[Federal Register Volume 59, Number 140 (Friday, July 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17918]


[[Page Unknown]]

[Federal Register: July 22, 1994]


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

ENVIRONMENTAL PROTECTION AGENCY
[OW-FRL-5017-6]

 

Policy for the Development of Effluent Limitations in National 
Pollutant Discharge Elimination System Permits to Control Whole 
Effluent Toxicity for the Protection of Aquatic Life: Notice of 
Availability

AGENCY: Environmental Protection Agency.

ACTION: Notice of availability.

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

SUMMARY: This notice announces the availability of a final policy 
document entitled ``Policy for the Development of Effluent Limitations 
in National Pollutant Discharge Elimination System (NPDES) Permits to 
Control Whole Effluent Toxicity (WET) for the Protection of Aquatic 
Life.'' The purpose of the new policy is to promote uniform, nationwide 
compliance with existing statutory and regulatory requirements for the 
control of WET and to assist permit writers in implementing these 
requirements.

DATES: Copies of this document are available beginning July 22, 1994.

ADDRESSES: Copies of this document can be obtained from U.S. EPA, 
National Center for Environmental Publications and Information, P.O. 
Box 42419, Cincinnati, Ohio 45242-2419 (Document Number EPA 833-B-94-
002).

FOR FURTHER INFORMATION CONTACT: Wendy J. Miller, Office of Water, 
Office of Wastewater Management, 4203, U.S. Environmental Protection 
Agency, 401 M Street, S.W., Washington, D.C. 20460, Telephone: (202) 
260-3716.

SUPPLEMENTARY INFORMATION: Since 1984 EPA has undertaken various 
regulatory activities for the control of WET to protect aquatic life. 
In 1984, EPA published the ``Policy for the Development of Water 
Quality-Based Permit Limitations for Toxic Pollutants.'' 49 FR 9016 
(March 9, 1984). The policy discusses such issues as integration of 
chemical specific and biological permit limits; chemical, physical, and 
biological testing requirements (including WET testing requirements); 
and use of data.
    In 1989, EPA revised the regulations governing the development of 
water quality-based effluent limitations, including those to control 
WET. 40 CFR 122.44(d)(1). The regulations impose specific requirements 
such as requiring effluent limits where the permitting authority finds 
``reasonable potential'' to cause an exceedance of applicable water 
quality criteria.
    In 1991, EPA revised the 1985 Technical Support Document for Water 
Quality-based Toxics Control (TSD). The new TSD provides an explanation 
of the technical support for WET testing and gives detailed guidance on 
development of water quality-based permit limitations for WET and toxic 
pollutants.
    Based upon its accumulated experience in administering the WET 
control program to date, EPA decided to develop a new WET control 
policy to supplement existing policy. The new policy consists of eight 
policy statements, explanations of each policy statement, and 
appendices containing background materials. In part, the policy 
restates EPA's strong continuing commitment to existing Clean Water Act 
provisions and the regulatory requirements at 40 CFR 122.44(d)(1) 
governing the control of WET for the protection of aquatic life. It 
also addresses some specific areas where questions have arisen 
regarding the implementation of these requirements.
    The text of the eight statements of policy is provided below.

1. Basis for WET Controls

    The permitting authority should evaluate WET water quality criteria 
attainment for acute WET at the edge of the acute mixing zone and for 
chronic WET at the edge of the chronic mixing zone except where the 
State has different requirements for evaluating WET criteria.1 The 
permitting authority will develop WET effluent limitations based upon 
the more stringent of the acute or chronic criterion applied at the 
edge of the respective mixing zone, or, alternatively, on both.
---------------------------------------------------------------------------

    \1\Throughout the policy, the term ``WET water quality 
criteria'' refers to State numeric water quality criteria for WET 
and State narrative water quality criteria for toxicity such as ``no 
toxics in toxics amounts'' in State water quality standards.
---------------------------------------------------------------------------

2. Evaluation of Dischargers for Reasonable Potential

    At a minimum, the permitting authority should review all major 
dischargers for reasonable potential to cause or contribute to 
exceedance of WET water quality criteria.

3. Evaluating Reasonable Potential

    The permitting authority will consider available WET testing data 
and other information in evaluating whether a discharger has reasonable 
potential to cause or contribute to exceedance of WET water quality 
criteria.

4. Consequences of Establishing Reasonable Potential

    Upon finding reasonable potential to cause or contribute to 
exceedance of WET water quality criteria, the permitting authority will 
impose effluent limitations to control WET.

5. Whole Effluent Toxicity Monitoring

    Where appropriate, the permitting authority should impose WET 
monitoring conditions upon dischargers that do not have effluent 
limitations to control WET.

6. Compliance Schedules in NPDES Permits

    Where allowed under State and federal law, NPDES permits may 
contain schedules for compliance with WET effluent limitations.

7. Whole Effluent Toxicity Controls and the Pollutants Ammonia and 
Chlorine

    The requirements of the water quality permitting regulations apply 
without regard to the pollutant(s) that may be causing toxicity, 
including ammonia and chlorine.

8. Whole Effluent Toxicity Controls and Publicly Owned Treatment 
Works (POTWs)

    The requirements of the water quality permitting regulations apply 
to all dischargers, including POTWs.

    Dated: July 14, 1994.
Robert Perciasepe,
Assistant Administrator for Water.
[FR Doc. 94-17918 Filed 7-21-94; 8:45 am]
BILLING CODE 6560-50-P