[Federal Register Volume 62, Number 47 (Tuesday, March 11, 1997)]
[Notices]
[Pages 11184-11193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6020]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-5702-4]
Final General NPDES Permit for Facilities Related to Oil and Gas
Extraction on the North Slope of the Brooks Range, Alaska (Permit
Number AKG-31-0000)
AGENCY: Environmental Protection Agency, Region 10.
ACTION: Notice of a final general permit.
-----------------------------------------------------------------------
SUMMARY: The Director, Office of Water, EPA Region 10 is issuing a
General NPDES permit for facilities related to Oil and Gas Extraction
on the North Slope of the Brooks Range in Alaska. This general permit
regulates activities associated with the extraction of oil and gas on
the North Slope of the Brooks Range in the North Slope Borough in the
state of Alaska. The activities covered include sanitary and domestic
discharges from mobile, exploration, development and production camps;
gravel pit dewatering and the use of this water for the construction of
ice structures and road watering; and construction dewatering. The
permit establishes effluent limitations, standards, prohibitions and
other conditions on discharges from covered facilities. These
conditions are based on existing national effluent guidelines, the
state of Alaska's Water Quality Standards and material contained in the
administrative record. A description of the basis for the conditions
and requirements of the proposed general permit were provided in the
fact sheet and changes to the proposed general permit are documented in
the Response to Comments.
DATES: The general permit will become effective on April 10, 1997 and
will expire on April 10, 2002.
FOR FURTHER INFORMATION CONTACT: Copies of the final general NPDES
permit, response to comments, and today's publication will be provided
upon request by calling the EPA Region 10, Public Information Office,
at (800) 424-4372 or (206) 553-1200 or upon request by calling Cindi
Godsey at (907) 269-7692. Requests may also be electronically mailed
to: [email protected]
SUPPLEMENTARY INFORMATION: The Office of Management and Budget has
exempted this action from the review requirements of Executive Order
12866 pursuant to section 6 of that order.
The state of Alaska, Department of Environmental Conservation
(ADEC), has certified that the subject discharges comply with the
applicable provisions of sections 208(e), 301, 302, 306 and 307 of the
Clean Water Act. The state of Alaska, Office of Management and Budget,
Division of Governmental Coordination (DGC), has certified that the
general NPDES permit is consistent with the approved Alaska Coastal
Management Program.
Comments were received which caused changes to the proposed permit.
These are detailed in the Response to Comments. The following is a
summary of some of the changes:
Discharges to non-frozen tundra will be authorized but the time a
facility can discharge in one spot to tundra has been reduced from 7 to
5 days. A request for coverage shall be submitted at least 45 days
prior to discharge rather than 60. ADEC has authorized a mixing zone
for chlorine for discharges of sanitary wastewater to the tundra. The
basis for the settleable solids limitation found in several categories
of discharges has been changed from a technology-based limitation to a
water quality-based one; this change requires that the effluent sample
be compared to a sample representative of the natural conditions of a
waterbody. The promulgation of New Source Performance Standards (NSPS)
for sanitary and domestic wastewater in 40 CFR part 435, subpart D
caused EPA to reconsider the basis for the floating solids requirement
and it has been changed from a technology to a water quality-based
limitation. NSPS also requires new development and production
facilities to comply with the National Environmental Policy Act (NEPA)
before coverage could be granted under this general NPDES permit.
Within 120 days following service of notice of EPA's final permit
decision under 40 CFR 124.15, any interested person may appeal this
general NPDES permit in the Federal Court of Appeal in accordance with
section 509(b)(1) of the Clean Water Act.
[[Page 11185]]
Regulatory Flexibility Act
After review of the facts presented in the notice printed above, I
hereby certify pursuant to the provision of 5 U.S.C. 605(b) that this
general NPDES permit will not have a significant impact on a
substantial number of small entities. Moreover, the permit reduces a
significant administrative burden on regulated sources.
Dated: February 27, 1997.
Philip G. Millam,
Director, Office of Water.
Permit No.: AKG-31-0000
United States Environmental Protection Agency, Region 10, 1200 Sixth
Avenue, Seattle, Washington 98101, (206) 553-1214
Authorization To Discharge Under the National Pollutant Discharge
Elimination System (NPDES) for Facilities Related to Oil and Gas
Extraction
In compliance with the provisions of the Clean Water Act, 33 U.S.C.
1251 et seq., as amended by the Water Quality Act of 1987, Public Law
100-4, the ``Act,'' the following discharges are authorized in
accordance with this General NPDES Permit:
------------------------------------------------------------------------
Discharge
Discharge name No.
------------------------------------------------------------------------
Sanitary Wastewater.......................................... 001
Domestic Wastewater.......................................... 002
Gravel Pit Dewatering........................................ 003
Construction Dewatering...................................... 004
------------------------------------------------------------------------
from facilities listed in Permit Part I.A. and authorized according to
Permit Part I.C. Discharges of pollutants not specifically set out in
this permit are not authorized.
The area of coverage is Alaska's North Slope Borough (see
Attachment C).
This permit shall become effective April 10, 1997.
This permit and the authorization to discharge shall expire at
midnight, April 10, 2002.
Signed this 27th day of February, 1997.
Philip G. Millam,
Director, Office of Water, Region 10, U.S. Environmental Protection
Agency.
Table of Contents
Cover Sheet--Issuance and Expiration Dates
I. Applicability and Notification Requirements
A. Applicability
B. Requests for Coverage
C. Authorization to Discharge
D. Notice of Intent to Commence Discharges
E. Termination of Discharges
F. Submission of Information
G. Changes from a General Permit to an Individual Permit
II. Effluent Limitations and Monitoring Requirements
A. Sanitary Wastewater Discharges
B. Domestic Wastewater Discharges
C. Gravel Pit Dewatering
D. Construction Dewatering
E. Best Management Practices Plan
F. Other Discharge Limitations
III. Monitoring, Recording, and Reporting Requirements
A. Representative Sampling
B. Reporting of Monitoring Results
C. Monitoring Procedures
D. Additional Monitoring by the Permittee
E. Records Contents
F. Retention of Records
G. Notice of Noncompliance Reporting
H. Other Noncompliance Reporting
I. Inspection and Entry
IV. Compliance Responsibilities
A. Duty to Comply
B. Penalties for Violations of Permit Conditions
C. Need to Halt or Reduce Activity not a Defense
D. Duty to Mitigate
E. Proper Operation and Maintenance
F. Removed Substances
G. Bypass of Treatment Facilities
H. Upset Conditions
I. Toxic Pollutants
V. General Requirements
A. Changes in Discharge of Toxic Substances
B. Planned Changes
C. Anticipated Noncompliance
D. Permit Actions
E. Duty to Reapply
F. Duty to Provide Information
G. Other Information
H. Signatory Requirements
I. Availability of Reports
J. Oil and Hazardous Substance Liability
K. Property Rights
L. Severability
M. Transfers
N. State Laws
O. Paperwork Reduction Act
VI. Definitions
I. Applicability and Notification Requirements
This permit does not authorize the discharge of pollutants to
waters of the United States until the requirements of I.B., I.C. and
I.D. below, are met.
A. Applicability
Discharges described in the following table can be authorized by
this general permit:
----------------------------------------------------------------------------------------------------------------
Discharge to
Outfall Facility ---------------------------
Fresh Marine
----------------------------------------------------------------------------------------------------------------
Sanitary (001)............................... Mobile Camps......................... X X\1\
Domestic (002)............................... Exploration.......................... X X\1\
Wastewater................................... Existing Development and Production.. X X\1\
New Source Development and Production X X\1\
Gravel Pit:
Dewatering (002) Direct or Tundra
Discharges........................... X ............
Ice Structures....................... X X\2\
Road Watering........................ X ............
Construction Direct or
Dewatering............................... Tundra Discharges.................... X
----------------------------------------------------------------------------------------------------------------
\1\ In the Coastal Area (defined in Permit Part VI.F.) and in the coverage area Subsequent to the NEPA process
identifying the GP as the preferred alternative.
\2\ Any area offshore of the coverage area.
B. Requests for Coverage
Persons requesting coverage under this general permit shall provide
to EPA a written request to be covered by this permit at least 45 days
prior to initiation of discharges. The request will be made in the form
of a Notice of Intent (NOI), Office of Management and Budget (OMB)
approval number 2040-0086. An NOI information sheet is Attachment A of
this general permit. The NOI shall be signed by a responsible on-site
representative.
C. Authorization to Discharge
The permittee's discharges are not authorized until the permittee
receives
[[Page 11186]]
written notification that EPA has assigned a permit number under this
general permit to operations at the discharge site. A permit number
cannot be assigned unless EPA has a completed NOI.
D. Notice of Intent to Commence Discharges
The permittee shall notify EPA, Region 10, no later than seven days
prior to initiation of discharges from the facility. The notification
shall include the exact coordinates (latitude and longitude) of the
operation. Mobile camps may designate an area where they will be
operating and if the operation takes them outside the designated area,
a new NOI would be necessary. Notification may be oral or in writing.
The Best Management Practices (BMP) Plan shall be in place no later
than the notification of commencement of discharges. If notification is
given orally, written notification must follow within seven days.
E. Termination of Discharges
The permittee shall notify EPA when General Permit coverage is no
longer needed at a site or within an area described by an NOI. This
will terminate permit coverage at the site or within the area. The
notification may be provided in a Discharge Monitoring Report (DMR),
OMB approval number 2040-0004, or under separate cover.
F. Submission of Information
Reports and notifications required herein shall be submitted to the
following address: Manager, NPDES Permits Unit, U.S. Environmental
Protection Agency, 1200 Sixth Avenue, OW-130, Seattle, WA 98101.
All monitoring reports and notifications of noncompliance: Manager,
NPDES Compliance Unit, U.S. Environmental Protection Agency, 1200 Sixth
Avenue, OW-133, Seattle, WA 98101.
All of the above information shall also be sent to: Alaska
Department of Environmental Conservation (ADEC), Watershed Development
Group--Industrial Permits, 555 Cordova Street, Anchorage, Alaska 99501.
G. Changes From a General Permit to an Individual Permit
1. The Director may require any permittee discharging under the
authority of this permit to apply for and obtain an individual NPDES
permit when any one of the following conditions exist:
a. The discharge(s) is (are) a significant contributor of
pollution.
b. The permittee is not in compliance with the conditions of this
general permit.
c. A change has occurred in the availability of the demonstrated
technology or practices for the control or abatement of pollutants
applicable to the point source.
d. A Water Quality Management Plan containing requirements
applicable to such a point source is approved.
e. The point sources covered by this permit no longer:
(1) Involve the same or substantially similar types of operations,
(2) Discharge the same types of waste,
(3) Require the same effluent limitations or operation conditions,
or
(4) Require the same or similar monitoring.
f. In the opinion of the Director, the discharges are more
appropriately controlled under an individual permit rather than under a
general NPDES permit.
2. The Director may require any permittee authorized by this permit
to apply for an individual NPDES permit only if the permittee has been
notified in writing that an individual permit application is required.
3. Any permittee authorized by this permit may request to be
excluded from the coverage of this general permit by applying for an
individual permit. The owner or operator shall submit an application
together with the reasons supporting the request to the Director no
later than 90 days after the effective date of the permit.
4. When an individual NPDES permit is issued to a permittee
otherwise subject to this general permit, the authorization to
discharge under this general permit is automatically terminated on the
effective date of the individual permit.
I. Effluent Limitations and Monitoring Requirements
During the effective period of this permit, discharges from the
following outfalls are authorized according to the terms and conditions
of this general permit:
A. Sanitary Wastewater Discharges--Discharge 001
Discharges of Sanitary Wastewater shall be limited and monitored by
the permittee in accordance with Parts III, IV, V and the following
requirements:
1. Specific Limitations
a. The pH shall not be less than 6.5 nor greater than 8.5.
b. The discharge shall not, alone or in combination with other
substances, cause a film, sheen or discoloration on the surface of the
water or adjoining shorelines.
c. The following limits shall apply:
Effluent Limitations
----------------------------------------------------------------------------------------------------------------
7-day 30-day Daily
Parameter (units) average average Maximum Units
----------------------------------------------------------------------------------------------------------------
Flow.................................... ........... ........... 15,000 Gallons/day.
Biochemical Oxygen Demand (BOD5)........ 45 30 60 mg/L.
Total Suspended Solids (TSS)............ 45 30 60 mg/L.
Fecal Coliform.......................... ........... 20 40 #/100 ml.
Total Residual Chlorine (TRC):
Open Waters......................... ........... ........... \1\2 g/L.
Frozen Tundra \2\................... ........... ........... 4 mg/L.
Summer Tundra \2\................... ........... ........... 2 mg/L.
----------------------------------------------------------------------------------------------------------------
\1\ In water bodies supporting salmonid fish, otherwise 10 g/L.
\2\ Discharges for no more than 5 days in one site.
2. Monitoring Requirements
[[Page 11187]]
Monitoring Requirements
----------------------------------------------------------------------------------------------------------------
Parameter Sample location Sampling frequency Type of sample
----------------------------------------------------------------------------------------------------------------
Total Flow......................... Effluent.................. Daily..................... Estimate.
BOD5............................... Effluent.................. Weekly.................... Grab.
TSS................................ Effluent.................. Weekly.................... Grab.
pH................................. Effluent.................. Weekly.................... Grab.
Fecal Coliform..................... Effluent.................. 1/Month................... Grab.
TRC................................ Effluent.................. Weekly.................... Grab.
----------------------------------------------------------------------------------------------------------------
3. Discharges to Tundra Wetlands
In addition to meeting the above effluent limitations, the BMP Plan
developed to comply with Permit Part II.E., below, will address such
items as relocating the discharge point after 5 days of discharge,
prevention of chlorine burn and excessive nutrient and/or sediment
loading of the tundra.
B. Domestic Wastewater Discharges--Discharge 002
Discharges of Domestic Wastewater shall be limited and monitored by
the permittee in accordance with Parts III, IV, V and the following
requirements:
1. Specific Limitations
a. The discharge shall not, alone or in combination with other
substances, cause a film, sheen or discoloration on the surface of the
water or adjoining shorelines.
b. Kitchen oils from food preparation shall not be discharged.
2. Monitoring Requirements
Monitoring Requirements
----------------------------------------------------------------------------------------------------------------
Parameter Sample location Sampling frequency Type of sample
----------------------------------------------------------------------------------------------------------------
Total Flow....................... Effluent................. Daily................... Estimate.
Floating Solids.................. Effluent................. Daily................... Observation.
Foam............................. Effluent................. Daily................... Observation.
Oily Sheen....................... Effluent................. Daily................... Observation.
----------------------------------------------------------------------------------------------------------------
3. Discharges to Tundra Wetlands
In addition to meeting the effluent limitations above, the BMP Plan
developed to comply with Permit Part II.E., below, will address such
items as relocating the discharge point after 5 days of discharge and
excessive sediment loading to the tundra.
C. Gravel Pit Dewatering--Discharge 003
Discharges from Gravel Pits shall be limited and monitored by the
permittee in accordance with Parts III, IV, V and the following
requirements:
1. Specific Limitations
Effluent Limitations
----------------------------------------------------------------------------------------------------------------
Parameter Minimum Maximum Units
----------------------------------------------------------------------------------------------------------------
Total Flow (MGD)............... 1.5 Million gallons per day.
Settleable Solids (SS)......... No increase above............ ........... ml/L.
natural conditions.
pH............................. 6.5.......................... 8.5 Standard Units (S.U.).
Oily Sheen.....................
(2) No discharge of floating
solids, visible foam or oily
wastes which may cause a film,
sheen, or discoloration on the
surface or floor of the water
body or adjoining shorelines.
Surface waters must be
virtually free from floating
oils.
----------------------------------------------------------------------------------------------------------------
2. Monitoring Requirements
Monitoring Requirements.
----------------------------------------------------------------------------------------------------------------
Parameter Sample location Sampling frequency Type of sample
----------------------------------------------------------------------------------------------------------------
Total Flow..................... Effluent............................ Daily.................. Estimate.
SS............................. Effluent............................ Weekly................. Grab.
Natural conditions \1\.............. Weekly................. Grab.
pH............................. Effluent............................ Weekly................. Grab.
Oily Sheen..................... Surface of the mine water and Daily.................. Visual.
receiving water.
----------------------------------------------------------------------------------------------------------------
\1\ When discharging to open waters.
[[Page 11188]]
3. Ice Structures, Road Watering and Discharges to Tundra Wetlands
a. The Best Management Practices (BMP) Plan (the BMP Plan)
developed to comply with Permit Part II.E., below, will address the
methods used to dewater a gravel pit to meet the effluent limitations
in Permit Part II.C.1. for a direct discharge.
b. Although effluent limitations will not be measured, the BMP Plan
shall specify the above methods as the way a gravel pit will be
dewatered when the water will be discharged to tundra wetlands or used
in ice structures and road watering.
c. The BMP Plan shall address, when necessary, the operation and
maintenance of the ice structures constructed using gravel pit water so
there will be no detrimental effects on water quality prior to the
melting of the ice road in the spring. The BMP Plan will also address,
when necessary, the use of gravel pit water for road watering and
outline the measures to prevent pollutants from the road bed from
reaching waters of the United States.
D. Construction Dewatering--Discharge 004
Construction Dewatering Discharges shall be limited and monitored
by the permittee in accordance with Parts III, IV, V and the following
requirements:
1. Specific Limitations
Effluent Limitations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Parameter Minimum Maximum Units
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Flow (GPD)................. ............................... ...................................... Gallons per day.
Settleable Solids (SS)........... No increase above.............. ml/L..................................
natural conditions.............
Turbidity........................ ............................... 5 NTUs above.......................... Nephelometric Units (NTU).
natural conditions....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Monitoring Requirements
Monitoring Requirements
----------------------------------------------------------------------------------------------------------------
Parameter Sample location Sampling frequency Type of sample
----------------------------------------------------------------------------------------------------------------
Total Flow.................... Effluent................................. Daily................ Estimate.
SS............................ Effluent................................. Daily................ Grab.
Natural conditions \1\................... Daily................ Grab.
Turbidity..................... Effluent................................. Daily................ Grab.
Natural conditions \1\................... Daily................ Grab.
----------------------------------------------------------------------------------------------------------------
\1\ When discharging to open waters.
3. Discharges to Tundra Wetlands
a. The BMP Plan developed to comply with Permit Part II.E., below,
shall address the methods used in construction dewatering to meet the
effluent limitations in Permit Part II.D.1. for a direct discharge.
b. While effluent limitations will not be measured, the BMP Plan
shall specify the above methods as the way construction dewatering will
occur when the water will be discharged to tundra wetlands.
E. Best Management Practices Plan
1. Development. The permittee shall during the term of this permit
operate the facility in accordance with the BMP Plan or in accordance
with subsequent amendments to the BMP Plan. The BMP Plan shall be ready
to implement when the 7 day notice of discharge is submitted. The
permittee shall also amend this Plan to incorporate practices which
shall achieve the objectives and specific requirements listed below. A
copy shall be kept on-site and shall be made available to EPA and ADEC
upon request.
2. Purpose. Through implementation of the BMP Plan the permittee
shall prevent or minimize the generation and the potential for the
release of pollutants from the facility to the waters of the United
States through normal operations and ancillary activities.
3. Objectives. The permittee shall develop and amend the BMP Plan
consistent with the following objectives for the control of pollutants.
a. The number and quantity of pollutants and the toxicity of the
effluent generated, discharged or potentially discharged at the
facility shall be minimized by the permittee to the extent feasible by
managing each influent waste stream in the most appropriate manner.
b. Under the BMP Plan, and any Standard Operating Procedures (SOPs)
included in the BMP Plan, the permittee shall ensure proper operation
and maintenance of the treatment facility.
4. Requirements. The BMP Plan shall be consistent with the
objectives in Part 3 above and the general guidance contained in the
publication entitled ``Guidance Manual for Developing Best Management
Practices'' (U.S. EPA, 1993) or any subsequent revisions to the
guidance document. The BMP Plan shall:
a. Be documented in narrative form, and shall include any necessary
plot plans, drawings or maps, and shall be developed in accordance with
good engineering practices. The BMP Plan shall be organized and written
with the following structure:
(1) Name and location of the facility.
(2) A statement of BMP policy.
(3) Structure, functions, and procedures of the Best Management
Practices Committee.
(4) Specific management practices and standard operating procedures
to achieve the above objectives, including, but not limited to, the
following:
(a) Modification of equipment, facilities, technology, processes,
and procedures, and
(b) Improvement in management, inventory control, materials
handling or general operational phases of the facility.
(5) Risk identification and assessment.
(6) Reporting of BMP incidents.
(7) Materials compatibility.
(8) Good housekeeping.
(9) Preventative maintenance.
(10) Inspections and records.
[[Page 11189]]
(11) Security.
(12) Employee training.
b. Include the following provisions concerning BMP Plan review:
(1) Be reviewed by appropriate engineering and managerial staff.
(2) Be reviewed and endorsed by the permittee's BMP Committee.
(3) Include a statement that the above reviews have been completed
and that the BMP Plan fulfills the requirements set forth in this
permit. The statement shall be certified by the dated signatures of
each BMP Committee member.
c. Establish specific best management practices to meet the
objectives identified in Part 3 this section, addressing each component
or system capable of generating or causing a release of significant
amounts of pollutants, and identifying specific preventive or remedial
measures to be implemented.
d. Establish specific best management practices or other measures
which ensure that the following specific requirements, if necessary,
are met:
(1) Provide for dewatering of the gravel mines.
(2) Provide for the use of diffusers or other energy-dissipating
structures at the terminus of the discharge pipes to minimize or abate
erosion resulting from the discharge.
(3) Prevent hydrocarbon contamination of the gravel mine pits from
equipment, machinery and other sources.
(4) Provide for the construction and use of settling ponds or
basins as necessary to comply with the effluent limits of the permit.
(5) Reflect requirements under CWA section 402(p) and the storm
water regulations at 40 CFR sections 122.26 and 122.44, and otherwise
eliminate, to the extent practicable, contamination of storm water
runoff.
(6) Require the use of low phosphate detergents.
5. Documentation. The permittee shall maintain a copy of the BMP
Plan at the facility and shall make the plan available to EPA or ADEC
upon request. All offices of the permittee which are required to
maintain a copy of the NPDES permit shall also maintain a copy of the
BMP Plan.
6. BMP Plan Modification. The permittee shall amend the BMP Plan
whenever there is a change in the facility or in the operation of the
facility which materially increases the generation of pollutants or
their release or potential release to the receiving waters. The
permittee shall also amend the BMP Plan, as appropriate, when
operations covered by the BMP Plan change. Any such changes to the BMP
Plan shall be consistent with the objectives and specific requirements
listed above. All changes in the BMP Plan shall be reviewed by the
appropriate engineering and managerial staff.
7. Modification for Ineffectiveness. At any time, if the BMP Plan
proves to be ineffective in achieving the general objective of
preventing and minimizing the generation of pollutants and their
release and potential release to the receiving waters and/or the
specific requirements above, the permit and/or the BMP Plan shall be
subject to modification to incorporate revised BMP requirements.
F. Other Discharge Limitations
This permit does not authorize the discharge of any waste streams,
including spills and other unintentional or non-routine discharges of
pollutants, that are not part of the normal operation of the facility
or any pollutants that are not ordinarily present in such waste
streams.
II. Monitoring, Recording, and Reporting Requirements
A. Representative Sampling
All samples for monitoring purposes shall be representative of the
monitored activity, 40 CFR 122.41(j). To determine compliance with
permit effluent limitations, ``grab'' samples shall be taken as
established under Permit Part II. Effluent samples shall be collected
prior to discharge to the receiving water.
B. Reporting of Monitoring Results
Monitoring results shall be summarized each month and reported on
EPA Form 3320-1 (Discharge Monitoring Report) and submitted annually to
the Environmental Protection Agency, Region 10, 1200 Sixth Avenue,
NPDES Compliance Unit OW-133, Seattle, Washington 98101-3188,
postmarked no later than January 31st for the preceding calendar year.
If there is no wastewater discharge, the Permittee shall mark the DMR
appropriately and submit the form as required above. If there is no
discharge from an outfall for several consecutive months, these months
may be combined on one DMR form (see Attachment B for an example).
Reports shall also be submitted to ADEC, Watershed Development Group--
Industrial Permits, 555 Cordova Street, Anchorage, AK 99501.
C. Monitoring Procedures
Monitoring must be conducted according to test procedures approved
under 40 CFR part 136, unless other test procedures have been specified
in this permit.
D. Additional Monitoring by the Permittee
If the Permittee monitors any pollutant more frequently than
required by this permit, using test procedures approved under 40 CFR
part 136 or as specified in this permit, the results of this monitoring
shall be included in the calculation and reporting of the data
submitted in the DMR. Such increased frequency shall also be indicated.
E. Records Contents
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.
F. Retention of Records
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 three years from the date of the sample, measurement, report or
application. This period may be extended by request of the Regional
Administrator or ADEC at any time. Data collected on-site, copies of
Discharge Monitoring Reports, and a copy of this NPDES permit must be
maintained on-site for the duration of activity at the permitted
location.
G. Notice of Noncompliance Reporting
1. Any noncompliance which may endanger health or the environment
shall be reported as soon as the Permittee becomes aware of the
circumstance. A written submission shall also be provided in the
shortest reasonable period of time after the Permittee becomes aware of
the occurrence.
2. The following occurrences of noncompliance shall also be
reported in writing in the shortest reasonable period of time after the
Permittee becomes aware of the circumstances:
a. Any unanticipated bypass which exceeds any effluent limitation
in the permit (See Permit Part IV.G., Bypass of Treatment Facilities.);
or
[[Page 11190]]
b. Any upset which exceeds any effluent limitation in the permit
(See Permit Part IV.H., Upset Conditions.).
3. The written submission shall contain:
a. A description of the noncompliance and its cause;
b. The period of noncompliance, including exact dates and times;
c. The estimated time noncompliance is expected to continue if it
has not been corrected; and
d. Steps taken or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
4. The Regional Administrator may waive the written report on a
case-by-case basis if an oral report has been received within 24 hours
by the NPDES Compliance Unit in Seattle, Washington, by phone, (206)
553-1846.
5. Reports shall be submitted to the addresses in Permit Part
III.B., Reporting of Monitoring Results.
H. Other Noncompliance Reporting
Instances of noncompliance not required to be reported in Permit
Part III.G. above shall be reported at the time that monitoring reports
for Permit Part II.A. are submitted. The reports shall contain the
information listed in Permit Part III.G.3.
I. Inspection and Entry
The Permittee shall allow the Regional Administrator, ADEC, or an
authorized representative (including an authorized contractor acting as
a representative of the Administrator), upon the presentation of
credentials and other documents as may be required by law, to:
1. 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;
2. Have access to and copy, at reasonable times, any records that
must be kept under the conditions of this permit;
3. At reasonable times, inspect any facilities, equipment
(including monitoring and control equipment), practices, or operations
regulated or required under this permit; and
4. Sample or monitor at reasonable times, for the purpose of
assuring permit compliance or as otherwise authorized by the Act, any
substances or parameters at any location.
III. Compliance Responsibilities
A. Duty to Comply
The Permittee must comply with all conditions of this permit. Any
permit noncompliance constitutes a violation of the Act and is grounds
for enforcement action; for permit termination, revocation and
reissuance, or modification; or for denial of a permit renewal
application. The Permittee shall give advance notice to the Regional
Administrator and ADEC of any planned changes in the permitted facility
or activity which may result in noncompliance with permit requirements.
B. Penalties for Violations of Permit Conditions
1. Civil and Administrative Penalties
Sections 309(d) and 309(g) of the Act provides that any person who
violates a permit condition implementing sections 301, 302, 306, 307,
308, 318, or 405 of the Act shall be subject to a civil penalty, not to
exceed $25,000 per day for each violation.
2. Criminal Penalties
a. Negligent Violations. The Act provides that any person who
negligently violates a permit condition implementing sections 301, 302,
306, 307, 308, 318, or 405 of the Act shall be punished by a fine of
not less than $2,500 nor more than $25,000 per day of violation, or by
imprisonment for not more than one year, or by both.
b. Knowing Violations. The Act provides that any person who
knowingly violates a permit condition implementing sections 301, 302,
306, 307, 308, 318, or 405 of the Act shall be punished by a fine of
not less than $5,000 nor more than $50,000 per day of violation, or by
imprisonment for not more than three years, or by both.
c. Knowing Endangerment. The Act provides that any person who
knowingly violates a permit condition implementing sections 301, 302,
306, 307, 308, 318, or 405 of the Act, and who knows at that time that
he thereby places another person in imminent danger of death or serious
bodily injury, shall, upon conviction, be subject to a fine of not more
than $250,000 or imprisonment of not more than 15 years, or both. A
person that is an organization shall, upon conviction of violating this
subparagraph, be subject to a fine of not more than $1,000,000.
d. False Statements. The Act provides that any person who knowingly
makes any false material statement, representation, or certification in
any application, record, report, plan, or other document filed or
required to be maintained under this Act or who knowingly falsifies,
tampers with, or renders inaccurate any monitoring device or method
required to be maintained under this Act, shall upon conviction, be
punished by a fine of not more that $10,000, or by imprisonment for not
more than 2 years, or by both.
Except as provided in permit conditions in Permit Part IV.G.,
Bypass of Treatment Facilities and Permit Part IV.H., Upset Conditions,
nothing in this permit shall be construed to relieve the Permittee of
the civil or criminal penalties for noncompliance.
C. Need to Halt or Reduce Activity 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.
D. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or
prevent any discharge in violation of this permit which has a
reasonable likelihood of adversely affecting human health or the
environment.
E. 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. 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 which are installed
by a Permittee only when the operation is necessary to achieve
compliance with the conditions of the permit.
F. Removed Substances
Solids, sludges, or other pollutants removed in the course of
treatment or control of wastewaters shall be disposed of in a manner so
as to prevent any pollutant from such materials from entering navigable
waters.
G. Bypass of Treatment Facilities
1. 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 2 and 3 of this section.
2. Notice
a. Anticipated bypass. If the Permittee knows in advance of the
need
[[Page 11191]]
for a bypass, it shall submit prior notice, if possible at least 10
days before the date of the bypass.
b. Unanticipated bypass. The Permittee shall submit notice of an
unanticipated bypass as required under Permit Part III.G., Notice of
Noncompliance Reporting.
3. Prohibition of Bypass
a. Bypass is prohibited and the Regional Administrator or ADEC may
take enforcement action against a Permittee for a bypass, unless:
(1) The bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
(2) 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
(3) The Permittee submitted notices as required under paragraph 2
of this section.
b. The Regional Administrator and ADEC may approve an anticipated
bypass, after considering its adverse effects, if the Regional
Administrator and ADEC determine that it will meet the three conditions
listed above in paragraph 3.a. of this section.
H. Upset Conditions
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 2 of this section are met.
No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial
review.
2. 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:
a. An upset occurred and that the Permittee can identify the
cause(s) of the upset;
b. The permitted facility was being properly operated at the time;
c. The Permittee submitted notice of the upset as required under
Permit Part III.G., Notice of Noncompliance Reporting; and
d. The Permittee complied with any remedial measures required under
Permit Part III.D., Duty to Mitigate.
3. Burden of Proof
In any enforcement proceeding, the Permittee seeking to establish
the occurrence of an upset has the burden of proof.
I. Toxic Pollutants
The Permittee shall comply with effluent standards or prohibitions
established under Section 307(a) of the Act for toxic pollutants within
the time provided in the regulations that establish those standards or
prohibitions, even if the permit has not yet been modified to
incorporate the requirement.
IV. General Requirements
A. Changes in Discharge of Toxic Substances
Notification shall be provided to the Regional Administrator and
ADEC as soon as the Permittee knows of, or has reason to believe:
1. That any activity has occurred or will occur which would result
in the discharge, on a routine or frequent basis, of any toxic
pollutant which is not limited in the permit, if that discharge will
exceed the highest of the following ``notification levels'':
a. One hundred micrograms per liter (100 g/l);
b. Two hundred micrograms per liter (200 g/l) for acrolein
and acrylonitrile; five hundred micrograms per liter (500 g/l)
for 2,4-dinitrophenol and for 2-methyl-4, 6-dinitrophenol; and one
milligram per liter (1 mg/l) for antimony;
c. Five (5) times the maximum concentration value reported for that
pollutant in the permit application in accordance with 40 CFR
122.21(g)(7); or
d. The level established by the Regional Administrator in
accordance with 40 CFR 122.44(f).
2. That any activity has occurred or will occur which would result
in any discharge, on a non-routine or infrequent basis, of a toxic
pollutant which is not limited in the permit, if that discharge will
exceed the highest of the following ``notification levels'':
a. Five hundred micrograms per liter (500 g/l);
b. One milligram per liter (1 mg/l) for antimony;
c. Ten (10) times the maximum concentration value reported for that
pollutant in the permit application in accordance with 40 CFR
122.21(g)(7); or
d. The level established by the Regional Administrator in
accordance with 40 CFR 122.44 (f).
B. Planned Changes
The Permittee shall give notice to the Regional Administrator and
ADEC 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 as
determined 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 neither to effluent limitations
in the permit, nor to notification requirements under Permit Part
V.A.1.
C. Anticipated Noncompliance
The Permittee shall also give advance notice to the Regional
Administrator and ADEC of any planned changes in the permitted facility
or activity which may result in noncompliance with permit requirements.
D. 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.
E. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this
permit after the expiration date of this permit, the Permittee must
apply for and obtain a new permit. The application should be submitted
at least 180 days before the expiration date of this permit.
F. Duty to Provide Information
The Permittee shall furnish to the Regional Administrator and ADEC,
within a reasonable time, any information which the Regional
Administrator or ADEC 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 or ADEC, upon request, copies of records
required to be kept by this permit.
G. Other Information
When the Permittee becomes aware that it failed to submit any
relevant facts
[[Page 11192]]
in a permit application, or submitted incorrect information in a permit
application or any report to the Regional Administrator or ADEC, it
shall promptly submit such facts or information.
H. Signatory Requirements
All applications, reports or information submitted to the Regional
Administrator and ADEC shall be signed and certified.
1. All permit applications shall be signed as follows:
a. For a corporation: by a responsible corporate officer.
b. For a partnership or sole proprietorship: By a general partner
or the proprietor, respectively.
c. For a municipality, state, federal, or other public agency: by
either a principal executive officer or ranking elected official.
2. All reports required by the permit and other information
requested by the Regional Administrator or ADEC shall be signed by a
person described above or by a duly authorized representative of that
person. A person is a duly authorized representative only if:
a. The authorization is made in writing by a person described above
and submitted to the Regional Administrator and ADEC, and
b. The authorization specified either an individual or a position
having responsibility for the overall operation of the regulated
facility or activity, such as the position of plant manager, operator
of a well or a well field, superintendent, position of equivalent
responsibility, or an individual or position having overall
responsibility for environmental matters for the company. (A duly
authorized representative may thus be either a named individual or any
individual occupying a named position.)
3. Changes to authorization. If an authorization under paragraph
IV.H.2. is no longer accurate because a different individual or
position has responsibility for the overall operation of the facility,
a new authorization satisfying the requirements of paragraph IV.H.2.
must be submitted to the Regional Administrator and ADEC prior to or
together with any reports, information, or applications to be signed by
an authorized representative.
4. Certification. Any person signing a document under this section
shall make the following certification: ``I certify under penalty of
law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure
that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge
and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.''
I. Availability of Reports
Except for data determined to be confidential under 40 CFR part 2,
all reports prepared in accordance with the terms of this permit shall
be available for public inspection at the offices of the Regional
Administrator and ADEC. As required by the Act, permit applications,
permits and effluent data shall not be considered confidential.
J. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the Permittee from any
responsibilities, liabilities, or penalties to which the Permittee is
or may be subject under section 311 of the Act.
K. Property Rights
The issuance of this permit does not convey any property rights of
any sort, or any exclusive privileges, nor does it authorize any injury
to private property or any invasion of personal rights, nor any
infringement of federal, state or local laws or regulations.
L. Severability
The provisions of this permit are severable, and if any provision
of this permit, or the application of any provision of this permit to
any circumstance, is held invalid, the application of such provision to
other circumstances, and the remainder of this permit, shall not be
affected thereby.
M. Transfers
This permit may be automatically transferred to a new Permittee if:
1. The current Permittee notifies the Regional Administrator at
least 30 days in advance of the proposed transfer date;
2. The notice includes a written agreement between the existing and
new Permittees containing a specific date for transfer of permit
responsibility, coverage, and liability between them; and
3. The Regional Administrator does not notify the existing
Permittee and the proposed new Permittee of his or her intent to
modify, or revoke and reissue the permit. If this notice is not
received, the transfer is effective on the date specified in the
agreement mentioned in paragraph 2 above.
N. State Laws
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the Permittee from any
responsibilities, liabilities, or penalties established pursuant to any
applicable state law or regulation under authority preserved by section
510 of the Act.
O. Paperwork Reduction Act
EPA has reviewed the requirements imposed on regulated facilities
in this final general permit under the Paperwork Reduction Act of 1980,
44 U.S.C. 3501 et seq. The information collection requirements of this
permit have already been approved by the Office of Management and
Budget in submissions made for the NPDES permit program under the
provisions of the Clean Water Act. No comments from OMB or the public
were received on the information collection requirements in this
permit.
V. Definitions
A. ADEC means the Alaska Department of Environmental Conservation.
B. 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.
C. Average weekly discharge limitation means the highest allowable
average of a minimum of seven consecutive days of samples.
D. BOD\5\ means Biochemical Oxygen Demand.
E. Bypass means the intentional diversion of waste streams from any
portion of a treatment facility.
F. Coastal means any location in or on a water of the United States
landward of the inner boundary of the territorial seas.
G. 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
measurement, the ``daily discharge'' is
[[Page 11193]]
calculated as the average measurement of the pollutant over the day.
H. Domestic Wastewater means materials discharged from showers,
sinks, safety showers, eye-wash stations, hand-wash stations, fish-
cleaning stations, galleys and laundries.
I. EPA means the Environmental Protection Agency.
J. GPD means Gallons per day.
K. A Grab sample is a single sample or measurement taken at a
specific time or over as short a period of time as is feasible.
L. Maximum daily discharge limitation means the highest allowable
``daily discharge.''
M. mg/L means milligram per liter.
N. ml/L means milliliter per liter.
O. Natural condition means any physical, chemical, biological, or
radiological condition existing in a waterbody before any human-caused
influence on, discharge to, or addition of material to, the waterbody.
P. The Plan means the Best Management Practices Plan.
Q. Salmonid fish means fish in the family Salmonidae including but
not limited to salmon, grayling, whitefish, char, trout, ciscoe, and
inconnu.
R. Sanitary wastewater means human body waste discharge from
toilets and urinals.
S. 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.
T. SS means settleable solids.
U. Territorial seas means the belt of the seas measured from the
line of ordinary low water along that portion of the coast which is in
direct contact with the open sea and the line marking the seaward limit
of inland waters, and extending seaward a distance of three miles.
V. TSS means Total Suspended Solids.
W. g/L means microgram per liter.
X. Upset means an exception incident in which there is
unintentional and temporary noncompliance 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.
Attachment A
Company Name, Address, Phone Number
Facility Name, Location
Type of Facility, Is it a new source?
Type of wastewater
Receiving Water
Expected daily volume
Signature of responsible on-site official
Date
ATTACHMENTS B and C are available upon request.
[FR Doc. 97-6020 Filed 3-10-97; 8:45 am]
BILLING CODE 6560-50-P
