U.S. Environmental Protection Agency, Region 8 2015 NPDES Indian Country Lagoon Gener al Permit Page 1 of 17

United States Environmental Protection Agency

FINAL National Pollutant Discharge Elimination Syst em (NPDES) Fact Sheet for the EPA Region 8 General Permit for Wastewater Lagoon Systems in Ind ian Country.

Agency: United States Environmental Protection Agen cy Region 8 Action: Notice of Draft Region 8 NPDES Lagoon Gener al PermitU.S. Environmental Protection Agency, Region 8 2015 NPDES Indian Country Lagoon Gener al Permit Page 2 of 17

Table of Contents

**BACKGROUND ........................................**

**................................................... ...................................................**  **............... 3**

C LEAN W ATER A CT

.................................................. ................................................... ................................................... .............. 3

NPDES P ERMITS

.................................................. ................................................... ................................................... ................. 3

H ISTORY OF T RIBAL L AGOON G ENERAL P ERMIT

.................................................. ................................................... ............................ 3

**PERMIT AREA COVERAGES .............................**

**................................................... ...................................................**  **....... 4**

**LIMITATIONS ON ELIGIBILITY FOR COVERAGE UNDER THE L AGOON GENERAL PERMIT ..............................**  **................ 6**

ESA C ONSULTATION

.................................................. ................................................... ................................................... ............. 6

NHPA C ONSULTATION

.................................................. ................................................... ................................................... ......... 6

**CATEGORIES OF COVERAGE UNDER THE GENERAL PERMIT ...**

**................................................... ................................... 7** 

O BTAINING C OVERAGE

.................................................. ................................................... ................................................... ......... 7

H OW TO S UBMIT AN E NOI ...............................................

................................................... ................................................... ....... 8

**EFFLUENT LIMITATIONS ..............................**

**................................................... ...................................................**  **.......... 8**

DISCHARGE (DIS)

- B ASELINE LIMITATIONS

.................................................. ................................................... ............................... 8

A LTERNATE TSS LIMITATIONS

.................................................. ................................................... ................................................... . 9

A DDITIONAL E FFLUENT L IMITATIONS

................................................... ................................................... ........................................ 10

NO DISCHARGE (NODIS): ..........................................

................................................... ................................................... ....... 11

**MONITORING REQUIREMENTS ...........................**

**................................................... ...................................................**  **11**

DISCHARGE M ONITORING R EQUIREMENTS

.................................................. ................................................... ............................. 11

A

– M ONTHLY M ONITORING

.................................................. ................................................... .................................................. 11

B

– Q UARTERLY M ONITORING

................................................... ................................................... ................................................ 12

NO DISCHARGE (NODIS) M ONITORING R EQUIREMENTS

.................................................. ................................................... .......... 13

**REPORTING OF MONITORING RESULTS AND OTHER INFORMATI ON ................................................**  **......................... 14**

DISCHARGE (DIS) R EPORTING R EQUIREMENTS

.................................................. ................................................... ........................ 14

NO DISCHARGE (NODIS) R EPORTING R EQUIREMENTS

.................................................. ................................................... ............. 14

T RIBAL E NVIRONMENTAL O FFICE N OTIFICATION

.................................................. ................................................... ......................... 15

**INSPECTION REQUIREMENTS ...........................**

**................................................... ...................................................**  **... 15**

E FFECTIVE D ATE AND D URATION OF P ERMIT

.................................................. ................................................... .............................. 15

C ONTINUATION OF THE E XPIRED P ERMIT

.................................................. ................................................... ................................... 16

C ERTIFICATION OF THE P ERMIT

.................................................. ................................................... ................................................ 16

C HANGES FROM P REVIOUS P ERMITS

.................................................. ................................................... ......................................... 16

**CHANGES TO FINAL FACT SHEET FROM THE DRAFT FACT SHE ET ................................................**  **............................... 17**U.S. Environmental Protection Agency, Region 8 2015 NPDES Indian Country Lagoon Gener al Permit Page 3 of 17



### Background

Clean Water Act Section 301(a) of the Clean Water Act (CWA) provide s that “the discharge of any pollutant by any person shall be unlawful” unless the discharge is i n compliance with certain other sections of the Act . 33 U.S.C. § 1311(a). The CWA defines “discharge of a p ollutant” as “any addition of any pollutant to navigable waters from any point source. A “point so urce” is any “discernible, confined and discrete conveyance” but does not include “agricultural stor mwater discharges and return flows from irrigated agriculture.” 33 U.S.C. § 1362(14).

NPDES Permits An NPDES permit authorizes the discharge of a pollu tant or pollutants into a receiving water under certain conditions. The NPDES program relies on two types of permits: individual and general. An individual permit is a permit specifically tailored for an individual discharger or situations that re quire individual consideration. Upon receiving the approp riate permit application(s), the permitting authori ty, develops a draft permit for public comment for that particular discharger based on the information contained in the permit application (e.g., type of activity, nature of discharge, receiving water qual ity). Following consideration of public comments, a final permit is then issued to the discharger for a spec ific time period (not to exceed 5 years) with a provisio n for reapplying for further permit coverage prior to the expiration date.

In contrast, a general permit covers multiple facil ities/sites/activities within a specific category f or a specific period of time (not to exceed 5 years). Fo r general permits, the permitting authority develop s and issues the permit in advance, with dischargers then generally obtaining coverage under the permit through submission of a Notice of Intent (NOI). A g eneral permit is also subject to public comment pri or to issuance.

Under 40 C.F.R § 122.28, general permits may be wri tten to cover categories of point sources having common elements, such as facilities that involve th e same or substantially similar types of operations

, that discharge the same types of wastes, or that ar e more appropriately regulated by a general permit. Given the significant number of tribal lagoons requ iring NPDES permit coverage and the discharges common to these operations, EPA Region 8 believes t hat it makes administrative sense to issue the general permit, rather than issuing individual perm its to each Operator. The general permit approach

allows EPA to allocate resources in a more efficien t manner and to provide more timely coverage and may significantly simplify the permitting process f or the majority of tribal lagoon dischargers. As wi th any permit, the CWA requires the general permit to contain technology-based effluent limitations, as well as any more stringent limits when necessary to meet applicable state or tribal water quality

standards.

History of Tribal Lagoon General Permit This fact sheet is for the general permits that are being reissued in six states in Region 8 for the permitting of lagoon systems that discharge or have the potential to discharge treated sanitary wastewater in Indian country. Although the dischar ges consist primarily of sanitary wastewater that h as been treated, the discharges may also include waste water from other sources, such as industrial

contributions.U.S. Environmental Protection Agency, Region 8 2015 NPDES Indian Country Lagoon Gener al Permit Page 4 of 17

The EPA Region 8’s Lagoon General Permits (LGP) for the six states were initially issued in 1998, and subsequently reissued in 2004 and 2010. This reiss uance is the continuation of these original permits

. With this issuance EPA Region 8 is maintaining the previous general permit grouping, which utilizes reservation boundaries and in general combines Indi an country areas geographically by state.

The permits and this fact sheet are similar to the previous permit and fact sheet. EPA reviewed data on effluent quality and compliance for these systems a nd evaluated the effectiveness of existing permit conditions to determine conditions and requirements for this permit. At the end of this fact sheet is a listing of the main changes that were made in the r enewal permit from the previous permit. Minor editing changes are not listed.

Tribal Lagoon General Permit Formatting The lagoon general permit authorizations and number ing is in the format of SSG589###, where: SS is for the state abbreviation, G indicates general permit, 58 indicates municipal sewerage system, 9 (or 7) indicates that the permit is issued by EPA , and ### is a number assigned to a reservation and spe cific facility/operation covered under the permit.

This standard numbering will remain the same with t his permit issuance. Additionally, facilities with a previous general permit number (except in Montana) will maintain their previous specified NPDES number if they reapply for coverage under the new g eneral permit. With this permit issuance Montana facilities will receive new numbering to assist wit h coverages within specific reservation boundaries.



### Permit Area Coverages

Colorado: COG587###. This permit covers the Southe rn Ute Reservation and the Ute Mountain Reservation, including those portions of the Ute Mo untain Reservation located in New Mexico and Utah; any land within the State of Colorado held in trust by the United States for an Indian tribe; an d any

other areas within the State of Colorado which are Indian country within the meaning of 18 U.S.C. §

1151.

Montana: MTG589###. This permit covers the Blackfe et Indian Reservation of Montana; the Crow Indian Reservation; the Flathead Reservation; the F ort Belknap Reservation of Montana; the Fort Peck Indian Reservation; the Northern Cheyenne Indian Re servation; the Rocky Boy’s Reservation; any land within the State of Montana held in trust by the Un ited States for an Indian tribe; and any other area s within the State of Montana which are Indian countr y within the meaning of 18 U.S.C. § 1151.

North Dakota: NDG589###. This permit covers the Fo rt Berthold Reservation; the Spirit Lake Indian Reservation; the Standing Rock Sioux Reservation; t he Turtle Mountain Reservation; any land within the State of North Dakota held in trust by the Unit ed States for an Indian tribe; and any other areas

within the State of North Dakota which are Indian c ountry within the meaning of 18 U.S.C. § 1151, except as provided in the following paragraph.

This permit includes that portion of the Standing R ock Sioux Reservation and associated Indian country located within the State of South Dakota. It does not include any land held in trust by theU.S. Environmental Protection Agency, Region 8 2015 NPDES Indian Country Lagoon Gener al Permit Page 5 of 17

United States for the Sisseton-Wahpeton Oyate of th e Lake Traverse Reservation or any other Indian country associated with that Tribe, which is covered under general permit SDG589###.

South Dakota: SDG589###. This permit covers the Ch eyenne River Reservation; Crow Creek Reservation; the Flandreau Santee Sioux Indian Rese rvation; the Lower Brule Reservation; the Pine Ridge Reservation (including the entire Reservation , which is located in both South Dakota and Nebraska); the Rosebud Indian Reservation; the Yank ton Sioux Reservation; any land within the State of South Dakota held in trust by the United States for an Indian tribe; and any other areas within the State of South Dakota which are Indian country with in the meaning of 18 U.S.C. § 1151, except as provided in the following paragraph.

This permit includes any land in the State of North Dakota that is held in trust by the United States for the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation or any other Indian country associated with that Tribe. It does not inc lude the Standing Rock Sioux Reservation or any associated Indian country, which is covered und er general permit NDG589###.

Utah: UTG589###. This permit covers the Northweste rn Band of Shoshoni Nation of Utah Reservation (Washakie); the Paiute Indian Tribe of Utah Reserva tion; the Skull Valley Indian Reservation; Indian country lands within the Uintah & Ouray Indian Rese rvation; any land within the State of Utah held in trust by the United States for an Indian tribe; and any other areas within the State of Utah which are Indian country within the meaning of 18 U.S.C. § 11 51, except as provided in the following paragraph.

It does not include any portions of the Navajo Nati on, the Goshute Reservation, the Ute Mountain Reservation in Utah, or any land held in trust by t he United States for an Indian tribe that is associated with those Reservations, or any other ar eas which are Indian country within the meaning of 18 U.S.C. § 1151 that are associated wit h those Reservations.

Wyoming: WYG589###. This permit covers the Wind Ri ver Reservation; any land within the State of Wyoming held in trust by the United States for an I ndian tribe; and any other areas within the State o f Wyoming which are Indian country within the meaning of 18 U.S.C. § 1151.

A list of the mailing addresses and telephone numbe rs of the tribal environment directors for each Ind ian tribe covered by the general permits is included in Attachment A of this Fact Sheet. The names of the environmental directors are not included as they ar e subject to change.U.S. Environmental Protection Agency, Region 8 2015 NPDES Indian Country Lagoon Gener al Permit Page 6 of 17



### Limitations on Eligibility for Coverage Under the L agoon General Permit

Coverage under the lagoon general permit is limited to those wastewater lagoon systems that meet the following criteria:

1. The wastewater lagoon system is located in India n country in EPA Region 8; and

2. The wastewater lagoon system treats primarily d omestic wastewater (~80% or greater).

Applications for permit coverage from wastewater la goon systems that treat wastewater and backwash water from water treatment plants (drinking water), and that otherwise meet the criteria above will be reviewed on a case-by-case basis for coverage under the general permit.

If the EPA determines that a facility receives sign ificant industrial contributions, the operator of t hat facility may be required to submit an application f or an individual permit and will not be covered und er this general permit.

Facilities that have a record of frequent non-compl iance with effluent limitations may also be require d to submit an application for an individual permit.

ESA Consultation The Endangered Species Act (ESA) of 1973 requires a ll Federal Agencies to ensure, in consultation with the U.S. Fish and Wildlife Service (FWS), that any Federal action carried out by the Agency is not lik ely to jeopardize the continued existence of any endang ered species or threatened species (together, “list ed” species), or result in the adverse modification or destruction of habitat of such species that is desi gnated by the FWS as critical (“critical habitat”). See 16 U.S.C. § 1536(a)(2), 50 C.F.R. Part 402. When a Federal agency’s action “may affect” a protected sp ecies, that agency is required to consult with the FWS, depending upon the endangered species, threate ned species, or designated critical habitat that ma y be affected by the action (50 C.F.R. § 402.14(a)).

To evaluate how the LGP may affect Endangered Speci es, the EPA is requiring the use of FWS criteria in Appendix B of this permit to evaluate potential impacts to threatened or endangered species and the designated critical habitat of such species by the discharges from lagoon systems covered under this final general permit. Applicants will provide EPA with information relating to their eligibility unde r one or more of the FWS criteria in Appendix B, and EPA will use this information to ensure that permitted discharges, will either have “no effect” or “may af fect, but . . . [are] not likely to adversely affec t” listed species or designated critical habitat. Where the FWS selection criteria are not supplied by an appli cant seeking coverage under the LGP, EPA will withhold i ts notification of coverage and instead notify the applicant that they must apply for an individual pe rmit.

NHPA Consultation With regard to compliance with the National Histori c Preservation Act (NHPA), based on previous permit information and pending construction activit y, EPA is not aware of any impacts or potential impacts to historic properties by the discharges fr om the lagoon systems currently covered under an existing permit. No new ground disturbance is expe cted to occur because of the issuance of this permi t, however, EPA is requiring applicants to provide cer tification regarding any pending construction and will evaluate NHPA prior to authorization for cover age under this general permit. Additionally, EPAU.S. Environmental Protection Agency, Region 8 2015 NPDES Indian Country Lagoon Gener al Permit Page 7 of 17

has included in the electronic notice of intent, th e requirement for facilities to notify the applicab le Tribal Historic Preservation Officers (THPO), or de signated tribal officials, and State Historic Preservation Officers (SHPO) with information on th e renewal of their coverage under this permit. If

facilities that do not meet the criteria above seek coverage under this general permit, EPA will withh old its notification of coverage under the general perm it and instead notify the facility that it must app ly for an individual permit.



### Categories of Coverage Under the General Permit

The authorization for coverage is limited to one of the following two categories:

DISCHARGE (DIS) – Authorization to Discharge. This category is used for wastewater lagoon systems that either discharge on a continuous basis , discharge most of the time, or discharge seasonally.

NO DISCHARGE (NODIS) – No Authorization to Discharg e. The lagoon system is required to have no discharge, this category is for those facilities that normally do not anticipate discharge to occur

.

Facility operators may request inclusion in a parti cular category when submitting their NOIs, but EPA reserves the right to determine final facility cate gorization after reviewing information submitted in the permittee’s NOIs or historical facility information . The basic requirements for these categories are specified in Parts 3 and 4, of the permit.

Obtaining Coverage Coverage for eligible facilities/operations under t he general permits may be obtained if one of the following occurs:

1. A complete NOI is submitted in accordance with the requirements of Part 2 of the permit and the applicant receives a written notice of coverage fro m the EPA; or,

2. A complete application has been submitted for r enewal of an individual permit issued by EPA under the National Pollutant Discharge Elimination System (NPDES), for wastewater discharges to waters of the U.S., and the applicant receives w ritten notification of coverage from the EPA; or

3. A facility/operation is notified by EPA that it s lagoon facility/operation is covered by this gene ral permit even if the facility/operation has not submi tted a NOI to be covered by the general permit.

A facility/operation that has an EPA-issued individ ual permit, other than an individual permit require d under Part 7.17 of the general permit, may request that the individual permit be revoked and that the coverage be provided under the applicable general p ermit.

Additionally, the Director may require submittal of an application for an individual NPDES permit based on a review of a discharger’s NOI and/or othe r information.

Coverage under this general permit begins upon rece ipt of the written notice of coverage from the EPA.U.S. Environmental Protection Agency, Region 8 2015 NPDES Indian Country Lagoon Gener al Permit Page 8 of 17

How to Submit an eNOI

With this issuance, EPA is implementing the Electro nic Notice of Intent (eNOI) for facilities to apply for coverage under the LGP. The eNOI system has on line instructions and help menus that will guide applicants through the application process, is the fastest way to get your application process started , and contains eNOI tips to help avoid common mistakes th at could cause additional delays. Unless an operator applies for and is granted a waiver to sub mit a paper NOI to EPA, use of the eNOI system is now mandatory with this LGP issuance.

To apply for coverage as a first time user of the e NOI system, applicants must first register to gain access to EPA’s Central Data Exchange or CDX at the following address:

https://cdx.epa.gov/

The CDX site contains FAQs to guide you through the registration process. Additional information on the eNOI system, including contact numbers to acces s telephone assistance can be found here:

http://water.epa.gov/polwaste/npdes/basics/eNOI.cfm

As noted above, EPA general permits now require use of the eNOI system unless you are specifically granted a waiver from using the system. To request a waiver, a letter must be sent to the EPA R8 Wastewater program describing why the eNOI system c annot be utilized for submission of the information required for permit authorization. Req uest must be mailed to the address listed in sectio n 2.3 of the permit.

Upon submission of the eNOI, the operator will also be required to send a copy of the complete NOI to the applicable tribal environmental office



### Effluent Limitations

DISCHARGE (DIS) - Baseline limitations

For those wastewater lagoon systems that discharge and meet the definition of a publicly owned treatment works (POTW), the effluent limitations on 5-day biochemical oxygen demand (BOD 5) , total suspended solids (TSS), and pH are based on the Fed eral Secondary Treatment Regulation (40 C.F.R. Part 133) and the effluent limitations on oil and g rease are based on best professional judgment and protecting water quality. For wastewater lagoon sy stems that discharge and may not meet the definitio n of a POTW because of ownership (i.e., not owned by a State, Tribe or “municipality” as defined in the NPDES regulations.) The Secondary Treatment Regula tions do not apply to those facilities, however, their wastewater is essentially the same as that be ing discharged from the municipal lagoon systems. Therefore, based on best professional judgment, the effluent limitations will be set the same for the nonPOTWs as for the POTWs.

DISCHARGE (DIS) facilities will have numerical effl uent limitations for BOD 5 , TSS, pH, and oil and grease. The baseline numerical effluent limitations are listed in Table 1.U.S. Environmental Protection Agency, Region 8 2015 NPDES Indian Country Lagoon Gener al Permit Page 9 of 17

TABLE 1 Baseline Effluent Limitations for DISCHARGE (DIS) F acilities

Effluent Characteristic 30-Day Average a/ 7-Day

Average a/ Daily

Maximum a/

BOD 5 , mg/L 30 45 N/A Total Suspended Solids, mg/L 30 b/ 45 b/ N/A The pH of the effluent shall not be less than 6.0 n or greater than 9.0 in any single sample or analysis. c/ The concentration of oil and grease in any single s ample shall not exceed 10 mg/L nor shall there be any visible sheen in the receiving water or adjo ining shoreline.

a/ See Definitions, (Part 8. in the permit), for definition of terms.

b/ The Secondary Treatment Regulation (40 C.F.R. § 133.103(c)) provides for higher effluent limitations for TSS for waste stabilization ponds p rovided that: (1) Waste stabilization ponds are the principal process used for secondary treatment; (2) The operation and maintenance data indicate that the above effluent limitations on total suspended s olids cannot be achieved; and, (3) The above

effluent limitations on BOD 5 are being met.

c/ The Secondary Treatment Regulation (40 C.F.R. § 133.102(c)) has provisions for pH limitations outside the range of 6.0 - 9.0 where it can be demo nstrated that: (1) Inorganic chemicals are not adde d to the waste stream as part of the treatment proces s; and (2) contributions from industrial sources do not cause the pH of the effluent to be less than 6. 0 or greater than 9.0. The EPA may change the effluent limitations on pH to outside the range of 6.0 - 9.0 without going to public notice upon

demonstration of the above criteria.

Alternate TSS limitations

The EPA’s secondary treatment regulations at 40 C.F .R. § 133.105(b) establish both 30-day average effluent limitation for TSS (30 mg/L) and a 7-day average effluent limitation for TSS (45 mg/L). However, as noted in footnote b/ in the prev ious table, the EPA’s secondary treatment regulations at 40 C.F.R. 133.103(c) also provide EP A with the discretion to adjust these minimum levels of effluent quality for waste stabilization ponds or lagoons that meet the three regulatory criteria described in the footnote. The EPA has pre viously employed this authority for certain lagoons in Region 8, and will continue to do so, as necessary in this final general permit. Thus, if a facility seeking coverage under this final general permit had higher effluent limitations on TSS in the previous permit pursuant to § 133.103(c), the E PA may again assign those effluent limitations to that facility upon authorization of coverage und er this permit subject to the limitation at 40 C.F.R. § 133.105(f) and based upon the allowable hi gher effluent limitations for TSS provided in

the next section.

The allowable higher effluent limitations for TSS a re listed below by state boundary. The effluent

limitations for facilities located within the bound ary of the state of Utah are based on best professional judgment. The 30-day average limitati ons for the other states and associated geographical areas are based on 40 C.F.R. § 133.105 (d) and as published in the Federal Register on November 15, 1978 (43 FR 53161). The 7-day average limitations are based on best professional judgment. The EPA will determine if a facility qu alifies for the higher limitations on total suspended solids.U.S. Environmental Protection Agency, Region 8 2015 NPDES Indian Country Lagoon Gener al Permit Page 10 of 17

TABLE 2. Alternate Effluent Limitations on TSS for DISCHARGE (DIS) Facilities

State 30-Day Average, mg/L 7-Day

Average, mg/L

Colorado 105 160

Montana 100 135

North Dakota

North & East of Missouri River

South & West of Missouri River -- 60

100 --

90

150

South Dakota 110 165

Utah 45 65 Wyoming 100 150

The EPA may change the effluent limitations on tot al suspended solids to the higher limitations without going to public notice upon demonstration o f the above criteria listed in paragraph above and as specified in Table 2.

Additional Effluent Limitations

EPA expects that compliance with the effluent limit ations in the permit will result in compliance with applicable water quality standards for most dischar gers covered under this permit. However, there may be situations where additional and/or more stringen t water quality-based effluent limitations are necessary to protect applicable water quality stand ards.

For applicants with unique lagoon characteristics, additional water quality-based effluent limitations will be applied on a site-specific basis and will be spe cified in the written authorization of coverage und er the general permit. For example, chlorine limitatio ns may be specified for facilities that receive dri nking water backwash from connected drinking water facili ties or Escherichia coli limitations may be specified where facilities discharge to receiving s treams with recreational use or direct contact use.

If the EPA determines that additional water quality -based effluent limitations are necessary to comply with applicable water quality requirements or stand ards, etc., those limitations will be set utilizing the

Table 3 below.

If additional water quality-based effluent limitati ons, not specified in this fact sheet and permit, a re necessary for a wastewater lagoon systems being con sidered for coverage under the general permit, the discharger will be directed to obtain coverage unde r an individual permit so limitations may be includ ed.

TABLE 3. Additional Effluent Limitations and for DI SCHARGE (DIS) Facilities

Effluent Characteristic 30-Day Average a/ 7-Day

Average a/ Daily

Maximum a/

Total Residual Chlorine a/ 0.011 a/ N/A 0.019 a/ Total Ammonia Nitrogen (TAN) c/ 1.9* N/A 17

Escherichia coli , colonies/100 mL a grab sample shall not exceed 23 5 colonies/100 mL. The 5-day geometric mean shall not exceed 126

colonies/100 mL. b/U.S. Environmental Protection Agency, Region 8 2015 NPDES Indian Country Lagoon Gener al Permit Page 11 of 17

a/ For the purposes of the permit, the minimum limi t of analytical reliability in the analysis for tot al residual chlorine is considered to be 0.10 mg/L. F or purposes of this permit and calculating averages and reporting in the Discharge Monitoring Report fo rm, analytical values less than 0.10 mg/L shall be considered to be in compliance with this permit.

b/ The limits for Escherichia coli of 126 colonies/100mL based on the geometric mean, require a minimum of 5 samples be obtained during separate 24 -hour periods for any 30-day period. In addition, any single sample result may not exceed 235 colonie s/100 mL, nor shall more than 20 percent of the samples examined in this same 30-day period exceed 126 colonies/100 mL. The limits for Escherichia

coli apply between May 1 and September 30 only. c/ EPA recommends an acute criterion magnitude of 17 mg Total Ammonia Nitrogen (TAN) per liter at pH 7 and 20°C for a one-hour average duration, not to be exceeded more than once every three years on average. EPA recommends a chronic criterion magnitu de of 1.9 mg TAN/L at pH 7 and 20°C for a 30-day average duration, not to be exceeded more than once every three years on average. In addition, the hig hest four-day average within a 30-day period should not exceed 2.5 times the chronic criterion magnitude (e .g. 1.9 mg TAN/L x 2.5 = 4.8 mg TAN/L at pH 7 and 20°C) more than once in three years on average. Receiving water temperature and pH must be taken co ncurrently with discharge.

*Not to exceed 2.5 times the criterion continuous c oncentration as a 4-day average within a 30-day period.

The Colorado River Basin Salinity Control Forum pol icy for the control of salinity includes discharges from municipalities. That includes facilities loca ted in the Southern Ute Indian Reservation, Ute Mountain Ute Indian Reservation, and Indian country lands within the Uintah and Ouray Indian

Reservation. Because there are insufficient data o n the salinity contribution from municipal discharg es in these areas to determine if effluent limitations on salinity (total dissolved solids (TDS)) are appropriate, there will not be any effluent limitat ions on TDS at this time. The permit will require monitoring of TDS in the water supply and the disch arges from the lagoons to gather the necessary data

. Where TDS data is available effluent limitations wi ll be put in place to meet water quality standards, where applicable.

NO DISCHARGE (NODIS): NODIS facilities require that there be no discharg e except in accordance with the bypass provisions of the permit. The no-di scharge requirement is based on best professional judgment for the specific facility. In the case of an unauthorized discharge, the permittee must foll ow the requirement of the LGP section 5.8.



### Monitoring Requirements

DISCHARGE Monitoring Requirements Self-monitoring frequency for DISCHARGE facilities will be based upon their discharge regimen and will be specified in the facility authorization let ter. Monitoring schedules will be based upon freque ncy of discharges, and dischargers will be assigned one of three reporting sub-categories; A – Monthly, B

– Quarterly, C – Semi-annual.

A – Monthly Monitoring For facilities with continuous discharges, flow, pH , and oil and grease are to be monitored weekly

and BOD 5 and TSS, Total Ammonia as N, Total Nitrogen, Total Phosphorus, and additionally applied parameters are to be monitored monthly.U.S. Environmental Protection Agency, Region 8 2015 NPDES Indian Country Lagoon Gener al Permit Page 12 of 17

During monitoring periods, at least a weekly instan taneous reading is to be taken of the discharge flow rate, but the permittee has the option of taki ng more frequent flow measurements or even monitoring flow continuously. The normal monitorin g for oil and grease is to be a weekly visual observation for an oil sheen or floating oil during the monitoring period. In the event that an oil sheen or floating oil is observed, then a grab samp le shall be immediately taken, analyzed, and the results reported along with the other monitoring re sults for that reporting period.

B – Quarterly Monitoring For facilities with quarterly discharges, BOD 5 , TSS, flow, pH, and oil and grease, Total Ammonia as N, Total Nitrogen, Total Phosphorus, and additional ly applied parameters are to be monitored quarterly during any discharge activity.

During discharge periods, at least a weekly instant aneous reading is to be taken of the discharge flow rate, but the permittee has the option of taking mo re frequent flow measurements or even monitoring flow continuously. The normal monitoring for oil a nd grease is to be a weekly visual observation for an oil sheen or floating oil during the monitoring period. In the event that an oil sheen or floating oil is observed, then a grab sample shall be immediatel y taken, analyzed, and the results reported along with the other monitoring results for that reportin g period.

C – Semi-Annual or Periodic Monitoring For facilities with semi-annual or periodic dischar ges, BOD 5 , TSS, flow, pH, and oil and grease, Total Ammonia as N, Total Nitrogen, Total Phosphoru s, and additionally applied parameters are to be monitored during any discharge activity.

During discharge periods, at least a weekly instant aneous reading is to be taken of the discharge flow rate, but the permittee has the option of taking mo re frequent flow measurements or even monitoring flow continuously. The normal monitoring for oil a nd grease is to be a weekly visual observation for an oil sheen or floating oil during the monitoring period. In the event that an oil sheen or floating oil is observed, then a grab sample shall be immediatel y taken, analyzed, and the results reported along with the other monitoring results for that reportin g period.

Sample Types For all sub-categories of facilities, the following monitoring sample types are required where specifi ed in the final permit authorization:

Effluent Characteristic Sample Type a/

Flow, MGD b/ Instantaneous

BOD 5 , mg/L Grab

pH, standard units Instantaneous

Total Suspended Solids, mg/L Grab

Total Dissolved Solids, mg/L c/ Grab

Total Residual Chlorine Grab

Total Ammonia Nitrogen (TAN) d/ Grab

Escherichia coli , colonies/100 mL GrabU.S. Environmental Protection Agency, Region 8 2015 NPDES Indian Country Lagoon Gener al Permit Page 13 of 17

Total Nitrogen, mg/L Grab

Total Phosphorus, mg/L Grab

Oil and Grease, Visual Observation Observation

Oil and Grease, mg/L e/ Grab

a/ See permit Definitions, Part 8, for definition o f terms in the permit.

b/ Flow measurements of effluent volume shall be ma de in such a manner that the permittee can affirmatively demonstrate that representative value s are being obtained. The average flow rate (in gallons per day) during the reporting period and th e daily maximum flow (maximum volume discharged during a 24-hour period) shall be report ed. Alternately, for facilities that do not have fixed flow measurement devices in place, flow may b e estimated by performing calculations based on; the dimensions of the lagoon, discharge rate, l ength of discharge and depth markers.

c/ For those facilities associated with the Souther n Ute Reservation, Ute Mountain Reservation, and Indian country lands within the Uintah & Ouray Rese rvation the permit will require monitoring of TDS of the water supply and the discharges from the lagoons. This is to determine if effluent limitations on TDS are necessary in accordance with the Colorado River Basin Salinity Control Forum’s policy for regulating the discharge of sali nity from municipalities.

d/ Ammonia monitoring is required for all dischar ges under the lagoon general permit. Ammonia monitoring data will be utilized to assess if water quality effects on streams require future limitati ons on ammonia to protect aquatic life. Receiving water t emperature and pH must be taken concurrently with discharge.

e/ In the event that an oil sheen or floating oil i s observed in the discharge, a grab sample shall be taken immediately and analyzed in accordance with the req uirements of 40 C.F.R. Part 136. If no grab sample was taken during the reporting period because no vi sible sheen was observed, enter “No grab sample required this reporting period.” or similar verbiag e on the appropriate line of the discharge monitori ng report form.

NO DISCHARGE (NODIS) Monitoring Requirements Facilities covered under the NODIS category are not expected to discharge, and this permit does not authorize discharges from these facilities. However , if an unauthorized release is discovered or is expected to occur, the discharge is to be monitored . The discharge shall be monitored (sample taken a nd flow rate measured) three times per week during the first week of discharge, including as soon as is practical after the unauthorized release is discove red or when an expected unauthorized release begins

, and at weekly intervals thereafter until the unauth orized release stops. If the discharge is less tha n one week in duration, monitoring shall be performed at the beginning, middle and end of the discharge.

The monitoring shall be performed for flow, BOD 5, TSS, pH, oil and grease, Total Ammonia as N, Total Nitrogen, and Total Phosphorus. If it is not possi ble to measure the rate of discharge, the rate of discharge shall be estimated. In addition, the perm ittee shall monitor the duration and approximate volume of each discharge.

Sample Types The following monitoring sample types are required during an unauthorized release:U.S. Environmental Protection Agency, Region 8 2015 NPDES Indian Country Lagoon Gener al Permit Page 14 of 17

Flow, MGD b/ Instantaneous

BOD 5 , mg/L Grab

Total Suspended Solids, mg/L Grab

pH, standard units Instantaneous

Oil and Grease, Visual Observation Observation

Oil and Grease, mg/L e/ Grab

Total Ammonia Nitrogen (TAN) d/ Grab

Total Nitrogen, mg/L Grab

Total Phosphorus, mg/L Grab



### Reporting of Monitoring Results and Other Informati on

The reporting of monitoring results requirements ar e given in Part 5.4 of the permit. They are

summarized as follows:

DISCHARGE (DIS) Reporting Requirements For discharge facilities, the effluent monitoring r esults obtained during the previous month, calendar
quarter, or semi-annual period ), shall be summarized and reported via the NetDMR reporting system or on a Discharge Monitoring Report (DMR) Form (EPA No. 3320-1), postmarked no later than the 28th day of the month following the completed reporting period. If no discharge occurs during the reportin g period, "no discharge" shall be reported, see examp le below.

NPDES permittees required to submit DMRs may use Ne tDMR after requesting and receiving permission from the EPA. After the region has appro ved the facility’s request, the NetDMR tool enables permittees to complete their DMRs via a secure Inte rnet connection. The NetDMR Login page has links to additional resources that will give you more inf ormation on NetDMR. NetDMR can be found by searching the internet using the keywords “EPA, Net DMR, reporting”. If no discharge occurs during the reporting period, “no discharge” shall be reported on the Net DMR reporting site.

The reports are to be signed in accordance with the Signatory Requirements given in Part 7.7 of the permit and submitted to the Region and to the appli cable tribe.

NO DISCHARGE (NODIS) Reporting Requirements The use of DMR Forms for reporting monitoring resul ts from unauthorized discharges is not appropriate. Instead, the permittee shall report t he monitoring results using the format given in Par t 9 of the permit in accordance with the instructions in P art 5.4.2 of the permit. A photocopy of the format provided in Part 9 may be used. The monitoring res ults obtained during the duration of each discharge Reporting Period DMR Due Date Monthly (e.g. January) 28 th day of the following month (February 28 th ) Quarterly (e.g. April – June) 28 th day following the end of the quarter (July 28 th ) Semi-annually (e.g. July – December) 28 th day following the end of the 6 th month (January 28 th )U.S. Environmental Protection Agency, Region 8 2015 NPDES Indian Country Lagoon Gener al Permit Page 15 of 17

are to be reported by the 28th day of the month fol lowing the beginning of the unauthorized release. If the discharge continues into the next month, monito ring results are to be reported for each month unti l the discharge is terminated.

The reports are to be signed in accordance with the Signatory Requirements given in Part 7.7 of the permit and submitted to the Region and to the appli cable tribe.

Tribal Environmental Office Notification (Applicable to both DISCHARGE and NO DISCHARGE faci lities) Operators are required to send copies of all DMRs, as well as written notifications of non-compliance and anticipated bypass, to the applicable Tribal en vironmental office.

When notification is required by telephone, EPA rec ommends that facility operators record the date and time of calls and the recipient of the call in thei r inspection record notebooks or similar record. C ontact phone numbers for Tribal Environmental Offices are provided in Appendix A.



### Inspection Requirements

Inspection requirements apply to all facilities cov ered under the general permit. The records of inspections are to be retained on-site at the facil ity or at a nearby office for the facility.

Parts 3.3, and 4.3, of the permit include routine i nspection requirements. These are included as a preventative measure and require that the wastewate r treatment facility be inspected on at least a wee kly basis unless otherwise approved by the EPA. Permis sion for the less frequent inspections may be granted on a case-by-case basis where appropriate ( e.g. a lagoon located in a remote area where access is a problem during the winter and compliance issues a re not present).

The objectives of the inspections include checking on the discharge status of the lagoon system; checking for specified items that will require corr ective maintenance (e.g., leakage through the dikes

, animal burrows in the dike, excessive erosion of th e dikes, rooted plants growing in the water, and th e vegetation growth on the dikes need mowing); and de termining if proper operation and maintenance procedures are being undertaken. If an inspection shows that a discharge has occurred or is likely to occur before the next inspection, the appropriate m onitoring and reporting requirements are to be performed if not already done.

With this permit issuance, the specification on the “bound” notebook requirement has been replaced with the requirement to maintain a notebook. Noteb ooks should be used for the maintenance of field/facility records. All entries should record t he date and time of inspection or maintenance. The record must also include; the name(s) of the person (s) making the inspection; any problems identified; recommendations, as appropriate, to remedy identifi ed problems; and a brief description of any actions taken with regards to identified problems. Documen tation should be recorded in notebooks using indelible ink pens in sufficient detail so that dec ision logic may be traced back, once reviewed. Additionally, with this issuance, in Appendix D an example form for Lagoon Inspections is provided to support facility operators with inspection requirem ents. These forms may be printed out, completed an d maintained in the inspection notebook.

Effective Date and Duration of PermitU.S. Environmental Protection Agency, Region 8 2015 NPDES Indian Country Lagoon Gener al Permit Page 16 of 17

The permit will be issued for a period of five year s, with the effective date and expiration date determined at the time of permit issuance.

Continuation of the Expired Permit The permit will expire within five years after the effective date. If the permit has not been renewed or terminated, the expired permit may continue in forc e and effect until a new permit is issued. In order to obtain coverage under the continued permit until a new general permit is issued, the permittee must submit a letter to EPA containing the following:

1. Name, address, and telephone number of the opera tor of the facility;

2. The existing permit number for the facility; and

,

3. A request that the facility be approved coverage under the continued permit until a new general per mit

is issued.

The letter must be signed in accordance with Part 7 .7, Signatory Requirements, and mailed no later tha n thirty (30) days before the expiration date of the permit.

Certification of the Permit With the exception of those Reservations where the Tribe(s) has Clean Water Act § 401(a)(1) certification authority, EPA intends to certify tha t the permit complies with the applicable provision s of the Clean Water Act so long as the permittees compl y with all permit conditions.

Changes from Previous Permits

Although the new general permit is similar to the p ermit issued in 2010, some changes have been made, with the following being the most significant:

1. Modification of categories. The previous LGP contai ned three categories of coverage. With this issuance, the LGP will have two categories; a discharging (DIS) and non-discharging (NODIS) category. Within the discharging category t hree monitoring frequency subcategories are provided to streamline sampling and reporting requirements.

2. The use of an electronic Notice of Intent (e-NOI) h as been established with this permit issuance to enhance the application process and red uce the application and processing

burden. E lectronic submission of NOIs through the e-NOI syst em is operated by EPA Headquarters, with automated email explanations and reminders of monitoring requirements.

3. As a supplementary requirement of the eNOI system, electronic submission of monitoring results via the NetDMR reporting system is being required w ith this permit issuance.

4. In order to meet U.S. FWS Endangered Species Act re quirements, the previous permit provided a

list of facilities able to be covered under the 201 0 LGP. With the 2015 LGP issuance this requirement has been replaced with self-certificati on and ESA selection requirements listed in Appendix B. This modification will enable new faci lities that meet the 2015 LGP criteria to apply for coverage under the permit.U.S. Environmental Protection Agency, Region 8 2015 NPDES Indian Country Lagoon Gener al Permit Page 17 of 17

5. Endangered Species Act (ESA) and National Historic Preservation Act (NHPA) requirements are being incorporated into the 2015 LGP permit and eNO I system to ensure proper certification of actions that may affect ESA or NHPA sites. The use of selection criteria for both ESA and NHPA actions is being utilized to ensure continuity with EPA national general permit practices.

6. With the 2015 general permit issuance, Total Ammonia as N, Total Nitrogen, and Total Phosphorus, monitoring were added to the monitoring requiremen ts to establish a data baseline for future permitting decisions and protection of w ater quality.

7. Land application of wastewater language was removed due to lack of application and threshold limitations. Any permittees wishing to l and apply wastewater for irrigation purposes may be required to apply for an individual permit.

8. At the request of the Tribal Environmental Director s, with this issuance, the requirement for facilities to notify their applicable Tribal Enviro nmental Office prior to discharge, in addition to the requirement to provide monitoring data from discharges is being established. This requirement is listed in section VII. Reporting of Monitoring Results and Other Information.



### Changes to Final Fact Sheet from the Draft Fact She et

Permit and Fact Sheet by:

VelRey A. Lozano, Environmental Scientist, EPA Reg ion 8 (8P-W-WW), March 17, 2015

Reviewed by Lisa Kuznierz (8P-MOO), Everett Volk ( 8-ORC), April 10, 2015