[Federal Register Volume 59, Number 140 (Friday, July 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17918]
[[Page Unknown]]
[Federal Register: July 22, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[OW-FRL-5017-6]
Policy for the Development of Effluent Limitations in National
Pollutant Discharge Elimination System Permits to Control Whole
Effluent Toxicity for the Protection of Aquatic Life: Notice of
Availability
AGENCY: Environmental Protection Agency.
ACTION: Notice of availability.
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SUMMARY: This notice announces the availability of a final policy
document entitled ``Policy for the Development of Effluent Limitations
in National Pollutant Discharge Elimination System (NPDES) Permits to
Control Whole Effluent Toxicity (WET) for the Protection of Aquatic
Life.'' The purpose of the new policy is to promote uniform, nationwide
compliance with existing statutory and regulatory requirements for the
control of WET and to assist permit writers in implementing these
requirements.
DATES: Copies of this document are available beginning July 22, 1994.
ADDRESSES: Copies of this document can be obtained from U.S. EPA,
National Center for Environmental Publications and Information, P.O.
Box 42419, Cincinnati, Ohio 45242-2419 (Document Number EPA 833-B-94-
002).
FOR FURTHER INFORMATION CONTACT: Wendy J. Miller, Office of Water,
Office of Wastewater Management, 4203, U.S. Environmental Protection
Agency, 401 M Street, S.W., Washington, D.C. 20460, Telephone: (202)
260-3716.
SUPPLEMENTARY INFORMATION: Since 1984 EPA has undertaken various
regulatory activities for the control of WET to protect aquatic life.
In 1984, EPA published the ``Policy for the Development of Water
Quality-Based Permit Limitations for Toxic Pollutants.'' 49 FR 9016
(March 9, 1984). The policy discusses such issues as integration of
chemical specific and biological permit limits; chemical, physical, and
biological testing requirements (including WET testing requirements);
and use of data.
In 1989, EPA revised the regulations governing the development of
water quality-based effluent limitations, including those to control
WET. 40 CFR 122.44(d)(1). The regulations impose specific requirements
such as requiring effluent limits where the permitting authority finds
``reasonable potential'' to cause an exceedance of applicable water
quality criteria.
In 1991, EPA revised the 1985 Technical Support Document for Water
Quality-based Toxics Control (TSD). The new TSD provides an explanation
of the technical support for WET testing and gives detailed guidance on
development of water quality-based permit limitations for WET and toxic
pollutants.
Based upon its accumulated experience in administering the WET
control program to date, EPA decided to develop a new WET control
policy to supplement existing policy. The new policy consists of eight
policy statements, explanations of each policy statement, and
appendices containing background materials. In part, the policy
restates EPA's strong continuing commitment to existing Clean Water Act
provisions and the regulatory requirements at 40 CFR 122.44(d)(1)
governing the control of WET for the protection of aquatic life. It
also addresses some specific areas where questions have arisen
regarding the implementation of these requirements.
The text of the eight statements of policy is provided below.
1. Basis for WET Controls
The permitting authority should evaluate WET water quality criteria
attainment for acute WET at the edge of the acute mixing zone and for
chronic WET at the edge of the chronic mixing zone except where the
State has different requirements for evaluating WET criteria.1 The
permitting authority will develop WET effluent limitations based upon
the more stringent of the acute or chronic criterion applied at the
edge of the respective mixing zone, or, alternatively, on both.
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\1\Throughout the policy, the term ``WET water quality
criteria'' refers to State numeric water quality criteria for WET
and State narrative water quality criteria for toxicity such as ``no
toxics in toxics amounts'' in State water quality standards.
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2. Evaluation of Dischargers for Reasonable Potential
At a minimum, the permitting authority should review all major
dischargers for reasonable potential to cause or contribute to
exceedance of WET water quality criteria.
3. Evaluating Reasonable Potential
The permitting authority will consider available WET testing data
and other information in evaluating whether a discharger has reasonable
potential to cause or contribute to exceedance of WET water quality
criteria.
4. Consequences of Establishing Reasonable Potential
Upon finding reasonable potential to cause or contribute to
exceedance of WET water quality criteria, the permitting authority will
impose effluent limitations to control WET.
5. Whole Effluent Toxicity Monitoring
Where appropriate, the permitting authority should impose WET
monitoring conditions upon dischargers that do not have effluent
limitations to control WET.
6. Compliance Schedules in NPDES Permits
Where allowed under State and federal law, NPDES permits may
contain schedules for compliance with WET effluent limitations.
7. Whole Effluent Toxicity Controls and the Pollutants Ammonia and
Chlorine
The requirements of the water quality permitting regulations apply
without regard to the pollutant(s) that may be causing toxicity,
including ammonia and chlorine.
8. Whole Effluent Toxicity Controls and Publicly Owned Treatment
Works (POTWs)
The requirements of the water quality permitting regulations apply
to all dischargers, including POTWs.
Dated: July 14, 1994.
Robert Perciasepe,
Assistant Administrator for Water.
[FR Doc. 94-17918 Filed 7-21-94; 8:45 am]
BILLING CODE 6560-50-P
