99-15977. Final NPDES General Permit for Discharges From Petroleum Bulk Stations and Terminals in Texas (TXG340000)  

  • [Federal Register Volume 64, Number 122 (Friday, June 25, 1999)]
    [Notices]
    [Pages 34243-34253]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-15977]
    
    
    -----------------------------------------------------------------------
    
    ENVIRONMENTAL PROTECTION AGENCY
    
    [FRL-6365-5]
    
    
    Final NPDES General Permit for Discharges From Petroleum Bulk 
    Stations and Terminals in Texas (TXG340000)
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final Issuance of NPDES general permit.
    
    -----------------------------------------------------------------------
    
    SUMMARY: EPA Region 6 today issues a National Pollutant Discharge 
    Elimination System (NPDES) general permit authorizing discharges of 
    facility waste water and contact storm water from petroleum bulk 
    stations and terminals in Texas. This permit covers facilities having 
    Standard Industrial Classification (SIC) Code 5171.
        The permit has limits on Total Petroleum Hydrocarbons, benzene, 
    Total BTEX (sum of benzene, toluene, ethyl benzene and xylene), Total 
    Lead and pH. There is also a requirement of no acute toxicity as 
    determined by requiring greater than 50% survival in 100% effluent 
    using a 24 hour acute test. In addition, the permit has limits on 
    arsenic, barium, cadmium, chromium, copper, manganese, mercury, nickel, 
    selenium, silver and zinc as contained in Texas Natural Resource 
    Conservation Commission (TNRCC) Regulations for Hazardous Metals (30 
    TAC 319, Subchapter B), as well as requirements for no discharge of 
    floating solids or visible foam in other than trace amounts, and no 
    discharge of visible oil. There is also the requirement to develop and 
    implement a pollution prevention plan for the storm water discharges 
    authorized by this permit.
    
    DATES: The limits and monitoring requirements in this permit shall 
    become effective on July 26, 1999.
    
    FOR FURTHER INFORMATION CONTACT: Ms. Wilma Turner, EPA Region 6, 1445 
    Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7516. Copies 
    of the complete response to comments may be obtained from Ms. Turner. 
    The complete response to comments and final permit can also be found on 
    the Internet at http://www.epa.gov/earth1r6/6wq/6wq.htm.
    
    SUPPLEMENTARY INFORMATION: Regulated categories and entities include:
    
    ------------------------------------------------------------------------
                    Category                 Examples of regulated  entities
    ------------------------------------------------------------------------
    Industry...............................  Operators of petroleum bulk
                                              stations and terminals.
    ------------------------------------------------------------------------
    
        This table is not intended to be exhaustive, but rather provides a 
    guide for readers regarding entities likely to be regulated by this 
    action. This table lists the types of entities that EPA is now aware 
    could potentially be regulated by this action. Other types of entities 
    not listed in the table could also be regulated. To determine whether 
    your (facility, company, business, organization, etc.) is regulated by 
    this action, you should carefully examine the applicability criteria in 
    Part I, Section A.1 of this permit. If you have questions regarding the 
    applicability of this action to a particular entity, consult the person 
    listed in the preceding FOR FURTHER INFORMATION CONTACT section.
        Pursuant to section 402 of the Clean Water Act (CWA), 33 U.S.C. 
    section 1342, EPA proposed and solicited public comment on NPDES 
    General Permit TXG340000 at 63 FR 41848 (August 5, 1998). The comment 
    period closed on October 5, 1998. Region 6 received written comments 
    from Texas Natural Resources Conservation Commission, Texas Oil and Gas 
    Association, Chevron Products Company, and DynMcDermott Petroleum 
    Operations Company.
        EPA Region 6 has considered all comments received. In response to 
    the comments, EPA agrees to extend the time for existing dischargers 
    from no later than 30 days to no later than 90 days from the permit 
    effective date to submit Notices of Intent to be covered by the permit. 
    In addition, EPA agrees to reduce the monitoring frequency for the 24 
    hour acute toxicity requirement from twice per year to once per year, 
    and to allow a facility with multiple storm water outfalls discharging 
    substantially identical storm water effluents to collect and analyze an 
    effluent sample for one of those outfalls and report that the data also 
    applies to the other substantially identical outfalls.
    
    Other Legal Requirements
    
    A. State Certification
    
        Under section 401(a)(1) of the Act, EPA may not issue an NPDES 
    permit until the State in which the discharge will originate grants or 
    waives certification to ensure compliance with appropriate requirements 
    of the Act and State law. The Region has received certification, dated 
    August 14, 1998, from the Texas Natural Resources Conservation 
    Commission for NPDES General Permit TXG340000.
    
    B. Endangered Species Act
    
        EPA has determined that issuance of this general permit is unlikely 
    to adversely affect any threatened or endangered species or its 
    critical habitat. EPA sought written concurrence from the United States 
    Fish and Wildlife Service on this determination. In a letter dated 
    September 2, 1998, the United States Fish and Wildlife Service 
    concurred with EPA's finding that issuance of this general permit is 
    not likely to adversely affect any federally listed species, provided 
    that two general concerns were addressed in the permit. The first 
    concern was in regard to the 24-hour acute testing requirement. The 
    Service was concerned that the permit language does not specify as to 
    how test
    
    [[Page 34244]]
    
    organisms, daphnia pulex and the fathead minnow, are used in testing. 
    The Service stated that the permit should state that testing of the 
    effluent requires both species and that failure with either species 
    beyond the 50% survival in 100% effluent would constitute failure. The 
    second concern was that the permit should include language that 
    permittees located in counties overlying the San Antonio and Barton 
    Springs portion of the Edwards Aquifer (Kinney, Travis, Williamson, 
    Uvalde, Medina, Bexar, Blanco, Hays, and Comal Counties) must consult 
    the Edwards Aquifer Rules (30 TAC Chapter 213) and its amendments. In 
    response to the Service's concerns, a requirement has been added to the 
    Part I.C of the final permit requiring compliance with 30 TAC 213 
    (Edwards Aquifer Rules). The requirements for 24-hour acute testing 
    contained in Part I.C and I.F of the permit already address the 
    Service's concern regarding the 24 hour acute testing requirement.
    
    C. Coastal Coordination Act
    
        Pursuant to Section 506.20 of 31 TAC of the Coastal Coordination 
    Act, the Texas Coastal Coordination Council has reviewed the permit for 
    consistency with the Texas Coastal Management Program. The Council has 
    determined that the permit is consistent with the Texas Coastal 
    Management Program goals and policies.
    
    D. Historic Preservation Act
    
        Facilities which adversely affect properties listed or eligible for 
    listing in the National Register of Historical Places are not 
    authorized to discharge under this permit.
    
    E. Executive Order 12866
    
        The Office of Management and Budget (OMB) has exempted this action 
    from the review requirements of Executive Order 12866.
    
    F. Paperwork Reduction Act
    
        The information collection required by this permit has been 
    approved by OMB under the provisions of the Paperwork Reduction Act, 44 
    U.S.C. 3501 et seq., in submission made for the NPDES permit program 
    and assigned OMB control numbers 2040-0086 (NPDES permit application) 
    and 2040-0004 (discharge monitoring reports).
    
    G. Unfunded Mandates Reform Act
    
        Section 201 of the Unfunded Mandates Reform Act (UMRA), P.L. 104-4, 
    generally requires Federal agencies to assess the effects of their 
    ``regulatory actions'' on State, local, and tribal governments and the 
    private sector. UMRA uses the term ``regulatory actions'' to refer to 
    regulations. (See, e.g., UMRA section 201, ``Each agency shall * * * 
    assess the effects of Federal regulatory actions * * * (other than to 
    the extent that such regulations incorporate requirements specifically 
    set forth in law)'' (emphasis added)). UMRA section 102 defines 
    ``regulation'' by reference to section 658 of Title 2 of the U.S. Code, 
    which in turn defines ``regulation'' and ``rule'' by reference to 
    section 601(2) of the Regulatory Flexibility Act (RFA). That section of 
    the RFA defines ``rule'' as ``any rule for which the agency publishes a 
    notice of proposed rulemaking pursuant to section 553(b) of [the 
    Administrative Procedure Act (APA)], or any other law * * *''
        NPDES general permits are not ``rules'' under the APA and thus not 
    subject to the APA requirement to publish a notice of proposed 
    rulemaking. NPDES general permits are also not subject to such a 
    requirement under the CWA. While EPA publishes a notice to solicit 
    public comment on draft general permits, it does so pursuant to the CWA 
    section 402(a) requirement to provide ``an opportunity for a hearing.'' 
    Thus, NPDES general permits are not ``rules'' for RFA or UMRA purposes.
        EPA thinks it is unlikely that this permit issuance would contain a 
    Federal requirement that might result in expenditures of $100 million 
    or more for State, local and tribal governments, in the aggregate, or 
    the private sector in any one year.
        The Agency also believes that the permit issuance would not 
    significantly nor uniquely affect small governments. For UMRA purposes, 
    ``small governments'' is defined by reference to the definition of 
    ``small governmental jurisdiction'' under the RFA. (See UMRA section 
    102(1), referencing 2 U.S.C. 658, which references section 601(5) of 
    the RFA.) ``Small governmental jurisdiction'' means governments of 
    cities, counties, towns, etc., with a population of less than 50,000, 
    unless the agency establishes an alternative definition.
        The permit issuance also will not uniquely affect small governments 
    because compliance with the proposed permit conditions affects small 
    governments in the same manner as any other entities seeking coverage 
    under the permit.
    
    H. Regulatory Flexibility Act
    
        The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires that 
    EPA prepare a regulatory flexibility analysis for regulations that have 
    a significant impact on a substantial number of small entities. 
    Compliance with the permit requirements will not result in a 
    significant impact on dischargers, including small businesses, covered 
    by this permit. EPA Region 6 therefore concludes that issuance of this 
    permit will not have a significant impact on a substantial number of 
    small entities.
    
    Authorization To Discharge Under the National Pollutant Discharge 
    Elimination System
    
        In compliance with the provisions of the Federal Water Pollution 
    Control Act, as amended (33 U.S.C. 1251 et seq.: the ``Act''), this 
    permit authorizes discharges to Waters of the United States of facility 
    waste water and contact storm water from petroleum bulk stations and 
    terminals in Texas. The discharges are authorized in accordance with 
    effluent limitations and other conditions set forth in Parts I and II 
    of this permit.
        In order for discharges to be authorized by this permit, operators 
    of facilities discharging waste waters from petroleum bulk stations and 
    terminals must submit written notification to the Regional 
    Administrator that they intend to be covered (See Part I.A.2). For 
    existing discharges, the notification must be submitted no later than 
    90 days after the effective date of this permit. For new dischargers, 
    the notification must be submitted at least 30 days prior to the 
    beginning of a discharge. Unless otherwise notified in writing by the 
    Regional Administrator after submission of the notification, operators 
    requesting coverage are authorized to discharge under this general 
    permit. Operators who fail to notify the Regional Administrator of 
    intent to be covered are not authorized to discharge under this general 
    permit.
        Facilities which adversely affect properties listed or eligible for 
    listing in the National Register of Historic Places are not authorized 
    to discharge under this permit.
        This permit shall become effective at midnight, Central Time on 
    July 26, 1999.
        This permit and the authorization to discharge shall expire at 
    midnight, Central Time on July 26, 2004.
    
    
    [[Page 34245]]
    
    
        Signed this 3rd day of June, 1999.
    Oscar Ramirez, Jr.,
    Acting Director, Water Quality Protection Division, EPA Region 6.
    
    Part I
    
    Section A. Permit Applicability and Coverage Conditions
    
    1. Discharges Covered
        This permit covers discharges of facility waste water and contact 
    storm water from petroleum bulk stations and terminals to Waters of the 
    United States in Texas. This permit covers facilities having Standard 
    Industrial Classification (SIC) Code 5171. This permit does not 
    authorize the discharge of domestic sewage.
    2. Notice of Intent (NOI) To Be Covered
        Dischargers desiring coverage under this general NPDES permit must 
    submit a Notice of Intent (NOI) which shall include the legal name and 
    address of the operator, the location of the discharge (including the 
    street address, if applicable, and the county of the facility for which 
    the notification is submitted), the name of the receiving water, and a 
    description of the facility(s) (including the types of petroleum 
    products or fuels being distributed, whether contact storm water is 
    discharged). This NOI must be submitted no later than 90 days after the 
    effective date of this permit for existing discharges and, for new 
    discharges, at least 30 days before beginning the discharge.
        All notifications of intent to be covered and any subsequent 
    reports shall be sent to the following address: Water Enforcement 
    Branch (6EN-WC), U.S. Environmental Protection Agency, Region 6, P.O. 
    Box 50625, Dallas, TX 75250.
        Upon receipt of the notification, EPA will notify the facility of 
    its specific facility identification number that must be used on all 
    correspondence with the Agency.
    3. Termination of Operations
        When all discharges associated with activities authorized by this 
    permit are eliminated, or when the operator of the discharge associated 
    with activity at a facility changes, the operator of the facility must 
    submit a Notice of Termination that is signed in accordance with Part 
    II.D.11 of this permit. The Notice of Termination shall include the 
    following information: legal name, mailing address and telephone number 
    of the operator; the facility identification number assigned by the 
    Agency; and the location of the discharge.
    
    Section B. Individual Permits
    
        1. Any operator authorized by this permit may request to be 
    excluded from the coverage under this general permit by applying for an 
    individual permit. The operator shall submit an application together 
    with the reasons supporting the request to the Regional Administrator.
        2. When an individual NPDES permit is issued to an operator 
    otherwise subject to this general permit, the applicability of the 
    general permit to the permittee is automatically terminated on the 
    effective date of the individual permit.
    
    Section C. General Permit Limits
    
    ----------------------------------------------------------------------------------------------------------------
                                                                                                      Monitoring
                 Parameter                        Daily max limit               Sample type           frequency
    ----------------------------------------------------------------------------------------------------------------
    Flow...............................  N/A..............................  Estimate...........  Daily
    Total Petroleum Hydrocarbons.......  15 mg/l..........................  Grab...............  1/week (3)
    Benzene............................  0.05 mg/l........................  Grab...............  1/week (3)
    Total BTEX (1).....................  0.5 mg/l.........................  Grab...............  1/week (3)
    Total Lead (2).....................  0.25 mg/l........................  Grab...............  1/week (3)
    pH.................................  6.0--9.0 Std. Units..............  Grab...............  1/week (3)
    ----------------------------------------------------------------------------------------------------------------
    
    Notes to table:
    
        If discharge occurs less frequently than the minimum monitoring 
    frequency, monitoring shall be conducted for each discharge event. 
    For a discharge consisting of contact storm water only, the sample 
    shall be obtained within 60 minutes after discharge begins.
        (1) The sum of benzene, toluene, ethyl benzene and xylene.
        (2) The monitoring requirements for lead will be once per year 
    upon the permittee's submission of a certification that none of the 
    substances stored at the facility include refined petroleum products 
    or petroleum fuels containing lead or lead additives. If at a later 
    date, refined petroleum products or petroleum fuels containing lead 
    or lead additives are stored, the permittee must notify the 
    regulatory agency and the lead monitoring frequency will become once 
    per week.
        (3) If compliance with a limit is demonstrated for a period of 
    two years, the minimum frequency shall be reduced to once per two 
    weeks upon the permittee's submission of a certification of such 
    compliance. If a subsequent non compliance occurs, the frequency 
    shall revert to once per week.
    
    ----------------------------------------------------------------------------------------------------------------
                                                                          Monthly
                                                                      average  Limit    Daily  max     Single  grab
                                                                           (mg/l)      Limit  (mg/l)   Limit  (mg/l)
    ----------------------------------------------------------------------------------------------------------------
    Arsenic*........................................................            .1              .2               .3
    Barium*.........................................................           1.0             2.0              4.0
    Cadmium* (Inland Waters)........................................            .05             .1               .2
    Cadmium* (Tidal Waters).........................................            .1              .2               .3
    Chromium*.......................................................            .5             1.0              5.0
    Copper*.........................................................            .5             1.0              2.0
    Manganese*......................................................           1.0             2.0              3.0
    Mercury*........................................................            .005            .005             .01
    Nickel*.........................................................           1.0             2.0              3.0
    Selenium* (Inland Waters).......................................            .05             .1               .2
    Selenium* (Tidal Waters)........................................            .1              .2               .3
    Silver *........................................................            .05             .1               .2
    Zinc*...........................................................           1.0             2.0              6.0
    ----------------------------------------------------------------------------------------------------------------
    * Monitoring frequency shall be a minimum of once per year using grab samples.
    
    
    [[Page 34246]]
    
        There shall be no discharge of floating solids or visible foam in 
    other than trace amounts and no discharge of visible oil.
        There shall be no acute toxicity as determined by requiring greater 
    than 50% survival in 100% effluent using a 24 hour acute test. See 
    Section I.F of this permit. Monitoring shall be a minimum of once per 
    year using grab samples. See Section I.D of this permit.
        Permittees are prohibited from causing or allowing any activity 
    pursuant to this permit which would be in violation of Title 30 Texas 
    Administrative Code, Chapter 213 (Edwards Aquifer Rules).
    
    Section D. Monitoring at Substantially Identical Storm Water Outfalls
    
        Note: The requirements of this section apply to storm water only 
    outfalls. They do not apply to outfalls containing facility waste 
    water.
    
        When a facility has two or more storm water outfalls that, based on 
    a consideration of industrial activity, significant materials, and 
    management practices and activities within the area drained by the 
    outfall, the permittee reasonably believes discharge substantially 
    identical effluents, the permittee may collect a sample of effluent of 
    one of such outfalls and report that the examination data also applies 
    to the substantially identical outfalls provided that the permittee 
    includes in the storm water pollution prevention plan a description of 
    the location of the outfalls and explains in detail why the outfalls 
    are expected to discharge substantially identical effluents. In 
    addition, for each outfall that the permittee believes is 
    representative, an estimate of the size of the drainage area (in square 
    feet) and an estimate of the runoff coefficient of the drainage area 
    (e.g., low (under 40%), medium (40 to 65%), or high (above 65%)) shall 
    be provided in the plan.
    
    Section E. Pollution Prevention Plan
    
        A Pollution Prevention Plan shall be prepared and implemented for 
    each facility covered by this permit. The plan shall identify potential 
    sources of pollution that may reasonably be expected to affect the 
    quality of contact storm water discharges from the facility. In 
    addition, the plan shall describe and ensure the implementation of 
    practices that are to be used to reduce the pollutants in contact storm 
    water discharges at the facility and to assure compliance with the 
    terms and conditions of this permit. Facilities must implement the 
    provisions of the storm water pollution prevention plan as a condition 
    of this permit.
        The plan shall be signed in accordance with Part II of the permit 
    (Signatory Requirements) and be retained onsite at the facility that 
    generates the storm water discharge in accordance with Part II 
    (Retention of Records) of the permit.
        The Director, or authorized representative, may notify the 
    permittee at any time that the plan does not meet one or more of the 
    minimum requirements of this part. Such notification shall identify 
    those provisions of the permit that are not being met by the plan, and 
    identify which provisions of the plan requires modifications in order 
    to meet the minimum requirements of this part. Within 30 days of such 
    notification, the permittee shall make the required changes to the plan 
    and shall submit to the Director a written certification that the 
    requested changes have been made.
        The permittee shall amend the plan whenever there is a change in 
    design, construction, operation, or maintenance, that has a significant 
    effect on the potential for the discharge of pollutants to waters of 
    the United States or if the storm water pollution prevention plan 
    proves to be ineffective in eliminating or significantly minimizing 
    pollutants from sources identified in the contents of the plan, or in 
    otherwise achieving the general objectives of controlling pollutants in 
    the contact storm water discharges.
        The plan shall include, at a minimum, the following items:
        1. Pollution Prevention Team. Each plan shall identify a specific 
    individual or individuals within the facility organization as members 
    of a storm water Pollution Prevention Team that are responsible for 
    developing the storm water pollution prevention plan and assisting the 
    facility or plant manager in its implementation, maintenance and 
    revision. The plan shall clearly identify the responsibilities of each 
    team member. The activities and responsibilities of the team shall 
    address all aspects of the facility's storm water pollution prevention 
    plan.
        2. Description of Potential Pollutant Sources. Each plan shall 
    provide a description of potential sources that may reasonably be 
    expected to add significant amounts of pollutants to storm water 
    discharges or that may result in the discharge of pollutants during dry 
    weather from separate storm sewers draining the facility. Each plan 
    shall identify all activities and significant materials that may 
    potentially be significant pollutant sources. Each plan shall include, 
    at a minimum:
        a. Drainage. A site map indicating the location of each point of 
    discharge of storm water associated with industrial activity, an 
    outline of the portions of the drainage area of each storm water 
    outfall that are within the facility boundaries with a prediction of 
    the direction of flow, each existing structural control measure to 
    reduce pollutants in storm water runoff, surface water bodies, 
    locations where significant materials are exposed to precipitation, 
    locations where major spills or leaks identified under Part C (Spills 
    and Leaks), below, have occurred, and the locations of the following 
    activities where such activities are exposed to precipitation: fueling 
    stations, vehicle and equipment maintenance and/or cleaning areas, 
    storage areas for vehicles and equipment with actual or potential fluid 
    leaks, loading/unloading areas, locations used for the treatment, 
    storage or disposal of wastes, liquid storage tanks, processing areas, 
    storage areas and all monitoring locations. The site map must also 
    indicate the types of discharges contained in the drainage areas of the 
    outfalls. In order to increase the readability of the map, the 
    inventory of the types of discharges contained in each outfall may be 
    kept as an attachment to the site map.
        b. Inventory of Exposed Materials. An inventory of the types of 
    materials handled at the site that potentially may be exposed to 
    precipitation. Such inventory shall include a narrative description of 
    significant materials that have been handled, treated, stored or 
    disposed in a manner to allow exposure to storm water between the time 
    of 3 years prior to the date of the submission of a Notice of Intent 
    (NOI) to be covered under this permit and the present; method and 
    location of onsite storage or disposal; dirt or gravel parking areas 
    for storage of vehicles to be maintained; materials management 
    practices employed to minimize contact of materials with storm water 
    runoff between the time of 3 years prior to the date of the submission 
    of a Notice of Intent (NOI) to be covered under this permit and the 
    present; the location and a description of existing structural and 
    nonstructural control measures to reduce pollutants in storm water 
    runoff; and a description of any treatment the storm water receives.
        c. Spills and Leaks. A list of significant spills and significant 
    leaks of toxic or hazardous pollutants that occurred at areas that are 
    exposed to precipitation or that otherwise drain to a storm water 
    conveyance at the facility after the date of 3 years prior to the date 
    of the submission of a Notice of Intent (NOI) to be covered under this 
    permit.
    
    [[Page 34247]]
    
    Such list shall be updated as appropriate during the term of the 
    permit.
        d. Sampling Data. A summary of existing discharge sampling data 
    describing pollutants in storm water discharges from the facility, 
    including a summary of sampling data collected during the term of this 
    permit.
        e. Risk Identification and Summary of Potential Pollutant Sources. 
    A narrative description of the potential pollutant sources from the 
    following activities associated with vehicle and equipment maintenance 
    and equipment cleaning: fueling stations; maintenance shops; equipment 
    or vehicle cleaning areas; paved dirt or gravel parking areas for 
    vehicles to be maintained; loading and unloading operations, outdoor 
    storage activities, outdoor manufacturing or processing activities, 
    significant dust or particulate generating processes, and onsite waste 
    disposal practices. The description shall specifically list any 
    significant potential source of pollutants at the site and, for each 
    potential source, any pollutant or pollutant parameter (for example, 
    oil and grease, etc.) of concern shall be identified.
        3. Measures and Controls. Each facility covered by this permit 
    shall develop a description of storm water management controls 
    appropriate for the facility, and implement such controls. The 
    appropriateness and priorities of controls in a plan shall reflect 
    identified potential sources of pollutants at the facility. The 
    description of storm water management controls shall address the 
    following minimum components, including a schedule for implementing 
    such controls:
        a. Good Housekeeping. Good housekeeping requires the maintenance of 
    areas that may contribute pollutants to storm water discharges in a 
    clean, orderly manner. The following areas must be specifically 
    addressed:
        (i) Vehicle and Equipment Storage Areas--The storage of vehicles 
    and equipment awaiting maintenance with actual or potential fluid leaks 
    must be confined to designated areas (delineated on the site map). The 
    plan must describe measures that prevent or minimize contamination of 
    the storm water runoff from these areas. The facility shall consider 
    the use of drip pans under vehicles and equipment, indoor storage of 
    the vehicles and equipment, installation of berming and diking of this 
    area, use of absorbents, roofing or covering storage areas, cleaning 
    pavement surface to remove oil and grease, or other equivalent methods.
        (ii) fueling Areas--The plan must describe measures to prevent or 
    minimize contamination of the storm water runoff from fueling areas. 
    The facility shall consider covering the fueling area, using spill and 
    overflow protection and cleanup equipment, minimizing runon/runoff of 
    storm water to the fueling area, using dry cleanup methods, collecting 
    the storm water runoff and providing treatment or recycling, or other 
    equivalent measures.
        (iii) Material Storage Areas--Storage units of all materials must 
    be maintained in good condition, so as to prevent contamination of 
    storm water, and plainly labeled. The plan must describe measures that 
    prevent or minimize contamination of the storm water runoff from such 
    storage areas. The facility shall consider indoor storage of the 
    materials, installation of berming and diking of the areas, minimizing 
    runon/runoff of storm water to the areas, using dry cleanup methods, 
    collecting the storm water runoff and providing treatment or other 
    equivalent methods.
        (iv) Vehicle and Equipment Cleaning Areas--The plan must describe 
    measures that prevent or minimize contamination of the storm water 
    runoff from all areas used for vehicle and equipment cleaning. The 
    facility shall consider performing all cleaning operations indoors, 
    covering the cleaning operation, ensuring that all washwaters drain to 
    the intended collection system, collecting the storm water runoff from 
    the cleaning area and providing treatment or recycling or other 
    equivalent measures.
        (v) Vehicle and Equipment Maintenance Areas--The plan must describe 
    measures to prevent or minimize contamination of the storm water runoff 
    from all areas used for vehicle and equipment maintenance. The facility 
    shall consider performing all maintenance activities indoors, using 
    drip pans, maintaining an organized inventory of materials used in the 
    ship, draining all parts of fluids prior to disposal, prohibiting wet 
    clean up practices where the practices would result in the discharge of 
    pollutants to storm water drainage systems, using dry cleanup methods, 
    collecting the storm water runoff from the maintenance area and 
    providing treatment or recycling, minimizing runon/runoff of storm 
    water areas or other equivalent measures.
        b. Preventive Maintenance. A preventive maintenance program shall 
    involve routine inspection and maintenance of storm water management 
    devices (for example, cleaning oil/water separators, catch basins, drip 
    pans, vehicle-mounted drip containment devices) as well as inspecting 
    and testing facility equipment and systems to uncover conditions that 
    could cause breakdowns or failures resulting in discharges of 
    pollutants to surface waters, and ensuring appropriate maintenance of 
    such equipment and systems.
        c. Spill Prevention and Response Procedures. Areas where potential 
    spills that can contribute pollutants to storm water discharges can 
    occur, and their accompanying drainage points, shall be identified 
    clearly in the storm water pollution prevention plan. Where 
    appropriate, specifying material handling procedures, storage 
    requirements, and use of equipment such as diversion valves in the plan 
    should be considered. Procedures for cleaning up spills shall be 
    identified in the plan and made available to the appropriate personnel. 
    The necessary equipment to implement a clean up should be available to 
    personnel.
        d. Inspections. Qualified facility personnel shall be identified to 
    inspect designated equipment and areas of the facility on a quarterly 
    basis. The following areas shall be included in all inspections: 
    storage area for vehicles and equipment awaiting maintenance, fueling 
    areas, vehicle and equipment maintenance areas (both indoors and 
    outdoors), material storage areas, vehicle and equipment cleaning 
    areas, and loading and unloading areas. Follow-up procedures shall be 
    used to ensure that appropriate actions are taken in response to the 
    inspections. Records of inspections shall be maintained. The use of a 
    checklist should be considered by the facility.
        e. Employee Training. Employee training programs shall inform 
    personnel responsible for implementing activities identified in the 
    storm water pollution prevention plan or otherwise responsible for 
    storm water management of the components and goals of the storm water 
    pollution prevention plan. Training should address topics such as spill 
    response, good housekeeping, and material management practices. The 
    pollution prevention plan shall identify how often training will take 
    place; at a minimum, training must be held annually (once per calendar 
    year).
        f. Record Keeping and Internal Reporting Procedures. A description 
    of incidents (such as spills, or other discharges), along with other 
    information describing the quality and quantity of storm water 
    discharges shall be included in the plan required under this part. 
    Inspections and maintenance activities shall be documented and records 
    of such activities shall be incorporated into the plan.
        g. Sediment and Erosion Control. The plan shall identify areas 
    that, due to
    
    [[Page 34248]]
    
    topography, activities, or other factors, have a high potential for 
    significant soil erosion, and identify structural, vegetative, and/or 
    stabilization measures to be used to limit erosion.
        h. Management of Runoff. The plan shall contain a narrative 
    consideration of the appropriateness of traditional storm water 
    management practices (practices other than those that control the 
    generation or source(s) of pollutants) used to divert, infiltrate, 
    reuse, or otherwise manage storm water runoff in a manner that reduces 
    pollutants in storm water discharges from the site. The plan shall 
    provide that measures that the permittee determines to be reasonable 
    and appropriate shall be implemented and maintained. The potential of 
    various sources at the facility to contribute pollutants to storm water 
    discharges (see Item 2 of this section--Description of Potential 
    Pollutant Sources) shall be considered when determining reasonable and 
    appropriate measures. Appropriate measures may include: vegetative 
    swales and practices, reuse of collected storm water (such as for a 
    process or as an irrigation source), inlet controls (such as oil/water 
    separators), snow management activities, infiltration devices, and wet 
    detention/retention devices.
        4. Comprehensive Site Compliance Evaluation. Qualified personnel 
    shall conduct site compliance evaluations at appropriate intervals 
    specified in the plan, but, in no case less than once a year. Such 
    evaluations shall provide:
        a. Areas contributing to contact storm water discharges shall be 
    visually inspected for evidence of, or the potential for, pollutants 
    entering the drainage system. Measures to reduce pollutant loadings 
    shall be evaluated to determine whether they are adequate and properly 
    implemented in accordance with the terms of the permit or whether 
    additional control measures are needed. Structural storm water 
    management measures, sediment and erosion control measures, and other 
    structural pollution prevention measures, such as recycle ponds, 
    identified in the plan shall be observed to ensure that they are 
    operating correctly. A visual inspection of equipment needed to 
    implement the plan, such as spill response equipment, shall be made.
        b. Based on the results of the evaluation, the description of 
    potential pollutant sources identified in the plan in accordance with 
    Item 2 of this section (Description of Potential Pollutant Sources) and 
    pollution prevention measures and controls identified in the plan in 
    accordance with Item 3 of this section (Measures and Controls) shall be 
    revised as appropriate within 2 weeks of such evaluation and shall 
    provide for implementation of any changes to the plan in a timely 
    manner, but in no case more than 12 weeks after the evaluation.
        c. A report summarizing the scope of the evaluation, personnel 
    making the evaluation, the date(s) of the evaluation, major 
    observations relating to the implementation of the storm water 
    pollution prevention plan, and actions taken in accordance with Item 
    4.b, above, shall be made and retained as part of the storm water 
    pollution prevention plan for at least 3 years after the date of the 
    evaluation. The report shall identify any incidents of noncompliance. 
    Where a report does not identify any incidents of noncompliance, the 
    report shall contain a certification that the facility is in compliance 
    with the storm water pollution prevention plan and this permit. The 
    report shall be signed in accordance with signatory requirements of the 
    permit.
        d. Where compliance evaluation schedules overlap with inspections 
    required under Item 3.d, above, the compliance evaluation may be 
    conducted in place of one such inspection.
    
    Section F. Whole Effluent Toxicity Testing
    
    24-Hour Acute Testing for Discharges Into Fresh Receiving Waters
    1. Scope and Methodology
        a. The following test species shall be used:
        Daphnia pulex and pimephales promelas (Fathead minnow) acute static 
    nonrenewal 24-hour toxicity tests. Use ``Methods for Measuring the 
    Acute Toxicity of Effluents and Receiving Waters to Freshwater and 
    Marine Organisms'' (EPA/600/4-90/027F) or the latest update thereof. A 
    minimum of 5 replicates with 8 organisms per replicate must be used in 
    the control and in each effluent dilution of this test.
        b. The permittee shall test the effluent for lethality in 
    accordance with the provisions of this section. Such testing will 
    determine if an effluent sample meets the requirement of greater than 
    50% survival of the appropriate test organisms in 100% effluent for a 
    24-hour period.
        c. The permittee shall submit the results of these tests on the 
    Discharge Monitoring Report.
        d. In addition to an appropriate control (0% effluent), a 100% 
    effluent concentration shall be used in the toxicity tests.
    2. Required Toxicity Testing Conditions
        a. Control/dilution water--Control and/or dilution water used in 
    the test shall normally consist of a standard, synthetic, moderately 
    hard, reconstituted water of similar pH and alkalinity to the closest 
    downstream perennial water.
        b. Control Survival--If more than 10% of the test organisms in any 
    control die within 24 hours, that test including the control and the 
    100% effluent shall be repeated with all results from both tests 
    reported as required in Item 3, below, of this section.
        c. The permittee shall repeat a test, including the control and all 
    effluent dilutions, if the procedures and quality assurance 
    requirements defined in the test methods or in this permit are not 
    satisfied. A repeat test shall be conducted within the required 
    reporting period of any test determined to be invalid, in accordance 
    with Item 2.b of this section.
        d. Sample Collection and Preservation--Samples shall be collected 
    at a point following the last treatment unit. One flow-weighted 
    composite sample representative of normal operating flows will be 
    collected from each outfall, and a discrete test will be run on each 
    composite sample. Samples shall be chilled to 4 degrees Centigrade 
    during collection, shipping, and/or storage. The toxicity tests must be 
    initiated within 36 hours after collection of the sample. The composite 
    sample must be collected such that the sample is representative of any 
    periodic episode of chlorination, biocide usage, or other potentially 
    toxic substance discharged on an intermittent basis.
    3. Reporting
        a. The permittee shall prepare a full report of the results of all 
    tests conducted pursuant to this Part in accordance with the Report 
    Preparation section of EPA/600/4-90/027F for every valid or invalid 
    toxicity test initiated, whether carried to completion or not. The 
    permittee shall retain each full report pursuant to the provisions of 
    Part II.C.3 of this permit. The permittee shall submit the information 
    contained in any full report upon the specific request of the Agency.
        b. The permittee shall report the following results of each 
    toxicity test on the DMR in accordance with Part II.D.4 of this permit:
        For pimephales promelas (Parameter No. TIE6D) and for daphnia pulex 
    (Parameter No. TIE3D) enter the following codes on the DMR:
    
    ``0'' if mean survival at 24 hours is greater than 50% in 100% 
    effluent;
    
    [[Page 34249]]
    
    ``1'' if the mean survival at 24 hours is less than or equal to 50% in 
    100% effluent.
    24-Hour Acute Testing for Discharges Into Marine Receiving Waters
    1. Scope and Methodology
        a. The following test species shall be used:
        Mysidopsis bahia (Mysid shrimp) and menidia beryllina (Inland 
    Silverside minnow) acute static nonrenewal 24-hour toxicity test. Use 
    ``Methods for Measuring the Acute Toxicity of Effluents and Receiving 
    Waters to Freshwater and Marine Organisms'' (EPA/600/4-90/027F) or the 
    latest update thereof. A minimum of 5 replicates with 8 organisms per 
    replicate must be used in the control and in each effluent dilution of 
    this test.
        b. The permittee shall test the effluent for lethality in 
    accordance with the provisions of this section. Such testing will 
    determine if an effluent sample meets the requirement of greater than 
    50% survival of the appropriate test organisms in 100% effluent for a 
    24-hour period.
        c. The permittee shall submit the results of these tests on the 
    Discharge Monitoring Report.
        d. In addition to an appropriate control (0% effluent), a 100% 
    effluent concentration shall be used in the toxicity tests.
    2. Required Toxicity Testing Conditions
        a. Control/dilution water--Control and/or dilution water used in 
    the test shall normally consist of a standard, synthetic, reconstituted 
    seawater.
        b. Control Survival--If more than 10% of the test organisms in any 
    control die within 24 hours, that test including the control and the 
    100% effluent shall be repeated with all results from both tests 
    reported as required in Item 3, below, of this section.
        c. Repeat Test--the permittee shall repeat a test, including the 
    control and all effluent dilutions, if the procedures and quality 
    assurance requirements defined in the test methods or in this permit 
    are not satisfied. A repeat test shall be conducted within the required 
    reporting period of any test determined to be invalid, in accordance 
    with Item 2.b of this section.
        d. Sample Collection and Preservation--Samples shall be collected 
    at a point following the last treatment unit. One flow-weighted 
    composite sample representative of normal operating flows will be 
    collected from each outfall, and a discrete test will be run on each 
    composite sample. Samples shall be chilled to 4 degrees Centigrade 
    during collection, shipping, and/or storage. The toxicity tests must be 
    initiated within 36 hours after collection of the sample. The composite 
    sample must be collected such that the sample is representative of any 
    periodic episode of chlorination, biocide usage, or other potentially 
    toxic substance discharged on an intermittent basis.
    3. Reporting
        a. The permittee shall prepare a full report of the results of all 
    tests conducted pursuant to this Part in accordance with the Report 
    Preparation section of EPA/600/4-90/027F for every valid or invalid 
    toxicity test initiated, whether carried to completion or not. The 
    permittee shall retain each full report pursuant to the provisions of 
    Part II.C.3 of this permit. The permittee shall submit the information 
    contained in any full report upon the specific request of the Agency.
        b. The permittee shall report the following results of each 
    toxicity test on the DMR in accordance with Part II.D.4 of this permit:
        For menidia beryllina (Parameter No. TIE6B) and mysidopsis bahia 
    (Parameter No. TIE3E), enter the following codes on the DMR:
    
    ``0'' if mean survival at 24 hours is greater than 50% in 100% 
    effluent;
    ``1'' if the mean survival at 24 hours is less than or equal to 50% in 
    100% effluent.
    
    Part II
    
    Section A. General Conditions
    
    1. Introduction
        In accordance with the provisions of 40 CFR Part 122.41, et. seq., 
    this permit incorporates by reference ALL conditions and requirements 
    applicable to NPDES Permits set forth in the Clean Water Act, as 
    amended, (hereinafter known as the ``Act'') as well as ALL applicable 
    regulations.
    2. 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 terminating coverage under this permit, or 
    for requiring a permittee to apply for and obtain an individual NPDES 
    permit.
    3. Toxic Pollutants
        a. Notwithstanding Part II.A.4, if any toxic effluent standard or 
    prohibition (including any schedule of compliance specified in such 
    effluent standard or prohibition) is promulgated under Section 307(a) 
    of the Act for a toxic pollutant which is present in the discharge and 
    that standard or prohibition is more stringent than any limitation on 
    the pollutant in this permit, this permit shall be modified or revoked 
    and reissued to conform to the toxic effluent standard or prohibition.
        b. 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 established 
    those standards or prohibitions, even if the permit has not yet been 
    modified to incorporate the requirement.
    4. Permit Flexibility
        This permit may be modified, revoked and reissued, or terminated 
    for cause in accordance with 40 CFR 122.62-64. The filing of a request 
    for a permit modification, revocation and reissuance, or termination, 
    or a notification of planned changes or anticipated noncompliance, does 
    not stay any permit condition.
    5. Property Rights
        This permit does not convey any property rights of any sort, or any 
    exclusive privilege.
    6. Duty To Provide Information
        The permittee shall furnish to the Director, within a reasonable 
    time, any information which the Director 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 Director, upon request, copies 
    of records required to be kept by this permit.
    7. Criminal and Civil Liability
        Except as provided in permit conditions on ``Bypassing'' and 
    ``Upsets'', nothing in this permit shall be construed to relieve the 
    permittee from civil or criminal penalties for noncompliance. Any false 
    or materially misleading representation or concealment of information 
    required to be reported by the provisions of the permit, the Act, or 
    applicable regulations, which avoids or effectively defeats the 
    regulatory purpose of the Permit may subject the Permittee to criminal 
    enforcement pursuant to 18 U.S.C. Section 1001.
    8. 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
    
    [[Page 34250]]
    
    may be subject under Section 311 of the Act.
    9. 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.
    10. 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.
    
    Section B. Proper Operation and Maintenance
    
    1. Need To Halt or Reduce Not a Defense
        It shall not be a defense for a permittee in an enforcement action 
    that it would have been necessary to halt or reduce the permitted 
    activity in order to maintain compliance with the conditions of this 
    permit. The permittee is responsible for maintaining adequate 
    safeguards to prevent the discharge of untreated or inadequately 
    treated wastes during electrical power failure either by means of 
    alternate power sources, standby generators or retention of 
    inadequately treated effluent.
    2. 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.
    3. Proper Operation and Maintenance
        a. 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 permittee as efficiently 
    as possible and in a manner which will minimize upsets and discharges 
    of excessive pollutants and will 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 backup 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 
    this permit.
        b. The permittee shall provide an adequate operating staff which is 
    duly qualified to carry out operation, maintenance and testing 
    functions required to insure compliance with the conditions of this 
    permit.
    4. Bypass of Treatment Facilities
    a. 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 Parts II.B.4.b. and 4.c.
    b. Notice
        (1) Anticipated Bypass. If the permittee knows in advance of the 
    need for a bypass, it shall submit prior notice, if possible at least 
    ten days before the date of the bypass.
        (2) Unanticipated Bypass. The permittee shall, within 24 hours, 
    submit notice of an unanticipated bypass as required in Part II.D.7.
    c. Prohibition of Bypass
        (1) Bypass is prohibited, and the Director may take enforcement 
    action against a permittee for bypass, unless:
        (a) Bypass was unavoidable to prevent loss of life, personal 
    injury, or severe property damage;
        (b) There were no feasible alternatives to the bypass, such as the 
    use of auxiliary treatment facilities, retention of untreated wastes, 
    or maintenance during normal periods of equipment downtime. This 
    condition is not satisfied if adequate back-up equipment should have 
    been installed in the exercise of reasonable engineering judgment to 
    prevent a bypass which occurred during normal periods of equipment 
    downtime or preventive maintenance; and,
        (c) The permittee submitted notices as required by Part II.B.4.b.
        (2) The Director may allow an anticipated bypass after considering 
    its adverse effects, if the Director determines that it will meet the 
    three conditions listed at Part II.B.4.c(1).
    5. Upset Conditions
    a. 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 Part II.B.5.b. 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.
    b. Conditions Necessary For a Demonstration of Upset
        A permittee who wishes to establish the affirmative defense of 
    upset shall demonstrate, through properly signed, contemporaneous 
    operating logs, or other relevant evidence that:
        (1) An upset occurred and that the permittee can identify the 
    cause(s) of the upset;
        (2) The permitted facility was at the time being properly operated;
        (3) The permittee submitted notice of the upset as required by Part 
    II.D.7; and,
        (4) The permittee complied with any remedial measures required by 
    Part II.B.2.
    c. Burden of Proof
        In any enforcement proceeding, the permittee seeking to establish 
    the occurrence of an upset has the burden of proof.
    6. Removed Substances
        Unless otherwise authorized, solids, sewage sludges, filter 
    backwash, or other pollutants removed in the course of treatment or 
    waste water control shall be disposed of in a manner such as to prevent 
    any pollutant from such materials from entering navigable waters.
    
    Section C. Monitoring and Records
    
    1. Inspection and Entry
        The permittee shall allow the Director, or an authorized 
    representative, upon the presentation of credentials and other 
    documents as may be required by the law to:
        a. Enter upon the permittee's premises where a regulated facility 
    or activity is located or conducted, or where records must be kept 
    under the conditions of this permit;
        b. Have access to and copy, at reasonable times, any records that 
    must be kept under the conditions of this permit;
        c. Inspect at reasonable times any facilities, equipment (including 
    monitoring and control equipment), practices or operations regulated or 
    required under this permit; and
        d. Sample or monitor at reasonable times, for the purpose of 
    assuring permit compliance or as otherwise authorized by the Act, any 
    substances or parameters at any location.
    2. Representative Sampling
        Samples and measurements taken for the purpose of monitoring shall 
    be representative of the monitored activity.
    
    [[Page 34251]]
    
    3. 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 3 years from the date of the sample, measurement, report, or 
    application. This period may be extended by request of the Director at 
    any time.
    4. Record Contents
        Records of monitoring information shall include:
        a. The date, exact place, and time of sampling or measurements;
        b. The individual(s) who performed the sampling or measurements;
        c. The date(s) and time(s) analyses were performed;
        d. The individual(s) who performed the analyses;
        e. The analytical techniques or methods used; and
        f. The results of such analyses.
    5. Monitoring Procedures
        a. Monitoring must be conducted according to test procedures 
    approved under 40 CFR Part 136, unless other test procedures have been 
    specified in this permit or approved by the Regional Administrator.
        b. The permittee shall calibrate and perform maintenance procedures 
    on all monitoring and analytical instruments at intervals frequent 
    enough to insure accuracy of measurements and shall maintain 
    appropriate records of such activities.
        c. An adequate analytical quality control program, including the 
    analyses of sufficient standards, spikes, and duplicate samples to 
    insure the accuracy of all required analytical results shall be 
    maintained by the permittee or designated commercial laboratory.
    
    Section D. Reporting Requirements
    
    1. Planned Changes
        The permittee shall give notice to the Director as soon as possible 
    of any planned physical alterations or additions to the permitted 
    facility. Notice is required only when:
        (1) The alteration or addition to a permitted facility may meet one 
    of the criteria for determining whether a facility is a new source in 
    40 CFR Part 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 
    listed at Part II.D.10.a.
    2. Anticipated Noncompliance
        The permittee shall give advance notice to the Director of any 
    planned changes in the permitted facility or activity which may result 
    in noncompliance with permit requirements.
    3. Transfers
        Coverage under these permits is not transferable to any person 
    except after notice to the Director.
    4. Discharge Monitoring Reports and Other Reports
        Monitoring results obtained during the previous 12 months for all 
    discharges at a facility shall be summarized and reported to EPA and 
    the appropriate State agency on the 28th day of the month following the 
    end of the twelve month period on Discharge Monitoring Report (DMR) 
    Form EPA No. 3320-1 in accordance with the ``General Instructions'' 
    provided on the form. The permittee shall submit the original DMR 
    signed and certified as required by Part II.D.11 and all other reports 
    required by Part II.D. to the EPA at the address below: Compliance 
    Assurance and Enforcement Division, Water Enforcement Branch (6EN-W), 
    U.S. Environmental Protection Agency, Region 6, P.O. Box 50625, Dallas, 
    TX 75250.
    5. 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 Discharge Monitoring Report (DMR). Such increased 
    monitoring frequency shall also be indicated on the DMR.
    6. Averaging of Measurements
        Calculations for all limitations which require averaging of 
    measurements shall utilize an arithmetic mean unless otherwise 
    specified by the Director in the permit.
    7. Twenty-four Hour Reporting
        a. The permittee shall report any noncompliance which may endanger 
    health or the environment. Any information shall be provided orally to 
    the EPA Region 6 24-hour voice mail box telephone number 214-665-6593 
    within 24 hours from the time the permittee becomes aware of the 
    circumstances. A written submission shall be provided within 5 days of 
    the time the permittee becomes aware of the circumstances. The report 
    shall contain the following information:
        (1) A description of the noncompliance and its cause;
        (2) The period of noncompliance including exact dates and times, 
    and if the noncompliance has not been corrected, the anticipated time 
    it is expected to continue; and, (3) Steps being taken to reduce, 
    eliminate, and prevent recurrence of the noncomplying discharge.
        b. The following shall be included as information which must be 
    reported within 24 hours:
        (1) Any unanticipated bypass which exceeds any effluent limitation 
    in the permit;
        (2) Any upset which exceeds any effluent limitation in the permit; 
    and,
        (3) Violation of a maximum daily discharge limitation for any 
    pollutants listed by the Director in Part II of the permit to be 
    reported within 24 hours.
        c. The Director may waive the written report on a case-by-case 
    basis if the oral report has been received within 24 hours.
    8. Other Noncompliance
        The permittee shall report all instances of noncompliance not 
    reported under Parts II.D.4 and D.7 and Part I.C at the time monitoring 
    reports are submitted. The reports shall contain the information listed 
    at Part II.D.7.
    9. Other Information
        Where the permittee becomes aware that it failed to submit any 
    relevant facts in a permit application, or submitted incorrect 
    information in a permit application or in any report to the Director, 
    it shall promptly submit such facts or information.
    10. Changes in Discharges of Toxic Substances
        The permittee shall notify the Director as soon as it knows or has 
    reason to believe:
        a. That any activity has occurred or will occur which would result 
    in the discharge, on a routine or frequent basis, of any toxic 
    pollutant listed at 40 CFR Part 122, Appendix D, Tables II and III 
    (excluding Total Phenols) which is not limited in the permit, if that 
    discharge will exceed the highest of the following ``notification 
    levels'':
        (1) One hundred micrograms per liter (100 ug/L);
        (2) Two hundred micrograms per liter (200 ug/L) for acrolein and 
    acrylonitrile;
    
    [[Page 34252]]
    
    five hundred micrograms per liter (500 ug/L) for 2,4-dinitro-phenol and 
    for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) 
    for antimony;
        (3) Five (5) times the maximum concentration value reported for 
    that pollutant in the permit application; or
        (4) The level established by the Director.
        b. 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'':
        (1) Five hundred micrograms per liter (500 ug/L);
        (2) One milligram per liter (1 mg/L) for antimony;
        (3) Ten (10) times the maximum concentration value reported for 
    that pollutant in the permit application; or
        (4) The level established by the Director.
    11. Signatory Requirements
        All applications, reports, or information submitted to the Director 
    shall be signed and certified.
    a. All Permit Applications Shall Be Signed as Follows
        (1) by a responsible corporate officer. For the purpose of this 
    section, a responsible corporate officer means:
        (a) A president, secretary, treasurer, or vice-president of the 
    corporation in charge of a principal business function, or any other 
    person who performs similar policy or decision making functions for the 
    corporation; or,
        (b) For a Corporation--The manager of one or more manufacturing, 
    production, or operating facilities employing more than 250 persons or 
    having gross annual sales or expenditures exceeding $25 million (in 
    second-quarter 1980 dollars), if authority to sign documents has been 
    assigned or delegated to the manager in accordance with corporate 
    procedures.
        (2) For a Partnership or Sole Proprietorship--by a general partner 
    or the proprietor, respectively.
        b. All Reports required by the permit and other information 
    requested by the Director 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:
        (1) The authorization is made in writing by a person described 
    above;
        (2) The authorization specifies 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, or 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 an 
    individual occupying a named position; and,
        (3) The written authorization is submitted to the Director.
    c. 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.''
    12. Availability of Reports
        Except for applications, effluent data, permits, and other data 
    specified in 40 CFR 122.7, any information submitted pursuant to this 
    permit may be claimed as confidential by the submitter. If no claim is 
    made at the time of submission, information may be made available to 
    the public without further notice.
    
    Section E. Penalties for Violations of Permit Conditions
    
    1. Criminal
    a. Negligent Violations
        The Act provides that any person who negligently violates permit 
    conditions implementing sections 301, 302, 306, 307, 308, 318, or 405 
    of the Act is subject to a fine of not less than $2,500 nor more than 
    $25,000 per day of violation, or by imprisonment for not more than 1 
    year, or both.
    b. Knowing Violations
        The Act provides that any person who knowingly violates permit 
    conditions implementing sections 301, 302, 306, 307, 308, 318, or 405 
    of the Act is subject to a fine of not less than $5,000 nor more than 
    $50,000 per day of violation, or by imprisonment for not more than 3 
    years, or both.
    c. Knowing Endangerment
        The Act provides that any person who knowingly violates permit 
    conditions implementing sections 301, 302, 303, 306, 307, 308, 318, or 
    405 of the Act and who knows at that time that he is placing another 
    person in imminent danger of death or serious bodily injury is subject 
    to a fine of not more than $250,000, or by imprisonment for not more 
    than 15 years, or both.
    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 the Act or who knowingly falsifies, tampers 
    with, or renders inaccurate, any monitoring device or method required 
    to be maintained under the Act, shall upon conviction, be punished by a 
    fine of not more than $10,000, or by imprisonment for not more than 2 
    years, or by both. If a conviction of a person is for a violation 
    committed after a first conviction of such person under this paragraph, 
    punishment shall be by a fine of not more than $20,000 per day of 
    violation, or by imprisonment of not more than 4 years, or by both. 
    (See section 309.c.4 of the Clean Water Act)
    2. Civil Penalties
        The Act provides that any person who violates a permit condition 
    implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Act 
    is subject to a civil penalty not to exceed $27,500 per day for each 
    violation.
    3. Administrative Penalties
        The Act provides that any person who violates a permit condition 
    implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act 
    is subject to an administrative penalty, as follows:
    a. Class I Penalty
        Not to exceed $11,000 per violation nor shall the maximum amount 
    exceed $27,500.
    b. Class II Penalty
        Not to exceed $11,000 per day for each day during which the 
    violation continues nor shall the maximum amount exceed $137,500.
    
    Section F. Definitions
    
        All definitions contained in Section 502 of the Act shall apply to 
    this permit and are incorporated herein by reference. Unless otherwise 
    specified in this permit, additional definitions of
    
    [[Page 34253]]
    
    words or phrases used in this permit are as follows:
        1. Act means the Clean Water Act (33 U.S.C. 1251 et. seq.), as 
    amended.
        2. Administrator means the Administrator of the U.S. Environmental 
    Protection Agency.
        3. Applicable Effluent Standards and Limitations means all state 
    and Federal effluent standards and limitations to which a discharge is 
    subject under the Act, including, but not limited to, effluent 
    limitations, standards or performance, toxic effluent standards and 
    prohibitions, and pretreatment standards.
        4. Applicable Water Quality Standards means all water quality 
    standards to which a discharge is subject under the Act.
        5. Bypass means the intentional diversion of waste streams from any 
    portion of a treatment facility.
        6. Contact Storm Water means storm water which comes in contact 
    with any raw material, product, by-product, co-product intermediate, 
    petroleum fuel, or waste material.
        7. Daily Max discharge limitation means the highest allowable 
    ``daily discharge'' during the calendar month.
        8. Director means the U.S. Environmental Protection Agency Regional 
    Administrator or an authorized representative.
        9. Domestic Sewage means waterborne human or animal waste and waste 
    from domestic activities, such as washing, bathing and food 
    preparation.
        10. Environmental Protection Agency means the U.S. Environmental 
    Protection Agency.
        12. Facility (as defined in 40 CFR 122.2) means any NPDES ``point 
    source'' or any other facility or activity that is subject to 
    regulation under the NPDES program.
        13. Facility Waste Water means any liquids which are accidentally 
    released from storage, transfer or loading facilities, liquids from 
    equipment cleaning or vehicle maintenance, any water and hydrocarbon 
    mixtures drawn from waste water associated with petroleum fuel 
    handling. Facility waste water shall not include domestic sewage.
        14. Grab Sample means an individual sample collected in less than 
    15 minutes.
        15. National Pollutant Discharge Elimination System means the 
    national program for issuing, modifying, revoking and reissuing, 
    terminating, monitoring and enforcing permits, and imposing and 
    enforcing pretreatment requirements, under Sections 307, 318, 402, and 
    405 of the Act.
        16. Petroleum Bulk Stations and Terminals mean establishments 
    primarily engaged in the cooperative or wholesale distribution of 
    refined petroleum products or petroleum fuels from bulk liquid storage 
    facilities.
        17. Petroleum Fuel means gasoline, diesel fuel, fuel oil, fuel 
    additives, kerosene and jet fuel, or any other petroleum-based material 
    having physical and chemical properties similar to the listed 
    materials.
        18. 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.
        19. Upset means an exceptional 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.
        20. The term ``MGD'' shall mean million gallons per day.
        21. The term ``mg/L'' shall mean milligrams per liter or parts per 
    million (ppm).
    
    [FR Doc. 99-15977 Filed 6-24-99; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
7/26/1999
Published:
06/25/1999
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Final Issuance of NPDES general permit.
Document Number:
99-15977
Dates:
The limits and monitoring requirements in this permit shall become effective on July 26, 1999.
Pages:
34243-34253 (11 pages)
Docket Numbers:
FRL-6365-5
PDF File:
99-15977.pdf