[Federal Register Volume 67, Number 242 (Tuesday, December 17, 2002)]
[Notices]
[Pages 77258-77271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31465]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7421-3]


Final NPDES General Permit for Reject Water from Reverse Osmosis 
Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final NPDES general permits--MAG450000.

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

SUMMARY: The Director of the Office of Ecosystem Protection, 
Environmental Protection Agency-New England (EPA-NE), is issuing Notice 
of Final National Pollutant Discharge Elimination System (NPDES) 
general permits for reject water from reverse osmosis units to certain 
waters in the State of Massachusetts. These final NPDES general permits 
establish Notice of Intent (NOI) requirements, effluent limitations, 
standards, prohibitions, and management practices for reverse osmosis 
reject water.
    Owners and/or operators of sites that discharge reject water from 
reverse osmosis units will be required to submit an NOI to EPA-NE to be 
covered by the appropriate general permit and will receive a written 
notification from EPA-NE of permit coverage and authorization to 
discharge under one of these general permits. The eligibility 
requirements are discussed in detail in sections II and III in the fact 
sheet to this Federal Register Notice and the reader is strongly urged 
to go to that section before reading further. These general permits do 
not cover new sources as defined under 40 CFR 122.2.

DATES: The general permits shall be effective on the date specified in 
the final general permits published in the Federal Register and will 
expire five years from the date that the final permits are published in 
the Federal Register. If the general permits are not reissued prior to 
the expiration date, they will be administratively continued and remain 
in effect as long as the permittee submits a new notice of intent two 
months prior the expiration date of the general permit.

ADDRESSES: Notice of Intent to be authorized to discharge under these 
permits should be sent to: United States Environmental Protection 
Agency (CPE), 1 Congress Street, Suite 1100, Boston, Massachusetts 
02114-2023, and Massachusetts Department of Environmental Protection, 
Division of Watershed Management, 627 Main Street, 2nd floor, 
Worcester, Massachusetts 01608.

FOR FURTHER INFORMATION CONTACT: Additional information concerning 
these final permits may be obtained between the hours of 8 a.m. and 4 
p.m. Monday through Friday excluding holidays from: Betsy Davis, Office 
of Ecosystem Protection, Environmental Protection Agency, 1 Congress 
Street, Suite 1100, Boston, MA 02114-2023; telephone: 617-918-1576.

SUPPLEMENTARY INFORMATION: The following Fact Sheet and Supplementary 
Information section sets forth principal facts and the significant 
factual, legal and policy questions considered in the development of 
these final general permits. A reasonable fee may be charged for 
copying requests.

Table of Contents

Fact Sheet and Supplementary Information

I. Introduction
II. Coverage of General Permits
III. Exclusions
IV. Permit Basis and Other Conditions of the General NPDES Permits
    A. Statutory Requirements
    B. Antidegradation Provisions
    C. Effluent Limitations
    1. Technology based limitations
    2. Water quality based limitations
    a. Background
    b. pH
    c. Copper
    d. Ammonia
    D. Monitoring and Reporting Requirements
    E. Endangered Species Act
    F. Standard Permit Conditions
    G. State (401) Certification
    H. Environmental Impact Statement Requirements
    I. National Historic Preservation Act of 1966
    J. Essential Fish Habitat
V. Other Legal Requirements
    A. Executive Order 12866
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act

Final General Permits

Part I--General Permits

A. Massachusetts General Permit, Permit No. MAG450000 for minor 
facilities discharging from reverse osmosis units to freshwater with 
a dilution factor between 10 and 99
    1. Effluent Limitations and Monitoring Requirements
B. Massachusetts General Permit, Permit No. MAG450000 for minor 
facilities discharging from reverse osmosis units to freshwater with 
a dilution factor between 100 and 1000
    1. Effluent Limitations and Monitoring Requirements
C. Common Elements for All Permits
    1. Conditions of the General Permits
    a. Geographic Area
    b. Exclusions
    c. Notification by Permittee
    2. Administrative Aspects
    a. Request to be Covered
    b. Eligibility to Apply
    c. Continuation of General Permits After Expiration
D. Monitoring and Reporting
E. Additional General Permit Conditions
F. Summary of Response to Public Comments

Part II Standard Conditions

A. State Conditions
B. General Requirements
C. Operation and Maintenance of Pollution Control Equipment
D. Monitoring and Records
E. Reporting Requirements
F. Other Conditions
Appendix A Dilution Factor
Appendix B Copper Calculation

Fact Sheet and Supplemental Information

I. Introduction

    The Director of the Office of Ecosystem Protection, EPA-New 
England, is issuing general permits for the discharge of reject water 
from reverse osmosis units to certain waters in the State of 
Massachusetts. This document contains Part I, the Draft General NPDES 
Permits and, Part II, Standard Conditions.

II. Coverage of General Permits

    Section 301(a) of the Clean Water Act (the Act) provides that the 
discharge of pollutants is unlawful except in accordance with a 
National Pollutant Discharge Elimination System (NPDES) permit unless 
such a discharge is otherwise authorized by the Act. EPA's regulations 
authorize the issuance of ``general permits'' to one or more categories 
or subcategories of discharges (see 40 CFR 122.28 ). EPA may issue a 
single, general permit to a category of point sources located within 
the same geographic area whose discharges warrant similar pollution 
control measures.
    A. The Director of an NPDES permit program is authorized to issue a 
general permit if there are a number of point sources operating in a 
geographic area that:

[[Page 77259]]

    1. Involve the same or substantially similar types of operations;
    2. Discharge the same types of wastes;
    3. Require the same effluent limitations or operating conditions;
    4. Require the same or similar monitoring requirements; and
    5. In the opinion of the Director, are more appropriately 
controlled under a general permit than under individual permits.
    Authorization under these general permits shall require prior 
submittal of certain facility information. Upon receipt of all required 
information, the permit issuing authority may allow or disallow 
coverage under these general permits.
    B. The similarity of the discharge is prompting EPA to issue these 
general permits. When issued, these permits will enable facilities to 
maintain compliance with the Act, will extend environmental and 
regulatory controls to new dischargers, and will avoid a backlog of 
individual permit applications. The issuing of these general permits in 
Massachusetts is warranted by the similarity of environmental 
conditions; State regulatory requirements applicable to the discharges 
and receiving waters; and the technology employed.
    Violations of a condition of a general permit constitute a 
violation of the Clean Water Act and subjects the discharger to the 
penalties in section 309 of the Act.

III. Exclusions

    These general permits will not be available to:
    1. Facilities whose discharge(s) could cause or contribute to 
adverse water quality impacts.
    2. Mobile water purification units using reverse osmosis as a means 
of water treatment.
    3. Facilities whose wastewater is treated with a reverse osmosis 
system, that are required to follow established effluent guidelines and 
standards pursuant to 40 CFR Subchapter N.
    4. Facilities when the Director requires an individual permit, 
based on considerations of the following:
    a. The variability of the pollutants or pollutant parameters in the 
effluent based on chemical specific information.
    b. Recommendations from the State.
    c. Other considerations which the Director determines could cause 
or contribute to adverse water quality impacts.
    EPA has determined that these general permits will not be available 
to ``New Source'' dischargers as defined in 40 CFR 122.2 due to the 
site specific nature of the environmental review required by the 
National Environmental Policy Act of 1969 (NEPA), 33 U.S.C. 4321 et 
seq. for those facilities. ``New Sources'' must comply with New Source 
Performance Standards (NSPS) and are subject to the NEPA process in 40 
CFR 6.600. Consequently, EPA has determined that it would be more 
appropriate to address ``New Sources'' through the individual permit 
process.
    Any owner or operator authorized by a general permit may request to 
be excluded from coverage of a general permit by applying for an 
individual permit. This request may be made by submitting a NPDES 
permit application together with reasons supporting the request. The 
Director may also require any person authorized by a general permit to 
apply for and obtain an individual permit. Any interested person may 
petition the Director to take this action. However, individual permits 
will not be issued for sources covered by these general permits unless 
it can be clearly demonstrated that inclusion under one of these 
general permits is inappropriate. The Director may consider the 
issuance of individual permits when:
    1. The discharger is not in compliance with the terms and 
conditions of the general permit;
    2. A change has occurred in the availability of demonstrated 
technology or practices for the control or abatement of pollutants 
applicable to the point source;
    3. Effluent limitation guidelines are subsequently promulgated for 
the point sources covered by the general NPDES permit;
    4. A Water Quality Management Plan or Total Maximum Daily Load 
(TMDL) containing requirements applicable to such point sources is 
approved;
    5. Circumstances have changed since the time of the request to be 
covered so that the discharger is no longer appropriately controlled 
under the general permit, or either a temporary or permanent reduction 
or elimination of the authorized discharge is necessary;
    6. The discharge(s) is a significant contributor of pollution or in 
violation of State Water Quality Standards for the receiving water; or
    7. The discharge(s) is into an impaired water of the Federal Clean 
Water Act 303 (d) list, and the pollutant/stressor listed on the 
section 303 (d) list is one of the parameters limited in the permit.
    In accordance with 40 CFR 122.28(b)(3)(iv), the applicability of 
the general permit is automatically terminated on the effective date of 
the individual permit.

IV. Permit Basis and Other Conditions of the General NPDES Permit

A. Statutory Requirements

    Section 301(a) of the Clean Water Act (CWA or the Act), 33 U.S.C. 
1311(a), makes it unlawful to discharge pollutants to waters of the 
United States without a permit. Section 402 of the Act, 33 U.S.C. 1342, 
authorizes EPA to issue NPDES permits allowing discharges that will 
meet certain requirements, including CWA sections 301, 304, and 401 (33 
U.S.C. 1331, 1314, and 1341). Those statutory provisions state that 
NPDES permits must include effluent limitations requiring authorized 
discharges to: (1) Meet standards reflecting specified levels of 
technology-based treatment requirements; (2) comply with State Water 
Quality Standards; and (3) comply with other state requirements adopted 
under authority retained by states under CWA section 510, 33 U.S.C. 
1370.
    EPA is required to consider technology and water quality 
requirements when developing permit limits. 40 CFR part 125, subpart A 
sets the criteria and standards that EPA must use to determine which 
technology-based requirements, requirements under section 301(b) of the 
Act and/or requirements established on a case by case basis under 
section 401(a)(1) of the Act, should be included in the permit.

B. Antidegradation Provisions

    The conditions of the permit reflect the goal of the CWA and EPA to 
achieve and maintain water quality standards. The environmental 
regulations pertaining to the State Antidegradation Policies which 
protect the State's surface waters from degradation of water quality is 
found in the following provision: Massachusetts Water Quality Standards 
314 CMR 4.04 Antidegradation Provisions.
    These general permits do not apply to any new or increased 
discharge to receiving waters unless the discharge is shown to be 
consistent with the State's antidegradation policies. This 
determination shall be made in accordance with the appropriate State 
antidegradation implementation procedures for these general permits. 
EPA will not authorize discharges under these general permits until it 
receives a favorable antidegradation review and certification from the 
States. (Concurrent to the publication of these general permits in the 
Federal Register, EPA has formally requested the State to make an 
antidegradation certification determination). The Commonwealth of 
Massachusetts will conduct antidegradation reviews for notices of

[[Page 77260]]

intent to discharge, under these general permits, into Class A waters.

C. Effluent Limitations

    1. Technology-based Effluent Limitations: EPA has not promulgated 
National Effluent Guidelines for reverse osmosis reject water 
discharges. EPA also believes that the limits established to meet the 
water quality standards discussed below are sufficient to satisfy Best 
Available Technology Economically Achievable/Best Conventional 
Pollutant Control Technology (BAT/BCT) described in section 304(a) of 
the Act. Therefore, as provided in section 402(a)(1) of the Act, EPA 
has determined to issue these general permits utilizing Best 
Professional Judgement (BPJ) to meet the above stated criteria for BAT/
BCT described in section 304(b) of the Act. Accordingly, monthly 
average and maximum daily limitations for Total Suspended Solids (TSS) 
and Total Residual Chlorine are established based upon Best 
Professional Judgement pursuant to section 402(a)(1) of the CWA.
    2. Water Quality Based Effluent Limitations: Under section 
301(b)(1)(C) of the Act, discharges are subject to effluent limitations 
based on water quality standards when EPA and the State determine that 
effluent limits more stringent than technology-based limits are 
necessary to maintain or achieve state or federal water quality 
standards. A water quality standard consists of three elements: (1) 
Designated beneficial uses, (2) a numeric or narrative water-quality 
criteria sufficient to protect the assigned designated use(s), and (3) 
an antidegradation policy that ensures that water quality improvements 
are conserved, maintained, and protected. Receiving stream requirements 
are established according to numerical and narrative standards adopted 
under state and/or federal law for each stream use classification. 
Section 401 of the CWA requires that EPA obtain State certification 
which ensures that all water quality standards and other appropriate 
requirements of state law will be satisfied. Regulations governing 
State certification are set forth in 40 CFR 124.53 and 124.55. The 
State of Massachusetts has narrative criteria in their water quality 
regulations. See Massachusetts 314 CMR 4.05(5)(e) that prohibits toxic 
discharges in toxic amounts. These permits do not allow for the 
addition of materials or chemicals which would produce a toxic effect 
to any aquatic life. Reverse osmosis reject water shall not contain or 
come in contact with raw materials, intermediate products, finished 
products or process wastes. Therefore, it could be assumed that the 
discharges do not contain toxic or hazardous pollutants or oil or 
grease. Nevertheless, toxic effects may still occur as a result of 
toxic source water, toxic pollutants due to the use of chlorine or due 
to dissolution of the piping in the local water systems that is 
typically the source of water used in reverse osmosis. Any reverse 
osmosis reject water which would violate water quality standards 
established for toxic or hazardous pollutants would not qualify for 
these general permits and an individual permit would be required. Water 
quality criteria applicable to reverse osmosis reject water discharges 
covered by these general permits include pH, copper, and ammonia. A 
summary of the effluent limitations are described below:
pH
    These general permits include proposed pH limitations which are 
required by state water quality standards and are at least as stringent 
as pH limitations set forth at 40 CFR 133.102. The water quality 
criteria for the pH limitations for Massachusetts can be found at 314 
CMR 4.05.
Copper, Total
    EPA is required to limit any pollutant that is or may be discharged 
at a level that has caused, or has reasonable potential to cause, or 
contributes to an excursion above any water quality criterion. Copper 
may be toxic to aquatic life at low concentrations, so the permits 
contain numerical limits for total recoverable copper and specifies an 
appropriate method of analysis. The copper limits have been calculated 
(see Attachment B) to reflect the water quality criteria published in 
the Federal Register on December 10, 1998. The maximum daily limit for 
copper based on the acute water quality criteria is 73 ug/l and the 
average monthly limit, based on the chronic criteria, is 52 ug/l when 
the dilution factor is between 10 and 99. The maximum daily limit for 
copper based on the acute water quality criteria is 730 ug/l and the 
average monthly limit, based on the chronic criteria, is 516 ug/l when 
the dilution factor is between 100 and 1000.
Nitrogen, Total Ammonia
    Chloromines are introduced into the water source used in reverse 
osmosis units when the units are bleached or cleaned with hypochlorite. 
Ammonia in the source water reacts with hypochlorite creating 
chloromines causing the reject water to contain ammonia. Therefore, 
Total Ammonia Nitrogen is required to be monitored monthly. This 
parameter will be used in conjunction with additional water quality 
data to evaluate whether ammonia from reverse osmosis units has a 
potential impact on the receiving water.

D. Monitoring and Reporting Requirements

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

E. Endangered Species

    The proposed limits are sufficiently stringent to assure that water 
quality standards for both aquatic life protection and human health 
protection will be met. The effluent limitations established in these 
permits ensure protection of aquatic life and maintenance of the 
receiving water as an aquatic habitat. The Region finds that adoption 
of these final permits are unlikely to adversely affect any threatened 
or endangered species or its critical habitat. EPA will consult with 
the United States Fish and Wildlife Service and National Marine 
Fisheries Service on this determination. The U.S. Fish and Wildlife 
Service and the National Marine Fisheries Service will notify EPA for 
any new listings.
    The National Marine Fisheries Service has indicated that the 
endangered shortnose sturgeon (Acipenser brevirostrum) inhabits certain 
sections of the Merrimack and Connecticut Rivers in Massachusetts. Any 
facility whose discharge may adversely effect the sturgeon or any other 
threatened or endangered species or its habitat, is required to contact 
the National Marine Fisheries at the following address: U.S. Department 
of Commerce, National Oceanic and Atmospheric Administration, National 
Marine Fisheries Service (NMFS), Habitat and Protected Resources 
Division, One Blackburn Drive, Gloucester, MA 01903-2298.

[[Page 77261]]

F. Standard Permit Conditions

    40 CFR 122.41 and 122.42 establish requirements which must be in 
all NPDES permits. Specific language will be provided to permittees in 
part II of the permit.

G. State (401) Certification

    Section 401 of the CWA provides that no Federal license or permit, 
including NPDES permits, to conduct any activity that may result in any 
discharge into navigable waters shall be granted until the State in 
which the discharge originates certifies that the discharge will comply 
with the applicable provisions of sections 301, 302, 303, 306, and 307 
of the CWA. EPA-NE will request that the Commonwealth of Massachusetts 
conduct section 401 reviews and issue a State certification. In 
addition, EPA and the Commonwealth of Massachusetts will jointly issue 
the final permits.

H. Environmental Impact Statement Requirements

    These general permits do not authorize discharges from any new 
sources as defined under 40 CFR 122.2. Therefore, the National 
Environmental Policy Act, 33 U.S.C. 4321 et seq., does not apply to the 
issuance of these general NPDES permits.

I. National Historic Preservation Act of 1966, 16 U.S.C. SS470 et seq.

    Facilities which adversely affect properties listed or eligible for 
listing in the National Registry of Historic Places under the National 
Historic Preservation Act of 1966, 16 U.S.C. SS470 et seq. are not 
authorized to discharge under this permit.

J. Essential Fish Habitat

    Under the 1996 Amendments (Pub. L. 104-267) to the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq. 
(1998)), EPA is required to consult with NMFS if EPA's action or 
proposed actions that it funds, permits or undertakes, ``may adversely 
impact any essential fish habitat.'' 16 U.S.C. 1855(b). The Amendments 
broadly define ``essential fish habitat'' (EFH) as ``waters and 
substrate necessary to fish for spawning, breeding, feeding or growth 
to maturity.'' 16 U.S.C. 1802(10). Adverse impact means any impact 
which reduces the quality and/or quantity of EFH. 50 CFR 600.910(a). 
Adverse effects may include direct (e.g., contamination or physical 
disruption), indirect (e.g., loss of prey, reduction in species' 
fecundity), site-specific or habitat-wide impacts, including 
individual, cumulative or synergistic consequences of actions.
    Essential Fish Habitat is only designated for fish species for 
which federal Fisheries Management Plans exist. 16 U.S.C. 
1855(b)(1)(A). EFH designations for New England were approved by the 
U.S. Department of Commerce on March 3, 1999.
    The proposed limits for these general permits are sufficiently 
stringent to assure that state water quality standards will be met. The 
effluent limitations established in these permits ensure protection of 
aquatic life and maintenance of the receiving water as an aquatic 
habitat. The Region finds that adoption of the proposed permit is 
unlikely to adversely affect any fish or shellfish currently listed 
with a Fisheries Management Plan or its critical habitat. EPA will seek 
written concurrence from the National Marine Fisheries Service on this 
determination.

V. Other Legal Requirements

A. Executive Order 12866

    EPA has determined that the general permits are not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

B. Paperwork Reduction Act

    The information collection requirements of these permits were 
previously approved by the Office of Management and Budget under the 
provisions of the Paperwork Reduction Act. 44 U.S.C. 3501 et seq., and 
assigned OMB control number 2040-0086 (NPDES permit application) and 
2040-0004 (Discharge Monitoring Reports).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
requires that EPA prepare a regulatory flexibility analysis for rules 
subject to the requirements of 5 U.S.C. 553(b) that have a significant 
impact on a substantial number of small entities. The permits issued 
today, however, are not a ``rule'' subject to the requirements of 5 
U.S.C. 553(b) and, are therefore, not subject to the Regulatory 
Flexibility Act.

D. Unfunded Mandates Reform Act

    Section 201 of the Unfunded Mandates Reform Act (UMRA), Pub. L. 
104-4, generally requires Federal agencies to assess the effects of 
their ``regulatory actions'' (defined to be the same as ``rules'' 
subject to the RFA) on tribal, state and local governments and the 
private sector. The permits issued today, however, are not a ``rule'' 
subject to the RFA and, are therefore, not subject to the requirements 
of UMRA.

    Dated: November 30, 2002.
Robert W. Varney,
Regional Administrator, Region 1.

Part I--Final General Permit Under the National Pollutant Discharge 
Elimination System (NPDES)

(Note: Part IA and Part IB contain general permits for the state of 
Massachusetts (both Commonwealth and Indian Country Lands).)

A. Massachusetts General Permit, Permit No. MAG450000

    In compliance with the provisions of the Federal Clean Water Act, 
as amended, (33 U.S.C. 1251 et seq.; the ``CWA''), and the 
Massachusetts Clean Waters Act, as amended, (M.G.L. Chap. 21, sections 
26-53), operators of facilities located in Massachusetts, which 
discharge reject water from reverse osmosis units to the classes of 
waters as designated in the Massachusetts Water Quality Standards, 314 
CMR 4.00 et seq., are authorized to discharge to all waters, unless 
otherwise restricted, in accordance with effluent limitations, 
monitoring requirements and other conditions set forth herein.
    This permit shall become effective when issued. This permit and the 
authorization to discharge expire at midnight, five years from the 
effective date of the publication in the Federal Register.

    Signed this 29th day of November, 2002.

Linda M. Murphy,
Director, Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, Boston, MA.

Glenn Haas,
Director, Division of Watershed Management, Bureau of Resource 
Protection, Massachusetts Department of Environmental, Protection, 
Boston, MA.

Part I--Effluent Limitations and Monitoring Requirements

    1. During the period beginning on the effective date and lasting 
through expiration, the permittee is authorized to discharge reject 
water from reverse osmosis units. This permit is only for facilities 
discharging to freshwater with a dilution factor from 10 to less than 
100.
    a. Each outfall discharging effluent from reverse osmosis units 
shall be limited and monitored as specified below. Monitoring for each 
outfall shall be reported.

[[Page 77262]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Discharge limitations                              Monitoring requirements
                                                 -------------------------------------------------------------------------------------------------------
   Effluent characteristics           Units                                                                 Measurement
                                                   Average monthly   Average weekly     Maximum daily        frequency               Sample type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flow \1\, \3\, \4\............  MGD.............  Report..........  ................  Report..........  Continuous........  Recorder.
TSS \3\, \4\..................  mg/l............  30..............  ................  45..............  1/Month...........  24-Hour Composite. \5\
                                lbs/day.........  Report..........  ................  Report..........  1/Month...........  24-Hour Composite.\5\
Total Residual Chlorine \3\,    mg/l............  0.11............  ................  0.2.............  1/Week............  Grab.
 \4\, \6\.
pH \2\, \3\, \4\..............  S.U.............                 (See conditions I.A.1.g)               1/Week............  Grab.
Dissolved Oxygen..............  mg/1............                    Not Less Than 6.0                   1/Week............  Grab.
Ammonia \3\, \4\..............  [mu]g/l.........  Report..........  ................  Report..........  1/Month...........  Grab.
Copper, Total \3\, \4\, \7\...  [mu]g/l.........  52..............  ................  73..............  1/Month...........  24-Hour Composite.\5\
LC-50 and C-NOEC, (%) \8\.....                                       see Part 1.A.1.k                                       24-Hour Composite.\5\
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Footnotes:
 1. The flow shall be continuously measured and recorded using a flow meter.
 2. Requirement for State Certification.
 3. Samples shall be taken only when discharging, and prior to mixing with stormwater. All samples shall be tested using the analytical methods found in
  40 CFR part 136, or alternative methods approved by EPA in accordance with the procedures in 40 CFR part 136. All samples shall be 24-hour composites
  unless specified as a grab sample in 40 CFR part 136.
 4. In addition to the monthly monitoring requirements, the permittee is required to sample the effluent and report the results twice per year when the
  reverse osmosis units are cleaned. The reason for the additional sampling and reporting requirements is due to the potential of an increased load of
  pollutants being discharged to the receiving stream during the cleaning process.
 5. A 24-hour composite sample will be conducted of at least 1 grab sample taken each hour during periods of discharge.
 6. The minimum level (ML) for chlorine is defined as 50 [mu]g/l. This value is the minimum level for chlorine using EPA approval methods found in most
  currently approved version of Standard Methods for the Examination of Water and Wastewater Method 4500 CL-E and G, or United States Environmental
  Protection Agency Manual of Methods of Analysis of Water and Wastewater, Method 330.5. One of these methods must be used to determine total residual
  chlorine. For effluent limitations less than 50 [mu]g/l, compliance/non-compliance will be determined on ML. Sample results of less than 50 [mu]g/l or
  less shall be reported as zero on the discharge monitoring report.
 7. The minimum level (ML) for copper is defined as 5 [mu]g/l. This value is the minimum level for copper using the Furnance Atomic Absorption
  analytical method ( EPA Method 220.2). For effluent limitations of less than 5 [mu]g/l, compliance/non-compliance will be determined based on the ML
  from this method, or another approved method that has an equivalent or lower ML, one of which must be used. Sample results of 5 [mu]g/l or less shall
  be reported as zero on the Discharge Monitoring Report.
 8. LC-50 is the concentration of effluent in a sample that causes mortality to 50% of the test population at a specific time of observation. C-NOEC, No
  Observed Effect Concentration, is the highest concentration of effluent to which organisms are exposed in a life-cycle test or partial life-cycle test
  which cause no adverse effect on growth, survival and reproduction at a specific time of observation as determined from hypothesis testing where the
  test results (growth, survival, and/or reproduction) exhibit a linear dose-response relationship. However, where the test results do not exhibit a
  linear dose-response relationship, report the lowest concentration where there is no observable effect. End of Footnotes.

Part I--Final General Permit under the National Pollutant Discharge 
Elimination System (NPDES)

(Note: Part IA and Part IB contain general permit for the state of 
Massachusetts (both Commonwealth and Indian Country Lands).)

B. Massachusetts General Permit, Permit No. MAG450000

    In compliance with the provisions of the Federal Clean Water Act, 
as amended, (33 U.S.C. 1251 et seq.; the ``CWA''), and the 
Massachusetts Clean Waters Act, as amended, (M.G.L. Chap. 21, sections 
26-53), operators of facilities located in Massachusetts, which 
discharge reject water from reverse osmosis units to the classes of 
waters as designated in the Massachusetts Water Quality Standards, 314 
CMR 4.00 et seq., are authorized to discharge to all waters, unless 
otherwise restricted, in accordance with effluent limitations, 
monitoring requirements and other conditions set forth herein.
    This permit shall become effective when issued. This permit and the 
authorization to discharge expire at midnight, five years from the 
effective date of the publication in the Federal Register.


    Signed this 29th day of November, 2002.

Linda M. Murphy,
irector, Office of Ecosystem Protection, U.S. Environmental Protection 
Agency, Boston, MA.
Glenn Haas,
Director, Division of Watershed Management, Bureau of Resource 
Protection, Massachusetts Department of Environmental Protection, 
Boston, MA.

Part I--Effluent Limitations and Monitoring Requirements

    1. During the period beginning on the effective date and lasting 
through expiration, the permittee is authorized to discharge reject 
water from reverse osmosis units. This permit is only for facilities 
discharging to freshwater with a dilution factor from 100 to 1000.
    a. Each outfall discharging effluent from reverse osmosis units 
shall be limited and monitored as specified below. Monitoring for each 
outfall shall be reported.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Discharge limitations                              Monitoring requirements
                                                 -------------------------------------------------------------------------------------------------------
   Effluent characteristics           Units                                                              Measurement
                                                   Average monthly   Average weekly   Maximum daily       frequency                Sample type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flow \1\ \3\ \4\..............  MGD.............  Report..........  ...............  Report.........  Continuous.......  Recorder
TSS \3\ \4\...................  mg/l............  30..............  ...............  45.............  1/Month..........  24-Hour Composite \5\
                                lbs/day.........  Report..........                   Report.........  1/Month..........  24-Hour Composite \5\
Total Residual Chlorine \3\     mg/l............  1.0.............  ...............  1.0............  1/Week...........  Grab.
 \4\ \6\.
pH \2\ \3\ \4\................  S.U.............               (See conditions I.A.1.g)               1/Week...........  Grab.

[[Page 77263]]

 
Dissolved Oxygen..............  mg/l............                   NOT LESS THAN 6.0                  1/Week...........  Grab.
Ammonia \3\ \4\...............  ug/l............  Report..........  ...............  Report.........  1/Month..........  Grab.
Copper, Total \3\ \4\ \7\.....  ug/l............  516.............  ...............  730............  1/Month..........  24-Hour Composite \5\
LC and C-NOEC, (%) \8\........                                     see Part 1.A.1.k.                                     24-Hour Composite \5\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Footnotes:
\1\ The flow shall be continuously measured and recorded using a flow meter.
\2\ Requirement for State Certification.
\3\ Samples shall be taken only when discharging, and prior to mixing with stormwater. All samples shall be tested using the analytical methods found in
  40 CFR Part 136, or alternative methods approved by EPA in accordance with the procedures in 40 CFR Part 136. All samples shall be 24-hour composites
  unless specified as a grab sample in 40 CFR Part 136.
\4\ In addition to the monthly monitoring requirements, the permittee is required to sample the effluent and report the results twice a year when the
  reverse osmosis units are cleaned. The reason for the additional sampling and reporting requirements is due to the potential of an increased load of
  pollutants being discharged to the receiving stream during the cleaning process.
\5\ A 24-hour composite sample will be conducted of at least 1 grab sample taken each hour during periods of discharge.
\6\ The minimum level (ML) for chlorine is defined as 50 ug/l. This value is the minimum level for chlorine using EPA approval methods found in most
  currently approved version of Standard Methods for the Examination of Water and Wastewater, Method 4500 CL-E and G, or United States Environmental
  Protection Agency Manual of Methods of Analysis of Water and Wastes, Method 330.5. One of these methods must be used to determine total residual
  chlorine. For effluent limitations less than 50 ug/l, compliance/non-compliance will be determined on ML. Sample results of less than 50 ug/l or less
  shall be reported as zero on the discharge monitoring report.
\7\ The minimum level (ML) for copper is defined as 5 ug/l. This value is the minimum level for copper using the Furnance Atomic Absorption analytical
  method (EPA Method 220.2). For effluent limitations of less than 5 ug/l, compliance/non-compliance will be determined based on the ML from this
  method, or another approved method that has an equivalent or lower ML, one of which must be used. Sample results of 5 ug/l or less shall be reported
  as zero on the Discharge Monitoring Report.
\8\ LC-50 is the concentration of effluent in a sample that causes mortality to 50% of the test population at a specific time of observation. C-NOEC, No
  Observed Effect Concentration, is the highest concentration of effluent to which organisms are exposed in a life-cycle test or partial life-cycle test
  which cause no adverse effect on growth, survival and reproduction at a specific time of observation as determined from hypothesis testing where the
  test results (growth, survival, and/or reproduction) exhibit a linear dose-response relationship. However, where the test results do not exhibit a
  linear dose-response relationship, report the lowest concentration where there is no observable effect.

Part 1.A.1. Effluent Limitations and Monitoring Requirements for All 
Permits (Continued)

    b. The discharge shall not cause a violation of the water quality 
standards of the receiving water.
    c. The discharge shall not cause an objectionable discoloration of 
the receiving water.
    d. There shall be no discharge of floating solids or visible foam 
in other than trace amounts.
    e. The results of sampling for any parameter above its required 
frequency must also be reported.
    f. Samples taken in compliance with the monitoring requirements 
specified above shall be taken at a location that provides a 
representative analysis of the effluent just prior to discharge to the 
receiving water or if the effluent is commingled with another 
discharge, prior to such commingling.
    g. The pH of the effluent for discharges to Class A and Class B 
waters shall be in the range of 6.5-8.3 standard units and not more 
than 0.5 units outside of the background range. There shall be no 
change from background conditions that would impair any uses assigned 
to the receiving water Class.
    h. The use of products containing formaldehye is prohibited.
    i. There shall be no discharge of biocides, pathogenic organisms, 
toxic, radioactive, corrosive substances at levels or in combinations 
sufficient to be toxic or harmful to humans, animals, plant or aquatic 
life, or in amounts to interfere with State Water Quality Standards.
    j. The discharge shall not cause the dissolved oxygen level in the 
receiving water to drop below 6.0 mg/l.
    k. Chronic (and modified acute) toxicity test(s) shall be performed 
on the effluent from reverse osmosis systems by the permittee upon 
request by EPA and/or the MA DEP. Testing shall be performed in 
accordance with EPA toxicity protocol to be provided at the time of the 
request. The test shall be performed on a 24-hour composite sample to 
be taken during normal facility operation. The result of the test(s) 
shall be forwarded to both the EPA and the State within 30 days after 
completion.

B. State Permit Conditions

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

C. Common Elements of all Permits

1. Conditions of the General Permit
    a. Geographic Areas: Massachusetts (Permit No. MAG450000). All of 
the discharges to be authorized by these general NPDES permits for 
dischargers in the Commonwealth of Massachusetts are into all waters of 
the Commonwealth as specified in Part I.A. of these permits unless 
otherwise restricted by the Massachusetts Surface Water Quality 
Standards, 314 CMR 4.00 (or as revised).
    b. Exclusions: These permits are not available for discharges into 
impaired waters on the Federal Clean Water Act 303(d) list which are 
not attaining state water quality standards for the parameters limited 
in the permit. These general permits are not available to

[[Page 77264]]

``New Source'' dischargers as defined in 40 CFR 122.2.
    c. Notification by Permittees: Operators of sites whose discharge, 
or discharges are effluent from reverse osmosis units and whose sites 
are located in the geographic areas described in part I.C.1.a. above, 
shall submit to the Regional Administrator, EPA-NE, a Notice of Intent 
to be covered by the appropriate general permit. Notifications must be 
submitted by all permittees who are seeking coverage under these 
permits. This written notification must include for each individual 
site, the owner's and/or operator's legal name, address and telephone 
number; the site's name, address, contact name, and telephone number; 
the number and type of sites (SIC code) to be covered; the site 
location(s); the number of discharge points, and the anticipated 
duration, volume, and rate of discharge for each outfall; a topographic 
map (or other map if a topographic map is not available) indicating the 
site's location(s) and discharge point(s); latitude and longitude of 
outfall(s); a description of any wastewater treatment; schematic of the 
reverse osmosis system; the name(s) of the receiving waters into which 
discharge will occur; antidegradation review where necessary (see 
section IV.C of the Fact Sheet); new and increased discharges from 
reverse osmosis activities that may adversely affect a listed or 
proposed to be listed endangered or threatened species or its critical 
habitat are not authorized under these general permits (see section IV. 
E of the Fact Sheet). The notice must be signed in accordance with the 
signatory requirements of 40 CFR Sec.  122.22.
    Each facility must certify that the discharge for which it is 
seeking coverage under one of these general permits consists solely of 
reject water from discharges from reverse osmosis units. An 
authorization to discharge under one of these general permits, where 
the reverse osmosis unit discharges to a municipal or private storm 
drain owned by another party, does not convey any rights or 
authorization to connect to that drain.
    Each site must also submit a copy of the Notice of Intent to the 
Massachusetts DEP. Copies of the State Application Form Appendix E (BRP 
WM 11b), and the Transmittal Form for Permit Application and Payment, 
may be obtained at the DEP Web site at (www.state.ma.us/dep) 
<(www.state.magnet.us/dep); by clicking on ``Permit 
Applications'' and ``Watershed Management''; by telephoning the DEP 
Info Service Center (Permitting) at 617-338-2255 or 1-800-462-0444 in 
508, 413, 978 and 781 area codes; or from any DEP Regional Service 
Center located in each Regional Office.
    Three copies of the transmittal form are needed. Copy 1 (the 
original) of the transmittal form and Appendix E should be sent to 
Massachusetts Department of Environmental Protection, 627 Main Street, 
2nd floor, Worcester, MA 01608. Copy 2 of the transmittal form and the 
$295 fee should be sent to DEP, P.O. Box 4062, Boston, MA 02111. 
Municipalities are fee-exempt, but should send a copy of the 
transmittal form to that address. Keep Copy 3 of the transmittal form 
and a copy of the application package for your records. The sites 
authorized to discharge under one of these final general permits will 
receive written notification from EPA-NE with State concurrence. 
Failure to submit to EPA-NE a Notice of Intent to be covered and/or 
failure to receive from EPA-NE written notification of permit coverage 
means that the facility is not authorized to discharge under one of 
these general permits. Sites who are denied permit coverage by EPA-NE 
are not authorized under these general permits to discharge from those 
sites to the receiving waters.
2. Administrative Aspects
    a. Request to be covered: A facility is not covered by any of these 
general permits until it meets the following requirements. First, it 
must send a Notice of Intent (NOI) to EPA-NE and Massachusetts DEP 
indicating it meets the requirements of the permit and wants to be 
covered. And second, it must be notified in writing by EPA-NE that it 
is covered by one of these general permits.
    b. Eligibility to Apply: Any facility operating under an effective 
(unexpired) individual NPDES permit may request that the individual 
permit be revoked and that coverage under one of these general permits 
be granted, as outlined in 40 CFR 122.28(b)(3)(v). If EPA revokes the 
individual permit, the general permit would apply to the discharge.
    Facilities with expired individual permits that have been 
administratively continued in accordance with 40 CFR 122.6 may apply 
for coverage under one of these general permits. When coverage is 
granted the expired individual permit automatically will cease being in 
effect.
    Proposed new dischargers may apply for coverage under one of these 
general permits and must submit the NOI 90 days prior to the discharge.
    c. Continuation of General Permit After Expiration: If these 
permits are not reissued prior to the expiration date, it will be 
administratively continued in accordance with the Administrative 
Procedures Act and remain in force and in effect as to any particular 
permittee as long as the permittee submits a new Notice of Intent two 
(2) months prior to the expiration date in the permit. However, once 
these permits expire EPA cannot provide written notification of 
coverage under either of these general permits to any permittee who 
submits Notice of Intent to EPA after the permit's expiration date. Any 
permittee who was granted permit coverage prior to the expiration date 
will automatically remain covered by the continued permit until the 
earlier of:
    (1) Reissuance of these permits, at which time the permittee must 
comply with the Notice of Intent conditions of the new permit to 
maintain authorization to discharge; or
    (2) The permittee's submittal of a Notice of Termination; or
    (3) Issuance of an individual permit for the permittee's 
discharges; or
    (4) A formal permit decision by the Director not to reissue these 
general permits, at which time the permittee must seek coverage under 
an alternative general permit or an individual permit.

D. Monitoring and Reporting

    Monitoring results obtained during each calendar month shall be 
summarized and recorded on separate Discharge Monitoring Report 
Form(s), postmaked no later than the 15th day of following month. All 
communications and any required submittals should be sent to both EPA-
NE and the appropriate State office at the following addresses:
1. EPA-NE
U.S. Environmental Protection Agency, New England Region, Water 
Technical Unit (SEW), Post Office Box 8127, Boston, MA 02114.
2. Massachusetts Department of Environmental Protection
    a. The Regional Offices wherein the discharge occurs, shall receive 
a copy of all notifications and communications:

Massachusetts Department of Environmental Protection, Western Regional 
Office, 436 Dwight Street, Springfield, MA 01103.
Massachusetts Department of Environmental Protection, Southeastern 
Regional Office, 20 Riverside Drive, Lakeville, MA 02347.
Massachusetts Department of Environmental Protection, Northeastern 
Regional Office, 205A Lowell Street, Wilmington, MA 01887.
Massachusetts Department of Environmental Protection, Central

[[Page 77265]]

Regional Office, 627 Main Street, 2nd floor, Worcester, Massachusetts 
01608.

    b. Copies of all notifications required by these permits shall also 
be submitted to the State at:

Massachusetts Department of Environmental Protection, Division of 
Watershed Management, 627 Main Street, 2nd floor, Worcester, MA 01608.

E. Additional General Permit Conditions

    1. Termination of Operations: Operators of facilities and/or 
operations authorized under these permits shall notify the Director 
upon the termination of discharges. The notice must contain the name, 
mailing address, and location of the facility for which the 
notification is submitted, the NPDES permit number for the reverse 
osmosis reject water discharge identified by the notice, and an 
indication of whether the reverse osmosis reject water discharge has 
been eliminated or the operator of the discharge has changed. The 
notice must be signed in accordance with the signatory requirements of 
40 CFR 122.22.
    2. When the Director May Require Application for an Individual 
NPDES Permit;
    a. The Director may require any person authorized by these permits 
to apply for and obtain an individual NPDES permit. Any interested 
person may petition the Director to take such action. Instances where 
an individual permit may be required include the following:
    (1) The discharge(s) is a significant contributor of pollution;
    (2) The discharger is not in compliance with the conditions of the 
permit;
    (3) A change has occurred in the availability of the demonstrated 
technology of practices for the control or abatement of pollutants 
applicable to the point source;
    (4) Effluent limitation guidelines are promulgated for point 
sources covered by the permit;
    (5) A Water Quality Management Plan or Total Maximum Daily Load 
containing requirements applicable to such point source is approved;
    (6) Discharge to the territorial sea;
    (7) Discharge into waters that are not attaining state water 
quality standards; or,
    (8) The point source(s) covered by the permit no longer:
    (a) Involves the same or substantially similar types of operations;
    (b) Discharges the same types of wastes;
    (c) Requires the same effluent limitations or operating conditions;
    (d) Requires the same or similar monitoring; and
    (e) In the opinion of the Director, it is more appropriately 
controlled under an individual permit than under one of these general 
NPDES permits.
    b. The Director may require an individual permit only if the 
permittee authorized by the general permit has been notified in writing 
that an individual permit is required, and has been given a brief 
explanation of the reasons for this decision.
    3. When an Individual NPDES Permit may be Requested;
    a. Any operator may request to be excluded from the coverage of 
these general permits by applying for an individual permit.
    b. When an individual NPDES permit is issued to an operator 
otherwise subject to the general permit, the applicability of the 
permit to that owner or operator is automatically terminated on the 
effective date of the individual permit.

F. Summary of Response to Comments

(1) Comment Submitted by, National Pretreatment Program, U.S. EPA, 
Washington, DC
    Comment #1: I have reviewed the draft General Permit (MAG450000) 
and have concerns regarding the vast availability of coverage under 
this permit for any type of generated wastewater that uses Reverse 
Osmosis as its treatment process.
    In particular, I know of some industrial facilities whose 
wastewaters are subject to Effluent Guidelines and Standards (40 CFR 
subchapter N or specifically, 40 CFR parts 405-471) that use Reverse 
Osmosis as their treatment processes. Specifically, pharmaceutical 
facilities, metal finishers and a textile facility. If we do not 
provide an exclusion for such facilities that are already subjected to 
effluent guidelines and standards, we are not fully satisfying the 
requirements of 40 CFR 122.44(a)(2) and relying on the ``permit as a 
shield'' concept for all pollutants listed within those standards.
    Response: This permit is not intended for facilities that generate 
industrial wastewaters who are subject to Effluent Guidelines and 
Standards under 40 CFR subchapter N. If effluent guidelines and 
standards exists then it is possible that an individual permit would be 
needed to reflect the standards in the guidelines. Additional language 
has been included in the final permit under section III. Exclusions, 
that states if Effluent Guidelines and Standards exists facilities are 
required to follow them to treat wastewater even if a reverse osmosis 
system is part of the treatment process.
    Therefore, this permit is only meant for coverage of discharges of 
RO reject water from facilities using RO as a treatment process to 
purify potable water for various further uses. This permit is not 
intended to authorize discharge from RO units used from wastewater 
treatment as a stand alone process or in combination with other 
treatment processes.
(2) Comment Submitted by the Army National Guard Bureau, Environmental 
Programs Division, Arlington, Virginia.
    Comment #2: The Army National Guard (ARNG) uses reverse osmosis 
water purification units (ROWPUs) in the field during training 
exercises. ARNG personnel train with this equipment to prepare for 
foreign or domestic emergency water incidents. An initiative that we in 
the Water Program here at National Guard Bureau (NGB) have been pushing 
is the use of the Modular Multi-Fluid Filtration System (MMFFS), which 
is used to treat post-ROWPU ``reject water'' down to almost drinking 
water quality. The MMFFS is a mobile unit that follows the ROWPU in the 
field. Several states have even allowed Army personnel to discharge 
MMFFS-treated water straight to the ground or to the stormwater system 
after they reviewed the water quality standards the MMFFS delivers.
    Please consider adding language to the Final Rule which discusses 
MMFFS and MMFFS-type ROWPU ``reject water'' treatment systems. And 
where does this piece of equipment fall into regulation within the 
context of the proposed rule?
    Response: The reject water from Modular Multi-Fluid Filtration 
Systems will not be covered under this permit. The intent of this 
general permit is for facilities that discharge RO reject to the same 
surface water body over time, and it is only for coverage of facilities 
in Massachusetts. The reject water from a MMFFS unit potentially could 
be discharged to any number of surface water bodies, and in several 
states. For instance, when a unit was ready to be discharged how would 
the permittee know that the dilution of each receiving stream was 
greater than 10 to 1? How would the permittee take copper samples when 
the reject water was being discharged to different water bodies? 
Discharge from these units could not meet the requirements in the 
general permit. Discharges from these systems are not regulated under 
this General Permit.

[[Page 77266]]

(3) Comment Submitted by Massachusetts Resource Authority (MWRA), 
Boston, Massachusetts
    Comment #3: Reduce the Monitoring Frequency Requirements for Each 
Outfall. Dischargers that receive the NPDES General Permit will be 
required to conduct weekly sampling for Total Residual Chlorine, pH, 
and Dissolved Oxygen. The sampling frequency seems to be excessive. 
MWRA is concerned that excessive sampling costs will discourage 
dischargers from obtaining and complying with this permit.
    Response: The weekly sampling frequency in the draft permit will 
help ensure compliance with the permit requirements on a consistent 
basis. EPA feels that weekly sampling and analysis for TRC, pH, and DO 
are routine, inexpensive, and easily performed procedures. RO reject 
water discharges may be intermittent and prone to periodic fluctuations 
in quality, thus EPA is requiring weekly sampling and analysis for 
these parameters.
    Comment #4: Require continuous pH recording for Each Outfall. 
Rather than, or in addition to, a weekly Grab sampling event for pH, we 
believe that a continuous pH-recording device on the discharge line 
would provide more representative monitoring. Generally, the MWRA finds 
the installation of a continuous pH-recording device helpful, because 
it provides a thorough pH characterization of the discharge.
    Response: The analytical methods specified in 40 CFR part 136 are 
required for all monitoring performed under the NPDES program, and grab 
samples are the required pH collection method. Since the quality and 
flow of the wastestream for reverse osmosis systems are not highly 
variable grab samples will remain the method of collection for pH 
samples.
    Comment #5: Identify who should conduct sample analyses required by 
the General Permit. The proposed analytical activities required by the 
General Permit should be conducted by Mass. DEP certified lab. Most 
dischargers will not have the in-house expertise to conduct these 
analyses as required by 40 CFR part 136.
    Response: As long as analytical methods in 40 CFR part 136 are used 
to determine characteristics in the effluent, EPA does not require 
permittee's to use MA certified labs for analytical testing.
    Comment #6: Expand the General Permit's coverage to include water 
from the backwash filters from incoming water treatment. In addition to 
RO reject water, MWRA prohibits any filter backwash discharge, unless 
specifically authorized by an MWRA permit. The General Permit would 
help minimize clean water discharges to the sewer systems in the 
Commonwealth of Massachusetts if it covered filter backwash discharges 
from incoming water treatment filters.
    Response: EPA has determined that this general permit will 
authorize only the discharge of reject water from RO units. Including 
other discharges such as filter backwash waters would unnecessarily 
complicate this permit and perhaps require individual permits to be 
issued.

TRC Limits

    The TRC limits in the final permit are more stringent than what was 
published in the draft permit. After careful consideration, EPA and MA 
DEP determined that the average monthly and maximum daily TRC limits of 
1.0 mg/l published in the draft permit would not meet water quality 
criteria with dilution factors between 10 and 99. Therefore the limits 
were changed in the final permit to be protective of surface water. 
Chlorine and chlorine compounds produced by the chlorination of 
wastewater can be extremely toxic to aquatic life. The effluent limits 
for daily maximum Total Residual Chlorine (TRC) were developed using 
the acute and chronic criterion defined in the EPA Quality Criteria for 
Water, 1986 (Gold Book), as adopted by the MA DEP into the State Water 
Quality Standards. The criterion was multiplied by the available 
receiving water dilution. The criterion states that the average total 
residual chlorine in the receiving water should not exceed 11 ug/l for 
chronic toxicity protection and the maximum daily total residual 
chlorine in the receiving water should not exceed 19 ug/l for acute 
toxicity production.

Toxicity Test

    EPA and MA DEP have added language to the final permit that 
requires that permittee to submit toxicity test results upon request.

Part II--Standard Conditions

A. General Requirements

    1. Duty to Comply: The permittee must comply with all conditions of 
this permit. Any permit in noncompliance constitutes a violation of the 
Clean Water Act and is grounds for enforcement action; for permit 
termination, revocation and reissuance, or modification; or for denial 
of a permit renewal application.
    a. The permittee shall comply with effluent standards or 
prohibitions established under section 307(a) of the CWA for toxic 
pollutants and with standards for sewage sludge use or disposal 
established under section 405(d) of the CWA within the time provided in 
the regulations that establish these standards or prohibitions, even if 
the permit has not yet been modified to incorporate the requirement.
    b. The CWA provides that any person who violates sections 301, 302, 
306, 307, 308, 318, or 405 of the CWA or any permit condition or 
limitation implementing any of such sections in a permit issued under 
section 402, or any requirement imposed in a pretreatment program 
approved under sections 402 (a)(3) or 402(b)(8) of the CWA is subject 
to a civil penalty not to exceed $25,000 per day for each violation. 
Any person who negligently violates such requirements is subject to a 
fine of not less than $2,500 nor more than $25,000 per day of 
violation, or by imprisonment for not more than 1 year, or both. Any 
person who knowingly violates such requirements is subject to a fine of 
not less than $5,000 nor more than $50,000 per day of violation, or by 
imprisonment for not more than 3 years, or both.

    Note: See 40 CFR 122.41(a)(2) for additional enforcement 
criteria.

    c. Any person may be assessed an administrative penalty by the 
Administrator for violating sections 301, 302, 306, 307, 308, 318, or 
405 of the CWA, or any permit condition or limitation implementing any 
of such sections in a permit issued under section 402 of the CWA. 
Administrative penalties for Class I violations are not to exceed 
$10,000 per violation, with the maximum amount of any Class I penalty 
assessed not to exceed $25,000. Penalties for Class II violations are 
not to exceed $10,000 per day for each day during which the violation 
continues, with the maximum amount of any Class II penalty not to 
exceed $125,000.
    2. Permit Actions: This permit may be modified, revoked and 
reissued, or terminated for cause. The filing of a request by the 
permittee for a permit modification, revocation and reissuance, or 
termination, or a notification of planned changes or anticipated 
noncompliance does not stay any permit condition.
    3. Duty to Provide Information: The permittee shall furnish to the 
Regional Administrator, within a reasonable time, any information which 
the Regional Administrator may request to determine whether cause 
exists for modifying, revoking and reissuing, or terminating this 
permit, or to determine compliance with this permit. The permittee 
shall also furnish to the Regional

[[Page 77267]]

Administrator, upon request, copies of records required to be kept by 
this permit.
    4. Reopener Clause: The Regional Administrator reserves the right 
to make appropriate revisions to this permit in order to establish any 
appropriate effluent limitations, schedules of compliance, or other 
provisions which may be authorized under the CWA in order to bring all 
discharges into compliance with the CWA.
    5. Oil and Hazardous Substance Liability: Nothing in this permit 
shall be construed to preclude the institution of any legal action or 
relieve the permittee from any responsibilities, liabilities, or 
penalties to which the permittee is or may be subject under section 311 
of the CWA, or section 106 of the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980 (CERCLA).
    6. Property Rights: The issuance of this permit does not convey any 
property rights of any sort, nor any exclusive privileges.
    7. Confidentiality of Information:
    a. In accordance with 40 CFR part 2, any information submitted to 
EPA pursuant to these regulations may be claimed as confidential by the 
submitter. Any such claim must be asserted at the time of submission in 
the manner prescribed on the application form or instructions or, in 
the case of other submissions, by stamping the words ``confidential 
business information'' on each page containing such information. If no 
claim is made at the time of submission, EPA may make the information 
available to the public without further notice. If a claim is asserted, 
the information will be treated in accordance with the procedures in 40 
CFR part 2 (Public Information).
    b. Claims of confidentiality for the following information will be 
denied:
    (i) The name and address of any permit applicant or permittee;
    (ii) Permit applications, permits, and effluent data as defined in 
40 CFR 2.302(a)(2).
    c. Information required by NPDES application forms provided by the 
Regional Administrator under Sec.  122.21 may not be claimed 
confidential. This includes information submitted on the forms 
themselves and any attachments used to supply information required by 
the forms.
    8. Duty to Reapply: If the permittee wishes to continue an activity 
regulated by this permit after its expiration date, the permittee must 
apply for and obtain a new permit. The permittee shall submit a new 
notice of intent at least 60 days before the expiration date of the 
existing permit, unless permission for a later date has been granted by 
the Regional Administrator. (The Regional Administrator shall not grant 
permission for applications to be submitted later than the expiration 
date of the existing permit.)
    9. State Authorities: Nothing in part 122, 123, or 124 precludes 
more stringent State regulation of any activity covered by these 
regulations, whether or not under an approved State program.
    10. Other Laws: The issuance of a permit does not authorize any 
injury to persons or property or invasion of other private rights, nor 
does it relieve the permittee of its obligation to comply with any 
other applicable Federal, State, and local laws and regulations.

B. Operations and Maintenance of Pollution Control

    1. Proper Operation and Maintenance: The permittee shall at all 
times properly operate and maintain all facilities and systems of 
treatment and control (and related appurtenances) which are installed 
or used by the permittee to achieve compliance with the conditions of 
this permit. Proper operation and maintenance also includes adequate 
laboratory controls and appropriate quality assurance procedures. This 
provision requires the operation of back-up or auxiliary facilities or 
similar systems only when the operation is necessary to achieve 
compliance with the conditions of the permit.
    2. Need to Halt or Reduce Not a Defense: It shall not be a defense 
for a permittee in an enforcement action that it would have been 
necessary to halt or reduce the permitted activity in order to maintain 
compliance with the conditions of this permit.
    3. Duty to Mitigate: The permittee shall take all reasonable steps 
to minimize or prevent any discharge or sludge use or disposal in 
violation of this permit which has a reasonable likelihood of adversely 
affecting human health or the environment.
    4. Bypass:
    a. Definitions
    (1) ``Bypass'' means the intentional diversion of waste streams 
from any portion of a treatment facility.
    (2) ``Severe property damage'' means substantial physical damage to 
property, damage to the treatment facilities which causes them to 
become inoperable, or substantial and permanent loss of natural 
resources which can reasonably be expected to occur in the absence of a 
bypass. Severe property damage does not mean economic loss caused by 
delays in production.
    b. Bypass not exceeding limitations. The permittee may allow any 
bypass to occur which does not cause effluent limitations to be 
exceeded, but only if it also is for essential maintenance to assure 
efficient operation. These bypasses are not subject to the provisions 
of paragraphs B.4.c and 4.d of this section.
    c. Notice.
    (1) Anticipated bypass: If the permittee knows in advance of the 
need for a bypass, it shall submit prior notice, if possible at least 
ten days before the date of the bypass.
    (2) Unanticipated bypass: The permittee shall submit notice of an 
unanticipated bypass as required in paragraph D.1.e (24-hour notice).
    d. Prohibition of bypass:
    (1) Bypass is prohibited, and the Regional Administrator may take 
enforcement action against a permittee for bypass, unless:
    (a) Bypass was unavoidable to prevent loss of life, personal 
injury, or severe property damage;
    (b) There were no feasible alternatives to the bypass, such as the 
use of auxiliary treatment facilities, retention of untreated wastes, 
or maintenance during normal periods of equipment downtime. This 
condition is not satisfied if adequate back-up equipment should have 
been installed in the exercise of reasonable engineering judgment to 
prevent a bypass which occurred during normal periods of equipment 
downtime or preventive maintenance; and
    (c)(i)The permittee submitted notices as required under paragraph 
4.c of this section.
    (ii)The Regional Administrator may approve an anticipated bypass, 
after considering its adverse effects, if the Regional Administrator 
determines that it will meet the three conditions listed above in 
paragraph 4.d of this section.
    5. Upset:
    a. Definition. ``Upset'' means an exceptional incident in which 
there is unintentional and temporary non-compliance with technology-
based permit effluent limitations because of factors beyond the 
reasonable control of the permittee. An upset does not include 
noncompliance to the extent caused by operational error, improperly 
designed treatment facilities, inadequate treatment facilities, lack of 
preventive maintenance, or careless or improper operation.
    b. Effect of an upset. An upset constitutes an affirmative defense 
to an action brought for noncompliance with such technology-based 
permit effluent limitations if the requirements of paragraph B.5.c of 
this section are met. No determination made during administrative 
review of claims that

[[Page 77268]]

noncompliance was caused by upset, and before an action for 
noncompliance, is final administrative action subject to judicial 
review.
    c. Conditions necessary for a demonstration of upset. A permittee 
who wishes to establish the affirmative defense of upset shall 
demonstrate, through properly signed, contemporaneous operating logs, 
or other relevant evidence that:
    (1) An upset occurred and that the permittee can identify the 
cause(s) of the upset;
    (2) The permitted facility was at the time being properly operated;
    (3) The permittee submitted notice of the upset as required in 
paragraphs D.1.a and 1.e (24-hour notice); and
    (4) The permittee complied with any remedial measures required 
under B.3. above.
    d. Burden of proof. In any enforcement proceeding the permittee 
seeking to establish the occurrence of an upset has the burden of 
proof.

C. Monitoring and Records

1. Monitoring and Records
    a. Samples and measurements taken for the purpose of monitoring 
shall be representative of the monitored activity.
    b. Except for records of monitoring information required by this 
permit related to the permittee's sewage sludge use and disposal 
activities, which shall be retained for a period of at least five years 
(or longer as required by 40 CFR part 503), the permittee shall retain 
records of all monitoring information, including all calibration and 
maintenance records and all original strip chart recordings for 
continuous monitoring instrumentation, copies of all reports required 
by this permit, and records of all data used to complete the 
application for this permit, for a period of at least 3 years from the 
date of the sample, measurement, report or application except for the 
information concerning storm water discharges which must be retained 
for a total of 6 years. This retention period may be extended by 
request of the Regional Administrator at any time.
    c. Records of monitoring information shall include:
    (1) The date, exact place, and time of sampling or measurements;
    (2) The individual(s) who performed the sampling or measurements;
    (3) The date(s) analyses were performed;
    (4) The individual(s) who performed the analyses;
    (5) The analytical techniques or methods used; and
    (6) The results of such analyses.
    d. Monitoring results must be conducted according to test 
procedures approved under 40 CFR part 136 or, in the case of sludge use 
or disposal, approved under 40 CFR part 136 unless otherwise specified 
in 40 CFR part 503, unless other test procedures have been specified in 
the permit.
    e. The Clean Water Act provides that any person who falsifies, 
tampers with, or knowingly renders inaccurate any monitoring device or 
method required to be maintained under this permit shall, upon 
conviction, be punished by a fine of not more than $10,000, or by 
imprisonment for not more than 2 years, or both. If a conviction of a 
person is for a violation committed after a first conviction of such 
person under this paragraph, punishment is a fine of not more than 
$20,000 per day of violation, or by imprisonment of not more than 4 
years, or both.
    2. Inspection and Entry: The permittee shall allow the Regional 
Administrator, or an authorized representative (including an authorized 
contractor acting as a representative of the Administrator), upon 
presentation of credentials and other documents as may be required by 
law, to:
    a. Enter upon the permittee's premises where a regulated facility 
or activity is located or conducted, or where records must be kept 
under the conditions of this permit;
    b. Have access to and copy, at reasonable times, any records that 
must be kept under the conditions of this permit;
    c. Inspect at reasonable times any facilities, equipment (including 
monitoring and control equipment), practices, or operations regulated 
or required under this permit; and
    d. Sample or monitor at reasonable times, for the purposes of 
assuring permit compliance or as otherwise authorized by the Clean 
Water Act, any substances or parameters at any location.

D. Reporting Requirements

1. Reporting Requirements
    a. Planned changes. The permittee shall give notice to the Regional 
Administrator as soon as possible of any planned physical alterations 
or additions to the permitted facility. Notice is required only when:
    (1) The alteration or addition to a permitted facility may meet one 
of the criteria for determining whether a facility is a new source in 
40 CFR 122.29(b); or
    (2) The alteration or addition could significantly change the 
nature or increase the quantity of pollutants discharged. This 
notification applies to pollutants which are subject to the effluent 
limitations in the permit, nor to the notification requirements under 
40 CFR 122.42(a)(1).
    (3) The alteration or addition results in a significant change in 
the permittee's sludge use or disposal practices, and such alteration, 
addition or change may justify the application of permit conditions 
different from or absent in the existing permit, including notification 
of additional use or disposal sites not reported during the permit 
application process or not reported pursuant to an approved land 
application plan.
    b. Anticipated noncompliance. The permittee shall give advance 
notice to the Regional Administrator of any planned changes in the 
permitted facility or activity which may result in noncompliance with 
permit requirements.
    c. Transfers. This permit is not transferable to any person except 
after notice to the Regional Administrator. The Regional Administrator 
may require modification or revocation and reissuance of the permit to 
change the name of the permittee and incorporate such other 
requirements as may be necessary under the Clean Water Act. (See Sec.  
122.61; in some cases, modification or revocation and reissuance is 
mandatory.)
    d. Monitoring reports. Monitoring results shall be reported at the 
intervals specified elsewhere in this permit.
    (1) Monitoring results must be reported on a Discharge Monitoring 
Report (DMR) or forms provided or specified by the Regional 
Administrator for reporting results of monitoring of sludge use or 
disposal practices.
    (2) If the permittee monitors any pollutant more frequently than 
required by the permit using test procedures approved under 40 CFR part 
136 or, in the case of sludge use or disposal, approved under 40 CFR 
part 136 unless otherwise specified in 40 CFR part 503, or as specified 
in the permit, the results of this monitoring shall be included in the 
calculation and reporting of the data submitted in the DMR or sludge 
reporting form specified by the Regional Administrator.
    (3) Calculations for all limitations which require averaging of 
measurement shall utilize an arithmetic mean unless otherwise specified 
by the Regional Administrator in the permit.
    e. Twenty-four hour reporting.
    (1) The permittee shall report any noncompliance which may endanger 
health or the environment. Any information shall be provided orally 
within 24 hours from the time the

[[Page 77269]]

permittee becomes aware of the circumstances. A written submission 
shall also be provided within 5 days of the time the permittee becomes 
aware of the circumstances. The written submission shall contain a 
description of the noncompliance and its cause; the period of 
noncompliance, including exact dates and times, and if the 
noncompliance has not been corrected, the anticipated time it is 
expected to continue; and steps taken or planned to reduce, eliminate, 
and prevent reoccurrence of the noncompliance.
    (2) The following shall be included as information which must be 
reported within 24 hours under this paragraph.
    (a) Any unanticipated bypass which exceeds any effluent limitation 
in the permit. (See Sec.  122.41(g))
    (b) Any upset which exceeds any effluent limitation in the permit.
    (c) Violation of a maximum daily discharge limitation for any of 
the pollutants listed by the Regional Administrator in the permit to be 
reported within 24 hours. (See Sec.  122.44(g))
    (3) The Regional Administrator may waive the written report on a 
case-by-case basis for reports under paragraph D.1.e if the oral report 
has been received within 24 hours.
    f. Compliance Schedules. Reports of compliance or noncompliance 
with, or any progress reports on, interim and final requirements 
contained in any compliance schedule of this permit shall be submitted 
no later than 14 days following each schedule date.
    g. Other noncompliance. The permittee shall report all instances of 
noncompliance not reported under paragraphs D.1.d, D.1.e and, D.1.f of 
this section at the time monitoring reports are submitted. The reports 
shall contain the information listed in paragraph D.1.e of this 
section.
    h. Other information. Where the permittee becomes aware that it 
failed to submit any relevant facts in a permit application, or 
submitted incorrect information in a permit application or in any 
report to the Regional Administrator, it shall promptly submit such 
facts or information.
2. Signatory Requirement
    a. All applications, reports, or information submitted to the 
Regional Administrator shall be signed and certified. (See Sec.  
122.22)
    b. The CWA provides that any person who knowingly makes any false 
statement, representation, or certification in any record or other 
document submitted or required to be maintained under this permit, 
including monitoring reports or reports of compliance or non-compliance 
shall, upon conviction, be punished by a fine of not more than $10,000 
per violation, or by imprisonment for not more than 6 months per 
violation, or by both.
    3. Availability of Reports: Except for data determined to be 
confidential under paragraph A.8. above, all reports prepared in 
accordance with the terms of this permit shall be available for public 
inspection at the offices of the State water pollution control agency 
and the Regional Administrator. As required by the CWA, effluent data 
shall not be considered confidential. Knowingly making any false 
statement on any such report may result in the imposition of criminal 
penalties as provided for in section 309 of the CWA.

E. Other Conditions

    1. Definitions for purposes of this permit are as follows:
    Administrator means the Administrator of the United States 
Environmental Protection Agency, or an authorized representative.
    Applicable standards and limitations means all State, interstate, 
and Federal standards and limitations to which a ``discharge'' or a 
related activity is subject to, including water quality standards, 
standards of performance, toxic effluent standards or prohibitions, 
``best management practices,'' and pretreatment standards under 
sections 301, 302, 303, 304, 306, 307, 308, 403, and 405 of CWA.
    Application means the EPA standard national forms for applying for 
a permit, including any additions, revisions or modifications to the 
forms; or forms approved by EPA for use in ``approved States,'' 
including any approved modifications or revisions.
    Average means the arithmetic mean of values taken at the frequency 
required for each parameter over the specified period. For total and/or 
fecal coliforms, the average shall be the geometric mean.
    Average monthly discharge limitation means the highest allowable 
average of ``daily discharges'' over a calendar month, calculated as 
the sum of all daily discharges measured during a calendar month 
divided by the number of daily discharges measured during that month.
    Average weekly discharge limitation means the highest allowable 
average of ``daily discharges'' over a calendar week, calculated as the 
sum of all daily discharges measured during a calendar week divided by 
the number of daily discharges measured during that week.
    Best Management Practices (BMPs) means schedules of activities, 
prohibitions of practices, maintenance procedures, and other management 
practices to prevent or reduce the pollution of ``waters of the United 
States.'' BMPs also include treatment requirements, operating 
procedures, and practices to control plant site runoff, spillage or 
leaks, sludge or waste disposal, or drainage from raw material storage.
    Best Professional Judgement (BPJ) means a case-by-case 
determination of Best Practicable Treatment (BPT), Best Available 
Treatment (BAT) or other appropriate standard based on an evaluation of 
the available technology to achieve a particular pollutant reduction.
    Composite Sample--A sample consisting of a minimum of eight grab 
samples collected at equal intervals during a 24-hour period (or lesser 
period as specified in the section on Monitoring and Reporting) and 
combined proportional to flow, or a sample continuously collected 
proportionally to flow over that same time period.
    Continuous Discharge means a ``discharge'' which occurs without 
interruption throughout the operating hours of the facility except for 
infrequent shutdowns for maintenance, process changes, or similar 
activities.
    CWA or ``The Act'' means the Clean Water Act (formerly referred to 
as the Federal Water Pollution Control Act or Federal Water Pollution 
Control Act Amendments of 1972) Public Law 92-500, as amended by Pub. 
L. 95-217, Pub. L. 95-576, Pub. L. 96-483 and Pub. L. 97-117; 33 U.S.C. 
1251 et seq.
    Daily Discharge means the discharge of a pollutant measured during 
a calendar day or any 24-hour period that reasonably represents the 
calendar day for purposes of sampling. For pollutants with limitations 
expressed in units of mass, the daily discharge is calculated as the 
total mass of the pollutant discharged over the day. For pollutants 
with limitations expressed in other units of measurement, the daily 
discharge is calculated as the average measurement of the pollutant 
over the day.
    Director means the person authorized to sign NPDES permits by EPA 
and/or the State.
    Discharge Monitoring Report Form (DMR) means the EPA standard 
national form, including any subsequent additions, revisions, or 
modifications, for the reporting of self-monitoring results by 
permittees. DMRs must be used by ``approved States'' as well as by EPA. 
EPA will supply DMRs to any approved State upon request. The EPA 
national forms may be modified to substitute the State Agency name, 
address, logo, and other similar information, as appropriate, in place 
of EPA's.

[[Page 77270]]

    Discharge of a pollutant means:
    (a) Any addition of any ``pollutant'' or combination of pollutants 
to ``waters of the United States'' from any ``point source,'' or
    (b) Any addition of any pollutant or combination of pollutants to 
the waters of the ``contiguous zone'' or the ocean from any point 
source other than a vessel or other floating craft which is being used 
as a means of transportation. This definition includes additions of 
pollutants into waters of the United States from: surface runoff which 
is collected or 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. This 
term does not include an addition of pollutants by any ``indirect 
discharger.''
    Effluent limitation means any restriction imposed by the Director 
on quantities, discharge rates, and concentrations of ``pollutants'' 
which are ``discharged'' from ``point sources'' into ``waters of the 
United States,'' the waters of the ``contiguous zone,'' or the ocean.
    Effluent limitations guidelines means a regulation published by the 
Administrator under section 304(b) of CWA to adopt or revise ``effluent 
limitations.''
    EPA means the United States ``Environmental Protection Agency.''
    Grab Sample--An individual sample collected in a period of less 
than 15 minutes.
    Hazardous Substance means any substance designated under 40 CFR 
part 116 pursuant to section 311 of CWA.
    Maximum daily discharge limitation means the highest allowable 
``daily discharge.''
    Municipality means a city, town, borough, county, parish, district, 
association, or other public body created by of under State law and 
having jurisdiction over disposal or sewage, industrial wastes, or 
other wastes, or an Indian tribe or an authorized Indian tribe 
organization, or a designated and approved management agency under 
section 208 of CWA.
    National Pollutant Discharge Elimination System means the national 
program for issuing, modifying, revoking and reissuing, terminating, 
monitoring and enforcing permits, and imposing and enforcing 
pretreatment requirements, under sections 307, 402, 318, and 405 of 
CWA. The term includes an ``approved program.''
    New discharger means any building, structure, facility, or 
installation:
    (a) From which there is or may be a ``discharge of pollutants'';
    (b) That did not commence the ``discharge of pollutants'' at a 
particular ``site'' prior to August 13, 1979;
    (c) Which is not a ``new source''; and
    (d) Which has never received a finally effective NPDES permit for 
discharges at that ``site''.
    This definition includes an ``indirect discharger'' which commences 
discharging into ``waters of the United States'' after August 13, 1979. 
It also includes any existing mobile point source (other than an 
offshore or coastal oil and gas exploratory drilling rig or a coastal 
oil and gas developmental drilling rig) such as a seafood processing 
rig, seafood processing vessel, or aggregate plant, that begins 
discharging at a ``site'' for which it does not have a permit; and any 
offshore or coastal mobile oil and gas exploratory drilling rig or 
coastal mobile oil and gas developmental drilling rig that commences 
the discharge of pollutants after August 13, 1979, at a ``site'' under 
EPA's permitting jurisdiction for which it is not covered by an 
individual or general permit and which is located in an area determined 
by the Regional Administrator in the issuance of a final permit to be 
an area of biological concern. In determining whether an area is an 
area of biological concern, the Regional Administrator shall consider 
the factors specified in 40 CFR 125.122.(a)(1) through (10).
    An offshore or coastal mobile exploratory drilling rig or coastal 
mobile developmental drilling rig will be considered a ``new 
discharger'' only for the duration of its discharge in an area of 
biological concern.
    New source means any building, structure, facility, or installation 
from which there is or may be a ``discharge of pollutants,'' the 
construction of which commenced:
    (a) After promulgation of standards of performance under section 
306 of CWA which are applicable to such.
    (b) After proposal of standards of performance in accordance with 
section 306 of CWA which are applicable to such source, but only if the 
standards are promulgated in accordance with section 306 within 120 
days of their proposal.
    NPDES means ``National Pollutant Discharge Elimination System.''
    Non-Contact Cooling Water is water used to reduce temperature which 
does not come in direct contact with any raw material, intermediate 
product, a waste product or finished product.
    Owner or operator means the owner or operator of any ``facility or 
activity'' subject to regulation under the NPDES programs.
    Permit means an authorization, license, or equivalent control 
document issued by EPA or an ``approved State.''
    Person means an individual, association, partnership, corporation, 
municipality, State or Federal agency, or an agent or employee thereof.
    Point source means any discernible, confined, and discrete 
conveyance, including but not limited to any pipe, ditch, channel, 
tunnel, conduit, well, discrete fissure, container, rolling stock, 
concentrated animal feeding operation, vessel, or other floating craft, 
from which pollutants are or may be discharged. This term does not 
include return flows from irrigated agriculture.
    Pollutant means dredged spoil, solid waste, incinerator residue, 
filter backwash, sewage, garbage, sewage sludge, munitions, chemical 
wastes, biological materials, radioactive materials (except those 
regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 
2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, 
cellar dirt and industrial, municipal, and agricultural waste 
discharged into water. It does not mean:
    (a) Sewage from vessels; or
    (b) Water, gas, or other material which is injected into a well to 
facilitate production of oil or gas, or water derived in association 
with oil and gas production and disposed of in a well, if the well used 
either to facilitate production or for disposal purposes is approved by 
authority of the State in which the well is located, and if the State 
determines that the injection or disposal will not result in the 
degradation of ground or surface water resources.
    Primary industry category means any industry category listed in the 
NRDC settlement agreement (Natural Resources Defense Council et al. v. 
Train, 8 E.R.C. 2120 (D.D.C. 1976), modified 12 E.R.C. 1833 (D.D.C. 
1979)); also listed in appendix A of 40 CFR part 122.
    Process wastewater means any water which, during manufacturing or 
processing, comes into direct contact with or results from the 
production or use of any raw material, intermediate product, finished 
product, byproduct, or waste product.
    Regional Administrator means the Regional Administrator, EPA--New 
England, Boston, Massachusetts.
    State means any of the 50 States, the District of Columbia, Guam, 
the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, 
the Trust Territory of the Pacific Islands.

[[Page 77271]]

    Secondary Industry Category means any industry category which is 
not a ``primary industry category.''
    Toxic pollutant means any pollutant listed as toxic in appendix D 
of 40 CFR part 122, under section 307(a)(l) of CWA.
    Uncontaminated storm water is precipitation to which no pollutants 
have been added and has not come into direct contact with any raw 
material, intermediate product, waste product or finished product.
    Waters of the United States means:
    (a) All waters which are currently used, were used in the past, or 
may be susceptible to use in interstate or foreign commerce, including 
all waters which are subject to the ebb and flow of the tide;
    (b) All interstate waters, including interstate ``wetlands'';
    (c) All other waters such as intrastate lakes, rivers, streams 
(including intermittent streams), mudflats, sandflats, ``wetlands,'' 
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds 
the use, degradation, or destruction of which would affect or could 
affect interstate or foreign commerce including any such waters:
    (1) Which are or could be used by interstate or foreign travelers 
for recreational or other purposes;
    (2) From which fish or shellfish are or could be taken and sold in 
interstate or foreign commerce; or,
    (3) Which are used or could be used for industrial purposes by 
industries in interstate commerce;
    (d) All impoundments of waters otherwise defined as waters of the 
United States under this definition;
    (e) Tributaries of waters identified in paragraphs (a)-(d) of this 
definition;
    (f) The territorial sea; and
    (g) ``Wetlands'' adjacent to waters (other than waters that are 
themselves wetlands) identified in paragraphs (a)-(f) of this 
definition.
    Whole Effluent Toxicity (WET) means the aggregate toxic effect of 
an effluent measured directly by a toxicity test.
    Wetlands means those areas that are inundated or saturated by 
surface or ground water at a frequency and duration sufficient to 
support, and that under normal circumstances do support, a prevalence 
of vegetation typically adapted for life in saturated soil conditions. 
Wetlands generally include swamps, marshes, bogs, and similar areas.
    2. Abbreviations when used in this permit are defined below:

cu. M/day or M3/day cubic meters per day.
    mg/l milligrams per liter.
[mu]g/l micrograms per liter.
lbs/day pounds per day.
kg/day kilograms per day.
Temp. [deg]C temperature in degrees Centigrade.
Temp. [deg]F temperature in degrees Fahrenheit.
Turb. turbidity measured by the Nephelometric Method (NTU).
pH. a measure of the hydrogen ion concentration.
CFS cubic feet per second.
MGD million gallons per day.
Oil & Grease Freon extractable material.
ml/l milliliter(s) per liter.
Cl2 total residual chlorine.

Attachment A--Dilution Factor Calculations

    Equation used to calculate available dilution factor at Outfall 
001.
[GRAPHIC] [TIFF OMITTED] TN17DE02.000

Where:
Q001 = Estimated 7Q10 flow* at Outfall 001, in cubic foot/
seconds (cfs)
QFD = Facility's design flow, in million gallons per day 
(MGD)
1.547 = Factor to convert MGD to CFS

    * The 7Q10 is the lowest observed mean river flow for 7 consecutive 
days, recorded over a 10-year recurrence interval.

Example Calculation
Q001 = 325 cfs
QFD = 3.2 MGD.

Attachment B--Copper Calculation

Copper limits for dilutions between 10 and 99
Estimated hardness = 50.

ln 50 = 3.912
chronic copper limit: criterion continuous concentration
e \[(0.8545*3.912)+(-1.702)]\ * 10.0
     = 5.159 x 10.0
    = 51.59 [mu]g/l
    = 52 [mu]g/l.

acute copper limit e \[(0.9422*3.912)+(-1.700)]\ * 10.0
    = 7.285 x 10.0
    = 72.85 [mu]g/l
    = 73 [mu]g/l.
Copper limits for dilutions between 100 and 1000
Estimated hardness = 50.

ln 50 = 3.912
chronic copper limit: criterion continuous concentration e 
\[(0.8545*3.912)+(-1.702)]\ * 100.0
    = 5.159 x 100.0
    = 515.59 [mu]g/l
    = 516 [mu]g/l.

acute copper limit
e \[(0.9422* 3.912)+(-1.700)]\ * 100.0
    = 7.285 x 100.0
    = 728.85 [mu]g/l
    = 730 [mu]g/l.

[FR Doc. 02-31465 Filed 12-16-02; 8:45 am]
BILLING CODE 6560-50-P