[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Notices]
[Pages 5248-5254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2722]
[[Page 5247]]
_______________________________________________________________________
Part VII
Environmental Protection Agency
_______________________________________________________________________
Technical Correction; Final National Pollutant Discharge Elimination
System Storm Water Multi-Sector General Permit for Industrial
Activities; Notice
Federal Register / Vol. 61, No. 28 / Friday, February 9, 1996 /
Notices
[[Page 5248]]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-5411-8]
Technical Correction; Final National Pollutant Discharge
Elimination System Storm Water Multi-Sector General Permit for
Industrial Activities
Agency: Environmental Protection Agency.
Action: Corrections; technical amendments: deadline extensions for
applicants under the storm water multi-sector general permit; and
Notice of final NPDES storm water general permit for Alaska.
-----------------------------------------------------------------------
Summary: This action corrects typographical errors and inadvertent
omissions in the text of ``Final National Pollutant Discharge
Elimination System (NPDES) Storm Water Multi-Sector General Permit for
Industrial Activities'' (MSGP) which was published on Friday, September
29, 1995.
This action also provides notice of deadline extensions for
submittal of a Notice of Intent (NOI) to be covered by the MSGP and the
development and implementation of MSGP storm water pollution prevention
plans (SWPPP). The deadline extension provides additional time for
applicants to review MSGP requirements and to decide whether they wish
to seek coverage under the MSGP or the applicable baseline general
permit.
This action also provides notice for the final NPDES MSGP for storm
water discharges associated with industrial activity in the state of
Alaska.
Effective Date: Today's corrections are effective February 9, 1996. In
accordance with 40 CFR 23.2, EPA is now explicitly providing that the
permits shall be considered final for the purposes of judicial review
at 1 p.m. (Eastern time) on October 13, 1995.
For Further Information Contact: Marilyn Fonseca at 202-260-0592.
Supplementary Information: Section 553 of the Administrative Procedure
Act provides that the required publication or service of a substantive
rule shall be made not less than 30 days before its effective date
except, as relevant here, (1) for a substantive rule which grants or
recognizes an exemption or relieves a restriction or (2) when the
agency finds and publishes good cause for foregoing delayed
effectiveness. To the extent general permits may be substantive rule,
the deadline extensions in today's notice relieve permit applicants
from obligations associated with those deadlines. Similarly, EPA also
has determined that good cause exists for making the corrections in
today's notice effective immediately because the changes are purely
technical in nature. Finally, when the multi sector permits were
published on September 29, 1995, EPA neglected to explicitly provide a
date on which the permits would be considered final for the purposes of
judicial review.
I. Introduction
II. Deadlines
III. Technical Corrections
A. Benchmark Value for Zinc
B. 401 Certification Conditions
C. Minor Typographical and Editorial Changes
IV. Notice of Final NPDES Storm Water Permit in Alaska
A. Contacts
B. Paperwork Reduction Act
C. Section 401 Certifications
D. Other Considerations under Federal Law
I. Introduction
On September 29, 1995, (60 FR 50804) EPA published final NPDES
Multi-Sector General Permits (MSGP) for storm water discharges
associated with industrial activity in the following areas: the States
of Arizona, Florida, Idaho, Louisiana, Maine, Massachusetts, New
Hampshire, New Mexico, Oklahoma, and Texas; the District of Columbia;
Johnston Atoll, and Midway and Wake Islands; the Commonwealth of Puerto
Rico; Federal Indian Reservations in Alaska, Arizona, California,
Connecticut, Idaho, Louisiana, Maine, Massachusetts, Nevada, New
Hampshire, New Mexico, Oklahoma, Oregon, Rhode Island, Texas, Utah
(only the Navajo and Goshute Reservations), Vermont, and Washington;
and Federal facilities located in Arizona, the Commonwealth of Puerto
Rico, the District of Columbia, Delaware, Idaho, Johnston Atoll, Midway
and Wake Islands, Vermont, and Washington.
Today's notice corrects typographical errors, and inadvertent
omissions in the text of the MSGP as well as clarifies the fact sheet
to the permit. Today's notice also extends deadlines for the submittal
of a Notice of Intent (NOI) to be covered by the MSGP and the
development and implementation of required Storm Water Pollution
Prevention Plans (SWPPPs). Finally, this action provides notice for the
final NPDES storm water MSGP for storm water discharges associated with
industrial activity in the state of Alaska.
II. Deadlines
Sections II.A.5. and IV.A.7. of the permit, authorize the Director
to extend deadlines for certain actions required of individual
permittees. EPA has received a number of requests from applicants to
extend the MSGP deadlines for submittal of the NOI. After careful
consideration of the deadlines for submitting NOIs and developing the
storm water pollution prevention plan required by the MSGP, EPA is
extending the deadlines for the submittal of an NOI to be covered by
the storm water MSGP and the development of the SWPPP. This deadline
extension will provide MSGP applicants more time to study the sector
specific requirements in the permit and to decide whether they wish to
seek coverage under the MSGP or the baseline general permit. The new
deadline for submittal of an NOI to be covered by the MSGP is March 29,
1996. The new deadline for development and implementation of the SWPPP
required by the storm water MSGP is September 25, 1996.
Some group applicants may decide to seek coverage under the storm
water baseline general permit instead of the MSGP. The storm water
baseline general permit was published in the Federal Register (57 FR
41236, September 9, 1992). Group applicants choosing the storm water
baseline general permit instead of the MSGP must submit their NOI to be
covered under the baseline general permit by March 29, 1996. Please
note that claiming coverage under the baseline general permit at this
time would require that a facility's SWPPP be developed and implemented
prior to submittal of the NOI. Therefore, facilities choosing the
baseline general permit should develop and implement their SWPPP prior
to the submittal of the NOI under the baseline general permit.
With regard to activities currently covered, some eligible
facilities previously covered by EPA's storm water baseline general
permit (57 FR 41236, September 9, 1992), may elect to be covered by the
MSGP. These facilities must submit an NOI to be covered by the MSGP and
Notice of Termination (NOT) for the baseline general permit. The
deadline for these facilities to switch from the baseline general
permit to the MSGP, is also March 29, 1996. Please note that the SWPPP
developed for such facilities must incorporate any changes required by
the MSGP.
Deadlines for submitting NOIs for new facilities and new operators
of facilities, as described in the MSGP (60 FR 51113, September 29,
1995) remain unchanged by today's notice.
III. Technical Corrections
The Final NPDES Storm Water MSGP that was published on September
29, 1995 (60 FR 50804) contains several errors and omissions. Today's
notice
[[Page 5249]]
corrects minor typographical and editorial errors as well as
inadvertent omissions in the permit for the benchmark values for zinc
and the 401 certification conditions for some of the states.
A. Benchmark Value for Zinc
The benchmark value for zinc was listed in error as 0.065 mg/l
throughout the permit and fact sheet. As explained in the fact sheet to
the final permits, the benchmark values for all hardness dependent
pollutants were adjusted between the proposed and final permits based
on a reconsidered average national hardness value of 100 mg/l CaCO3;
rather than 50 mg/l CaCO3 as used in the proposed permit. The benchmark
values for these pollutants thereby increased proportionately due to
the higher hardness value. The benchmark value for zinc in the permit
and fact sheet text was erroneously not revised to reflect the new
hardness value. The benchmark value for zinc should therefore be
revised to read 0.117 mg/l. The permit page number, table and sector
where the benchmark value for zinc was published and should be revised
to read 0.117 mg/l are as follows: page 51128 (Table A1) in the Timber
Products Sector; page 51138 (Table C2, C4, C5) in the Chemical and
Allied Products Manufacturing Sector; page 51153 (Table F1, F2, F3, F4)
in the Primary Metals Sector; page 51195 (Table N1) in the Scrap
Recycling and Waste Recycling Sector; page 51209 (Table Q1) in the
Water Transportation Sector; page 51239 (Table Y1) in the Rubber,
Miscellaneous Plastic Products and Miscellaneous Manufacturing Sector
and 51248 (Table AA1, AA2) in the Fabricated Metal Products Sector.
The corresponding fact sheet page number, table and sector (if
applicable) where the incorrect benchmark value for zinc appears are as
follows: page 50826 (Table 5); page 50843 (Table A7) in the Timber
Products Sector; page 50858 (Tables C11, C13, C14) in the Chemical and
Allied Products Manufacturing Sector; page 50886 (Tables F7, F8, F9,
F10) in the Primary Metals Sector; pages 50957 and 50969 (Tables N6,
N18) in the Scrap Recycling and Waste Recycling Sector; page 50990
(Table Q4) in the Water Transportation Sector; page 51039 (Table Y6) in
the Rubber, Miscellaneous Plastic Products and Miscellaneous
Manufacturing Sector and page 51053 (Table AA5, AA6) in the Fabricated
Metal Products Sector.
B. 401 Certification Conditions
The 401 certification conditions for the states of Massachusetts
and Idaho were inadvertently omitted from the permit which is revised
accordingly. In addition, some of the 401 conditions for Texas were
duplicated so the permit is revised to eliminate the duplicate
sections. The 401 conditions for Texas are also being revised to
include a footnote in order to reduce confusion over which permittees
are subject to whole effluent toxicity (WET) testing. The New Mexico
401 conditions contained typographical errors that inadvertently
omitted ammonia (NH3) from the list of monitoring parameters for 2
industrial subsectors and the permit is revised accordingly. Finally,
the Washington Federal Indian reservations 401 certification has now
been clarified to include specific conditions submitted by the Puyallup
Indian tribe.
More specifically, Massachusett's 401 conditions have been revised
to provide that all new or increased discharges in the Commonwealth of
Massachusetts must comply with Massachusetts law at 314 CMR 4.00,
particularly as it applies to Outstanding Resource Waters, prior to
seeking authorization to discharge under this permit. For more
information please contact the Massachusetts Department of
Environmental Protection at (508) 792-7470 or (617) 338-2255. Part XII
of the permit on page 51255 and the table of contents on page 51111 are
revised to include these 401 conditions. The corresponding fact sheet
reference is on page 51064.
In addition, Idaho's 401 conditions have been revised to provide
that the SWPPP must comply with the current Idaho Water Quality
Standards. The applicant must send the Regional IDEQ office a copy of
the NOI. When so requested by IDEQ, the permittee must provide a copy
of the SWPPP to IDEQ within 72 hours. Failure to provide the SWPPP to
IDEQ within the 72-hour time limit will be grounds for cancellation of
the general permit authorization due to failure to comply with the
state's 401 certification terms. Part XII of the permit on page 51263
and the table of contents on page 51111 are revised to include these
401 conditions. The corresponding fact sheet reference is on page
51067.
The Texas 401 conditions listed in the permit contain duplications.
On page 51260 and 51261 of the permit, Part V describes numeric
effluent limitations and contains 2 sections. One section describes
discharges to inland waters and the other section describes discharges
to tidal waters. Each section contains 1 table. The sections on
discharges to inland waters and discharges to tidal waters are
duplicated on pages 51261 and 51262 of the permit. The permit is
revised today to eliminate these duplicate sections.
In addition, Texas 401 conditions require whole effluent toxicity
testing for certain facilities in Part V.D. of the permit. A footnote
is added to the permit to clarify who is required to perform such
toxicity testing. The footnote will be added to the first sentence of
Part V.D. Toxicity Testing. The footnote clarifies that the toxicity
testing requirement applies only to facilities that have demonstrated
significant lethality in any prior whole effluent toxicity tests on
their storm water discharges and have failed to control this toxicity.
It does not require facilities that have never demonstrated toxicity to
conduct such testing for the purposes of the permit. Page 51066 of the
fact sheet should be updated accordingly.
New Mexico 401 conditions require additional monitoring for the
Paperboard mills subsector of the Paper and Allied Products
Manufacturing sector and the meat products subsector of the Food and
Kindred Products sector. Typographical errors on pages 51257 and 51259
of the permit inadvertently omitted ammonia (NH3) from the monitoring
lists for the paperboard mill subsector and the meat products
subsector. The permit is revised today to include these monitoring
parameters for these subsectors in the State of New Mexico.
Finally, the Washington Federal Indian Reservation permit
certification has been clarified to include the following 401
certification conditions submitted by the Puyallup Tribe of Indians for
discharges subject to the Puyallup Tribe's Water Quality Standards:
``Discharges authorized by this permit shall not cause or contribute to
a violation of any applicable water quality standard contained in the
Water Quality Standards for Surface Waters of the Puyallup Tribe, Title
10 of the Puyallup Tribal codes and Regulations, for discharges to
waters and water pollution sources on trust or restricted lands which
are subject to the Puyallup Tribe's Water Quality Standards.'' For more
information please contact the Puyallup Tribe of Indians Environmental
Protection Department at (206) 597-6200. Part XII of the permit on page
51263 and the table of contents on page 51111 are revised to include
these 401 conditions. The corresponding fact sheet reference is page
51067.
C. Minor typographical and editorial changes
On page 50830 of the fact sheet, for facilities subject to special
permit
[[Page 5250]]
requirements based on the presence of SARA Title III, Section 313
chemicals, there is a reference to an Appendix A that lists 44
additional water priority chemicals. The reference should have referred
the reader to Addendum A.
On page 50832 of the fact sheet, in the section that lists
addresses for other submittals of information for the states of
Louisiana, New Mexico, Oklahoma, and Texas and Federal Indian
Reservations in Louisiana, New Mexico (except Navajo and Ute Mountain
Lands), Oklahoma, and Texas the address was listed incorrectly. The
address should read: EPA, Region VI, Enforcement and Compliance
Assurance Division, (6EN-WC), EPA SW MSGP, P.O. Box 50625, Dallas, TX
75250.
On page 50998 of the fact sheet, the second paragraph of Section 2,
inadvertently discusses total Kjeldahl Nitrogen (TKN) in connection
with pollutants found in storm water discharges from vehicle
maintenance areas, equipment cleaning areas, or deicing areas located
at air transportation facilities. Ammonia (NH3) should be included in
the discussion in lieu of TKN.
On page 51118 of the permit, in the section entitled Reporting:
Where to Submit, the address was listed incorrectly for the states of
Louisiana, New Mexico, Oklahoma, and Texas and Federal Indian
Reservations in Louisiana, New Mexico (except Navajo and Ute Mountain
Lands), Oklahoma, and Texas. The address should read: EPA, Region VI,
Enforcement and Compliance Assurance Division, (6EN-WC), EPA SW MSGP,
P.O. Box 50625, Dallas, TX 75250.
IV. Notice of Final NPDES Storm Water Permit in Alaska
On November 19, 1993, EPA proposed the MSGP in Alaska. EPA was not
able to provide notice of the final permit in Alaska on September 29,
1995 when the MSGP was previously published. Today's action finalizes
the NPDES MSGP for storm water discharges associated with industrial
activity in the state of Alaska. The MSGP covers storm water discharges
from a wide variety of industrial activities. The permit contains
industry-specific sections that describe the storm water pollution
prevention plan requirements, the numeric effluent limitation
requirements and the monitoring requirements for that industry. These
industry-specific sections are contained in Part XI of the permit and
are described in Part VIII of the fact sheet. There are also a number
of permit requirements that apply to all industries. Today's notice
incorporates by reference the permit terms and conditions set forth at
60 FR 51108-51255 published on September 29, 1995. These requirements
may be found in I through XI. They include the general coverage
discussion, the Notice of Intent requirements and standard permit
conditions. The MSGP was published previously for a number of other
states and territories in the September 29, 1995 Federal Register on
pages 51108-51255 and is revised today to include Alaska. Today's
notice also includes additional 401 conditions required by the state of
Alaska.
A. Contacts
Notices of Intent (NOIs) to be covered under this permit and
Notices of Termination (NOT) to terminate coverage under this permit
must be sent to the Storm Water Notice of Intent Processing Center (see
address below). The complete administrative record is available through
the Water Docket MC-4101, Environmental Protection Agency, 401 M Street
SW, Washington DC 20460. A reasonable fee may be charged for copying.
Notice of Intent Address. Notices of Intent to be authorized to
discharge under this permit should be sent to: NOI/NOT Processing
Center (4203), 401 M Street, SW., Washington, DC 20460.
Address for Other Submittals. Other submittals of information
required under this permit or individual permit applications should be
sent to the EPA Region X Office: EPA, Region X, Water Division, (WD-
134), Storm Water Staff 1200 Sixth Avenue Seattle, WA 98101.
B. Paperwork Reduction Act
EPA has reviewed the requirements imposed on regulated facilities
in the final MSGP in Alaska under the Paperwork Reduction Act of 1995,
44 U.S.C. 3501 et seq. The information collection requirements in
today's final notice for Alaska have already been approved by the
Office of Management and Budget in previous submissions made for the
NPDES permit program under the provisions of the Clean Water Act.
C. 401 Certification
Section 401 of the CWA provides that no Federal license or permit,
including NPDES permits, to conduct any activity that may result in any
discharge into navigable waters, shall be granted until the State in
which the discharge originates certifies that the discharge will comply
with the applicable provisions of Sections 301, 302, 303, 306, and 307
of the CWA. The Section 401 certification process has been completed
for the state of Alaska. The following summary indicates where
additional permit requirements have been added as a result of the
certification process and also provides a more detailed discussion of
additional requirements for Alaska.
Alaska 401 conditions provide that a copy of the Notice of Intent
form, in addition to the NOI already required to be submitted to EPA,
and a 1-page brief description of the activities being covered must be
sent to the appropriate nearest office listed below. The 1-page
description of activities shall describe the nature of the project, the
pollutants expected in the discharge(s) and the type(s) of treatment to
be provided. Copies of any discharge monitoring reports or other
reports required under the permit must be sent to the appropriate state
office. A copy of any Notice of Termination must be submitted to the
appropriate state office. The addresses of state offices to which
copies are to be sent are:
Alaska Department of Environmental Conservation, Major Facilities &
Water Permits Section, 410 Willoughby Avenue, Suite #105, Juneau, AK
99801, (907) 465-5276, (907) 465-5274 (Fax)
Alaska Department of Environmental Conservation, Major Facilities &
Water Permits Section, 555 Cordova Street, Anchorage, AK 99503, (907)
269-7500, (907) 269-7652 (Fax)
Alaska Department of Environmental Conservation, Major Facilities &
Water Permits Section, 610 University Avenue, Fairbanks, AK 99709-3643,
(907) 451-2360, (907) 451-2187 (Fax).
Because Alaska DEC has certified the MSGP, authorization under the
MSGP constitutes authorization under a state permit as a matter of
Alaska law.
D. Considerations Under Other Federal Laws
For the MSGP issued in Alaska by today's notice, EPA is required to
conduct and certify certain analyses under the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., and the Unfunded Federal Mandates Act, Pub.
L. No. 104-4. By today's action, EPA adopts, incorporates, and
certifies the necessary findings under the Regulatory Flexibility Act
and the Unfunded Federal Mandates Act made in the September 29, 1995,
MSGP for the purposes of the MSGP issued for Alaska.
[[Page 5251]]
Region 1
Signed this 25th day of January, 1996.
David A. Fierra,
Director, Office of Ecosystem Protection.
Region 2
Signed this 25th day of January, 1996.
Richard L. Caspe,
Water Management Division Director.
Region 3
Signed this 25th day of January, 1996.
Alvin R. Morris,
Water Protection Division Director.
Region 4
Signed this 18th day of December, 1995.
Robert F. McGhee,
Water Management Division Director.
Region VI
Signed this 25th day of January, 1996.
William B. Hathaway,
Water Quality Protection Division Director.
Region 9
Signed this 18th day of January, 1996.
Alexis Strauss,
Acting Director, Water Management Division.
Region 10
Signed this 18th day of December, 1995.
Philip G. Millam,
Acting Director, Office of Water.
I. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., EPA is
required to prepare a Regulatory Flexibility Analysis to assess the
impact of rules on small entities. Under 5 U.S.C. 605(b), no Regulatory
Flexibility Analysis is required where the head of the Agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities.
Today's permit will provide any small entity the opportunity to
obtain storm water permit coverage as a result of the group application
process. Group applications provided small entities a mechanism to
reduce their permit application burden by grouping together with other
industrial facilities and submitting a common permit application with
reduced monitoring requirements and shared costs. The group application
information submitted to EPA provided a basis for the development of
storm water permit conditions tailored specifically for each industry.
The permit requirements have been designed to minimize significant
administrative and economic impacts on small entities and should not
have a significant impact on industry in general. Moreover, the permit
reduces a significant burden on regulated sources of applying for
individual permits.
Accordingly, I hereby certify pursuant to 5 U.S.C. 605(b) that this
permit will not have a significant impact on a substantial number of
small entities.
Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
Dated: December 14, 1995.
Chuck Clarke,
Regional Administrator, Region 10.
Authorization To Discharge Under the National Pollution Discharge
Elimination System
In compliance with the provisions of the Clean Water Act, as
amended, (33 U.S.C. 1251 et seq., the ``Act'') except as provided in
Part I.B.3. of this storm water multi-sector general permit, operators
of point source discharges of storm water associated with industrial
activity that discharge into waters of the United States, represented
by the industry sectors identified in Part XI. of this permit, are
authorized to discharge in the areas of coverage listed below in
accordance with the conditions and requirements set forth herein.
Operators of storm water discharges from the industrial activities
covered under this permit who intend to be authorized by this permit
must submit a Notice of Intent (NOI) in accordance with Part II.B. of
this permit. Operators of storm water discharges associated with
industrial activity who fail to submit an NOI in accordance with Part
II.B. of this permit are not authorized under this general multi-sector
permit.
This permit shall become effective on February 11, 1996, and shall
expire at midnight on February 11, 2001.
Region X
Signed this 5th day of December, 1995.
Philip G. Millam,
Acting Director, Office of Water.
------------------------------------------------------------------------
Areas of coverage Permit No.
------------------------------------------------------------------------
Alaska................................. AKR05 * ###
------------------------------------------------------------------------
For the reasons set forth in this preamble, Parts I, II, IV, VI, IX
and XII of the NPDES Multi-Sector Storm Water General Permit are
amended as follows:
Deadline Extension
PART II--[AMENDED]
1. Part II.A.1. and Part II.A.6 are revised to insert ``March 29,
1996'' in place of ``[insert date 90 days after permit finalization]''
to read as follows:
Part II. Notification Requirements
A. Deadlines for Notification
1. Existing Facility * * * individuals who intend to obtain
coverage for an existing storm water discharge associated with
industrial activity under this general permit shall submit an NOI in
accordance with the requirements of this part on or before March 29,
1996.
* * * * *
6. Part II.A.6 Facilities Previously Subject to the Baseline
General Permit. Eligible facilities previously covered by EPA's 1992
Baseline General Permits for Storm Water Discharges Associated with
Industrial Activity (57 FR 41297 or 57 FR 44438) may elect to be
covered by this permit by submitting an NOI in accordance with the
requirements of this Part on or before March 29, 1996.
PART IV--[AMENDED]
1. Part IV.A.1. is revised to insert ``September 25, 1996'' in
place of ``[insert date 270 days after permit finalization]'' at the
end of the sentence to read as follows:
Part IV. Storm Water Pollution Prevention Plans
* * * * *
A. Deadlines for Plan Preparation and Compliance
1. Existing Facilities * * * all existing facilities that begin
operation on or before [insert date 270 days after permit finalization]
shall prepare and implement the plan by September 25, 1996.
2. Part IV.A.4. is revised to insert ``September 25, 1996'' in
place of ``[insert date 270 days after permit finalization]'' to read
as follows:
Part IV. Storm Water Pollution Prevention Plans
* * * * *
A. Deadlines for Plan Preparation and Compliance
* * * * *
4. Facilities Switching From the Baseline General Permit * * * The
plan shall be revised as necessary to address requirements under Part
XI. of this permit no later than September 25, 1996. The revisions made
to the plan shall be implemented on or before September 25, 1996.
Zinc Benchmark Value
PART XI--[AMENDED]
1. Parts XI.A.5., XI.C.6., XI.F.5., XI.N.5., XI.Q.5., XI.Y.5., and
XI.AA.5. are revised to insert 0.117 mg/l instead
[[Page 5252]]
of 0.065mg/l after Total Recoverable Zinc to read as follows:
Part XI. Specific Requirements for Industrial Activities
* * * * *
A. Storm Water Discharges Associated With Industrial Activity From
Timber Products Facilities
* * * * *
5. Monitoring and Reporting Requirements
a. Analytical Monitoring Requirements * * * Table A-1 Monitoring
Requirements for General Sawmills and ``Planning'' Mills Facilities: *
* * Total Recoverable Zinc,--0.117 mg/l.
* * * * *
C. Storm Water Discharges Associated with Industrial Activity from
Chemical and Allied Products Manufacturing Facilities
* * * * *
6. Monitoring and Reporting Requirements
a. Analytical Monitoring Requirements * * * Table C-2 Agricultural
chemicals Monitoring Requirements, Table C-4 Soaps, Detergents,
Cosmetics, and Perfumes Monitoring Requirements and Table C-5 Plastics,
Synthetics, and Resins Monitoring Requirements: * * * Total Recoverable
Zinc,--0.117 mg/l.
* * * * *
F. Storm Water Discharges Associated With Industrial Activity From
Primary Metals Facilities
* * * * *
5. Monitoring and Reporting Requirements
a. Analytical Monitoring Requirements * * * Tables F1 Steel Works,
Blast Furnaces, and Rolling and Finishing Mills (SIC331) Monitoring
Requirements, F2 Iron and Steel Foundries (SIC332) Monitoring
Requirements, F3 Rolling, Drawing, and Extruding of Non-Ferrous Metals
(SIC335) Monitoring Requirements and F4 Non-Ferrous Foundries (SIC 336)
Monitoring Requirements: * * * Total Recoverable Zinc,--0.117 mg/l.
* * * * *
N. Storm Water Discharges Associated With Industrial Activity From
Scrap Recycling and Waste Recycling Facilities
* * * * *
5. Monitoring and Reporting Requirements
a. Analytical Monitoring Requirements * * * Table N1 Industry
Monitoring Requirements: * * * Total Recoverable Zinc,--0.117 mg/l.
* * * * *
Q. Storm Water Discharges Associated With Industrial Activity From
Water Transportation Facilities That Have Vehicle Maintenance Shops
and/or Equipment Cleaning Operations
* * * * *
5. Monitoring and Reporting Requirements
a. Analytical Monitoring Requirements * * * Table Q1 Monitoring
Requirements: * * * Total Recoverable Zinc,--0.117 mg/l.
* * * * *
Y. Storm Water Discharges Associated With Industrial Activity From
Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing
Industries
* * * * *
5. Monitoring and Reporting Requirements
a. Analytical Monitoring Requirements * * * Table Y1 Monitoring
Requirements: * * * Total Recoverable Zinc,--0.117 mg/l.
* * * * *
AA. Storm Water Discharges Associated With Industrial Activity From
Fabricated Metal Products Industry
* * * * *
5. Monitoring and Reporting Requirements
a. Analytical Monitoring Requirements * * * Tables AA-1 Monitoring
Requirements for Fabricated Metal Products Except Coating and Table AA-
2 Monitoring Requirements for Fabricated Metal Coating and Engraving: *
* * Total Recoverable Zinc,--0.117 mg/l.
401 Certification Conditions
Part XII--[AMENDED]
1. Massachusetts--Part XII. of the permit is revised by adding the
following paragraphs before Region III to read as follows:
Part XII. Coverage Under This Permit
Region I
Massachusetts (MAR05*###)
Massachusetts 401 certification special permit conditions revise
the permit as follows:
Region VI
* * * * *
D. New Mexico (NMR05 ###)
* * * * *
Part XI. Specific Requirements for Industrial Activities
* * * * *
B. Storm Water Discharges Associated With Industrial Activity From
Paper and Allied Products Manufacturing Facilities
* * * * *
5. Monitoring and Reporting Requirements
* * * * *
(a) * * * (1) Paperboard mills: shall monitor NH3, . . .
* * * * *
U. Storm Water Discharges Associated With Industrial Activity From Food
and Kindred Products Facilities
* * * * *
1. Part I.B.3. is amended by addition of the following:
Part I. Coverage Under This Permit
* * * * *
B. Eligibility
* * * * *
3. Limitations on Coverage
* * * * *
i. All new or increased discharges in the State of Massachusetts
must comply with 314 CMR 4.00, particularly as it applies to
Outstanding Resource Waters, prior to seeking authorization to
discharge under this permit. For more information please contact the
Massachusetts Department of Environmental Protection at (508) 792-7470
or (617) 338-2255.
2. New Mexico--Part XII.D. (New Mexico) of the permit is revised by
adding ``NH3'' to Part XI.B.5.a.(1) before TSS and to Part XI.U.5.a.(4)
before NO3+NO2 to read as follows:
Part XII. Coverage Under This Permit
* * * * *
5. Monitoring and Reporting Requirements
* * * * *
(a) * * * (4) Meat Products: shall monitor NH3, . . .
3. Texas--Part XII.D. (Texas) is amended to delete the following
duplicated text starting in the third column of page 51261 and ending
on page 51262:
[[Page 5253]]
Part V. Numeric Effluent Limitations
* * * * *
B. All Discharges to Inland Waters
The maximum allowable concentrations of each of the hazardous
metals, stated in terms of milligrams per liter (mg/l), for discharges
to inland waters are as follows:
[Table]
C. All Discharges to Tidal Waters
The maximum allowable concentrations of each of the hazardous
metals, stated in terms of milligrams per liter (mg/l), for discharges
to tidal waters are as follows:
[Table]
4. Texas--Part XII.D. (Texas) is clarified with the addition of the
following footnote to Part V.F. Texas after the first sentence to read
as follows:
Part XII. Coverage Under This Permit
* * * * *
Region VI
* * * * *
Texas (TXR05*###)
* * * * *
Part V. Numeric Effluent Limitations
* * * * *
D. Toxicity Testing * * * The toxicity testing requirement applies
only to facilities that have 1) demonstrated significant lethality in
whole effluent toxicity tests on their storm water discharges (e.g.
tests required while under baseline general permit No. TXR00###) and 2)
has not yet controlled the toxicity.
``Control'' of toxicity involves some action that reduces or
eliminates the toxicity so that the discharge henceforth passes whole
effluent toxicity testing. A prerequisite of controlling the toxicant
requires either identifying the toxicant, identifying the toxicant
source, or identifying a means of removing the toxicant. To demonstrate
the effectiveness of the control action, the discharger would have to
pass two whole effluent toxicity tests performed on consecutive
discharge events.
Those facilities having previously demonstrated toxicity, and
unable to identify the toxicant source, or treatment method, would
continue biomonitoring semiannually until such time that they pass four
whole effluent toxicity tests on consecutive discharge events. Such
evidence would be considered a ``cessation of lethality'' (as defined
in the Implementing Procedures of the Texas Natural Resource
Conservation Commission Standards Via Permitting) and biomonitoring
would cease.
5. Puyallup Indian Reservation Lands--Part XII. of the permit is
revised by adding the following paragraphs after Region X and before
Washington (WAR05*###) to read as follows:
Part XII. Coverage Under This Permit
* * * * *
Region X
Puyallup Indian Reservation Lands (WAR05*##F)
Puyallup Tribe 401 certification special permit conditions revise
the permit as follows:
1. Part I section B is amended by the addition of the following:
Part I. Coverage Under This Permit
* * * * *
B. Eligibility
* * * * *
8. Compliance With Puyallup Indian Reservation Lands Water Quality
Standards
Discharges authorized by this permit shall not cause or contribute
to a violation of any applicable water quality standard contained in
the Water Quality Standards for Surface Waters of the Puyallup Tribe,
Title 10 of the Puyallup Tribal codes and Regulations, for discharges
to waters and water pollution sources on trust or restricted lands
which are subject to the Puyallup Tribe's Water Quality Standards.
6. Idaho--Part XII. of the permit is revised by adding the
following paragraphs before Addendum A to read as follows:
Part XII. Coverage Under This Permit
* * * * *
Region X
* * * * *
Idaho (IDR05*###)
Idaho 401 certification special permit conditions revise the permit
as follows:
1. Part II.C. is amended by the addition of the following:
Part II. Notification Requirements
* * * * *
C. Where to Submit
* * * * *
The applicant must send the Regional IDEQ office a copy of the NOI,
in addition to the NOI already required to be submitted to EPA, at the
following address: Idaho Department of Health and Welfare, Division of
Environmental Quality, 1410 North Hilton, Boise, ID 83708-1255.
2. Part IV. is amended by the addition of the following:
Part IV. Storm Water Pollution Prevention Plans
* * * * *
Idaho's 401 conditions provide that for facilities with storm water
discharges associated with industrial activity in the state of Idaho,
the SWPPP must comply with the current Idaho Water Quality Standards.
3. Part IV.B.2 is amended by the addition of the following:
Part IV. Storm Water Pollution Prevention Plans
* * * * *
B. Signature and Plan Review
* * * * *
2. Availability * * *
The permittee must provide a copy of the SWPPP, when so requested
by IDEQ, to IDEQ within 72 hours. Failure to provide the SWPPP to IDEQ
within the 72-hour time limit will be grounds for cancellation of the
general permit authorization due to failure to comply with the state's
401 certification terms.
Minor Typographical and Editorial Changes
Part VI--[Amended]
1. Part VI.B.1.e. is revised to correct the address for EPA Region
VI to read as follows:
Part VI. Monitoring and Reporting Requirements
* * * * *
B. Reporting: Where to Submit
1. Location
* * * * *
e. LA, NM (except see Region IX for Navajo lands), OK, TX, EPA,
Region VI, Enforcement and Compliance Assurance Division, (6EN-WC), EPA
SW MSGP, P.O. Box 50625, Dallas, TX 75250.
Alaska
Part I--[Amended]
1. Part 1 is amended by revising paragraph A. Permit Area, Region X
to include ``Alaska'' before the phrase ``the state of Idaho'' to read
as follows:
Part I. Coverage Under This Permit
* * * * *
A. Permit Area
* * * * *
[[Page 5254]]
Region X--Alaska; the State of Idaho; * * *
PART XII--[AMENDED]
Alaska 401 certification special permit conditions revise the
permit as follows:
1. Part XII. Region X of the permit is revised by adding the
following paragraphs before Addendum A after Idaho's 401 conditions to
read as follows:
Part XII. Coverage Under This Permit
* * * * *
Region X
Alaska (AKR05*###)
1. Part II. B. is amended by the addition of the following:
Part II. Notification Requirements
* * * * *
B. Contents of Notice of Intent
* * * * *
14. For facilities that discharge storm water associated with
industrial activity in Alaska, a 1-page brief description of the
activities being covered must be sent to the appropriate nearest office
listed below. The 1-page description of activities shall describe the
nature of the project, the pollutants expected in the discharge(s) and
the type(s) of treatment to be provided.
2. Part II. C. is amended by the addition of the following:
Part II. Notification Requirements
* * * * *
C. Where to Submit
* * * * *
For facilities located in the state of Alaska, a copy of the Notice
of Intent form, in addition to the NOI already required to be submitted
to EPA, and a 1-page brief description of the activities being covered
must be sent to the appropriate nearest office listed below. The
addresses of state offices to which copies are to be sent are:
Alaska Department of Environmental Conservation, Major Facilities &
Water Permits Section, 410 Willoughby Avenue, Suite #105, Juneau, AK
99801 (907) 465-5276, (907) 465-5274 (Fax)
Alaska Department of Environmental Conservation, Major Facilities &
Water Permits Section, 555 Cordova Street, Anchorage, AK 99503, (907)
269-7500, (907) 269-7652 (Fax)
Alaska Department of Environmental Conservation, Major Facilities &
Water Permits Section, 610 University Avenue, Fairbanks, AK 99709-3643,
(907) 451-2360, (907) 451-2187 (Fax)
3. The following language is added to Part VI section B:
Part VI. Monitoring and Reporting Requirements
* * * * *
B. Reporting: Where to Submit
* * * * *
2. Additional Notification. For facilities located in the state of
Alaska, copies of any discharge monitoring reports or other reports
required under the permit must also be sent to the appropriate state
office. The addresses of state offices to which copies are to be sent
are:
Alaska Department of Environmental Conservation, Major Facilities &
Water Permits Section, 410 Willoughby Avenue, Suite #105, Juneau, AK
99801 (907) 465-5276, (907) 465-5274 (Fax)
Alaska Department of Environmental Conservation, Major Facilities &
Water Permits Section, 555 Cordova Street, Anchorage, AK 99503, (907)
269-7500, (907) 269-7652 (Fax)
Alaska Department of Environmental Conservation, Major Facilities &
Water Permits Section, 610 University Avenue, Fairbanks, AK 99709-3643,
(907) 451-2360, (907) 451-2187 (FAX).
4. The following is added to Part IX Section B:
Part IX. Termination of Coverage
* * * * *
B. Addresses
* * * * *
For facilities located in the state of Alaska, copies of Notices of
Termination (NOTs), in addition to the NOTs already required to be
submitted to EPA, must be submitted to the appropriate state office.
The addresses of state offices to which copies are to be sent are:
Alaska Department of Environmental Conservation, Major Facilities &
Water Permits Section, 410 Willoughby Avenue, Suite #105, Juneau, AK
99801 (907) 465-5276, (907) 465-5274 (Fax)
Alaska Department of Environmental Conservation, Major Facilities &
Water Permits Section, 555 Cordova Street, Anchorage, AK 99503, (907)
269-7500, (907) 269-7652 (Fax)
Alaska Department of Environmental Conservation, Major Facilities &
Water Permits Section, 610 University Avenue, Fairbanks, AK 99709-3643,
(907) 451-2360, (907) 451-2187 (Fax).
[FR Doc. 96-2722 Filed 2-8-96; 8:45 am]
BILLING CODE 6560-50-P
