61116 Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices

proposed de minimis settlement at a

60% premium level.

It is so agreed:

Dated: November 5, 1997.

Carol Rushin,

Assistant Regional Administrator, Office of

Enforcement, Compliance and Environmental

Justice, U.S. Environmental Protection

Agency, Region VIII.

[FR Doc. 97–30031 Filed 11–13–97; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5920–2]

Proposed Administrative Order on

Consent With Compromise of CERCLA

Response and Oversight Costs

AGENCY: U.S. Environmental Protection

Agency (USEPA).

ACTION: Proposed AOC.

SUMMARY: U.S. EPA is proposing to sign

and issue an Administrative Order on

Consent (AOC) under Section 106 of

CERCLA for a removal action at the

Lake (Petro) Station Superfund Site.

Respondents have agreed to perform a

full clean up, in return for USEPA

waiving response and oversight costs of

approximately $20,000. U.S. EPA Today

is proposing to sign and issue this AOC

because it achieves a necessary removal

action at a Site where there was

problematic historical evidence of

liability.

DATES: Comments on this proposed

settlement must be received by

December 15, 1997.

ADDRESSES: Copies of the proposed

settlement are available at the following

address for review: (It is recommended

that you telephone Ms. Noemi Emeric at

(312) 886–0995 before visiting the

Region V Office). Ms. Noemi Emeric,

OPA (P19–J), U.S. Environmental

Protection Agency, Region V, Office of

Superfund, Removal and Enforcement

Response Branch, 77 W. Jackson Blvd.,

Chicago, Illinois 60604.

Comments on this proposed

settlement should be addressed to:

(Please submit an original and three

copies, if possible) Ms. Noemi Emeric,

Community Relations Coordinator,

Office of Public Affairs, U.S.

Environmental Protection Agency,

Region V, 77 W. Jackson Boulevard (P–

19J), Chicago, Illinois 60604, (312) 886–

0995.

FOR FURTHER INFORMATION CONTACT: Ms.

Noemi Emeric, Office of Public Affairs,

at (312) 886–0995.

SUPPLEMENTARY INFORMATION: The Lake

(Petro) Station Truck Stop Superfund

Site is a 44 acre Truck Stop facility

consisting of several buildings and

parking lots. The Site is bordered

immediately to the north by a creek and

a truck stop, to the south by Interstate

Highway 94, to the east by an interstate

highway exchange, and to the west by

Ripley Street. On July 18, 1996, several

drums were discovered in the rear of the

property by Mr. Jack Danskins, Regional

Manager of Welsh Oil, Inc. He observed

seven 55-gallon drums, six 30-gallon

drums, and sixteen 5-gallon containers.

There was spilled material from one of

the 5-gallon containers which covered

an approximate two-square-foot area.

Welsh Oil, Inc., contracted OSI

Environmental, Inc., for assistance

(stabilization of the materials). After

U.S. EPA and the Indian a Department

of Environmental Management (IDEM)

were contacted, and had sampled and

assessed the situation, U.S. EPA

contacted the named Respondent parties

(due to some of the containers bearing

their companies names) and negotiated

an Administrative Order on Consent for

the remainder of the removal action.

A 30-day period, beginning on the

date of publication, is open pursuant to

42 U.S.C. section 122(i) of CERCLA for

comments on the proposed settlement.

Comments should be sent to Ms.

Noemi Emeric of the Office of Public

Affairs (P–19J), U.S. Environmental

Protection Agency, Region V, 77 W.

Jackson Boulevard, Chicago, Illinois

60604.

Thomas Turner,

Assistant Regional Counsel, United States

Environmental Protection Agency.

[FR Doc. 97–30015 Filed 11–13–97; 8:45 am]

BILLING CODE 6560–50–M

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.

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:

Category Examples of regulated 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,
Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices 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 MidContinent 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 stateissued 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
61118 Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices

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 paraxylenes.

(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
Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices 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 μg/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 paraxylenes.

(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 μg/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 μg/l (1) ................... 5 μg/l (1)

Total BTEX .................................................................................................................................................. 100 μg/l (2) ............... 100 μg/l (2)

Polynuclear Aromatic Hydrocarbons .......................................................................................................... 10 μg/l (3) ................. 10 μg/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 paraxylenes.

(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
61120 Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices

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 paraxylenes.

(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.

1The 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
Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices 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.
61122 Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices

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
Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices 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:
61124 Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices

(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
Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices 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 =

C F C F C F

F F F

n n

n

1 1 2 2

1 2

+ + ⋅⋅⋅ +

+ + ⋅⋅⋅ +

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 ‘‘μg/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

FEDERAL MARITIME COMMISSION

Notice of Agreement(s) Filed

The Commission hereby gives notice

of the filing of the following

agreement(s) under the Shipping Act of

1984.

Interested parties can review or obtain

copies of agreements at the Washington,

DC office of the Commission, 800 North

Capitol Street, N.W., Room 962.

Interested parties may submit comments

on an agreement to the Secretary

Federal Maritime Commission,

Washington, DC 20573, within 10 days

of the date this notice appears in the

Federal Register.

Agreement No.: 202–010776–105.

Title: Asia North America Rate

Agreement (‘‘ANERA’’)

Parties:

American President Lines, Ltd.