Federal Register, Volume 65 Issue 127 (Friday, June 30, 2000)

[Federal Register Volume 65, Number 127 (Friday, June 30, 2000)]
[Notices]
[Pages 40650-40663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16631]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6727-5]

Draft NPDES General Permits for Water Treatment Facility
Discharges in the States of Maine, Massachusetts, and New Hampshire

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notices of Draft NPDES General Permits--MEG640000, MAG640000,
and NHG640000.

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SUMMARY: The Director of the Office of Ecosystem Protection, EPA--New
England, is issuing Notice of Draft National Pollutant Discharge
Elimination System (NPDES) general permits for water treatment facility
discharges to certain waters of the States of Maine, Massachusetts, and
New Hampshire for the purpose of reissuing the current permit which
expired on January 9, 2000. These general NPDES permits establish
notice of intent (NOI) requirements, effluent limitations, standards,
prohibitions and management practices for the water treatment facility
discharges. Owners and/or operators of facilities discharging effluent
from water treatment facilities including those currently authorized to
discharge under the expired general permit will be required to submit
to EPA--New England, a notice of intent to be covered by the
appropriate general permit and will receive a written notification from
EPA of permit coverage and authorization to discharge under one of the
general permits. The eligibility requirements are discussed in detail
under section D.2.b and the reader is strongly urged to go to that
section before reading further. This general permit does not cover new
sources as defined under 40 CFR 122.2.

DATES: For comment period: interested persons may submit comments on
the draft general permits as part of the administrative record to the
Environmental Protection Agency, New England Region, at the address
given below no later than July 31, 2000. The general permit shall be
effective on the date specified in the final general permit published
in the Federal Register and will expire five years from the final
publication date of the Federal Register.

[[Page 40651]]

ADDRESSES: The draft permit is based on an administrative record
available for public review at the Environmental Protection Agency,
Office of Ecosystem Protection (CPE), 1 Congress Street, Suite 1100,
Boston, Massachusetts 02114-2023. The following FACT SHEET AND
SUPPLEMENTARY INFORMATION section sets forth principal facts and the
significant factual, legal, and policy questions considered in the
development of the draft permits. A reasonable fee may be charged for
copying.

FOR FURTHER INFORMATION CONTACT: Additional information concerning the
draft permit may be obtained between the hours of 9:00 a.m. and 5:00
p.m. Monday through Friday excluding holidays from: Suprokash Sarker,
Office of Ecosystem Protection, Environmental Protection Agency, 1
Congress Street, Suite 1100, Boston, MA 02114-2023, telephone: 617-918-
1693.

Table of Contents

Changes From Previous Permit
Fact Sheet and Supplementary Information
I. Introduction
II. Coverage of General Permits
III. Exclusions
IV. Permit Basis and Other Conditions of the General NPDES Permit
A. Types of Discharge
B. Effluent Limitations
C. Antidegradation Provisions
D. Monitoring and Reporting Requirements
E. Endangered Species
F. Standard Permit Condition
G. State (401) Certification
H. The Coastal Zone Management Act
I. Environmental Impact Statement Requirements
J. National Historic Preservation Act of 1996, 16 U.S.C. 55470
et seq.
K. Essential Fish Habitat
V. Other Legal Requirements
A. Executive Order 12866
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
Part I--Draft Permits
A. Maine General Permit, Permit No. MEG 640000
B. Massachusetts General Permit, Permit No. MAG640000
C. New Hampshire General Permit, Permit No. NHG640000
D. Common Elements For All Permits
1. Conditions of the General Permits
a. Geographic Areas
b. Notification by Permittees
2. Administrative Aspects
a. Request to be Covered
b. Eligibility to Apply
c. Continuation of General Permit After Expiration
E. Monitoring and Reporting
F. Additional General Permit Conditions
Part II--Standard Conditions

Changes From the Previous Permit

General Permits for each of the states of ME, MA and NH
are presented separately.
State of NH--limits of pH flexibility is added.
All States--commingling of effluent from water treatment
facility is allowed so long as the effluent can be monitored before it
mixes with other streams of wastewater.
Notification by Permittees, Geographic Area and
Administrative Aspects ( request to be covered and eligibility to apply
) are transferred from Fact Sheet and Supplemental Information to Part
I, Permit Section I.D.

Fact Sheet and Supplementary Information

I. Introduction

The Director of the Office of Ecosystem Protection, EPA-New
England, is issuing draft general permits for water treatment facility
discharges to certain waters of the States of Maine, Massachusetts, and
New Hampshire. This notice contains part I of the draft general NPDES
permits and part II, Standard Conditions.

II. Coverage of General Permits

Section 301(a) of the Clean Water Act (the Act) provides that the
discharge of pollutants is unlawful except in accordance with a
National Pollutant Discharge Elimination System (NPDES) permit unless
such a discharge is otherwise authorized by the Act. Although such
permits are generally issued to individual discharges, EPA's
regulations authorize the issuance of ``general permits'' to categories
of discharges (see 40 CFR 122.28). EPA may issue a single, general
permit to a category of point sources located within the same
geographic area whose discharges warrant similar pollution control
measures.
A. The Director of an NPDES permit program is authorized to issue a
general permit if there are a number of point sources operating in a
geographic area that:
1. Involve the same or substantially similar types of operations;
2. Discharge the same types of wastes;
3. Require the same effluent limitations or operating conditions;
4. Require the same or similar monitoring requirements; and
5. In the opinion of the Director, are more appropriately
controlled under a general permit than under individual permits.
B. The similarity of the discharges prompted EPA to issue the
December 9, 1994 general permit. When reissued, this permit will enable
facilities currently covered under the expired general permit to
maintain compliance with the Act and will extend environmental and
regulatory controls to new dischargers and avoid a backlog of
individual permit applications. Violations of a condition of a general
permit constitute a violation of the Clean Water Act and subjects the
discharger to the penalties in section 309 of the Act.

III. Exclusions

EPA has determined that this general permit will not be available
to ``New Source'' dischargers as defined in 40 CFR 122.2 due to the
site specific nature of the environmental review required by the
National Environmental Policy Act of 1969 (NEPA), 33 U.S.C. 4321 et
seq. for those facilities. ``New Sources'' must comply with New Source
Performance Standards (NSPS) and are subject to the NEPA process in 40
CFR 6.600. Consequently EPA has determined that it would be more
appropriate to address ``New Sources'' through the individual permit
process.
Any owner or operator authorized by a general permit may request to
be excluded from coverage of a general permit by applying for an
individual permit. This request may be made by submitting a NPDES
permit application together with reasons supporting the request. The
Director may also require any person authorized by a general permit to
apply for and obtain an individual permit. Any interested person may
petition the Director to take this action. However, individual permits
will not be issued for sources covered by these general permits unless
it can be clearly demonstrated that inclusion under the general permit
is inappropriate. The Director may consider the issuance of individual
permits when:
A. The discharger is not in compliance with the terms and
conditions of the general permit;
B. A change has occurred in the availability of demonstrated
technology or practices for the control or abatement of pollutants
applicable to the point source;
C. Effluent limitations guidelines are subsequently promulgated for
the point sources covered by the general NPDES permit;
D. A Water Quality Management plan or Total Maximum Daily Load
(TMDL) containing requirements applicable to such point sources is
approved;
E. Circumstances have changed since the time of the request to be
covered so that the discharger is no longer appropriately controlled
under the

[[Page 40652]]

general permit, or either a temporary or permanent reduction or
elimination of the authorized discharge is necessary;
F. The discharge(s) is a significant contributor of pollution or in
violation of State Water Quality Standards for the receiving water;
Or
G. The discharge(s) is into impaired water on the Federal Clean
Water Act 303(d) list for the State in question.
In accordance with 40 CFR 122.28(b)(3)(iv), the applicability of
the general permit is automatically terminated on the effective date of
the individual permit.

IV. Permit Basis and Other Conditions of the General NPDES Permit

A. Types of Discharge
Under this general permit, owners and operators of potable water
treatment plants in Maine, Massachusetts and New Hampshire may be
granted authorization to discharge process generated wastewaters into
waters of the respective states as follows:
a. treated presedimentation underflow;
b. treated underflow from the coagulation/settling processes using
aluminium compounds or polymers as coagulants; and
c. treated filter backwash water from filters.
This general permit shall apply specifically to operators that have
a discharge from a point source such as a sludge settling lagoon or
other device whereby comparable control of suspended solids is
possible.
B. Effluent Limitations

1. Statutory Requirements

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 without a permit. Section 402 of the Act, 33 U.S.C. 1342,
authorizes EPA to issue NPDES permits allowing discharges that will
meet certain requirements, including CWA sections 301, 304, and 401 (33
U.S.C. 1331, 1314, and 1341). Those statutory provisions state that
NPDES permits must include effluent limitations requiring authorized
discharges to: (1) meet standards reflecting specified levels of
technology-based treatment requirements; (2) comply with State Water
Quality Standards; and (3) comply with other state requirements adopted
under authority retained by states under CWA section 510, 33 U.S.C.
1370.
EPA is required to consider technology and water quality
requirements when developing permit limits. 40 CFR part 125, subpart A
sets the criteria and standards that EPA must use to determine which
technology-based requirements, requirements under section 301(b) of the
Act and/or requirements established on a case-by-case basis under
section 402(a)(1) of the Act, should be included in the permit.
The Clean Water Act requires that all discharges, at a minimum,
must meet effluent limitations based on the technology-based treatment
requirements for dischargers to control pollutants in their discharge.
Section 301(b)(1)(A) of the Act requires the application of Best
Practicable Control Technology Currently Available (BPT) with the
statutory deadline for compliance being July 1, 1977, unless otherwise
authorized by the Act. Section 301(b)(2) of the Act requires the
application of Best Conventional Control Technology (BCT) for
conventional pollutants, and Best Available Technology Economically
Achievable (BAT) for non-conventional and toxic pollutants. The
compliance deadline for BCT and BAT is as expeditiously as practicable
but in no case later than three years after the date such limitations
are promulgated and in no case later than March 31, 1989.

2. Technology-Based Effluent Limitations

EPA has not promulgated National Effluent Guidelines for water
treatment facility discharges. EPA also believes that the limits
established to meet the Water Quality Standards discussed below are
sufficient to satisfy BAT/BCT described in section 304(b) of the Act.

3. Water Quality Based Effluent Limitations

Under Section 301(b)(1)(C) of the Act, discharges are subject to
effluent limitations based on water quality standards. Receiving stream
requirements are established according to numerical and narrative
standards adopted under state and/or federal law for each stream use
classification. Section 401 of the CWA requires that EPA obtain State
certification which ensures that all water quality standards and other
appropriate requirements of state law will be satisfied. Regulations
governing State certification are set forth in 40 CFR 124.53 and
124.55.
The States of Maine, Massachusetts, and New Hampshire have
narrative criteria in their water quality regulations (see Maine Title
38, Article 4-A, Section 420 and Section 464.4.A.(4); Massachusetts 314
CMR 4.05(5)(e); and New Hampshire Part Env-Ws 1703.21) that prohibits
toxic discharges in toxic amounts. The permit does not allow for the
addition of materials or chemicals in amounts which would produce a
toxic effect to any aquatic life.
Water quality standards applicable to water treatment facility
discharges covered by this general permit include TSS and pH for all
states; limits of chlorine and aluminum for the state of Maine. The
limitations for TSS, pH, chlorine and aluminum are based upon
limitations in the existing permit in accordance with the anti-
backsliding requirements found in 40 CFR 122.44(1). A summary of the
limits and testing requirements for each state is described below:
Maine: Limits of monthly average and maximum daily TSS, pH,
Chlorine and Aluminum. Testing requirements of LC50 and C-NOEC.
Massachusetts and New Hampshire: Limits of monthly average and
maximum daily TSS and pH. Testing requirements for Chlorine, Aluminum,
LC50 and C-NOEC.
The state of New Hampshire may consider a change in pH under
certain conditions. The following language reveals when pH can be
changed for the state of New Hampshire:
The pH limits in the draft permit remain unchanged from the
existing permit, however, language has been added to this draft permit
allowing for a change in pH limit(s) under certain conditions as per
State Permit Conditions (part I.C.2.a.). A change would be considered
if the applicant can demonstrate to the satisfaction of NHDES-WD that
the in-stream pH standard will be protected when the discharge is
outside the permitted range, then the applicant or NHDES-WD may request
(in writing) that the permit limits be modified by EPA to incorporate
the results of the demonstration.
Anticipating the situation where NHDES-WD grants a formal approval
changing the pH limit(s) to outside the 6.5 to 8.0 Standard Units
(S.U.), EPA has added a provision to this draft permit (see New
Hampshire part I.C.1.g.). That provision will allow EPA to modify the
pH limit(s) using a certified letter approach. This change will be
allowed as long as it can be demonstrated that the revised pH limit
range does not alter the naturally occurring receiving water pH.
Reference part I.C.2.a. STATE PERMIT CONDITIONS in that permit.
However, the pH limit range cannot be less restrictive than found in
the applicable National Effluent Limitation Guideline for the facility
or to a default range of 6.0 to 9.0 S.U. in the situation of no

[[Page 40653]]

applicable guideline, whichever is more stringent.
If the State approves results from a pH demonstration study, this
permit's pH limit range can be relaxed in accordance with 40 CFR
122.44(l)(2)(i)(B) because it will be based on new information not
available at the time of this permit's issuance. This new information
includes results from the pH demonstration study that justifies the
application of a less stringent effluent limitation. EPA anticipates
that the limit determined from the demonstration study as approved by
the NHDES-WD will satisfy all effluent requirements for this discharge
category and will comply with New Hampshire's Surface Water Quality
Regulations amended on September 30, 1996.
C. Antidegradation Provisions
The conditions of the permit reflect the goal of the CWA and EPA to
achieve and maintain water quality standards. The environmental
regulations pertaining to the State Antidegradation Policies which
protect the State's surface waters from degradation of water quality
are found in the following provisions: Maine Title 38, Article 4-A,
Section 464.4.F.; Massachusetts Water Quality Standards 314 CMR 4.04
Antidegradation Provisions ; and New Hampshire RSA 485-A:8, VI Part
Env-Ws 1708.
This general permit does not apply to any new or increased
discharge to any outstanding national resource water or the territorial
seas. It also does not apply to any new or increased discharge to other
waters unless the discharge is shown to be consistent with the state's
antidegradation policies. This determination shall be made in
accordance with the appropriate State Antidegradation implementation
procedures. EPA will not authorize these discharges under the general
permit until it receives a favorable antidegradation review and
certification from the States.
D. Monitoring and Reporting Requirements
Effluent limitations and monitoring requirements which are included
in the general permit describe the requirements to be imposed on the
facilities to be covered.
Facilities covered by the final general permits will be required to
submit to EPA, New England Region and the appropriate State authority,
a Discharge Monitoring Report (DMR) containing effluent data. The
frequency of reporting is determined in accordance with each State's
provisions (see the individual State permits).
The monitoring requirements have been established to yield data
representative of the discharge under authority of section 308(a) of
the Act and 40 CFR 122.41(j), 122.44(i) and 122.48, and as certified by
the State.
E. Endangered Species
The proposed limits are sufficiently stringent to assure water
quality standards, both for aquatic life protection and human health
protection, will be met. The effluent limitations established in these
permits ensure protection of aquatic life and maintenance of the
receiving water as an aquatic habitat. The Region finds that adoption
of the proposed permits 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 and
National Marine Fisheries Service on this determination.
F. Standard Permit Condition
40 CFR 122.41 and 122.42 must be complied with. Specific language
will be provided to permittees in part II of the permit
G. State (401) Certification
Section 401 of the CWA provides that no Federal license or permit,
including NPDES permits, to conduct any activity that may result in any
discharge into navigable waters shall be granted until the State in
which the discharge originates certifies that the discharge will comply
with the applicable provisions of sections 301, 302, 303, 306, and 307
of the CWA. The section 401 certification process is underway in all
States. In addition, EPA and the Commonwealth of Massachusetts jointly
issue the final permit.
H. The Coastal Zone Management Act
The Coastal Zone Management Act (CZMA), 16 U.S.C. 1451 et seq., and
its implementing regulations (15 CFR part 930) require that any
federally licensed activity affecting the coastal zone with an approved
Coastal Zone Management Program (CZMP) be determined to be consistent
with the CZMP. In the case of general permits, EPA has the
responsibility for making the consistency certification and submitting
it to the state for concurrence. EPA has requested the MEDEP, Division
of Water Resource Regulation, 17 State House, Augusta, ME 04333; the
Executive Office of Environmental Affairs, MACZM, 100 Cambridge Street,
Boston, MA 02202; and the Office of State Planning, New Hampshire
Coastal Program, 2\1/2\ Beacon Street, Concord, NH 03301, to provide a
consistency concurrence that the proposed general permit is consistent
with the ME, MA and NH Coastal Zone Management Program respectively.
I. Environmental Impact Statement Requirements
The general permits do not authorize discharges from any new
sources as defined under 40 CFR 122.2. Therefore, the National
Environmental Policy Act, 33 U.S.C. 4321 et seq., does not apply to the
issuance of these general NPDES permits.
J. National Historic Preservation Act of 1966, 16 U.S.C. SS470 et seq.
Facilities which adversely affect properties listed or eligible for
listing in the National Registry of Historic Places under the National
Historic Preservation Act of 1996, 16 U.S.C. SS470 et seq. are not
authorized to discharge under this permit.
K. Essential Fish Habitat
Under the 1996 Amendments (Public Law 104-267) to the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.
(1998)), EPA is required to consult with NMFS if EPA's action or
proposed actions that it funds, permits or undertakes, ``may adversely
impact any essential fish habitat.'' 16 U.S.C. 1855(b). The Amendments
broadly define ``essential fish habitat'' (EFH) as ``waters and
substrate necessary to fish for spawning, breeding, feeding or growth
to maturity.'' 16 U.S.C. 1802(10). Adverse impact means any impact
which reduces the quality and/or quantity of EFH 50 CFR 600.910(a).
Adverse effects may include direct (e.g., contamination or physical
disruption), indirect (e.g., loss of prey, reduction in species'
fecundity), site-specific or habitat-wide impacts, including
individual, cumulative or synergistic consequences of actions. Id.
Essential Fish Habitat is only designated for fish species for
which federal Fisheries Management Plans exist. 16 U.S.C.
1855(b)(1)(A). EFH designations for New England were approved by the
U.S. Department of Commerce on March 3, 1999.
The proposed limits for this general permit are sufficiently
stringent to assure that state water quality standards will be met. The
effluent limitations established in these permits ensure protection of
aquatic life and maintenance of the receiving water as an aquatic
habitat. The Region finds that adoption of the proposed permits is
unlikely to adversely affect any fish or shellfish currently listed
with a

[[Page 40654]]

Fisheries Management Plan or its critical habitat. EPA sought written
concurrence from the National Marine Fisheries Service on this
determination and incorporated their comments in section III G. of the
Fact Sheet.

V. Other Legal Requirements

A. Executive Order 12866
EPA has determined that this general permit is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
B. Paperwork Reduction Act
The information collection requirements of this permit were
previously approved by the Office of Management and Budget under the
provisions of the Paperwork Reduction Act. 44 U.S.C.3501 et seq., and
assigned OMB control number 2040-0086 (NPDES permit application) and
2040-0004 (Discharge Monitoring Reports).
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq.,
requires that EPA prepare a regulatory flexibility analysis for rules
subject to the requirements of 5 U.S.C. 553(b) that have a significant
impact on a substantial number of small entities. The permit issued
today, however, is not a ``rule'' subject to the requirements of 5
U.S.C. 553(b) and is therefore not subject to the Regulatory
Flexibility Act.
D. 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'' (defined to be the same as ``rules''
subject to the RFA) on tribal, state and local governments and the
private sector. The permit issued today, however, is not a ``rule''
subject to the RFA and is therefore not subject to the requirements of
UMRA.

Dated: June 20, 2000.
Mindy Lubber,
Regional Administrator, Region 1.

Part I--Draft General Permits Under the National Pollutant
Discharge Elimination System (NPDES)

Note: The following three draft general permits have been
combined for purposes of this Federal Register. Part I A, part I B
and part I C contain general permits for the states of ME, MA,
(including both Commonwealth and Indian Country Lands) and NH
respectively. Part I.D. is common to all three permits.

A. Maine General Permit, Permit No. MEG640000

In compliance with the provisions of the Federal Clean Water Act,
as amended, (33 U.S.C. 1251 et seq.; the ``CWA''), operators of
facilities discharging effluent from water treatment facilities located
in Maine are authorized to discharge to all waters of the State unless
otherwise restricted by Title 38, Article 4-A, Water Classification
Program, in accordance with effluent limitations, monitoring
requirements and other conditions set forth herein. No discharge into
lakes is authorized by this permit. The permit allows water treatment
facility discharges to be commingled with other discharges as long as
the water treatment facility discharges can be monitored separately for
compliance. In Maine the General NPDES Permit is not available to the
dischargers in Indian Country. EPA will in the near future be making a
decision regarding whether State law applies in Indian Country in Maine
for the purposes of water quality regulation in response to the State's
application to implement the NPDES Permit program in Indian Country.
Until then we will not know from whom to accept section 401 of the
Clean Water Act certification and so are not making the permit
available in Indian Country.
This permit shall become effective when issued.
This permit and the authorization to discharge expire at midnight,
five years from the effective date of the Federal Register publication
and supersedes the permit issued on December 9, 1994.
Signed this day of ----
----------------------------------------------------------------------

Linda M. Murphy,
Director, Office of Ecosystem Protection, Environmental Protection
Agency, Boston, MA 02114.
Effluent Limitations and Monitoring Requirements
1. During the period beginning on the effective date and lasting
through expiration, the permittee is authorized to discharge effluent
from its water treatment facility. a. Each outfall discharging effluent
from its water treatment facility shall be limited and monitored as
specified below. Monitoring for each outfall shall be reported.

--------------------------------------------------------------------------------------------------------------------------------------------------------
Discharge limitations other units (Specify) Monitoring requirements
------------------------------------------------------------------------------------------------------------------
Effluent characteristic Measurement \1\
Avg. monthly Max. daily frequency Sample type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flow (mgd)........................... Report................................. 0.15 1/week................. Total Daily.
TSS (mg/l)........................... 30..................................... 50 1/week................. Grab.
pH (s.u.)............................ See note A.1.d......................... ........... 1/week................. Grab.
Total Residual Chlorine (mg/l) \2\... ....................................... 1.0 1/week................. Grab.
Aluminum, Tot. Rec. (mg/l)........... ....................................... 5.0 1/month................ Grab.
LC50 and C-NOEC (%) \3\.............. See note A.1.g......................... ........... ....................... 24-Hr. comp.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Samples shall be taken only when discharging.
\2\ Test and report only if chlorination is used in the process.
\3\ LC-50 is the concentration of effluent in a sample that causes mortality to 50% of the test population at a specific time of observation. C-NOEC ,
No Observed Chronic Effect Concentration, is the highest concentration of effluent to which organisms are exposed in a life-cycle or partial life-
cycle test which cause no adverse effect on growth, survival and reproduction.

b. The discharge shall not cause a violation of the water quality
standards.
c. Effluent from water treatment facility may be discharged only
into Class B, C, SB, and SC waters that have a drainage area larger
than ten (10) square miles in accordance with Maine State Law.
d. The pH of the effluent shall not be less than 6.0 standard units
nor greater than 8.5 standard units any time unless these values are
exceeded due to natural causes or as a result of an approved treatment
process. pH shall be monitored monthly with 4 grabs, reporting maximum
and minimum values.

[[Page 40655]]

e. There shall be no discharge of floating solids or visible foam
in other than trace amounts.
f. Samples taken in compliance with the monitoring requirements
specified above shall be taken at a location that provides a
representative analysis of the effluent just prior to discharge to the
receiving water or if the effluent is commingled with another permitted
discharge, prior to such commingling.
g. Chronic (and modified acute) toxicity test(s) shall be performed
on the water treatment facility discharge by the permittee upon request
by EPA and/or MEDEP. Testing shall be performed in accordance with EPA
toxicity protocol to be provided at the time of request. The test shall
be performed on a 24-hour composite sample to be taken during normal
facility operation. The results of the test (C-NOEC and LC-50 ) shall
be forwarded to State and EPA within 30 days after completion.
h. A minimum dilution of effluent of 100:1 in the receiving water
at 7Q10 should be stipulated.

B. Massachusetts General Permit, Permit No. MAG640000

In compliance with the provisions of the Federal Clean Water Act,
as amended, (33 U.S.C. 1251 et seq.; the ``CWA''), and the
Massachusetts Clean Waters Act, as amended, (M.G.L. Chap. 21, sections
26-53), operators of facilities located in Massachusetts, which
discharge effluent from water treatment facilities to the classes of
waters as designated in the Massachusetts Water Quality Standards, 314
CMR 4.00 et seq., are authorized to discharge to all waters, unless
otherwise restricted, in accordance with effluent limitations,
monitoring requirements and other conditions set forth herein.
The permit allows effluent from water facility discharges to be
commingled with other discharges as long as the effluent from the water
treatment facility can be monitored separately for compliance. This
permit shall become effective when issued.
This permit and the authorization to discharge expire at midnight,
five years from the effective date of the Federal Register publication
and supersedes the permit issued on December 9, 1994.

Signed this day of
----------------------------------------------------------------------

Linda M. Murphy,
Director, Office of Ecosystem Protection, U.S. Environmental Protection
Agency, Boston, MA 02114.
----------------------------------------------------------------------

Glenn Haas,
Director, Division of Watershed Management, Department of Environmental
Protection, Commonwealth of Massachusetts, Boston, MA.

Effluent Limitations and Monitoring Requirements
1. During the period beginning on the effective date and lasting
through expiration, the permittee is authorized to discharge effluent
from its water treatment facility.
a. Each outfall discharging effluent from its water treatment
facility shall be limited and monitored as specified below. Monitoring
for each outfall shall be reported.

----------------------------------------------------------------------------------------------------------------
Discharges limitations other units
Effluent characteristic (specify) Monitoring
requirements ------------------------------------ measurement \1\ Sample type
Avg. monthly Max. daily frequency
----------------------------------------------------------------------------------------------------------------
Flow, (mgd).................. ................ 1.0............. 1/week.......... Total daily.
TSS, (mg/l).................. 30.............. 50.............. 1/week.......... 4 grabs.
pH, (s.u.)................... (see part ................ 1/week.......... 4 grabs.
I.B.1.e or f).
Total Residual Chlorine, (mg/ Report.......... Report.......... 1/week.......... 4 grabs.
l)\2\.
Aluminum, Tot. Rec. (mg/l)... ................ Report.......... 1/month......... 4 grabs.
LC-50 and C-NOEC, (%)\3\..... (see part ................ ................ 24-hr. comp.
I.B.1.g).
----------------------------------------------------------------------------------------------------------------
\1\ Samples shall be taken only when discharging.
\2\ Test and report only if chlorination is used in the process.
\3\ LC-50 is the concentration of effluent in a sample that causes mortality to 50% of the test population at a
specific time of observation. C-NOEC , No Observed Chronic Effect Concentration, is the highest concentration
of effluent to which organisms are exposed in a life-cycle or partial life-cycle test which cause no adverse
effect on growth, survival and reproduction.

b. The discharge shall not cause a violation of the water quality
standards.
c. There shall be no discharge of floating solids or visible foam
in other than trace amounts.
d. Samples taken in compliance with the monitoring requirements
specified above shall be taken at a location that provides a
representative analysis of the effluent just prior to discharge to the
receiving water or if the effluent is commingled with another
discharge, prior to such commingling.
e. The pH of the effluent for discharges to Class A and Class B
waters shall be in the range of 6.5-8.3 standard units and not more
than 0.5 units outside of the background range. There shall be no
change from background conditions that would impair any uses assigned
to the receiving water Class.
f. The pH of the effluent for discharges to Class SA and Class SB
waters shall be in the range of 6.5-8.5 standard units and not more
than 0.2 units outside of the normally occurring range. There shall be
no change from background conditions that would impair any uses
assigned to the receiving water Class.
g. Chronic (and modified acute) toxicity test(s) shall be performed
on the water treatment facility discharge by the permittee upon request
by EPA and/or MADEP. Testing shall be performed in accordance with EPA
toxicity protocol to be provided at the time of the request. The test
shall be performed on a 24-hour composite sample to be taken during
normal facility operation. The results of the test (C-NOEC and
LC50 ) shall be forwarded to State and EPA within 30 days
after completion.
2. State Permit Conditions
1. This Discharge Permit is issued jointly by the U.S.
Environmental Protection Agency (EPA) and the Department of
Environmental Protection under Federal and State law, respectively. As
such, all the terms and conditions of this permit are hereby
incorporated into and constitute a discharge permit issued by the
Director of the Massachusetts Division of Watershed Management pursuant
to M.G.L. Chap. 21, section 43.
2. Each Agency shall have the independent right to enforce the
terms and conditions of this Permit. Any modification, suspension or
revocation of this Permit shall be effective only with respect to the
Agency taking such action, and shall not affect the validity or status
of this Permit as issued by the other Agency, unless and until each

[[Page 40656]]

Agency has concurred in writing with such modification, suspension or
revocation. In the event any portion of this Permit is declared,
invalid, illegal or otherwise issued in violation of State law such
permit shall remain in full force and effect under Federal law as an
NPDES Permit issued by the U.S. Environmental Protection Agency. In the
event this Permit is declared invalid, illegal or otherwise issued in
violation of Federal law, this Permit shall remain in full force and
effect under State law as a Permit issued by the Commonwealth of
Massachusetts.

C. New Hampshire General Permit, Permit No. NHG640000

Signed this day of
----------------------------------------------------------------------

Linda M. Murphy,
Director, Office of Ecosystem Protection, Environmental Protection
Agency, Boston, MA 02114.

Effluent Limitations and Monitoring Requirements
1. During the period beginning on the effective date and lasting
through expiration, the permittee is authorized to discharge effluent
from its water treatment facility.
a. Each outfall discharging effluent from water treatment
facilities shall be limited and monitored as specified below.
Monitoring for each outfall shall be reported.

----------------------------------------------------------------------------------------------------------------
Discharges limitations other units Monitoring requirements
(specify) ----------------------------------------------
Effluent characteristic ------------------------------------ Measurement \1\
Avg. monthly Max. daily frequency Sample type
----------------------------------------------------------------------------------------------------------------
Flow, (mgd).................. ................ 1.0............. 1/week.......... Total daily.
TSS, (mg/l).................. 30.............. 50.............. 1/week.......... Grab.
pH, (s.u.) (see Part I.C.1.e) For limits see ................ 1/week.......... Grab.
part I.C.2.a.
Total Residual Chlorine, (mg/ Report.......... Report.......... 1/week.......... Grab.
l)\2\.
Aluminum, Tot. Rec., (mg/l).. ................ Report.......... 1/month......... Grab.
LC-50 and C-NOEC, (%)\3\..... (see part ................ ................ 24-hour composite.
I.C.1.f).
----------------------------------------------------------------------------------------------------------------
\1\ Samples shall be taken only when discharging.
\2\ Test and report only if chlorination is used in the process.
\3\ LC-50 is the concentration of effluent in a sample that causes mortality to 50% of the test population at a
specific time of observation. C-NOEC, No Observed Chronic Effect Concentration, is the highest concentration
of effluent to which organisms are exposed in a life-cycle or partial life-cycle test which cause no adverse
effect on growth, survival and reproduction at a specific time of observation as determined from hypothesis
testing where the test results (growth, survival and/or reproduction) exhibit a linear dose-response
relationship. However, where the test results do not exhibit a linear dose-response relationship, report the
lowest concentration where there is no observable effect.

b. The discharge shall not cause a violation of the water quality
standards of the receiving water.
c. The discharge shall be adequately treated to insure that the
surface water remains free from pollutants in concentrations or
combinations that settle to form harmful deposits, float as foam,
debris, scum or other visible pollutants. It shall be adequately
treated to insure that the surface waters remain free from pollutants
which odor, color, taste or turbidity in the receiving water which is
not naturally occurring and would render it unsuitable for its
designated uses.
d. Samples taken in compliance with the monitoring requirements
specified above shall be taken at a location that provides a
representative analysis of the effluent just prior to discharge to the
receiving water or, if the effluent is commingled with another
permitted discharge, prior to such commingling.
e. The permittee may submit a written request to the EPA requesting
a change in the permitted pH limit range to be not less restrictive
than any applicable federal effluent guideline for the facility or to a
default range of 6.0 to 9.0 S.U. in the situation of no applicable
guideline, whichever is more stringent. The permittee's written request
must include the State's letter containing an original signature (no
copies). The State's letter shall state that the permittee has
demonstrated to the State's satisfaction that as long as discharges to
the receiving water from a specific outfall are within a specific
numeric pH range the naturally occurring receiving water pH will be
unaltered. That letter must specify for each outfall the associated
numeric pH limit range. Until written notice is received by certified
mail from the EPA indicating the pH limit range has been changed, the
permittee is required to meet the permitted pH limit range in the
respective permit.
f. One chronic (and modified acute) toxicity test shall be
performed on the water treatment facility's discharge by the permittee
upon request by EPA and/or the NHDES. Testing shall be performed in
accordance with EPA toxicity protocol to be provided at the time of the
request. The test shall be performed on a 24-hour composite sample to
be taken during normal facility operation. The results of the test (C-
NOEC and LC50 ) shall be forwarded to the State and EPA
within 30 days after completion.
2. State Permit Conditions
a. The permittee shall comply with the following conditions which
are included as State Certification requirements.
The pH range for class B waters shall be 6.5-8.0 S.U. or as
naturally occurs in the receiving water. The 6.5-8.0 S.U. range must be
achieved in the final effluent unless the permittee can demonstrate to
Division that: (1) The range should be widened due to naturally
occurring conditions in the receiving water or (2) the naturally
occurring source water pH is unaltered by the permittees operation. The
scope

[[Page 40657]]

of any demonstration project must receive prior approval from the
Division.
b. This NPDES Discharge Permit is issued by the U.S. Environmental
Protection Agency under Federal and State law. Upon final issuance by
the EPA, the New Hampshire Department of Environmental Services, Water
Division, may adopt this Permit, including all terms and conditions, as
a state permit pursuant to RSA 485-A:13.

D. Common Elements for All Permits

1. Conditions of the General NPDES Permit

a. Geographic Areas

Maine (Permit No. MEG640000). All of the discharges to be
authorized by the general NPDES permit for dischargers located in the
State of Maine are into all waters of the State unless otherwise
restricted by Title 38, Article 4-A, Water Classification Program (or
as revised). In Maine the General NPDES Permit is not available to the
dischargers in Indian Country. EPA will in the near future be making a
decision regarding whether State law applies in Indian Country in Maine
for the purposes of water quality regulation in response to the State's
application to implement the NPDES Permit program in Indian Country.
Until then we will not know from whom to accept section 401 of the
Clean Water Act certification and so are not making the permit
available in Indian Country.
Massachusetts (Permit No. MAG640000). All of the discharges to be
authorized by the general NPDES permit for dischargers in the
Commonwealth of Massachusetts are into all waters of the Commonwealth
unless otherwise restricted by the Massachusetts Surface Water Quality
Standards, 314 CMR 4.00 (or as revised), including 314 CMR 4.04(3)
Protection of Outstanding Resource Waters.
New Hampshire (Permit No. NHG640000). All of the discharges to be
authorized by the general NPDES permit for dischargers in the State of
New Hampshire are into all waters of the State of New Hampshire unless
otherwise restricted by the State Water Quality Standards, New
Hampshire RSA 485-A:8 (or as revised).

b. Notification by Permittees

Operators of facilities whose discharge, or discharges, are
effluent from water treatment facilities and whose facilities are
located in the geographic areas described in part I.D.1.a above, may
submit to the Regional Administrator, EPA--New England, a notice of
intent to be covered by the appropriate general permit. Notifications
must be submitted by permittees who are seeking coverage under this
permit for the first time and by those permittees who received coverage
under the expired permit. This written notification must include for
each individual facility, the owner's and/or operator's legal name,
address and telephone number; the facility name, address, contact name
and telephone number; the number and type of facilities (SIC code) to
be covered; the facility location(s); a topographic map (or other map
if a topographic map is not available) indicating the facility
location(s) and discharge point(s); latitude and longitude of
outfall(s); the name(s) of the receiving waters into which discharge
will occur; the source of water i.e., river intake, private well etc.
to be treated; an antidegradation review where necessary see section
IV. C of the Fact Sheet; new and increased discharges from water
treatment facility that may adversely affect a listed or proposed to be
listed endangered or threatened species or its critical habitat are not
authorized under this general permit (see section IV. E of the Fact
Sheet); and a list of water treatment chemicals used by the facility.
The notice must be signed in accordance with the signatory requirements
of 40 CFR 122.22.
Each facility must certify that the discharge for which it is
seeking coverage under this general permit consists solely of effluent
from discharges from the water treatment facilities. If the discharge
of the water treatment facility subsequently mixes with other
wastewater (e.g. stormwater) prior to discharging to a receiving water,
the permittee must certify that the monitoring it will provide under
this general permit will be only for water treatment facility. An
authorization to discharge under this general permit, where the water
treatment facility discharges to a municipal or private storm drain
owned by another party, does not convey any rights or authorization to
connect to that drain.
Each facility must also submit a copy of the notice of intent to
each State authority as appropriate (see individual state permits for
appropriate authority and address).
The facilities authorized to discharge under the final general
permit will receive written notification from EPA, New England Region,
with State concurrence. Failure to submit to EPA, New England Region, a
notice of intent to be covered and/or failure to receive from EPA
written notification of permit coverage means that the facility is not
authorized to discharge under this general permit.
2. Administrative Aspects

a. Request To be Covered

A facility is not covered by any of these general permits until it
meets the following requirements. First, it must send a notice of
intent to EPA and the appropriate State indicating it meets the
requirements of the permit and wants to be covered. And second, it must
be notified in writing by EPA that it is covered by this general
permit.

b. Eligibility to Apply

Any facility operating under an effective (unexpired) individual
NPDES permit may request that the individual permit be revoked and that
coverage under the general permit be granted, as outlined in 40 CFR
122.28(b)(3)(v). If EPA revokes the individual permit, the general
permit would apply to the discharge.
Facilities with expired individual permits that have been
administratively continued in accordance with 40 CFR 122.6 may apply
for coverage under this general permit. When coverage is granted the
expired individual permit automatically will cease being in effect.
Proposed new dischargers may apply for coverage under this general
permit and must submit the NOI 90 days prior to the discharge.
Facilities with coverage under the current general permit issued on
December 9, 1994, effective on January 9, 1995 and expired on January
9, 2000 need to apply for coverage under this general permit within 60
days from the effective date of the permit. Failure to submit a Notice
of Intent within 60 days for continuation of the discharge will be
considered discharging without a permit as of the expiration date of
the expired permit (January 9, 2000) for enforcement purposes. A Notice
of Intent is not required if the permittee submits a Notice of
Termination (see part I.F.1) of discharge before the sixty days
expires.
c. Continuation of this General Permit after Expiration
If this permit is not reissued prior to the expiration date, it
will be administratively continued in accordance with the
Administrative Procedures Act and remain in force and in effect as to
any particular permittee as long as the permittee submits a new Notice
of Intent two (2) months prior to the expiration date in the permit.
However, once this permit expires EPA cannot provide written
notification of coverage under this general permit to any permittee who
submits Notice of

[[Page 40658]]

Intent to EPA after the permit's expiration date. Any permittee who was
granted permit coverage prior to the expiration date will automatically
remain covered by the continued permit until the earlier of:
(1) Reissuance of this permit, at which time the permittee must
comply with the Notice of Intent conditions of the new permit to
maintain authorization to discharge; or
(2) The permittee's submittal of a Notice of Termination; or
(3) Issuance of an individual permit for the permittee's
discharges; or
(4) A formal permit decision by the Director not to reissue this
general permit, at which time the permittee must seek coverage under an
alternative general permit or an individual permit.

E. Monitoring and Reporting

Maine and Massachusetts
Monitoring results obtained during the previous 3 months shall be
summarized for each quarter and reported on separate Discharge
Monitoring Report Form(s) postmarked no later than the 15th day of the
month following the completed reporting period. The reports are due on
the 15th day of January, April, July and October. The first report may
include less than 3 months information.
New Hampshire
Monitoring results obtained during the previous month shall be
summarized for each month and reported on separate Discharge Monitoring
Report Form(s) postmarked no later than the 15th day of the month
following the completed reporting period. The reports are due on the
15th day of the month following the reporting period.
The reports as stated above should be sent to EPA and the States at
the following addresses:
1. EPA
Submit original signed and dated DMRs and all other reports
required herein at the following addressee: U.S. Environmental
Protection Agency, Water Technical Unit (SEW), Post Office Box 8127,
Boston, MA 02114.
2. Massachusetts Department of Environmental Protection
a. The Regional Offices wherein the discharge occurs, shall receive
a copy of the DMRs required herein:

Massachusetts Department of Environmental Protection, Western Regional
Office, Post Office Box 2410, Springfield, MA 01103
Massachusetts Department of Environmental Protection, Southeastern
Regional Office, 20 Riverside Drive, Lakeville, MA 02347
Massachusetts Department of Environmental Protection, Northeastern
Regional Office, 205A Lowell Street, Wilmington, MA 01887
Massachusetts Department of Environmental Protection, Central Regional
Office, 627 Main Street, Worcester, Massachusetts 01608

b. Copies of all toxicity tests and other notifications, except
DMRs required by this permit shall also be submitted to the State at:

Massachusetts Department of Environmental Protection, Division of
Watershed Management, 627 Main Street, Worcester, MA 01608

c. Copies of the State Application Form BRP WM 11, Appendix A-
Request for General Permit coverage, may be obtained at the DEP website
at (www.state.magnet.us/dep); by telephoning the DEP Info Service
Center (Permitting) at (617) 338-2255 or 1-800-462-0444 in 508, 413,
978 and 781 area codes; or from any DEP Regional Service Center located
in each Regional Office.
3. Maine Department of Environmental Protection
Signed copies of all reports required by this permit shall be sent
to the State at: Maine Department of Environmental Protection, Division
of Water Resource Regulation, 17 State House, Augusta, ME 04333.
4. New Hampshire Department of Environmental Services
Signed copies of all reports required by this permit shall be sent
to the State at: New Hampshire Department of Environmental Services,
Water Division, P.O. Box 95, 6 Hazen Drive, Concord, New Hampshire
03302-0095.

F. Additional General Permit Conditions

1. Termination of Operations
Operators of facilities and/or operations authorized under this
permit shall notify the Director upon the termination of discharges.
The notice must contain the name, mailing address, and location of the
facility for which the notification is submitted, the NPDES permit
number for the water treatment facility discharge identified by the
notice, and an indication of whether the water treatment facility
discharge has been eliminated or the operator of the discharge has
changed. The notice must be signed in accordance with the signatory
requirements of 40 CFR 122.22.
2. When the Director May Require Application for an Individual NPDES
Permit
a. The Director may require any person authorized by this permit to
apply for and obtain an individual NPDES permit. Any interested person
may petition the Director to take such action. Instances where an
individual permit may be required include the following:
(1) The discharge(s) is a significant contributor of pollution;
(2) The discharger is not in compliance with the conditions of this
permit;
(3) A change has occurred in the availability of the demonstrated
technology of practices for the control or abatement of pollutants
applicable to the point source;
(4) Effluent limitation guidelines are promulgated for point
sources covered by this permit;
(5) A Water Quality Management Plan or Total Maximum Daily Load
containing requirements applicable to such point source is approved;
(6) Discharge to the territorial sea
(7) Discharge to outstanding natural resource water.
(8) The point source(s) covered by this permit no longer:
(a) Involves the same or substantially similar types of operations;
(b) Discharges the same types of wastes;
(c) Requires the same effluent limitations or operating conditions;
(d) Requires the same or similar monitoring; and
(e) In the opinion of the Director, is more appropriately
controlled under a general permit than under an individual NPDES
permit.
b. The Director may require an individual permit only if the
permittee authorized by the general permit has been notified in writing
that an individual permit is required, and has been given a brief
explanation of the reasons for this decision.
3.When an Individual NPDES Permit May Be Requested
a. Any operator may request to be excluded from the coverage of
this general permit by applying for an individual permit.
b. When an individual NPDES permit is issued to an operator
otherwise subject to this general permit, the applicability of this
permit to that owner or operator is automatically terminated on the
effective date of the individual permit.

[[Page 40659]]

Part II. Standard Conditions

Section A. General Requirements

1. Duty To Comply
The permittee must comply with all conditions of this permit. Any
permit noncompliance constitutes a violation of the Clean Water Act and
is grounds for enforcement action; for permit termination, revocation
and reissuance, or modification; or for denial of a permit renewal
application.
a. The permittee shall comply with effluent standards or
prohibitions established under section 307(a) of the CWA for toxic
pollutants and with standards for sewage sludge use or disposal
established under section 405 (d) of the CWA within the time provided
in the regulations that establish these standards or prohibitions, even
if the permit has not yet been modified to incorporate the requirement.
b. The CWA provides that any person who violates sections 301, 302,
306, 307, 308, 318, or 405 of the CWA or any permit condition or
limitation implementing any of such sections in a permit issued under
section 402, or any requirement imposed in a pretreatment program
approved under sections 402(a)(3) or 402(b)(8) of the CWA is subject to
a civil penalty not to exceed $25,000 per day for each violation. Any
person who negligently violates such requirements 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 l year, or both. Any person who
knowingly violates such requirements 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. Note: See 40 CFR
122.41(a)(2) for additional enforcement criteria.
c. Any person may be assessed an administrative penalty by the
Administrator for violating sections 301, 302, 306, 307, 308, 318, or
405 of the CWA, or any permit condition or limitation implementing any
of such sections in a permit issued under section 402 of the CWA.
Administrative penalties for Class I violations are not to exceed
$10,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $25,000. Penalties for Class II violations are
not to exceed $10,000 per day for each day during which the violation
continues, with the maximum amount of any Class II penalty not to
exceed $125,000.
2. Permit Actions
This permit may be modified, revoked and reissued, or terminated
for cause. The filing of a request by the permittee for a permit
modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not
stay any permit condition.
3. Duty To Provide Information
The permittee shall furnish to the Regional Administrator, within a
reasonable time, any information which the Regional Administrator may
request to determine whether cause exists for modifying, revoking and
reissuing, or terminating this permit, or to determine compliance with
this permit. The permittee shall also furnish to the Regional
Administrator, upon request, copies of records required to be kept by
this permit.
4. Reopener Clause
The Regional Administrator reserves the right to make appropriate
revisions to this permit in order to establish any appropriate effluent
limitations, schedules of compliance, or other provisions which may be
authorized under the CWA in order to bring all discharges into
compliance with the CWA.
5. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties to which the permittee is
or may be subject under section 311 of the CWA, or section 106 of the
Comprehensive Environmental Response, Compensation and Liability Act of
1980 (CERCLA).
6. Property Rights
The issuance of this permit does not convey any property rights of
any sort, nor any exclusive privileges.
7. Confidentiality of Information
a. In accordance with 40 CFR part 2, any information submitted to
EPA pursuant to these regulations may be claimed as confidential by the
submitter. Any such claim must be asserted at the time of submission in
the manner prescribed on the application form or instructions or, in
the case of other submissions, by stamping the words ``confidential
business information'' on each page containing such information. If no
claim is made at the time of submission, EPA may make the information
available to the public without further notice. If a claim is asserted,
the information will be treated in accordance with the procedures in 40
CFR part 2 (Public Information).
b. Claims of confidentiality for the following information will be
denied:
(i) The name and address of any permit applicant or permittee;
(ii) Permit applications, permits, and effluent data as defined in
40 CFR 2.302(a)(2).
c. Information required by NPDES application forms provided by the
Regional Administrator under section 122.21 may not be claimed
confidential. This includes information submitted on the forms
themselves and any attachments used to supply information required by
the forms.
8. Duty To Reapply
If the permittee wishes to continue an activity regulated by this
permit after its expiration date, the permittee must apply for and
obtain a new permit. The permittee shall submit a new notice of intent
at least 60 days before the expiration date of the existing permit,
unless permission for a later date has been granted by the Regional
Administrator. (The Regional Administrator shall not grant permission
for applications to be submitted later than the expiration date of the
existing permit.)
9. State Authorities
Nothing in parts 122, 123, or 124 precludes more stringent State
regulation of any activity covered by these regulations, whether or not
under an approved State program.
10. Other Laws
The issuance of a permit does not authorize any injury to persons
or property or invasion of other private rights, nor does it relieve
the permittee of its obligation to comply with any other applicable
Federal, State, and local laws and regulations.

Section B. Operation and Maintenance of Pollution Controls

1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit and with the requirements
of storm water pollution prevention plans. Proper operation and
maintenance also includes adequate laboratory controls and appropriate
quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems only when the
operation is necessary to achieve compliance with the conditions of the
permit.

[[Page 40660]]

2. 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.
3. Duty To Mitigate
The permittee shall take all reasonable steps to minimize or
prevent any discharge or sludge use or disposal in violation of this
permit which has a reasonable likelihood of adversely affecting human
health or the environment.
4. Bypass
a. Definitions.
(1) ``Bypass'' means the intentional diversion of waste streams
from any portion of a treatment facility.
(2) ``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.
b. Bypass not exceeding limitations. The permittee may allow any
bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure
efficient operation. These bypasses are not subject to the provisions
of paragraphs B.4.c and 4.d of this section.
c. 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 submit notice of an unanticipated bypass as
required in paragraph D.1.e (24-hour notice).
d. Prohibition of bypass.
(1) Bypass is prohibited, and the Regional Administrator 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)(i) The permittee submitted notices as required under paragraph
4.c of this section.
(ii) The Regional Administrator may approve an anticipated bypass,
after considering its adverse effects, if the Regional Administrator
determines that it will meet the three conditions listed above in
paragraph 4.d of this section.
5. Upset
a. Definition. ``Upset'' means an exceptional incident in which
there is unintentional and temporary non-compliance 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.
b. Effect of an upset. An upset constitutes an affirmative defense
to an action brought for noncompliance with such technology-based
permit effluent limitations if the requirements of paragraph B.5.c of
this section are met. No determination made during administrative
review of claims that noncompliance was caused by upset, and before an
action for noncompliance, is final administrative action subject to
judicial review.
c. 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 in
Paragraphs D.1.a and 1.e (24-hour notice); and
(4) The permittee complied with any remedial measures required
under B.3. above.
d. Burden of proof. In any enforcement proceeding the permittee
seeking to establish the occurrence of an upset has the burden of
proof.

Section C. Monitoring and Records

1. Monitoring and Records
a. Samples and measurements taken for the purpose of monitoring
shall be representative of the monitored activity.
b. Except for records of monitoring information required by this
permit related to the permittee's sewage sludge use and disposal
activities, which shall be retained for a period of at least five years
(or longer as required by 40 CFR part 503), 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 except for the
information concerning storm water discharges which must be retained
for a total of 6 years. This retention period may be extended by
request of the Regional Administrator at any time.
c. Records of monitoring information shall include:
(1) The date, exact place, and time of sampling or measurements;
(2) The individual(s) who performed the sampling or measurements;
(3) The date(s) analyses were performed;
(4) The individual(s) who performed the analyses;
(5) The analytical techniques or methods used; and
(6) The results of such analyses.
d. Monitoring results must be conducted according to test
procedures approved under 40 CFR part 136 or, in the case of sludge use
or disposal, approved under 40 CFR part 136 unless otherwise specified
in 40 CFR part 503, unless other test procedures have been specified in
the permit.
e. The Clean Water Act provides that any person who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device or
method required to be maintained under this permit shall, upon
conviction, be punished by a fine of not more than $10,000, or by
imprisonment for not more than 2 years, or both. If a conviction of a
person is for a violation committed after a first conviction of such
person under this paragraph, punishment is a fine of not more than
$20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
2. Inspection and Entry
The permittee shall allow the Regional Administrator, or an
authorized representative (including an authorized contractor acting as
a representative of the Administrator), upon presentation of
credentials and other documents as may be required by law, to:

[[Page 40661]]

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 purposes of
assuring permit compliance or as otherwise authorized by the Clean
Water Act, any substances or parameters at any location.

Section D. Reporting Requirements

1. Reporting Requirements
a. Planned changes. The permittee shall give notice to the Regional
Administrator 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 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 to the effluent
limitations in the permit, nor to the notification requirements under
40 CFR 122.42(a)(1).
(3) The alteration or addition results in a significant change in
the permittee's sludge use or disposal practices, and such alteration,
addition or change may justify the application of permit conditions
different from or absent in the existing permit, including notification
of additional use or disposal sites not reported during the permit
application process or not reported pursuant to an approved land
application plan.
b. Anticipated noncompliance. The permittee shall give advance
notice to the Regional Administrator of any planned changes in the
permitted facility or activity which may result in noncompliance with
permit requirements.
c. Transfers. This permit is not transferable to any person except
after notice to the Regional Administrator. The Regional Administrator
may require modification or revocation and reissuance of the permit to
change the name of the permittee and incorporate such other
requirements as may be necessary under the Clean Water Act. (See
section 122.61; in some cases, modification or revocation and
reissuance is mandatory.)
d. Monitoring reports. Monitoring results shall be reported at the
intervals specified elsewhere in this permit.
(1) Monitoring results must be reported on a Discharge Monitoring
Report (DMR) or forms provided or specified by the Regional
Administrator for reporting results of monitoring of sludge use or
disposal practices.
(2) If the permittee monitors any pollutant more frequently than
required by the permit using test procedures approved under 40 CFR part
136 or, in the case of sludge use or disposal, approved under 40 CFR
part 136 unless otherwise specified in 40 CFR part 503, or as specified
in the permit, the results of this monitoring shall be included in the
calculation and reporting of the data submitted in the DMR or sludge
reporting form specified by the Regional Administrator.
(3) Calculations for all limitations which require averaging of
measurements shall utilize an arithmetic mean unless otherwise
specified by the Regional Administrator in the permit.
e. Twenty-four hour reporting.
(1) The permittee shall report any noncompliance which may endanger
health or the environment. Any information shall be provided orally
within 24 hours from the time the permittee becomes aware of the
circumstances.
A written submission shall also be provided within 5 days of the
time the permittee becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance and its
cause; 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 steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
(2) The following shall be included as information which must be
reported within 24 hours under this paragraph.
(a) Any unanticipated bypass which exceeds any effluent limitation
in the permit. (See section 122.41(g))
(b) Any upset which exceeds any effluent limitation in the permit.
(c) Violation of a maximum daily discharge limitation for any of
the pollutants listed by the Regional Administrator in the permit to be
reported within 24 hours. (See section 122.44(g))
(3) The Regional Administrator may waive the written report on a
case-by-case basis for reports under paragraph D.1.e if the oral report
has been received within 24 hours.
f. Compliance Schedules. Reports of compliance or noncompliance
with, or any progress reports on, interim and final requirements
contained in any compliance schedule of this permit shall be submitted
no later than 14 days following each schedule date.
g. Other noncompliance. The permittee shall report all instances of
noncompliance not reported under paragraphs D.1.d, D.1.e and D.1.f of
this section, at the time monitoring reports are submitted. The reports
shall contain the information listed in paragraph D.1.e of this
section.
h. 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 Regional Administrator, it shall promptly submit such
facts or information.
2. Signatory Requirement
a. All applications, reports, or information submitted to the
Regional Administrator shall be signed and certified. (See section
122.22)
b. The CWA provides that any person who knowingly makes any false
statement, representation, or certification in any record or other
document submitted or required to be maintained under this permit,
including monitoring reports or reports of compliance or non-compliance
shall, upon conviction, be punished by a fine of not more than $10,000
per violation, or by imprisonment for not more than 6 months per
violation, or by both.
3. Availability of Reports
Except for data determined to be confidential under paragraph A.8.
above, all reports prepared in accordance with the terms of this permit
shall be available for public inspection at the offices of the State
water pollution control agency and the Regional Administrator. As
required by the CWA, effluent data shall not be considered
confidential. Knowingly making any false statement on any such report
may result in the imposition of criminal penalties as provided for in
section 309 of the CWA.

Section E. Other Conditions

1. Definitions for purposes of this permit are as follows:
Administrator means the Administrator of the United States

[[Page 40662]]

Environmental Protection Agency, or an authorized representative.

Applicable standards and limitations means all State, interstate,
and Federal standards and limitations to which a ``discharge'' or a
related activity is subject to, including water quality standards,
standards of performance, toxic effluent standards or prohibitions,
``best management practices,'' and pretreatment standards under
sections 301, 302, 303, 304, 306, 307, 308, 403, and 405 of CWA.
Application means the EPA standard national forms for applying for
a permit, including any additions, revisions or modifications to the
forms; or forms approved by EPA for use in ``approved States,''
including any approved modifications or revisions.
Average means the arithmetic mean of values taken at the frequency
required for each parameter over the specified period. For total and/or
fecal coliforms, the average shall be the geometric mean.
Average monthly discharge limitation means the highest allowable
average of ``daily discharges'' over a calendar month, calculated as
the sum of all daily discharges measured during a calendar month
divided by the number of daily discharges measured during that month.
Average weekly discharge limitation means the highest allowable
average of ``daily discharges'' over a calendar week, calculated as the
sum of all daily discharges measured during a calendar week divided by
the number of daily discharges measured during that week.
Best Management Practices (BMPs) means schedules of activities,
prohibitions of practices, maintenance procedures, and other management
practices to prevent or reduce the pollution of ``waters of the United
States.'' BMPs also include treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or
leaks, sludge or waste disposal, or drainage from raw material storage.
Best Professional Judgement (BPJ) means a case-by-case
determination of Best Practicable Treatment (BPT), Best Available
Treatment (BAT) or other appropriate standard based on an evaluation of
the available technology to achieve a particular pollutant reduction.
Composite Sample--A sample consisting of a minimum of eight grab
samples collected at equal intervals during a 24-hour period (or lesser
period as specified in the section on Monitoring and Reporting) and
combined proportional to flow, or a sample continuously collected
proportionally to flow over that same time period.
Continuous Discharge means a ``discharge'' which occurs without
interruption throughout the operating hours of the facility except for
infrequent shutdowns for maintenance, process changes, or similar
activities.
CWA or ``The Act'' means the Clean Water Act (formerly referred to
as the Federal Water Pollution Control Act or Federal Water Pollution
Control Act Amendments of 1972) Public Law 92-500, as amended by Public
Law 95-217, Public Law 95-576, Public Law 96-483 and Public Law 97-117;
33 U.S.C. 1251 et seq.
Daily Discharge means the discharge of a pollutant measured during
a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants with limitations
expressed in units of mass, the daily discharge is calculated as the
total mass of the pollutant discharged over the day. For pollutants
with limitations expressed in other units of measurements, the daily
discharge is calculated as the average measurement of the pollutant
over the day.
Director means the person authorized to sign NPDES permits by EPA
and/or the State.
Discharge Monitoring Report Form (DMR) means the EPA standard
national form, including any subsequent additions, revisions, or
modifications, for the reporting of self-monitoring results by
permittees. DMRs must be used by ``approved States'' as well as by EPA.
EPA will supply DMRs to any approved State upon request. The EPA
national forms may be modified to substitute the State Agency name,
address, logo, and other similar information, as appropriate, in place
of EPA's.
Discharge of a pollutant means:
(a) Any addition of any ``pollutant'' or combination of pollutants
to ``waters of the United States'' from any ``point source,'' or
(b) Any addition of any pollutant or combination of pollutants to
the waters of the ``contiguous zone'' or the ocean from any point
source other than a vessel or other floating craft which is being used
as a means of transportation.
This definition includes additions of pollutants into waters of the
United States from: surface runoff which is collected or channeled by
man; discharges through pipes, sewers, or other conveyances owned by a
State, municipality, or other person which do not lead to a treatment
works; and discharges through pipes, sewers, or other conveyances
leading into privately owned treatment works.
This term does not include an addition of pollutants by any
``indirect discharger.''
Effluent limitation means any restriction imposed by the Director
on quantities, discharge rates, and concentrations of ``pollutants''
which are ``discharged'' from ``point sources'' into ``waters of the
United States,'' the waters of the ``contiguous zone,'' or the ocean.
Effluent limitations guidelines means a regulation published by the
Administrator under Section 304(b) of CWA to adopt or revise ``effluent
limitations.''
EPA means the United States ``Environmental Protection Agency.''
Grab Sample--An individual sample collected in a period of less
than 15 minutes.
Hazardous Substance means any substance designated under 40 CFR
part 116 pursuant to section 311 of CWA.
Maximum daily discharge limitation means the highest allowable
``daily discharge.''
Municipality means a city, town, borough, county, parish, district,
association, or other public body created by of under State law and
having jurisdiction over disposal or sewage, industrial wastes, or
other wastes, or an Indian tribe or an authorized Indian tribe
organization, or a designated and approved management agency under
section 208 of CWA.
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, 402, 318, and 405 of
CWA. The term includes an ``approved program.''
New discharger means any building, structure, facility, or
installation:
(a) From which there is or may be a ``discharge of pollutants'';
(b) That did not commence the ``discharge of pollutants'' at a
particular ``site'' prior to August 13, 1979;
(c) Which is not a ``new source''; and
(d) Which has never received a finally effective NPDES permit for
discharges at that ``site''.
This definition includes an ``indirect discharger'' which commences
discharging into ``waters of the United States'' after August 13, 1979.
It also includes any existing mobile point source (other than an
offshore or coastal oil and gas exploratory drilling rig or a coastal
oil and gas developmental drilling rig) such as a seafood processing
rig, seafood processing vessel, or aggregate plant, that begins
discharging at a ``site'' for which it does not have a

[[Page 40663]]

permit; and any offshore or coastal mobile oil and gas exploratory
drilling rig or coastal mobile oil and gas developmental drilling rig
that commences the discharge of pollutants after August 13, 1979, at a
``site'' under EPA's permitting jurisdiction for which it is not
covered by an individual or general permit and which is located in an
area determined by the Regional Administrator in the issuance of a
final permit to be an area of biological concern. In determining
whether an area is an area of biological concern, the Regional
Administrator shall consider the factors specified in 40 CFR
125.122.(a)(1) through (10).
An offshore or coastal mobile exploratory drilling rig or coastal
mobile developmental drilling rig will be considered a ``new
discharger'' only for the duration of its discharge in an area of
biological concern.
New source means any building, structure, facility, or installation
from which there is or may be a ``discharge of pollutants,'' the
construction of which commenced:
(a) After promulgation of standards of performance under section
306 of CWA which are applicable to such.
(b) After proposal of standards of performance in accordance with
section 306 of CWA which are applicable to such source, but only if the
standards are promulgated in accordance with section 306 within 120
days of their proposal.
NPDES means ``National Pollutant Discharge Elimination System.''
Non-Contact Cooling Water is water used to reduce temperature which
does not come in direct contact with any raw material, intermediate
product, a waste product or finished product.
Owner or operator means the owner or operator of any ``facility or
activity'' subject to regulation under the NPDES programs.
Permit means an authorization, license, or equivalent control
document issued by EPA or an ``approved State.''
Person means an individual, association, partnership, corporation,
municipality, State or Federal agency, or an agent or employee thereof.
Point source means any discernible, confined, and discrete
conveyance, including but not limited to any pipe, ditch, channel,
tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, vessel, or other floating craft,
from which pollutants are or may be discharged. This term does not
include return flows from irrigated agriculture.
Pollutant means dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials (except those
regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C.
2011 et seq.)), heat, wrecked or discarded equipment, rock, sand,
cellar dirt and industrial, municipal, and agricultural waste
discharged into water. It does not mean:
(a) Sewage from vessels; or
(b) Water, gas, or other material which is injected into a well to
facilitate production of oil or gas, or water derived in association
with oil and gas production and disposed of in a well, if the well used
either to facilitate production or for disposal purposes is approved by
authority of the State in which the well is located, and if the State
determines that the injection or disposal will not result in the
degradation of ground or surface water resources.
Primary industry category means any industry category listed in the
NRDC settlement agreement (Natural Resources Defense Council et al. v.
Train, 8 E.R.C. 2120 (D.D.C. 1976), modified 12 E.R.C. 1833 (D.D.C.
1979)); also listed in appendix A of 40 CFR part 122.
Process wastewater means any water which, during manufacturing or
processing, comes into direct contact with or results from the
production or use of any raw material, intermediate product, finished
product, byproduct, or waste product.
Regional Administrator means the Regional Administrator, EPA,
Region I, Boston, Massachusetts.
State means any of the 50 States, the District of Columbia, Guam,
the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa,
the Trust Territory of the Pacific Islands.
Secondary Industry Category means any industry category which is
not a ``primary industry category.''
Toxic pollutant means any pollutant listed as toxic in appendix D
of 40 CFR part 122, under section 307(a)(l) of CWA.
Uncontaminated storm water is precipitation to which no pollutants
have been added and has not come into direct contact with any raw
material, intermediate product, waste product or finished product.
Waters of the United States means:
(a) All waters which are currently used, were used in the past, or
may be susceptible to use in interstate or foreign commerce, including
all waters which are subject to the ebb and flow of the tide;
(b) All interstate waters, including interstate ``wetlands.''
(c) All other waters such as intrastate lakes, rivers, streams
(including intermittent streams), mudflats, sandflats, ``wetlands,''
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds
the use, degradation, or destruction of which would affect or could
affect interstate or foreign commerce including any such waters:
(1) Which are or could be used by interstate or foreign travelers
for recreational or other purposes;
(2) From which fish or shellfish are or could be taken and sold in
interstate or foreign commerce; or
(3) Which are used or could be used for industrial purposes by
industries in interstate commerce;
(d) All impoundments of waters otherwise defined as waters of the
United States under this definition;
(e) Tributaries of waters identified in paragraphs (a)-(d) of this
definition;
(f) The territorial sea; and
(g) ``Wetlands'' adjacent to waters (other than waters that are
themselves wetlands) identified in paragraphs (a)--(f) of this
definition.
Whole Effluent Toxicity (WET) means the aggregate toxic effect of
an effluent measured directly by a toxicity test.
Wetlands means those areas that are inundated or saturated by
surface or ground water at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas.
2. Abbreviations when used in this permit are defined below:

cu. M/day or M3/day--cubic meters per day
mg/l--milligrams per liter
ug/l--micrograms per liter
lbs/day--pounds per day
kg/day--kilograms per day
Temp. deg.C--temperature in degrees Centigrade
Temp. deg.F--temperature in degrees Fahrenheit
Turb.--turbidity measured by the Nephelometric Method (NTU)
pH--a measure of the hydrogen ion concentration
CFS--cubic feet per second
MGD--million gallons per day
Oil & Grease--Freon extractable material
ml/l--milliliter(s) per liter
Cl2--total residual chlorine

[FR Doc. 00-16631 Filed 6-29-00; 8:45 am]
BILLING CODE 6560-50-P