[Federal Register Volume 63, Number 144 (Tuesday, July 28, 1998)]
[Notices]
[Pages 40279-40282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20146]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6131-5]
Notice of Proposed NPDES General Permit for Discharges From
Ready-Mixed Concrete Plants, Concrete Products Plants and Their
Associated Facilities in Texas (TXG110000)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of draft NPDES general permit.
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SUMMARY: EPA Region 6 is proposing to issue a general NPDES permit
authorizing discharges of facility waste water and contact storm water
from ready-mixed concrete plants, concrete products plants and their
associated facilities in Texas. This permit covers facilities having
Standard Industrial Classification (SIC) Codes 3273
[[Page 40280]]
(manufacture of ready-mixed concrete), 3272 (manufacture of concrete
products, except block and brick) and 3271 (manufacture of concrete
block and brick).
As proposed, the permit has the following requirements: Daily
maximum limits of 15 mg/l Oil and Grease and 65 mg/l Total Suspended
Solids, and a pH limit of 6.0 to 9.0 Standard Units. 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, lead, 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: Comments on this proposed permit must be submitted by September
28, 1998.
ADDRESSES: Comments on this proposed permit should be sent to the
Regional Administrator, EPA Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733.
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 fact sheet and proposed permit may be obtained from Ms.
Turner. The fact sheet and proposed permit can also be found on the
Internet at http://www.epa.gov/earth1r6/6wq/6wq.htm. In addition, the
current administrative record on the proposal is available for
examination at the Region's Dallas offices during normal working hours
after providing Ms. Turner 24 hours advanced notice.
SUPPLEMENTARY INFORMATION: Regulated categories and entities include:
------------------------------------------------------------------------
Category Examples of regulated entities
------------------------------------------------------------------------
Industry.......................... Operators of ready-mixed concrete
plants and concrete products
plants.
------------------------------------------------------------------------
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.
Section 301(a) of the Clean Water Act (CWA or the Act), 33 U.S.C.
1311(a), makes it unlawful to discharge pollutants to waters of the
United States in the absence of authorizing permits. CWA section 402,
33 U.S.C. 1342, authorizes EPA to issue National Discharge Elimination
System (NPDES) permits allowing discharges on condition they will meet
certain requirements, including CWA sections 301, 304, and 401 (33
U.S.C. 1331, 1314 and 1341). Those statutory provisions require that
NPDES permits include effluent limitations requiring that authorized
discharges: (1) meet standards reflecting levels of technological
capability, (2) comply with EPA-approved state water quality standards
and (3) comply with other state requirements adopted under authority
retained by states under CWA 510, 33 U.S.C. 1370.
Two types of technology-based effluent limitations must be included
in the permit proposed here. With regard to conventional pollutants,
i.e., pH, BOD, oil and grease, TSS and fecal coliform, CWA section 301
(b)(1)(E) requires effluent limitations based on ``best conventional
pollution control technology'' (BCT). With regard to nonconventional
and toxic pollutants, CWA section 301(b)(2)(A), (C), and (D) require
effluent limitations based on ``best available pollution control
technology economically achievable'' (BAT), a standard which generally
represents the best performing existing technology in an industrial
category or subcategory. BAT and BCT effluent limitations may never be
less stringent than corresponding effluent limitations based on best
practicable control technology (BPT), a standard applicable to similar
discharges prior to March 31, 1989 under CWA 301(b)(1)(A).
National guidelines establishing BPT, BCT and BAT standards have
not been promulgated for discharges from ready-mixed concrete plants
and concrete products plants. The BCT and BAT requirements for these
discharges have, therefore, been established using best professional
judgement, as required by CWA section 402(a)(1). All of the limitations
in this proposed permit, except for the requirement to develop and
implement a storm water pollution prevention plan, are also current
requirements, contained either directly or by reference, in TNRCC
Regulations 30 TAC 321, Subchapter J, for discharges from ready-mixed
concrete plants, concrete products plants, and their associated
facilities. The storm water pollution prevention plan requirements are
those currently required by the NPDES Storm Water Multi-Sector General
Permit for storm water discharges associated with ready-mixed concrete
and concrete products plants. All of the discharges authorized by this
permit are also those authorized by 30 TAC 321, Subchapter J.
Although the TNRCC Rule contains, by reference, the metals and
toxicity limits listed below, that Rule does not contain monitoring
requirements for those limits. 40 CFR 122.44(i) requires monitoring for
each pollutant limited in an NPDES permit to assure compliance with the
permit limits. The frequency of this monitoring shall be established on
a case by case basis, but shall in no case be less than once per year.
In addition to requiring the development and implementation of a
storm water pollution prevention plan, the following limits are
proposed:
------------------------------------------------------------------------
Daily maximum
(mg/l)
------------------------------------------------------------------------
Oil and Grease.......................................... 15
Total Suspended Solids.................................. 65
pH 6.0-9.0 Std. Units...................................
------------------------------------------------------------------------
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Monthly Daily max (mg/ Single grab
average (mg/l) l) (mg/l)
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Arsenic......................................................... .1 .2 .3
[[Page 40281]]
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
Lead............................................................ .5 1.0 1.5
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
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The minimum monitoring requirements proposed, all using grab
samples, are once per month for Oil and Grease, Total Suspended Solids
and pH, and once per year for the metals.
There shall be No Acute Toxicity as determined by requiring greater
than 50% survival in 100% effluent using a 24 hour acute test.
Monitoring shall be a minimum of once per 6 months using grab samples.
In addition to proposing the NPDES general permit for these
facilities, the Region is also soliciting effluent data for the above
listed metals and whole effluent toxicity for the types of facilities
to be covered by this proposed permit. Because of the lack of effluent
data from these facilities for these metals and toxicity, the Region
must include limits and, therefore, monitoring requirements for these
pollutants to assure that State water quality standards will be met and
to comply with 40 CFR 122.44(d), which requires inclusion of any more
stringent limits established under State law or regulations in
accordance with section 301(b)(1)(C) of the Clean Water Act.
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. Section 301(b)(1)(C) of the Act requires that
NPDES permits contain conditions that ensure compliance with applicable
state water quality standards or limitations. The proposed permit
contains limitations intended to ensure compliance with state water
quality standards and has been determined by EPA Region 6 to be
consistent with the Texas water quality standards and the corresponding
implementation plan. The Region has solicited certification from the
Texas Natural Resources Conservation Commission.
B. Endangered Species Act
The proposed limits are sufficiently stringent to assure state
water quality standards, both for aquatic life protection and human
health protection, will be met. The effluent limitations established in
this permit ensure protection of aquatic life and maintenance of the
receiving water as an aquatic habitat. The Region finds that adoption
of the proposed permit is unlikely to adversely affect any threatened
or endangered species or its critical habitat. EPA is seeking written
concurrence from the United States Fish and Wildlife Service on this
determination.
C. 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.
D. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this action
from the review requirements of Executive Order 12866.
E. 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).
F. Unfunded Mandates Reform Act
Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law
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 proposed 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 proposed 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''
[[Page 40282]]
means governments of cities, counties, towns, etc., with a population
of less than 50,000, unless the agency establishes an alternative
definition.
The proposed permit issuance also would 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.
G. 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 these permits. EPA Region 6 therefore concludes that the permits
proposed today will not have a significant impact on a substantial
number of small entities.
Oscar Ramirez, Jr.,
Deputy Director, Water Quality Protection Division, Region 6.
[FR Doc. 98-20146 Filed 7-27-98; 8:45 am]
BILLING CODE 6560-50-P
