[Federal Register Volume 66, Number 141 (Monday, July 23, 2001)]
[Notices]
[Pages 38266-38277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18193]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7012-6]


Final Issuance of National Pollutant Discharge Elimination System 
(NPDES) General Permit for Discharges From Concentrated Animal Feeding 
Operations in Arizona

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Final NPDES General Permit.

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SUMMARY: The Regional Administrator, EPA, Region 9, is today issuing an 
NPDES general permit (permit No. AZG800000) for discharges from 
concentrated animal feeding operations (CAFOs) in Arizona. A notice of 
EPA's proposal to issue the permit was published in the Federal 
Register on Friday, September 1, 2000. The public comment period for 
this general permit ended on November 20, 2000. The final permit 
establishes effluent limitations, prohibitions, best management 
practices and other conditions governing the discharge of pollutants to 
waters of the United States from CAFOs in Arizona.

DATES: This general permit shall be effective on August 27, 2001. 
Deadlines for submittal of notices of intent to be governed by the 
permit are provided in part III, section B of the general permit. 
Today's general permit also provides additional dates for compliance 
with permit requirements.

ADDRESSES: The index to the administrative record for the final general 
permit is available from the EPA Region 9 office in San Francisco. The 
NPDES general permit and other related documents in the administrative 
record are on file at the EPA Region 9 office at the following address: 
U.S. EPA, Region 9, CWA Standards and Permits Office (WTR-5), 75 
Hawthorne Street, San Francisco, CA 94105-3901. The records are 
available for inspection from 8:30 a.m. to 4:00 p.m., Monday through 
Friday, excluding legal holidays. For appointments to examine the 
administrative record, please call Jacques Landy at (415) 744-1922 or 
Shirin Tolle at (415) 744-1898. A reasonable fee may be charged for 
copying.

FOR FURTHER INFORMATION CONTACT: For further information on this permit 
please contact Jacques Landy or Shirin Tolle, EPA Region 9, at the 
address listed above or telephone Jacques Landy at (415) 744-1922 or 
Shirin Tolle at (415) 744-1898. Copies of the permit, permit 
appendices, fact sheet and response to comments document will be 
provided upon request and are also available at EPA, Region 9's website 
at http://www.epa.gov/region09/water/npdes/index.html (permit link 
located under section heading Final NPDES Permits).

SUPPLEMENTARY INFORMATION:

Summary of Terms and Conditions of General Permit

A. Facility Coverage

    This permit covers Concentrated Animal Feeding Operations (CAFOs as 
defined in 40 CFR 122.23(b)) in Arizona and in Indian Country in 
Arizona as set forth in part II, section A of the permit. An owner or 
operator of a CAFO eligible for coverage under this general permit may 
apply for an individual permit rather than seek coverage under the 
general permit.
    An owner or operator of a CAFO seeking coverage under this permit 
must submit a Notice of Intent (NOI) to EPA, and to the Arizona 
Department of Environmental Quality (ADEQ) or the appropriate Indian 
Tribe. A NOI for an existing CAFO must be submitted within 180 days 
after the effective date of this permit. An owner or operator seeking 
coverage for a new facility must submit a NOI, and additional 
information identified in Appendix C of the permit, at least ninety 
days before the facility becomes a CAFO.
    This permit will terminate five years after its effective date. In 
accordance with 40 CFR 122.28(b)(3), EPA may require any discharger 
authorized by this permit to apply for and obtain an individual NPDES 
permit, and terminate or revoke coverage under the general permit. 
Owners or operators authorized by this permit may also

[[Page 38267]]

request to be excluded from the general permit's coverage by applying 
for an individual permit.

B. Effluent Limitations

    This permit includes technology-based effluent limitations and 
standards based on the effluent limitations guidelines for the Feedlots 
Point Source Category, 40 CFR part 412. The permit also includes 
conditions designed to achieve water quality standards established 
under CWA, section 303, including Arizona's water quality criteria 
codified at Arizona Administrative Code Title 18, Chapter 11, and 
federally promulgated water quality standards codified at 40 CFR 
131.31. Provisions requiring the use of best management practices 
(BMPS) to control or abate the discharge of pollutants are included in 
the permit pursuant to Clean Water Act (CWA) section 402(a)(1) and 40 
CFR 122.43 and 122.44(k). Monitoring requirements are included pursuant 
to 40 CFR 122.48 and 122.44(i), and conditions applicable to all 
permits are included pursuant to 40 CFR 122.41.
    A fact sheet briefly setting forth the principal facts and 
significant factual, legal, methodological and policy questions 
considered in preparing this final general permit is available as part 
of the public record for this action. In addition, a response to the 
comments received in response to the public notice of this permit has 
been prepared pursuant to 40 CFR 124.17.

C. EPA issuance of General Permits

    Arizona has not received approval to issue NPDES permits and 
otherwise administer the NPDES program. Accordingly, EPA Region 9 is 
issuing this general permit governing discharges from CAFOs pursuant to 
CWA section 402.
    EPA may issue either individual or general NPDES permits. General 
permits, and the conditions under which they may be issued, are 
described at 40 CFR 122.28. EPA may issue a general permit to regulate 
a category of point sources, if the sources all involve substantially 
similar types of operations, discharge the same types of wastes, 
require the same effluent limitations, require similar monitoring, and 
are more appropriately controlled under a general permit than under 
individual permits. EPA has determined that CAFOs eligible for coverage 
pursuant to Part II of the permit meet the criteria set forth in 40 CFR 
122.28 and that issuance of the general permit is appropriate pursuant 
to that provision.

D. National Environmental Policy Act

    Pursuant to CWA section 511(c), and 40 CFR part 6, EPA has 
conducted an environmental review of the proposed action, and has 
determined that no significant impacts are anticipated and that an 
Environmental Impact Statement (EIS) is not required. EPA has prepared 
an environmental assessment and Finding of No Significant Impact 
(FNSI), which are available as part of the public record for this 
action.
    This permit requires that a person seeking coverage for a new CAFO 
must submit to EPA, and to the State or Indian Tribe, as appropriate, 
an Environmental Information Document (EID), containing the information 
identified in Appendix C, no later than 90 days before the operation 
becomes a CAFO. This requirement will provide EPA an opportunity to 
conduct an environmental review, determine if any significant impacts 
are anticipated, determine if an environmental impact statement is 
required and otherwise ensure compliance with NEPA requirements, with 
respect to the proposed new source.

E. Endangered Species Act

    Section 7(a)(2) of the Endangered Species Act (ESA) requires that 
Federal agencies consult with the U.S. Fish and Wildlife Service (FWS) 
to insure that any action authorized, funded or carried out by them 
(also known as an ``agency action'') is not likely to jeopardize the 
continued existence of any listed species or result in the destruction 
or adverse modification of critical habitat. Part II, section B.2 of 
the permit expressly prohibits coverage under the permit of any CAFO 
which is likely to adversely affect a listed or proposed to be listed 
threatened or endangered species or its critical habitat. Any such 
facility would be required to apply for and obtain an individual NPDES 
permit, and the process of issuing the individual permit would fully 
address protection of endangered and threatened species and their 
habitat though the section 7 consultation process of the Endangered 
Species Act (ESA).
    Following discussions with FWS, EPA has decided to issue the permit 
pursuant to ESA section 7(d), without concluding the consultation with 
FWS, based on the finding that this action will not result in an 
irreversible or irretrievable commitment of resources.

F. National Historic Preservation Act

    The National Historic Preservation Act (NHPA) and implementing 
regulations require the Regional Administrator, before issuing a 
permit, to adopt measures when feasible to mitigate potential adverse 
effects of the permitted activity on properties listed or eligible for 
listing in the National Register of Historic Places. The Act's 
requirements are to be implemented in cooperation with State Historic 
Preservation Officers and upon notice to, and when appropriate, in 
consultation with the Advisory Council on Historic Preservation. This 
permit provides that CAFOs which are likely to adversely affect 
properties listed or eligible to be listed in the National Register of 
Historic Places are ineligible for coverage under the permit. This 
permit also requires that a person seeking coverage for a new CAFO must 
submit to EPA, and to the State or Indian Tribe, as appropriate, an 
Environmental Information Document (EID), containing information 
related to impacts upon historical or archeological resources, no later 
than 90 days before the operation becomes a CAFO. This requirement will 
provide EPA an opportunity to ensure compliance with NHPA requirements 
with respect to the proposed new source.

G. Permit Appeal Procedures

    Within 120 days following notice of EPA's final decision for the 
general permit under 40 CFR 124.15, any interested person may appeal 
the permit in the Federal Court of Appeals in accordance with section 
509(b)(1) of the CWA. Persons affected by a general permit may not 
challenge the conditions of a general permit as a right in further 
Agency proceedings. They may instead either challenge the general 
permit in court, or apply for an individual permit as specified at 40 
CFR 122.21 (and authorized at 40 CFR 122.28) and then petition the 
Environmental Appeals Board to review any condition of the individual 
permit pursuant to 40 CFR 124.19.

H. Paperwork Reduction Act

    The information collection required by this permit has been 
approved by Office of Management and Budget under the provisions of the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., in submission made for 
the NPDES permit program and assigned OMB control numbers 2040-0086 
(NPDES permit application) and 2040-0004 (discharge monitoring 
reports).

I. Economic Impact (Executive Order 12866)

    Under Executive Order 12866 (58 FR 51735 (Oct. 4, 1993)), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of

[[Page 38268]]

the Executive Order. The Order defines ``significant regulatory 
action'' as one that is likely to result in a rule that may 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; create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency; materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of recipients thereof; or raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in the Executive Order.
    EPA has determined that this final general permit is not a 
``significant regulatory action'' under the terms of Executive Order 
12866.

J. Unfunded Mandates Reform Act

    Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law 
104-4, generally requires Federal agencies to assess the effects of 
their ``regulatory actions'' on State, local, and tribal governments 
and the private sector. UMRA uses the term ``regulatory actions'' to 
refer to regulations. (See, e.g., UMRA section 201, ``Each agency 
shall, unless otherwise prohibited by law, assess the effects of 
Federal regulatory actions on State, local, and tribal governments, and 
the private sector (other than to the extent that such regulations 
incorporate requirements specifically set forth in law)''). UMRA 
section 102 defines ``regulation'' by reference to section 658 of Title 
2 of the U.S. Code, which in turn defines ``regulation'' and ``rule'' 
by reference to section 601(2) of the Regulatory Flexibility Act (RFA). 
That section of the RFA defines ``rule'' as ``any rule for which the 
agency publishes a notice of proposed rulemaking pursuant to section 
553(b) of [the Administrative Procedures Act (APA)], or any other 
law * * *''
    As discussed in the RFA section of this notice, NPDES general 
permits are not ``rules'' under the APA and thus not subject to the APA 
requirement to publish a notice of proposed rulemaking. NPDES general 
permits are also not subject to such a requirement under the Clean 
Water Act. While EPA publishes a notice to solicit public comment on 
draft general permits, it does so pursuant to the CWA section 402(a) 
requirement to provide ``an opportunity for a hearing.'' Thus, NPDES 
general permits are not ``rules'' for RFA or UMRA purposes.
    EPA has determined that this final general permit does not contain 
a Federal requirement that may result in expenditures of $100 million 
or more for State, local and tribal governments, in the aggregate, or 
the private sector in any one year.
    The Agency also believes that this final general permit will not 
significantly nor uniquely affect small governments. For UMRA purposes, 
``small governments'' is defined by reference to the definition of 
``small governmental jurisdiction'' under the RFA. (See UMRA section 
102(1), referencing 2 U.S.C. 658, which references section 601(5) of 
the RFA.) ``Small governmental jurisdiction'' means governments of 
cities, counties, towns, etc., with a population of less than 50,000, 
unless the agency establishes an alternative definition.
    This final general permit also will not uniquely affect small 
governments because compliance with the permit conditions affects small 
governments in the same manner as any other entities seeking coverage 
under the final general permit.

K. 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.
    The Agency takes the position that NPDES general permits are not 
subject to rulemaking requirements under APA section 553 or any other 
law. The requirements of APA section 553 apply only to the issuance of 
``rules,'' which the APA defines in a manner that excludes permits. See 
APA section 551(4), (6) and (8). The CWA also does not require 
publication of a general notice of proposed rulemaking for general 
permits. EPA publishes draft general NPDES permits for public comment 
in the Federal Register in order to meet the applicable CWA procedural 
requirement to provide ``an opportunity for a hearing.'' See CWA 
section 402(a), 33 U.S.C. 1342(a).
    Nevertheless, the Agency has determined that this permit will not 
have a significant economic impact on a substantial number of small 
entities. The permit requirements have been designed to minimize 
significant administrative and economic impacts on small entities and 
should not have a significant impact on regulated sources in general. 
Moreover, the final general permit reduces a significant burden on 
regulated sources of applying for individual permits.

L. Signature

    Accordingly, I hereby find consistent with the provisions of the 
RFA, that this final general 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.

Authorization To Discharge Under the National Pollutant Discharge 
Elimination System

    In compliance with the provisions of the Clean Water Act, as 
amended, (33 U.S.C. 1251 et seq.), owners or operators of a 
concentrated animal feeding operation that submit a completed Notice of 
Intent in accordance with part III, section A for a concentrated animal 
feeding operation located in the area specified in part II, section A 
and eligible for permit coverage under part II, section B are 
authorized to discharge pollutants to waters of the United States in 
accordance with the conditions and requirements set forth herein.
    This permit becomes effective on August 27, 2001.
    This permit and the authorization to discharge expire at midnight, 
August 26, 2006.

    Dated: July 5, 2001.
Jane Diamond,
Acting Regional Administrator, Region IX.

Environmental Protection Agency Region 9 Concentrated Animal 
Feeding Operations (CAFOs) National Pollutant Discharge Elimination 
System (NPDES) General Permit NO. AZG800000 For the State of 
Arizona

Table of Contents

Part I. Authority
Part II. Permit Coverage
    A. Area
    B. Sources
    C. Reopener Clause for Endangered Species Protection
Part III. Application for Coverage
    A. Notice of Intent
    B. Deadline for Notice of Intent
    C. Additional Information Regarding New CAFOs
    D. Commencement of Authorization to Discharge
    E. Expiration, Termination or Revocation of Coverage
Part IV. Permit Requirements
    A. Effluent Limitations and Discharge Prohibitions
    B. Special Conditions
    1. Best Management Practices Plan
    2. Minimum Standards
    3. Nutrient Management

[[Page 38269]]

    4. Inspections and Record Keeping
Part V. Discharge Notification and Monitoring
    A. Discharge Notification
    B. Discharge Monitoring
    C. Sampling Methods and Procedures
    D. Sample Documentation and Transport
Part VI. Standard Permit Conditions
    A. General Conditions
    B. Proper Operation and Maintenance
    C. Monitoring and Records
    D. Reporting Requirements
    E. Signatory Requirements
    F. Certification
    G. Availability of Reports
    H. Penalties for Violations of Permit Conditions
    I. Upset
Part VII. Definitions
Part VIII. Availability of Technical and Legal References
Appendices
    A. Notice of Intent
    B. Notice of Termination
    C. Environmental Information Document
    D. Contact Names for State, Federal and Tribal Authorities
    E. State of Arizona Agricultural General Permit Requirements

Part I. Authority

    This permit is issued pursuant to Clean Water Act, section 402.

Part II. Permit Coverage

A. Area

    The permit covers the State of Arizona and Indian Country in 
Arizona subject to the jurisdiction of the following Indian Tribes: Ak-
Chin, Cocopah, Colorado River, Fort McDowell Mohave-Apache, Fort 
Mohave, Fort Yuma-Quechan, Gila River, Havasupai, Hopi, Hualapai, 
Kaibab Paiute, Navajo, Pascua Yaqui, Salt River Pima-Maricopa, San 
Carlos, San Juan Southern Paiute, Tohono O'odham, Tonto Apache, White 
Mountain Apache, Yavapai-Apache (Camp Verde), and Yavapai-Prescott.

B. Sources

    The permit covers concentrated animal feeding operations (CAFOs) in 
the permit area, except any CAFO that:
    1. has been notified by the Director to apply for an individual 
permit pursuant to 40 CFR 122.28(b)(3);
    2. is likely to adversely affect a listed or proposed to be listed 
endangered or threatened species or its critical habitat;
    3. is likely to adversely affect properties listed or eligible to 
be listed in the National Register of Historic Places; or
    4. becomes a CAFO after the effective date of this permit and meets 
any of the following conditions: (a) Discharges to a water quality 
limited segment listed for: Total nitrogen, nitrogen species, total 
phosphorus, turbidity, fecal coliform or E.Coli, (b) discharges to a 
``Unique Water'' identified in Arizona Administrative Code R18-11-112, 
or (c) is located within the 100 year floodplain.

C. Reopener Clause for Endangered Species Protection

    This permit may be modified or revoked and reissued based on the 
results of Endangered Species Act section 7 consultation with the U.S. 
Fish and Wildlife Service.

Part III. Application for Coverage

A. Notice of Intent

    An owner or operator of a CAFO seeking coverage under this permit 
must submit a completed ``Notice of Intent to be Covered by General 
Permit No. AZG800000 for Concentrated Animal Feeding Operations'' 
(NOI), attached as Appendix A, to: US EPA, Region 9, Attn.: AZG800000/
NOI, WTR-7, 75 Hawthorne St., San Francisco, CA 94105.
    An owner or operator seeking coverage for a CAFO not in Indian 
Country subject to the jurisdiction of an Indian Tribe identified in 
Part II.A. must submit a copy of the completed NOI to: Arizona 
Department of Environmental Quality, Water Quality Compliance Section, 
Mail Code M0501, 3033 N. Central Avenue, Phoenix, AZ 85012.
    An owner or operator seeking coverage for a CAFO in Indian Country 
subject to the jurisdiction of an Indian Tribe identified in Part II.A. 
must submit a copy of the completed NOI to the appropriate Indian 
Tribe. See, Appendix D, Contact Names and Addresses.

B. Deadline for Notice of Intent

    The deadline for submitting a completed NOI is:
    1. For an operation which is a CAFO on the effective date of the 
permit, 180 days after the effective date of the permit;
    2. For an operation designated as a CAFO pursuant to 40 CFR 
122.23(c), 90 days after designation as a CAFO; and
    3. For an operation which becomes a CAFO after the effective date 
of the permit, 90 days before the operation becomes a CAFO.

C. Additional Information Regarding New CAFOs

    A person seeking coverage under this permit for an operation which 
becomes a CAFO after the effective date of the permit and which meets 
the definition of a ``new source'' as provided in Part VII.S of this 
permit, must also submit to EPA, and to the State or Indian Tribe, as 
appropriate, an ``Environmental Information Document'' (EID), 
containing the information identified in Appendix C, no later than 90 
days before the operation becomes a CAFO. For assistance in determining 
whether an operation which becomes a CAFO after the effective date of 
the permit meets the definition of new source, please contact Shirin 
Tolle at (415) 744-1898 or Jacques Landy at (415) 744-1922.

D. Commencement of Authorization to Discharge

    Authorization to discharge from an eligible CAFO in accordance with 
the permit begins:
    1. For an operation which is a CAFO on the effective date of the 
permit, or designated as a CAFO pursuant to 40 CFR 122.23(c), 24 hours 
after a complete and timely NOI is mailed to EPA; and
    2. for an operation which becomes a CAFO after the effective date 
of the permit, 90 days after a complete and timely NOI and EID is 
mailed to EPA, unless the CAFO is notified by EPA during the 90-day 
period following mailing of the NOI and EID, that more than 90 days are 
required to process the NOI and conduct the National Environmental 
Policy Act review required by 40 CFR 122.29(c).

E. Expiration, Termination or Revocation of Coverage

    This permit expires five years after its effective date. If this 
permit is not reissued prior to its expiration date, it will be 
administratively continued in accordance with the Administrative 
Procedures Act and any discharger authorized by this permit prior to 
the expiration date will remain authorized under this permit until (i) 
the permit is reissued or (ii) EPA publishes a determination not to 
reissue this permit. In accordance with 40 CFR 122.28(b)(3), EPA may 
require any discharger authorized by the permit to apply for and obtain 
an individual NPDES permit, and terminate or revoke coverage under this 
general permit. In accordance with 40 CFR 122.28(b)(3), any owner or 
operator authorized by the permit may request to be excluded from 
coverage of the general permit by applying for an individual permit.

Part IV. Permit Requirements

A. Effluent Limitations and Discharge Prohibitions

    1. There shall be no discharge of waste, process waste water, or 
process waste water pollutants to waters of the United States except 
when storm events, either chronic or catastrophic, cause an overflow of 
process waste water from a

[[Page 38270]]

facility properly designed, constructed, maintained, and operated to 
contain:
    a. All process generated waste waters resulting from the operation 
of the CAFO (such as wash water, parlor water, watering system 
overflow); plus
    b.All contaminated runoff from a 25-year, 24-hour storm event.
    2. Except for discharges which are
    a. composed entirely of storm water runoff, snow melt runoff and/or
    b. return flows from irrigated agriculture, originating from a land 
area upon which manure and/or waste water from a CAFO has been applied 
in accordance with a Best Management Practices Plan (BMP Plan) under 
Part IV.B.1 and with a Nutrient Management Plan (NMP) under Part 
IV.B.3.a, there shall be no discharge which causes or contributes to a 
violation of a State or, if appropriate, tribal water quality standard.
    3. Discharges of manure or process waste water from waste water 
control or retention structures to waters of the United States by means 
of a hydrologic connection are prohibited.

B. Special Conditions

1. Best Management Practices (BMP) Plan
a. Deadlines for developing and implementing a BMP Plan
    A permittee must develop and implement a BMP Plan for the CAFO 
covered by this permit:
    i. For an operation which is a CAFO on the effective date of the 
permit, by one year after the effective date of the permit;
    ii. For an operation designated as a CAFO pursuant to 40 CFR 
122.23(c), by one year after designation as a CAFO; and
    iii. For an operation which becomes a CAFO after the effective date 
of the permit, by the date on which the NOI for the CAFO is submitted.
b. Submission of BMP Plans for New CAFOs
    A permittee for an operation which becomes a CAFO after the 
effective date of the permit must submit the BMP Plan with the original 
and the copy of the NOI for that CAFO to the agencies listed in Part 
III.A, as appropriate.
c. Content of BMP Plan
    A BMP Plan must:
    i. be developed in accordance with standard engineering practices 
as defined by the U.S. Department of Agriculture, Natural Resources 
Conservation Service (NRCS), National Engineering Handbook, Part 651, 
Agricultural Waste Management Field Handbook available at ftp://ftp.ftw.nrcs.usda.gov/pub/awmfh, or any subsequent NRCS revision of 
Part 651 which the permittee references in the BMP Plan;
    ii. describe the BMPs and Minimum Standards which the permittee 
will implement to assure compliance with the permit;
    iii. demonstrate that the waste water control or retention 
structures are adequately designed (in accordance with NRCS 
Conservation Practice Standard Code 313--Waste Storage Facilities or 
any subsequent NRCS revision of Standard 313 which the permittee 
references in the BMP Plan) and can achieve the effluent limitations 
and discharge prohibitions of Part IV.A. above;
    iv. identify the persons responsible for developing, implementing, 
and revising the BMP Plan (including its inspection and record keeping 
procedures), and describe their respective activities and 
responsibilities;
    v. include a map showing the drainage pattern, surface water 
bodies, and existing waste water control or retention structures;
    vi. list the significant chemicals and/or hazardous substances that 
are used, stored or disposed of at the CAFO, and describe any 
significant spills of these chemicals and/or hazardous substances at 
the CAFO after the effective date of this permit;
    vii. describe activities and chemicals and/or hazardous substances 
which may be a potential pollutant source, including sources which may 
reasonably be expected to add pollutants to runoff from the facility;
    viii. include all existing sampling data obtained pursuant to Part 
V.B;
    ix. describe the inspection and record keeping procedures which the 
permittee will implement pursuant to Part IV.B.4;
    x. describe an appropriate schedule for preventive maintenance and 
good housekeeping;
    xi. identify areas which have a high potential for significant soil 
erosion and describe measures to limit erosion and pollutant runoff;
    xii. describe an employee training program pertaining to permit 
compliance;
    xiii. be signed in accordance with Part VI.E.; and
    xiv. Be updated as appropriate.
2. Minimum Standards
    Minimum Standards are applicable to the CAFO operation upon 
issuance of the permit and are to be incorporated into the CAFO's BMP 
Plan.
a. Diversion of Run-on
    The permittee shall isolate feedlots and associated wastes from 
outside surface drainage by ditches, dikes, berms, terraces or other 
waste water control or retention structures, designed to carry, store 
or contain peak flows during the 25-year, 24-hour storm event. The 
permittee must protect any waste water control or retention structure 
by berms or other appropriate structures to prevent inundation that may 
occur during a 25-year, 24-hour flood event. The permittee should 
consult with the County Flood Control District in order to ensure that 
any measures taken to comply with this requirement are consistent with 
Arizona law.
b. Waste Water Control or Retention Structure Freeboard
    To maintain adequate capacity in waste water control or retention 
structures, the permittee shall establish and maintain a minimum 
freeboard for all waste water control or retention structures adequate 
to prevent berm failure and overflow during normal operating conditions 
and to ensure compliance with the permit conditions.
c. CAFO Expansion
    The permittee shall not expand its CAFO, either in size or number 
of animals, before making a determination and ensuring that wastes 
generated by the expansion will not exceed the design capacity of the 
waste water control or retention structures.
d. Land Application of Manure
    Manure or process waste water must not be applied on land that is 
flooded, saturated with water, frozen or snow covered, where such 
conditions could reasonably be expected to result in a discharge of 
manure or process waste water to waters of the United States.
e. Buffers and Equivalent Practices
    The permittee shall maintain buffer strips or other equivalent 
practices near feedlots, manure storage areas, and land application 
areas that are sufficient to minimize discharge of pollutants to waters 
of the United States.
f. Chemical Handling
    The permittee shall ensure that wastes from facility activities 
such as dipping and/or pest/parasite control and hazardous substances 
or toxic pollutants do not enter any waters of the United States.
g. Disposal of Material into Waste Water Control or Retention 
Structures
    The disposal of any hazardous substances or toxic pollutants, other

[[Page 38271]]

than discharges associated with proper operation and maintenance of the 
CAFO, into waste water control or retention structures is prohibited.
h. Dead Animals
    The permittee must dispose of dead animals in a manner that 
prevents contamination of waters of the United States.
i. Spills
    The permittee must take appropriate measures to prevent and clean 
up spills of any pollutants, and to report spills as required by Part 
VI.D.3.
j. Facility Closure
    The permittee shall close all waste water control or retention 
structures in accordance with NRCS Conservation Practice Standard Code 
360--Closure of Waste Impoundments or any subsequent NRCS revision of 
Conservation Practice Standard Code 360 which the permittee references 
in the BMP Plan.
l. Liner Requirements for New Waste Water Control or Retention 
Structures
    Waste water control or retention structures constructed after the 
effective date of this permit shall incorporate either a synthetic or 
soil liner in accordance with NRCS Agricultural Waste Management Field 
Handbook Part 651.1080 Appendix 10D--Geotechnical, Design and 
Construction Guidelines as posted at http://www.ncg.nrcs.usda.gov/awmfh.html or ftp://ftp.ftw.nrcs.usda.gov/pub/awmfh/ on August 24, 
1998, or any subsequent NRCS revision of Part 651.1080 Appendix 10D 
which the permittee references in the BMP Plan.
3. Nutrient Management
a. Nutrient Management Plan (NMP)
    If manure or process waste water is applied to land under the 
operational control of the permittee, the permittee shall, no later 
than (i) two years after the effective date of the permit or (ii) 
thirty (30) days before beginning land application, whichever is later, 
develop a Nutrient Management Plan (NMP) approved by Arizona NRCS or a 
Certified Nutrient Management Planning Specialist. The NMP must provide 
that waste, process waste water and soil sampling shall be conducted in 
accordance with the most current version of NRCS Conservation Practice 
Standard--Arizona Nutrient Management, Code 590.
b. On-site Land Application of Manure or Process Waste Water
    The permittee shall not land apply manure or process waste water 
unless the permittee has completed an NMP and determined a site-
specific, quantified land application rate that does not exceed the 
capacity of the soil and the planned crops to assimilate nutrients 
based on the most limiting nutrient in the soil (e.g., phosphorus or 
nitrogen), type of crop, realistic crop yields, soil type, and all 
nutrient inputs in addition to those from the manure or process waste 
water. The permittee shall not land apply manure or process waste water 
in excess of the land application rate which it has determined under 
the NMP.
c. Land Application Monitoring
    On each day during which manure or process waste water is land 
applied by the permittee, the permittee shall record the following 
information to determine compliance with the land application rate:
    i. Quantity of manure or process waste water applied (in gallons/
day, cubic feet/day, or acre-inches/day),
    ii. Land application rate (in tons/acre or lbs/acre of process 
waste water or manure), and
    iii. Application area (in acres).
d. Off-Site Land Application of Manure or Process Waste Water
    If the permittee provides manure or process waste water generated 
at the CAFO to another person for off-site land application, the 
permittee must:
    i. Provide to the applier the nutrient values expected to be found 
in the manure or process waste water;
    ii. Inform the applier of the requirements of Arizona 
Administrative Code Title 18, Chapter 9, Article 4, pertaining to 
Agricultural General Permits (reproduced in Appendix E);
    iii. Record the amount of manure or process waste water that leaves 
the permitted operation; and
    iv. For quantities greater than 100 tons provided to a single 
recipient per week, record the name and address of the recipient.
4. Inspections and Record Keeping
    a. The permittee shall retain a copy of the NOI, permit, BMP Plan, 
NMP and other records required to be maintained under the permit at the 
CAFO.
    b. The permittee shall ensure each year that the person or persons 
identified pursuant to Part IV.B.1.c.iv as responsible for implementing 
the BMP Plan's inspection and record keeping procedures completely 
inspects the CAFO and completes a report of the findings of the 
inspection. The report must state:
    i. Whether the BMP Plan's description of potential pollutant 
sources is accurate,
    ii. If the drainage map shows current conditions or must be 
updated,
    iii. What pollutants have entered the waste water control or 
retention structures, and
    iv. Whether the minimum standards are being implemented and are 
adequate.
    c. Waste Water Control or Retention Structure Inspection and 
Monitoring
    i. Monthly (and in any event within five days of each chronic 
rainfall or catastrophic storm event), the permittee shall inspect the 
waste water control or retention structures for berm integrity, 
cracking, slumping, excess vegetation, burrowing animals and seepage.
    ii. Quarterly (and in any event within five days of each chronic 
rainfall or catastrophic storm event), waste water control or retention 
structure freeboard (in feet) shall be monitored and recorded. 
Freeboard records shall be kept with the BMP plan.

Part V. Discharge Notification and Monitoring

A. Discharge Notification

    The permittee must report any discharge: within 24 hours, by verbal 
notification to EPA at (415) 744-1905; and, within five (5) days of the 
discharge, by written notification to EPA and to the State or Indian 
tribe, as appropriate. The notification must include:
    1. A description of the discharge and cause, whether excess 
precipitation, snow melt, or other specified causes;
    2. The date and time of the discharge, its duration and, if not 
corrected, the anticipated time the discharge is expected to continue;
    3. A description of the path to the receiving water and the name of 
the receiving stream;
    4. An estimate of the flow and volume discharged;
    5. If the discharge was caused by a precipitation event, 
information concerning the size of the precipitation event from the 
National Weather Service or on-site rain gauge;
    6. The name of the person recording the discharge; and
    7. A description of steps being taken to reduce, eliminate and 
prevent recurrence of the discharge.

B. Discharge Monitoring

    The permittee must sample and analyze grab samples from all 
overflows or discharges from the waste water control or retention 
structures for the following analytes:
    1. Fecal coliform bacteria;
    2. 5-day Biochemical Oxygen Demand (BOD5);

[[Page 38272]]

    3. Total Suspended Solids (TSS);
    4. ammonia (NH3-N); nitrite (as N), nitrates (as N), 
total Kjeldahl nitrogen (TKN as N); and
    5. total phosphorus (as P);
    The permittee shall: (a) collect the sample within 30 minutes of 
commencement of the discharge; or (b) if sampling in that period is 
inappropriate due to dangerous weather, flooding or other conditions, 
collect the sample as soon as possible after suitable conditions occur, 
and document the reason for the delay.

C. Sampling Methods and Procedures

    Within 60 days of commencement of authorization to discharge as 
provided by Part III.D of this permit, the permittee shall select a 
licensed Arizona laboratory and inform the laboratory of the analytes 
to be sampled. The permittee shall obtain the following polyethylene 
sampling bottles from the laboratory: one 250 ml bottle for bacterial 
analysis, one 500 ml bottle for BOD5 and TSS, and one 500 ml 
bottle for nutrients. These bottles shall be kept ready on-site along 
with an ice-chest. An on-site source of ice shall be identified for 
sample preservation. Samples shall be taken as grab samples directly 
from the end of pipes or from ditches or surface waters. Sample bottles 
shall not touch solid surfaces during sampling. Sample bottles shall be 
filled completely, and shall be packed in ice in the ice-chest and 
delivered to the identified laboratory within six hours of sampling. At 
the laboratory, the sampler or a designee identified by the sampler in 
the field log shall sign the `relinquished by' box on a form which 
shall be provided by the laboratory. On this form, the sampler or 
designee shall note date and time when the samples are delivered. The 
sampler or designee shall inform laboratory of sample type (waste 
water) and analyses to be performed.

D. Sample Documentation and Transport

    The permittee shall record the following information at the time of 
the sampling event and shall include the information with the 
facility's BMP plan pursuant to Part IV.B.1.c.viii of this permit:
    1. Sample location and description of discharge;
    2. Sampler's name(s);
    3. Date and time of sample collection;
    4. Date and time that sample arrived at laboratory; and
    5. Name of person delivering sample to laboratory.

Part VI. Standard Permit Conditions

A. General Conditions

1. Introduction
    In accordance with the provisions of 40 CFR 122.41, et seq., this 
permit incorporates by reference ALL conditions and requirements 
applicable to NPDES Permits set forth in the Clean Water Act, as 
amended, (hereinafter known as the ``Act'') as well as ALL applicable 
regulations.
2. Duty To Comply
    The permittee must comply with all conditions of this permit. Any 
permit noncompliance constitutes a violation of the Act and is grounds 
for enforcement action; for permit termination, revocation, and 
reissuance; for denial of a permit renewal application; and/or for 
requiring a permittee to apply for and obtain an individual NPDES 
permit.
3. Toxic Pollutants
    The permittee shall comply with effluent standards and prohibitions 
established under section 307(a) of the Act for toxic pollutants within 
the time provided in the regulations that establish these standards or 
prohibitions, even if the permit has not yet been modified to 
incorporate the requirement.
4. Permit Actions
    This permit may be modified, revoked and reissued, or terminated 
for cause. The filing of a request for a permit modification, 
revocation and re issuance, or termination, or a notification of 
planned changes or anticipated noncompliance, does not stay any permit 
condition.
5. Property Rights
    The issuance of this permit does not convey any property rights of 
any sort, or any exclusive privileges, nor does it authorize any injury 
to private property or any invasion of personal rights, nor any 
infringement of Federal, State/Tribal or local laws or regulations.
6. Duty To Provide Information
    The permittee shall furnish to the Director, within a reasonable 
time, any information which the Director may request to determine 
whether cause exists for modifying, revoking and reissuing, or 
terminating this permit, or to determine compliance with this permit. 
The permittee shall also furnish to the Director, upon request, copies 
of records required to be kept by this permit.
7. Criminal and Civil Liability
    Nothing in this permit will be construed to relieve the permittee 
from civil or criminal penalties for noncompliance. Any false or 
materially misleading representation or concealment of information 
required to be reported by the provisions of the permit, the Act, or 
applicable regulations which avoids or effectively defeats the 
regulatory purpose of the permit may subject the permittee to criminal 
enforcement pursuant to 18 U.S.C. Section 1001.
8. State/Tribal Laws
    Nothing in this permit will be construed to preclude the 
institution of any legal action or relieve the permittee from any 
responsibilities, liabilities, or penalties established pursuant to any 
applicable State/Indian Tribe law or regulation under authority 
preserved by section 510 of the Act.
9. Severability
    The provisions of this permit are severable, and if any provision 
of this permit or the application of any provision of this permit to 
any circumstance, is held invalid, the application of such provision to 
other circumstances, and the remainder of this permit, will not be 
affected thereby.

B. Proper Operation and Maintenance

1. Need to Halt or Reduce Activity Not a Defense
    It will not be a defense for a permittee in an enforcement action 
to plead that it would have been necessary to halt or reduce the 
permitted activity in order to maintain compliance with the conditions 
of this permit.
2. Duty To Mitigate
    The permittee shall take all reasonable steps to minimize or 
prevent any discharge in violation of this permit which has a 
reasonable likelihood of adversely affecting human health or the 
environment.
3. Proper Operation and Maintenance
    The permittee shall, at all times, properly operate and maintain 
all facilities and systems of treatment and control (and related 
appurtenances) which are installed or used by the permittee to achieve 
compliance with the conditions of this permit. Proper operation and 
maintenance includes the operation of backup or auxiliary facilities or 
similar systems only when necessary to achieve compliance with the 
conditions of the permit.

[[Page 38273]]

C. Monitoring and Records

1. Inspection and Entry
    The permittee shall allow the Director, or an authorized 
representative, upon the presentation of credentials and other 
documents as may be required by law, to:
    a. Enter the permittee's premises where a regulated facility or 
activity is located or conducted, or where records must be kept under 
the conditions of this permit;
    b. Have access to and copy, at reasonable times, any records that 
must be kept under the conditions of this permit;
    c. Inspect, at reasonable times any facilities, equipment 
(including monitoring and control equipment), practices, or operations 
regulated or required under this permit; and
    d. Sample or monitor, at reasonable times, for the purpose of 
assuring permit compliance or as otherwise authorized by the Act, any 
substances or parameters at any location.
2. Representative Sampling
    Samples and measurements taken for the purpose of monitoring will 
be representative of the monitored activity.
3. Retention of Records
    The permittee shall retain records of all monitoring information, 
including all calibration and maintenance records and all original 
strip chart recordings for continuous monitoring instrumentation, 
copies of all reports required by this permit, and records of all data 
used to complete the application for this permit, for a period of at 
least 3 years from the date of the sample, measurement, report, or 
application. This period may be extended by request of the Director at 
any time.
4. Record Content
    Records of monitoring information shall include:
    a. The date, exact place, and time of sampling or measurements;
    b. The individual(s) who performed the sampling or measurements;
    c. The date(s) analyses were performed;
    d. The individual(s) who performed the analyses;
    e. The analytical techniques or methods used; and
    f. The results of such analyses.
5. Monitoring Procedures
    Monitoring must be conducted according to test procedures approved 
under 40 CFR Part 136, unless other test procedures have been specified 
in this permit or approved by the Regional Administrator. The 
requirements at 40 CFR Part 136 may be accessed at the following web-
site: http://www.access.gpo.gov/nara/cfr/cfr-retrieve.html#page1

D. Reporting Requirements

1. Anticipated Noncompliance
    The permittee shall give advance notice to the Director of any 
planned physical alterations or additions or changes in activity which 
may result in noncompliance with permit requirements.
2. Transfers
    This permit is not transferable to any person except after notice 
to the Director. The Director may require modification or revocation 
and reissuance of the permit to change the name of the permittee and 
incorporate such other requirements as may be necessary under the Clean 
Water Act (CWA). (See 40 CFR 122.61; in some cases, modification or 
revocation and reissuance is mandatory.)
3. Twenty-Four Hour Reporting
    The permittee shall report any noncompliance which may endanger 
human health or the environment. Any information must be provided 
orally to the EPA Region IX, via its 24-hour voice mail system, 
telephone number 415/744-1905 within 24 hours from the time the 
permittee becomes aware of the noncompliance circumstances. Notice will 
also be provided to ADEQ or the Tribal Authority, as appropriate. A 
written submission shall also be provided within 5 days of the time the 
permittee becomes aware of the circumstances.
    The report must contain the following information:
    a. A description of the noncompliance and its cause;
    b. The period of noncompliance including exact dates and times, and 
if the noncompliance has not been corrected, the anticipated time it is 
expected to continue; and,
    c. Steps being taken to reduce, eliminate, and prevent recurrence 
of the noncompliance.
4. Other Information
    Where the permittee becomes aware that it failed to submit any 
relevant facts in a permit application, or submitted incorrect 
information in a permit application or in any report to the Director, 
the permittee shall promptly submit such facts or information to the 
Director.

E. Signatory Requirements

    All applications, reports, or information submitted to the Director 
will be signed and certified consistent with 40 CFR 122.22:
    1. All permit applications will be signed as follows:
    a. For a corporation: By a responsible corporate officer. For the 
purpose of this section, a responsible corporate officer means:
    i. A president, secretary, treasurer, or vice-president of the 
corporation in charge of a principal business function, or any other 
person who performs similar policy or decision making functions for the 
corporation; or,
    ii. The manager of one or more manufacturing, production, or 
operating facilities, provided, the manager is authorized to make 
management decisions which govern the operation of the regulated 
facility including having the explicit or implicit duty of making major 
capital investment recommendations, and initiating and directing other 
comprehensive measures to assure long term environmental compliance 
with environmental laws and regulations; the manager can ensure that 
the necessary systems are established or actions taken to gather 
complete and accurate information for permit application requirements; 
and where authority to sign documents has been assigned or delegated to 
the manager in accordance with corporate procedures; or
    b. For a partnership or sole proprietorship: By a general partner 
or the proprietor, respectively, By the co-permittee (if determined to 
be operator).
    2. All reports required by the permit and other information 
requested by the Director shall be signed by a person described above 
or by a duly authorized representative of that person. A person is a 
duly authorized representative only if:
    a. The authorization is made in writing by a person described 
above;
    b. The authorization specifies either an individual or a position 
having responsibility for the overall operation of the regulated 
facility or activity, such as the position of plant manager, operator 
of a well or a well field, superintendent, or position of equivalent 
responsibility, or an individual or position having overall 
responsibility for environmental matters for the company. A duly 
authorized representative may thus be either a named individual or an 
individual occupying a named position; and,
    c. The written authorization is submitted to the Director.

[[Page 38274]]

F. Certification

    Any person signing a document under this section shall make the 
following certification:

    I certify under penalty of law that this document and all 
attachments were prepared under my direction or supervision in 
accordance with a system designed to assure that qualified personnel 
properly gather and evaluate the information submitted. Based on my 
inquiry of the person or persons who manage the system, or those 
persons directly responsible for gathering the information, the 
information submitted is, to the best of my knowledge and belief, 
true, accurate, and complete. I am aware that there are significant 
penalties for submitting false information, including the 
possibility of fines and imprisonment for knowing violations.

G. Availability of Reports

    Any information submitted pursuant to this permit may be claimed as 
confidential by the submitter. If no claim is made at the time of 
submission, information may be made available to the public without 
further notice.

H. Penalties for Violations of Permit Conditions

1. Criminal Penalties
    a. Negligent violations: The Act provides that any person who 
negligently violates Section 301, 302, 306, 307, 308, 318, or 405 of 
the Act or any condition or limitation implementing those provisions in 
a permit issued under Section 402 is subject to a fine of not less that 
$2,750 nor more than $27,500 per day of violation, or by imprisonment 
for not more than one year, or both.
    b. Knowing violations: The Act provides that any person who 
knowingly violates Section 301, 302, 306, 307, 308, 318 or 405 of the 
Act or permit conditions implementing those provisions and who knows at 
that time that he is placing another person in imminent danger of death 
or serious bodily injury is subject to a fine of not more than 
$275,000, or by imprisonment for not more than 15 years, or both.
    c. Knowing endangerment: The Act provides that any person who 
knowingly violates Sections 301, 302, 303, 306, 307, 308, 318, or 405 
of the Act or permit conditions implementing those provisions and who 
knows at that time that he is placing another person in imminent danger 
of death or serious bodily injury is subject to a fine of not more than 
$275,000, or by imprisonment for not more than 15 years, or both.
    d. False statements: The Act provides that any person who knowingly 
makes any false material statement, representation, or certification in 
any application, record, report, plan, or other document filed or 
required to be maintained under the Act or who knowingly falsifies, 
tampers with, or renders inaccurate, any monitoring devise or method 
required to maintained under the Act, shall upon conviction, be 
punished by a fine of not more than $11,000, or by imprisonment for not 
more than two years, or by both. If a conviction of a person is for a 
violation committed after a first conviction of such person under this 
paragraph, punishment shall be by a fine of not more than $22,000 per 
day of violation, or by imprisonment of not more than four years, or by 
both. (See Section 309(c)4 of the Clean Water Act)
2. Civil Penalties
    The Act provides that any person who violates a permit condition 
implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act 
is subject to a civil penalty not to exceed $27,500 per day for each 
violation. (See Section 309(d))
3. Administrative Penalties
    The Act provides that the Administrator may assess a Class I or 
Class II administrative penalty if the Administrator finds that a 
person has violated Sections 301, 302, 306, 307, 308, 318, or 405 of 
the Act or a permit condition or limitation implementing these 
provisions, as follows (See Section 309(g))
    a. Class I penalty; Not to exceed $11,000 per violation nor shall 
the maximum amount exceed $27,500.
    b. Class II penalty: Not to exceed $11,000 per day for each day 
during which the violation continues nor shall the maximum amount 
exceed $137,500.

I. Upset

1. Definition
    ``Upset'' means an exceptional incident in which there is 
unintentional and temporary noncompliance with Part IV.A.1 of this 
permit because of factors beyond the reasonable control of the 
permittee. An upset does not include noncompliance to the extent caused 
by operational error, improperly designed treatment facilities, 
inadequate treatment facilities, lack of preventive maintenance, or 
careless or improper operation.
2. Effect of an Upset
    An upset constitutes an affirmative defense to an action brought 
for noncompliance with Part IV.A.1 of this permit if the requirements 
of Part VI.I.3 of this permit are met. No determination made during 
administrative review of claims that noncompliance was caused by upset, 
and before an action for noncompliance, is final administrative action 
subject to judicial review.
3. Conditions Necessary for a Demonstration of Upset
    A permittee who wishes to establish the affirmative defense of 
upset shall demonstrate, through properly signed, contemporaneous 
operating logs, or other relevant evidence that:
    (i) An upset occurred and that the permittee can identify the 
cause(s) of the upset;
    (ii) The permitted facility was at the time being properly 
operated;
    (iii) The permittee submitted notice of the upset as required in 
Part V.A of this permit (24-hour notice); and
    (iv) The permittee complied with any remedial measures required 
under Part VI.B.2 of this permit.
4. Burden of Proof
    In any enforcement proceeding the permittee seeking to establish 
the occurrence of an upset has the burden of proof.

Part VII. Definitions

A. 25-Year, 24-Hour Storm Event

    Means the maximum 24-hour precipitation event with a probable 
recurrence interval of once in 25 years, as defined by the National 
Weather Service in Technical Paper Number 40, ``Rainfall Frequency 
Atlas of the United States'', May 1961, and subsequent amendments, or 
equivalent regional or state rainfall probability information developed 
therefrom. A current map showing the 25-year, 24-hour precipitation 
event may be viewed at the following website: http://www.wrcc.dri.edu/pcpnfreq/az25y24.gif, which is maintained by the Western Regional 
Climate Center, accessible through the Homepage for the 
Hydrometeorological Design Studies Center, part of the National Weather 
Service's Office of Hydrology.

B. Animal Feeding Operation

    Is defined at 40 CFR 122.23(b) as: ``(1)* * * a lot or facility 
(other than an aquatic animal production facility) where the following 
conditions are met: (i) Animals (other than aquatic animals) have been, 
are, or will be stabled or confined and fed or maintained for a total 
of 45 days or more in any 12-month period, and (ii) Crops, vegetation 
forage growth, or post-harvest residues are not sustained in the normal 
growing season over any portion of the lot or facility. (2) Two or more 
animal feeding operations under common ownership are considered, for 
the purposes of these

[[Page 38275]]

regulations, to be a single animal feeding operation if they adjoin 
each other or if they use a common area or system for the disposal of 
wastes.''

C. Application

    Means a written ``notice of intent'' pursuant to 40 CFR 122.28.

D. Best Management Practices (``BMPs'')

    Means schedules of activities, prohibitions of practices, 
maintenance procedures, and other management practices to prevent or 
reduce the pollution of waters of the United States. Best Management 
Practices also include treatment requirements, operating procedures, 
and practices to control site runoff, spillage or leaks, sludge or 
waste disposal, or drainage from raw material storage.

E. Catastrophic Storm Event

    Is equivalent to a 25-year, 24-hour storm event. Catastrophic 
events include tornadoes, hurricanes or other catastrophic conditions 
that would cause an overflow from a waste water control or retention 
structure that is designed, constructed, operated and maintained to 
meet all the requirements of this permit.

F. Certified Nutrient Management Planning Specialist

    Is a person, including a CAFO operator or other third party vendor, 
who has completed the following training and who has received approval 
by the Natural Resources Conservation Service (NRCS) as a ``Certified 
Nutrient Management Planning Specialist.'' A Certified Nutrient 
Management Planning Specialist has the authority to plan or approve 
Nutrient Management Plans (NMPs) under this permit.
    1. The following NRCS web-based classes, located at http://www.ftw.nrcs.usda.gov/nedc/homepage.html, must have been completed and 
passed by a person training to be a Certified Nutrient Management 
Planning Specialist prior to that person undertaking the training 
described in subsection 2 below:
    a. ``Introduction to Water Quality'',
    b.''Nutrient Management Considerations in Conservation Planning'', 
and
    c.''Agricultural Waste Management Systems--A Primer''.
    2. The following NRCS-Arizona 1-day Nutrient Management Training 
Course must have been completed and passed by a person training to be a 
Certified Nutrient Management Planning Specialist prior to that person 
being eligible to obtain approval by the NRCS as a Certified Nutrient 
Management Planning Specialist:
    a. Conservation Planning Course Modules 1-5,
    b. Federal Regulations,
    c. Arizona Regulations, and
    d. ``Arizona Nutrient Management Considerations in Conservation 
Planning''.

G. Chronic Rainfall

    Is a series of wet weather conditions that preclude de-watering of 
properly maintained waste water control or retention structures.

H. Concentrated Animal Feeding Operation (CAFO)

    Is defined at 40 CFR 122.23(b) to mean an animal feeding operation 
which meets the criteria in appendix B of 40 CFR 122, or which the 
Director so designates. Appendix B to Part 122-Criteria for Determining 
a Concentrated Animal Feeding Operation (122.23) states that: ``An 
animal feeding operation is a concentrated animal feeding operation for 
purposes of 122.23 if either of the following criteria are met.
    (a) More than the numbers of animals specified in any of the 
following categories are confined:
    (1) 1,000 slaughter and feeder cattle,
    (2) 700 mature dairy cattle (whether milked or dry cows),
    (3) 2,500 swine each weighing over 25 kilograms (approximately 55 
pounds),
    (4) 500 horses,
    (5) 10,000 sheep or lambs,
    (6) 55,000 turkeys,
    (7) 100,000 laying hens or broilers (if the facility has continuous 
overflow watering),
    (8) 30,000 laying hens or broilers (if the facility has a liquid 
manure system),
    (9) 5,000 ducks, or
    (10) 1,000 animal units; or
    (b) More than the following number and types of animals are 
confined:
    (1) 300 slaughter and feeder cattle,
    (2) 200 mature dairy cattle (whether milked or dry cows),
    (3) 750 swine each weighing over 25 kilograms (approximately 55 
pounds),
    (4) 150 horses,
    (5) 3,000 sheep or lambs,
    (6) 16,500 turkeys,
    (7) 30,000 laying hens or broilers (if the facility has continuous 
overflow watering),
    (8) 9,000 laying hens or broilers (if the facility has a liquid 
manure system),
    (9) 1,500 ducks, or
    (10) 300 animal units;

and either one of the following conditions are met: pollutants are 
discharged into navigable waters through a manmade ditch, flushing 
system or other similar man-made device; or pollutants are discharged 
directly into waters of the United States which originate outside of 
and pass over, across, or through the facility or otherwise come into 
direct contact with the animals confined in the operation.
    Provided, however, that no animal feeding operation is a 
concentrated animal feeding operation as defined above if such animal 
feeding operation discharges only in the event of a 25 year, 24-hour 
storm event.''

I. Discharge

    Means the ``discharge of a pollutant''.

J. Discharge of a Pollutant

    Means any addition of any pollutant or combination of pollutants to 
waters of the United States from any point source. This definition 
includes additions of pollutants into waters of the United States from: 
surface water runoff which is collected or channeled by man; discharges 
through pipes, sewers, or other conveyances owned by a State, 
municipality, or other person which do not lead to a treatment works; 
and discharges through pipes, sewers, or other conveyances leading into 
privately owned treatment works. [See, 40 CFR 122.2.]

K. Effective Date of the Permit

    Is August 27, 2001.

L. Feedlot

    Means a concentrated, confined animal or poultry growing operation 
for meat, milk, or egg production, or stabling, in pens or houses 
wherein the animals or poultry are fed at the place of confinement and 
crop or forage growth or production is not sustained in the area of 
confinement.

M. Freeboard

    Means the linear distance in feet from the structural top of a berm 
(usually defined by a road or access path) to the operational level of 
waste water in a retention structure.

N. Ground Water

    Means any subsurface waters.

O. Hazardous Substance

    Means any substance designated under 40 CFR Part 116 pursuant to 
section 311 of the Act. A list of currently designated hazardous 
substances is included in 40 CFR 116.4, Table 116.4A. 40 CFR 116.4 may 
be obtained at the following web-site: http://www.access.gpo.gov/nara/cfr/cfr-retrieve.html#page1, by entering the following numbers: Title 
40, Part 116, and Section 4 for the ``most recent available'' revision 
year. Alternatively, a

[[Page 38276]]

paper copy of 40 CFR 116.4, Table 116.4A may be obtained by contacting 
U.S. EPA Region 9's CWA Standards and Permits Office at (415) 744-1898 
or (415) 744-1922.

P. Hydrologic Connection

    Means a discrete connection between groundwater and surface water, 
e.g. percolation from a waste impoundment or improper land application 
resulting in down-gradient seepage into waters of the United States.

Q. Land Application

    Means the application of process waste water or waste onto or 
incorporation into the soil.

R. Manure

    Means animal waste.

S. New Source

    Means the following as defined under 40 CFR 122.29 (b)(1):
    ``(i) It is constructed at a site at which no other source is 
located; or (ii) It totally replaces the process or production 
equipment that causes the discharge of pollutants at an existing 
source; or (iii) Its processes are substantially independent of an 
existing source at the same site. In determining whether these 
processes are substantially independent, the Director shall consider 
such factors as the extent to which the new facility is integrated with 
the existing plant; and the extent to which the new facility is engaged 
in the same general type of activity as the existing source.''

T. Nutrient Management Plan (NMP)

    Means a plan, approved by Natural Resources Conservation Service 
(NRCS) or a Certified Nutrient Management Planning Specialist, which, 
among other elements, establishes the rates at which manure or process 
waste water can be land applied so as to meet crop nutrient needs while 
minimizing the amount of pollutants discharged in agricultural return 
flows. The requirements for NMPs have been established by NRCS under 
the NRCS Conservation Practice Standard--Arizona Nutrient Management, 
Code 590. An NMP must contain the following minimum information: a 
Field Map, Soil Test Results, Crop Sequence, Realistic Yield Goals, 
Manure and Waste Water Nutrient Values, Recommended Application Rates, 
Recommended Application Methods, and Guidance for implementation, 
operation, maintenance and record keeping.

U. Pollutant

    Means the following as defined under 40 CFR 122.2: ``dredged spoil, 
solid waste, incinerator residue, filter back-wash, sewage, garbage, 
sewage sludge, munitions, chemical wastes, biological materials, 
radioactive materials * * *, heat, wrecked or discarded equipment, 
rock, sand, cellar dirt and industrial, municipal, and agricultural 
waste discharged into water.''

V. Process Waste Water

    Means any process generated waste water; and any precipitation 
(e.g., rain or snow) which comes into contact with any manure, litter 
or bedding, or any other raw material or intermediate or final material 
or product used in or resulting from the production of animals or 
poultry or direct products (e.g., milk, eggs).

W. Process Generated Waste Water

    Means water directly or indirectly used in the operation of a 
feedlot for any or all of the following: spillage or overflow from 
animal or poultry watering systems; washing, cleaning or flushing pens, 
barns, manure pits or other feedlot facilities; direct contact 
swimming, washing or spray cooling of animals; and dust control.

X. Spill

    Means discharge, usually (but not exclusively) a small, inadvertent 
discharge of a toxic pollutant or hazardous substance.

Y. The Act

    Means Federal Water Pollution Control Act as amended, also known as 
the Clean Water Act, found at 33 U.S.C. 1251 et seq.

Z. Toxic Pollutants

    Means any pollutant listed as toxic under Section 307(a)(1) of the 
Act. Toxic pollutants are listed in 40 CFR 401.15, which may be 
obtained at the following web-site: http://www.access.gpo.gov/nara/cfr/cfr-retrieve.html#page1 by entering the following numbers: Title 40, 
Part 401, and Section 15 for the ``most recent available'' revision 
year. Alternatively, a paper copy of 40 CFR 401.15 may be obtained by 
contacting U.S. EPA Region 9's CWA Standards and Permits Office at 
(415) 744-1898 or (415) 744-1922.

AA. Waste

    Means manure as well as bedding, feed and other by-products of an 
animal feeding operation.

BB. Waste Water Control or Retention Structure

    Means any structure such as a pond, impoundment or lagoon used for 
the retention of liquid wastes or sludges (including manure, liquid 
waste, and runoff from the feedlot area) on the premises until their 
ultimate disposal. This includes all collection ditches, conduits and 
swales for the collection of runoff and waste water.

CC. Water Quality Limited Segment

    Means a water body identified as Water Quality Limited Segment 
pursuant to 40 CFR 130.7. At the time of permit issuance the most 
recent list of water quality limited waters in Arizona may be found in: 
``Arizona's 1998 Water Quality Limited Waters List,'' ADEQ, July 1998, 
EQR-98-8.

DD. Water Quality Standard

    Is defined at 40 CFR 130.2(d) as: ``Provisions of State or Federal 
law which consist of a designated use or uses for the waters of the 
United States and water quality criteria for such waters based upon 
such uses. Water quality standards are to protect the public health or 
welfare, enhance the quality of water and serve the purposes of the 
Act.'' The State of Arizona's water quality standards are contained in 
Arizona Administrative Code Title 18 (Environmental Quality) Chapter 11 
(Department of Environmental Quality Water Quality Standards) Article 1 
(Water Quality Standards for Surface Waters). The website where they 
may be found is: http://www.sosaz.com/public_services/Title_18/18-11.htm.

EE. Waters of the United States

    Is defined at 40 CFR 122.2 as: ``(a) All waters which are currently 
used, were used in the past, or may be susceptible to use in interstate 
or foreign commerce, including all waters which are subject to the ebb 
and flow of the tide; (b) All interstate waters, including interstate 
''wetlands;''(c) All other waters such as intrastate lakes, rivers, 
streams (including intermittent streams), mudflats, sandflats, 
''wetlands,'' sloughs, prairie potholes, wet meadows, playa lakes, or 
natural ponds the use, degradation, or destruction of which would 
affect or could affect interstate or foreign commerce including any 
such waters: (1) Which are or could be used by interstate or foreign 
travelers for recreational or other purposes; (2) From which fish or 
shellfish are or could be taken and sold in interstate or foreign 
commerce; or (3) Which are used or could be used for industrial 
purposes by industries in interstate commerce; (d) All impoundments of 
waters otherwise

[[Page 38277]]

defined as waters of the United States under this definition; (e) 
Tributaries of waters identified in paragraphs (a) through (d) of this 
definition; (f) The territorial sea; and (g) ``Wetlands'' adjacent to 
waters (other than waters that are themselves wetlands) identified in 
paragraphs (a) through (f) of this definition. Waste treatment systems, 
including treatment ponds or lagoons designed to meet the requirements 
of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which 
also meet the criteria of this definition) are not waters of the United 
States. * * * .''

Part VIII. Availability of Technical and Legal References

    Hard copies or electronic versions of all citations and technical 
or other documents referenced in this permit may be obtained by 
contacting Shirin Tolle at (415) 744-1898 or Jacques Landy at (415) 
744-1922.

[FR Doc. 01-18193 Filed 7-20-01; 8:45 am]
BILLING CODE 6560-60-P