[Federal Register Volume 65, Number 221 (Wednesday, November 15, 2000)]
[Notices]
[Pages 69000-69013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29225]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6902-2]


Final NPDES General Permits for Water Treatment Facility 
Discharges in the States of Massachusetts and New Hampshire

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Final NPDES General Permits--MAG640000 and NHG640000.

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SUMMARY: The Director of the Office of Ecosystem Protection, EPA-New 
England, is issuing Notice of Final National Pollutant Discharge 
Elimination System (NPDES) general permits for water treatment facility 
discharges to certain waters of the States of Massachusetts and New 
Hampshire for the purpose of reissuing the current permit which expired 
on January 9, 2000. These general NPDES permits establish notice of 
intent (NOI) requirements, effluent limitations,

[[Page 69001]]

standards, prohibitions and management practices for the water 
treatment facility discharges. Owners and/or operators of facilities 
discharging effluent from water treatment facilities including those 
currently authorized to discharge under the expired general permit will 
be required to submit to EPA-New England, a notice of intent to be 
covered by the appropriate general permit and will receive a written 
notification from EPA of permit coverage and authorization to discharge 
under one of the general permits. The eligibility requirements are 
discussed in detail under section D.2.b and the reader is strongly 
urged to go to that section before reading further. This general permit 
does not cover new sources as defined under 40 CFR 122.2.

DATES: The general permit shall be effective on the date specified in 
the final general permit published in the Federal Register and will 
expire five years from the final publication date of the Federal 
Register.

ADDRESSES: Notices of intent to be authorized to discharge under these 
permits should be sent to: Environmental Protection Agency, Office of 
Ecosystem Protection (CPE), 1 Congress Street, Suite 1100, Boston, 
Massachusetts 02114-2023.
    The submittal of other information required under these permits or 
individual permit applications should also be sent to the above 
address.

FOR FURTHER INFORMATION CONTACT: Additional information concerning the 
final permit may be obtained between the hours of 9 a.m. and 5 p.m. 
Monday through Friday excluding holidays from: Suprokash Sarker, Office 
of Ecosystem Protection, Environmental Protection Agency, 1 Congress 
Street, Suite 1100, Boston, MA 02114-2023, telephone: 617-918-1693.

SUPPLEMENTARY INFORMATION:

Table of Contents

Changes From Previous Permit

Fact Sheet and Supplemental Information

I. Introduction
II. Coverage of General Permits
III. Exclusions
IV. Permit Basis and Other Conditions of the General NPDES Permit
    A. Types of Discharge
    B. Effluent Limitations
    C. Antidegradation Provisions
    D. Monitoring and Reporting Requirements
    E. Endangered Species
    F. Standard Permit Condition
    G. State (401) Certification
    H. The Coastal Zone Management Act
    I. Environmental Impact Statement Requirements
    J. National Historic Preservation Act of 1996
    K. Essential Fish Habitat
V. Other Legal Requirements
    A. Executive Order 12866
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
Part I--Draft Permits
    A. Massachusetts General Permit
    B. New Hampshire General Permit
    C. Common Elements For All Permits
    1. Conditions of the General Permits
    a. Geographic Area
    b. Notification by Permittees
    2. Administrative Aspects
    a. Request to be Covered
    b. Eligibility to Apply
    c. Continuation of General Permit After Expiration
    D. Monitoring and Reporting
    E. Additional General Permit Conditions
    F. Summary of Responses to Public Comments
Part II--Standard Conditions

Changes From the Previous Permit

    <bullet> General Permits for each of the states of MA and NH are 
presented separately.
    <bullet> State of NH--limits of pH flexibility is added.
    <bullet> All States--commingling of effluent from water treatment 
facility is allowed so long as the effluent can be monitored before it 
mixes with other streams of wastewater.
    <bullet> Notification by Permittees, Geographic Area and 
Administrative Aspects (request to be covered and eligibility to apply) 
are transferred from Fact Sheet and Supplemental Information to part I, 
Permit section I.C.

Fact Sheet and Supplemental Information

I. Introduction

    The Director of the Office of Ecosystem Protection, EPA-New 
England, is issuing final general permits for water treatment facility 
discharges to certain waters of the States of Massachusetts and New 
Hampshire. This document contains part I of the final general NPDES 
permits and part II, Standard Conditions.

II. Coverage of General Permits

    Section 301(a) of the Clean Water Act (the Act) provides that the 
discharge of pollutants is unlawful except in accordance with a 
National Pollutant Discharge Elimination System (NPDES) permit unless 
such a discharge is otherwise authorized by the Act. Although such 
permits are generally issued to individual discharges, EPA's 
regulations authorize the issuance of ``general permits'' to categories 
of discharges (see 40 CFR 122.28). EPA may issue a single, general 
permit to a category of point sources located within the same 
geographic area whose discharges warrant similar pollution control 
measures.
    A. The Director of an NPDES permit program is authorized to issue a 
general permit if there are a number of point sources operating in a 
geographic area that:
    1. Involve the same or substantially similar types of operations;
    2. Discharge the same types of wastes;
    3. Require the same effluent limitations or operating conditions;
    4. Require the same or similar monitoring requirements; and
    5. In the opinion of the Director, are more appropriately 
controlled under a general permit than under individual permits.
    B. The similarity of the discharges prompted EPA to issue the 
December 9, 1994 general permit. When reissued, this permit will enable 
facilities currently covered under the expired general permit to 
maintain compliance with the Act and will extend environmental and 
regulatory controls to new dischargers and avoid a backlog of 
individual permit applications. Violations of a condition of a general 
permit constitute a violation of the Clean Water Act and subjects the 
discharger to the penalties in section 309 of the Act.

III. Exclusions

    EPA has determined that this general permit will not be available 
to ``New Source'' dischargers as defined in 40 CFR 122.2 due to the 
site specific nature of the environmental review required by the 
National Environmental Policy Act of 1969 (NEPA), 33 U.S.C. 4321 et 
seq. for those facilities. ``New Sources'' must comply with New Source 
Performance Standards (NSPS) and are subject to the NEPA process in 40 
CFR 6.600. Consequently EPA has determined that it would be more 
appropriate to address ``New Sources'' through the individual permit 
process.
    EPA has determined that this general permit will not be available 
for discharge(s) into the impaired water on the Federal Clean Water Act 
303(d) list which are not attaining state water quality standards.
    Any owner or operator authorized by a general permit may request to 
be excluded from coverage of a general permit by applying for an 
individual permit. This request may be made by submitting a NPDES 
permit application together with reasons supporting the request. The 
Director may also require any person authorized by a general permit to 
apply for and obtain an individual permit. Any interested person may 
petition the Director to take this action. However, individual permits

[[Page 69002]]

will not be issued for sources covered by these general permits unless 
it can be clearly demonstrated that inclusion under the general permit 
is inappropriate. The Director may consider the issuance of individual 
permits when:
    A. The discharger is not in compliance with the terms and 
conditions of the general permit;
    B. A change has occurred in the availability of demonstrated 
technology or practices for the control or abatement of pollutants 
applicable to the point source;
    C. Effluent limitations guidelines are subsequently promulgated for 
the point sources covered by the general NPDES permit;
    D. A Water Quality Management plan or Total Maximum Daily Load 
(TMDL) containing requirements applicable to such point sources is 
approved;
    E. Circumstances have changed since the time of the request to be 
covered so that the discharger is no longer appropriately controlled 
under the general permit, or either a temporary or permanent reduction 
or elimination of the authorized discharge is necessary; or,
    F. The discharge(s) is a significant contributor of pollution or in 
violation of State Water Quality Standards for the receiving water.
    In accordance with 40 CFR 122.28(b)(3)(iv), the applicability of 
the general permit is automatically terminated on the effective date of 
the individual permit.

IV. Permit Basis and Other Conditions of the General NPDES Permit

A. Types of Discharge

    Under this general permit, owners and operators of potable water 
treatment plants in Massachusetts and New Hampshire may be granted 
authorization to discharge process generated wastewaters into waters of 
the respective states as follows:
    a. Treated presedimentation underflow;
    b. Treated underflow from the coagulation/settling processes using 
aluminium compounds or polymers as coagulants; and
    c. Treated filter backwash water from filters.
    This general permit shall apply specifically to operators that have 
a discharge from a point source such as a sludge settling lagoon or 
other device whereby comparable control of suspended solids is 
possible.

B. Effluent Limitations

1. Statutory Requirements
    Section 301(a) of the Clean Water Act (CWA or the Act), 33 U.S.C. 
1311(a), makes it unlawful to discharge pollutants to waters of the 
United States without a permit. Section 402 of the Act, 33 U.S.C. 1342, 
authorizes EPA to issue NPDES permits allowing discharges that will 
meet certain requirements, including CWA sections 301, 304, and 401 (33 
U.S.C. 1331, 1314, and 1341). Those statutory provisions state that 
NPDES permits must include effluent limitations requiring authorized 
discharges to: (1) Meet standards reflecting specified levels of 
technology-based treatment requirements; (2) comply with State Water 
Quality Standards; and (3) comply with other state requirements adopted 
under authority retained by states under CWA section 510, 33 U.S.C. 
1370.
    EPA is required to consider technology and water quality 
requirements when developing permit limits. 40 CFR part 125, subpart A 
sets the criteria and standards that EPA must use to determine which 
technology-based requirements, requirements under section 301(b) of the 
Act and/or requirements established on a case-by-case basis under 
section 402(a)(1) of the Act, should be included in the permit.
    The Clean Water Act requires that all discharges, at a minimum, 
must meet effluent limitations based on the technology-based treatment 
requirements for dischargers to control pollutants in their discharge. 
Section 301(b)(1)(A) of the Act requires the application of Best 
Practicable Control Technology Currently Available (BPT) with the 
statutory deadline for compliance being July 1, 1977, unless otherwise 
authorized by the Act. Section 301(b)(2) of the Act requires the 
application of Best Conventional Control Technology (BCT) for 
conventional pollutants, and Best Available Technology Economically 
Achievable (BAT) for non-conventional and toxic pollutants. The 
compliance deadline for BCT and BAT is as expeditiously as practicable 
but in no case later than three years after the date such limitations 
are promulgated and in no case later than March 31, 1989.
2. Technology-Based Effluent Limitations
    EPA has not promulgated National Effluent Guidelines for water 
treatment facility discharges. EPA also believes that the limits 
established to meet the Water Quality Standards discussed below are 
sufficient to satisfy BAT/BCT described in section 304(b) of the Act.
3. Water Quality Based Effluent Limitations
    Under section 301(b)(1)(C) of the Act, discharges are subject to 
effluent limitations based on water quality standards. Receiving stream 
requirements are established according to numerical and narrative 
standards adopted under state and/or federal law for each stream use 
classification. Section 401 of the CWA requires that EPA obtain State 
certification which ensures that all water quality standards and other 
appropriate requirements of state law will be satisfied. Regulations 
governing State certification are set forth in 40 CFR 124.53 and 
124.55.
    The States of Massachusetts and New Hampshire have narrative 
criteria in their water quality regulations. See Massachusetts 314 CMR 
4.05(5)(e) and New Hampshire Part Env-Ws 1703.21 that prohibits toxic 
discharges in toxic amounts. The permit does not allow for the addition 
of materials or chemicals in amounts which would produce a toxic effect 
to any aquatic life.
    Water quality standards applicable to water treatment facility 
discharges covered by this general permit include TSS and pH for all 
states. The limitations for TSS and pH are based upon limitations in 
the existing permit in accordance with the anti-backsliding 
requirements found in 40 CFR 122.44(1). A summary of the limits and 
testing requirements for each state is described below:
    Massachusetts and New Hampshire: Limits of monthly average and 
maximum daily TSS and pH. Testing requirements for Chlorine, Aluminum, 
LC50 and C-NOEC.
    The state of New Hampshire may consider a change in pH under 
certain conditions. The following language reveals when pH can be 
changed for the state of New Hampshire:
    The pH limits in the draft permit remain unchanged from the 
existing permit, however, language has been added to this draft permit 
allowing for a change in pH limit(s) under certain conditions as per 
State Permit Conditions (part I.B.2.a.). A change would be considered 
if the applicant can demonstrate to the satisfaction of NHDES-WD that 
the in-stream pH standard will be protected when the discharge is 
outside the permitted range, then the applicant or NHDES-WD may request 
(in writing) that the permit limits be modified by EPA to incorporate 
the results of the demonstration.
    Anticipating the situation where NHDES-WD grants a formal approval 
changing the pH limit(s) to outside the

[[Page 69003]]

6.5 to 8.0 Standard Units (S.U.), EPA has added a provision to this 
draft permit (see New Hampshire part I.B.1.g.). That provision will 
allow EPA to modify the pH limit(s) using a certified letter approach. 
This change will be allowed as long as it can be demonstrated that the 
revised pH limit range does not alter the naturally occurring receiving 
water pH. Reference part I.B.2.a. STATE PERMIT CONDITIONS in that 
permit. However, the pH limit range cannot be less restrictive than 
found in the applicable National Effluent Limitation Guideline for the 
facility or to a default range of 6.0 to 9.0 S.U. in the situation of 
no applicable guideline, whichever is more stringent.
    If the State approves results from a pH demonstration study, this 
permit's pH limit range can be relaxed in accordance with 40 CFR 
122.44(l)(2)(i)(B) because it will be based on new information not 
available at the time of this permit's issuance. This new information 
includes results from the pH demonstration study that justifies the 
application of a less stringent effluent limitation. EPA anticipates 
that the limit determined from the demonstration study as approved by 
the NHDES-WD will satisfy all effluent requirements for this discharge 
category and will comply with New Hampshire's Surface Water Quality 
Regulations amended on December 10, 1999.

C. Antidegradation Provisions

    The conditions of the permit reflect the goal of the CWA and EPA to 
achieve and maintain water quality standards. The environmental 
regulations pertaining to the State Antidegradation Policies which 
protect the State's surface waters from degradation of water quality 
are found in the following provisions: Massachusetts Water Quality 
Standards 314 CMR 4.04 Antidegradation Provisions; and New Hampshire 
RSA 485-A:8, VI Part Env-Ws 1708.
    This general permit does not apply to any new or increased 
discharge to any outstanding national resource water or the territorial 
seas. It also does not apply to any new or increased discharge to other 
waters unless the discharge is shown to be consistent with the state's 
antidegradation policies. This determination shall be made in 
accordance with the appropriate State Antidegradation implementation 
procedures. EPA will not authorize these discharges under the general 
permit until it receives a favorable antidegradation review and 
certification from the States.

D. Monitoring and Reporting Requirements

    Effluent limitations and monitoring requirements which are included 
in the general permit describe the requirements to be imposed on the 
facilities to be covered.
    Facilities covered by the final general permits will be required to 
submit to EPA, New England Region and the appropriate State authority, 
a Discharge Monitoring Report (DMR) containing effluent data. The 
frequency of reporting is determined in accordance with each State's 
provisions (see the individual State permits).
    The monitoring requirements have been established to yield data 
representative of the discharge under authority of section 308(a) of 
the Act and 40 CFR 122.41(j), 122.44(i) and 122.48, and as certified by 
the State.

E. Endangered Species

    The limits are sufficiently stringent to assure water quality 
standards, both for aquatic life protection and human health 
protection, will be met. The effluent limitations established in these 
permits ensure protection of aquatic life and maintenance of the 
receiving water as an aquatic habitat. The Region finds that adoption 
of the final permits is unlikely to adversely affect any threatened or 
endangered species or its critical habitat. EPA has consulted with the 
United States Fish and Wildlife Service and National Marine Fisheries 
Service on this determination and has received concurrences from them.

F. Standard Permit Condition

    40 CFR 122.41 and 122.42 must be complied with. Specific language 
will be provided to permittees in part II of the permit.

G. State (401) Certification

    Section 401 of the CWA provides that no Federal license or permit, 
including NPDES permits, to conduct any activity that may result in any 
discharge into navigable waters shall be granted until the State in 
which the discharge originates certifies that the discharge will comply 
with the applicable provisions of sections 301, 302, 303, 306, and 307 
of the CWA. The section 401 certification process is complete and EPA 
has received 401 certifications from all States. In addition, EPA and 
the Commonwealth of Massachusetts jointly issue the final permit.

H. The Coastal Zone Management Act

    The Coastal Zone Management Act (CZMA), 16 U.S.C. 1451 et seq., and 
its implementing regulations (15 CFR part 930) require that any 
federally licensed activity affecting the coastal zone with an approved 
Coastal Zone Management Program (CZMP) be determined to be consistent 
with the CZMP. In the case of general permits, EPA has the 
responsibility for making the consistency certification and submitting 
it to the state for concurrence. EPA has requested the Executive Office 
of Environmental Affairs, MACZM, 100 Cambridge Street, Boston, MA 
02202; and the Office of State Planning, New Hampshire Coastal Program, 
2\1/2\ Beacon Street, Concord, NH 03301, to provide a consistency 
concurrence that the proposed general permit is consistent with the MA 
and NH Coastal Zone Management Program respectively and EPA has 
received consistency concurrences from all states.

I. Environmental Impact Statement Requirements

    The general permits do not authorize discharges from any new 
sources as defined under 40 CFR 122.2. Therefore, the National 
Environmental Policy Act, 33 U.S.C. 4321 et seq., does not apply to the 
issuance of these general NPDES permits.

J. National Historic Preservation Act of 1966, 16 U.S.C. SS470 et seq.

    Facilities which adversely affect properties listed or eligible for 
listing in the National Registry of Historic Places under the National 
Historic Preservation Act of 1996, 16 U.S.C. SS470 et seq. are not 
authorized to discharge under this permit.

K. Essential Fish Habitat

    Under the 1996 Amendments (Public Law 104-267) to the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq. 
(1998)), EPA is required to consult with NMFS if EPA's action or 
proposed actions that it funds, permits or undertakes, ``may adversely 
impact any essential fish habitat.'' 16 U.S.C. 1855(b). The Amendments 
broadly define ``essential fish habitat'' (EFH) as ``waters and 
substrate necessary to fish for spawning, breeding, feeding or growth 
to maturity.'' 16 U.S.C. 1802(10). Adverse impact means any impact 
which reduces the quality and/or quantity of EFH 50 CFR 600.910(a). 
Adverse effects may include direct (e.g., contamination or physical 
disruption), indirect (e.g., loss of prey, reduction in species' 
fecundity), site-specific or habitat-wide impacts, including 
individual, cumulative or synergistic consequences of actions.
    Essential Fish Habitat is only designated for fish species for 
which federal Fisheries Management Plans

[[Page 69004]]

exist. 16 U.S.C. 1855(b)(1)(A). EFH designations for New England were 
approved by the U.S. Department of Commerce on March 3, 1999.
    The limits for this general permit are sufficiently stringent to 
assure that state water quality standards will be met. The effluent 
limitations established in these permits ensure protection of aquatic 
life and maintenance of the receiving water as an aquatic habitat. The 
Region finds that adoption of the proposed permits is unlikely to 
adversely affect any fish or shellfish currently listed with a 
Fisheries Management Plan or its critical habitat. EPA sought written 
concurrence from the National Marine Fisheries Service on this 
determination and incorporated their comments in section III ( 
Exclusions), 2nd paragraph of the Fact Sheet and part I.E.2.(8) of the 
permit.

V. Other Legal Requirements

A. Executive Order 12866

    EPA has determined that this general permit is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

B. Paperwork Reduction Act

    The information collection requirements of this permit were 
previously approved by the Office of Management and Budget under the 
provisions of the Paperwork Reduction Act. 44 U.S.C. 3501 et seq., and 
assigned OMB control number 2040-0086 (NPDES permit application) and 
2040-0004 (Discharge Monitoring Reports).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
requires that EPA prepare a regulatory flexibility analysis for rules 
subject to the requirements of 5 U.S.C. 553(b) that have a significant 
impact on a substantial number of small entities. The permit issued 
today, however, is not a ``rule'' subject to the requirements of 5 
U.S.C. 553(b) and is therefore not subject to the Regulatory 
Flexibility Act.

D. Unfunded Mandates Reform Act

    Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law 
104-4, generally requires Federal agencies to assess the effects of 
their ``regulatory actions'' (defined to be the same as ``rules'' 
subject to the RFA) on tribal, state and local governments and the 
private sector. The permit issued today, however, is not a ``rule'' 
subject to the RFA and is therefore not subject to the requirements of 
UMRA.

    Dated: November 3, 2000.
Mindy Lubber,
Regional Administrator, EPA, New England.

Part I--Draft General Permits Under the National Pollutant 
Discharge Elimination System (NPDES)

    Note: The following two draft general permits have been combined 
for purposes of this Federal Register. Part I A and Part I B contain 
general permits for the states of MA (including both Commonwealth 
and Indian Country Lands) and NH respectively. Part I.C. is common 
to all three permits.

A. Massachusetts General Permit

[Permit No. MAG640000]
    In compliance with the provisions of the Federal Clean Water Act, 
as amended, (33 U.S.C. 1251 et seq.; the ``CWA''), and the 
Massachusetts Clean Waters Act, as amended, (M.G.L. Chap. 21, sections 
26-53), operators of facilities located in Massachusetts, which 
discharge effluent from water treatment facilities to the classes of 
waters as designated in the Massachusetts Water Quality Standards, 314 
CMR 4.00 et seq., are authorized to discharge to all waters, unless 
otherwise restricted, in accordance with effluent limitations, 
monitoring requirements and other conditions set forth herein.
    The permit allows effluent from water facility discharges to be 
commingled with other discharges as long as the effluent from the water 
treatment facility can be monitored separately for compliance. This 
permit shall become effective when issued.
    This permit and the authorization to discharge expire at midnight, 
five years from the effective date of the Federal Register publication 
and supersedes the permit issued on December 9, 1994.
    The permit allows effluent from water facility discharges to be 
commingled with other discharges as long as the effluent from the water 
treatment facility can be monitored separately for compliance. This 
permit shall become effective when issued.
    This permit and the authorization to discharge expire at midnight, 
five years from the effective date of the Federal Register publication 
and supersedes the permit issued on December 9, 1994.

    Signed this 2nd day of November, 2000

Linda M. Murphy,
Director, Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, Boston, MA 02114

Glenn Haas,
Acting Assistant Commissioner, Bureau of Resource Protection, 
Massachusetts Department of Environmental Protection, Boston, MA.
Effluent Limitations and Monitoring Requirements
    1. During the period beginning on the effective date and lasting 
through expiration, the permittee is authorized to discharge effluent 
from its water treatment facility.
    a. Each outfall discharging effluent from its water treatment 
facility shall be limited and monitored as specified below. Monitoring 
for each outfall shall be reported.

----------------------------------------------------------------------------------------------------------------
                                   Discharges limitations  Other units           Monitoring requirements
                                                (specify)               ----------------------------------------
    Effluent characteristic     ----------------------------------------    measurement <SUP>1</SUP>
                                    Avg. monthly         Max. daily           frequency          Sample type
----------------------------------------------------------------------------------------------------------------
Flow, (mgd)....................  ..................  1.0...............  1/week............  Total daily.
TSS, (mg/l)....................  30................  50................  1/week............  4 grabs.
pH, (s.u.).....................  (see part I.B.1.e   ..................  1/week............  4 grabs.
                                  or f).
Total Residual Chlorine (mg/l)   Report............  Report............  1/week............  4 grabs.
 <SUP>2</SUP>.
Aluminum, Tot. Rec. (mg/l).....  ..................  Report............  1/month...........  4 grabs.
LC-50 and C-NOEC, (%) <SUP>3</SUP>........  (see part I.B.1.g)  ..................  ..................  24-hr. comp.
----------------------------------------------------------------------------------------------------------------
<SUP>1</SUP> Samples shall be taken only when discharging.
<SUP>2</SUP> Test and report only if chlorination is used in the process.
<SUP>3</SUP> LC-50 is the concentration of effluent in a sample that causes mortality to 50% of the test population at a
  specific time of observation. C-NOEC, No Observed Chronic Effect Concentration, is the highest concentration
  of effluent to which organisms are exposed in a life-cycle or partial life-cycle test which cause no adverse
  effect on growth, survival and reproduction.


[[Page 69005]]

    b. The discharge shall not cause a violation of the water quality 
standards.
    c. There shall be no discharge of floating solids or visible foam 
in other than trace amounts.
    d. Samples taken in compliance with the monitoring requirements 
specified above shall be taken at a location that provides a 
representative analysis of the effluent just prior to discharge to the 
receiving water or if the effluent is commingled with another 
discharge, prior to such commingling.
    e. The pH of the effluent for discharges to Class A and Class B 
waters shall be in the range of 6.5-8.3 standard units and not more 
than 0.5 units outside of the background range. There shall be no 
change from background conditions that would impair any uses assigned 
to the receiving water Class.
    f. The pH of the effluent for discharges to Class SA and Class SB 
waters shall be in the range of 6.5-8.5 standard units and not more 
than 0.2 units outside of the normally occurring range. There shall be 
no change from background conditions that would impair any uses 
assigned to the receiving water Class.
    g. Chronic (and modified acute) toxicity test(s) shall be performed 
on the water treatment facility discharge by the permittee upon request 
by EPA and/or MADEP. Testing shall be performed in accordance with EPA 
toxicity protocol to be provided at the time of the request. The test 
shall be performed on a 24-hour composite sample to be taken during 
normal facility operation. The results of the test (C-NOEC and 
LC<INF>50</INF>) shall be forwarded to State and EPA within 30 days 
after completion.
State Permit Conditions
    1. This Discharge Permit is issued jointly by the U.S. 
Environmental Protection Agency (EPA) and the Department of 
Environmental Protection under Federal and State law, respectively. As 
such, all the terms and conditions of this permit are hereby 
incorporated into and constitute a discharge permit issued by the 
Director of the Massachusetts Division of Watershed Management pursuant 
to M.G.L. Chap. 21, section 43.
    2. Each Agency shall have the independent right to enforce the 
terms and conditions of this Permit. Any modification, suspension or 
revocation of this Permit shall be effective only with respect to the 
Agency taking such action, and shall not affect the validity or status 
of this Permit as issued by the other Agency, unless and until each 
Agency has concurred in writing with such modification, suspension or 
revocation. In the event any portion of this Permit is declared, 
invalid, illegal or otherwise issued in violation of State law such 
permit shall remain in full force and effect under Federal law as an 
NPDES Permit issued by the U.S. Environmental Protection Agency. In the 
event this Permit is declared invalid, illegal or otherwise issued in 
violation of Federal law, this Permit shall remain in full force and 
effect under State law as a Permit issued by the Commonwealth of 
Massachusetts.

B. New Hampshire General Permit

[Permit No. NHG640000]

    In compliance with the provisions of the Federal Clean Water Act, 
as amended, (33 U.S.C. 1251 et seq.; the ``CWA''), operators of 
facilities discharging effluent from water treatment facility located 
in New Hampshire are authorized to discharge to all waters, unless 
otherwise restricted by State Water Quality Standards, New Hampshire 
RSA 485-A:8, in accordance with effluent limitations, monitoring 
requirements and other conditions set forth herein. The permit allows 
effluent from water treatment facility to be commingled with other 
discharges as long as the effluent from water treatment facility can be 
monitored separately for compliance.

This permit shall become effective when issued.

    This permit and the authorization to discharge expire at midnight, 
five years from the effective date of the Federal Register publication 
and supersedes the permit issued on December 9, 1994.

    Signed this 2nd day of November, 2000.

Linda M. Murphy,

Director, Office of Ecosystem Protection, Environmental Protection 
Agency, Boston, MA 02114.

Effluent Limitations and Monitoring Requirements
    1. During the period beginning on the effective date and lasting 
through expiration, the permittee is authorized to discharge effluent 
from its water treatment facility.
    a. Each outfall discharging effluent from water treatment 
facilities shall be limited and monitored as specified below. 
Monitoring for each outfall shall be reported.

----------------------------------------------------------------------------------------------------------------
                                   Discharges limitations  Other units           Monitoring requirements
                                                (specify)               ----------------------------------------
    Effluent characteristic     ----------------------------------------    Measurement <SUP>1</SUP>
                                    Avg. monthly         Max. daily           frequency          Sample type
----------------------------------------------------------------------------------------------------------------
Flow, (mgd)....................  ..................  1.0...............  1/week............  Total daily.
TSS, (mg/l)....................  30................  50................  1/week............  Grab.
pH, (s.u.) (see part I.C.1.e)..  For limits see      ..................  1/week............  Grab.
                                  part I.C.2.a.
Total Residual Chlorine, (mg/1)  Report............  Report............  1/week............  Grab.
 <SUP>2</SUP>.
Aluminum, Tot. Rec., (mg/1)....  ..................  Report............  1/month...........  Grab.
LC-50 and C-NOEC, (%) <SUP>3</SUP>........  see part I.C.1.f).  ..................  ..................  24-hour comp.
----------------------------------------------------------------------------------------------------------------
\1\ Samples shall be taken only when discharging.
\2\ Test and report only if chlorination is used in the process.
\3\ LC-50 is the concentration of effluent in a sample that causes mortality to 50% of the test population at a
  specific time of observation. C-NOEC, No Observed Chronic Effect Concentration, is the highest concentration
  of effluent to which organisms are exposed in a life-cycle or partial life-cycle test which cause no adverse
  effect on growth, survival and reproduction at a specific time of observation as determined from hypothesis
  testing where the test results (growth, survival and/or reproduction) exhibit a linear dose-response
  relationship. However, where the test results do not exhibit a linear dose-response relationship, report the
  lowest concentration where there is no observable effect.

    b. The discharge shall not cause a violation of the water quality 
standards of the receiving water.
    c. The discharge shall be adequately treated to insure that the 
surface water remains free from pollutants in concentrations or 
combinations that settle to form harmful deposits, float as foam, 
debris, scum or other visible pollutants. It shall be adequately 
treated to insure that the surface waters remain free from pollutants 
which odor, color, taste or turbidity in the receiving water which is 
not naturally occurring and would render it unsuitable for its 
designated uses.

[[Page 69006]]

    d. Samples taken in compliance with the monitoring requirements 
specified above shall be taken at a location that provides a 
representative analysis of the effluent just prior to discharge to the 
receiving water or, if the effluent is commingled with another 
permitted discharge, prior to such commingling.
    e. The permittee may submit a written request to the EPA requesting 
a change in the permitted pH limit range to be not less restrictive 
than any applicable federal effluent guideline for the facility or to a 
default range of 6.0 to 9.0 S.U. in the situation of no applicable 
guideline, whichever is more stringent. The permittee's written request 
must include the State's letter containing an original signature (no 
copies). The State's letter shall state that the permittee has 
demonstrated to the State's satisfaction that as long as discharges to 
the receiving water from a specific outfall are within a specific 
numeric pH range the naturally occurring receiving water pH will be 
unaltered. That letter must specify for each outfall the associated 
numeric pH limit range. Until written notice is received by certified 
mail from the EPA indicating the pH limit range has been changed, the 
permittee is required to meet the permitted pH limit range in the 
respective permit.
    f. One chronic (and modified acute) toxicity test shall be 
performed on the water treatment facility's discharge by the permittee 
upon request by EPA and/or the NHDES. Testing shall be performed in 
accordance with EPA toxicity protocol to be provided at the time of the 
request. The test shall be performed on a 24-hour composite sample to 
be taken during normal facility operation. The results of the test (C-
NOEC and LC<INF>50</INF>) shall be forwarded to the State and EPA 
within 30 days after completion.
2. State Permit Conditions
    a. The permittee shall comply with the following conditions which 
are included as State Certification requirements.
    (1) The pH range for class B waters shall be 6.5-8.0 S.U. or as 
naturally occurs in the receiving water. The 6.5-8.0 S.U. range must be 
achieved in the final effluent unless the permittee can demonstrate to 
Division that: (1) The range should be widened due to naturally 
occurring conditions in the receiving water or (2) the naturally 
occurring source water pH is unaltered by the permittees operation. The 
scope of any demonstration project must receive prior approval from the 
Division.
    b. This NPDES Discharge Permit is issued by the U.S. Environmental 
Protection Agency under Federal and State law. Upon final issuance by 
the EPA, the New Hampshire Department of Environmental Services, Water 
Division, may adopt this Permit, including all terms and conditions, as 
a state permit pursuant to RSA 485-A:13.

C. Common Elements for All Permits:

1. Conditions of the General NPDES Permit
    a. Geographic Areas.
    <bullet> Massachusetts (Permit No. MAG640000). All of the 
discharges to be authorized by the general NPDES permit for dischargers 
in the Commonwealth of Massachusetts are into all waters of the 
Commonwealth unless otherwise restricted by the Massachusetts Surface 
Water Quality Standards, 314 CMR 4.00 (or as revised), including 314 
CMR 4.04(3) Protection of Outstanding Resource Waters.
    <bullet> New Hampshire. (Permit No. NHG640000). All of the 
discharges to be authorized by the general NPDES permit for dischargers 
in the State of New Hampshire are into all waters of the State of New 
Hampshire unless otherwise restricted by the State Water Quality 
Standards, New Hampshire RSA 485-A:8 (or as revised).
    b. Notification by Permittees. Operators of facilities whose 
discharge, or discharges, are effluent from water treatment facilities 
and whose facilities are located in the geographic areas described in 
part I.C.1.a above, may submit to the Regional Administrator, EPA--New 
England, a notice of intent to be covered by the appropriate general 
permit. Notifications must be submitted by permittees who are seeking 
coverage under this permit for the first time and by those permittees 
who received coverage under the expired permit. This written 
notification must include for each individual facility, the owner's 
and/or operator's legal name, address and telephone number; the 
facility name, address, contact name and telephone number; the number 
and type of facilities (SIC code) to be covered; the facility 
location(s); a topographic map (or other map if a topographic map is 
not available) indicating the facility location(s)and discharge 
point(s); latitude and longitude of outfall(s); the name(s) of the 
receiving waters into which discharge will occur; the source of water 
i.e., river intake, private well etc. to be treated; an antidegradation 
review where necessary see section IV. C of the Fact Sheet; new and 
increased discharges from water treatment facility that may adversely 
affect a listed or proposed to be listed endangered or threatened 
species or its critical habitat are not authorized under this general 
permit (see section IV.E of the Fact Sheet); and a list of water 
treatment chemicals used by the facility. The notice must be signed in 
accordance with the signatory requirements of 40 CFR 122.22.
    Each facility must certify that the discharge for which it is 
seeking coverage under this general permit consists solely of effluent 
from discharges from the water treatment facilities. If the discharge 
of the water treatment facility subsequently mixes with other 
wastewater (e.g. stormwater) prior to discharging to a receiving water, 
the permittee must certify that the monitoring it will provide under 
this general permit will be only for water treatment facility. An 
authorization to discharge under this general permit, where the water 
treatment facility discharges to a municipal or private storm drain 
owned by another party, does not convey any rights or authorization to 
connect to that drain.
    Each facility must also submit a copy of the notice of intent to 
each State authority as appropriate (see individual state permits for 
appropriate authority and address).
    The facilities authorized to discharge under the final general 
permit will receive written notification from EPA, New England Region, 
with State concurrence. Failure to submit to EPA, New England Region, a 
notice of intent to be covered and/or failure to receive from EPA 
written notification of permit coverage means that the facility is not 
authorized to discharge under this general permit.
2. Administrative Aspects
    a. Request to be covered. A facility is not covered by any of these 
general permits until it meets the following requirements. First, it 
must send a notice of intent to EPA and the appropriate State 
indicating it meets the requirements of the permit and wants to be 
covered. And second, it must be notified in writing by EPA that it is 
covered by this general permit.
    b. Eligibility to Apply. Any facility operating under an effective 
(unexpired) individual NPDES permit may request that the individual 
permit be revoked and that coverage under the general permit be 
granted, as outlined in 40 CFR 122.28(b)(3)(v). If EPA revokes the 
individual permit, the general permit would apply to the discharge.
    Facilities with expired individual permits that have been 
administratively continued in accordance with 40 CFR 122.6 may apply 
for coverage under this

[[Page 69007]]

general permit. When coverage is granted the expired individual permit 
automatically will cease being in effect. Proposed new dischargers may 
apply for coverage under this general permit and must submit the NOI 90 
days prior to the discharge.
    Facilities with coverage under the current general permit issued on 
December 9, 1994, effective on January 9, 1995 and expired on January 
9, 2000 need to apply for coverage under this general permit within 60 
days from the effective date of the permit. Failure to submit a Notice 
of Intent within 60 days for continuation of the discharge will be 
considered discharging without a permit as of the expiration date of 
the expired permit (January 9, 2000) for enforcement purposes. A Notice 
of Intent is not required if the permittee submits a Notice of 
Termination (see part I.F.1) of discharge before the sixty days 
expires.
    c. Continuation of this General Permit After Expiration. If this 
permit is not reissued prior to the expiration date, it will be 
administratively continued in accordance with the Administrative 
Procedures Act and remain in force and in effect as to any particular 
permittee as long as the permittee submits a new Notice of Intent two 
(2) months prior to the expiration date in the permit. However, once 
this permit expires EPA cannot provide written notification of coverage 
under this general permit to any permittee who submits Notice of Intent 
to EPA after the permit's expiration date. Any permittee who was 
granted permit coverage prior to the expiration date will automatically 
remain covered by the continued permit until the earlier of:
    (1) Reissuance of this permit, at which time the permittee must 
comply with the Notice of Intent conditions of the new permit to 
maintain authorization to discharge; or
    (2) The permittee's submittal of a Notice of Termination; or
    (3) Issuance of an individual permit for the permittee's 
discharges; or
    (4) A formal permit decision by the Director not to reissue this 
general permit, at which time the permittee must seek coverage under an 
alternative general permit or an individual permit.

D. Monitoring and Reporting

    Massachusetts: Monitoring results obtained during the previous 3 
months shall be summarized for each quarter and reported on separate 
Discharge Monitoring Report Form(s) postmarked no later than the 15th 
day of the month following the completed reporting period. The reports 
are due on the 15th day of January, April, July and October. The first 
report may include less than 3 months information.
    New Hampshire: Monitoring results obtained during the previous 
month shall be summarized for each month and reported on separate 
Discharge Monitoring Report Form(s) postmarked no later than the 15th 
day of the month following the completed reporting period. The reports 
are due on the 15th day of the month following the reporting period.
    The reports as stated above should be sent to EPA and the States at 
the following addresses:
    1. EPA: Submit original signed and dated DMRs and all other reports 
required herein at the following addressee: U.S. Environmental 
Protection Agency, Water Technical Unit (SEW), Post Office Box 8127, 
Boston, MA 02114.
    2. Massachusetts Department of Environmental Protection: a. The 
Regional Offices wherein the discharge occurs, shall receive a copy of 
the DMRs required herein:

Massachusetts Department of Environmental Protection, Western Regional 
Office, 436 Dwight Street, Springfield, MA 01103
Massachusetts Department of Environmental Protection, Southeastern 
Regional Office, 20 Riverside Drive, Lakeville, MA 02347
Massachusetts Department of Environmental Protection, Northeastern 
Regional Office, 205A Lowell Street, Wilmington, MA 01887
Massachusetts Department of Environmental Protection, Central Regional 
Office, 627 Main Street, Worcester, Massachusetts 01608

    b. Copies of DMRs, toxicity test reports and all other 
notifications required by this permit shall also be submitted to the 
State at:

Massachusetts Department of Environmental Protection, Division of 
Watershed Management, 627 Main Street, Worcester, MA 01608.

    c. Copies of the State Application Form BRP WM 13, Appendix C--
Request for General Permit coverage for Surface Water Discharge from a 
Water Treatment Facility , and the Transmittal Form for Permit 
Application and Payment may be obtained at the DEP website at 
(www.state.ma.us/dep) by clicking on ``Permit Applications'' and 
``Watershed Management''; by telephoning the DEP Info Service Center 
(Permitting) at (617) 338-2255 or 1-800-462-0444 in 508, 413, 978 and 
781 area codes; or from any DEP Regional Service Center located in each 
Regional Office.
    Three copies of the transmittal form are needed. Copy 1 (the 
original) of the transmittal form and Appendix C form should be sent to 
Massachusetts Department of Environmental Protection, 627 Main Street, 
Worcester, MA 01608. Copy 2 of the transmittal form and the $500 fee 
should be sent to DEP, P.O. Box 4062, Boston, MA 02111. Municipalities 
are fee-exempt, but should send a copy of the transmittal form to that 
address. Keep Copy 3 of the transmittal form and a copy of the 
application for your records.
    3. New Hampshire Department of Environmental Services: Signed 
copies of all reports required by this permit shall be sent to the 
State at: New Hampshire Department of Environmental Services, Water 
Division, P.O. Box 95, 6 Hazen Drive, Concord, New Hampshire 03302-
0095.

E. Additional General Permit Conditions

1. Termination of Operations
    Operators of facilities and/or operations authorized under this 
permit shall notify the Director upon the termination of discharges. 
The notice must contain the name, mailing address, and location of the 
facility for which the notification is submitted, the NPDES permit 
number for the water treatment facility discharge identified by the 
notice, and an indication of whether the water treatment facility 
discharge has been eliminated or the operator of the discharge has 
changed. The notice must be signed in accordance with the signatory 
requirements of 40 CFR 122.22.
2. When the Director May Require Application for an Individual NPDES 
Permit
    a. The Director may require any person authorized by this permit to 
apply for and obtain an individual NPDES permit. Any interested person 
may petition the Director to take such action. Instances where an 
individual permit may be required include the following:
    (1) The discharge(s) is a significant contributor of pollution;
    (2) The discharger is not in compliance with the conditions of this 
permit;
    (3) A change has occurred in the availability of the demonstrated 
technology of practices for the control or abatement of pollutants 
applicable to the point source;
    (4) Effluent limitation guidelines are promulgated for point 
sources covered by this permit;
    (5) A Water Quality Management Plan or Total Maximum Daily Load

[[Page 69008]]

containing requirements applicable to such point source is approved;
    (6) Discharge to the territorial sea
    (7) Discharge to outstanding natural resource water.
    (8) Discharge into waters that are not attaining state water 
quality standards.
    (9) The point source(s) covered by this permit no longer:
    (a) Involves the same or substantially similar types of operations;
    (b) Discharges the same types of wastes;
    (c) Requires the same effluent limitations or operating conditions;
    (d) Requires the same or similar monitoring; and
    (e) In the opinion of the Director, is more appropriately 
controlled under a general permit than under an individual NPDES 
permit.
    b. The Director may require an individual permit only if the 
permittee authorized by the general permit has been notified in writing 
that an individual permit is required, and has been given a brief 
explanation of the reasons for this decision.
3. When an Individual NPDES Permit May Be Requested.
    a. Any operator may request to be excluded from the coverage of 
this general permit by applying for an individual permit.
    b. When an individual NPDES permit is issued to an operator 
otherwise subject to this general permit, the applicability of this 
permit to that owner or operator is automatically terminated on the 
effective date of the individual permit.

F. Summary of Responses to Public Comments

    On June 30, 2000, EPA released in the Federal Register for public 
notice and comment a draft NPDES general permit for effluent from water 
treatment facility discharges in the states of ME, MA. and NH. The 
public comment period for this draft general permit expired on July 30, 
2000.
    1. The US Fish and Wildlife Service, in a letter dated August 1, 
2000, concurred with EPA's opinion that the reissuance of the NPDES 
general permits will not jeopardize the continued existence of Atlantic 
salmon in Maine.
    2. The National Marine Fisheries Service in a letter dated July 31, 
2000 has commented that the discharge into waters that are not 
attaining state water quality standards should be excluded from this 
permit . EPA concurs with NMFS. Accordingly section III (Exclusions), 
2nd paragraph of the Fact Sheet and part I.F.2.(8) of the permit are 
added. Otherwise, NMFS has concluded that reissuance of the general 
permits for the water treatment facility discharge(s) in the states of 
Massachusetts and New Hampshire will not likely adversely affect any 
endangered or threatened species including essential fish habitat under 
NMFS jurisdiction.
    3. The State of Maine, in a letter dated August 29, 2000 has 
requested EPA to be excluded from this general permit. EPA agrees and 
the permit for the State of Maine ( MEG640000) is taken out from this 
general permit.
    4. Based on comments from MA DEP some address corrections are made 
in the draft permit.

Part II, Standard Conditions

Section A--General Requirements

1. Duty To Comply
    The permittee must comply with all conditions of this permit. Any 
permit noncompliance constitutes a violation of the Clean Water Act and 
is grounds for enforcement action; for permit termination, revocation 
and reissuance, or modification; or for denial of a permit renewal 
application.
    a. The permittee shall comply with effluent standards or 
prohibitions established under section 307(a) of the CWA for toxic 
pollutants and with standards for sewage sludge use or disposal 
established under section 405 (d) of the CWA within the time provided 
in the regulations that establish these standards or prohibitions, even 
if the permit has not yet been modified to incorporate the requirement.
    b. The CWA provides that any person who violates sections 301, 302, 
306, 307, 308, 318, or 405 of the CWA or any permit condition or 
limitation implementing any of such sections in a permit issued under 
section 402, or any requirement imposed in a pretreatment program 
approved under sections 402(a)(3) or 402(b)(8) of the CWA is subject to 
a civil penalty not to exceed $25,000 per day for each violation. Any 
person who negligently violates such requirements is subject to a fine 
of not less than $2,500 nor more than $25,000 per day of violation, or 
by imprisonment for not more than 1 year, or both. Any person who 
knowingly violates such requirements is subject to a fine of not less 
than $5,000 nor more than $50,000 per day of violation, or by 
imprisonment for not more than 3 years, or both. Note: See 40 CFR 
122.41(a)(2) for additional enforcement criteria.
    c. Any person may be assessed an administrative penalty by the 
Administrator for violating sections 301, 302, 306, 307, 308, 318, or 
405 of the CWA, or any permit condition or limitation implementing any 
of such sections in a permit issued under section 402 of the CWA. 
Administrative penalties for Class I violations are not to exceed 
$10,000 per violation, with the maximum amount of any Class I penalty 
assessed not to exceed $25,000. Penalties for Class II violations are 
not to exceed $10,000 per day for each day during which the violation 
continues, with the maximum amount of any Class II penalty not to 
exceed $125,000.
2. Permit Actions
    This permit may be modified, revoked and reissued, or terminated 
for cause. The filing of a request by the permittee for a permit 
modification, revocation and reissuance, or termination, or a 
notification of planned changes or anticipated noncompliance does not 
stay any permit condition.
3. Duty To Provide Information
    The permittee shall furnish to the Regional Administrator, within a 
reasonable time, any information which the Regional Administrator may 
request to determine whether cause exists for modifying, revoking and 
reissuing, or terminating this permit, or to determine compliance with 
this permit. The permittee shall also furnish to the Regional 
Administrator, upon request, copies of records required to be kept by 
this permit.
4. Reopener Clause
    The Regional Administrator reserves the right to make appropriate 
revisions to this permit in order to establish any appropriate effluent 
limitations, schedules of compliance, or other provisions which may be 
authorized under the CWA in order to bring all discharges into 
compliance with the CWA.
5. Oil and Hazardous Substance Liability
    Nothing in this permit shall be construed to preclude the 
institution of any legal action or relieve the permittee from any 
responsibilities, liabilities, or penalties to which the permittee is 
or may be subject under section 311 of the CWA, or section 106 of the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980 (CERCLA).
6. Property Rights
    The issuance of this permit does not convey any property rights of 
any sort, nor any exclusive privileges.

[[Page 69009]]

7. Confidentiality of Information
    a. In accordance with 40 CFR part 2, any information submitted to 
EPA pursuant to these regulations may be claimed as confidential by the 
submitter. Any such claim must be asserted at the time of submission in 
the manner prescribed on the application form or instructions or, in 
the case of other submissions, by stamping the words ``confidential 
business information'' on each page containing such information. If no 
claim is made at the time of submission, EPA may make the information 
available to the public without further notice. If a claim is asserted, 
the information will be treated in accordance with the procedures in 40 
CFR part 2 (Public Information).
    b. Claims of confidentiality for the following information will be 
denied:
    (i) The name and address of any permit applicant or permittee;
    (ii) Permit applications, permits, and effluent data as defined in 
40 CFR 2.302(a)(2).
    c. Information required by NPDES application forms provided by the 
Regional Administrator under section 122.21 may not be claimed 
confidential. This includes information submitted on the forms 
themselves and any attachments used to supply information required by 
the forms.
8. Duty To Reapply
    If the permittee wishes to continue an activity regulated by this 
permit after its expiration date, the permittee must apply for and 
obtain a new permit. The permittee shall submit a new notice of intent 
at least 60 days before the expiration date of the existing permit, 
unless permission for a later date has been granted by the Regional 
Administrator. (The Regional Administrator shall not grant permission 
for applications to be submitted later than the expiration date of the 
existing permit.)
9. State Authorities
    Nothing in part 122, 123, or 124 precludes more stringent State 
regulation of any activity covered by these regulations, whether or not 
under an approved State program.
10. Other Laws
    The issuance of a permit does not authorize any injury to persons 
or property or invasion of other private rights, nor does it relieve 
the permittee of its obligation to comply with any other applicable 
Federal, State, and local laws and regulations.

Section B--Operation and Maintenance of Pollution Controls

1. Proper Operation and Maintenance
    The permittee shall at all times properly operate and maintain all 
facilities and systems of treatment and control (and related 
appurtenances) which are installed or used by the permittee to achieve 
compliance with the conditions of this permit and with the requirements 
of storm water pollution prevention plans. Proper operation and 
maintenance also includes adequate laboratory controls and appropriate 
quality assurance procedures. This provision requires the operation of 
back-up or auxiliary facilities or similar systems only when the 
operation is necessary to achieve compliance with the conditions of the 
permit.
2. Need To Halt or Reduce Not a Defense
    It shall not be a defense for a permittee in an enforcement action 
that it would have been necessary to halt or reduce the permitted 
activity in order to maintain compliance with the conditions of this 
permit.
3. Duty To Mitigate
    The permittee shall take all reasonable steps to minimize or 
prevent any discharge or sludge use or disposal in violation of this 
permit which has a reasonable likelihood of adversely affecting human 
health or the environment.
4. Bypass
    a. Definitions. (1) ``Bypass'' means the intentional diversion of 
waste streams from any portion of a treatment facility.
    (2) ``Severe property damage'' means substantial physical damage to 
property, damage to the treatment facilities which causes them to 
become inoperable, or substantial and permanent loss of natural 
resources which can reasonably be expected to occur in the absence of a 
bypass. Severe property damage does not mean economic loss caused by 
delays in production.
    b. Bypass not exceeding limitations. The permittee may allow any 
bypass to occur which does not cause effluent limitations to be 
exceeded, but only if it also is for essential maintenance to assure 
efficient operation. These bypasses are not subject to the provisions 
of paragraphs B.4.c and 4.d of this section.
    c. Notice. (1) Anticipated bypass. If the permittee knows in 
advance of the need for a bypass, it shall submit prior notice, if 
possible at least ten days before the date of the bypass.
    (2) Unanticipated bypass. The permittee shall submit notice of an 
unanticipated bypass as required in paragraph D.1.e (24-hour notice).
    d. Prohibition of bypass. (1) Bypass is prohibited, and the 
Regional Administrator may take enforcement action against a permittee 
for bypass, unless: (a) Bypass was unavoidable to prevent loss of life, 
personal injury, or severe property damage;
    (b) There were no feasible alternatives to the bypass, such as the 
use of auxiliary treatment facilities, retention of untreated wastes, 
or maintenance during normal periods of equipment downtime. This 
condition is not satisfied if adequate back-up equipment should have 
been installed in the exercise of reasonable engineering judgment to 
prevent a bypass which occurred during normal periods of equipment 
downtime or preventive maintenance; and
    (c)(i) The permittee submitted notices as required under paragraph 
4.c of this section.
    (ii) The Regional Administrator may approve an anticipated bypass, 
after considering its adverse effects, if the Regional Administrator 
determines that it will meet the three conditions listed above in 
paragraph 4.d of this section.
5. Upset
    a. Definition. ``Upset'' means an exceptional incident in which 
there is unintentional and temporary non-compliance with technology-
based permit effluent limitations because of factors beyond the 
reasonable control of the permittee. An upset does not include 
noncompliance to the extent caused by operational error, improperly 
designed treatment facilities, inadequate treatment facilities, lack of 
preventive maintenance, or careless or improper operation.
    b. Effect of an upset. An upset constitutes an affirmative defense 
to an action brought for noncompliance with such technology-based 
permit effluent limitations if the requirements of paragraph B.5.c of 
this section are met. No determination made during administrative 
review of claims that noncompliance was caused by upset, and before an 
action for noncompliance, is final administrative action subject to 
judicial review.
    c. Conditions necessary for a demonstration of upset. A permittee 
who wishes to establish the affirmative defense of upset shall 
demonstrate, through properly signed, contemporaneous operating logs, 
or other relevant evidence that:

[[Page 69010]]

    (1) An upset occurred and that the permittee can identify the 
cause(s) of the upset;
    (2) The permitted facility was at the time being properly operated;
    (3) The permittee submitted notice of the upset as required in 
paragraphs D.1.a and 1.e (24-hour notice); and
    (4) The permittee complied with any remedial measures required 
under B.3. above.
    d. Burden of proof. In any enforcement proceeding the permittee 
seeking to establish the occurrence of an upset has the burden of 
proof.

Section C--Monitoring and Records

1. Monitoring and Records
    a. Samples and measurements taken for the purpose of monitoring 
shall be representative of the monitored activity.
    b. Except for records of monitoring information required by this 
permit related to the permittee's sewage sludge use and disposal 
activities, which shall be retained for a period of at least five years 
(or longer as required by 40 CFR part 503), the permittee shall retain 
records of all monitoring information, including all calibration and 
maintenance records and all original strip chart recordings for 
continuous monitoring instrumentation, copies of all reports required 
by this permit, and records of all data used to complete the 
application for this permit, for a period of at least 3 years from the 
date of the sample, measurement, report or application except for the 
information concerning storm water discharges which must be retained 
for a total of 6 years. This retention period may be extended by 
request of the Regional Administrator at any time.
    c. Records of monitoring information shall include:
    (1) The date, exact place, and time of sampling or measurements;
    (2) The individual(s) who performed the sampling or measurements;
    (3) The date(s) analyses were performed;
    (4) The individual(s) who performed the analyses;
    (5) The analytical techniques or methods used; and
    (6) The results of such analyses.
    d. Monitoring results must be conducted according to test 
procedures approved under 40 CFR part 136 or, in the case of sludge use 
or disposal, approved under 40 CFR part 136 unless otherwise specified 
in 40 CFR part 503, unless other test procedures have been specified in 
the permit.
    e. The Clean Water Act provides that any person who falsifies, 
tampers with, or knowingly renders inaccurate any monitoring device or 
method required to be maintained under this permit shall, upon 
conviction, be punished by a fine of not more than $10,000, or by 
imprisonment for not more than 2 years, or both. If a conviction of a 
person is for a violation committed after a first conviction of such 
person under this paragraph, punishment is a fine of not more than 
$20,000 per day of violation, or by imprisonment of not more than 4 
years, or both.
2. Inspection and Entry
    The permittee shall allow the Regional Administrator, or an 
authorized representative (including an authorized contractor acting as 
a representative of the Administrator), upon presentation of 
credentials and other documents as may be required by law, to:
    a. Enter upon the permittee's premises where a regulated facility 
or activity is located or conducted, or where records must be kept 
under the conditions of this permit;
    b. Have access to and copy, at reasonable times, any records that 
must be kept under the conditions of this permit;
    c. Inspect at reasonable times any facilities, equipment (including 
monitoring and control equipment), practices, or operations regulated 
or required under this permit; and
    d. Sample or monitor at reasonable times, for the purposes of 
assuring permit compliance or as otherwise authorized by the Clean 
Water Act, any substances or parameters at any location.

Section D--Reporting Requirements

1. Reporting Requirements
    a. Planned changes. The permittee shall give notice to the Regional 
Administrator as soon as possible of any planned physical alterations 
or additions to the permitted facility. Notice is required only when:
    (1) The alteration or addition to a permitted facility may meet one 
of the criteria for determining whether a facility is a new source in 
40 CFR 122.29(b); or
    (2) The alteration or addition could significantly change the 
nature or increase the quantity of pollutants discharged. This 
notification applies to pollutants which are subject to the effluent 
limitations in the permit, not to the notification requirements under 
40 CFR 122.42(a)(1).
    (3) The alteration or addition results in a significant change in 
the permittee's sludge use or disposal practices, and such alteration, 
addition or change may justify the application of permit conditions 
different from or absent in the existing permit, including notification 
of additional use or disposal sites not reported during the permit 
application process or not reported pursuant to an approved land 
application plan.
    b. Anticipated noncompliance. The permittee shall give advance 
notice to the Regional Administrator of any planned changes in the 
permitted facility or activity which may result in noncompliance with 
permit requirements.
    c. Transfers. This permit is not transferable to any person except 
after notice to the Regional Administrator. The Regional Administrator 
may require modification or revocation and reissuance of the permit to 
change the name of the permittee and incorporate such other 
requirements as may be necessary under the Clean Water Act. (See 
section 122.61; in some cases, modification or revocation and 
reissuance is mandatory.)
    d. Monitoring reports. Monitoring results shall be reported at the 
intervals specified elsewhere in this permit.
    (1) Monitoring results must be reported on a Discharge Monitoring 
Report (DMR) or forms provided or specified by the Regional 
Administrator for reporting results of monitoring of sludge use or 
disposal practices.
    (2) If the permittee monitors any pollutant more frequently than 
required by the permit using test procedures approved under 40 CFR part 
136 or, in the case of sludge use or disposal, approved under 40 CFR 
part 136 unless otherwise specified in 40 CFR part 503, or as specified 
in the permit, the results of this monitoring shall be included in the 
calculation and reporting of the data submitted in the DMR or sludge 
reporting form specified by the Regional Administrator.
    (3) Calculations for all limitations which require averaging of 
measurements shall utilize an arithmetic mean unless otherwise 
specified by the Regional Administrator in the permit.
    e. Twenty-four hour reporting.
    (1) The permittee shall report any noncompliance which may endanger 
health or the environment. Any information shall be provided orally 
within 24 hours from the time the permittee becomes aware of the 
circumstances.
    A written submission shall also be provided within 5 days of the 
time the permittee becomes aware of the circumstances. The written 
submission shall contain a description of the noncompliance and its 
cause; the period

[[Page 69011]]

of noncompliance, including exact dates and times, and if the 
noncompliance has not been corrected, the anticipated time it is 
expected to continue; and steps taken or planned to reduce, eliminate, 
and prevent reoccurrence of the noncompliance.
    (2) The following shall be included as information which must be 
reported within 24 hours under this paragraph.
    (a) Any unanticipated bypass which exceeds any effluent limitation 
in the permit. (See section 122.41(g))
    (b) Any upset which exceeds any effluent limitation in the permit.
    (c) Violation of a maximum daily discharge limitation for any of 
the pollutants listed by the Regional Administrator in the permit to be 
reported within 24 hours. (See section 122.44(g))
    (3) The Regional Administrator may waive the written report on a 
case-by-case basis for reports under paragraph D.1.e if the oral report 
has been received within 24 hours.
    f. Compliance Schedules. Reports of compliance or noncompliance 
with, or any progress reports on, interim and final requirements 
contained in any compliance schedule of this permit shall be submitted 
no later than 14 days following each schedule date.
    g. Other noncompliance. The permittee shall report all instances of 
noncompliance not reported under paragraphs D.1.d, D.1.e and D.1.f of 
this section, at the time monitoring reports are submitted. The reports 
shall contain the information listed in paragraph D.1.e of this 
section.
    h. Other information. Where the permittee becomes aware that it 
failed to submit any relevant facts in a permit application, or 
submitted incorrect information in a permit application or in any 
report to the Regional Administrator, it shall promptly submit such 
facts or information.
2. Signatory Requirement
    a. All applications, reports, or information submitted to the 
Regional Administrator shall be signed and certified. (See section 
122.22)
    b. The CWA provides that any person who knowingly makes any false 
statement, representation, or certification in any record or other 
document submitted or required to be maintained under this permit, 
including monitoring reports or reports of compliance or non-compliance 
shall, upon conviction, be punished by a fine of not more than $10,000 
per violation, or by imprisonment for not more than 6 months per 
violation, or by both.
3. Availability of Reports
    Except for data determined to be confidential under paragraph A.8. 
above, all reports prepared in accordance with the terms of this permit 
shall be available for public inspection at the offices of the State 
water pollution control agency and the Regional Administrator. As 
required by the CWA, effluent data shall not be considered 
confidential. Knowingly making any false statement on any such report 
may result in the imposition of criminal penalties as provided for in 
section 309 of the CWA.

Section E--Other Conditions

    1. Definitions for purposes of this permit are as follows:
    Administrator means the Administrator of the United States 
Environmental Protection Agency, or an authorized representative.
    Applicable standards and limitations means all State, interstate, 
and Federal standards and limitations to which a ``discharge'' or a 
related activity is subject to, including water quality standards, 
standards of performance, toxic effluent standards or prohibitions, 
``best management practices,'' and pretreatment standards under 
sections 301, 302, 303, 304, 306, 307, 308, 403, and 405 of CWA.
    Application means the EPA standard national forms for applying for 
a permit, including any additions, revisions or modifications to the 
forms; or forms approved by EPA for use in ``approved States,'' 
including any approved modifications or revisions.
    Average means the arithmetic mean of values taken at the frequency 
required for each parameter over the specified period. For total and/or 
fecal coliforms, the average shall be the geometric mean.
    Average monthly discharge limitation means the highest allowable 
average of ``daily discharges'' over a calendar month, calculated as 
the sum of all daily discharges measured during a calendar month 
divided by the number of daily discharges measured during that month.
    Average weekly discharge limitation means the highest allowable 
average of ``daily discharges'' over a calendar week, calculated as the 
sum of all daily discharges measured during a calendar week divided by 
the number of daily discharges measured during that week.
    Best Management Practices (BMPs) means schedules of activities, 
prohibitions of practices, maintenance procedures, and other management 
practices to prevent or reduce the pollution of ``waters of the United 
States.'' BMPs also include treatment requirements, operating 
procedures, and practices to control plant site runoff, spillage or 
leaks, sludge or waste disposal, or drainage from raw material storage.
    Best Professional Judgement (BPJ) means a case-by-case 
determination of Best Practicable Treatment (BPT), Best Available 
Treatment (BAT) or other appropriate standard based on an evaluation of 
the available technology to achieve a particular pollutant reduction.
    Composite Sample--A sample consisting of a minimum of eight grab 
samples collected at equal intervals during a 24-hour period (or lesser 
period as specified in the section on Monitoring and Reporting) and 
combined proportional to flow, or a sample continuously collected 
proportionally to flow over that same time period.
    Continuous Discharge means a ``discharge'' which occurs without 
interruption throughout the operating hours of the facility except for 
infrequent shutdowns for maintenance, process changes, or similar 
activities.
    CWA or ``The Act'' means the Clean Water Act (formerly referred to 
as the Federal Water Pollution Control Act or Federal Water Pollution 
Control Act Amendments of 1972) Public Law 92-500, as amended by Public 
Law 95-217, Public Law 95-576, Public Law 96-483 and Public Law 97-117; 
33 U.S.C. 1251 et seq.
    Daily Discharge means the discharge of a pollutant measured during 
a calendar day or any 24-hour period that reasonably represents the 
calendar day for purposes of sampling. For pollutants with limitations 
expressed in units of mass, the daily discharge is calculated as the 
total mass of the pollutant discharged over the day. For pollutants 
with limitations expressed in other units of measurements, the daily 
discharge is calculated as the average measurement of the pollutant 
over the day.
    Director means the person authorized to sign NPDES permits by EPA 
and/or the State.
    Discharge Monitoring Report Form (DMR) means the EPA standard 
national form, including any subsequent additions, revisions, or 
modifications, for the reporting of self-monitoring results by 
permittees. DMRs must be used by ``approved States'' as well as by EPA. 
EPA will supply DMRs to any approved State upon request. The EPA 
national forms may be modified to substitute the State Agency name, 
address, logo, and other similar information, as appropriate, in place 
of EPA's.
    Discharge of a pollutant means:

[[Page 69012]]

    (a) Any addition of any ``pollutant'' or combination of pollutants 
to ``waters of the United States'' from any ``point source,'' or
    (b) Any addition of any pollutant or combination of pollutants to 
the waters of the ``contiguous zone'' or the ocean from any point 
source other than a vessel or other floating craft which is being used 
as a means of transportation.
    This definition includes additions of pollutants into waters of the 
United States from: surface runoff which is collected or channeled by 
man; discharges through pipes, sewers, or other conveyances owned by a 
State, municipality, or other person which do not lead to a treatment 
works; and discharges through pipes, sewers, or other conveyances 
leading into privately owned treatment works.
    This term does not include an addition of pollutants by any 
``indirect discharger.''
    Effluent limitation means any restriction imposed by the Director 
on quantities, discharge rates, and concentrations of ``pollutants'' 
which are ``discharged'' from ``point sources'' into ``waters of the 
United States,'' the waters of the ``contiguous zone,'' or the ocean.
    Effluent limitations guidelines means a regulation published by the 
Administrator under section 304(b) of CWA to adopt or revise ``effluent 
limitations.''
    EPA means the United States ``Environmental Protection Agency.''
    Grab Sample--An individual sample collected in a period of less 
than 15 minutes.
    Hazardous Substance means any substance designated under 40 CFR 
part 116 pursuant to section 311 of CWA.
    Maximum daily discharge limitation means the highest allowable 
``daily discharge.''
    Municipality means a city, town, borough, county, parish, district, 
association, or other public body created by of under State law and 
having jurisdiction over disposal or sewage, industrial wastes, or 
other wastes, or an Indian tribe or an authorized Indian tribe 
organization, or a designated and approved management agency under 
section 208 of CWA.
    National Pollutant Discharge Elimination System means the national 
program for issuing, modifying, revoking and reissuing, terminating, 
monitoring and enforcing permits, and imposing and enforcing 
pretreatment requirements, under sections 307, 402, 318, and 405 of 
CWA. The term includes an ``approved program.''
    New discharger means any building, structure, facility, or 
installation:
    (a) From which there is or may be a ``discharge of pollutants'';
    (b) That did not commence the ``discharge of pollutants'' at a 
particular ``site'' prior to August 13, 1979;
    (c) Which is not a ``new source''; and
    (d) Which has never received a finally effective NPDES permit for 
discharges at that ``site''.
    This definition includes an ``indirect discharger'' which commences 
discharging into ``waters of the United States'' after August 13, 1979. 
It also includes any existing mobile point source (other than an 
offshore or coastal oil and gas exploratory drilling rig or a coastal 
oil and gas developmental drilling rig) such as a seafood processing 
rig, seafood processing vessel, or aggregate plant, that begins 
discharging at a ``site'' for which it does not have a permit; and any 
offshore or coastal mobile oil and gas exploratory drilling rig or 
coastal mobile oil and gas developmental drilling rig that commences 
the discharge of pollutants after August 13, 1979, at a ``site'' under 
EPA's permitting jurisdiction for which it is not covered by an 
individual or general permit and which is located in an area determined 
by the Regional Administrator in the issuance of a final permit to be 
an area of biological concern. In determining whether an area is an 
area of biological concern, the Regional Administrator shall consider 
the factors specified in 40 CFR 125.122.(a)(1) through (10).
    An offshore or coastal mobile exploratory drilling rig or coastal 
mobile developmental drilling rig will be considered a ``new 
discharger'' only for the duration of its discharge in an area of 
biological concern.
    New source means any building, structure, facility, or installation 
from which there is or may be a ``discharge of pollutants,'' the 
construction of which commenced:
    (a) After promulgation of standards of performance under section 
306 of CWA which are applicable to such.
    (b) After proposal of standards of performance in accordance with 
section 306 of CWA which are applicable to such source, but only if the 
standards are promulgated in accordance with section 306 within 120 
days of their proposal.
    NPDES means ``National Pollutant Discharge Elimination System.''
    Non-Contact Cooling Water is water used to reduce temperature which 
does not come in direct contact with any raw material, intermediate 
product, a waste product or finished product.
    Owner or operator means the owner or operator of any ``facility or 
activity'' subject to regulation under the NPDES programs.
    Permit means an authorization, license, or equivalent control 
document issued by EPA or an ``approved State.''
    Person means an individual, association, partnership, corporation, 
municipality, State or Federal agency, or an agent or employee thereof.
    Point source means any discernible, confined, and discrete 
conveyance, including but not limited to any pipe, ditch, channel, 
tunnel, conduit, well, discrete fissure, container, rolling stock, 
concentrated animal feeding operation, vessel, or other floating craft, 
from which pollutants are or may be discharged. This term does not 
include return flows from irrigated agriculture.
    Pollutant means dredged spoil, solid waste, incinerator residue, 
filter backwash, sewage, garbage, sewage sludge, munitions, chemical 
wastes, biological materials, radioactive materials (except those 
regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 
2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, 
cellar dirt and industrial, municipal, and agricultural waste 
discharged into water. It does not mean:
    (a) Sewage from vessels; or
    (b) Water, gas, or other material which is injected into a well to 
facilitate production of oil or gas, or water derived in association 
with oil and gas production and disposed of in a well, if the well used 
either to facilitate production or for disposal purposes is approved by 
authority of the State in which the well is located, and if the State 
determines that the injection or disposal will not result in the 
degradation of ground or surface water resources.
    Primary industry category means any industry category listed in the 
NRDC settlement agreement (Natural Resources Defense Council et al. v. 
Train, 8 E.R.C. 2120 (D.D.C. 1976), modified 12 E.R.C. 1833 (D.D.C. 
1979)); also listed in appendix A of 40 CFR part 122.
    Process wastewater means any water which, during manufacturing or 
processing, comes into direct contact with or results from the 
production or use of any raw material, intermediate product, finished 
product, byproduct, or waste product.
    Regional Administrator means the Regional Administrator, EPA, 
Region I, Boston, Massachusetts.
    State means any of the 50 States, the District of Columbia, Guam, 
the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, 
the Trust Territory of the Pacific Islands.

[[Page 69013]]

    Secondary Industry Category means any industry category which is 
not a ``primary industry category.''
    Toxic pollutant means any pollutant listed as toxic in appendix D 
of 40 CFR part 122, under section 307(a)(1) of CWA.
    Uncontaminated storm water is precipitation to which no pollutants 
have been added and has not come into direct contact with any raw 
material, intermediate product, waste product or finished product.
    Waters of the United States means:
    (a) All waters which are currently used, were used in the past, or 
may be susceptible to use in interstate or foreign commerce, including 
all waters which are subject to the ebb and flow of the tide;
    (b) All interstate waters, including interstate ``wetlands.''
    (c) All other waters such as intrastate lakes, rivers, streams 
(including intermittent streams), mudflats, sandflats, ``wetlands,'' 
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds 
the use, degradation, or destruction of which would affect or could 
affect interstate or foreign commerce including any such waters:
    (l) Which are or could be used by interstate or foreign travelers 
for recreational or other purposes;
    (2) From which fish or shellfish are or could be taken and sold in 
interstate or foreign commerce; or
    (3) Which are used or could be used for industrial purposes by 
industries in interstate commerce;
    (d) All impoundments of waters otherwise defined as waters of the 
United States under this definition;
    (e) Tributaries of waters identified in paragraphs (a) (d) of this 
definition;
    (f) The territorial sea; and
    (g) ``Wetlands'' adjacent to waters (other than waters that are 
themselves wetlands) identified in paragraphs (a)-(f) of this 
definition.
    Whole Effluent Toxicity (WET) means the aggregate toxic effect of 
an effluent measured directly by a toxicity test.
    Wetlands means those areas that are inundated or saturated by 
surface or ground water at a frequency and duration sufficient to 
support, and that under normal circumstances do support, a prevalence 
of vegetation typically adapted for life in saturated soil conditions. 
Wetlands generally include swamps, marshes, bogs, and similar areas.
    2. Abbreviations when used in this permit are defined below:

cu. M/day or M3/day--cubic meters per day
mg/l--milligrams per liter
ug/l--micrograms per liter
lbs/day--pounds per day
kg/day--kilograms per day
Temp.  deg.C--temperature in degrees Centigrade
Temp.  deg.F--temperature in degrees Fahrenheit
Turb.--turbidity measured by the Nephelometric Method (NTU)
pH--a measure of the hydrogen ionconcentration
CFS--cubic feet per second
MGD--million gallons per day
Oil & Grease--Freon extractable material
ml/l--milliliter(s) per liter
Cl<INF>2</INF>--total residual chlorine

[FR Doc. 00-29225 Filed 11-14-00; 8:45 am]
BILLING CODE 6560-50-P