[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Notices]
[Pages 62456-62466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29742]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5340-4]


National Pollutant Discharge Elimination System (NPDES); 
Preparation of Draft General Permit for the States of Maine, 
Massachusetts, and New Hampshire

AGENCY: Environmental Protection Agency.

ACTION: Notice; Preparation of Draft NPDES General Permits--MAG070000, 
MEG070000, and NHG070000.

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SUMMARY: The Regional Administrator of the six states of New England is 
issuing Notice of a Draft National Pollutant Discharge Elimination 
System (NPDES) General Permit for construction dewatering facilities in 
certain waters of the States of Maine, Massachusetts, and New 
Hampshire. This draft general NPDES Permit establishes notice of intent 
(NOI) requirements, effluent limitations, standards, prohibitions and 
management practices for the construction dewatering discharges.
    Owners and/or operators of facilities discharging effluent from 
construction dewatering facilities will be required to submit to EPA, 
Region I, a notice of intent (NOI) to be covered by the appropriate 
general permit and will receive a written notification from EPA of 
permit coverage and authorization to discharge under the general 
permit.
    The draft permit is based on an administrative record available for 
public review at Environmental Protection Agency, Region I, John F. 
Kennedy Federal Building, CMA. Boston, Massachusetts 02203.
    The following FACT SHEET AND SUPPLEMENTARY INFORMATION section sets 
forth principal facts and the significant factual, legal, and policy 
questions considered in the development of the draft permits.

DATES: For comment period: Interested persons may submit comments on 
the draft general permits as part of the administrative record to the 
Regional Administrator of the six states of New England at the address 
given in the proceeding SUMMARY section no later than 30 days after the 
date of publication of the draft general permit in the Federal 
Register.
    This general permit shall be effective when issued and will expire 
five years from the effective date.
    For Further Information And Copies of Draft General NPDES Permit: 
Additional information concerning the draft permit may be obtained 
between the hours of 9:00 a.m. and 4:00 p.m. Monday through Friday 
excluding holidays from: Suprokash Sarker, Office of Ecosystem 
Protection Massachusetts State Program, Environmental Protection 
Agency, J.F.Kennedy Federal Building. Boston, Massachusetts 02203, 
Telephone (617) 565-3573.

FACT SHEET AND SUPPLEMENTARY INFORMATION

I. Introduction

    The Regional Administrator of the six states of New England is 
issuing draft general permit for effluent discharges from construction 
dewatering facilities to certain waters of the States of Maine, 
Massachusetts, and New Hampshire. Appendix A contains the draft general 
NPDES permit including 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. 
Although such permits to date have generally been issued to individual 
discharges, EPA's regulations authorize the issuance of ``general 
permits'' to categories of discharges. (See 40 CFR Sec. 122.28 48 FR 
14146, April 1, l983). EPA may issue a single, general permit to a 
category of point sources located within the same geographic area whose 
permits warrant similar pollutant control measures.
    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 Regional Administrator, are more 
appropriately controlled under a general permit than under individual 
permits.

    Violations of a condition of a general permit constitutes a 
violation of the Clean Water Act and subjects the discharger to the 
penalties in Section 309 of the Act.
    Any owner or operator authorized by a general permit may 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 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 

[[Page 62457]]
this action. However, individual permits will not be issued for sources 
discharging effluent from construction dewatering facility covered by 
this general permit unless it can be clearly demonstrated that 
inclusion under the general permit is inappropriate.
    The Director may consider the issuance of individual permits when:
    1. The discharge is a significant contributor of pollution;
    2. The discharge is not in compliance with the terms and conditions 
of the general permit;
    3. A change has occurred in the availability of demonstrated 
technology or practices for the control or abatement of pollutants 
applicable to the point source;
    4. Effluent limitations guidelines are subsequently promulgated for 
the point sources covered by the general permit;
    5. A Water Quality Management plan containing requirements 
applicable to such point sources is approved; or
    6. 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;
    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.
    Under this general permit, owners and operators of construction 
dewatering sites in Massachusetts, Maine and New Hampshire may be 
granted authorization to discharge groundwater and stormwater generated 
wastewaters into waters of the respective States. Dewatering associated 
with the construction of single family homes is not required to have a 
permit. This permit does not authorize the discharge of stormwater 
associated with construction sites which disturb greater than 5 acres 
of land. These sites are required to have a separate NPDES permit for 
stormwater discharges in accordance with 40 CFR 122.26s(b)(14)(x). 
Authorization under the permit shall require prior submittal of certain 
facility information. Upon receipt of all required information, the 
permit issuing authority may allow or disallow coverage under the 
general permit.
    The following list shows the criteria which will be used in 
evaluating whether or not an individual permit may be required instead 
of a general permit.
    1. Evaluation of wastewater samples for one whole effluent 
toxicity-test or one priority pollutant scan if required by the States 
and EPA.
    2. Preservation of high quality waters and fisheries;
    3. Facilities with an effluent discharge flow of over 100gpm
    4. Production of effluent at the facility other than groundwater, 
seepage, and stormwater run-off.
    5. History of land use.
    The similarity of the discharges has prompted EPA to prepare this 
draft general permit for public review and comment. When issued, this 
permit will enable facilities to maintain compliance with the Act and 
will extend environmental and regulatory controls to a large number of 
discharges and reduce some permit backlog. The issuance of this general 
permit for the geographic areas described below is warranted by this 
similarity of (a) environmental conditions. (b) State regulatory 
requirements applicable to the discharges and receiving waters, and (c) 
technology employed.

III. Conditions of the General NPDES Permit

A. Geographic Areas

Maine (Permit No. MEG070000)
    All of the discharges to be authorized by the general NPDES permit 
for the State of Maine from dischargers are limited to Class B,C,SB and 
SC waters of the State, except lakes. The drainage areas must be more 
than 10 square miles.
Massachusetts (Permit No. MAG070000)
    All of the discharges to be authorized by the general NPDES permit 
for the Commonwealth of Massachusetts dischargers are limited to Class 
B, and SB waters as designated in Massachusetts Water Quality 
Standards, 314 CMR 4.00 et seq. Discharges into Class A water needs 
review and approval by MADEP.
New Hampshire (Permit No. NHG070000)
    All of the discharges to be authorized by the general NPDES permit 
for the State of New Hampshire dischargers 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 
described in Section II and whose facilities are located in the 
geographic areas described in Section III. A. above may submit to the 
Regional Administrator, of New England, and each State, a notice of 
intent to be covered by the appropriate general permit. This written 
notification must include the owner's or operator's legal name and 
address; the facility name and address; the type of facilities to be 
covered, the number of discharge points including the anticipated 
duration, volume, and rate of discharge for each outfall; a topographic 
map (or other map if a topographic map is not available) indicating the 
facility locations; a description of any wastewater treatment; storage 
of petroleum and chemicals on site; history of land use of the site; 
and the names of the receiving waters into which discharge will occur. 
In addition one Whole Effluent Toxicity (WET) test result and/or one 
priority pollutant scan of the water to be discharged may be required, 
on a case by case bases by the States and/or EPA. The whole effluent 
toxicity test will consist of one chronic and modified acute toxicity 
screening test with one hundred percent sample. The Cerio-daphnia dubia 
for fresh water and sea-urchin for marine water shall be used as test 
organism. A copy of the test procedure and detailed protocol will be 
provided by EPA. The results of the chronic biological test (C-NOEC) or 
the priority pollutant scan will be forwarded to the State and EPA when 
required.
    A determination is required as to whether or not the facility's 
discharge will adversely affect a listed or proposed to be listed 
endangered or threatened species or its critical habitat (see Part F).
    The facilities authorized to discharge under a final general permit 
will receive written notification from EPA within 30 days with State 
concurrence where necessary upon receipt of the complete application 
including necessary sampling data. Failure to respond by the State or 
EPA within this period, the permit will be automatically effective 
after 30 days of the complete notification.

C. Effluent Limitations

1. Statutory Requirements
    The Clean Water Act (the Act) prohibits the discharge of pollutants 
to waters of the United States without a National Pollutant Discharge 
Elimination System (NPDES) permit unless such a discharge is otherwise 
authorized by the Act. The NPDES Permit is the mechanism used to 
implement technology and water quality based effluent limitations and 
other requirements including monitoring and reporting. The NPDES permit 
was developed in accordance with various 

[[Page 62458]]
statutory and regulatory authorities established pursuant to the Act. 
The regulations governing the EPA NPDES Permit program are generally 
found at 40 CFR parts 122, 124, 125 and 136.
    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 technological capability of 
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 being March 31, 1980.
2. Technology-Based Effluent Limitations
    EPA has not promulgated National Effluent Guidelines for 
construction dewatering facilities. For a category where Guidelines 
have been promulgated, the issuance of an individual permit for the 
discharges would be more appropriate (See 40 CFR 122.28(b)(3)(i)(C)). 
Therefore, as provided in Section 402(a)(1) of the Act, EPA has 
determined to issue this general permit utilizing Best Professional 
Judgement (BPT) to meet the above stated criteria for BAT/BCT described 
in Section 304(b) of the Act. Accordingly monthly average and maximum 
daily Total Suspended Solids (TSS) limitation are established based 
upon best professional judgement pursuant to Section 402(a)(1) of the 
CWA.
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 and to the 
conditions of State certification under Section 401 of the Act. 
Receiving stream requirements are established according to numerical 
and narrative standards adopted under state and/or federal law for each 
stream use classification. The CWA requires that EPA obtain State 
certification which states that all water quality standards will be 
satisfied. Regulations governing State certification are set forth in 
40 CFR 124.53 and 124.55.
    Section 101(a)(3) of the Act specifically prohibits the discharge 
of toxic pollutants in toxic amounts. The States of Maine, 
Massachusetts, and New Hampshire have similar narrative criteria in 
their water quality regulations (See Maine Title 38, Article 4-A, 
section 420 and section 464.4.A.(4); Massachusetts 314 CMR 4.05(5)(e); 
and New Hampshire Part Env-Ws 432.02(c)(4) that prohibits such 
discharges). The permit does not allow for the addition of materials or 
chemicals in amounts which would produce a toxic effect to any aquatic 
life.
    The effluent from the construction dewatering facilities may 
contain toxic pollutants and oil and grease in the underground water 
and stormwater run-off. Water Quality Standards and State certification 
requirements applicable to these discharges have been reviewed by EPA.

D. 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 falling below State standards 
for water quality are found in the following provisions: Maine Title 
38, Article 4-A, Section 464.4.F.; Massachusetts Water Quality 
Standards 314 CMR 4.04 Antidegradation Provisions; and New Hampshire 
policy RSA 485-A;8, VI Part Env-Ws 437.01 and Env-Ws 437.02.
    Compliance with the antidegradation provisions of this general 
permit for class B,C, SB, and SC for the State of Maine, Class B and SB 
for Massachusetts and all waters of New Hampshire unless otherwise 
restricted by the State Water Quality Standards, are expected to result 
in insignificant effect to the receiving water. No further 
antidegradation review will be required. For the State of Massachusetts 
discharges in the Class A water needs antidegration review.

E. Monitoring and Reporting Requirements

    Effluent limitations and monitoring requirements are included in 
the general permit describing requirements to be imposed on facilities 
to be covered.
    Facilities covered by the final general permits will be required to 
prepare a Discharge Monitoring Report containing effluent data and 
shall be kept on site in a secured place.
    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.

F. Endangered Species

    Discharges 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 without the written approval of 
the Fish and Wildlife Service and/or the National Marine Fisheries 
Service.
    The Fish and Wildlife Service has indicated that the dwarf wedge 
mussel (Alsmidonta heterodon), a Federally listed endangered species, 
occurs in a stretch of the Connecticut River from Lebanon, New 
Hampshire to Weathersfield Bow, Vermont, in the Ashuelot River in 
Keene, New Hampshire and historically from a number of rivers in 
Massachusetts, Any facility whose discharge may adversely effect the 
mussel or any other threatened or endangered species or its habitat is 
required to contact the Fish and Wildlife Service at the following 
address in order to make a formal determination: United States 
Department of the Interior, Fish and Wildlife Service, 400 Ralph Pill 
Marketplace, 22 Bridge Street, Concord, New Hampshire 03301-4901.
    The National Marine Fisheries Service has indicated that the 
endangered shortnose sturgeon (Acipenser breviirostrum) inhabits 
certain sections of the Penobscot, Kennebec and Androscoggin Rivers in 
Maine, and the Merrimack and Connecticut Rivers in Massachusetts. Any 
facility whose discharge may adversely effect the sturgeon, or any 
other threatened or endangered species or its habitat, is required to 
contact the national Marine Fisheries Service at the following address: 
United States Department of Commerce, National Oceanic and Atmospheric 
Administration, National Marine Fisheries Service, Habitat and 
Protected Resources Division, One Blackburn Drive, Gloucester, 
Massachusetts 01903-2298.

G. Other Requirements

    The remaining conditions of the permit are based on the NPDES 
regulations 40 CFR Parts 122 through 125 and consist primarily of 

[[Page 62459]]
management requirements common to all permits.

IV. State 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 is under process for all 
States. In addition the State of Massachusetts and EPA jointly issue 
the final permit.

V. 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.
    Any facility operating under any effective individual NPDES permit 
may request that the individual permit be revoked and that coverage 
under the general permit granted, as outlined in 40 CFR 
122.28(b)(3)(v). If EPA grants coverage under the general permit, EPA 
will so notify the facility and revoke the individual permit.
    Facilities with expired individual permits that have been 
administratively continued in accordance with Sec. 122.6, may apply for 
coverage under this general permit. When coverage is granted, the 
expired individual permit automatically will cease being in effect.

B. 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] requires 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. EPA, New England Region, has determined that these 
general NPDES permits are consistent with the CZMP. EPA has sent copies 
of the draft general NPDES permits to the Massachusetts, Maine, and New 
Hampshire coastal zone agencies for a determination that they are 
consistent with their respective State policies.

C. The Endangered Species Act

    EPA, New England Region, has concluded that the discharges to be 
covered by the general NPDES permits will not affect or jeopardize the 
continued existence of any endangered or threatened species or 
adversely affect its critical habitat. The U.S. Fish and Wildlife 
Service and the National Marine Fisheries Service have been forwarded 
copies of the draft general NPDES permits for concurrence.

D. Environmental Impact Statement Requirements

    The general permits do not authorize the construction of any water 
resources project or the impoundment of any water body or have any 
effect on historical property, and are not major Federal activities 
needing preparation of any Environmental Impact Statement. Therefore, 
the Wild and Scenic Rivers Act, 16 U.S.C. 1273 et seq., the National 
Historic Preservation Act of 1966, 16 U.S.C 470 et seq., the Fish and 
Wildlife Coordination Act, 16 U.S.C. 661 et seq., and the National 
Environmental Policy Act, 33 U.S.C. 4321 et seq., do not apply to the 
issuance of this general NPDES permit.

E. This Permit Does Not Constitute Authorization Under 33 U.S.C. 1344 
(Section 404 of the Clean Water Act) of any Stream Dredging or Filling 
Operation.

VI. Other Legal Requirements

A. Economic Impact (Executive Order 12291)

    EPA has reviewed the effect of Executive Order 12291 on this draft 
general permit and has determined that it is not a major rule under 
that order. This regulation was submitted previously to the Office of 
Management and Budget for review as required by Executive Order 12291. 
The Office of Management and Budget has exempted this action from the 
review requirements of Executive Order 12291 pursuant to Section 8(b) 
of that Order.

B. Paperwork Reduction Act

    EPA has reviewed the requirements imposed on regulated facilities 
by these draft general NPDES permits under the Paperwork Reduction Act 
of 1980, 44 U.S.C. 3501 et. seq. The information collection 
requirements of these draft permits have already been approved by the 
Office of Management and Budget under submissions made for the NPDES 
permit program under the provisions of the Clean Water Act. No comments 
from the Office of Management and Budget or the public were received on 
the information collection requirements in these permits.

C. The Regulatory Flexibility Act

    After review of the facts presented in the notice printed above, I 
hereby certify, pursuant to the provisions of 5 U.S.C. 605(b), that 
this permit does not have a significant impact on a substantial number 
of small entities. Moreover, the draft permit will reduce a significant 
administrative burden on regulated sources.

    Dated: November 22, 1995.
John P. DeVillars,
Regional Administrator.

Appendix A--Draft General Permit Under the National Pollutant Discharge 
Elimination System (NPDES)

    Note: The Following general NPDES permit is a combination of 
three permits for purposes of this Federal Register notice in order 
to eliminate duplication of material common to all permits for the 
individual states.

    1. Massachusetts, Maine and New Hampshire General Permit.
    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 may discharge groundwater and stormwater from construction 
dewatering facilities into waters of the respective states in 
accordance with effluent limitations, monitoring requirements and other 
conditions set forth herein. This permit does not authorize to 
discharge stormwater associated with Industrial activities from 
construction sites which disturb greater than 5 acres of land [40 CFR 
122.26(b)(14)(x)].
    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.
    This permit consists of Part I below including effluent 
limitations, monitoring requirements etc. and Part II General 
Requirements.
    Operators of facilities within the general permit area who fail to 
notify the Director of their intent to be covered by this general 
permit and receive no written notification of permit coverage or those 
who are denied by the Director are not authorized under this general 
permit to discharge from those facilities to the receiving waters.
    Signed this ______ day of ______ David A. Fierra Director, Office 
of Ecosystem Protection, Environmental Protection Agency, Region I, 
Boston, Massachusetts.
    Andrew Gottlieb, Director, Office of Watershed Management, 
Department of Environmental Protection, 

[[Page 62460]]
Commonwealth of Massachusetts, Boston, MA.

Part I

A. Effluent Limitations and Monitoring Requirements
    1. During the period beginning effective date and lasting through 
expiration, the permittee is authorized to discharge from each outfall 
effluent from construction dewatering facilities to the receiving 
waters of the respective States.
    a. Such discharges shall be limited and monitored by the permittee 
as specified below:

----------------------------------------------------------------------------------------------------------------
                                           Discharge limitations          Monitoring requirements measurement\2\
     Effluent characteristic     -------------------------------------------------------------------------------
                                    Average monthly      Maximum daily         Frequency          Sample type   
----------------------------------------------------------------------------------------------------------------
Flow (MGD)......................  Report............  ..................  1/week............  Instantaneous or  
                                                                                               continuous.      
TSS (mg/l)......................  50................  100...............  1/week............  Grab.             
Oil and Grease (mg/l)\1\........  See note A.1.h....  ..................  1/week............  Grab.             
pH\1\...........................  See Note A 1.g....  ..................  1/week............  Grab.             
----------------------------------------------------------------------------------------------------------------
\1\Requirement for the State Certification.                                                                     
\2\Samples shall be taken only when discharging.                                                                

    b. Massachusetts and Maine.
    The discharge shall not cause objectionable discoloration of the 
receiving waters.
New Hampshire
    The discharge shall not cause any discoloration of Class A 
receiving waters or any visible and objectionable discoloration of 
Class B receiving waters.
    C. There shall be no discharge of floating solids or visible foam. 
The discharge shall be adequately treated to insure that the effluent 
remains free from pollutants in concentrations or combinations that 
settle to form harmful deposits, float as foam, debris, scum or other 
visible pollutants. In addition for the State of New Hampshire the 
discharge shall not cause the naturally occurring turbidity in Class A 
receiving waters to change or cause the naturally occurring turbity in 
Class B waters to be increased by more than 10 NTU.
    d. The effluent limitations are based on the state water quality 
standard and are certified by the states.
    e. Samples taken in compliance with the monitoring requirements 
specified above shall be taken at the point of discharge.
    f. All discharges as designated in Section II of Supplementary 
Information shall pass through settling basins or interceptor 
structures or other approved treatment system and meet the effluent 
limitations in Part I.A.1.a. prior to discharge to waters of the 
states.
    g. pH.
Massachusetts
    The pH of the effluent shall not be less than nor greater than the 
range given for the receiving water classifications, unless these 
values are exceeded due to natural causes. The following table 
specifies ranges for Massachusetts:

------------------------------------------------------------------------
                        Classification                            Range 
------------------------------------------------------------------------
B.............................................................   6.5-8.3
SB............................................................   6.5-8.5
------------------------------------------------------------------------

Maine
    The pH range in both freshwater and saltwater is 6.0 to 8.5 su. 
unless establishes on a case-by-case basis (By State Policy).
New Hampshire
    The pH of the effluent shall not be less than 6.5 standard units 
(su) nor greater than 8.0 su at any time unless these values are 
exceeded due to natural causes.
    h. Sampling for oil and grease should only be required if a 
periodic inspection of the discharge indicates the presence of a 
visible sheen.
    i. A discharge structure shall be constructed if necessary to 
protect the erosion of the bank of the water body.
B. Monitoring and Reporting
Maine, Massachusetts and New Hampshire
    Monitoring results obtained during the previous month shall be 
summarized on separate Discharge Monitoring Report Form(s) and shall be 
kept on-site in a secured place. The reports should be readily 
available for review at any time during the working hours by the EPA 
and State Officials.
    The following are the EPA and state addresses for any notification 
and communication.
    a. Planning and Administrative Unit, Office of Environmental 
Stewardship, Environmental Protection Agency, Post Office Box 8127, 
Boston, MA 02114.
    b. Massachusetts Division of Water Pollution Control
    (1) The Regional offices:

Massachusetts Department of Environmental Protection, Massachusetts 
Division of Water Pollution Control, Western Regional Office, 436 
Dwight St., Suite 402 Springfield, MA 01101.
Massachusetts Department of Environmental Protection, Massachusetts 
Division of Water.
Pollution Control, Southeastern Regional Office, 20 Riverside Drive 
Lakeville, MA 02346.
Massachusetts Department of Environmental Protection Massachusetts 
Division of Water Pollution Control, Northeastern Regional Office, 10 
Commerce Way, Woburn, MA 01801.
Massachusetts Department of Environmental Protection, Massachusetts 
Division of Water Pollution Control, Central Regional Office, 75 Grove 
Street, Worcester, Massachusetts 01605.
    (2) Massachusetts Department of Environmental Protection, Office of 
Watershed Management, 40 Institute Road, North Grafton, MA 01536.
    c. Maine Department of Environmental Protection.
    State of Maine Department of Environmental Protection, Operation 
and Maintenance Division, State House, Station 17. Augusta, ME 04333.
    d. New Hampshire Department of Environmental Services.
    New Hampshire Department of Environmental Services, Water Supply 
and Pollution Control Division, Permits and Compliance Section; P.O. 
Box 95, Concord, New Hampshire 03302-0095.
C. Additional General Permit Conditions
1. Notification Requirements
    a. Written notification of commencement of operations including the 
legal names and addresses of the owners and operator and the locations, 
number and type of facilities and/or operations covered shall be 
submitted. 

[[Page 62461]]

    (1) For existing discharges within 180 days after the effective 
date of this permit, by operators whose facilities and/or operations 
are discharging into the general permit area on the effective date of 
the permit; or
    (2) For new or substantially increased discharges 30 days prior to 
commencement of the discharge by operators whose facilities and/or 
operations commence discharge subsequent to the effective date of this 
permit.
    b. Operators of facilities and/or operations within the general 
permits area who fail to notify the Director of their intent to be 
covered by this general permit and do not obtain written authorization 
of coverage are not authorized under this general permit to discharge 
from those facilities into the named receiving waters.
2. Termination of Operations
    Operators of facilities and/or operators 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 operator of the discharge has 
changed. The notice must be signed in accordance with the signatory 
requirements of 40 CFR Sec. 122.22.
3. Renotification
    Upon reissuance of a new general permit, the permittee is required 
to notify the Director of the intent to be covered by the new general 
permit.
4. 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 containing requirements 
applicable to such point source is approved; or
    (6) The point source(s) covered by this permit no longer:
    (a) Involves the same volume or substantially similar types of 
operations;
    (b) Discharges the same type 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.
    5. 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.

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 
Sec. 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 

[[Page 62462]]
penalties to which the permittee is or may be subject under Section 311 
of the CWA, or Section 106 of the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980 (CERCLA).
6. Property Rights
    The issuance of this permit does not convey any property rights of 
any sort, nor any exclusive privileges.
7. Confidentiality of Information
    a. In accordance with 40 CFR Part 2, any information submitted to 
EPA pursuant to these regulations may be claimed as confidential by the 
submitter. Any such claim must be asserted at the time of submission in 
the manner prescribed on the application form or instructions or, in 
the case of other submissions, by stamping the words ``confidential 
business information'' on each page containing such information. If no 
claim is made at the time of submission, EPA may make the information 
available to the public without further notice. If a claim is asserted, 
the information will be treated in accordance with the procedures in 40 
CFR Part 2 (Public Information).
    b. Claims of confidentiality for the following information will be 
denied:
    (i) The name and address of any permit applicant or permittee;
    (ii) Permit applications, permits, and effluent data as defined in 
40 CFR Sec. 2.302(a)(2).
    c. Information required by NPDES application forms provided by the 
Regional Administrator under Sec. 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 application at 
least l80 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, 

[[Page 62463]]
is final administrative action subject to judicial review.
    c. Conditions necessary for a demonstration of upset. A permittee 
who wishes to establish the affirmative defense of upset shall 
demonstrate, through properly signed, contemporaneous operating logs, 
or other relevant evidence that:
    (1) An upset occurred and that the permittee can identify the 
cause(s) of the upset;
    (2) The permitted facility was at the time being properly operated;
    (3) The permittee submitted notice of the upset as required in 
Paragraphs D.1.a and 1.e (24-hour notice); and
    (4) The permittee complied with any remedial measures required 
under B.3. above.
    d. Burden of proof. In any enforcement proceeding the permittee 
seeking to establish the occurrence of an upset has the burden of 
proof.
Section C. Monitoring and Records
1. Monitoring and Records
    a. Samples and measurements taken for the purpose of monitoring 
shall be representative of the monitored activity.
    b. Except for records of monitoring information required by this 
permit related to the permittee's sewage sludge use and disposal 
activities, which shall be retained for a period of at least five years 
(or longer as required by 40 CFR Part 503), the permittee shall retain 
records of all monitoring information, including all calibration and 
maintenance records and all original strip chart recordings for 
continuous monitoring instrumentation, copies of all reports required 
by this permit, and records of all data used to complete the 
application for this permit, for a period of at least 3 years from the 
date of the sample, measurement, report or application except for the 
information concerning storm water discharges which must be retained 
for a total of 6 years. This retention period may be extended by 
request of the Regional Administrator at any time.
    c. Records of monitoring information shall include:
    (1) The date, exact place, and time of sampling or measurements;
    (2) The individual(s) who performed the sampling or measurements;
    (3) The date(s) analyses were performed;
    (4) The individual(s) who performed the analyses;
    (5) The analytical techniques or methods used; and
    (6) The results of such analyses.
    d. Monitoring results must be conducted according to test 
procedures approved under 40 CFR Part 136 or, in the case of sludge use 
or disposal, approved under 40 CFR Part 136 unless otherwise specified 
in 40 CFR Part 503, unless other test procedures have been specified in 
the permit.
    e. The Clean Water Act provides that any person who falsifies, 
tampers with, or knowingly renders inaccurate any monitoring device or 
method required to be maintained under this permit shall, upon 
conviction, be punished by a fine of not more than $10,000, or by 
imprisonment for not more than 2 years, or both. If a conviction of a 
person is for a violation committed after a first conviction of such 
person under this paragraph, punishment is a fine of not more than 
$20,000 per day of violation, or by imprisonment of not more than 4 
years, or both.
2. Inspection and Entry
    The permittee shall allow the Regional Administrator, or an 
authorized representative (including an authorized contractor acting as 
a representative of the Administrator), upon presentation of 
credentials and other documents as may be required by law, to:
    a. Enter upon the permittee's premises where a regulated facility 
or activity is located or conducted, or where records must be kept 
under the conditions of this permit;
    b. Have access to and copy, at reasonable times, any records that 
must be kept under the conditions of this permit;
    c. Inspect at reasonable times any facilities, equipment (including 
monitoring and control equipment), practices, or operations regulated 
or required under this permit; and
    d. Sample or monitor at reasonable times, for the purposes of 
assuring permit compliance or as otherwise authorized by the Clean 
Water Act, any substances or parameters at any location.
Section D. Reporting Requirements
1. Reporting Requirements
    a. Planned changes. The permittee shall give notice to the Regional 
Administrator as soon as possible of any planned physical alterations 
or additions to the permitted facility. Notice is required only when:
    (1) The alteration or addition to a permitted facility may meet one 
of the criteria for determining whether a facility is a new source in 
40 CFR 122.29(b); or
    (2) The alteration or addition could significantly change the 
nature or increase the quantity of pollutants discharged. This 
notification applies to pollutants which are subject to the effluent 
limitations in the permit, nor to the notification requirements under 
40 CFR 122.42(a)(1).
    (3) The alteration or addition results in a significant change in 
the permittee's sludge use or disposal practices, and such alteration, 
addition or change may justify the application of permit conditions 
different from or absent in the existing permit, including notification 
of additional use or disposal sites not reported during the permit 
application process or not reported pursuant to an approved land 
application plan.
    b. Anticipated noncompliance. The permittee shall give advance 
notice to the Regional Administrator of any planned changes in the 
permitted facility or activity which may result in noncompliance with 
permit requirements.
    c. Transfers. This permit is not transferable to any person except 
after notice to the Regional Administrator. The Regional Administrator 
may require modification or revocation and reissuance of the permit to 
change the name of the permittee and incorporate such other 
requirements as may be necessary under the Clean Water Act. (See 
Sec. 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 

[[Page 62464]]
information shall be provided orally within 24 hours from the time the 
permittee becomes aware of the circumstances.
    A written submission shall also be provided within 5 days of the 
time the permittee becomes aware of the circumstances.
    The written submission shall contain a description of the 
noncompliance and its cause; the period of noncompliance, including 
exact dates and times, and if the noncompliance has not been corrected, 
the anticipated time it is expected to continue; and steps taken or 
planned to reduce, eliminate, and prevent reoccurrence of the 
noncompliance.
    (2) The following shall be included as information which must be 
reported within 24 hours under this paragraph.
    (a) Any unanticipated bypass which exceeds any effluent limitation 
in the permit. (See Sec. 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 Sec. 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 Sec. 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. 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) Pub. L. 92-500, as amended by Pub. L. 
95-217, Pub. L. 95-576, Pub. L. 96-483 and Pub. L. 97-117; 33 U.S.C. 
Secs. 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 

[[Page 62465]]
EPA. EPA will supply DMRs to any approved State upon request. The EPA 
national forms may be modified to substitute the State Agency name, 
address, logo, and other similar information, as appropriate, in place 
of EPA's.
    Discharge of a pollutant means:
    (a) Any addition of any ``pollutant'' or combination of pollutants 
to ``waters of the United States'' from any ``point source,'' or
    (b) Any addition of any pollutant or combination of pollutants to 
the waters of the ``contiguous zone'' or the ocean from any point 
source other than a vessel or other floating craft which is being used 
as a means of transportation.
    This definition includes additions of pollutants into waters of the 
United States from: surface runoff which is collected or channelled 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. 

[[Page 62466]]

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

cu. M/day or M3/day--cubic meters per day
mg/l--milligrams per liter
<greek-m>g/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 ion concentration
CFS--cubic feet per second
MGD--million gallons per day
Oil & Grease--Freon extractable material
ml/l--milliliter(s) per liter
Cl<INF>2 total residual chlorine.

[FR Doc. 95-29742 Filed 12-5-95; 8:45 am]
BILLING CODE 6560-50-P