[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Pages 62546-62659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28213]




[[Page 62545]]

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Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 122, et al.



National Pollutant Discharge Elimination System Permit Application 
Requirements for Publicly Owned Treatment Works and Other Treatment 
Works Treating Domestic Sewage; Proposed Rule

  Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / 
Proposed Rules   

[[Page 62546]]


ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 122, 123, 403, and 501

[FRL-5328-9]


National Pollutant Discharge Elimination System Permit 
Application Requirements for Publicly Owned Treatment Works and Other 
Treatment Works Treating Domestic Sewage

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) today proposes to 
amend permit application requirements and application forms for 
publicly owned treatment works (POTWs) and other treatment works 
treating domestic sewage (TWTDS). TWTDS include facilities that 
generate sewage sludge, provide commercial treatment of sewage sludge, 
manufacture a product derived from sewage sludge, or provide disposal 
of sewage sludge. Today's notice solicits public comments on the 
proposed regulations, proposed forms and instructions.
    The proposed regulations and Form 2A would replace existing 
Standard Form A and Short Form A to account for changes in the NPDES 
program since the forms were issued in 1973. This proposal would 
consolidate POTW application requirements, including information 
regarding toxics monitoring, whole effluent toxicity (WET) testing, 
pretreatment facility and hazardous waste contributions, and combined 
sewer overflows (CSOs). The most significant proposed revisions would 
require toxic and WET monitoring by major and pretreatment POTWs and 
monitoring of 17 parameters by minor POTWs. EPA believes this 
information is needed in order for permitting authorities to issue 
permits that will adequately protect the Nation's water resources.
    The proposed regulations and Form 2S would replace the existing 
Interim Sewage Sludge form. The most significant proposed revision 
would require POTWs and other TWTDS to analyze sludge and provide data 
for ten metals, nitrogen, and phosphorus. Class I sludge management 
facilities (pretreatment POTWs) would also have to analyze for most of 
the priority pollutants. The Interim Form only requires the use of 
existing data. EPA believes the additional information is needed in 
order for permitting authorities to issue permits that meet the 
requirements of the sewage sludge use or disposal regulations.
    The costs associated with the new requirements are not significant 
since many permitting authorities require essentially the same 
information already through a variety of reporting mechanisms. The 
proposed rule allows waivers where information is already available to 
the permitting authority. The new forms would make it easier for permit 
applicants to provide the necessary information with their applications 
and would minimize the need for additional follow-up information 
requests from permitting authorities. The proposal is estimated to 
reduce the current annual reporting and record keeping burden by about 
9,000 hours, or ten percent. EPA is interested in identifying 
additional ways to further reduce the burden associated with the 
applications and is seeking comment on the use of electronic data 
transmission and other streamlining opportunities.

DATES: In order to be considered, comments must be received on or 
before March 5, 1996.

ADDRESSES: Comments should be addressed to Municipal and Sludge 
Application Rule Comment Clerk, Water Docket MC-4101; United States 
Environmental Protection Agency, 401 M Street SW., Washington, DC, 
20460. Commenters are also requested to submit an original and 3 copies 
of their written comments as well as an original and 3 copies of any 
attachments, enclosures, or other documents referenced in the comments. 
Commenters who want receipt of their comments acknowledged should 
include a self-addressed, stamped envelope. All comments must be 
postmarked or delivered by hand by March 5, 1996. No facsimiles (faxes) 
will be accepted.
    EPA will also accept comments electronically. Comments should be 
addressed to the following Internet address: [email protected]. 
Electronic comments must be submitted as an ASCII file avoiding the use 
of special characters and any form of encryption. Electronic comments 
will be transferred into a paper version for the official record. EPA 
will attempt to clarify electronic comments if there is an apparent 
error in transmission. Comments provided electronically will be 
considered timely if they are submitted electronically by 11:59 p.m. 
(Eastern time) March 5, 1996. EPA is experimenting with electronic 
commenting, therefore commenters may want to submit both electronic 
comments and duplicate paper comments. This document has also been 
placed on the Internet for public review and downloading at the 
following location: gopher.epa.gov.

FOR FURTHER INFORMATION CONTACT: For information on Form 2A and 
municipal wastewater permitting issues in this notice, contact George 
Utting, (202) 260-9530, Permits Division (4203), United States 
Environmental Protection Agency, 401 M Street S.W., Washington, D.C., 
20460.
    For information on Form 2S and sewage sludge permitting issues in 
this notice, contact Wendy Bell, (202) 260-9534, Permits Division 
(4203), United States Environmental Protection Agency, 401 M Street 
S.W., Washington, D.C., 20460.

SUPPLEMENTARY INFORMATION:

I. Background
    A. Purpose of Today's Proposal
    B. History of the NPDES Permit Program
    1. National Pollutant Discharge Elimination System
    a. Federal Water Pollution Control Act Amendments of 1972
    b. Changes Leading to the Clean Water Act of 1977
    c. Permit Consolidation and Deconsolidation
    d. The Water Quality Act of 1987 and Water Quality-Based 
Permitting
    2. Background of the Pretreatment Program
    3. Program to Control Combined Sewer Overflows
    C. Sewage Sludge Program Background
    1. Statutory Requirements for Sewage Sludge
    2. Sewage Sludge Permit Program Regulations
    3. Part 503 Technical Standards
    4. Implementation of Part 503 Technical Standards
    5. Interim Sewage Sludge Application Form
    D. NPDES Watershed Strategy
    E. Permit Writer's Information Needs Related to Endangered 
Species and Historic Properties
    F. Permit as a Shield
    G. Pollutant Data from POTWs
    H. Public Consultation in the Development of Today's Proposal
II. Approach Taken in Today's Notice
    A. Scope of Today's Rulemaking
    B. The Agency Proposes to Revise the Definition of POTW and 
Existing Permit Application Requirements for POTWs
    C. EPA Proposes Form 2A for POTWs to Replace Standard Form A and 
Short Form A
    D. Applicability of Form 2A to Privately Owned and Federally 
Owned Treatment Works
    E. EPA Proposes Revised Application Requirements and Form 2S for 
Sewage Sludge Permits
    F. Reasons for Separate Form 2A and Form 2S
    G. EPA Solicits Comment on the Use of Electronic Application 
Forms
III. Description of Proposed Requirements
    A. EPA Proposes to Revise Requirements in Sec. 122.21(c), (d), 
and (f) Concerning the Use of Forms 1, 2A, and 2S 

[[Page 62547]]

    1. Requirement to Submit Form 2A
    2. Requirement to Submit Form 2S
    B. Application Requirements for POTWs (40 CFR 122.21(j))
    1. Basic Application Information
    2. Information on Effluent Discharges
    3. Effluent Monitoring for Specific Parameters
    a. Pollutant Data Requirements for all POTWs
    b. Reporting of Additional Pollutants for Some POTWs
    4. Effluent Monitoring for Whole Effluent Toxicity
    5. Industrial Discharges, Pretreatment, and RCRA/CERCLA Waste
    6. Discharges from Hazardous Waste Sources
    7. Combined Sewer Overflows
    8. Contractors
    9. Certification
    C. Application Requirements for TWTDS (40 CFR 122.21(q))
    1. Facility Information
    2. Applicant Information
    3. Permit Information
    4. Federal Indian Reservations
    5. Topographic Map
    6. Sewage Sludge Handling
    7. Sewage Sludge Quality
    a. Class I Sludge Management Facilities
    b. All TWTDS
    8. Requirements for a Person Who Prepares Sewage Sludge
    9. Land Application of Bulk Sewage Sludge
    10. Surface Disposal
    11. Incineration
    12. Disposal in a Municipal Solid Waste Landfill
    13. Contractors
    14. Other Information
    15. Signature
IV. Paperwork Reduction Act
V. Executive Order 12866
VI. Executive Order 12875
VII. Unfunded Mandates Reform Act of 1995 and Consultation with 
State, Local, and Tribal Governments
VIII. Regulatory Flexibility Act

I. Background

A. Purpose of Today's Proposal

    Today's notice proposes to amend NPDES permit application 
regulations for publicly owned treatment works (POTWs) and other 
treatment works treating domestic sewage (TWTDS). Proposed Form 2A 
would apply to POTWs and replace Standard Form A and Short Form A, 
which were developed in 1973. Proposed Form 2S would be used to report 
sewage sludge information consistent with applicable permit program 
regulations and technical standards for sewage sludge use or disposal. 
Proposed Form 2S would be used by POTWs and other TWTDS.
    EPA proposes these application regulations and forms for several 
reasons. First, this rulemaking addresses changes to the NPDES program 
since 1973. The NPDES program applicable to POTWs has changed 
significantly since that time, specifically in the areas of toxics 
control, water quality-based permitting and pretreatment programs. 
Second, the proposal would consolidate application requirements from 
existing regulations into a ``modular'' permit application form, 
thereby streamlining and clarifying the process for permit applicants. 
Third, these revisions will provide permit writers with the information 
necessary to develop appropriate NPDES permits consistent with 
requirements of the Clean Water Act and thus also help to ensure for 
permittees the effectiveness of the permit as a shield for purposes of 
compliance with the CWA. Fourth, the Agency seeks to reduce redundant 
reporting by allowing waivers where information is already available to 
the permitting authority and, further, to provide a platform for 
electronic data transmission.
    The proposed revisions would result in a net reduction in overall 
reporting burden hours nationwide. The burden reduction for the 
combined municipal and sludge proposed application requirements is 
calculated to be nearly 9,000 hours annually, from a total existing 
annual burden of 80,000 hours. This is due in part to the reduced 
number of WET tests calculated to be performed by POTWs. It is also due 
to the reduced number of major respondents that would be required to 
comply with the proposed regulations as compared to the number of major 
respondents estimated to complete the existing municipal application 
forms (i.e., different criteria apply). Finally, the respondent burden 
for CWA sec. 308 application requests also would be expected to 
decrease, because much of the information currently obtained through 
routine and medium sec. 308 requests is reflected in the proposed rule.
    This burden reduction accounts for nearly 9,000 of the 287,000 
hours projected to be saved, for an overall reduction of twenty-five 
percent for the NPDES program. The total savings will be achieved 
through revisions to this form, revisions to stormwater application 
forms, revisions to the industrial application form 2C, and reductions 
in discharge monitoring reports (DMRs). It is anticipated, however, 
that most of the NPDES burden reduction will involve reduced burden for 
DMRs, which currently account for greater than eighteen million annual 
burden hours.
    At the same time, this proposed rule would result in increased net 
costs to municipal and sludge applicants of more than four million 
dollars per year on a nationwide basis. It is calculated that this 
proposal would apply to more than 7,000 permit applications per year, 
with a total universe per year of more than three thousand applicants 
each for municipal and sludge permitting. Costs vary considerably from 
application to application. Thus, the average five-year cost per 
application would range from an average of about $450 (less than $100 
per year) for small municipalities to an average of about $4,000 (less 
than $1,000 per year) for larger municipalities. Most of the costs 
associated with this proposal would be due to proposed pollutant data 
requirements for municipal permittees.
    The Agency believes that the proposed increased costs are 
appropriate because certain data may be necessary to the permit writer 
in order to allow the issuance of permits that provide a ``shield'' to 
permittees (see discussion, ``Permit as a Shield,'' at I.F.), and to 
ensure compliance with Clean Water Act requirements, especially water 
quality standards.

B. History of the NPDES Permit Program

1. National Pollutant Discharge Elimination System
a. Federal Water Pollution Control Act Amendments of 1972
    The Clean Water Act (CWA) was enacted in 1972 (Federal Water 
Pollution Control Act Amendments of 1972) to restore and maintain the 
chemical, physical, and biological integrity of the Nation's waters. 
CWA sec. 101(a), 33 U.S.C. 1251(a). The immediate predecessor to the 
CWA was the Water Quality Act of 1965 (Pub. L. 89-234). The 1965 Act 
directed each State to develop water quality standards for all 
interstate navigable waters. States had difficulty developing these 
standards, however, and by 1971 barely half the States had developed 
complete programs. States that did develop standards had difficulty 
implementing them because the 1965 Act lacked a workable mechanism for 
translating State water quality standards into limits enforceable 
against individual dischargers.
    In response to this dilemma, Congress passed the CWA. Section 402 
directed EPA to assume a substantial role in directing and defining the 
nation's water pollution control programs. The Act established the 
National Pollutant Discharge Elimination System (NPDES) permit program 
to be administered by EPA and the States with EPA approval. The NPDES 
program prohibits the discharge of any pollutant into waters of the 
United States except when 

[[Page 62548]]
authorized by a permit (sec. 301(a) and 402).
    Section 301 significantly changed the methods used to set and 
enforce standards to abate and control water pollution. First, it 
introduced the concept of minimum technology-based discharge 
requirements. Initially, sec. 301(b)(1)(B) required POTWs to achieve 
effluent limitations based on secondary treatment. The ``degree of 
effluent reduction achievable through application of secondary 
treatment'' was to be defined by the Administrator, pursuant to sec. 
304(d)(1). Later, POTWs were to achieve a more stringent level of 
technology-based discharge limits based on best practicable waste 
treatment technology (BPWTT) under sec. 301(b)(2)(B). That section was 
repealed in 1981. Finally, POTWs were required to comply with any more 
stringent limitations necessary to implement any applicable State water 
quality standards. Water quality-based discharge limitations were 
imposed by sec. 301(b)(1)(C).
    To achieve the effluent reductions called for in sec. 301, sec. 402 
provides for the NPDES permit program to implement and enforce these 
controls. NPDES permits may be issued on the condition that authorized 
discharges meet the applicable requirements of the CWA, including: 
technology-based limitations; water quality-based limitations; new 
source performance standards; toxic and pretreatment effluent 
standards; inspection and monitoring provisions; and ocean discharge 
criteria. EPA was authorized to issue regulations to implement these 
provisions throughout the CWA. NPDES permit requirements are based 
either on regulations promulgated under these sections or, in the 
absence of regulations, on the permit writer's best professional 
judgment (BPJ), when necessary to carry out the provisions of the CWA. 
CWA sec. 402(a)(1), 33 U.S.C. 1342(a)(1). The CWA also authorized 
States to assume responsibility for issuing NPDES permits, provided 
that State programs meet the requirements of sec. 402(b) and 
regulations published under sec. 304(i)(2) (previously, sec. 
304(h)(2)). EPA promulgated the original regulations outlining the 
NPDES program on December 22, 1972 (37 FR 28390) and May 22, 1973 (38 
FR 13528).
    The CWA required the Administrator to promulgate guidelines for 
``establishing uniform application forms and other minimum requirements 
for the acquisition of information'' from point sources, within 60 days 
after its enactment. CWA sec. 304(i)(1) (previously, sec. 304(h)(1)). 
EPA promulgated short forms to enable dischargers to meet deadlines 
imposed by the CWA, on February 27, 1973 (38 FR 5279). These included 
Short Form A, which was to be completed by all POTWs. EPA promulgated 
standard forms to gather additional information from certain 
dischargers, on July 24, 1973 (38 FR 19894). This rule included 
Standard Form A, for POTWs meeting certain criteria relating to size, 
population, and industrial contributions. At the time, there were no 
effluent standards for POTWs. Secondary treatment regulations, setting 
limits for biochemical oxygen demand, suspended solids, fecal coliform, 
and pH, were not promulgated until August 17, 1973 (38 FR 22298).
b. Changes leading to the Clean Water Act of 1977
    The first major change in the NPDES program's focus was the shift 
from conventional to toxic pollutants. Though sec. 307(a) required EPA 
to identify and establish effluent standards for toxic pollutants, the 
thrust of the ``first round'' of NPDES permits was to control 
conventional pollutants, rather than to identify and establish 
standards for toxic pollutants. As the NPDES program was implemented, 
several interested parties criticized the Agency's lack of progress in 
establishing sec. 307(a) standards. Among the terms in settlement of 
litigation in 1976, EPA was to establish technology-based standards as 
necessary to address 65 compounds or classes of compounds for certain 
industries. See NRDC v. EPA, 8 E.R.C. 2120 (D.D.C. 1976). This list of 
65 compounds is now contained in 40 CFR 401.15.
    In 1977, amendments to the Clean Water Act refocused Agency 
priorities on the control of toxic pollutants. As a result, the NPDES 
program expanded beyond control of conventional pollutants to control 
of nonconventional pollutants, such as ammonia, chlorine, and nitrogen, 
as well as certain metals and organic chemicals. The list of the 65 
compounds was incorporated into sec. 307 when the CWA was amended in 
1977 (see Committee Print Number 95-32, Hearings before the 
Subcommittee on Investigations and Review of the Committee on Public 
Works and Transportation, U.S. House of Representatives, pages 399-405) 
and subsequently was published on January 31, 1978 (43 FR 4109). The 
compounds on the list were chosen according to various criteria, 
including known occurrence in point source effluents and substantial 
evidence of carcinogenicity in studies of humans or animal systems. 
Because the list included broad categories or classes of chemicals 
(e.g., chlorinated benzenes, DDT and metabolites, haloethers, etc.), 
EPA restructured the list in order to evaluate and control the specific 
pollutants of greatest concern. This produced a list of 129 individual 
high priority toxic pollutants. As information became available 
regarding the toxic effects of chemicals on the list, the Agency 
amended the regulations to establish the current list of 126 ``priority 
pollutants.'' See 40 CFR Part 423, Appendix A. The 1977 amendments also 
amended sec. 402(b)(8)&(9) to require that approved State NPDES 
programs provide for administration of the pretreatment program to 
regulate industrial users of POTWs.
    In 1979, EPA extensively revised the NPDES regulations to implement 
changes in the CWA, to conform to recent court decisions, and to 
clarify and improve existing procedures. The 1979 regulatory revisions 
eliminated duplication of substantive and procedural requirements 
between the existing State and Federal NPDES program regulations. Under 
the final regulations, promulgated on June 7, 1979 (44 FR 32854), the 
basic substantive and procedural requirements applicable to all NPDES 
permits were set out in Parts 122 and 124. Part 123 established State 
NPDES permit program requirements. EPA believed that this new 
regulatory structure would simplify the regulations and avoid 
inconsistencies between State and Federal programs. These regulations 
were challenged judicially and, as discussed below, petitions for 
review were merged with and resolved in litigation challenging the 
consolidated permit regulations and subsequent rulemakings.
c. Permit Consolidation and Deconsolidation
    To simplify permitting programs, EPA published regulations on May 
19, 1980 (45 FR 33290), to consolidate the requirements and procedures 
for five of the permit programs administered by the Agency: the NPDES 
program, the Underground Injection Control (UIC) program under the Safe 
Drinking Water Act (SDWA), State ``dredge or fill'' programs under sec. 
404 of the CWA, the Hazardous Waste Management (HWM) program under the 
Resource Conservation and Recovery Act (RCRA), and the Prevention of 
Significant Deterioration (PSD) program under the Clean Air Act. The 
Agency believed it would be efficient to consolidate environmental 
permitting programs wherever feasible. This effort sought to 

[[Page 62549]]
eliminate gaps and overlaps and ensure consistency among the programs.
    At the same time, EPA revised certain of the permit application 
regulations. The Agency created three new application forms: Form 1, 
Form 2B, and Form 2C. Form 1 requires general information about permit 
applicants and was required to be completed by applicants for each of 
the five types of permits under the consolidated permit rule. Form 2B 
is specific to part of the NPDES program, specifically, permit 
applications for concentrated animal feeding operations and aquatic 
animal production dischargers. Form 2C, also specific to the NPDES 
program, applies to manufacturing, commercial, mining, and 
silvicultural operations. All three forms incorporated EPA's emphasis 
on toxic pollutants and other modifications to the CWA and NPDES 
program regulations.
    Following promulgation of the consolidated permit regulations, 
interested parties complained that the consolidated format made the 
regulations unnecessarily difficult to use. The division of 
responsibilities among various entities at the State and Federal levels 
resulted in additional problems. In practice, consolidated processing 
of multiple permits was rare because the various permit programs 
regulated different activities with different standards and thus 
imposed different types of requirements on permittees. Subsequent 
petitions for judicial review of various aspects of the consolidated 
permit regulations were consolidated with pending petitions for review 
of the June 7, 1979, final NPDES regulations in the United States Court 
of Appeals for the District of Columbia Circuit.
    As part of an agreement to resolve that litigation, and in response 
to problems encountered by permit writers, EPA deconsolidated the five 
permitting programs on April 1, 1983 (48 FR 14146). The NPDES 
regulations remain in Part 122 (substantive permit requirements) and 
Part 123 (State program requirements). Part 124 (common permitting 
procedures) remains applicable to all of the programs. On September 1, 
1983 (48 FR 39611), EPA promulgated additional revisions covering a 
number of issues affecting the consolidated permit program.
    After deconsolidation, the NPDES program continued to use Forms 1, 
2B, and 2C. In 1984, EPA amended Form 2C to include toxic pollutant 
sampling and, in 1986, promulgated two new NPDES forms: Form 2D, for 
use by new manufacturing, commercial, mining and silvicultural 
operations; and Form 2E, for use by facilities that do not discharge 
process wastewater (51 FR 26982, July 28, 1986). The Agency did not, 
however, revise either Standard Form A or Short Form A. Thus, these two 
forms do not request information to reflect all of the CWA's current 
requirements, including the emphasis on the control of toxic 
pollutants.
d. The Water Quality Act of 1987 and Water Quality-Based Permitting
    On February 4, 1987, the CWA was amended again by the Water Quality 
Act (WQA) of 1987 (Pub. L. 100-4). The WQA included several provisions 
that affect POTWs and other TWTDS. Statutory amendments included 
requirements addressing sewage sludge, storm water, and water quality-
impaired streams. In response to the 1987 amendments, EPA published 
technical revisions to amend the NPDES regulations on January 4, 1989 
(54 FR 246). EPA promulgated final regulations for State sludge 
management programs on May 2, 1989 (54 FR 18716). As part of the WQA 
implementation effort, the Agency published rules implementing CWA sec. 
304(l) and other changes to surface water toxics regulations on June 2, 
1989 (54 FR 23868). This 1989 rulemaking recognized the Agency's 
commitment to protect water quality through water quality-based 
permitting.
    The 1987 amendments provided that States were to adopt numeric 
water quality criteria for the ``priority pollutants'' listed pursuant 
to sec. 307(a)(1), if discharge of those pollutants could reasonably be 
expected to interfere with a designated use under State water quality 
standards. States were to adopt these criteria whenever they reviewed, 
revised, or added new water quality standards. Subsequent review of all 
States indicated that 43 States had adopted the criteria as required. 
Fourteen States, however, were not fully in compliance with the 1987 
amendments as of December 22, 1992. On that date, EPA promulgated 
chemical-specific numeric criteria for those States, as necessary, to 
comply with the CWA (57 FR 60848).
    On July 22, 1994, EPA published its whole effluent toxicity (WET) 
policy (59 FR 37494). The policy is intended (i) to promote uniform, 
nationwide compliance with statutory and regulatory requirements for 
the control of WET, and (ii) to assist permit writers in implementing 
these requirements. The policy reflects EPA's experience in 
implementing the 1989 water quality-based permitting regulations at 40 
CFR 122.44(d). The WET policy provides for: evaluation of acute and 
chronic WET water quality criteria attainment at the edge of the 
respective mixing zones; review of all major dischargers for reasonable 
potential to cause or contribute to exceedance of WET water quality 
criteria; consideration of available WET testing data and other 
information in evaluating whether a discharger has reasonable potential 
to cause or contribute to exceedance of WET criteria; imposition of 
effluent limitations to control WET upon finding reasonable potential 
to cause or contribute to exceedance of WET criteria; imposition of WET 
monitoring conditions where appropriate for dischargers that do not 
have effluent limitations to control WET; schedules for compliance with 
WET effluent limitations; application of water quality permitting 
regulations to apply without regard to the pollutant(s) that may be 
causing toxicity, including ammonia and chlorine; and application of 
the water quality-based permitting regulations to all dischargers, 
including POTWs.
2. Background of the Pretreatment Program
    Congress recognized that regulating only those pollutant sources 
discharging effluent directly into the nation's waters would not 
achieve the CWA's goal to eliminate pollutant discharges. Consequently, 
the CWA required EPA to promulgate nationally applicable pretreatment 
standards that restrict the introduction of pollutants from industrial 
users of POTWs, also called indirect dischargers.
    EPA first issued pretreatment standards on November 8, 1973 (38 FR 
30982). Following the 1977 CWA amendments, EPA revised those 
regulations and issued the ``General Pretreatment Regulations for 
Existing and New Sources of Pollution,'' on June 26, 1978 (43 FR 
27736). The regulations were revised again on January 28, 1981 (46 FR 
9439). As amended, the pretreatment regulations at 40 CFR Part 403 
require that ``any POTW (or combination of POTWs operated by the same 
authority) with design influent flow rates greater than five million 
gallons per day (mgd) and receiving from industrial users pollutants 
that pass through or interfere with the operation of the POTW'' 
establish pretreatment programs as part of its NPDES permit. In 
addition, POTWs with design influent flow rates of less than five mgd 
may be required to develop pretreatment programs if non-domestic wastes 
cause upsets, sludge contamination, or violations of NPDES permit 
conditions or if their industrial users are subject to national 
pretreatment standards. EPA estimates 

[[Page 62550]]
that 1,500 treatment facilities are required to administer such 
pretreatment programs.
    The National Pretreatment Program's primary goal is protection of 
POTWs and the environment from the effects of discharges into municipal 
sewerage systems. This protection is achieved principally through 
regulating industrial users that discharge toxic pollutants or 
unusually large amounts of conventional pollutants into municipal 
systems. The General Pretreatment Regulations control pollutant 
discharges into POTWs in several ways. First, prohibited discharge 
standards apply to all industrial and commercial establishments 
connected to POTWs. 40 CFR 403.5. These standards include general 
prohibitions against the introduction of pollutants into POTW that may 
pass through the POTW or interfere with the operations of the POTW, as 
well as specific prohibitions relating to the introduction of 
pollutants which have the potential to create hazards for the POTW, 
such as heat, explosivity, and corrosivity. Second, categorical 
pretreatment standards apply to discharges by industrial users in 
specific industrial categories determined to be significant sources of 
toxic pollutants. Categorical standards are designed to ensure that 
wastewaters from direct and indirect industrial dischargers are subject 
to similar levels of treatment.
    Finally, 40 CFR 403.5(c) requires POTWs to develop and enforce 
local limits designed to ensure that industrial users meet both the 
general and specific prohibitions. Thus, local limits are intended to 
ensure that POTWs are able to comply with NPDES limits, including 
water-quality based standards. Local limits are Federally enforceable 
pretreatment standards, as defined by sec. 307(d). In cases where local 
limits are more stringent than categorical standards, the more 
stringent limit applies and is enforceable as a Federal standard.
    On July 24, 1990, EPA promulgated amendments to the NPDES and 
General Pretreatment Regulations to reflect the findings of the 
``Report to Congress on the Discharge of Hazardous Wastes to Publicly 
Owned Treatment Works,'' also known as the Domestic Sewage Study (DSS) 
(55 FR 18716). The rule contained a number of regulatory changes 
intended to improve control of hazardous wastes discharged to POTWs, 
including revisions to the application requirements for POTWs at 40 CFR 
122.21(j). Paragraphs 122.21(j) (1)-(3) contain whole effluent toxicity 
(WET) testing requirements, and paragraph 122.21(j)(4) requires POTWs 
with approved pretreatment programs to submit a written technical 
evaluation of the need to revise local limits. Today, EPA proposes to 
revise the WET reporting requirements at Sec. 122.21(j) and to revise 
the provision for the local limits technical evaluation by making this 
a POTW pretreatment program requirement rather than an application 
requirement based on concerns about the timing of such evaluations 
relative to imposition of water quality-based effluent limitations in 
POTW permits.
3. Program To Control Combined Sewer Overflows
    Combined sewer systems (CSSs) are wastewater collection systems 
that transport both sanitary wastewater and storm water to POTWs. 
During dry weather, CSSs carry sanitary wastes, as well as industrial 
and commercial discharges, to POTW treatment plants. In periods of 
heavy wet weather flows, transported sewer waters can overflow the 
regulator structures, which normally convey waste streams to the 
treatment plant, and discharge into adjacent surface waters. These 
discharges are called ``combined sewer overflows'' (CSOs). CSOs often 
contain high levels of suspended solids, bacteria, pathogens, and, in 
many instances, heavy metals and other toxic pollutants, floatables, 
nutrients, oxygen-demanding materials, oil and grease, and other 
contaminants.
    CSOs are point source discharges subject to technology-based 
treatment requirements and applicable water quality-based standards 
through NPDES permits. Because they occur prior to the headworks of the 
POTW treatment plant, these discharges are not considered discharges 
from a POTW and, consequently, are not subject to secondary treatment 
requirements.
    In the United States, approximately 1,100 (mostly older) 
municipalities have CSSs, with approximately 11,000 CSO outfalls that 
periodically discharge untreated sewage, commercial and industrial 
wastes, and storm water during wet weather events. Almost 85 percent of 
these municipalities are located in the Northeast and Great Lakes 
areas. Studies conducted in recent years reveal that CSO discharges are 
a leading cause of reduced water quality, increased health risks, 
degraded ecological conditions, and impaired beneficial uses within the 
Nation's surface waters. Although pollutant concentrations in CSOs 
frequently are lower than those in untreated average-flow municipal 
wastewater (due to dilution occurring during high flows), CSOs often 
result in large pollutant loadings within a short time, potentially 
causing beach closures, shellfish bed closures, and fish kills.
    In 1989, EPA published the National Combined Sewer Overflow Control 
Strategy (54 FR 37370, Sept. 8, 1989). On April 19, 1994, EPA expanded 
on the 1989 strategy by publishing the CSO Control Policy (59 FR 
18688). The Policy was developed through negotiated dialogue with 
State, environmental group, and municipal representatives. The Policy 
explains EPA's expectations for control of CSOs under the CWA and 
guides NPDES permitting authorities in issuing permits for CSO 
discharges. The Policy outlines a phased approach to permitting 
requirements. Under a Phase I permit, the permittee should document 
implementation of the nine minimum control measures identified in the 
Policy as minimum technology-based requirements established through 
best professional judgment (BPJ) to minimize CSO discharges. The nine 
minimum controls include review and modification of local pretreatment 
programs to minimize CSO impacts on receiving waters; maximization of 
flow to the POTW for treatment; control of solids and floatables; and 
monitoring to characterize effectively CSO impacts and the efficacy of 
CSO controls.
    The nine minimum controls are measures that can generally be 
implemented expeditiously to reduce CSOs and their effects on receiving 
water quality. The Phase I permit should not only require 
implementation of the nine minimum controls, but should also require 
development of a long-term control plan. The long-term control plan 
describes the long-term control strategy developed to ultimately result 
in compliance with the requirements of the CWA (including attainment of 
water quality standards). Under a Phase II permit, the permittee 
implements the specific controls described in the long-term control 
plan.

C. Sewage Sludge Program

1. Statutory Requirements for Sewage Sludge
    In 1987, Congress amended sec. 405 to establish a comprehensive 
sewage sludge control program. This program regulates the use and 
disposal of sewage sludge by POTWs and by other treatment works 
treating domestic sewage (TWTDS). Section 405 required EPA to develop 
technical standards that would establish sewage sludge management 
practices and acceptable levels of toxic pollutants in sludge.
    Section 405 also provides that NPDES permits issued to TWTDS 
contain requirements implementing the sewage 

[[Page 62551]]
sludge standards, unless sewage sludge control requirements are 
included in a permit issued under one of the following: Subtitle C of 
the Solid Waste Disposal Act; Part C of the Safe Drinking Water Act; 
the Marine Protection, Research, and Sanctuaries Act; the Clean Air 
Act; or EPA-approved State programs that comply with sec. 405. EPA may 
also issue ``sludge-only'' permits to TWTDS that are not otherwise 
subject to the NPDES program or to the other permitting programs listed 
above.
2. Sewage Sludge Permit Program Regulations
    On May 2, 1989, EPA promulgated regulations establishing the legal 
and programmatic framework for the National Sewage Sludge Program (54 
FR 18716). Sewage sludge management provisions are to be incorporated 
into EPA-issued permits or permits issued by a State under an EPA-
approved sewage sludge program. Sewage sludge information reporting 
requirements were also added to the overall NPDES permit application 
requirements of 40 CFR 122.21. The new regulations, however, neither 
listed the specific sewage sludge information requirements nor provided 
a form for reporting this information. Instead, the rulemaking cross-
referenced the existing State Sludge Management Program regulations in 
Part 501 and required applicants to submit the information listed at 
Sec. 501.15(a)(2). Paragraphs (i)-(v) of Sec. 501.15(a)(2) require 
information on the location and permitting status of the TWTDS. 
Paragraphs (vi)-(xii) require technical information on the applicant's 
sewage sludge use or disposal practice(s).
    On February 19, 1993, EPA amended the sewage sludge permit program 
regulations (58 FR 9404). This amendment phased in requirements for 
submitting sewage sludge permit application information. Any TWTDS that 
is required to have, or that requests, site-specific pollutant limits 
was required to submit permit application information by August 18, 
1993, for the first round of Part 503 standards. Other TWTDS with NPDES 
permits must submit application information with their next NPDES 
permit applications. Finally, TWTDS without NPDES permits (``sludge-
only facilities'') were to submit identification and screening 
information to the permitting authority by February 19, 1994, for the 
first round of Part 503 standards.
3. Part 503 Technical Standards
    On November 25, 1992, EPA promulgated the sewage sludge use and 
disposal standards required by section 405 of the CWA (58 FR 9248, et 
seq., February 19, 1993). These standards regulate the use and disposal 
of sewage sludge when it is applied to land, placed on a surface 
disposal site (including sludge-only landfills), fired in a sewage 
sludge incinerator, or sent to a municipal solid waste landfill 
(MSWLF). The standards for each regulated sewage sludge use or disposal 
method consist of general requirements, pollutant limits, management 
practices, operational standards, and requirements for monitoring, 
recordkeeping, and reporting. A number of parties petitioned for review 
of the regulations and on November 15, 1994, the United States Court of 
Appeals for the District of Columbia Circuit remanded several aspects 
of the regulations for modification or additional justification. 
Leather Industries of America, Inc. v. Environmental Protection Agency, 
40 F.3d 392 (D.C. Cir. 1994).
4. Implementation of Part 503 Technical Standards
    Section 405(f) of the CWA requires that permits issued to 
facilities involved in sewage sludge generation, treatment, or disposal 
include Part 503 requirements. Both POTWs and other TWTDS are engaged 
in sewage sludge generation, treatment, or disposal. However, some of 
these facilities are not required to obtain NPDES discharge permits 
pursuant to sec. 402 of the CWA because they do not discharge 
pollutants to surface waters. These are ``sludge-only'' facilities.
    POTW permits must contain requirements implementing applicable Part 
503 technical standards and other Part 122 permit conditions (such as 
boilerplate conditions and compliance monitoring requirements). POTW 
permits may also contain any other conditions the permitting authority 
develops on a case-by-case basis to protect public health and the 
environment. The permit also establishes a POTW's responsibilities for 
sewage sludge it sends to other facilities for disposal.
    In addition to POTWs, other TWTDS may also be issued permits. These 
treatment works include facilities dedicated to sewage sludge disposal 
(i.e., surface disposal sites and sewage sludge incinerators), as well 
as certain facilities that provide treatment or otherwise change the 
quality of the sewage sludge before ultimate use or disposal. Sewage 
sludge has undergone a change in quality if its pollutant 
concentrations, pathogen levels, or vector attraction properties have 
been altered sufficiently to change the sludge's regulatory status 
under Part 503. Therefore, processes such as stabilization, composting, 
digestion, heat treatment, or blending with bulking agents or with 
sewage sludge from another treatment works may all qualify as sewage 
sludge treatment. (For a more detailed discussion of who must apply for 
a permit, see the preamble to the May 2, 1989, regulations at 54 FR 
18725.)
5. Interim Sewage Sludge Permit Application Form
    On November 8, 1993, EPA published a notice about the interim 
sewage sludge permit application form (58 FR 59260). This interim form 
was developed to simplify the application process until Form 2S was 
completed. Section 122.21(d)(3)(ii) requires sewage sludge permit 
applications to include the information at Sec. 501.15(a)(2), which 
includes both specific and general information. This interim form 
ensures that permittees submit the necessary information; helps 
permittees to understand exactly which requirements apply to them; and 
makes the application requirements consistent for all permittees.
    Proposed Form 2S is based on the interim application form. EPA 
welcomes comments on the proposed Form 2S, especially from users of the 
interim form.

D. NPDES Watershed Strategy

    The Watershed Protection Approach is an Agency initiative which 
promotes integrated solutions to address surface water, ground water, 
and habitat concerns on a watershed basis. It represents EPA's renewed 
emphasis on addressing all stressors within a hydrologically defined 
drainage basin, instead of viewing individual pollutant sources in 
isolation. It is not a new program competing with, or replacing, 
existing programs; rather, it provides a management framework, within 
which baseline CWA program requirements, related public health 
concerns, and newer initiatives can be integrated to address 
restoration and protection of aquatic ecosystems cost-effectively .
    The Watershed Protection Approach has four components. First, it 
focuses protection and restoration activities within a geographically 
defined resource, the watershed. Second, it emphasizes the involvement 
of all affected stakeholders within a watershed; these may include 
Federal authorities, State governments, local governments, the 
regulated community, environmental groups, and other interested 
parties. Third, it stresses the need for appropriate stakeholders to 

[[Page 62552]]
take comprehensive, integrated actions to address environmental 
priorities. Finally, it promotes a regular effort to evaluate the 
success of these actions in protecting and restoring the watershed.
    The broad range of NPDES functions and activities gives the NPDES 
program a key role in implementing the Watershed Protection Approach. 
On March 21, 1994, the EPA Assistant Administrator for Water issued the 
NPDES Watershed Strategy. The Strategy represents a first step toward 
OW's goal of fully integrating the NPDES program into the broader 
Watershed Protection Approach.
    The Strategy outlines national objectives and implementation 
activities: (1) to integrate NPDES program functions into the broader 
Watershed Protection Approach; and (2) to support the development of 
Statewide basin management approaches. To this end, the Strategy 
identifies six areas that are considered essential for the Agency to 
support these objectives:
    Statewide Coordination--Support the development of Statewide basin 
management frameworks, coordinate EPA Office of Water grants 
application and reporting processes, and coordinate interstate basin 
efforts to facilitate implementation of the Watershed Protection 
Approach;
    NPDES Permits--Implement a methodology for issuing NPDES permits on 
a watershed basis and emphasize training on watershed protection. 
Streamline the NPDES permit development, issuance, and review process. 
Develop and implement innovative approaches to NPDES permitting on a 
watershed basis, where feasible;
    Monitoring and Assessment--Develop a Statewide monitoring strategy; 
establish point source ambient monitoring requirements, where 
appropriate, to facilitate the development of monitoring consortia and 
individual monitoring efforts; and promote comparable data collection, 
analysis, and utilization by all stakeholders;
    Programmatic Measures and Environmental Indicators--Revise existing 
national accountability measures to facilitate implementation of the 
Watershed Protection Approach and establish new measures of success 
that reflect assessment of progress toward short- and long-term 
watershed protection goals;
    Public Participation--Utilize existing NPDES public participation 
process and development of basin-wide management plans to encourage 
informed participation by watershed stakeholders, educate stakeholders 
about watershed planning efforts, and seek broad public participation 
in identifying local environmental goals; and
    Enforcement--Include emphasis on minor facilities which are 
discharging to priority basins, within the base national enforcement 
program, and use 308 authorities, inspections and supplemental 
environmental projects, where appropriate, to support watershed 
protection activities.
    The Agency views today's rulemaking as an opportunity to further 
the objectives of the Watershed Protection Approach and the NPDES 
Watershed Strategy. Both proposed Form 2A and proposed Form 2S request 
information which support these objectives. These questions are 
discussed in detail below. The Agency requests comment on what specific 
additional changes might be made to proposed Form 2A and proposed Form 
2S to support the Watershed Protection Approach.

E. Permit Writer's Information Needs Related to Endangered Species and 
Historic Properties

    EPA is considering whether the permit application regulations 
should require permit applicants to provide available information 
related to endangered species and historic properties. The Endangered 
Species Act, 16 U.S.C. Sec. 1531 et seq., creates certain obligations 
requiring the Agency to consult with other federal agencies (U.S. Fish 
and Wildlife Service and National Marine Fisheries Services) when EPA 
carries out, authorizes, or funds an action that may affect threatened 
or endangered (``listed'') species. The National Historic Preservation 
Act, 16 U.S.C. Sec. 470 et seq., creates certain obligations requiring 
the Agency to consult with State officials (State Historic Preservation 
Officers) and/or federal officials at the Advisory Council for Historic 
Preservation in order for EPA to take into account the effect on 
historic properties of an ``undertaking,'' as that term is defined by 
the National Historic Preservation Act. EPA believes that the 
collection of such information would be useful to regulatory officials 
in considering permit applications for activities or undertakings that 
may affect listed species or historic properties, respectively. Absent 
information in the permit application, EPA may need to collect such 
information on a case-by-case basis, which could delay the permit 
issuance process in some instances.
    EPA invites public comment on the information that could or should 
be provided by the permit applicant. Specifically, if EPA established 
permit application questions about listed species or historic 
properties, what kind of information can or should the permit applicant 
provide? Would it be appropriate to request that the permit applicant 
identify whether there are known or suspected listed species, including 
species proposed for listing and designated critical habitat, or 
historic properties in the area of the POTW discharge (or sludge use or 
disposal site by a TWTDS) that would be affected by that POTW discharge 
(or sludge use or disposal by a TWTDS)? How could or should EPA provide 
applicants with flexibility to assist regulatory officials in the 
consideration of potential impacts of activities on listed species or 
historic properties? Though EPA does not propose what type of 
information related to endangered species or historic properties would 
be sought in today's proposal, any such information collection requests 
in the final regulation may affect the costs associated with complying 
with the permit application regulations, both in terms of financial 
cost and burden hours. EPA invites public comment on all aspects of 
efficient federal permitting of POTWs (and TWTDS) consistent with 
requirements of the Endangered Species Act and the National Historic 
Preservation Act.

F. Permit as a Shield

    Section 402(k) of the CWA, also known as the ``shield'' provision, 
provides that compliance with an NPDES permit shall be deemed 
compliance, for purposes of sec. 309 and 505 enforcement, with sec. 
301, 302, 306, 307, and 403 of the CWA (except for any standard imposed 
under sec. 307 for toxic pollutants injurious to human health). In 
response to questions raised regarding EPA's interpretation of the 
scope of the ``shield'' associated with NPDES permits under the CWA, 
the Agency issued a policy statement on July 1, 1994, to describe the 
Agency's current position on the scope of the authorization by EPA to 
discharge under an NPDES permit and the shield thus associated with 
permit authorization.
    As part of an application for an individual NPDES permit, EPA 
requires that an applicant provide certain information on its facility. 
In the case of industrial permit application, this includes specific 
information about the presence and quantity of a number of specific 
pollutants in the facility's effluent, as well as general information 
on all waste streams and operations contributing to the facility's 
effluent and the treatment the wastewater receives. Present application 
requirements for 

[[Page 62553]]
municipal discharges focus primarily on the operation and treatment 
processes at the municipal treatment works, although some quantitative 
information is also required.
    Historically, EPA has viewed the permit, together with material 
submitted during the application process and information in the public 
record accompanying the permit, as important bases for an authorization 
to discharge under sec. 402 of the CWA. The availability of the sec. 
402(k) shield is predicated upon the issuance of an NPDES permit and a 
permittee's full compliance with all applicable application 
requirements, any additional information requests made by the permit 
authority and any applicable notification requirements under 40 CFR 
Secs. 122.41(l) and 122.42, as well as any additional requirements 
specified in the permit.
    In the July 1, 1994, policy statement, the Agency explained that a 
permit provides authorization and therefore a shield for the following 
pollutants resulting from facility processes, waste streams and 
operations that have been clearly identified in writing in the permit 
application process when discharged from specified outfalls:
    (1) Pollutants specifically limited in the permit or pollutants 
which the permit, fact sheet, or administrative record explicitly 
identify as controlled through indicator parameters (of course, 
authorization is only provided to discharge such pollutants within the 
limits and subject to the conditions set forth in the permit);
    (2) Pollutants for which the permit authority has not established 
limits or other permit conditions, but which are specifically 
identified in writing as present in facility discharges during the 
permit application process; and
    (3) Pollutants not identified as present but which are constituents 
of wastestreams, operations or processes that were clearly identified 
during the permit application process (the permit, of course, may 
explicitly prohibit or limit the scope of such discharges).
    With respect to subparts 2 and 3 of the permit authorization 
described above, the Agency recognizes that a discharger may make 
changes to its permitted facility (which contribute pollutants to the 
effluent at a permitted outfall) during the effective period of the 
NPDES permit. Pollutants associated with these changes (provided they 
are within the scope of the operations identified in the permit 
application) are also authorized provided the discharger has complied 
in a timely manner with all applicable notification requirements (see 
40 CFR 122.41(l) and 122.42 (a) and (b)) and the permit does not 
otherwise limit or prohibit such discharges. Section 122.42(b) requires 
that POTWs must provide adequate notice, including information on the 
quality and quantity of discharges to the POTW and anticipated impacts 
on the quantity or quality of effluent discharged by the POTW, of new 
introductions of pollutants by indirect dischargers into the POTW and 
any substantial change in the volume or character of pollutants being 
introduced by sources introducing pollutants into the POTW at the time 
of permit issuance.
    Notwithstanding any pollutants that may be authorized pursuant to 
subparts 1 and 2 above, an NPDES permit does not authorize the 
discharge of any pollutants associated with wastestreams, operations, 
or processes which existed at the time of the permit application and 
which were not clearly identified during the application process.
    In the July 1994 policy statement, the Agency committed to revise 
the NPDES permit application regulations for both municipal and 
industrial discharges, so as to ensure that applicants would have the 
responsibility to characterize more fully the nature of their effluents 
and the contributions of their effluents to receiving waters. The 
Agency stated that, in addressing this issue, it would review EPA's 
position on the scope of the shield provided by sec. 402(k).
    Generally, the discharger is in the best position to know the 
nature of its discharge and potential sources of pollutants. 
Consequently, requiring as full a disclosure as technically possible in 
the permit application is one option EPA may want to consider in light 
of the protection afforded the discharger by the permit shield. 
However, in the case of POTWs, providing a permit shield only for 
pollutant discharges fully and completely characterized in the permit 
application could represent a significant burden on POTWs if they were 
required to identify every pollutant discharged. This is so because of 
the potential pollutant contribution into POTW sewer systems from 
industrial users and residential dischargers. Narrowing the scope of 
the shield and consequent expansion of potential liability would likely 
raise the cost associated with the failure to anticipate, detect, and 
provide information on these discharges.
    The Agency has concerns that, using the current application form, 
permitting authorities using the existing municipal application forms 
may not always receive the information about an applicant's discharge 
needed to develop permits consistent with the requirements of the CWA. 
In today's proposed rule, the Agency is updating its POTW discharge 
application requirements (proposed Form 2A and proposed Sec. 122.21(j)) 
to provide more information to permit writers and to streamline the 
permitting process by ensuring that the information needed from most 
applicants is consolidated onto a single application form. The Agency 
solicits comment on whether the proposal adequately addresses these 
concerns. Moreover, EPA is seeking the public's views on how to strike 
the proper balance between the need for environmental protection, 
incentives to ensure adequate disclosure, and the discharger's need for 
certainty that its conduct meets legal requirements.
    The Agency also specifically requests comment on adding additional 
application requirements that would make applicants responsible for 
providing more information than that specified on the form. For 
example, the Agency is considering adding a question asking whether the 
POTW has any other information on pollutants not otherwise requested on 
the form. The Agency is also considering whether to ask whether the 
POTW has any information on adverse impacts on water quality, such as 
information concerning beach closings, citizen complaints, or fish 
kills. In providing comments on such questions, commenters should state 
whether they would have a chilling effect on--that is, might tend to 
inhibit--the activities of POTWs already participating, for example, in 
ambient monitoring. Comment is also requested on the extent to which 
such information is already available to permitting authorities.

G. Pollutant Data from POTWs

    In preparing options for pollutant data collection for today's 
proposed rule, the Agency sought to identify relevant pollutant data 
records for reference. In so doing, the Agency reviewed POTW effluent 
``priority pollutant scan'' data from EPA Region VI and from North 
Carolina. These data represented data from samples of the effluents of 
several hundred POTWs with a design flow greater or equal to one (1.0) 
mgd (i.e., ``major'' POTWs). Although the information requested by the 
Region and State differed in some respects, each required major POTWs 
to report on all ``priority pollutants'' (i.e., the pollutants listed 
in 40 CFR Part 122, Appendix D, Tables II and III). The Agency compiled 
this information in a database, and analyzed it to determine the 
pollutants most frequently detected in these effluents.
    The Agency concluded that, although this survey was not conducted 
based on 

[[Page 62554]]
statistical methodologies, it was possible to discern certain general 
patterns in the incidence of pollutants reported. Our review of Region 
VI and North Carolina data indicated that over 90% of 300 POTWs sampled 
reported at least one of the chemicals listed in Appendix D, Table III. 
Copper and zinc each appeared in two-thirds of all the POTWs surveyed; 
lead and nickel each appeared in about thirty percent of the effluents 
sampled; antimony, arsenic, cadmium, and silver each appeared in more 
than fifteen percent of facilities; and mercury and cyanide each 
appeared in slightly fewer than fifteen percent. Certain volatile 
organics (i.e., THMs) each appeared in roughly a quarter or more of the 
POTWs sampled; and certain base neutral compounds (i.e., pthalate 
esters) each showed up in ten to twenty percent of POTWs. Finally, only 
a few of the pesticides listed in Appendix D, Table II were reported in 
a small number of these scans.
    While this information was not determinative in the Agency's 
decisions about what to include on the forms, it was consistent with 
other information provided, and supported some of the Agency's 
assumptions articulated elsewhere in this preamble concerning the 
appropriate pollutant test data to require from major POTWs. Notably 
lacking, however, were data on discharges from ``minor'' POTWs (those 
with a design flow of less than one (1.0) mgd). The Agency is seeking 
information concerning the discharges from minor POTWs and intends to 
collect such information between this proposal and the final rule that 
will provide a basis for determining the appropriate sampling 
requirements for those POTWs.

H. Public Consultation in the Development of Today's Proposal

    In the course of developing today's proposed rule, EPA made efforts 
to consult with interested stakeholders in the application process. In 
late 1993 and early 1994, the Agency sought feedback on draft forms and 
other elements of the proposal from States with approved NPDES 
programs, local governments, the Association of State and Interstate 
Water Pollution Control Administrators (ASIWPCA), the Association of 
Metropolitan Sewerage Agencies (AMSA), the California Association of 
Sanitation Agencies (CASA), the Water Environment Federation (WEF), and 
several environmental groups. In response to this outreach effort, the 
Agency received written comments from a dozen States, several 
municipalities, and from AMSA. Agency representatives also met with 
State and municipal representatives and conducted a conference call 
through WEF.
    With respect to the POTW wastewater discharge application, the 
Agency was particularly interested in issues relating to pollutant data 
collection. The Agency indicated that it was considering a tiered 
approach, based upon POTW size and the level of industrial contribution 
(i.e., whether the POTW was required to implement a local pretreatment 
program). Most commenters generally supported the idea of a tiered 
approach (i.e., that the Agency not require the same information from 
all POTWs). The Agency received an array of suggestions concerning what 
pollutant data should be required. Among the concerns raised by 
commenters were the following: ease of completion; flexible 
implementation by States; reduced pollutant data requirements; 
sensitivity to impacts on small municipalities; and elimination of 
redundant reporting. In addition, the Agency received numerous 
technical comments concerning various details of the information to be 
reported.
    In response, the Agency has made changes to the proposed rule to 
provide a user-friendly modular design for the forms and has revised 
its initial approach to municipal pollutant data collection for this 
proposal. The Agency's proposed approach to pollutant data collection 
would limit pollutant data requests to those pollutants of greatest 
concern and would require less pollutant data from smaller 
municipalities. However, the Agency is still considering several 
options concerning the amount of pollutant data to be provided, 
including options that would require minor POTWs to provide sampling 
data on metals, some organic compounds, and whole effluent toxicity.
    With respect to the sludge application, the Agency was interested 
in the type and amount of pollutant data currently requested by States. 
Responses showed variation among States. Comments were also received 
that questioned the need for some of the information to be collected by 
Form 2S. The Agency has removed some questions that it agrees are not 
necessary for sludge permit applications. The Agency also requests 
comment on several options for pollutant data collection.
    Finally, the Agency proposes to allow the use of existing data and 
to reduce redundant reporting by allowing permitting authorities to 
waive reporting of information to which they have direct access. This 
proposal is discussed in more detail in those portions of the preamble 
which focus on the relevant provisions of the proposed rule. The Agency 
also solicits comments on alternative considerations specifically 
addressed to pollutant data submission and industrial user information.

II. Approach Taken in Today's Notice

A. Scope of Today's Rulemaking

    Today's notice proposes two sets of NPDES application requirements 
and a corresponding permit application form, together with 
instructions, for each. Proposed Sec. 122.21(j) contains application 
requirements pertaining to wastewater treatment and discharge at 
publicly owned treatment works (POTWs), and would require that 
applicants submitting this information to EPA use new Form 2A. Proposed 
Sec. 122.21(q) contains application requirements pertaining to 
generation, treatment, and disposal of sewage sludge at POTWs and other 
treatment works treating domestic sewage, and would require that 
applicants submitting applications to EPA use new Form 2S.
    The proposed forms would be used both by EPA and by approved NPDES 
States that choose to adopt these forms. Approved States could also 
elect to use forms of their own design so long as the information 
requested includes at least the information required by the final 
NPDES/sludge regulations. EPA and State NPDES authorities may request 
additional information from permit applicants whenever necessary to 
establish appropriate permit limits and conditions. CWA sec. 308.
    The proposed forms and instructions for each form are included with 
today's proposed rule as an appendix to the rulemaking package. EPA is 
not intending to publish the forms and instructions with the final 
rule, so as to reduce the length of the Federal Register notice for the 
final rulemaking, and solicits comment on this issue.

B. The Agency Proposes to Revise the Definition of POTW and Existing 
Permit Application Requirements for POTWs

    Today, EPA proposes to revise the definition of the term ``POTW,'' 
as defined in 40 CFR Part 122 to conform more exactly with the 
definition of the term at 40 CFR Part 403. ``POTW'' is defined at 40 
CFR 403.3 as ``a treatment works . . . which is owned by a State or 
municipality.'' This definition includes devices and systems used in 
the storage, treatment, recycling, and reclamation of municipal sewage 
or industrial wastes of a liquid nature, as well as sewers, pipes, and 
other conveyances that carry wastewater to a 

[[Page 62555]]
POTW treatment plant. As defined, the term ``POTW'' also refers to the 
municipality that has jurisdiction over the discharges to and from such 
a treatment plant. In today's proposed rule, the Agency proposes to 
revise the definition of POTW in Part 122 so as to be consistent with 
the more commonly understood definition located in Part 403.
    The Agency's intention is to simplify and clarify, though EPA 
recognizes that any change may create unanticipated confusion. The 
Agency solicits comments on effects on conforming the Part 122 
definition with the Part 403 definition. Specifically, the Agency is 
interested in the extent the change would affect: implementation of the 
Combined Sewer Overflow policy; regulatory consideration of sanitary 
sewer overflows; and implementation and applicability of the NPDES and 
pretreatment programs to sewerage collection systems that are not 
owned/operated by the owner/operator of the treatment plant to which 
collected waste waters are transported.
    The Agency proposes to revise whole effluent toxicity testing 
requirements found in the existing POTW permit application regulations 
at Sec. 122.21(j). Under existing Sec. 122.21(j) (1)-(3), a POTW must 
provide the results of whole effluent biological toxicity testing as 
part of its NPDES permit application, if the POTW has a design flow 
equal to or greater than one million gallons per day; if it has (or is 
required to have) an approved pretreatment program; or if it is 
required to report by the Director (NPDES State Program Director or EPA 
Regional Administrator). The Agency proposes to revise this requirement 
to reflect Agency guidance and policy, as well as practical experience 
in implementing existing requirements, as set forth at proposed 
Sec. 122.21(j)(4).
    The Agency proposes to change the pretreatment requirement for 
local limit calculations from an application requirement to a permit 
requirement. Under existing Sec. 122.21(j)(4), any POTW with an 
approved pretreatment program must provide a written technical 
evaluation of the need to revise local limits under 40 CFR 403.5(c)(1). 
The existing provision requires that the local limits evaluation be 
done prior to permit issuance. This has generated feedback from States 
and municipalities that it would be better to require the evaluation 
after permit issuance, so as to avoid the need for a second technical 
evaluation if the POTW's permit limits are revised in the new permit. 
In response to these concerns, the Agency proposes to change this from 
an application requirement to a POTW pretreatment program requirement, 
at proposed Sec. 403.8(f)(4)(B).

C. EPA Proposes Form 2A for POTWs to Replace Standard Form A and Short 
Form A

    Today EPA proposes a new NPDES application form, Form 2A, for 
POTWs. Currently, POTWs may be required to submit one of two forms, 
depending on the size of the POTW. While both of these forms are 
approved Federal forms, the NPDES regulations do not require use of the 
forms by POTWs when applying for a permit. Standard Form A is intended 
to be used by all POTWs with a design flow equal to or exceeding one 
million gallons per day. Standard Form A contains questions about the 
facility and collection system, discharges to and from the facility 
(including information on some specific pollutant parameters), and 
scheduled improvements and schedules of implementation. Short Form A is 
intended for use by all POTWs with a design flow of less than one 
million gallons per day. Short Form A contains only fifteen questions 
of a summary nature, and asks for virtually no information on specific 
pollutants. Many States use one or both of the Federal forms, but a 
number of States have developed State forms that request information 
not included on the Federal forms.
    EPA proposes to replace both Standard Form A and Short Form A with 
a single Form 2A, subdivided into two parts, titled ``Basic Application 
Information'' and ``Supplemental Application Information''. Basic 
application information would include information about the collection 
system and the treatment plant, general information concerning the 
types of discharges from the treatment plant, identification of 
outfalls, certain effluent characteristics, and scheduled improvements. 
The Agency believes that a separate short form for all minor POTWs is 
no longer appropriate, because in order to establish adequate permit 
limits, information such as that mentioned above must be collected from 
all POTWs, regardless of size.
    On the other hand, the Agency recognizes the need to be selective 
in requiring further additional information. For this reason, the 
Agency has divided the proposed form into two parts. To limit the 
reporting burden for smaller POTWs without significant industrial 
contributions, EPA proposes to require effluent monitoring data for 17 
parameters from POTWs with design flows less than one million gallons 
per day (mgd) and without pretreatment programs. These 17 parameters 
consist mostly of conventional and nonconventional pollutants. Larger 
POTWs and pretreatment POTWs, by comparison, would be required to 
report effluent monitoring data for metals and organic compounds as 
well as the 17 parameters required for smaller POTWs. Thus, the Basic 
Application Information part of Form 2A would require reporting on 
those parameters required of all POTWs, while the Supplemental 
Application Information part of the form would be used by applicants 
providing data on toxic pollutants (i.e., larger POTWs and pretreatment 
POTWs). Similarly, the Supplemental Application Information part of 
Form 2A is intended to be used by applicants required to provide the 
results of whole effluent toxicity tests, applicants with significant 
industrial users, and applicants with CSOs.
    The Agency also invites comment on requiring use of the form 
itself. As explained previously, EPA conducted significant public 
outreach to design an application form that is easy to use, including 
outreach on the form itself. Use of the form would provide all of the 
information requested in the proposed application regulations, whereas 
modification of the form may result in failure to provide information 
to be required in the proposed regulations. On the other hand, EPA 
seeks to provide maximum flexibility by ``streamlining'' procedures for 
permit development. The Agency seeks comment on whether requiring use 
of the form would interfere with streamlining permitting procedures.

D. Applicability of Form 2A to Privately Owned and Federally Owned 
Treatment Works

    As in the case of existing Standard Form A and Short Form A, EPA 
proposes that Form 2A and the application requirements at 
Sec. 122.21(j) be required only for POTWs. However, the Agency proposes 
that the Director have the discretion to use the proposed form for 
treatment works that are not POTWs. As previously discussed, the NPDES 
program has evolved considerably since Standard Form A and Short Form A 
were promulgated in 1973, and now embraces facilities that operate 
similarly to POTWs but which do not meet the regulatory definition of 
POTW. Although not owned by a State or municipality, such facilities 
nevertheless receive predominantly domestic wastewater, provide 
physical and/or biological treatment, and discharge effluent to waters 
of the United States. Such facilities include Federally owned treatment 
works (FOTWs) and privately owned treatment 

[[Page 62556]]
works that treat primarily domestic wastewater.
    EPA is aware that Federal and State permitting authorities use a 
number of mechanisms for obtaining NPDES permit application information 
from non-POTW treatment works. These mechanisms include Standard Form 
A, Short Form A, Form 2C (``Existing Manufacturing, Commercial, Mining, 
and Silvicultural Operations''), and Form 2E (``Facilities Which Do Not 
Discharge Process Wastewater''). The Agency believes that Form 2A would 
in many cases be the more appropriate application form for non-POTW 
treatment works, and solicits comments on its applicability to such 
facilities.
    Nevertheless, the Agency does not propose to require Form 2A for 
non-POTW treatment works. Despite many functional similarities to 
POTWs, such facilities do not share the same regulatory requirements 
and thus might not be required to report the same information to 
permitting authorities. In many instances, non-POTW treatment works are 
not required under the NPDES regulations to develop pretreatment 
programs, meet secondary treatment requirements, or report results of 
whole effluent toxicity testing with their permit applications. For 
those facilities, requiring such information through Form 2A might be 
unnecessary.
    The Agency solicits comments on whether the provisions of 
Sec. 122.21(j) and the requirement to use Form 2A should be extended to 
treatment works other than POTWs. EPA is particularly interested in 
commenters' views on how to collect appropriate information in 
appropriate circumstances. EPA also seeks to design permit application 
requirements to account for privatization of treatment plants initially 
constructed as publicly owned treatment works. The permit application 
requirements in this proposed rule may be appropriate for partially 
privatized portions of POTWs, particularly because the proposed 
information regulations in today's rule would solicit information about 
sewerage collection systems that might not otherwise be collected under 
the industrial permit application regulations. Finally, EPA solicits 
comment on the extent of the similarity between POTWs and FOTWs, for 
example, whether FOTWs would have combined sewage collection systems. 
In another part of today's proposal, EPA is soliciting comment about 
the definition of POTW to which the permit application regulations 
would apply.

E. EPA Proposes Revised Application Requirements and Form 2S for Sewage 
Sludge Permits

    Today, EPA also proposes a new form, Form 2S, to collect 
information on sewage sludge from treatment works treating domestic 
sewage (TWTDS). The term ``treatment works treating domestic sewage'' 
is a broad one, intended to reach facilities that generate sewage 
sludge or effectively change its pollutant characteristics as well as 
facilities that control its disposal. The term includes all POTWs and 
other facilities that treat domestic wastewater. It also includes 
facilities that do not treat domestic wastewater but that treat or 
dispose of sewage sludge, such as sewage sludge incinerators, 
composting facilities, commercial sewage sludge handlers that process 
sludge for distribution, and sites used for sewage sludge disposal. In 
addition, EPA may designate a facility a TWTDS when the facility's 
sludge quality or sludge handling, use, or disposal practices have the 
potential to adversely effect public health and the environment. Septic 
tanks or similar devices are not considered TWTDS.
    In addition to proposing sewage sludge application requirements in 
new paragraph 122.21(q), EPA also proposes to delete the cross-
reference to Sec. 501.15(a)(2) in paragraph 122.21(d)(3)(ii). This 
would consolidate all of the sewage sludge application requirements in 
paragraph 122.21(q). The information included in Sec. 122.21(d)(3)(ii) 
and Sec. 501.15(a)(2) was not intended to be a final, comprehensive 
list of all of the application information required of a TWTDS. Such a 
comprehensive list was not possible until after promulgation of the 
technical sewage sludge standards. Rather, with these sections, EPA 
provided a minimum set of information requirements to suffice until 
more comprehensive sewage sludge permit application regulations could 
be promulgated. In light of the promulgation of technical sewage sludge 
use or disposal standards, at 40 CFR Part 503, EPA today proposes to 
modify the sewage sludge permit application requirements to add new 
Sec. 122.21(q) and to revise paragraph Sec. 122.21(d)(3)(ii) 
accordingly.
    EPA intends to maintain consistency between the NPDES permit 
application requirements of Part 122 and the State sewage sludge 
permitting requirements of Parts 123 and 501. This reflects EPA's 
belief that a TWTDS should submit the same application information 
regardless of whether the permitting authority regulates sludge 
management under an approved NPDES or under a non-NPDES program. 
Therefore, under today's rulemaking, EPA also proposes to revise the 
language of Secs. 123.25(a)(4) and 501.15(a)(2) to modify the sludge 
information requirements. EPA seeks comment on this revision.

F. Reasons for Separate Form 2A and Form 2S

    EPA today proposes two separate forms for municipal wastewater 
discharges and sludge for several reasons. First, the forms would 
differ in their applicability. Form 2A would apply only to POTWs; Form 
2S would require information from all TWTDS. Most facilities that 
generate, treat, or dispose of sewage sludge are POTWs, and will be 
required to submit both application forms. However, several thousand 
TWTDS do not discharge to surface waters and therefore are not required 
to have NPDES discharge permits. Thus, they would be required to submit 
Form 2S but not Form 2A.
    Second, separate application forms are also appropriate because 
wastewater and sewage sludge are often regulated by different 
permitting authorities. In 41 States and territories, the NPDES program 
is administered at the State level through an EPA-approved NPDES 
program. Therefore, POTWs in NPDES States would obtain NPDES permits 
from the State permitting authority (by submitting Form 2A to the 
State) and sewage sludge permits from EPA (by submitting Form 2S to the 
EPA Regional Office). Separate application forms would facilitate this 
bifurcated permitting process. In addition, even when a State sludge 
permitting program is approved, the program will not necessarily be 
administered by the State's NPDES permitting authority. For example, a 
POTW in a State with both NPDES and sludge permitting authority could 
receive its NPDES permit from the water management agency and its 
sewage sludge permit from a solid waste agency. Separate Forms 2A and 
2S would also facilitate permitting in this situation.

G. EPA Solicits Comment on the Use of Electronic Application Forms

    Consistent with recent amendments to the Paperwork Reduction Act, 
the Agency intends to develop electronic data submission as an 
alternative form of application. The use of electronic media should 
help to streamline the application process and to reduce the amount of 
repetition associated with completing application forms that are only 
available on hard copy. As previously noted, the elimination of 
redundant reporting is one of the goals of this rulemaking. 

[[Page 62557]]

    It is not clear, however, how this would best be accomplished, 
especially because permit application forms must be ``signed'' to 
ensure reliability of permit application information (and 
enforceability of the permit application regulations). Options range 
from transmitting data electronically, submitting disk copies, or 
submitting a hard copy. It might be most feasible to have electronic 
forms that could be distributed and completed electronically, and then 
printed, signed, and submitted. Although the Agency is considering how 
``signatures'' for electronic submissions could be obtained, there are 
other issues concerning the use of application forms, such as how to 
attach accompanying documents. The Agency solicits comments regarding 
the interest that applicants and permitting authorities may have in 
this area, and suggestions as to how it could most feasibly be 
accomplished.

III. Description of Proposed Requirements

A. EPA Proposes to Revise Requirements in Sec. 122.21 (c), (d) and (f) 
Concerning the Use of Forms 1, 2A, and 2S

    EPA proposes revisions to the existing general application 
requirements for all NPDES permittees, which would require the use of 
Forms 2A and 2S by applicants for EPA-issued permits. The proposed rule 
would not require applicants using these forms to use Form 1, as is 
currently required. Today's proposed rule substantially incorporates 
the requirements of Sec. 122.21(f) into the requirements of proposed 
Sec. 122.21 paragraphs (j) and (q).
1. Requirement to Submit Form 2A
    EPA proposes in Sec. 122.21(d) to require POTWs to submit the 
information at Sec. 122.21(j) using Form 2A or an equivalent form 
approved by the Director. The Agency proposes to require applicants for 
EPA-issued permits to complete Form 2A, but is considering not 
requiring the use of the form so long as the proposed regulatory 
requirements are met. The Agency intends to allow the use of any method 
of electronic data submission the Agency may approve as part of the 
final rule in lieu of the form itself.
2. Requirement to Submit Form 2S
    EPA also proposes in Sec. 122.21 paragraphs (c)(2)(iii) and (d) to 
require TWTDS to submit the information at Sec. 122.21(q) using Form 2S 
or an equivalent form approved by the Director. As with Form 2A, the 
Agency proposes to require applicants for EPA-issued permits to 
complete Form 2S, but is considering not requiring the use of the form 
so long as the proposed regulatory requirements are met. Also as with 
Form 2A, the Agency intends to allow the use of any method of 
electronic data submission the Agency may approve as part of the final 
rule.

B. Application Requirements for POTWs (40 CFR 122.21(j))

    Today's proposed rule includes application requirements for all 
POTWs. These requirements are proposed at 40 CFR 122.21(j). Form 2A 
tracks the information required by the regulation in parallel fashion. 
Applicants for State-issued permits are not required to use Form 2A, so 
long as the other application form provided by the Director requests 
the information required by proposed Sec. 122.21(j).
    EPA acknowledges concerns relating to redundant reporting which 
were raised by State and municipal commenters during the consultation 
process. The Agency does not wish to require applicants to report 
information already provided or available to the permitting authority. 
Today's proposal would allow permitting authorities to waive reporting 
requirements, as appropriate. The introductory paragraph of proposed 
Sec. 122.21(j) would allow the Director to waive any requirement in 
proposed paragraph (j) if the Director has access to substantially 
identical information. The Agency solicits comment on this approach 
and, specifically, on the conditions for allowing such a waiver. In 
today's proposed rule, the Agency also solicits comments on more 
narrowly defined waivers for specific requirements (see discussion 
below concerning pollutant data requirements and industrial user 
information requirements).
    The Agency also solicits comment on ways to allow the permit writer 
or permitting authority discretion in waiving particular information 
where the permitting authority determines that such information is not 
necessary for the application. In other words, there may be flexible 
ways to look at each applicant in light of the overall ``matrix of 
characteristics'' regarding a particular facility. Where, for example, 
historical data indicate that additional sampling is not warranted 
unless other conditions have changed, the Agency is allowing the 
permitting authority to waive such sampling. Such flexibility would 
involve a holistic approach to implementing these proposed 
requirements. The Agency solicits comment as to ways in which it could 
be accomplished without making these provisions entirely discretionary, 
and thus making it difficult for the applicant to predict how 
discretion would be exercised. This might be particularly relevant on 
the second and subsequent rounds of permitting under these proposed 
provisions. The Agency also seeks comment on what information might be 
appropriate and what information might be inappropriate for such 
waivers.
1. Basic Application Information
    Today's proposal would require all POTW applicants to provide the 
information in proposed Sec. 122.21(j)(1). All of this information is 
also requested in Questions 1-16 of the Basic Application Information 
part of proposed Form 2A.
    Proposed Sec. 122.21(j)(1) of today's rule would require 
information on the POTW's service area and physical plant. The proposed 
rule would require all applicants to provide information regarding the 
community served and physical characteristics of the treatment works.
    Proposed Sec. 122.21(j)(1)(i) requests facility identification 
information. Proposed Sec. 122.21(j)(1)(ii) requests information about 
the applicant, which may or may not be the facility itself. Proposed 
Sec. 122.21(j)(1)(iii) asks the applicant to provide permit numbers of 
any existing environmental permits that have been issued to the 
facility.
    Proposed Sec. 122.21(j)(1)(iv) would require the applicant to list 
the municipalities and populations served by the POTW. The POTW may 
serve several areas (including unincorporated connector districts) in 
addition to the one in which it is located. The permit writer needs to 
know what areas are served and the actual population served in order to 
calculate the potential domestic sewage loading to the facility. The 
information on the community is also useful for providing notice and 
public comment for permit reissuance, and for public education.
    Proposed Sec. 122.21(j)(1)(v) would require the applicant to report 
the facility's design flow rate and the annual average daily flow rate 
for each of the past three years. This information enables the 
permitting authority to calculate limits appropriate to the POTW, to 
alert the permitting authority to the need for flow restrictions or 
facility expansion, and to compare design and actual flows.
    Proposed Sec. 122.21(j)(1)(vi) would require information on the 
type of collection system used by the facility. The applicant would 
also identify whether the collection system is a separate sanitary 
system or a combined storm and sanitary system. The 

[[Page 62558]]
applicant would also estimate the percent of sewer line that each type 
comprises. Familiarity with the type of collection system enables the 
permit writer to anticipate combined collection system overloading in 
wet weather. The current application form, Standard Form A, requests 
that the applicant also provide the length of the collection system (in 
miles). The proposed rule does not include this requirement because the 
Agency does not believe that such information is useful to the permit 
writer.
    Proposed Sec. 122.21(j)(1)(vii) would also require information on 
inflow and infiltration. Inflow is the uncontrolled entrance of water 
into the collection system from surface sources such as unsealed 
manholes. Infiltration is water that enters the collection system 
through deteriorated or defective pipes, joints, and connections. Both 
conditions may indicate the need for special permit conditions (such as 
best management practices) to reduce the inadvertent flow of water to 
the POTW. EPA requests comment on the availability of inflow and 
infiltration information at POTWs. This provision would also request 
information on steps the facility is taking to minimize inflow and 
infiltration.
    Proposed Sec. 122.21(j)(1)(viii) would require the applicant to 
provide a topographic map that includes information on the layout of 
the treatment plant, including all unit processes; intake and discharge 
structures; wells, springs, and other surface water bodies; sewage 
sludge management facilities; and the location(s) at which hazardous 
waste enters the treatment plant by truck, rail, or dedicated pipe. 
This provision reflects the topographic map requirements of 
Sec. 122.21(f)(7), and is more specifically designed to include 
features most likely to be found at a POTW.
    Proposed Sec. 122.21(j)(1)(ix) would require the applicant to 
submit a process flow diagram or schematic, together with a narrative 
description. The permit writer uses this information to develop 
secondary treatment and water quality-based permit requirements, as 
well as other applicable permit conditions.
    Proposed Sec. 122.21(j)(1)(x) would require information about 
bypasses, which are intentional diversions of wastestreams from any 
part of a treatment plant. Regulations governing bypasses are set forth 
at 40 CFR 122.41(m). Facilities experiencing bypasses are required to 
estimate the frequency, duration, and volume of bypass incidents, and 
the reasons why bypasses have occurred. Information on bypasses is used 
by the permit writer to develop appropriate permit limits and 
conditions for these discharges.
    Proposed Sec. 122.21(j)(1)(xi) would require general information 
regarding discharges to waters of the United States as well as 
discharges to destinations other than surface waters. This information 
enables the permit writer to account for all wastewater that enters the 
POTW, regardless of whether or not it is discharged directly to 
receiving waters. From a watershed permitting standpoint, permitting 
authorities may use this information to identify flows that 
individually or collectively may have an impact on the watershed, 
whether or not they are discharged directly into waters of the U.S.
    If any effluent is discharged to surface impoundments with no 
discharges to waters of the U.S., the applicant would report the 
location of each surface impoundment, the annual average daily volume 
discharged to each surface impoundment, and whether the discharge is 
continuous or intermittent. If effluent is applied to the land, the 
applicant must provide the site location, the site size, and the annual 
average daily volume of effluent applied. The applicant must also state 
whether land application is continuous or intermittent. This 
information alerts the permit writer to the potential for point source 
discharges to arise from land application sites under certain 
circumstances, such as cold weather or high volume discharges, or from 
surface impoundments.
    Proposed Sec. 122.21(j)(1)(xi) would also require the applicant to 
report whether wastewater is discharged to another treatment works, the 
means by which the wastewater is transported, the average daily flow 
rate to that facility, and information identifying the receiving 
facility. The applicant must also identify the organization 
transporting the discharge, if other than the applicant. The permit 
writer needs this information in order to track the wastewater and 
verify the transfer.
    Finally, proposed Sec. 122.21(j)(1)(xi) would require information 
on other types of disposal, such as underground percolation or 
injection. These types of disposal may result in the transfer of 
pollutants to waters of the U.S. through underground flows, and thus 
are of interest both to the permit writer in writing the permit and to 
the permitting authority in designing watershed protection strategies.
    Proposed Sec. 122.21(j)(1)(xii) would require the applicant to 
report whether the POTW is located on a Federal Indian Reservation, 
discharges to a receiving water that is on a Federal Indian Reservation 
or upstream of and eventually flows through a Federal Indian 
Reservation. This information enables the permit writer to identify the 
proper permitting authority and applicable requirements, including 
applicable water quality standards.
    Proposed Sec. 122.21(j)(1)(xiii) would require the applicant to 
provide information about any scheduled facility improvements. 
Improvements to the facility may change its flow or removal efficiency, 
necessitating a permit modification. The permit writer may modify the 
permit when the improvement is complete, or may include alternate 
limits in the permit that would take effect upon completion of the 
improvement.
    The current application form, Standard Form A, requests certain 
information about required improvements including information on dates 
for completion of the preliminary plan, completion of the final plan, 
awarding of contract, and site acquisition. EPA is proposing to delete 
these requirements but solicits comment on their usefulness. Standard 
Form A also requires the applicant to identify the authority imposing 
the improvement and the general and specific action codes. The Agency 
proposes to delete this requirement because permit writers have 
indicated that this information is unnecessary to writing the permit.
2. Information on Effluent Discharges
    Proposed Sec. 122.21(j)(2) of today's rule would require all POTWs 
that discharge effluent to waters of the U.S. to provide specific 
information for each outfall through which effluent is discharged to 
surface waters, excluding CSO outfalls. This information would be 
reported in Questions 17, 18, and 19 of the Basic Application 
Information part of proposed Form 2A. The applicant would be required 
to submit the information required for each outfall.
    Proposed Sec. 122.21(j)(2)(i) would require general information 
about each outfall. The applicant must specify the outfall number, 
location, latitude and longitude, distance from shore (if applicable), 
distance below surface (if applicable), and average daily flow (in 
million gallons per day). EPA enters the latitude and longitude points 
into the water quality data base STORET. Maps of the location of water 
discharges are developed to examine the relationship between NPDES 
outfalls and other areas of concern, such as drinking water intake 
points or sensitive ecosystems. This information is also used to 
establish water quality-based effluent limits appropriate for the 
particular 

[[Page 62559]]
receiving water. The locational data requested by this question also 
supports the Watershed Protection Approach, because it provides Federal 
and State environmental managers with information they need to 
geographically locate discharge points.
    Latitude and longitude would be required to be reported to the 
nearest second. This is consistent with EPA's Locational Data Policy 
(LDP) (See ``Locational Data Policy Implementation Guidance, Guide to 
the Policy (March 1992)''). In accordance with this policy, all 
latitude/longitude measurements in Agency data collection should have 
accuracies of better than 25 meters (i.e., roughly, one second).
    Proposed Sec. 122.21(j)(2)(i) would require information about the 
interval and duration of effluent discharges that are seasonal or 
periodic. Such discharges arise from certain conditions, usually 
related to the process at an industrial user, whereby the industrial 
user discharges intentionally at specified times following treatment. 
For each outfall with an intermittent discharge, the applicant must 
report the annual frequency, duration, flow, and the months in which 
the discharge occurs. The permit writer uses this information to 
develop permit limits that reflect the intermittent nature of such 
discharges.
    Proposed Sec. 122.21(j)(2)(i) would also require the applicant to 
specify whether the outfall is equipped with a diffuser and the type of 
diffuser (e.g., high-rate) used. The permit writer uses this 
information to make mixing zone calculations. (See ``Technical Support 
Document for Water Quality-based Toxics Control,'' EPA/505/2-90-001, 
March 1991.)
    Most POTWs discharge treated effluent to surface waters such as 
streams or rivers. Proposed Sec. 122.21(j)(2)(ii) solicits information 
that describes and identifies the receiving waters into which each 
outfall discharges. Information about the type of receiving water is 
useful to the permit writer because mixing zones and wasteload 
allocations may be calculated differently for different types of 
receiving waters.
    This provision would also require the name of the watershed, the 
Soil Conservation Service watershed code, the name of the State 
management basin, and the United States Geological Survey hydrologic 
code. This locational information supports the Watershed Protection 
Approach, by providing Federal and State environmental managers with a 
means of locating dischargers within the U.S. Soil Conservation Service 
watershed categorization system, a State's river basin categorization 
system, and the U.S. Geological Survey cataloging scheme. Some States, 
as well as EPA Regions, are implementing a basin management approach to 
watershed protection and will require the information requested by this 
question.
    Proposed Sec. 122.21(j)(2)(iii) would require information on the 
level of treatment for discharges from each outfall. The CWA requires 
POTWs, with some exceptions, to treat influent to the level of 
secondary treatment prior to discharge. Secondary treatment is defined 
at 40 CFR 133.102 in terms of five-day biochemical oxygen demand 
(BOD5), total suspended solids (SS or TSS), and pH. Part 133 
allows adjustments to the secondary treatment requirements for POTWs 
that meet certain criteria. In addition, some POTWs are subject to 
requirements for ``treatment equivalent to secondary treatment,'' as 
described in Sec. 133.105. Finally, some POTWs may have more advanced 
levels of treatment necessary, for example, to meet water-quality based 
standards for certain pollutants, such as nitrogen and phosphorous.
    This provision would require data on design removal efficiencies 
for BOD5 and SS. Information on these parameters is necessary in 
order for the permit writer to set pollutant limits that accurately 
reflect the pollutant removal that the POTW can achieve. It may also 
alert the permitting authority to the need for improvements to the 
treatment facility.
    Proposed Sec. 122.21(j)(2)(iii) would also require information on 
disinfection, which usually follows secondary or advanced treatment and 
which destroys bacteria, viruses, and other pathogens in the 
wastewater. Disinfection most commonly occurs through chlorination. 
Many POTWs also dechlorinate their effluent prior to discharge because 
excessive free chlorine in a wastewater discharge can cause aquatic 
toxicity in the receiving water.
3. Effluent Monitoring for Specific Parameters
    The purpose of proposed Sec. 122.21(j) and proposed Form 2A is to 
provide the permit writer with the minimum information necessary to 
issue to a POTW an NPDES permit that contains effluent limitations 
consistent with the goals of the CWA. EPA recognizes that the quality 
of a POTW's effluent depends on several factors, such as the number and 
type of industrial users of the POTW, and that not all POTWs need to 
report the same information to ensure developing NPDES permits to 
achieve designated uses of the Nation's waters. Hence, EPA proposes a 
tiered approach to collect needed effluent monitoring information.
    The Agency proposes to require all POTWs to report effluent 
monitoring information for the 17 parameters listed at proposed 40 CFR 
Part 122, Appendix J, Table 1 (``Effluent Parameters For All POTWs'') 
(see also proposed Form 2A, Basic Application Information, question 
19). These parameters have a high likelihood of being present in most 
POTW effluents.
    EPA is proposing to require additional reporting of pollutant-
specific data for POTWs with a design flow greater than or equal to 1.0 
mgd; POTWs that have or are required to have a pretreatment program; 
and other POTWs required to provide this information to the permitting 
authority. In general, the pollutants for which additional data would 
be required are those for which there are State water quality 
standards, other than dioxin, asbestos, and ``priority pollutant'' 
pesticides. Thus, the Agency would require, at a minimum, data on those 
pollutants listed at proposed 40 CFR Part 122, Appendix J, Table 2 
(``Effluent Parameters For Selected POTWs and Treatment Works Treating 
Domestic Sewage'') (see also proposed Form 2A, Part A, Supplemental 
Application Information: Expanded Effluent Testing). The Agency would 
not require data, unless otherwise specified by the permitting 
authority, on those pollutants listed at proposed 40 CFR Part 122, 
Appendix J, Table 3 (``Other Parameters for Treatment Works Treating 
Domestic Sewage And Selected POTWs'').
    Proposed Sec. 122.21(j)(3) would require that data be separately 
provided for each outfall through which treated sanitary effluent is 
discharged to waters of the United States. Further, EPA recognizes that 
a POTW's effluent may have similar qualities at more than one of its 
outfalls. EPA thus proposes to allow applicants to provide the effluent 
data from only one outfall as representative of all such outfalls, 
where two or more outfalls with substantially identical effluents, and 
with the approval of the permitting authority on a case-by-case basis. 
For outfalls to be considered substantially identical, they should, at 
a minimum, be located at the same plant, be subject to the same level 
of treatment, and have passed through the same types of treatment 
processes. The Agency solicits comment on this approach and, 
particularly, on whether data should be separately collected from all 
such outfalls. Alternatively, should applicants generally be encouraged 
to follow this approach rather than 

[[Page 62560]]
selectively approved on a case-by-case basis?
    EPA proposes that effluent and monitoring data submitted to the 
permitting authority meet the following conditions:
    1. Maximum Period of Sample Collection: All data summarized in 
response to these questions is proposed to be collected within a 3-year 
period preceding the permit application date.
    2. Minimum Number of Daily Sample Analyses: Results from a minimum 
of three separate daily sample analyses (pollutant scans) are proposed 
to accommodate data needs for each analyte on which information is 
requested. Additional samples might be required on a case-by-case 
basis.
    3. Seasonal Considerations: For most POTWs, EPA expects that the 
three, or more, sets of results for daily sample analyses summarized in 
response to these information needs would represent typical daily 
discharges occurring during at least three different calendar seasons. 
For most applicants, EPA proposes to require that a minimum of 4 months 
and a maximum of 8 months separate at least one pair of the daily 
sample analysis results included in the summary. Applicants unable to 
meet this time requirement due to, for example, periodic, 
discontinuous, or seasonal discharges could obtain alternative guidance 
on this requirement from their permitting authority. Permitting 
authorities might alter this requirement to address considerations of 
specific POTWs.
    4. Testing Methods: Sampling and analysis is proposed to be 
conducted in accordance with methods approved under 40 CFR Part 136. 
Applicants would be expected to use methods that enable pollutants to 
be detected at levels adequate to meet water quality-based standards. 
Where no approved method can detect a pollutant at the water quality-
based standards level, applicants would be expected to use the most 
sensitive approved method. If the applicant believed that an 
alternative method should be used (e.g., due to matrix interference), 
the applicant would need to obtain prior approval from the permitting 
authority. If an alternative method approved in accordance with 40 CFR 
Part 136 is specified in the existing permit, the applicant would be 
expected to use that method unless otherwise directed by the permitting 
authority. When no approved analytical method exists, an applicant 
could use a suitable method and provide a description of the method. 
``Suitable method'' means a method that is sufficiently sensitive to 
measure as close to the water quality-based standard as possible. The 
permit writer needs to know which testing methods are used in order to 
assess the technical validity of the results.
    5. Daily Samples: For most POTWs, sampling is proposed to be 
conducted using composite samples mixed on a flow-proportional basis 
over a 24-hour period from at least eight sample aliquots (100 ml 
minimum) collected using an automated sample collection device. The 
flow-proportional basis would involve either varying the intervals 
between the collection of equal volume samples or varying the sample 
volumes collected over equal interval collection periods. The reason 
for using automated samplers is that they are designed to make the 
necessary adjustments according to the rate of flow.
    For POTWs where automated sample collection devices are not 
available, it is proposed that appropriate daily composite samples for 
analysis would be produced by mixing at least four sample aliquots (100 
ml minimum), each collected to represent typical segments of the 
operating day effluent flows.
    Because pH, temperature, cyanide, total phenols, residual chlorine, 
oil and grease, and bacterial indicators cannot be properly sampled by 
continuous sampling devices, summarized results for each daily analysis 
are proposed to be based on individual analysis of a minimum of four 
grab samples collected to represent typical effluent flows over the 
operating day. A grab sample has 100 ml minimum volume, collected over 
15 minutes or less.
    For effluents from treatment ponds or other impoundments that have 
retention times of greater than 24 hours, single grab samples (100 ml 
minimum collected over 15 minutes or less) would be considered adequate 
to represent daily conditions for all analytes reported.
    6. Maximum Data Summarization Requirements: EPA recognizes that not 
all analytes are sampled and analyzed at the same frequency for 
effluents from a single POTW or across all POTWs. EPA thus proposes 
that summarized results for analytes should include all data collected 
over the preceding three-year period, ending the calendar quarter 
preceding the permit application date (providing, for example, a total 
of 3 annual samples or 12 quarterly samples summarized per analyte, as 
well as any other samples taken by the applicant).
    For those analytes sampled and analyzed at monthly or more frequent 
intervals, EPA proposes that applicants only summarize and report data 
collected over a single one-year period (e.g., providing a summary of 
12 monthly samples, together with any other samples taken during that 
period, per analyte). The one-year period included in this data 
summarization interval would end the calendar quarter preceding the 
permit application date.
    Applicants would be required to indicate for each analyte the 
number of samples summarized and whether each summary represents a one 
or three year summarization period.
    7. All Data Must Be Reported: For each analyte, EPA proposes that 
all samples conducted and analyzed in accordance with 40 CFR Part 136 
during the reporting period be reported (i.e., included with all other 
data for the period reported), regardless of whether or not they were 
required by the permitting authority or these proposed regulations.
    8. Data Must Be Summarized: For each analyte, EPA proposes that 
applicants report the maximum daily discharge, expressed either as 
concentration or mass, of all of the samples reported. Applicants would 
also report the average daily discharge, expressed either as 
concentration or mass, of all the samples reported.
    The Agency is considering requiring applicants to report only 
concentration numbers on the application or, alternatively, requiring 
that applicants who wish to report mass also provide flow information 
used in calculating the mass figures reported. Thus, applicants would 
be required to report the flow rate used in calculating the maximum 
daily discharge and the average of all of the flow rates used in 
calculating the average daily discharge.
    Some States may wish to have individual pollutant data reports, 
rather than summary data, from applicants, either from all applicants 
or on a case-by-case basis, in addition to or instead of the summary 
data required by proposed Sec. 122.21(j)(3). States would be encouraged 
to obtain this information in the manner considered most suitable to 
their needs.
    9. Existing Data May Be Reported: Where the applicant has existing 
data for a given pollutant, and where such data meet the conditions 
described above, EPA proposes to allow the use of such data in lieu of 
data collected solely for the purpose of the permit application. If, 
for example, the applicant were to have pollutant data from two 
samples, only one more sample would be needed to meet the minimum 
requirement of three samples, assuming that other conditions were met. 
Also, where such data have previously been reported to the permitting 
authority, the permitting 

[[Page 62561]]
authority could waive such requirements as having been satisfied.
    The Agency proposes the above conditions in an effort to be clear 
about the nature of what needs to be reported. Accordingly, the Agency 
solicits comment on whether these conditions are sufficiently clear, on 
the one hand, or whether they are overly restrictive, on the other.
    The Agency also solicits comment on each of the particular 
conditions described above. The Agency is particularly interested in 
comment on two of these conditions: whether three pollutant scans is 
the appropriate number to require; and whether the three-year 
requirement for reporting test data should be waived, as proposed, 
where sampling for pollutants is done on a monthly basis.
    The analytical data proposed to be reported would result from a 
variety of analytical methods, with detection limits ranging from less 
than 1 ppb to more than 10 ppb. The toxic analytes that are of most 
concern at low concentrations are primarily analyzed by gas 
chromatography (GC), gas chromatography/mass spectrometry (GC/MS), 
inductively coupled plasma emission spectrometry (ICP), and atomic 
absorption spectrometry (AA), and high resolution capillary column gas 
chromatography/high resolution mass spectrometry (HRGC/HRMS). These 
methods have different numeric analytical endpoints, based upon 
detection (e.g., method detection limit) or quantification (e.g., 
minimum level) levels. In addition, the wide latitude of data reporting 
definitions and conventions in use in various regulatory programs 
complicates the generation and interpretation of analytical data 
reported with this proposal.
    In order for permit writers to develop appropriate permit 
requirements, they must be able to establish whether a pollutant is 
present and whether a reasonable potential for environmental impairment 
exists, as defined by water quality standards and criteria. To properly 
make such determinations, permit writers require more complete data and 
documentation than has been previously supplied with the application 
form, because any ambiguity increases the likelihood that the permit 
writer will need to include in the permit limits that are near or below 
10 ppb or, alternatively, additional monitoring requirements for those 
pollutants for which the data are ambiguous.
    Thus, it is in the best interests of both the applicant and the 
permitting authority that the proposed rule would require that the 
method detection limit (MDL), minimum level (ML), or other designated 
method endpoint, together with identification of the corresponding 
analytical methods used be stated in the permit application. Along with 
this information, the proposal would require applicants to submit 
pollutant data based upon actual sample values. In other words, even 
where test values are below the detection or quantification level of 
the method used, the actual data value should be reported, rather than 
reporting ``non-detect'' (``ND'') or ``zero'' (``0'') in such 
instances. If the endpoint of the method used is reported along with 
the actual sample results, the permitting authority will be able to 
determine if the data is in the ``non-detect'' range or ``below 
quantification'' range.
    The Agency has provided guidance to the applicant in the proposed 
Form 2A instructions in order to minimize the conditions that lead to 
inaccurate sampling data. The Agency proposes that the permit 
applicant: (1) alert its laboratory to the analytical and detection 
limit requirements and the expectations for documentation; and (2) 
report the necessary documentation to ensure that the permit writer is 
fully informed as to the methods used and the results obtained. For 
more detailed information concerning analytical issues (acceptable 
methods, effluent-specific detection limits, and documentation of data 
and analytical problems), applicants should refer to the ``Guidance on 
Evaluation, Resolution, and Documentation of Analytical Problems 
Associated with Compliance Monitoring'', EPA 821-B-93-001, June 1993.
a. Pollutant Data Reporting Requirements for All POTWs
    EPA has identified certain pollutants that are commonly found in 
POTW effluents, regardless of size, and for which permit limits may be 
necessary to prevent adverse effects on receiving waters. Proposed 
Sec. 122.21(j)(3) would require each applicant, regardless of size, to 
provide monitoring information for the pollutants listed in proposed 
Appendix J, Table 1. These include the conventional pollutants 
(defined, at 40 CFR 401.16, as biochemical oxygen demand, total 
suspended solids, pH, fecal coliform, and oil and grease), as well as 
other parameters that are common to domestic wastestreams, such as 
ammonia (and other nitrogen compounds), and compounds of other origin, 
such as chlorine (which is used for disinfection during the treatment 
process).
    The complete list is, as follows:

Flow
Temperature
Bacterial indicators (E. coli, Enterococci, Fecal coliform)
5-day biochemical oxygen demand (BOD5 or CBOD5)
Chlorine (total residual, TRC)
Kjeldahl nitrogen (total organic as N)
Oil and Grease
Total dissolved solids
Total suspended solids
pH
Phosphorus (PO4-P)
Dissolved oxygen
Hardness (as CaCO3)
Ammonia (as N)
Nitrate + Nitrite (as N)

    The secondary treatment regulations at 40 CFR Part 133 describe the 
minimum level of effluent quality that must be attained in terms of 
BOD5 (or CBOD5), TSS, and pH, and specify technology-based 
criteria for each parameter. Control of BOD5 (or CBOD5) is 
necessary to ensure sufficient dissolved oxygen in the receiving water 
to protect aquatic life; BOD5 (or CBOD5) is also a key 
parameter in biological treatment systems. Extremely high levels of 
suspended solids in the POTW's influent can interfere with POTW 
operations. High TSS levels in the effluent also block light in the 
receiving water and inhibit photosynthesis. Permit writers use 
information for these, as well as all other parameters listed above, to 
set appropriate water quality-based limits for permit applicants. In 
instances where POTWs have been allowed to substitute chemical oxygen 
demand (COD) or total organic carbon (TOC) for BOD5, in accordance 
with 40 CFR 133.104, applicants would report the substituted parameter.
    EPA has determined that enterococci and E. coli are better 
biological indicator organisms than fecal coliform. From 1973 through 
1982, the Agency studied marine and freshwater bathing beaches. These 
studies reveal strong correlations between instances of 
gastrointestinal illness and concentrations of certain indicator 
organisms at these beaches. That is, in both fresh and marine waters, 
enterococci and E. coli were strongly correlated with gastroenteritis. 
(For more information on this study, see ``Ambient Water Quality 
Criteria for Bacteria--1986,'' EPA440/5-84-002, January 1986.)
    Because high numbers of these organisms in receiving water indicate 
an increased potential for human gastrointestinal illness following 
swimming or ingestion, and because both enterococci and E. coli are 
contained in all domestic sewage, indicating the potential for 
gastrointestinal illness, EPA is 

[[Page 62562]]
proposing to require all POTWs to test for these biological indicator 
organisms in their discharged effluents. The Agency is also proposing, 
however, to allow the use of fecal coliform as the biological indicator 
for those applicants where the applicable permitting authorities have 
not yet switched to monitoring requirements for enterococci and E. 
coli. EPA solicits comments on allowing the use of fecal coliform in 
cases where permitting authorities have not switched from using fecal 
coliform as the pathogen indicator. The Agency also solicits comment as 
to whether testing for enterococci and E. coli should be required at 
all before the Agency has developed approved test methods for these 
parameters.
    The Agency proposes that all POTWs report chlorine and ammonia 
levels. EPA's experience with toxicity identification evaluations 
(TIEs) at many POTWs indicate that chlorine and ammonia frequently 
cause effluent toxicity. Additional studies also reveal frequent 
adverse effects by these compounds within receiving waters. Therefore, 
at POTWs that chlorinate their wastewaters without subsequent 
dechlorination prior to discharge, chlorine may be present in 
concentrations sufficient to cause toxicity in receiving waters. 
Ammonia, which is common in nearly all sanitary sewage, is highly toxic 
to aquatic life in its un-ionized form. The ratio of the relatively 
toxic un-ionized ammonia form (NH3) compared with the considerably 
less toxic ionized ammonium form (NH4+) is dependent on pH 
and temperature.
    Chlorine and ammonia are listed in many State water quality 
standards, and ``The Quality Criteria for Water 1986'' (EPA 440/5-86-
001, also known as the ``Gold Book'') lists criteria for both 
pollutants. Chlorine and ammonia can react to form chloramines, which 
can be toxic, and are more persistent in the aquatic environment than 
elemental chlorine. In estuaries or ocean water, bromamines can also 
form. Analytical methods recommended for the quantification of total 
residual chlorine (TRC) also indicate the presence of chloramines and 
bromamines. If a disinfectant other than chlorine is used, the 
permitting authority has the discretion to require additional data for 
that disinfectant. If alternative disinfection technologies are used, 
the applicant must submit a description of the alternate process.
    Depending on the type of treatment provided, different sampling 
regimes may be appropriately required. For example, POTWs that do not 
use chlorination for disinfection, and do not otherwise use chlorine in 
their treatment processes, perhaps should not be required to sample for 
chlorine. The Agency solicits comment on whether to waive chlorine data 
from such POTWs.
    EPA criteria for nitrate, nitrite, and phosphorus are published in 
The Gold Book. Because these parameters are prevalent in most POTW 
effluents and because of their impacts on receiving waters, EPA is 
proposing to require all applicants to test for them. Nitrogen and 
phosphorus are often limiting nutrients in marine and fresh water 
systems, respectively. Excessive loadings of nitrogen (discharged as 
ammonia (including ammonium), nitrate, nitrite, and organic nitrogen) 
and phosphorus (discharged as phosphate) can stimulate algae growth, 
interfering with shoreline aesthetics and recreational uses. In 
addition, decaying algae can reduce dissolved oxygen concentrations, 
thus impairing the aquatic environment. At concentrations not typically 
encountered in surface waters, nitrate is toxic to fish.
    Today, EPA proposes monitoring and reporting requirements for total 
nitrate plus nitrite, Kjeldahl nitrogen, and total phosphate. EPA is 
proposing to request the reporting of nitrate plus nitrite, combined 
rather than separately, because the chemical equilibrium between the 
two forms can change rapidly when chemical conditions in effluents and 
receiving waters differ. Such differences can cause concentration 
ratios between these two nitrogen oxide forms to change rapidly shortly 
after effluents enter receiving waters. Thus, separately knowing the 
effluent concentrations of nitrate and nitrite often bears little 
significance to their likely concentrations shortly after discharge 
into receiving waters. Kjeldahl nitrogen concentrations (a measure of 
organic nitrogen concentrations) are requested to allow permit writers 
to evaluate the total concentration and total mass of nitrogen 
discharged, determined by summing concentrations of discharged ammonia, 
nitrate plus nitrite, and Kjeldahl nitrogen, when all are reported in 
equivalent nitrogen concentrations (NH3-N and 
NO2+NO3-N). Phosphate is to be reported in equivalent 
phosphorus concentrations (PO4-P). Concentrations of elemental 
phosphorus in most effluents occur at less than potentially toxic 
levels; consequently, no reporting requirements are proposed for 
elemental phosphorus.
    The Gold Book also provides criteria values on concentrations of 
oil and grease. Concentrations of oil and grease sufficient to create a 
sheen on the receiving water not only affect aesthetic qualities of 
these waters, but may also reduce the re-aeration rate of the receiving 
waters, potentially contributing to dissolved oxygen sag problems. Oil 
and grease may also indicate the presence of other high-molecular-
weight organic pollutants of concern, because they are often discharged 
with or act as a sink for such pollutants. Finally, oil and grease 
interfere with POTW operations. Therefore, today's proposal includes 
monitoring and reporting requirements regarding concentrations of oil 
and grease.
    Standard Form A currently requires applicants to test for most of 
the parameters discussed above. Today EPA is proposing to delete 
reporting requirements for the following parameters, which are 
currently included on the list for which sampling is required on 
Standard Form A:

Chemical Oxygen Demand
Fecal Streptococci
Settleable matter
Total Coliform Bacteria
Total Organic Carbon
Total Solids

    EPA is proposing to delete chemical oxygen demand (COD) and total 
organic carbon (TOC) because biochemical oxygen demand (BOD5 or 
CBOD5) is generally more relevant to municipal treatment systems. 
EPA is proposing to delete settleable matter and total solids because 
there is considerable overlap between these parameters and total 
suspended solids and total dissolved solids. The Agency believes that 
the two selected parameters provide sufficient information to permit 
writers. Finally, the Agency proposes to drop reporting requirements 
for fecal streptococci and total coliform bacteria because the Agency 
believes that the selected pathogens (E. coli, enterococci, and fecal 
coliform) are better indicators for risk. The Agency requests comments 
on its proposal to delete the above Standard Form A parameters from the 
proposed application requirements.
    In addition to the parameters discussed above, Standard Form A 
requires that POTWs indicate the presence of (but not provide 
quantitative data for) certain pollutants, if known. Such pollutants 
include metals, as well as other toxic and non-conventional pollutants. 
The Agency is proposing to require that some POTWs sample and report on 
certain toxic (priority) pollutants, as described in the discussion, 
``Reporting of Additional Pollutants for Some POTWs'' (at III.B.3.b). 
The Agency is proposing, however, not to include POTW reporting 
requirements for the following pollutants listed on Standard Form A:


[[Page 62563]]

Bromide
Chloride
Fluoride
Sulfide
Aluminum
Barium
Boron
Cobalt
Iron
Manganese
Titanium
Tin
Algicides
Chlorinated Organic Compounds
Pesticides
Surfactants
Radioactivity

    A number of these parameters (including bromide, chloride, boron, 
cobalt, iron, manganese, titanium, and tin) are proposed for deletion 
because they are relatively less toxic than priority pollutants for 
which the Agency is proposing to require testing (see, ``Reporting of 
Additional Pollutants for Some POTWs'' (at III.B.3.b)); and the levels 
of these pollutants in most municipal discharges are low. EPA is 
proposing to delete algicides, pesticides, and chlorinated organic 
compounds because the Agency does not believe it is relevant to ask for 
information about these contaminants at this level of generality.
    EPA considered, but does not include as part of today's proposal, 
requirements that all applicants test and report on sulfide and sulfate 
concentrations in effluents. Sulfide is of concern because the 
anaerobic decomposition of sewage and other naturally deposited organic 
material is a major source of hydrogen sulfide. EPA considered 
proposing monitoring requirements for sulfate because high sulfate 
concentrations, which are caused by sewer corrosion, are converted 
anaerobically to hydrogen sulfide. Hydrogen sulfide is toxic to aquatic 
life; it also biologically reoxidizes on sewer walls that are exposed 
to air, forming sulfuric acid that corrodes the concrete of the sewer 
channels. It was considered that, based on this monitoring information, 
the permit writer could set permit limits for sulfide and sulfate or to 
require appropriate best management practices. These monitoring 
requirements, however, were not included as part of today's proposed 
requirements because of the view that sulfide is rapidly converted to 
sulfate in aerobic waters, which rapidly dissipates its toxic risk. In 
most instances, maintaining monitoring requirements and permit limits 
for dissolved oxygen to maintain attainable uses of receiving waters 
will adequately safeguard receiving waters from toxic risks due to 
sulfide or sulfate potentially contained in effluents. Regarding 
corrosivity within the sewer system, the Agency believes that, in 
general, the POTW is in a better position than the permit writer to 
address such concerns. Special considerations may lead to the 
requirement that some applicants submit analytical results for these 
chemicals, as determined on case-by-case basis. EPA invites comment on 
these conclusions.
    The Agency also considered testing for surfactants, but is not 
proposing to require such testing as part of this rule because: most 
POTWs do not discharge surfactants at toxic levels; the Agency has not 
developed water quality criteria for surfactants; and sources are 
difficult to control. In cases where surfactants in municipal 
wastestreams occur at toxic levels, the Agency believes that whole 
effluent toxicity (WET) testing should reveal any toxicity arising from 
surfactants. EPA invites comment on this approach.
    The Agency also considered including monitoring requirements for 
three additional nonconventional pollutants: aluminum, barium, and 
fluoride; because of their regular appearance in analytical results 
from the numerous pollutant scans reviewed during preparation of the 
proposed rule and because published criteria exist for these three 
conventional pollutants. But such requirements have not been included 
on the proposed rule for the following reasons:
    (1) Toxicity problems related to excess aluminum concentrations, 
especially for aquatic organisms, occur primarily in acidic receiving 
waters (most often in waters with pH less than 6.0) having low hardness 
levels (i.e., concentrations of calcium less than 2.0 mg/l). The 
majority of effluent water analyses reviewed did not contain sufficient 
aluminum concentrations to likely impair beneficial uses of receiving 
waters;
    (2) Although barium regularly appeared in the pollutant scans of 
effluents reviewed by EPA, the concentrations reported in all samples 
remained below the 1.0 mg/l Gold Book criterion value for barium in 
domestic water supplies; and
    (3) According to the 1972 ``Blue Book'', potentially adverse 
physiological effects due to excess fluoride concentrations increase 
with increasing environmental temperatures. Consequently, recommended 
criteria for fluoride range from 1.4 to 2.4 mg/l for average annual air 
temperatures of 50 to 91 deg.F. Concentrations for the majority of 
reported results from the many pollutant analyses reviewed by EPA 
revealed that although fluoride was a regular constituent of effluents, 
in the majority of the instances it occurred at concentrations less 
than suggested Blue Book criteria.
    At this time, based on information currently available to EPA, 
concentrations of aluminum, barium, and fluoride in the majority of 
effluents are generally less than those necessary to produce 
significant risk for beneficial uses of receiving water. As such, EPA 
concludes at this time that it is unwarranted to require all 
dischargers to monitor for these chemicals as part of the municipal 
application process. Individual permit writers can, nevertheless, 
require analysis of any or all of these chemicals, wherever treatment 
works or environmental considerations suggest that such requirements 
are warranted. Further, EPA intends to continually review this 
conclusion as more effluent monitoring results become available, and 
continues to seek informed input from outside EPA on this decision.
b. Reporting of Additional Pollutants for Some POTWs
    As discussed above, the Agency proposes to require all POTWs to 
report information on pollutant parameters commonly associated with 
POTW effluents. Proposed Sec. 122.21(j)(3) (see also, proposed Part A 
in the Supplemental Application Information part of Form 2A) requires 
the reporting of additional parameters listed in proposed Appendix J, 
Table 2, by those POTWs that the Agency believes are most likely to 
discharge toxic pollutants to receiving waters. Toxic pollutants may 
interfere with POTW performance or pass through the POTW to receiving 
waters, thus potentially causing adverse water quality impacts.
    Certain POTWs discharge toxic organic and inorganic pollutants 
primarily as a result of contributions from non-domestic sources. 
Section 122.21(j)(3)(iii) of today's proposal requires the applicant to 
submit monitoring data for the pollutants listed in proposed Appendix 
J, Table 2, if the POTW meets any one of the following criteria: (1) 
The POTW has a design flow rate equal to or greater than 1.0 mgd; (2) 
the POTW has a pretreatment program or is required to have one under 40 
CFR Part 403; or (3) the POTW is otherwise required to submit this data 
by the permitting authority.
    POTWs with a design flow equal to or greater than 1.0 mgd are 
designated as ``major'' POTWs by the Agency. EPA estimates that roughly 
25 percent of the approximately 16,000 POTWs nationwide have design 
flows of at least 

[[Page 62564]]
1.0 mgd. The Agency has found that major POTWs have a high potential to 
discharge toxic pollutants because of the strong likelihood that they 
receive industrial wastewaters and because of the large number of 
substances entering the treatment works from various sources. 
Therefore, the Agency believes that it is necessary to collect toxic 
pollutant data from these POTWs.
    EPA also proposes to require data on toxic pollutants from POTWs 
that are required to develop pretreatment programs under 40 CFR Part 
403. A POTW is required to develop a pretreatment program if it 
receives discharges from significant industrial users that may 
interfere with the POTW or pass through the treatment works. 
Approximately ten percent (approximately 1,500) of all POTWs have or 
are required to develop pretreatment programs. Most POTWs with 
pretreatment programs are also major POTWs, and so this criterion only 
slightly expands the requirements of this provision.
    In addition to POTWs with design flows greater than or equal to 1.0 
mgd and POTWs with pretreatment programs, EPA is proposing to allow the 
permitting authority to require any other POTW to submit monitoring 
data for some or all of the pollutants listed in proposed Appendix J, 
Table 2. The Agency would recommend that the permitting authority 
require an applicant to perform a complete or partial pollutant scan if 
toxicity is known or suspected in a POTW's effluent. Alternatively, if 
the facility's effluent causes adverse water quality effects, or if the 
POTW discharges to an impaired receiving water, the permit writer could 
require the applicant to provide analytical results from a complete 
pollutant scan.
    The permit writer could also require the applicant to test for 
these parameters depending on the number or kinds of industrial users. 
EPA is proposing to grant the permit writer such discretion because 
smaller POTWs that receive industrial contributions also have the 
potential to discharge toxic pollutants. Although a POTW with a design 
flow less than 1.0 mgd may not have as great a volume of toxic 
pollutants entering its treatment system as a larger POTW, the impact 
of its industrial users could easily be more pronounced due to other 
considerations, such as smaller treatment capacity or an effluent-
dominated receiving stream. Testing for toxic pollutants would provide 
the information needed to write a protective permit for such a POTW.
    The Agency solicits comments on the above criteria for determining 
which POTWs must test effluent for the pollutants in proposed Appendix 
J, Table 2. The Agency also solicits comment on whether other POTWs 
should be required to sample for some or all of these pollutants. 
Alternatively, the Agency solicits comment as to whether other POTWs 
should be required to provide any existing data on these pollutants. 
Such data would be important information in conducting watershed 
assessments.
    The proposed approach for determining which POTWs must submit data 
on toxic pollutants is not the only approach being considered by the 
Agency. Among the alternatives being considered is one that would 
expand upon the approach described above, and require toxics data from 
two groups of non-pretreatment minors, each of which includes about 
half of all minor POTWs. In this approach, POTWs with a population 
between 1,000 and 10,000 (and not otherwise required to report as 
described above) would be required to provide a single pollutant scan 
for the Metals, Cyanide, and Total Phenols and the Volatile Organics 
groups in proposed Appendix J, Table 2. POTWs with a population of less 
than 1,000 (and not otherwise required to report as described above) 
would be required to provide a single scan for certain metals (i.e., 
cadmium, chromium, copper, lead, nickel, zinc, silver, and mercury). 
The Agency specifically solicits comment on this alternative approach. 
Commenters are requested to address the suggested cutoff points for 
different levels of reporting, the pollutants for which reporting is 
suggested, and the number of samples that should be required.
    EPA proposes that POTWs meeting the three criteria enumerated above 
monitor for the pollutants in proposed Appendix J, Table 2, and any 
other pollutants for which there are established State water quality 
standards. Proposed Table 2 is a subset of the priority pollutants list 
previously described. As discussed in the background discussion of this 
preamble, these pollutants are regulated under the CWA and have been 
identified by Congress and/or EPA as potential threats to human health 
or aquatic life. Proposed Table 2 also includes total phenols, a 
parameter commonly used as an indicator pollutant for certain priority 
pollutants. Also as discussed, EPA and most States have developed 
numeric criteria and standards for most of these pollutants.
    Proposed Appendix J, Table 2 represents pollutants that have been 
identified in priority pollutant scans of effluent from POTWs. Permit 
writers will be able to use data on these pollutants as a basis to 
derive appropriate permit limits.
    The Agency is proposing to not require pollutant data for certain 
priority pollutants (i.e., dioxin, asbestos, and priority pollutant 
pesticides). Available information on the occurrence of asbestos, 
dioxin, and priority pollutant pesticides reveals that these pollutants 
rarely occur at detectable levels in POTW effluents. Absent information 
to the contrary, the Agency does not consider asbestos to be a 
pollutant of concern in municipal wastewater effluents. Dioxin, while 
nearly ubiquitous, is present in such minute amounts in those 
industrial outfalls where it is known to be present in relatively high 
concentrations, that the Agency does not believe that, in general, it 
is appropriate to require POTWs to monitor for the pollutant at the 
POTW outfall, due to the high level of dilution in municipal 
wastestreams. Permitting authorities may wish to require such 
monitoring on a case-by-case basis if there is reason to believe that 
dioxin may be present in measurable amounts. To the extent that 
priority pollutant pesticides, including, for example, DDT and PCBs, 
appear in municipal wastestreams, the Agency believes that their 
presence is due, for the most part, to background concentrations, 
rather than to new introductions by discharges to the POTW. Where these 
pesticides result in toxicity problems or where other conditions merit, 
the Agency believes that permitting authorities should require sampling 
for them on a case-by-case basis. In the alternative, the Agency is 
considering adding pesticides to the list of required pollutants in 
proposed Appendix J, Table 2. The Agency solicits comment on whether 
routine monitoring and screening should be required for pesticides from 
all POTWs meeting the criteria of proposed Sec. 122.21(j)(3)(iii) or 
whether the proposed approach is the appropriate one.
    EPA also solicits comment on alternative ways to collect 
information in permit application about pollutants that occur in low 
levels, such as dioxin, or that otherwise present water quality 
concerns even in highly dilute effluent. As discussed previously, the 
proposal would require information about significant industrial users 
from certain POTWs so the permit writer should have sufficient 
knowledge about the potential for pass through of such pollutants. The 
Agency is interested in commenters' views on the adequacy of SIU 
identification for the purposes of developing adequate POTW permit 
limitations. Proposed Sec. 122.21(j)(3) 

[[Page 62565]]
would also require that POTWs meeting the above criteria monitor for 
pollutants not listed in proposed Appendix J, Table 2, for which the 
State or EPA have established State water quality standards (see 
discussion in Background section of this preamble). A number of States 
have established water quality standards for pollutants not listed as 
CWA sec. 307(a) priority pollutants. For the reasons stated in the 
above paragraph, the Agency believes that it is appropriate to require 
sampling for these pollutants, as well.
    In addition, EPA considered, but is not proposing, requiring 
applicants to monitor for other pollutants, such as those on the ``Gold 
Book'' list of Federal Water Quality criteria, those regulated under 
the Safe Drinking Water Act, or those on data bases such as the Toxics 
Release Inventory System (TRIS), the Aquatic Toxicity Information 
Retrieval data base (AQUIRE), and the Integrated Risk Information 
System (IRIS). The Agency determined that adding these other pollutants 
to the list of pollutants proposed would impose additional monitoring 
and reporting requirements on the applicant, at substantial additional 
cost, but without significant benefit. Additionally, not all pollutants 
on these lists have been assigned numeric criteria. Moreover, available 
information reviewed by EPA does not indicate that these chemicals 
occur with either sufficient frequency or at high enough concentrations 
in typical POTW effluents to support their inclusion among pollutants 
for which monitoring is proposed to be uniformly required.
    Under today's proposal, in proposed 122.21(j)(3)(v), permit writers 
would have the option to require monitoring and reporting for any other 
potentially toxic chemicals for which the authority has a reasonable 
basis to suspect that such materials may be contained in POTW 
effluents. Such basis could include the presence of industrial users 
known to release chemicals not included among the pollutants for which 
routine analyses are otherwise required. EPA invites comments on all 
aspects of this proposal that would allow for case-by-case information 
requests that might otherwise extend the time involved in streamlined 
permit issuance procedures.
    In addition, EPA solicits comment on whether to require applicants 
to summarize and report, as part of the application process, analytical 
results for any toxic pollutant determined during the three-year period 
preceding the application to be a known or likely constituent of the 
facility's discharge. That is, when an applicant has reason to know or 
suspect the presence of other toxic constituents in their effluents, 
its reporting requirements would not necessarily be limited either to 
the general list of toxic pollutants provided by proposed Appendix J, 
Tables 1 and 2, or to specific monitoring requirements placed on the 
applicant by the permitting authority. EPA considers results from toxic 
release inventory (TRI) as providing one likely basis for information 
that could cause applicants to initiate additional effluent monitoring 
analyses during the application process.
    Finally, the Agency is interested in providing flexibility where 
POTWs can demonstrate that the risk of occurrence of pollutants in the 
discharge is sufficiently small. The Agency seeks comment on whether 
POTWs could be exempted from providing information on specific 
pollutants where there are statistically valid data to allow the 
permitting authority to predict the absence of particular pollutants. 
In addition, EPA solicits comments on the appropriateness of exempting 
POTWs from providing information about certain contaminants which are 
detectable in only a small fraction of POTWs (e.g., less commonly 
occurring metals such as antimony) and which would not be expected to 
occur based on other data about the POTW or the indirect discharge.
    Other approaches to collecting pollutant data were considered for 
proposal. EPA solicits comment on each of these, as follows:

A. Types of Industrial Contributors

    This approach would have required monitoring for specific 
pollutants, depending on the identity of industrial users discharging 
to the POTW. Although this approach was supported by a number of 
commenters in the course of our outreach efforts, it appeared to be too 
difficult to implement for non-pretreatment POTWs. Non-pretreatment 
POTWs are not required to do user inventories of, for example, all 
categorical industries, and thus would probably be unaware of what 
monitoring data to provide. On the other hand, pretreatment POTWs would 
be required to provide entire priority pollutant scans if they had only 
2-3 different types of industries. The Agency solicits comment on how, 
specifically, such an approach would work and how it would benefit 
applicants and provide permit writers with appropriate information.

B. TRI as a Basis for Determining Additional Pollutants for Sampling

    It was suggested that we use TRI data to determine what additional 
pollutants for which to require sampling. Although industrial user TRI 
reports are not currently provided to POTWs by TRI-reporting 
industries, such reporting could be required, for example, through the 
pretreatment program. Of course, permit writers may always request TRI 
data from EPA. At issue is whether the applicant should be required to 
provide additional monitoring data for pollutants reported through TRI. 
The Agency solicits comment as to whether this approach might be 
feasible and whether it would provide useful information to the permit 
writer that is not otherwise available.

C. Existing Pollutant Data from SIUs

    In order to obtain information on pollutants that occur in POTW 
discharges in low concentrations, permit writers could make use of 
information provided to POTWs by SIUs during the term of the existing 
permit. The Agency solicits comment on this approach, and is 
particularly interested in whether such information could be provided 
in lieu of requiring end-of-pipe effluent data for certain pollutants 
(e.g., dioxin, pesticides, or other organic chemicals received 
principally from industrial sources).

D. Ambient Data

    Another issue considered was whether or not to require POTWs to 
provide the results of ambient monitoring as part of the permit 
application. Although some have suggested that this information would 
be helpful for implementation of the watershed approach, States were 
generally opposed to requiring POTWs to collect ambient data. The view 
was expressed that it is the permitting authority's responsibility to 
collect this information, and not the POTW's responsibility to provide 
it. Nevertheless, the Agency is interested in soliciting comment as to 
whether such data should be required.

E. Bioaccumulation Data

    Although analytical methods to assess bioaccumulation in the 
aquatic biota are available, they are costly compared to approved test 
methods for pollutants in effluent. Since WET tests are an indirect 
indicator for human health risks, the Agency is not proposing to 
require bioaccumulation data from POTWs. However, such data are 
directly relevant to human health risk considerations. Therefore, the 
Agency solicits comment on whether to require bioaccumulation data. 
Because of cost considerations, the Agency also solicits comment as to 
what tradeoffs, in terms of other types of reporting, might make such 
an approach acceptable. 

[[Page 62566]]

4. Effluent Monitoring For Whole Effluent Toxicity
    As discussed in the background section, the July 24, 1990, 
amendments to the General Pretreatment Regulations require that certain 
POTWs provide the results of whole effluent biological toxicity testing 
as part of their NPDES permit application (40 CFR 122.21(j) (1)-(3)). 
Such testing was required to have been conducted since the last NPDES 
permit reissuance or permit modification, under 40 CFR 122.62(a), 
whichever occurred later.
    In today's proposed rule, EPA proposes to revise this provision. 
Proposed Sec. 122.21(j)(4) sets forth these revised requirements. 
First, all POTWs are required to identify any biological tests the 
applicant believes to have been conducted within three years of the 
date of application.
    Second, as in the existing regulation, the following POTWs would be 
required to conduct and provide the results of whole effluent 
biological toxicity (WET) tests:
    (A) All POTWs with design influent equal to or greater than one 
million gallons per day;
    (B) All POTWs with approved pretreatment programs or POTWs required 
to develop a pretreatment program;
    (C) Other POTWs, as required by the Director, based upon 
consideration of the following factors:
    (1) The variability of the pollutants or pollutant parameters in 
the POTW effluent (based on chemical-specific information, the type of 
treatment facility, and types of industrial contributors);
    (2) The dilution of the effluent in the receiving water (ratio of 
effluent flow to receiving stream flow);
    (3) Existing controls on point or non-point sources, including 
total maximum daily load calculations for the water body segment and 
the relative contribution of the POTW;
    (4) Receiving stream characteristics, including possible or known 
water quality impairment, and whether the POTW discharges to a coastal 
water, one of the Great Lakes, or a water designated as an outstanding 
natural resource; or
    (5) Other considerations (including but not limited to the history 
of toxic impact and compliance problems at the POTW), which the 
Director determines could cause or contribute to adverse water quality 
impacts.
    The Agency specifically solicits comment on whether the requirement 
to conduct WET testing should be extended to other POTWs. The Agency is 
considering several options, including:
    (1) requiring all minor POTWs not covered under the above criteria 
to submit the results of a minimum of one WET test, so as to allow the 
permitting authority to scan for minor POTWs that may have toxicity 
problems; and
    (2) where a State has identified a watershed as a priority 
watershed, requiring one or more WET tests for all POTWs discharging to 
the watershed.
    Third, the Agency proposes to require WET tests for each outfall 
from the treatment works (not including CSOs), with exceptions for 
identical outfalls similar to those proposed for pollutant specific 
data, as discussed above. Proposed Sec. 122.21(j)(4) would require that 
data be separately provided for each outfall through which treated 
sanitary effluent is discharged to waters of the United States. EPA 
proposes to allow the applicant, where the POTW has two or more 
outfalls with substantially identical effluents discharging to the same 
receiving stream, and with the approval of the permitting authority on 
a case-by-case basis, to provide the results of WET testing from only 
one outfall as representative of all such outfalls. For outfalls to be 
considered substantially identical, they should at a minimum be located 
at the same treatment plant, be subject to the same level of treatment 
and have passed through the same types of treatment processes. The 
Agency solicits comment on this approach and, particularly, on whether 
WET test data should be separately collected from all such outfalls.
    The existing WET testing requirements do not specify the number or 
frequency of tests required, the number of species to be used, or 
whether to provide the results of acute or chronic toxicity tests. 
Proposed Sec. 122.21(j)(4) sets minimum reporting requirements of four 
quarterly tests for a year, using multiple species (no less than two 
species, e.g., fish, invertebrate, plant), and testing for acute or 
chronic toxicity, depending on the range of receiving water dilution. 
This proposal is based in part on Agency guidance, and in part on 
Agency experience in the implementation of that guidance.
    In March 1991, EPA issued guidance establishing Agency policy for 
WET testing protocols (see ``Technical Support Document for Water 
Quality-Based Toxics Control (1991),'' or ``TSD''). In that document, 
the Agency recommended ``as a minimum that three species (for example, 
a vertebrate, an invertebrate, and a plant) be tested quarterly for a 
minimum of a year'' (see, TSD p. 58). In making this recommendation, 
the Agency explained that the use of three species is more protective 
than two species since a wider range of species sensitivity can be 
measured. In practice, however, a number of permitting authorities are 
only requiring the use of two species. Since existing requirements for 
using three species are less common, the Agency proposes to require the 
use of ``multiple species.'' The Agency proposes this as a minimum 
requirement, and does not intend it as a change in the policy 
recommendations outlined in the TSD.
    In setting a minimum frequency of quarterly testing for a year, the 
Agency indicated that this was recommended to adequately assess the 
variability of toxicity observed in effluents, as follows:

    Below this minimum, the chances of missing toxic events 
increase. The toxicity test result for the most sensitive of the 
tested species is considered to be the measured toxicity for a 
particular effluent sample.
    The data generation recommendations * * * represent minimum 
testing requirements. Since uncertainty regarding whether or not an 
effluent causes toxic impact is reduced with more data, EPA 
recommends that this test frequency be increased where necessary to 
adequately assess effluent variability. If less frequent testing is 
required in the permit, it is preferable to use three species tested 
less frequently than to test the effluent more frequently with only 
a single species whose sensitivity to the effluent is not well 
characterized. (TSD, p. 59)

    It is the Agency's understanding that many permitting authorities 
currently require quarterly testing. While other permitting authorities 
require less frequent monitoring, at least from some facilities, in 
many instances such information is being collected on a yearly basis. 
This proposal would only require one cycle of quarterly testing within 
three years of the date of the permit application (i.e., only once in 
five years). The Agency solicits comment on whether this is an 
appropriate frequency, and specifically whether permitting authorities 
should be allowed to waive quarterly testing on a case-by-case basis. 
Commenters should indicate what specific criteria would have to be met 
for such a waiver.
    The current whole effluent toxicity testing requirements, at 
Sec. 122.21(j), do not specify whether applicants should test for acute 
or chronic toxicity. An acute toxicity test is defined as a test of 96-
hours or less in duration in which lethality (of the test organism) is 
the measured endpoint. A chronic toxicity test is defined as a long-
term test in which sublethal effects, such as fertilization, growth, 
and reproduction, are usually measured, in addition to lethality. (TSD, 
p.4.) 

[[Page 62567]]

    The Agency proposes that testing for acute or chronic toxicity be 
based upon the ratio of receiving water to effluent at the edge of the 
mixing zone. The term ``mixing zone'' refers to an area around an 
outfall within which a State may allow ambient concentrations above 
water quality criteria levels. States may have two or more mixing zones 
(e.g., an acute mixing zone, beyond which acute criteria must be met, 
and a chronic mixing zone, beyond which chronic criteria must be met). 
Not all States allow calculation of effluent limitations using mixing 
zones, and mixing zones are not universally allowed by States that do 
allow use of mixing zones. For purposes of determining whether acute or 
chronic toxicity testing is appropriate, the ratio of receiving water 
to effluent should be considered at the point nearest to the outfall 
where water quality criteria are required to be met. This proposal 
incorporates the recommendations of the 1991 TSD, which stated that 
applicants should conduct acute or chronic testing based upon the 
following dilutions:
    (A) Acute toxicity testing if the dilution of the effluent is 
greater than 1000:1 at the edge of the mixing zone;
    (B) Acute or chronic toxicity testing if the dilution of the 
effluent is between 100:1 and 1000:1 at the edge of the mixing zone. 
Acute testing may be more appropriate at the higher end of this range 
(1000:1), and chronic testing may be more appropriate at the lower end 
of this range (100:1); and
    (C) Chronic testing if the dilution of the effluent is less than 
100:1 at the edge of the mixing zone. (See TSD, pp. 58-59.) In order to 
determine the proper dilution ratio, measurement should be made at the 
point where chronic criteria apply. Thus, where there is a chronic 
mixing zone, the dilution ratio should be measured at the edge of the 
chronic mixing zone. It may be inappropriate to use an acute test if 
there is too little dilution.
    Although the Agency is not proposing to require that applicants 
follow these recommendations, the Agency believes that they are 
reasonable, based on the discussion in the TSD. For example, with 
regard to the use of chronic toxicity testing where the dilution ratio 
falls below 100:1, the Agency stated, ``[t]he rationale for this 
recommendation is that chronic toxicity has been observed in some 
effluents down to the 1.0 percent effect concentration. Therefore, 
chronic toxicity tests, although somewhat more expensive to conduct, 
should be used directly in order to make decisions about toxic 
impact.'' (TSD, p. 59.) The Agency solicits comment as to whether these 
recommendations should instead be added as requirements in the final 
rule.
    The whole effluent toxicity testing requirements that currently 
exist, at Sec. 122.21(j), do not specify which information must be 
reported as a result of such testing. To clarify reporting requirements 
for the applicant and the permit writer, EPA today proposes specific 
reporting requirements in Sec. 122.21(j)(4). First, applicants required 
to perform WET tests under the proposed rule are required to indicate 
the number of tests performed since permit reissuance and since any 
modification of the permit pursuant to 40 CFR 122.62(a). It is up to 
the permitting authority to determine whether previously submitted 
results provide the equivalent of the information proposed to be 
required. Proposed Sec. 122.21(j)(4)(v) sets forth in detail the 
information that the Agency believes will provide the permit writer 
with adequate information to determine whether the test was conducted 
in accordance with EPA methods and protocols and whether the reported 
results are otherwise valid. The Agency solicits comment on whether the 
information requested is the proper information to require or whether 
other information should be required, including for purposes of quality 
assurance. As in the current regulatory requirements, in conducting the 
testing, applicants must use EPA-approved methods. The Agency solicits 
comment on this approach.
    Where biomonitoring data have been submitted to the permitting 
authority within three years of the permit application, applicants 
would be required to provide the dates on which such data were 
submitted and a summary of the results of each such test. Where any WET 
test conducted within three years prior to the permit application 
reveals toxicity, proposed Sec. 122.21(j)(4)(vi) would require that 
applicants, at a minimum, provide any information they may have on the 
cause of toxicity. Further, applicants would be required to provide 
written details of any toxicity reduction evaluation conducted. 
Toxicity reduction evaluations (TREs) are used to investigate the 
causes and sources of toxicity and identify the effectiveness of 
corrective actions to reduce it. The purpose of a TRE is to help bring 
dischargers into compliance with water quality-based whole effluent 
toxicity requirements where monitoring indicates unacceptable effluent 
toxicity. The permitting authority may require a permittee to conduct a 
TRE in those cases where the discharger is unable to adequately explain 
and immediately correct non-compliance with a whole effluent toxicity 
permit limit or requirement. TREs may be required of permittees under 
existing permits or through a variety of other legally binding 
mechanisms. Since the results from TREs may have considerable impact in 
the evaluation of municipal permit applications, this kind of 
information would need to be available to the permit writer. It is 
recommended that applicants conducting a TRE at the time of permit 
application would provide a brief summary of the status and results 
from the ongoing TRE.
    The Agency solicits comment on all of the above proposed revisions 
to the existing WET test requirements.
5. Industrial Discharges, Pretreatment, and RCRA/CERCLA Waste
    Today's proposed rule would require applicants to provide 
information on industrial (non-domestic) discharges to the POTW, 
particularly discharges from significant industrial users (SIUs). This 
information is to be required by proposed Sec. 122.21(j)(5).
    Proposed Sec. 122.21(j)(5)(i) would require the applicant to list 
the total number of significant industrial users (SIUs) and categorical 
industrial users discharging to the POTW, to estimate the average daily 
flow from these users and from all industrial (non-domestic) users, and 
to estimate the percent of total influent contributed by each class of 
users. This information provides the permit writer with a means of 
determining the relative impact, individually and collectively, of 
industrial contributions to the POTW.
    As defined in 40 CFR 403.3, the term ``industrial user'' means ``a 
source of indirect discharge,'' which in turn is defined as the 
introduction of pollutants into a POTW from any non-domestic source 
regulated under sec. 307(b), (c), or (d) of the CWA. In general, this 
term encompasses industrial and commercial sources of toxic pollutants 
discharging to POTWs. Commercial entities such as hospitals, nursing 
homes, restaurants, offices, and stores may be included.
    A categorical industrial user is any discharger subject to 
categorical pretreatment standards under 40 CFR 403.6 and 40 CFR 
Chapter I, Subchapter N. ``Significant industrial user'' is defined at 
40 CFR 403.3(t) as any categorical industrial user and any other 
industrial user that:
    (1) discharges an average of 25,000 gallons per day or more of 
process wastewater to the POTW (excluding sanitary, non-contact cooling 
and boiler blowdown wastewater);
    (2) contributes a process wastestream which makes up 5 percent or 
more of 

[[Page 62568]]
the average dry weather hydraulic or organic capacity of the POTW; or
    (3) is designated as such by the control authority (40 CFR 
403.12(a)) because of a reasonable potential to adversely affect the 
POTW's operation or violate pretreatment requirements.
    Proposed Sec. 122.21(j)(5)(ii) would require POTWs with approved 
pretreatment programs to describe any substantial modifications to the 
POTW's pretreatment program that have not yet been approved in 
accordance with 40 CFR 403.18. EPA is considering revising the 
pretreatment regulations to streamline approved program requirements. 
Such revisions may make the need for this information unnecessary.
    Proposed Sec. 122.21(j)(5)(iii) would require information on 
individual significant industrial users (SIUs) discharging to POTWs. 
This provision is similar to questions currently found on Standard Form 
A. The Agency desires to incorporate into the final rule provisions 
that reduce duplication of effort. One possible way is to allow the 
applicant to reference substantially similar information about SIUs 
previously submitted to the permitting authority rather than to 
resubmit the information. The Agency solicits comments on using this 
approach in the final rule and suggestions of other possible options. 
EPA is also considering whether to waive, either entirely or on a case-
by-case basis, such reporting for any POTW with an approved 
pretreatment program under 40 CFR Part 403 that submits an annual 
report within the year preceding its application to the extent that the 
annual report contains information equivalent to that required in 
proposed Section M. The Agency solicits comment on this question.
    The proposed provision requires POTWs to provide the following 
information for each SIU: Name and mailing address, description of the 
industrial processes affecting the discharge, principal products and 
raw materials, average daily volume of process and non-process 
wastewater discharged, and whether the SIU is subject to local limits 
or categorical pretreatment standards. The description of each SIU's 
industrial activity and its principal products and raw materials alerts 
the permit writer to the potential presence of pollutants in the 
discharge in concentrations that may be of concern to the POTW, and can 
be useful in establishing permit limits. Information on the average 
daily volume of process wastewater discharged helps the permit writer 
to estimate pollutant loads to the POTW. Knowing the volume of non-
process wastewater discharged will alert both the permit writer and the 
POTW to the possibility of hydraulic overload to the system, and will 
help the POTW minimize such occurrences.
    Currently, Standard Form A requires the applicant to identify the 
quantities of product manufactured and raw materials used by each SIU. 
The Agency is not proposing to require this information in today's 
proposal because neither the amount of production nor the amount of raw 
materials used necessarily correlates directly to the toxicity of the 
waste stream. For example, the SIU might use all of the raw material 
and release little into the waste stream. The Agency is instead 
requesting a narrative description of products and raw materials 
involved in the industrial activity.
    Standard Form A also requires the applicant to characterize each 
SIU's industrial discharge. Although this information may be necessary 
to establish permit limits at some POTWs, this question appears to be 
unnecessary. In many cases, the permit writer is able to determine 
parameters of concern from the principal products and raw materials for 
that industrial user. In other cases the permit writer may request this 
information on a case-by-case basis.
    The proposed provision would also require the applicant to describe 
any problems at the POTW attributable to wastewater discharged by SIUs. 
Identification of such problems is necessary to set permit limits for 
pollutants that the POTW might not adequately remove, and should lead 
to other strategies for control of toxic pollutants, such as: more 
stringent local limits or other pretreatment requirements; best 
management practices, if the toxic pollutants appear to be from diffuse 
sources; or toxicity reduction evaluations (TREs), if toxicity testing 
shows that the effluent causes an excursion above water quality 
standards in the receiving stream. Instances of pass through and 
interference identified in this step will alert the permit writer to 
violations of the POTW's NPDES permit.
6. Discharges From Hazardous Waste Sources
    Proposed Sec. 122.21(j)(6) would require applicants to provide 
general information concerning discharges of RCRA hazardous wastes to 
POTWs and discharges from hazardous waste cleanup or remediation sites. 
The purpose of this information is to alert the permit writer to 
potential concerns regarding the constituents of such discharges.
    Proposed Sec. 122.21(j)(5)(i) would require the applicant to 
provide information about any hazardous wastes, as defined under 
Subtitle C of the Resource Conservation and Recovery Act (RCRA), or 
authorized State law, that are delivered to the facility by truck, 
rail, or dedicated pipe. This requirement does not apply to RCRA 
hazardous wastes discharged to a sewer system that mix with domestic 
sewage before reaching the POTW, because the Domestic Sewage Exclusion 
(sec. 1004(27) of RCRA) provides that solid or dissolved material in 
domestic sewage is not solid waste as defined in RCRA, and therefore is 
not a hazardous waste.
    If the POTW receives RCRA hazardous waste by truck, rail, or 
dedicated pipe, the applicant must list, for each waste received, the 
hazardous waste number, quantity, and method by which it is received. 
The permit writer would use this information to coordinate appropriate 
RCRA requirements including, where appropriate, additional permit terms 
to address such requirements. In addition, this information will enable 
permitting authorities to identify potential impacts in the POTW's 
discharge.
    In order to establish appropriate permit requirements, the permit 
writer also needs to be aware of wastewaters discharged to the POTW 
that originate from remedial activities conducted under the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA), the RCRA corrective action program, or other authorities. 
POTWs are sometimes used for the disposal of wastewaters generated 
during remediation of CERCLA (Superfund) sites or during RCRA 
corrective action activities at industrial facilities. Paragraphs (ii)-
(iv), in proposed Sec. 122.21(j)(6), would require the applicant to 
identify wastewaters from remedial activities known or expected to be 
received during the life of the permit, the origin of such wastes and 
the treatment, if known, that such wastes receive prior to entering the 
POTW. This information is intended to help the permit writer decide 
whether to establish additional monitoring or permit requirements for 
the effluent and sewage sludge.
7. Combined Sewer Overflows
    In developing permit requirements to meet BAT/BCT using BPJ and to 
meet applicable water quality standards for CSO discharges, the permit 
writer requires certain information. To ensure that the permit writer 
has the necessary 

[[Page 62569]]
information, EPA proposes to require information that reflects the 
Agency's 1994 CSO Control Policy (see discussion in background 
section). This paragraph is intended to complement, and not overlap, 
other reporting that POTWs may be required to provide by the NPDES 
authority in accordance with the CSO Control Policy.
    Proposed Sec. 122.21(j)(7)(i) would require information about the 
combined sewer system (CSS), including a system map and system diagram 
that describe the relevant features of the system. Applicants are also 
required to identify the number of CSO discharge points to be covered 
by the permit application. Because municipalities with CSOs often have 
more than one treatment plant, different POTW permits may include 
different outfalls from their CSS.
    Similarly, proposed Sec. 122.21(j)(7)(ii) would require that 
applicants provide information on each outfall specifically covered by 
the application. This includes some locational information similar to 
that for outfalls of treated effluent in proposed Sec. 122.21(j)(2), 
paragraphs (i) and (ii). As discussed previously, this sort of 
locational data is consistent with Agency policy concerning the 
reporting of such information. It also provides permitting authorities 
with a means of locating dischargers within the U.S. Soil Conservation 
Service watershed categorization system, a State's river basin 
categorization system, and the U.S. Geological Survey cataloging 
scheme.
    This provision would also require information about any monitoring 
conducted on the outfall by the applicant and any CSO incidents that 
occurred in the year previous to the permit application. Finally, 
proposed Sec. 122.21(j)(7)(ii)(E) would require the permittee to 
identify any significant industrial users (see discussion on 
pretreatment and industrial user information) that contribute to the 
CSO and to describe any known water quality impacts, such as beach or 
shellfish bed closings and fish kills. The Agency considers this to be 
a minimal amount of information to be provided to the permit writer, 
inasmuch as the permit writer must have adequate information to 
specifically authorize discharges at each of the identified outfalls.
8. Contractors
    Proposed Sec. 122.21(j)(8) would require the applicant to identify 
all contractors responsible for any operation or maintenance aspects of 
the POTW and to specify such contractors' responsibilities. This 
information enables the permit writer to determine who has primary 
responsibility for the operation and maintenance of the POTW, and thus 
determine whether a contractor should be included on the permit as a 
co-permittee.
9. Certification
    Proposed Sec. 122.21(j)(9) would require the signature of a 
certifying official in compliance with 40 CFR 122.22, which requires 
the signature of a certifying official on all NPDES applications. The 
certification would apply to all attachments identified on the 
application form, as well as any others included by the applicant.
10. Revision to Pretreatment Program Requirements
    Existing Sec. 122.21(j)(iv) requires applicants with a pretreatment 
program to provide a technical evaluation of the need to revise local 
limits, under 40 CFR 403.5(c)(1). Since 1990, when that requirement was 
promulgated, the Agency has received numerous requests to change the 
provision to make it effective after the date of permit issuance. The 
concern has been raised that a POTW most needs to review its local 
limits after permit reissuance, when new permit limits are in place, 
rather than prior to permit reissuance.
    The Agency agrees with these comments and proposes to make this 
change. In order to be clear, the provision has been reworded and is 
proposed to be moved to 40 CFR 403.8(f)(4), with the existing POTW 
pretreatment program requirements. The Agency solicits comment on this 
approach.

C. Application Requirements for TWTDS (40 CFR 122.21(q))

    Under Sec. 122.21(d)(3)(ii), POTWs and other treatment works 
treating domestic sewage (TWTDS) are currently required to submit the 
sewage sludge information listed at Sec. 501.15(a)(2) with their permit 
applications. Today EPA proposes regulatory language at Sec. 122.21(q) 
to update the information that must be reported. Proposed revised 
Sec. 501.15(a)(2) would reference the requirements of proposed 
Sec. 122.21(q). EPA also proposes a new form, Form 2S, for collection 
of this information. Section (q) would require all TWTDS, except 
``sludge-only'' facilities, to report information regarding sewage 
sludge generation, treatment, use, and disposal. The permitting 
authority may also require a ``sludge-only'' facility to submit a 
permit application containing this information. These proposed new 
requirements are intended to clarify existing sewage sludge application 
requirements, as necessary to implement the Agency's Part 503 standards 
for sewage sludge use or disposal.
    As with the proposed POTW application requirements, the Agency does 
not wish to require redundant reporting by TWTDS. Thus, the Agency is 
proposing to allow a waiver for information required to be reported 
under Sec. 122.21(q) similar to that proposed for Sec. 122.21(j). This 
would allow the Director to waive any requirements in proposed 
paragraph (q) if the Director has access to substantially identical 
information. The Agency solicits comment on this approach and the 
proposed conditions for allowing such a waiver.
    Also as with the proposed POTW application requirements, the Agency 
also solicits comment on ways to allow the permit writer or permitting 
authority discretion in waiving particular information where the 
permitting authority determines that such information is not necessary 
for the application. In other words, there may be flexible ways to look 
at each applicant in light of the overall ``matrix of characteristics'' 
regarding a particular facility. Where, for example, historical data 
indicate that additional sampling is not warranted unless other 
conditions have changed, the Agency is considering waiving such 
sampling. Such flexibility would involve a holistic approach to 
implementing these proposed requirements, and the Agency solicits 
comment as to ways in which it could be accomplished without making 
these provisions entirely discretionary, so that one could predict the 
exercise of discretion. This might be particularly relevant on the 
second and subsequent rounds of permitting under these proposed 
provisions. The Agency also seeks comment on what information might be 
appropriate and what information might be inappropriate for such 
waivers.
1. Facility Information
    Proposed Sec. 122.21(q)(1) would require summary information on the 
identity, size, location, and status of the facility. Proposed 
paragraph (ii) would request that the facility location be described by 
latitude and longitude to the nearest second. This information meets 
the specifications of EPA's Locational Data Policy and supports the 
Watershed Protection Approach, by providing permit writers and other 
Federal and State environmental managers with a means of geographically 
locating potential sources of polluted runoff. EPA believes that this 
change would 

[[Page 62570]]
merely clarify, without expanding, an existing reporting requirement.
2. Applicant Information
    Proposed Sec. 122.21(q)(2) would require information concerning the 
identity of the applicant and its status as a Federal, State, private, 
public, or other entity.
3. Permit Information
    Proposed Sec. 122.21(q)(3) restates the Sec. 501.15(a)(2)(v) 
requirement that the applicant list the facility's NPDES permit number 
and any other permit numbers or construction approvals received or 
applied for under various authorities.
4. Federal Indian Reservations
    Proposed Sec. 122.21(q)(4) clarifies existing 
Sec. 501.15(a)(2)(iv), which asks only ``whether the facility is 
located on Indian Lands.'' A sewage sludge use or disposal permit, 
however, may cover activities occurring beyond the boundaries of the 
``facility.'' Therefore, the proposed paragraph asks whether any 
generation, treatment, storage, land application, or disposal of sewage 
sludge occurs on a Federal Indian Reservation. EPA believes that this 
information will better enable the permit writer to identify the proper 
permitting authority and applicable requirements.
5. Topographic Map
    Proposed Sec. 122.21(q)(5) would require the applicant to submit 
the following information on a topographic map (or maps) depicting the 
area one mile beyond the property boundaries of the TWTDS: All sewage 
sludge management facilities, all water bodies, and all wells used for 
drinking water listed in public records or otherwise known to the 
applicant within 1/4 mile of the property boundaries. This proposed 
requirement is different from the existing topographic map requirement 
at Sec. 501.15(a)(2)(vi) in that the proposed requirement asks for 
information on use and disposal sites rather than just disposal sites. 
EPA believes that it is just as important to get information on land 
application sites as on disposal sites. Neither the existing nor the 
proposed requirements request a map for sites that extend more than a 
mile beyond the TWTDS's property boundary. The permitting authority 
could request maps of all use or disposal sites if they believe that 
this information is necessary to develop adequate permits. EPA requests 
comments on whether maps should be required for all use or disposal 
sites, or whether this requirement should be modified in some other 
way.
6. Sewage Sludge Handling
    Proposed Sec. 122.21(q)(6) would require the applicant to prepare a 
flow diagram, and/or a narrative description that identifies all sewage 
sludge management practices (including on-site storage) to be employed 
during the life of the permit. EPA believes that this information is 
necessary because the applicant may employ sewage sludge management 
practices not covered under the more specific questions proposed in 
today's rule. To draft a complete permit, the permit writer must be 
aware of all sewage sludge storage, use, or disposal practices that may 
have an adverse affect on public health and the environment. EPA 
requests comments on whether more specific information about on-site 
and off-site storage of sewage sludge should be required of permit 
applicants.
7. Sewage Sludge Quality
    Currently, Sec. 501.15(a)(2)(vii) requires applicants to report 
``any sludge monitoring data the applicant may have.'' However, this 
requirement neither identifies the parameters that must be reported nor 
provides a mechanism for reporting this information. Proposed Form 2S 
and Sec. 122.21(q)(7) would address this need by requiring monitoring 
data for specific parameters in sewage sludge that is used or disposed.
    Proposed paragraph (i) of Sec. 122.21(q)(7) would require all Class 
I sludge management facilities to submit the results of at least one 
toxicity characteristic leaching procedure (TCLP) conducted during the 
last five years to determine whether the sewage sludge is a hazardous 
waste. The TCLP is described in 40 CFR Part 261, Appendix II, and is a 
method for determining whether a solid waste exhibits the 
characteristic of toxicity, in accordance with 40 CFR 261.24. 40 CFR 
Part 503 does not establish requirements for the use or disposal of 
sewage sludge determined to be hazardous under the procedures in 
Appendix II of 40 CFR Part 261 and Sec. 261.24. Hazardous sewage sludge 
must be used or disposed of in accordance with the hazardous waste 
regulations in 40 CFR Parts 261-268, or authorized State law. Using the 
results of the hazardous waste test, the permitting authority will 
determine which requirements apply to the use or disposal of the 
applicant's sewage sludge. EPA requests comments on whether facilities 
should be allowed to use a method other than a TCLP to show that their 
sewage sludge is non-hazardous and whether non-Class I sludge 
management facilities should be required to perform a TCLP.
    Proposed paragraph (ii) of Sec. 122.21(q)(7) would require all 
applicants to submit data on individual pollutants in the sewage 
sludge. Existing data could be submitted if it were two years old or 
less. EPA is proposing a two-tier approach for collection of pollutant 
data that is based on whether the treatment works has an industrial 
wastewater pretreatment program.
    Under the two-tier approach, Class I sludge management facilities 
would submit sewage sludge data for the pollutants listed in proposed 
40 CFR Part 122, Appendix J, Table 2 (``Effluent and Sewage Sludge 
Parameters for Selected POTWs and Treatment Works Treating Domestic 
Sewage'') and Table 3 (``Other Effluent and Sewage Sludge Parameters 
for Treatment Works Treating Domestic Sewage and Selected POTWs'') and 
for other selected pollutants, as part of the application for a permit 
for the use or disposal of sewage sludge. Other TWTDS would be required 
to submit data for the pollutants regulated in Part 503 and for other 
selected pollutants.
    a. Class I sludge management facilities. A Class I sludge 
management facility is any POTW required to have an approved 
pretreatment program under 40 CFR 403.8(a) and any TWTDS classified as 
a Class I sludge management facility because of the potential for the 
TWTDS's sewage sludge use or disposal practice to affect public health 
and the environment adversely. Under today's proposal a Class I sludge 
management facility would submit sewage sludge concentration data for 
all the priority pollutants, except asbestos, as listed in Tables 2 and 
3 of Appendix J; for the Part 503 pollutants; and for total kjeldahl 
nitrogen (TKN), ammonia, nitrate, and phosphorus (total).
    EPA is proposing to require Class I sludge management facilities to 
submit data on the priority pollutants because they are known to have 
adverse effects on human health and the environment and are of concern 
to the general public. Since sewage sludge from Class I sludge 
management facilities has an industrial component, it is important to 
reassure the public that this sewage sludge will not cause harm if it 
is used or disposed according to Part 503. A pollutant scan every five 
years should help promote the beneficial use of sewage sludge by 
demonstrating its quality. If any pollutants that are not regulated by 
Part 503 show up in the scan, the results would enable the permitting 
authority to determine whether additional permit 

[[Page 62571]]
conditions (i.e., in addition to the requirements in Part 503) are 
necessary to protect public health and the environment.
    Many Class I sludge management facilities are already required by 
their pretreatment program to monitor their sewage sludge for these 
pollutants. In addition, many State sewage sludge programs require 
monitoring for some or all of these pollutants. EPA seeks comments on 
this approach.
    Section 405(d) of the CWA contemplates a phased approach to 
establishing numerical limits for pollutants in sewage sludge that is 
used or disposed. Moreover, sec. 405(d)(2)(D) of the CWA provides that 
``[f]rom time to time, but not less often than every 2 years, the 
Administrator shall review the regulation * * * for the purpose of 
identifying additional pollutants and promulgating regulations for such 
pollutants * * *.''
    The Standards for the Use or Disposal of Sewage Sludge that were 
published on February 19, 1993, constitute Round One of EPA's sewage 
sludge standards program. The Agency has identified a tentative list of 
pollutants for which limits will be established in a Round Two 
regulation (i.e., an amendment to the Round One regulation) and has 
announced a tentative schedule for the publication of that amendment.
    Pollutants on the tentative list for the Round Two regulation 
include acetic acid (2,4,-dichlorophenoxy), aluminum, antimony*, 
asbestos, barium, beryllium*, boron, butanone (2-), carbon disulfide, 
cresol (p-), cyanide (soluble salts and complexes)*, dioxin/
dibenzofuran (all monochloro to octochloro congeners), endsulfan-II, 
fluoride, manganese, methylene chloride*, nitrate*, nitrite*, 
pentachloronitrobenzene, phenol*, phthalate (bis-2-ethylhexyl)*, 
polychlorinated biphenyls (co-planar), propanone (2-), silver*, 
thallium*, tin, titanium, toluene*, trichlorophenoxyacetic acid (2,4,5-
), trichlorophenoxypropionic acid ([2-(2,4,5-)], and vanadium. EPA has 
indicated that it retains the discretion either to add to or delete 
pollutants from the above list of pollutants.
    The Agency is considering adding the above pollutants to the list 
of pollutants for which data have to be submitted by Class I sludge 
management facilities with a permit application. Eleven of the above 
pollutants are included in Tables 2 or 3 of proposed Appendix J or are 
nutrients (see pollutants marked with an asterisk). Therefore, this 
approach would require that Class I sludge management facilities submit 
data for 20 additional pollutants. The Agency requests comments on this 
proposal.
    b. All TWTDS. Part 503 contains pollutant limits for ten inorganic 
pollutants for sewage sludge that is land applied (subpart B), three 
inorganic pollutants for sewage sludge placed on an unlined surface 
disposal site (subpart C), and five inorganic pollutants for sewage 
sludge fired in a sewage sludge incinerator (subpart E). There are no 
pollutant limits in Part 503 for sewage sludge placed on a lined 
surface disposal site or for sewage sludge placed in a municipal solid 
waste landfill unit.
    The pollutants for which limits are included in Part 503 are 
arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel, 
selenium, and zinc. Part 503 also contains an operational standard for 
pathogens (i.e., fecal coliform, Salmonella sp. bacteria, enteric 
viruses, and viable helminth ova) and for total hydrocarbons (THC). The 
operational standards for pathogens are values that can not be exceeded 
in sewage sludge and the operational standard for THC is a value that 
can not be exceeded in the air emissions for a sewage sludge 
incinerator stack.
    With today's rulemaking, EPA proposes that applicants for a sewage 
sludge use or disposal permit submit sewage sludge concentration data 
for all of the Part 503 inorganic pollutants. The permitting authority 
needs to determine whether a TWTDS can change its use or disposal 
practice if the need arises. Data for all of the Part 503 pollutants 
will help the permitting authority make that determination.
    The Agency is aware that many TWTDS employ only one sewage sludge 
use or disposal practice, and that such treatment works may object to 
submitting data for pollutants that are not regulated for that 
practice. Nevertheless, EPA believes that the additional information 
burden to collect and submit data for all of the Part 503 pollutants is 
offset by the value of the data to the permitting authority. The Agency 
solicits comments on whether an applicant should be required to submit 
data only for the pollutants regulated for the TWTDS's use or disposal 
practice.
    As indicated previously, EPA also proposes that all applicants 
submit sewage sludge data for TKN, ammonia, nitrate-nitrogen, and total 
phosphorus with a permit application. In addition, the percent solids 
of the sewage sludge that is used or disposed of would have to be 
reported. Percent solids is required to ensure that all sewage sludge 
data can be converted to dry weight values.
    Information on the nitrogen and phosphorus content of sewage sludge 
is needed for several reasons. One important use of the nitrogen data 
is to help the permit writer to evaluate the design of the agronomic 
rate for a land application site. Part 503 requires that sewage sludge 
be land applied at a rate that is equal to or less than the agronomic 
rate for the application site. The Agency also can use the data on 
nutrients in sewage sludge in future considerations as to whether to 
establish limits for nitrogen and phosphorus in sewage sludge.
    The Agency is also considering adding certain pathogens to the list 
of pollutants for which data would be required with an application. 
These include Salmonella sp. bacteria, enteric viruses, and viable 
helminth ova. Part 503 contains density levels for these microorganisms 
that cannot be exceeded in sewage sludge that is used or disposed. In 
addition to pathogens, the Agency is also considering requesting data 
for fecal coliform, which is used in Part 503 as a pathogen indicator. 
The permitting authority would use these data to determine whether the 
sewage sludge meets the Class A or Class B pathogen requirements in 
Part 503. Pathogen data only would have to be submitted by persons who 
land apply or place sewage sludge in a surface disposal site. EPA is 
seeking comments on this issue as part of today's proposal.
    Results of current efforts within the Agency may require that 
limits be established prior to the Round Two sewage sludge regulation, 
for dioxin/dibenzofuran and co-planar polychlorinated biphenyls (PCBs) 
in sewage sludge that is used or disposed. Dioxin/dibenzofuran is a 
carcinogen that is highly toxic in low concentrations. Because the 
chemical structure of co-planar PCBs is similar to the chemical 
structure of dioxin/ dibenzofuran, they are expected to have similar 
human health effects (i.e., toxic in low concentrations). Data for 
these two pollutants could be used to develop Part 503 limits for these 
pollutants or to evaluate the Part 503 limits. For this reason, the 
Agency is considering requesting all TWTDS to submit data for these 
pollutants with a sewage sludge permit application. EPA seeks comments 
on whether TWTDS who are not Class I sludge management facilities 
should be required to submit data on these two pollutants.
8. Requirements for a Person Who Prepares Sewage Sludge
    Proposed Sec. 122.21(q)(8) identifies permit application 
information that a person who prepares sewage sludge for 

[[Page 62572]]
use or disposal would be required to submit. A ``person who prepares,'' 
as defined at 40 CFR 503.9(r), is ``either the person who generates 
sewage sludge during the treatment of domestic sewage in a treatment 
works or the person who derives a material from sewage sludge.'' This 
section would thus pertain to any POTW or other treatment works that 
generates sewage sludge. It also would include facilities (such as 
composting operations) that receive sewage sludge from another facility 
and then derive a material from that sewage sludge.
    Paragraphs (i) and (ii) of proposed Sec. 122.21(q)(8) would request 
information on the amount of sewage sludge ``prepared'' at the 
facility. This includes the amount generated (paragraph (i)) plus any 
other amount that is received from off-site (paragraph (ii)). These 
paragraphs are intended to clarify the existing requirement at 
Sec. 501.15(a)(2)(x), which tells the applicant to report annual sludge 
production volume. Paragraph (ii) would also solicit information on 
sewage sludge treatment practices at any off-site facility from which 
sewage sludge is received. The off-site facility providing the sewage 
sludge is, by definition, also a ``person who prepares,'' and, 
therefore, would also be subject to sludge permitting requirements. EPA 
believes that information on the delivering facility enables the permit 
writer to assess the quality of sewage sludge received by the 
applicant. It also fosters more appropriate allocation of permit 
requirements between the applicant's facility and an off-site ``person 
who prepares.''
    As in the case of the Municipal Application regulations, the Agency 
desires to incorporate into the final rule provisions that reduce 
duplication of effort. One possible way is to allow the applicant to 
reference substantially similar information previously submitted to a 
permitting authority rather than resubmit the information. The Agency 
solicits comments on using this approach in the final rule and 
suggestions of other possible options.
    Before sewage sludge is applied to the land or placed on an active 
sewage sludge unit, it must meet the requirements for pathogen 
reduction in Sec. 503.32 and for vector attraction reduction in 
Sec. 503.33. Therefore, paragraph (iii) of proposed Sec. 122.21(q)(8) 
would request information on sewage sludge treatment processes at the 
applicant's facility, including pathogen or vector attraction reduction 
processes. The permit writer needs to know whether pathogen and vector 
attraction reduction requirements are met at the applicant's facility 
and thus should be addressed in the applicant's permit. If these 
requirements are not met by the applicant, pathogen and vector 
attraction reduction must be met by a subsequent ``person who 
prepares'' or the owner/operator of a surface disposal site.
    ``Exceptional quality'' (EQ) sewage sludge must meet the ceiling 
concentrations in 40 CFR 503.13(b)(1), the pollutant concentrations in 
Sec. 503.13(b)(3), the Class A pathogen requirements in Sec. 503.32(a), 
and one of the vector attraction reduction requirements in Sec. 503.33 
(b)(1) through (b)(8). Because of its high quality, ``EQ'' sewage 
sludge is not subject to the general requirements of Sec. 503.12 or the 
management practices of Sec. 503.14. Therefore, fewer permitting and 
permit application requirements pertain to facilities generating such 
sewage sludge. Proposed paragraph (iv) of Sec. 122.21(q)(8) would ask 
for the amount of sewage sludge that is applied to the land. EPA 
believes that this information is all that is needed to develop sewage 
sludge conditions for such a facility. Under paragraph (iv), the 
applicant would not need to provide the other, more-detailed, 
information in proposed Sec. 122.21(q)(8) paragraphs (v) and (vi) for 
sewage sludge meeting ``EQ'' criteria.
    The existing requirement at Sec. 501.15(a)(2)(viii) asks for the 
``name of any distributors when the sludge will be disposed of through 
distribution and marketing.'' This requires the names of any facilities 
that sell or give away ``EQ'' sewage sludge. EPA believes that ``EQ'' 
sewage sludge should be treated similarly to other fertilizers. Thus, 
the Agency believes that the names of distributors should not be 
required and is proposing to delete the requirement at 
Sec. 501.15(a)(2)(viii). The Agency seeks comments on this approach.
    Paragraph (v) of proposed Sec. 122.21(q)(8) would seek information 
on sewage sludge that is not ``EQ,'' but is nevertheless placed in a 
bag or other container for sale or give-away for application to the 
land. Under Part 503, such sewage sludge must meet the Class A pathogen 
requirements in Sec. 503.32(a) and one of the vector attraction 
reduction requirements in Sec. 503.33(b)(1) through (8). In addition, 
the sewage sludge must meet either the pollutant concentrations in 
Table 3 of Sec. 503.13 or the annual pollutant loading rates (APLRs) in 
Table 4 of Sec. 503.13. If this sewage sludge meets the Table 3 
pollutant concentrations, it is ``EQ'' sewage sludge and thus would be 
subject to proposed paragraph (iv). Proposed paragraph (v) would only 
apply to sewage sludge subject to the Table 4 APLRs that is placed in a 
bag or other container for application to the land. EPA proposes to 
require that the applicant employing this type of sewage sludge use 
provide the volume of sewage sludge placed in bags or other containers 
and a copy of all labels or notices that accompany the product being 
sold or given away.
    Paragraph (vi) of proposed Sec. 122.21(q)(8) would seek information 
about any other ``person who prepares'' who receives sewage sludge from 
the applicant's facility. This information helps the permit writer to 
identify which permit requirements should apply to the applicant and 
whether the subsequent preparer needs to obtain a permit. Paragraphs 
(C) and (E) of proposed paragraph (vi) would provide the permit writer 
with necessary information on the quality of the sewage sludge that is 
ultimately land applied. This information also enables the permit 
writer to identify activities of the subsequent ``person who prepares'' 
that may subject the applicant to additional regulation or permit 
requirements. Therefore, these requirements would ensure that the 
sewage sludge will meet all applicable Part 503 requirements at the 
time of land application, regardless of the number of parties involved. 
One possible way to obtain this information is to allow the applicant 
to reference substantially similar information previously submitted to 
a permitting authority rather than resubmit the information. The Agency 
solicits comments on using this approach in the final rule and 
suggestions of other possible options.
9. Land Application of Bulk Sewage Sludge
    Proposed Sec. 122.21(q)(9) would request information on sewage 
sludge that is land applied in bulk form. This section would apply only 
where the applicant's permit must contain all applicable Part 503 
requirements for land application. This section would not apply if the 
applicant generates ``EQ'' sewage sludge subject to proposed 
Sec. 122.21(q)(8)(iv), or if the applicant places sewage sludge in a 
bag or other container for sale or give-away for application to the 
land subject to proposed Sec. 122.21(q)(8)(v). In neither of these 
cases is it necessary to control the ultimate land application through 
a permit and thus the applicant would not need to provide this 
information as part of the application. The section also would not 
apply if the applicant provides sewage sludge to another ``person who 
prepares'' subject to proposed Sec. 122.21(q)(8)(vi). In this case, the 
ultimate land application would be 

[[Page 62573]]
controlled by the subsequent ``person who prepares.''
    Paragraph (i) of proposed Sec. 122.21(q)(9) would clarify the 
existing requirement at Sec. 501.15(a)(2)(x) which tells the applicant 
to report annual sludge production volume. Paragraph (ii) asks how the 
applicant will satisfy the Sec. 503.12(i) notification requirement for 
land application sites in a State other than the State where the sewage 
sludge is prepared.
    Paragraph (A) of proposed Sec. 122.21(q)(9)(iii) would ask the 
applicant to identify the land application site. This question would 
request locational information which supports the Watershed Protection 
Approach, by providing permit writers and other Federal and State 
environmental managers with a means of geographically locating 
potential sources of polluted runoff.
    Paragraphs (B) and (C) of proposed Sec. 122.21(q)(9)(iii) would ask 
the applicant to identify the land application site owner and applier, 
if different than the applicant. EPA believes that this information is 
necessary in order to ensure that the permit is issued to the correct 
party. These proposed paragraphs would clarify and expand on existing 
requirements at Sec. 501.15(a)(2)(viii).
    One of the land application management practices in Sec. 503.14 
mandates that bulk sewage sludge shall not be applied to land at 
greater than the agronomic rate. Therefore, paragraphs (D) and (E) of 
proposed Sec. 122.21(q)(9)(iii) would ask the applicant to identify the 
type of land application site, the type of vegetation grown on that 
site, if known at the time of permit application, and the vegetation's 
nitrogen requirement. This information enables the permit writer to 
calculate an appropriate permit management practice regarding agronomic 
rate. EPA recognizes that different crops may be grown on a site during 
the life of a permit. If the crop for a site is not known or likely to 
change, the applicant should submit whatever information is available.
    Paragraph (F) of proposed Sec. 122.21(q)(9)(iii) would request 
information on vector attraction reduction measures undertaken at the 
land application site. Before sewage sludge is applied to the land, it 
must meet the requirements for vector attraction reduction in 
Sec. 503.33. These measures may be undertaken either by the ``person 
who prepares'' sewage sludge or by the operator of the land application 
site.
    Paragraph (G) of proposed Sec. 122.21(q)(9)(iii) would ask the 
applicant to submit any existing ground-water monitoring data for the 
land application site. Section 503.14(d) states that bulk sewage sludge 
may not be applied to land at greater than the agronomic rate. Section 
503.11(b)(2) explains that ``agronomic rate'' is the whole sludge 
application rate that minimizes the amount of nitrogen that passes 
below the root zone and into the ground water. EPA believes that 
permitting authorities need to review existing ground-water monitoring 
data for land application sites in order to ensure that sewage sludge 
application rates are appropriately protective of ground water.
    Section 501.15(a)(2)(ix) asks for information necessary to 
determine if the site is appropriate for land application and a 
description of how the site will be managed. This requirement could be 
interpreted in different ways. Today's rule attempts to clearly specify 
the site management requirements in proposed paragraphs (D)-(G) of 
proposed Sec. 122.21(q)(9)(iii). The permitting authority could request 
other site management information if it is needed to identify 
appropriate permit conditions.
    Proposed Sec. 122.21(q)(9)(iv) would request information that the 
permitting authority needs in order to verify whether the 
Sec. 503.12(e)(2)(i) requirement for appliers of bulk sewage sludge 
subject to cumulative pollutant loading rates (CPLRs) has been met. A 
cumulative pollutant loading rate, as defined in Sec. 503.11(f) is 
``the maximum amount of an inorganic pollutant that can be applied to 
an area of land.'' This information enables EPA to ensure that the 
CPLRs are not exceeded when more than one facility is sending sewage 
sludge subject to CPLRs to the same site.
    Proposed Sec. 122.21(q)(9)(v) restates the requirement in existing 
Sec. 501.15(a)(2)(ix) for information on land application sites not 
identified at the time of permit application.
10. Surface Disposal
    Proposed Sec. 122.21(q)(10) requests information on sewage sludge 
that is placed on a surface disposal site. By definition, a sewage 
sludge surface disposal site is a TWTDS. Many surface disposal site 
owner/operators, however, would not have to complete this section, but 
would instead submit the limited background information required by 
Sec. 122.21(c)(2)(iii). The applicant would be required to provide the 
information requested by proposed Sec. 122.21(q)(10) only if the 
surface disposal site were already covered by an NPDES permit; if the 
owner/operator were requesting site-specific pollutant limits; or if 
the permitting authority were requiring a full application.
    Paragraph (i) of proposed Sec. 122.21(q)(10) would clarify the 
existing requirement at Sec. 501.15(a)(2)(x) which tells the applicant 
to report annual sludge production volume. Paragraph (ii) of proposed 
Sec. 122.21(q)(10) would require that the applicant provide the name or 
number, address, telephone number, and amount of sewage sludge placed 
on each surface disposal site that the applicant does not own or 
operate. This paragraph would clarify and expand on existing 
requirements at Sec. 501.15(a)(2)(viii). EPA believes that this 
information is necessary in order to ensure that the permit is issued 
to the correct party.
    Paragraph (iii) of proposed Sec. 122.21(q)(10) would request 
detailed information on each active sewage sludge unit at each surface 
disposal site that the applicant owns or operates. A ``sewage sludge 
unit'' is defined in Sec. 503.21(n) as ``land on which only sewage 
sludge is placed for final disposal.'' A ``surface disposal site'' is 
``an area of land that contains one or more sewage sludge units.'' 
Information on each active sewage sludge unit is necessary because Part 
503 provides for different pollutant limits, monitoring requirements, 
and management practices for each unit. This information enables the 
permitting authority to establish proper permit conditions.
    Paragraph (I) of Sec. 122.21(q)(10)(iii) would request information 
on sewage sludge sent to the active sewage sludge unit by any facility 
other than the applicant's. This information helps the permit writer to 
determine which requirements apply to the surface disposal site owner/
operator and which apply to the facility which sends sewage sludge to 
the surface disposal site. As previously mentioned, one way to reduce 
duplicate reporting, is to allow the applicant to reference 
substantially similar information already submitted to a permitting 
authority. The Agency solicits comments on using this approach in the 
final rule and suggestions for other options.
    Paragraph (J) of proposed Sec. 122.21(q)(10)(iii) would request 
information on vector attraction reduction measures undertaken at the 
active sewage sludge unit. Before sewage sludge is placed on an active 
sewage sludge unit, it must meet the requirements for vector attraction 
reduction in Sec. 503.33. Since vector attraction reduction measures 
may be performed either by the facility preparing sewage sludge or by 
the surface disposal site owner/operator, EPA believes that both should 
be 

[[Page 62574]]
required to supply information on their practices.
    Section 503.24(n)(2) requires surface disposal sites to demonstrate 
by way of a ground-water monitoring program or certification that 
sludge placed on an active sewage sludge unit does not contaminate the 
underlying aquifer. In order to ensure that this requirement is 
implemented, paragraph (K) of proposed Sec. 122.21(q)(10)(iii) would 
request information on ground-water monitoring programs or 
certifications. Because many communities rely on ground water as a 
source of drinking water, EPA believes that this information is 
necessary to protect public health and the environment.
    After August 18, 1993, only surface disposal sites showing good 
cause may apply for site-specific pollutant limits. Paragraph (L) of 
proposed Sec. 122.21(q)(10)(iii) would request the information 
necessary for the permit writer to determine whether such site-specific 
limits are warranted. This information would include a demonstration 
that the values for site parameters at the applicant's site differ from 
those used to develop the surface disposal pollutant limits in Part 
503.
11. Incineration
    Proposed Sec. 122.21(q)(11) would request information on sewage 
sludge that is fired in a sewage sludge incinerator. According to 
Sec. 503.41(k), a sewage sludge incinerator is ``an enclosed device in 
which only sewage sludge and auxiliary fuel are fired.'' A sewage 
sludge incinerator is a TWTDS and is required to submit a full permit 
application.
    Paragraph (i) of proposed Sec. 122.21(q)(11) would clarify the 
existing requirement at Sec. 501.15(a)(2)(x) which tells the applicant 
to report annual sludge production volume. Paragraph (ii) of proposed 
Sec. 122.21(q)(11) would require that the applicant provide the name or 
identifying number, address, telephone number, and amount of sewage 
sludge fired in each sewage sludge incinerator that the applicant does 
not own or operate. This paragraph would clarify existing requirements 
at Sec. 501.15(a)(2)(viii). EPA believes that this information is 
necessary in order to ensure that the permit is issued to the correct 
party.
    Paragraph (iii) of proposed Sec. 122.21(q)(11) would request 
detailed information on each sewage sludge incinerator that the 
applicant owns or operates. Paragraph (B) of proposed paragraph (iii) 
would request the total amount of sewage sludge fired annually in each 
incinerator. This information is necessary because the monitoring 
requirements for sewage sludge incinerators are based on the total 
amount fired.
    Paragraphs (C) and (D) of proposed Sec. 122.21(q)(11)(iii) would 
request information on compliance with the beryllium and mercury 
National Emissions Standards for Hazardous Air Pollutants (NESHAPs). 
Section 503.43 paragraphs (a) and (b) require compliance with these 
standards through a cross-reference to 40 CFR Part 61 subparts C and E. 
If the incinerator is required to perform stack testing, these 
paragraphs would require the applicant to submit a report of that 
testing.
    Under Sec. 503.43, the pollutant limits applicable to each sewage 
sludge incinerator are calculated based on factors unique to each 
incinerator. Paragraphs (E), (F), and (G) of proposed 
Sec. 122.21(q)(11)(iii) would require each applicant to submit these 
factors for their incinerator(s). Calculating pollutant limits on an 
individual basis allows the actual performance of each incinerator and 
actual site conditions, such as topography, to be taken into account. 
EPA believes that this is more appropriate than mandating national 
pollutant limitations for sewage sludge incinerators.
    In the development of Part 503, EPA determined that it would be 
infeasible to establish individual limits for each hydrocarbon in 
sewage sludge incinerator exit gas. Instead, the Agency adopted a 100 
ppm total hydrocarbon (THC) limit and required continuous THC 
monitoring to show compliance. Part 503 was amended, on February 25, 
1994 (59 FR 9095), to allow sewage sludge incinerators whose exit gas 
does not exceed 100 ppm carbon monoxide (CO) to show compliance with 
the THC operational standard by monitoring CO instead of THC. 
Paragraphs (H), (I), and (J) of proposed Sec. 122.21(q)(11)(iii) would 
request the incinerator information necessary to establish the correct 
hydrocarbon monitoring requirements.
    Many of the incinerator's site-specific factors that are used to 
calculate pollutant limits and compliance with the operational standard 
are highly dependent on the temperature at which the incinerator is 
operated and the rate at which sewage sludge is fed into the 
incinerator. For most incinerators, these parameters are determined 
during an initial performance test. In order to appropriately calculate 
pollutant limits and ensure appropriate pollutant limits and that the 
incinerator is operated within the parameters of the original 
performance test, EPA needs to know the information in paragraphs (K) 
through (O) of proposed Sec. 122.21(q)(11)(iii).
    Paragraphs (P) and (Q) of proposed Sec. 122.21(q)(11)(iii) would 
request information on the monitoring equipment and air pollution 
control devices installed on the incinerator. Information on this 
equipment is necessary to ensure that the facility complies with the 
management practices at Sec. 503.45.
12. Disposal in a Municipal Solid Waste Landfill
    Proposed Sec. 122.21(q)(12) would request information on sewage 
sludge that is sent to a municipal solid waste landfill (MSWLF). 
Section 503.4 states that sewage sludge sent to a MSWLF that complies 
with the requirements in 40 CFR Part 258 constitutes compliance with 
sec. 405(d) of the CWA. The questions in Sec. 122.21(q)(12) are 
necessary to ensure the availability of accurate information about a 
MSWLF and the sewage sludge that is sent there.
    Paragraphs (i) and (ii) of proposed Sec. 122.21(q)(12) would 
clarify existing requirements at Sec. 501.15(a)(2)(v), (viii), and (x) 
that request information on other permits, the location of disposal 
sites, and the annual sludge production volume. Paragraph (iii) would 
request information on the sewage sludge quality to ensure that it is 
acceptable for a MSWLF. Paragraph (iv) would request available 
information on whether the MSWLF is in compliance with Part 258.
13. Contractors
    Proposed Sec. 122.21(q)(13) would require the applicant to provide 
contractor information. The applicant would be required to identify all 
contractors responsible for any operation or maintenance aspects of the 
TWTDS, and specify their responsibilities. The permitting authority 
uses this information to determine who has primary responsibility for 
the operation and maintenance of the TWTDS.
14. Other Information
    Proposed Sec. 122.21(q)(14) would require the applicant to report 
any information necessary to determine the appropriate standards for 
permitting under 40 CFR Part 503, and any other information the 
permitting authority may request and reasonably require to assess the 
sewage sludge use and disposal practices, to determine whether to issue 
a permit, or to identify appropriate permit requirements. This 
paragraph restates the existing requirements in Sec. 501.15(a)(2)(xi) 
and (xii). 

[[Page 62575]]

15. Signature
    Proposed Sec. 122.21(q)(15) would require that a certifying 
official sign the form in compliance with 40 CFR 122.22. This would 
ensure that the person signing the form has the authority to speak for 
and legally bind the permittee.

IV. Paperwork Reduction Act

    The information collection requirements in this proposed rule have 
been submitted for approval to the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
Information Collection Request document has been prepared by EPA (ICR 
No. 0226.13) and a copy may be obtained from Sandy Farmer, Information 
Policy Branch; EPA; 401 M St., S.W. (Mail code 2136); Washington, DC 
20460; or by calling (202) 260-2740.
    This collection of information has an estimated reporting burden 
averaging 10.7 hours per response, including annual recordkeeping 
burden. These estimates include time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information.
    Send comments regarding the burden estimate or any other aspect of 
this collection of information, including suggestions for reducing this 
burden to Chief, Information Policy Branch; EPA; 401 M St., S.W. (Mail 
Code 2136); Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503, marked ``Attention: Desk Officer for EPA.'' The final rule will 
respond to any OMB or public comments on the information collection 
requirements contained in this proposal.

V. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.''
    Pursuant to the terms of Executive Order 12866, it has been 
determined that this rule is a ``significant regulatory action'' 
because it may adversely affect local governments by incrementally 
increasing permit application costs. As such, this action was submitted 
to OMB for review. Changes made in response to OMB suggestions or 
recommendations will be documented in the public record.

VI. Executive Order 12875

    Under Executive Order 12875 (58 FR 58093 (October 28, 1993)), no 
executive agency shall promulgate any regulation that is not required 
by statute and that creates a mandate upon a State, local, or tribal 
government, unless:
    (a) Funds to pay the direct costs associated with the regulation 
are provided by the Federal Government, or
    (b) The agency, prior to promulgation, provides OMB a description 
of its consultation with representatives of the affected governments, 
the nature of their concerns, any written communications submitted to 
the agency by them, and the agency's position supporting the need for 
the regulation. Each agency is also required to develop an effective 
process to permit elected officials and other representatives of these 
governments an opportunity to provide meaningful and timely input on 
significant unfunded mandates.
    As discussed above (``Public Consultation in the Development of 
Today's Proposal,'' at I.H.), the Agency consulted with States, local 
governments, and other parties in the development of this proposed 
rule. This is further discussed in the discussion below (``Unfunded 
Mandates Reform Act of 1995 and Consultation with State, Local, and 
Tribal Governments,'' at VII).

VII. Unfunded Mandates Reform Act of 1995 and Consultation With State, 
Local, and Tribal Governments

    Title II of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act''), Public Law 104-4, establishes requirements for Federal 
agencies to assess the effects of their regulatory actions on State, 
local, and tribal governments and the private sector. Under section 202 
of the Unfunded Mandates Act, EPA generally must prepare a written 
statement, including a cost-benefit analysis, for rules with Federal 
mandates that may result in expenditures to State, local, and tribal 
governments in the aggregate, or to the private sector, of $100 million 
or more in any one year. Before promulgating an EPA rule for which a 
written statement is needed, section 205 of the Unfunded Mandates Act 
generally requires EPA to identify and consider a reasonable number of 
regulatory alternatives and adopt the least costly, most cost-effective 
or least burdensome alternative that achieves the objectives of the 
rule. The provisions of section 205 do not apply when they are 
inconsistent with applicable law. Moreover, section 205 allows EPA to 
adopt an alternative other than the least costly, most cost-effective 
or least burdensome alternative if the Administrator publishes with the 
final rule an explanation why that alternative was not adopted.
    Under section 203 of the Unfunded Mandates Act, EPA must develop a 
small government agency plan before it establishes regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments. The plan must provide for 
notifying potentially affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    EPA has determined that this rule does not include a Federal 
mandate that may result in expenditures of $100 million or more to 
either State, local and tribal governments in the aggregate, or to the 
private sector in any year. To the extent enforceable duties arise as a 
result of today's proposed rule on State, local and tribal governments, 
such enforceable duties do not result in a significant regulatory 
action being imposed upon State, local and tribal governments since the 
estimated aggregate cost of compliance for them is not expected to 
exceed $5.7 million annually. Thus, today's proposed rule is not 
subject to the written statement requirement in section 202 of the Act.
    In compliance with E.O. 12875, which requires the involvement of 
State, local and tribal governments in the development of certain 
Federal regulatory actions, EPA conducted a wide outreach effort and 
actively sought the input of representatives of State, local, and 
tribal governments in the process of developing the proposed rule. 
Agency personnel have communicated with State and local representatives 
in 

[[Page 62576]]
a number of different forums. For example, EPA staff involved in 
development of today's proposed rule invited comments on earlier drafts 
of the proposed rulemaking, forms, and instructions from States and 
local governments both directly and through organizations such as the 
Association of Metropolitan Sewerage Agencies (AMSA), the Water 
Environment Federation (WEF), and the California Association of 
Sanitation Agencies (CASA). In response to these efforts, the Agency 
was able to communicate directly, including through meetings and 
telephone communications, with representatives of a number of 
interested State and local representatives, including representatives 
of more than twenty-five local governments. Cities represented in a 
telephone conference arranged through WEF included Price (UT), Owosso 
(MI), Saginaw (MI), Rockwood (MI), Grand Rapids (MI), Roseburg (OR), 
Central Marin San. Dist. (CA), Little Rock (AR), Dallas (TX), Northeast 
Ohio Regional Sewer Dist. (OH). Cities represented in a meeting with 
AMSA representatives included Detroit (MI), Boise (ID), City of Los 
Angeles (CA), Phoenix (AZ), Passaic Valley (NJ); Middleton (NJ), 
Hampton Roads (VA), Orange County (CA), Anchorage (AK), and Alexandria 
(VA). Other discussions were held individually with representatives of 
local governments. The Agency received written comments from AMSA, 
several cities, and a number of States. In the comments received from 
States, a number of issues were raised concerning possible impacts on 
local governments. EPA invited, but did not receive, written comments 
from the Association of State and Interstate Water Pollution Control 
Administrators (ASIWPCA) and the National League of Cities.
    Once the proposed rule is finalized, the Agency intends to provide 
information through a variety of sources, and to educate and advise 
local governments concerning compliance with the proposed requirements. 
In the Communication Plan prepared for this proposal, the Agency has 
outlined which organizations EPA will contact directly concerning the 
proposal. The same parties will also be contacted directly regarding 
the final rulemaking. The communication plan is available in the record 
supporting this proposal. The Agency seeks to assist, educate, and 
advise applicants on how to comply with the permit application 
requirements primarily through the instructions to the proposed forms, 
and seeks comment as to how the instructions could be improved. 
Additionally, the Agency intends to provide training for permit 
writers, so that they can assist, educate, and advise applicants on an 
as-needed basis when completing their applications.

VIII. Regulatory Flexibility Act

    The Regulatory Flexibility Act (Pub. L. 96-354) requires Federal 
agencies to consider the effect of proposed rules on small entities. 
Agencies must consider alternatives to proposed rules that would 
minimize the economic impact on small entities so long as these 
alternatives are consistent with the stated objective of the statute 
under which such rules are developed. However, the requirements of the 
Regulatory Flexibility Act do not alter standards otherwise applicable 
to agency action. For example, section 405 of the CWA requires EPA to 
promulgate regulations that are adequate to protect public health or 
the environment against reasonably anticipated adverse effects.
    In developing these proposed regulations, EPA considered the 
effects of the proposed regulations on small entities. The regulatory 
flexibility analysis (RFA) conducted for this proposed rule meets the 
requirements specified in the ``Guidelines for Implementing the 
Regulatory Flexibility Act'' (U.S. EPA, Office of Regulatory Management 
and Evaluation and Office of Policy, Planning, and Evaluation, April 
1992).
    Most of the applicants that would be required to complete the 
municipal and sludge application forms, if finalized, are small 
entities. For the purposes of the RFA, EPA employs the definition of 
small government entities that was originally advanced in a related 
rulemaking. See U.S. EPA, ``Regulatory Impact Analysis of the Part 503 
Sewage Sludge Regulation,'' November 25, 1992, for a complete 
discussion of the development of this definition. For the purposes of 
this rule, the term ``small government entities'' is considered to mean 
small POTWs. Small POTWs are defined as POTWs processing less than 1 
million gallons per day (mgd) of wastewater. POTWs of this size 
generally serve a population of 10,000 people or less. This definition 
is consistent with the designation of major and minor POTWs under the 
NPDES program.
    The estimate of the number of small POTWs subject to both sets of 
proposed application requirements is based on the number of minor 
POTWs. Also, for the purposes of the RFA, the Agency conservatively 
assumed that all ``sludge-only'' POTWs are small entities. Generally, 
treatment facilities serving large populations (greater than 10,000) 
generate effluent of sufficient volume that it must be discharged to 
waters of the U.S., and thus require an NPDES permit. The Agency also 
assumed for purposes of the RFA that all privately owned treatment 
facilities are small entities. Overall, EPA estimates that nearly 70 
percent of municipal applicants and 74 percent of sludge applicants are 
small entities.
    EPA considered a range of regulatory options for the proposed 
forms. In this proposal, the Agency has developed a two-tier approach 
for municipal applicants and a two-tier approach for sludge applicants. 
Applicants are categorized according to size and whether or not they 
are required to have a pretreatment program. Under each regulatory 
option considered, less stringent standards are required for smaller 
facilities that are less likely to pollute and have a lower capacity to 
absorb large monitoring costs.
    The costs of complying with the proposed application requirements 
would consist entirely of paperwork and testing costs associated with 
completing the forms and collecting the required information. 
Therefore, the costs for these activities estimated in the ICR for this 
proposed rule are used in the RFA. The five-year compliance cost 
estimates for POTWs applying for NPDES permits (i.e., for both sets of 
application requirements) range from $681 to $3,627 for small POTWs 
under the four regulatory options under consideration for the municipal 
permit application and the three regulatory options under consideration 
for the sludge application requirements. The five-year compliance cost 
estimates for the various options under this proposed rule range from 
approximately $507 to $2,849 for small privately owned treatment works. 
These costs would represent between 0.06 and 0.31 percent of the 
average annual revenues of small POTWs and small privately owned 
treatment works. As a percent of average household expenditures on 
sewage treatment, these figures would range between 0.10 and 0.54 
percent for small POTWs and small privately owned treatment works. The 
five-year compliance costs for sludge-only facilities (i.e., paperwork 
costs associated with the proposed sludge application requirements) 
range from $375 to $2,809 under the three regulatory options under 
consideration for small POTWs and from $299 to $2,849 for privately 
owned treatment works. These costs would represent well below 0.5 
percent of both the average annual revenues for small treatment works 
(public and private) and of the 

[[Page 62577]]
average annual household costs for sewage treatment. Thus, impacts on 
small treatment facilities and their customers are not expected to be 
severe.

List of Subjects

40 CFR Part 122

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Reporting and recordkeeping 
requirements, Sewage disposal, Waste treatment and disposal, Water 
pollution control.

40 CFR Part 123

    Confidential business information, Hazardous materials, Reporting 
and recordkeeping requirements, Sewage disposal, Waste treatment and 
disposal, Water pollution control, Penalties.

40 CFR Part 403

    Confidential business information, Reporting and recordkeeping 
requirements, Waste treatment and disposal, Water pollution control.

40 CFR Part 501

    Confidential business information, Environmental protection, 
Reporting and recordkeeping requirements, Publicly owned treatment 
works, Sewage disposal, Waste treatment and disposal.

    Dated: November 2, 1995.
Carol M. Browner,
Administrator.

    For the reasons set forth in the preamble. EPA proposes to amend 40 
CFR Chapter I as follows:

PART 122--EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT 
DISCHARGE ELIMINATION SYSTEM

* * * * *
    1. The authority citation for part 122 continues to read as 
follows:

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    2. Section 122.2 is amended by revising the definition for 
``Publicly owned treatment works (``POTW'') and adding a definition for 
``TWTDS'' in alphabetical order to read as follows:


Sec. 122.2  Definitions.

* * * * *
    Publicly owned treatment works (``POTW'') means a treatment works 
as defined by section 212 of the CWA, which is owned by a ``State'' or 
``municipality'' (as defined by section 502(4) of the CWA). This 
definition includes any devices and systems used in the storage, 
treatment, recycling and reclamation of municipal sewage or industrial 
wastes of a liquid nature. It also includes sewers, pipes and other 
conveyances only if they convey wastewater to a POTW Treatment Plant, 
as defined in Sec. 403.3(p) of this chapter. The term also means the 
municipality as defined in section 502(4) of the CWA, which has 
jurisdiction over the Indirect Discharges, as defined in Sec. 403.3(g) 
of this chapter, to and the discharges from such a treatment works.
* * * * *
    TWTDS means treatment works treating domestic sewage.
* * * * *
    3-6. Section 122.21 is amended by revising paragraph (c)(2)(i) 
through (iii) introductory text, paragraph (d)(3), the introductory 
text of paragraph (f), paragraph (j) and by adding paragraph (q) before 
the notes to read as follows:


Sec. 122.21  Application for a permit (applicable to State programs, 
see Sec. 123.25).

* * * * *
    (c) * * *
    (2) Permits under section 405(f) of CWA. (i) Any existing treatment 
works treating domestic sewage (TWTDS) required to have site-specific 
pollutant limits, or requesting such limits, as provided in 40 CFR Part 
503, must submit the permit application information required by 
paragraph (d)(3)(iii) of this section within 180 days after publication 
of a standard applicable to its sewage sludge use or disposal 
practice(s). After this 180-day period, TWTDS may only apply for site-
specific pollutant limits for good cause and such requests must be made 
within 180 days of becoming aware that good cause exists.
    (ii) Any TWTDS with a currently effective NPDES permit, not 
addressed under paragraph (c)(2)(i) of this section, must submit the 
application information required by paragraph (d)(3)(iii) of this 
section at the time of its next NPDES permit renewal application. Such 
information must be submitted in accordance with paragraph (d) of this 
section.
    (iii) Any other existing TWTDS not addressed under paragraphs 
(c)(2)(i) or (ii) of this section must submit the information listed in 
paragraphs (c)(2)(iii)(A) through (E) of this section, to the Director 
within 1 year after publication of a standard applicable to its sewage 
sludge use or disposal practice(s), using Form 2S or another form 
approved by the Director. The Director shall determine when such TWTDS 
must apply for a permit.
* * * * *
    (d) * * *
    (3)(i) All applicants for EPA-issued permits, other than POTWs, new 
sources, and TWTDS, must complete Forms 1 and either 2B, 2C, or 2E of 
the consolidated permit application forms to apply under Sec. 122.21 
and paragraphs (f), (g), (h), and (i) of this section.
    (ii) All POTWs must submit the application information required by 
paragraph (j) of this section, within the time periods established in 
paragraph (c)(2) of this section, using Form 2A or another form 
approved by the Director. All POTWs applying for EPA-issued permits 
must complete Form 2A.
    (iii) All TWTDS, except ``sludge-only facilities'' subject to 
paragraph (c)(2)(iii) of this section, must submit the application 
information required by paragraph (q) of this section, within the time 
periods established in paragraph (c)(2) of this section, using Form 2S 
or another form approved by the Director. All such applicants applying 
for EPA-issued permits must complete Form 2S.
* * * * *
    (f) Information requirements. All applicants for NPDES permits, 
other than POTWs and other TWTDS, shall provide the following 
information to the Director, using the application form provided by the 
Director (additional information required of applicants is set forth in 
paragraphs (g) through (k) of this section).
* * * * *
    (j) Application requirements for new and existing POTWs. Unless 
otherwise indicated, all POTWs shall provide, at a minimum, the 
information in this paragraph (j) to the Director, using Form 2A or 
another application form provided by the Director. The Director may 
waive any requirement of this paragraph if the Director has access to 
substantially identical information.
    (1) Basic application information. All applicants shall provide the 
following information:
    (i) Facility information. Name, mailing address, and location of 
the facility for which the application is submitted;
    (ii) Applicant information. Name, mailing address, and telephone 
number of the applicant, and indication as to whether the applicant is 
the facility's owner, operator, or both;
    (iii) Existing environmental permits. Identification of all 
environmental permits or construction approvals received or applied for 
(including dates) under any of the following programs:
    (A) Hazardous Waste Management program under the Resource 
Conservation and Recovery Act (RCRA), subpart C of this part;
    (B) UIC program under the Safe Drinking Water Act (SDWA); 
    
[[Page 62578]]

    (C) NPDES program under Clean Water Act (CWA);
    (D) Prevention of Significant Deterioration (PSD) program under the 
Clean Air Act;
    (E) Nonattainment program under the Clean Air Act;
    (F) National Emission Standards for Hazardous Pollutants (NESHAPS) 
preconstruction approval under the Clean Air Act;
    (G) Ocean dumping permits under the Marine Protection Research and 
Sanctuaries Act;
    (H) Dredge or fill permits under section 404 of the CWA; and
    (I) Other relevant environmental permits, including State permits;
    (iv) Population. The name and population of each municipal entity 
served by the facility, including unincorporated connector districts;
    (v) Flow rate. The facility's design flow rate and annual average 
daily flow rate for each of the previous 3 years;
    (vi) Collection system. Identify type(s) of collection system(s) 
used by the treatment works (i.e., separate sanitary sewers or combined 
storm and sanitary sewers) and an estimate of the percent of sewer line 
that each type comprises;
    (vii) Inflow and infiltration. The current average daily flow rate 
volume of inflow and infiltration, in gallons per day, and steps the 
facility is taking to minimize inflow and infiltration;
    (viii) Topographic map. A topographic map (or other map if a 
topographic map is unavailable) extending at least one mile beyond 
property boundaries of the treatment plant, including all unit 
processes, and showing:
    (A) Treatment plant area and unit processes;
    (B) The pipes or other structures through which wastewater enters 
the treatment plant and the pipes or other structures through which 
treated wastewater is discharged from the treatment plant. Include 
outfalls from bypass piping, if applicable;
    (C) Each well where fluids from the treatment plant are injected 
underground;
    (D) Wells, springs, other surface water bodies, and drinking water 
wells listed in public records or otherwise known to the applicant 
within the map area;
    (E) Sewage sludge management facilities (including on-site 
treatment, storage, and disposal sites) within the property boundaries; 
and
    (F) Location at which waste classified as hazardous under RCRA 
enters the treatment plant by truck, rail, or dedicated pipe;
    (ix) Process flow diagram or schematic.
    (A) A diagram showing the processes of the treatment plant, 
including all bypass piping. This includes a water balance showing all 
treatment units, including disinfection, and showing daily average flow 
rates at influent and discharge points, and approximate daily flow 
rates between treatment units; and
    (B) A narrative description of the diagram;
    (x) Bypasses. The following information for each outfall that is a 
discharge from a bypass point:
    (A) The actual or approximate number of wet-weather and dry-weather 
bypass incidents in the twelve months prior to the date of the permit 
application;
    (B) The actual or approximate duration of each wet-weather or dry-
weather bypass incident;
    (C) The actual or approximate volume, in millions of gallons, of 
each wet-weather or dry-weather bypass incident; and
    (D) The reason(s) why such bypasses occurred;
    (xi) Outfalls and other discharge or disposal methods. The 
following information for outfalls to waters of the United States and 
other discharge or disposal methods:
    (A) For effluent discharges to waters of the United States, the 
total number and types of outfalls (e.g, treated effluent, CSOs) to 
surface water;
    (B) For wastewater discharged to surface impoundments:
    (1) The location of each surface impoundment;
    (2) The annual average daily volume discharged to each surface 
impoundment; and
    (3) Whether the discharge is continuous or intermittent;
    (C) For wastewater applied to the land:
    (1) The location of each land application site;
    (2) The size of each land application site, in acres;
    (3) The annual average daily volume applied to each land 
application site, in gallons per day; and
    (4) Whether land application is continuous or intermittent;
    (D) For wastewater discharged to another facility:
    (1) The means by which the discharge is transported;
    (2) The name, mailing address, contact person, and phone number of 
the organization transporting the discharge, if the transport is 
provided by a party other than the applicant;
    (3) The name, mailing address, contact person, phone number, and 
NPDES permit number (if any) of the receiving facility; and
    (4) The average daily flow rate from this facility into the 
receiving facility, in millions of gallons per day; and
    (E) For wastewater disposed of in a manner not included in 
paragraphs (j)(1)(ix) (A) through (D) of this section (e.g., 
underground percolation, underground injection):
    (1) A description of the disposal method, including the location 
and size of each disposal site, if applicable;
    (2) The annual average daily volume disposed of by this method, in 
gallons per day; and
    (3) Whether disposal through this method is continuous or 
intermittent;
    (xii) Federal Indian reservations. Information concerning whether 
the facility is located on a Federal Indian Reservation or whether the 
facility discharges to a receiving stream that flows through a Federal 
Indian Reservation; and
    (xiii) Scheduled improvements, schedules of implementation. The 
following information regarding scheduled improvements:
    (A) The outfall number of each outfall affected;
    (B) A narrative description of each required improvement;
    (C) Scheduled or actual dates of completion for the following:
    (1) Commencement of construction;
    (2) Completion of construction;
    (3) Commencement of discharge; and
    (4) Attainment of operational level; and
    (D) A description of permits and clearances concerning other 
Federal and/or State requirements;
    (2) Information on effluent discharges. Each applicant must provide 
the following information for each outfall, including bypass points, 
through which effluent is discharged, as applicable:
    (i) Description of outfall. The following information about each 
outfall:
    (A) Outfall number;
    (B) State, county, and city or town in which outfall is located;
    (C) Latitude and longitude, to the nearest second;
    (D) Distance from shore and depth below surface;
    (E) Average daily flow rate, in million gallons per day;
    (F) The following information for each outfall with a seasonal or 
periodic discharge:
    (1) Number of times per year the discharge occurs;
    (2) Duration of each discharge;
    (3) Flow of each discharge; and
    (4) Months in which discharge occurs; and
    (G) Whether the outfall is equipped with a diffuser and the type 
(e.g., high-rate) of diffuser used; 

[[Page 62579]]

    (ii) Description of receiving waters. The following information (if 
known) for each outfall through which effluent is discharged to waters 
of the United States:
    (A) Type (e.g., stream, river, lake, estuary, ocean) and name of 
receiving water;
    (B) Name of watershed/river/stream system and United States Soil 
Conservation Service 14-digit watershed code;
    (C) Name of State Management/River Basin and United States 
Geological Survey 8-digit hydrologic cataloging unit code; and
    (D) Critical flow of receiving stream and total hardness of 
receiving stream at critical low flow (if applicable); and
    (iii) Description of treatment. The following information 
describing the treatment provided for discharges from each outfall to 
waters of the United States:
    (A) The highest level of treatment (e.g., primary, equivalent to 
secondary, secondary, advanced, other) that is provided for the 
discharge for each outfall and:
    (1) Design biochemical oxygen demand (BOD5 or CBOD5) 
removal (percent);
    (2) Design suspended solids (SS) removal (percent); and, where 
applicable;
    (3) Design phosphorus (P) removal (percent);
    (4) Design nitrogen (N) removal (percent); and
    (5) Any other removals that an advanced treatment system is 
designed to achieve.
    (B) A description of the type of disinfection used, and whether the 
treatment plant dechlorinates (if disinfection is accomplished through 
chlorination);
    (3) Effluent monitoring for specific parameters. (i) As provided in 
paragraphs (j)(3) (ii) through (x) of this section all applicants shall 
submit to the Director effluent monitoring information for samples 
taken from each outfall through which effluent is discharged to waters 
of the United States, except for CSOs. The Director may allow 
applicants to submit sampling data for only one outfall on a case-by-
case basis, where the applicant has two or more outfalls with 
substantially identical effluent;
    (ii) All applicants must sample and analyze for the pollutants 
listed in Appendix J of this part, Table 1;
    (iii) The following applicants must sample and analyze for the 
pollutants listed in Appendix J of this part, Table 2, and for any 
other pollutants for which the State or EPA have established water 
quality standards applicable to the receiving waters:
    (A) All POTWs with a design influent flow rate equal to or greater 
than one million gallons per day;
    (B) All POTWs with approved pretreatment programs or POTWs required 
to develop a pretreatment program; and
    (C) Other POTWs, as required by the Director;
    (iv) Unless otherwise required by the Director, applicants are not 
required to sample for the pollutants listed in Appendix J of this 
part, Table 3;
    (v) The Director should require sampling for additional pollutants, 
as appropriate, on a case-by-case basis;
    (vi) Applicants must provide data from a minimum of three samples 
taken within three years prior to the date of the permit application. 
Samples must be representative of the discharge from each outfall, and 
at least two samples should be at least four months, but no more than 
eight months apart. Existing data may be used, if available, in lieu of 
sampling done solely for the purpose of this application. The Director 
should require additional samples, as appropriate, on a case-by-case 
basis;
    (vii) All existing data for pollutants specified in paragraphs 
(j)(3) (ii) through (v) of this section that is collected within three 
years of the application must be included with the pollutant data 
submitted by the applicant. If, however, the applicant samples for a 
specific pollutant on a monthly or more frequent basis, it is only 
necessary, for such pollutant, to provide all data collected within one 
year of the application;
    (viii) Applicants must collect samples of effluent and analyze such 
samples for pollutants in accordance with analytical methods approved 
under 40 CFR part 136 unless an alternative is specified in the 
existing NPDES permit. When no analytical method is approved, 
applicants may use any suitable method and must provide a description 
of the method. Grab samples must be used for pH, temperature, cyanide, 
total phenols, residual chlorine, oil and grease, fecal coliform, E. 
coli, and enterococci. For all other pollutants, 24-hour flow-weighted 
composite samples must be used. For a flow-weighted composite sample, 
only one analysis of the composite of aliquots is required. A single 
grab sample may be taken for effluent from holding ponds or other 
impoundments, so long as they have a retention time of greater than 24 
hours;
    (ix) The effluent monitoring data provided must include at least 
the following information for each parameter:
    (A) Maximum daily discharge, expressed as concentration or mass, 
based upon actual sample values;
    (B) Average daily discharge for all samples, expressed as 
concentration or mass, based upon actual sample values, and the number 
of samples used to obtain this value;
    (C) The analytical method used; and
    (D) The threshold level (i.e., method detection limit, minimum 
level, or other designated method endpoints) for the analytical method 
used; and
    (x) Unless otherwise required by the Director, metals must be 
reported as total recoverable;
    (4) Effluent monitoring for whole effluent toxicity. (i) All 
applicants shall provide an identification of any biological toxicity 
tests that the applicant knows or has reason to believe have been made 
during the three years prior to the date of the application on any of 
the applicant's discharges or on a receiving water in relation to a 
discharge.
    (ii) As provided in paragraphs (j)(4) (iii) through (ix) of this 
section, the following applicants shall submit to the Director the 
results of valid whole effluent biological toxicity tests for acute or 
chronic toxicity for samples taken from each outfall through which 
effluent is discharged to surface waters, except for combined sewer 
overflows:
    (A) All POTWs with design influent flow rate equal to or greater 
than one million gallons per day;
    (B) All POTWs with approved pretreatment programs or POTWs required 
to develop a pretreatment program; and
    (C) Other POTWs, as required by the Director, based on 
consideration of the following factors:
    (1) The variability of the pollutants or pollutant parameters in 
the POTW effluent (based on chemical-specific information, the type of 
treatment plant, and types of industrial contributors);
    (2) The ratio of effluent flow to receiving stream flow;
    (3) Existing controls on point or non-point sources, including 
total maximum daily load calculations for the receiving stream segment 
and the relative contribution of the POTW;
    (4) Receiving stream characteristics, including possible or known 
water quality impairment, and whether the POTW discharges to a coastal 
water, one of the Great Lakes, or a water designated as an outstanding 
natural resource water; or
    (5) Other considerations (including, but not limited to, the 
history of toxic impacts and compliance problems at the POTW) that the 
Director determines 

[[Page 62580]]
could cause or contribute to adverse water quality impacts.
    (iii) Where the POTW has two or more outfalls with substantially 
identical effluent discharging to the same receiving stream segment, 
the Director may allow applicants to submit whole effluent toxicity 
data for only one outfall on a case-by-case basis.
    (iv) Each applicant required to perform whole effluent biological 
toxicity testing pursuant to paragraph (j)(4)(ii) of this section shall 
provide the results of a minimum of four quarterly tests for a year. 
Applicants shall conduct tests with multiple species (no less than two 
species; e.g., fish, invertebrate, plant), and test for acute or 
chronic toxicity, depending on the range of receiving water dilution. 
It is recommended that applicants conduct acute or chronic testing 
based on the following dilutions:
    (A) Acute toxicity testing if the dilution of the effluent is 
greater than 1000:1 at the edge of the mixing zone;
    (B) Acute or chronic toxicity testing if the dilution of the 
effluent is between 100:1 and 1000:1 at the edge of the mixing zone. 
Acute testing may be more appropriate at the higher end of this range 
(1000:1), and chronic testing may be more appropriate at the lower end 
of this range (100:1); and
    (C) Chronic testing if the dilution of the effluent is less than 
100:1 at the edge of the mixing zone.
    (v) Each applicant required to perform whole effluent biological 
toxicity testing pursuant to paragraph (j)(4)(ii) of this section shall 
provide the number of chronic or acute whole effluent toxicity tests 
that have been conducted since the last permit reissuance.
    (vi) Provide the results using the form provided by the Director, 
or test summaries if available and comprehensive, for each whole 
effluent toxicity test conducted pursuant to paragraph (j)(4)(ii) of 
this section for which such information has not been reported 
previously to the Director.
    (vii) Whole effluent toxicity testing conducted pursuant to 
paragraph (j)(4)(ii) of this section shall be conducted using methods 
approved under 40 CFR part 136.
    (viii) For biomonitoring data submitted to the Director within 
three years prior to the date of the application, applicants must 
provide the dates on which the data were submitted and a summary of the 
results.
    (ix) Each POTW required to perform whole effluent biological 
testing pursuant to paragraph (j)(4)(ii) of this section must provide 
any information on the cause of toxicity and written details of any 
toxicity reduction evaluation conducted, if any whole effluent toxicity 
test conducted within the past three years revealed toxicity.
    (5) Industrial discharges and pretreatment. Applicants must submit 
the information in paragraphs (j)(5)(i) through (iii) of this section, 
as applicable, regarding industrial user discharges to the POTW.
    (i) General information. General information on industrial users.
    (A) Number of significant industrial users (SIUs) and categorical 
industrial users (CIUs) discharging to the POTW;
    (B) Total average daily flow rate from all industrial (non-
domestic) users, from SIUs, and from all CIUs discharging to the POTW; 
and
    (C) Estimated percent of total influent contributed by all 
industrial (non-domestic) users, by SIUs only, by CIUs only, and by 
domestic sources discharging to the POTW.
    (ii) Pretreatment program and local limits. POTWs with an approved 
pretreatment program under 40 CFR part 403 shall provide information 
concerning pretreatment program modifications that are required to be 
submitted but have not been approved in accordance with 40 CFR 403.18.
    (iii) Significant industrial users. POTWs with one or more 
significant industrial users (SIUs) shall provide the following 
information for each SIU, as defined at 40 CFR 403.3(t), that 
discharges to the POTW:
    (A) Name and mailing address;
    (B) Description of all industrial processes that affect or 
contribute to the SIU's discharge;
    (C) Principal products and raw materials of the SIU;
    (D) Average daily volume of wastewater discharged, indicating the 
amount attributable to process flow and non-process flow;
    (E) Whether the SIU is subject to local limits;
    (F) Whether the SIU is subject to categorical standards, and if so, 
under which category(ies) and subcategory(ies); and
    (G) Whether any problems at the POTW (e.g., upsets, pass through, 
interference) have been attributed to the SIU in the past three years;
    (6) Discharges from hazardous waste generators and from waste 
cleanup or remediation sites. POTWs receiving RCRA, CERCLA, or RCRA 
Corrective Action wastes or wastes generated at another type of cleanup 
or remediation site must provide the following information:
    (i) RCRA hazardous waste. If the POTW receives by truck, rail, or 
dedicated pipe any wastes that are regulated as RCRA hazardous wastes 
pursuant to 40 CFR part 261, or authorized State, or if it is expected 
to receive such wastes during the life of the permit, the applicant 
must report the following:
    (A) The method by which the waste is received (i.e., whether by 
truck, rail, or dedicated pipe); and
    (B) The hazardous waste number and amount received annually of each 
hazardous waste;
    (ii) CERCLA wastewaters. If the POTW receives wastewaters that 
originate from response activities undertaken pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA), or if it is expected to receive such wastewaters during the 
life of the permit, the applicant must report the following:
    (A) The identity and description of the site(s) at which the 
wastewater originates or is expected to originate;
    (B) The identities of the hazardous constituents in the wastewater; 
and
    (C) The extent of treatment, if any, the wastewater receives or 
will receive before entering the POTW;
    (iii) RCRA corrective action wastewaters. If the POTW receives 
wastewaters that originate from remedial activities undertaken pursuant 
to sections 3004(u) or 3008(h) of RCRA, or authorized State, or if it 
is expected to receive such wastewaters during the life of the permit, 
the applicant must report the following:
    (A) The identity and description of the facility(ies) at which the 
wastewater originates or is expected to originate;
    (B) The identities of the hazardous constituents in the wastewater; 
and
    (C) The extent of treatment, if any, the wastewater receives or 
will receive before entering the POTW; and
    (iv) Wastewaters from other remedial activities. If the POTW 
receives wastewaters that originate from remedial activities other than 
those in paragraphs (j)(6) (ii) and (iii) of this section, the 
applicant shall provide a written description that includes the 
following information:
    (A) The identity and description of the facility(ies) at which the 
wastewater originates or is expected to originate;
    (B) The identities of the hazardous constituents in the wastewater; 
and
    (C) The extent of treatment, if any, the wastewater receives or 
will receive before entering the POTW;
    (7) Combined sewer overflows. Each applicant with combined sewer 
systems shall provide the following information:
    (i) Combined sewer system information. The following information 
regarding the combined sewer system:
    (A) CSO discharge points. The number of combined sewer overflow 

[[Page 62581]]
    (CSO) discharge points in the combined sewer system to be covered by 
the application;
    (B) System map. A map indicating the location of the following:
    (1) All CSO discharge points;
    (2) Sensitive use areas potentially affected by CSOs (e.g., 
beaches, drinking water supplies, shellfish beds, sensitive aquatic 
ecosystems, and outstanding natural resource waters); and
    (3) Waters supporting threatened and endangered species potentially 
affected by CSOs;
    (C) System diagram. A diagram of the combined sewer collection 
system that includes the following information:
    (1) The location of major sewer trunk lines, both combined and 
separate sanitary;
    (2) The locations of points where separate sanitary sewers feed 
into the combined sewer system;
    (3) In-line and off-line storage structures;
    (4) The locations of flow-regulating devices; and
    (5) The locations of pump stations; and
    (D) System evaluation. A list of studies, including modeling 
studies, hydraulic studies, past monitoring efforts, and facility 
plans, that have been performed on the collection system since the last 
permit application; and
    (ii) Information on CSO outfalls. The following information for 
each CSO discharge point covered by the permit application:
    (A) Description of outfall. The following information on each 
outfall:
    (1) Outfall number;
    (2) State, county, and city or town in which outfall is located;
    (3) Latitude and longitude, to the nearest second; and
    (4) Distance from shore and depth below surface;
    (B) Monitoring. Indicate if any of the following were monitored in 
the past year for this CSO and provide the results of this monitoring:
    (1) Rainfall;
    (2) CSO flow volume;
    (3) CSO water quality;
    (4) Receiving water quality; and
    (5) The number of storm events;
    (C) CSO incidents. The following information about CSO incidents:
    (1) The number of incidents in the past year;
    (2) The average duration per incident;
    (3) The average volume per CSO incident; and
    (4) The minimum rainfall that caused a CSO incident in the last 
year;
    (D) Description of receiving waters. The following information 
about receiving waters:
    (1) Name and type of receiving water (e.g., stream/river, lake/
pond, estuary, ocean);
    (2) Name of watershed/stream system and the United States Soil 
Conservation Service watershed (14-digit) code (if known); and
    (3) Name of State Management/River Basin and the United States 
Geological Survey hydrologic cataloging unit (8-digit) code (if known); 
and
    (E) CSO operations. The following information concerning CSO 
operations:
    (1) Whether the CSO includes contributions from significant 
industrial users; and
    (2) A description of any known water quality impacts on the 
receiving water caused by the CSO (e.g., permanent or intermittent 
beach closings, permanent or intermittent shellfish bed closings, fish 
kills, fish advisories, other recreational loss, or exceedance of any 
applicable State water quality standard);
    (8) Contractors. All applicants shall provide the name, mailing 
address, telephone number, and responsibilities of all contractors 
responsible for any operational or maintenance aspects of the facility; 
and
    (9) Signature. All applications shall be signed by a certifying 
official in compliance with Sec. 122.22.
* * * * *
    (q) Sewage sludge management. All treatment works treating domestic 
sewage, except ``sludge-only facilities'' subject to paragraph 
(c)(2)(iii) of this section, shall provide the information in this 
paragraph to the Director, using Form 2S or another form approved by 
the Director. The Director may waive any requirement of this paragraph 
if the Director has access to substantially identical information.
    (1) Facility information. All applicants shall submit the following 
information:
    (i) The name, mailing address, and location of the treatment works 
treating domestic sewage for which the application is submitted;
    (ii) The facility's latitude and longitude to the nearest second, 
and method of determination;
    (iii) Whether the facility is a Class I Sludge Management Facility;
    (iv) The design influent flow rate (in million gallons per day); 
and
    (v) The total population served;
    (2) Applicant information. All applicants shall submit the 
following information:
    (i) The name, mailing address, and telephone number of the 
applicant;
    (ii) Indication whether the applicant is the owner, operator, or 
both; and
    (iii) The applicant's status as Federal, State, private, public, or 
other entity;
    (3) Permit information. All applicants shall submit the facility's 
NPDES permit number, if applicable, and a listing of all other Federal, 
State, and local permits or construction approvals received or applied 
for under any of the following programs:
    (i) Hazardous Waste Management program under the Resource 
Conservation and Recovery Act (RCRA);
    (ii) UIC program under the Safe Drinking Water Act (SDWA);
    (iii) NPDES program under the Clean Water Act (CWA);
    (iv) Prevention of Significant Deterioration (PSD) program under 
the Clean Air Act;
    (v) Nonattainment program under the Clean Air Act;
    (vi) National Emission Standards for Hazardous Air Pollutants 
(NESHAPS) preconstruction approval under the Clean Air Act;
    (vii) Dredge or fill permits under section 404 of CWA; and
    (viii) Other relevant environmental permits, including State or 
local permits;
    (4) Federal Indian Reservations. All applicants shall identify any 
generation, treatment, storage, land application, or disposal of sewage 
sludge that occurs on Federal Indian Reservations;
    (5) Topographic map. All applicants shall submit a topographic map 
(or other map if a topographic map is unavailable) extending one mile 
beyond property boundaries of the facility and showing the following 
information:
    (i) All sewage sludge management facilities, including use and 
disposal sites;
    (ii) All water bodies; and
    (iii) Wells used for drinking water listed in public records or 
otherwise known to the applicant within 1/4 mile of the facility 
property boundaries;
    (6) Sewage sludge handling. All applicants shall submit a line 
drawing and/or a narrative description that identifies all sewage 
sludge management practices employed during the term of the permit, 
including all units used for collecting, dewatering, storing, or 
treating sewage sludge, the destination(s) of all liquids and solids 
leaving each such unit, and all processes used for pathogen reduction 
and vector attraction reduction;
    (7) Sewage sludge quality. (i) If the applicant is a ``Class I 
sludge management facility,'' the applicant shall submit the results of 
a toxicity characteristic leaching procedure (TCLP), as described in 40 
CFR part 261, conducted in the last five years to determine whether the 
sewage sludge is a hazardous waste.
    (ii) The applicant shall submit sewage sludge monitoring data for 
the 

[[Page 62582]]
parameters indicated in paragraphs (q)(7)(ii) (A) through (B) of this 
section. Monitoring data shall be two years old or less. The data for 
each parameter shall include the concentration in sewage sludge (mg/kg 
dry weight), the sample date(s), the analytical method, and the minimum 
detection level for the analysis.
    (A) ``Class I Sludge Management Facilities,'' as defined in 
Sec. 122.2, shall submit sewage sludge monitoring data for TKN, 
ammonia, nitrate, total phosphorus, the pollutants in Appendix J of 
this part, Tables 2 and 3, and any other parameters for which limits in 
sewage sludge have been established in 40 CFR part 503 on the date of 
permit application.
    (B) All other facilities required to apply under this section shall 
submit sewage sludge monitoring data for TKN, ammonia, nitrate, total 
phosphorus and those pollutants for which limits in sewage sludge have 
been established in 40 CFR part 503 on the date of permit application;
    (8) Preparation of sewage sludge. If the applicant is a ``person 
who prepares'' sewage sludge, as defined at 40 CFR 503.9(r), the 
applicant shall provide the following information:
    (i) If the applicant's facility generates sewage sludge, the total 
dry metric tons per 365-day period generated at the facility;
    (ii) If the applicant's facility receives sewage sludge from 
another facility, the following information for each facility from 
which sewage sludge is received:
    (A) The name, mailing address, and location of the other facility;
    (B) The total dry metric tons per 365-day period received from the 
other facility; and
    (C) A description of any treatment processes occurring at the other 
facility, including blending activities and treatment to reduce 
pathogens or vector attraction characteristics;
    (iii) If the applicant's facility changes the quality of sewage 
sludge through blending, treatment, or other activities, the following 
information:
    (A) Whether the Class A pathogen reduction requirements in 40 CFR 
503.32(a) or the Class B pathogen reduction requirements in 40 CFR 
503.32(b) are met, and a description of any treatment processes used to 
reduce pathogens in sewage sludge;
    (B) Whether any of the vector attraction reduction options of 40 
CFR 503.33(b)(1) through (b)(8) are met, and a description of any 
treatment processes used to reduce vector attraction properties in 
sewage sludge; and
    (C) A description of any other blending, treatment, or other 
activities that change the quality of sewage sludge;
    (iv) If sewage sludge from the applicant's facility meets the 
ceiling concentrations in 40 CFR 503.13(b)(1), the pollutant 
concentrations in 40 CFR 503.13(b)(3), the Class A pathogen 
requirements in 40 CFR 503.32(a), and one of the vector attraction 
reduction requirements in 40 CFR 503.33(b)(1) through (b)(8), and if 
the sewage sludge is applied to the land, the applicant shall provide 
the total dry metric tons per 365-day period of sewage sludge subject 
to this paragraph that is applied to the land;
    (v) If sewage sludge from the applicant's facility is sold or given 
away in a bag or other container for application to the land, and the 
sewage sludge is not subject to paragraph (q)(8)(iv) of this section, 
the applicant shall provide the following information:
    (A) The total dry metric tons per 365-day period of sewage sludge 
subject to this paragraph that is sold or given away in a bag or other 
container for application to the land; and
    (B) A copy of all labels or notices that accompany the sewage 
sludge being sold or given away;
    (vi) If sewage sludge from the applicant's facility is provided to 
another ``person who prepares,'' as defined at 40 CFR 503.9(r), and the 
sewage sludge is not subject to paragraph (q)(8)(iv) of this section, 
the applicant shall provide the following information for each facility 
receiving the sewage sludge:
    (A) The name and mailing address of the receiving facility;
    (B) The total dry metric tons per 365-day period of sewage sludge 
subject to this paragraph that the applicant provides to the receiving 
facility;
    (C) A description of any treatment processes occurring at the 
receiving facility, including blending activities and treatment to 
reduce pathogens or vector attraction characteristic;
    (D) A copy of the notice and necessary information that the 
applicant is required to provide the receiving facility under 40 CFR 
503.12(g); and
    (E) If the receiving facility places sewage sludge in bags or 
containers for sale or give-away to application to the land, a copy of 
any labels or notices that accompany the sewage sludge;
    (9) Land application of bulk sewage sludge. If sewage sludge from 
the applicant's facility is applied to the land in bulk form, and is 
not subject to Sec. 122.21(q)(8)(iv), (v), or (vi), the applicant shall 
provide the following information:
    (i) The total dry metric tons per 365-day period of sewage sludge 
subject to this paragraph (q)(9) that is applied to the land;
    (ii) If any land application sites are located in States other than 
the State where the sewage sludge is prepared, a description of how the 
applicant will notify the permitting authority for the State(s) where 
the land application sites are located;
    (iii) The following information for each land application site that 
has been identified at the time of permit application:
    (A) The name (if any), and location for the land application site;
    (B) The name, mailing address, and telephone number of the site 
owner, if different from the applicant;
    (C) The name, mailing address, and telephone number of the person 
who applies sewage sludge to the site, if different from the applicant;
    (D) Whether the site is agricultural land, forest, a public contact 
site, or a reclamation site, as such site types are defined under 40 
CFR 503.11;
    (E) The type of vegetation grown on the site, if known, and the 
nitrogen requirement for this vegetation;
    (F) Whether either of the vector attraction reduction options of 40 
CFR 503.33(b)(9) or (b)(10) is met at the site, and a description of 
any procedures employed at the time of use to reduce vector attraction 
properties in sewage sludge; and
    (G) Any available ground-water monitoring data, with a description 
of the well locations and approximate depth to ground water, for the 
land application site;
    (iv) The following information for each land application site that 
has been identified at the time of permit application, if the applicant 
intends to apply bulk sewage sludge subject to the cumulative pollutant 
loading rates in 40 CFR 503.13(b)(2) to the site:
    (A) Whether the applicant has contacted the permitting authority in 
the State where the bulk sewage sludge subject to 40 CFR 503.13(b)(2) 
will be applied, to ascertain whether bulk sewage sludge subject to 40 
CFR 503.13(b)(2) has been applied to the site on or since July 20, 
1993, and if so, the name of the permitting authority and the name and 
phone number of a contact person at the permitting authority;
    (B) Identification of facilities other than the applicant's 
facility that have sent, or are sending, sewage sludge subject to the 
cumulative pollutant loading rates in 40 CFR 503.13(b)(2) to the site 
since July 20, 1993, if, based on the inquiry in paragraph 
(q)(9)(iv)(A) of this section, bulk sewage sludge subject to cumulative 
pollutant loading rates in 

[[Page 62583]]
40 CFR 503.13(b)(2) has been applied to the site since July 20, 1993;
    (v) If not all land application sites have been identified at the 
time of permit application, the applicant shall submit a land 
application plan that, at a minimum:
    (A) Describes the geographical area covered by the plan;
    (B) Identifies the site selection criteria;
    (C) Describes how the site(s) will be managed;
    (D) Provides for advance notice to the permit authority of specific 
land application sites and reasonable time for the permit authority to 
object prior to land application of the sewage sludge; and
    (E) Provides for advance public notice as required by State and 
local law, but in all cases requires notice to landowners and occupants 
adjacent to or abutting the proposed land application site;
    (10) Surface disposal. If sewage sludge from the applicant's 
facility is placed on a surface disposal site, the applicant shall 
provide the following information:
    (i) The total dry metric tons of sewage sludge from the applicant's 
facility that is placed on surface disposal sites per 365-day period;
    (ii) The following information for each surface disposal site 
receiving sewage sludge from the applicant's facility that the 
applicant does not own or operate:
    (A) The site name or number, contact person, mailing address, and 
telephone number for the surface disposal site; and
    (B) The total dry metric tons from the applicant's facility per 
365-day period placed on the surface disposal site; and
    (iii) The following information for each active sewage sludge unit 
at each surface disposal site that the applicant owns or operates:
    (A) The name or number and the location of the active sewage sludge 
unit;
    (B) The total dry metric tons placed on the active sewage sludge 
unit per 365-day period;
    (C) The total dry metric tons placed on the active sewage sludge 
unit over the life of the unit;
    (D) A description of any liner for the active sewage sludge unit, 
including whether it has a maximum permeability of 1 x 10-7 cm/
sec;
    (E) A description of any leachate collection system for the active 
sewage sludge unit, including the method used for leachate disposal, 
and any Federal, State, and local permit number(s) for leachate 
disposal;
    (F) If the active sewage sludge unit is less than 150 meters from 
the property line of the surface disposal site, the actual distance 
from the unit boundary to the site property line;
    (G) The remaining capacity (dry metric tons) for the active sewage 
sludge unit;
    (H) The date on which the active sewage sludge unit is expected to 
close, if such a date has been identified;
    (I) The following information for any other facility that sends 
sewage sludge to the active sewage sludge unit:
    (1) The name, contact person, and mailing address of the facility; 
and
    (2) Available information regarding the quality of the sewage 
sludge received from the facility, including any treatment at the 
facility to reduce pathogens or vector attraction characteristics;
    (J) Whether any of the vector attraction reduction options of 40 
CFR 503.33(b)(9) through (b)(11) is met at the active sewage sludge 
unit, and a description of any procedures employed at the time of 
disposal to reduce vector attraction properties in sewage sludge;
    (K) The following information, as applicable to any ground-water 
monitoring occurring at the active sewage sludge unit:
    (1) A description of any ground-water monitoring occurring at the 
active sewage sludge unit;
    (2) Any available ground-water monitoring data, with a description 
of the well locations and approximate depth to ground water;
    (3) A copy of any ground-water monitoring plan that has been 
prepared for the active sewage sludge unit; and
    (4) A copy of any certification that has been obtained from a 
qualified ground-water scientist that the aquifer has not been 
contaminated; and
    (L) If site-specific pollutant limits are being sought for the 
sewage sludge placed on this active sewage sludge unit, information to 
support such a request;
    (11) Incineration. If sewage sludge from the applicant's facility 
is fired in a sewage sludge incinerator, the applicant shall provide 
the following information:
    (i) The total dry metric tons of sewage sludge from the applicant's 
facility that is fired in sewage sludge incinerators per 365-day 
period;
    (ii) The following information for each sewage sludge incinerator 
firing the applicant's sewage sludge that the applicant does not own or 
operate:
    (A) The name and/or number, contact person, mailing address, and 
telephone number of the sewage sludge incinerator; and
    (B) The total dry metric tons from the applicants facility per 365-
day period fired in the sewage sludge incinerator;
    (iii) The following information for each sewage sludge incinerator 
that the applicant owns or operates:
    (A) The name and/or number and the location of the sewage sludge 
incinerator;
    (B) The total dry metric tons per 365-day period fired in the 
sewage sludge incinerator;
    (C) Information, test data, and documentation of ongoing operating 
parameters indicating that compliance with the National Emission 
Standard for Beryllium in 40 CFR part 61 will be achieved;
    (D) Information, test data, and documentation of ongoing operating 
parameters indicating that compliance with the National Emission 
Standard for Mercury in 40 CFR part 61 will be achieved;
    (E) The dispersion factor for the sewage sludge incinerator, as 
well as modeling results and supporting documentation;
    (F) The control efficiency for parameters regulated in 40 CFR 
503.43, as well as performance test results and supporting 
documentation;
    (G) Information used to calculate the risk specific concentration 
(RSC) for chromium, including the results of incinerator stack tests 
for hexavalent and total chromium concentrations, if the applicant is 
requesting a chromium limit based on a site-specific RSC value;
    (H) The concentration (ppm) of total hydrocarbons (THC) or Carbon 
Monoxide (CO) in the exit gas for the sewage sludge incinerator, as 
well as supporting documentation, both before and after correction for 
zero percent moisture and correction to seven percent oxygen as 
required in 40 CFR 503.44;
    (I) The oxygen concentration in the sewage sludge incinerator stack 
exit gas;
    (J) Information used to determine the moisture content of the 
sewage sludge incinerator stack exit gas;
    (K) The type of sewage sludge incinerator;
    (L) The combustion temperature, as obtained during the performance 
test of the sewage sludge incinerator to determine pollutant control 
efficiencies;
    (M) The following information on sewage sludge feed rate:
    (1) Sewage sludge feed rate in dry metric tons per day;
    (2) Identification of whether the feed rate submitted is average 
use or maximum design; and
    (3) A description of how the feed rate was calculated;
    (N) The incinerator stack height in meters for each stack, 
including identification of whether actual or creditable stack height 
was used; 

[[Page 62584]]

    (O) The operating parameters for the sewage sludge incinerator air 
pollution control device(s), as obtained during the performance test of 
the sewage sludge incinerator to determine pollutant control 
efficiencies;
    (P) Identification of the monitoring equipment in place, including 
(but not limited to) equipment to monitor the following:
    (1) Total hydrocarbons or Carbon Monoxide;
    (2) Percent oxygen;
    (3) Percent moisture; and
    (4) Combustion temperature; and
    (Q) A list of all air pollution control equipment used with this 
sewage sludge incinerator;
    (12) Disposal in a municipal solid waste landfill. If sewage sludge 
from the applicant's facility is sent to a municipal solid waste 
landfill (MSWLF), the applicant shall provide the following information 
for each MSWLF to which sewage sludge is sent:
    (i) The name, contact person, mailing address, location, and all 
applicable permit numbers of the MSWLF;
    (ii) The total dry metric tons per 365-day period sent from this 
facility to the MSWLF;
    (iii) A determination of whether the sewage sludge meets applicable 
requirements for disposal of sewage sludge in a MSWLF, including the 
results of the paint filter liquids test and any additional 
requirements that apply on a site-specific basis; and
    (iv) Information, if known, indicating whether the MSWLF complies 
with criteria set forth in 40 CFR Part 258;
    (13) Contractors. All applicants shall provide the name, mailing 
address, telephone number, and responsibilities of all contractors 
responsible for any operational or maintenance aspects of the facility;
    (14) Other information. At the request of the permitting authority, 
the applicant shall provide any other information necessary to 
determine the appropriate standards for permitting under 40 CFR part 
503, and shall provide any other information necessary to assess the 
sewage sludge use and disposal practices, determine whether to issue a 
permit, or identify appropriate permit requirements; and
    (15) Signature. All applications shall be signed by a certifying 
official in compliance with Sec. 122.22.
    7. Part 122 is amended by adding Appendix J to read as follows:

Appendix J to Part 122--NPDES Permit Testing Requirements for Publicly 
Owned Treatment Works (Sec. 122.21(j)) and Treatment Works Treating 
Domestic Sewage (Sec. 122.21(q))

Table 1--Effluent Parameters for All POTWS

Ammonia (as N)
Biochemical oxygen demand (BOD-5 or CBOD-5)
Chlorine (total residual, TRC)
Dissolved oxygen
E. Coli
Enterococci
Fecal coliform
Flow Rate
Hardness (as CaCO3)
Kjeldahl nitrogen
Nitrate/Nitrite
Oil and grease
pH
Phosphorus
Temperature
Total dissolved solids
Total suspended solids

Table 2--Effluent and Sewage Sludge Parameters for Selected POTWS and 
Treatment Works Treating Domestic Sewage

Metals (Total Recoverable), Cyanide and Total Phenols

Antimony
    7440-36-0
Arsenic
    7440-38-2
Beryllium
    7440-41-7
Cadmium
    7440-43-9
Chromium
    7440-47-3
Copper
    7440-50-8
Lead
    7439-92-1
Mercury
    7439-97-6
Nickel
    7440-02-0
Selenium
    7782-49-2
Silver
    7440-22-4
Thallium
    7440-28-0
Zinc
    7440-66-6
Cyanide
    57-12-5
Phenols, total

Volatile Organic Compounds

Acrolein
    107-02-8
Acrylonitrile
    107-13-1
Benzene
    271-43-2
Bromoform
    75-25-2
Carbon tetrachloride
    56-23-5
Chlorobenzene
    108-90-7
Chlorodibromomethane
    124-48-1
Chloroethane
    75-00-3
2-chloroethylvinyl ether
    110-75-8
Chloroform
    67-66-3
Dichlorobromomethane
    75-27-4
1,1-dichloroethane
    75-34-3
1,2-dichloroethane
    107-06-2
Trans-1,2-dichloroethylene
    156-60-5
1,1- dichloroethylene
    75-35-4
1,2-dichloropropane
    78-87-5
1,3-dichloropropene
    542-75-6
Ethylbenzene
    100-41-4
Methyl bromide
    74-83-9
Methyl chloride
    74-87-3
Methylene chloride
    75-09-2
1,1,2,2-tetrachloroethane
    630-20-6
Tetrachloroethylene
    127-18-4
Toluene
    108-88-3
1,1,1-trichloroethane
    71-55-6
1,1,2-trichloroethane
    79-00-5
Trichloroethylene
    79-01-6
Vinyl chloride
    75-01-4

Acid-extractable compounds

P-chloro-m-cresol
    59-50-7
2-chlorophenol
    95-57-8
2,4-dichlorophenol
    120-83-2
222,4-dimethylphenol
    105-67-9
4,6-dinitro-o-cresol
    534-52-1
2,4-dinitrophenol
    51-28-5
2-nitrophenol
    887-5-5
4-nitrophenol
    100-02-7
Pentachlorophenol
    87-86-5
Phenol
    108-295-2
2,4,6-trichlorophenol
    88-06-2

Base-Neutral Compounds

Acenaphthene
    83-32-9
Acenaphthylene
    208-96-8
Anthracene 

[[Page 62585]]

    120-12-7
Benzidine
    92-87-5
Benzo(a)anthracene
    56-55-3
Benzo(a)pyrene
    50-32-8
3,4 benzofluoranthene
    205-99-2
Benzo(ghi)perylene
    191-24-2
Benzo(k)fluoranthene
    207-08-9
Bis (2-chloroethoxy) methane
    111-91-1
Bis (2-chloroethyl) ether
    111-44-4
Bis (2-chloroisopropyl ether
    108-60-1
Bis (2-ethylhexyl) phthalate
    117-81-7
4-bromophenyl phenyl ether
    101-55-3
Butyl benzyl phthalate
    85-68-7
2-chloronaphthalene
    91-58-7
4-chlorophenyl phenyl ether
    7005-72-3
Chrysene
    218-01-9
Di-n-butyl phthalate
    84-74-2
Di-n-octyl phthalate
    117-84-0
Dibenzo(a,h)anthracene
    53-70-3
1,2-dichlorobenzene
    95-50-1
1,3-dichlorobenzene
    541-73-1
1,4-dichlorobenzene
    106-46-7
3,3'-dichlorobenzidine
    91-94-1
Diethyl phthalate
    84-66-2
Dimethyl phthalate
    131-11-3
2,4-dinitrotoluene
    121-14-2
2,6-dinitrotoluene
    606-20-2
1,2-diphenylhydrazine
    122-66-7
Fluoranthene
    206-44-0
Fluorene
    86-73-7
Hexachlorobenzene
    118-74-1
Hexachlorobutadiene
    87-68-3
Hexachlorocyclopentadiene
    77-47-4
Hexachloroethane
    67-72-1
Indeno(1,2,3-cd)pyrene
    193-39-5
Isophorone
    78-59-1
Naphthalene
    91-20-3
Nitrobenzene
    98-95-3
N-nitrosodi n-propylamine
    621-64-7
N-nitrosodimethylamine
    62-75-9
N-nitrosodiphenylamine
    86-30-6
Phenanthrene
    85-01-8
Pyrene
    129-00-0
1,2,4,-trichlorobenzene
    120-82-1

Table 3--Other Effluent and Sewage Sludge Parameters for Treatment 
Works Treating Domestic Sewage and Selected POTWS

Metals

Molybdenum
    7439-98-7

Pesticides

Aldrin
    309-00-2
Alpha-BHC
    319-84-6
Beta-BHC
    319-85-7
Delta-BHC
    319-86-8
Gamma-BHC
    58-89-9
Chlordane
    57-74-9
4,4'-DDD
    72-54-8
4,4'-DDE
    72-55-9
4,4'-DDT
    50-29-3
Dieldrin
    60-57-1
Alpha-endosulfan
    959-98-8
Beta-endosulfan
    33213-65-9
Endosulfan sulfate
    1031-07-8
Endrin
    72-20-8
Endrin aldehyde
    7421-93-4
Heptachlor
    76-44-8
Heptachlor epoxide
    1024-57-3
PCB-1016 (Aroclor 1016)
    12674-11-2
PCB-1221 (Aroclor 1221)
    11104-28-2
PCB-1232 (Aroclor 1232)
    11141-16-5
PCB-1242 (Aroclor 1242)
    53469-21-9
PCB-1248 (Aroclor 1248)
    12672-29-6
PCB-1254 (Aroclor 1254)
    11097-69-1
PCB-1260 (Aroclor 1260)
    11096-82-5
Toxaphene
    8001-35-2

Other

2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD)
    1746-01-6

PART 123--STATE PROGRAM REQUIREMENTS

    8a. The authority citation for part 123 continues to read as 
follows:

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    8b. Section 123.25 is amended by revising paragraph (a)(4) to read 
as follows:


Sec. 123.25  Requirements for permitting.

    (a) * * *
    (4) Sections 122.21(a), (b), (c)(2), (e) through (k), (m) through 
(p), and (q)--(Application for a permit);
* * * * *

PART 403--GENERAL PRETREATMENT REGULATIONS FOR EXISTING AND NEW 
SOURCES OF POLLUTION

    9. The authority citation for part 403 continues to read as 
follows:

    Authority: Sec. 54(c)(2) of the Clean Water Act of 1977, (Pub. 
L. 95-217) sections 204(b)(1)(C), 208(b)(2)(C)(iii), 
301(b)(1)(A)(ii), 301(b)(2)(C), 301(h)(5), 301(i)(2), 304(e), 
304(g), 307, 308, 309, 402(b), 405, and 501(a) of the Federal Water 
Pollution Control Act (Pub. L. 92-500) as amended by the Clean Water 
Act of 1977 and the Water Quality Act of 1987 (Pub. L. 100-4).

    10. Section 403.8 is amended by revising paragraph (f)(4) to read 
as follows:


Sec. 403.8  Pretreatment Program Requirements: Development and 
Implementation by POTW.

* * * * *
    (f) * * *
    (4) The POTW shall:
    (i) Develop local limits as required in Sec. 403.5(c)(1), or 
demonstrate that they are not necessary; and
    (ii) Following permit issuance or reissuance, provide a written 
technical evaluation of the need to revise local limits under 40 CFR 
403.5(c)(1).
* * * * *

PART 501--STATE SLUDGE MANAGEMENT PROGRAM REGULATIONS

    11. The authority citation for part 501 continues to read as 
follows:

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    12. Section 501.15 is amended by removing the reference 
``Sec. 501.15(a)(2)(ix)'' in paragraphs (d)(4) introductory text, 
(d)(4)(i)(C), and (d)(5)(ii)(B) and adding in its place 
``Sec. 122.21(q)(9)(v)'', and by revising paragraph (a)(2) to read as 
follows: 

[[Page 62586]]



Sec. 501.15  Requirements for permitting.

    (a) * * *
    (2) Information requirements. All treatment works treating domestic 
sewage shall submit to the Director the information listed at 40 CFR 
122.21 (q) within the time frames established in paragraph (d)(1)(ii) 
of this section.
* * * * *
    Note: The following form will not appear in the Code of Federal 
Regulations.

BILLING CODE 6560-50-P

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BILLING CODE 6560-50-C

[[Page 62611]]


Instructions For Completing Form 2A

Application For a NPDES Permit

Background Information

    Each wastewater treatment works that discharges treated effluent to 
waters of the United States must apply for a permit for its discharges. 
This permitting requirement is part of the National Pollutant Discharge 
Elimination System (NPDES) program, which is implemented by the U.S. 
Environmental Protection Agency (EPA). You can obtain a permit for your 
treatment works by filling out and sending in the appropriate form(s) 
to your permitting authority. If the State in which your treatment 
works is located operates its own NPDES program, then the State is your 
permitting authority and you should ask your State for permit 
application forms. On the other hand, if EPA operates the NPDES program 
in your State, then EPA is the permitting authority, and you must fill 
out and send in Form 2A.
    These instructions explain how to fill out each question in Form 
2A. Be sure to read the Application Overview section on the cover page 
of Form 2A before you start filling out the form. Not every applicant 
will have to fill out every section of Form 2A. The Application 
Overview section will help you determine which portions of Form 2A 
apply to your treatment works.
    EPA has developed Form 2A in a modular format, consisting of two 
packets: The Basic Application Information packet and the Supplemental 
Application Information packet. At a minimum, all applicants must 
complete the Basic Application Information packet, which contains 
questions 1-19. As directed by the Application Overview section on page 
1 of the form, certain applicants will also need to complete one or 
more parts of the Supplemental Application Information packet.

Commonly Asked Questions

What If I Need More Space for My Answer?

    Some questions on Form 2A require you to write out short answers. 
If you need more room for your answer than is provided on the form, 
attach a separate sheet called ``Additional Information.'' At the top 
of the separate sheet, put the name of your plant, your plant's NPDES 
permit number, and the number of the outfall that you are writing 
about. Also, next to your answer, put the question number (from Form 
2A). Provide this information on any drawings or other papers that you 
attach to your application as well.

Will the Public Be Able to See the Information I Submit?

    Any information you submit on Form 2A will be available to the 
public. If you send in more information than is requested on Form 2A 
that is considered company-privileged information, you may ask EPA to 
keep that extra information confidential. Note that you cannot ask EPA 
to keep effluent data confidential. If you want any of your plant's 
information to be confidential, tell EPA this when you submit your 
application. Otherwise, EPA may make the information public without 
letting you know in advance. For more information on claims of 
confidentiality, see EPA's business confidentiality regulations at 
Title 40, Part 2 of the Code of Federal Regulations (CFR).

How Do I Complete the Forms?

    Answer every question on Form 2A that applies to your treatment 
works. If your answer to a question requires more room than there is on 
the form, attach additional sheets (see above). If a particular 
question does not apply to your treatment works, write ``N/A'' (meaning 
``not applicable'') as your answer to that question. If you need advice 
on how to fill out these forms, write or contact your EPA Regional 
Office or your State office at the following address:

Completing Form 2A

Facility Name and NPDES Permit Number

    At the top of each page of Form 2A, put your plant's name and NPDES 
permit number (if you already have been assigned one) in the 
appropriate boxes. Also put this information on the top of any 
``Additional Information'' sheets you attach. Do not write anything in 
the space marked ``EPA ID Number.''
    As stated above, Form 2A consists of two packets: the Basic 
Application Information packet and the Supplemental Application 
Information packet. These instructions provide directions for 
completing both of these packets.

Basic Application Information Packet

    Paperwork Reduction Act Notice: The public reporting and 
recordkeeping burden for this collection of information (the Basic 
Application Information Packet) is estimated to average 5.3 hours 
per response. This estimate includes the time needed to review 
instructions; develop, acquire, install, and utilize technology and 
systems for the purposes of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing 
and providing information; adjust the existing ways to comply with 
any previously applicable instructions and requirements; train 
personnel to respond to a collection of information; search existing 
data sources; complete and review the collection of information; and 
transmit or otherwise disclose the information. An Agency may not 
conduct or sponsor, and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.
    Send comments regarding the burden estimate or any other aspect 
of this collection of information, including suggestions for 
reducing the burden, to Chief, OPPE Regulatory Information Division, 
U.S. Environmental Protection Agency (2136), 401 M St., S.W., 
Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th St., 
N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include 
the OMB control number in any correspondence. Do not send the 
completed application form to these addresses.

    All applicants must complete the Basic Application Information 
packet, which consists of questions 1-19. Note that some questions in 
this packet may not apply to your treatment works. For these questions, 
write ``N/A'' in the response space.

Application Overview

    Read the Application Overview before completing any of Form 2A. 
This section will help you determine which questions and parts of Form 
2A apply to your facility. Note that the permitting authority may 
require you to complete certain questions or provide additional 
information as well.
    As stated above, all applicants must complete the Basic Application 
Information packet. However, only certain types of applicants will need 
to complete the Supplemental Application Information packet. Refer to 
the directions in the Application Overview section on Form 2A to 
determine which parts of the Supplemental Application Information 
packet you need to complete.

Treatment Works

1. Facility Information
    Provide your plant's official or legal name. Do not use a nickname 
or short name. Also provide your plant's mailing address, a contact 
person at the plant, his/her title, and that person's work telephone 
number. The contact person should be someone who has a thorough 
understanding of the operation of your treatment works. The permitting 
authority may call this person if there are questions about the 
application. Also provide the actual facility address (if different 
than the mailing address). The facility location should be a street 
address (not a Post Office box number) 

[[Page 62612]]
or other description of the actual location of the facility. Be sure to 
provide the city or county and state in which your facility is located.
2. Applicant Information
    If someone other than the facility contact person is actually 
submitting this application, provide the name and mailing address of 
that person's organization. Also provide the name of a contact person, 
his/her title, and his/her work telephone number. The permitting 
authority may call this person if there are questions about the 
application.
    In addition, indicate whether this applicant is the owner or 
operator (or both) of the treatment works. If it is neither, describe 
the relationship of the applicant to the treatment works (e.g., 
contractor). Also indicate whether you want correspondence regarding 
this application (phone calls, letters, the permit, etc.) directed to 
the applicant or to the facility address provided in question 1.
3. Existing Environmental Permits
    Provide the permit number of each currently effective permit issued 
to the treatment works for NPDES, UIC, RCRA, PSD, and any other 
environmental program. If you have previously filed an application but 
have not yet received a permit, give the number of the application, if 
any. If you have more than one currently effective permit under a 
particular permit program, list each such permit number. List any other 
relevant environmental permits under ``Other.'' These may include 
permits issued under the following programs: (1) Federal: Ocean Dumping 
Act, Section 404 of the Clean Water Act, or the Surface Mining Control 
and Reclamation Act; (2) State: new air emission sources in 
nonattainment areas under Part D of the Clean Air Act or State permits 
issued under Section 404 of the Clean Water Act; or (3) local: any 
applicable local environmental permit programs.
4. Population
    For all the cities, towns, and unincorporated areas served by your 
plant, enter the number of people served by your plant at the time you 
complete this form. If you do not know the population of each area, 
then only provide the total population for your entire treatment works. 
If another treatment works discharges into your plant, give the name of 
that other treatment works and the population it serves.
5. Flow
    a. Provide your plant's current design maximum daily influent flow 
rate. ``Design maximum daily influent flow rate'' means the average 
amount of wastewater flow your plant was designed to receive on a daily 
basis. Enter the flow number in million gallons per day (mgd). 
Treatment works with a design flow less than 5 mgd must provide the 
design influent flow rate to two decimal places. Treatment works that 
are greater than or equal to 5 mgd must report this to 1 decimal place. 
This is because fluctuations of 0.01 mgd to .09 mgd in smaller 
treatment works represent a significant percentage of daily flow.
    b. Enter the annual average daily flow rate, in million gallons per 
day, that your plant actually treated this year and each of the past 
two years for days that your plant actually discharges. Each year's 
data must be based on a 12-month time period, with the 12th month of 
``this year'' occurring no more than three months prior to this 
application submittal.
    c. Enter the maximum daily flow rate, in million gallons per day 
(mgd), that your plant received this year and each of the past two 
years. Each year's data must be based on a 12-month time period, with 
the 12th month of ``this year'' occurring no more than three months 
prior to this application submittal.
6. Collection System
    Indicate what type of collection system brings wastewater to your 
plant. If you check both of the collection systems indicated on the 
form, you must also provide an estimate of what percentage (in terms of 
miles of pipe) of your entire collection system each type represents. 
For example, 80 percent separate sanitary sewers would mean that 80 
percent of the actual miles of pipes are separate sanitary sewers (and 
20 percent are combined sewers).
     ``Separate sanitary sewer'' means a system of pipes that 
only carries:
    (1) Domestic wastewater from connections to houses, hotels, non-
industrial office buildings, institutions, or sanitary waste from 
industrial facilities.
    (2) Industrial wastewater received through connections to 
industrial plants or facilities. This consists of water that is used in 
the manufacturing processes conducted at the facility.
     ``Combined storm and sanitary sewer'' means a system of 
pipes that carries a mixture of storm water runoff and sanitary 
wastewater.
7. Inflow and Infiltration
    Estimate, in gallons per day (gpd), the average amount of water 
that enters the treatment works through inflow and infiltration. Also 
explain any actions you are taking to correct or decrease inflow and 
infiltration.
     ``Inflow'' means that water enters the sewer system from 
the land's surface in an uncontrolled way. Usually, this happens when 
surface water runs in through unsealed manhole covers. It may also 
happen when people illegally connect their foundation drains, roof 
leaders, cellar drains, yard drains, or catch basins to the sewer 
system.
     ``Infiltration'' happens when non-wastewater seeps into 
the sewer system from the ground. Ground water usually leaks into the 
sewer system through defective pipes, pipe joints, connections, or 
manholes.
8. Topographic Map
    Provide a topographic map or maps of the area extending at least to 
one mile beyond the property boundaries of the facility which clearly 
show the following:
     The area surrounding the treatment plant, including all 
unit processes;
     The pipes or other structures through which wastewater 
enters the treatment plant and the pipes or other structures through 
which treated wastewater is discharged from the treatment plant. 
Include outfalls from bypass piping, if applicable;
     Each well where wastewater from the plant is injected 
underground;
     Wells, springs, other surface water bodies, and drinking 
water wells that are: (1) Within \1/4\ mile of the property boundaries 
of the treatment plant, and(2) listed in the public record or otherwise 
known to you;
     Any areas where the sewage sludge produced by the 
treatment plant is stored, treated, or disposed;
     If the treatment works receives waste that is classified 
as hazardous under the Resource Conservation and Recovery Act (RCRA) by 
truck, rail, or special pipe, show on the map where that hazardous 
waste enters the treatment plant and where it is treated stored, and/or 
disposed.
    If a discharge structure, hazardous waste disposal site, or 
injection well associated with the facility is located more than one 
mile from the plant, include it on the map, if possible. If not, attach 
additional sheets describing the location of the structure, disposal 
site, or well, and identify the U.S. Geological Survey (or other) map 
corresponding to the location.
    On each map, include the map scale, a meridian arrow showing north 
and 

[[Page 62613]]
latitude and longitude at the nearest whole second. On all maps of 
rivers, show the direction of the current, and in tidal waters, show 
the directions of the ebb and flow tides. Use a 7\1/2\ minute series 
map published by the U.S. Geological Survey, which may be obtained 
through the U.S. Geological Survey Offices listed below. If a 7\1/2\ 
minute series map has not been published for your facility, then you 
may use a 15 minute series map from the U.S. Geological Survey. If 
neither a 7\1/2\ minute or 15 minute series map has been published for 
your facility site, use a plat map or other appropriate map, including 
all the requested information; in this case, briefly describe land uses 
in the map area (e.g., residential, commercial).
    Maps may be purchased at local dealers (listed in your local yellow 
pages) or purchased over the counter at the following USGS Earth 
Science Information Centers (ESIC):

Anchorage-ESIC, 4230 University Dr., Rm. 101, Anchorage, AK 99508-
4664, (907)786-7011
Lakewood-ESIC, Box 25046, Bldg. 25, Rm. 1813, Denver Federal Center, 
MS 504, Denver, CO 80225-0046, (303)236-5829
Lakewood Open Files-ESIC, Box 25286, Bldg. 810, Denver Federal 
Center, Denver, CO
Menlo Park-ESIC, Bldg. 3, Rm. 3128, MS 532, 345 Middlefield Rd., 
Menlo Park, CA 94025-3591, (415)329-4309
Reston-ESIC, 507 National Center, Reston, VA 22092, (703)648-6045
Rolla-ESIC, 1400 Independence Rd., MS 231, Rolla, MO 65401-2602, 
(314)341-0851
Salt Lake City-ESIC, 2222 West 2300 South, Salt Lake City, UT 84119, 
(801)975-3742
Sioux Falls-ESIC, EROS Data Center, Sioux Falls, SD 57198-0001, 
(605)594-6151
Spokane-ESIC, U.S. Post Office Bldg., Rm. 135, 904 W. Riverside 
Ave., Spokane, WA 99201-1088, (509)353-2524
Stennis Space Center-ESIC, Bldg. 3101, Stennis Space Center, MS 
39529, (601)688-3541
Washington, D.C.-ESIC, U.S. Dept. of Interior, 1849 C St., NW, Rm. 
2650, Washington, D.C. 20240, (202)208-4047

    All maps should be either on paper or other material appropriate 
for reproduction. If possible, all sheets should be approximately 
letter size with margins suitable for filing and binding. As few sheets 
as necessary should be used to clearly show what is involved. Each 
sheet should be labeled with your facility's name, permit number, 
location (city, county, or town), date of drawing, and designation of 
the number of sheets of each diagram as ``page ____ of ____.''
9. Process Flow Diagram or Schematic
    Provide a process flow diagram or schematic that shows how 
wastewater flows through your plant. On your diagram, include all 
bypass piping. ``Bypass piping'' is a system of pipes, conduits, gates, 
and valves that can be used to intentionally divert wastewater flow 
from any part of your plant directly to a discharge point. A bypass 
happens before the wastewater has been fully treated. Title your 
diagram ``Schematic Wastewater Flow.'' An example of a diagram or 
schematic is shown in Figure A below. Also write a brief description of 
your diagram.
    In addition to the diagram, provide a water balance that shows the 
following items:
     All treatment units. Treatment units include all processes 
used to treat wastewater, such as chlorination and dechlorination 
units.
     The daily average flow rate (in mgd) that has entered your 
plant and that has been discharged from your plant over the past 12 
months.
     The daily average flow rate (in mgd) between treatment 
units in your facility for the past 12 months.

Figure A--Process Flow Diagram

    If possible, submit diagrams that are approximately letter size 
(8\1/2\ x 11 inches) and leave blank room at the edges so the 
permitting authority can file or bind the diagram(s) with your 
application. Submit the fewest number of diagrams that show the whole 
area. Label all of your plant's discharge points with their outfall 
numbers. At the top of each sheet, write your plant's name, NPDES 
permit number, location (city, county, or town), the date you made the 
diagram, and the number of each diagram sheet as ``page ____ of ____'' 
(e.g., page 2 of 4).
10. Bypass
    A ``bypass'' is the intentional diversion of wastewater (e.g., 
through an arrangement of pipes, conduits, gates, and/or valves) from 
any portion of your treatment plant to a discharge point before that 
wastewater is fully treated. Bypasses are prohibited unless the 
criteria in 40 CFR 122.41(m) are satisfied. For questions 10.a-10.c., 
provide information on both wet weather and dry weather bypasses if the 
treatment plant has the ability to bypass untreated or partially 
treated wastewater.
    a. Provide the number of bypass incidents that occurred at your 
plant during the past 12 months. Indicate whether this is an actual or 
approximate number.
    b. Provide the average number of hours that each bypass lasted 
during the past 12 months. Indicate whether this is an actual or 
approximate number.
    c. Provide the average volume (in million gallons) of the bypasses 
over the past 12 months. The average volume is the total number of 
gallons that were diverted from your plant divided by the number of 
bypasses. Indicate whether this is an actual or approximate number.
    d. Describe why bypasses happen at your plant.
    e. Provide information regarding the presence and use of backup 
generators at your plant.
11. Discharges and Other Disposal Methods
    a. Indicate whether your treatment works discharges effluent to 
waters of the United States. If the answer to 11.a. is ``No,'' then go 
to 11.b.
    List the number of each type of outfall to waters of the United 
States your treatment works has. If your plant has outfalls (other than 
bypass points) that discharge something other than treated sanitary 
effluent, give the total number of these outfalls and describe what 
type of effluent is discharged through them.

    Note: If your treatment works discharges to waters of the United 
States, then you must also complete the following sections of Form 
2A:
     Questions 15-18;
     Refer to the Application Overview section to determine 
whether you must also complete the Effluent Testing Information in 
Part A of the Supplemental Application Information packet.

    b. A surface impoundment with no point source discharge (to waters 
of the U.S.) is a holding pond or basin that is large enough to contain 
all wastewaters discharged into it. It has no places where water 
overflows from it. It is used for evaporation of water and very little 
water seeps into the ground. Your plant must report the location of 
each surface impoundment, on average how much water is placed in the 
impoundment each day, and how often water is discharged into the 
surface impoundment (continuous or intermittent). If your plant 
discharges to more than one surface impoundment, use an additional 
sheet (or sheets) to give this information for each impoundment. Attach 
the additional sheet(s) to the application form. The information on the 
location of the surface impoundment may be referenced on the 
topographic map prepared under question 8.
    c. Land application is the spraying or spreading of treated 
wastewater over an area of land. If your plant applies wastewater to 
land, you must list the site location, how many acres the site is, how 
much water is applied (as annual average daily application), and how 
often the wastewater is applied to the site (continuous or 
intermittent). If your plant applies wastewater to more than 

[[Page 62614]]
one site, provide the information for each site on a separate sheet (or 
sheets). Attach the additional sheet(s) to your application form. The 
information on the location of the surface impoundment may be 
referenced on the topographic map prepared under question 8.
    d. If your plant discharges treated or untreated wastewater to 
another treatment works (including a municipal waste transport or 
collection system), provide the information requested in question 11.d. 
If your plant sends wastewater to more than one treatment works, 
provide this information for each treatment works on an additional 
sheet (or sheets). Attach the additional sheet(s) to your application 
form. Describe how the wastewater is transported to the other treatment 
works. Also provide the name and mailing address of the company that 
transports your plant's wastewater to this treatment works as well as 
the name, phone number, and title of the contact person at the 
transportation company.
    Provide the name and mailing address of each treatment works that 
receives wastewater from your plant as well as the name, phone number, 
and title of the contact person at the treatment works that receives 
your plant's wastewater. Also, provide the NPDES number for the 
treatment works, if you know it. Indicate the average daily flow, in 
million gallons per day, that is sent from your plant to the other 
treatment works.
    e. Indicate whether your treatment works discharges, or has the 
potential to discharge, through combined sewer overflows. If your 
response to this question is ``Yes,'' then you must also complete Part 
D of the Supplemental Application Information packet.
    f. If your plant disposes of its wastewater in some way that was 
not described by 11.a.-11.e., briefly describe how your plant 
discharges or disposes of its wastewater. Also give the annual daily 
volumes disposed of this way and indicate whether the discharge is 
continuous or intermittent. Other ways to discharge or dispose include 
underground percolation and well injection.
12. Federal Indian Reservation
    Federal Indian Reservation means all land within the limits of any 
Indian reservation under the jurisdiction of the United States 
Government notwithstanding the issuance of any patent, and including 
rights-of-way running through the reservation. Indicate whether your 
plant is located on (i.e., within the limits of) a Federal Indian 
Reservation and whether the water body into which your plant discharges 
flows through a Federal Indian Reservation after it receives your plant 
discharge. If you mark ``Yes'' for either of these questions, describe 
which parts of your plant are located on a Federal Indian Reservation 
or indicate how far upstream from a Federal Indian Reservation your 
plant's discharge is.
13. Operation/Maintenance Performed by Contractor(s)
    If a contractor carries out any operational or maintenance aspects 
associated with wastewater treatment or effluent quality at this 
facility, provide the name, mailing address, and telephone number of 
each such contractor. Also provide a description of the activities 
performed by the contractor. Attach additional pages if necessary.
14. Scheduled Improvements, Schedules of Implementation
    Provide information on any improvements to your treatment works 
that you are currently planning. Include only those improvements that 
will affect the wastewater treatment, effluent quality, or design 
capacity of your treatment works (such improvements may include 
regionalization of treatment works). Also list the schedule for when 
these improvements will be started and finished. If your treatment 
works has more than one improvement planned, use a separate sheet of 
paper to provide information for each one.
    a. List each outfall number that is covered by the implementation 
schedule. The outfall numbers you use must be the same as the ones 
provided under question 15.
    b. Indicate whether the planned improvements or implementation 
schedules are required by or planned independently of any local, state, 
or Federal agencies.
    c. Provide a brief description of the improvements to be made for 
the outfalls listed in question 14.a.
    d. If you are submitting Form 2A for a renewal of an existing NPDES 
permit and you plan to change your treatment works' influent design 
flow rate, then provide the proposed new maximum daily influent design 
flow rate in mgd.
    e. Provide the information requested for each planned improvement. 
Supply dates for the following stages of any compliance schedule. For 
improvements that are planned independently of local, State, or Federal 
agencies, indicate planned or actual completion dates, as applicable. 
If a step has already been finished, give the date when that step was 
completed.
     ``Begin Construction'' means the date you plan to start 
construction.
     ``End Construction'' means the date you expect to finish 
construction.
     ``Begin Discharge'' means the date that you expect a 
discharge will start.
     ``Attain Operational Level'' means the date that you 
expect the effluent level will meet your plant's implementation 
schedule conditions.
    f. Note whether your treatment works has received appropriate 
permits or clearances that are required by other Federal or State 
requirements. If you have received such permits, describe them.

    Note: If this treatment works discharges treated wastewater to 
waters of the United States, go to question 15. If this treatment 
works does not discharge treated wastewater to waters of the United 
States, do not complete questions 15-18. Instead, go to question 19 
(Certification Statement). (You may also be required to complete 
portions of the Supplemental Application Information packet.)

Effluent Discharges

    Answer questions 15-17 once for each outfall through which your 
treatment works discharges effluent to surface waters of the United 
States. Do not include information about combined sewer overflow 
discharge points. Surface water means creeks, streams, rivers, lakes, 
estuaries, and oceans. If your treatment works has more than one 
outfall, copy and complete questions 15-17 once for each outfall.
15. Description of Outfall
    a.-e. Give the outfall number and its location. For location, 
provide the city or town (if applicable); ZIP code; the county; the 
state; and the latitude and longitude to the nearest second. If this 
outfall is a subsurface discharge (e.g., into an estuary, lake, or 
ocean), indicate how far the outfall is from shore and how far below 
the water's surface it is. Measure the distances in feet. Give these 
distances at the lowest point of low tide. Also provide the average 
daily flow rate in million gallons per day.
    f. Mark whether this outfall is a periodic or intermittent 
discharge. A ``periodic discharge'' is one that happens regularly (for 
example, monthly or seasonally), but is not continuous all year. An 
``intermittent discharge'' is one that happens sometimes, but not 
regularly. Discharges from holding ponds, lagoons, etc., may be 
included as periodic or intermittent. Do not include discharges from 
bypass points or combined sewer overflows in your answer. Give the 
number of times per year a discharge occurs from this outfall. Also 
tell how long each 

[[Page 62615]]
discharge lasts and how much water is discharged, in million gallons 
per day. List each month when discharge happens. If you do not have 
records of exact months in which such discharges occurred, provide an 
estimate based on the best available information.
    g. Note whether the outfall is equipped with a diffuser. If so, 
provide a brief description of the type of diffuser used (e.g., high-
rate).
16. Description of Receiving Waters
    a. Indicate which type of water this outfall discharges into--
stream/river, lake, estuary, ocean, or other (describe).
    b. Give the names of the surface waters to which this outfall 
discharges. For example, ``Control Ditch A, then into Stream B, then 
into River C, and finally into River D in River Basin E.''
    c. Provide the name of the watershed/river/stream system in which 
the receiving water (identified in question 16.b.) is located. If 
known, also provide the 14-digit watershed code assigned to this 
watershed by the U.S. Soil Conservation Service.
    d. Provide the name of the State Management/River Basin into which 
this outfall discharges. If known, also provide the 8-digit hydrologic 
cataloging unit code assigned by the U.S. Geological Survey.
    e. If the water body is a river or stream, provide the acute and 
chronic critical low flow in cubic feet per second (cfs). If you are 
unsure of these numbers, the U.S. Geological Survey may be able to give 
them to you. Or you may be able to get these numbers from prior 
studies.
    f. Give the total hardness of the receiving stream at critical low 
flow, in milligrams per liter of CaCO3, if applicable.
17. Description of Treatment
    a. Indicate the highest level of treatment that your plant provides 
for the discharge from this outfall.
    b. Give the design removal rates, in percent, for biochemical 
oxygen demand (BOD5) or carbonaceous biochemical oxygen demand 
(CBOD5), suspended solids (SS), phosphorus (P), and nitrogen (N).
    c. Describe the type of disinfection your plant uses (for example, 
chlorination, ozonation, ultraviolet, etc.) and any seasonal variation 
that may occur. If your plant uses chlorination, indicate whether it 
also dechlorinates.
    d. Note whether the facility has post aeration.

Effluent Testing Data

18. Effluent Testing Information: Conventional and Nonconventional 
Pollutants
    All applicants that discharge effluent to waters of the United 
States must complete question 18. Refer to the Application Overview 
section to determine if you must also complete the Effluent Testing 
Information in Part A of the Supplemental Application Information 
packet.
    Do not include information about combined sewer overflow discharge 
points in question 18.
    Refer to the following table to determine which effluent testing 
information questions you must complete and to determine the number of 
pollutant scans on which to base your data.

------------------------------------------------------------------------
                                                             Minimum No.
                                                              of scans  
  Treatment works characteristics     Form 2A requirements      (see    
                                                             Appendix A)
------------------------------------------------------------------------
Design flow rate less than   Question 18..........            3 
 1 mgd, and.                                                            
Not required to have (or                                        
 does not have) a pretreatment                                          
 program.                                                               
Design flow rate greater     Question 18 and Part             3 
 than or equal to 1 mgd, or .         A of Supplemental                 
                                      Application                       
                                      Information Packet.               
Required to have a                                              
 pretreatment program (or has one                                       
 in place), or.                                                         
Otherwise required by the                                       
 permitting authority to provide                                        
 the data.                                                              
------------------------------------------------------------------------

    Complete question 18 once for each outfall through which effluent 
is discharged to waters of the United States. Indicate on each page the 
outfall number (as assigned in questions 15-17) for which the data are 
provided. Using the blank rows provided on the form, submit any data 
the facility may have for pollutants not specifically listed in 
question 18.
    For specific instructions on completing the pollutant tables in 
question 18, refer to Appendix A of these instructions.

Certification

19. Certification
    Note: Before completing the Certification statement, review the 
Application Overview section on the cover page of Form 2A to make 
sure that you have completed all applicable sections of Form 2A, 
including any parts of the Supplemental Application Information 
packet.

    All permit applications must be signed and certified. Also indicate 
in the boxes provided which sections of Form 2A you are submitting with 
this application.
    An application submitted by a municipality, State, Federal, or 
other public agency must be signed by either a principal executive 
officer or ranking elected official. A principal executive officer of a 
Federal agency includes: (1) The chief executive officer of the agency, 
or (2) a senior executive officer having responsibility for the overall 
operations of a principal geographic unit of the agency (e.g., Regional 
Administrators of EPA).
    An application submitted by a corporation must be signed by a 
responsible corporate officer. A responsible corporate officer means: 
(1) A president, secretary, treasurer, or vice president in charge of a 
principal business function, or any other person who performs similar 
policy- or decision-making functions; or (2) the manager of 
manufacturing, production, or operating facilities employing more than 
250 persons or having gross annual sales or expenditures exceeding $25 
million (in second quarter 1980 dollars), if authority to sign 
documents has been assigned or delegated to the manager in accordance 
with corporate procedures.
    An application submitted by a partnership or sole proprietorship 
must be signed by a general partner or the proprietor, respectively.
    After completing the certification statement (all applicable 
sections of Form 2A must also be complete), submit the application to:

Supplemental Application Information Packet

    EPA has developed Form 2A in a modular format, consisting of two 
packets: the Basic Application Information packet and the Supplemental 
Application Information packet. At a minimum, all applicants must 
complete the Basic Application Information packet. As directed by the 
Application Overview section on the 

[[Page 62616]]
cover page of the form, certain applicants will also need to complete 
one or more parts of the Supplemental Application Information packet.
    The Supplemental Application Information packet is divided into the 
following parts:

 Part A Expanded Effluent Testing Data
 Part B Toxicity Testing Data
 Part C Industrial User Discharges, Pretreatment, and RCRA/
CERCLA Wastes
 Part D Combined Sewer Systems

    Refer to the Application Overview section to determine which 
part(s) of the Supplemental Application Information packet you must 
complete.

Part A: Expanded Effluent Testing Data

    Paperwork Reduction Act Notice: The public reporting and 
recordkeeping burden for this collection of information (Part A: 
Expanded Effluent Data) is estimated to average 5.7 hours per 
response. This estimate includes the time needed to review 
instructions; develop, acquire, install, and utilize technology and 
systems for the purposes of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing 
and providing information; adjust the existing ways to comply with 
any previously applicable instructions and requirements; train 
personnel to respond to a collection of information; search existing 
data sources; complete and review the collection of information; and 
transmit or otherwise disclose the information. An Agency may not 
conduct or sponsor, and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.
    Send comments regarding the burden estimate or any other aspect 
of this collection of information, including suggestions for 
reducing the burden, to Chief, OPPE Regulatory Information Division, 
U.S. Environmental Protection Agency (2136), 401 M St., SW., 
Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th St., 
NW., Washington, DC 20503, Attention: Desk Officer for EPA. Include 
the OMB control number in any correspondence. Do not send the 
completed application form to these addresses.

    Note: All applicants that discharge effluent to waters of the 
United States must complete question 18 of the Basic Application 
Information packet. Refer to the Application Overview section to 
determine if you must also complete the Effluent Testing Information 
in Part A of the Supplemental Application Information packet.

    Refer to the following table to determine which effluent testing 
information questions you must complete and to determine the number of 
pollutant scans on which to base your data.

------------------------------------------------------------------------
                                                             Minimum No.
                                                              of scans  
  Treatment works characteristics     Form 2A requirements      (see    
                                                             appendix A)
------------------------------------------------------------------------
 Design flow rate less than  Question 18..........            3 
 1 mgd, and.                                                            
 Not required to have (or    .....................  ............
 does not have) a pretreatment                                          
 program.                                                               
 Design flow rate greater    Question 18 and Part             3 
 than or equal to 1 mgd, or.          A of Supplemental                 
                                      Application                       
                                      Information Packet.               
 Required to have a          .....................  ............
 pretreatment program (or has one                                       
 in place) or.                                                          
 Otherwise required by the   .....................  ............
 permitting authority to provide                                        
 the date.                                                              
------------------------------------------------------------------------

    The following instructions apply only to treatment works completing 
Part A of the Supplemental Application Information packet. Note that 
the permitting authority may require additional testing on a case-by-
case basis.
    Complete Part A once for each outfall through which effluent is 
discharged to waters of the United States. Indicate on each page the 
outfall number (as assigned in questions 15-17 of the Basic Application 
Information packet) for which the data are provided. Using the blank 
rows provided on the form, submit any data the facility may have for 
pollutants not specifically listed in Part A.
    For specific instructions on completing the pollutant tables in 
Part A, refer to Appendix A of these instructions.

    Note: After completing Part A, refer to the Application Overview 
section to determine which other sections of Form 2A you must 
complete. If you have completed all other required sections of Form 
2A, you may proceed to the Certification Statement in question 19 of 
the Basic Application Information packet.

Part B. Toxicity Testing Data

    Paperwork Reduction Act Notice: The public reporting and 
recordkeeping burden for this collection of information (Part B: 
Toxicity Testing Data) is estimated to average 4.5 hours per 
response. This estimate includes the time needed to review 
instructions; develop, acquire, install, and utilize technology and 
systems for the purposes of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing 
and providing information; adjust the existing ways to comply with 
any previously applicable instructions and requirements; train 
personnel to respond to a collection of information; search existing 
data sources; complete and review the collection of information; and 
transmit or otherwise disclose the information. An Agency may not 
conduct or sponsor, and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.
    Send comments regarding the burden estimate or any other aspect 
of this collection of information, including suggestions for 
reducing the burden, to Chief, OPPE Regulatory Information Division, 
U.S. Environmental Protection Agency (2136), 401 M St., S.W., 
Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th St., 
N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include 
the OMB control number in any correspondence. Do not send the 
completed application form to these addresses.

    Treatment works meeting one or more of the following criteria must 
submit the results of whole effluent toxicity testing:
    1. Treatment works with a design influent flow rate greater than or 
equal to one mgd; or
    2. Treatment works with an approved pretreatment program (as well 
as those required to have one); or
    3. Treatment works otherwise required by the permitting authority 
to submit the results of whole effluent toxicity testing.
    Applicants completing Part B must submit the results from any whole 
effluent toxicity test conducted during the past three years that have 
not been reported or submitted to the permitting authority for each 
outfall discharging effluent to the waters of the United States. Do not 
include information on combined sewer overflows in this section. If the 
applicant conducted a whole effluent toxicity test during the past 
three years that revealed toxicity, then provide any information 
available on the cause of the toxicity or any results of a toxicity 
reduction evaluation, if one was conducted.
    Test results provided in Part B must be based on multiple species 
being 

[[Page 62617]]
tested quarterly for a minimum of one year. For multiple species, EPA 
requires a minimum of two species (e.g., vertebrates and 
invertebrates). The permitting authority may require the applicant to 
include other species (e.g., plants) as well. Applicants must provide 
these tests for acute or chronic toxicity, depending on the range of 
the receiving water dilution. EPA recommends that applicants conduct 
acute or chronic toxicity testing based on the following dilutions:
     Acute toxicity testing if the dilution of the effluent is 
greater than 1000:1 at the edge of the mixing zone.
     Acute or chronic toxicity testing if the dilution of the 
effluent is between 100:1 and 1000:1 at the edge of the mixing zone. 
Acute testing may be more appropriate at the higher end of this range 
(1000:1), and chronic testing may be more appropriate at the lower end 
of this range (100:1).
     Chronic toxicity testing if the dilution of the effluent 
is less than 100:1 at the edge of the mixing zone.
    All data provided in Part B must be based on tests performed within 
three years prior to completing this application. The tests must have 
been conducted since the last NPDES permit issuance or permit 
modification under 40 CFR 122.62(a). In addition, applicants only need 
to submit data that have not previously been submitted to the 
permitting authority. Thus, if test data have already been submitted 
(within the last three years) in accordance with an issued NPDES 
permit, the treatment works may note the dates the tests were submitted 
and need not fill out the information requested in question B.2. for 
that test.
    Additional copies of Part B may be used in submitting the required 
information. A permittee having no significant toxicity in the effluent 
over the past year and who has submitted all toxicity test results 
through the end of the calendar quarter preceding the time of permit 
application would need to supply no additional data as toxicity testing 
data as part of this application. Instead, the applicant should 
complete question B.4., which requests a summary of bioassay test 
information already submitted. (See below for more detailed 
instructions on completing question B.4.)
    Where test data are requested to be reported, the treatment works 
has the option of reporting the requested data on Form 2A or on reports 
supplied by the laboratories conducting the testing, provided the data 
requested are complete and presented in a logical fashion. The 
permitting authority reserves the right to request that the data be 
reported on Form 2A.
B.1. Required Tests
    a. Provide the total number of chronic and acute whole effluent 
toxicity tests conducted in the past three years. A ``chronic'' 
toxicity test continues for a relatively long period of time, often 
one-tenth the life span of the organism or more. An ``acute'' toxicity 
test is one in which the effect is observed in 96 hours or less.
B.2. Individual Test Data
    Complete B.2. for each test conducted in the last three years for 
which data has not been submitted. Use the columns provided on the form 
for each test and specify the test number at the top of each column. 
Use additional copies of question B.2. if more than three tests are 
being reported. The parameters listed on the form are based on EPA-
recommended test methods. Permittees may be required by the permitting 
authority to submit additional test parameter data for the purposes of 
quality assurance.
    If the treatment works is conducting whole effluent toxicity tests 
and reporting its results in accordance with an NPDES permit 
requirement, then the treatment works may note the dates the tests were 
submitted and need not fill out the information requested in question 
B.2. for those tests (unless otherwise required by the permitting 
authority).
    a. Provide the information requested on the form for each test 
reported. Under ``Test species,'' provide the scientific name of the 
organism used in the test. The ``Outfall number'' reported must 
correlate to the outfall numbers listed in questions 15-17 of the Basic 
Application Information packet.
    b. Provide the source of the toxicity test methods followed. In 
conducting the tests, the treatment works must use methods approved in 
accordance with 40 CFR Part 136 [Note: Approved methods are currently 
under development].
    c. Indicate whether 24-hour composite or grab samples were used for 
each test. For multiple grab samples, provide the number of grab 
samples used. Refer to Appendix A of the instructions for a definition 
of composite and grab samples.
    d. Indicate whether the sample was taken before or after 
disinfection and/or after dechlorination.
    e. Provide a description of the point in the treatment process at 
which the sample was collected.
    f. Indicate whether the test was intended to assess chronic or 
acute toxicity.
    g. Indicate which type of test was performed. A ``static'' test is 
a test performed with a single constant volume of water. In a ``static-
renewal'' test, the volume of water is renewed at discrete intervals. 
In a ``flow-through'' test, the volume of water is renewed 
continuously.
    h. Indicate whether laboratory water or the receiving water of the 
tested outfall was used as the source of dilution water. If laboratory 
water was used, provide the type of water used.
    i. Indicate whether fresh or salt water was used as the dilution 
water. For salt water, specify whether the salt water was natural or 
artificial (specify the type of artificial water used).
    j. For each concentration in the test series, provide the 
percentage of effluent used.
    k. Provide the minimum and maximum parameters measured during the 
test for pH, salinity, temperature, ammonia, and dissolved oxygen.
    l. Provide the results of each test performed. For acute toxicity 
tests, provide the percent survival of the test species in 100 percent 
effluent. Also provide the LC50 (Lethal Concentration to 50 
percent) of the test. ``LC50'' is the effluent (or toxicant) 
concentration estimated to be lethal to 50 percent of the test 
organisms during a specific period. Indicate any other test results in 
the space provided.
    For chronic toxicity tests, provide data at the most sensitive 
endpoint. While this is generally expressed as a ``NOEC'' (No Observed 
Effect Concentration), it may be expressed as an ``Inhibition 
Concentration'' (e.g., ``IC25''--Inhibition Concentration to 25 
percent). The NOEC is the highest measured concentration of an effluent 
(or a toxicant) at which no significant adverse effects are observed on 
the test organisms at a specific time of observation. The IC25 is 
the effluent (or toxicant) concentration estimated to cause a 25 
percent reduction in reproduction, fecundity, growth, or other non-
quantal biological measurements. Indicate any other test results in the 
space provided.
    m. Provide the mortality (in percent) of the control group. 
Indicate any other relevant information about the control group in the 
space provided.
B.3. Toxicity Reduction Evaluation
    A Toxicity Reduction Evaluation (TRE) is a site-specific study 
conducted in a stepwise process designed to identify the causative 
agents of effluent toxicity, evaluate the effectiveness of 

[[Page 62618]]
toxicity control options, and then confirm the reduction in effluent 
toxicity. If the treatment works is conducting a TRE as part of a NPDES 
permit requirement or enforcement order, then you only need to provide 
the date of the last progress report concerning the TRE in the area 
reserved for details of the TRE.
B.4. Summary of Submitted Biomonitoring Test Information
    As stated above, applicants that have already submitted the results 
of biomonitoring test information over the past three years do not need 
to resubmit this data with Form 2A. Instead, indicate in question B.4. 
the date you submitted each report and provide a summary of the test 
results for each report. Include in this summary the following 
information: the outfall number and collection dates of the samples 
tested, dates of testing, toxicity testing method(s) used, and a 
summary of the results from the test (e.g, 100% survival in 40% 
effluent).

    Note: After completing Part B, refer to the Application Overview 
section to determine which other sections of Form 2A you must 
complete. If you have completed all other required sections of Form 
2A, you may proceed to the Certification Statement in question 19 of 
the Basic Application Information packet.

Part C. Industrial User Discharges, Pretreatment, and RCRA/CERCLA 
Wastes

    Paperwork Reduction Act Notice: The public reporting and 
recordkeeping burden for this collection of information (Part C: 
Industrial User Discharges, Pretreatment, and RCRA/CERCLA Wastes) is 
estimated to average 4.3 hours per response. This estimate includes 
the time needed to review instructions; develop, acquire, install, 
and utilize technology and systems for the purposes of collecting, 
validating, and verifying information, processing and maintaining 
information, and disclosing and providing information; adjust the 
existing ways to comply with any previously applicable instructions 
and requirements; train personnel to respond to a collection of 
information; search existing data sources; complete and review the 
collection of information; and transmit or otherwise disclose the 
information. An Agency may not conduct or sponsor, and a person is 
not required to respond to a collection of information unless it 
displays a currently valid OMB control number.
    Send comments regarding the burden estimate or any other aspect 
of this collection of information, including suggestions for 
reducing the burden, to Chief, OPPE Regulatory Information Division, 
U.S. Environmental Protection Agency (2136), 401 M St., S.W., 
Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th St., 
N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include 
the OMB control number in any correspondence. Do not send the 
completed application form to these addresses.

    All treatment works receiving discharges from significant 
industrial users (SIUs) or facilities that receive RCRA or CERCLA 
wastes must complete Part C.
    A ``categorical industrial user'' is an industrial user that is 
subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 
CFR Chapter I, Subchapter N, which are technology-based standards 
developed by EPA setting industry-specific effluent limits. (A list of 
Industrial Categories subject to Categorical Pretreatment Standards is 
included in Appendix B.)
    A ``significant industrial user'' is defined in 40 CFR 403.3(t) as 
an industrial user that:
    (1) is subject to Categorical Pretreatment Standards under 40 CFR 
403.6 and 40 CFR Chapter I, Subchapter N; and
    (2) any other industrial user that: discharges an average of 25,000 
gallons per day or more of process wastewater to the treatment works 
(excluding sanitary, non-contact cooling and boiler blowdown 
wastewater); contributes a process wastestream that makes up 5 percent 
or more of the average dry weather hydraulic or organic capacity of the 
treatment works; or is designated as such by the Control Authority as 
defined in 40 CFR 403.12(a) on the basis that the industrial user has a 
reasonable potential for adversely affecting the treatment works 
operation or for violating any pretreatment standard or requirement (in 
accordance with 40 CFR 403.8(f)(6)).
    An ``industrial user'' means any industrial or commercial entity 
that discharges wastewater that is not domestic wastewater. Domestic 
wastewater includes wastewater from connections to houses, hotels, non-
industrial office buildings, institutions, or sanitary waste from 
industrial facilities. The number of ``industrial users'' is the total 
number of industrial and commercial users that discharge to the 
treatment works.
    For the purposes of completing the application form, please provide 
information on non-categorical SIUs and categorical industrial users 
separately.

General Information

C.1. Number of Industrial Users
    Provide the number of SIUs and the number of categorical industrial 
users only that discharge to your treatment works.
C.2. Average Daily Flow From Industrial Users
    Provide an estimate of the daily flow of wastewater, in mgd, 
received from all industrial users, significant industrial users only, 
and categorical industrial users only.
C.3. Industrial User Contributions
    Estimate the contribution (in terms of the percent of total daily 
influent) from all industrial users, significant industrial users only, 
categorical industrial users only, and domestic sources only.
C.4. Pretreatment Program
    Indicate whether the treatment works has an approved pretreatment 
program. An ``approved pretreatment program'' is a program administered 
by a treatment works that meets the criteria established in 40 CFR 
403.8 and 403.9 and that has been approved by a Regional Administrator 
or State Director. If the answer to question C.4. is no, go to C.5.

    Naote If this treatment works has or is required to have a 
pretreatment program, you must also complete Parts A and B of the 
Supplemental Application Information packet.

    If the treatment works has an approved pretreatment program, 
identify any substantial modifications to the POTW's approved 
pretreatment program that have not been approved in accordance with 40 
CFR 403.18.

Significant Industrial User (SIU) Information

    All treatment works that receive discharges from SIUs must complete 
questions C.5.-C.10.
    If your treatment works receives wastewater from more than one SIU, 
complete questions C.5.-C.10. once for each SIU.
C.5. Significant Industrial User Information
    Provide the name and mailing address of each SIU. Submit additional 
pages as necessary.
C.6. Industrial Processes
    Describe the actual process(es) (rather than simply listing them) 
at the SIU that affect or contribute to the SIU's discharge. For 
example, in describing a metal finishing operation, include such 
information as how the product is cleaned prior to finishing, what type 
of plating baths are in operation (e.g., nickel, chromium), how paint 
is applied, and how the product is polished. Attach additional sheets 
if necessary. 

[[Page 62619]]

C.7. Principal Product(s) and Raw Material(s)
    List principal products that the SIU generates and the raw 
materials used to manufacture the products.
C.8. Flow Rate
    ``Process wastewater'' means any water that, 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. Indicate the average daily 
volume, in gallons per day, of process wastewater and non-process 
wastewater that the SIU discharges into the collection system. Specify 
whether the discharges are continuous or non-continuous.
C.9. Pretreatment Standards
    Indicate whether the SIU is subject to local limits and categorical 
pretreatment standards. ``Local limits'' are enforceable local 
requirements developed by treatment works to address Federal standards 
as well as state and local regulations.
    ``Categorical pretreatment standards'' are national technology-
based standards developed by EPA, setting industry-specific effluent 
limits. These standards are implemented by 40 CFR 403.6.
C.10. Problems at the Treatment Works Attributed to Waste Discharged by 
the SIU
    Provide information concerning any problems the treatment works has 
experienced that are attributable to discharges from the SIUs. Problems 
may include upsets or interference at the plant, corrosion in the 
collection system, or other similar events.

RCRA Hazardous Waste Received by Truck, Rail or Dedicated Pipeline

C.11. RCRA Waste
    As defined in Section 1004(5) of the Resource Conservation and 
Recovery Act (RCRA), ``Hazardous waste'' means ``a solid waste, or 
combination of solid wastes, which because of its quantity, 
concentration, or physical, chemical or infectious characteristics may:
    (A) cause or significantly contribute to an increase in mortality 
or an increase in serious irreversible, or incapacitating reversible, 
illness; or
    (B) pose a substantial present or potential hazard to human health 
or the environment when improperly treated, stored, transported, or 
disposed of, or otherwise managed.''
    Those solid wastes that are considered hazardous are listed under 
40 CFR Part 261. Treatment works that accept hazardous wastes by truck, 
rail, or dedicated pipeline (a pipeline that is used to carry hazardous 
waste directly to a treatment works without prior mixing with domestic 
sewage) within the property boundary of the treatment works are 
considered to be hazardous waste treatment, storage, and disposal 
facilities (TSDFs) and, as such, are subject to regulations under RCRA. 
Under RCRA, mixtures of domestic sewage and other wastes that commingle 
in the treatment works collection system prior to reaching the property 
boundary, including those wastes that otherwise would be considered 
hazardous, are excluded from regulation under the domestic sewage 
exclusion. Hazardous wastes that are delivered directly to the 
treatment works by truck, rail, or dedicated pipeline do not fall 
within the exclusion. Hazardous wastes received by these routes may 
only be accepted by treatment works if the treatment works complies 
with applicable RCRA requirements for TSDFs.
    Applicants completing questions C.11.-C.13. should have indicated 
all points at which RCRA hazardous waste enters the treatment works by 
truck, rail, or dedicated pipe in the map provided in question 8 of the 
Basic Application Information packet.
C.12. Waste Transport
    Indicate the method by which RCRA waste is received at the 
treatment works.
C.13. Waste Description
    Provide the EPA hazardous waste numbers, which are located in 40 
CFR Part 261, Subparts C & D, and the amount (in volume or mass) 
received.

CERCLA (Superfund) Wastewater and RCRA Remediation/Corrective Action 
Wastewater

    Substances that are regulated under Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA) are described and 
listed in 40 CFR Part 302. Questions C.14.-C.22. apply to the type, 
origin, and treatment of CERCLA wastes currently (or expected to be) 
discharged to the treatment works.
C.14. CERCLA Waste
    Indicate whether this treatment works currently receives waste from 
a CERCLA (Superfund) site or plans to accept waste from a CERCLA site 
in the next five years. If it does, provide the information requested 
in C.15-C.17.
    If the treatment works receives, or plans to receive, CERCLA waste 
from more than one site, complete questions C.15-C.17, once for each 
site.
C.15. Waste Origin
    Provide information about the CERCLA site that is discharging waste 
to the treatment works. Information must include a description of the 
type of facility and an EPA identification number if one exists.
C.16. Pollutants
    Provide a list of the pollutants that are or will be discharged by 
the CERCLA site and the volume and concentration of such pollutants.
C.17. Waste Treatment
    Provide information concerning the treatment used (if any) by the 
CERCLA site to treat the waste prior to discharging it to the treatment 
works. The information should include a description of the treatment 
technology, information on the frequency of the discharge (continuous 
or intermittent) and any data concerning removal efficiency.
C.18. RCRA Corrective Action Waste
    Indicate whether this treatment works currently receives RCRA 
Corrective Action Waste or plans to accept RCRA Corrective Action Waste 
in the next five years. If it does, provide the information requested 
in C.19.-C.21.
    If there is more than one site from which RCRA Corrective Action 
Waste is, or is expected to be, received, attach additional sheets with 
the information requested in questions C.19.-C.21. for each site.
C.19. Waste Origin
    Provide a description of the site and of the type of facility that 
discharges or is expected to discharge the RCRA corrective action 
waste.
C.20. Pollutants
    Provide a list of the pollutants that are or will be discharged by 
each RCRA corrective action site.
C.21. Waste Treatment
    Provide information concerning the treatment used (if any) by the 
RCRA corrective action site to treat the waste prior to discharging it 
to the treatment works. The information should include a description of 
the treatment technology, any data concerning removal efficiency, and 
information on the frequency of the discharge (continuous or 
intermittent). If the discharge is intermittent, describe the discharge 
schedule.
C.22. Other Wastes From Remediation/Clean-up Sites
    Describe any wastewater received or expected to be received from 
leaking 

[[Page 62620]]
underground tank remediation sites and from remediation/cleanup sites 
that are regulated by other laws (state, municipal, etc.).

    Note: After completing Part C, refer to the Application Overview 
section to determine which other sections of Form 2A you must 
complete. If you have completed all other required sections of Form 
2A, you may proceed to the Certification Statement in question 19 of 
the Basic Application Information packet.

Part D. Combined Sewer Systems

    Paperwork Reduction Act Notice: The public reporting and 
recordkeeping burden for this collection of information (Part D: 
Combined Sewer Systems) is estimated to average 8.2 hours per 
response. This estimate includes the time needed to review 
instructions; develop, acquire, install, and utilize technology and 
systems for the purposes of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing 
and providing information; adjust the existing ways to comply with 
any previously applicable instructions and requirements; train 
personnel to respond to a collection of information; search existing 
data sources; complete and review the collection of information; and 
transmit or otherwise disclose the information. An Agency may not 
conduct or sponsor, and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.
    Send comments regarding the burden estimate or any other aspect 
of this collection of information, including suggestions for 
reducing the burden, to Chief, OPPE Regulatory Information Division, 
U.S. Environmental Protection Agency (2136), 401 M St., S.W., 
Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th St., 
N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include 
the OMB control number in any correspondence. Do not send the 
completed application form to these addresses.
D.1. Combined Sewer Overflow (CSO) Discharge Points
    A combined sewer system collects a mixture of both sanitary 
wastewater and storm water runoff.
    Indicate the number of CSO discharge points in the combined sewer 
system covered by this application. Complete questions D.5.-D.9. once 
for each discharge point. Attach additional pages as necessary.
D.2. System Map
    Indicate on a system map all CSO discharge points. For each such 
point, indicate any sensitive use areas and any waters supporting 
threatened or endangered species that are potentially affected by CSOs. 
Sensitive use areas include beaches, drinking water supplies, shellfish 
beds, sensitive aquatic ecosystems, and outstanding natural resource 
waters.
    Applicants may provide the information requested in question D.2. 
on the map submitted in response to question 8 in the Basic Application 
Information packet.
    All maps should be either on paper or other material appropriate 
for reproduction. If possible, all sheets should be approximately 
letter size with margins suitable for filing and binding. As few sheets 
should be used as necessary to show clearly what is involved. All 
discharge points should be identified by outfall number. Each sheet 
should be labeled with the applicant's name, NPDES permit number, 
location (city, county, or town), date of drawing, and designation of 
the number of sheets of each diagram as ``page ________ of ________.''
D.3. System Diagram
    Diagram the location of combined and separate sanitary major sewer 
trunk lines and indicate any connections where separate sanitary sewers 
feed into the combined sewer system. Clearly indicate the location of 
all flow controlling devices in the system. Include storage equipment, 
flow regulating devices, and pump stations. Also indicate the areas of 
drainage associated with each CSO and the pumping capacity of each pump 
station.
    The drawing should be either on paper or other material appropriate 
for reproduction. If possible, all sheets should be approximately 
letter size with margins suitable for filing and binding. As few sheets 
should be used as necessary to show clearly what is involved. All 
discharge points should be identified by outfall number. Each sheet 
should be labeled with the applicant's name, NPDES permit number, 
location (city, county, or town), date of drawing, and designation of 
the number of sheets of each diagram as ``page ________ of ________''.
D.4. System Evaluation
    List any studies that have been performed on the combined sewer 
system since the last permit application, including inflow/infiltration 
studies, engineering studies, hydraulic studies, and water quality 
studies.

CSO Outfalls

    Fill out a copy of questions D.5.-D.9. once for each CSO discharge 
point. Attach additional pages as necessary.
D.5. Description of Outfall
    a.-d. Provide the outfall number and location (including city or 
town if applicable, state, county, and latitude and longitude to the 
nearest second). For subsurface discharges (e.g., discharges to lakes, 
estuaries, and oceans), provide the distance (in feet) of the discharge 
point from the shore and the depth (in feet) of the discharge point 
below the surface of the discharge point. Provide these distances at 
the lowest point of low tide.
D.6. Monitoring
    Indicate whether rainfall, CSO flow volume, CSO water quality, and/
or receiving water quality were monitored during the past 12 months. 
Provide the number of storm events monitored during the past 12 months 
as well.
D.7. CSO Incidents
    a. Provide the number of CSO incidents that have occurred in the 
past 12 months. Indicate whether this is an actual or approximate 
number.
    b. Provide the average duration (in hours) per CSO event. Indicate 
whether this is an actual or approximate value.
    c. Provide the average volume (in million gallons) of discharge per 
CSO incidents over the past 12 months. Indicate whether this is an 
actual or approximate number.
    d. Provide the minimum amount of rainfall that caused a CSO 
incident in the past 12 months.
D.8. Description of Receiving Waters
    a. Indicate the type of water body into which the CSO outfall 
(identified in D.5.a.) discharges.
    b. List the name(s) of immediate receiving waters starting at the 
CSO discharge point and moving downstream. For example, ``Control Ditch 
A, thence to Stream B, thence to River C, and thence to River D in the 
River Basin E.''
    c. Provide the name of the watershed/river/stream system in which 
the receiving water (identified in question D.8.b.) is located. If 
known, also provide the 14-digit watershed code assigned to this 
watershed by the U.S. Soil Conservation Service.
    d. Provide the name of the State Management/River Basin into which 
this outfall discharges. If known, also provide the 8-digit hydrologic 
cataloging unit code assigned by the U.S. Geological Survey.
D.9. CSO Operations
    a. Indicate whether wastewater from significant industrial users 
(refer to the instructions to Part C for a definition) can enter the 
combined sewer system.
    b. Provide a description of any known water quality impacts on the 
receiving water caused by CSO from this discharge point.

 
[[Page 62621]]

    Note: After completing Part D, refer to the Application Overview 
section to determine which other sections of Form 2A you must 
complete. If you have completed all other required sections of Form 
2A, you may proceed to the Certification Statement in question 19 of 
the Basic Application Information packet.

Appendix A--Guidance for Completing the Effluent Testing Information

All Treatment Works

    All applicants must provide data for each of the pollutants in 
question 18 of the Basic Application Information packet. Some 
applicants must also provide data for the pollutants in Part A of the 
Supplemental Application Information packet. All applicants submitting 
effluent testing data must base this data on a minimum of three 
pollutant scans. All samples analyzed must be representative of the 
discharge from the sampled outfall.
    If you have existing data that fulfills the requirements described 
below, you may use that data in lieu of conducting additional sampling. 
If you measure more than the required number of daily values for a 
pollutant and those values are representative of your wastestream, you 
must include them in the data you report. In addition, use the blank 
rows provided on the form to provide any existing sampling data that 
your facility may have for pollutants not listed in the appropriate 
sections. All data provided in the application must be based on samples 
taken within three years prior to the time of this permit application.
    Sampling data must be representative of the treatment works' 
discharge and take into consideration seasonal variations. At least two 
of the samples used to complete the effluent testing information 
questions must have been taken no fewer than 4 months and no more than 
8 months apart. For example, one sample may be taken in April and 
another in October to meet this requirement. Applicants unable to meet 
this time requirement due to periodic, discontinuous, or seasonal 
discharges can obtain alternative guidance on this requirement from 
their permitting authority.
    The collection of samples for the reported analyses should be 
supervised by a person experienced in performing wastewater sampling. 
Specific requirements contained in the applicable analytical methods 
should be followed for sample containers, sample preservation, holding 
times, and collection of duplicate samples. Samples should be taken at 
a time representative of normal operation. To the extent feasible, all 
processes that contribute to wastewater should be in operation and the 
treatment system should be operating properly with no system upsets. 
Samples should be collected from the center of the flow channel (where 
turbulence is at a maximum), at a location specified in the current 
NPDES permit, or at any location adequate for the collection of a 
representative sample.
    A minimum of four grab samples must be collected for pH, 
temperature, cyanide, total phenols, residual chlorine, oil and grease, 
fecal coliform, E. coli, and enterococci (applicants need only provide 
data on either fecal coliform or E. coli and enterococci). For all 
other pollutants, 24-hour composite samples must be collected. However, 
a minimum of one grab sample, instead of a 24-hour composite, may be 
taken for effluent from holding ponds or other impoundments that have a 
retention period greater than 24 hours.
    Grab and composite samples are defined as follows:
     Grab sample: an individual sample of at least 100 
milliliters collected randomly for a period not exceeding 15 minutes.
     Composite sample: a sample derived from two or more 
discrete samples collected at equal time intervals or collected 
proportional to the flow rate over the compositing period. The 
composite collection method may vary depending on pollutant 
characteristics or discharge flow characteristics.
    The permitting authority may allow or establish appropriate site-
specific sampling procedures or requirements, including sampling 
locations, the season in which sampling takes place, the duration 
between sampling events, and protocols for collecting samples under 40 
CFR Part 136. Contact EPA or the State permitting authority for 
detailed guidance on sampling techniques and for answers to specific 
questions. The following instructions explain how to complete each of 
the columns in the pollutant tables in the effluent testing information 
sections of Form 2A.
    Maximum Daily Discharge. For composite samples, the daily discharge 
is the average pollutant concentration and total mass found in a 
composite sample taken over a 24-hour period. For grab samples, the 
daily discharge is the arithmetic or flow-weighted total mass or 
average pollutant concentration found in a series of at least four grab 
samples taken during the operating hours of the treatment works during 
a 24-hour period.
    To determine the maximum daily discharge values, compare the daily 
discharge values from each of the sample events. Report the highest 
total mass and highest concentration level from these samples.
     ``Concentration'' is the amount of pollutant that is 
present in a sample with respect to the size of the sample. The daily 
discharge concentration is the average concentration of the pollutant 
throughout the 24-hour period.
     ``Mass'' is calculated as the total mass of the pollutant 
discharged over the 24-hour period.
     All data must be reported as both concentration and mass 
(where appropriate). Use the following abbreviations in the columns 
headed ``Units.''


ppm                                Parts per million.                   
gpd                                Gallons per day.                     
mgd                                Million gallons per day.             
su                                 Standard units.                      
mg/l                               Milligrams per liter.                
ppb                                Parts per billion.                   
ug/l                               Micrograms per liter.                
lbs                                Pounds.                              
ton                                Tons (English tons).                 
mg                                 Milligrams.                          
g                                  Grams.                               
kg                                 Kilograms.                           
T                                  Tonnes (metric tons).                
                                                                        

    Average Daily Discharge. The average daily discharge is determined 
by calculating the arithmetic mean daily pollutant concentration and 
the arithmetic mean daily total mass of the pollutant from each of the 
sample events within the three years prior to this permit application. 
Report the concentration, mass, and units used under the Average Daily 
Discharge column, along with the number of samples on which the average 
is based. Use the unit abbreviations shown above in ``Maximum Daily 
Discharge.''
    If data requested in Form 2A have been reported on the treatment 
works' Discharge Monitoring Reports (DMRs), you may compile such data 
and report it under the maximum daily discharge and the average daily 
discharge columns of the form.
    Analytical Method. All information reported must be based on data 
collected through analyses conducted using 40 CFR Part 136 methods. 
Applicants should use methods that enable pollutants to be detected at 
levels adequate to meet water quality-based standards. Where no 
approved method can detect a pollutant at the water quality-based 
standards level, the most sensitive approved method should be used. If 
the applicant believes that an alternative method should be used (e.g., 
due to matrix interference), the applicant should obtain prior approval 
from the permitting authority. If an alternative method is specified in 
the existing permit, the applicant should 

[[Page 62622]]
use that method unless otherwise directed by the permitting authority. 
Where no approved analytical method exists, an applicant may use a 
suitable method but must provide a description of the method. For the 
purposes of the application, ``suitable method'' means a method that is 
sufficiently sensitive to measure as close to the water quality-based 
standard as possible.
    Indicate the method used for each pollutant in the ``Analytical 
Method'' column of the pollutant tables. If a method has not been 
approved for a pollutant for which you are providing data, you may use 
a suitable method to measure the concentration of the pollutant in the 
discharge, and provide a detailed description of the method used or a 
reference to the published method. The description must include the 
sample holding time, preservation techniques, and the quality control 
measures used. In such cases, indicate the method used and attach to 
the application a narrative description of the method used.
    Reporting Levels. The applicant should provide the method detection 
limit (MDL), minimum level (ML), or other designated method endpoint 
reflecting the precision of the analytical method used.
    All analytical results must be reported using the actual numeric 
values determined by the analysis. In other words, even where 
analytical results are below the detection or quantitation level of the 
method used, the actual data should be reported, rather than reporting 
``non-detect'' (``ND'') or ``zero'' (``0''). Because the endpoint of 
the method has also been reported along with the test results, the 
permitting authority will be able to determine if the data are in the 
``non-detect'' or ``below quantitation'' range.
    For any dilutions made and any problems encountered in the 
analysis, the applicant should attach an explanation and any supporting 
documentation with the application. For GC/MS, report all results found 
to be present by spectral confirmation (i.e., quantitation limits or 
detection limits should not be used as a reporting threshold for GC/
MS).
    Total Recoverable Metals. Total recoverable metals are measured 
from unfiltered samples using EPA methods specified in 40 CFR Part 
136.3. A digestion procedure is used to solubilize suspended materials 
and destroy possible organic metal complexes. The method measures 
dissolved metals plus those metals recovered from suspended particles 
by the method digestion.

Appendix B: Industrial Categories Subject to National Categorical 
Pretreatment Standards

Industrial Categories With Pretreatment Standards in Effect

Aluminum Forming
Asbestos Manufacturing
Battery Manufacturing
Builder's Paper and Board Mills
Carbon Black Manufacturing
Coil Coating
Copper Forming
Electrical and Electronic Components
Electroplating
Feedlots
Ferroalloy Manufacturing
Fertilizer Manufacturing
Glass Manufacturing
Grain Mills Manufacturing
Ink Formulating
Inorganic Chemicals
Iron and Steel Manufacturing
Leather Tanning and Finishing
Metal Finishing
Metal Molding and Casting
Nonferrous Metals Forming and Metal Powders
Nonferrous Metals Manufacturing
Organic Chemicals, Plastics and Synthetic Fibers
Paint Formulating
Paving and Roofing
Pesticide Manufacturing
Petroleum Refining
Pharmaceutical Manufacturing
Porcelain Enameling
Pulp, Paper and Paperboard
Rubber Manufacturing
Soap and Detergents Manufacturing
Steam Electric Power Generating
Sugar Processing
Timber Products Manufacturing

Industrial Categories With Effluent Guidelines Currently Under 
Development (Proposed and Final Action Dates)

Pulp, Paper, and Paperboard (12/17/93-TBD)
Pesticide Formulating, Packaging, and Repackaging (4/14/94-8/95)
Centralized Waste Treatment (12/15/94-9/96)
Pharmaceutical Manufacturing (2/95-8/96)
Metal Products and Machinery, Phase I (3/95-9/96)
Industrial Laundries (12/96-12/98)
Transportation Equipment Cleaning (12/96-12/98)
Landfills and Incinerators (3/97-3/99)
Metal Products and Machinery, Phase II (12/97-12/99)

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BILLING CODE 6560-50-C

[[Page 62645]]


Instructions for Completing Form 2S

Application for a Sewage Sludge Permit

    Paperwork Reduction Act Notice: The public reporting and 
recordkeeping burden for this collection of information is estimated 
to average 11.6 hours per response. This estimate includes the time 
needed to review instructions; develop, acquire, install, and 
utilize technology and systems for the purposes of collecting, 
validating, and verifying information, processing and maintaining 
information, and disclosing and providing information; adjust the 
existing ways to comply with any previously applicable instructions 
and requirements; train personnel to respond to a collection of 
information; search existing data sources; complete and review the 
collection of information; and transmit or otherwise disclose the 
information. An Agency may not conduct or sponsor, and a person is 
not required to respond to a collection of information unless it 
displays a currently valid OMB control number.
    Send comments regarding the burden estimate or any other aspect 
of this collection of information, including suggestions for 
reducing the burden, to Chief, OPPE Regulatory Information Division, 
U.S. Environmental Protection Agency (2136), 401 M St., S.W., 
Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th St., 
N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include 
the OMB control number in any correspondence. Do not send the 
completed application form to these addresses.

Overview

    This application form collects information from persons that are 
required to apply for a sewage sludge use or disposal permit.
Who Must Submit Application Information?
    The following persons are ``treatment works treating domestic 
sewage'' that are required to submit sewage sludge permit application 
information:
     Any person who generates sewage sludge that is ultimately 
regulated by Part 503 (i.e., it is applied to the land, placed on a 
surface disposal site, fired in a sewage sludge incinerator, or placed 
in a municipal solid waste landfill unit);
     Any person who derives material from, or otherwise changes 
the quality of, sewage sludge (e.g., an intermediate treatment facility 
such as a composting facility, or a facility that processes sewage 
sludge for sale or give away in a bag or other container for 
application to the land), if that sewage sludge is used or disposed in 
a manner subject to Part 503;
     Any person who owns or operates a sewage sludge surface 
disposal site;
     Any person who fires sewage sludge in a sewage sludge 
incinerator; and
     Any other person required by the permitting authority to 
submit permit application information.
    For purposes of this form, you refers to the applicant. This 
facility and your facility refer to the facility for which application 
information is being submitted.
    Facility should be interpreted to include activities potentially 
subject to regulation under the sewage sludge program--e.g., areas of 
sewage sludge treatment, storage, land application, surface disposal, 
or incineration, even if such activities do not occur at the same 
location.
Which Parts of The Form Apply?
    Form 2S is presented in a modular format, enabling information 
collection to be tailored to your facility's sewage sludge generation, 
treatment, use, or disposal practices. The form is divided into two 
main parts:
     Part 1 is limited screening information that must be 
submitted by ``sludge-only'' (non-NPDES) facilities that are not 
applying for site-specific pollutant limits and have not been directed 
to submit a full permit application at this time.
     Part 2 must be submitted by facilities that are submitting 
a full permit application at this time. These include the following:

--Facilities with a currently effective NPDES permit.
--Facilities that are required to have, or are requesting, site-
specific pollutant limits, including ``sludge-only'' facilities that 
are applying for site-specific pollutant limits. (Note: all sewage 
sludge incinerators are required to have site-specific pollutant 
limits.)
--Facilities that have been directed by the permitting authority to 
apply for a permit at this time.

    Complete either Part 1 or Part 2, but not both (unless otherwise 
instructed by the permitting authority).
    Part 2 is divided into the following sections:
     Section A is general information to be provided by all 
applicants that fill out Part 2.
     Section B must be completed by any facility that generates 
sewage sludge or derives a material from sewage sludge.
     Section C must be completed by any facility that applies 
bulk sewage sludge to the land, or whose bulk sewage sludge is applied 
to the land. (Most applicants that provide this information will also 
submit Section B information, because it is unlikely that EPA would 
permit a land applier who does not generate or change the quality of 
sewage sludge.)
     Section D must be completed by the owner/operator of a 
surface disposal site.
     Section E must be completed by the owner/operator of a 
sewage sludge incinerator.
    You need only submit the Sections of Part 2 that apply.

Part 1: Limited Background Information

    Part 1 requests a limited amount of information from ``sludge-
only'' facilities (facilities without a currently-effective NPDES 
permit) that are not requesting site-specific permit limits and are not 
directed by the permitting authority to submit a full permit 
application at this time. This limited screening information must be 
submitted as expeditiously as possible, but no later than 180 days 
after publication of an applicable use or disposal standard. It is 
intended to allow the permitting authority to identify these 
facilities, track sewage sludge use and disposal, and establish 
priorities for permitting.
    1. Facility Information.
    a. Provide the facility's official or legal name. Do not use a 
colloquial name.
    b. Provide the complete mailing address of the office where 
correspondence should be sent. This may differ from the facility 
location given in Question 1.d.
    c. Provide the name, title, and work telephone number of a person 
who is thoroughly familiar with the operation of the facility and with 
the facts reported in this application, and who can be contacted by the 
permitting authority if necessary.
    d. Provide the physical location of the facility. If the facility 
lacks a street address or route number, provide the most accurate 
alternative geographic information (e.g., township and range, section 
or quarter section number, or nearby highway intersection).
    e. Indicate the type of facility.
    A publicly owned treatment works (POTW) is any device or system 
used in the treatment (including recycling and reclamation) of 
municipal sewage or industrial wastes of a liquid nature which is owned 
by a State or municipality. This definition includes sewers, pipes, or 
other conveyances only if they convey wastewater to a POTW providing 
treatment.
    A privately owned treatment works is any device or system which is 
(a) used to treat wastes from any facility whose 

[[Page 62646]]
operator is not the operator of the treatment works and (b) not a POTW 
or federally owned treatment works.
    A federally owned treatment works is a facility that is owned and 
operated by a department, agency, or instrumentality of the Federal 
Government that treats wastewater, a majority of which is domestic 
sewage, prior to discharge in accordance with a permit issued under 
section 402 of the Federal Water Pollution Control Act.
    A blending or treatment operation means any sewage sludge or 
wastewater treatment device or system, regardless of ownership 
(including Federal facilities), used in the storage, treatment, 
recycling, and reclamation of domestic sewage, including land dedicated 
for the disposal of sewage sludge. For purposes of this form, such 
devices or systems include blending or treatment operations that derive 
material from sewage sludge but do not generate sewage sludge.
    A surface disposal site is an area of land that contains one or 
more active sewage sludge units.
    An active sewage sludge unit is land on which only sewage sludge is 
placed for final disposal. This does not include land on which sewage 
sludge is either stored or treated. Land does not include waters of the 
United States, as defined in 40 CFR 122.2.
    A sewage sludge incinerator is an enclosed device in which only 
sewage sludge and auxiliary fuel are fired.
    2. Applicant Information.
    a. If someone other than the facility contact person is submitting 
this application, provide the name of that person's organization.
    b. Provide the complete mailing address of the applicant's 
organization.
    c. Provide the name and work telephone number of a person who is 
thoroughly familiar with the operation of the facility and with the 
facts reported in this application, and who can be contacted by the 
permitting authority if necessary.
    d. Indicate whether this applicant is the owner or operator (or 
both) of the facility. If it is neither, describe the relationship of 
the applicant to the facility.
    e. Indicate whether you want correspondence regarding this 
application directed to the applicant or to the facility address 
provided in question 1.
    3. Sewage Sludge Amount. List, on a dry weight basis, the total dry 
metric tons of sewage sludge per latest 365-day period handled at this 
facility.
    Dry weight basis means calculated on the basis of having been dried 
at 105 degrees C until reaching a constant weight (i.e., essentially 
100 percent solids content).
    a. The amount generated is, for purposes of this application, the 
amount of sewage sludge generated during the treatment of domestic 
sewage at the facility.
    b. The amount received from off site is any additional amount of 
sewage sludge handled at your facility that is not generated during the 
treatment of domestic sewage at your facility.
    c. The amount treated or blended on site is the amount of sewage 
sludge generated on site, plus the amount received from off site, that 
undergoes treatment on site. Treatment is the preparation of sewage 
sludge for final use or disposal. Treatment, for purposes of this form, 
includes the following:
     Thickening and stabilization;
     Processing (e.g., composting) for purposes of pathogen 
reduction and vector attraction reduction; and
     Blending with a bulking agent or with sewage sludge from 
another facility.
    Treatment does not include storage of sewage sludge.
    d. The amount sold or given away in a bag or other container for 
application to the land is the amount placed in a bag or other 
container at your facility.
    An other container is either an open or closed receptacle, 
including but not limited to, a bucket, box, carton, vehicle, or 
trailer with a load capacity of one metric ton or less.
    e. The amount of bulk sewage sludge shipped off site for treatment 
or blending is the amount of sewage sludge that is shipped to another 
facility in bulk form (i.e., not in a bag or other container), where 
the other facility derives a material from the sewage sludge (i.e., it 
is a ``person who prepares'').
    This question does not cover sewage sludge sent directly to a land 
application site, surface disposal site, municipal solid waste 
landfill, or sewage sludge incinerator.
    f. The amount applied to the land in bulk form is the amount of 
bulk sewage sludge from your facility that is sent directly to a land 
application site from your facility. It does not cover sewage sludge 
placed in a bag or other container, nor does it cover sewage sludge 
shipped off site for treatment or for sale or give-away in a bag or 
other container.
    g. The amount placed on a surface disposal site is the amount of 
sewage sludge from your facility that is placed on a surface disposal 
site, regardless of whether you own or operate the surface disposal 
site.
    h. The amount fired in a sewage sludge incinerator is the amount of 
sewage sludge from your facility that is fired in a sewage sludge 
incinerator, regardless of whether you own or operate the sewage sludge 
incinerator.
    i. The amount sent to a municipal solid waste landfill (MSWLF) is 
the amount of sewage sludge from your facility that is sent directly to 
a MSWLF, which is a discrete area of land or an excavation that 
receives household waste and other solid wastes.
    j. The amount used or disposed by another practice is the amount of 
sewage sludge generated on site or received from off site that is not 
covered in Questions 3.d-3.i above.
    4. Pollutant Concentrations. Provide available data on the 
concentrations of the listed pollutants in the sewage sludge from this 
facility. If concentration data are available for pollutants not on 
this list, provide those data as well. Provide up to three data points 
taken at least one month apart during the last two years. If data from 
the last two years are unavailable, provide the most recent data.
    Express pollutant concentrations as dry weight concentrations.
    You may use a separate attachment in addition to, or instead of, 
the table provided.
    You need not perform additional pollutant monitoring to comply with 
this requirement; rather, only available data are requested.
    Calculations on a dry weight basis are based on sewage sludge 
having been dried at 105 degrees Celsius until reaching a constant 
weight (i.e., essentially 100 percent solids content).
    The Part 503 sewage sludge use or disposal regulation requires the 
use of Test Method SW-846 (in ``Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods,'' Second and Third Editions) to 
analyze samples of sewage sludge for compliance with Part 503. SW-846 
is recommended, but not required, for purposes of providing sewage 
sludge quality information in the permit application.
    5. Treatment Provided at Your Facility. Provide the following 
information regarding sewage sludge treatment on site. This question 
does not request information on sewage sludge treatment at an off-site 
use or disposal facility.
    a. Indicate the class of pathogen reduction (Class A or Class B) 
that is achieved at your facility. You may select ``neither or 
unknown'' only if sewage sludge is placed on an active sewage sludge 
unit that is covered with soil or other material at the end of each 
operating day, sent to another facility 

[[Page 62647]]
for additional treatment, fired in a sewage sludge incinerator, or 
placed on a municipal solid waste landfill unit.
    Options for meeting Class A pathogen reduction are listed at 
Sec. 503.32(a). Options for meeting Class B pathogen reduction are 
listed at Sec. 503.32(b).
    b. Provide a written description of any treatment processes used to 
reduce pathogens in sewage sludge, including an indication of how the 
treatment fulfills one of the options for meeting Class A or Class B 
pathogen reduction. You may attach existing documentation (e.g., 
technical or process specifications) to meet this requirement.
    c. Indicate whether any of the vector attraction reduction options 
in Sec. 503.33(b) (1)-(11) are met before sewage sludge leaves the 
facility. Options 1-8 are typically met at the point where sewage 
sludge is generated or where a material is derived from sewage sludge, 
and Options 9-11 are typically met at the point of use or disposal.
    You may select ``none or unknown'' only in the following cases:
     If sewage sludge is fired in a sewage sludge incinerator; 
or
     If sewage sludge is placed on a municipal solid waste 
landfill unit.
    Land application: Sewage sludge applied to agricultural land, a 
forest, a public contact site, or a reclamation site must meet one of 
the vector attraction reduction options 1-10, which are defined at 
Sec. 503.33(b) (1)-(10), respectively. Sewage sludge applied to a lawn 
or home garden, or placed in a bag or other container for sale or give-
away for application to the land, must meet any of options 1-8, defined 
at Sec. 503.33(b) (1)-(8), respectively.
    Surface disposal: Sewage sludge placed on an active sewage sludge 
unit must meet one of vector attraction reduction options 1-11, which 
are defined at Sec. 503.33(b) (1)-(11), respectively.
    d. Provide a written description of any treatment processes used to 
reduce vector attraction characteristics of sewage sludge, including an 
indication of how the treatment fulfills one of options 1-11 for vector 
attraction reduction. You may attach existing documentation (e.g., 
technical or process specifications) to meet this requirement.
    6. Sewage Sludge Sent to Other Facilities. If sewage sludge from 
your facility is sent to an off-site facility for treatment, 
distribution, use, or disposal, provide the information requested below 
for each receiving facility. If sewage sludge is sent to more than one 
off-site facility, attach additional pages if necessary.
    For purposes of this form, an off-site facility is a facility or 
site that is located on land physically separate from the land used in 
connection with your facility. ``Off site'' may include facilities or 
sites that you own if they are not located on the same property or on 
adjacent property.
    a. Provide the facility's official or legal name. Do not use a 
colloquial name.
    b. Provide the name, title, and work telephone number of a person 
who is thoroughly familiar with the operation of the facility receiving 
the sewage sludge, and who can be contacted by the permitting authority 
if necessary.
    c. Provide the complete mailing address at the off-site facility 
where correspondence should be sent.
    d. Indicate which activities the receiving facility performs on the 
sewage sludge from your facility.
    7. Use and Disposal Sites. If sewage sludge is sent directly from 
your facility to a use or disposal site (i.e., it is not sent to 
another facility), provide the following information for each such site 
(attach additional pages if necessary):
    a. Provide the site name and/or number. The name and/or number is 
any designation commonly used to refer to the site. If the site has 
been previously designated in another permit, use that designation.
    b. Provide the name, title, and work telephone number of a person 
who is thoroughly familiar with the operation of the use or disposal 
site, and who can be contacted by the permitting authority if 
necessary.
    c. Answer either question 1 or question 2.
    1. Provide the physical location (street address) of the site. If 
the site lacks a street address or route number, provide the most 
accurate alternative geographic information (e.g., township and range, 
section or quarter section number, nearby highway intersection).
    2. Provide the latitude and longitude of the center of the site. If 
a map was used to obtain latitude and longitude, provide map datum 
(e.g., NAD 27, NAD 83) and map scale (e.g., 1:24000, 1:100000).
    d. The site type is the intended end use of the land. Applicable 
sewage sludge use and disposal standards, and thus permit conditions, 
differ according to type of site.
    Agricultural land is land on which a food crop, a feed crop, or a 
fiber crop is grown. This includes range land, which is open land with 
indigenous vegetation, and pasture, which is land on which animals feed 
directly on crops such as grasses, grain stubble, or stover.
    Forest is a tract of land thick with trees and underbrush.
    A public contact site is land with a high potential for contact by 
the public. Public contact sites include public parks, ball fields, 
cemeteries, plant nurseries, turf farms, and golf courses.
    A reclamation site is land that has been drastically disturbed by 
strip mining, fires, construction, etc. As part of the reclamation 
process, sewage sludge is applied for its nutrient and soil 
conditioning properties to help stabilize and revegetate the land.
    For purposes of this form, a lawn or home garden is privately-owned 
land on which crops or other vegetation are grown for private, non-
commercial use and on which use by the general public does not occur.
    A surface disposal site is an area of land that contains one or 
more active sewage sludge units. An active sewage sludge unit is land 
on which only sewage sludge is placed for final disposal.
    A sewage sludge incinerator is an enclosed device in which sewage 
sludge and auxiliary fuel are fired.
    A municipal solid waste landfill is a discrete area of land or an 
excavation that receives household waste and other solid wastes.
    8. Certification. All permit applications must be signed and 
certified.
    An application submitted by a municipality, State, Federal, or 
other public agency must be signed by either a principal executive 
officer or ranking elected official. A principal executive officer of a 
Federal agency includes: (1) The chief executive officer of the agency, 
or (2) a senior executive officer having responsibility for the overall 
operations of a principal geographic unit of the agency (e.g., Regional 
Administrators of EPA).
    An application submitted by a corporation must be signed by a 
responsible corporate officer. A responsible corporate officer means: 
(1) A president, secretary, treasurer, or vice president in charge of a 
principal business function, or any other person who performs similar 
policy- or decision-making functions; or (2) the manager of 
manufacturing, production, or operating facilities employing more than 
250 persons or having gross annual sales or expenditures exceeding $25 
million (in second quarter 1980 dollars), if authority to sign 
documents has been assigned or delegated to the manager in accordance 
with corporate procedures.
    An application submitted by a partnership or sole proprietorship 
must be signed by a general partner or the proprietor, respectively. 

[[Page 62648]]


Part 2: Permit Application Information

    Part 2 of this form pertains to facilities that are submitting a 
full permit application at this time. This includes facilities applying 
for an NPDES permit as well as ``sludge-only'' facilities that are 
applying for site-specific pollutant limits.
    Review items 1-5 of the Application Overview section to determine 
which sections of Part 2 cover your facility's sewage sludge use or 
disposal practices. Table 1, below, summarizes which sections cover 
which activities.

                                   Table 1.--Guidelines for Completing Part 2                                   
----------------------------------------------------------------------------------------------------------------
          Activity(ies) performed                 A             B             C             D             E     
----------------------------------------------------------------------------------------------------------------
Generates sewage sludge or derives                                                                              
 material from sewage sludge..............                                                        
                                                            (B.1-B.3)                                           
    That meets ceiling concentrations in                                                                        
     Table 1 of 40 CFR 503.13, pollutant                                                                        
     concentrations in Table 3 of Sec.                                                                          
     503.13, Class A pathogen requirements                                                                      
     in Sec. 503.32, and one of the eight                                                                       
     vector attraction reduction options                                                                        
     in Sec. 503.33 (b) (1)-(8)...........                                                        
                                                                (B.4)                                           
    That is sold or given away in bag or                                                                        
     other container for application to                                                                         
     the land.............................                                                        
                                                                (B.5)                                           
    That is shipped off site for treatment                                                                      
     or blending..........................                                                        
                                                                (B.6)                                           
    That is applied to the land in bulk                                                                         
     form.................................                                                        
                                                                (B.7)                                    
    That is placed on a surface disposal                                                                        
     site.................................                                                        
                                                                (B.8)                                           
    That is fired in a sewage sludge                                                                            
     incinerator..........................                                                        
                                                                (B.9)                                           
    That is sent to a municipal solid                                                                           
     waste landfill.......................                                                        
                                                               (B.10)                                           
Applies bulk sewage sludge to land........                                                        
Owns or operates a surface disposal site..                                                        
Fires sewage sludge in a sewage sludge                                                                          
 incinerator..............................                                                        
----------------------------------------------------------------------------------------------------------------

Section A: General Information

    All applicants must complete Section A, which requests general 
information about the facility.
    A.1. Facility Information.
    a. Provide the facility's official or legal name. Do not use a 
colloquial name.
    b. Provide the complete mailing address of the office where 
correspondence should be sent. This may differ from the facility 
location given in Question 1.d.
    c. Provide the name, title, and work telephone number of a person 
who is thoroughly familiar with the operation of the facility and with 
the facts reported in this application, and who can be contacted by the 
permitting authority if necessary.
    d. Provide the physical location (street address) of the facility. 
If the facility lacks a street address or route number, provide the 
most accurate alternative geographic information (e.g., township and 
range, section or quarter section number, nearby highway intersection).
    e. Provide the latitude and longitude of the facility. This 
information is required by EPA's Locational Data Policy. If a map was 
used to obtain latitude and longitude, provide map datum (e.g., NAD 27, 
NAD 83) and map scale (e.g., 1:24000, 1:100000).
    f. Indicate whether the facility is a Class I sludge management 
facility. A Class I sludge management facility is either:
     Any POTW required to have an approved pretreatment program 
under 40 CFR 403.8(a), including any POTW located in a State assuming 
local pretreatment program responsibilities pursuant to 40 CFR 
403.10(e)); or
     Any treatment works treating domestic sewage, as defined 
in 40 CFR 122.2, classified as a Class I sludge management facility by 
the EPA Regional Administrator, or, in the case of approved State 
programs, the Regional Administrator in conjunction with the State 
Director, because of the potential for its sewage sludge use or 
disposal practices to adversely affect public health and the 
environment.
    If your facility is a Class I sludge management facility, you must 
perform a toxicity characteristic leaching procedure (TCLP) on this 
facility's sewage sludge. Submit the results (pass or fail) of all TCLP 
tests you have performed during the past five years that you have not 
already submitted to the permitting authority.
    g. Provide the facility's design influent flow rate. ``Design 
influent flow rate'' means the average flow the treatment works was 
designed to treat. Enter the design influent flow rate in million 
gallons per day (mgd), to two decimal places (e.g., 3.12 mgd translates 
to three million one hundred twenty thousand gallons per day).
    h. For all areas served by the treatment works (municipalities and 
unincorporated service areas), enter the best estimate of the actual 
population served at the time of application. If another treatment 
works discharges into this treatment works, provide on a separate 
attachment the name of the other treatment works and the actual 
population it serves (it is not necessary to list the communities 
served by the other treatment works).
    i. Indicate the type of facility.
    A publicly owned treatment works (POTW) is any device or system 
used in the treatment (including recycling and reclamation) of 
municipal sewage or industrial wastes of a liquid nature which is owned 
by a State or municipality. This definition includes sewers, pipes, or 
other conveyances only if they convey wastewater to a POTW providing 
treatment.
    A privately owned treatment works is any device or system which is 
(a) used to treat wastes from any facility whose operator is not the 
operator of the treatment works and (b) not a POTW or federally owned 
treatment works.
    A federally owned treatment works is a facility that is owned and 
operated by a department, agency, or instrumentality of the Federal 
government that treats wastewater, a majority of which is domestic 
sewage, prior to discharge in accordance with a permit issued under 
section 402 of the Federal Water Pollution Control Act.
    A blending or treatment operation means any sewage sludge or 
wastewater treatment device or system, regardless of ownership 
(including Federal facilities), used in the storage, treatment, 
recycling, and reclamation of domestic sewage, including land dedicated 
for the disposal of sewage sludge. For purposes of this form, such 
devices or systems include blending or treatment operations that derive 
material from sewage sludge but do not generate sewage sludge. 

[[Page 62649]]

    A surface disposal site is an area of land that contains one or 
more active sewage sludge units. An active sewage sludge unit is land 
on which only sewage sludge is placed for final disposal. This does not 
include land on which sewage sludge is either stored or treated. Land 
does not include waters of the United States, as defined in 40 CFR 
122.2.
    A sewage sludge incinerator is an enclosed device in which sewage 
sludge and auxiliary fuel are fired.
    A.2. Applicant Information.
    a. If someone other than the facility contact person is submitting 
this application, provide the name of that person's organization.
    b. Provide the complete mailing address of the applicant's 
organization.
    c. Provide the name and work telephone number of a person who is 
thoroughly familiar with the operation of the facility and with the 
facts reported in this application, and who can be contacted by the 
permitting authority if necessary.
    d. Indicate whether this applicant is the owner or operator (or 
both) of the facility. If it is neither, describe the relationship of 
the applicant to the facility.
    e. Indicate whether you want correspondence regarding this 
application directed to the applicant or to the facility address 
provided in question 1.
    A.3. Permit Information. Provide the facility's NPDES permit 
number, if any. Also provide the number and type of any relevant 
Federal, State, or local environmental permits or construction 
approvals received or applied for, including but not limited to permits 
issued under any of the following programs:
     Hazardous Waste Management program under RCRA;
     UIC program under SDWA;
     Prevention of Significant Deterioration (PSD) program 
under the Clean Air Act;
     Nonattainment program under the Clean Air Act;
     National Emission Standards for Hazardous Air Pollutants 
(NESHAPS) preconstruction approval under the Clean Air Act;
     Ocean dumping permits under the Marine Protection, 
Research, and Sanctuaries Act; or
     Dredge or fill permits under Section 404 of CWA.
    A.4. Federal Indian Reservation. Identify any generation, 
treatment, storage, application to land, or disposal of sewage sludge 
that occurs on a Federal Indian Reservation.
    A.5. Topographic Map. Provide a topographic map or maps (or other 
appropriate map(s) if a topographic map is unavailable) that shows the 
items identified below, including the areas one mile beyond the 
property boundaries of the facility.
    a. Location of all sewage sludge management facilities, including 
land application sites and locations where sewage sludge is generated, 
treated, or disposed;
    b. Location of all water bodies within one mile beyond the 
facility's property boundaries; and
    c. Location of all wells used for drinking water listed in public 
records or otherwise known to you within \1/4\ mile of the facility 
property boundaries.
    On each map, include the map scale, a meridian arrow showing north, 
and latitude and longitude at the nearest whole second. Use a 7\1/2\-
minute series map published by the U.S. Geological Survey (USGS), which 
may be obtained through the USGS Earth Science Information Center 
(ESIC) listed below. If a 7\1/2\-minute series map has not been 
published for your facility site, then you may use a 15-minute series 
map from the U.S. Geological Survey. If neither a 7\1/2\-minute nor 15-
minute series map has been published for your facility site, use a plat 
map or other appropriate map, including all the requested information; 
in this case, briefly describe land uses in the map area (e.g., 
residential, commercial). If you have previously prepared a map that 
includes these three items, that map may be submitted to fulfill this 
requirement if it is still accurate.
    Maps may be purchased at local dealers (listed in your local yellow 
pages) or purchased over the counter at the following USGS Earth 
Science Information Centers (ESIC):

Anchorage-ESIC, 4230 University Dr., Rm. 101, Anchorage, AK 99508-
4664, (907)786-7011
Lakewood-ESIC, Box 25046, Bldg. 25, Rm. 1813, Denver Federal Center, 
MS 504, Denver, CO 80225-0046, (303)236-5829
Lakewood Open Files-ESIC, Box 25286, Bldg. 810, Denver Federal 
Center, Denver, CO
Menlo Park-ESIC, Bldg. 3, Rm. 3128, MS 532, 345 Middlefield Rd., 
Menlo Park, CA 94025-3591, (415)329-4309
Reston-ESIC, 507 National Center, Reston, VA 22092, (703)648-6045
Rolla-ESIC, 1400 Independence Rd., MS 231, Rolla, MO 65401-2602, 
(314)341-0851
Salt Lake City-ESIC, 2222 West 2300 South, Salt Lake City, UT 84119, 
(801)975-3742
Sioux Falls-ESIC, EROS Data Center, Sioux Falls, SD 57198-0001, 
(605)594-6151
Spokane-ESIC, U.S. Post Office Bldg., Rm. 135, 904 W. Riverside 
Ave., Spokane, WA 99201-1088, (509)353-2524
Stennis Space Center-ESIC, Bldg. 3101, Stennis Space Center, MS 
39529, (601)688-3541
Washington, D.C.-ESIC, U.S. Dept. of Interior, 1849 C St., NW, Rm. 
2650, Washington, D.C. 20240, (202)208-4047

    All maps should be either on paper or other material appropriate 
for reproduction. If possible, all sheets should be approximately 
letter size with margins suitable for filing and binding. As few sheets 
as necessary should be used to clearly show what is involved. Each 
sheet should be labeled with your facility's name, permit number, 
location (city, county, or town), date of drawing, and designation of 
the number of sheets of each diagram as ``page ________ of ________.''
    A.6. Line Drawing. Attach to this form a line drawing, simple flow 
diagram, or narrative description that identifies all sewage sludge 
processes employed during the permit term, including the information 
requested on the application form.
    A.7. Contractor Information.
    If a contractor carries out any operational or maintenance aspects 
associated with this facility, provide the name, mailing address, and 
telephone of each such contractor. Also provide a description of the 
activities performed by the contractor. Attach additional pages if 
necessary.
    A.8. Pollutant Concentrations.
     All facilities must complete Section A.8.a. (Part 503 
Metals, Nutrients, and percent solids).
     Complete Section A.8.b. if this facility is a Class I 
sludge management facility.
    A Class I sludge management facility is either:

--Any POTW required to have an approved pretreatment program under 40 
CFR 403.8(a), including any POTW located in a State assuming local 
pretreatment program responsibilities pursuant to 40 CFR 403.10(e)); or
--Any treatment works treating domestic sewage, as defined in 40 CFR 
122.2, classified as a Class I sludge management facility by the EPA 
Regional Administrator, or, in the case of approved State programs, the 
Regional Administrator in conjunction with the State Director, because 
of the potential for its sewage sludge use or disposal practices to 
adversely affect public health and the environment.

    Provide pollutant concentration data as follows:
     Submit data for each of the pollutants listed in the 
appropriate section.
     For the listed pollutants, data may not be more than two 
years old. If existing data are not available for a pollutant, you must 
obtain and analyze at least one sample for that pollutant. 

[[Page 62650]]

     In addition, if you have any available concentration data 
for pollutants not listed in the section you are completing, provide 
those data as well. If data for such additional pollutants are not 
available from the last two years, provide the most recent data.
     Express pollutant concentrations as dry weight 
concentrations.
     You may use a separate attachment in addition to or 
instead of the table provided.
    Calculations on a dry weight basis are based on sewage sludge 
having been dried at 105 degrees Celsius until reaching a constant 
weight (i.e., essentially 100 percent solids content).
    The Part 503 sewage sludge use or disposal regulation requires the 
use of Test Method SW-846 (in ``Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods,'' Second and Third Editions) to 
analyze samples of sewage sludge for compliance with Part 503. SW-846 
is recommended, but not required, for purposes of providing sewage 
sludge quality information in the permit application.
    A.9. Certification. All permit applications must be signed and 
certified. Also indicate in the boxes provided, which sections of Form 
2S you are submitting with this application.
    An application submitted by a municipality, State, Federal, or 
other public agency must be signed by either a principal executive 
officer or ranking elected official. A principal executive officer of a 
Federal agency includes: (1) The chief executive officer of the agency, 
or (2) a senior executive officer having responsibility for the overall 
operations of a principal geographic unit of the agency (e.g., Regional 
Administrators of EPA).
    An application submitted by a corporation must be signed by a 
responsible corporate officer. A responsible corporate officer means: 
(1) A president, secretary, treasurer, or vice president in charge of a 
principal business function, or any other person who performs similar 
policy- or decision-making functions; or (2) the manager of 
manufacturing, production, or operating facilities employing more than 
250 persons or having gross annual sales or expenditures exceeding $25 
million (in second quarter 1980 dollars), if authority to sign 
documents has been assigned or delegated to the manager in accordance 
with corporate procedures.
    An application submitted by a partnership or sole proprietorship 
must be signed by a general partner or the proprietor, respectively.

Section B: Generation of Sewage Sludge or Preparation of a Material 
Derived From Sewage Sludge

    Complete this section if you are a ``person who prepares sewage 
sludge.'' A person who prepares sewage sludge is a person who generates 
sewage sludge during the treatment of domestic sewage in a treatment 
works or who derives a material from sewage sludge. This section, 
therefore, pertains to any POTW or other treatment works that generates 
sewage sludge, as well as to any facility that derives a material from 
sewage sludge (e.g., it composts sewage sludge or blends sewage sludge 
with another material). Simply distributing sewage sludge or placing it 
in a bag or other container for sale or give-away for application to 
the land is not considered ``deriving a material'' from sewage sludge 
(because it does not change sludge quality), and thus a facility that 
only distributes or bags a sewage sludge would not be automatically 
required to provide the information in this section.
    B.1. Amount Generated On Site. Provide the total dry metric tons 
per 365-day period of sewage sludge that is generated at your facility. 
Report only the amount of sewage sludge that is generated during 
treatment of domestic sewage in a treatment works, not the amount of 
material that is derived from sewage sludge.
    B.2. Amount Received from Off Site. Provide the following 
information if your facility receives any sewage sludge from an off-
site facility for further treatment (including blending), use, or 
disposal at your facility. If your facility receives sewage sludge from 
more than one off-site facility, provide this information separately 
for each such facility. Attach additional pages as necessary.
    For purposes of this form, an off-site facility is a facility or 
site that is located on land physically separate from the land used in 
connection with your facility. ``Off site'' may include facilities or 
sites that you own if they are not located on the same property or on 
adjacent property.
    a. Provide the official or legal name of the off-site facility. Do 
not use a colloquial name.
    b. Provide the name and work telephone number of a person who is 
thoroughly familiar with the operation of the off-site facility and 
with the facts reported in this section, and who can be contacted by 
the permitting authority if necessary.
    c. Provide the complete mailing address at the off-site facility 
where correspondence should be sent.
    d. Provide the physical location (street address) of the off-site 
facility. If the facility lacks a street address or route number, 
provide the most accurate alternative geographic information (e.g., 
township and range, section or quarter section number, nearby highway 
intersection).
    The off-site facility providing the sewage sludge is, by 
definition, also a ``person who prepares sewage sludge''. Both you and 
the off-site facility are required to apply for a permit and are 
required to ensure that applicable Part 503 requirements are met.
    e. Provide the total dry metric tons per 365-day period received 
from the off-site facility.
    f. Describe any treatment processes occurring at the off-site 
facility, including blending activities and treatment to reduce 
pathogens or vector attraction characteristics. ``Treatment'' does not 
include dewatering.
    B.3. Treatment Provided at Your Facility. Provide the following 
information regarding sewage sludge treatment at your facility. This 
question does not request information on sewage sludge treatment at an 
off-site use or disposal facility.
    a. Indicate the class of pathogen reduction (Class A or Class B) 
that is achieved before sewage sludge leaves the facility. You may 
select ``neither or unknown'' only if sewage sludge is placed on an 
active sewage sludge unit that is covered with soil or other material 
at the end of each operating day, sent to another facility for 
additional treatment, fired in a sewage sludge incinerator, or placed 
on a municipal solid waste landfill unit.
    Options for meeting Class A pathogen reduction are listed at 
Sec. 503.32(a). Options for meeting Class B pathogen reduction are 
listed at Sec. 503.32(b).
    b. Provide a written description of any treatment processes used to 
reduce pathogens in sewage sludge, including an indication of how the 
treatment fulfills one of the options for meeting Class A or Class B 
pathogen reduction. You may attach existing documentation (e.g., 
technical or process specifications) to meet this requirement.
    c. Indicate whether any of vector attraction reduction options 1-8 
are met before sewage sludge leaves the facility. Options 1-8 are 
published at Sec. 503.33(b) (1)-(8), and typically are met at the point 
of sewage sludge generation.
    Options 9, 10, and 11 (published at Sec. 503.33(b) (9)-(11), 
respectively) are also available, but are typically met at the point of 
use or disposal and are covered elsewhere in this form.
    You may select ``none or unknown'' only in the following cases:
     If sewage sludge is sent to another facility for 
additional treatment; 

[[Page 62651]]

     If option 9 (injection below land surface) or option 10 
(incorporation into soil within six hours) is met at a land application 
site;
     If option 9 (injection below land surface), option 10 
(incorporation into soil within six hours), or option 11 (daily cover) 
is met at an active sewage sludge unit at a surface disposal site;
     If sewage sludge is fired in a sewage sludge incinerator; 
or
     If sewage sludge is placed on a municipal solid waste 
landfill unit.
    Land application: Sewage sludge applied to agricultural land, a 
forest, a public contact site, or a reclamation site must meet one of 
the vector attraction reduction options 1-10, which are defined at 
Sec. 503.33(b) (1)-(10), respectively. Sewage sludge applied to a lawn 
or home garden, or placed in a bag or other container for sale or give-
away for application to the land, must meet any of options 1-8, defined 
at Sec. 503.33(b) (1)-(8), respectively.
    Surface disposal: Sewage sludge placed on an active sewage sludge 
unit must meet one of vector attraction reduction options 1-11, which 
are defined at Sec. 503.33(b) (1)-(11), respectively.
    d. Provide a written description of any treatment processes used to 
reduce vector attraction characteristics of sewage sludge, including an 
indication of how the treatment fulfills one of options 1-8 for vector 
attraction reduction. You may attach existing documentation (e.g., 
technical or process specifications) to meet this requirement.
    e. Provide a written description of any other treatment or blending 
activities not described in B.3.b or B.3.d above. ``Other treatment'' 
does not include dewatering or placement of sewage sludge in a bag or 
other container for sale or give-away for application to land. You may 
attach existing documentation (e.g., technical or process 
specifications) to meet this requirement.
    B.4. Preparation of Sewage Sludge Meeting Ceiling Concentrations, 
Pollutant Concentrations, Class A Pathogen Requirements, and One of 
Vector Attraction Reduction Options 1-8.
    Complete this section if sewage sludge from this facility meets all 
of the following criteria:
     The ceiling concentrations in Table 1 of Sec. 503.13(b)(1) 
and the pollutant concentrations in Table 3 of Sec. 503.13(b)(3);
     The Class A pathogen reduction requirements in 
Sec. 503.32(a); and
     One of the vector attraction reduction options in 
Sec. 503.33(b) (1)-(8).
    Sewage sludge meeting all of these criteria is exempt from the 
general requirements of Sec. 503.12 and the management practices of 
Sec. 503.14, and thus fewer permitting and permit application 
requirements typically pertain to facilities generating such sludge. 
For this reason, if you are eligible to complete Section B.4, you may 
skip Sections B.5--B.7 unless specifically required to complete any of 
them by the permitting authority.
    a. Provide the total dry metric tons per 365-day period of sewage 
sludge that is applied to the land and that meets the Table 1 ceiling 
concentrations, the Table 3 pollutant concentrations, Class A pathogen 
requirements, and one of vector attraction reduction options 1-8.
    b. Indicate whether sewage sludge that meets the Table 1 ceiling 
concentrations, the Table 3 pollutant concentrations, Class A pathogen 
requirements, and one of vector attraction reduction options 1-8 is 
placed in bags or other containers at your facility.
    Sewage sludge placed in a bag or other container must meet the 
Table 1 ceiling concentrations, the Class A pathogen requirements, one 
of vector attraction reduction options 1-8, and either the Table 3 
pollutant concentrations or the annual pollutant loading rates (APLRs) 
in Table 4 of Sec. 503.13. This question does not pertain to sewage 
sludge meeting APLRs.
    An other container is either an open or closed receptacle, 
including but not limited to a bucket, a box, a carton, and a vehicle 
or trailer with a load capacity of one metric ton or less.
    B.5. Sale or Give-Away in a Bag or Other Container for Application 
to the Land. Complete this section if sewage sludge from this facility 
is sold or given away in a bag or other container for application to 
the land. Skip this section, however, for any sewage sludge you 
reported in Section B.4 (i.e., sludge meeting Table 1 ceiling 
concentrations, Table 3 pollutant concentrations, Class A pathogen 
requirements, and one of vector attraction reduction options 1-8).
    A bag or other container includes an open or closed receptacle such 
as a bucket, box, carton, or vehicle or trailer with a load capacity of 
one metric ton or less.
    a. Provide the total dry metric tons per 365-day period placed in 
bags or other containers for sale or give-away.
    b. Attach with this application a copy of any label or information 
sheet that accompanies the product being sold or given away. When 
sewage sludge is placed in a bag or other container for sale or give-
away for application to the land, either a label must be affixed to the 
bag or other container, or an information sheet must be provided to the 
person receiving the sewage sludge. The label or information sheet must 
contain the following information:
     The name and address of the person who prepared the sewage 
sludge that is sold or given away in a bag or other container for 
application to the land;
     A statement that application of the sewage sludge to the 
land is prohibited except in accordance with the instructions on the 
label or information sheet; and
     The annual whole sludge application rate for the sewage 
sludge that does not cause any of the annual pollutant loading rates in 
Table 4 of Sec. 503.13 to be exceeded.
    B.6. Shipment-Off Site for Treatment or Blending. Complete this 
section if you provide sewage sludge to another facility, and that 
facility provides treatment or blending (i.e., it derives a material 
from sewage sludge).
    Skip this section, however, for any sewage sludge that is:
     Covered in Section B.4 (i.e., it meets the Table 1 ceiling 
concentrations, the Table 3 pollutant concentrations, Class A pathogen 
reduction requirements, and one of vector attraction reduction options 
1-8);
     Covered in Section B.5 (i.e., it is placed in a bag or 
other container at your facility); or
     Sent directly from your facility to a land application 
site or surface disposal site.
    If you provide sewage sludge to more than one facility that 
provides treatment or blending, complete Section B.6 for each such 
facility. Attach additional pages as necessary.
    a. Provide the official or legal name of the facility receiving the 
sewage sludge. Do not use a colloquial name.
    b. Provide the name, title, and work telephone number of a person 
who is thoroughly familiar with the operation of the facility receiving 
the sewage sludge, and who can be contacted by the permitting authority 
if necessary.
    c. Provide the complete mailing address of the receiving facility 
where correspondence should be sent.
    d. Provide the total dry metric tons per 365-day period your 
facility sends to the receiving facility. Do not include sewage sludge 
that other facilities send to the receiving facility.
    e. Indicate whether the facility receiving the sewage sludge 
provides additional treatment to reduce pathogens in sewage sludge from 
your facility. Also indicate whether Class A or Class B pathogen 
reduction is 

[[Page 62652]]
achieved before the sewage sludge leaves the receiving facility.
    Options for meeting Class A pathogen reduction are listed at 
Sec. 503.32(a). Options for meeting Class B pathogen reduction are 
listed at Sec. 503.32(b).
    Provide a written description of any treatment processes used at 
the receiving facility to reduce pathogens in sewage sludge, including 
an indication of how the treatment fulfills one of the options for 
meeting Class A or Class B pathogen reduction. You may attach existing 
documentation (e.g., technical or process specifications) to meet this 
requirement.
    f. Indicate whether the facility receiving the sewage sludge 
provides additional treatment to reduce vector attraction 
characteristics of the sewage sludge from your facility. Also indicate 
whether any of vector attraction reduction options 1-8 are met before 
the sewage sludge leaves the receiving facility. Options 1-8 are 
typically met at the point of sewage sludge generation or treatment; 
additional options are available, but these are typically met at the 
point of use or disposal.
    Land application: Sewage sludge applied to agricultural land, 
forest, a public contact site, or a reclamation site must meet one of 
vector attraction reduction options 1-10, which are defined at 
Sec. 503.33(b) (1)-(10), respectively. Sewage sludge applied to a lawn 
or home garden, or placed in a bag or other container for sale or give-
away for application to the land, must meet one of vector attraction 
reduction options 1-8, defined at Sec. 503.33(b) (1)-(8), respectively.
    Surface disposal: Sewage sludge placed on an active sewage sludge 
unit meet one of vector attraction reduction options 1-11, which are 
defined at Sec. 503.33(b) (1)-(11), respectively.
    Provide a written description of any treatment processes used at 
the receiving facility to reduce vector attraction reduction 
characteristics of sewage sludge, including an indication of how the 
treatment fulfills one of options 1-8 for vector attraction reduction. 
You may attach existing documentation (e.g., technical or process 
specifications) to meet this requirement.
    g. Provide a written description of any other treatment or blending 
not described in B.6.e or B.6.f above. This does not include dewatering 
of sewage sludge. You may attach existing documentation (e.g., 
technical or process specifications) to meet this requirement.
    h. If you generate sewage sludge or derive a material from sewage 
sludge, and you provide that sewage sludge to another person who 
derives a material from the sewage sludge, Sec. 503.12(g) requires you 
to provide that person with notice and necessary information to comply 
with land application requirements of Part 503. If you answered ``yes'' 
to B.6.e, B.6.f, or B.6.g, the receiving facility is a ``person who 
prepares sewage sludge'' and you must provide, with this application, a 
copy of any notice and other information you provide to the receiving 
facility.
    i. If the receiving facility places sewage sludge from your 
facility in a bag or other container for sale or give-away for 
application to the land, provide a copy of all labels or notices that 
accompany the product being sold or given away.
    A bag or other container includes an open or closed receptacle such 
as a bucket, box, carton, or vehicle or trailer with a load capacity of 
one metric ton or less.
    When sewage sludge is placed in a bag or other container for sale 
or give-away for application to the land, either a label must be 
affixed to the bag or other container, or an information sheet must be 
provided to the person receiving the sewage sludge. The label or 
information sheet must contain the following information:
     The name and address of the person who prepared the sewage 
sludge that is sold or given away in a bag or other container for 
application to the land;
     A statement that application of the sewage sludge to the 
land is prohibited except in accordance with the instructions on the 
label or information sheet; and
     The annual whole sludge application rate for the sewage 
sludge that does not cause any of the annual pollutant loading rates in 
Table 4 of Sec. 503.13 to be exceeded.
    B.7. Land Application of Bulk Sewage Sludge. Complete this section 
if bulk sewage sludge from your facility is sprayed or spread onto the 
land surface, injected below the land surface, or incorporated into the 
soil in order to condition the soil or fertilize crops or vegetation 
grown in the soil.
    Skip this section, however, for sewage sludge that is:
     Covered in Section B.4 (i.e., it meets the ceiling 
concentrations in Table 1 of Sec. 503.13(b)(1), the pollutant 
concentrations in Table 3 of Sec. 503.13(b)(3), the Class A pathogen 
reduction requirements in Sec. 503.32(a), and one of the vector 
attraction reduction options in Sec. 503.33(b)(1)-(8)); 1
     Covered in Section B.5 (i.e., it is placed in a bag or 
other container for sale or give-away for application to the land); or
     Covered in Section B.6 (i.e., it is sent to another 
facility for treatment or for blending).
    Bulk sewage sludge is defined as sewage sludge that is not sold or 
given away in a bag or other container for application to the land. (A 
bag or other container includes an open or closed receptacle such as a 
bucket, box, carton, or vehicle or trailer with a load capacity of one 
metric ton or less.)
    If you complete this section (which requests summary information 
for all bulk sewage sludge that is applied to the land), also complete 
Section C for each land application site.
    a. Provide the total dry metric tons per 365-day period your 
facility sends to all land application sites. Do not include sewage 
sludge sent to land application sites by other facilities.
    b. Indicate whether all land application sites are identified in 
Section C of this application. If you are not identifying all sites in 
Section C, provide a copy of the land application plan with this permit 
application. (Information is collected in Section C for each land 
application site that has been identified at the time of permit 
application.)
    Current regulations require you to submit a land application plan 
at the time of permit application if you intend to apply sewage sludge 
to land application sites that have not been identified at the time of 
permit application. (This requirement does not apply if your sewage 
sludge meets the ceiling concentrations in Table 1 of 
Sec. 503.13(b)(1), the pollutant concentrations in Table 3 of 
Sec. 503.13(b)(3), the Class A pathogen reduction requirements in 
Sec. 503.32(a), and one of the vector attraction reduction options in 
Sec. 503.33(b) (1)-(8).)
    At a minimum, the land application plan must:
     Describe the geographical area covered by the plan;
     Identify site selection criteria;
     Describe how sites will be managed;
     Provide for advance notice to the permitting authority of 
specific land application sites and a reasonable time for the 
permitting authority to object prior to the sewage sludge application; 
and
     Provide for advance public notice as required by State and 
local law, but in all cases require notice to land owners and occupants 
adjacent to or abutting the proposed land application sites.
    The permit writer will work with you to develop additional details 
of the land application plan on a case-by-case basis. 

[[Page 62653]]
Such details include site selection criteria (site slope, run-on and 
run-off control, etc.) and site management guidelines (sludge 
application rates, access controls, etc.).
    The land application plan is an alternative to either (1) requiring 
identification of, and permit conditions for, all potential land 
application sites at the time of permit issuance, or (2) requiring an 
individual permit action for each approval of a land application site. 
A land application plan provides for public notice when the land 
application plan is developed as part of the permit, and it discusses 
how the public will be notified on a case-by-case basis. For this 
reason, public notice of the permit will be required to reach areas 
within the territorial scope of the land application plan. The public 
notice must indicate that the permit includes a land application plan, 
and the fact sheet must briefly describe the contents of the land 
application plan.
    c. If any land application sites are located in States other than 
the State where you generate the bulk sewage sludge or derive the 
material from sewage sludge, describe how the permitting authority will 
be notified in the States where the land application sites are located.
    The permitting authority is either:
     The State, in cases where the State has an EPA-approved 
sewage sludge management program; or
     The EPA Region, in cases where a State sewage sludge 
management program has not yet been approved.
    The notice must include the following:
     The physical location, by either street address or 
latitude and longitude, of each land application site;
     The approximate time period bulk sewage sludge will be 
applied to the site;
     The name, address, and telephone number of the person who 
prepares the bulk sewage sludge and the NPDES permit number (if 
applicable) of their facility; and
     The name, address, and telephone number of the person who 
will apply the bulk sewage sludge and the NPDES permit number (if 
applicable) for their facility.
    B.8. Surface Disposal. Complete this section if sewage sludge from 
your facility is placed on a surface disposal site. If you own or 
operate a surface disposal site, also complete Section D.
    a. Provide the total dry metric tons per 365-day period that is 
sent from your facility to all surface disposal sites. Do not include 
sewage sludge sent to surface disposal sites by other facilities.
    A surface disposal site is an area of land that contains one or 
more active sewage sludge units. An active sewage sludge unit is a 
sewage sludge unit that has not closed. A sewage sludge unit is land on 
which only sewage sludge is placed for final disposal, excluding land 
on which sewage sludge is either stored or treated.
    b. If sewage sludge from your facility is placed on any surface 
disposal sites that you do not own or operate, complete B.8.c-B.8.f for 
each surface disposal site that you do not own or operate. If you send 
sewage sludge to more than one surface disposal site that you do not 
own or operate, attach additional pages as necessary.
    c. Provide the official or legal name (or number) of the site 
receiving the sewage sludge. Do not use a colloquial name.
    d. Provide the name, title, and work telephone number of a person 
who is thoroughly familiar with the operation of the surface disposal 
site, and who can be contacted by the permitting authority if 
necessary.
    Indicate whether the facility contact is the site owner, the site 
operator, or both. For purposes of this form, the owner is the person 
that owns a part of or the entire facility. The operator is the person 
responsible for the overall operation of the facility, and may be 
different from the owner. In general, the operator is the person 
responsible for the daily functioning of the facility, including sewage 
sludge use or disposal.
    e. Provide the complete mailing address for the surface disposal 
site where correspondence should be sent.
    f. Provide the total dry metric tons of sewage sludge per 365-day 
period from your facility placed on this surface disposal site. Do not 
include sewage sludge sent to this surface disposal site by other 
facilities.
    B.9. Incineration. Complete this section if sewage sludge from your 
facility is fired in a sewage sludge incinerator. If you own or operate 
a sewage sludge incinerator, also complete Section E.
    a. Provide the total dry metric tons of sewage sludge per 365-day 
period that is sent from your facility to all sewage sludge 
incinerators. Do not include sewage sludge sent to sewage sludge 
incinerators by other facilities.
    A sewage sludge incinerator is an enclosed device in which sewage 
sludge and auxiliary fuel are fired. Auxiliary fuel is fuel used to 
augment the fuel value of sewage sludge, including natural gas, fuel 
oil, coal, gas generated during anaerobic digestion of sewage sludge, 
and municipal solid waste (not to exceed 30 percent of the dry weight 
of sewage sludge and auxiliary fuel together).
    b. If you do not own or operate a sewage sludge incinerator in 
which sewage sludge from your facility is fired, complete B.9.c-B.9.f 
each sewage sludge incinerator that you do not own or operate.
    c. Provide the official or legal name or number of the sewage 
sludge incinerator. Do not use a colloquial name.
    d. Provide the name, title, and work telephone number of a person 
who is thoroughly familiar with the operation of the sewage sludge 
incinerator, and who can be contacted by the permitting authority if 
necessary.
    Indicate whether the incinerator contact is the owner, the 
operator, or both. For purposes of this form, the owner is the person 
that owns a part of or the entire facility. The operator is the person 
responsible for the overall operation of the facility, and may be 
different from the owner. In general, the operator is the person 
responsible for the daily functioning of the facility, including sewage 
sludge use or disposal.
    e. Provide the complete mailing address at the sewage sludge 
incinerator where correspondence should be sent.
    f. Provide the total dry metric tons of sewage sludge per 365-day 
period from your facility fired in this sewage sludge incinerator. Do 
not include sewage sludge sent to this incinerator by other facilities.
    B.10. Disposal on a Municipal Solid Waste Landfill.
    Complete this section if sewage sludge from your facility is placed 
on a municipal solid waste landfill (MSWLF) unit.
    Provide the information in this section once for each MSWLF on 
which sewage sludge from your facility is placed. If sewage sludge from 
your facility is placed on more than one MSWLF, attach additional pages 
as necessary.
    The Part 503 sewage sludge use or disposal regulation does not 
impose additional requirements on sewage sludge that is sent to a 
MSWLF, but they cross-reference existing criteria for MSWLFs at 40 CFR 
Part 258. Therefore, if sewage sludge from your facility is placed on a 
MSWLF unit, your permit must contain conditions regulating such 
disposal.
    A MSWLF unit is a discrete area of land or an excavation that 
receives household waste, and that is not a land application unit, 
surface impoundment, injection well, or waste pile, as those terms are 
defined under Sec. 257.2. A 

[[Page 62654]]
MSWLF unit also may receive other types of RCRA subtitle D wastes, such 
as commercial solid waste, nonhazardous sludge, small quantity 
generator waste and industrial solid waste. Such a landfill may be 
publicly or privately owned.
    a. Provide the official or legal name of the MSWLF. Do not use a 
colloquial name.
    b. Provide the name, title, and work telephone number of a person 
who is thoroughly familiar with the operation of the MSWLF, and who can 
be contacted by the permitting authority if necessary.
    c. Provide the complete mailing address for the MSWLF where 
correspondence should be sent. This may differ from the MSWLF location 
given below.
    d. Provide the physical location (street address) of the MSWLF. If 
the MSWLF lacks a street address or route number, provide the most 
accurate alternative geographic information (e.g., township and range, 
section or quarter section number, nearby highway intersection).
    e. Provide the total dry metric tons per 365-day period that is 
sent from your facility to this MSWLF. Do not include sewage sludge 
sent to the MSWLF by other facilities.
    f. Provide the number and type of any relevant Federal, State, or 
local environmental permits or construction approvals received or 
applied for by the MSWLF.
    g. Submit information to determine whether the sewage sludge placed 
on this MSWLF meets applicable requirements for disposal of sewage 
sludge on a MSWLF.
    Sewage sludge placed on a MSWLF must meet requirements in Part 258 
concerning the quality of materials placed on a MSWLF unit. In 
particular:
     Placement on a MSWLF of bulk or noncontainerized liquid 
waste, as determined using the Paint Filter Liquids Test (Method 9095 
in ``Test Methods for Evaluating Solid Wastes, Physical/Chemical 
Methods--EPA Pub. No. SW-846.), is prohibited.
     Placement on a MSWLF of a regulated hazardous waste, as 
defined in 40 CFR 261.3, is prohibited.
     If sewage sludge is used as a cover at a MSWLF, the MSWLF 
owner/operator must demonstrate that the sewage sludge is suitable for 
use as a cover, and that it provides sufficient control of disease 
vectors, fires, odors, blowing litter, and scavenging and does not 
present a threat to human health and the environment.
    h. Indicate whether the MSWLF complies with criteria set forth in 
40 CFR Part 258.
    Part 258 specifies minimum Federal criteria for MSWLFs, including 
landfills that accept sewage sludge along with household waste. Among 
these requirements are location restrictions, facility design and 
operating criteria, ground-water monitoring, and corrective action, 
closure and post-closure care, along with financial assurance 
requirements. In contrast to Part 503, Part 258 controls sewage sludge 
placed on MSWLFs through a facility design and management practice 
approach. In Part 503, EPA has adopted the Part 258 criteria as the 
appropriate standard for sewage sludge disposed of with municipal 
waste. EPA concluded that if sewage sludge is disposed of in a MSWLF 
complying with Part 258 criteria, public health and the environment are 
protected.
    Note that the POTW is legally responsible for knowing whether a 
MSWLF is in compliance with Part 258 and may be liable if it sends its 
sludge to an MSWLF that is not in compliance with Part 258.

Section C: Land Application of Bulk Sewage Sludge

    Complete this section if you completed Section B.7 (Land 
Application of Bulk Sewage Sludge). Unless the permitting authority 
specifically requires you to complete this section, you may skip this 
section for sewage sludge that is covered in any of the following 
sections of this application:
     Section B.4 (the sewage sludge meets the ceiling 
concentrations in Table 1 of Sec. 503.13(b)(1), the pollutant 
concentrations in Table 3 of Sec. 503.13(b)(3), the Class A pathogen 
reduction requirements in Sec. 503.32(a), and one of the vector 
attraction reduction options in Sec. 503.33(b) (1)-(8)). Such sewage 
sludges are exempt from the general requirements and management 
practices of Part 503 when they are land applied (unless the permitting 
authority requires otherwise), and thus the site information in Section 
C is not required for permitting.
     Section B.5 (the sewage sludge is placed in a bag or other 
container for sale or give-away for application to the land). Section C 
does not cover the sale or give-away of sewage sludge in a bag or other 
container for application to the land because EPA typically will not 
control the users of such sewage sludge (typically, home gardeners or 
other small-scale users), or the land on which the sludge is applied, 
through the generator's permit.
     Section B.6 (the sewage sludge is sent to another facility 
for treatment or for blending). Section C does not apply to a generator 
that sends sewage sludge to another facility for treatment or for 
blending, because the Part 503 requirements addressed by Section C will 
largely be the responsibility of the receiving facility.
    Bulk sewage sludge is defined as sewage sludge that is not sold or 
given away in a bag or other container for application to the land. (A 
bag or other container includes an open or closed receptacle such as a 
bucket, box, carton, or vehicle or trailer with a load capacity of one 
metric ton or less.)
    Provide the information in this section for each land application 
site that has been identified at the time of permit application. Attach 
additional pages as necessary. In cases where the sewage sludge is 
applied to numerous sites with similar characteristics, you may combine 
the information for several sites under a single response (the name and 
address of each site must still be provided, however).
    C.1. Identification of Land Application Site.
    a. Provide the site name or number. The name or number is any 
designation commonly used to refer to the site. If the site has been 
previously designated in another permit, use that designation.
    b. Answer either question 1 or question 2.
    1. Provide the physical location (street address) of the land 
application site. If the site lacks a street address or route number, 
provide the most accurate alternative geographic information (e.g., 
township and range, section or quarter section number, nearby highway 
intersection).
    2. Provide the latitude and longitude of the facility. If a map was 
used to obtain latitude and longitude, provide map datum (e.g., NAD 27, 
NAD 83) and map scale (e.g., 1:24000, 1:100000).
    C.2. Owner Information.
    a. Indicate whether you are the owner of this land application 
site. For purposes of this form, the owner is the person that owns a 
part of or the entire land application site.
    b. If you are not the owner of this land application site, provide 
the name, telephone number, and complete mailing address for the site 
owner.
    C.3. Applier Information.
    a. Indicate whether you are the person who applies sewage sludge to 
this land application site.
    b. If you are not the person who applies sewage sludge to this land 
application site, provide the name, 

[[Page 62655]]
telephone number, and mailing address of the person who applies sewage 
sludge to this land application site.
    C.4. Site Type. The ``type of land application site'' is the 
intended end use of the land. Part 503 regulates bulk sewage sludge 
applied to agricultural land, forest, public contact sites, reclamation 
sites, and lawns and home gardens. Proper identification of the type of 
land application site is important because the applicable Part 503 
requirements--and thus permit conditions--differ according to the type 
of site.
    Agricultural land is land on which a food crop, a feed crop, or a 
fiber crop is grown. This includes range land, which is open land with 
indigenous vegetation, and pasture, which is land on which animals feed 
directly on crops such as grasses, grain stubble, or stover.
    Forest is a tract of land thick with trees and underbrush.
    A public contact site is land with a high potential for contact by 
the public. Public contact sites include public parks, ball fields, 
cemeteries, plant nurseries, turf farms, and golf courses.
    A reclamation site is land that has been drastically disturbed by 
strip mining, fires, construction, etc. As part of the reclamation 
process, sewage sludge is applied for its nutrient and soil 
conditioning properties to help stabilize and revegetate the land.
    C.5. Crop or Other Vegetation Grown on Site.
    a. Identify the type of crop or other vegetation grown on this land 
application site. If the crop or vegetation to be grown on the site is 
not yet known, or is likely to change in an unforeseeable manner during 
the life of the permit, you may so indicate instead of providing the 
type of crop or other vegetation.
    b. Provide the nitrogen requirement for the crop or other 
vegetation listed in C.5.a. Information on the nitrogen content of 
vegetation grown on the site may be obtained from local agricultural 
extension services, a local Farm Advisor's Office, or published 
sources.
    C.6. Vector Attraction Reduction. Identify any vector attraction 
reduction requirements that are met at the land application site.
    a. Specifically, indicate whether vector attraction reduction 
option 9 (injection below soil surface) or option 10 (incorporation 
into soil within 6 hours) is met.
    Bulk sewage sludge that is applied to the land may meet any of 
vector attraction reduction options 1-10, as identified in 
Sec. 503.33(b) (1)-(10), respectively. Options 1-8 were covered in 
Section B.3, which requests information on sewage sludge treatment at 
the facility generating the sewage sludge. If you met any of options 1-
8 (e.g., processes to reduce volatile solids, reduce specific oxygen 
uptake rate, raise pH, raise percent solids), you should have 
identified that option in Question B.3.c and described how the option 
is met in Question B.3.d.
    By contrast, vector attraction reduction options 9 and 10 are 
typically met at the land application site. Options 9 and 10 are not 
available for sewage sludge applied to a lawn or home garden.
    b. Provide a written description of how the vector attraction 
reduction is met.
    C.7. Ground-Water Monitoring. If any ground-water monitoring data 
are available for this land application site, submit the following with 
the application:
     Available ground-water monitoring data; and
     A written description of the well locations, approximate 
depth to ground water, and the ground-water monitoring procedures used 
to obtain these data (you may attach existing documentation to fulfill 
this requirement).
    For purposes of this form, ground-water monitoring means the 
installation and periodic sampling and analysis of small-diameter wells 
screened in the aquifer below the base of the deepest active sewage 
sludge unit.
    C.8. Cumulative Loadings and Remaining Allotments.
    Complete Section C.8. only for sewage sludge that is applied to the 
site subject to cumulative pollutant loading rates (CPLRs). Sewage 
sludge applied to the site on or before July 20, 1993, is not subject 
to this section.
    a. Indicate whether you have contacted the permitting authority in 
the State where the bulk sewage sludge will be applied to ascertain 
whether bulk sewage sludge subject to CPLRs has been applied to the 
site since July 20, 1993.
    If applicable, provide the name of the permitting authority and the 
name and phone number of the contact person at the permitting 
authority.
    You may not apply bulk sewage sludge subject to CPLRs to the site 
until you have contacted the permitting authority in that State.
    The permitting authority is either:
     The State, in cases where the State has an EPA-approved 
sewage sludge management program; or
     The EPA Region, in cases where a State sewage sludge 
management program has not yet been approved.
    If you answered yes to C.8.a, continue on to C.8.b. If you answered 
no, skip the rest of Section C.8.
    b. Indicate whether, based on your investigation in Section C.8.a 
or other information, sewage sludge subject to CPLRs has been applied 
to the site since July 20, 1993.
    If you answered yes to C.8.b, continue on to C.8.c. If you answered 
no, skip the rest of Section C.8.
    c. Provide the following information for every other facility that 
sends (or has sent since July 20, 1993) bulk sewage sludge subject to 
CPLRs to this site:
     The official or legal name of the facility. Do not use a 
colloquial name.
     If available, the name, title, and work telephone number 
of a person who is thoroughly familiar with the facility, and who can 
be contacted by the permitting authority if necessary.
     The complete mailing address at the facility where 
correspondence should be sent.

Section D: Surface Disposal

    Complete this section if you own or operate a surface disposal site 
and are required to submit a full permit application (i.e., Part 2 of 
Form 2S) at this time.
    A sewage sludge surface disposal site is, by definition, a 
treatment works treating domestic sewage, and the owner/operator of the 
site is required to apply for a permit. You are required to submit Part 
2 of this form (including Section D) if:
     The surface disposal site is already covered by an NPDES 
permit (e.g., a POTW's NPDES permit);
     You are requesting site-specific pollutant limits for an 
active sewage sludge unit at the surface disposal site; or
     You have been required by the permitting authority to 
submit a full permit application at this time.
    If none of these criteria apply, you should submit Part 1 instead 
of Part 2 (and may therefore skip Section D). Part 1 requests a limited 
amount of information from so-called ``sludge-only'' facilities 
(facilities without a currently-effective NPDES permit) that are not 
requesting site-specific permit limits and are not otherwise required 
to submit a full permit application at this time. Part 1 is intended to 
allow the permitting authority to identify these facilities, track 
sewage sludge use and disposal, and establish priorities for 
permitting.
    D.1. Information on Active Sewage Sludge Units. Complete Sections 
D1. through D5 for each active sewage sludge unit you own or operate. 
If you own or operate more than one active 

[[Page 62656]]
sewage sludge unit, attach additional pages as necessary.
    An active sewage sludge unit is an area of land on which only 
sewage sludge is placed for final disposal. Sewage sludge units 
include, but are not limited to, natural topographical depressions, 
man-made excavations, or diked areas designed to dispose of (not treat) 
sewage sludge. Sewage sludge units do not include areas where sewage 
sludge is generated as a result of ongoing treatment (e.g., polishing 
ponds) or land on which sewage sludge is placed for either treatment or 
storage. Sewage sludge may be stored on an area of land for a period 
equal to or less than two years. If sewage sludge remains on an area of 
land for greater than two years, the person who prepares the sewage 
sludge must develop a rationale for why the land should not be 
considered an active sewage sludge unit.
    Most requirements for surface disposal of sewage sludge under Part 
503 pertain to individual active sewage sludge units at a surface 
disposal site. Permit conditions for your facility may be developed on 
a unit-by-unit basis, or may be developed for the entire surface 
disposal site if all units are sufficiently similar.
    a. Provide the name or number of the active sewage sludge unit. The 
name or number is any designation commonly used to refer to the unit. 
If the active sewage sludge unit has been previously designated in 
another permit, use that designation.
    b. Provide the physical location (street address) of the active 
sewage sludge unit. If the active sewage sludge unit lacks a street 
address or route number, provide the most accurate alternative 
geographic information (e.g., township and range, section or quarter 
section number, nearby highway intersection).
    c. Provide the total dry metric tons per 365-day period placed on 
the active sewage sludge unit. The amount of sewage sludge placed on an 
active sewage sludge unit determines the frequency of monitoring for 
sewage sludge placed on the active sewage sludge unit.
    d. Provide the total number of dry metric tons of sewage sludge 
placed on the active sewage sludge unit over the life of the unit to 
date.
    e. Indicate whether the active sewage sludge unit has a liner. A 
liner is defined as soil or synthetic material with a maximum hydraulic 
conductivity (permeability) of 1  x  10-7 cm/sec.
    If the active sewage sludge unit has a liner, describe the material 
from which the liner is constructed and specify the design hydraulic 
conductivity of that material.
    f. Indicate whether the active sewage sludge unit has a leachate 
collection system. A leachate collection system is a system or device 
installed immediately above a liner that is designed, constructed, 
maintained, and operated to collect and remove leachate from a sewage 
sludge unit.
    If the active sewage sludge unit has a leachate collection system, 
describe how the system is designed and operated. Also describe the 
method used for leachate disposal, such as discharge to surface water 
(provide all applicable permit numbers) or disposal at a hazardous 
waste treatment, storage, or disposal facility (provide Federal, State, 
and local permit numbers for this facility).
    g. If you answered yes to both D.1.e and D.1.f, pollutant limits do 
not apply to the active sewage sludge unit.
    If the boundary of the active sewage sludge unit without a liner 
and leachate collection system is less than 150 meters from the 
property line of the surface disposal site, provide the actual distance 
in meters.
    When the boundary of an active sewage sludge unit without a liner 
and leachate collection system is less than 150 meters from the 
property line of the surface disposal site, the pollutant limits for 
the unit are determined according to the actual distance, as indicated 
in Table 2 of Sec. 503.23.
    h. Provide the remaining capacity of the active sewage sludge unit, 
in dry metric tons, and the anticipated closure date of the active 
sewage sludge unit, if known. Attach to the application a copy of any 
closure plan that has been developed for the active sewage sludge unit.
    D.2. Sewage Sludge from Other Facilities. If sewage sludge is sent 
to this active sewage sludge unit by any facilities other than your 
facility, complete this section for each such facility. If sewage 
sludge from more than one facility other than your facility is placed 
on this active sewage sludge unit, attach additional pages as 
necessary.
    a. Provide the official or legal name of the facility providing the 
sewage sludge. Do not use a colloquial name.
    b. Provide the name, title, and work telephone number of a person 
who is thoroughly familiar with the operation of the facility that is 
providing the sewage sludge, and who can be contacted by the permitting 
authority if necessary.
    c. Provide the complete mailing address of the facility providing 
the sewage sludge.
    d. Indicate the class of pathogen reduction that is achieved before 
sewage sludge leaves the facility that generates the sewage sludge.
    Options for meeting Class A pathogen reduction are listed at 
Sec. 503.32(a). Options for meeting Class B pathogen reduction are 
listed at Sec. 503.32(b).
    e. Provide a written description of any treatment processes used at 
the facility providing the sewage sludge to reduce pathogens in the 
sewage sludge, including, where applicable, how the treatment fulfills 
one of the options for meeting Class A or Class B pathogen reduction. 
You may attach existing documentation (e.g., technical or process 
specifications) to meet this requirement.
    f. Indicate whether any of the vector attraction reduction options 
1-8, (at Sec. 503.33(b) (1)-(8), respectively) are met at the facility 
providing the sewage sludge. Options 1-8 are typically met at the point 
of sewage sludge generation. Additional options are available, but 
these are typically met at the point of disposal.
    You may select ``none or unknown'' only if option 9 (injection 
below land surface), option 10 (incorporation into soil within six 
hours), or option 11 (daily cover) is met at the point of disposal at 
this active sewage sludge unit (see Section D.3.a).
    g. Provide a written description of any treatment processes used at 
the facility providing the sewage sludge to reduce vector attraction 
reduction characteristics of sewage sludge, including an indication of 
how the treatment fulfills one of options 1-8 for vector attraction 
reduction. You may attach existing documentation (e.g., technical or 
process specifications) to meet this requirement.
    h. Provide a written description of any other treatment processes 
at the facility providing the sewage sludge that are not described in 
D.2.d-D.2.g. You may attach existing documentation (e.g., technical or 
process specifications) to meet this requirement.
    D.3. Vector Attraction Reduction. Complete this section for each 
active sewage sludge unit.
    a. Indicate whether any of vector attraction reduction options 9-11 
(at Sec. 503.33(b) (9)-(11), respectively) are met when the sewage 
sludge is placed on this active sewage sludge unit.
    Sewage sludge placed on an active sewage sludge unit must meet one 
of vector attraction reduction options defined at Sec. 503.33(b) (1)-
(11). Options 1-8 are typically met at the point of sewage sludge 
generation (see Question D.2.f). Options 9-11 are typically met at the 
point of disposal. 

[[Page 62657]]

    b. Provide a written description of any treatment processes used at 
the active sewage sludge unit to reduce vector attraction reduction 
characteristics of sewage sludge, including an indication of how the 
treatment fulfills one of options 9-11 for vector attraction reduction. 
You may attach existing documentation (e.g., technical or process 
specifications) to meet this requirement.
    D.4. Ground-Water Monitoring.
    Placement of sewage sludge on an active sewage sludge unit must not 
contaminate an aquifer. Compliance must be demonstrated through either: 
(1) the results of a ground-water monitoring program developed by a 
qualified ground-water scientist, or (2) certification by a qualified 
ground-water scientist that contamination has not occurred.
    Contaminate an aquifer means to introduce a substance that causes 
the maximum contaminant level (MCL) for nitrate in 40 CFR 141.11 to be 
exceeded in ground water, or that causes the existing concentration of 
nitrate in ground water to increase when the existing concentration of 
nitrate in the ground water exceeds the MCL for nitrate in 40 CFR 
141.11.
    The MCL for nitrate is 10 milligrams/liter.
    This section solicits existing ground-water monitoring data and 
other documentation to indicate the potential for contamination of an 
aquifer at the active sewage sludge unit, and the capability of the 
owner/operator of the surface disposal site to demonstrate that 
contamination has not occurred.
    a. If ground-water monitoring is conducted for this active sewage 
sludge unit, provide the following:
     Available ground-water monitoring data; and
     A written description of the well locations, approximate 
depth to ground water, and the ground-water monitoring procedures used 
to obtain these data (you may attach existing documentation to fulfill 
this requirement).
    For purposes of this application, ground-water monitoring means the 
installation and periodic sampling and analysis of small-diameter wells 
in the aquifer below the base of the deepest active sewage sludge unit.
    b. If a ground-water monitoring program has been prepared for this 
active sewage sludge unit (regardless of whether ground-water 
monitoring is currently conducted), submit a copy of the program with 
this permit application. The program should include the number, depth, 
and location of all wells; the frequency and method of sampling; and 
the parameters for which the ground water is tested.
    c. If you have obtained a certification from a qualified ground-
water scientist that contamination of the aquifer below the active 
sewage sludge unit has not occurred, submit a copy of the certification 
with this permit application.
    A qualified ground-water scientist is an individual with a 
baccalaureate or post-graduate degree in the natural sciences or 
engineering who has sufficient training and experience in ground-water 
hydrology and related fields, as may be demonstrated by State 
registration, professional certification, or completion of accredited 
university programs, to make sound professional judgments regarding 
ground-water monitoring, pollutant fate and transport, and corrective 
action.
    D.5. Site-Specific Limits. Indicate whether you are seeking site-
specific pollutant limits in your permit for the sewage sludge placed 
on this active sewage sludge unit.
    After August 18, 1993, you are allowed to seek site-specific 
pollutant limits only for good cause, and must do so within 180 days of 
becoming aware that good cause exists. If you request site-specific 
pollutant limits with this permit application, you are required to 
submit information supporting the request, including a demonstration 
that existing values for site parameters specified by the permitting 
authority differ from the values for those parameters used to develop 
the pollutant limits in Table 1 of Sec. 503.23. You must also submit 
follow-up information at the request of the permitting authority.
    If the permitting authority determines that site-specific pollutant 
limits are appropriate, the permitting authority may specify site-
specific limits in the permit as long as the existing concentrations of 
the pollutants in the sewage sludge are not exceeded.

Section E: Incineration

    Complete this section if you own or operate a sewage sludge 
incinerator. If you own or operate more than one sewage sludge 
incinerator, complete this section for each incinerator unit. Attach 
additional pages as necessary.
    A sewage sludge incinerator is, by definition, a treatment works 
treating domestic sewage, and the owner/operator of a sewage sludge 
incinerator is required to submit a full permit application (i.e., Part 
2 of Form 2S).
    E.1. Incinerator Identification.
    a. Provide the name or number of the sewage sludge incinerator 
unit. The name or number is any designation commonly used to refer to 
the unit. If the unit has been previously designated in another permit, 
use that designation.
    b. Provide the physical location (street address) of the sewage 
sludge incinerator. If the incinerator lacks a street address or route 
number, provide the most accurate alternative geographic information 
(e.g., township and range, section or quarter section number, nearby 
highway intersection).
    E.2. Amount Fired. Provide the total dry metric tons of sewage 
sludge (dry weight basis) fired in the sewage sludge incinerator unit 
per 365-day period.
    E.3. Beryllium NESHAP.
    The firing of sewage sludge in a sewage sludge incinerator must not 
violate the National Emission Standard (NESHAP) for beryllium as 
established in Subpart C of 40 CFR Part 61. The beryllium NESHAP only 
applies, however, to sewage sludge incinerators firing ``beryllium-
containing waste.'' The beryllium NESHAP is 10 grams of beryllium in 
the exit gas over a 24-hour period, unless the incinerator owner/
operator has been approved to meet a 30-day average ambient 
concentration limit on beryllium in the vicinity of the sewage sludge 
incinerator of 0.01 g/m\3\. Complete this section to 
demonstrate compliance with the beryllium NESHAP.
    a. Indicate whether sewage sludge fired in this sewage sludge 
incinerator is beryllium-containing waste. Beryllium-containing waste 
is material contaminated with beryllium or beryllium compounds used or 
generated during any process or operation performed by one of several 
sources.
    Submit information, test data, and a description of measures taken 
that demonstrate whether the sewage sludge fired in this sewage sludge 
incinerator is beryllium-containing waste, and will continue to remain 
as such.
    b. If the sewage sludge fired in this sewage sludge incinerator is 
beryllium-containing waste, submit a complete report of the latest 
beryllium emission rate testing, as well as documentation of ongoing 
incinerator operating parameters indicating that the NESHAP emission 
rate limit for beryllium has been and will continue to be met.
    E.4. Mercury NESHAP.
    The firing of sewage sludge in a sewage sludge incinerator must not 
violate the NESHAP for mercury as established in Subpart E of 40 CFR 
Part 61. Complete this section to demonstrate compliance with the 
mercury NESHAP.
    a. Indicate whether stack testing or sewage sludge sampling is 
being used to demonstrate compliance with the mercury NESHAP. If stack 
testing is 

[[Page 62658]]
used, complete E.4.b. below. If sewage sludge sampling is used, 
complete E.4.c. below.
    b. Stack testing option. Stack testing must be conducted using 
Method 101A in 40 CFR Part 61, Appendix B (``Determination of 
Particulate and Gaseous Mercury Emissions from Sewage Sludge 
Incinerators''). The total quantity of mercury emitted into the 
atmosphere from all incinerators at a site must not exceed 3200 grams 
over a 24-hour period.
    If stack testing is used, submit the following with this 
application:
     A complete report of stack testing and documentation of 
ongoing incinerator operating parameters indicating that the 
incinerator has and will continue to meet the mercury NESHAP emission 
rate limit.
     Copies of mercury emission rate tests for the two most 
recent years in which testing was conducted.
    c. Sampling option. Sewage sludge must be sampled and analyzed 
using Method 105 in 40 CFR Part 61 Appendix B (``Determination of 
Mercury in Wastewater Treatment Plant Sewage Sludge''), and the mercury 
emissions calculated using the following equation must not exceed 3200 
grams over a 24-hour period:
[GRAPHIC][TIFF OMITTED]TP06DE95.046

where:

EHg=mercury emissions, g/day
M=mercury concentration in sewage sludge on a dry solids basis, in 
micrograms/gram
Q=sludge charging rate, in kg/day
Fsm = weight fraction of solids in the collected sewage sludge 
after mixing.

    If sewage sludge sampling is used, submit a complete report of 
sewage sludge sampling and documentation of ongoing incinerator 
operating parameters indicating that the incinerator has and will 
continue to meet the mercury NESHAP emission rate limit.
    E.5. Dispersion Factor.
    a. Provide the dispersion factor, in micrograms/cubic meter/gram/
second, for the sewage sludge incinerator.
    The dispersion factor is the ratio of the increase in the ground-
level ambient air concentration for a pollutant at or beyond the 
property line of the site where the sewage sludge incinerator is 
located to the mass emission rate for the pollutant from the 
incinerator stack. The dispersion factor is calculated individually by 
each applicant based on the results of an air dispersion model 
specified by the permitting authority.
    b. Provide the name and type of the air dispersion model used to 
obtain the dispersion factor.
    Approved air dispersion models are listed in EPA's Guideline on Air 
Quality Models and EPA's Support Center for Regulatory Air Models 
(SCRAM) bulletin board. Unless a pre-existing modeling effort has been 
used to calculate dispersion factor (and the results have been approved 
by EPA), you should work closely with the permitting authority to 
prepare a modeling protocol.
    c. Submit a copy of the modeling results and supporting 
documentation with this application.
    E.6. Control Efficiency.
    a. Provide the control efficiency, in hundredths, for arsenic, 
cadmium, chromium, lead, and nickel at this sewage sludge incinerator.
    Control efficiency is the mass of a pollutant in the sewage sludge 
fed to an incinerator minus the mass of that pollutant in the exit gas 
from the incinerator stack, divided by the mass of the pollutant in the 
sewage sludge fed to the incinerator.
    b. Submit a copy of the results of performance testing and 
supporting documentation, including testing dates.
    Control efficiency must be determined by a performance test, the 
protocol for which must be approved by EPA.
    E.7. Risk Specific Concentration for Chromium. The risk specific 
concentration (RSC) for arsenic, cadmium, chromium, and nickel is used 
to calculate pollutant limits for these metals in the permit. With the 
exception of chromium, the RSC for these metals is provided in Table 1 
of Sec. 503.43. The RSC for chromium, however, may be determined in two 
ways: (1) it may be located in Table 2 of Sec. 503.43 according to the 
type of incinerator; or (2) it may be calculated based on the ratio of 
hexavalent chromium to total chromium in the exhaust stack gas.
    a. Provide the RSC to be used in establishing a permit limit for 
chromium, in micrograms per cubic meter.
    b. Specify whether the RSC was:
     Provided in Table 2 of Sec. 503.43; or
     Calculated, using Equation 6 in 40 CFR 503.43, based on 
the ratio of hexavalent chromium to total chromium in the exhaust stack 
gas.
    c. If the RSC was looked up in Table 2 of Sec. 503.43, identify 
which category of incinerator type you used to obtain the RSC.
    d. If you calculated the RSC using Equation 6 in 40 CFR 503.43, 
provide the decimal fraction of hexavalent chromium concentration to 
total chromium concentration in the stack exit gas. Also submit the 
results of incinerator stack tests for hexavalent and total chromium 
concentrations, including date(s) of test.
    E.8. Operational Standard for Total Hydrocarbons (THC) or Carbon 
Monoxide (CO).
    Total hydrocarbons (THC) means the organic compounds in the exit 
gas from a sewage sludge incinerator stack, as measured using a flame 
ionization detection instrument referenced to propane. Carbon monoxide 
(CO) can be monitored instead of THC. The operational standard for THC 
or CO requires that the THC or CO concentration in the exit gas be 
corrected for zero percent moisture and to seven percent oxygen.
    a. Provide the raw value for the THC or CO concentration in stack 
emissions, in parts per million (ppm). The raw value is the 
concentration measured directly by the flame ionization detection 
instrument.
    b. Provide the percent of moisture content in stack gas. This is 
used to correct the raw THC or CO concentration value for zero percent 
moisture.
    c. Provide percent oxygen concentration in stack gas (in dry 
volume/dry volume). This is used, after correction of the THC or CO 
concentration for zero percent moisture, to correct the THC or CO 
concentration to seven percent oxygen.
    d. Provide the corrected value for the THC or CO concentration in 
stack emissions, in ppm. The corrected value is the raw concentration, 
corrected for zero percent moisture and to seven percent oxygen.
    The raw THC or CO value is first corrected for zero percent 
moisture by multiplying by the following correction factor (from 40 CFR 
503.44):
[GRAPHIC][TIFF OMITTED]TP06DE95.047

where X is the decimal fraction of the percent moisture in the sewage 
sludge incinerator exit gas in hundredths.

    The dry value is then corrected to seven percent oxygen using the 
correction factor determined according to the following equation:
[GRAPHIC][TIFF OMITTED]TP06DE95.048

where Y = percent oxygen concentration in the sewage sludge incinerator 
stack exit gas (dry volume/dry volume).

    e. Submit documentation used to derive the raw THC or CO 

[[Page 62659]]
    concentration, moisture content, oxygen concentration, and corrected 
THC or CO concentration.
    E.9. Operating Parameters.
    a. Provide the type of sewage sludge incinerator--i.e., whether the 
incinerator is multiple hearth, fluidized bed, flash drying, electric 
furnace, or other.
    b. Provide with the application the following data on combustion 
temperature: temperature data (including testing date(s)), a 
description of temperature measurement and data recording and handling 
systems, and a description of how such combustion temperature data have 
been averaged.
    The permitting authority will use performance test data to specify 
the maximum combustion temperature in the permit as a ``never to 
exceed'' value. Regulated facilities must also install, calibrate, 
operate, and maintain an instrument that measures and records 
combustion temperatures continuously.
    c. Provide the sewage sludge feed rate in dry metric tons per day, 
and indicate whether the average daily amount or the maximum design 
capacity feed rate was used. Submit supporting documentation describing 
how the feed rate was calculated.
    The average daily amount feed rate is the average daily amount of 
sewage sludge fired in all sewage sludge incinerators within the 
property line of the site where the sewage sludge incinerators are 
located for the number of days in a 365-day period that each sewage 
sludge incinerator operates.
    The maximum design capacity feed rate is the average daily design 
capacity for all sewage sludge incinerators within the property line of 
the site where the sewage sludge incinerators are located.
    The permitting authority will use the feed rate you report as the 
basis for calculating pollutant limits and will include it as an 
enforceable condition in the permit.
    d. Provide the incinerator stack height (in meters) for each stack, 
and indicate whether actual or creditable stack height was used.
    The actual stack height is the difference between the elevation at 
the top of the stack and the elevation of the ground at the base of the 
stack, when the difference is equal to or less than 65 meters.
    The creditable stack height is used if the difference is greater 
than 65 meters. This is determined in accordance with 40 CFR 
51.100(ii).
    e. Submit information documenting the operating parameters for the 
air pollution control device(s) used for this sewage sludge 
incinerator.
    E.10. Monitoring Equipment. Provide a detailed list of the 
equipment in place to monitor total hydrocarbons or carbon monoxide, 
percent oxygen, moisture content, and combustion temperature. 
Monitoring equipment includes, but is not limited to, thermocouples, 
oxygen continuous emissions monitors, furnace temperature gauges, 
sewage sludge and auxiliary fuel feed rate monitors, differential 
pressure detectors, liquid or gas flow detectors, and air pollution 
control devices.
    E.11. Air Pollution Control Equipment. Provide a list of the 
equipment in place to control emissions from the sewage sludge 
incinerator stack. Indicate the type and capacity for each piece of 
equipment listed.
[FR Doc. 95-28213 Filed 12-5-95; 8:45 am]
BILLING CODE 6560-50-P