[Federal Register Volume 59, Number 81 (Thursday, April 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9938]


[Federal Register: April 28, 1994]


_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



Final NPDES General Permits for Non-Contact Cooling Water Discharges; 
ME, MA, NH; Notice
ENVIRONMENTAL PROTECTION AGENCY

[FR L-4877-9]


Final NPDES General Permits for Non-Contact Cooling Water 
Discharges in the States of Maine, Massachusetts, and New Hampshire

AGENCY: Environmental Protection Agency.

ACTION: Notices of final NPDES general permits--MAG250000, MEG250000, 
and NHG250000.

-----------------------------------------------------------------------

SUMMARY: The Regional Administrator of Region I is issuing final 
National Pollutant Discharge Elimination System (NPDES) general permits 
for non-contact cooling water discharges to certain waters of the 
States of Maine, Massachusetts, and New Hampshire. These general NPDES 
permits establish notice of intent (NOI) requirements, effluent 
limitations, standards, prohibitions and management practices for 
facilities with discharges authorized by the permit.
    Owners and/or operators of facilities discharging non-contact 
cooling water will be required to submit to EPA, Region I, a notice of 
intent to be covered by the appropriate general permit within 180 days 
of the effective date of this permit and will receive a written 
notification from EPA of permit coverage and authorization to discharge 
under one of the general permits.

DATES: This general permit shall be effective on May 31, 1994 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 by this permit.

ADDRESSES: Notices of intent to be authorized to discharge under these 
permits should be sent to: U.S. Environmental Protection Agency, NPDES 
Program Operations Section, P.O. Box 8127, Boston, Massachusetts 02114.
    The submittal of other information required under these permits or 
individual permit applications should be sent to the above address.

FOR FURTHER INFORMATION CONTACT:
Sharon Leitch, U.S. EPA Region I, Wastewater Management Branch, Water 
Management Division-WMN, John F. Kennedy Federal Building, Boston, MA 
02203, telephone: 617-565-3566.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The Regional Administrator of Region I is issuing final general 
permits for non-contact cooling water discharges 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 September 15, 1992 (57 FR 42572). Appendix B contains the 
final general NPDES permits 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 unless 
such a discharge is otherwise authorized by the Act. Although such 
permits to date have generally been issued to individual discharges in 
Region I, 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 pollution 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 no 
later than 90 days after publication by EPA of the final general permit 
in the Federal Register. 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 
non-contact cooling water covered by these general permits unless it 
can be clearly demonstrated that inclusion under the general permit is 
inappropriate.
    The Director may consider the issuance of individual permits when:
    1. The discharger is not in compliance with the terms and 
conditions of the general permit;
    2. A change has occurred in the availability of demonstrated 
technology or practices for the control or abatement of pollutants 
applicable to the point source;
    3. Effluent limitations guidelines are subsequently promulgated for 
the point sources covered by the general NPDES permit;
    4. A Water Quality Management plan containing requirements 
applicable to such point sources is approved; or
    5. 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;
    6. The discharge(s) is a significant contributor of pollution.
    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.

III. Description of Non-Contact Cooling Water Discharges

    The proposed general permits are for: (1) Massachusetts operators 
of any facilities with non-contact cooling water discharges; (2) Maine 
operators of facilities with non-contact cooling water discharges; (3) 
New Hampshire operators of any facilities with non-contact cooling 
water discharges.
    Non-contact cooling water is water used to reduce temperature which 
does not come into direct contact with any raw material, intermediate 
product, waste product (other than heat) or finished product. Non-
contact cooling water discharges are similar in composition even though 
they are not generated by a single industrial category or point source.
    The similarity of the discharges has prompted EPA to prepare this 
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 the similarity of (a) 
environmental conditions, (b) State regulatory requirements applicable 
to the discharges and receiving waters, and (c) technology employed.
    In the State of Maine there are 271 industrial applicants or 
permittees. It is estimated that 12 of the industries that have direct 
discharges to the waters of the State are strictly non-contact cooling 
water. In the State of New Hampshire there are 178 industrial 
applications or permittees. It is estimated that over 30 of the 
industries that have direct discharges to the waters of the State are 
strictly non-contact cooling water. In the Commonwealth of 
Massachusetts there are 651 industrial applicants or permittees. It is 
estimated that over 200 of the industries that have direct discharges 
to the waters of the State are strictly non-contact cooling water.

IV. Conditions of the General NPDES Permit

A. Geographic Areas

    Maine (Permit No. MEG250000). All of the discharges to be 
authorized by the general NPDES permit for dischargers located in the 
State of Maine are into all waters of the State unless otherwise 
restricted by Title 38, Article 4-A, Water Classification Program (or 
as revised).
    Massachusetts (Permit No. MAG250000). All of the discharges to be 
authorized by the general NPDES permit for dischargers in the 
Commonwealth of Massachusetts are into all waters of the Commonwealth 
unless otherwise restricted by the Massachusetts Surface Water Quality 
Standards, 314 CMR 4.00 (or as revised), including 314 CMR 4.04(3) 
Protection of Outstanding Resource Waters.
    New Hampshire (Permit No. NHG250000). All of the discharges to be 
authorized by the general NPDES permit for dischargers in the State of 
New Hampshire are into all waters of the State of New Hampshire unless 
otherwise restricted by the State Water Quality Standards, New 
Hampshire RSA 485-A:8 (or as revised).

B. Notification by Permittees

    Operators of facilities whose discharge, or discharges, are non-
contact cooling water and whose facilities are located in the 
geographic areas described in Part IV.A. above may submit to the 
Regional Administrator, Region I, a notice of intent to be covered by 
the appropriate general permit within 180 days of the effective date of 
the general permit. This written notification must include the owner's 
or operator's legal name and address; the facility name and address; 
the number and type of facilities to be covered; the facility 
location(s); a topographic map (or other map if a topographic map is 
not available) indicating the facility location(s); the name(s) of the 
receiving waters into which discharge will occur; a determination as to 
whether or not the facility discharge will adversely affect a listed or 
proposed to be listed endangered or threatened species or its critical 
habitat (See Part E.); and in the State of Maine, only, a special list 
of water treatment chemicals used by the facility.
    Facilities located in Massachusetts or New Hampshire that intend to 
be covered under this general permit must also submit a formal 
certification with the notice of intent that no chemical additives are 
used in their non-contact cooling water systems.
    Each facility must also certify that the discharge consists solely 
of non-contact cooling water, no other waste stream discharges will be 
permitted under this general permit.
    Each facility must also submit a copy of the notice of intent to 
each State authority as appropriate (see individual state permits for 
appropriate authority and address).
    The facilities authorized to discharge under the final general 
permit will receive written notification from EPA, Region I, with State 
concurrence. Failure to submit to EPA, Region I, a notice of intent to 
be covered and/or failure to receive from EPA written notification of 
permit coverage means that the facility is not authorized to discharge 
under this general permit.

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 establised 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 is as expeditiously as practicable but in no case later than three 
years after the date such limitations are promulgated and in no case 
later than March 31, 1989.
2. Technology-Based Effluent Limitations
    EPA has not promulgated National Effluent Guidelines for non-
contact cooling water discharges. For a category where Guidelines have 
been promulgated, such as steam electric generating stations (see 40 
CFR part 423), 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 (BPJ) 
to meet the above stated criteria for BAT/BCT described in section 
304(b) of the Act.
    The pH has been defined as a conventional pollutant. A review of 
the BCT regulations reveals the test cost is inappropriate because: (1) 
The pH is not adjusted as nothing but heat is added to the discharge 
and no chemical addition, unless approved by the State of Maine, or 
treatment is provided, and (2) pH, even though it is a conventional 
pollutant, is not measured in pounds as the other conventional 
pollutants.
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 Sec. 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. Nevertheless, toxic effects may still occur as a result of toxic 
source water or due to dissolution of the piping in the cooling water 
systems.
    Non-contact cooling water discharges do not contain or come in 
contact with raw materials, intermediate products, finished products, 
or process wastes. Therefore, it could be assumed that the discharges 
do not contain toxic or hazardous pollutants or oil and grease. 
However, based on the previous statement regarding potential source 
water toxicity, these discharges may violate water quality criteria 
established for toxic or hazardous pollutants in which case an 
individual permit would be required.
    Water quality standards applicable to non-contact cooling water 
discharges covered by this general permit include pH and temperature. 
EPA has reviewed the water quality standards for pH and temperature of 
each of the States and has incorporated the appropriate effluent 
limitations into each permit.
4. 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.
    This general permit will not apply to any new or increased 
discharge unless it can be determined that such discharges will result 
in insignificant effects to the receiving waters. This determination 
shall be made in accordance with the appropriate State Antidegradation 
Policies.

D. Monitoring and Reporting Requirements

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

E. Endangered Species

    Non-contact cooling water 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 (Alasmidonta 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 brevirostrum) 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 01930-2298.

F. 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.

V. State (401) Certification

    Section 401 of the CWA provides that no Federal license or permit, 
including NPDES permits, to conduct any activity that may result in any 
discharge into navigable waters shall be granted until the State in 
which the discharge originates certifies that the discharge will comply 
with the applicable provisions of sections 301, 302, 303, 306, and 307 
of the CWA. The section 401 certification process has been completed 
for all States covered by today's general permit. The following summary 
indicates where additional permit requirements have been added as a 
result of the certification process.
    The following changes apply to all States. Part III (Part I.B.1. in 
the draft permit) Description of Non-Contact Cooling Water Discharges 
has been changed to include non-contact cooling water instead of just 
cooling water in the description. Part IV.A. (Part II.A. in the draft) 
Geographic Areas has been changed to include specific reference to all 
state water quality standards which would apply to the discharges 
covered under the permit. Part IV.B. (Part II.B. in the draft) 
Notification by Permittees has been modified to include specific State 
requirements (see final permit).
    Massachusetts: see Appendix B, Massachusetts General Permit. Under 
Part I.A.1. (Appendix A., Number 1, Part I.A.1. in the draft) the State 
has included a provision for the flow requirements in the final permit. 
The provision allows for a discharge flow of greater than 1 MGD to be 
covered under the general permit on a case by case basis as determined 
by the State (see footnote in final permit). The discharge limitations 
for pH have been modified to include the requirements specific to each 
water classification type (see Part I.A.i. or j. in the final permit). 
LC50 & C-NOEC, the testing requirements for whole effluent 
toxicity (WET), have been changed. WET testing will only be required 
upon request by EPA and/or the State (see Part I.A.1.k. of the final 
permit). Parts I.A.1.b, c, d & e have been added to the final permit, 
these provisions are specific to the temperature exceedence allowances 
in accordance with the State water quality standards. Any requirements 
referring to Class C or SC water bodies found in the draft general 
permit have been deleted since there are no Class C or SC segments in 
the State.
    New Hampshire: see Appendix B, New Hampshire General Permit. Under 
Part I.A.1. (Appendix A., Section c., Part I.A.1. in the draft) the 
temperature limit and designation for a warm water fishery have been 
added under Part I.A.1.a. The reference for pH has been changed to 
include specific State permit conditions (see Part I.B. of the final 
permit). LC50 & C-NOEC, the testing requirements for whole 
effluent toxicity (WET), have been changed. WET testing will only be 
required upon request by EPA and/or the State (see Part I.A.1.f. of the 
final permit).

VI. 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 an 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. Secs. 1451 et 
seq., and its implementing regulations [15 CFR Part 930] require that 
any federally licensed activity affecting the coastal zone with an 
approved Coastal Zone Management Program (CZMP) be determined to be 
consistent with the CZMP. EPA, Region I, has determined that these 
general NPDES permits are consistent with the CZMP. EPA has received 
consistency from the Massachusetts, Maine, and New Hampshire coastal 
zone agencies for a determination that these three permits are 
consistent with their respective State policies.

C. The Endangered Species Act

    EPA Region I has concluded that the existing discharges that obtain 
coverage under this general NPDES permit will not affect or jeopardize 
the continued existence of any endangered or threatened species or 
adversely affect its critical habitat. EPA has submitted a ``no-
effect'' determination to the U.S. Fish and Wildlife Service and the 
National Marine Fisheries Service to confirm this conclusion.

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. Secs. 1273 et seq., the 
National Historic Preservation Act of 1966, 16 U.S.C Secs. 470 et seq., 
the Fish and Wildlife Coordination Act, 16 U.S.C. Secs. 661 et seq., 
and the National Environmental Policy Act, 33 U.S.C. Secs. 4321 et 
seq., do not apply to the issuance of these general NPDES permits.

VII. 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. Secs. 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. Sec. 605(b), 
that these permits do not have a significant impact on a substantial 
number of small entities. Moreover, the draft permits will reduce a 
significant administrative burden on regulated sources.

    Dated: April 6, 1994.
John P. DeVillars,
Regional Administrator.

Appendix A--Summary of Responses to Public Comments on the 
September 15, 1992, Draft General Permits

    One commenter expressed concern that the general permits 
eliminate all effective water treatment programs for non-contact 
cooling systems and that the permits surmised that additives used to 
control biological growth (biocides) are inherently toxic to aquatic 
life. The commenter suggested that EPA more fully review all the 
technical aspects of operating and maintaining cooling tower systems 
before issuing the permit.
    As stated in the permit, the purpose of general permits is to 
extend environmental and regulatory controls to a large number of 
discharges and reduce some permit backlog. It is a mechanism through 
which the Region can properly regulate many of the minor non-contact 
cooling water discharges, it can provide quick coverage to a large 
number facilities. Time and resources do not allow for individual 
review of each of the facilities cooling water systems and the types 
of additives used. If a facility wishes it may apply for an 
individual permit which can address this issue separately.
    One commenter from New Hampshire expressed concern regarding the 
pH requirements for the permit, the commenter was concerned that 
excursions of pH caused by precipitation or intake water are not 
allowed.
    The final permit requirements for New Hampshire do allow for pH 
excursions due to natural causes as part of the State Surface Water 
Quality Regulations (see the New Hampshire general permit, Part B, 
State Permit Conditions).

Appendix B--Final General Permits Under the National Pollutant 
Discharge Elimination System (NPDES).

    Note: The following three general NPDES permits have been 
combined for purposes of this Federal Register. Parts I.A. and I.B. 
of the permits are specific for each state. Parts I.C. and I.D. are 
common to all three permits.

Massachusetts General Permit, Permit No. MAG250000

    In compliance with the provisions of the Federal Clean Water 
Act, as amended, (33 U.S.C. Secs. 1251 et seq.; the ``CWA''), and 
the Massachusetts Clean Waters in Massachusetts, which discharge 
solely non-contact cooling water, as previously defined in Part III, 
to the classes of waters as designated in the Massachusetts Water 
Quality Standards, 314 CMR 4.00 et seq.; are authorized to discharge 
to all waters, unless otherwise restricted, in accordance with 
effluent limitations, monitoring requirements and other conditions 
set forth herein.
    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.
    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 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 or 
areas named.

    Signed this 6th day of April, 1994.
David A. Fierra,
Director, Water Management Division, Environmental Protection Agency, 
Boston, MA.
Andrew Gottlieb,
Director, Office of Watershed Management, Bureau of Resource 
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 of non-contact cooling water to a drainage basin 
classified as a warm or cold water fishery as designated below.
    a. Such discharges shall be limited and monitored by the 
permittee as specified below:

----------------------------------------------------------------------------------------------------------------
                           Discharge limitations other units (specify)            Monitoring requirements       
       Effluent       ------------------------------------------------------------------------------------------
    characteristic                                                              Measurement                     
                             Avg. Monthly               Max. Daily               frequency         Sample type  
----------------------------------------------------------------------------------------------------------------
Flow.................  ........................  1.0 MGD*................  Quarterly...........  Totalized      
                                                                                                  daily.        
Temperature:                                                                                                    
    Warm water         ........................  83 deg.F(28.3 deg.C)....  Quarterly...........  4 grabs,       
     fishery**.                                                                                   reporting     
                                                                                                  maximum and   
                                                                                                  average.      
    Cold water         ........................  68 deg.F (20 deg.C).....  ....................  ...............
     fishery**.                                                                                                 
pH...................  (\1\)...................  (\1\)...................  Quarterly...........  4 grabs        
                                                                                                  reporting     
                                                                                                  maximum and   
                                                                                                  minimum       
                                                                                                  values.       
LC50 & C-NOEC, %.....  (\1\)...................  (\2\)...................  ....................  24-hour        
                                                                                                  composite.    
----------------------------------------------------------------------------------------------------------------
*The State may allow coverage under the general permit for discharges greater than 1.0 MGD on a case by case    
  basis.                                                                                                        
**The definition of a cold or warm water fishery can be found in the Massachusetts Surface Water Quality        
  Standards, 314 CMR 4.06(1)(d)6. and 4.06 (1)(d)7., respectively. The designation of a cold or warm water      
  fishery shall be that which is provided in the Water Quality Standards 314 CMR 4.06(3).                       
\1\See part I.A.1.i or j.                                                                                       
\2\See part I.A.1.K.                                                                                            

    b. The rise in temperature due to a discharge to Class A waters 
shall not exceed 1.5 deg.F (0.8 deg.C); and natural seasonal and 
daily variations shall be maintained (314 CMR 4.05(3)(a)2).
    c. The rise in temperature due to a discharge to Class B waters 
shall not exceed 3 deg.F (1.7 deg.C) in rivers and streams 
designated as cold water fisheries non 5 deg.F (2.8 deg.C) in rivers 
and streams designated as warm water fisheries (based on the minimum 
expected flow for the month); in lakes and ponds the rise shall not 
exceed 3 deg.F (1.7 deg.C) in the epilimnion (based on the monthly 
average of maximum daily temperature); and natural seasonal and 
daily variations shall be maintained (314 CMR 4.05(3)(b)2).
    d. The rise in temperature due to a discharge to Class SA waters 
shall not exceed 1.5 deg.F (0.8 deg.C); and natural seasonal and 
daily variations shall be maintained (314 CMR 4.05(4)(a)2).
    e. The rise in temperature due to a discharge to Class SB waters 
shall not exceed 1.5 deg.F (0.8 deg.C) during the summer months 
(July through September) nor 4 deg.F (2.2 deg.C) during the winter 
months (October through June); and natural seasonal and daily 
variations shall be maintained 314 CMR 4.05(4)(b)2.
    f. This permit prohibits the addition of any water treatment 
chemical for any purpose to the non-contact cooling water system.
    g. There shall be no discharge of floating solids or visible 
foam in other than trace amounts.
    h. Samples taken in compliance with the monitoring requirements 
specified above shall be taken at the point of discharge.
    i. The pH of the effluent for discharges to Class A and Class B 
waters shall be in the range of 6.5-8.3 standard units and not more 
than 0.5 units outside of the background range. There shall be no 
change from background conditions that would impair any uses 
assigned to the receiving water Class.
    j. The pH of the effluent for discharges to Class SA and Class 
SB waters shall be in the range of 6.5-8.5 standard units and not 
more than 0.2 units outside of the normally occurring range. There 
shall be no change from background conditions that would impair any 
uses assigned to the receiving water Class.
    k. One chronic (and modified acute) toxicity test shall be 
performed on the non-contact cooling water discharge by the 
permittee upon request by EPA and/or MADEP. Testing shall be 
performed in accordance with EPA toxicity protocol to be provided at 
the time of the request. The test shall be performed on a 24-hour 
composite sample to be taken during normal facility operation. The 
results of the test (C-NOEC and LC50) shall be forwarded to 
State and EPA within 30 days after completion.
    The test methods to follow are those recommended by EPA for the 
particular discharge in:
    Weber, C. I. et al., 1989. Short Term Methods for Estimating the 
Chronic Toxicity of Effluents and Receiving Waters to Freshwater 
Organisms, Second Edition. Office of Research and Development, 
Cincinnati, OH, EPA-600/4-89-001.
    Peltier, W., and Weber, C.I., 1985. Methods for Measuring the 
Acute Toxicity of Effluents to Freshwater and Marine Organisms, 
Third Edition. Office of Research and Development, Cincinnati, OH. 
EPA/600/4-85/013.
    Weber, C. I. et al., 1988. Short Term Methods for Estimating the 
Chronic Toxicity of Effluents and Receiving Waters to Marine and 
Estuarine Organisms, Office of Research and Development, Cincinnati, 
OH. EPA-600/4-87/028.

B. State Permit Conditions

    1. This Discharge Permit is issued jointly by the U. S. 
Environmental Protection Agency (EPA) and the Department of 
Environmental Protection under Federal and State law, respectively. 
As such, all the terms and conditions of this permit are hereby 
incorporated into and constitute a discharge permit issued by the 
Director of the Massachusetts Office of Watershed Management 
pursuant to M.G.L. Chap. 21, Sec. 43.
    2. Each Agency shall have the independent right to enforce the 
terms and conditions of this Permit. Any modification, suspension or 
revocation of this Permit shall be effective only with respect to 
the Agency taking such action, and shall not affect the validity or 
status of this Permit as issued by the other Agency, unless and 
until each Agency has concurred in writing with such modification, 
suspension or revocation. In the event any portion of this Permit is 
declared invalid, illegal or otherwise issued in violation of State 
law such permit shall remain in full force and effect under Federal 
law as an NPDES Permit issued by the U.S. Environmental Protection 
Agency. In the event this Permit is declared invalid, illegal or 
otherwise issued in violation of Federal law, this Permit shall 
remain in full force and effect under State law as a Permit issued 
by the Commonwealth of Massachusetts.

Maine General Permit, Permit No. MEG250000

    In compliance with the provisions of the Federal Clean Water 
Act, as amended, (33 U.S.C. Secs. 1251 et seq.; the ``CWA''), 
operators of industrial facilities discharging solely non-contact 
cooling water, as previously defined in Part III, located in Maine 
are authorized to discharge to all waters of the State unless 
otherwise restricted by Title 38, Article 4-A, Water Classification 
Program, in accordance with effluent limitations, monitoring 
requirements and other conditions set forth herein. No discharge 
into lakes is authorized by this permit.
    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.
    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 written notification of permit coverage, or those 
who are denied coverage by the Director are not authorized under 
this general permit to discharge from those facilities to the 
receiving waters or areas named.

    Signed this 6th day of April 1994.
David A. Fierra,
Director, Water Management Division, Environmental Protection Agency, 
Boston, MA.

Part I

A. Effluent Limitations and Monitoring Requirements

    1. During the period beginning on the effective date and lasting 
through expiration, the permittee is authorized to discharge from 
each outfall of non-contact cooling water (as defined in Paragraph 
I.A.1.f. below) into fresh and marine water.
    a. Such discharges shall be limited and monitored by the 
permittee as specified below:

----------------------------------------------------------------------------------------------------------------
                           Discharge limitations other units (specify)            Monitoring requirements       
       Effluent       ------------------------------------------------------------------------------------------
    characteristic                                                              Measurement                     
                             Avg. monthly               Max. daily               frequency         Sample type  
----------------------------------------------------------------------------------------------------------------
Flow (see I.A.1.g.)*.  ........................  See Figure 1............  Monthly.............  Daily average. 
Temperature (see       ........................  See Figure 1............  Monthly.............  4 grabs,       
 I.A.1.g.)*.                                                                                      reporting     
                                                                                                  maximum, and  
                                                                                                  averages.     
Total Residual         ........................  Report..................  Quarterly...........  Grab.          
 Chlorine (see                                                                                                  
 I.A.1.j.).                                                                                                     
----------------------------------------------------------------------------------------------------------------
Non-contact cooling water may be discharged only into Class B, C, SB, and SC waters that have a drainage area   
  larger than ten (10) square miles in accordance with Maine State Law. See Paragraph I.A.1.g. for details for  
  determining if the specific discharge(s) have acceptable dilution and can be covered by the General Permit    
  Program.                                                                                                      

    b. The pH shall not be less than 6.0 standard units nor greater 
than 8.5 standard units and shall be monitored monthly with 4 grabs, 
reporting maximum values (see I.A.1.i. below).
    c. There shall be no discharge of floating solids or visible 
foam in other than trace amounts.
    d. The effluent limitations are based on the State water quality 
standards and certified by the State.
    e. Samples taken in compliance with the monitoring requirements 
specified above shall be taken at the point of discharge.
    f. Definitions:
    Non-contact cooling water is water used to reduce temperature 
which does not come into direct contact with any raw material, 
intermediate product, waste product or finished product.
    Non-toxic water treatment additives are chemicals used in 
cooling water system primarily to control corrosion or prevent 
deposition of scale forming materials which do not exhibit any 
residual toxic effect on the receiving waters.

g. Discharge Temperature and Volume

    The temperature and volume of the discharge shall not exceed 120 
 deg.F and 3.0 millions gallons per day (MGD). The acceptability of 
the total or combined non-contact cooling waters from each facility 
must be determined using the graph on Figure 1. The intersection of 
the maximum effluent temperature and the dilution ratio shall be in 
the ``acceptable'' range shown on Figure 1, titled ``Effluent 
Temperature/Dilution Graph'' for coverage by the General Permit 
Program. If the intersection falls within the ``non-acceptable'' 
area, the facility must be covered by the individual NPDES Permit, 
not the General Permit Program.
    The effluent temperature is the maximum daily temperature. The 
dilution factor is the sum of the 7Q10 low stream flow at the 
facility site and the daily maximum effluent flow divided by the 
daily maximum effluent flow. For facilities with multiple outfalls, 
the daily maximum effluent flow shall be the sum of the flow from 
all outfalls.

h. Water Treatment Additives

    Non-toxic water treatment additives are allowed in non-contact 
cooling water systems. The State of Maine will review each 
identified chemical to determine its acceptability. Additives used 
to control biological growth in such cooling systems are prohibited 
due to their inherent toxicity to aquatic life.
    Residual chlorine discharges resulting from the use of potable 
water supplies will be exempt from this provision.
    The following water treatment additive biological and chemical 
data must be supplied in the letter of intent to be covered by this 
general permit:
    (1) Name and manufacture of each additive used,
    (2) Maximum and average daily quantity of each additive used on 
a monthly basis, and
    (3) The vendor's reported aquatic toxicity of additive (NOAEL 
and/or LC50 in % for typically acceptable aquatic test 
organisms)
    All substitutions to the accepted water treatment chemicals must 
be approved by the State prior to their usage.

i. pH Control

    The pH of the effluent shall be between 6.0 to 8.5 standard 
units (s.u.) unless the sole cause of excursion below 6.0 s.u. is 
due to precipitation or the low pH of the influent water.

j. Total Residual Chlorine

    Potable water supply sources used for cooling water supply shall 
not contain Total Residual Chlorine (TRC) at concentration levels 
that induce a toxic impact upon aquatic life within the receiving 
waters. The instream waste concentration of TRC based on the ratio 
of the effluent flow stream flow to the 7Q10 low flow of the stream 
shall be less than the appropriate water quality criteria for the 
receiving waterway.

BILLING CODE 6560-50-P

TN28AP94.000

BILLING CODE 6560-50-C

New Hampshire General Permit, Permit No. NHG250000

    In compliance with the provisions of the Federal Clean Water 
Act, as amended, (33 U.S.C. Secs. 1251 et seq.; the ``CWA''), 
operators of industrial facilities discharging solely non-contact 
cooling water, as previously defined in Part III, located in New 
Hampshire are authorized to discharge to all waters, unless 
otherwise restricted by State Water Quality Standards, New Hampshire 
RSA 485-A:8, in accordance with effluent limitations, monitoring 
requirements and other conditions set forth herein.
    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.
    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 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 or 
areas named.

    Signed this 6th day of April, 1994.
David A. Fierra,
Director, Water Management Division, Environmental Protection Agency, 
Boston, MA.

Part I

A. Effluent Limitations and Monitoring Requirements

    1. During the period beginning on the effective date and lasting 
through expiration, the permittee is authorized to discharge from 
each outfall on non-contact cooling water into all rivers of the 
State, unless restricted by the New Hampshire Fish and Game 
Department and New Hampshire Department of Environmental Services, 
Water Supply and Pollution Control Division.
    a. The discharge shall be limited and monitored as specified 
below:

----------------------------------------------------------------------------------------------------------------
                           Discharge limitations other units (specify)            Monitoring requirements       
       Effluent       ------------------------------------------------------------------------------------------
    characteristic                                                              Measurement                     
                             Avg. monthly               Max. daily               frequency         Sample type  
----------------------------------------------------------------------------------------------------------------
Flow, gpd............  ........................  Report..................  Monthly.............  Total daily.   
Temperature:                                                                                                    
    Cold water         ........................  68  deg.F(20  deg.C.....  Monthly.............  4 grabs,       
     fishery*.                                                                                    reporting     
                                                                                                  maximum and   
                                                                                                  average.      
    Warm water         ........................  83  deg.F (28.3  deg.C..  ....................  ...............
     fishery*.                                                                                                  
pH...................  (\1\)...................  (\1\)...................  Monthly.............  4 grabs,       
                                                                                                  reporting     
                                                                                                  maximum and   
                                                                                                  minimum.      
LC50 & C-NOEC, %.....  (\2\)...................  (\2\)...................  ....................  24-hour        
                                                                                                  composite.    
----------------------------------------------------------------------------------------------------------------
*As determined by the New Hampshire Fish and Game Department.                                                   
\1\See Part I.B.1.a.                                                                                            
\2\See Part I.A.1.f.                                                                                            

    b. This permit does not allow for the addition of any biocide or 
chemical for any purpose to the water.
    c. There shall be no discharge of oil, floating solids, visible 
foam, debris or other visible pollutants.
    d. The effluent limitations for temperature and pH are based on 
the state water quality standards and are certified by the State.
    e. Samples taken in compliance with the monitoring requirements 
specified above shall be taken at the point of discharge.
    f. One chronic (and modified acute) toxicity text shall be 
performed on the non-contact cooling water discharge by the 
permittee upon request by EPA and/or the NHDES. Testing shall be 
performed in accordance with EPA toxicity protocol to be provided at 
the time of the request. The test shall be performed on a 24-hour 
composite sample to be taken during normal facility operation. The 
results of the test (C-NOEC and LC50) shall be forwarded to the 
State and EPA within 30 days after completion.
    The test methods to follow are those recommended by EPA for the 
particular discharge in:
    Weber, C.I. et al., 1989, Short Term Methods for Estimating the 
Chronic Toxicity of Effluents and Receiving Water to Freshwater 
Organisms, Second Edition. Office of Research and Development, 
Cincinnati, OH, EPA-600/4-89/001;
    Peltier, W., and Weber, C.I., 1985. Methods for Measuring the 
Acute Toxicity of Effluents to Freshwater and Marine Organisms, 
Third Edition. Office of Research and Development, Cincinnati, OH. 
EPA/600/4-85/013;
    Weber, C.I. et al., 1988. Short Term Methods for Estimating the 
Chronic Toxicity of Effluents and Receiving Waters to Marine and 
Estuarine Organisms, Office of Research and Development, Cincinnati, 
OH. EPA-600/4-87/028.

B. State Permit Conditions

    1. The Permittee shall comply with the following conditions 
which are included as State Certification requirements:
    a. The pH for class B waters shall be 6.5-8.0 S.U. or as 
naturally occurs in the receiving water. The 6.5-8.0 S.U. range must 
be achieved in the final effluent unless the permittee can 
demonstrate to the Division that: (1) The range should be widened 
due to naturally occurring conditions in the receiving water or (2) 
the naturally occurring source water pH is unaltered by the 
permittees operations. The scope of any demonstration project must 
receive prior approval from the Division. In no case shall the above 
procedure result in pH limits less restrictive than any applicable 
federal effluent limitation guidelines.
    2. This NPDES Discharge Permit is issued by the U.S. 
Environmental Protection Agency under Federal and State law. Upon 
final issuance by the EPA, the New Hampshire Department of 
Environmental Services, Water Supply and Pollution Control Division 
may adopt this Permit, including all terms and conditions, as a 
state permit pursuant to RSA 485-A:13. Each Agency shall have the 
independent right to enforce the terms and conditions of this 
Permit. Any modification, suspension or revocation of this Permit 
shall be effective only with respect to the Agency taking such 
action, and shall not affect the validity or status of the Permit as 
issued by the other Agency, unless and until each Agency has 
concurred in writing with such modification, suspension or 
revocation. In the event any portion of this Permit is declared 
invalid, illegal or otherwise in violation of State law, such permit 
shall remain in full force and effect under Federal law as an NPDES 
Permit issued by the U.S. Environmental Protection Agency. In the 
event this Permit is declared invalid, illegal or otherwise issued 
in violation of Federal law, this Permit, if adopted as a state 
permit, shall remain in full force and effect under State law as a 
Permit issued by the State of New Hampshire.

C. Common Elements for All Permits: Monitoring and Reporting 
Requirements

    Maine and Massachusetts: Monitoring results obtained during the 
previous 6 months shall be summarized for each quarter and reported 
on separate Discharge Monitoring Report Form(s) postmarked no later 
than the 15th day of the month following the completed reporting 
period. The reports are due on the 15th day of January and July. The 
first report may include less than 6 months information.
    New Hampshire: Monitoring results obtained during the previous 
month shall be summarized for each month and reported on separate 
Discharge Monitoring Report Form(s) postmarked no later than the 
15th day of the month following the completed reporting period. The 
reports are due on the 15th day of the month following the reporting 
period.
    Signed copies of these, and all other reports required herein, 
shall be submitted to the Director and the appropriate State at the 
following addresses:

1. EPA Shall Receive a Copy of All Reports Required Herein

U.S. Environmental Protection Agency, NPDES Program Operations 
Section, Post Office Box 8127, Boston, MA 02114

2. Massachusetts Department of Environmental Protection

    a. The Regional offices wherein the discharge occurs, shall 
receive a copy of all reports required herein:

Massachusetts Department of Environmental Protection, Division of 
Water Pollution Control, Western Regional Office, Post Office Box 
2410, Springfield, MA 01101
Massachusetts Department of Environmental Protection, Division of 
Water Pollution Control, Southeastern Regional Office, 20 Riverside 
Drive, Lakeville, MA 02347
Massachusetts Department of Environmental Protection, Division of 
Water Pollution Control, Northeastern Regional Office, 10 Commerce 
Way, Woburn, MA 01801
Massachusetts Department of Environmental Protection, Division of 
Water Pollution Control, Central Regional Office, 75 Grove Street, 
Worcester, MA 01605

    b. All notifications and reports required by this permit shall 
also be submitted to the State at:

Massachusetts Department of Environmental Protection, Office of 
Watershed Management, P.O. Box 116, North Grafton, MA 01536

3. Maine Department of Environmental Protection

    Signed copies of all reports required by this permit shall be 
sent to the State at:

Maine Department of Environmental Protection, Operation and 
Maintenance Division, State House, Station 17, Augusta, ME 04333

4. New Hampshire Department of Environmental Services

    Signed copies of all reports required by this permit shall be 
sent to the State at:

New Hampshire Department of Environmental Services, Permits and 
Compliance Section, P.O. Box 95, 6 Hazen Drive, Concord, New 
Hampshire 03302-0095

D. Additional General Permit Conditions

1. Notification Requirements

    a. Written notification of commencement of operations, including 
the legal name and address of the owner 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 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 
permit area who fail to notify the Director of their intent to be 
covered by this general permit and 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 operations authorized under this 
permit shall notify the Director upon the termination of discharges. 
The notice must contain the name, mailing address, and location of 
the facility for which the notification is submitted, the NPDES 
permit number for the non-contact cooling water discharge identified 
by the notice, and an indication of whether the non-contact cooling 
water discharge has been eliminated or the operator of the discharge 
has changed. The notice must be signed in accordance with the 
signatory requirements of 40 CFR Sec. 122.22.

3. Renotification

    Upon reissuance of a new general permit, the permittee is 
required to notify the Director of his 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 or substantially similar types of 
operations;
    (b) Discharges the same types of wastes;
    (c) Requires the same effluent limitations or operating 
conditions;
    (d) Requires the same or similar monitoring; and
    (e) In the opinion of the Director, is more appropriately 
controlled under a general permit than under an individual NPDES 
permit.
    b. The Director may require an individual permit only if the 
permittee authorized by the general permit has been notified in 
writing that an individual permit is required, and has been given a 
brief explanation of the reasons for this decision.

5. When an Individual NPDES Permit May Be Requested

    a. Any operator may request to be excluded from the coverage of 
this general permit by applying for an individual permit.
    b. When an individual NPDES permit is issued to an operator 
otherwise subject to this general permit, the applicability of this 
permit to that owner or operator is automatically terminated on the 
effective date of the individual permit.

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 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 180 days before the expiration date of the 
existing permit, unless permission for a later date has been granted 
by the Regional Administrator. (The Regional Administrator shall not 
grant permission for applications to be submitted later than the 
expiration date of the existing permit.)

9. State Authorities

    Nothing in Part 122, 123, or 124 precludes more stringent State 
regulation of any activity covered by these regulations, whether or 
not under an approved State program.

10. Other Laws

    The issuance of a permit does not authorize any injury to 
persons or property or invasion of other private rights, nor does it 
relieve the permittee of its obligation to comply with any other 
applicable Federal, State, and local laws and regulations.

Section B. Operation and Maintenance of Pollution Controls

1. Proper Operation and Maintenance

    The permittee shall at all times properly operate and maintain 
all facilities and systems of treatment and control (and related 
appurtenances) which are installed or used by the permittee to 
achieve compliance with the conditions of this permit and with the 
requirements of storm water pollution prevention plans. Proper 
operation and maintenance also includes adequate laboratory controls 
and appropriate quality assurance procedures. This provision 
requires the operation of back-up or auxiliary facilities or similar 
systems only when the operation is necessary to achieve compliance 
with the conditions of the permit.

2. Need To Halt or Reduce Not a Defense

    It shall not be a defense for a permittee in an enforcement 
action that it would have been necessary to halt or reduce the 
permitted activity in order to maintain compliance with the 
conditions of this permit.

3. Duty To Mitigate

    The permittee shall take all reasonable steps to minimize or 
prevent any discharge or sludge use or disposal in violation of this 
permit which has a reasonable likelihood of adversely affecting 
human health or the environment.

4. Bypass

    a. Definitions.
    (1) ``Bypass'' means the intentional diversion of waste streams 
from any portion of a treatment facility.
    (2) ``Severe property damage'' means substantial physical damage 
to property, damage to the treatment facilities which causes them to 
become inoperable, or substantial and permanent loss of natural 
resources which can reasonably be expected to occur in the absence 
of a bypass. Severe property damage does not mean economic loss 
caused by delays in production.
    b. Bypass not exceeding limitations. The permittee may allow any 
bypass to occur which does not cause effluent limitations to be 
exceeded, but only if it also is for essential maintenance to assure 
efficient operation. These bypasses are not subject to the 
provisions of Paragraphs B.4.c and 4.d of this section.
    c. Notice.
    (1) Anticipated bypass.
    If the permittee knows in advance of the need for a bypass, it 
shall submit prior notice, if possible at least ten days before the 
date of the bypass.
    (2) Unanticipated bypass.
    The permittee shall submit notice of an unanticipated bypass as 
required in Paragraph D.1.e (24-hour notice).
    d. Prohibition of bypass.
    (1) Bypass is prohibited, and the Regional Administrator may 
take enforcement action against a permittee for bypass, unless:
    (a) Bypass was unavoidable to prevent loss of life, personal 
injury, or severe property damage;
    (b) There were no feasible alternatives to the bypass, such as 
the use of auxiliary treatment facilities, retention of untreated 
wastes, or maintenance during normal periods of equipment downtime. 
This condition is not satisfied if adequate back-up equipment should 
have been installed in the exercise of reasonable engineering 
judgment to prevent a bypass which occurred during normal periods of 
equipment downtime or preventive maintenance; and
    (c)(i) The permittee submitted notices as required under 
Paragraph 4.c of this section.
    (ii) The Regional Administrator may approve an anticipated 
bypass, after considering its adverse effects, if the Regional 
Administrator determines that it will meet the three conditions 
listed above in Paragraph 4.d of this section.

5. Upset

    a. Definition. ``Upset'' means an exceptional incident in which 
there is unintentional and temporary non-compliance with technology-
based permit effluent limitations because of factors beyond the 
reasonable control of the permittee. An upset does not include 
noncompliance to the extent caused by operational error, improperly 
designed treatment facilities, inadequate treatment facilities, lack 
of preventive maintenance, or careless or improper operation.
    b. Effect of an upset. An upset constitutes an affirmative 
defense to an action brought for noncompliance with such technology-
based permit effluent limitations if the requirements of Paragraph 
B.5.c of this section are met. No determination made during 
administrative review of claims that noncompliance was caused by 
upset, and before an action for noncompliance, is final 
administrative action subject to judicial review.
    c. Conditions necessary for a demonstration of upset. A 
permittee who wishes to establish the affirmative defense of upset 
shall demonstrate, through properly signed, contemporaneous 
operating logs, or other relevant evidence that:
    (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 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 
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 Sections Secs. 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. 
Secs. 2011 et seq.)), heat, wrecked or discarded equipment, rock, 
sand, cellar dirt and industrial, municipal, and agricultural waste 
discharged into water. It does not mean:
    (a) Sewage from vessels; or
    (b) Water, gas, or other material which is injected into a well 
to facilitate production of oil or gas, or water derived in 
association with oil and gas production and disposed of in a well, 
if the well used either to facilitate production or for disposal 
purposes is approved by authority of the State in which the well is 
located, and if the State determines that the injection or disposal 
will not result in the degradation of ground or surface water 
resources.
    Primary industry category means any industry category listed in 
the NRDC settlement agreement (Natural Resources Defense Council et 
al. v. Train, 8 E.R.C. 2120 (D.D.C. 1976), modified 12 E.R.C. 1833 
(D.D.C. 1979)); also listed in Appendix A of 40 CFR Part 122.
    Process wastewater means any water which, during manufacturing 
or processing, comes into direct contact with or results from the 
production or use of any raw material, intermediate product, 
finished product, byproduct, or waste product.
    Regional Administrator means the Regional Administrator, EPA, 
Region I, Boston, Massachusetts.
    State means any of the 50 States, the District of Columbia, 
Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American 
Samoa, the Trust Territory of the Pacific Islands.
    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 M\3\/day--cubic meters per day
mg/l--milligrams per liter
ug/l--micrograms per liter
lbs/day--pounds per day
kg/day--kilograms per day
Temp.  deg.C--temperature in degrees Centigrade
Temp.  deg.F--temperature in degrees Fahrenheit
Turb.--turbidity measured by the Nephelometric Method (NTU)
pH--a measure of the hydrogen 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. 94-9938 Filed 4-26-94; 8:45 am]
BILLING CODE 6560-50-P