[Federal Register Volume 62, Number 220 (Friday, November 14, 1997)]
[Notices]
[Pages 61116-61125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29864]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5920-5]


Final NPDES General Permits for Discharges Resulting From 
Implementing Corrective Action Plans for Cleanup of Petroleum UST 
Systems in Texas (TXG830000), Louisiana (LAG830000), Oklahoma 
(OKG830000) and New Mexico (NMG830000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final issuance of NPDES general permits.

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SUMMARY: EPA Region 6 today issues National Pollutant Discharge 
Elimination System (NPDES) general permits authorizing discharges 
resulting from implementing Corrective Action Plans for the cleanup of 
Petroleum UST Systems in Texas, Louisiana, Oklahoma, New Mexico and the 
Pueblos of Santa Clara, San Juan, Pojoaque, Nambe and Picuris. A 
Petroleum UST System is an underground storage tank system that 
contains petroleum or a mixture of petroleum with de minimis quantities 
of other regulated substances. Such systems include those containing 
motor fuels, jet fuels, distillate fuel oils, residual fuel oils, 
lubricants, petroleum solvents and used oils. The permits place limits 
on benzene, Total BTEX and pH for all discharges, as well as limits on 
polynuclear aromatic hydrocarbons (PAH) for discharges from cleanups of 
Petroleum UST Systems other than gasoline, jet fuel and kerosene. 
Additional limits include those on lead and Total Petroleum 
Hydrocarbons in the Texas permit, lead and TOC in the Louisiana permit, 
Total Organic Carbon and Total Phenols in the Oklahoma permit, and 
lead, Chemical Oxygen Demand, No Visible Oil Sheen, as well as a 
biomonitoring requirement, in the New Mexico permit.

DATES: The limits and monitoring requirements in these permits shall 
become effective December 15, 1997.

FOR FURTHER INFORMATION CONTACT: Ms. Wilma Turner, EPA Region 6 1445 
Ross Avenue, Dallas Texas 75202-2733, telephone (214) 665-7516. Copies 
of the complete response to comments may be obtained from Ms. Turner. 
The general permits and response to comments may be found on the 
Internet at http://www.epa.gov/earth1r6/6wq/6wq.htm.

SUPPLEMENTARY INFORMATION: Regulated categories and entities 
include:

------------------------------------------------------------------------
                                                Examples of regulated   
                 Category                             entities          
------------------------------------------------------------------------
Industry..................................  Operators of facilities     
                                             discharging waste waters   
                                             resulting from the cleanup 
                                             of underground storage tank
                                             systems that contain       
                                             petroleum substances, such 
                                             as motor fuels, jet fuels  
                                             and fuel oils.             
------------------------------------------------------------------------

This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your (facility, company, business, organization, etc.) is regulated by 
this action, you should carefully examine the applicability criteria in 
Part I,

[[Page 61117]]

Section A.1 of these permits. If you have questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
    Pursuant to section 402 of the Clean Water Act (CWA), 33 U.S.C. 
section 1342, EPA proposed and solicited public comment on NPDES 
General Permits TXG830000, LAG830000, OKG830000 and NMG830000 at 61 FR 
37894 (July 22, 1996). The comment period closed on September 20, 1996. 
Region 6 received written comments from Texas Natural Resources 
Conservation Commission, Louisiana Department of Environmental Quality, 
Oklahoma Department of Environmental Quality, Louisiana Mid-Continent 
Oil and Gas Association, Texas Mid-Continent Oil and Gas Association, 
American Petroleum Institute and Amoco Corporation.
    EPA Region 6 has considered all comments received. In response to 
the comments, minor changes were made in the Texas and Louisiana 
permits and some monitoring frequency changes were made in the Oklahoma 
permit. Several changes were made to the permits for the Santa Clara 
and Pojoaque Pueblos as a result of conditional certifications received 
from these Pueblos. The Colorado River Salinity Standards requirements 
were removed from the Santa Clara and Pojoaque Pueblo permits. In 
addition, the COD limit was removed and a Total Phenols limit was added 
to the Santa Clara Pueblo permit.
    Most of the commentors requested increasing the benzene and BTEX 
limits to those contained in current state-issued permits. Louisiana 
Department of Environmental Quality (LDEQ) commented that the overall 
influent and effluent averages for benzene and BTEX from LDEQ data were 
higher than the assumptions and the limits in the proposed permits. At 
EPA's request, they submitted these data to the Region. EPA declines to 
increase the BAT limits from those that were proposed. The 
administrative record supports the BAT limits for benzene and BTEX as 
proposed, as does the large body of data submitted by LDEQ. An 
examination of the nearly 2000 LDEQ data points each for both benzene 
and BTEX showed the proposed permit limits could be met the vast 
majority of the time. When the proposed limits were not being met, they 
were generally very high levels and caused by treatment system 
malfunctions.

Other Legal Requirements

A. State Certification

    Under section 401(a)(1) of the Act, EPA may not issue an NPDES 
permit until the State in which the discharge will originate grants or 
waives certification to ensure compliance with appropriate requirements 
of the Act and State law. The Region has received certification from 
the Texas Natural Resources Conservation Commission for TXG830000, the 
Louisiana Department of Natural Resources for LAG830000 and the New 
Mexico Environment Department for NMG830000. In addition, certification 
was received by the Pueblo of San Juan, and certifications with 
conditions were received by the Pueblos of Santa Clara and Pojoaque. 
The conditions of these certifications and the changes made to the 
permit requirements applying to discharges at these Pueblos are 
discussed in the Supplemental Information section, above. Certification 
was waived by the Oklahoma Department of Environmental Quality for 
OKG830000 and by the Pueblos of Nambe and Picuris. Certification was 
denied by the Pueblos of Sandia and Isleta. As a result of these 
certification denials, the general permits will not cover discharges at 
the Pueblos of Sandia and Isleta.

B. Endangered Species Act

    The permit limits are sufficiently stringent to assure state water 
quality standards, both for aquatic life protection and human health 
protection, will be met. The effluent limitations established in these 
permits ensure protection of aquatic life and maintenance of the 
receiving water as an aquatic habitat. The Region finds that adoption 
of these permits is unlikely to adversely affect any threatened or 
endangered species or its critical habitat. EPA received written 
concurrence from the United States Fish and Wildlife Service.

C. Historic Preservation Act

    Facilities which adversely affect properties listed or eligible for 
listing in the National Register of Historical Places are not 
authorized to discharge under this permit.

D. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this action 
from the review requirements of Executive Order 12866.

E. Paperwork Reduction Act

    The information collection required by this permit has been 
approved by OMB under the provisions of the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq., in submission made for the NPDES permit program 
and assigned OMB control numbers 2040-0086 (NPDES permit application) 
and 2040-0004 (discharge monitoring reports).

F. Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq, requires that 
EPA prepare a regulatory flexibility analysis for regulations that have 
a significant impact on a substantial number of small entities. As 
discussed previously in the Fact Sheet for the proposed permits, 
compliance with the permit requirements will not result in a 
significant impact on dischargers, including small businesses, covered 
by these permits. This lack of significant impact is due, in part, to 
the State Reimbursement Fund's reimbursement to the discharger of all 
NPDES permit compliance costs, except for a small deductible amount. 
EPA Region 6 therefore certifies, pursuant to the provisions of 5 
U.S.C. 605(b), that the permits issued today will not have a 
significant impact on a substantial number of small entities.

Authorization To Discharge Under the National Pollutant Discharge 
Elimination System

    In compliance with the provisions of the Federal Water Pollution 
Control Act, as amended (33 U.S.C. 1251 et seq: the ``Act''), these 
permits authorize discharges to Waters of the United States resulting 
from the cleanup of Petroleum UST Systems (as defined in 40 CFR 280) in 
Texas, Louisiana, Oklahoma, New Mexico and the Pueblos of Santa Clara, 
San Juan, Pojoaque, Nambe and Picuris in New Mexico. These permits do 
not authorize such discharges in the Pueblos of Sandia and Isleta in 
New Mexico. The discharges are authorized in accordance with effluent 
limitations and other conditions set forth in Parts I and II of these 
permits.
    In order for discharges to be authorized by these permits, 
operators of facilities discharging waste waters resulting from the 
cleanup of Petroleum UST Systems must submit written notification to 
the Regional Administrator that they intend to be covered (See Part 
I.A.2). Unless otherwise notified in writing by the Regional 
Administrator after submission of the notification, operators 
requesting coverage are authorized to discharge under these general 
permits. Operators who fail to notify the Regional Administrator of 
intent to be covered

[[Page 61118]]

are not authorized to discharge under these general permits.
    Facilities which adversely affect properties listed or eligible for 
listing in the National Register of Historic Places are not authorized 
to discharge under these permits.
    These permits shall become effective at midnight, Standard Time on 
December 15, 1997.
    These permits and the authorization to discharge shall expire at 
midnight, Central Standard Time on December 16, 2002.

    Signed this 28th day of October, 1997.
Oscar Ramirez, Jr.,
Deputy Director, Water Quality Protection Division, EPA Region 6.

Part I. Requirements for NPDES Permits

Section A. Permit Applicability and Coverage Conditions

1. Discharges Covered
    Discharges covered by these permits are discharges to Waters of the 
United States resulting from implementing corrective action plans, as 
required by 40 CFR Part 280, for cleanup of ground water contaminated 
by releases from Petroleum UST Systems. A Petroleum UST System is 
defined in 40 CFR Part 280 as an underground storage tank system that 
contains petroleum or a mixture of petroleum with de minimis quantities 
of other regulated substances. Such systems include those containing 
motor fuels, jet fuels, distillate fuel oils, residual fuel oils, 
lubricants, petroleum solvents and used oils.
2. Notification Requirements
    Dischargers desiring coverage under these general permits must 
submit a Notice of Intent (NOI) which shall include the legal name and 
address of the operator, the location of the discharge (including the 
street address, if applicable, and county of the facility for which the 
notification is submitted), the name of the receiving water, and a 
description of the activity and the pollutant source (for example, 
gasoline, diesel, etc.). The NOI shall also include the application/
permit number if an application for an individual NPDES permit has 
previously been submitted for the facility of if an individual NPDES 
permit has been previously been issued to the facility. The NOI shall 
be submitted (1) for existing discharges, within 30 days of the 
effective date of these permits, (2) for new discharges, at least 
fourteen (14) days prior to commencement of discharge.
    All notifications of intent to be covered and any subsequent 
reports shall be sent to the following address: Customer Service Branch 
(6WQ-C), U.S. Environmental Protection Agency, Region 6, P.O. Box 
50625, Dallas, TX 75250.
    Upon receipt of the NOI, the facility will be notified of its 
specific facility identification number that must be used on all 
correspondence with the Agency.
3. Termination of Operations
    Where all discharges associated with activities authorized by this 
permit are eliminated, or where the operator of the discharge 
associated with activity at a facility changes, the operator of the 
facility must submit a Notice of Termination that is signed in 
accordance with Part II.D.11 of this permit. The Notice of Termination 
shall include the following information: legal name, mailing address 
and telephone number of the operator; the facility identification 
number assigned by the Agency; and the location of the discharge.

Section B

    1. Any operator authorized by these permits may request to be 
excluded from the coverage under these general permits by applying for 
an individual permit. The operator shall submit an application together 
with the reasons supporting the request to the Regional Administrator.
    2. When an individual NPDES permit is issued to an operator 
otherwise subject to these general permits, the applicability of the 
general permit to the permittee is automatically terminated on the 
effective date of the individual permit.

Section C. General Permit Limits

1. Permit Conditions Applicable to TXG830000

----------------------------------------------------------------------------------------------------------------
                  Flow                                   Daily avg                      Daily max  estimate     
----------------------------------------------------------------------------------------------------------------
Benzene.................................  5 ug/l (1)............................  5 ug/l (1)                    
Total BTEX..............................  100 ug/l (2)..........................  100 ug/l (2)                  
Total Petroleum Hydrocarbons............  15 mg/l (3)...........................  15 mg/l (3)                   
Total Lead..............................  250 ug/l..............................  250 ug/l                      
Polynuclear Aromatic Hydrocarbons.......  10 ug/l (4)...........................  10 ug/l (4)                   
pH 6.0-9.0 Std. Units                                                                                           
----------------------------------------------------------------------------------------------------------------

    Monitoring shall be 1/week using grab samples, except for 
Polynuclear Aromatic Hydrocarbons (PAH's). If compliance with the limit 
is demonstrated for at least 6 months, the minimum frequency shall be 
reduced to 2/month upon the permittee's submission of a certification 
of such compliance. If a subsequent non compliance occurs, the 
frequency shall revert to 1/week until another 6 month period of 
compliance occurs.
    PAH monitoring shall be 1/month using grab samples. If compliance 
with the limits is demonstrated for at least 6 months, the minimum 
frequency shall be reduced to once per 3 months upon the permittee's 
submission of a certification of such compliance. If a subsequent non 
compliance occurs, the frequency shall revert to 1/month.
    Flow shall be monitored 1/week.
    (1) For Discharge Monitoring Report calculations and reporting 
requirements for benzene, analytical test results less than 10 ug/l may 
be reported as zero.
    (2) BTEX shall be measured as the sum of benzene, toluene, 
ethylbenzene, and xylenes. EPA Method 8020 shall be used for the 
measurement of xylenes including ortho-, meta-, and para-xylenes.
    (3) Shall be measured using EPA Method 418.1.
    (4) The Daily Max limit and monitoring requirement for PAH's do not 
apply to discharges from the cleanup of Petroleum UST Systems 
containing only gasoline, jet fuel and/or kerosene. The Daily Max value 
of any of the following PAH's shall not exceed 10 ug/l: acenaphthene, 
acenaphthylene, anthracene, benzo(a)anthracene, benzo(b)fluoranthene, 
benzo(k)fluoranthene, benzo(ghi)perylene, benzo(a)pyrene, chrysene, 
dibenzo(a,h)anthracene, fluoranthene, fluorene, indeno(1,2,3,cd)pyrene, 
naphthalene, phenanthrene, pyrene.
2. Permit Conditions Applicable to LAG830000

[[Page 61119]]



----------------------------------------------------------------------------------------------------------------
                  Flow                                  Monthly avg                     Daily max  estimate     
----------------------------------------------------------------------------------------------------------------
Benzene.................................  5 ug/l (1)............................  5 ug/l (1)                    
Total BTEX..............................  100 ug/l (2)..........................  100 ug/l (2)                  
Total Lead..............................  50 ug/l...............................  50 ug/l                       
TOC.....................................  50 mg/l...............................  50 mg/l                       
Polynuclear Aromatic Hydrocarbons.......  10 ug/l (3)...........................  10 ug/l (3)                   
pH 6.0--9.0 Std. Units                                                                                          
----------------------------------------------------------------------------------------------------------------

    Monitoring shall be 1/week using grab samples, except for PAH's. 
After demonstrating permit limit compliance for 4 consecutive weeks, 
the frequency shall be reduced to 1/month upon the permittee's 
submission of a certification of such compliance. After a subsequent 
limit violation, the frequency reverts week until another 4 week 
compliance period is demonstrated. During the first 4 weeks of 
discharge, however, a limit violation increases frequency to daily 
until a sample demonstrates compliance, after which it will revert to 
1/week for the remainder of the initial 4 week discharge period.
    PAH monitoring shall be 1/month using grab samples with the 
requirements corresponding to those listed above applying except the 
frequency after 4 consecutive months of compliance is 1/quarter and a 
violation reverting the frequency to 1/month until 4 consecutive months 
of compliance are achieved.
    Flow shall be monitored 1/week.
    (1) For Discharge Monitoring Report calculations and reporting 
requirements for benzene, analytical test results less than 10 
<greek-m>g/l may be reported as zero.
    (2) BTEX shall be measured as the sum of benzene, toluene, 
ethylbenzene, and xylenes. EPA Method 8020 shall be used for the 
measurement of xylenes including ortho-, meta-, and para-xylenes.
    (3) The limits and monitoring requirements for PAH's do not apply 
to discharges from the cleanup of Petroleum UST Systems containing only 
gasoline, jet fuel and/or kerosene. The Daily Avg and Daily Max value 
of any of the following PAH's shall not exceed 10 <greek-m>g/l: 
acenaphthene, acenaphthylene, anthracene, benzo(a)anthracene, 
benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(ghi)perylene, 
benzo(a)pyrene, chrysene, dibenzo(a,h)anthracene, fluoranthene, 
fluorene, indeno(1,2,3,cd)pyrene, naphthalene, phenanthrene, pyrene.
3. Permit Conditions Applicable to OKG830000

----------------------------------------------------------------------------------------------------------------
                  Flow                                   Daily avg                      Daily max estimate      
----------------------------------------------------------------------------------------------------------------
Benzene.................................  5 <greek-m>g/l (1)....................  5 <greek-m>g/l (1)            
Total BTEX..............................  100 <greek-m>g/l (2)..................  100 <greek-m>g/l (2)          
Polynuclear Aromatic Hydrocarbons.......  10 <greek-m>g/l (3)...................  10 <greek-m>g/l (3)           
Total Phenols...........................  0.15 mg/l.............................  0.25 mg/l                     
Total Organic Carbon....................  75 mg/l...............................  95 mg/1                       
----------------------------------------------------------------------------------------------------------------

pH 6.5--9.0 Std. Units
    Monitoring shall be once per week using grab samples, except for 
PAH's. After demonstrating permit limit compliance for six consecutive 
months, the minimum frequency will be reduced to two per month upon the 
permittees submission of a certification of such compliance. If a 
subsequent violation occurs, the frequency shall revert to once per 
week.
    PAH's shall be monitored 1/month. Flow shall be monitored daily.
    (1) For Discharge Monitoring Report calculations and reporting 
requirements for benzene, analytical test results less than 10 ug/l may 
be reported as zero.
    (2) BTEX shall be measured as the sum of benzene, toluene, 
ethylbenzene, and xylenes. EPA Method 8020 shall be used for the 
measurement of xylenes including ortho-, meta-, and para-xylenes.
    (3) The limits and monitoring requirements for PAH's do not apply 
to discharges from the cleanup of Petroleum UST Systems containing only 
gasoline, jet fuel and/or kerosene. The Daily Avg and Daily Max value 
of any of the following PAH's shall not exceed 10 ug/l: acenaphthene, 
acenaphthylene, anthracene, benzo(a)anthracene, benzo(b)fluoranthene, 
benzo(k)fluoranthene, benzo(ghi)perylene, benzo(a)pyrene, chrysene, 
dibenzo(a,h)anthracene, fluoranthene, fluorene, indeno(1,2,3,cd)pyrene, 
naphthalene, phenanthrene, pyrene.
4. Permit Conditions Applicable to NMG830000 for the State of New 
Mexico and the Pueblos of Santa Clara, San Juan, Pojoaque, Nambe and 
Picuris
a. Permit Limits

----------------------------------------------------------------------------------------------------------------
                  Flow                                   Daily avg                      Daily max estimate      
----------------------------------------------------------------------------------------------------------------
Benzene.................................  5 ug/l  (1)...........................  5 ug/l  (1)                   
Total BTEX..............................  100 ug/l  (2).........................  100 ug/l  (2)                 
Polynuclear Aromatic Hydrocarbons.......  10 ug/l  (3)..........................  10 ug/l  (3)                  
pH 6.0-- 9.0 Std. Units                                                                                         
Chemical Oxygen Demand (COD)(4).........  125 mg/l..............................  125 mg/l                      
Total Lead..............................  50 ug/l...............................  50 ug/l                       
Total Phenols (5).......................  4.6 ug/l..............................  4.6 ug/l                      
No Visible Oil Sheen                                                                                            
----------------------------------------------------------------------------------------------------------------


[[Page 61120]]

    There shall be no discharge of floating solids or visible foam in 
other than trace amounts.
    All facilities located within the Colorado River System shall 
comply with the Colorado River Salinity Control Forum's policies for 
implementation of Colorado River Salinity Standards. Note: this 
requirement does not apply to discharges at the Pueblos of Santa Clara 
and San Juan.
    Monitoring shall be 1/week for Flow, Benzene, BTEX, pH, COD and 
Lead using grab samples. PAH's shall be monitored 1/month using grab 
samples. No Visible Oil Sheen shall be monitored 2/week using grab 
samples of the effluent collected in a wide mouth glass container of at 
least 500 ml capacity. The Oil Sheen observations must be reported and 
recorded.
    (1) For Discharge Monitoring Report calculations and reporting 
requirements for benzene, analytical test results less than 10 ug/l may 
be reported as zero.
    (2) BTEX shall be measured as the sum of benzene, toluene, 
ethylbenzene, and xylenes. EPA Method 8020 shall be used for the 
measurement of xylenes including ortho-, meta-, and para-xylenes.
    (3) The Daily Max limit and monitoring requirement for PAH's do not 
apply to discharges from the cleanup of Petroleum UST Systems 
containing only gasoline, jet fuel and/or kerosene. The Daily Max value 
of any of the following PAH's shall not exceed 10 ug/l: acenaphthene, 
acenaphthylene, anthracene, benzo(a)anthracene, benzo(b)fluoranthene, 
benzo(k)fluoranthene, benzo(ghi)perylene, benzo(a)pyrene, chrysene, 
dibenzo(a,h)anthracene, fluoranthene, fluorene, indeno(1,2,3,cd)pyrene, 
naphthalene, phenanthrene, pyrene.
    (4) The COD limit and monitoring requirement does not apply to 
Santa Clara Pueblo discharges.
    (5) The Total Phenols limits and monitoring requirements apply only 
to Santa Clara Pueblo discharges.
b. Whole Effluent Toxicity Testing (48-Hour Acute NOEC Freshwater)

----------------------------------------------------------------------------------------------------------------
 Whole effluent toxicity testing (48 hr.                                                                        
            static renewal \1\                         Frequency                             Type               
----------------------------------------------------------------------------------------------------------------
Pimephales promelas (Fathead minnow).....  1/Quarter........................  24-Hr. Composite.                 
----------------------------------------------------------------------------------------------------------------
\1\ The first biomonitoring test shall be conducted on the effluent prior to the initial discharge. If no       
  significant lethal effects are experienced in the first year of testing, the testing frequency will be reduced
  to once/year.                                                                                                 

(1) Scope and Methodology
    (a) The permittee shall test the effluent for toxicity in 
accordance with the provisions in this section.

Critical Dilution: 100% effluent.
Composite Sample Type: 24-hour composite.
Test Species/Methods: 40 CFR Part 136.

    Pimephales promelas (Fathead minnow) acute static renewal 48-hour 
definitive toxicity test using EPA/600/4-90/027F, or the latest update 
thereof. A minimum of five (5) replicates with eight (8) organisms per 
replicate must be used in the control and in each effluent dilution of 
this test.
    (b) The NOEC (No Observed Effect Concentration) is defined as the 
greatest effluent dilution which does not result in lethality that is 
statistically different from the control (0% effluent) at the 95% 
confidence level.
(2) Persistent Lethality
    The requirements of this subsection apply only when a toxicity test 
demonstrates significant lethal effects at the critical dilution. 
Significant lethal effects are herein defined as a statistically 
significant difference at the 95% confidence level between the survival 
of the appropriate test organism in a specified effluent dilution and 
the control (0% effluent).
    (a) The permittee shall conduct a total of two (2) additional tests 
for any species that demonstrates significant lethal effects at the 
critical dilution. The two additional tests shall be conducted monthly 
during the next two consecutive months. The permittee shall not 
substitute either of the two additional tests in lieu of routine 
toxicity testing. The full report shall be prepared for each test 
required by this section in accordance with procedures outlined in Item 
4 of this section.
    (b) If one or both of the two additional tests demonstrates 
significant lethal effects at the critical dilution, the permittee 
shall submit an application for an individual NPDES permit.
(3) Required Toxicity Testing Conditions
(a) Test Acceptance
    The permittee shall repeat a test, including the control and the 
critical dilution, if the procedures and quality assurance requirements 
defined in the test methods or in this permit are not satisfied, 
including the following additional criteria:
    i. Each toxicity test control (0% effluent) must have a survival 
equal to or greater than 90%.
    ii. The percent coefficient of variation between replicates shall 
be 40% or less in the control (0% effluent) for the Fathead minnow 
survival test.
    iii. The percent coefficient of variation between replicates shall 
be 40% or less in the critical dilution, unless significant lethal 
effects are exhibited for the Fathead minnow survival test.
    Test failure may not be construed or reported as invalid due to a 
coefficient of variation value of greater than 40%. A repeat test shall 
be conducted within the required reporting period of any test 
determined to be invalid.
(b) Statistical Interpretation
    For the Fathead minnow survival test, the statistical analyses used 
to determine if there is a statistically significant difference between 
the control and the critical dilution shall be in accordance with the 
methods for determining the No Observed Effect Concentration (NOEC) as 
described in EPA/600/4-90/027F or the most recent update thereof.
    If the conditions of Test Acceptability are met in Item 3.a above 
and the percent survival of the test organism is equal to or greater 
than 80% in the critical dilution concentration, the test shall be 
considered to be a passing test, and the permittee shall report an NOEC 
of not less than the critical dilution for the DMR reporting 
requirements found in Item 4 below.
(c) Dilution Water
    i. Dilution water used in the toxicity tests will be receiving 
water collected as close to the point of discharge as possible but 
unaffected by the discharge. The permittee shall substitute synthetic 
dilution water of similar pH, hardness, and alkalinity to the closest 
downstream perennial water for;
    (A) toxicity tests conducted on effluent discharges to receiving 
water classified as intermittent streams; and
    (B) toxicity tests conducted on effluent discharges where no 
receiving water is available due to zero flow conditions.
    ii. If the receiving water is unsatisfactory as a result of 
instream toxicity (fails to fulfill the test acceptance criteria of 
Item 3.a), the

[[Page 61121]]

permittee may substitute synthetic dilution water for the receiving 
water in all subsequent tests provided the unacceptable receiving water 
test met the following stipulations:
    (A) a synthetic dilution water control which fulfills the test 
acceptance requirements of Item 3.a was run concurrently with the 
receiving water control;
    (B) the test indicating receiving water toxicity has been carried 
out to completion (i.e., 48 hours);
    (C) the permittee includes all test results indicating receiving 
water toxicity with the full report and information required by Item 4 
below; and
    (D) the synthetic dilution water shall have a pH, hardness, and 
alkalinity similar to that of the receiving water or closest downstream 
perennial water not adversely affected by the discharge, provided the 
magnitude of these parameters will not cause toxicity in the synthetic 
dilution water.
(d) Samples and Composites
    i. The permittee shall collect two flow-weighted composite samples 
from the outfall(s) listed at Item 1.a above.
    ii. The permittee shall collect a second composite sample for use 
during the 24-hour renewal of each dilution concentration the for both 
tests. The permittee must collect the composite samples so that the 
maximum holding time for any effluent sample shall not exceed 36 hours. 
The permittee must have initiated the toxicity test within 36 hours 
after the collection of the last portion of the first composite sample. 
Samples shall be chilled to 4 degrees Centigrade during collection, 
shipping, and/or storage.
    iii. The permittee must collect the composite samples such that the 
effluent samples are representative of any periodic episode of 
chlorination, biocide usage or other potentially toxic substance 
discharged on an intermittent basis.
    iv. If the flow from the outfall(s) being tested ceases during the 
collection of effluent samples, the requirements for the minimum number 
of effluent samples, the minimum number of effluent portions and the 
sample holding time are waived during that sampling period. However, 
the permittee must collect an effluent composite sample volume during 
the period of discharge that is sufficient to complete the required 
toxicity tests with daily renewal of effluent. When possible, the 
effluent samples used for the toxicity tests shall be collected on 
separate days. The effluent composite sample collection duration and 
the static renewal protocol associated with the abbreviated sample 
collection must be documented in the full report required in Item 4 of 
this section.
    v. Multiple Outfalls: If the provisions of this section are 
applicable to multiple outfalls, the permittee shall combine the 
composite effluent samples in proportion to the average flow from the 
outfalls listed in Item 1.a above for the day the sample was collected. 
The permittee shall perform the toxicity test on the flow-weighted 
composite of the outfall samples.
(4) Reporting
    (a) The permittee shall prepare a full report of the results of all 
tests conducted pursuant to this Part in accordance with the Report 
Preparation Section of EPA/600/4-90/027F, for every valid or invalid 
toxicity test initiated, whether carried to completion or not. The 
permittee shall retain each full report pursuant to the provisions of 
PART II.C.3 of this permit. The permittee shall submit full reports 
only upon the specific request of the Agency.
    (b) A valid test for each species must be reported on the DMR 
during each reporting period specified in PART II.D.4 of this permit. 
Only ONE set of biomonitoring data is to be recorded on the DMR for 
each reporting period. The data submitted should reflect the LOWEST 
Survival results during the reporting period. All invalid tests, repeat 
tests (for invalid tests), and retests (for tests previously failed) 
performed during the reporting period must be attached to the DMR for 
EPA review.
    (c) The permittee shall report the following results of each valid 
toxicity test on the subsequent monthly DMR for that reporting period 
in accordance with PART II.D.4 of this permit. Submit retest 
information clearly marked as such with the following month's DMR. Only 
results of valid tests are to be reported on the DMR.

Pimephales promelas (Fathead minnow)

    i. If the No Observed Effect Concentration (NOEC) for survival is 
less than the critical dilution, enter a ``1''; otherwise, enter a 
``0'' for Parameter No. TEM6C.
    ii. Report the NOEC value for survival, Parameter No. TOM6C.

Part II. (Applicable to TXG830000, LAG830000, OKG830000 and NMG830000)

Section A. General Conditions

1. Introduction
    In accordance with the provisions of 40 CFR Part 122.41, et. seq., 
this permit incorporates by reference ALL conditions and requirements 
applicable to NPDES Permits set forth in the Clean Water Act, as 
amended, (hereinafter known as the ``Act'') as well as ALL applicable 
regulations.
2. Duty To Comply
    The permittee must comply with all conditions of this permit. Any 
permit noncompliance constitutes a violation of the Act and is grounds 
for enforcement action, for terminating coverage under this permit, or 
for requiring a permittee to apply for and obtain an individual NPDES 
permit.
3. Toxic Pollutants
    a. Notwithstanding Part II.A.4, if any toxic effluent standard or 
prohibition (including any schedule of compliance specified in such 
effluent standard or prohibition) is promulgated under Section 307(a) 
of the Act for a toxic pollutant which is present in the discharge and 
that standard or prohibition is more stringent than any limitation on 
the pollutant in this permit, this permit shall be modified or revoked 
and reissued to conform to the toxic effluent standard or prohibition.
    b. The permittee shall comply with effluent standards or 
prohibitions established under Section 307(a) of the Act for toxic 
pollutants within the time provided in the regulations that established 
those standards or prohibitions, even if the permit has not yet been 
modified to incorporate the requirement.
4. Permit Flexibility
    This permit may be modified, revoked and reissued, or terminated 
for cause in accordance with 40 CFR 122.62-64. The filing of a request 
for a permit modification, revocation and reissuance, or termination, 
or a notification of planned changes or anticipated noncompliance, does 
not stay any permit condition.
5. Property Rights
    This permit does not convey any property rights of any sort, or any 
exclusive privilege.
6. Duty To Provide Information
    The permittee shall furnish to the Director, within a reasonable 
time, any information which the Director may request to determine 
whether cause exists for modifying, revoking and reissuing, or 
terminating this permit, or to determine compliance with this permit. 
The permittee shall also furnish to the Director, upon request, copies 
of records required to be kept by this permit.

[[Page 61122]]

7. Criminal and Civil Liability
    Except as provided in permit conditions on ``Bypassing'' and 
``Upsets'', nothing in this permit shall be construed to relieve the 
permittee from civil or criminal penalties for noncompliance. Any false 
or materially misleading representation or concealment of information 
required to be reported by the provisions of the permit, the Act, or 
applicable regulations, which avoids or effectively defeats the 
regulatory purpose of the Permit may subject the Permittee to criminal 
enforcement pursuant to 18 U.S.C. Section 1001.
8. 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 Act.
9. State Laws
    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 established pursuant to any 
applicable State law, tribal law or regulation under authority 
preserved by Section 510 of the Act.
10. Severability
    The provisions of this permit are severable, and if any provision 
of this permit or the application of any provision of this permit to 
any circumstance is held invalid, the application of such provision to 
other circumstances, and the remainder of this permit, shall not be 
affected thereby.

B. Proper Operation and Maintenance

1. 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. The permittee is responsible for maintaining adequate 
safeguards to prevent the discharge of untreated or inadequately 
treated wastes during electrical power failure either by means of 
alternate power sources, standby generators or retention of 
inadequately treated effluent.
2. Duty To Mitigate
    The permittee shall take all reasonable steps to minimize or 
prevent any discharge in violation of this permit which has a 
reasonable likelihood of adversely affecting human health or the 
environment.
3. Proper Operation and Maintenance
    a. 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 permittee as efficiently 
as possible and in a manner which will minimize upsets and discharges 
of excessive pollutants and will achieve compliance with the conditions 
of this permit. Proper operation and maintenance also includes adequate 
laboratory controls and appropriate quality assurance procedures. This 
provision requires the operation of backup or auxiliary facilities or 
similar systems which are installed by a permittee only when the 
operation is necessary to achieve compliance with the conditions of 
this permit.
    b. The permittee shall provide an adequate operating staff which is 
duly qualified to carry out operation, maintenance and testing 
functions required to insure compliance with the conditions of this 
permit.
4. Bypass of Treatment Facilities
    a. 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 Parts II.B.4.b. and 4.c.
    b. 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, within 24 hours, 
submit notice of an unanticipated bypass as required in Part II.D.7.
    c. Prohibition of Bypass. (1) Bypass is prohibited, and the 
Director 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) The permittee submitted notices as required by Part II.B.4.b.
    (2) The Director may allow an anticipated bypass after considering 
its adverse effects, if the Director determines that it will meet the 
three conditions listed at Part II.B.4.c(1).
5. Upset Conditions
    a. 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 Part II.B.5.b. 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.
    b. 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 by Part 
II.D.7; and,
    (4) The permittee complied with any remedial measures required by 
Part II.B.2.
    c. Burden of Proof. In any enforcement proceeding, the permittee 
seeking to establish the occurrence of an upset has the burden of 
proof.
6. Removed Substances
    Unless otherwise authorized, solids, sewage sludges, filter 
backwash, or other pollutants removed in the course of treatment or 
waste water control shall be disposed of in a manner such as to prevent 
any pollutant from such materials from entering navigable waters.

C. Monitoring and Records

1. Inspection and Entry
    The permittee shall allow the Director, or an authorized 
representative, upon the presentation of credentials and other 
documents as may be required by the law to:
    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

[[Page 61123]]

be kept under the conditions of this permit;
    c. Inspect at reasonable times any facilities, equipment (including 
monitoring and control equipment), practices or operations regulated or 
required under this permit; and
    d. Sample or monitor at reasonable times, for the purpose of 
assuring permit compliance or as otherwise authorized by the Act, any 
substances or parameters at any location.
2. Representative Sampling
    Samples and measurements taken for the purpose of monitoring shall 
be representative of the monitored activity.
3. Retention of Records
    The permittee shall retain records of all monitoring information, 
including all calibration and maintenance records and all original 
strip chart recordings for continuous monitoring instrumentation, 
copies of all reports required by this permit, and records of all data 
used to complete the application for this permit, for a period of at 
least 3 years from the date of the sample, measurement, report, or 
application. This period may be extended by request of the Director at 
any time.
4. Record Contents
    Records of monitoring information shall include:
    a. The date, exact place, and time of sampling or measurements;
    b. The individual(s) who performed the sampling or measurements;
    c. The date(s) and time(s) analyses were performed;
    d. The individual(s) who performed the analyses;
    e. The analytical techniques or methods used; and
    f. The results of such analyses.
5. Monitoring Procedures
    a. Monitoring must be conducted according to test procedures 
approved under 40 CFR Part 136, unless other test procedures have been 
specified in this permit or approved by the Regional Administrator.
    b. The permittee shall calibrate and perform maintenance procedures 
on all monitoring and analytical instruments at intervals frequent 
enough to insure accuracy of measurements and shall maintain 
appropriate records of such activities.
    c. An adequate analytical quality control program, including the 
analyses of sufficient standards, spikes, and duplicate samples to 
insure the accuracy of all required analytical results shall be 
maintained by the permittee or designated commercial laboratory.

D. Reporting Requirements

1. Planned Changes
    The permittee shall give notice to the Director 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 Part 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 neither to 
effluent limitations in the permit, nor to notification requirements 
listed at Part II.D.10.a.
2. Anticipated Noncompliance
    The permittee shall give advance notice to the Director of any 
planned changes in the permitted facility or activity which may result 
in noncompliance with permit requirements.
3. Transfers
    Coverage under these permits is not transferable to any person 
except after notice to the Director.
4. Discharge Monitoring Reports and Other Reports
    Monitoring results obtained during the previous 12 months shall be 
summarized and reported to EPA and the appropriate State agency on the 
28th day of the month following the end of the twelve month period on 
Discharge Monitoring Report (DMR) Form EPA No. 3320-1 in accordance 
with the ``General Instructions'' provided on the form. The permittee 
shall submit the original DMR signed and certified as required by Part 
II.D.11 and all other reports required by Part II.D. to the EPA at the 
address below. Duplicate copies of DMR's and all other reports shall be 
submitted to the appropriate State agency(ies) at the following 
address(es):

EPA

Compliance Assurance and Enforcement Division, Water Enforcement Branch 
(6EN-W), U.S. Environmental Protection Agency, Region 6, P.O. Box 
50625, Dallas, TX 75250

New Mexico

Program Manager, Surface Water Quality Bureau, New Mexico Environment 
Department, 1190 Saint Francis Drive, Santa Fe, NM 87502

Oklahoma

Director, Oklahoma Department of Environmental Quality, 1000 NE 10th 
Street, Oklahoma City, OK 73117-1212

Louisiana

Assistant Secretary for Water, Water Pollution Control Division, 
Louisiana Department of Environmental Quality, P.O. Box 82215, Baton 
Rouge, LA 70884-2215

Pueblo of Santa Clara

Governor, Santa Clara Pueblo, P.O. Box 580, Espanola, NM 87532

Pueblo of Pojoaque

Manager, Environmental Department, Pueblo of Pojoaque, Route 11, Box 
208, Santa Fe, MN 87501

Pueblo of San Juan

Governor, San Juan Pueblo, P.O. Box 1099, San Juan Pueblo, MN 87566

Pueblo of Nambe

Governor, Pueblo of Nambe, Route 1, Box 117BB, Santa Fe, NM 87501

Pueblo of Picuris

Governor, Pueblo of Picuris, P.O. Box 127, Penasco, NM 87553
5. Additional Monitoring by the Permittee
    If the permittee monitors any pollutant more frequently than 
required by this permit, using test procedures approved under 40 CFR 
Part 136 or as specified in this permit, the results of this monitoring 
shall be included in the calculation and reporting of the data 
submitted in the Discharge Monitoring Report (DMR). Such increased 
monitoring frequency shall also be indicated on the DMR.
6. Averaging of Measurements
    Calculations for all limitations which require averaging of 
measurements shall utilize an arithmetic mean unless otherwise 
specified by the Director in the permit.
7. Twenty-Four Hour Reporting
    a. The permittee shall report any noncompliance which may endanger 
health or the environment. Any information shall be provided orally to 
the EPA Region 6 24-hour voice mail box telephone number 214-665-6593 
within 24 hours from the time the permittee becomes aware of the 
circumstances. A written submission shall be provided within 5 days of 
the time the permittee becomes aware of the circumstances. The report 
shall contain the following information:

[[Page 61124]]

    (1) A description of the noncompliance and its cause;
    (2) 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,
    (3) Steps being taken to reduce, eliminate, and prevent recurrence 
of the noncomplying discharge.
    b. The following shall be included as information which must be 
reported within 24 hours:
    (1) Any unanticipated bypass which exceeds any effluent limitation 
in the permit;
    (2) Any upset which exceeds any effluent limitation in the permit; 
and,
    (3) Violation of a maximum daily discharge limitation for any 
pollutants listed by the Director in Part II of the permit to be 
reported within 24 hours.
    c. The Director may waive the written report on a case-by-case 
basis if the oral report has been received within 24 hours.
    d. For discharges covered by LAG830000: Louisiana State regulations 
require notification of noncompliances which may endanger health or the 
environment to Louisiana Department of Environmental Quality within one 
hour of becoming aware of the circumstances of the violation.
8. Other Noncompliance
    The permittee shall report all instances of noncompliance not 
reported under Parts II.D.4 and D.7 and Part I.C at the time monitoring 
reports are submitted. The reports shall contain the information listed 
at Part II.D.7.
9. Other Information
    Where the permittee becomes aware that it failed to submit any 
relevant facts in a permit application, or submitted incorrect 
information in a permit application or in any report to the Director, 
it shall promptly submit such facts or information.
10. Changes in Discharges of Toxic Substances
    The permittee shall notify the Director as soon as it knows or has 
reason to believe:
    a. That any activity has occurred or will occur which would result 
in the discharge, on a routine or frequent basis, of any toxic 
pollutant listed at 40 CFR Part 122, Appendix D, Tables II and III 
(excluding Total Phenols) which is not limited in the permit, if that 
discharge will exceed the highest of the following ``notification 
levels'':
    (1) One hundred micrograms per liter (100 ug/L);
    (2) Two hundred micrograms per liter (200 ug/L) for acrolein and 
acrylonitrile; five hundred micrograms per liter (500 ug/L) for 2,4-
dinitro-phenol and for 2-methyl-4,6-dinitrophenol; and one milligram 
per liter (1 mg/L) for antimony;
    (3) Five (5) times the maximum concentration value reported for 
that pollutant in the permit application; or
    (4) The level established by the Director.
    b. That any activity has occurred or will occur which would result 
in any discharge, on a non routine or infrequent basis, of a toxic 
pollutant which is not limited in the permit, if that discharge will 
exceed the highest of the following ``notification levels'':
    (1) Five hundred micrograms per liter (500 ug/L);
    (2) One milligram per liter (1 mg/L) for antimony;
    (3) Ten (10) times the maximum concentration value reported for 
that pollutant in the permit application; or
    (4) The level established by the Director.
11. Signatory Requirements
    All applications, reports, or information submitted to the Director 
shall be signed and certified.
    a. ALL PERMIT APPLICATIONS shall be signed as follows:
    (1) by a responsible corporate officer. For the purpose of this 
section, a responsible corporate officer means:
    (a) A president, secretary, treasurer, or vice-president of the 
corporation in charge of a principal business function, or any other 
person who performs similar policy or decision making functions for the 
corporation; or,
    (b) FOR A CORPORATION--The manager of one or more manufacturing, 
production, or operating facilities employing more than 250 persons or 
having gross annual sales or expenditures exceeding $25 million (in 
second-quarter 1980 dollars), if authority to sign documents has been 
assigned or delegated to the manager in accordance with corporate 
procedures.
    (2) FOR A PARTNERSHIP OR SOLE PROPRIETORSHIP--by a general partner 
or the proprietor, respectively.
    b. ALL REPORTS required by the permit and other information 
requested by the Director shall be signed by a person described above 
or by a duly authorized representative of that person. A person is a 
duly authorized representative only if:
    (1) The authorization is made in writing by a person described 
above;
    (2) The authorization specifies either an individual or a position 
having responsibility for the overall operation of the regulated 
facility or activity, such as the position of plant manager, operator 
of a well or a well field, superintendent, or position of equivalent 
responsibility, or an individual or position having overall 
responsibility for environmental matters for the company. A duly 
authorized representative may thus be either a named individual or an 
individual occupying a named position; and,
    (3) The written authorization is submitted to the Director.
    c. Certification. Any person signing a document under this section 
shall make the following certification:
    ``I certify under penalty of law that this document and all 
attachments were prepared under my direction or supervision in 
accordance with a system designed to assure that qualified personnel 
properly gather and evaluate the information submitted. Based on my 
inquiry of the person or persons who manage the system, or those 
persons directly responsible for gathering the information, the 
information submitted is, to the best of my knowledge and belief, true, 
accurate, and complete. I am aware that there are significant penalties 
for submitting false information, including the possibility of fine and 
imprisonment for knowing violations.''
12. Availability of Reports
    Except for applications, effluent data, permits, and other data 
specified in 40 CFR 122.7, any information submitted pursuant to this 
permit may be claimed as confidential by the submitter. If no claim is 
made at the time of submission, information may be made available to 
the public without further notice.

E. Penalties for Violations of Permit Conditions

1. Criminal
    a. Negligent Violations. The Act provides that any person who 
negligently violates permit conditions implementing Section 301, 302, 
306, 307, 308, 318, or 405 of the Act 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 1 year, or both.
    b. Knowing Violations. The Act provides that any person who 
knowingly violates permit conditions implementing Sections 301, 302, 
306, 307, 308, 318, or 405 of the Act 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.
    c. Knowing Endangerment. The Act provides that any person who 
knowingly violates permit conditions implementing Sections 301, 302, 
303, 306, 307, 308, 318, or 405 of the Act and

[[Page 61125]]

who knows at that time that he is placing another person in imminent 
danger of death or serious bodily injury is subject to a fine of not 
more than $250,000, or by imprisonment for not more than 15 years, or 
both.
    d. False Statements. The Act provides that any person who knowingly 
makes any false material statement, representation, or certification in 
any application, record, report, plan, or other document filed or 
required to be maintained under the Act or who knowingly falsifies, 
tampers with, or renders inaccurate, any monitoring device or method 
required to be maintained under the Act, shall upon conviction, be 
punished by a fine of not more than $10,000, or by imprisonment for not 
more than 2 years, or by both. If a conviction of a person is for a 
violation committed after a first conviction of such person under this 
paragraph, punishment shall be by a fine of not more than $20,000 per 
day of violation, or by imprisonment of not more than 4 years, or by 
both. (See Section 309.c.4 of the Clean Water Act)
2. Civil Penalties
    The Act provides that any person who violates a permit condition 
implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act 
is subject to a civil penalty not to exceed $25,000 per day for each 
violation.
3. Administrative Penalties
    The Act provides that any person who violates a permit condition 
implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act 
is subject to an administrative penalty, as follows:
    a. Class I Penalty. Not to exceed $10,000 per violation nor shall 
the maximum amount exceed $25,000.
    b. Class II Penalty. Not to exceed $10,000 per day for each day 
during which the violation continues nor shall the maximum amount 
exceed $125,000.

F. Definitions

    All definitions contained in Section 502 of the Act shall apply to 
this permit and are incorporated herein by reference. Unless otherwise 
specified in this permit, additional definitions of words or phrases 
used in this permit are as follows:
    1. Act means the Clean Water Act (33 U.S.C. 1251 et. seq.), as 
amended.
    2. Administrator means the Administrator of the U.S. Environmental 
Protection Agency.
    3. Applicable Effluent Standards and Limitations means all state 
and Federal effluent standards and limitations to which a discharge is 
subject under the Act, including, but not limited to, effluent 
limitations, standards or performance, toxic effluent standards and 
prohibitions, and pretreatment standards.
    4. Applicable Water Quality Standards means all water quality 
standards to which a discharge is subject under the Act.
    5. Bypass means the intentional diversion of waste streams from any 
portion of a treatment facility.
    6. 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 terms of mass, the ``daily discharge'' is 
calculated as the total mass of the pollutant discharged over the 
sampling day. For pollutants with limitations expressed in other units 
of measurement, the ``daily discharge'' is calculated as the average 
measurement of the pollutant over the sampling day. ``Daily discharge'' 
determination of concentration made using a composite sample shall be 
the concentration of the composite sample. When grab samples are used, 
the ``daily discharge'' determination of concentration shall be 
arithmetic average (weighted by flow value) of all samples collected 
during that sampling day.
    7. Daily Average (also known as MONTHLY AVERAGE) discharge 
limitations means the highest allowable average of ``daily 
discharge(s)'' over a calendar month, calculated as the sum of all 
``daily discharge(s)'' measured during a calendar month divided by the 
number of ``daily discharge(s)'' measured during that month. When the 
permit establishes daily average concentration effluent limitations or 
conditions, the daily average concentration means the arithmetic 
average (weighted by flow) of all ``daily discharge(s)'' of 
concentration determined during the calendar month where C = daily 
concentration, F = daily flow and n = number of daily samples; daily 
average discharge =

[GRAPHIC] [TIFF OMITTED] TN14NO97.000

    8. Daily Maximum discharge limitation means the highest allowable 
``daily discharge'' during the calendar month.
    9. Director means the U.S. Environmental Protection Agency Regional 
Administrator or an authorized representative.
    10. Environmental Protection Agency means the U.S. Environmental 
Protection Agency.
    11. Grab Sample means an individual sample collected in less than 
15 minutes.
    12. 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, 318, 402, and 
405 of the Act.
    13. 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.
    14. 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.
    15. The term ``MGD'' shall mean million gallons per day.
    16. The term ``mg/L'' shall mean milligrams per liter or parts per 
million (ppm).
    17. The term ``<greek-m>g/L'' shall mean micrograms per liter or 
parts per billion (ppb).

[FR Doc. 97-29864 Filed 11-13-97; 8:45 am]
BILLING CODE 6560-50-P