19284 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices

of Spent Nuclear Fuel, High-Level and

Transuranic Radioactive Wastes’’)

published on February 9, 1996. The EPA

has developed a WIPP compliance

application guidance document that is

intended to be a companion to and

based upon the WIPP compliance

criteria. The EPA hereby announces that

the WIPP compliance application

guidance document is available to the

public. The guidance document

summarizes and, in some instances,

provides non-binding interpretations of

the final WIPP compliance criteria. In

developing the guidance document, the

EPA considered public comments on

the draft compliance application

guidance document that was announced

on October 18, 1995.

ADDRESSES: Copies of the compliance

application guidance document are

available to the public at EPA Docket

No. A–93–02 (Category II-B) maintained

at the following addresses: (1) room

1500 (first floor in the Waterside Mall

near the Washington Information

Center), U.S. Environmental Protection

Agency, Air Docket, 401 M Street, S.W.,

Washington, D.C. 20460 (open from 8:00

a.m. to 4:00 p.m. on weekdays); (2)

EPA’s docket in the Government

Publications Department of the

Zimmerman Library of the University of

New Mexico located in Albuquerque,

New Mexico (open from 8:00 a.m. to

9:00 p.m. on Monday through Thursday,

8:00 a.m. to 5:00 p.m. on Friday, 9:00

a.m. to 5:00 p.m. on Saturday, and 1:00

p.m. to 9:00 p.m. on Sunday); (3) EPA’s

docket in the Fogelson Library of the

College of Santa Fe, located at 1600 St.

Michaels Drive, Santa Fe, New Mexico

(open from 8:00 a.m. to 12:00 midnight

on Monday through Thursday, 8:00 a.m.

to 5:00 p.m. on Friday, 9:00 a.m. to 5:00

p.m. on Saturday and 1:00 p.m. to 9:00

p.m. on Sunday); and (4) EPA’s docket

in the Municipal Library of Carlsbad,

New Mexico, located at 101 South

Halegueno (open from 10:00 a.m. to 9:00

p.m. on Monday through Thursday,

10:00 a.m. to 6:00 p.m. on Friday and

Saturday, and 1:00 p.m. to 5:00 p.m. on

Sunday). As provided in 40 CFR Part 2,

a reasonable fee may be charged for

photocopying docket materials.

FOR FURTHER INFORMATION CONTACT:

Agnes Ortiz, U.S. Environmental

Protection Agency, Office of Radiation

and Indoor Air (6602J), 401 M Street,

S.W., Washington, D.C. 20460;

(202)233–9310.

SUPPLEMENTARY INFORMATION: The

Department of Energy is proposing to

use the Waste Isolation Pilot Plant

(WIPP), located in Eddy County, New

Mexico, as a deep geologic repository

for the disposal of transuranic

radioactive waste generated by nuclear

defense activities. The 1992 Waste

Isolation Pilot Plant Land Withdrawal

Act (Pub. L. No. 102–579) calls for EPA

to perform several regulatory activities

for the WIPP, including: (1) issuing

radioactive waste disposal standards; (2)

establishing criteria for EPA to

determine whether the WIPP complies

with the radioactive waste disposal

standards; and (3) certifying whether

DOE’s WIPP facility complies with the

disposal standards, based on a DOE

submitted compliance certification

application. See section 8 of the WIPP

Land Withdrawal Act. The WIPP Land

Withdrawal Act prohibits DOE from

commencing the emplacement of

transuranic waste for underground

disposal at the WIPP until EPA certifies

that the facility will comply with EPA’s

radioactive waste disposal standards.

See section 7(b) of the WIPP Land

Withdrawal Act.

EPA issued final radioactive waste

disposal standards, which are codified

at 40 CFR part 191. See 58 FR 66398

(Dec. 20, 1993). EPA also issued final

criteria, to be codified at 40 CFR part

194, for certifying whether the WIPP

facility will comply with EPA’s

radioactive waste disposal standards.

See 61 FR 5224 (Feb. 9, 1996) ‘‘Criteria

for the Certification and Recertification

of the Waste Isolation Pilot Plant’s

Compliance with the 40 CFR Part 191

Disposal Regulations’’. The public is

referred to the Federal Register notices

of December 20, 1993, and February 9,

1996, for more detailed information

about the EPA’s regulatory activities at

the WIPP.

The compliance application guidance

(CAG), the subject of this notice, is a

guidance document for the final

compliance criteria 40 CFR part 194.

The final compliance criteria provide

that EPA’s evaluation for certifying, by

rule, whether WIPP is in compliance

with the radioactive waste disposal

standards will be initiated after EPA

determines that DOE has submitted a

complete compliance certification

application. See, e.g., 61 FR 5238. The

CAG summarizes and interprets the

final criteria related to the contents of

the compliance certification application

and is intended to guide EPA’s

assessment of whether the DOE

compliance application is complete.

Because it is a non-binding, interpretive

document, the CAG is not subject to the

notice-and-comment rulemaking

requirements of the Administrative

Procedure Act, 5 U.S.C. 553.

As noted, the CAG will guide EPA’s

assessment of whether DOE’s

compliance certification application is

complete. If the compliance certification

application is found to be complete,

EPA will subsequently determine, by

rule, whether the WIPP facility is in

compliance with the EPA’s radioactive

waste disposal standards. See section 8

(d) of the WIPP Land Withdrawal Act.

EPA’s certification decision will be

made only after EPA reviews DOE’s

compliance certification application

based on the final compliance criteria,

and conducts a WIPP certification

proceeding in accordance with the

Administrative Procedure Act

rulemaking requirements at 5 U.S.C.

553. Thus, before the Administrator of

EPA makes any final WIPP certification

decision, EPA will issue a proposed

decision in the Federal Register and

provide an opportunity for public

comment on the proposal. The

subsequent final certification decision

by the Administrator will consider the

comments received in response to the

proposal and be accompanied with a

reply to significant public comments.

Dated: April 23, 1996.

Richard Wilson,

Acting Assistant Administrator, Office of Air

and Radiation.

[FR Doc. 96–10815 Filed 4–30–96; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5465–6]

National Pollutant Discharge

Elimination System (NPDES);

Preparation of Final General Permit for

the States of Maine, Massachusetts,

and New Hampshire

AGENCY: Environmental Protection

Agency.

ACTION: Notice; Preparation of Final

NPDES General Permits—MAG070000,

MEG070000, and NHG070000.

SUMMARY: The Regional Administrator

of the six states of New England is

issuing Notice of a Final 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 General Final 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
Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices 19285

of permit coverage and authorization to

discharge under the general permit.

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

final permits.

DATES: This general permit shall be

effective when issued and will expire

five years from the effective date. The

authorization to discharge shall become

effective upon notification by EPA that

the operator is covered under this

permit.

ADDRESSES: Notices of intent to be

authorized to discharge under these

permits should be sent to: U.S.

Environmental Protection Agency,

Municipal Assistance Section (CMU)

J.F.K. Federal Building, Boston, MA

02203.

The submittal of other information

required under these permits or

individual permit applications should

be sent to the above address.

FOR FURTHER INFORMATION CONTACT:

Suprokash Sarker, Office of Ecosystem

Protection, Massachusetts State

Program, Environmental Protection

Agency, J.F. Kennedy Federal Building.

Boston, Massachusetts 02203,

Telephone (617) 565–4878.

FACT SHEET AND SUPPLEMENTARY

INFORMATION:

I. Introduction

The Regional Administrator of the six

states of New England is issuing final

general permit for effluent discharges

from construction dewatering facilities

to certain waters of the States of Maine,

Massachusetts, and New Hampshire.

This notice contains two sets of

appendices. Appendix A summarizes

EPA’s response to major comments

received on the draft general permits

published on December 6, 1995 (60 FR

62456). Appendix B contains the final

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

§ 122.28 48 FR 14146, April 1, 1983.)

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

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;

7. If endangered species are present.

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

122.26(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 100 gpm and up to 690

gpm.

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 final

general permit. 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
19286 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices

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 basis 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 Ceriodaphnia dubia for fresh water and seaurchin 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. The permit will be

automatically effective after 30 days of

the complete notification if EPA or State

fail to issue or deny the permit within

this period.

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

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-bycase basis under section 402(a)(1) of the

Act, should be included in the permit.

The Clean Water Act requires that all

discharges, at a minimum, must meet

effluent limitations based on the

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.

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 runoff. 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.
Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices 19287

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 species, or its critical

habitat, are not authorized under this

general permit. The EPA has consulted

with the Fish and Wildlife Service, and

the National Marine Fisheries Service,

for listed species.

The Fish and Wildlife Service has

indicated that the dwarf wedge mussel

(Alsmidonta heterodon), a Federally

listed endangered species, is now

known to occur in the Asholot River in

Keene and Surry, New Hampshire; the

South Branch of the Ashuelot River in

East Swanzey, New Hampshire; the

mainstem of the Connecticut River from

North Lancaster south to Dalton, New

Hampshire; from Lebanon New

Hampshire South to Weathersfield Bow,

Vermont; the Mill River in

Easthampton, Massachusetts; the Mill

River in Whately, Massachusetts (a

different Mill River). Permittees with

discharges that may affect the dwarf

wedgemussel should contact the New

England Field Office of the Fish and

Wildlife Service, 22 Bridge Street, Unit

#1, Concord, New Hampshire 03301-

4986. The above list may change time to

time. The U.S. Fish and Wildlife Service

and the National Marine Fisheries

Service will notify EPA for any new

listings.

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.

A distinct population segment of

Atlantic Salmon in seven Maine rivers

has been proposed for threatened status

under the ESA. That proposed rule was

published jointly by the NMFS and the

FWS on September 29, 1995. The

Atlantic salmon populations proposed

for listing are present in the Sheepscot,

Ducktrap, Narraguagus, Pleasant,

Machias, East Machias, and Dennys

Rivers. Either NMFS (Mary Colligan,

508–291–9116) or FWS can serve as

point of contact for that species.

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

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 be 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 § 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 any listed endangered or

threatened species or designated critical

habitat. The U.S. Fish and Wildlife

Service and the National Marine

Fisheries will notify the EPA of any new

listings, reclassifications or new

locations within the permit area, as they

occur. At that point additional

consultation will be performed with

these services. The permit may be

reopened in accordance with 40CFR

122.44(c) to accommodate the changes if

necessary. U.S. Fish and Wildlife and

the National Marine Fisheries have

concluded that these discharges are not

likely to adversely affect the protected

species.
19288 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices

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

NPDES permits under the Paperwork

Reduction Act of 1980, 44 U.S.C. 3501

et seq. The information collection

requirements of these 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: April 19, 1996.

John P. DeVillars,

Regional Administrator.

Appendix A—Summary of Responses to

Public Comments on the December 6,

1995 Draft General Permit

Based on comments from the State of

Massachusetts under Section II, the criteria of

flow has been added up to 690 gpm. Based

on comments of the U.S. Fish and Wildlife

and National Marine Fisheries under section

III F and V6, some portions have been revised

and some portions are added to fulfill their

requirements. Although EPA has received the

comments from the National Marine

Fisheries after the thirty day deadline period

as required in the Public Notice, EPA has coordinated their comments in the final permit.

Appendix B—Final 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 on

the day it is published in the Federal

Register.

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 12th day of April 1996.

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,

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:

Effluent characteristic

Discharge limitations Monitoring requirements—

measurement 2

Avg.

monthly

Max.

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.

Footnotes:

1 Requirement for the State Certification.

2Samples shall be taken only when discharging.
Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices 19289

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

established 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. NPDES Program (SPA), 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.

(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 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:
19290 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices

(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 § 122.41(a)(2) for additional

enforcement criteria.

c. Any person may be assessed an

administrative penalty by the

Administrator for violating Sections

301, 302, 306, 307, 308, 318, or 405 of

the CWA, or any permit condition or

limitation implementing any of such

sections in a permit issued under

Section 402 of the CWA. Administrative

penalties for Class I violations are not to

exceed $10,000 per violation, with the

maximum amount of any Class I penalty

assessed not to exceed $25,000.

Penalties for Class II violations are not

to exceed $10,000 per day for each day

during which the violation continues,

with the maximum amount of any Class

II penalty not to exceed $125,000.

2. Permit Actions

This permit may be modified, revoked

and reissued, or terminated for cause.

The filing of a request by the permittee

for a permit modification, revocation

and reissuance, or termination, or a

notification of planned changes or

anticipated noncompliance does not

stay any permit condition.

3. Duty To Provide Information

The permittee shall furnish to the

Regional Administrator, within a

reasonable time, any information which

the Regional Administrator may request

to determine whether cause exists for

modifying, revoking and reissuing, or

terminating this permit, or to determine

compliance with this permit. The

permittee shall also furnish to the

Regional Administrator, upon request,

copies of records required to be kept by

this permit.

4. Reopener Clause

The Regional Administrator reserves

the right to make appropriate revisions

to this permit in order to establish any

appropriate effluent limitations,

schedules of compliance, or other

provisions which may be authorized

under the CWA in order to bring all

discharges into compliance with the

CWA.

5. Oil and Hazardous Substance

Liability

Nothing in this permit shall be

construed to preclude the institution of

any legal action or relieve the permittee

from any responsibilities, liabilities, or

penalties to which the permittee is or

may be subject under Section 311 of the

CWA, or Section 106 of the

Comprehensive Environmental

Response, Compensation and Liability

Act of 1980 (CERCLA).

6. Property Rights

The issuance of this permit does not

convey any property rights of any sort,

nor any exclusive privileges.

7. Confidentiality of Information

a. In accordance with 40 CFR Part 2,

any information submitted to EPA

pursuant to these regulations may be

claimed as confidential by the

submitter. Any such claim must be

asserted at the time of submission in the

manner prescribed on the application

form or instructions or, in the case of

other submissions, by stamping the

words ‘‘confidential business

information’’ on each page containing

such information. If no claim is made at

the time of submission, EPA may make

the information available to the public

without further notice. If a claim is

asserted, the information will be treated

in accordance with the procedures in 40

CFR Part 2 (Public Information).

b. Claims of confidentiality for the

following information will be denied:

(i) The name and address of any

permit applicant or permittee;

(ii) Permit applications, permits, and

effluent data as defined in 40 CFR

§ 2.302(a)(2).

c. Information required by NPDES

application forms provided by the

Regional Administrator under § 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 180 days before the

expiration date of the existing permit,

unless permission for a later date has
Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices 19291

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 noncompliance with technology-based

permit effluent limitations because of

factors beyond the reasonable control of

the permittee. An upset does not

include noncompliance to the extent

caused by operational error, improperly

designed treatment facilities, inadequate

treatment facilities, lack of preventive

maintenance, or careless or improper

operation.

b. Effect of an upset. An upset

constitutes an affirmative defense to an

action brought for noncompliance with

such technology-based permit effluent

limitations if the requirements of

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

No determination made during

administrative review of claims that

noncompliance was caused by upset,

and before an action for noncompliance,

is final administrative action subject to

judicial review.

c. Conditions necessary for a

demonstration of upset. A permittee

who wishes to establish the affirmative

defense of upset shall demonstrate,

through properly signed,

contemporaneous operating logs, or

other relevant evidence that:

(1) An upset occurred and that the

permittee can identify the cause(s) of

the upset;

(2) The permitted facility was at the

time being properly operated;

(3) The permittee submitted notice of

the upset as required in Paragraphs D.

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

(4) The permittee complied with any

remedial measures required under B.3.

above.

d. Burden of proof. In any

enforcement proceeding the permittee

seeking to establish the occurrence of an

upset has the burden of proof.

Section C. Monitoring and Records

1. Monitoring and Records

a. Samples and measurements taken

for the purpose of monitoring shall be

representative of the monitored activity.

b. Except for records of monitoring

information required by this permit

related to the permittee’s sewage sludge

use and disposal activities, which shall

be retained for a period of at least five

years (or longer as required by 40 CFR

Part 503), the permittee shall retain

records of all monitoring information,

including all calibration and

maintenance records and all original

strip chart recordings for continuous

monitoring instrumentation, copies of

all reports required by this permit, and

records of all data used to complete the

application for this permit, for a period

of at least 3 years from the date of the

sample, measurement, report or

application except for the information

concerning storm water discharges

which must be retained for a total of 6

years. This retention period may be

extended by request of the Regional

Administrator at any time.

c. Records of monitoring information

shall include:
19292 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices

(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 § 122.61; in some cases,

modification or revocation and

reissuance is mandatory.)

d. Monitoring reports. Monitoring

results shall be reported at the intervals

specified elsewhere in this permit.

(1) Monitoring results must be

reported on a Discharge Monitoring

Report (DMR) or forms provided or

specified by the Regional Administrator

for reporting results of monitoring of

sludge use or disposal practices.

(2) If the permittee monitors any

pollutant more frequently than required

by the permit using test procedures

approved under 40 CFR Part 136 or, in

the case of sludge use or disposal,

approved under 40 CFR Part 136 unless

otherwise specified in 40 CFR Part 503,

or as specified in the permit, the results

of this monitoring shall be included in

the calculation and reporting of the data

submitted in the DMR or sludge

reporting form specified by the Regional

Administrator.

(3) Calculations for all limitations

which require averaging of

measurements shall utilize an

arithmetic mean unless otherwise

specified by the Regional Administrator

in the permit.

e. Twenty-four hour reporting.

(1) The permittee shall report any

noncompliance which may endanger

health or the environment. Any

information shall be provided orally

within 24 hours from the time the

permittee becomes aware of the

circumstances.

A written submission shall also be

provided within 5 days of the time the

permittee becomes aware of the

circumstances. The written submission

shall contain a description of the

noncompliance and its cause; the period

of noncompliance, including exact dates

and times, and if the noncompliance has

not been corrected, the anticipated time

it is expected to continue; and steps

taken or planned to reduce, eliminate,

and prevent reoccurrence of the

noncompliance.

(2) The following shall be included as

information which must be reported

within 24 hours under this paragraph.

(a) Any unanticipated bypass which

exceeds any effluent limitation in the

permit. (See § 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

§ 122.44(g))

(3) The Regional Administrator may

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

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

within 24 hours.

f. Compliance Schedules. Reports of

compliance or noncompliance with, or

any progress reports on, interim and

final requirements contained in any

compliance schedule of this permit

shall be submitted no later than 14 days

following each schedule date.

g. Other noncompliance. The

permittee shall report all instances of

noncompliance not reported under

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

section, at the time monitoring reports

are submitted. The reports shall contain

the information listed in Paragraph

D.1.e of this section.

h. Other information. Where the

permittee becomes aware that it failed to

submit any relevant facts in a permit

application, or submitted incorrect

information in a permit application or

in any report to the Regional
Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices 19293

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 § 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. §§ 1251 et seq.

Daily Discharge means the discharge

of a pollutant measured during a

calendar day or any 24-hour period that

reasonably represents the calendar day

for purposes of sampling. For pollutants

with limitations expressed in units of

mass, the daily discharge is calculated

as the total mass of the pollutant

discharged over the day. For pollutants

with limitations expressed in other

units of measurements, the daily

discharge is calculated as the average

measurement of the pollutant over the

day.

Director means the person authorized

to sign NPDES permits by EPA and/or

the State.

Discharge Monitoring Report Form

(DMR) means the EPA standard national

form, including any subsequent

additions, revisions, or modifications,

for the reporting of self-monitoring

results by permittees. DMRs must be

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

EPA. EPA will supply DMRs to any

approved State upon request. The EPA

national forms may be modified to

substitute the State Agency name,

address, logo, and other similar

information, as appropriate, in place of

EPA’s.

Discharge of a pollutant means:

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

combination of pollutants to ‘‘waters of

the United States’’ from any ‘‘point

source,’’ or

(b) Any addition of any pollutant or

combination of pollutants to the waters

of the ‘‘contiguous zone’’ or the ocean

from any point source other than a

vessel or other floating craft which is

being used as a means of transportation.

This definition includes additions of

pollutants into waters of the United

States from: surface runoff which is

collected or 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
19294 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices

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 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.
Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices 19295

Wetlands means those areas that are

inundated or saturated by surface or

ground water at a frequency and

duration sufficient to support, and that

under normal circumstances do support,

a prevalence of vegetation typically

adapted for life in saturated soil

conditions. Wetlands generally include

swamps, marshes, bogs, and similar

areas.

2. Abbreviations when used in this

permit are defined below:

cu. M/day or M3/day—cubic meters per

day

mg/l—milligrams per liter

ug/l—micrograms per liter

lbs/day—pounds per day

kg/day—kilograms per day

Temp. °C—temperature in degrees

Centigrade

Temp. °F—temperature in degrees

Fahrenheit

Turb.—turbidity measured by the

Nephelometric Method (NTU)

pH—a measure of the hydrogen ion

concentration

CFS—cubic feet per second

MGD—million gallons per day

Oil & Grease—Freon extractable

material

ml/l—milliliter(s) per liter

Cl2—total residual chlorine

[FR Doc. 96–10813 Filed 4–30–96; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

[Report No. 2128]

Petitions for Reconsideration,

Clarification and Stay of Actions in

Rulemaking Proceedings

April 17, 1996.

Petitions for reconsideration,

clarification and stay have been filed in

the Commission rulemaking

proceedings listed in this Public Notice

and published pursuant to 47 CFR

Section 1.429(e). The full text of these

documents are available fore viewing

and copying in Room 239, 1919 M

Street, N.W., Washington, D.C. or may

be purchased from the Commission’s

copy contractor ITS, Inc. (202) 857–

3800. Opposition to this petition must

be filed May 7, 1996. See Section

1.4(b)(1) of the Commission’s rules (47

CFR 1.4(b)(1)). Replies to an opposition

must be filed within 10 days after the

time for filing oppositions has expired.

Subject: Petition for Declaratory Ruling

by the Inmate Calling Services

Providers Task Force (RM–8181).

Number of Petitions Filed: 2.

Subject: Amendment of Section

73.202(b), Table of Allotments, FM

Broadcast Stations. (Farmington,

Grass Valley, Jackson Linden,

Placerville and Fair Oaks, California

and Carson City and Sun Valley,

Nevada) (MM Docket No. 90–189,

RM–6904, RM–7114, RM–7186, RM–

7415, RM–7298). Number of Petitions

Filed: 1.

Subject: Implementation of Sections of

the Cable Television Consumer

Protection and Competition Act of

1992—Rate Regulation (MM Docket

No. 93–215). Adoption of a Uniform

Accounting System for Provision of

Regulated Cable Service (CS Docket

No. 94–28). Number of Petitions

Filed: 2.

Subject: Amendment of the

Commission’s Rules to Establish

Rules and Policies Pertaining to a

Mobile Satellite Service in the 1610—

1626.5/2483.5—2500 MHz Frequency

Band (CC Docket No. 92–166).

Number of Petitions Filed: 3.

Subject: Streamlining the Commission’s

Antenna Structure Clearance and

Revision of Part 17 of the

Commission’s Rules Concerning

Construction, Marking, and Lighting

of Antenna Structures (WT Docket

No. 95–5). Number of Petitions Filed:

2.

Subject: Toll Free Service Access Codes

(CC Docket No. 95–155). Number of

Petitions Filed: 1.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96–9746 Filed 4–30–96; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Office of the Secretary

Findings of Scientific Misconduct

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

SUMMARY: Notice is hereby given that

the Office of Research Integrity (ORI)

has made final findings of scientific

misconduct in the following case:

Andrew Friedman, M.D., Harvard

Medical School

Based on a report from Harvard

Medical School and Dr. Friedman’s

admission, ORI found that Andrew

Friedman, M.D., former Harvard

Medical School Associate Professor of

Obstetrics, Gynecology, and

Reproductive Biology at the Brigham

and Women’s Hospital, committed

scientific misconduct by falsifying and

fabricating data in research supported in

part by a Public Health Service (PHS)

grant to the Brigham and Women’s

Hospital General Clinical Research

Center.

Between 1992 and 1995, Dr. Friedman

altered and fabricated information in

permanent patient medical records and

notes by changing dates, changing and

adding text, and fabricating notes for

clinical visits that did not occur. Dr.

Friedman admitted that he had falsified

and fabricated approximately 80 percent

of the data in research reports published

in Fertility and Sterility (Friedman, A.J.

and Thomas, P.P. ‘‘Gonadotrophinreleasing hormone agonist plus

estrogen-progestin ‘add-back’ therapy

for endometriosis-related pelvic pain.’’

Fertility and Sterility 30:236–41, 1993.),

in Obstetrics and Gynecology

(Friedman, A.J. and Thomas P.P. ‘‘Does

low-dose combination oral

contraceptive use affect uterine size or

menstrual flow in premenopausal

women with leiomyomas?’’ Obstetrics

and Gynecology, pp. 631–635, 1995.),

and in an unpublished manuscript.

Dr. Friedman has entered into a

Voluntary Exclusion Agreement with

ORI in which he has voluntarily agreed:

(1) To exclude himself from any

contracting or subcontracting with any

agency of the United States Government

and from eligibility for, or involvement

in, nonprocurement transactions (e.g.,

grants and cooperative agreements) of

the United States Government, as

defined in 45 C.F.R. Part 76 and 48

C.F.R. Subparts 9.4 and 309.4

(Debarment Regulations) for a period of

three (3) years beginning April 19, 1996;

(2) That for a period of two (2) years

immediately following the three (3) year

voluntary exclusion above, any

institution that submits an application

for PHS support for a research project

on which Dr. Friedman’s participation

is proposed or that uses him in any

capacity on PHS supported research

must concurrently submit a plan for

supervision of his duties; the

supervisory plan must be designed to

ensure the scientific integrity of Dr.

Friedman’s research contribution, and

the institution must submit a copy of

the plan to ORI; and

(3) To exclude himself from serving in

any advisory capacity to PHS, including

but not limited to service on any PHS

advisory committee, board, and/or peer

review committee, or as a consultant for

a period of three (3) years beginning

April 19, 1996.

The voluntary exclusion in (1) above

shall not apply to Dr. Friedman’s future

training or practice of clinical medicine

whether as a medical student, resident,

fellow, or licensed practitioner, as the