
standard and are certified by the states.
e. Samples taken in compliance with the monitoring requirements
specified above shall be taken at the point of discharge.
f. All discharges as designated in Section II of Supplementary
Information shall pass through settling basins or interceptor
structures or other approved treatment system and meet the effluent
limitations in Part I.A.1.a. prior to discharge to waters of the
states.
g. pH.
Massachusetts
The pH of the effluent shall not be less than nor greater than the
range given for the receiving water classifications, unless these
values are exceeded due to natural causes. The following table
specifies ranges for Massachusetts:
------------------------------------------------------------------------
Classification Range
------------------------------------------------------------------------
B............................................................. 6.5-8.3
SB............................................................ 6.5-8.5
------------------------------------------------------------------------
Maine
The pH range in both freshwater and saltwater is 6.0 to 8.5 su.
unless establishes on a case-by-case basis (By State Policy).
New Hampshire
The pH of the effluent shall not be less than 6.5 standard units
(su) nor greater than 8.0 su at any time unless these values are
exceeded due to natural causes.
h. Sampling for oil and grease should only be required if a
periodic inspection of the discharge indicates the presence of a
visible sheen.
i. A discharge structure shall be constructed if necessary to
protect the erosion of the bank of the water body.
B. Monitoring and Reporting
Maine, Massachusetts and New Hampshire
Monitoring results obtained during the previous month shall be
summarized on separate Discharge Monitoring Report Form(s) and shall be
kept on-site in a secured place. The reports should be readily
available for review at any time during the working hours by the EPA
and State Officials.
The following are the EPA and state addresses for any notification
and communication.
a. Planning and Administrative Unit, Office of Environmental
Stewardship, Environmental Protection Agency, Post Office Box 8127,
Boston, MA 02114.
b. Massachusetts Division of Water Pollution Control
(1) The Regional offices:
Massachusetts Department of Environmental Protection, Massachusetts
Division of Water Pollution Control, Western Regional Office, 436
Dwight St., Suite 402 Springfield, MA 01101.
Massachusetts Department of Environmental Protection, Massachusetts
Division of Water.
Pollution Control, Southeastern Regional Office, 20 Riverside Drive
Lakeville, MA 02346.
Massachusetts Department of Environmental Protection Massachusetts
Division of Water Pollution Control, Northeastern Regional Office, 10
Commerce Way, Woburn, MA 01801.
Massachusetts Department of Environmental Protection, Massachusetts
Division of Water Pollution Control, Central Regional Office, 75 Grove
Street, Worcester, Massachusetts 01605.
(2) Massachusetts Department of Environmental Protection, Office of
Watershed Management, 40 Institute Road, North Grafton, MA 01536.
c. Maine Department of Environmental Protection.
State of Maine Department of Environmental Protection, Operation
and Maintenance Division, State House, Station 17. Augusta, ME 04333.
d. New Hampshire Department of Environmental Services.
New Hampshire Department of Environmental Services, Water Supply
and Pollution Control Division, Permits and Compliance Section; P.O.
Box 95, Concord, New Hampshire 03302-0095.
C. Additional General Permit Conditions
1. Notification Requirements
a. Written notification of commencement of operations including the
legal names and addresses of the owners and operator and the locations,
number and type of facilities and/or operations covered shall be
submitted.
[[Page 62461]]
(1) For existing discharges within 180 days after the effective
date of this permit, by operators whose facilities and/or operations
are discharging into the general permit area on the effective date of
the permit; or
(2) For new or substantially increased discharges 30 days prior to
commencement of the discharge by operators whose facilities and/or
operations commence discharge subsequent to the effective date of this
permit.
b. Operators of facilities and/or operations within the general
permits area who fail to notify the Director of their intent to be
covered by this general permit and do not obtain written authorization
of coverage are not authorized under this general permit to discharge
from those facilities into the named receiving waters.
2. Termination of Operations
Operators of facilities and/or operators authorized under this
permit shall notify the Director upon the termination of discharges.
The notice must contain the name, mailing address, and location of the
facility for which the notification is submitted, the NPDES permit
number for the water treatment facility discharge identified by the
notice, and an indication of whether the operator of the discharge has
changed. The notice must be signed in accordance with the signatory
requirements of 40 CFR Sec. 122.22.
3. Renotification
Upon reissuance of a new general permit, the permittee is required
to notify the Director of the intent to be covered by the new general
permit.
4. When the Director May Require Application for an Individual NPDES
Permit
a. The Director may require any person authorized by this permit to
apply for and obtain an individual NPDES permit. Any interested person
may petition the Director to take such action. Instances where an
individual permit may be required include the following:
(1) The discharge(s) is a significant contributor of pollution:
(2) The discharger is not in compliance with the conditions of this
permit;
(3) A change has occurred in the availability of the demonstrated
technology of practices for the control or abatement of pollutants
applicable to the point source;
(4) Effluent limitation guidelines are promulgated for point
sources covered by this permit;
(5) A Water Quality Management Plan containing requirements
applicable to such point source is approved; or
(6) The point source(s) covered by this permit no longer:
(a) Involves the same volume or substantially similar types of
operations;
(b) Discharges the same type of wastes;
(c) Requires the same effluent limitations or operating conditions;
(d) Requires the same or similar monitoring and
(e) In the opinion of the Director is more appropriately controlled
under a general permit than under an individual NPDES permit.
b. The Director may require an individual permit only if the
permittee authorized by the general permit has been notified in writing
that an individual permit is required, and has been given a brief
explanation of the reasons for this decision.
5. When an Individual NPDES Permit is issued to an operator
otherwise subject to this general permit, the applicability of this
permit to that owner or operator is automatically terminated on the
effective date of the individual permit.
Part II, Standard Conditions
Section A. General Requirements
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any
permit noncompliance constitutes a violation of the Clean Water Act and
is grounds for enforcement action; for permit termination, revocation
and reissuance, or modification; or for denial of a permit renewal
application.
a. The permittee shall comply with effluent standards or
prohibitions established under Section 307(a) of the CWA for toxic
pollutants and with standards for sewage sludge use or disposal
established under Section 405 (d) of the CWA within the time provided
in the regulations that establish these standards or prohibitions, even
if the permit has not yet been modified to incorporate the requirement.
b. The CWA provides that any person who violates Sections 301, 302,
306, 307, 308, 318, or 405 of the CWA or any permit condition or
limitation implementing any of such sections in a permit issued under
Section 402, or any requirement imposed in a pretreatment program
approved under Sections 402(a)(3) or 402(b)(8) of the CWA is subject to
a civil penalty not to exceed $25,000 per day for each violation. Any
person who negligently violates such requirements is subject to a fine
of not less than $2,500 nor more than $25,000 per day of violation, or
by imprisonment for not more than 1 year, or both. Any person who
knowingly violates such requirements is subject to a fine of not less
than $5,000 nor more than $50,000 per day of violation, or by
imprisonment for not more than 3 years, or both. Note: See 40 CFR
Sec. 122.41(a)(2) for additional enforcement criteria.
c. Any person may be assessed an administrative penalty by the
Administrator for violating Sections 301, 302, 306, 307, 308, 318, or
405 of the CWA, or any permit condition or limitation implementing any
of such sections in a permit issued under Section 402 of the CWA.
Administrative penalties for Class I violations are not to exceed
$10,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $25,000. Penalties for Class II violations are
not to exceed $10,000 per day for each day during which the violation
continues, with the maximum amount of any Class II penalty not to
exceed $125,000.
2. Permit Actions
This permit may be modified, revoked and reissued, or terminated
for cause. The filing of a request by the permittee for a permit
modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not
stay any permit condition.
3. Duty to Provide Information
The permittee shall furnish to the Regional Administrator, within a
reasonable time, any information which the Regional Administrator may
request to determine whether cause exists for modifying, revoking and
reissuing, or terminating this permit, or to determine compliance with
this permit. The permittee shall also furnish to the Regional
Administrator, upon request, copies of records required to be kept by
this permit.
4. Reopener Clause
The Regional Administrator reserves the right to make appropriate
revisions to this permit in order to establish any appropriate effluent
limitations, schedules of compliance, or other provisions which may be
authorized under the CWA in order to bring all discharges into
compliance with the CWA.
5. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or
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penalties to which the permittee is or may be subject under Section 311
of the CWA, or Section 106 of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (CERCLA).
6. Property Rights
The issuance of this permit does not convey any property rights of
any sort, nor any exclusive privileges.
7. Confidentiality of Information
a. In accordance with 40 CFR Part 2, any information submitted to
EPA pursuant to these regulations may be claimed as confidential by the
submitter. Any such claim must be asserted at the time of submission in
the manner prescribed on the application form or instructions or, in
the case of other submissions, by stamping the words ``confidential
business information'' on each page containing such information. If no
claim is made at the time of submission, EPA may make the information
available to the public without further notice. If a claim is asserted,
the information will be treated in accordance with the procedures in 40
CFR Part 2 (Public Information).
b. Claims of confidentiality for the following information will be
denied:
(i) The name and address of any permit applicant or permittee;
(ii) Permit applications, permits, and effluent data as defined in
40 CFR Sec. 2.302(a)(2).
c. Information required by NPDES application forms provided by the
Regional Administrator under Sec. 122.21 may not be claimed
confidential. This includes information submitted on the forms
themselves and any attachments used to supply information required by
the forms.
8. Duty to Reapply
If the permittee wishes to continue an activity regulated by this
permit after its expiration date, the permittee must apply for and
obtain a new permit. The permittee shall submit a new application at
least l80 days before the expiration date of the existing permit,
unless permission for a later date has been granted by the Regional
Administrator. (The Regional Administrator shall not grant permission
for applications to be submitted later than the expiration date of the
existing permit.)
9. State Authorities
Nothing in Part 122, 123, or 124 precludes more stringent State
regulation of any activity covered by these regulations, whether or not
under an approved State program.
10. Other Laws
The issuance of a permit does not authorize any injury to persons
or property or invasion of other private rights, nor does it relieve
the permittee of its obligation to comply with any other applicable
Federal, State, and local laws and regulations.
Section B. Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit and with the requirements
of storm water pollution prevention plans. Proper operation and
maintenance also includes adequate laboratory controls and appropriate
quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems only when the
operation is necessary to achieve compliance with the conditions of the
permit.
2. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this
permit.
3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or
prevent any discharge or sludge use or disposal in violation of this
permit which has a reasonable likelihood of adversely affecting human
health or the environment.
4. Bypass
a. Definitions.
(1) ``Bypass'' means the intentional diversion of waste streams
from any portion of a treatment facility.
(2) ``Severe property damage'' means substantial physical damage to
property, damage to the treatment facilities which causes them to
become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic loss caused by
delays in production.
b. Bypass not exceeding limitations. The permittee may allow any
bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure
efficient operation. These bypasses are not subject to the provisions
of Paragraphs B.4.c and 4.d of this section.
c. Notice.
(1) Anticipated bypass.
If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the
date of the bypass.
(2) Unanticipated bypass.
The permittee shall submit notice of an unanticipated bypass as
required in Paragraph D.1.e (24-hour notice).
d. Prohibition of bypass.
(1) Bypass is prohibited, and the Regional Administrator may take
enforcement action against a permittee for bypass, unless:
(a) Bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
(b) There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up equipment should have
been installed in the exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(c)(i) The permittee submitted notices as required under Paragraph
4.c of this section.
(ii) The Regional Administrator may approve an anticipated bypass,
after considering its adverse effects, if the Regional Administrator
determines that it will meet the three conditions listed above in
Paragraph 4.d of this section.
5. Upset
a. Definition. ``Upset'' means an exceptional incident in which
there is unintentional and temporary non-compliance with technology-
based permit effluent limitations because of factors beyond the
reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment facilities, lack of
preventive maintenance, or careless or improper operation.
b. Effect of an upset. An upset constitutes an affirmative defense
to an action brought for noncompliance with such technology-based
permit effluent limitations if the requirements of Paragraph B.5.c of
this section are met. No determination made during administrative
review of claims that noncompliance was caused by upset, and before an
action for noncompliance,
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is final administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset. A permittee
who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs,
or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the
cause(s) of the upset;
(2) The permitted facility was at the time being properly operated;
(3) The permittee submitted notice of the upset as required in
Paragraphs D.1.a and 1.e (24-hour notice); and
(4) The permittee complied with any remedial measures required
under B.3. above.
d. Burden of proof. In any enforcement proceeding the permittee
seeking to establish the occurrence of an upset has the burden of
proof.
Section C. Monitoring and Records
1. Monitoring and Records
a. Samples and measurements taken for the purpose of monitoring
shall be representative of the monitored activity.
b. Except for records of monitoring information required by this
permit related to the permittee's sewage sludge use and disposal
activities, which shall be retained for a period of at least five years
(or longer as required by 40 CFR Part 503), the permittee shall retain
records of all monitoring information, including all calibration and
maintenance records and all original strip chart recordings for
continuous monitoring instrumentation, copies of all reports required
by this permit, and records of all data used to complete the
application for this permit, for a period of at least 3 years from the
date of the sample, measurement, report or application except for the
information concerning storm water discharges which must be retained
for a total of 6 years. This retention period may be extended by
request of the Regional Administrator at any time.
c. Records of monitoring information shall include:
(1) The date, exact place, and time of sampling or measurements;
(2) The individual(s) who performed the sampling or measurements;
(3) The date(s) analyses were performed;
(4) The individual(s) who performed the analyses;
(5) The analytical techniques or methods used; and
(6) The results of such analyses.
d. Monitoring results must be conducted according to test
procedures approved under 40 CFR Part 136 or, in the case of sludge use
or disposal, approved under 40 CFR Part 136 unless otherwise specified
in 40 CFR Part 503, unless other test procedures have been specified in
the permit.
e. The Clean Water Act provides that any person who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device or
method required to be maintained under this permit shall, upon
conviction, be punished by a fine of not more than $10,000, or by
imprisonment for not more than 2 years, or both. If a conviction of a
person is for a violation committed after a first conviction of such
person under this paragraph, punishment is a fine of not more than
$20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
2. Inspection and Entry
The permittee shall allow the Regional Administrator, or an
authorized representative (including an authorized contractor acting as
a representative of the Administrator), upon presentation of
credentials and other documents as may be required by law, to:
a. Enter upon the permittee's premises where a regulated facility
or activity is located or conducted, or where records must be kept
under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that
must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including
monitoring and control equipment), practices, or operations regulated
or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of
assuring permit compliance or as otherwise authorized by the Clean
Water Act, any substances or parameters at any location.
Section D. Reporting Requirements
1. Reporting Requirements
a. Planned changes. The permittee shall give notice to the Regional
Administrator as soon as possible of any planned physical alterations
or additions to the permitted facility. Notice is required only when:
(1) The alteration or addition to a permitted facility may meet one
of the criteria for determining whether a facility is a new source in
40 CFR 122.29(b); or
(2) The alteration or addition could significantly change the
nature or increase the quantity of pollutants discharged. This
notification applies to pollutants which are subject to the effluent
limitations in the permit, nor to the notification requirements under
40 CFR 122.42(a)(1).
(3) The alteration or addition results in a significant change in
the permittee's sludge use or disposal practices, and such alteration,
addition or change may justify the application of permit conditions
different from or absent in the existing permit, including notification
of additional use or disposal sites not reported during the permit
application process or not reported pursuant to an approved land
application plan.
b. Anticipated noncompliance. The permittee shall give advance
notice to the Regional Administrator of any planned changes in the
permitted facility or activity which may result in noncompliance with
permit requirements.
c. Transfers. This permit is not transferable to any person except
after notice to the Regional Administrator. The Regional Administrator
may require modification or revocation and reissuance of the permit to
change the name of the permittee and incorporate such other
requirements as may be necessary under the Clean Water Act. (See
Sec. 122.61; in some cases, modification or revocation and reissuance
is mandatory.)
d. Monitoring reports. Monitoring results shall be reported at the
intervals specified elsewhere in this permit.
(1) Monitoring results must be reported on a Discharge Monitoring
Report (DMR) or forms provided or specified by the Regional
Administrator for reporting results of monitoring of sludge use or
disposal practices.
(2) If the permittee monitors any pollutant more frequently than
required by the permit using test procedures approved under 40 CFR Part
136 or, in the case of sludge use or disposal, approved under 40 CFR
Part 136 unless otherwise specified in 40 CFR Part 503, or as specified
in the permit, the results of this monitoring shall be included in the
calculation and reporting of the data submitted in the DMR or sludge
reporting form specified by the Regional Administrator.
(3) Calculations for all limitations which require averaging of
measurements shall utilize an arithmetic mean unless otherwise
specified by the Regional Administrator in the permit.
e. Twenty-four hour reporting
(1) The permittee shall report any noncompliance which may endanger
health or the environment. Any
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information shall be provided orally within 24 hours from the time the
permittee becomes aware of the circumstances.
A written submission shall also be provided within 5 days of the
time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the
noncompliance and its cause; the period of noncompliance, including
exact dates and times, and if the noncompliance has not been corrected,
the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance.
(2) The following shall be included as information which must be
reported within 24 hours under this paragraph.
(a) Any unanticipated bypass which exceeds any effluent limitation
in the permit. (See Sec. 122.41(g))
(b) Any upset which exceeds any effluent limitation in the permit.
(c) Violation of a maximum daily discharge limitation for any of
the pollutants listed by the Regional Administrator in the permit to be
reported within 24 hours. (See Sec. 122.44(g))
(3) The Regional Administrator may waive the written report on a
case-by-case basis for reports under Paragraph D.1.e if the oral report
has been received within 24 hours.
f. Compliance Schedules. Reports of compliance or noncompliance
with, or any progress reports on, interim and final requirements
contained in any compliance schedule of this permit shall be submitted
no later than 14 days following each schedule date.
g. Other noncompliance. The permittee shall report all instances of
noncompliance not reported under Paragraphs D.1.d, D.1.e and D.1.f of
this section, at the time monitoring reports are submitted. The reports
shall contain the information listed in Paragraph D.1.e of this
section.
h. Other information. Where the permittee becomes aware that it
failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or in any
report to the Regional Administrator, it shall promptly submit such
facts or information.
2. Signatory Requirement
a. All applications, reports, or information submitted to the
Regional Administrator shall be signed and certified. (See Sec. 122.22)
b. The CWA provides that any person who knowingly makes any false
statement, representation, or certification in any record or other
document submitted or required to be maintained under this permit,
including monitoring reports or reports of compliance or non-compliance
shall, upon conviction, be punished by a fine of not more than $10,000
per violation, or by imprisonment for not more than 6 months per
violation, or by both.
3. Availability of Reports
Except for data determined to be confidential under Paragraph A.8.
above, all reports prepared in accordance with the terms of this permit
shall be available for public inspection at the offices of the State
water pollution control agency and the Regional Administrator. As
required by the CWA, effluent data shall not be considered
confidential. Knowingly making any false statement on any such report
may result in the imposition of criminal penalties as provided for in
Section 309 of the CWA.
Section E. Other Conditions
1. Definitions for purposes of this permit are as follows:
Administrator means the Administrator of the United States
Environmental Protection Agency, or an authorized representative.
Applicable standards and limitations means all State, interstate,
and Federal standards and limitations to which a ``discharge'' or a
related activity is subject to, including water quality standards,
standards of performance, toxic effluent standards or prohibitions,
``best management practices,'' and pretreatment standards under
sections 301, 302, 303, 304, 306, 307, 308, 403, and 405 of CWA.
Application means the EPA standard national forms for applying for
a permit, including any additions, revisions or modifications to the
forms; or forms approved by EPA for use in ``approved States,''
including any approved modifications or revisions.
Average. The arithmetic mean of values taken at the frequency
required for each parameter over the specified period. For total and/or
fecal coliforms, the average shall be the geometric mean.
Average monthly discharge limitation means the highest allowable
average of ``daily discharges'' over a calendar month, calculated as
the sum of all daily discharges measured during a calendar month
divided by the number of daily discharges measured during that month.
Average weekly discharge limitation means the highest allowable
average of ``daily discharges'' over a calendar week, calculated as the
sum of all daily discharges measured during a calendar week divided by
the number of daily discharges measured during that week.
Best Management Practices (BMPs) means schedules of activities,
prohibitions of practices, maintenance procedures, and other management
practices to prevent or reduce the pollution of ``waters of the United
States.'' BMPs also include treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or
leaks, sludge or waste disposal, or drainage from raw material storage.
Best Professional Judgement (BPJ) means a case-by-case
determination of Best Practicable Treatment (BPT), Best Available
Treatment (BAT) or other appropriate standard based on an evaluation of
the available technology to achieve a particular pollutant reduction.
Composite Sample--A sample consisting of a minimum of eight grab
samples collected at equal intervals during a 24-hour period (or lesser
period as specified in the section on Monitoring and Reporting) and
combined proportional to flow, or a sample continuously collected
proportionally to flow over that same time period.
Continuous Discharge means a ``discharge'' which occurs without
interruption throughout the operating hours of the facility except for
infrequent shutdowns for maintenance, process changes, or similar
activities.
CWA or ``The Act'' means the Clean Water Act (formerly referred to
as the Federal Water Pollution Control Act or Federal Water Pollution
Control Act Amendments of 1972) Pub. L. 92-500, as amended by Pub. L.
95-217, Pub. L. 95-576, Pub. L. 96-483 and Pub. L. 97-117; 33 U.S.C.
Secs. 1251 et seq.
Daily Discharge means the discharge of a pollutant measured during
a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants with limitations
expressed in units of mass, the daily discharge is calculated as the
total mass of the pollutant discharged over the day. For pollutants
with limitations expressed in other units of measurements, the daily
discharge is calculated as the average measurement of the pollutant
over the day.
Director means the person authorized to sign NPDES permits by EPA
and/or the State.
Discharge Monitoring Report Form (DMR) means the EPA standard
national form, including any subsequent additions, revisions, or
modifications, for the reporting of self-monitoring results by
permittees. DMRs must be used by ``approved States'' as well as by
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EPA. EPA will supply DMRs to any approved State upon request. The EPA
national forms may be modified to substitute the State Agency name,
address, logo, and other similar information, as appropriate, in place
of EPA's.
Discharge of a pollutant means:
(a) Any addition of any ``pollutant'' or combination of pollutants
to ``waters of the United States'' from any ``point source,'' or
(b) Any addition of any pollutant or combination of pollutants to
the waters of the ``contiguous zone'' or the ocean from any point
source other than a vessel or other floating craft which is being used
as a means of transportation.
This definition includes additions of pollutants into waters of the
United States from: surface runoff which is collected or channelled by
man; discharges through pipes, sewers, or other conveyances owned by a
State, municipality, or other person which do not lead to a treatment
works; and discharges through pipes, sewers, or other conveyances
leading into privately owned treatment works.
This term does not include an addition of pollutants by any
``indirect discharger.''
Effluent limitation means any restriction imposed by the Director
on quantities, discharge rates, and concentrations of ``pollutants''
which are ``discharged'' from ``point sources'' into ``waters of the
United States,'' the waters of the ``contiguous zone,'' or the ocean.
Effluent limitations guidelines means a regulation published by the
Administrator under Section 304(b) of CWA to adopt or revise ``effluent
limitations.''
EPA means the United States ``Environmental Protection Agency.''
Grab Sample--An individual sample collected in a period of less
than 15 minutes.
Hazardous Substance means any substance designated under 40 CFR
Part 116 pursuant to Section 311 of CWA.
Maximum daily discharge limitation means the highest allowable
``daily discharge.''
Municipality means a city, town, borough, county, parish, district,
association, or other public body created by of under State law and
having jurisdiction over disposal or sewage, industrial wastes, or
other wastes, or an Indian tribe or an authorized Indian tribe
organization, or a designated and approved management agency under
section 208 of CWA.
National Pollutant Discharge Elimination System means the national
program for issuing, modifying, revoking and reissuing, terminating,
monitoring and enforcing permits, and imposing and enforcing
pretreatment requirements, under sections 307, 402, 318, and 405 of
CWA. The term includes an ``approved program.''
New discharger means any building, structure, facility, or
installation:
(a) From which there is or may be a ``discharge of pollutants'';
(b) That did not commence the ``discharge of pollutants'' at a
particular ``site'' prior to August 13, 1979;
(c) Which is not a ``new source''; and
(d) Which has never received a finally effective NPDES permit for
discharges at that ``site''.
This definition includes an ``indirect discharger'' which commences
discharging into ``waters of the United States'' after August 13, 1979.
It also includes any existing mobile point source (other than an
offshore or coastal oil and gas exploratory drilling rig or a coastal
oil and gas developmental drilling rig) such as a seafood processing
rig, seafood processing vessel, or aggregate plant, that begins
discharging at a ``site'' for which it does not have a permit; and any
offshore or coastal mobile oil and gas exploratory drilling rig or
coastal mobile oil and gas developmental drilling rig that commences
the discharge of pollutants after August 13, 1979, at a ``site'' under
EPA's permitting jurisdiction for which it is not covered by an
individual or general permit and which is located in an area determined
by the Regional Administrator in the issuance of a final permit to be
an area of biological concern. In determining whether an area is an
area of biological concern, the Regional Administrator shall consider
the factors specified in 40 CFR 125.122.(a) (1) through (10).
An offshore or coastal mobile exploratory drilling rig or coastal
mobile developmental drilling rig will be considered a ``new
discharger'' only for the duration of its discharge in an area of
biological concern.
New source means any building, structure, facility, or installation
from which there is or may be a ``discharge of pollutants,'' the
construction of which commenced:
(a) After promulgation of standards of performance under Section
306 of CWA which are applicable to such.
(b) After proposal of standards of performance in accordance with
Section 306 of CWA which are applicable to such source, but only if the
standards are promulgated in accordance with Section 306 within 120
days of their proposal.
NPDES means ``National Pollutant Discharge Elimination System.''
Non-Contact Cooling Water is water used to reduce temperature which
does not come in direct contact with any raw material, intermediate
product, a waste product or finished product.
Owner or operator means the owner or operator of any ``facility or
activity'' subject to regulation under the NPDES programs.
Permit means an authorization, license, or equivalent control
document issued by EPA or an ``approved State.''
Person means an individual, association, partnership, corporation,
municipality, State or Federal agency, or an agent or employee thereof.
Point source means any discernible, confined, and discrete
conveyance, including but not limited to any pipe, ditch, channel,
tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, vessel, or other floating craft,
from which pollutants are or may be discharged. This term does not
include return flows from irrigated agriculture.
Pollutant means dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials (except those
regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C.
2011 et seq.)), heat, wrecked or discarded equipment, rock, sand,
cellar dirt and industrial, municipal, and agricultural waste
discharged into water. It does not mean:
(a) Sewage from vessels; or
(b) Water, gas, or other material which is injected into a well to
facilitate production of oil or gas, or water derived in association
with oil and gas production and disposed of in a well, if the well used
either to facilitate production or for disposal purposes is approved by
authority of the State in which the well is located, and if the State
determines that the injection or disposal will not result in the
degradation of ground or surface water resources.
Primary industry category means any industry category listed in the
NRDC settlement agreement (Natural Resources Defense Council et al. v.
Train, 8 E.R.C. 2120 (D.D.C. 1976), modified 12 E.R.C. 1833 (D.D.C.
1979)); also listed in Appendix A of 40 CFR Part 122.
Process wastewater means any water which, during manufacturing or
processing, comes into direct contact with or results from the
production or use of any raw material, intermediate product, finished
product, byproduct, or waste product.
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Regional Administrator means the Regional Administrator, EPA,
Region I, Boston, Massachusetts.
State means any of the 3 States of Maine, Massachusetts and New
Hampshire.
Secondary Industry Category means any industry category which is
not a ``primary industry category.''
Toxic pollutant means any pollutant listed as toxic in Appendix D
of 40 CFR Part 122, under Section 307(a)(l) of CWA.
Uncontaminated storm water is precipitation to which no pollutants
have been added and has not come into direct contact with any raw
material, intermediate product, waste product or finished product.
Waters of the United States means:
(a) All waters which are currently used, were used in the past, or
may be susceptible to use in interstate or foreign commerce, including
all waters which are subject to the ebb and flow of the tide;
(b) All interstate waters, including interstate ``wetlands.''
(c) All other waters such as intrastate lakes, rivers, streams
(including intermittent streams), mudflats, sandflats, ``wetlands,''
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds
the use, degradation, or destruction of which would affect or could
affect interstate or foreign commerce including any such waters:
(1) Which are or could be used by interstate or foreign travelers
for recreational or other purposes;
(2) From which fish or shellfish are or could be taken and sold in
interstate or foreign commerce; or
(3) Which are used or could be used for industrial purposes by
industries in interstate commerce;
(d) All impoundments of waters otherwise defined as waters of the
United States under this definition;
(e) Tributaries of waters identified in paragraphs (a)-(d) of this
definition;
(f) The territorial sea; and
(g) ``Wetlands'' adjacent to waters (other than waters that are
themselves wetlands) identified in paragraphs (a)-(f) of this
definition.
Whole Effluent Toxicity (WET) means the aggregate toxic effect of
an effluent measured directly by a toxicity test.
Wetlands means those areas that are inundated or saturated by
surface or ground water at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas.
2. Abbreviations when used in this permit are defined below:
cu. M/day or M3/day--cubic meters per day
mg/l--milligrams per liter
g/l--micrograms per liter
lbs/day--pounds per day
kg/day--kilograms per day
Temp. deg.C--temperature in degrees Centigrade
Temp. deg.F--temperature in degrees Fahrenheit
Turb.--turbidity measured by the Nephelometric Method (NTU)
pH--a measure of the hydrogen ion concentration
CFS--cubic feet per second
MGD--million gallons per day
Oil & Grease--Freon extractable material
ml/l--milliliter(s) per liter
Cl2 total residual chlorine.
[FR Doc. 95-29742 Filed 12-5-95; 8:45 am]
BILLING CODE 6560-50-P
