40650 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Notices

approach will permit a better focus on

the more important sources of risk. It

will also assist the risk manager in

understanding and evaluating sources of

risk that may provide the greatest

benefit with risk mitigation activities.

Question 7.1: Please comment on

whether the deferral criteria discussed

in chapters 4 and 6 appear to be

reasonable. Are there other exclusionary

criteria that should be considered?

Question 7.2: Should OPP establish

more specific criteria, for example, not

only the magnitude of the exposure

resulting from a particular chemical, use

pattern or pathway, but also the size of

the exposed population group?

H. Issue 8: National and Regional

Exposures

The potential for people to encounter

overlapping exposures to different

pesticides will be influenced by many

factors. One important consideration is

the geographic effects and seasonal uses

of pesticides. Thus, a framework is

proposed for assessing different

pathways of exposure that are

essentially driven by these

considerations. OPP believes that the

food pathway should be approached on

both a national and regional scale to

account for both national and regional

distribution of treated commodities.

However, the OPP believes that

residential and drinking water pathways

are more appropriately dealt with on a

regional or multi-state basis, since there

is no single, national source of drinking

water; and residential exposures may be

driven by regional use patterns.

Question 8.1: Please comment on

whether the concept of developing a

series of cumulative assessments on a

geographic scale for different pathways

is reasonable.

I. Issue 9: Case Study

Cumulative risk assessment is at an

early stage of development.

Furthermore, there is very limited

experience in conducting such

assessments. Thus, the development of

case studies using actual data are

critical to refining useful and practical

guidance, and to identifying future

research and testing needs. OPP is

taking a step wise approach to the

development of such case studies by

starting with simple examples and

moving toward more complex

situations.

Attached is a case study that uses

actual food residue data on three

pesticides and evaluates only a single

pathway/route/duration of exposure.

Certain assumptions were made in the

case study. In single chemical exposure

assessment, for example, nondetects are

assumed to be one half the level of

detection and composite samples are

decomposited. In this case study, for

illustrative purposes, nondetects were

assumed to be zero, the samples were

not decomposited, and surrogate data

were not used.

Question 9.1: Given that an important

goal of the cumulative assessment is to

reliably determine sources of concern

from a multi-chemical exposure, please

comment on to what extent is it

appropriate to apply standard practices

and assumptions used in single

chemical assessments.

V. Policies Not Rules

The draft science policy paper

discussed in this document is intended

to provide guidance to EPA personnel

and decision-makers, and to the public.

As a guidance document and not a rule,

the policy in this guidance is not

binding on either EPA or any outside

parties. Although this guidance

provides a starting point for EPA risk

assessments, EPA will depart from its

policy where the facts or circumstances

warrant. In such cases, EPA will explain

why a different course was taken.

Similarly, outside parties remain free to

assert that a policy is not appropriate for

a specific pesticide or that the

circumstances surrounding a specific

risk assessment demonstrate that a

policy should be abandoned.

EPA has stated in this document that

it will make available revised guidance

after consideration of public comment.

Public comment is not being solicited

for the purpose of converting any policy

document into a binding rule. EPA will

not be codifying this policy in the Code

of Federal Regulations. EPA is soliciting

public comment so that it can make

fully informed decisions regarding the

content of each guidance document.

The ‘‘revised’’ guidance will not be

unalterable. Once a ‘‘revised’’ guidance

document is issued, EPA will continue

to treat it as guidance, not a rule.

Accordingly, on a case-by-case basis

EPA will decide whether it is

appropriate to depart from the guidance

or to modify the overall approach in the

guidance. In the course of inviting

comment on each guidance document,

EPA would welcome comments that

specifically address how a guidance

document can be structured so that it

provides meaningful guidance without

imposing binding requirements.

List of Subjects

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests.

Dated: June 22, 2000.

Susan H. Wayland,

Acting Assistant Administrator for

Prevention, Pesticides and Toxic Substances.

[FR Doc. 00–16634 Filed 6–29–00; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6727–5]

Draft NPDES General Permits for Water

Treatment Facility Discharges in the

States of Maine, Massachusetts, and

New Hampshire

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notices of Draft NPDES General

Permits—MEG640000, MAG640000,

and NHG640000.

SUMMARY: The Director of the Office of

Ecosystem Protection, EPA—New

England, is issuing Notice of Draft

National Pollutant Discharge

Elimination System (NPDES) general

permits for water treatment facility

discharges to certain waters of the States

of Maine, Massachusetts, and New

Hampshire for the purpose of reissuing

the current permit which expired on

January 9, 2000. These general NPDES

permits establish notice of intent (NOI)

requirements, effluent limitations,

standards, prohibitions and

management practices for the water

treatment facility discharges. Owners

and/or operators of facilities discharging

effluent from water treatment facilities

including those currently authorized to

discharge under the expired general

permit will be required to submit to

EPA—New England, a notice of intent to

be covered by the appropriate general

permit and will receive a written

notification from EPA of permit

coverage and authorization to discharge

under one of the general permits. The

eligibility requirements are discussed in

detail under section D.2.b and the

reader is strongly urged to go to that

section before reading further. This

general permit does not cover new

sources as defined under 40 CFR 122.2.

DATES: For comment period: interested

persons may submit comments on the

draft general permits as part of the

administrative record to the

Environmental Protection Agency, New

England Region, at the address given

below no later than July 31, 2000. The

general permit shall be effective on the

date specified in the final general permit

published in the Federal Register and

will expire five years from the final

publication date of the Federal Register.

Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Notices 40651

ADDRESSES: The draft permit is based on

an administrative record available for

public review at the Environmental

Protection Agency, Office of Ecosystem

Protection (CPE), 1 Congress Street,

Suite 1100, Boston, Massachusetts

02114–2023. The following FACT SHEET

AND SUPPLEMENTARY INFORMATION section

sets forth principal facts and the

significant factual, legal, and policy

questions considered in the

development of the draft permits. A

reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT:

Additional information concerning the

draft permit may be obtained between

the hours of 9:00 a.m. and 5:00 p.m.

Monday through Friday excluding

holidays from: Suprokash Sarker, Office

of Ecosystem Protection, Environmental

Protection Agency, 1 Congress Street,

Suite 1100, Boston, MA 02114–2023,

telephone: 617–918–1693.

Table of Contents

Changes From Previous Permit

Fact Sheet and Supplementary Information

I. Introduction

II. Coverage of General Permits

III. Exclusions

IV. Permit Basis and Other Conditions of the

General NPDES Permit

A. Types of Discharge

B. Effluent Limitations

C. Antidegradation Provisions

D. Monitoring and Reporting Requirements

E. Endangered Species

F. Standard Permit Condition

G. State (401) Certification

H. The Coastal Zone Management Act

I. Environmental Impact Statement

Requirements

J. National Historic Preservation Act of

1996, 16 U.S.C. 55470 et seq.

K. Essential Fish Habitat

V. Other Legal Requirements

A. Executive Order 12866

B. Paperwork Reduction Act

C. Regulatory Flexibility Act

D. Unfunded Mandates Reform Act

Part I—Draft Permits

A. Maine General Permit, Permit No. MEG

640000

B. Massachusetts General Permit, Permit

No. MAG640000

C. New Hampshire General Permit, Permit

No. NHG640000

D. Common Elements For All Permits

1. Conditions of the General Permits

a. Geographic Areas

b. Notification by Permittees

2. Administrative Aspects

a. Request to be Covered

b. Eligibility to Apply

c. Continuation of General Permit After

Expiration

E. Monitoring and Reporting

F. Additional General Permit Conditions

Part II—Standard Conditions

Changes From the Previous Permit

• General Permits for each of the

states of ME, MA and NH are presented

separately.

• State of NH—limits of pH flexibility

is added.

• All States—commingling of effluent

from water treatment facility is allowed

so long as the effluent can be monitored

before it mixes with other streams of

wastewater.

• Notification by Permittees,

Geographic Area and Administrative

Aspects ( request to be covered and

eligibility to apply ) are transferred from

Fact Sheet and Supplemental

Information to Part I, Permit Section I.D.

Fact Sheet and Supplementary

Information

I. Introduction

The Director of the Office of

Ecosystem Protection, EPA-New

England, is issuing draft general permits

for water treatment facility discharges to

certain waters of the States of Maine,

Massachusetts, and New Hampshire.

This notice contains part I of the draft

general NPDES permits and part II,

Standard Conditions.

II. Coverage of General Permits

Section 301(a) of the Clean Water Act

(the Act) provides that the discharge of

pollutants is unlawful except in

accordance with a National Pollutant

Discharge Elimination System (NPDES)

permit unless such a discharge is

otherwise authorized by the Act.

Although such permits are generally

issued to individual discharges, EPA’s

regulations authorize the issuance of

‘‘general permits’’ to categories of

discharges (see 40 CFR 122.28). EPA

may issue a single, general permit to a

category of point sources located within

the same geographic area whose

discharges warrant similar pollution

control measures.

A. The Director of an NPDES permit

program is authorized to issue a general

permit if there are a number of point

sources operating in a geographic area

that:

1. Involve the same or substantially

similar types of operations;

2. Discharge the same types of wastes;

3. Require the same effluent

limitations or operating conditions;

4. Require the same or similar

monitoring requirements; and

5. In the opinion of the Director, are

more appropriately controlled under a

general permit than under individual

permits.

B. The similarity of the discharges

prompted EPA to issue the December 9,

1994 general permit. When reissued,

this permit will enable facilities

currently covered under the expired

general permit to maintain compliance

with the Act and will extend

environmental and regulatory controls

to new dischargers and avoid a backlog

of individual permit applications.

Violations of a condition of a general

permit constitute a violation of the

Clean Water Act and subjects the

discharger to the penalties in section

309 of the Act.

III. Exclusions

EPA has determined that this general

permit will not be available to ‘‘New

Source’’ dischargers as defined in 40

CFR 122.2 due to the site specific nature

of the environmental review required by

the National Environmental Policy Act

of 1969 (NEPA), 33 U.S.C. 4321 et seq.

for those facilities. ‘‘New Sources’’ must

comply with New Source Performance

Standards (NSPS) and are subject to the

NEPA process in 40 CFR 6.600.

Consequently EPA has determined that

it would be more appropriate to address

‘‘New Sources’’ through the individual

permit process.

Any owner or operator authorized by

a general permit may request to be

excluded from coverage of a general

permit by applying for an individual

permit. This request may be made by

submitting a NPDES permit application

together with reasons supporting the

request. The Director may also require

any person authorized by a general

permit to apply for and obtain an

individual permit. Any interested

person may petition the Director to take

this action. However, individual permits

will not be issued for sources covered

by these general permits unless it can be

clearly demonstrated that inclusion

under the general permit is

inappropriate. The Director may

consider the issuance of individual

permits when:

A. The discharger is not in

compliance with the terms and

conditions of the general permit;

B. A change has occurred in the

availability of demonstrated technology

or practices for the control or abatement

of pollutants applicable to the point

source;

C. Effluent limitations guidelines are

subsequently promulgated for the point

sources covered by the general NPDES

permit;

D. A Water Quality Management plan

or Total Maximum Daily Load (TMDL)

containing requirements applicable to

such point sources is approved;

E. Circumstances have changed since

the time of the request to be covered so

that the discharger is no longer

appropriately controlled under the

40652 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Notices

general permit, or either a temporary or

permanent reduction or elimination of

the authorized discharge is necessary;

F. The discharge(s) is a significant

contributor of pollution or in violation

of State Water Quality Standards for the

receiving water;

Or

G. The discharge(s) is into impaired

water on the Federal Clean Water Act

303(d) list for the State in question.

In accordance with 40 CFR

122.28(b)(3)(iv), the applicability of the

general permit is automatically

terminated on the effective date of the

individual permit.

IV. Permit Basis and Other Conditions

of the General NPDES Permit

A. Types of Discharge

Under this general permit, owners

and operators of potable water treatment

plants in Maine, Massachusetts and

New Hampshire may be granted

authorization to discharge process

generated wastewaters into waters of the

respective states as follows:

a. treated presedimentation

underflow;

b. treated underflow from the

coagulation/settling processes using

aluminium compounds or polymers as

coagulants; and

c. treated filter backwash water from

filters.

This general permit shall apply

specifically to operators that have a

discharge from a point source such as a

sludge settling lagoon or other device

whereby comparable control of

suspended solids is possible.

B. Effluent Limitations

1. Statutory Requirements

Section 301(a) of the Clean Water Act

(CWA or the Act), 33 U.S.C. 1311(a),

makes it unlawful to discharge

pollutants to waters of the United States

without a permit. Section 402 of the

Act, 33 U.S.C. 1342, authorizes EPA to

issue NPDES permits allowing

discharges that will meet certain

requirements, including CWA sections

301, 304, and 401 (33 U.S.C. 1331, 1314,

and 1341). Those statutory provisions

state that NPDES permits must include

effluent limitations requiring authorized

discharges to: (1) meet standards

reflecting specified levels of technologybased treatment requirements; (2)

comply with State Water Quality

Standards; and (3) comply with other

state requirements adopted under

authority retained by states under CWA

section 510, 33 U.S.C. 1370.

EPA is required to consider

technology and water quality

requirements when developing permit

limits. 40 CFR part 125, subpart A sets

the criteria and standards that EPA must

use to determine which technologybased requirements, requirements under

section 301(b) of the Act and/or

requirements established on a case-bycase basis under section 402(a)(1) of the

Act, should be included in the permit.

The Clean Water Act requires that all

discharges, at a minimum, must meet

effluent limitations based on the

technology-based treatment

requirements for dischargers to control

pollutants in their discharge. Section

301(b)(1)(A) of the Act requires the

application of Best Practicable Control

Technology Currently Available (BPT)

with the statutory deadline for

compliance being July 1, 1977, unless

otherwise authorized by the Act.

Section 301(b)(2) of the Act requires the

application of Best Conventional

Control Technology (BCT) for

conventional pollutants, and Best

Available Technology Economically

Achievable (BAT) for non-conventional

and toxic pollutants. The compliance

deadline for BCT and BAT is as

expeditiously as practicable but in no

case later than three years after the date

such limitations are promulgated and in

no case later than March 31, 1989.

2. Technology-Based Effluent

Limitations

EPA has not promulgated National

Effluent Guidelines for water treatment

facility discharges. EPA also believes

that the limits established to meet the

Water Quality Standards discussed

below are sufficient to satisfy BAT/BCT

described in section 304(b) of the Act.

3. Water Quality Based Effluent

Limitations

Under Section 301(b)(1)(C) of the Act,

discharges are subject to effluent

limitations based on water quality

standards. Receiving stream

requirements are established according

to numerical and narrative standards

adopted under state and/or federal law

for each stream use classification.

Section 401 of the CWA requires that

EPA obtain State certification which

ensures that all water quality standards

and other appropriate requirements of

state law will be satisfied. Regulations

governing State certification are set forth

in 40 CFR 124.53 and 124.55.

The States of Maine, Massachusetts,

and New Hampshire have narrative

criteria in their water quality regulations

(see Maine Title 38, Article 4–A, Section

420 and Section 464.4.A.(4);

Massachusetts 314 CMR 4.05(5)(e); and

New Hampshire Part Env-Ws 1703.21)

that prohibits toxic discharges in toxic

amounts. The permit does not allow for

the addition of materials or chemicals in

amounts which would produce a toxic

effect to any aquatic life.

Water quality standards applicable to

water treatment facility discharges

covered by this general permit include

TSS and pH for all states; limits of

chlorine and aluminum for the state of

Maine. The limitations for TSS, pH,

chlorine and aluminum are based upon

limitations in the existing permit in

accordance with the anti-backsliding

requirements found in 40 CFR

122.44(1). A summary of the limits and

testing requirements for each state is

described below:

Maine: Limits of monthly average and

maximum daily TSS, pH, Chlorine and

Aluminum. Testing requirements of

LC50 and C–NOEC.

Massachusetts and New Hampshire:

Limits of monthly average and

maximum daily TSS and pH. Testing

requirements for Chlorine, Aluminum,

LC50 and C–NOEC.

The state of New Hampshire may

consider a change in pH under certain

conditions. The following language

reveals when pH can be changed for the

state of New Hampshire:

The pH limits in the draft permit

remain unchanged from the existing

permit, however, language has been

added to this draft permit allowing for

a change in pH limit(s) under certain

conditions as per State Permit

Conditions (part I.C.2.a.). A change

would be considered if the applicant

can demonstrate to the satisfaction of

NHDES-WD that the in-stream pH

standard will be protected when the

discharge is outside the permitted range,

then the applicant or NHDES–WD may

request (in writing) that the permit

limits be modified by EPA to

incorporate the results of the

demonstration.

Anticipating the situation where

NHDES–WD grants a formal approval

changing the pH limit(s) to outside the

6.5 to 8.0 Standard Units (S.U.), EPA

has added a provision to this draft

permit (see New Hampshire part

I.C.1.g.). That provision will allow EPA

to modify the pH limit(s) using a

certified letter approach. This change

will be allowed as long as it can be

demonstrated that the revised pH limit

range does not alter the naturally

occurring receiving water pH. Reference

part I.C.2.a. STATE PERMIT

CONDITIONS in that permit. However,

the pH limit range cannot be less

restrictive than found in the applicable

National Effluent Limitation Guideline

for the facility or to a default range of

6.0 to 9.0 S.U. in the situation of no

Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Notices 40653

applicable guideline, whichever is more

stringent.

If the State approves results from a pH

demonstration study, this permit’s pH

limit range can be relaxed in accordance

with 40 CFR 122.44(l)(2)(i)(B) because it

will be based on new information not

available at the time of this permit’s

issuance. This new information

includes results from the pH

demonstration study that justifies the

application of a less stringent effluent

limitation. EPA anticipates that the limit

determined from the demonstration

study as approved by the NHDES-WD

will satisfy all effluent requirements for

this discharge category and will comply

with New Hampshire’s Surface Water

Quality Regulations amended on

September 30, 1996.

C. Antidegradation Provisions

The conditions of the permit reflect

the goal of the CWA and EPA to achieve

and maintain water quality standards.

The environmental regulations

pertaining to the State Antidegradation

Policies which protect the State’s

surface waters from degradation of

water quality are found in the following

provisions: Maine Title 38, Article 4–A,

Section 464.4.F.; Massachusetts Water

Quality Standards 314 CMR 4.04

Antidegradation Provisions ; and New

Hampshire RSA 485–A:8, VI Part EnvWs 1708.

This general permit does not apply to

any new or increased discharge to any

outstanding national resource water or

the territorial seas. It also does not apply

to any new or increased discharge to

other waters unless the discharge is

shown to be consistent with the state’s

antidegradation policies. This

determination shall be made in

accordance with the appropriate State

Antidegradation implementation

procedures. EPA will not authorize

these discharges under the general

permit until it receives a favorable

antidegradation review and certification

from the States.

D. Monitoring and Reporting

Requirements

Effluent limitations and monitoring

requirements which are included in the

general permit describe the

requirements to be imposed on the

facilities to be covered.

Facilities covered by the final general

permits will be required to submit to

EPA, New England Region and the

appropriate State authority, a Discharge

Monitoring Report (DMR) containing

effluent data. The frequency of reporting

is determined in accordance with each

State’s provisions (see the individual

State permits).

The monitoring requirements have

been established to yield data

representative of the discharge under

authority of section 308(a) of the Act

and 40 CFR 122.41(j), 122.44(i) and

122.48, and as certified by the State.

E. Endangered Species

The proposed limits are sufficiently

stringent to assure water quality

standards, both for aquatic life

protection and human health protection,

will be met. The effluent limitations

established in these permits ensure

protection of aquatic life and

maintenance of the receiving water as

an aquatic habitat. The Region finds that

adoption of the proposed permits is

unlikely to adversely affect any

threatened or endangered species or its

critical habitat. EPA is seeking written

concurrence from the United States Fish

and Wildlife Service and National

Marine Fisheries Service on this

determination.

F. Standard Permit Condition

40 CFR 122.41 and 122.42 must be

complied with. Specific language will

be provided to permittees in part II of

the permit

G. State (401) Certification

Section 401 of the CWA provides that

no Federal license or permit, including

NPDES permits, to conduct any activity

that may result in any discharge into

navigable waters shall be granted until

the State in which the discharge

originates certifies that the discharge

will comply with the applicable

provisions of sections 301, 302, 303,

306, and 307 of the CWA. The section

401 certification process is underway in

all States. In addition, EPA and the

Commonwealth of Massachusetts jointly

issue the final permit.

H. The Coastal Zone Management Act

The Coastal Zone Management Act

(CZMA), 16 U.S.C. 1451 et seq., and its

implementing regulations (15 CFR part

930) require that any federally licensed

activity affecting the coastal zone with

an approved Coastal Zone Management

Program (CZMP) be determined to be

consistent with the CZMP. In the case

of general permits, EPA has the

responsibility for making the

consistency certification and submitting

it to the state for concurrence. EPA has

requested the MEDEP, Division of Water

Resource Regulation, 17 State House,

Augusta, ME 04333; the Executive

Office of Environmental Affairs,

MACZM, 100 Cambridge Street, Boston,

MA 02202; and the Office of State

Planning, New Hampshire Coastal

Program, 21⁄2 Beacon Street, Concord,

NH 03301, to provide a consistency

concurrence that the proposed general

permit is consistent with the ME, MA

and NH Coastal Zone Management

Program respectively.

I. Environmental Impact Statement

Requirements

The general permits do not authorize

discharges from any new sources as

defined under 40 CFR 122.2. Therefore,

the National Environmental Policy Act,

33 U.S.C. 4321 et seq., does not apply

to the issuance of these general NPDES

permits.

J. National Historic Preservation Act of

1966, 16 U.S.C. SS470 et seq.

Facilities which adversely affect

properties listed or eligible for listing in

the National Registry of Historic Places

under the National Historic Preservation

Act of 1996, 16 U.S.C. SS470 et seq. are

not authorized to discharge under this

permit.

K. Essential Fish Habitat

Under the 1996 Amendments (Public

Law 104–267) to the Magnuson-Stevens

Fishery Conservation and Management

Act (16 U.S.C. 1801 et seq. (1998)), EPA

is required to consult with NMFS if

EPA’s action or proposed actions that it

funds, permits or undertakes, ‘‘may

adversely impact any essential fish

habitat.’’ 16 U.S.C. 1855(b). The

Amendments broadly define ‘‘essential

fish habitat’’ (EFH) as ‘‘waters and

substrate necessary to fish for spawning,

breeding, feeding or growth to

maturity.’’ 16 U.S.C. 1802(10). Adverse

impact means any impact which

reduces the quality and/or quantity of

EFH 50 CFR 600.910(a). Adverse effects

may include direct (e.g., contamination

or physical disruption), indirect (e.g.,

loss of prey, reduction in species’

fecundity), site-specific or habitat-wide

impacts, including individual,

cumulative or synergistic consequences

of actions. Id. 

Essential Fish Habitat is only

designated for fish species for which

federal Fisheries Management Plans

exist. 16 U.S.C. 1855(b)(1)(A). EFH

designations for New England were

approved by the U.S. Department of

Commerce on March 3, 1999.

The proposed limits for this general

permit are sufficiently stringent to

assure that state water quality standards

will be met. The effluent limitations

established in these permits ensure

protection of aquatic life and

maintenance of the receiving water as

an aquatic habitat. The Region finds that

adoption of the proposed permits is

unlikely to adversely affect any fish or

shellfish currently listed with a

40654 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Notices

Fisheries Management Plan or its

critical habitat. EPA sought written

concurrence from the National Marine

Fisheries Service on this determination

and incorporated their comments in

section III G. of the Fact Sheet.

V. Other Legal Requirements

A. Executive Order 12866

EPA has determined that this general

permit is not a ‘‘significant regulatory

action’’ under the terms of Executive

Order 12866 and is therefore not subject

to OMB review.

B. Paperwork Reduction Act

The information collection

requirements of this permit were

previously approved by the Office of

Management and Budget under the

provisions of the Paperwork Reduction

Act. 44 U.S.C.3501 et seq., and assigned

OMB control number 2040–0086

(NPDES permit application) and 2040–

0004 (Discharge Monitoring Reports).

C. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA),

5 U.S.C. 601 et seq., requires that EPA

prepare a regulatory flexibility analysis

for rules subject to the requirements of

5 U.S.C. 553(b) that have a significant

impact on a substantial number of small

entities. The permit issued today,

however, is not a ‘‘rule’’ subject to the

requirements of 5 U.S.C. 553(b) and is

therefore not subject to the Regulatory

Flexibility Act.

D. Unfunded Mandates Reform Act

Section 201 of the Unfunded

Mandates Reform Act (UMRA), Public

Law 104–4, generally requires Federal

agencies to assess the effects of their

‘‘regulatory actions’’ (defined to be the

same as ‘‘rules’’ subject to the RFA) on

tribal, state and local governments and

the private sector. The permit issued

today, however, is not a ‘‘rule’’ subject

to the RFA and is therefore not subject

to the requirements of UMRA.

Dated: June 20, 2000.

Mindy Lubber,

Regional Administrator, Region 1.

Part I—Draft General Permits Under

the National Pollutant Discharge

Elimination System (NPDES)

Note: The following three draft general

permits have been combined for purposes of

this Federal Register. Part I A, part I B and

part I C contain general permits for the states

of ME, MA, (including both Commonwealth

and Indian Country Lands) and NH

respectively. Part I.D. is common to all three

permits.

A. Maine General Permit, Permit No.

MEG640000

In compliance with the provisions of

the Federal Clean Water Act, as

amended, (33 U.S.C. 1251 et seq.; the

‘‘CWA’’), operators of facilities

discharging effluent from water

treatment facilities located in Maine are

authorized to discharge to all waters of

the State unless otherwise restricted by

Title 38, Article 4–A, Water

Classification Program, in accordance

with effluent limitations, monitoring

requirements and other conditions set

forth herein. No discharge into lakes is

authorized by this permit. The permit

allows water treatment facility

discharges to be commingled with other

discharges as long as the water

treatment facility discharges can be

monitored separately for compliance. In

Maine the General NPDES Permit is not

available to the dischargers in Indian

Country. EPA will in the near future be

making a decision regarding whether

State law applies in Indian Country in

Maine for the purposes of water quality

regulation in response to the State’s

application to implement the NPDES

Permit program in Indian Country. Until

then we will not know from whom to

accept section 401 of the Clean Water

Act certification and so are not making

the permit available in Indian Country.

This permit shall become effective

when issued.

This permit and the authorization to

discharge expire at midnight, five years

from the effective date of the Federal

Register publication and supersedes the

permit issued on December 9, 1994.

Signed this day of ——

lllllllllllllllllllll

Linda M. Murphy,

Director, Office of Ecosystem Protection,

Environmental Protection Agency, Boston,

MA 02114.

Effluent Limitations and Monitoring

Requirements

1. During the period beginning on the

effective date and lasting through

expiration, the permittee is authorized

to discharge effluent from its water

treatment facility. a. Each outfall

discharging effluent from its water

treatment facility shall be limited and

monitored as specified below.

Monitoring for each outfall shall be

reported.

Effluent characteristic

Discharge limitations other units (Specify)Monitoring requirements

Avg. monthly Max. daily

Measurement 1

frequency

Sample type

Flow (mgd) .................................................................................. Report ............................ 0.15 1/week ....... Total Daily.

TSS (mg/l) ................................................................................... 30 ................................... 50 1/week ....... Grab.

pH (s.u.) ...................................................................................... See note A.1.d ............... .................... 1/week ....... Grab.

Total Residual Chlorine (mg/l) 2 .................................................. ........................................ 1.0 1/week ....... Grab.

Aluminum, Tot. Rec. (mg/l) ......................................................... ........................................ 5.0 1/month ...... Grab.

LC50 and C–NOEC (%) 3 ........................................................... See note A.1.g ............... .................... .................... 24-Hr. comp.

1Samples shall be taken only when discharging.

2Test and report only if chlorination is used in the process.

3 LC–50 is the concentration of effluent in a sample that causes mortality to 50% of the test population at a specific time of observation. C–

NOEC , No Observed Chronic Effect Concentration, is the highest concentration of effluent to which organisms are exposed in a life-cycle or partial life-cycle test which cause no adverse effect on growth, survival and reproduction.

b. The discharge shall not cause a

violation of the water quality standards.

c. Effluent from water treatment

facility may be discharged only into

Class B, C, SB, and SC waters that have

a drainage area larger than ten (10)

square miles in accordance with Maine

State Law.

d. The pH of the effluent shall not be

less than 6.0 standard units nor greater

than 8.5 standard units any time unless

these values are exceeded due to natural

causes or as a result of an approved

treatment process. pH shall be

monitored monthly with 4 grabs,

reporting maximum and minimum

values.

Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Notices 40655

e. There shall be no discharge of

floating solids or visible foam in other

than trace amounts.

f. Samples taken in compliance with

the monitoring requirements specified

above shall be taken at a location that

provides a representative analysis of the

effluent just prior to discharge to the

receiving water or if the effluent is

commingled with another permitted

discharge, prior to such commingling.

g. Chronic (and modified acute)

toxicity test(s) shall be performed on the

water treatment facility discharge by the

permittee upon request by EPA and/or

MEDEP. Testing shall be performed in

accordance with EPA toxicity protocol

to be provided at the time of request.

The test shall be performed on a 24-hour

composite sample to be taken during

normal facility operation. The results of

the test (C–NOEC and LC–50 ) shall be

forwarded to State and EPA within 30

days after completion.

h. A minimum dilution of effluent of

100:1 in the receiving water at 7Q10

should be stipulated.

B. Massachusetts General Permit, Permit

No. MAG640000

In compliance with the provisions of

the Federal Clean Water Act, as

amended, (33 U.S.C. 1251 et seq.; the

‘‘CWA’’), and the Massachusetts Clean

Waters Act, as amended, (M.G.L. Chap.

21, sections 26–53), operators of

facilities located in Massachusetts,

which discharge effluent from water

treatment facilities to the classes of

waters as designated in the

Massachusetts Water Quality Standards,

314 CMR 4.00 et seq., are authorized to

discharge to all waters, unless otherwise

restricted, in accordance with effluent

limitations, monitoring requirements

and other conditions set forth herein.

The permit allows effluent from water

facility discharges to be commingled

with other discharges as long as the

effluent from the water treatment

facility can be monitored separately for

compliance. This permit shall become

effective when issued.

This permit and the authorization to

discharge expire at midnight, five years

from the effective date of the Federal

Register publication and supersedes the

permit issued on December 9, 1994.

Signed this day of

lllllllllllllllllllll

Linda M. Murphy,

Director, Office of Ecosystem Protection, U.S.

Environmental Protection Agency, Boston,

MA 02114.

lllllllllllllllllllll

Glenn Haas,

Director, Division of Watershed Management,

Department of Environmental Protection,

Commonwealth of Massachusetts, Boston,

MA.

Effluent Limitations and Monitoring

Requirements

1. During the period beginning on the

effective date and lasting through

expiration, the permittee is authorized

to discharge effluent from its water

treatment facility.

a. Each outfall discharging effluent

from its water treatment facility shall be

limited and monitored as specified

below. Monitoring for each outfall shall

be reported.

Effluent characteristic requirements

Discharges limitations other units (specify) Monitoring measurement 1 frequency Sample type

Avg. monthly Max. daily

Flow, (mgd) ..................................................... .................................... 1.0 .............................. 1/week ........................ Total daily.

TSS, (mg/l) ..................................................... 30 ............................... 50 ............................... 1/week ........................ 4 grabs.

pH, (s.u.) ......................................................... (see part I.B.1.e or f) .................................... 1/week ........................ 4 grabs.

Total Residual Chlorine, (mg/l)2 ..................... Report ........................ Report ........................ 1/week ........................ 4 grabs.

Aluminum, Tot. Rec. (mg/l) ............................ .................................... Report ........................ 1/month ...................... 4 grabs.

LC–50 and C–NOEC, (%)3 ............................ (see part I.B.1.g) ........ .................................... .................................... 24-hr. comp.

1Samples shall be taken only when discharging.

2Test and report only if chlorination is used in the process.

3 LC–50 is the concentration of effluent in a sample that causes mortality to 50% of the test population at a specific time of observation. C–

NOEC , No Observed Chronic Effect Concentration, is the highest concentration of effluent to which organisms are exposed in a life-cycle or partial life-cycle test which cause no adverse effect on growth, survival and reproduction.

b. The discharge shall not cause a

violation of the water quality standards.

c. There shall be no discharge of

floating solids or visible foam in other

than trace amounts.

d. Samples taken in compliance with

the monitoring requirements specified

above shall be taken at a location that

provides a representative analysis of the

effluent just prior to discharge to the

receiving water or if the effluent is

commingled with another discharge,

prior to such commingling.

e. The pH of the effluent for

discharges to Class A and Class B waters

shall be in the range of 6.5–8.3 standard

units and not more than 0.5 units

outside of the background range. There

shall be no change from background

conditions that would impair any uses

assigned to the receiving water Class.

f. The pH of the effluent for

discharges to Class SA and Class SB

waters shall be in the range of 6.5–8.5

standard units and not more than 0.2

units outside of the normally occurring

range. There shall be no change from

background conditions that would

impair any uses assigned to the

receiving water Class.

g. Chronic (and modified acute)

toxicity test(s) shall be performed on the

water treatment facility discharge by the

permittee upon request by EPA and/or

MADEP. Testing shall be performed in

accordance with EPA toxicity protocol

to be provided at the time of the request.

The test shall be performed on a 24-hour

composite sample to be taken during

normal facility operation. The results of

the test (C–NOEC and LC50 ) shall be

forwarded to State and EPA within 30

days after completion.

2. State Permit Conditions

1. This Discharge Permit is issued

jointly by the U.S. Environmental

Protection Agency (EPA) and the

Department of Environmental Protection

under Federal and State law,

respectively. As such, all the terms and

conditions of this permit are hereby

incorporated into and constitute a

discharge permit issued by the Director

of the Massachusetts Division of

Watershed Management pursuant to

M.G.L. Chap. 21, section 43.

2. Each Agency shall have the

independent right to enforce the terms

and conditions of this Permit. Any

modification, suspension or revocation

of this Permit shall be effective only

with respect to the Agency taking such

action, and shall not affect the validity

or status of this Permit as issued by the

other Agency, unless and until each

40656 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Notices

Agency has concurred in writing with

such modification, suspension or

revocation. In the event any portion of

this Permit is declared, invalid, illegal

or otherwise issued in violation of State

law such permit shall remain in full

force and effect under Federal law as an

NPDES Permit issued by the U.S.

Environmental Protection Agency. In

the event this Permit is declared invalid,

illegal or otherwise issued in violation

of Federal law, this Permit shall remain

in full force and effect under State law

as a Permit issued by the

Commonwealth of Massachusetts.

C. New Hampshire General Permit,

Permit No. NHG640000

In compliance with the provisions of

the Federal Clean Water Act, as

amended, (33 U.S.C. 1251 et seq.; the

‘‘CWA’’), operators of facilities

discharging effluent from water

treatment facility located in New

Hampshire are authorized to discharge

to all waters, unless otherwise restricted

by State Water Quality Standards, New

Hampshire RSA 485–A:8, in accordance

with effluent limitations, monitoring

requirements and other conditions set

forth herein. The permit allows effluent

from water treatment facility to be

commingled with other discharges as

long as the effluent from water

treatment facility can be monitored

separately for compliance.

This permit shall become effective

when issued.

This permit and the authorization to

discharge expire at midnight, five years

from the effective date of the Federal

Register publication and supersedes the

permit issued on December 9, 1994.

Signed this day of

lllllllllllllllllllll

Linda M. Murphy,

Director, Office of Ecosystem Protection,

Environmental Protection Agency, Boston,

MA 02114.

Effluent Limitations and Monitoring

Requirements

1. During the period beginning on the

effective date and lasting through

expiration, the permittee is authorized

to discharge effluent from its water

treatment facility.

a. Each outfall discharging effluent

from water treatment facilities shall be

limited and monitored as specified

below. Monitoring for each outfall shall

be reported.

Effluent characteristic

Discharges limitations other units (specify) Monitoring requirements

Avg. monthly Max. daily Measurement 1 frequency Sample type

Flow, (mgd) ..................................................... .................................... 1.0 .............................. 1/week ........................ Total daily.

TSS, (mg/l) ..................................................... 30 ............................... 50 ............................... 1/week ........................ Grab.

pH, (s.u.) (see Part I.C.1.e) ............................ For limits see part

I.C.2.a.

.................................... 1/week ........................ Grab.

Total Residual Chlorine, (mg/l)2 ..................... Report ........................ Report ........................ 1/week ........................ Grab.

Aluminum, Tot. Rec., (mg/l) ........................... .................................... Report ........................ 1/month ...................... Grab.

LC-50 and C-NOEC, (%)3 .............................. (see part I.C.1.f) ......... .................................... .................................... 24-hour composite.

1Samples shall be taken only when discharging.

2Test and report only if chlorination is used in the process.

3 LC–50 is the concentration of effluent in a sample that causes mortality to 50% of the test population at a specific time of observation. C–

NOEC, No Observed Chronic Effect Concentration, is the highest concentration of effluent to which organisms are exposed in a life-cycle or partial life-cycle test which cause no adverse effect on growth, survival and reproduction at a specific time of observation as determined from hypothesis testing where the test results (growth, survival and/or reproduction) exhibit a linear dose-response relationship. However, where the test

results do not exhibit a linear dose-response relationship, report the lowest concentration where there is no observable effect.

b. The discharge shall not cause a

violation of the water quality standards

of the receiving water.

c. The discharge shall be adequately

treated to insure that the surface water

remains free from pollutants in

concentrations or combinations that

settle to form harmful deposits, float as

foam, debris, scum or other visible

pollutants. It shall be adequately treated

to insure that the surface waters remain

free from pollutants which odor, color,

taste or turbidity in the receiving water

which is not naturally occurring and

would render it unsuitable for its

designated uses.

d. Samples taken in compliance with

the monitoring requirements specified

above shall be taken at a location that

provides a representative analysis of the

effluent just prior to discharge to the

receiving water or, if the effluent is

commingled with another permitted

discharge, prior to such commingling.

e. The permittee may submit a written

request to the EPA requesting a change

in the permitted pH limit range to be not

less restrictive than any applicable

federal effluent guideline for the facility

or to a default range of 6.0 to 9.0 S.U.

in the situation of no applicable

guideline, whichever is more stringent.

The permittee’s written request must

include the State’s letter containing an

original signature (no copies). The

State’s letter shall state that the

permittee has demonstrated to the

State’s satisfaction that as long as

discharges to the receiving water from a

specific outfall are within a specific

numeric pH range the naturally

occurring receiving water pH will be

unaltered. That letter must specify for

each outfall the associated numeric pH

limit range. Until written notice is

received by certified mail from the EPA

indicating the pH limit range has been

changed, the permittee is required to

meet the permitted pH limit range in the

respective permit.

f. One chronic (and modified acute)

toxicity test shall be performed on the

water treatment facility’s discharge by

the permittee upon request by EPA and/

or the NHDES. Testing shall be

performed in accordance with EPA

toxicity protocol to be provided at the

time of the request. The test shall be

performed on a 24-hour composite

sample to be taken during normal

facility operation. The results of the test

(C-NOEC and LC50 ) shall be forwarded

to the State and EPA within 30 days

after completion.

2. State Permit Conditions

a. The permittee shall comply with

the following conditions which are

included as State Certification

requirements.

The pH range for class B waters shall

be 6.5–8.0 S.U. or as naturally occurs in

the receiving water. The 6.5–8.0 S.U.

range must be achieved in the final

effluent unless the permittee can

demonstrate to Division that: (1) The

range should be widened due to

naturally occurring conditions in the

receiving water or (2) the naturally

occurring source water pH is unaltered

by the permittees operation. The scope

Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Notices 40657

of any demonstration project must

receive prior approval from the

Division.

b. This NPDES Discharge Permit is

issued by the U.S. Environmental

Protection Agency under Federal and

State law. Upon final issuance by the

EPA, the New Hampshire Department of

Environmental Services, Water Division,

may adopt this Permit, including all

terms and conditions, as a state permit

pursuant to RSA 485–A:13.

D. Common Elements for All Permits

1. Conditions of the General NPDES

Permit

a. Geographic Areas

Maine (Permit No. MEG640000). All

of the discharges to be authorized by the

general NPDES permit for dischargers

located in the State of Maine are into all

waters of the State unless otherwise

restricted by Title 38, Article 4–A,

Water Classification Program (or as

revised). In Maine the General NPDES

Permit is not available to the dischargers

in Indian Country. EPA will in the near

future be making a decision regarding

whether State law applies in Indian

Country in Maine for the purposes of

water quality regulation in response to

the State’s application to implement the

NPDES Permit program in Indian

Country. Until then we will not know

from whom to accept section 401 of the

Clean Water Act certification and so are

not making the permit available in

Indian Country.

Massachusetts (Permit No.

MAG640000). All of the discharges to be

authorized by the general NPDES permit

for dischargers in the Commonwealth of

Massachusetts are into all waters of the

Commonwealth unless otherwise

restricted by the Massachusetts Surface

Water Quality Standards, 314 CMR 4.00

(or as revised), including 314 CMR

4.04(3) Protection of Outstanding

Resource Waters.

New Hampshire (Permit No.

NHG640000). All of the discharges to be

authorized by the general NPDES permit

for dischargers in the State of New

Hampshire are into all waters of the

State of New Hampshire unless

otherwise restricted by the State Water

Quality Standards, New Hampshire RSA

485–A:8 (or as revised).

b. Notification by Permittees

Operators of facilities whose

discharge, or discharges, are effluent

from water treatment facilities and

whose facilities are located in the

geographic areas described in part

I.D.1.a above, may submit to the

Regional Administrator, EPA—New

England, a notice of intent to be covered

by the appropriate general permit.

Notifications must be submitted by

permittees who are seeking coverage

under this permit for the first time and

by those permittees who received

coverage under the expired permit. This

written notification must include for

each individual facility, the owner’s

and/or operator’s legal name, address

and telephone number; the facility

name, address, contact name and

telephone number; the number and type

of facilities (SIC code) to be covered; the

facility location(s); a topographic map

(or other map if a topographic map is

not available) indicating the facility

location(s) and discharge point(s);

latitude and longitude of outfall(s); the

name(s) of the receiving waters into

which discharge will occur; the source

of water i.e., river intake, private well

etc. to be treated; an antidegradation

review where necessary see section IV.

C of the Fact Sheet; new and increased

discharges from water treatment facility

that may adversely affect a listed or

proposed to be listed endangered or

threatened species or its critical habitat

are not authorized under this general

permit (see section IV. E of the Fact

Sheet); and a list of water treatment

chemicals used by the facility. The

notice must be signed in accordance

with the signatory requirements of 40

CFR 122.22.

Each facility must certify that the

discharge for which it is seeking

coverage under this general permit

consists solely of effluent from

discharges from the water treatment

facilities. If the discharge of the water

treatment facility subsequently mixes

with other wastewater (e.g. stormwater)

prior to discharging to a receiving water,

the permittee must certify that the

monitoring it will provide under this

general permit will be only for water

treatment facility. An authorization to

discharge under this general permit,

where the water treatment facility

discharges to a municipal or private

storm drain owned by another party,

does not convey any rights or

authorization to connect to that drain.

Each facility must also submit a copy

of the notice of intent to each State

authority as appropriate (see individual

state permits for appropriate authority

and address).

The facilities authorized to discharge

under the final general permit will

receive written notification from EPA,

New England Region, with State

concurrence. Failure to submit to EPA,

New England Region, a notice of intent

to be covered and/or failure to receive

from EPA written notification of permit

coverage means that the facility is not

authorized to discharge under this

general permit.

2. Administrative Aspects

a. Request To be Covered

A facility is not covered by any of

these general permits until it meets the

following requirements. First, it must

send a notice of intent to EPA and the

appropriate State indicating it meets the

requirements of the permit and wants to

be covered. And second, it must be

notified in writing by EPA that it is

covered by this general permit.

b. Eligibility to Apply

Any facility operating under an

effective (unexpired) individual NPDES

permit may request that the individual

permit be revoked and that coverage

under the general permit be granted, as

outlined in 40 CFR 122.28(b)(3)(v). If

EPA revokes the individual permit, the

general permit would apply to the

discharge.

Facilities with expired individual

permits that have been administratively

continued in accordance with 40 CFR

122.6 may apply for coverage under this

general permit. When coverage is

granted the expired individual permit

automatically will cease being in effect.

Proposed new dischargers may apply for

coverage under this general permit and

must submit the NOI 90 days prior to

the discharge.

Facilities with coverage under the

current general permit issued on

December 9, 1994, effective on January

9, 1995 and expired on January 9, 2000

need to apply for coverage under this

general permit within 60 days from the

effective date of the permit. Failure to

submit a Notice of Intent within 60 days

for continuation of the discharge will be

considered discharging without a permit

as of the expiration date of the expired

permit (January 9, 2000) for enforcement

purposes. A Notice of Intent is not

required if the permittee submits a

Notice of Termination (see part I.F.1) of

discharge before the sixty days expires.

c. Continuation of this General Permit

after Expiration

If this permit is not reissued prior to

the expiration date, it will be

administratively continued in

accordance with the Administrative

Procedures Act and remain in force and

in effect as to any particular permittee

as long as the permittee submits a new

Notice of Intent two (2) months prior to

the expiration date in the permit.

However, once this permit expires EPA

cannot provide written notification of

coverage under this general permit to

any permittee who submits Notice of

40658 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Notices

Intent to EPA after the permit’s

expiration date. Any permittee who was

granted permit coverage prior to the

expiration date will automatically

remain covered by the continued permit

until the earlier of:

(1) Reissuance of this permit, at which

time the permittee must comply with

the Notice of Intent conditions of the

new permit to maintain authorization to

discharge; or

(2) The permittee’s submittal of a

Notice of Termination; or

(3) Issuance of an individual permit

for the permittee’s discharges; or

(4) A formal permit decision by the

Director not to reissue this general

permit, at which time the permittee

must seek coverage under an alternative

general permit or an individual permit.

E. Monitoring and Reporting

Maine and Massachusetts

Monitoring results obtained during

the previous 3 months shall be

summarized for each quarter and

reported on separate Discharge

Monitoring Report Form(s) postmarked

no later than the 15th day of the month

following the completed reporting

period. The reports are due on the 15th

day of January, April, July and October.

The first report may include less than 3

months information.

New Hampshire

Monitoring results obtained during

the previous month shall be

summarized for each month and

reported on separate Discharge

Monitoring Report Form(s) postmarked

no later than the 15th day of the month

following the completed reporting

period. The reports are due on the 15th

day of the month following the

reporting period.

The reports as stated above should be

sent to EPA and the States at the

following addresses:

1. EPA

Submit original signed and dated

DMRs and all other reports required

herein at the following addressee: U.S.

Environmental Protection Agency,

Water Technical Unit (SEW), Post Office

Box 8127, Boston, MA 02114.

2. Massachusetts Department of

Environmental Protection

a. The Regional Offices wherein the

discharge occurs, shall receive a copy of

the DMRs required herein:

Massachusetts Department of

Environmental Protection, Western

Regional Office, Post Office Box 2410,

Springfield, MA 01103

Massachusetts Department of

Environmental Protection,

Southeastern Regional Office, 20

Riverside Drive, Lakeville, MA 02347

Massachusetts Department of

Environmental Protection,

Northeastern Regional Office, 205A

Lowell Street, Wilmington, MA 01887

Massachusetts Department of

Environmental Protection, Central

Regional Office, 627 Main Street,

Worcester, Massachusetts 01608

b. Copies of all toxicity tests and other

notifications, except DMRs required by

this permit shall also be submitted to

the State at:

Massachusetts Department of

Environmental Protection, Division of

Watershed Management, 627 Main

Street, Worcester, MA 01608

c. Copies of the State Application

Form BRP WM 11, Appendix A-Request

for General Permit coverage, may be

obtained at the DEP website at

(www.state.magnet.us/dep); by

telephoning the DEP Info Service Center

(Permitting) at (617) 338–2255 or 1–

800–462–0444 in 508, 413, 978 and 781

area codes; or from any DEP Regional

Service Center located in each Regional

Office.

3. Maine Department of Environmental

Protection

Signed copies of all reports required

by this permit shall be sent to the State

at: Maine Department of Environmental

Protection, Division of Water Resource

Regulation, 17 State House, Augusta,

ME 04333.

4. New Hampshire Department of

Environmental Services

Signed copies of all reports required

by this permit shall be sent to the State

at: New Hampshire Department of

Environmental Services, Water Division,

P.O. Box 95, 6 Hazen Drive, Concord,

New Hampshire 03302–0095.

F. Additional General Permit Conditions

1. Termination of Operations

Operators of facilities and/or

operations authorized under this permit

shall notify the Director upon the

termination of discharges. The notice

must contain the name, mailing address,

and location of the facility for which the

notification is submitted, the NPDES

permit number for the water treatment

facility discharge identified by the

notice, and an indication of whether the

water treatment facility discharge has

been eliminated or the operator of the

discharge has changed. The notice must

be signed in accordance with the

signatory requirements of 40 CFR

122.22.

2. When the Director May Require

Application for an Individual NPDES

Permit

a. The Director may require any

person authorized by this permit to

apply for and obtain an individual

NPDES permit. Any interested person

may petition the Director to take such

action. Instances where an individual

permit may be required include the

following:

(1) The discharge(s) is a significant

contributor of pollution;

(2) The discharger is not in

compliance with the conditions of this

permit;

(3) A change has occurred in the

availability of the demonstrated

technology of practices for the control or

abatement of pollutants applicable to

the point source;

(4) Effluent limitation guidelines are

promulgated for point sources covered

by this permit;

(5) A Water Quality Management Plan

or Total Maximum Daily Load

containing requirements applicable to

such point source is approved;

(6) Discharge to the territorial sea

(7) Discharge to outstanding natural

resource water.

(8) The point source(s) covered by this

permit no longer:

(a) Involves the same or substantially

similar types of operations;

(b) Discharges the same types of

wastes;

(c) Requires the same effluent

limitations or operating conditions;

(d) Requires the same or similar

monitoring; and

(e) In the opinion of the Director, is

more appropriately controlled under a

general permit than under an individual

NPDES permit.

b. The Director may require an

individual permit only if the permittee

authorized by the general permit has

been notified in writing that an

individual permit is required, and has

been given a brief explanation of the

reasons for this decision.

3.When an Individual NPDES Permit

May Be Requested

a. Any operator may request to be

excluded from the coverage of this

general permit by applying for an

individual permit.

b. When an individual NPDES permit

is issued to an operator otherwise

subject to this general permit, the

applicability of this permit to that

owner or operator is automatically

terminated on the effective date of the

individual permit.

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Part II. Standard Conditions

Section A. General Requirements

1. Duty To Comply

The permittee must comply with all

conditions of this permit. Any permit

noncompliance constitutes a violation

of the Clean Water Act and is grounds

for enforcement action; for permit

termination, revocation and reissuance,

or modification; or for denial of a permit

renewal application.

a. The permittee shall comply with

effluent standards or prohibitions

established under section 307(a) of the

CWA for toxic pollutants and with

standards for sewage sludge use or

disposal established under section 405

(d) of the CWA within the time

provided in the regulations that

establish these standards or

prohibitions, even if the permit has not

yet been modified to incorporate the

requirement.

b. The CWA provides that any person

who violates sections 301, 302, 306,

307, 308, 318, or 405 of the CWA or any

permit condition or limitation

implementing any of such sections in a

permit issued under section 402, or any

requirement imposed in a pretreatment

program approved under sections

402(a)(3) or 402(b)(8) of the CWA is

subject to a civil penalty not to exceed

$25,000 per day for each violation. Any

person who negligently violates such

requirements is subject to a fine of not

less than $2,500 nor more than $25,000

per day of violation, or by imprisonment

for not more than l year, or both. Any

person who knowingly violates such

requirements is subject to a fine of not

less than $5,000 nor more than $50,000

per day of violation, or by imprisonment

for not more than 3 years, or both. Note:

See 40 CFR 122.41(a)(2) for additional

enforcement criteria.

c. Any person may be assessed an

administrative penalty by the

Administrator for violating sections 301,

302, 306, 307, 308, 318, or 405 of the

CWA, or any permit condition or

limitation implementing any of such

sections in a permit issued under

section 402 of the CWA. Administrative

penalties for Class I violations are not to

exceed $10,000 per violation, with the

maximum amount of any Class I penalty

assessed not to exceed $25,000.

Penalties for Class II violations are not

to exceed $10,000 per day for each day

during which the violation continues,

with the maximum amount of any Class

II penalty not to exceed $125,000.

2. Permit Actions

This permit may be modified, revoked

and reissued, or terminated for cause.

The filing of a request by the permittee

for a permit modification, revocation

and reissuance, or termination, or a

notification of planned changes or

anticipated noncompliance does not

stay any permit condition.

3. Duty To Provide Information

The permittee shall furnish to the

Regional Administrator, within a

reasonable time, any information which

the Regional Administrator may request

to determine whether cause exists for

modifying, revoking and reissuing, or

terminating this permit, or to determine

compliance with this permit. The

permittee shall also furnish to the

Regional Administrator, upon request,

copies of records required to be kept by

this permit.

4. Reopener Clause

The Regional Administrator reserves

the right to make appropriate revisions

to this permit in order to establish any

appropriate effluent limitations,

schedules of compliance, or other

provisions which may be authorized

under the CWA in order to bring all

discharges into compliance with the

CWA.

5. Oil and Hazardous Substance

Liability

Nothing in this permit shall be

construed to preclude the institution of

any legal action or relieve the permittee

from any responsibilities, liabilities, or

penalties to which the permittee is or

may be subject under section 311 of the

CWA, or section 106 of the

Comprehensive Environmental

Response, Compensation and Liability

Act of 1980 (CERCLA).

6. Property Rights

The issuance of this permit does not

convey any property rights of any sort,

nor any exclusive privileges.

7. Confidentiality of Information

a. In accordance with 40 CFR part 2,

any information submitted to EPA

pursuant to these regulations may be

claimed as confidential by the

submitter. Any such claim must be

asserted at the time of submission in the

manner prescribed on the application

form or instructions or, in the case of

other submissions, by stamping the

words ‘‘confidential business

information’’ on each page containing

such information. If no claim is made at

the time of submission, EPA may make

the information available to the public

without further notice. If a claim is

asserted, the information will be treated

in accordance with the procedures in 40

CFR part 2 (Public Information).

b. Claims of confidentiality for the

following information will be denied:

(i) The name and address of any

permit applicant or permittee;

(ii) Permit applications, permits, and

effluent data as defined in 40 CFR

2.302(a)(2).

c. Information required by NPDES

application forms provided by the

Regional Administrator under section

122.21 may not be claimed confidential.

This includes information submitted on

the forms themselves and any

attachments used to supply information

required by the forms.

8. Duty To Reapply

If the permittee wishes to continue an

activity regulated by this permit after its

expiration date, the permittee must

apply for and obtain a new permit. The

permittee shall submit a new notice of

intent at least 60 days before the

expiration date of the existing permit,

unless permission for a later date has

been granted by the Regional

Administrator. (The Regional

Administrator shall not grant

permission for applications to be

submitted later than the expiration date

of the existing permit.)

9. State Authorities

Nothing in parts 122, 123, or 124

precludes more stringent State

regulation of any activity covered by

these regulations, whether or not under

an approved State program.

10. Other Laws

The issuance of a permit does not

authorize any injury to persons or

property or invasion of other private

rights, nor does it relieve the permittee

of its obligation to comply with any

other applicable Federal, State, and

local laws and regulations.

Section B. Operation and Maintenance

of Pollution Controls

1. Proper Operation and Maintenance

The permittee shall at all times

properly operate and maintain all

facilities and systems of treatment and

control (and related appurtenances)

which are installed or used by the

permittee to achieve compliance with

the conditions of this permit and with

the requirements of storm water

pollution prevention plans. Proper

operation and maintenance also

includes adequate laboratory controls

and appropriate quality assurance

procedures. This provision requires the

operation of back-up or auxiliary

facilities or similar systems only when

the operation is necessary to achieve

compliance with the conditions of the

permit.

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2. Need To Halt or Reduce Not a

Defense

It shall not be a defense for a

permittee in an enforcement action that

it would have been necessary to halt or

reduce the permitted activity in order to

maintain compliance with the

conditions of this permit.

3. Duty To Mitigate

The permittee shall take all

reasonable steps to minimize or prevent

any discharge or sludge use or disposal

in violation of this permit which has a

reasonable likelihood of adversely

affecting human health or the

environment.

4. Bypass

a. Definitions.

(1) ‘‘Bypass’’ means the intentional

diversion of waste streams from any

portion of a treatment facility.

(2) ‘‘Severe property damage’’ means

substantial physical damage to property,

damage to the treatment facilities which

causes them to become inoperable, or

substantial and permanent loss of

natural resources which can reasonably

be expected to occur in the absence of

a bypass. Severe property damage does

not mean economic loss caused by

delays in production.

b. Bypass not exceeding limitations.

The permittee may allow any bypass to

occur which does not cause effluent

limitations to be exceeded, but only if

it also is for essential maintenance to

assure efficient operation. These

bypasses are not subject to the

provisions of paragraphs B.4.c and 4.d

of this section.

c. Notice.

(1) Anticipated bypass.

If the permittee knows in advance of

the need for a bypass, it shall submit

prior notice, if possible at least ten days

before the date of the bypass.

(2) Unanticipated bypass.

The permittee shall submit notice of

an unanticipated bypass as required in

paragraph D.1.e (24-hour notice).

d. Prohibition of bypass.

(1) Bypass is prohibited, and the

Regional Administrator may take

enforcement action against a permittee

for bypass, unless:

(a) Bypass was unavoidable to prevent

loss of life, personal injury, or severe

property damage;

(b) There were no feasible alternatives

to the bypass, such as the use of

auxiliary treatment facilities, retention

of untreated wastes, or maintenance

during normal periods of equipment

downtime. This condition is not

satisfied if adequate back-up equipment

should have been installed in the

exercise of reasonable engineering

judgment to prevent a bypass which

occurred during normal periods of

equipment downtime or preventive

maintenance; and

(c)(i) The permittee submitted notices

as required under paragraph 4.c of this

section.

(ii) The Regional Administrator may

approve an anticipated bypass, after

considering its adverse effects, if the

Regional Administrator determines that

it will meet the three conditions listed

above in paragraph 4.d of this section.

5. Upset

a. Definition. ‘‘Upset’’ means an

exceptional incident in which there is

unintentional and temporary noncompliance with technology-based

permit effluent limitations because of

factors beyond the reasonable control of

the permittee. An upset does not

include noncompliance to the extent

caused by operational error, improperly

designed treatment facilities, inadequate

treatment facilities, lack of preventive

maintenance, or careless or improper

operation.

b. Effect of an upset. An upset

constitutes an affirmative defense to an

action brought for noncompliance with

such technology-based permit effluent

limitations if the requirements of

paragraph B.5.c of this section are met.

No determination made during

administrative review of claims that

noncompliance was caused by upset,

and before an action for noncompliance,

is final administrative action subject to

judicial review.

c. Conditions necessary for a

demonstration of upset. A permittee

who wishes to establish the affirmative

defense of upset shall demonstrate,

through properly signed,

contemporaneous operating logs, or

other relevant evidence that:

(1) An upset occurred and that the

permittee can identify the cause(s) of

the upset;

(2) The permitted facility was at the

time being properly operated;

(3) The permittee submitted notice of

the upset as required in Paragraphs

D.1.a and 1.e (24-hour notice); and

(4) The permittee complied with any

remedial measures required under B.3.

above.

d. Burden of proof. In any

enforcement proceeding the permittee

seeking to establish the occurrence of an

upset has the burden of proof.

Section C. Monitoring and Records

1. Monitoring and Records

a. Samples and measurements taken

for the purpose of monitoring shall be

representative of the monitored activity.

b. Except for records of monitoring

information required by this permit

related to the permittee’s sewage sludge

use and disposal activities, which shall

be retained for a period of at least five

years (or longer as required by 40 CFR

part 503), the permittee shall retain

records of all monitoring information,

including all calibration and

maintenance records and all original

strip chart recordings for continuous

monitoring instrumentation, copies of

all reports required by this permit, and

records of all data used to complete the

application for this permit, for a period

of at least 3 years from the date of the

sample, measurement, report or

application except for the information

concerning storm water discharges

which must be retained for a total of 6

years. This retention period may be

extended by request of the Regional

Administrator at any time.

c. Records of monitoring information

shall include:

(1) The date, exact place, and time of

sampling or measurements;

(2) The individual(s) who performed

the sampling or measurements;

(3) The date(s) analyses were

performed;

(4) The individual(s) who performed

the analyses;

(5) The analytical techniques or

methods used; and

(6) The results of such analyses.

d. Monitoring results must be

conducted according to test procedures

approved under 40 CFR part 136 or, in

the case of sludge use or disposal,

approved under 40 CFR part 136 unless

otherwise specified in 40 CFR part 503,

unless other test procedures have been

specified in the permit.

e. The Clean Water Act provides that

any person who falsifies, tampers with,

or knowingly renders inaccurate any

monitoring device or method required

to be maintained under this permit

shall, upon conviction, be punished by

a fine of not more than $10,000, or by

imprisonment for not more than 2 years,

or both. If a conviction of a person is for

a violation committed after a first

conviction of such person under this

paragraph, punishment is a fine of not

more than $20,000 per day of violation,

or by imprisonment of not more than 4

years, or both.

2. Inspection and Entry

The permittee shall allow the

Regional Administrator, or an

authorized representative (including an

authorized contractor acting as a

representative of the Administrator),

upon presentation of credentials and

other documents as may be required by

law, to:

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a. Enter upon the permittee’s premises

where a regulated facility or activity is

located or conducted, or where records

must be kept under the conditions of

this permit;

b. Have access to and copy, at

reasonable times, any records that must

be kept under the conditions of this

permit;

c. Inspect at reasonable times any

facilities, equipment (including

monitoring and control equipment),

practices, or operations regulated or

required under this permit; and

d. Sample or monitor at reasonable

times, for the purposes of assuring

permit compliance or as otherwise

authorized by the Clean Water Act, any

substances or parameters at any

location.

Section D. Reporting Requirements

1. Reporting Requirements

a. Planned changes. The permittee

shall give notice to the Regional

Administrator as soon as possible of any

planned physical alterations or

additions to the permitted facility.

Notice is required only when:

(1) The alteration or addition to a

permitted facility may meet one of the

criteria for determining whether a

facility is a new source in 40 CFR

122.29(b); or

(2) The alteration or addition could

significantly change the nature or

increase the quantity of pollutants

discharged. This notification applies to

pollutants which are subject to the

effluent limitations in the permit, nor to

the notification requirements under 40

CFR 122.42(a)(1).

(3) The alteration or addition results

in a significant change in the permittee’s

sludge use or disposal practices, and

such alteration, addition or change may

justify the application of permit

conditions different from or absent in

the existing permit, including

notification of additional use or disposal

sites not reported during the permit

application process or not reported

pursuant to an approved land

application plan.

b. Anticipated noncompliance. The

permittee shall give advance notice to

the Regional Administrator of any

planned changes in the permitted

facility or activity which may result in

noncompliance with permit

requirements.

c. Transfers. This permit is not

transferable to any person except after

notice to the Regional Administrator.

The Regional Administrator may require

modification or revocation and

reissuance of the permit to change the

name of the permittee and incorporate

such other requirements as may be

necessary under the Clean Water Act.

(See section 122.61; in some cases,

modification or revocation and

reissuance is mandatory.)

d. Monitoring reports. Monitoring

results shall be reported at the intervals

specified elsewhere in this permit.

(1) Monitoring results must be

reported on a Discharge Monitoring

Report (DMR) or forms provided or

specified by the Regional Administrator

for reporting results of monitoring of

sludge use or disposal practices.

(2) If the permittee monitors any

pollutant more frequently than required

by the permit using test procedures

approved under 40 CFR part 136 or, in

the case of sludge use or disposal,

approved under 40 CFR part 136 unless

otherwise specified in 40 CFR part 503,

or as specified in the permit, the results

of this monitoring shall be included in

the calculation and reporting of the data

submitted in the DMR or sludge

reporting form specified by the Regional

Administrator.

(3) Calculations for all limitations

which require averaging of

measurements shall utilize an

arithmetic mean unless otherwise

specified by the Regional Administrator

in the permit.

e. Twenty-four hour reporting.

(1) The permittee shall report any

noncompliance which may endanger

health or the environment. Any

information shall be provided orally

within 24 hours from the time the

permittee becomes aware of the

circumstances.

A written submission shall also be

provided within 5 days of the time the

permittee becomes aware of the

circumstances. The written submission

shall contain a description of the

noncompliance and its cause; the period

of noncompliance, including exact dates

and times, and if the noncompliance has

not been corrected, the anticipated time

it is expected to continue; and steps

taken or planned to reduce, eliminate,

and prevent reoccurrence of the

noncompliance.

(2) The following shall be included as

information which must be reported

within 24 hours under this paragraph.

(a) Any unanticipated bypass which

exceeds any effluent limitation in the

permit. (See section 122.41(g))

(b) Any upset which exceeds any

effluent limitation in the permit.

(c) Violation of a maximum daily

discharge limitation for any of the

pollutants listed by the Regional

Administrator in the permit to be

reported within 24 hours. (See section

122.44(g))

(3) The Regional Administrator may

waive the written report on a case-bycase basis for reports under paragraph

D.1.e if the oral report has been received

within 24 hours.

f. Compliance Schedules. Reports of

compliance or noncompliance with, or

any progress reports on, interim and

final requirements contained in any

compliance schedule of this permit

shall be submitted no later than 14 days

following each schedule date.

g. Other noncompliance. The

permittee shall report all instances of

noncompliance not reported under

paragraphs D.1.d, D.1.e and D.1.f of this

section, at the time monitoring reports

are submitted. The reports shall contain

the information listed in paragraph

D.1.e of this section.

h. Other information. Where the

permittee becomes aware that it failed to

submit any relevant facts in a permit

application, or submitted incorrect

information in a permit application or

in any report to the Regional

Administrator, it shall promptly submit

such facts or information.

2. Signatory Requirement

a. All applications, reports, or

information submitted to the Regional

Administrator shall be signed and

certified. (See section 122.22)

b. The CWA provides that any person

who knowingly makes any false

statement, representation, or

certification in any record or other

document submitted or required to be

maintained under this permit, including

monitoring reports or reports of

compliance or non-compliance shall,

upon conviction, be punished by a fine

of not more than $10,000 per violation,

or by imprisonment for not more than

6 months per violation, or by both.

3. Availability of Reports

Except for data determined to be

confidential under paragraph A.8.

above, all reports prepared in

accordance with the terms of this permit

shall be available for public inspection

at the offices of the State water pollution

control agency and the Regional

Administrator. As required by the CWA,

effluent data shall not be considered

confidential. Knowingly making any

false statement on any such report may

result in the imposition of criminal

penalties as provided for in section 309

of the CWA.

Section E. Other Conditions

1. Definitions for purposes of this

permit are as follows:

Administrator means the

Administrator of the United States

40662 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Notices

Environmental Protection Agency, or an

authorized representative. ≤

Applicable standards and limitations

means all State, interstate, and Federal

standards and limitations to which a

‘‘discharge’’ or a related activity is

subject to, including water quality

standards, standards of performance,

toxic effluent standards or prohibitions,

‘‘best management practices,’’ and

pretreatment standards under sections

301, 302, 303, 304, 306, 307, 308, 403,

and 405 of CWA.

Application means the EPA standard

national forms for applying for a permit,

including any additions, revisions or

modifications to the forms; or forms

approved by EPA for use in ‘‘approved

States,’’ including any approved

modifications or revisions.

Average means the arithmetic mean of

values taken at the frequency required

for each parameter over the specified

period. For total and/or fecal coliforms,

the average shall be the geometric mean.

Average monthly discharge limitation

means the highest allowable average of

‘‘daily discharges’’ over a calendar

month, calculated as the sum of all daily

discharges measured during a calendar

month divided by the number of daily

discharges measured during that month.

Average weekly discharge limitation

means the highest allowable average of

‘‘daily discharges’’ over a calendar

week, calculated as the sum of all daily

discharges measured during a calendar

week divided by the number of daily

discharges measured during that week.

Best Management Practices (BMPs)

means schedules of activities,

prohibitions of practices, maintenance

procedures, and other management

practices to prevent or reduce the

pollution of ‘‘waters of the United

States.’’ BMPs also include treatment

requirements, operating procedures, and

practices to control plant site runoff,

spillage or leaks, sludge or waste

disposal, or drainage from raw material

storage.

Best Professional Judgement (BPJ)

means a case-by-case determination of

Best Practicable Treatment (BPT), Best

Available Treatment (BAT) or other

appropriate standard based on an

evaluation of the available technology to

achieve a particular pollutant reduction.

Composite Sample—A sample

consisting of a minimum of eight grab

samples collected at equal intervals

during a 24-hour period (or lesser

period as specified in the section on

Monitoring and Reporting) and

combined proportional to flow, or a

sample continuously collected

proportionally to flow over that same

time period.

Continuous Discharge means a

‘‘discharge’’ which occurs without

interruption throughout the operating

hours of the facility except for

infrequent shutdowns for maintenance,

process changes, or similar activities.

CWA or ‘‘The Act’’ means the Clean

Water Act (formerly referred to as the

Federal Water Pollution Control Act or

Federal Water Pollution Control Act

Amendments of 1972) Public Law 92–

500, as amended by Public Law 95–217,

Public Law 95–576, Public Law 96–483

and Public Law 97–117; 33 U.S.C. 1251

et seq.

Daily Discharge means the discharge

of a pollutant measured during a

calendar day or any 24-hour period that

reasonably represents the calendar day

for purposes of sampling. For pollutants

with limitations expressed in units of

mass, the daily discharge is calculated

as the total mass of the pollutant

discharged over the day. For pollutants

with limitations expressed in other

units of measurements, the daily

discharge is calculated as the average

measurement of the pollutant over the

day.

Director means the person authorized

to sign NPDES permits by EPA and/or

the State.

Discharge Monitoring Report Form

(DMR) means the EPA standard national

form, including any subsequent

additions, revisions, or modifications,

for the reporting of self-monitoring

results by permittees. DMRs must be

used by ‘‘approved States’’ as well as by

EPA. EPA will supply DMRs to any

approved State upon request. The EPA

national forms may be modified to

substitute the State Agency name,

address, logo, and other similar

information, as appropriate, in place of

EPA’s.

Discharge of a pollutant means:

(a) Any addition of any ‘‘pollutant’’ or

combination of pollutants to ‘‘waters of

the United States’’ from any ‘‘point

source,’’ or

(b) Any addition of any pollutant or

combination of pollutants to the waters

of the ‘‘contiguous zone’’ or the ocean

from any point source other than a

vessel or other floating craft which is

being used as a means of transportation.

This definition includes additions of

pollutants into waters of the United

States from: surface runoff which is

collected or channeled by man;

discharges through pipes, sewers, or

other conveyances owned by a State,

municipality, or other person which do

not lead to a treatment works; and

discharges through pipes, sewers, or

other conveyances leading into privately

owned treatment works.

This term does not include an

addition of pollutants by any ‘‘indirect

discharger.’’

Effluent limitation means any

restriction imposed by the Director on

quantities, discharge rates, and

concentrations of ‘‘pollutants’’ which

are ‘‘discharged’’ from ‘‘point sources’’

into ‘‘waters of the United States,’’ the

waters of the ‘‘contiguous zone,’’ or the

ocean.

Effluent limitations guidelines means

a regulation published by the

Administrator under Section 304(b) of

CWA to adopt or revise ‘‘effluent

limitations.’’

EPA means the United States

‘‘Environmental Protection Agency.’’

Grab Sample—An individual sample

collected in a period of less than 15

minutes.

Hazardous Substance means any

substance designated under 40 CFR part

116 pursuant to section 311 of CWA.

Maximum daily discharge limitation

means the highest allowable ‘‘daily

discharge.’’

Municipality means a city, town,

borough, county, parish, district,

association, or other public body created

by of under State law and having

jurisdiction over disposal or sewage,

industrial wastes, or other wastes, or an

Indian tribe or an authorized Indian

tribe organization, or a designated and

approved management agency under

section 208 of CWA.

National Pollutant Discharge

Elimination System means the national

program for issuing, modifying,

revoking and reissuing, terminating,

monitoring and enforcing permits, and

imposing and enforcing pretreatment

requirements, under sections 307, 402,

318, and 405 of CWA. The term

includes an ‘‘approved program.’’

New discharger means any building,

structure, facility, or installation:

(a) From which there is or may be a

‘‘discharge of pollutants’’;

(b) That did not commence the

‘‘discharge of pollutants’’ at a particular

‘‘site’’ prior to August 13, 1979;

(c) Which is not a ‘‘new source’’; and

(d) Which has never received a finally

effective NPDES permit for discharges at

that ‘‘site’’.

This definition includes an ‘‘indirect

discharger’’ which commences

discharging into ‘‘waters of the United

States’’ after August 13, 1979. It also

includes any existing mobile point

source (other than an offshore or coastal

oil and gas exploratory drilling rig or a

coastal oil and gas developmental

drilling rig) such as a seafood processing

rig, seafood processing vessel, or

aggregate plant, that begins discharging

at a ‘‘site’’ for which it does not have a

Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Notices 40663

permit; and any offshore or coastal

mobile oil and gas exploratory drilling

rig or coastal mobile oil and gas

developmental drilling rig that

commences the discharge of pollutants

after August 13, 1979, at a ‘‘site’’ under

EPA’s permitting jurisdiction for which

it is not covered by an individual or

general permit and which is located in

an area determined by the Regional

Administrator in the issuance of a final

permit to be an area of biological

concern. In determining whether an area

is an area of biological concern, the

Regional Administrator shall consider

the factors specified in 40 CFR

125.122.(a)(1) through (10).

An offshore or coastal mobile

exploratory drilling rig or coastal mobile

developmental drilling rig will be

considered a ‘‘new discharger’’ only for

the duration of its discharge in an area

of biological concern.

New source means any building,

structure, facility, or installation from

which there is or may be a ‘‘discharge

of pollutants,’’ the construction of

which commenced:

(a) After promulgation of standards of

performance under section 306 of CWA

which are applicable to such.

(b) After proposal of standards of

performance in accordance with section

306 of CWA which are applicable to

such source, but only if the standards

are promulgated in accordance with

section 306 within 120 days of their

proposal.

NPDES means ‘‘National Pollutant

Discharge Elimination System.’’

Non-Contact Cooling Water is water

used to reduce temperature which does

not come in direct contact with any raw

material, intermediate product, a waste

product or finished product.

Owner or operator means the owner

or operator of any ‘‘facility or activity’’

subject to regulation under the NPDES

programs.

Permit means an authorization,

license, or equivalent control document

issued by EPA or an ‘‘approved State.’’

Person means an individual,

association, partnership, corporation,

municipality, State or Federal agency, or

an agent or employee thereof.

Point source means any discernible,

confined, and discrete conveyance,

including but not limited to any pipe,

ditch, channel, tunnel, conduit, well,

discrete fissure, container, rolling stock,

concentrated animal feeding operation,

vessel, or other floating craft, from

which pollutants are or may be

discharged. This term does not include

return flows from irrigated agriculture.

Pollutant means dredged spoil, solid

waste, incinerator residue, filter

backwash, sewage, garbage, sewage

sludge, munitions, chemical wastes,

biological materials, radioactive

materials (except those regulated under

the Atomic Energy Act of 1954, as

amended (42 U.S.C. 2011 et seq.)), heat,

wrecked or discarded equipment, rock,

sand, cellar dirt and industrial,

municipal, and agricultural waste

discharged into water. It does not mean:

(a) Sewage from vessels; or

(b) Water, gas, or other material which

is injected into a well to facilitate

production of oil or gas, or water

derived in association with oil and gas

production and disposed of in a well, if

the well used either to facilitate

production or for disposal purposes is

approved by authority of the State in

which the well is located, and if the

State determines that the injection or

disposal will not result in the

degradation of ground or surface water

resources.

Primary industry category means any

industry category listed in the NRDC

settlement agreement (Natural

Resources Defense Council et al. v.

Train, 8 E.R.C. 2120 (D.D.C. 1976),

modified 12 E.R.C. 1833 (D.D.C. 1979));

also listed in appendix A of 40 CFR part

122.

Process wastewater means any water

which, during manufacturing or

processing, comes into direct contact

with or results from the production or

use of any raw material, intermediate

product, finished product, byproduct, or

waste product.

Regional Administrator means the

Regional Administrator, EPA, Region I,

Boston, Massachusetts.

State means any of the 50 States, the

District of Columbia, Guam, the

Commonwealth of Puerto Rico, the

Virgin Islands, American Samoa, the

Trust Territory of the Pacific Islands.

Secondary Industry Category means

any industry category which is not a

‘‘primary industry category.’’

Toxic pollutant means any pollutant

listed as toxic in appendix D of 40 CFR

part 122, under section 307(a)(l) of

CWA.

Uncontaminated storm water is

precipitation to which no pollutants

have been added and has not come into

direct contact with any raw material,

intermediate product, waste product or

finished product.

Waters of the United States means:

(a) All waters which are currently

used, were used in the past, or may be

susceptible to use in interstate or foreign

commerce, including all waters which

are subject to the ebb and flow of the

tide;

(b) All interstate waters, including

interstate ‘‘wetlands.’’

(c) All other waters such as intrastate

lakes, rivers, streams (including

intermittent streams), mudflats,

sandflats, ‘‘wetlands,’’ sloughs, prairie

potholes, wet meadows, playa lakes, or

natural ponds the use, degradation, or

destruction of which would affect or

could affect interstate or foreign

commerce including any such waters:

(1) Which are or could be used by

interstate or foreign travelers for

recreational or other purposes;

(2) From which fish or shellfish are or

could be taken and sold in interstate or

foreign commerce; or

(3) Which are used or could be used

for industrial purposes by industries in

interstate commerce;

(d) All impoundments of waters

otherwise defined as waters of the

United States under this definition;

(e) Tributaries of waters identified in

paragraphs (a)–(d) of this definition;

(f) The territorial sea; and

(g) ‘‘Wetlands’’ adjacent to waters

(other than waters that are themselves

wetlands) identified in paragraphs (a)—

(f) of this definition.

Whole Effluent Toxicity (WET) means

the aggregate toxic effect of an effluent

measured directly by a toxicity test.

Wetlands means those areas that are

inundated or saturated by surface or

ground water at a frequency and

duration sufficient to support, and that

under normal circumstances do support,

a prevalence of vegetation typically

adapted for life in saturated soil

conditions. Wetlands generally include

swamps, marshes, bogs, and similar

areas.

2. Abbreviations when used in this

permit are defined below:

cu. M/day or M3/day—cubic meters per

day

mg/l—milligrams per liter

ug/l—micrograms per liter

lbs/day—pounds per day

kg/day—kilograms per day

Temp. °C—temperature in degrees

Centigrade

Temp. °F—temperature in degrees

Fahrenheit

Turb.—turbidity measured by the

Nephelometric Method (NTU)

pH—a measure of the hydrogen ion

concentration

CFS—cubic feet per second

MGD—million gallons per day

Oil & Grease—Freon extractable

material

ml/l—milliliter(s) per liter

Cl2—total residual chlorine

[FR Doc. 00–16631 Filed 6–29–00; 8:45 am]

BILLING CODE 6560–50–P