[Federal Register Volume 66, Number 141 (Monday, July 23, 2001)]
[Notices]
[Pages 38266-38277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18193]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7012-6]
Final Issuance of National Pollutant Discharge Elimination System
(NPDES) General Permit for Discharges From Concentrated Animal Feeding
Operations in Arizona
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Final NPDES General Permit.
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SUMMARY: The Regional Administrator, EPA, Region 9, is today issuing an
NPDES general permit (permit No. AZG800000) for discharges from
concentrated animal feeding operations (CAFOs) in Arizona. A notice of
EPA's proposal to issue the permit was published in the Federal
Register on Friday, September 1, 2000. The public comment period for
this general permit ended on November 20, 2000. The final permit
establishes effluent limitations, prohibitions, best management
practices and other conditions governing the discharge of pollutants to
waters of the United States from CAFOs in Arizona.
DATES: This general permit shall be effective on August 27, 2001.
Deadlines for submittal of notices of intent to be governed by the
permit are provided in part III, section B of the general permit.
Today's general permit also provides additional dates for compliance
with permit requirements.
ADDRESSES: The index to the administrative record for the final general
permit is available from the EPA Region 9 office in San Francisco. The
NPDES general permit and other related documents in the administrative
record are on file at the EPA Region 9 office at the following address:
U.S. EPA, Region 9, CWA Standards and Permits Office (WTR-5), 75
Hawthorne Street, San Francisco, CA 94105-3901. The records are
available for inspection from 8:30 a.m. to 4:00 p.m., Monday through
Friday, excluding legal holidays. For appointments to examine the
administrative record, please call Jacques Landy at (415) 744-1922 or
Shirin Tolle at (415) 744-1898. A reasonable fee may be charged for
copying.
FOR FURTHER INFORMATION CONTACT: For further information on this permit
please contact Jacques Landy or Shirin Tolle, EPA Region 9, at the
address listed above or telephone Jacques Landy at (415) 744-1922 or
Shirin Tolle at (415) 744-1898. Copies of the permit, permit
appendices, fact sheet and response to comments document will be
provided upon request and are also available at EPA, Region 9's website
at http://www.epa.gov/region09/water/npdes/index.html (permit link
located under section heading Final NPDES Permits).
SUPPLEMENTARY INFORMATION:
Summary of Terms and Conditions of General Permit
A. Facility Coverage
This permit covers Concentrated Animal Feeding Operations (CAFOs as
defined in 40 CFR 122.23(b)) in Arizona and in Indian Country in
Arizona as set forth in part II, section A of the permit. An owner or
operator of a CAFO eligible for coverage under this general permit may
apply for an individual permit rather than seek coverage under the
general permit.
An owner or operator of a CAFO seeking coverage under this permit
must submit a Notice of Intent (NOI) to EPA, and to the Arizona
Department of Environmental Quality (ADEQ) or the appropriate Indian
Tribe. A NOI for an existing CAFO must be submitted within 180 days
after the effective date of this permit. An owner or operator seeking
coverage for a new facility must submit a NOI, and additional
information identified in Appendix C of the permit, at least ninety
days before the facility becomes a CAFO.
This permit will terminate five years after its effective date. In
accordance with 40 CFR 122.28(b)(3), EPA may require any discharger
authorized by this permit to apply for and obtain an individual NPDES
permit, and terminate or revoke coverage under the general permit.
Owners or operators authorized by this permit may also
[[Page 38267]]
request to be excluded from the general permit's coverage by applying
for an individual permit.
B. Effluent Limitations
This permit includes technology-based effluent limitations and
standards based on the effluent limitations guidelines for the Feedlots
Point Source Category, 40 CFR part 412. The permit also includes
conditions designed to achieve water quality standards established
under CWA, section 303, including Arizona's water quality criteria
codified at Arizona Administrative Code Title 18, Chapter 11, and
federally promulgated water quality standards codified at 40 CFR
131.31. Provisions requiring the use of best management practices
(BMPS) to control or abate the discharge of pollutants are included in
the permit pursuant to Clean Water Act (CWA) section 402(a)(1) and 40
CFR 122.43 and 122.44(k). Monitoring requirements are included pursuant
to 40 CFR 122.48 and 122.44(i), and conditions applicable to all
permits are included pursuant to 40 CFR 122.41.
A fact sheet briefly setting forth the principal facts and
significant factual, legal, methodological and policy questions
considered in preparing this final general permit is available as part
of the public record for this action. In addition, a response to the
comments received in response to the public notice of this permit has
been prepared pursuant to 40 CFR 124.17.
C. EPA issuance of General Permits
Arizona has not received approval to issue NPDES permits and
otherwise administer the NPDES program. Accordingly, EPA Region 9 is
issuing this general permit governing discharges from CAFOs pursuant to
CWA section 402.
EPA may issue either individual or general NPDES permits. General
permits, and the conditions under which they may be issued, are
described at 40 CFR 122.28. EPA may issue a general permit to regulate
a category of point sources, if the sources all involve substantially
similar types of operations, discharge the same types of wastes,
require the same effluent limitations, require similar monitoring, and
are more appropriately controlled under a general permit than under
individual permits. EPA has determined that CAFOs eligible for coverage
pursuant to Part II of the permit meet the criteria set forth in 40 CFR
122.28 and that issuance of the general permit is appropriate pursuant
to that provision.
D. National Environmental Policy Act
Pursuant to CWA section 511(c), and 40 CFR part 6, EPA has
conducted an environmental review of the proposed action, and has
determined that no significant impacts are anticipated and that an
Environmental Impact Statement (EIS) is not required. EPA has prepared
an environmental assessment and Finding of No Significant Impact
(FNSI), which are available as part of the public record for this
action.
This permit requires that a person seeking coverage for a new CAFO
must submit to EPA, and to the State or Indian Tribe, as appropriate,
an Environmental Information Document (EID), containing the information
identified in Appendix C, no later than 90 days before the operation
becomes a CAFO. This requirement will provide EPA an opportunity to
conduct an environmental review, determine if any significant impacts
are anticipated, determine if an environmental impact statement is
required and otherwise ensure compliance with NEPA requirements, with
respect to the proposed new source.
E. Endangered Species Act
Section 7(a)(2) of the Endangered Species Act (ESA) requires that
Federal agencies consult with the U.S. Fish and Wildlife Service (FWS)
to insure that any action authorized, funded or carried out by them
(also known as an ``agency action'') is not likely to jeopardize the
continued existence of any listed species or result in the destruction
or adverse modification of critical habitat. Part II, section B.2 of
the permit expressly prohibits coverage under the permit of any CAFO
which is likely to adversely affect a listed or proposed to be listed
threatened or endangered species or its critical habitat. Any such
facility would be required to apply for and obtain an individual NPDES
permit, and the process of issuing the individual permit would fully
address protection of endangered and threatened species and their
habitat though the section 7 consultation process of the Endangered
Species Act (ESA).
Following discussions with FWS, EPA has decided to issue the permit
pursuant to ESA section 7(d), without concluding the consultation with
FWS, based on the finding that this action will not result in an
irreversible or irretrievable commitment of resources.
F. National Historic Preservation Act
The National Historic Preservation Act (NHPA) and implementing
regulations require the Regional Administrator, before issuing a
permit, to adopt measures when feasible to mitigate potential adverse
effects of the permitted activity on properties listed or eligible for
listing in the National Register of Historic Places. The Act's
requirements are to be implemented in cooperation with State Historic
Preservation Officers and upon notice to, and when appropriate, in
consultation with the Advisory Council on Historic Preservation. This
permit provides that CAFOs which are likely to adversely affect
properties listed or eligible to be listed in the National Register of
Historic Places are ineligible for coverage under the permit. This
permit also requires that a person seeking coverage for a new CAFO must
submit to EPA, and to the State or Indian Tribe, as appropriate, an
Environmental Information Document (EID), containing information
related to impacts upon historical or archeological resources, no later
than 90 days before the operation becomes a CAFO. This requirement will
provide EPA an opportunity to ensure compliance with NHPA requirements
with respect to the proposed new source.
G. Permit Appeal Procedures
Within 120 days following notice of EPA's final decision for the
general permit under 40 CFR 124.15, any interested person may appeal
the permit in the Federal Court of Appeals in accordance with section
509(b)(1) of the CWA. Persons affected by a general permit may not
challenge the conditions of a general permit as a right in further
Agency proceedings. They may instead either challenge the general
permit in court, or apply for an individual permit as specified at 40
CFR 122.21 (and authorized at 40 CFR 122.28) and then petition the
Environmental Appeals Board to review any condition of the individual
permit pursuant to 40 CFR 124.19.
H. Paperwork Reduction Act
The information collection required by this permit has been
approved by Office of Management and Budget 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).
I. Economic Impact (Executive Order 12866)
Under Executive Order 12866 (58 FR 51735 (Oct. 4, 1993)), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of
[[Page 38268]]
the Executive Order. The Order defines ``significant regulatory
action'' as one that is likely to result in a rule that may have an
annual effect on the economy of $100 million or more or adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities; create a
serious inconsistency or otherwise interfere with an action taken or
planned by another agency; materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or the rights and
obligations of recipients thereof; or raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in the Executive Order.
EPA has determined that this final general permit is not a
``significant regulatory action'' under the terms of Executive Order
12866.
J. 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, unless otherwise prohibited by law, assess the effects of
Federal regulatory actions on State, local, and tribal governments, and
the private sector (other than to the extent that such regulations
incorporate requirements specifically set forth in law)''). 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 Procedures Act (APA)], or any other
law * * *''
As discussed in the RFA section of this notice, 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 Clean
Water Act. 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 has determined that this final general permit does not contain
a Federal requirement that may 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 this final general permit will not
significantly nor uniquely affect small governments. For UMRA purposes,
``small governments'' is defined by reference to the definition of
``small governmental jurisdiction'' under the RFA. (See UMRA section
102(1), referencing 2 U.S.C. 658, which references section 601(5) of
the RFA.) ``Small governmental jurisdiction'' means governments of
cities, counties, towns, etc., with a population of less than 50,000,
unless the agency establishes an alternative definition.
This final general permit also will not uniquely affect small
governments because compliance with the permit conditions affects small
governments in the same manner as any other entities seeking coverage
under the final general permit.
K. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., EPA is
required to prepare a Regulatory Flexibility Analysis to assess the
impact of rules on small entities. Under 5 U.S.C. 605(b), no Regulatory
Flexibility Analysis is required where the head of the Agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities.
The Agency takes the position that NPDES general permits are not
subject to rulemaking requirements under APA section 553 or any other
law. The requirements of APA section 553 apply only to the issuance of
``rules,'' which the APA defines in a manner that excludes permits. See
APA section 551(4), (6) and (8). The CWA also does not require
publication of a general notice of proposed rulemaking for general
permits. EPA publishes draft general NPDES permits for public comment
in the Federal Register in order to meet the applicable CWA procedural
requirement to provide ``an opportunity for a hearing.'' See CWA
section 402(a), 33 U.S.C. 1342(a).
Nevertheless, the Agency has determined that this permit will not
have a significant economic impact on a substantial number of small
entities. The permit requirements have been designed to minimize
significant administrative and economic impacts on small entities and
should not have a significant impact on regulated sources in general.
Moreover, the final general permit reduces a significant burden on
regulated sources of applying for individual permits.
L. Signature
Accordingly, I hereby find consistent with the provisions of the
RFA, that this final general permit will not have a significant impact
on a substantial number of small entities.
Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
Authorization To Discharge Under the National Pollutant Discharge
Elimination System
In compliance with the provisions of the Clean Water Act, as
amended, (33 U.S.C. 1251 et seq.), owners or operators of a
concentrated animal feeding operation that submit a completed Notice of
Intent in accordance with part III, section A for a concentrated animal
feeding operation located in the area specified in part II, section A
and eligible for permit coverage under part II, section B are
authorized to discharge pollutants to waters of the United States in
accordance with the conditions and requirements set forth herein.
This permit becomes effective on August 27, 2001.
This permit and the authorization to discharge expire at midnight,
August 26, 2006.
Dated: July 5, 2001.
Jane Diamond,
Acting Regional Administrator, Region IX.
Environmental Protection Agency Region 9 Concentrated Animal
Feeding Operations (CAFOs) National Pollutant Discharge Elimination
System (NPDES) General Permit NO. AZG800000 For the State of
Arizona
Table of Contents
Part I. Authority
Part II. Permit Coverage
A. Area
B. Sources
C. Reopener Clause for Endangered Species Protection
Part III. Application for Coverage
A. Notice of Intent
B. Deadline for Notice of Intent
C. Additional Information Regarding New CAFOs
D. Commencement of Authorization to Discharge
E. Expiration, Termination or Revocation of Coverage
Part IV. Permit Requirements
A. Effluent Limitations and Discharge Prohibitions
B. Special Conditions
1. Best Management Practices Plan
2. Minimum Standards
3. Nutrient Management
[[Page 38269]]
4. Inspections and Record Keeping
Part V. Discharge Notification and Monitoring
A. Discharge Notification
B. Discharge Monitoring
C. Sampling Methods and Procedures
D. Sample Documentation and Transport
Part VI. Standard Permit Conditions
A. General Conditions
B. Proper Operation and Maintenance
C. Monitoring and Records
D. Reporting Requirements
E. Signatory Requirements
F. Certification
G. Availability of Reports
H. Penalties for Violations of Permit Conditions
I. Upset
Part VII. Definitions
Part VIII. Availability of Technical and Legal References
Appendices
A. Notice of Intent
B. Notice of Termination
C. Environmental Information Document
D. Contact Names for State, Federal and Tribal Authorities
E. State of Arizona Agricultural General Permit Requirements
Part I. Authority
This permit is issued pursuant to Clean Water Act, section 402.
Part II. Permit Coverage
A. Area
The permit covers the State of Arizona and Indian Country in
Arizona subject to the jurisdiction of the following Indian Tribes: Ak-
Chin, Cocopah, Colorado River, Fort McDowell Mohave-Apache, Fort
Mohave, Fort Yuma-Quechan, Gila River, Havasupai, Hopi, Hualapai,
Kaibab Paiute, Navajo, Pascua Yaqui, Salt River Pima-Maricopa, San
Carlos, San Juan Southern Paiute, Tohono O'odham, Tonto Apache, White
Mountain Apache, Yavapai-Apache (Camp Verde), and Yavapai-Prescott.
B. Sources
The permit covers concentrated animal feeding operations (CAFOs) in
the permit area, except any CAFO that:
1. has been notified by the Director to apply for an individual
permit pursuant to 40 CFR 122.28(b)(3);
2. is likely to adversely affect a listed or proposed to be listed
endangered or threatened species or its critical habitat;
3. is likely to adversely affect properties listed or eligible to
be listed in the National Register of Historic Places; or
4. becomes a CAFO after the effective date of this permit and meets
any of the following conditions: (a) Discharges to a water quality
limited segment listed for: Total nitrogen, nitrogen species, total
phosphorus, turbidity, fecal coliform or E.Coli, (b) discharges to a
``Unique Water'' identified in Arizona Administrative Code R18-11-112,
or (c) is located within the 100 year floodplain.
C. Reopener Clause for Endangered Species Protection
This permit may be modified or revoked and reissued based on the
results of Endangered Species Act section 7 consultation with the U.S.
Fish and Wildlife Service.
Part III. Application for Coverage
A. Notice of Intent
An owner or operator of a CAFO seeking coverage under this permit
must submit a completed ``Notice of Intent to be Covered by General
Permit No. AZG800000 for Concentrated Animal Feeding Operations''
(NOI), attached as Appendix A, to: US EPA, Region 9, Attn.: AZG800000/
NOI, WTR-7, 75 Hawthorne St., San Francisco, CA 94105.
An owner or operator seeking coverage for a CAFO not in Indian
Country subject to the jurisdiction of an Indian Tribe identified in
Part II.A. must submit a copy of the completed NOI to: Arizona
Department of Environmental Quality, Water Quality Compliance Section,
Mail Code M0501, 3033 N. Central Avenue, Phoenix, AZ 85012.
An owner or operator seeking coverage for a CAFO in Indian Country
subject to the jurisdiction of an Indian Tribe identified in Part II.A.
must submit a copy of the completed NOI to the appropriate Indian
Tribe. See, Appendix D, Contact Names and Addresses.
B. Deadline for Notice of Intent
The deadline for submitting a completed NOI is:
1. For an operation which is a CAFO on the effective date of the
permit, 180 days after the effective date of the permit;
2. For an operation designated as a CAFO pursuant to 40 CFR
122.23(c), 90 days after designation as a CAFO; and
3. For an operation which becomes a CAFO after the effective date
of the permit, 90 days before the operation becomes a CAFO.
C. Additional Information Regarding New CAFOs
A person seeking coverage under this permit for an operation which
becomes a CAFO after the effective date of the permit and which meets
the definition of a ``new source'' as provided in Part VII.S of this
permit, must also submit to EPA, and to the State or Indian Tribe, as
appropriate, an ``Environmental Information Document'' (EID),
containing the information identified in Appendix C, no later than 90
days before the operation becomes a CAFO. For assistance in determining
whether an operation which becomes a CAFO after the effective date of
the permit meets the definition of new source, please contact Shirin
Tolle at (415) 744-1898 or Jacques Landy at (415) 744-1922.
D. Commencement of Authorization to Discharge
Authorization to discharge from an eligible CAFO in accordance with
the permit begins:
1. For an operation which is a CAFO on the effective date of the
permit, or designated as a CAFO pursuant to 40 CFR 122.23(c), 24 hours
after a complete and timely NOI is mailed to EPA; and
2. for an operation which becomes a CAFO after the effective date
of the permit, 90 days after a complete and timely NOI and EID is
mailed to EPA, unless the CAFO is notified by EPA during the 90-day
period following mailing of the NOI and EID, that more than 90 days are
required to process the NOI and conduct the National Environmental
Policy Act review required by 40 CFR 122.29(c).
E. Expiration, Termination or Revocation of Coverage
This permit expires five years after its effective date. If this
permit is not reissued prior to its expiration date, it will be
administratively continued in accordance with the Administrative
Procedures Act and any discharger authorized by this permit prior to
the expiration date will remain authorized under this permit until (i)
the permit is reissued or (ii) EPA publishes a determination not to
reissue this permit. In accordance with 40 CFR 122.28(b)(3), EPA may
require any discharger authorized by the permit to apply for and obtain
an individual NPDES permit, and terminate or revoke coverage under this
general permit. In accordance with 40 CFR 122.28(b)(3), any owner or
operator authorized by the permit may request to be excluded from
coverage of the general permit by applying for an individual permit.
Part IV. Permit Requirements
A. Effluent Limitations and Discharge Prohibitions
1. There shall be no discharge of waste, process waste water, or
process waste water pollutants to waters of the United States except
when storm events, either chronic or catastrophic, cause an overflow of
process waste water from a
[[Page 38270]]
facility properly designed, constructed, maintained, and operated to
contain:
a. All process generated waste waters resulting from the operation
of the CAFO (such as wash water, parlor water, watering system
overflow); plus
b.All contaminated runoff from a 25-year, 24-hour storm event.
2. Except for discharges which are
a. composed entirely of storm water runoff, snow melt runoff and/or
b. return flows from irrigated agriculture, originating from a land
area upon which manure and/or waste water from a CAFO has been applied
in accordance with a Best Management Practices Plan (BMP Plan) under
Part IV.B.1 and with a Nutrient Management Plan (NMP) under Part
IV.B.3.a, there shall be no discharge which causes or contributes to a
violation of a State or, if appropriate, tribal water quality standard.
3. Discharges of manure or process waste water from waste water
control or retention structures to waters of the United States by means
of a hydrologic connection are prohibited.
B. Special Conditions
1. Best Management Practices (BMP) Plan
a. Deadlines for developing and implementing a BMP Plan
A permittee must develop and implement a BMP Plan for the CAFO
covered by this permit:
i. For an operation which is a CAFO on the effective date of the
permit, by one year after the effective date of the permit;
ii. For an operation designated as a CAFO pursuant to 40 CFR
122.23(c), by one year after designation as a CAFO; and
iii. For an operation which becomes a CAFO after the effective date
of the permit, by the date on which the NOI for the CAFO is submitted.
b. Submission of BMP Plans for New CAFOs
A permittee for an operation which becomes a CAFO after the
effective date of the permit must submit the BMP Plan with the original
and the copy of the NOI for that CAFO to the agencies listed in Part
III.A, as appropriate.
c. Content of BMP Plan
A BMP Plan must:
i. be developed in accordance with standard engineering practices
as defined by the U.S. Department of Agriculture, Natural Resources
Conservation Service (NRCS), National Engineering Handbook, Part 651,
Agricultural Waste Management Field Handbook available at ftp://ftp.ftw.nrcs.usda.gov/pub/awmfh, or any subsequent NRCS revision of
Part 651 which the permittee references in the BMP Plan;
ii. describe the BMPs and Minimum Standards which the permittee
will implement to assure compliance with the permit;
iii. demonstrate that the waste water control or retention
structures are adequately designed (in accordance with NRCS
Conservation Practice Standard Code 313--Waste Storage Facilities or
any subsequent NRCS revision of Standard 313 which the permittee
references in the BMP Plan) and can achieve the effluent limitations
and discharge prohibitions of Part IV.A. above;
iv. identify the persons responsible for developing, implementing,
and revising the BMP Plan (including its inspection and record keeping
procedures), and describe their respective activities and
responsibilities;
v. include a map showing the drainage pattern, surface water
bodies, and existing waste water control or retention structures;
vi. list the significant chemicals and/or hazardous substances that
are used, stored or disposed of at the CAFO, and describe any
significant spills of these chemicals and/or hazardous substances at
the CAFO after the effective date of this permit;
vii. describe activities and chemicals and/or hazardous substances
which may be a potential pollutant source, including sources which may
reasonably be expected to add pollutants to runoff from the facility;
viii. include all existing sampling data obtained pursuant to Part
V.B;
ix. describe the inspection and record keeping procedures which the
permittee will implement pursuant to Part IV.B.4;
x. describe an appropriate schedule for preventive maintenance and
good housekeeping;
xi. identify areas which have a high potential for significant soil
erosion and describe measures to limit erosion and pollutant runoff;
xii. describe an employee training program pertaining to permit
compliance;
xiii. be signed in accordance with Part VI.E.; and
xiv. Be updated as appropriate.
2. Minimum Standards
Minimum Standards are applicable to the CAFO operation upon
issuance of the permit and are to be incorporated into the CAFO's BMP
Plan.
a. Diversion of Run-on
The permittee shall isolate feedlots and associated wastes from
outside surface drainage by ditches, dikes, berms, terraces or other
waste water control or retention structures, designed to carry, store
or contain peak flows during the 25-year, 24-hour storm event. The
permittee must protect any waste water control or retention structure
by berms or other appropriate structures to prevent inundation that may
occur during a 25-year, 24-hour flood event. The permittee should
consult with the County Flood Control District in order to ensure that
any measures taken to comply with this requirement are consistent with
Arizona law.
b. Waste Water Control or Retention Structure Freeboard
To maintain adequate capacity in waste water control or retention
structures, the permittee shall establish and maintain a minimum
freeboard for all waste water control or retention structures adequate
to prevent berm failure and overflow during normal operating conditions
and to ensure compliance with the permit conditions.
c. CAFO Expansion
The permittee shall not expand its CAFO, either in size or number
of animals, before making a determination and ensuring that wastes
generated by the expansion will not exceed the design capacity of the
waste water control or retention structures.
d. Land Application of Manure
Manure or process waste water must not be applied on land that is
flooded, saturated with water, frozen or snow covered, where such
conditions could reasonably be expected to result in a discharge of
manure or process waste water to waters of the United States.
e. Buffers and Equivalent Practices
The permittee shall maintain buffer strips or other equivalent
practices near feedlots, manure storage areas, and land application
areas that are sufficient to minimize discharge of pollutants to waters
of the United States.
f. Chemical Handling
The permittee shall ensure that wastes from facility activities
such as dipping and/or pest/parasite control and hazardous substances
or toxic pollutants do not enter any waters of the United States.
g. Disposal of Material into Waste Water Control or Retention
Structures
The disposal of any hazardous substances or toxic pollutants, other
[[Page 38271]]
than discharges associated with proper operation and maintenance of the
CAFO, into waste water control or retention structures is prohibited.
h. Dead Animals
The permittee must dispose of dead animals in a manner that
prevents contamination of waters of the United States.
i. Spills
The permittee must take appropriate measures to prevent and clean
up spills of any pollutants, and to report spills as required by Part
VI.D.3.
j. Facility Closure
The permittee shall close all waste water control or retention
structures in accordance with NRCS Conservation Practice Standard Code
360--Closure of Waste Impoundments or any subsequent NRCS revision of
Conservation Practice Standard Code 360 which the permittee references
in the BMP Plan.
l. Liner Requirements for New Waste Water Control or Retention
Structures
Waste water control or retention structures constructed after the
effective date of this permit shall incorporate either a synthetic or
soil liner in accordance with NRCS Agricultural Waste Management Field
Handbook Part 651.1080 Appendix 10D--Geotechnical, Design and
Construction Guidelines as posted at http://www.ncg.nrcs.usda.gov/awmfh.html or ftp://ftp.ftw.nrcs.usda.gov/pub/awmfh/ on August 24,
1998, or any subsequent NRCS revision of Part 651.1080 Appendix 10D
which the permittee references in the BMP Plan.
3. Nutrient Management
a. Nutrient Management Plan (NMP)
If manure or process waste water is applied to land under the
operational control of the permittee, the permittee shall, no later
than (i) two years after the effective date of the permit or (ii)
thirty (30) days before beginning land application, whichever is later,
develop a Nutrient Management Plan (NMP) approved by Arizona NRCS or a
Certified Nutrient Management Planning Specialist. The NMP must provide
that waste, process waste water and soil sampling shall be conducted in
accordance with the most current version of NRCS Conservation Practice
Standard--Arizona Nutrient Management, Code 590.
b. On-site Land Application of Manure or Process Waste Water
The permittee shall not land apply manure or process waste water
unless the permittee has completed an NMP and determined a site-
specific, quantified land application rate that does not exceed the
capacity of the soil and the planned crops to assimilate nutrients
based on the most limiting nutrient in the soil (e.g., phosphorus or
nitrogen), type of crop, realistic crop yields, soil type, and all
nutrient inputs in addition to those from the manure or process waste
water. The permittee shall not land apply manure or process waste water
in excess of the land application rate which it has determined under
the NMP.
c. Land Application Monitoring
On each day during which manure or process waste water is land
applied by the permittee, the permittee shall record the following
information to determine compliance with the land application rate:
i. Quantity of manure or process waste water applied (in gallons/
day, cubic feet/day, or acre-inches/day),
ii. Land application rate (in tons/acre or lbs/acre of process
waste water or manure), and
iii. Application area (in acres).
d. Off-Site Land Application of Manure or Process Waste Water
If the permittee provides manure or process waste water generated
at the CAFO to another person for off-site land application, the
permittee must:
i. Provide to the applier the nutrient values expected to be found
in the manure or process waste water;
ii. Inform the applier of the requirements of Arizona
Administrative Code Title 18, Chapter 9, Article 4, pertaining to
Agricultural General Permits (reproduced in Appendix E);
iii. Record the amount of manure or process waste water that leaves
the permitted operation; and
iv. For quantities greater than 100 tons provided to a single
recipient per week, record the name and address of the recipient.
4. Inspections and Record Keeping
a. The permittee shall retain a copy of the NOI, permit, BMP Plan,
NMP and other records required to be maintained under the permit at the
CAFO.
b. The permittee shall ensure each year that the person or persons
identified pursuant to Part IV.B.1.c.iv as responsible for implementing
the BMP Plan's inspection and record keeping procedures completely
inspects the CAFO and completes a report of the findings of the
inspection. The report must state:
i. Whether the BMP Plan's description of potential pollutant
sources is accurate,
ii. If the drainage map shows current conditions or must be
updated,
iii. What pollutants have entered the waste water control or
retention structures, and
iv. Whether the minimum standards are being implemented and are
adequate.
c. Waste Water Control or Retention Structure Inspection and
Monitoring
i. Monthly (and in any event within five days of each chronic
rainfall or catastrophic storm event), the permittee shall inspect the
waste water control or retention structures for berm integrity,
cracking, slumping, excess vegetation, burrowing animals and seepage.
ii. Quarterly (and in any event within five days of each chronic
rainfall or catastrophic storm event), waste water control or retention
structure freeboard (in feet) shall be monitored and recorded.
Freeboard records shall be kept with the BMP plan.
Part V. Discharge Notification and Monitoring
A. Discharge Notification
The permittee must report any discharge: within 24 hours, by verbal
notification to EPA at (415) 744-1905; and, within five (5) days of the
discharge, by written notification to EPA and to the State or Indian
tribe, as appropriate. The notification must include:
1. A description of the discharge and cause, whether excess
precipitation, snow melt, or other specified causes;
2. The date and time of the discharge, its duration and, if not
corrected, the anticipated time the discharge is expected to continue;
3. A description of the path to the receiving water and the name of
the receiving stream;
4. An estimate of the flow and volume discharged;
5. If the discharge was caused by a precipitation event,
information concerning the size of the precipitation event from the
National Weather Service or on-site rain gauge;
6. The name of the person recording the discharge; and
7. A description of steps being taken to reduce, eliminate and
prevent recurrence of the discharge.
B. Discharge Monitoring
The permittee must sample and analyze grab samples from all
overflows or discharges from the waste water control or retention
structures for the following analytes:
1. Fecal coliform bacteria;
2. 5-day Biochemical Oxygen Demand (BOD5);
[[Page 38272]]
3. Total Suspended Solids (TSS);
4. ammonia (NH3-N); nitrite (as N), nitrates (as N),
total Kjeldahl nitrogen (TKN as N); and
5. total phosphorus (as P);
The permittee shall: (a) collect the sample within 30 minutes of
commencement of the discharge; or (b) if sampling in that period is
inappropriate due to dangerous weather, flooding or other conditions,
collect the sample as soon as possible after suitable conditions occur,
and document the reason for the delay.
C. Sampling Methods and Procedures
Within 60 days of commencement of authorization to discharge as
provided by Part III.D of this permit, the permittee shall select a
licensed Arizona laboratory and inform the laboratory of the analytes
to be sampled. The permittee shall obtain the following polyethylene
sampling bottles from the laboratory: one 250 ml bottle for bacterial
analysis, one 500 ml bottle for BOD5 and TSS, and one 500 ml
bottle for nutrients. These bottles shall be kept ready on-site along
with an ice-chest. An on-site source of ice shall be identified for
sample preservation. Samples shall be taken as grab samples directly
from the end of pipes or from ditches or surface waters. Sample bottles
shall not touch solid surfaces during sampling. Sample bottles shall be
filled completely, and shall be packed in ice in the ice-chest and
delivered to the identified laboratory within six hours of sampling. At
the laboratory, the sampler or a designee identified by the sampler in
the field log shall sign the `relinquished by' box on a form which
shall be provided by the laboratory. On this form, the sampler or
designee shall note date and time when the samples are delivered. The
sampler or designee shall inform laboratory of sample type (waste
water) and analyses to be performed.
D. Sample Documentation and Transport
The permittee shall record the following information at the time of
the sampling event and shall include the information with the
facility's BMP plan pursuant to Part IV.B.1.c.viii of this permit:
1. Sample location and description of discharge;
2. Sampler's name(s);
3. Date and time of sample collection;
4. Date and time that sample arrived at laboratory; and
5. Name of person delivering sample to laboratory.
Part VI. Standard Permit Conditions
A. General Conditions
1. Introduction
In accordance with the provisions of 40 CFR 122.41, et seq., this
permit incorporates by reference ALL conditions and requirements
applicable to NPDES Permits set forth in the Clean Water Act, as
amended, (hereinafter known as the ``Act'') as well as ALL applicable
regulations.
2. Duty To Comply
The permittee must comply with all conditions of this permit. Any
permit noncompliance constitutes a violation of the Act and is grounds
for enforcement action; for permit termination, revocation, and
reissuance; for denial of a permit renewal application; and/or for
requiring a permittee to apply for and obtain an individual NPDES
permit.
3. Toxic Pollutants
The permittee shall comply with effluent standards and prohibitions
established under section 307(a) of the Act for toxic pollutants 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.
4. Permit Actions
This permit may be modified, revoked and reissued, or terminated
for cause. The filing of a request for a permit modification,
revocation and re issuance, or termination, or a notification of
planned changes or anticipated noncompliance, does not stay any permit
condition.
5. Property Rights
The issuance of this permit does not convey any property rights of
any sort, or any exclusive privileges, nor does it authorize any injury
to private property or any invasion of personal rights, nor any
infringement of Federal, State/Tribal or local laws or regulations.
6. Duty To Provide Information
The permittee shall furnish to the Director, within a reasonable
time, any information which the Director may request to determine
whether cause exists for modifying, revoking and reissuing, or
terminating this permit, or to determine compliance with this permit.
The permittee shall also furnish to the Director, upon request, copies
of records required to be kept by this permit.
7. Criminal and Civil Liability
Nothing in this permit will be construed to relieve the permittee
from civil or criminal penalties for noncompliance. Any false or
materially misleading representation or concealment of information
required to be reported by the provisions of the permit, the Act, or
applicable regulations which avoids or effectively defeats the
regulatory purpose of the permit may subject the permittee to criminal
enforcement pursuant to 18 U.S.C. Section 1001.
8. State/Tribal Laws
Nothing in this permit will be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties established pursuant to any
applicable State/Indian Tribe law or regulation under authority
preserved by section 510 of the Act.
9. Severability
The provisions of this permit are severable, and if any provision
of this permit or the application of any provision of this permit to
any circumstance, is held invalid, the application of such provision to
other circumstances, and the remainder of this permit, will not be
affected thereby.
B. Proper Operation and Maintenance
1. Need to Halt or Reduce Activity Not a Defense
It will not be a defense for a permittee in an enforcement action
to plead that it would have been necessary to halt or reduce the
permitted activity in order to maintain compliance with the conditions
of this permit.
2. Duty To Mitigate
The permittee shall take all reasonable steps to minimize or
prevent any discharge in violation of this permit which has a
reasonable likelihood of adversely affecting human health or the
environment.
3. Proper Operation and Maintenance
The permittee shall, at all times, properly operate and maintain
all facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit. Proper operation and
maintenance includes the operation of backup or auxiliary facilities or
similar systems only when necessary to achieve compliance with the
conditions of the permit.
[[Page 38273]]
C. Monitoring and Records
1. Inspection and Entry
The permittee shall allow the Director, or an authorized
representative, upon the presentation of credentials and other
documents as may be required by law, to:
a. Enter the permittee's premises where a regulated facility or
activity is located or conducted, or where records must be kept under
the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that
must be kept under the conditions of this permit;
c. Inspect, at reasonable times any facilities, equipment
(including monitoring and control equipment), practices, or operations
regulated or required under this permit; and
d. Sample or monitor, at reasonable times, for the purpose of
assuring permit compliance or as otherwise authorized by the Act, any
substances or parameters at any location.
2. Representative Sampling
Samples and measurements taken for the purpose of monitoring will
be representative of the monitored activity.
3. Retention of Records
The permittee shall retain records of all monitoring information,
including all calibration and maintenance records and all original
strip chart recordings for continuous monitoring instrumentation,
copies of all reports required by this permit, and records of all data
used to complete the application for this permit, for a period of at
least 3 years from the date of the sample, measurement, report, or
application. This period may be extended by request of the Director at
any time.
4. Record Content
Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
5. Monitoring Procedures
Monitoring must be conducted according to test procedures approved
under 40 CFR Part 136, unless other test procedures have been specified
in this permit or approved by the Regional Administrator. The
requirements at 40 CFR Part 136 may be accessed at the following web-
site: http://www.access.gpo.gov/nara/cfr/cfr-retrieve.html#page1
D. Reporting Requirements
1. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any
planned physical alterations or additions or changes in activity which
may result in noncompliance with permit requirements.
2. Transfers
This permit is not transferable to any person except after notice
to the Director. The Director 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 (CWA). (See 40 CFR 122.61; in some cases, modification or
revocation and reissuance is mandatory.)
3. Twenty-Four Hour Reporting
The permittee shall report any noncompliance which may endanger
human health or the environment. Any information must be provided
orally to the EPA Region IX, via its 24-hour voice mail system,
telephone number 415/744-1905 within 24 hours from the time the
permittee becomes aware of the noncompliance circumstances. Notice will
also be provided to ADEQ or the Tribal Authority, as appropriate. A
written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
The report must contain the following information:
a. A description of the noncompliance and its cause;
b. 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,
c. Steps being taken to reduce, eliminate, and prevent recurrence
of the noncompliance.
4. Other Information
Where the permittee becomes aware that it failed to submit any
relevant facts in a permit application, or submitted incorrect
information in a permit application or in any report to the Director,
the permittee shall promptly submit such facts or information to the
Director.
E. Signatory Requirements
All applications, reports, or information submitted to the Director
will be signed and certified consistent with 40 CFR 122.22:
1. All permit applications will be signed as follows:
a. For a corporation: By a responsible corporate officer. For the
purpose of this section, a responsible corporate officer means:
i. A president, secretary, treasurer, or vice-president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decision making functions for the
corporation; or,
ii. The manager of one or more manufacturing, production, or
operating facilities, provided, the manager is authorized to make
management decisions which govern the operation of the regulated
facility including having the explicit or implicit duty of making major
capital investment recommendations, and initiating and directing other
comprehensive measures to assure long term environmental compliance
with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather
complete and accurate information for permit application requirements;
and where authority to sign documents has been assigned or delegated to
the manager in accordance with corporate procedures; or
b. For a partnership or sole proprietorship: By a general partner
or the proprietor, respectively, By the co-permittee (if determined to
be operator).
2. All reports required by the permit and other information
requested by the Director shall be signed by a person described above
or by a duly authorized representative of that person. A person is a
duly authorized representative only if:
a. The authorization is made in writing by a person described
above;
b. The authorization specifies either an individual or a position
having responsibility for the overall operation of the regulated
facility or activity, such as the position of plant manager, operator
of a well or a well field, superintendent, or position of equivalent
responsibility, or an individual or position having overall
responsibility for environmental matters for the company. A duly
authorized representative may thus be either a named individual or an
individual occupying a named position; and,
c. The written authorization is submitted to the Director.
[[Page 38274]]
F. Certification
Any person signing a document under this section shall make the
following certification:
I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the
possibility of fines and imprisonment for knowing violations.
G. Availability of Reports
Any information submitted pursuant to this permit may be claimed as
confidential by the submitter. If no claim is made at the time of
submission, information may be made available to the public without
further notice.
H. Penalties for Violations of Permit Conditions
1. Criminal Penalties
a. Negligent violations: The Act provides that any person who
negligently violates Section 301, 302, 306, 307, 308, 318, or 405 of
the Act or any condition or limitation implementing those provisions in
a permit issued under Section 402 is subject to a fine of not less that
$2,750 nor more than $27,500 per day of violation, or by imprisonment
for not more than one year, or both.
b. Knowing violations: The Act provides that any person who
knowingly violates Section 301, 302, 306, 307, 308, 318 or 405 of the
Act or permit conditions implementing those provisions and who knows at
that time that he is placing another person in imminent danger of death
or serious bodily injury is subject to a fine of not more than
$275,000, or by imprisonment for not more than 15 years, or both.
c. Knowing endangerment: The Act provides that any person who
knowingly violates Sections 301, 302, 303, 306, 307, 308, 318, or 405
of the Act or permit conditions implementing those provisions and who
knows at that time that he is placing another person in imminent danger
of death or serious bodily injury is subject to a fine of not more than
$275,000, or by imprisonment for not more than 15 years, or both.
d. False statements: The Act provides that any person who knowingly
makes any false material statement, representation, or certification in
any application, record, report, plan, or other document filed or
required to be maintained under the Act or who knowingly falsifies,
tampers with, or renders inaccurate, any monitoring devise or method
required to maintained under the Act, shall upon conviction, be
punished by a fine of not more than $11,000, or by imprisonment for not
more than two years, or by both. If a conviction of a person is for a
violation committed after a first conviction of such person under this
paragraph, punishment shall be by a fine of not more than $22,000 per
day of violation, or by imprisonment of not more than four years, or by
both. (See Section 309(c)4 of the Clean Water Act)
2. Civil Penalties
The Act provides that any person who violates a permit condition
implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act
is subject to a civil penalty not to exceed $27,500 per day for each
violation. (See Section 309(d))
3. Administrative Penalties
The Act provides that the Administrator may assess a Class I or
Class II administrative penalty if the Administrator finds that a
person has violated Sections 301, 302, 306, 307, 308, 318, or 405 of
the Act or a permit condition or limitation implementing these
provisions, as follows (See Section 309(g))
a. Class I penalty; Not to exceed $11,000 per violation nor shall
the maximum amount exceed $27,500.
b. Class II penalty: Not to exceed $11,000 per day for each day
during which the violation continues nor shall the maximum amount
exceed $137,500.
I. Upset
1. Definition
``Upset'' means an exceptional incident in which there is
unintentional and temporary noncompliance with Part IV.A.1 of this
permit 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.
2. Effect of an Upset
An upset constitutes an affirmative defense to an action brought
for noncompliance with Part IV.A.1 of this permit if the requirements
of Part VI.I.3 of this permit 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.
3. 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:
(i) An upset occurred and that the permittee can identify the
cause(s) of the upset;
(ii) The permitted facility was at the time being properly
operated;
(iii) The permittee submitted notice of the upset as required in
Part V.A of this permit (24-hour notice); and
(iv) The permittee complied with any remedial measures required
under Part VI.B.2 of this permit.
4. Burden of Proof
In any enforcement proceeding the permittee seeking to establish
the occurrence of an upset has the burden of proof.
Part VII. Definitions
A. 25-Year, 24-Hour Storm Event
Means the maximum 24-hour precipitation event with a probable
recurrence interval of once in 25 years, as defined by the National
Weather Service in Technical Paper Number 40, ``Rainfall Frequency
Atlas of the United States'', May 1961, and subsequent amendments, or
equivalent regional or state rainfall probability information developed
therefrom. A current map showing the 25-year, 24-hour precipitation
event may be viewed at the following website: http://www.wrcc.dri.edu/pcpnfreq/az25y24.gif, which is maintained by the Western Regional
Climate Center, accessible through the Homepage for the
Hydrometeorological Design Studies Center, part of the National Weather
Service's Office of Hydrology.
B. Animal Feeding Operation
Is defined at 40 CFR 122.23(b) as: ``(1)* * * a lot or facility
(other than an aquatic animal production facility) where the following
conditions are met: (i) Animals (other than aquatic animals) have been,
are, or will be stabled or confined and fed or maintained for a total
of 45 days or more in any 12-month period, and (ii) Crops, vegetation
forage growth, or post-harvest residues are not sustained in the normal
growing season over any portion of the lot or facility. (2) Two or more
animal feeding operations under common ownership are considered, for
the purposes of these
[[Page 38275]]
regulations, to be a single animal feeding operation if they adjoin
each other or if they use a common area or system for the disposal of
wastes.''
C. Application
Means a written ``notice of intent'' pursuant to 40 CFR 122.28.
D. 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. Best Management
Practices also include treatment requirements, operating procedures,
and practices to control site runoff, spillage or leaks, sludge or
waste disposal, or drainage from raw material storage.
E. Catastrophic Storm Event
Is equivalent to a 25-year, 24-hour storm event. Catastrophic
events include tornadoes, hurricanes or other catastrophic conditions
that would cause an overflow from a waste water control or retention
structure that is designed, constructed, operated and maintained to
meet all the requirements of this permit.
F. Certified Nutrient Management Planning Specialist
Is a person, including a CAFO operator or other third party vendor,
who has completed the following training and who has received approval
by the Natural Resources Conservation Service (NRCS) as a ``Certified
Nutrient Management Planning Specialist.'' A Certified Nutrient
Management Planning Specialist has the authority to plan or approve
Nutrient Management Plans (NMPs) under this permit.
1. The following NRCS web-based classes, located at http://www.ftw.nrcs.usda.gov/nedc/homepage.html, must have been completed and
passed by a person training to be a Certified Nutrient Management
Planning Specialist prior to that person undertaking the training
described in subsection 2 below:
a. ``Introduction to Water Quality'',
b.''Nutrient Management Considerations in Conservation Planning'',
and
c.''Agricultural Waste Management Systems--A Primer''.
2. The following NRCS-Arizona 1-day Nutrient Management Training
Course must have been completed and passed by a person training to be a
Certified Nutrient Management Planning Specialist prior to that person
being eligible to obtain approval by the NRCS as a Certified Nutrient
Management Planning Specialist:
a. Conservation Planning Course Modules 1-5,
b. Federal Regulations,
c. Arizona Regulations, and
d. ``Arizona Nutrient Management Considerations in Conservation
Planning''.
G. Chronic Rainfall
Is a series of wet weather conditions that preclude de-watering of
properly maintained waste water control or retention structures.
H. Concentrated Animal Feeding Operation (CAFO)
Is defined at 40 CFR 122.23(b) to mean an animal feeding operation
which meets the criteria in appendix B of 40 CFR 122, or which the
Director so designates. Appendix B to Part 122-Criteria for Determining
a Concentrated Animal Feeding Operation (122.23) states that: ``An
animal feeding operation is a concentrated animal feeding operation for
purposes of 122.23 if either of the following criteria are met.
(a) More than the numbers of animals specified in any of the
following categories are confined:
(1) 1,000 slaughter and feeder cattle,
(2) 700 mature dairy cattle (whether milked or dry cows),
(3) 2,500 swine each weighing over 25 kilograms (approximately 55
pounds),
(4) 500 horses,
(5) 10,000 sheep or lambs,
(6) 55,000 turkeys,
(7) 100,000 laying hens or broilers (if the facility has continuous
overflow watering),
(8) 30,000 laying hens or broilers (if the facility has a liquid
manure system),
(9) 5,000 ducks, or
(10) 1,000 animal units; or
(b) More than the following number and types of animals are
confined:
(1) 300 slaughter and feeder cattle,
(2) 200 mature dairy cattle (whether milked or dry cows),
(3) 750 swine each weighing over 25 kilograms (approximately 55
pounds),
(4) 150 horses,
(5) 3,000 sheep or lambs,
(6) 16,500 turkeys,
(7) 30,000 laying hens or broilers (if the facility has continuous
overflow watering),
(8) 9,000 laying hens or broilers (if the facility has a liquid
manure system),
(9) 1,500 ducks, or
(10) 300 animal units;
and either one of the following conditions are met: pollutants are
discharged into navigable waters through a manmade ditch, flushing
system or other similar man-made device; or pollutants are discharged
directly into waters of the United States which originate outside of
and pass over, across, or through the facility or otherwise come into
direct contact with the animals confined in the operation.
Provided, however, that no animal feeding operation is a
concentrated animal feeding operation as defined above if such animal
feeding operation discharges only in the event of a 25 year, 24-hour
storm event.''
I. Discharge
Means the ``discharge of a pollutant''.
J. Discharge of a Pollutant
Means any addition of any pollutant or combination of pollutants to
waters of the United States from any point source. This definition
includes additions of pollutants into waters of the United States from:
surface water 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. [See, 40 CFR 122.2.]
K. Effective Date of the Permit
Is August 27, 2001.
L. Feedlot
Means a concentrated, confined animal or poultry growing operation
for meat, milk, or egg production, or stabling, in pens or houses
wherein the animals or poultry are fed at the place of confinement and
crop or forage growth or production is not sustained in the area of
confinement.
M. Freeboard
Means the linear distance in feet from the structural top of a berm
(usually defined by a road or access path) to the operational level of
waste water in a retention structure.
N. Ground Water
Means any subsurface waters.
O. Hazardous Substance
Means any substance designated under 40 CFR Part 116 pursuant to
section 311 of the Act. A list of currently designated hazardous
substances is included in 40 CFR 116.4, Table 116.4A. 40 CFR 116.4 may
be obtained at the following web-site: http://www.access.gpo.gov/nara/cfr/cfr-retrieve.html#page1, by entering the following numbers: Title
40, Part 116, and Section 4 for the ``most recent available'' revision
year. Alternatively, a
[[Page 38276]]
paper copy of 40 CFR 116.4, Table 116.4A may be obtained by contacting
U.S. EPA Region 9's CWA Standards and Permits Office at (415) 744-1898
or (415) 744-1922.
P. Hydrologic Connection
Means a discrete connection between groundwater and surface water,
e.g. percolation from a waste impoundment or improper land application
resulting in down-gradient seepage into waters of the United States.
Q. Land Application
Means the application of process waste water or waste onto or
incorporation into the soil.
R. Manure
Means animal waste.
S. New Source
Means the following as defined under 40 CFR 122.29 (b)(1):
``(i) It is constructed at a site at which no other source is
located; or (ii) It totally replaces the process or production
equipment that causes the discharge of pollutants at an existing
source; or (iii) Its processes are substantially independent of an
existing source at the same site. In determining whether these
processes are substantially independent, the Director shall consider
such factors as the extent to which the new facility is integrated with
the existing plant; and the extent to which the new facility is engaged
in the same general type of activity as the existing source.''
T. Nutrient Management Plan (NMP)
Means a plan, approved by Natural Resources Conservation Service
(NRCS) or a Certified Nutrient Management Planning Specialist, which,
among other elements, establishes the rates at which manure or process
waste water can be land applied so as to meet crop nutrient needs while
minimizing the amount of pollutants discharged in agricultural return
flows. The requirements for NMPs have been established by NRCS under
the NRCS Conservation Practice Standard--Arizona Nutrient Management,
Code 590. An NMP must contain the following minimum information: a
Field Map, Soil Test Results, Crop Sequence, Realistic Yield Goals,
Manure and Waste Water Nutrient Values, Recommended Application Rates,
Recommended Application Methods, and Guidance for implementation,
operation, maintenance and record keeping.
U. Pollutant
Means the following as defined under 40 CFR 122.2: ``dredged spoil,
solid waste, incinerator residue, filter back-wash, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials * * *, heat, wrecked or discarded equipment,
rock, sand, cellar dirt and industrial, municipal, and agricultural
waste discharged into water.''
V. Process Waste Water
Means any process generated waste water; and any precipitation
(e.g., rain or snow) which comes into contact with any manure, litter
or bedding, or any other raw material or intermediate or final material
or product used in or resulting from the production of animals or
poultry or direct products (e.g., milk, eggs).
W. Process Generated Waste Water
Means water directly or indirectly used in the operation of a
feedlot for any or all of the following: spillage or overflow from
animal or poultry watering systems; washing, cleaning or flushing pens,
barns, manure pits or other feedlot facilities; direct contact
swimming, washing or spray cooling of animals; and dust control.
X. Spill
Means discharge, usually (but not exclusively) a small, inadvertent
discharge of a toxic pollutant or hazardous substance.
Y. The Act
Means Federal Water Pollution Control Act as amended, also known as
the Clean Water Act, found at 33 U.S.C. 1251 et seq.
Z. Toxic Pollutants
Means any pollutant listed as toxic under Section 307(a)(1) of the
Act. Toxic pollutants are listed in 40 CFR 401.15, which may be
obtained at the following web-site: http://www.access.gpo.gov/nara/cfr/cfr-retrieve.html#page1 by entering the following numbers: Title 40,
Part 401, and Section 15 for the ``most recent available'' revision
year. Alternatively, a paper copy of 40 CFR 401.15 may be obtained by
contacting U.S. EPA Region 9's CWA Standards and Permits Office at
(415) 744-1898 or (415) 744-1922.
AA. Waste
Means manure as well as bedding, feed and other by-products of an
animal feeding operation.
BB. Waste Water Control or Retention Structure
Means any structure such as a pond, impoundment or lagoon used for
the retention of liquid wastes or sludges (including manure, liquid
waste, and runoff from the feedlot area) on the premises until their
ultimate disposal. This includes all collection ditches, conduits and
swales for the collection of runoff and waste water.
CC. Water Quality Limited Segment
Means a water body identified as Water Quality Limited Segment
pursuant to 40 CFR 130.7. At the time of permit issuance the most
recent list of water quality limited waters in Arizona may be found in:
``Arizona's 1998 Water Quality Limited Waters List,'' ADEQ, July 1998,
EQR-98-8.
DD. Water Quality Standard
Is defined at 40 CFR 130.2(d) as: ``Provisions of State or Federal
law which consist of a designated use or uses for the waters of the
United States and water quality criteria for such waters based upon
such uses. Water quality standards are to protect the public health or
welfare, enhance the quality of water and serve the purposes of the
Act.'' The State of Arizona's water quality standards are contained in
Arizona Administrative Code Title 18 (Environmental Quality) Chapter 11
(Department of Environmental Quality Water Quality Standards) Article 1
(Water Quality Standards for Surface Waters). The website where they
may be found is: http://www.sosaz.com/public_services/Title_18/18-11.htm.
EE. Waters of the United States
Is defined at 40 CFR 122.2 as: ``(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
[[Page 38277]]
defined as waters of the United States under this definition; (e)
Tributaries of waters identified in paragraphs (a) through (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) through (f) of this definition. Waste treatment systems,
including treatment ponds or lagoons designed to meet the requirements
of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which
also meet the criteria of this definition) are not waters of the United
States. * * * .''
Part VIII. Availability of Technical and Legal References
Hard copies or electronic versions of all citations and technical
or other documents referenced in this permit may be obtained by
contacting Shirin Tolle at (415) 744-1898 or Jacques Landy at (415)
744-1922.
[FR Doc. 01-18193 Filed 7-20-01; 8:45 am]
BILLING CODE 6560-60-P