[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Notices]
[Pages 5248-5254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2722]




[[Page 5247]]

_______________________________________________________________________

Part VII





Environmental Protection Agency





_______________________________________________________________________



Technical Correction; Final National Pollutant Discharge Elimination 
System Storm Water Multi-Sector General Permit for Industrial 
Activities; Notice

  Federal Register / Vol. 61, No. 28 / Friday, February 9, 1996 / 
Notices   

[[Page 5248]]


ENVIRONMENTAL PROTECTION AGENCY

[FRL-5411-8]


Technical Correction; Final National Pollutant Discharge 
Elimination System Storm Water Multi-Sector General Permit for 
Industrial Activities

Agency: Environmental Protection Agency.

Action: Corrections; technical amendments: deadline extensions for 
applicants under the storm water multi-sector general permit; and 
Notice of final NPDES storm water general permit for Alaska.

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

Summary: This action corrects typographical errors and inadvertent 
omissions in the text of ``Final National Pollutant Discharge 
Elimination System (NPDES) Storm Water Multi-Sector General Permit for 
Industrial Activities'' (MSGP) which was published on Friday, September 
29, 1995.
    This action also provides notice of deadline extensions for 
submittal of a Notice of Intent (NOI) to be covered by the MSGP and the 
development and implementation of MSGP storm water pollution prevention 
plans (SWPPP). The deadline extension provides additional time for 
applicants to review MSGP requirements and to decide whether they wish 
to seek coverage under the MSGP or the applicable baseline general 
permit.
    This action also provides notice for the final NPDES MSGP for storm 
water discharges associated with industrial activity in the state of 
Alaska.

Effective Date: Today's corrections are effective February 9, 1996. In 
accordance with 40 CFR 23.2, EPA is now explicitly providing that the 
permits shall be considered final for the purposes of judicial review 
at 1 p.m. (Eastern time) on October 13, 1995.

For Further Information Contact: Marilyn Fonseca at 202-260-0592.

Supplementary Information:  Section 553 of the Administrative Procedure 
Act provides that the required publication or service of a substantive 
rule shall be made not less than 30 days before its effective date 
except, as relevant here, (1) for a substantive rule which grants or 
recognizes an exemption or relieves a restriction or (2) when the 
agency finds and publishes good cause for foregoing delayed 
effectiveness. To the extent general permits may be substantive rule, 
the deadline extensions in today's notice relieve permit applicants 
from obligations associated with those deadlines. Similarly, EPA also 
has determined that good cause exists for making the corrections in 
today's notice effective immediately because the changes are purely 
technical in nature. Finally, when the multi sector permits were 
published on September 29, 1995, EPA neglected to explicitly provide a 
date on which the permits would be considered final for the purposes of 
judicial review.

I. Introduction
II. Deadlines
III. Technical Corrections
    A. Benchmark Value for Zinc
    B. 401 Certification Conditions
    C. Minor Typographical and Editorial Changes
IV. Notice of Final NPDES Storm Water Permit in Alaska
    A. Contacts
    B. Paperwork Reduction Act
    C. Section 401 Certifications
    D. Other Considerations under Federal Law

I. Introduction

    On September 29, 1995, (60 FR 50804) EPA published final NPDES 
Multi-Sector General Permits (MSGP) for storm water discharges 
associated with industrial activity in the following areas: the States 
of Arizona, Florida, Idaho, Louisiana, Maine, Massachusetts, New 
Hampshire, New Mexico, Oklahoma, and Texas; the District of Columbia; 
Johnston Atoll, and Midway and Wake Islands; the Commonwealth of Puerto 
Rico; Federal Indian Reservations in Alaska, Arizona, California, 
Connecticut, Idaho, Louisiana, Maine, Massachusetts, Nevada, New 
Hampshire, New Mexico, Oklahoma, Oregon, Rhode Island, Texas, Utah 
(only the Navajo and Goshute Reservations), Vermont, and Washington; 
and Federal facilities located in Arizona, the Commonwealth of Puerto 
Rico, the District of Columbia, Delaware, Idaho, Johnston Atoll, Midway 
and Wake Islands, Vermont, and Washington.
    Today's notice corrects typographical errors, and inadvertent 
omissions in the text of the MSGP as well as clarifies the fact sheet 
to the permit. Today's notice also extends deadlines for the submittal 
of a Notice of Intent (NOI) to be covered by the MSGP and the 
development and implementation of required Storm Water Pollution 
Prevention Plans (SWPPPs). Finally, this action provides notice for the 
final NPDES storm water MSGP for storm water discharges associated with 
industrial activity in the state of Alaska.

II. Deadlines

    Sections II.A.5. and IV.A.7. of the permit, authorize the Director 
to extend deadlines for certain actions required of individual 
permittees. EPA has received a number of requests from applicants to 
extend the MSGP deadlines for submittal of the NOI. After careful 
consideration of the deadlines for submitting NOIs and developing the 
storm water pollution prevention plan required by the MSGP, EPA is 
extending the deadlines for the submittal of an NOI to be covered by 
the storm water MSGP and the development of the SWPPP. This deadline 
extension will provide MSGP applicants more time to study the sector 
specific requirements in the permit and to decide whether they wish to 
seek coverage under the MSGP or the baseline general permit. The new 
deadline for submittal of an NOI to be covered by the MSGP is March 29, 
1996. The new deadline for development and implementation of the SWPPP 
required by the storm water MSGP is September 25, 1996.
    Some group applicants may decide to seek coverage under the storm 
water baseline general permit instead of the MSGP. The storm water 
baseline general permit was published in the Federal Register (57 FR 
41236, September 9, 1992). Group applicants choosing the storm water 
baseline general permit instead of the MSGP must submit their NOI to be 
covered under the baseline general permit by March 29, 1996. Please 
note that claiming coverage under the baseline general permit at this 
time would require that a facility's SWPPP be developed and implemented 
prior to submittal of the NOI. Therefore, facilities choosing the 
baseline general permit should develop and implement their SWPPP prior 
to the submittal of the NOI under the baseline general permit.
    With regard to activities currently covered, some eligible 
facilities previously covered by EPA's storm water baseline general 
permit (57 FR 41236, September 9, 1992), may elect to be covered by the 
MSGP. These facilities must submit an NOI to be covered by the MSGP and 
Notice of Termination (NOT) for the baseline general permit. The 
deadline for these facilities to switch from the baseline general 
permit to the MSGP, is also March 29, 1996. Please note that the SWPPP 
developed for such facilities must incorporate any changes required by 
the MSGP.
    Deadlines for submitting NOIs for new facilities and new operators 
of facilities, as described in the MSGP (60 FR 51113, September 29, 
1995) remain unchanged by today's notice.

III. Technical Corrections

    The Final NPDES Storm Water MSGP that was published on September 
29, 1995 (60 FR 50804) contains several errors and omissions. Today's 
notice 

[[Page 5249]]
corrects minor typographical and editorial errors as well as 
inadvertent omissions in the permit for the benchmark values for zinc 
and the 401 certification conditions for some of the states.

A. Benchmark Value for Zinc

    The benchmark value for zinc was listed in error as 0.065 mg/l 
throughout the permit and fact sheet. As explained in the fact sheet to 
the final permits, the benchmark values for all hardness dependent 
pollutants were adjusted between the proposed and final permits based 
on a reconsidered average national hardness value of 100 mg/l CaCO3; 
rather than 50 mg/l CaCO3 as used in the proposed permit. The benchmark 
values for these pollutants thereby increased proportionately due to 
the higher hardness value. The benchmark value for zinc in the permit 
and fact sheet text was erroneously not revised to reflect the new 
hardness value. The benchmark value for zinc should therefore be 
revised to read 0.117 mg/l. The permit page number, table and sector 
where the benchmark value for zinc was published and should be revised 
to read 0.117 mg/l are as follows: page 51128 (Table A1) in the Timber 
Products Sector; page 51138 (Table C2, C4, C5) in the Chemical and 
Allied Products Manufacturing Sector; page 51153 (Table F1, F2, F3, F4) 
in the Primary Metals Sector; page 51195 (Table N1) in the Scrap 
Recycling and Waste Recycling Sector; page 51209 (Table Q1) in the 
Water Transportation Sector; page 51239 (Table Y1) in the Rubber, 
Miscellaneous Plastic Products and Miscellaneous Manufacturing Sector 
and 51248 (Table AA1, AA2) in the Fabricated Metal Products Sector.
    The corresponding fact sheet page number, table and sector (if 
applicable) where the incorrect benchmark value for zinc appears are as 
follows: page 50826 (Table 5); page 50843 (Table A7) in the Timber 
Products Sector; page 50858 (Tables C11, C13, C14) in the Chemical and 
Allied Products Manufacturing Sector; page 50886 (Tables F7, F8, F9, 
F10) in the Primary Metals Sector; pages 50957 and 50969 (Tables N6, 
N18) in the Scrap Recycling and Waste Recycling Sector; page 50990 
(Table Q4) in the Water Transportation Sector; page 51039 (Table Y6) in 
the Rubber, Miscellaneous Plastic Products and Miscellaneous 
Manufacturing Sector and page 51053 (Table AA5, AA6) in the Fabricated 
Metal Products Sector.

B. 401 Certification Conditions

    The 401 certification conditions for the states of Massachusetts 
and Idaho were inadvertently omitted from the permit which is revised 
accordingly. In addition, some of the 401 conditions for Texas were 
duplicated so the permit is revised to eliminate the duplicate 
sections. The 401 conditions for Texas are also being revised to 
include a footnote in order to reduce confusion over which permittees 
are subject to whole effluent toxicity (WET) testing. The New Mexico 
401 conditions contained typographical errors that inadvertently 
omitted ammonia (NH3) from the list of monitoring parameters for 2 
industrial subsectors and the permit is revised accordingly. Finally, 
the Washington Federal Indian reservations 401 certification has now 
been clarified to include specific conditions submitted by the Puyallup 
Indian tribe.
    More specifically, Massachusett's 401 conditions have been revised 
to provide that all new or increased discharges in the Commonwealth of 
Massachusetts must comply with Massachusetts law at 314 CMR 4.00, 
particularly as it applies to Outstanding Resource Waters, prior to 
seeking authorization to discharge under this permit. For more 
information please contact the Massachusetts Department of 
Environmental Protection at (508) 792-7470 or (617) 338-2255. Part XII 
of the permit on page 51255 and the table of contents on page 51111 are 
revised to include these 401 conditions. The corresponding fact sheet 
reference is on page 51064.
    In addition, Idaho's 401 conditions have been revised to provide 
that the SWPPP must comply with the current Idaho Water Quality 
Standards. The applicant must send the Regional IDEQ office a copy of 
the NOI. When so requested by IDEQ, the permittee must provide a copy 
of the SWPPP to IDEQ within 72 hours. Failure to provide the SWPPP to 
IDEQ within the 72-hour time limit will be grounds for cancellation of 
the general permit authorization due to failure to comply with the 
state's 401 certification terms. Part XII of the permit on page 51263 
and the table of contents on page 51111 are revised to include these 
401 conditions. The corresponding fact sheet reference is on page 
51067.
    The Texas 401 conditions listed in the permit contain duplications. 
On page 51260 and 51261 of the permit, Part V describes numeric 
effluent limitations and contains 2 sections. One section describes 
discharges to inland waters and the other section describes discharges 
to tidal waters. Each section contains 1 table. The sections on 
discharges to inland waters and discharges to tidal waters are 
duplicated on pages 51261 and 51262 of the permit. The permit is 
revised today to eliminate these duplicate sections.
    In addition, Texas 401 conditions require whole effluent toxicity 
testing for certain facilities in Part V.D. of the permit. A footnote 
is added to the permit to clarify who is required to perform such 
toxicity testing. The footnote will be added to the first sentence of 
Part V.D. Toxicity Testing. The footnote clarifies that the toxicity 
testing requirement applies only to facilities that have demonstrated 
significant lethality in any prior whole effluent toxicity tests on 
their storm water discharges and have failed to control this toxicity. 
It does not require facilities that have never demonstrated toxicity to 
conduct such testing for the purposes of the permit. Page 51066 of the 
fact sheet should be updated accordingly.
    New Mexico 401 conditions require additional monitoring for the 
Paperboard mills subsector of the Paper and Allied Products 
Manufacturing sector and the meat products subsector of the Food and 
Kindred Products sector. Typographical errors on pages 51257 and 51259 
of the permit inadvertently omitted ammonia (NH3) from the monitoring 
lists for the paperboard mill subsector and the meat products 
subsector. The permit is revised today to include these monitoring 
parameters for these subsectors in the State of New Mexico.
    Finally, the Washington Federal Indian Reservation permit 
certification has been clarified to include the following 401 
certification conditions submitted by the Puyallup Tribe of Indians for 
discharges subject to the Puyallup Tribe's Water Quality Standards: 
``Discharges authorized by this permit shall not cause or contribute to 
a violation of any applicable water quality standard contained in the 
Water Quality Standards for Surface Waters of the Puyallup Tribe, Title 
10 of the Puyallup Tribal codes and Regulations, for discharges to 
waters and water pollution sources on trust or restricted lands which 
are subject to the Puyallup Tribe's Water Quality Standards.'' For more 
information please contact the Puyallup Tribe of Indians Environmental 
Protection Department at (206) 597-6200. Part XII of the permit on page 
51263 and the table of contents on page 51111 are revised to include 
these 401 conditions. The corresponding fact sheet reference is page 
51067.

C. Minor typographical and editorial changes

    On page 50830 of the fact sheet, for facilities subject to special 
permit 

[[Page 5250]]
requirements based on the presence of SARA Title III, Section 313 
chemicals, there is a reference to an Appendix A that lists 44 
additional water priority chemicals. The reference should have referred 
the reader to Addendum A.
    On page 50832 of the fact sheet, in the section that lists 
addresses for other submittals of information for the states of 
Louisiana, New Mexico, Oklahoma, and Texas and Federal Indian 
Reservations in Louisiana, New Mexico (except Navajo and Ute Mountain 
Lands), Oklahoma, and Texas the address was listed incorrectly. The 
address should read: EPA, Region VI, Enforcement and Compliance 
Assurance Division, (6EN-WC), EPA SW MSGP, P.O. Box 50625, Dallas, TX 
75250.
    On page 50998 of the fact sheet, the second paragraph of Section 2, 
inadvertently discusses total Kjeldahl Nitrogen (TKN) in connection 
with pollutants found in storm water discharges from vehicle 
maintenance areas, equipment cleaning areas, or deicing areas located 
at air transportation facilities. Ammonia (NH3) should be included in 
the discussion in lieu of TKN.
    On page 51118 of the permit, in the section entitled Reporting: 
Where to Submit, the address was listed incorrectly for the states of 
Louisiana, New Mexico, Oklahoma, and Texas and Federal Indian 
Reservations in Louisiana, New Mexico (except Navajo and Ute Mountain 
Lands), Oklahoma, and Texas. The address should read: EPA, Region VI, 
Enforcement and Compliance Assurance Division, (6EN-WC), EPA SW MSGP, 
P.O. Box 50625, Dallas, TX 75250.

IV. Notice of Final NPDES Storm Water Permit in Alaska

    On November 19, 1993, EPA proposed the MSGP in Alaska. EPA was not 
able to provide notice of the final permit in Alaska on September 29, 
1995 when the MSGP was previously published. Today's action finalizes 
the NPDES MSGP for storm water discharges associated with industrial 
activity in the state of Alaska. The MSGP covers storm water discharges 
from a wide variety of industrial activities. The permit contains 
industry-specific sections that describe the storm water pollution 
prevention plan requirements, the numeric effluent limitation 
requirements and the monitoring requirements for that industry. These 
industry-specific sections are contained in Part XI of the permit and 
are described in Part VIII of the fact sheet. There are also a number 
of permit requirements that apply to all industries. Today's notice 
incorporates by reference the permit terms and conditions set forth at 
60 FR 51108-51255 published on September 29, 1995. These requirements 
may be found in I through XI. They include the general coverage 
discussion, the Notice of Intent requirements and standard permit 
conditions. The MSGP was published previously for a number of other 
states and territories in the September 29, 1995 Federal Register on 
pages 51108-51255 and is revised today to include Alaska. Today's 
notice also includes additional 401 conditions required by the state of 
Alaska.

A. Contacts

    Notices of Intent (NOIs) to be covered under this permit and 
Notices of Termination (NOT) to terminate coverage under this permit 
must be sent to the Storm Water Notice of Intent Processing Center (see 
address below). The complete administrative record is available through 
the Water Docket MC-4101, Environmental Protection Agency, 401 M Street 
SW, Washington DC 20460. A reasonable fee may be charged for copying.
    Notice of Intent Address. Notices of Intent to be authorized to 
discharge under this permit should be sent to: NOI/NOT Processing 
Center (4203), 401 M Street, SW., Washington, DC 20460.
    Address for Other Submittals. Other submittals of information 
required under this permit or individual permit applications should be 
sent to the EPA Region X Office: EPA, Region X, Water Division, (WD-
134), Storm Water Staff 1200 Sixth Avenue Seattle, WA 98101.

B. Paperwork Reduction Act

    EPA has reviewed the requirements imposed on regulated facilities 
in the final MSGP in Alaska under the Paperwork Reduction Act of 1995, 
44 U.S.C. 3501 et seq. The information collection requirements in 
today's final notice for Alaska have already been approved by the 
Office of Management and Budget in previous submissions made for the 
NPDES permit program under the provisions of the Clean Water Act.

C. 401 Certification

    Section 401 of the CWA provides that no Federal license or permit, 
including NPDES permits, to conduct any activity that may result in any 
discharge into navigable waters, shall be granted until the State in 
which the discharge originates certifies that the discharge will comply 
with the applicable provisions of Sections 301, 302, 303, 306, and 307 
of the CWA. The Section 401 certification process has been completed 
for the state of Alaska. The following summary indicates where 
additional permit requirements have been added as a result of the 
certification process and also provides a more detailed discussion of 
additional requirements for Alaska.
    Alaska 401 conditions provide that a copy of the Notice of Intent 
form, in addition to the NOI already required to be submitted to EPA, 
and a 1-page brief description of the activities being covered must be 
sent to the appropriate nearest office listed below. The 1-page 
description of activities shall describe the nature of the project, the 
pollutants expected in the discharge(s) and the type(s) of treatment to 
be provided. Copies of any discharge monitoring reports or other 
reports required under the permit must be sent to the appropriate state 
office. A copy of any Notice of Termination must be submitted to the 
appropriate state office. The addresses of state offices to which 
copies are to be sent are:

Alaska Department of Environmental Conservation, Major Facilities & 
Water Permits Section, 410 Willoughby Avenue, Suite #105, Juneau, AK 
99801, (907) 465-5276, (907) 465-5274 (Fax)
Alaska Department of Environmental Conservation, Major Facilities & 
Water Permits Section, 555 Cordova Street, Anchorage, AK 99503, (907) 
269-7500, (907) 269-7652 (Fax)
Alaska Department of Environmental Conservation, Major Facilities & 
Water Permits Section, 610 University Avenue, Fairbanks, AK 99709-3643, 
(907) 451-2360, (907) 451-2187 (Fax).

    Because Alaska DEC has certified the MSGP, authorization under the 
MSGP constitutes authorization under a state permit as a matter of 
Alaska law.

D. Considerations Under Other Federal Laws

    For the MSGP issued in Alaska by today's notice, EPA is required to 
conduct and certify certain analyses under the Regulatory Flexibility 
Act, 5 U.S.C. 601 et seq., and the Unfunded Federal Mandates Act, Pub. 
L. No. 104-4. By today's action, EPA adopts, incorporates, and 
certifies the necessary findings under the Regulatory Flexibility Act 
and the Unfunded Federal Mandates Act made in the September 29, 1995, 
MSGP for the purposes of the MSGP issued for Alaska. 

[[Page 5251]]


Region 1

    Signed this 25th day of January, 1996.
David A. Fierra,
Director, Office of Ecosystem Protection.

Region 2

    Signed this 25th day of January, 1996.
Richard L. Caspe,
Water Management Division Director.

Region 3

    Signed this 25th day of January, 1996.
Alvin R. Morris,
Water Protection Division Director.

Region 4

    Signed this 18th day of December, 1995.
Robert F. McGhee,
Water Management Division Director.

Region VI

    Signed this 25th day of January, 1996.
William B. Hathaway,
Water Quality Protection Division Director.

Region 9

    Signed this 18th day of January, 1996.
Alexis Strauss,
Acting Director, Water Management Division.

Region 10

    Signed this 18th day of December, 1995.
Philip G. Millam,
Acting Director, Office of Water.

I. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., EPA is 
required to prepare a Regulatory Flexibility Analysis to assess the 
impact of rules on small entities. Under 5 U.S.C. 605(b), no Regulatory 
Flexibility Analysis is required where the head of the Agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities.
    Today's permit will provide any small entity the opportunity to 
obtain storm water permit coverage as a result of the group application 
process. Group applications provided small entities a mechanism to 
reduce their permit application burden by grouping together with other 
industrial facilities and submitting a common permit application with 
reduced monitoring requirements and shared costs. The group application 
information submitted to EPA provided a basis for the development of 
storm water permit conditions tailored specifically for each industry. 
The permit requirements have been designed to minimize significant 
administrative and economic impacts on small entities and should not 
have a significant impact on industry in general. Moreover, the permit 
reduces a significant burden on regulated sources of applying for 
individual permits.
    Accordingly, I hereby certify pursuant to 5 U.S.C. 605(b) that this 
permit will not have a significant impact on a substantial number of 
small entities.

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

    Dated: December 14, 1995.
Chuck Clarke,
Regional Administrator, Region 10.

Authorization To Discharge Under the National Pollution Discharge 
Elimination System

    In compliance with the provisions of the Clean Water Act, as 
amended, (33 U.S.C. 1251 et seq., the ``Act'') except as provided in 
Part I.B.3. of this storm water multi-sector general permit, operators 
of point source discharges of storm water associated with industrial 
activity that discharge into waters of the United States, represented 
by the industry sectors identified in Part XI. of this permit, are 
authorized to discharge in the areas of coverage listed below in 
accordance with the conditions and requirements set forth herein.
    Operators of storm water discharges from the industrial activities 
covered under this permit who intend to be authorized by this permit 
must submit a Notice of Intent (NOI) in accordance with Part II.B. of 
this permit. Operators of storm water discharges associated with 
industrial activity who fail to submit an NOI in accordance with Part 
II.B. of this permit are not authorized under this general multi-sector 
permit.
    This permit shall become effective on February 11, 1996, and shall 
expire at midnight on February 11, 2001.

Region X

    Signed this 5th day of December, 1995.
Philip G. Millam,
Acting Director, Office of Water.

------------------------------------------------------------------------
           Areas of coverage                        Permit No.          
------------------------------------------------------------------------
Alaska.................................  AKR05 * ###                    
------------------------------------------------------------------------

    For the reasons set forth in this preamble, Parts I, II, IV, VI, IX 
and XII of the NPDES Multi-Sector Storm Water General Permit are 
amended as follows:

Deadline Extension

PART II--[AMENDED]

    1. Part II.A.1. and Part II.A.6 are revised to insert ``March 29, 
1996'' in place of ``[insert date 90 days after permit finalization]'' 
to read as follows:

Part II. Notification Requirements

A. Deadlines for Notification

    1. Existing Facility * * * individuals who intend to obtain 
coverage for an existing storm water discharge associated with 
industrial activity under this general permit shall submit an NOI in 
accordance with the requirements of this part on or before March 29, 
1996.
* * * * *
    6. Part II.A.6 Facilities Previously Subject to the Baseline 
General Permit. Eligible facilities previously covered by EPA's 1992 
Baseline General Permits for Storm Water Discharges Associated with 
Industrial Activity (57 FR 41297 or 57 FR 44438) may elect to be 
covered by this permit by submitting an NOI in accordance with the 
requirements of this Part on or before March 29, 1996.

PART IV--[AMENDED]

    1. Part IV.A.1. is revised to insert ``September 25, 1996'' in 
place of ``[insert date 270 days after permit finalization]'' at the 
end of the sentence to read as follows:

Part IV. Storm Water Pollution Prevention Plans

* * * * *

A. Deadlines for Plan Preparation and Compliance

    1. Existing Facilities * * * all existing facilities that begin 
operation on or before [insert date 270 days after permit finalization] 
shall prepare and implement the plan by September 25, 1996.
    2. Part IV.A.4. is revised to insert ``September 25, 1996'' in 
place of ``[insert date 270 days after permit finalization]'' to read 
as follows:

Part IV. Storm Water Pollution Prevention Plans

* * * * *

A. Deadlines for Plan Preparation and Compliance

* * * * *
    4. Facilities Switching From the Baseline General Permit * * * The 
plan shall be revised as necessary to address requirements under Part 
XI. of this permit no later than September 25, 1996. The revisions made 
to the plan shall be implemented on or before September 25, 1996.

Zinc Benchmark Value

PART XI--[AMENDED]

    1. Parts XI.A.5., XI.C.6., XI.F.5., XI.N.5., XI.Q.5., XI.Y.5., and 
XI.AA.5. are revised to insert 0.117 mg/l instead 

[[Page 5252]]
of 0.065mg/l after Total Recoverable Zinc to read as follows:

Part XI. Specific Requirements for Industrial Activities

* * * * *

A. Storm Water Discharges Associated With Industrial Activity From 
Timber Products Facilities

* * * * *
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements * * * Table A-1 Monitoring 
Requirements for General Sawmills and ``Planning'' Mills Facilities: * 
* * Total Recoverable Zinc,--0.117 mg/l.
* * * * *

C. Storm Water Discharges Associated with Industrial Activity from 
Chemical and Allied Products Manufacturing Facilities

* * * * *
6. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements * * * Table C-2 Agricultural 
chemicals Monitoring Requirements, Table C-4 Soaps, Detergents, 
Cosmetics, and Perfumes Monitoring Requirements and Table C-5 Plastics, 
Synthetics, and Resins Monitoring Requirements: * * * Total Recoverable 
Zinc,--0.117 mg/l.
* * * * *

F. Storm Water Discharges Associated With Industrial Activity From 
Primary Metals Facilities

* * * * *
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements * * * Tables F1 Steel Works, 
Blast Furnaces, and Rolling and Finishing Mills (SIC331) Monitoring 
Requirements, F2 Iron and Steel Foundries (SIC332) Monitoring 
Requirements, F3 Rolling, Drawing, and Extruding of Non-Ferrous Metals 
(SIC335) Monitoring Requirements and F4 Non-Ferrous Foundries (SIC 336) 
Monitoring Requirements: * * * Total Recoverable Zinc,--0.117 mg/l.
* * * * *

N. Storm Water Discharges Associated With Industrial Activity From 
Scrap Recycling and Waste Recycling Facilities

* * * * *
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements * * * Table N1 Industry 
Monitoring Requirements: * * * Total Recoverable Zinc,--0.117 mg/l.
* * * * *

Q. Storm Water Discharges Associated With Industrial Activity From 
Water Transportation Facilities That Have Vehicle Maintenance Shops 
and/or Equipment Cleaning Operations

* * * * *
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements * * * Table Q1 Monitoring 
Requirements: * * * Total Recoverable Zinc,--0.117 mg/l.
* * * * *

Y. Storm Water Discharges Associated With Industrial Activity From 
Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing 
Industries

* * * * *
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements * * * Table Y1 Monitoring 
Requirements: * * * Total Recoverable Zinc,--0.117 mg/l.
* * * * *

AA. Storm Water Discharges Associated With Industrial Activity From 
Fabricated Metal Products Industry

* * * * *
5. Monitoring and Reporting Requirements
    a. Analytical Monitoring Requirements * * * Tables AA-1 Monitoring 
Requirements for Fabricated Metal Products Except Coating and Table AA-
2 Monitoring Requirements for Fabricated Metal Coating and Engraving: * 
* * Total Recoverable Zinc,--0.117 mg/l.

401 Certification Conditions

Part XII--[AMENDED]

    1. Massachusetts--Part XII. of the permit is revised by adding the 
following paragraphs before Region III to read as follows:

Part XII. Coverage Under This Permit

Region I
Massachusetts (MAR05*###)
    Massachusetts 401 certification special permit conditions revise 
the permit as follows:
Region VI
* * * * *
D. New Mexico (NMR05 ###)
* * * * *

Part XI. Specific Requirements for Industrial Activities

* * * * *

B. Storm Water Discharges Associated With Industrial Activity From 
Paper and Allied Products Manufacturing Facilities

* * * * *
5. Monitoring and Reporting Requirements
* * * * *
    (a) * * * (1) Paperboard mills: shall monitor NH3, . . .
* * * * *

U. Storm Water Discharges Associated With Industrial Activity From Food 
and Kindred Products Facilities

* * * * *
    1. Part I.B.3. is amended by addition of the following:

Part I. Coverage Under This Permit

* * * * *

B. Eligibility

* * * * *
3. Limitations on Coverage
* * * * *
    i. All new or increased discharges in the State of Massachusetts 
must comply with 314 CMR 4.00, particularly as it applies to 
Outstanding Resource Waters, prior to seeking authorization to 
discharge under this permit. For more information please contact the 
Massachusetts Department of Environmental Protection at (508) 792-7470 
or (617) 338-2255.
    2. New Mexico--Part XII.D. (New Mexico) of the permit is revised by 
adding ``NH3'' to Part XI.B.5.a.(1) before TSS and to Part XI.U.5.a.(4) 
before NO3+NO2 to read as follows:

Part XII. Coverage Under This Permit

* * * * *
5. Monitoring and Reporting Requirements
* * * * *
    (a) * * * (4) Meat Products: shall monitor NH3, . . .
    3. Texas--Part XII.D. (Texas) is amended to delete the following 
duplicated text starting in the third column of page 51261 and ending 
on page 51262:

[[Page 5253]]


Part V. Numeric Effluent Limitations

* * * * *

B. All Discharges to Inland Waters

    The maximum allowable concentrations of each of the hazardous 
metals, stated in terms of milligrams per liter (mg/l), for discharges 
to inland waters are as follows:
[Table]

C. All Discharges to Tidal Waters

    The maximum allowable concentrations of each of the hazardous 
metals, stated in terms of milligrams per liter (mg/l), for discharges 
to tidal waters are as follows:
[Table]
    4. Texas--Part XII.D. (Texas) is clarified with the addition of the 
following footnote to Part V.F. Texas after the first sentence to read 
as follows:

Part XII. Coverage Under This Permit

* * * * *
Region VI
* * * * *
Texas (TXR05*###)
* * * * *

Part V. Numeric Effluent Limitations

* * * * *
    D. Toxicity Testing * * * The toxicity testing requirement applies 
only to facilities that have 1) demonstrated significant lethality in 
whole effluent toxicity tests on their storm water discharges (e.g. 
tests required while under baseline general permit No. TXR00###) and 2) 
has not yet controlled the toxicity.
    ``Control'' of toxicity involves some action that reduces or 
eliminates the toxicity so that the discharge henceforth passes whole 
effluent toxicity testing. A prerequisite of controlling the toxicant 
requires either identifying the toxicant, identifying the toxicant 
source, or identifying a means of removing the toxicant. To demonstrate 
the effectiveness of the control action, the discharger would have to 
pass two whole effluent toxicity tests performed on consecutive 
discharge events.
    Those facilities having previously demonstrated toxicity, and 
unable to identify the toxicant source, or treatment method, would 
continue biomonitoring semiannually until such time that they pass four 
whole effluent toxicity tests on consecutive discharge events. Such 
evidence would be considered a ``cessation of lethality'' (as defined 
in the Implementing Procedures of the Texas Natural Resource 
Conservation Commission Standards Via Permitting) and biomonitoring 
would cease.
    5. Puyallup Indian Reservation Lands--Part XII. of the permit is 
revised by adding the following paragraphs after Region X and before 
Washington (WAR05*###) to read as follows:

Part XII. Coverage Under This Permit

* * * * *
Region X
Puyallup Indian Reservation Lands (WAR05*##F)
    Puyallup Tribe 401 certification special permit conditions revise 
the permit as follows:
    1. Part I section B is amended by the addition of the following:

Part I. Coverage Under This Permit

* * * * *

B. Eligibility

* * * * *
8. Compliance With Puyallup Indian Reservation Lands Water Quality 
Standards
    Discharges authorized by this permit shall not cause or contribute 
to a violation of any applicable water quality standard contained in 
the Water Quality Standards for Surface Waters of the Puyallup Tribe, 
Title 10 of the Puyallup Tribal codes and Regulations, for discharges 
to waters and water pollution sources on trust or restricted lands 
which are subject to the Puyallup Tribe's Water Quality Standards.
    6. Idaho--Part XII. of the permit is revised by adding the 
following paragraphs before Addendum A to read as follows:

Part XII. Coverage Under This Permit

* * * * *
Region X
* * * * *
Idaho (IDR05*###)
    Idaho 401 certification special permit conditions revise the permit 
as follows:
    1. Part II.C. is amended by the addition of the following:

Part II. Notification Requirements

* * * * *

C. Where to Submit

* * * * *
    The applicant must send the Regional IDEQ office a copy of the NOI, 
in addition to the NOI already required to be submitted to EPA, at the 
following address: Idaho Department of Health and Welfare, Division of 
Environmental Quality, 1410 North Hilton, Boise, ID 83708-1255.
    2. Part IV. is amended by the addition of the following:

Part IV. Storm Water Pollution Prevention Plans

* * * * *
    Idaho's 401 conditions provide that for facilities with storm water 
discharges associated with industrial activity in the state of Idaho, 
the SWPPP must comply with the current Idaho Water Quality Standards.
    3. Part IV.B.2 is amended by the addition of the following:

Part IV. Storm Water Pollution Prevention Plans

* * * * *

B. Signature and Plan Review

* * * * *
2. Availability * * *
    The permittee must provide a copy of the SWPPP, when so requested 
by IDEQ, to IDEQ within 72 hours. Failure to provide the SWPPP to IDEQ 
within the 72-hour time limit will be grounds for cancellation of the 
general permit authorization due to failure to comply with the state's 
401 certification terms.

Minor Typographical and Editorial Changes

Part VI--[Amended]

    1. Part VI.B.1.e. is revised to correct the address for EPA Region 
VI to read as follows:

Part VI. Monitoring and Reporting Requirements

* * * * *

B. Reporting: Where to Submit

1. Location
* * * * *
    e. LA, NM (except see Region IX for Navajo lands), OK, TX, EPA, 
Region VI, Enforcement and Compliance Assurance Division, (6EN-WC), EPA 
SW MSGP, P.O. Box 50625, Dallas, TX 75250.

Alaska

Part I--[Amended]

    1. Part 1 is amended by revising paragraph A. Permit Area, Region X 
to include ``Alaska'' before the phrase ``the state of Idaho'' to read 
as follows:

Part I. Coverage Under This Permit

* * * * *

A. Permit Area

* * * * * 

[[Page 5254]]

Region X--Alaska; the State of Idaho; * * *

PART XII--[AMENDED]

    Alaska 401 certification special permit conditions revise the 
permit as follows:
    1. Part XII. Region X of the permit is revised by adding the 
following paragraphs before Addendum A after Idaho's 401 conditions to 
read as follows:

Part XII. Coverage Under This Permit

* * * * *
Region X
Alaska (AKR05*###)
    1. Part II. B. is amended by the addition of the following:

Part II. Notification Requirements

* * * * *

B. Contents of Notice of Intent

* * * * *
    14. For facilities that discharge storm water associated with 
industrial activity in Alaska, a 1-page brief description of the 
activities being covered must be sent to the appropriate nearest office 
listed below. The 1-page description of activities shall describe the 
nature of the project, the pollutants expected in the discharge(s) and 
the type(s) of treatment to be provided.
    2. Part II. C. is amended by the addition of the following:

Part II. Notification Requirements

* * * * *

C. Where to Submit

* * * * *
    For facilities located in the state of Alaska, a copy of the Notice 
of Intent form, in addition to the NOI already required to be submitted 
to EPA, and a 1-page brief description of the activities being covered 
must be sent to the appropriate nearest office listed below. The 
addresses of state offices to which copies are to be sent are:

Alaska Department of Environmental Conservation, Major Facilities & 
Water Permits Section, 410 Willoughby Avenue, Suite #105, Juneau, AK 
99801 (907) 465-5276, (907) 465-5274 (Fax)
Alaska Department of Environmental Conservation, Major Facilities & 
Water Permits Section, 555 Cordova Street, Anchorage, AK 99503, (907) 
269-7500, (907) 269-7652 (Fax)
Alaska Department of Environmental Conservation, Major Facilities & 
Water Permits Section, 610 University Avenue, Fairbanks, AK 99709-3643, 
(907) 451-2360, (907) 451-2187 (Fax)

    3. The following language is added to Part VI section B:

Part VI. Monitoring and Reporting Requirements

* * * * *

B. Reporting: Where to Submit

* * * * *
    2. Additional Notification. For facilities located in the state of 
Alaska, copies of any discharge monitoring reports or other reports 
required under the permit must also be sent to the appropriate state 
office. The addresses of state offices to which copies are to be sent 
are:

Alaska Department of Environmental Conservation, Major Facilities & 
Water Permits Section, 410 Willoughby Avenue, Suite #105, Juneau, AK 
99801 (907) 465-5276, (907) 465-5274 (Fax)
Alaska Department of Environmental Conservation, Major Facilities & 
Water Permits Section, 555 Cordova Street, Anchorage, AK 99503, (907) 
269-7500, (907) 269-7652 (Fax)
Alaska Department of Environmental Conservation, Major Facilities & 
Water Permits Section, 610 University Avenue, Fairbanks, AK 99709-3643, 
(907) 451-2360, (907) 451-2187 (FAX).

    4. The following is added to Part IX Section B:

Part IX. Termination of Coverage

* * * * *

B. Addresses

* * * * *
    For facilities located in the state of Alaska, copies of Notices of 
Termination (NOTs), in addition to the NOTs already required to be 
submitted to EPA, must be submitted to the appropriate state office. 
The addresses of state offices to which copies are to be sent are:

Alaska Department of Environmental Conservation, Major Facilities & 
Water Permits Section, 410 Willoughby Avenue, Suite #105, Juneau, AK 
99801 (907) 465-5276, (907) 465-5274 (Fax)
Alaska Department of Environmental Conservation, Major Facilities & 
Water Permits Section, 555 Cordova Street, Anchorage, AK 99503, (907) 
269-7500, (907) 269-7652 (Fax)
Alaska Department of Environmental Conservation, Major Facilities & 
Water Permits Section, 610 University Avenue, Fairbanks, AK 99709-3643, 
(907) 451-2360, (907) 451-2187 (Fax).

[FR Doc. 96-2722 Filed 2-8-96; 8:45 am]
BILLING CODE 6560-50-P