33 z •? 100 a,
Wednesday
August 4, 1999
Part II
Environmental
Protection Agency
40 CFR Parts 9, 122, 123, 124, and 501
National Pollutant Discharge Elimination
System Permit Application Requirements
for Publicly Owned Treatment Works and
Other Treatment Works Treating Domestic
Sewage; Final Rule
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42434 Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
their applications and minimize the
need for additional follow-up requests
from permitting authorities. EPA
40 CFR Parts 9, 122, 123, 124, and 501 expects the rule to reduce current
annual reporting and record keeping
[FRL-6401-2] H 5 .«-..e
Csitegory
BIN 2040-AB39
National Pollutant Discharge
Elimination System Permit Application
Requirements for Publicly Owned
Treatment Works and Other Treatment
Works Treating Domestic Sewage
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: The Environmental Protection
Agency (EPA) today amends permit
application requirements and
application forms for publicly owned
treatment works (POTWs) and other
treatment works treating domestic
sewage (TWTDS). TWTDS include
facilities that generate sewage sludge,
provide commercial treatment of sewage
sludge, manufacture a product derived
from sewage sludge, or provide disposal
of sewage sludge.
Today's rule consolidates POTW
application requirements, including
information regarding toxics
monitoring, whole effluent toxicity
(WET) testing, industrial user and
hazardous waste contributions, and
sewer collection system overflows. The
most significant revisions require toxic
monitoring by major POTWs (and other
pretreatment POTWs) and limited
pollutant monitoring by minor POTWs.
EPA believes that permitting authorities
need this information in order to issue
permits that adequately protect the
Nation's water resources.
Form 2A replaces existing Standard
Form A and Short Form A to account for
changes in the National Pollutant
Discharge Elimination System (NPDES)
program since the forms were issued in
1973.
The regulations also clarify the
requirements for TWTDS and allow the
permitting authorities to obtain the
information needed to issue permits that
meet the requirements of the 40 CFR
Part 503 sewage sludge use or disposal
regulations. Form 2S replaces the
existing Interim Sewage Sludge Form.
Form 2S is similar to the Interim
Sewage Sludge Form but requires less
information,
EPA is revising these regulations to
ensure that permitting authorities obtain
the information necessary to issue
permits which protect the environment
in the most efficient manner. The forms
make it easier for permit applicants to
provide the necessary information with
burdens by 21 percent, by standardizing
the forms to match information requests
with information needs.
This rule also lifts the stay of 40 CFR
501.15(d)(l)(i)(B) in a final rule
streamlining state sewage sludge
regulations published on August 24,
1998 (63 FR 45113).
DATES: This rule firt 40 CFR
501.15(d)(l)(i)(B) expires on December
2, 1999. In accordance with 40 CFR
23.2, this rule shall be considered final
for the purposes of judicial review at
1:00 p.m. (Eastern Standard Time) on
August 18. 1999.
ADDRESSES: The record for this
rulemaking, including all public
comments on the proposal, will be
available for inspection and copying at
the Office of Water Docket. The docket
is located at EPA, East Tower Basement,
401 M. St. SW, Washington, D.C. 20460.
The docket is open Monday-Friday 9:00
am to 4:00 pm. please contact the docket
at (202) 260-3027 to schedule an
appointment.
FOR FURTHER INFORMATION CONTACT: For
information on Form 2A and municipal
wastewater permitting issues in this
document, contact Robin Danesi, (202)
260-2991. Permits Division (4203),
United States Environmental Protection
Agency, 401 M Street S.W., Washington,
D.C., 20460.
For information on Form 2S and
sewage sludge permitting issues in this
document, contact Wendy Bell, (202)
260-9534, Permits Division (4203).
United States Environmental Protection
Agency, 401 M Street S.W., Washington.
D.C., 20460.
Copies of this document with the
forms are available from the EPA home
page at www.epa.gov under the Laws
and Regulations section. Electronic
copies of the forms will be available on
the Office of Wastewater Management
home page at www.epa.gov/owm. EPA
plans to provide a word wizard of the
form which should be available shortly
after the final rule is promulgated.
SUPPLEMENTARY INFORMATION:
Regulated Entities
Entities potentially regulated by this
action are governmental entities
responsible for implementation of the
NPDES and sewage sludge programs
and entities that are regulated by these
programs. Regulated entities include:
Local gov-
ernment.
Private ..„.
State gov-
ernment.
Federal
govern-
ment.
Examples of regulated entities
Publicly Owned Treatment
Works, owners and operators
of treatment works treating do-
mestic sewage.
Privately owned treatment works
or other treatment works treat-
ing domestic sewage.
Treatment works owned or oper-
ated by States or Tribes.
Federally owned treatment
works.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. This table lists
the types of entities that EPA is now
aware could potentially be regulated by
this action. Other types of entities not
listed in the table could also be
regulated. To determine whether your
organization is regulated by this action,
you should carefully examine the
applicability criteria in Parts 122 and
503 of Title 40 of the Code of Federal
Regulations. If you have questions
regarding the applicability of this action
to a particular entity, consult the person
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
Information in the preamble is
organized as follows:
I. Background
A. Overview
B. Public Consultation in the Rule
Development
II. Description of Today's Final Rule and
Response to Comments
A. Scope of Today's Rulemaking
B. Forms 2A & 2S
l.Form2A
a. Overview
b. Applicability to Privately Owned and
Federally Owned Treatment Works
2. Form 2S
a. Overview
b. Clarification of TWTDS
3. Reasons for Separate Forms 2A and 2S
4. Electronic Application Forms
C. Endangered Species and Historic
Properties
D. Definitions
E. Requirements Concerning the Use of
Forms (§§ 122.21(a),(c),(d), and (f))
F. Application Requirements for POTWs
(40 CFR 122.21 (j))
1. Permit as a Shield
2. Basic Application Information
3. Additional Application Information
for Applicants With Flows Greater Than
or Equal to 0.1 mgd.
4. Information on Effluent Discharges
5. Effluent Monitoring for Specific
Parameters
a. Pollutant Data Requirements for All
POTWs
b. Pollutant Data Requirements for
POTWs With Design Flows Greater Than
or Equal to 0.1 mgd.
c. Additional Pollutant Data
Requirements for Some POTWs
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Federal Register/Vol. 64, No. 149/Wednesday. August 4, 1999/Rules and Regulations 42435
6. Effluent Monitoring for Whole Effluent
Toxicity
7. Industrial Discharges
8. Discharges From RCRA/CERCLA
Waste Sources
9. Combined Sewer Overflows
10. Contractors
11. Certification
G. Application Requirements for TWTDS
(40 CFR 122.21 (q))
1. Facility Information
2. Applicant Information
3. Permit Information
4. Indian Country
5. Topographic Map
6. Sewage Sludge Handling
7. Sewage Sludge Quality
8. Requirements for a Person Who
Prepares Sewage Sludge
9. Land Application of Bulk Sewage
Sludge
10. Surface Disposal
11. Incineration
12. Disposal in a Municipal Solid Waste
Landfill
13. Contractors
14. Other Information
15. Signature
H. Permit Conditions for POTWs (40 CFR
122.440)
I. State Program Requirements (40 CFR
parts 123 & 501)
III. Regulatory Requirements
A. Executive Order 12866
B. Executive Order 12875
C. Unfunded Mandates Reform Act
D. Paperwork Reduction Act
E. Regulatory Flexibility Act
F. National Technology Transfer and
Advancement Act
G. Submission to Congress and the General
Accounting Office
H. Executive Order 13045
I. Executive Order 13084
I. Background
A. Overview
EPA provided an extensive discussion
of the background for today's rule in the
proposed rule published on December 6,
1995 (60 FR 62546). For the sake of
brevity, EPA refers the reader to that
action for information about the
background of today's rule.
B. Public Consultation in the Rule
Development
EPA made efforts to consult with
interested stakeholders during the
development of the December 6, 1995,
proposed rule. In late 1993 and early
1994. EPA sought feedback on draft
forms and other elements of the
proposal from States with approved
NPDES programs, local governments,
the Association of State and Interstate
Water Pollution Control Administrators
(ASIWPCA), the Association of
Metropolitan Sewerage Agencies
(AMSA). the California Association of
Sanitation Agencies (CASA), the Water
Environment Federation (WEF), and
several environmental groups. In
response to this outreach effort, EPA
received written comments from a
dozen States, several municipalities,
and from AMSA. EPA als'o met with
State and municipal representatives and
participated in a conference call with
representatives from ten POTWs and
two States.
EPA received 59 comments during the
public comment period on the proposed
rule and made numerous changes to the
rule and the forms in response to the
comments. Specific comments are
mentioned throughout today's preamble
in the applicable sections.
n. Description of Today's Final Rule
and Response to Comments
A. Scope of Today's Rulemaking
Today's document finalizes two sets
of application requirements and
corresponding permit application forms,
and provides instructions for each.
Section 122.21 (j) contains application
requirements pertaining to wastewater
treatment and discharge into and from
publicly owned treatment works
(POTWs). The requirements are
incorporated into the new Form 2A
which replaces Standard Form A and
Short Form A, both of which were
developed in 1973. Section 122.21(q)
contains application requirements
pertaining to generation, treatment, and
disposal of sewage sludge at POTWs
and other treatment works treating
domestic sewage (TWTDS). These
requirements are incorporated into the
new Form 2S which replaces the
Interim Sewage Sludge Permit
Application Form.
EPA promulgates these application
regulations and publishes the new forms
for several reasons. First, this
rulemaking addresses changes to the
NPDES program since 1973. The NPDES
program applicable to POTWs has
changed significantly since that time.
specifically in the areas of toxics
control, water quality-based permitting
and pretreatment programs. Second, the
rule consolidates application
requirements from existing regulations
into a "modular" permit application
form, thereby streamlining and
clarifying the process for permit
applicants. Third, these revisions
provide permit writers with the
information necessary to develop
appropriate NPDES permits consistent
with requirements of the Clean Water
Act and thus, also provide greater
certainty for permittees that compliance
with their permits constitutes
compliance with the CWA. Fourth, the
Agency seeks to reduce redundant
reporting by allowing NPDES permitting
authorities to waive certain information
requirements where information is
already available to the permitting
authority and, finally, to provide a
platform for electronic data
transmission.
EPA will use the forms in States
where the Agency administers the
NPDES and/or sewage sludge programs.
Authorized States may choose to use
these forms because the forms will
provide the required application
. information. Authorized States can also
elect to use forms of their own design
so long as the information requested
includes at least the information
required by today's final permit
application regulations. EPA and State
authorities may request additional
information from permit applicants
whenever necessary to establish
appropriate permit limits and
conditions. See CWA sec. 308 and
402(b)(2)(B).
In the December 1995 proposal, EPA
asked for comment on whether the
forms and instructions should be
included with the final rulemaking
package. EPA received numerous
comments that said that the forms and
instructions should be published so
they could be available for all to review
along with the regulation. EPA has
changed the forms significantly in
response to comments and in order to
facilitate electronic reporting. Therefore,
EPA is publishing the forms in the new
format with the final rule. The final
forms and instructions are included as
an appendix to today's notice, but will
not be printed in the CFR.
B. Forms 2A and 2S
l.Form2A
a. Overview. Prior to today's rule,
NPDES permitting authorities generally
gathered POTW data using Form 1,
Standard Form A, and Short Form A.
While all these forms are approved
Federal forms, the NPDES regulations
did not require use of the forms by
POTWs when applying for a permit.
Standard Form A was intended to be
used by all POTWs with a design flow
equal to or exceeding one million
gallons per day (mgd). It contains
questions about the facility and
collection system, discharges to and
from the facility (including information
on some specific pollutant parameters),
and planned improvements and
implementation schedules. Short Form
A was intended for use by all POTWs
with a design flow of less than one mgd.
It contains only fifteen questions of a
summary nature, and asks for virtually
no information on specific pollutants.
Many States used one or both of the
Federal forms, but a number of States
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42436 Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations
have developed forms that request
information not included on the Federal
forms.
The December 1995 proposed
application form contained two parts,
Basic Application Information and
Supplemental Application Information.
The basic application section was to be
completed by all POTWs and contained
facility information and monitoring
requirements for 17 pollutants. The
supplemental application information
was for applicants providing data on
toxic pollutants, applicants with
significant industrial users, and
applicants with CSOs.
During the comment period, EPA
collected and scrutinized data on the
types and quantities of toxic pollutants
discharged by minor POTWs. EPA
completed an evaluation of existing data
sources and conducted toxic monitoring
at selected minor POTWs. The results
were published as "Evaluation of the
Presence of Priority Pollutants in the
Discharges of Minor POTWs" in June
1996. Copies of the report were sent to
all State NPDES coordinators and an
electronic version is available on the
Office of Wastewater Management
Home page (www.epa.gov/owm). The
Study included a query of the Permit
Compliance System (PCS), EPA's
nationwide database for storing NPDES
permit information. The June 1996
Study compiled the information from a
PCS query for minor POTW data from
1990 to the present, an evaluation of
minor POTW data provided by State
agencies, and on-site monitoring for
selected toxics at 86 minor POTWs
located throughout the country.
Based on the information from the
Minor POTW Study and comments
received on the proposal, EPA decided
to modify the proposed application
requirement to reduce the information
required from facilities under 0.1 mgd.
The 0.1 mgd cut-off was based on data
from the EPA Permit Compliance
System (PCS). The data showed that
facilities with design flows greater than
1.0 mgd (major facilities) account for
94.6% of the total POTW flow
nationwide. Facilities with design flows
between 1.0 mgd and 0.1 mgd account
for 5% of the total flow. The remaining
0.4% of the nationwide POTW flow is
discharged by facilities with design
flows less than 0.1 mgd. A facility with
a design flow of less than 0.1 mgd
typically serves a population of 1.000
people or less. Approximately 40% of
all POTWs fall into this less than 0.1
mgd category. Because these POTWs
serve very small communities that
contribute a small amount of flow
(usually without an industrial influent
component), EPA determined that
requiring less information from these
POTWs would reduce the costs
associated with analytic monitoring
without significantly affecting the
information otherwise needed by permit
writers.
Today's Form 2A still contains two
parts, but the Basic Application
Information has been subdivided to
reduce the requirements for facilities
with a design flow under 0.1 mgd. The
"Basic Application Information for All
Applicants" part includes information •
about the collection system and the
treatment plant, general information
concerning the types of discharges from
the treatment plant, identification of
outfalls, and effluent monitoring data
from the plant for 6 parameters. The
requirements are expanded to include
effluent monitoring for 14 parameters
and several additional questions for
POTWs with design flows greater than
or equal to 0.1 mgd but less than 1.0
mgd and without pretreatment
programs. Larger POTWs and
pretreatment POTWs must submit the
information requested in the
"Supplemental Application
Information" part of Form 2A, which
requires effluent monitoring data for
metals and organic compounds, as well
as the parameters required for smaller
POTWs. This part also requires results
of whole effluent toxicity tests,
information on significant industrial
users, and information on combined
sewer overflows (CSOs) if applicable.
. b. Applicability to Privately Owned
and Federally Owned Treatment Works.
As in the case of existing Standard
Form A and Short Form A, Form 2A and
the application requirements at
§ 122.21(j) are required only for POTWs.
EPA believes, however, that NPDES
permitting authorities have the
discretion to use the form on a case-by-
case basis for treatment works that are
not owned by a State or municipality.
As previously discussed, the NPDES
program has evolved considerably since
EPA promulgated Standard Form A and
Short Form A in 1973. The program can
clearly be applied to facilities that are
similar to POTWs but which do not
meet the regulatory definition of
"publicly owned treatment works"
(POTWs). Although not owned by States
or municipalities, such facilities
nevertheless may receive predominantly
domestic wastewater, provide physical
and/or biological treatment, and
discharge effluent to waters of the
United States. Such facilities include
Federally owned treatment works
(FOTWs) and privately owned treatment
works that treat primarily domestic
wastewater.
EPA received eight comments
regarding FOTWs and privately owned
treatment works. All but one favored
expansion of POTW application
requirements to facilities that operate
similarly to POTWs but that may be
Federally or privately owned. One
commenter stated that the current
system of different forms for treatment
works based on ownership creates an
artificial difference between facilities.
Other commenters agreed and felt that
all facilities that operate similarly
should complete the same application
form. A commenter representing the
Department of Defense provided
comments on the similarities between
FOTWs and POTWs based on size and
scope of activities at military
installations and compared the
installations to small cities. The
commenter argued that statutory
differences prevent EPA from requiring
the same information from Federal
facilities that operate similarly to
POTWs.
EPA is aware that Federal and State
permitting authorities use a number of
mechanisms for obtaining NPDES
permit application information from
non-POTW treatment works. These
mechanisms include Standard Form A,
Short Form A, Form 2C ("Existing
Manufacturing, Commercial, Mining,
and Silvicultural Operations"), and
Form 2E ("Facilities Which Do Not
Discharge Process Wastewater"). EPA
believes that Form 2A is often the most
appropriate application form for non-
POTW treatment works.
Nevertheless, EPA is not requiring the
Form 2A information from non-POTW
treatment works. Despite many
functional similarities to POTWs, such
facilities do not share the same
regulatory requirements. Non-POTW
treatment works are not required under
the CWA, for example, to develop
pretreatment programs. The CWA does
not require such facilities to meet
secondary treatment requirements,
though permits for such facilities often
apply secondary treatment based limits
after a best professional judgement
evaluation has been performed by the
permit writer. NPDES regulations do not
require such facilities to report results of
whole effluent toxicity testing with their
permit applications. For these facilities,
uniformly requiring the same
information required in Form 2A might
be unnecessary. EPA has added
language to the introductory paragraph
of § 122.21Q) of today's final rule that
allows the Director to require such
facilities to comply with the POTW
application requirements (e.g. through
Form 2A) on a case-by-case basis. This
discretion will provide NPDES permit
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Federal Register /Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations 42437
writers with the information necessary
to develop permits for facilities that may
operate similarly to POTWs but that do
not meet the regulatory definition.
2. Form 2S
a. Overview. Today, EPA finalizes a
new form, Form 2S, to collect
information on sewage sludge from
treatment works treating domestic
sewage (TWTDS). The term "treatment
works treating domestic sewage" is a
broad one, intended to reach facilities
that generate sewage sludge or
effectively change its pollutant
characteristics as well as facilities that
control its disposal. The term includes
all POTWs and other facilities that treat
domestic wastewater. It also includes
facilities that do not treat domestic
wastewater but that treat or dispose of
sewage sludge, such as sewage sludge
incinerators, composting facilities,
commercial sewage sludge handlers that
process sludge for distribution, and sites
used for sewage sludge disposal. In
addition, EPA may designate a facility a
TWTDS when the facility's sludge
quality or sludge handling, use, or
disposal practices have the potential to
adversely effect public health and the
environment. Individual septic tanks or
similar devices are not considered
TWTDS.
EPA recognizes that the term
"biosolids" is now being used by
professional organizations and other
stakeholders in place of "sewage
sludge" to emphasize that it is a
resource that can be recycled
beneficially. EPA intends to work with
these stakeholders to define the term
"biosolids" consistent with the
definition of "sewage sludge" in the
CWA. Until then, EPA will continue to
refer to sewage sludge in its regulations.
Form 2S consists of 2 sections. Part 1
asks for limited background information
rather than a complete permit
application. Only the information in
Part 1 must be submitted by "sludge-
only" facilities, i.e. facilities that do not
discharge wastewater to surface waters,
unless the permit writer determines that
the information in Part 2 must also be
provided. It is intended to give the
permitting authority enough
information to decide whether or not to
issue a permit to that facility. The
information in Part 2 must be submitted
by all TWTDS with an NPDES permit
and "sludge-only" facilities that have
been asked by the permitting authority
to submit a complete permit
application.
b. Clarification of TWTDS. No change
was proposed in the definition of
TWTDS or who is required to provide
the information in Form 2S, but EPA
received several comments with
questions or misconceptions on this
subject. Since EPA did not propose to
change nor solicit comments on the
existing definition, EPA considers those
comments on the definition to be
beyond the scope of the proposal.
Nonetheless, EPA provides
clarifications of how it interprets the
existing definition to assist in
compliance with the existing rules. The
first point of clarification is how sewage
sludge land application sites (i.e., the
land) fit into the definition of Treatment
Works Treating Domestic Sewage
(TWTDS). While the definition does
include "land dedicated for the disposal
of sewage sludge," i.e., surface disposal
sites, the definition does not include
land application sites. A "land
application site" is the land where
sewage sludge is used to condition soil
or fertilize crops or vegetation. EPA
makes a distinction between disposal at
a surface disposal site and use (also
referred to as "beneficial reuse") at a
land application site.
Commenters also asked questions
about who must apply for a permit.
Industrial treatment works that treat
domestic sewage along with process
wastes are TWTDS unless they generate
hazardous sludge. However, EPA
determined that it did not have enough
information about these facilities to
regulate them under Part 503, and it
would be difficult to find a technical
basis for routine case-by-case
permitting. Since there are no Part 503
standards for industrial treatment
works, there are no requirements to put
in a permit. Therefore, even though
these facilities are TWTDS, they are not
required to apply for a sewage sludge
permit at this time. Today's rule
.clarifies this issue by stating that "all
TWTDS whose sewage sludge use or
disposal practice is regulated by Part
503 must submit a permit application
* * *••
If EPA promulgates technical
standards for industrial facilities in the
future, they would then be required to
apply for a permit. The permitting
authority can, of course, ask for an
application and issue a permit to an
industrial facility if a permit is deemed
necessary to protect public health and
the environment (54 FR 18727, 58 FR
9324 & 9406). In those rare situations
where an industrial facility treats
domestic sewage and industrial
wastewater through totally separate
treatment trains, the facility would be
required to apply for a permit for its
domestic sludge, but not for its
industrial sludge.
One commenter raised the situation of
TWTDS that use a community septic
tank with the effluent routed to a
recirculating sand filter. The commenter
questioned whether this type of a
facility was a TWTDS because septic
tanks are excluded from the definition
of TWTDS. EPA intended the septic
tank exclusion to refer to individual
septic tanks because the Agency did not
believe it was necessary to ask for
information from individual
homeowners. EPA believes that
community systems that include septic
tanks are TWTDS.
Because the type of facility identified
by this commenter does not discharge,
it probably would not have an NPDES
permit. As a "sludge-only" facility, it is
required to submit only limited
background information (§ 122.21
(c)(2)(iii) (A) through (E)) when a
sewage sludge standard applies to the
facility's use or disposal practice. The
TWTDS is not required to submit any
additional application information
unless the permitting authority requests
a full permit application.
If there is no Part 503 standard for the
facility's use or disposal practice, the
owner/operator of the facility is not
automatically required to submit a
permit application. For example, if the
sewage sludge from this septic tank is
taken to a POTW, the limited
background information does not have
to be submitted because Part 503 does
not apply to this type of disposal
method. If the owner/operator of this
facility wanted to stop taking its sewage
sludge to a POTW and start applying it
to the land, it would be required to
submit the limited background
information to the permitting authority
180 days before changing its use or
disposal practice. In addition, because
this facility is a TWTDS, the permitting
authority can require a permit
application at any time if a permit is
deemed necessary to protect public
health and the environment.
One commenter stated that his State
did not make a distinction between
NPDES and non-NPDES facilities in
setting permitting priorities and would
require all TWTDS to submit a full
permit application. Another commenter
thought that EPA should not make such
a distinction in its rules. EPA decided
to stagger permit applications and
require less information from non-
discharging facilities in the February 19,
1993 amendments to Parts 122 and 501
(58 FR 9404). Permitting authorities
have the option to require complete
permit applications from all TWTDS at
any time.
EPA received a comment that asked
whether a POTW with a non-
discharging lagoon system must apply
for a permit. If the lagoon is part of the
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42438 Federal Register/Vol. 64. No. 149/Wednesday. August 4, 1999/Rules and Regulations
waste treatment system and there is no
sewage sludge being removed, there is
no use or disposal practice to trigger an
application requirement. Before sewage
sludge is removed from the lagoon and
used or disposed in a manner regulated
by Part 503, however, the TWTDS must
provide limited background information
to the permitting authority.
As with any TWTDS, the permitting
authority can require a permit
application at any time if a permit is
deemed necessary to protect public
health and the environment. Such
circumstances may arise where the
permitting authority may ask for an
application even after the sewage sludge
has been sitting in the lagoon for several
years. The permitting authority will
decide, for example, whether the sewage
sludge lagoon is truly part of the
treatment process or a storage lagoon, or
whether the lagoon should be regulated
as a surface disposal site.
The regulatory situation is similar for
a discharging lagoon, where the NPDES
permitting authority should already
have information about the treatment
process. When the sewage sludge
permitting authority is also the NPDES
permitting authority. EPA expects that
they would already know how the
TWTDS's sewage sludge should be
regulated.
3. Reasons for Separate Form 2A and
Form2S
EPA today publishes two separate
forms for municipal wastewater
discharges and for sewage sludge for
several reasons. First, the requirements
represented by the two forms differ in
their applicability. The NPDES permit
application requirements collected in
Form 2A apply only to POTWs; the
sewage sludge information requirements
collected in Form 2S apply to all
TWTDS. not just POTWs. Most facilities
that generate, treat, or dispose of sewage
sludge are POTWs. and will be required
to submit both application forms.
Several thousand TWTDS. however, do
not discharge to surface waters and
therefore are not required to have
NPDES permits. Thus, such TWTDS are
subject to sewage sludge requirements
(Form 2S) but not to NPDES
requirements (Form 2A).
Second, separate application forms
are also appropriate because wastewater
and sewage sludge may be regulated by
different permitting authorities. In 43
States and territories, the NPDES
program is administered at the State
level through an EPA-approved NPDES
program. There are currently only 3
States that administer an EPA-approved
sewage sludge program. Therefore, until
more States are authorized to administer
the federal sewage sludge program, .
POTWs in most NPDES States will
obtain NPDES permits from the State
permitting authority (by submitting
Form 2A or a similar State form to the
State) and sewage sludge permits from
EPA (by submitting Form 2S to the EPA
Regional Office). Separate application
forms will facilitate this bifurcated
permitting process. In addition, even
when a State sludge permitting program
is approved, the program will not
necessarily be administered by the
State's NPDES permitting authority. For
example, a POTW in a State with both
NPDES and sewage sludge permitting
authority could receive its NPDES
permit from the water pollution control
agency and its sewage sludge permit
from a solid waste management agency.
Separate Forms 2A and 2S will also
facilitate permitting in this situation.
EPA received three comments
supporting the use of separate forms.
One of these commenters emphasized
that applicants should be able to cross
reference information submitted on the
other form. As discussed in more detail
in section II.G of today's preamble,
applicants are allowed to photocopy
other forms, or reference information
that they know was previously
submitted to the same permitting
authority.
EPA also received several comments
that suggested either combining parts of
2A and 2S or further separating them
into segments applicable to different
types of facilities. EPA considered many
different types of form structures before
proposing 2A and 2S and reconsidered
the forms based on suggestions from
commenters. While no form is ideal for
all situations, EPA believes that the
forms accompanying today's rule
represent the best division of
information for most applicants.
Authorized States are free to create their
own State forms as long as the forms
request the same minimum information.
4. Electronic Application Forms
Consistent with recent amendments to
the Paperwork Reduction Act, the
Agency is developing electronic data
submission as an alternative format for
permit application. The use of
electronic media should help to
streamline the application process and
to reduce the amount of repetition
associated with completing application
forms that are currently available only
in hard copy. As previously noted, the
elimination of redundant reporting is
one of the goals of today's rulemaking.
EPA's first step in the submission of
electronic data is the development of an
electronic version of the application
form. The Agency has developed such
an electronic version, which is available
b}' contacting the persons listed in the
FOR FURTHER INFORMATION Section of this
preamble or on the Internet from the
EPA Home Page (www.epa.gov). The
application forms will be made
available in Word and Windows Wizard
formats and include instructions that
guide the applicant through the form.
Some authorized States are also
considering electronic reporting. EPA
. believes that providing the forms in an
. easily manipulated software will also
assist States that want to use electronic
permit applications.
EPA received 21 comments on the
issue of electronic reporting. Most of the
commenters agreed with the concept of
electronic reporting for application
forms but were concerned about
implementation. A few commenters
thought it was not a feasible option for
small facilities. The major
implementation issues from the
comments include: signature; hardware;
and software needs. Electronic permit
application reporting options range from
transmitting data electronically,
submitting disk copies, or submitting
hard copy permit applications provided
to the applicant in an electronic format.
The most feasible option currently
available involves electronic forms that
can be distributed and completed
electronically, and subsequently
printed, signed, and submitted. EPA
continues to explore options for
electronic permit application
transmission.
C. Endangered Species and Historic
Properties
In the December 1995 proposed rule,
EPA invited comments related to
information about endangered species
and historic properties. Specifically, if
EPA established permit application
questions about endangered and
threatened species (listed species) or
historic properties, what kind of
information could or should the permit
applicant provide? Would it be
appropriate to request that the permit
applicant identify whether there are
listed species or historic properties in
the area of the POTW discharge or
sewage sludge use or disposal site? How
could or should EPA provide applicants
with flexibility to assist regulatory
officials in the consideration of
potential impacts of activities on listed
species or historic properties?
Most commenters stated that EPA
should not require any information in
the permit application. The commenters
felt strongly that they did not want
applicants to determine what listed
species or historic properties would be
affected by their discharge. The
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commenters felt this was information
that is more easily obtained by the
permitting authority.
EPA is not requiring information
about listed species or historic
properties in today's rule. In many
permitting situations, this information
may already reside with the permitting
authority and therefore EPA believes it
would be of little use to require all
applicants to submit this information.
However, some permit applicants may
already have information regarding
listed species and historic properties or
may be better able than the permitting
authority to obtain such information. In
such cases, permitting authorities may
require such information from
applicants on a case-by-case basis.
EPA is also working with the U.S.
Fish and Wildlife Service (FWS) and the
National Marine Fisheries Service
(NMFS) to develop procedures to more
closely coordinate efforts to protect
water quality and listed species
including the use of Endangered Species
Act Section 7 consultations for EPA-
issued permits and other Federal actions
where appropriate.
D. Definitions
In the proposed rule, EPA proposed to
revise the definition of the term
"POTW," as defined in 40 CFR Part 122
to conform more exactly with the
definition of the term at 40 CFR Part
403. The proposed change, however,
appeared to create confusion. EPA
received 12 comments on this issue.
Several commenters agreed that the
definitions should be consistent. Most
of the commenters raised various issues
that they thought might be affected by
the changed definition. One commenter
thought that the Part 403 definition was
too confusing and should not be used.
Another thought EPA should consider
that other federal regulatory programs,
such as hazardous waste management
programs, include references to
"POTWs" and could be affected by a
change in the NPDES definition. After
considering the comments, EPA has
decided that it is not necessary to
change the definition because the
existing definitions are not inconsistent
(even though the Part 403 definition
contains more detail related to
Pretreatment Program requirements).
Therefore, today's rule does not change
the definition of the term "POTW" in
Part 122.
E. Requirements Concerning the Use of
Forms (§§122.21 (a), (c), (d) and (f))
EPA today finalizes revisions to the
existing general application
requirements for all NPDES permittees,
which can be satisfied by the use of
Forms 2A and 2S by applicants for EPA-
issued permits. Today's rule does not
require applicants using these forms to
use Form 1, because the same-
information is requested on Forms 2A
and 2S. The final rule substantially
incorporates the requirements of
§ 122.21 (f) for Form 1 into the
requirements of §§ 122.21{j) for Form 2A
and 122.21 (q) for Form 2S.
On December 11, 1996 (61 FR 65268),
EPA proposed a rule to streamline
various parts of the NPDES regulations
(NPDES streamlining proposal). One of
the changes proposed would
consolidate the requirements of
§§ 122.1(d)(l) and 122.21(d)(3) and
move them to a new paragraph,
§ 122.21 (a) (2). Both of these sections
dealt with application requirements and
were duplicative. EPA believed
§ 122.21 (a) would be a more appropriate
location because that subsection
pertains to all permit applicants,
whereas § 122.21(d) applies to permit
reapplications. Section 122.1 is also not
a particularly suitable location because
it concerns the scope of the NPDES
program and not application
requirements. EPA proposed to retain
the current § 122.21 (a) regulation in new
§ 122.21 (a)(1). The Agency proposed to
remove § 122.21(d)(3) and reserve the
section for future use.
In the proposal for today's rule, EPA
proposed changes in the application
requirements (paragraph (d)(3)) to
reference the new application
requirements for POTWs and TWTDS
(§§ 122.21 (j) and (q)) and Forms 2A and
2S. To avoid confusion and to simplify
the changes, EPA decided to make all
the changes to §§ 122.21 (a) through (d)
in today's final rule. Other changes in
the NPDES streamlining proposal will
be finalized in a later notice. EPA
received only favbrable comments on
these changes in both proposals
Therefore, today's rule deletes
§ 122.21(d)(3). The requirements in
existing § 122.21(a) have been moved to
a new § 122.21 (a) (1) and modified to
clarify that a sludge-only facility must
submit a permit for its use or disposal
practice only if the practice is regulated
by Part 503.
New § 122.21 (a) (2) contains the
requirements previously included in
§§ 122.1(d)(l) and 122.21(d)(3). One
commenter on the NPDES streamlining
proposal thought that the wording for
the storm water-related application
forms needed clarification. This
language was simply moved from
§ 122.26(c)(l) and was not changed in
the proposal. However, EPA agrees that
some of the commenter's suggestions
provide clarification and the language of
§ 122.21(a)(2)(i)(G) has been modified
accordingly. This section is finalized as
proposed in the NPDES streamlining
proposal, with a few minor changes that
clarify who is required to submit each
form.
As mentioned above in section II.B.4,
EPA received numerous comments that
support the concept of electronically
submitted forms. Section 122.21(a)(2)(ii)
explains that electronic forms can be
used if approved by EPA or an NPDES
authorized State.
Both the municipal/sewage permit
applications proposal and the NPDES
streamlining proposal contained
revisions to § 122.21(c)(2) to reflect the
changed location of the application
requirements. Section 122.2 l(c) (2) of
today's rule reflects the changes
mentioned above to §§ 122.21 (a) and (d).
EPA is also deleting existing
§ 122.21(c)(2)(i) and renumbering the
remaining paragraphs of § 122.21(c)(2).
This provision was intended to allow
the.permitting authority to obtain
applications for sewage sludge
incinerators and others who requested
site-specific pollutant limits before
authorization for other sewage sludge
use or disposal practices because these
permits would take the most time to
issue and EPA believed that incinerators
pose the greatest risk to public health.
However, there have been few requests
for site-specific permits. In addition,
changes to Part 503 (60 FR 54771) make
the incineration standard totally self-
implementing along with the rest of the
rule, i.e., the standard must be met
whether or not a permit is issued.
Therefore, this paragraph is no longer
necessary. As described in
§ 122.21(c)(2)(iii), the Director may
require permit applications from any
TWTDS at any time if necessary to
protect public health and the
environment.
EPA received a comment on
§ 122.21(q)(8) that refers to existing
§ 122.21(c)(2)(iii)(C), now renumbered
as § 122.21(c)(2)(ii)(C). Paragraph
(c) (2) (ii) lists the limited background
information requested of non-NPDES
TWTDS. In §122.21(q)(8), if sewage
sludge meets the "exceptional quality"
(EQ) requirements, no additional
information is required about land
application sites or facilities that further
treat the sewage sludge. As pointed.out
by the commenter, § 122.21 (c) (2) (ii) (C)
should also be modified to require less
information for "EQ" sewage sludge to
provide consistency with the full permit
application requirements. Therefore,
today's rule modifies
§ 122.21(c)(2)(ii)(C) and does not require
the applicant to provide the name and
address of facilities where sewage
sludge is sent for treatment or disposal
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and the location of land application
sites if the sewage sludge meets the
"EQ" requirements.
F. Application Requirements for POTWs
(40 CFR 122.21$)
The regulations in § 122.21 (j) provide
the application requirements for
POTWs. Submittal of a complete Form
2A satisfies the application
requirements of this section. POTWs
may also satisfy the requirements of this
section by completing a State-issued
version of the form which has been
approved by the State Director.
In the proposal for today's rule, EPA
acknowledged concerns relating to
redundant reporting raised by State and
municipal commenters during
consultation. EPA proposed the
introductory paragraph of § 122.21Q) to
allow the Director to waive any
requirement in paragraph (j) if the
Director has access to substantially
identical information. EPA solicited
comment on this approach and other
ways to provide the permitting authority
with discretion to waive particular
Information requirements where he or
she determines that such information is
not necessary for the application.
EPA received numerous responses to
the waiver question. Most of the
commenters agreed that the Director
should be allowed to waive any
requirement in paragraph (j) if he or she
already has access to the information.
Several commenters also stated that
applicants should be able to reference
previously submitted information that is
still accurate rather than resubmit the
data. For example, commenters
mentioned that much of the information
required in the permit application has
already been submitted to the same
permitting authority in the permittee's
reports.
in response, EPA has modified today's
final rule to allow applicants to provide
information by referencing (in their
application) how and when the
applicant previously submitted the
information. Applicants should be very
specific when referencing information
so the permitting authority has no
difficulty in locating the previous
submission. Permitting authorities
should recognize the need to keep
information available for future action
and to ensure the availability of
information submitted to various
departments. All referenced information
should also be incorporated into the
administrative record for the permit
application.
Many of the commenters also felt that
EPA should go further than the proposal
and allow a waiver for any requirement
that an authorized NPDES State feels is
not necessary for the application. EPA
has considered this option, and has
modified § 122.21(j) of today's rule to
provide States with the ability to waive
any requirement of § 122.21Q) that the
State believes is not of material concern
for a specific permit, if approved by the
Regional Administrator.
In developing this change from the
proposal, EPA attempted to anticipate
and avoid confusion in implementation.
The primary actors involved in the
process for request and approval of
waivers are authorized NPDES States
and EPA Regions. The permit applicant
would be most significantly impacted
by this process. EPA intends that, if the
authorized NPDES State complies with
(and the permit applicant is mindful of)
the waiver approval process, then the
permit applicant will avoid any adverse
legal consequences related to the permit
application phase. The two areas of
concern are administrative continuation
of expired permits (and "completeness"
of re-applications), and the scope of the
authorization to discharge, also referred
to as the "permit shield."
The goal of the application
requirements is to provide the permit
writer with the information necessary to
develop appropriate NPDES permits
consistent with requirements of the
CWA. The "permit shield" provided by
Clean Water Act section 402 (k) is
predicated on the permit writer's
presumed knowledge of the discharge. If
a permit application contains
information about specific pollutants,
waste streams, or processes, then the
permit writer is legally presumed to
have knowledge about them. The
"permit shield" applies whether or not
the permit writer imposes regulatory
controls in the permit based on that
presumed knowledge. The Agency
believes that the application
information required under today's rule
is necessary for the permit writer to
consider in developing a permit, so a
case-specific waiver may affect the
scope of knowledge that EPA presumes
of the permit writer. If the waiver
approval processes are not followed and
the permit applicant does not submit
required information, then the scope of
the permit shield is questionable. If the
waiver approval processes are followed,
the scope of the permit shield will not
be affected.
When the permitting authority wishes
to waive the submission of information,
the Director must request approval for
the waiver from the Regional
Administrator. This request must
include documentation that provides
justification for the waiver. Section
123.43(b) has been amended to include
provisions for this waiver of
information. If a waiver is approved by
EPA, the justification for the waiver
must appear in the permit fact sheet for
each facility receiving the waiver. A
new paragraph (9) has been added to
§ 124.8(b) to include this fact sheet
requirement.
As with the scope of the permit
shield, the waiver opportunity may
affect the validity of authorization to
discharge under an expired permit. In
order to discharge under an expired
permit, a permittee must submit a
timely and complete application for
renewal prior to expiration. The waiver
opportunities under today's rule may
affect the determination of whether an
application is "complete." EPA has
added a new paragraph (e) (2) to
§ 122.21 (e) to clarify the completeness
requirements. If a State submits its
waiver request within 210 days of
permit expiration and EPA either
approves the waiver or does not act on
the-waiver within 30 days, the permit
application is considered "complete." If
EPA disapproves the waiver, the permit
application based on the waiver is not
"complete."
EPA plans to develop guidance, in
consultation with States and other
interested stakeholders, to assist the
Regions in making determinations for
waivers. EPA expects to have this
guidance finalized within
approximately two years. Until this
guidance is completed, EPA and the
States must work together to decide on
appropriate waivers. The performance
partnership agreement process is one
forum for determining such
appropriateness.
1. Permit-as-a-Shield
Section 402(k) of the CWA, also
known as the "permit shield" provision,
provides that compliance with an
NPDES permit shall be deemed
compliance, for purposes of Section 309
and 505 enforcement, with Section 301,
302, 306, 307, and 403 of the CWA
(except for any standard imposed under
Section 307 for toxic pollutants
injurious to human health). In response
to questions raised regarding EPA's
interpretation of the scope of the
"shield" associated with NPDES
permits under the CWA, EPA issued a
policy statement on July 1, 1994, to
describe the Agency's policy on the
scope of the authorization by EPA to
discharge under an NPDES permit and
the "shield" thus associated with permit
authorization.
As part of an application for an
individual NPDES permit, EPA requires
that an applicant provide certain
information on its facility. Previous
application requirements for municipal
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discharges focused primarily on the
operation and treatment processes at the
municipal treatment works, although
some quantitative information is also
required.
Historically, EPA has viewed the
permit, together with material submitted
during the application process and
information in the public record
accompanying the permit, as important
bases for an authorization to discharge
under CWA section 402. The
availability of the section 402 (k) shield
is predicated upon the issuance of an
NPDES permit and a permittee's full
compliance with all applicable
application requirements, any
additional information requests made by
the permit authority and any applicable
notification requirements under 40 CFR
§§ 122.41(1) and 122.42, as well as any
additional requirements specified in the
permit.
On April 11, 1995, EPA reissued the
memorandum to clarify that a
discharger must provide all information
in writing for the permit record in order
to obtain the authorization to discharge
and the "shield" provided by a National
Pollutant Discharge Elimination System
permit. EPA explained that a permit
provides authorization and therefore a
shield for the following pollutants
resulting from facility processes, waste
streams and operations that have been
clearly identified in writing in the
permit application process when
discharged from specified outfalls:
(1) Pollutants specifically limited in
the permit or pollutants which the
permit, fact sheet, or administrative
record explicitly identify as controlled
through indicator parameters (of course,
authorization is only provided to
discharge such pollutants within the
limits and subject to the conditions set
forth in the permit);
(2) Pollutants for which the permit
authority has not established limits or
other permit conditions, but which are
specifically identified in writing as
present in facility discharges during the
permit application process and
contained in the administrative record
which is available to the public; and
(3) Pollutants not identified as present
but which are constituents of waste
streams, operations or processes that
were clearly identified in writing during
the permit application process (the
permit, of course, may explicitly
prohibit or limit the scope of such
discharges) and contained in the
administrative record which is available
to the public.
With respect to subparts 2 and 3 of
the permit authorization described
above, EPA recognizes that a discharger
may make changes to its permitted
facility (which contribute pollutants to
the effluent at a permitted outfall)
during the effective period of the
NPDES permit. Pollutants associated
with these changes (provided they are
within the scope of the operations
identified in the permit application) are
also authorized provided the discharger
has complied in a timely manner with
all applicable notification requirements,
assuming the permit does not otherwise
limit or prohibit such discharges. See 40
CFR 122.41(1) and 122.42(a)&(b). Section
122.42(b) requires that POTWs must
provide adequate notice, including
information on the quality and quantity
of discharges to the POTW and ,
anticipated impacts on the quantity or
quality of effluent discharged by the
POTW, of new introductions of
pollutants by indirect dischargers into
the POTW and any substantial change
in the volume or character of pollutants
being introduced by sources introducing
pollutants into the POTW at the time of
permit issuance.
Notwithstanding any pollutants that
may be authorized pursuant to subparts
1 and 2 above, an NPDES permit does
not authorize the discharge of any
pollutants associated with waste
streams, operations, or processes which
existed at the time of the permit
application and which were not clearly
identified during the application
process.
In the policy statement, EPA .
committed to revise the NPDES permit
application regulations for both
municipal and industrial discharges, so
as to ensure that applicants would have
the responsibility to characterize more
fully the nature of their effluents and
the contributions of their effluents to
receiving waters. EPA stated that, in
addressing this issue, it would review
its position on the scope of the permit
shield provided by section 402(k).
Generally, the discharger is in the best
position to know the nature of its
discharge and potential sources of
pollutants. Consequently, requiring as
full a disclosure as technically possible
in the permit application is one option
EPA considered in light of the
protection afforded the discharger by
the permit shield. In the case of POTWs,
however, providing a permit shield only
for pollutant discharges fully and
completely characterized in the permit
application could represent a significant
burden on POTWs if they were required
to identify every pollutant discharged
due to the wide variation in potential
pollutant contributions into POTW
sewer systems from industrial users and
residential dischargers, both in terms of
pollutant parameters and volumes.
Narrowing the scope of the shield and
consequent expansion of potential
liability would likely raise the cost
associated with the failure to anticipate,
detect, and provide information on
these discharges.
EPA was concerned that, using the
1973 application form, permitting
authorities would not always receive the
necessary information about an
applicant's discharge to develop
adequate permits consistent with the
requirements of the CWA. In practice,
permitting authorities have been
requiring supplemental information in
order to write credible permits. Today's
rule updates the POTW discharge
application requirements and
§ 122.21 (j), to provide necessary
information to permit writers and to
streamline the permitting process by
ensuring that the information needed
from most applicants is consolidated
onto a single form.
Fourteen commenters responded on
the issue of the permit application
requirements and the permittee's
responsibility to fully characterize its
waste stream for permit shield
protection under the 1995 policy. All
but two of the commenters thought that
the requirements did not need to be
expanded to include more information
than the § 122.21 (j) requirements of
today's rule. Several commenters
thought that permitting authorities
already have access to a great deal of
discharge data and have the authority to
ask for additional data when necessary.
In the commenters' view, these
information sources, such as
pretreatment program POTW annual
reports, provide enough information for
a permit writer to determine what
pollutants can be expected in a POTWs
influent from industrial sources, and
this information falls within the
boundaries of the permit-as-a-shield
policy. EPA agrees that some required
information that may be found in
reports previously submitted to the
permitting agency falls within the
permit-as-a-shield policy. Today's rule
allows reports to be referenced by the
permittee in the application form
provided they are incorporated into the
administrative record for the
application.
The proposal for this rule requested
comment on whether EPA should ask
for information on beach closings, fish
kills, or citizens' complaints.
Commenters did not believe that asking
for any of this information would
provide any additional benefit to the
permit writer. Two of the commenters
thought that a general question such as
"Does the permittee have any other
information on pollutants not otherwise
requested on the forms?" might be
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useful. EPA does not at this time believe
additional generic questions are
necessary on the permit application
because the permitting authority already
has access to much of this information.
EPA has concluded that the
application requirements in § 122.21(j)
of today's rule are sufficient to provide
the permitting authority with a
reasonable characterization of a
permittee's discharge for protection
under the permit-as-a-shield policy.
Accordingly, the application
requirements have not been expanded to
include any further questions on beach
closings, fish kills, or citizen complaints
nor have the requirements been
expanded to include a general question
on other pollutants
Since the initial proposal, questions
have arisen regarding interpretation of
one aspect of the Agency's permit-as-a-
shield policy, specifically, applicability
of the permit shield to discharges from
outfalls identified in the permit
application, but not identified or
discussed in the permit. Because today's
rule requires in the application specific
identification of outfalls, including
outfalls within the collection system
(upstream from the POTW treatment
plant), the Agency provides clarification
and explicit notice to affected parties of
Its interpretation of the permit shield, as
explained below. This interpretation
further clarifies the Agency's April 11,
1995, policy memorandum addressing
the shield.
EPA believes that the protection
afforded by the permit-as-a-shield
provision does not apply to discharges
from outfalls or other locations not
identified in the permit. EPA believes
this interpretation best effectuates the
requirements of CWA section 301,
which specifies pollutant control
standards applicable to discharges. EPA
believes that a permit applicant may
reasonably expect a permit "shield"
when the permitting authority applies
its technical expertise to derive permit
conditions and effluent limitations
based on a permit application that fully
discloses the nature of the effluent to be
discharged. Permittees cannot, however,
reasonably expect a permit "shield" for
discharges from outfalls identified in a
permit application, but not specifically
authorized in a permit. There needs to
be some explicit acknowledgment by
the permitting authority that discharge
from that specific outfall is permissible.
Such a discharge would be subject to
the technology-based and water quality-
based requirements of the CWA. This is
distinguished from the Agency's
approach for pollutants identified in the
application but not limited in the permit
because here it is clear that the
permitting authority, by choosing at
least one pollutant to measure or limit,
chose not to establish limits for other
pollutants.
This aspect of the Agency's permit-as-
a-shield policy is particularly relevant
for "emergency" or "accidental"
discharges from locations within
municipal sewage collection systems
not identified in the permit which
would not automatically receive the
protection of the permit-as-a-shield
provision. Rather, the legal status of
these discharges is specifically related
to the permit language and the
circumstances under which the
discharge occurs. The Agency notes that
NPDES permit regulations do provide
limited relief under the bypass and
upset provisions of 40 CFR 122.44 (m)
and (n), respectively, for such
discharges. The Agency is currently
developing guidance that would clarify
the applicability of the bypass and upset
provisions to such discharges.
2. Basic Application Information
The December 1995 proposal would
have required all POTW applicants to
provide the information requested in
§ 122.21(j)(l) and the 18 questions in the
Basic Application Information part of
Form 2A. Many commenters suggested
that the requirements were not
appropriate for smaller facilities and
would require these smaller facilities to
collect data that might not be utilized in
the permitting process. Based on these
comments. EPA has restructured the
application requirements and Form 2A
questions to request less information
from smaller facilities. EPA believes the
requirements that remain in today's rule
will result in the collection of the
minimum information a permitting
authority needs to issue a permit
meeting CWA requirements.
In today's final rule, the basic
application requirements in proposed
§ 122.21 (j)(l) have been divided into
two sections. Section 122.21(j)(l)
contains the requirements for all
applicants and requests very limited
facility and process information, and
122.21(j)(2) contains additional
questions and limited monitoring
information. EPA carefally examined
the proposed requirements for all
facilities and, in conjunction with the
comments received, determined the
final rule requirements found in
§ 122.21 (j) (1) for very small facilities.
Many commenters stated that very small
facilities would be able to provide basic
information, such as location, discharge
methods, and type of treatment.
Additional information, such as inflow
and infiltration, topographic maps, and
process flow diagrams may be more
difficult to provide because these
facilities lack the resources to provide
this information. EPA evaluated each
application requirement to determine
the impact on the application and
permitting process. As discussed earlier
in this rulemaking, EPA determined that
facilities discharging less than 0.1 mgd
account for only 0.4% of the total flow
from all POTWs. Additionally, these
small facilities are often "package"
systems receiving mainly residential
sewage discharges. The basic nature of
these facilities and their small impact in
terms of flow on receiving waters,
supported the decision to reduce the
application requirements. The
information requested in § 122.21(j)(l) is
the minimum information a permit
writer needs to write a permit that
complies with the CWA.
Many paragraphs from proposed
§ 122.2 l(j)(l) have been renumbered in
today's final rule. The addition of
§ 122.21 Q)(2) to the proposed rule also
causes the other paragraphs of
§ 122.21Q) to be renumbered, e.g.,
proposed § 122.21(j)(2) is § 122.21(j)(3)
in today's final rule.
Section 122.21(j)(l)(i) requests
treatment plant identification
information. Section 122.21(j)(l)(ii)
requests information about the permit
applicant which may describe the
owner or operator of the facility and not
the facility itself. No comments were
received on either of these sections, and
they are unchanged from the proposed
rule.
Section 122.21(j)(l)(iii) asks the
applicant to provide permit numbers of
any existing environmental permits that
have been issued to the facility. One
commenter requested clarification of the
scope of this requirement because it was
unclear in the proposal whether the
applicant should provide information
on all permits at the facility. The
purpose of the requirement is to obtain
information on permits related to the
treatment plant operation and
maintenance. EPA intended to include
only environmental permits related to
the permittee's treatment plant or
collection system operations, e.g., under
RCRA, UIC, CAA, etc. EPA does not
seek information regarding permits
under OSHA, general construction, or
other permits that do not implement
federal environmental laws. The
requirement remains in the final rule.
Section 122.21(j)(l)(iv) requires the
applicant to list the municipalities and
populations served by the POTW. The
POTW may serve several areas in
addition to the municipal jurisdiction in
which the POTW is located. Systems
which discharge into a larger POTW are
also known as satellite collection
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systems. This section asks the POTW to
provide information on the satellite
collection systems served. If known, the
POTW would indicate the type of
collection system used by the satellite
municipalities and whether the
municipality owns or maintains any
part of the collection system.
The permit writer needs to know what
areas are served and the actual
population served in order to calculate
the potential domestic sewage loading
to the treatment plant. The information
on the community served by the NPDES
permittee is also useful for providing
notice and public comment for permit
reissuance and for public education.
One commenter requested clarification
of the term "population served." By this
term, EPA means the number of users of
the system. EPA has expanded this
requirement from the proposal in order
to obtain a more complete picture of the
area served by the POTW. The
additional information on the satellite
systems will be used by the permit.
writer to identify areas where there is a
potential for unpermitted discharges in
the collection system prior to the
treatment plant. The identified areas
may necessitate further investigation.
Section 122.210)(l)(v) requires the
applicant to report whether the POTW
is located in Indian country or
discharges to a receiving water that
flows through Indian country. This
information enables the permit writer to
identify the proper permitting authority
and applicable requirements, including
applicable water quality standards.
Today's action also incorporates the
definition of "Indian country" found at
18 U.S.C. section 1151. The term
"Indian country" encompasses more
area than the term "Federal Indian
Reservation," which was the term
originally proposed. For the purposes of
determining the proper permitting
authority, the term "Indian country" is
more appropriate because, even in
States authorized to administer the
NPDES program, EPA is generally the
proper permitting authority in "Indian
country" unless a Tribe is authorized to
administer the program.
EPA received one comment on the
information requirement regarding
location relative to Federal Indian
Reservations. The commenter felt that it
might be difficult for new permittees to
obtain information on discharges that
might eventually flow through a Federal
Indian Reservation. Readily available
maps such as topographic and road
maps often identify Federal Indian
Reservations and other areas of Indian
country, so in many cases a permittee
should be able to easily obtain this
information. Remaining questions
should be directed to EPA Regional
offices. The requirement is renumbered
from proposed § 122.21(j)(l)(xii) to
Section 122.21(j)(l)(vi) requires the
applicant to report the facility's design
flow rate, annual average daily flow
rate, and maximum daily inflow rate for
each of the past three years. This
' information enables the permitting
authority to calculate limits appropriate
to the POTW, to alert the permitting
authority to the need for special permit
conditions or facility expansion, and to
compare design and actual flows. Two
commenters suggested this information
is available from the facility's discharge
monitoring reports (DMRs). EPA
disagrees that this information is
universally reported in all POTW DMRs
but, as discussed previously, the
permitting authority may waive
submission of information already
available to it or the applicant can
reference the DMR if it contains the
required information. This requirement
remains unchanged from the proposal
but it is renumbered from proposed
§ 122.21(j)(l)(v) to § 122.21(j)(l)(vi).
Section 122.21(j)(l)(vii) requires
information on the type of sewer
collection system used by the facility.
The applicant must identify whether the
collection system is a separate sanitary
sewer system or a combined sewer
system (conveying both storm water and
sanitary wastes). The applicant must
also estimate the percent of sewer line
that each type comprises. Knowledge of
the type of collection system enables the
permit writer to determine whether the
permit should include requirements
based on the provisions of the 1994 CSO
Control Policy (59 FR 18688). The
current application form. Standard
Form A, requests that the applicant
provide the length ef the collection
system. Today's rule does not include
this requirement because EPA does not
believe that such information is useful
to the permit writer. As noted
previously, however, the application
requirements do require identification
of known outfalls and information about
flow contributions from satellite
municipalities. The latter information
will be useful to identify areas within
the collection system that would be
particularly vulnerable to excessive
flows. No comments were received on
this section, and it is unchanged from
the proposal but is renumbered from
proposed § 122.21(j)(l)(vi) to
Section 122.21(j)(l)(viii) requires
general information regarding the
disposition of treated wastes, whether
discharged to waters of the United
States, as well as to other destinations.
This information enables the permit
writer to account for all wastewater that
enters the POTW plant, regardless of
whether or not it is discharged directly
to waters of the United States. From a
watershed permitting standpoint,
permitting authorities may use this
information to identify: flows to surface
impoundments; land application sites;
underground injection; and flows that
individually or collectively may have an
impact on the watershed, whether or not
they are discharged directly into waters
of the U.S.
Section 122.21(j)(l)(viii)(A) of today's
final rule has been modified slightly to
clarify that information must be
submitted about all types of outfalls
throughout the sewer collection system
as well as the POTW plant, including
treated effluent, bypasses, CSOs, and
constructed "emergency" outfalls
within a separate sanitary sewer system.
If any effluent is discharged to a
surface impoundment that is designed
to avoid discharges to waters of the U.S.,
the applicant must report the location of
each such surface impoundment, the
annual average daily volume discharged
to such surface impoundment (s), and
whether the discharge is continuous or
intermittent. If effluent is applied to the
land, the applicant must provide the site
location, the site size, and the average
daily volume of effluent applied. The
applicant must also state whether land
application is continuous or
intermittent. This information alerts the
permit writer to the potential for point
source discharges to arise from land
application sites under exceptional
circumstances, such as cold weather or
high volume discharges, or from
overflowing surface impoundments.
Section 122.21(j)(l)(viii)(D) requires
the applicant to report whether
wastewater is discharged to another
treatment plant, the means by which the
wastewater is transported, the average
daily flow rate to that other facility, and
information identifying the receiving
facility. The applicant must also
identify the person (owner or operator)
transporting the discharge, if other than
the applicant. The permit writer needs
this information in order to track the
wastewater and verify the transfer. One
commenter questioned the need for this
requirement due to the infrequent
transfer of discharges among treatment
works. Informal stakeholder comments
indicate that this is a common practice
at many POTWs, and EPA retains this
requirement in today's rule.
Section 122.21 (j)(l)(viii) also requires
information on other types of disposal,
such as underground percolation or
injection, in paragraph (E). These types
of disposal practices may result in the
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transfer of pollutants to waters of the
United States through underground
flows and thus are of interest both to the
permit writer in writing a watershed-
based permit and to the permitting
authority in designing watershed
protection strategies. Section
122.21(J)(l)(viii) remains unchanged
from the proposal but is renumbered
from proposed § 122.21(j)(l)(xi) to
3. Additional Information for
Applicants With a Design Flow Greater
Than or Equal to 0.1 mgd
Section 1 22.21 (j) (2) contains
additional requirements for applicants
with a design flow greater than or equal
to 0.1 mgd. EPA believes these
requirements are necessary to account
for the more complex nature of these
more sophisticated facilities.
Section 122.21(j)(2)(i) requires
information on estimated amount of
inflow and infiltration (I&I) and steps
taken and proposed to minimize it.
Inflow is water other than sewage water
that enters a sewerage system from
sources such as roof leaders, cellar
drains, yard drains, area drains.
foundation drains, drains from springs
and swampy areas, manhole covers,
cross connections between storm sewers
and sanitary sewers, catch basins,
cooling towers, surface runoff, street
wash waters, or drainage. Infiltration is
water other than waste water that enters
a sewerage system (including sewer
service connections) from the ground
through such means as defective pipes,
pipe joints, connections, or manholes.
These definitions are found at 40 CFR
35.2005.
Sixteen comments were received on
this requirement, with most commenters
wishing to have the requirement
deleted. The commenters felt this
information is difficult to quantify and
could be overly burdensome for the
permittee to obtain. This requirement
has been eliminated for facilities under
0. 1 mgd. However, for larger facilities
EPA disagrees with this position. EPA
does not expect facilities to complete
extensive studies to provide the amount
of I&I but rather to provide a best
estimate based on average wet and dry
weather flows. This estimate is used by
the permit writer to determine if special
conditions, such as I&I control
programs, are necessary to reduce the
unintended flow beyond the design
capacity of the collection system or
treatment capacity of the POTW plant.
The information also helps identify
portions of the collection system with
potential for overflow or unplanned,
untreated discharges. EPA understands
that most facilities will have some
amount of I&I entering their collection
system and thus treatment plants. The
Agency does not envision that every
POTW will need special permit
conditions to control I&I, for example,
in cases where I&I is not excessive. The
requirement applies only to facilities
with a design flow equal to or greater
than 0.1 mgd and has been renumbered
from §122.2l(j)(l)(vii) to
§122.21Q)(2)(i).
Section 122.21(j)(2)(ii) requires the
applicant to provide a topographic map
(or other map if topographic map is
unavailable) extending at least one mile
from the boundaries of the plant, and
including information on the layout of
the treatment plant and all unit
processes; intake and discharge
structures; wells, springs, and other
surface water bodies in the vicinity;
sewage sludge management facilities;
and the location(s) at which hazardous
waste enters the treatment plant by
truck, rail, or dedicated pipe.
Several commenters questioned the
elements of the topographic map
requirement stating that a topographic
map containing this much information
may be difficult to read. The contents of
the map are necessary for the permit
writer to understand the geography of
the collection system and treatment
facility and the potential for various
water quality impacts due to the
location of the treatment plant, the
outfalls, and other structures and pipes.
A topographic map helps the permitting
authority identify nearby discharge
sources or sensitive areas which may be
necessary for a watershed-based
approach to permitting. The map must
include the major process units and
primary structures that carry the
wastewater to and from the plant. The
permittee may provide another map if
the topographic map is unavailable.
Permittees may also provide a copy of
an original topographic map. The
requirement applies only to facilities
with a design flow equal to or greater
than 0.1 mgd and has been renumbered
from § 122.21(j)(l)(viii) to
§122.21(j) (2) (ii).
This requirement is similar to section
§ 122.21(q)(5) of this rule that requires a
topographic map for TWTDS. A facility
required to comply with both sets of
application requirements can use the
same map if the map if the maps cover
the same basic area.
Section 122.21(j)(2)(iii) requires the
applicant to submit a process flow
diagram or schematic, together with a
narrative description. The permit writer
uses this information to identify bypass
and other "emergency" outfall
structures and develop applicable
permit conditions. Of the commenters
on this requirement, half wished to keep
it and half wanted it deleted. One
commenter who wished to delete the
requirement believed a more simplified
schematic drawing should suffice. EPA
does not intend this requirement to be
complex. Instead, this drawing is meant
to be a simple drawing of the basic unit
processes with intake and discharge
points labeled, as well as the design
water flow identified for each
component process.
This diagram requirement has been
slightly modified to ask for information
about backup power and identification
of redundancy in the applicant's system
in order to consolidate information and
reduce the number of questions on the
application form. Information on
backup generators was included in the
bypass section of proposed Form 2A but
inadvertently left out of the proposed
rule language. EPA has added
information on backup generators to this
part of the final rule because the
separate bypass section (from the
proposed rule) has been eliminated.
Facilities under 0.1 mgd are not
required to submit a process flow
diagram. The requirement applies only
to facilities with a design flow greater
than or equal to 0.1 mgd and has been
renumbered from § 122.21(j)(l)(ix) to
§ I22.21Q)(2)(iii).
Proposed § 122.210)(l)(x) would have
required information about bypasses,
which are intentional diversions of
waste streams from any portion of the
treatment facility. The proposed rule
would have required information about
frequency, duration, and volume of
bypass incidents. The Agency removed
this from the final rule because it is
already required by the bypass
regulations at § 122.41(m). The bypass
regulations set forth clear reporting and
notification guidelines for each bypass
incident.
Section 122.210) (2) (iv) requires the •
applicant to provide information about
scheduled facility improvements.
Improvements to the facility may
change its flow or removal efficiency,
necessitating a permit modification. The
permit writer may modify the permit
when the improvement is complete, or
may include alternate limits in the
permit that would take effect upon
completion of the improvement.
Comments favored keeping the
information on facility improvements.
One commenter suggested that
submitting this type of information
would help keep different groups in the
same permitting agency informed of
anticipated treatment plant upgrades.
The requirement applies only to
facilities with a design flow equal to or
greater than 0.1 mgd and has been
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renumbered from § 122,21(j)(l)(xii) to
§122.210) (2) (iv).
The existing application form,
Standard Form A, requested certain
information about required
improvements including information on
dates for completion of the preliminary
plan, completion of the final plan,
awarding of a contract, and site
acquisition. Standard Form A also
required the applicant to identify the
authority imposing the improvement
and the general and specific action
; codes. The Agency has deleted this
requirement because permit writers
have indicated that this information is
unnecessary for writing the permit.
Several corhmenters specifically
endorsed removing this extra
information from the final application
requirements.
4. Information on Effluent Discharges
Proposed § 122.210) (2) has been
renumbered in today's rule as
§ 122.21(j)(3). This section requires all
POTWs that discharge effluent to waters
of the United States to provide specific
information for each outfall through
which effluent is discharged to surface
waters, excluding CSO outfalls and
constructed "emergency" outfalls. This
information will be reported in
questions 9, 10, and 11 of the Basic
Application Information part of Form
2A. The applicant is required to submit
specific information for each outfall.
Section 122.21(j)(3)(i) requires general
information about each outfall. The
applicant must specify the outfall
number, location, latitude and
longitude, distance from shore and
below surface, average daily flow,
information about seasonal or periodic
discharges, and information about
diffusers at the outfall. EPA enters the
latitude and longitude points into the
water quality data base STORET and
into the Permit Compliance System.
Maps of the location of water discharges
are developed to examine the
relationship between NPDES outfalls
and other areas of concern, such as
drinking water intake points or sensitive
ecosystems. This information is also
used to establish water quality-based
effluent limits appropriate for the
particular receiving water. The
locational data requested by this
question also supports the watershed
protection approach because it provides
State and Federal environmental
managers with information they need to
geographically locate discharge points.
Latitude and longitude must be
reported to the nearest second. This is
consistent with EPA's Locational Data
Policy, see "Locational Data Policy
Implementation Guidance, Guide to the
Policy (March 1992)." In accordance
with this Policy, all latitude/longitude
measurements in Agency data collection
should have accuracies of better than 25
meters (i.e., roughly one second). One
commenter disagreed with this
requirement, stating that many facilities
simply "guess" on this information so it
is not accurate. However, EPA believes
this information is vital to the permit
writer's locating each discharge point
All of § 122.21 (j) (3) (i) remains
unchanged from the proposal.
Section 122.2 l(j) (3) (ii) solicits
information that describes and identifies
the receiving waters into which each
outfall discharges. Information about the
type of receiving water is useful to the
permit writer because mixing zones and
wasteload allocations may be calculated
differently for different types of
receiving waters.
This provision also requests the name
of the watershed, the Soil Conservation
Service watershed code, the name of the
State management basin (if applicable),
and the United States Geological Survey
hydrologic code. This locational
information supports the Watershed
Protection Approach by providing
Federal and State environmental
managers with a means of locating
dischargers within the U.S. Soil
Conservation Service watershed
categorization system, a State's river
basin categorization system, and the
U.S. Geological Survey cataloging
scheme. Some States, as well as EPA
Regions, are implementing basin
management approaches to watershed
protection and will use the information
requested by this question to issue
permits on a watershed basis.
Several commenters disagreed with
this request for information, stating that
many facilities will not be able to
provide it with their applications. In
response, though EPA believes this is
important information for State and
regional authorities, this information
request is no longer mandatory. The
permit applicant needs to provide this
information only if known.
Section 122.210)(3)(iii)(A) requires
information on the level of treatment
expected for discharges from each
outfall. The CWA requires POTWs, with
some exceptions, to achieve pollutant
reductions to a level based upon
secondary treatment prior to discharge.
Secondary treatment is defined at 40
CFR 133.102 in terms of five-day
biochemical oxygen demand (BOD5),
total suspended solids (TSS), and pH.
Part 133 allows adjustments to the
secondary treatment requirements for
POTWs that meet certain criteria. In
addition, some POTWs are subject to
requirements for "treatment equivalent
to secondary treatment," as described in
Section 133.105. Finally, some POTWs
may need more advanced levels of
treatment to meet water quality-based
effluent limits for certain pollutants,
such as nitrogen and phosphorous.
This provision requires data on design
removal efficiencies for BOD5 and TSS.
Information on these parameters is
necessary for the permit writer to set
pollutant limits that accurately reflect
. the pollutant removal that the POTW
can achieve. It may also alert the
permitting authority to the need for
improvements to the treatment facility.
The only comment on this section stated
that this information may not be
appropriate for lagoon systems because
design removal efficiencies for BODs
and TSS are not readily available or
pertinent to these systems. EPA
disagrees with this commenter's
statement that basic design information
is not pertinent to lagoon systems. All
POTWs should have a design BOD5 and
TSS removal efficiency. The
requirement is not changed from the
proposal.
Section 122.210) (3) (iii)(B) requires
information on disinfection, which
commonly occurs through chlorination.
Many POTWs also dechlorinate their
effluent prior to discharge because
excessive free chlorine in a wastewater
discharge can cause aquatic toxicity in
the receiving water. No comments were
received on this section and it remains
as proposed.
5. Effluent Monitoring for Specific
Parameters
The purpose of § 122.210) and Form
2A is to provide the permit writer with
the minimum information necessary to
issue an NPDES permit that contains
effluent limitations and conditions
consistent with the requirements of the
CWA. EPA recognizes that the quality of
a POTW's effluent depends on several
factors, such as the number and type of
industrial users of the POTW, and that
not all POTWs need to report the same
information to ensure that NPDES
permits satisfy CWA requirements.
Hence, EPA proposed a tiered approach
to collect needed effluent monitoring
information.
In the December 1995 proposal, EPA
proposed to require all POTWs to report
effluent monitoring information for the
17 parameters listed at proposed 40 CFR
Part 122, Appendix], Table 1 ("Effluent
Parameters For All POTWs"). EPA
thought these parameters had a high
likelihood of occurrence in most POTW
effluents. EPA also proposed to require
additional reporting of pollutant-
specific data for POTWs with design
flows greater than or equal to 1.0 mgd,
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42446 Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations
POTWs that have or are required to have
pretreatment programs, and other
POTWs required to provide this
information to the permitting authority.
In general, the pollutants for which
additional data was proposed to be
required are those for which States have
established water quality standards
(other than dioxin, asbestos, and
"priority pollutant" pesticides). The
preamble to the December proposal
explained how EPA chose the pollutants
to be sampled.
One commenter disagreed with EPA's
approach of using data from a survey of
six States as a basis for nationwide
requirements. The commenter felt EPA
should be required to prove the
necessity of the rule based on valid
scientific research associated with risk
assessments that represent the majority
of POTWs as opposed to a limited
regional survey. EPA examined many
pollutant data options through the rule
development period. The Agency
considered numerous stakeholder
comments along with other information
and the pollutant scans to determine the
requirements in this final rule. EPA
determined what pollutant data was
necessary in the final rule to maintain
a balance between satisfactory
environmental protection and burden
on applicants. The pollutant
requirements in today's rule maintain
that balance by setting the minimum
data collection requirements necessary
to write environmentally valid permits.
Many commenters felt that the
requirement for minor POTWs, i.e.,
facilities with design flows less than 1.0
mgd, to provide the basic application
information in proposed Appendix J,
Table 1. was overly burdensome. Most
of the State cbmmenters felt that it
would be more appropriate to request
information from minor facilities on a
case-by-case basis as determined by the
permitting authority. EPA understands
the limited resource issue for minor
POTWs and in response has reduced the
application requirements for facilities
with a design flow of less than 0.1 mgd.
Section 122.2 l(j) (4) requires that data
be separately provided for each outfall
through which treated sanitary effluent
is discharged to waters of the United
States. EPA recognizes that a POTW's
effluent may have similar qualities at
more than one of its outfalls. EPA
proposed to allow applicants to provide
the effluent data from only one outfall
as representative of all such outfalls,
where there are two or more outfalls
with substantially identical effluents,
and with the specific approval of the
permitting authority. For outfalls to be
considered substantially identical, the
outfalls should, at a minimum, be
located at the same plant with flows
subject to the same level of treatment
and having passed through the same
types of treatment processes. Six
commenters supported allowing
information on substantially identical
outfalls to be submitted once at the
discretion of the Director. One
commenter wanted EPA to expand this
requirement to allow POTWs to
composite samples from outfalls in
close proximity that enter the same
receiving water but may not be
substantially identical. The commenter
stated that in such cases it is the
combined effect of the various effluents
that is important as far as the toxicity of
the receiving stream is concerned. The
commenter also believes that expanding
this requirement in the final rule could
substantially reduce the cost of
sampling and analysis for the POTW.
EPA agrees and § 122.21(j)(4)(i) of
today's final rule has been amended to
allow POTWs to combine effluent
discharges from one or more outfalls
that discharge into the same mixing
zone of a stream segment, upon
approval of the permitting authority.
In the proposal, EPA set forth
conditions for data acceptability that all
monitoring data submitted to the
permitting authority must meet. While
commenters agreed with the basis for
the conditions, several commenters
disagreed with individual requirements.
EPA had proposed all data submitted on
the application should be from three
scans collected within a 3-year period
preceding the permit application date.
Some commenters felt that the three
year constraint on the data would
require facilities to collect data
specifically for the application by
excluding data collected in the first two
years of the permit cycle. Several
commenters also disagreed with the
seasonal constraints placed on the data
in the proposed rule. EPA proposed the
three samples should span three
different calendar seasons. Three
commenters felt the seasonal constraints
might require a facility to resample
because available data was not obtained
during the required seasonal variation.
In response to these comments, EPA
has modified the proposed sampling
requirements to allow applicants to use
more of their existing monitoring data.
Today's rule extends the window for
sampling data to encompass the period
from permit issuance to the time of
subsequent application submittal in the
final rule, which is normally four and
one-half years, provided the data
represents the current facility
operations. In addition, EPA has
eliminated the requirement for sample
data to be a minimum of 4 months and
a maximum of 8 months apart. Instead,
EPA is requiring that the samples
represent typical daily discharges
occurring during the permit term and be
representative of seasonal variation in
the discharges. These requirements are
listed in § 122.21(j)(4)(vi) of today's rule.
Because applicants are allowed to
submit samples from a four and one-half
year period, § 122.21(j)(4)(vii) has also
been modified to require summarization
of all data from the previous four and
one-half years instead of the proposed
three years. As in the proposal, when a
pollutant is sampled on a monthly or
more frequent basis, only the most
recent year's worth of data need be
summarized for that pollutant.
One commenter felt three data scans
mziy be excessive, especially for smaller
facilities. The smallest facilities are only
required to monitor for six pollutant
parameters which many POTWs sample
on a regular basis. Because facilities can
use-existing data, EPA believes three
samples over four and one-half years is
easily obtainable for all POTWs.
A few commenters were concerned
with the requirements in proposed
§ 122.21(j)(3)(vii) and the accompanying
preamble language that required
including all data in the submitted data
summaries. They believed that data
collected during pilot studies or for
system process control should not be
required to be included in data
summaries. EPA understands that
facility operators may wish to collect
samples in the influent or throughout
the system in order to determine if they
are operating properly or returning to
proper operations after correcting
problems. The introductory language of
§ 122.210)(4) (i) states that the
information required is "effluent
monitoring information for samples
taken from each outfall * * *"
Therefore, this does not include
information from samples collected in
process (prior to discharge). EPA does
not: intend to require "check samples"
or samples collected during pilot
studies to be included with other
routine samples.
One commenter asked for clarification
as to whether applicants were required
to submit all sample data or just
summaries. The rule language in
§ 122.21(j)(4)(vii) has been modified to
clarify that only the data summaries
need be included. NPDES permitting
authorities that want to review all the
individual data reports are free to
request them, either from all applicants
or on a case-by-case basis.
Proposed §122.2 l(j) (3) (viii) contained
sample testing requirements.
Commenters stated that time-
proportional composite samples should
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Federal Register/Vol. 64, No. 149/Wednesday. August 4, 1999/Rules and Regulations 42447
be allowed as an alternative to flow-
weighted composite samples because
flow proportional samples are not
feasible in every situation. They also
questioned a preamble statement that
suggested that 4 grab samples be
summarized for each day of sample
collection because they felt 4 samples
per day per parameter could be overly
burdensome. EPA agrees with these
comments and has modified the
language of § 122.21 (j) (4)(viii) to allow
time-proportional sampling. Because the
grab sample language is provided as
guidance, and not part of the proposed
rule, no rule language change was
necessary.
One of the requirements of proposed
§ 122.21(j)(3)(ix) was to report the
designated method endpoint for the
analytical method used. This section
also required applicants to submit
pollutant data based upon actual sample
values. The proposal explained that
even where test values are below the
detection or quantification level of the
method used, the actual data value
should be reported, rather than
reporting "non-detect" or zero. EPA
would require the endpoint of the
method to be reported along with the
actual sample results so that the
permitting authority could determine if
the data is in the "non-detect" range or
merely in the "below quantification"
range.
Most of the comments received on
this issue disagreed with the
requirement to submit actual data
values when results are below the
detection level. These commenters
believe that data that is below the
sampling method's level of detection is
not valid or meaningful data. Two State
commenters supported reporting data
even if it is below detection level. EPA
believes that the maximum measured
data value required by
§ 122.21(j)(4)(ix)(A) should be reported
if it is above the method detection limit.
Data values that fall below the
quantification level of a test method
should be reported as the actual sample
value. If the maximum value reported
for a pollutant is below a detection limit
for the sampling method, the permittee
should report non-detect. Reporting the
method end point will notify the permit
writer to look more closely at maximum
values that are below the quantification
level of the test performed.
EPA agrees with commenters that
actual sample values below the method
detection level or non-detect values
should not necessarily be used in
computing the averages required by
§ 122.21(j)(4)(ix)(B). There are many
different ways of averaging numbers
that are below detection or
quantification limits. In today's final
rule, which is about permit application
requirements, not permit limit
development requirements, EPA does
not require a specific averaging method.
Applicants can use any statistically
credible approach as long as the method
is explained with the results and the
permitting authority agrees. Permitting
authorities may require a specific
method to be used.
EPA has provided guidance to the
applicant in the Form 2A instructions in
order to minimize the conditions that
lead to inaccurate sampling data. EPA
believes that the permit applicant
should: (1) alert its laboratory to the
analytical and detection limit
requirements and the expectations for
documentation; and (2) report the
necessary documentation to ensure that
the permit writer is fully informed as to
the methods used and the results
obtained. For more detailed information
concerning analytical issues (acceptable
methods, effluent-specific detection
limits, and documentation of data and
analytical problems), applicants should
refer to the "Guidance on Evaluation,
Resolution, and Documentation of
Analytical Problems Associated with
Compliance Monitoring", EPA 821-B-
93-001. June 1993.
a. Pollutant Data Requirements for All
POTWs. As mentioned earlier, EPA has
modified the proposed rule to limit the
reporting burden for very small (<0.1
mgd) POTWs without significant
industrial contributions. These facilities
are required to submit effluent
monitoring data for only 6 parameters:
biochemical oxygen demand (BOD5 or
CBOD5), total suspended solids (TSS),
fecal coliform, pH, temperature, and
flow. These parameters are listed in
Appendix], Table 1A. EPA selected
them based on the secondary treatment
regulations at 40 CFR Part 133, which
describe the minimum level of effluent
quality that POTWs must attain in terms
of BODS, TSS, and pH. Control of BOD5
or CBODs is necessary to ensure
sufficient dissolved oxygen in the
receiving water to protect aquatic life.
High TSS levels in the effluent block
light in the receiving water and inhibit
photosynthesis. TSS limits also help
prevent solids accumulations that can
lead to sediment oxygen demand and
other sediment related problems. Permit
writers use information on all of the
parameters listed above to set
appropriate water quality-based limits
for permit applicants. When POTWs
have been allowed to substitute
chemical oxygen demand (COD) or total
organic carbon (TOC) for BOD5, in
accordance with 40 CFR 133.104,
applicants must report the substituted
parameter.
b. Pollutant Data Requirements for
POTWs with Design Flows Greater Than
or Equal to 0.1 mgd. Facilities that have
a design flow greater than or equal to 0.1
mgd are required by § 122.21(j)(4)(iii) to
provide additional data on the
parameters listed at Appendix J, Table
1. These parameters are oil and grease,
total residual chlorine (TRC), Kjeldahl
nitrogen (total organic as N), total
dissolved solids, total phosphorus,
dissolved oxygen, ammonia (as N), and
nitrate/nitrite (as N).
EPA originally proposed a pollutant
scan list that would have included E.
coli, enterococci and hardness. Many
commenters felt that EPA was
premature in proposing requirements
for E. coliand enterococci to be used as
bacterial indicators because EPA had
not approved methods to measure for
these parameters in POTW effluent. The
Agency has, however, developed and
recommended water quality criteria for
these pollutants. Today's rule does not
require analysis for these two
pollutants. The Agency notes, however,
that pending legislation may direct the
Agency to re-evaluate this decision
through future rulemaking.
The Beaches Environmental
Awareness. Cleanup, and Health Act of
1999, H.R. 999, 106th Cong., 1st Sess.
(1999), recently passed in the House of
Representatives, is designed to protect
coastal recreation waters and beach
users from pathogens and beach debris.
The legislation would apply to coastal
recreational waters, defined as the Great
Lakes and marine coastal waters,
including estuaries, used by the public
for swimming, bathing, surfing, or other
similar water contact activities. Section
2 of the legislation would require States
to develop revised recommended water
quality criteria for E. coliand
enterococcus for coastal recreation
waters. Section 3 would also require
EPA to develop new water quality
criteria guidance for other pathogen
indicators, which States would be
required to adopt thereafter. Regardless
of whether the legislation is ultimately
enacted, EPA intends to propose
methods soon to measure for both E. coli
and enterococci in POTW effluent. Until
the Agency approves and promulgates
new methods and modifications to the
permit application requirements,
however, today's permit application
rule will continue to use fecal coliform
as the pathogen indicator for
wastewater.
Three commenters felt that hardness
data should be deleted from the general
POTW requirements because hardness
data are typically used to establish
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42448 Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations
metals limitations in the effluent. If the
POTW is not required to test for metals,
the hardness data is of limited value on
the application. Based on these
comments. EPA has moved the hardness
requirement to § 122.21(j)(4)(iv) which
requires reporting of additional
pollutants, including metals, by some
POTWs.
In the proposal, EPA also solicited
comment on the need to require
chlorine data from POTWs that do not
use chlorination for disinfection and do
not otherwise use chlorine in their
treatment process. Most commenters felt
that chlorine data should not be
required from such facilities because
facilities would have no reasonable
potential to discharge chlorine. EPA
agrees with the commenters and has
created an exemption from the chlorine
testing requirement at § 122.21 (j) (4) (iii)
for facilities that do not use chlorine for
disinfection, do not use chlorine
elsewhere in the treatment process, and
have no reasonable potential to
discharge chlorine in their effluent.
EPA received various other comments
on all the remaining parameters. Some
commenters questioned the testing
requirement for oil and grease because
facilities employing secondary
treatment do not discharge significant
quantities of the kinds of materials
which would be measured with this
parameter. EPA disagrees, and believes
that many POTWS have the potential to
discharge oil and grease, which may be
significant even in very low quantities.
Concentrations of oil and grease
sufficient to create a sheen on the
receiving water not only affect aesthetic
qualities of these waters, but may also
reduce the re-aeration rate of the
receiving waters, potentially
contributing to the dissolved oxygen sag
problem. Oil and grease may also
indicate the presence of other high
molecular weight organic pollutants of
concern because oil and grease are often
discharged with or as a sink for such
pollutants. For these reasons EPA is
maintaining the oil and grease
requirement for facilities with a design
flow greater than or equal to 0.1 mgd.
EPA received comments to delete
each of the following parameters:
ammonia; total nitrate plus nitrite;
Kjeldahl nitrogen: and total phosphate.
Ammonia, which is common in nearly
all sanitary sewage, is highly toxic to
aquatic life and studies indicate
frequent adverse effects from this
compound in receiving waters. The
commenter questioning ammonia
testing suggested that testing should
only be required at facilities which have
ammonia limits in their permits. EPA
disagrees. Without testing for ammonia
in effluents, permit writers may lack the
information to determine whether
ammonia limits are necessary in the first
place. In addition, many State water
quality standards regulate ammonia due
to its toxiciry, thus making testing
necessary to assure compliance with
such standards.
EPA proposed three additional
parameters, nitrate plus nitrite, Kjeldahl
nitrogen and phosphorus, because they
are prevalent in most POTW effluents
and because of their potential for
adverse impacts on receiving waters.
Nitrogen and phosphorus are often
"limiting" nutrients, which cause
oxygen depletion in marine and fresh
water systems, respectively. Excessive
loadings of nitrogen (discharged as
ammonia, nitrate, nitrite, and organic
nitrogen) and phosphorus (discharged
as phosphate) can stimulate algae
growth, interfering with shoreline
aesthetics and recreational uses. In
addition, decaying algae can reduce
dissolved oxygen concentrations, thus
impairing the aquatic environment. One
commenter felt the phosphorus testing
should only be required for discharges
into impounded lakes or reservoirs
where phosphorus build up could result
in a serious algal bloom. EPA disagrees
with any such limitation because
phosphorus is likely to be found in most
POTW discharges and causes
demonstrated problems in other types of
water bodies, including estuaries (e.g.
Chesapeake Bay) and in large rivers (e.g.
Mississippi River). Therefore, testing for
phosphorus and nitrate/nitrite and
Kjeldahl nitrogen remain in the final
rule.
EPA received no comments on the
remaining two parameters, total
dissolved solids and dissolved oxygen,
and those parameters remain in
Appendix J. Table 1 of today's rule.
In the proposal, EPA requested
comment on the deletion of six
parameters on Standard Form A.
Commenters agreed that the six
parameters, chemical oxygen demand,
fecal streptococci, settleable matter,
total coliform bacteria, total organic
carbon, and total solids were no longer
relevant or useful parameters for
evaluation of POTW discharges. These
parameters do not appear in the
§ 122.21Q) requirements.
In addition to the six parameters
discussed above, Standard Form A
required that POTWs indicate the
presence of (but not provide
quantitative data for) certain pollutants.
These pollutants included metals, as
well as other toxics and non-
conventional pollutants. As proposed,
certain POTWs would need to monitor
and indicate the presence of the
"priority pollutants" from that list. The
requirements for these pollutants are
discussed in the following section of
this preamble.
Several commenters supported the
proposed deletion of the other
remaining parameters, which are not
included in today's final rule. In the
proposal, EPA asked for comment on
requiring testing for sulfide, sulfate,
aluminum, barium, and fluoride. All of
the comments on these parameters
supported EPA's proposal to not require
testing for these parameters. Therefore,
the final rule does not require such
testing.
c. Additional Pollutant Data
Requirements for Some POTWs. Section
122.21Q)(4)(iv) requires the testing of
the additional parameters listed in
Appendix J, Table 2, by certain POTWs
specified below. EPA believes the
specified POTWs are most likely to
discharge such pollutants to receiving
waters. The Table 2 pollutants are toxic
and may interfere with POTW
performance or pass through the POTW
to receiving waters without treatment,
thus causing adverse water quality
impacts. As stated earlier, the Agency
added hardness to the Table 2 list
because permit writers use hardness
data in conjunction with metals data to
determine the need for and to derive
water quality based effluent limits for
metals.
Certain POTWs discharge toxic
organic and inorganic pollutants
primarily as a result of contributions
from non-domestic sources. Section
122.21(j)(4)(iv) of today's rule requires
the applicant to submit monitoring data
for the pollutants listed in Appendix J,
Table 2, if the POTW meets any one of
the following criteria: (1) the POTW has
a design flow rate equal to or greater
than 1.0 mgd; (2) the POTW has a
pretreatment program or is required to
have one under 40 CFR Part 403; or (3)
the POTW is otherwise required to
submit this data by the permitting
authority.
Two commenters felt that the
designation of all facilities required to
have pretreatment programs is overly
burdensome for smaller facilities that
are required to have pretreatment
programs. The pretreatment regulations
at 40 CFR 403.8 set forth the criteria for
which POTWs must establish
pretreatment programs. EPA believes
that all POTWs with pretreatment
programs have the potential to discharge
Table 2 pollutants, regardless of size.
In addition to POTWs with design
flows greater than or equal to 1.0 mgd
and POTWs with pretreatment
programs, the rule preserves the
discretion of the permitting authority to
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require any other POTW to submit
monitoring data for some or all of the
pollutants listed in Appendix J, Table 2.
EPA recommends that the permitting
authority require an applicant to
perform a complete or partial pollutant
scan if toxicity is known or suspected in
a POTW's effluent. In addition, if the
POTW's effluent causes adverse water
quality impacts or if the POTW
discharges to an already impaired
receiving water, the permit writer has
the discretion to require the applicant to
provide analytical results from a
complete pollutant scan. The permit
writer should also consider whether to
require the applicant to test for
individual parameters depending on the
numbers or kinds of industrial users
discharging to the POTW.
Numerous commenters provided
input on EPA's decision to require
testing of the pollutants listed on the
Appendix], Table 2 list..Many
commenters provided individual
preferences on which parameters they
felt should be required. EPA has
reviewed the comments carefully and
feels that testing for the complete list is
necessary for the development of
environmentally protective permits. A
few commenters noted cost as a factor
for deleting various organic parameters.
Upon review, EPA anticipates that most
laboratories will run the entire volatile
organics scan, acid-extractable scan or
base-neutral scan at one price with one
sample. Thus, deleting one or two
individual parameters will not reduce
cost to the permittee. In fact, the Agency
developed EPA Methods 624 and 625
(published at 40 CFR 136) so that these
two tests would cover most organic
priority pollutants.
In the December 1995 preamble, EPA
asked for comment on various other
approaches to collecting pollutant data.
The comments received did not support
the use of any of these other approaches.
6. Effluent Monitoring For Whole
Effluent Toxicity (WET)
Existing regulations require certain
POTWs to provide the results of whole
effluent biological toxicity testing as
part of their NPDES permit applications.
The proposal moved these requirements
to proposed § 122.21(j)(4) to require the
same POTWs to conduct WET tests and
to identify any biological tests the
applicant believed to have been
conducted within three years of the date
of application.
EPA received several comments on
the issue of POTWs providing data from
the last three years of the permitting
cycle. States tended to disagree with the
three year limitation because many
States require more frequent testing
during the first one or two years in the
permitting cycle, and a reduced amount
for the remaining years. Other
commenters disagreed with the three
year limitation because they have
already undergone several cycles of
WET testing and they are now on a
routine testing cycle such as annual
testing. These permittees do not wish to
perform testing for application purposes
only. EPA proposed the three year
limitation because some of the available
WET testing information was not
conducted in accordance with the
nationally-approved test procedures in
40 CFR Part 136 that became effective
on November 15, 1995 (60 FR 53529).
EPA agrees that facilities who perform
routine WET testing, and have
historically shown compliance, should
not be required to perform testing for
the permit reapplication.
EPA studied several possible
scenarios for testing and has determined
that it is important for facilities to
provide the current WET data available
in order for permit writers to set
appropriate permit conditions. The most
useful data is quarterly data collected
within the year prior to the application
form. This data provides the most useful
and relevant characterization of the
applicant's discharge at the time of the
application. The Agency does
understand that many facilities
currently perform WET testing on a
routine basis and may have a history of
no toxicity. For these facilities, the
Agency understands that collecting
quarterly data for one year prior to the
application may be unnecessary.
Today's rule allows facilities who have
performed WET analyses at least
annually in the five year period prior to
the application to submit that data on
the application in lieu of collecting new
data for the application. EPA presumes
the validity of such data provided it
shows no appreciable toxicity using a
safety factor determined by the
permitting authority. The data must also
have been conducted in accordance
with approved Part 136 methods.
EPA solicited comment on whether
the requirement to conduct WET testing
should be extended to other POTWs.
EPA received several responses all
recommending that the requirement
should not be expanded. The
commenters felt the permitting
authority was in the best position to
require WET testing from additional
facilities on a case-by-case basis. EPA
agrees; therefore, today's rule does not
expand the WET requirement to other
facilities.
Section 122.21(j)(5)(iii) allows the
POTW applicant to provide the results
of WET testing from only one outfall as
representative of all outfalls where the
POTW has two or more outfalls with
substantially identical effluents
discharging to the same receiving stream
and where the permitting authority
provides specific approval. For outfalls
to be considered substantially identical,
the outfalls should, at a minimum, be
located at the same treatment plant with
flows subject to the same level of
treatment and having passed through
the same types of treatment processes.
This section has been modified in the
same manner as § 122.21 (j)(4)(i) to
include a provision to allow an
applicant to submit a composite sample
in lieu of individual samples for
discharges from one or more outfalls
that discharge into the same mixing
zone if approved by the permitting
authority.
Existing WET testing requirements
did not specify the number or frequency
of tests required, the number of species
to be used, or whether to provide the
results of acute or chronic toxicity tests.
Therefore the December 1995 proposal
set minimum reporting requirements of
four quarterly tests for a year, required
multiple species (no less than two
taxonomic groups, e.g., fish,
invertebrate, plant), and specified
testing for acute or chronic toxicity
depending on the range of receiving
water dilution.
Many commenters stated that
permitting authorities often establish a
permit reporting frequency that may
change throughout the permit life based
on the results. In setting a minimum
permit application frequency of
quarterly testing for a year, EPA
indicated the frequency interval was
necessary to adequately assess the
effluent variability of toxicity observed
over the course of the year. EPA
understands that many permitting
authorities commonly only require one
cycle of quarterly testing at some time
during the permit cycle. Most of the
commenters agreed that four quarterly
samples was an appropriate test size;
they disagreed on the three year
limitation of the data. One commenter,
a permitting authority, stated that EPA
should define the minimum data set
size and let the NPDES permitting
authority define acceptability of data
based on when the data was generated.
EPA agrees with this recommendation
and has expanded the three year
requirement for data to the most current
permitting cycle in this final rule. EPA
did not, however, change the
requirement for four quarterly tests.
The existing whole effluent toxicity
testing requirements do not specify
whether applicants should test for acute
or chronic toxicity. An acute toxicity
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42450 Federal Register/Vol. 64. No. 149/Wednesday, August 4, 1999/Rules and Regulations
test typically measures the lethality of
the test sample to test organisms over a
period of 96 hours or less. A chronic
toxictty test measures effects over longer
time periods and measures sublethal
effects, such as fertilization, growth, and
reproduction, in addition to lethality.
See Technical Support Document for
Water Quality-Based Toxics Control
(1991) (TSD) p. 4.
In the December 1995 proposal, EPA
recommended that testing for acute or
chronic toxicity be based upon the ratio
of receiving water to effluent at the edge
of the mixing zone as recommended in
the TSD. Many commenters felt this
determination should be left to the
permitting authority because permit
writers are more qualified than permit
applicants to assess the discharge and
its impacts on the receiving stream. In
the final rule, EPA has not specified
whether permit applicants must
measure for either acute or chronic
toxicity based on the ratio of receiving
water to effluent though the Agency still
maintains that the recommendation is
reasonable based on the discussion in
the TSD. Permit applicants should
consult with the permitting authority to
determine applicable testing
requirements. Permitting authorities
retain discretion to require testing for
either acute or chronic toxicity. In
jurisdictions where EPA administers the
NPDES program, the Agency expects
EPA Regions to follow the guidance in
the TSD.
Section 122.21 (j)(5)(ix) now requires
that an applicant provide any
information it may have on the cause of
any toxicity. Further, applicants must
provide written details of any toxicity
reduction evaluation conducted.
Toxicity reduction evaluations (TREs)
are used to investigate the causes and
sources of toxicity and identify the
effectiveness of corrective actions to
reduce it. The permitting authority may
require a permittee to conduct a TRE in
those, cases where the discharger is
unable to adequately explain and
immediately correct non-compliance
with a whole effluent toxicity permit
limit or otherwise reduce the toxicity to
a level below a "trigger" for the TRE.
7. Industrial Discharges
Today's rule requires certain
applicants to provide certain
information about industrial users. The
proposed rule would have required the
applicant to list the total number of
categorical industrial users (CIUs) and
other significant industrial users (SIUs)
discharging to the POTW, to estimate
the average daily How from these users
and from all industrial users, and to
estimate the percent of total influent
contributed by each class of users.
Today's rule reduces the scope of
required information from the proposal.
A categorical industrial user is any
discharger subject to categorical
pretreatment standards under 40 CFR
403.6 and 40 CFR Chapter I, Subchapter
N. "Significant industrial user" is
defined at 40 CFR 403.3(t) as any
categorical industrial user and any other
industrial user that: (1) Discharges an
average of 25,000 gallons per day or
more of process wastewater to the
POTW (excluding sanitary, non-contact
cooling and boiler blowdown
wastewater); (2) contributes a process
wastestream which makes up 5 percent
or more of the average dry weather
hydraulic or organic capacity of the
POTW; or (3) is designated as such by
the Control Authority (40 CFR
403.12(a)) because of a reasonable
potential to adversely affect the POTW's
operation or violate pretreatment
requirements.
Several commenters stated that these
requirements would be overly
burdensome given the fact the term
"industrial user" (IU) includes any non-
domestic source regulated under
Section 307 (b), (c), or (d) of the CWA.
The commenters also questioned the
usefulness of the requirement to report
average daily flow from all Ills and to
estimate the percent of total influent
contributed by each class.
Section 122.21(j)(6)(i) of the final rule
has been modified from the proposal. It
does not require reporting of the total
SIU, CIU, and IU average daily flow and
the estimated percent of total influent
because this information can be difficult
to obtain and the permit writer may be
able to estimate this information from
other sources. Today's final rule now
only asks the applicant to list the total
number of CIUs and other SIUs
discharging to the POTW. EPA has not
modified the definition of "industrial
users" as some commenters suggested.
The definition includes commercial
sources of non-domestic wastewater
because these facilities have the
potential to adversely impact the
POTW's discharge in the same way as
other industrial discharge sources. This
comment is beyond the scope of the
proposal.
EPA proposed to require POTWs with
approved pretreatment programs to
describe any substantial modifications
to the POTW's pretreatment program
that had been submitted, but not yet
approved by the approval authority in
accordance with 40 CFR 403.18. EPA
has determined this requirement is not
necessary and the Agency has not
included it in the final rule. The
permitting authority should already be
aware of program modifications
submitted but not yet approved by the
approval authority so it is not necessary
for the applicant to resubmit this
information.
EPA proposed to require information
on individual SIUs discharging to
POTWs. Several commenters suggested
various deletions of the information
required on SIUs. EPA believes that
permit writers need this information to
determine if a facility should be
required to have a pretreatment program
arid to evaluate the SIUs and determine
if any are more appropriately
characterized as CIUs. Therefore,
today's rule retains these requirements
but renumbers them as § 122.21(j)(6)(ii).
EPA received several comments
questioning the difference between the
Standard Form A and proposed Form
2A requirements on principal products
and raw materials, and the need for
such information. Standard Form A
required the applicant to identify the
quantities of products and raw materials
while proposed Form 2A would only
have required a narrative description of
these products and raw materials. EPA
believes that the permit writer only
needs this narrative information if the
products or raw materials are present in
the SIU's discharge. Therefore, today's
final rule further modifies this provision
to require only information on products
or raw materials that may affect or
contribute to the SIU's discharge.
Today's ru}e deletes a requirement on
Standard Form A to characterize each
SIU's industrial discharge. In many
cases, the permit writer is able to
determine parameters of concern from
the principal products and raw
materials for that SIU. If necessary, the
permit writer may request this
information on a case-by-case basis.
Commenters supported this deletion.
In an attempt to reduce duplication of
effort, the proposal requested comment
on whether a POTW should be allowed
to reference substantially similar
information about SIUs previously
submitted to the permitting authority or
to waive SIU information reporting for
a POTW who operates an approved
pretreatment program and has
submitted an annual report containing
the required information within the year
preceding the application. All of the
comments received on this question
supported this provision for facilities
with approved pretreatment programs
who have filed annual reports.
Today's rule contains a new
§ 122.21(j)(6)(iii) that allows the Director
to waive requirements for reporting SIU
information for POTWs that submit
substantially similar information in an
annual report or with a pretreatment
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42451
program submittal. All referenced
information should also be incorporated
into the administrative record for the
permit application. This new provision
responds to comments that POTWs
provide much of this information on
previously submitted pretreatment
program reports.
8. Discharges From RCRA and CERCLA
Waste Sources
EPA proposed to require applicants to
provide general information concerning
discharges to POTWs of wastes that
would be considered "hazardous
wastes" under the Resource
Conservation and Recovery Act (RCRA)
as well as discharges to POTWs from
hazardous waste cleanup or remediation
sites. This information would alert the
permit writer to potential concerns
regarding the constituents of such
discharges.
Therefore, section 122.21(j)(7)(i)
requests information on RCRA
hazardous wastes received by truck, rail,
or dedicated pipe. Generator
information does not have to be
reported on RCRA hazardous wastes
discharged to a sewer system that mix
with domestic sewage before reaching
the POTW because the Domestic Sewage
Exclusion (under RCRA section
1004(27)) provides that "solid or
dissolved material in domestic sewage
is not solid waste" and therefore is not
a hazardous waste. Such materials,
however, remain subject to the
prohibited discharge standards of 40
CFR 403.5.
As noted by one commenter, the
information requested in this section is
already a POTW requirement under
RCRA permit-by-rule (40 CFR
270.60(c)). The RCRA rule, however,
does not require the POTW to report
this information to the NPDES
permitting authority. Today's rule
ensures that the permitting authority is
aware of any hazardous materials that
may enter the POTW.
In many cases, POTWs will also
already have the information required
by § 122.21(j)(7)(ii) because similar
information on hazardous constituents
is required by the pretreatment
requirements at §403.12(p). This section
of today's rule requires the POTW to
report information on wastewaters from
remedial activities that are accepted at
the POTW. Two commenters were
concerned that the requirement to
identify all hazardous constituents of
the wastewater did not have a de
minimis exclusion. One of these
commenters also questioned the
meaning of "hazardous constituent"
because it is not defined in the rule. The
language has been modified to address
these concerns in today's final rule.
Section 122.21(j)(7)(ii)(B) clarifies that
the hazardous constituents to be
identified are those listed in Appendix
VIII of 40 CFR part 261. Section
122.21(j)(7)(iii) provides a small
quantity exemption for POTWs that
receive less than fifteen kilograms of
hazardous wastes per month from all
discharges into the collection system,
unless the wastes are acutely hazardous
wastes. This exemption is the same as
the exemption for Ills that must report-
hazardous wastes to POTWs under
§403.12(p) of the pretreatment
requirements.
In today's rule language, hazardous
constituents in remedial waste need
only be reported if known. If a POTW
has not required the remedial site to
report all the hazardous constituents,
the POTW is not required to sample the
waste. If the hazardous constituents are
not known, the permit writer may
require such sampling on a case-by-case
basis when he or she believes it is
necessary to write a complete permit.
The proposed language requested the
same information three separate times,
for CERCLA wastes, RCRA corrective
action wastes, and other remedial
wastes. One commenter suggested that
these three questions should be
combined. EPA agrees and has done so
in today's rule. Commenters also stated
that POTWs do not know all the
potential sources of hazardous wastes at
the time of permit application so they
should not be asked about wastes that
they expect to receive. One of these
commenters was concerned that the
proposed language meant that POTWs
could not accept remedial waste unless
it was identified in the permit
application. In response, EPA has
changed the language of today's rule to
require information on hazardous
constituents in wastes that the POTW
has received or has agreed or expects to
receive. This rule does not preclude
POTWs from accepting additional such
wastes during the permit, though such
wastes do remain subject to the
prohibited discharge standards of 40
CFR 403.5.
9. Combined Sewer Overflows (CSOs)
Section 122.21 (j) (8) (i) requires
information about the combined sewer
system (CSS), including a system map
and system diagram that describe the
relevant features of the system. EPA
deleted other information from the
proposed rule, such as a system
evaluation, because the Agency agrees
with commenters that such additional
information is unnecessary or is
requested elsewhere.
Today's rule at section 122.21(j)(8)(ii)
requires that applicants provide
information on each CSO outfall
specifically covered by the application.
This includes locational information
similar to the information required for
outfalls discharging treated effluent. As
discussed previously, this sort of
locational data is consistent with
Agency policy concerning the reporting
of such information and it provides
permitting authorities with a means of
locating dischargers.
This provision also requires reporting
of any parameter monitoring conducted
on discharges from CSO outfalls and
requests information about any CSO
events that occurred in the year
previous to the permit application.
Section 122.21(j)(8)(ii)(E) requires the
permittee to describe any known water
quality impacts, such as beach or
shellfish bed closings and fish kills.
EPA considers this to be the minimum
amount of information needed by the
permit writer to specifically authorize
discharges at each of the identified CSO
outfalls. Originally, EPA proposed to
require identification of any significant
industrial users that introduce
pollutants to the collection system
upstream from a CSO outfall. No such
requirement exists in the final rule
because the information is provided in
§ 122.21(j)(6)(i) with other information
on SIUs.
10. Contractors
Section 122.21 (j) (9) requires the
applicant to identify all contractors.
responsible for any operation or
maintenance aspects of the POTW and
to specify such contractors'
responsibilities. This information
enables the permit writer to determine
who has primary responsibility for the
operation and maintenance of the
POTW and thus determine whether a
contractor should be included on the
permit as a co-permittee.
The Agency received conflicting
comments on this requirement. One
commenter agreed, one disagreed on the
basis that POTWs cannot contract out
their liability in a permit, and one
wanted more clarification. EPA believes
that POTWs cannot contract away their
liability for compliance with NPDES
permit requirements rather, they can
contract operational tasks. EPA believes
it is important, however, for the
permitting authorities to know all
parties involved in the operation and
maintenance of each POTW in order to
determine the appropriate responsible
party. This section remains as proposed.
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42452 Federal Register/Vol. 64. No. 149/Wednesday. August 4, 1999/Rules and Regulations
11. Certification
Section 122.21 (j)(10) requires the
certification and signature of an
authorized official in compliance with
40 CFR 122.22. The certification applies
to all attachments identified on the
application form, as well as any others
included by the applicant. No
comments were received on this section.
and it is unchanged from the proposal.
G. Application Requirements for
TWTDS (40 CFR 122.21 (q))
Today EPA finalizes regulatory
language at § 122.21(q) to update the
information that treatment works
treating domestic sewage (TWTDS) must
submit with their permit applications.
EPA also finalizes a new form. Form 2S,
for collection of this information.
Section (q) requires all TWTDS, except
"sludge-only" facilities, to report
Information regarding sewage sludge
generation, treatment, use, and disposal.
The permitting authority may also
require a "sludge-only" facility to
submit a permit application containing
this information. Today's requirements
are intended to clarify the previous
sewage sludge application requirements
that are necessary to implement EPA's
Part 503 standards for sewage sludge
use or disposal. These requirements
were originally provided at
§ 501.15 (a) (2) and were moved to
§501.15(a)(4) with the modifications to
Parts 123 and 501 published on August
24, 1998 (63 FR 45114). As of today's
rule, these requirements are replaced by
§ 122.21(q). See section H.I of today's
preamble for additional discussion.
As with the POTW application
requirements. EPA does not wish to
require redundant reporting by TWTDS.
Thus, the amended regulations
authorize EPA to waive submission of
certain information required to be
reported under § 122.21 (q) in
circumstances similar to that provided
In § 122.21Q). The Director may waive
any requirements in paragraph (q) if he
or she has access to substantially
identical information. EPA received
numerous favorable comments on this
approach. In addition, an applicant may
reference previously submitted
information that is still accurate if the
applicant is certain that the permitting
authority already has all the necessary
information.
As with the § 122.21ft) waiver.
applicants should be very specific when
referencing information so the
permitting authority has no difficulty in
locating the previous submission.
Permitting authorities should recognize
the need to keep information available
for future action and to ensure the
availability of information submitted to
various departments. All referenced
information should also be incorporated
into the administrative record for the
permit application.
EPA also solicited comments on ways
to allow the permit writer or permitting
authority discretion in waiving
submission of particular information
where the permitting authority
determines that such information is not
necessary for the application. EPA
received several comments that
suggested allowing the permitting
authority to waive any requirements it
deemed unnecessary. In response, EPA
has revised § 122.21 (q) of today's rule
similarly to § 122.21 (j) to provide
authorized NPDES States with the
ability to waive any requirement of
§ 122.21(q) that the State believes is not
of material concern for a specific permit,
if approved by the Regional
Administrator. See section II.F.for
additional waiver discussion.
1. Facility Information
Section 122.21(q)(l) requires
summary information on the identity,
size, location, and status of the facility
as a Federal, State, private, public, or
other entity. Proposed paragraph (ii) of
this section required that the facility
location be described by latitude and
longitude to the nearest second. EPA
received one comment on this issue.
The commenter stated that this
requirement is not contained in POTW
permit application requirements and
should not be in TWTDS application
requirements. Section 122.21ft) does
require location by latitude and
longitude, but only for location of
outfalls. For sewage sludge, the location
of land application sites is in
significance equivalent to outfall
locations for POTWs. Therefore, EPA
agrees that it does not need the location
of a facility described by latitude and
longitude. In today's final rule,
information on location by latitude and
longitude pursuant to EPA's Locational
Data Policy is only requested in
§§ 122.21(q)(9)-(ll) as part of the
specific information for land application
sites, surface disposal sites, and
incinerators.
2. Applicant Information
Section 122.21(q)(2) requires
information concerning the identity of
the applicant. The only change from the
proposal is that proposed
§ 122.21(q)(2)(iii) is moved to become
§ 122.21(q)(l)(vi). The proposed
question asked whether the applicant
was a Federal, private, public, or other
entity. This question should be asked
about the facility, not the applicant.
Therefore, it has been moved from the
applicant information section to the
facility information section.
3. Permit Information
Section 122.21(q)(3) restates the
§ 501.15 (a) (2) (v) requirement that the
applicant list the facility's NPDES
permit number and any other permit
numbers or construction approvals
received or applied for under various
authorities. EPA received no comments
on this section and it is unchanged from
the proposal.
4. Indian Country
Section 122.21(q)(4) asks whether any
generation, treatment, storage, land
application, or disposal of sewage
sludge occurs in Indian country. This
section clarifies existing
§ 5 01.15 (a) (2) (iv), which previously
asked only "whether the facility is
located on Indian Lands."
Note: Safe Drinking Water Act regulations
for the administration of the Underground
Injection Control program define "Indian
Lands" to mean "Indian country." See 40
CFR 144.3.
For further discussion of the
substitution of the term "Indian
country," see the discussion earlier in
today's preamble. A sewage sludge use
or disposal permit, however, may cover
activities occurring beyond the
boundaries of the "facility."
5. Topographic Map
Proposed § 122.21(q)(5) required the
applicant to submit the following
information on a topographic map (or
maps) depicting the area one mile
beyond the property boundaries of the
TWTDS: all sewage sludge management
facilities, all water bodies, and all wells
used for drinking water listed in public
records or otherwise known to the
applicant within 'A mile of the property
boundaries. This proposed requirement
is different from the existing
topographic map requirement at
§ 501.15 (a) (2) (vi) in that the proposed
requirement asked for information on
use and disposal sites rather than just
disposal sites.
EPA received 16 comments on this
issue of topographic maps. The
comments were quite diverse and
ranged from support for requiring
topographic maps from all use or
disposal sites to requiring them only of
the facility. EPA has decided that the
topographic map requirement for
TWTDS should be similar to the
requirement for POTWs. Therefore, the
final language of § 122.21(q)(5) requires
a topographic map that shows on-site
treatment, storage, and disposal sites.
This does not include land application
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sites as these are use sites, not disposal
sites. This section of the rule also
requires the same identification of wells
and water bodies as required for
POTWs. Section 122.21 (j)(l)(viii)
requires a topographic map of each
POTW that extends one mile beyond the
facility. Therefore, all TWTDS that must
meet this requirement can use the same
topographic map to meet the
requirements of § 122.21(q)(5). "Sludge-
only" TWTDS are only required to
submit limited background information.
Therefore, they do not need to prepare
a topographic map unless the permitting
authority requires a full permit
application.
EPA believes that it is important to get
information on land application sites
but recognizes that many applicants
cannot identify all their land
application sites at the time of permit
application. This is the purpose of the
land application plan. EPA believes that
topographic maps should be submitted
for all sites known to the applicant at
the time of permit application unless
they receive only exceptional quality
(EQ) sewage sludge. EPA is modifying
the proposed language in
§ 122.21(q)(9)(iii) to add a requirement
for a topographic map. Several
commenters stated that topographic
maps should not be required for sites
that used only "EQ" sewage sludge.
EPA agrees and has placed the map
requirement in § 122.21(q)(9)(iii),
thereby excluding sites that accept only
"EQ" sewage sludge.
The land application plan asks for
general information on sites that are not
known at the time of permit application.
The permitting authority will need to
decide exactly what information it
needs about these sites as they are put
into use.
6. Sewage Sludge Handling
The December 6, 1995, proposal
required a flow diagram, and/or a
narrative description that identifies all
sewage sludge management practices
(including on-site storage) to be
employed during the life of the permit.
EPA believes that this information is
necessary because the applicant may
employ sewage sludge management
practices not covered under the more
specific questions proposed in today's
rule. Three comments were received on
this requirement. One commenter
thought that this description would
normally not be necessary; the other two
thought that it was appropriate.
EPA also requested comments on
whether more specific information
about on-site and off-site storage of
sewage sludge should be required of
permit applicants. All five commenters
on this issue thought that some • .
information should be obtained about
storage, but there were no suggestions of
specific questions. Because storage is
not regulated by Part 503, EPA believes
that asking for information on storage as
part of a flow diagram or narrative.
description is the best way to obtain this
information. Therefore, EPA is today
promulgating § 122.21(q)(6) as
proposed.
7. Sewage Sludge Quality
In the December 6, 1995, notice, EPA
proposed a two-tier approach for
collection of pollutant specific data
based on whether the treatment works
had an industrial pretreatment program.
As proposed, Class I sludge
management facilities would be
required to submit the results of at least
one toxicity characteristic leaching
procedure (TCLP) conducted during the
last five years to determine whether the
sewage sludge is a hazardous waste.
They would also be required to submit
sewage sludge data for all the priority
pollutants except asbestos, for the Part
503 pollutants, and for total kjeldahl
nitrogen (TKN), ammonia, nitrate, and
total phosphorus. Other TWTDS would
be required to submit data for the
pollutants regulated in Part 503 and for
TKN, ammonia, nitrate, and total
phosphorus.
EPA requested comments on adding
several other requirements. These
included requiring Class I sludge
management facilities to submit data on
20 pollutants from the tentative list for
the Part 503 Round Two regulation;
requiring all TWTDS that land apply or
place sewage sludge in a surface
disposal site to submit data on fecal
coliform. Salmonella sp. bacteria,
enteric viruses, and viable helminth
ova; and requiring non-Class 1 TWTDS
to submit results of a TCLP and data on
dioxin/dibenzofurans and co-planar
polychlorinated biphenyls (PCBs). EPA
also solicited comments on whether an
applicant should be required to submit
data only for the pollutants regulated for
the TWTDS' use or disposal practice.
EPA received numerous comments on
all the above issues. The vast majority
of the comments questioned the need
for data other than the parameters
regulated in Part 503. Several
commenters mentioned the Part 503 risk
assessment and felt that if a pollutant
was not regulated in Part 503, there was
no need for monitoring or basis for
setting a limit.
After considering the comments, EPA
has concluded that the permit
application should only include
monitoring data for pollutants that have
Part 503 limits for the applicant's use or
disposal method at the time of permit
application. At the time of this final
rule, for land application these are
arsenic, cadmium, copper, lead,
mercury, molybdenum, nickel,
selenium, and zinc. For surface disposal
they are arsenic, chromium, and nickel,
and for incineration they are arsenic,
cadmium, chromium, lead, and nickel.
If an applicant thinks that it may change
use or disposal practices during the
permit period, it should submit data for
all potentially regulated pollutants.
Today's notice amends proposed
§ 122.21(q)(7) to require all applicants to
submit data for pollutants for which
Part 503 limits have been established for
their use or disposal practices.
Two additional issues were raised in
the comments received on this section.
Three commenters suggested that data
from the past three years should be
allowed rather than two years for
consistency with POTW permit
applications. EPA agrees that
consistency between the forms makes
sense for this issue. The data period for
POTW permit application requirements
has been extended to four and one-half
years in today's final rule. This allows
applicants to submit data obtained at
any time during the previous permit
cycle. For consistency, EPA is making
the same change for TWTDS application
requirements in § 122.21(q)(7) (and on
Form2S).
The proposed rule asked for the
analytical methods used but did not
require use of specific methods, to allow
for the submittal of existing data. Part
503 requires the use of test methods in
SW-846 for monitoring pollutants.
Three commenters suggested that SW-
846 methods should be used for
application data as well. Because all
facilities have had to monitor according
to Part 503 for several years, there is no
longer any reason to accept data that is
not analyzed according to SW-846
methods. Therefore, EPA is today
modifying § 122.21(q)(7) to require
application monitoring data to be
analyzed according to methods in SW-
846. ' t
8. Requirements for a Person Who
Prepares Sewage Sludge
In the December 6, 1995 proposal,
§ 122.21(q)(8) identified the permit
application information that a person
who prepares sewage sludge for use or
disposal would be required to submit. A
"person who prepares." as defined at 40
CFR 503.9(r), is "either the person who
generates sewage sludge during the
treatment of domestic sewage in a
treatment works or the person who
derives a material from sewage sludge."
This section thus pertains to any POTW
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42454 Federal Register/Vol. 64. No. 149/Wednesday, August 4, 1999/Rules and Regulations
or other treatment works that generates
sewage sludge. It also includes facilities
(such as composting operations) that
receive sewage sludge from another
facility and then produce a material
derived from that sewage sludge.
Paragraphs (i) and (ii) requested
information on the amount of sewage
sludge generated (paragraph (i)) plus
any other amount that is received from
off-site (paragraph (ii)). Paragraph (ii)
also solicited information on sewage
sludge treatment practices at any off-site
facility from which sewage sludge is
received. Paragraph (iii) requested
information on sewage sludge treatment
processes at the applicant's facility,
including pathogen or vector attraction
reduction processes. Paragraph (iv)
asked for the amount of "EQ" sewage
sludge that is applied to the land.
Paragraph (v) sought information on
sewage sludge that is not "EQ," but is
nevertheless placed in a bag or other
container for sale or give-away for
application to the land. Paragraph (vi)
sought information about any other
"person who prepares" who receives
sewage sludge from the applicant's
facility.
EPA received eight comments on
these proposed information requests.
Most of the commenters believed that
some or all of the information in
§ 122.21(q)(8)(vi) was unnecessary and
duplicative because it would also be
reported on the receiving TWTDS"
permit application. One commenter
believed that the information in
§ 122.21(q)(8)(ii) was also unnecessary
and duplicative because it would be
reported on the sending TWTDS"
permit application. EPA anticipated
these concerns and requested comments
on ways to avoid this duplication, such
as allowing the applicant to reference
substantially similar information
previously submitted to a permitting
authority rather than resubmitting the
information.
If all permit applications went to the
same permitting authority at the same
time, information on other TWTDS that
handle sewage sludge from the
applicant would not be necessary. Due
to the tiered permitting scheme (58 FR
9404), however, the limited information
requested from non-discharging
TWTDS. and the possibility of inter-
state transport, this is not always the
case.
If the applicant is certain that the
permitting authority has received an
application from all other TWTDS that
handle its sewage sludge, today's final
rule allows it to reference the
appropriate permit applications or
include copies of the relevant sections.
In addition, the Director's waiver
authority could be used to eliminate
duplication. A State that requires all
TWTDS to submit full permit
applications and believes it has access
to all the necessary information could
waive submittal of the requested
information in §§ 122.21(q)(8)(ii) and
(vi) for all its TWTDS once the State
sewage sludge management program has
been approved by EPA. EPA believes
that the information requested in this
section should be provided and the rule
provides adequate ways of avoiding
unnecessary duplication.
The previous requirement at
§ 501.15(a)(2)(viii) asks for the "name of
any distributors when the sludge will be
disposed of through distribution and
marketing." This requires the names of
any facilities that sell or give away EQ
sewage sludge. EPA believes that EQ
sewage sludge should be treated
similarly to other fertilizers. Thus, EPA
proposed deleting the names of
distributors in the December 1995
proposal. The five comments received
on this issue all supported the proposal.
For the reasons mentioned above,
§ 122.21(q)(8), as promulgated, is
unchanged from the proposal.
9. Land Application of Bulk Sewage
Sludge
Proposed § 122.21(q)(9) requested
information on sewage sludge that is
land applied in bulk form. This section
applies only where the applicant's
permit must contain all applicable Part
503 requirements for land application.
This section does not apply if the
applicant generates EQ sewage sludge
subject to § 122.21(q)(8)(iv) or if the
applicant places sewage sludge in a bag
or other container for sale or give-away
for application to the land subject to
§ 122.21(q)(8)(v). In neither of these
cases is it necessary to control the
ultimate land application through a
permit. Thus the applicant does not
need to provide the information
requested in § 122.21 (q) (9) as part of the
application. The section also does not
apply if the applicant provides sewage
sludge to another "person who
prepares" subject to § 122.21(q)(8)(vi).
In this case, the ultimate land
application would be controlled by the
subsequent "person who prepares."
EPA received numerous comments on
different aspects of § 122.21(q)(9). Most
of the commenters suggested different
ways to obtain the information
requested in this section. Some
commenters believe that this
information should not be requested in
a permit application but rather during
the life of the permit as new sites are
added. Other commenters stated that
information on land application sites
would be available through annual
reports. This issue of how to obtain
adequate information without
duplication or overloading the
permitting authority with unnecessary
information was addressed during the
original development of Part 501 and
Part 503.
After reviewing the comments, EPA
believes that its current approach is well
grounded. If information is known about
land application sites at the time of
permit application, it should be
submitted to the permitting authority. If
information is not known, a land
application plan must be submitted.
Reports are only required from Class I
sludge management facilities unless
required on a case-by-case basis in a
permit. Some States may have more
extensive requirements, but this rule
only provides the Federal requirements.
As mentioned previously, if the
required information is already
available, the permitting authority may
waive the requirement or the permit
application may simply reference the
information provided elsewhere.
Several commenters thought that it
would be more appropriate to require
information from appliers. However,
appliers who do not change the sewage
sludge quality are not TWTDS and are
therefore not required to apply for a
permit. Generators should be aware of
where and how their sewage sludge is
land applied. EPA believes it is feasible
for generators to obtain information
from appliers and submit it with their
permit application. As mentioned
earlier, this section is not applicable if
a TWTDS produces all EQ sewage
sludge. The land application plan serves
as the vehicle to allow TWTDS to add
sites during the life of the permit
without requiring a major permit
modification. The following paragraphs
describe the individual requirements in
this section. The final rule is the same
as the proposal unless otherwise
mentioned.
Paragraph (i) of § 122.21(q)(9) clarifies
the existing requirement at
§501.15(a)(2)(x) which tells the
applicant to report annual sludge
production volume. Paragraph (ii) asks
how the applicant will satisfy the .
§503.12(i) notification requirement for
land application sites in a State other
than the State where the sewage sludge
is prepared.
Paragraphs (A)-(C) of
§ 122.21(q)(9)(iii) ask the applicant to
identify the land application site. These
questions request locational information
which meets the specifications of EPA's
Locational Data Policy and supports the
Watershed Protection Approach by
providing permit writers and other
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Federal and State environmental
managers with a means of
geographically locating land application
sites.
Paragraphs (D) and (E) of
§ 122.21(q)(9)(iii) ask the applicant to
identify the land application site owner
and applier, if different from the
applicant. EPA believes that this
information is necessary in order to
ensure that the permit is issued to the
correct party. These proposed
paragraphs clarify and expand on
existing requirements at
§501.15(a)(2)(viii).
One of the land application
management practices in § 503.14
mandates that bulk sewage sludge shall
not be applied to land at greater than the
agronomic rate. Therefore, paragraphs
(F) and (G) of § 122.21(q)(9)(iii) ask the
applicant to identify the type of land
application site, the type of vegetation
grown on that site, if known at the time
of permit application, and the
vegetation's nitrogen requirement.-This
information enables the permit writer to
calculate an appropriate permit
management practice regarding
agronomic rate. EPA recognizes that
different crops may be grown on a site
during the life of a permit. If the crop
for a site is not known or likely to
change, the applicant should submit
whatever information is available.
Paragraph (H) of § 122.21(q)(9)(iii)
requests information on vector
attraction reduction measures
undertaken at the land application site.
Before sewage sludge is applied to the
land, it must meet the requirements for
vector attraction reduction in § 503.33.
These measures may be undertaken
either by the "person who prepares"
sewage sludge or by the operator of the
land application site.
Proposed paragraph (G) of
§ 122.21(q)(9)(iii) asked the applicant to
submit any existing ground-water
monitoring data for the land application
site. This was intended to give the
permitting authorities ground-water
monitoring data for land application
sites in order to ensure that sewage
sludge application rates are
appropriately protective of ground
water. Five commenters responded to
this requirement. Since ground-water
monitoring at land application sites is
not required by Part 503, some
commenters thought that this
requirement could cause facilities that
voluntarily monitor to discontinue their
monitoring program rather than submit
all their data to the permitting authority.
Another commenter mentioned that
many sites have commercial fertilizers
applied along with sewage sludge so
that it is difficult to relate the results of
ground-water testing to sewage sludge.
After considering the comments, EPA
agrees that available ground-water data
should not Be required on a permit
application, and has not promulgated
proposed § 122.21(q)(9)(iii)(G). If States
require ground-water monitoring, they
may request this information. EPA will
only ask for data on ground-water
monitoring if it is a specific permit
condition.
Section 501.15 (a) (2) (ix) asks for
information necessary to determine if
the site is appropriate for land
application and a description of how the
site will be managed. This requirement
could be interpreted in different ways.
Today's rule clearly specifies site
management requirements in
paragraphs (F)-(H) of § 122.21(q)(9)(iii)
by asking for the type of site, the
vegetation grown, the nitrogen
requirements, and any on-site vector
attraction reduction activities.
Permitting authorities need to be
assured that sewage sludge is being used
in accordance with Part 503. Detailed
information on site management is often
obtained through operating plans,
annual reports, and inspections. In some
situations, permitting authorities may
choose to get this information before
issuing a permit. Paragraph (I) has been
added to § 122.21(q)(9)(iii) to emphasize
that the permitting authority can request
other site management information if it
is needed to identify appropriate permit
conditions.
Section 122.21(q)(9)(iv) requests
information that the permitting
authority needs in order to verify
whether the § 503.12(e)(2)(i)
requirement for appliers of bulk sewage
sludge subject to cumulative pollutant
loading rates (CPLRs) has been met. A
cumulative pollutant loading rate, as
defined in § 503.11 (f) is "the maximum
amount of an inorganic pollutant that
can be applied to an area of land." This
information enables EPA to ensure that
the CPLRs are not exceeded when more
than one facility is sending sewage
sludge subject to CPLRs to the same site.
Section 122.21(q)(9)(v) restates the
requirement in existing
§ 501.15 (a) (2) (ix) for information on
land application sites not identified at
the time of permit application. EPA
received numerous comments on
paragraph (E) of this section. Many
commenters discussed the difficulties
involved in providing notice to
"landowners and occupants adjacent to
or abutting the proposed land
application site." Numerous questions
have been raised about exactly what this
language means.
EPA agrees that States should provide
public notice as required by State and
local law, when such laws exist.
However, some States and
municipalities have no provisions for
public notice of land application sites.
Section 122.21(q)(9)(v)(E) of today's rule
requires.that land application plans
include provisions for public notice of
new land application sites. If State or
local law includes public notice
provisions, these must be followed.
Where State or local law does not
. require advance public notice, the land
application plan must include specific
provisions stating how the general
public will be apprized of new sites.
10. Surface Disposal
Section 122.21 (q)(10) requests
information on sewage sludge that is
placed on a surface disposal site. By
definition, a sewage sludge surface
disposal site is a TWTDS. Many surface
disposal site owner/operators, however,
do not have to complete this section, but
instead submit the limited background
information required by
§ 122.21(c)(2)(iii). The applicant is
required to provide the information
requested by § 122.21(q)(10) only if the
surface disposal site is already covered
by an NPDES permit; if the owner/
operator is requesting site-specific
pollutant limits; or if the permitting
authority is requiring a full application.
Paragraph (i) of § 122.21(q)(10)
clarifies the existing requirement at
§ 501.15(a)(2)(x) which tells the
applicant to report annual sludge
production volume. Paragraph (ii) of
§ 122.21(q)(10) requires that the
applicant provide the name or number,
address, telephone number, and amount
of sewage sludge placed on each surface
disposal site that the applicant does not
own or operate. This paragraph clarifies
and expands on existing requirements at
§ 501.15(a) (2) (viii). EPA believes that
this information is necessary in order to
ensure that the permit is issued to the
correct party.
Paragraph (iii) of § 122.21(q)(10)
requests detailed information on each
active sewage sludge unit at each
surface disposal site that the applicant
owns or operates. A "sewage sludge
unit" is defined in §503.21 (n) as "land
on which only sewage sludge is placed
for final disposal." A "surface disposal
site" is "an area of land that contains
one or more sewage sludge units."
Information on each active sewage
sludge unit is necessary because Part
503 provides for different pollutant
limits, monitoring requirements, and
management practices for each unit.
This information enables the permitting
authority to establish proper permit
conditions.
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42456 Federal Register/Vol. 64. No. 149/Wednesday. August 4, 1999/Rules and Regulations
Paragraphs (A)-(C) of
S 122,21 (q)(10)(iii) ask the applicant to
Identify the surface disposal site by
submitting the same information
requested in § 122.21(q)(9)(iii). This
information may have already been
provided if the surface disposal site is
located at a POTW. The information is
requested in this section in order to
adequately locate "sludge-only" surface
disposal sites that have been asked to
submit a full permit application.
Paragraph (k) of § 122.21(q)(10)(iii)
requests information on sewage sludge
sent to the active sewage sludge unit by
any facility other than the applicant's.
This information helps the permit writer
to determine which requirements apply
to the surface disposal site owner/
operator and which apply to the facility
which sends sewage sludge to the
surface disposal site. As previously
mentioned, the applicant may reference
substantially similar information
already submitted to the permitting
authority.
Paragraph (L) of § 122.21 (q) (10) (iii)
requests information on vector
attraction reduction measures
undertaken at the active sewage sludge
unit. Before sewage sludge is placed on
an active sewage sludge unit, it must
meet the requirements for vector
attraction reduction in § 503.33. Since
vector attraction reduction measures
may be performed either by the facility
preparing sewage sludge or by the
surface disposal site owner/operator,
EPA believes that both should be
required to supply information on their
practices.
Section 503.24 (n) (2) requires surface
disposal sites to demonstrate by way of
a ground water monitoring program or
certification that sludge placed on an
active sewage sludge unit does not
contaminate the underlying aquifer. In
order to ensure that this requirement is
implemented, paragraph (M) of
§ 122.21(q)(10)(iii) requests information
on ground water monitoring programs
or certifications. Because many
communities rely on ground water as a
source of drinking water, EPA believes
that this information is necessary to
protect public health and the
environment.
After August 18,1993, only surface
disposal sites showing good cause may
apply for site-specific pollutant limits.
Paragraph (N) of § 122.21(q)(10)(iii)
requests the information necessary for
the permit writer to determine whether
such site-specific limits are warranted.
This information must include a
demonstration that the values for site
parameters at the applicant's site differ
from those used to develop the surface
disposal pollutant limits in Part 503.
11. Incineration
Section 122.21(q)(ll) requests
information on sewage sludge that is
fired in a sewage sludge incinerator.
According to § 503.4 l(k), a sewage
sludge incinerator is "an enclosed
device in which only sewage sludge and
auxiliary fuel are fired." A sewage
sludge incinerator is a TWTDS and is
required to submit a full permit
application.
Paragraph (i) of § 122.21(q)(ll)
clarifies the existing requirement at
§ 501.15(a)(2)(x) which tells the
applicant to report annual sludge
production volume. Paragraph (ii) of
§ 122.21 (q) (11) requires that the
applicant provide the name or
identifying number, address, telephone
number, and amount of sewage sludge
fired in each sewage sludge incinerator
that the applicant does not own or
operate. This paragraph clarifies
existing requirements at
§501.15(a)(2)(viii). EPA believes that
this information is necessary in order to
ensure that the permit is issued to the
correct party.
Paragraph (iii) of § 122.21(q)(ll)
requests detailed information on each
sewage sludge incinerator that the
applicant owns or operates. Paragraph
(B) of § 122.2 l(q) (11) (iii) asks the
applicant to identify the sewage sludge
incinerator by latitude and longitude.
There is no requirement to submit a
topographic map because EPA believes
all sewage sludge incinerators are
located at treatment works that generate
sewage sludge. Therefore, they are
already required to submit a
topographic map under the
requirements of § 122.21 (q) (5).
Paragraph (C) of paragraph (iii)
requests the total amount of sewage
sludge fired annually in each
incinerator. This information is
necessary because the monitoring
requirements for sewage sludge
incinerators are based on the total
amount fired.
Paragraphs (D) and (E) of
§ 122.21(q)(ll)(iii) request information
on compliance with the beryllium and
mercury National Emissions Standards
for Hazardous Air Pollutants
(NESHAPs). Section 503.43 paragraphs
(a) and (b) require compliance with
these standards through a cross-
reference to 40 CFR Part 61 subparts C
and E. If the incinerator is required to
perform stack testing, these paragraphs
would require the applicant to submit a
report of that testing.
Under § 503.43. the pollutant limits
applicable to each sewage sludge
incinerator are calculatsd based on
factors unique to each incinerator.
Paragraphs (F), (G), and (H) of
§ :i22.21(q)(ll)(iii) require each
applicant to submit these factors for
their incinerator(s). Calculating
pollutant limits on an individual basis
allows the actual performance of each
incinerator and actual site conditions,
such as topography, to be taken into
account. EPA believes that this is more
appropriate than mandating national
pollutant limitations for sewage sludge
. incinerators.
EPA received one comment on this
issue. The commenter mistakenly
believed that all incinerator applicants
would have to resubmit information on
their performance tests and air
modeling. Incinerator applicants that
have already submitted this information
to the permitting authority do not have
to resubmit. Permit applications have
already been completed for most
currently operating sewage sludge
incinerators. This requirement applies
to'incinerators for which complete
permit applications have not yet been
submitted. At the next permit cycle an
incinerator permittee can reference the
previously submitted data unless the
permitting authority requires new
testing.
In the development of Part 503, EPA
determined that it would be infeasible
to establish individual limits for each
hydrocarbon in sewage sludge
incinerator exit gas. Instead, the Agency
adopted a 100 ppm total hydrocarbon
(THC) limit and required continuous
THC monitoring to show compliance.
Part 503 was amended on February 25,
1994 (59 FR 9095) to allow sewage
sludge incinerators whose exit gas does
not exceed 100 ppm carbon monoxide
(CO) to show compliance with the THC
operational standard by monitoring CO
instead of THC. Paragraphs (H), (I), and
0) of proposed § 122.21(q)(ll)(iii)
requested information on the
incinerator's exit gas concentration of
THC or CO, oxygen, and moisture.
One commenter questioned the
validity of this requirement. The
commenter stated that since THC or CO
data must be monitored continuously, a
request for one data point on the permit
application is meaningless. EPA agrees
with this comment and has deleted
these questions. In today's rule
§ 122.21(q)(l l)(iii)(I) asks whether the
applicant monitors THC or CO.
Many of the incinerator's site-specific
factors that are used to calculate
pollutant limits and compliance with
the operational standard are highly
dependent on the temperature at which
the incinerator is operated and the rate
at v/hich sewage sludge is fed into the
incinerator. For most incinerators, these
parameters are determined during an
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federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations 42457
initial performance test. EPA asked for
the information in paragraphs (K)
through (O) of proposed
§ 122.21(q)(l l)(iii) in order to ensure
appropriate pollutant limits and that the
incinerator would be operated within
the parameters of the original
performance test.
After reviewing these questions, EPA
is making some changes in today's rule.
The information in paragraphs (K), (N),
and (O) of proposed § 122.21(q)(ll)(iii)
remain unchanged but the paragraphs
are renumbered as 0). (M), and (N). One
commenter thought that proposed
paragraph (O) is unnecessary and
unclear. Part 503 requires that a sewage
sludge incinerator's air pollution control
devices be operated in a manner that is
not significantly different from how
they were operated during the
performance test. This paragraph
requests the performance test operating
parameters for the air pollution control
devices so compliance with this
requirement can be determined.
Therefore it is being promulgated as
proposed.
The information requested in
proposed paragraphs (L) and (M) is from
the performance test. Proposed
paragraph (L) is finalized as paragraph
(K). To be consistent with the
amendments to Part 503, the term
"combustion temperature" is changed to
"maximum performance test
combustion temperature", which is the
arithmetic mean of the maximum
combustion temperature for each of the
runs in a performance test. Proposed
paragraph (M) is finalized as paragraph
(L) and is modified to clarify that the
requested sewage sludge feed rate is that
used during the performance test.
Proposed paragraphs (P) and (Q) of
§ 122.21(q)(ll)(iii) are promulgated
unchanged except for being renumbered
as paragraphs (O) and (P). They request
information on the monitoring
equipment and air pollution control
devices installed on the incinerator.
Information on this equipment is
necessary to ensure that the facility
complies with the management
practices at § 503.45.
12. Disposal in a Municipal Solid Waste
Landfill
Section 122.21(q)(12) requests
information on sewage sludge that is
sent to a municipal solid waste landfill
(MSWLF). Section 503.4 states that
sewage sludge sent to a MSWLF that
complies with the requirements in 40
CFR Part 258 constitutes compliance
with sec. 405(d) of the CWA. The
questions in § 122.21(q)(12) are
necessary to ensure the availability of
accurate information about a MSWLF
and the sewage sludge that is sent there.
Paragraphs (i) and (ii) of
§ 122.21(q)(12) clarify existing
requirements at § 501.15 (a) (2) (v), (viii),
and (x) that request information on
other permits, the location of disposal
sites, and the annual sludge production
volume. Paragraph (iii) requests
information on the sewage sludge
quality to ensure that it is acceptable for
a MSWLF. Paragraph (iv) requests
available information on whether the
MSWLF is in compliance with Part 258.
EPA received three comments on this
section. All three commenters stated
that permittees should not be asked
about landfill compliance with Part 258
since they believe this is the
responsibility of the landfill. EPA
disagrees with the commenters and this
section remains as proposed. Section
503.4 states that disposal in a MSWLF
that complies with the requirements in
40 CFR part 258 constitutes compliance
with section 405 (d) of the CWA. Sewage
sludge that is placed in a MSWLF does
not have to meet any of the pollutant
limits or pathogen and vector
requirements that are contained in Part
503. Protection of public health and the
environment is provided by the Part 258
requirements. If sewage sludge is
disposed in a landfill that is not in
compliance with part 258, there is no
way to know if the landfill is designed
and operated so as to protect the
environment from any potential
problems from the sewage sludge. The
preamble to Part 503 (58 FR 9248)
explains the relationship between Parts
258 and 503.
13. Contractors
Section 122.21(q)(13) requires the
applicant to provide contractor
information. The applicant is required
to identify all contractors responsible
for any sewage sludge related operation
or maintenance aspects of the TWTDS,
and specify their responsibilities. The
permitting authority uses this
information to determine who has
primary responsibility for the operation
and maintenance of the TWTDS.
EPA received four comments on this
section. One commenter agreed with
EPA's proposal to identify all
contractors, one disagreed, one wanted
information on the proposal but only on
appliers, and one wanted more
clarification about the scope of the
requirement. EPA agrees that TWTDS
cannot by contracting out sewage sludge
use or disposal avoid their legal
obligation to comply with Part 503 and
any permit requirements. However, EPA
believes it is helpful to the permitting
authorities and the general public to
know all parties involved in sewage
sludge management at a facility. This
requirement remains as proposed.
14. Other Information
Section 122.21(q)(14) requires the
applicant to report any information
necessary to determine the appropriate
standards for permitting under 40 CFR
Part 503, and any other information the
permitting authority may request and
reasonably require to assess the sewage
sludge use and disposal practices, to
determine whether to issue a permit, or
to identify appropriate permit
requirements. This paragraph restates
the existing requirements in
§501.15(a)(2)(xi) and (xii). EPA received
one comment on this section. The
commenter agreed with the proposal,
and it remains as proposed.
15. Signature
Section 122.21 (q)(15) requires that an
authorized official sign and certify the
form in compliance with 40 CFR 122.22.
This ensures that the person signing the
form has the authority to speak for and
legally bind the permittee. No
comments were received on this section
and it remains as proposed.
H. Permit Conditions for POTWs (40
CFR 122.44(/))
Under existing § 122.21(j)(4), any
POTW with an approved pretreatment
program must provide a written
technical evaluation of the need to
revise local limits under 40 CFR
403.5 (c)(l). This provision requires that
the local limits evaluation be done prior
to permit issuance. States and
municipalities have expressed concerns
that such evaluation would be more
appropriate after permit issuance, so as
to avoid the need for a second technical
evaluation if the POTW's permit limits
are revised in the new permit.
In response to these concerns, the
Agency proposed to change this from an
application requirement to a POTW
pretreatment program requirement at
§ 403.8(f)(4). EPA did not receive any
comments on this change but instead
codifies this requirement at § 122.44Q),
which lists pretreatment program permit
conditions that must be in a POTW's
permit. As such the requirement to
provide a written evaluation of the need
to revise local limits will be included in
permits. POTWs must evaluate their
local limits during each permit cycle,
rather than during the permit
application process.
/. State Program Requirements (40 CFR
Parts 123 & 501)
EPA intends to maintain consistency
between the NPDES permit application
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42458 Federal Register/Vol. 64. No. 149/Wednesday. August 4, 1999/Rules and Regulations
requirements of Part 122 and the State
sewage sludge permitting requirements
of Parts 123 and 501. This reflects EPA's
belief that a TWTDS should submit the
same application information regardless
of whether the permitting authority
regulates sludge management under an
approved NPDES or under a non-NPDES
program. In fact, EPA published changes
to Parts 123 and 501 (63 FR 45114.
August 24. 1998) that consolidate all
State sewage sludge management
requirements under Part 501. As part of
this process, the December 6, 1995
proposal of today's rule included
revisions to the language of
§§ 123.25(a)(4) and 501.15(a)(2) to
modify the sewage sludge information
requirements. All four comments
received by EPA supported having the
same minimum requirements for EPA
and authorized States.
Today's rule adds paragraph 122.21 (q)
to the list in § 123.25(a)(4) of provisions
that States must implement to be
granted NPDES authorization. The"
specific permit information
requirements contained in § 122.21 (q) of
today's final rule are referenced in
§501.15(d)(l)(i)(B). The August 24. 1998
final rule states that § 501.15(d)(l)(i)(B)
is not effective until today's rule
becomes effective. This was necessary
because § 122.21 (q) was not yet final
when the Part 501 and 123 revisions
were published. Therefore, the August
24. 1998 final rule renumbered
§501.15(a)(2) as§501.15(a)(4) and
retained that section so that there would
still be specific sludge permit
information requirements in effect. The
intent was that this new § 501.15 (a) (4)
would be deleted upon publication of
today's rule. Today's final rule deletes
§501.15(a)(4) and makes
§501.15(d)(l)(i)(B) effective on
December 2, 1999.
HI. Regulatory Requirements
A. Executive Order 12866
Under Executive Order 12866 (58
Federal Register51735 (October 4,
1993)). the Agency must determine
whether the regulatory action is
"significant" and therefore subject to
OMB review and the requirements of
the Executive Order. The Order defines
"significant regulatory action" as one
that is likely to result in a rule that may:
(1) Have an annual effect on the
economy of SI00 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or.
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President's priorities, or the principles
set forth in the Executive Order.
Pursuant to the terms of Executive
Order 12866, it has been determined
that this rule is a "significant regulatory
action." As such, this action was
submitted to OMB for review. Changes
made in response to OMB suggestions or
recommendations will be documented
in the public record.
B. Executive Order 12875
Under Executive Order 12875, EPA
may not issue a regulation that is not
required by statute and that creates a
mandate upon a State, local or Tribal
government, unless the Federal
government provides the funds
necessary to pay the direct compliance
costs incurred by those governments, or
EPA consults with those governments. If
EPA complies by consulting, Executive
Order 12875 requires EPA to provide to
the Office of Management and Budget a
description of the extent of EPA's prior
consultation with representatives of
affected State, local and Tribal
governments, the nature of their
concerns, any written communications
from the governments, and a statement
supporting the need to issue the
regulation. In addition, Executive Order
12875 requires EPA to develop an
effective process permitting elected
officials and other representatives of
State, local, and Tribal governments "to
provide meaningful and timely input in
the development of regulatory proposals
containing significant unfunded
mandates."
EPA has concluded that this rule will
create a mandate on State, local, and
Tribal governments and that the Federal
government will not provide the funds
necessary to pay the direct costs
incurred by the State, local, and/or
Tribal governments in complying with
the mandate. In developing this rule,
EPA consulted with State, local, and
Tribal governments to enable them to
provide meaningful and timely input in
the development of this rule. EPA made
efforts to consult with interested
stakeholders during the development of
the December 6, 1995, proposed rule. In
late 1993 and early 1994. EPA sought
feedback on draft forms and other
elements of the proposal from States
with approved NPDES programs, local
governments, the Association of State
and Interstate Water Pollution Control
Administrators (ASIWPCA), the
Association of Metropolitan Sewerage
Agencies (AMSA), the California
Association of Sanitation Agencies
(CASA), the Water Environment
Federation (WEF), and several
environmental groups. In response to
this outreach effort, EPA received
written comments from a dozen States,
several municipalities, and from AMSA.
. EPA also met with State and municipal
representatives and participated in a
conference call with representatives
from ten POTWs and two States.
EPA received 60 comments during the
public comment period on the proposed
rule and made numerous changes to the
rule and the forms in response to the
comments. Stakeholders raised a
number of issues related to the possible
impacts of the municipal application
requirements on local governments. The
most significant issue concerned the
required sampling data. States were
particularly concerned about the ability
of small municipalities to provide the
data. To address this concern, EPA
modified the regulation to reduce the
information required from small
facilities under 0.1 mgd. Many
municipalities and States were also
concerned about redundant information.
EPA resolved this issue by allowing
States to waive requirements for
information otherwise available to them
and by allowing facilities to-reference
information they have already provided
in annual reports, discharge monitoring
reports (DMRs), or other reports. The
final rule provides flexibility to the
States and reduces the reporting burden
for regulated facilities while ensuring
that EPA and the States will obtain the
information necessary to issue permits
that protect the environment.
C. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Pub. L.
104-4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under UMRA section 202, EPA
generally must prepare a written
statement, including a cost-benefit
analysis, for rules with "Federal
mandates" that may result in
expenditures to State, local, and tribal
governments in the aggregate, or to the
private sector, of $100 million or more
in any one year. Before promulgating an
EPA rule for which a written statement
is needed, UMRA section 205 generally
requires EPA to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
most cost-effective or least burdensome
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Federal Register/Vol. 64. No. 149/Wednesday, August 4, 1999/Rules and Regulations 42459
alternative that achieves the objectives
of the rule. The provisions of UMRA
section 205 do not apply when they are
inconsistent with applicable law.
Moreover, UMRA section 205 allows
EPA to adopt an alternative other than
the least costly, most cost-effective or
least burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted.
Before EPA establishes any regulatory
requirements that may significantly or
uniquely affect small governments,
including tribal governments, it must
have developed under UMRA section
203 a small government agency plan.
The plan must provide for notifying
potentially affected small governments,
enabling officials of affected small
governments to have meaningful and
timely input in the development of EPA
regulatory proposals with significant
Federal intergovernmental mandates,
and informing, educating, and advising
small governments on compliance with
the regulatory requirements.
EPA has determined that today's rule
does not include a Federal mandate that
may result in expenditures of $100
million or more to either State, local and
tribal governments in the aggregate, or
to the private sector in any year. To the
extent enforceable duties arise as a
result of today's rule on State, local and
tribal governments and the private
sector, such enforceable duties do not
result in a significant regulatory action
being imposed upon State, local and
tribal governments and the private
sector since the estimated aggregate cost
of compliance for the regulated entities
is not expected to exceed $4.8 million
annually. Today's rule streamlines the
permit application requirements for
municipal and sludge application
requirements to provide additional
flexibility to the States in complying
with current regulatory requirements
and reduce the burden on affected
governments. Thus, today's final rule is
not subject to the requirements of
sections 202 and 205 of the UMRA.
EPA has determined that this rule
contains no regulatory requirements that
might significantly or uniquely affect
small governments and thus this rule is
not subject to the requirements in
section 203 of UMRA. The amendments
will not significantly affect small
governments because as explained
above, this rulemaking streamlines
current regulatory requirements and
provides additional flexibility to meet
regulatory requirements. The small
governments affected by this rule are
tribal and municipal governments and
the rule minimizes the impact on these
small government entities.
D. Paperwork Reduction Act
The Office of Management and Budget
(OMB) has approved the information
collection requirements contained in
this rule under the provisions of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq.and has assigned OMB
control number 2040-0086. A copy may
be obtained from Sandy Farmer, OPPE
Regulatory Information Division, U.S.
Environmental Protection Agency
(2137); 401 M St., S.W.; Washington, DC
20460; or by calling (202) 260-2740.
The final rule consolidates
application requirements from existing
regulations into a "modular" permit
application form, thereby streamlining
and clarifying the process for permit
applicants. EPA has developed forms
2A and 2S and the corresponding
reporting requirements at § 122.21Q) and
§ 122.21(q) in order to consolidate the
application requirements for POTWs
and TWTDS. EPA has promulgated the
Form 2A requirement under the
statutory authority of section 402 of the
CWA, as amended. Similarly, the
Agency has promulgated the Form 2S
requirement under section 405 of the
CWA, as amended. Both operating
statutes allow EPA to consider
regulatory options to minimize the
forms' economic impacts on small
entities.
The annual reporting and
recordkeeping costs and burden for this
collection of information are described
in the following paragraphs.
For Form 2A the total annual costs are
$4,100,711. There are 731 major
applicants, 1230 minor applicants
between 0.1 and 1.0 mgd, and 1230
minor applicants <0.1 mgd. The cost per
major (over 1.0 mgd) applicant is $4435,
the cost per minor applicant between
0.1 and 1.0 mgd is $477, and the cost
per minor applicant <0.1 mgd is $221.
The average cost per applicant is $1285.
Total annual burden is 30,593 hours.
There .are 731 major applicants, 1230
minor applicants between 0.1 and 1.0
mgd, and 1230 minor applicants <0.1
mgd. The burden per major applicant is
24 hours, the burden per minor
applicant between 0.1 and 1.0 mgd is
6.2 hours, and the burden per minor
applicant <0.1 mgd is 4.4 hours. The
average burden per applicant is 9.6
hours.
For Form 2S the total annual costs are
$714,823. There are 3911 NPDES POTW
applicants, 221 NPDES privately owned
treatment works applicants, 38 sludge-
only POTW applicants, and 2 sludge-
only privately owned treatment works
applicants. The costs per applicant are:
NPDES POTW $183. NPDES privately
owned treatment works $551, sludge-
only POTW $171, and sludge-only
privately owned treatment works $242.
The average cost per applicant is $207.
Total annual burden is 32,628 hours.
There are 3911 NPDES POTW
applicants, 221 NPDES privately owned
treatment works applicants, 38 sludge-
only POTW applicants, and 2 sludge-
only privately owned treatment works
applicants. The burdens per applicants
are: NPDES POTW 9.5 hours, NPDES
privately owned treatment works 9.5
hours, sludge-only POTW 3.9 hours,
and sludge-only privately owned
treatment works 2.5 hours. The average
burden per applicant is 9.4 hours.
Overall, for both Form 2A and Form
2S the total annual costs are $4,815,534
and the total annual burden is 63,221
hours. The annual public reporting and
recordkeeping burden for this collection
of information is estimated to average
^9.5 hours per response. Burden means
the total time, effort, or financial
resources expended by persons to
generate, maintain, retain, or disclose or
provide information to or for a Federal
agency. This includes the time needed
to review instructions; develop, acquire,
install, and utilize technology and
systems for the purposes of collecting,
validating, and verifying information,
processing and maintaining information
and disclosing and providing
information; adjust the existing ways to
comply with any previously applicable
instructions and requirements; train
personnel to be able to respond to a
collection of information; search data
sources; complete and review the
collection of information; and transmit
or otherwise disclose the information.
An Agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA's regulations are
displayed in 40 CFR Part 9 and 48 CFR
Chapter 15. EPA is amending the table
in 40 CFR Part 9 of currently approved
ICR control numbers issued by OMB for
various regulations to list the
information requirements contained in
this final rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA),
5 U.S.C. 601 et seq, generally requires
an administrative agency as part of any
rulemaking to prepare a regulatory
flexibility analysis to describe the
impact of rules on small entities. Under
5 U.S.C. 605(b), no regulatory flexibility
analysis is required, however, where the
head of an agency certifies that the rule
will not have a significant economic
impact on a substantial number of small
entities. Under RFA section 605 (b), EPA
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42460 Federal Register/VoI. 64. No. 149/Wednesday, August 4. 1999/Rules and Regulations
certifies that today's rule will not have
a significant economic impact on a
substantial number of small entities.
In developing these regulations. EPA
considered their effects on small
entities. Section 601(6) of the RFA
defines small entities as small
businesses, small governmental entities,
and small, not-for-profit organizations.
The small entitles affected by this rule
include small governmental
jurisdictions and small businesses that
own or operate wastewater treatment
works and sludge facilities or sludge
facilities only. About 16,080 small
entities are regulated by the rule.
Winery-three percent of the small
entities are small governmental
Jurisdictions, i.e.. publicly owned
treatment works (POTWs) and six
percent are small businesses, i.e.,
privately owned treatment works.
Almost all of the small governmental
jurisdictions (99%) will be required to
complete both the municipal and
sewage sludge application forms; the
rest will only have to complete the
sewage sludge application form. The
small businesses will only have to
complete the sewage sludge application
form.
Under the RFA. the term "small
governmental jurisdiction" means,
among other things, governments of
cities, counties, towns or special
districts with a population of fewer than
50.000. To evaluate the economic
impact on small governmental
jurisdictions subject to today's rule, EPA
looked at the effect on 5 million gallons
per day (mgd) or smaller POTWs, that
is. those serving 50.000 or less. EPA
cannot calculate from available data
how many small governmental
jurisdictions own and operate POTWs
that are subject to the rule. EPA collects
data on individual POTW operations
and these data are not aggregated by the
supplying public entities. EPA has data
on POTWs by size, expressed in terms
of mgd. With this information, EPA can
determine with a fair degree of certainty
what size community any given POTW
serves. Thus, for example, a 1 mgd
POTW will be needed to serve a
community of around 10,000. However,
EPA cannot determine the number of
small governmental jurisdictions
operating POTWs by simply totaling the
number of POTWs serving populations
up to 50,000 (as measured by mgd). This
would overstate the number of small
governmental jurisdictions owning
POTWs. The number of POTWs
operated by public entities will
obviously vary. A municipality (or
sewerage district) may operate one or
more POTWs or even none at all, if it
chooses to rely on the services of a
POTW in a neighboring jurisdiction.
Consequently, the number of POTWs
serving communities of 50,000 or fewer
does not correspond to the number of
small governmental jurisdictions with a
population of 50.000 or fewer.
While, as explained above, EPA could
not determine how many POTWs a
public entity owned and operated (and
thus could not calculate the number of
small governmental jurisdictions
affected by the rule). EPA did calculate
the economic impact on POTWs serving
communities in a number of size ranges
in order to evaluate the economic
impact on small governmental
jurisdictions as defined in the RFA. The
result of this analysis showed that in no
event would the impact to the
community owning the POTW be
significant as measured by the POTW's
(and consequently, the public entity's)
operating revenues. EPA concluded that
the economic impact of the rule on
small governmental jurisdictions as
defined in the RFA would not be
substantial in any circumstances.
For purposes of evaluating the
economic impact, EPA assumed that
water supply revenues of a municipality
with a population of 50,000 were
equivalent to those of a 5 mgd POTW.
Of the data that is available in the 1991-
1992 census of governments, the water
supply revenue information is most
likely to reflect revenues of POTWs,
since customer billings generally cover
water and sewer charges. To evaluate
the economic impact on small
businesses. EPA looked at private
sewerage systems with annual revenues
of 6 million or less, the Small Business
Administration's definition of a small
business for the sewerage industry.
EPA considered a range of regulatory
options for the proposed forms. In
today's final rule, EPA adopted the
modular permit application approach
for both POTWs and privately owned
treatment works. In the final rule, EPA
imposes fewer, more focused
requirements for facilities discharging
less than 1.0 mgd, which are less likely
to pollute and which have a lower
capacity to absorb large monitoring
costs. The smallest facilities, less than
0.1 mgd, complete only eight basic
questions and provide information on
only four pollutants. The more focused
requirements result from adjustments
that are appropriate to these less
"complex" facilities.
For purposes of evaluating the
economic impact of this rule on small
governmental jurisdictions, EPA
compared costs with average annual
water supply revenues for small
governmental jurisdictions obtained
from the 1991-1992 census of
governments. Because annual revenues
for small privately owned treatment
works were not available, in evaluating
the economic impact on small
businesses, EPA used the average water
supply revenue figure for small
governmental jurisdictions as a proxy
for small privately owned treatment
works. For both small POTWs and small
privately owned treatment works, EPA
used the costs for compliance estimated
' inthelCR.
EPA's assessment shows that the costs
of complying with today's rule are not
significant, even for very small POTWs
and privately-owned treatment works.
The total cost of complying with today's
rule for all POTWs and privately-owned
treatment works is $4,815,534 and
consists entirely of paperwork and
testing costs associated with collecting
the required information and
completing the forms.
The five-year compliance cost
estimates for small POTWs that are
subject to both sets of application
requirements are: $404 for POTWs less
than 0.1 mgd; $660 for POTWs between
0.1 and 1.0 mgd; and $4,618 for POTWs
between 1.0 and 5.0 mgd. The five-year
compliance cost estimate for small
POTWs that are subject only to the
sludge application requirements are
$172. The five-year compliance cost
estimate for the vast majority of small
privately owned treatment works, -that
are subject only to the sludge
application requirements, is $551. The
five-year compliance cost for a few
small privately owned treatment works
that don't have wastewater discharges is
only $242.
The annual cost for a small POTW
ranges from 0.02 to 0.09 percent of the
average annual water supply revenues
of these small governmental
jurisdictions, depending on their size
and whether or not they have to
complete one or both application forms.
The annual cost for most small privately
owned treatment works will be about
0.08 percent of the average annual water
supply revenue of these small
businesses. The annual cost for a few
small privately owned treatment works
without wastewater discharges is even
smaller (0.03 percent). Thus, impacts on
small treatment facilities will not be
significant.
Pursuant to section 605(b) of the
Regulatory Flexibility Act, 5 U.S.C.
605 (b), the Agency certifies that today's
rule will not have a significant
economic impact on a substantial
number of small entities.
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Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations 4Z46I
F. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 ("NTTAA"), Pub. L. No.
104-113. § 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standard bodies.
The NTTAA directs EPA to provide
Congress, through OMB, explanations
when the Agency decides not to use
available and applicable voluntary
consensus standards.
This action does not involve technical
standards. Therefore. EPA did not
consider the use of any voluntary
consensus standards.
G. Submission to Congress and the
General Accounting Office
The Congressional Review Act, 5
U.S.C. section 801 et.seq., as added by
the Small Business Regulatory
Enforcement Fairness Act of 1996,
generally provides that before a rule
may take effecti the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and the Comptroller General of the
United States. EPA will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This rule is not a "major rule" as
defined by 5 U.S.C. 804(2). This rule
will be effective on December 2, 1999.
H. Executive Order 13045
Executive Order 13045: "Protection of
Children from Environmental Health
Risks and Safety Risks" (62 FR 19885,
April 23, 1997) applies to any rule that:
(1) is determined to be "economically
significant" as defined under E.O. 12866
and (2) concerns an environmental
health or safety risk that EPA has reason
to believe may have a disproportionate
effect on children. If the regulatory
action meets both criteria, the Agency
must evaluate the environmental health
or safety effects of the planned rule on
children, and explain why the planned
regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by the
Agency.
This rule is not subject to E.O. 13045
because it is not an economically
significant action as defined by E.O.
12866 and it does not establish an
environmental standard intended to
mitigate health or safety risks. This rule
is a procedural rule that streamlines
existing regulations and application
forms for municipal dischargers and
treatment works who use or dispose of
sludge.
I. Executive Order 13084
Under Executive Order 13084, EPA
may not issue a regulation that is not
required by statute, that significantly or
uniquely affects the communities of
Indian tribal governments, and that
imposes substantial direct compliance
on those communities, unless the
Federal government provides the funds
necessary to pay the direct compliance
costs incurred by the Tribal
governments, or EPA consults with
those governments. If EPA complies by
consulting, Executive Order 13084
requires EPA to provide to the Office of
Management and Budget, in a separately
identified section of the preamble to the
rule, a description of the extent of EPA's
prior consultation with representatives
of affected Tribal governments, a
summary of the nature of their concerns,
and a statement supporting the need to
issue the regulation. In addition.
Executive Order 13084 requires EPA to
develop an effective process permitting
elected officials and other
representatives of Indian Tribal
governments "to provide meaningful
and timely input in the development of
regulatory policies on matters that
significantly or uniquely affect their
communities."
Today's rule does not significantly or
uniquely affect the communities of
Indian Tribal governments nor does it
impose substantial direct compliance
costs on them. This rule streamlines
current regulatory requirements and
provides additional flexibility to meet
regulatory requirements. Accordingly,
the requirements of section 3(b) of
Executive Order 13084 do not apply to
this rule.
List of Subjects
40 CFR Part 9
Environmental protection, Reporting
and recordkeeping requirements.
40 CFR Part 122
Administrative practice and
procedure, Confidential business
information, Environmental protection,
Reporting and recordkeeping
requirements, Sewage disposal, Waste
treatment and disposal, Water pollution
control.
40 CFR Part 123
Confidential business information,
Hazardous materials, Reporting and
recordkeeping requirements. Sewage
disposal, Waste treatment and disposal.
Water pollution control, Penalties.
40 CFR Part 124
Administrative practice and
procedure, Air pollution control,
Hazardous waste, Indian lands,
Reporting and recordkeeping
requirements. Water pollution control,
Water supply.
40 CFR Part 501
Confidential business information,
Environmental protection, Publicly
owned treatment works, Reporting and
recordkeeping requirements, Sewage
disposal, Waste treatment and disposal.
Dated: July 15, 1999.
Carol M. Browner,
Administrator.
For the reasons set forth in the
preamble, chapter I of title 40 of the
Code of Federal Regulations is amended
as follows:
PART 9—OMB APPROVALS UNDER
THE PAPERWORK REDUCTION ACT
1. The authority citation for part 9
continues to read as follows:
Authority: 7 U.S.C. 135 et seq, 136~136y:
15 U.S.C. 2001, 2003, 2005, 2006, 2601-2671;
21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,
1321, 1326, 1330. 1342, 1344, 1345 (d) and
(e), 1361: E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241,
242b, 243. 246, 300f. 300g, 300g-l, 300g-2,
300g-3, 300g-4, 300g-5, 300g-6. SOOj-1,
SOOj-2, SOOj-3, SOOj-4, SOOj-9, 1857 et seq.,
6901-6992K, 7401-7671q, 7542, 9601-9657,
11023, 11048.
2. In § 9.1 the table is amended by
adding entries in numerical order under
the indicated headings, removing the
entry for "122.21(j)(4)", and revising the
entry for "123.25" to read as follows:
§9.1 OMB approvals under the Paperwork
Reduction Act.
40 CFR citation
OMB con-
trol No.
EPA Administered Permit Programs: The
National Pollutant Discharge Elimination
System
122.21 (j), (q) 2040-0086
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Federal Register/Vol. 64, No. 149/Wednesday. August 4, 1999/Rules and Regulations
40 CFR citation
OMB con-
trol No.
122.44(|) 2040-0150
State Permit Requirements
123.25
2040-0004
2040-0110
2040-0170
2040-0180
2040-0086
PART 122—EPA ADMINISTERED
PERMIT PROGRAMS: THE NATIONAL
POLLUTANT DISCHARGE
ELIMINATION SYSTEM
3. The authority citation for Part 122
continues to read as follows:
Authority: Clean Water Act. 33 U.S.C. 1251
et seq.
4. Section 122.2 is amended by
adding a definition for "Indian country"
and "TWTDS" in alphabetical order to
read as follows:
§122.2 Definitions.
* » * * *
Indian country means:
(I) All land within the limits of any
Indian reservation under the
jurisdiction of the United States
Government, notwithstanding the
issuance of any patent, and, including
rights-of-way running through the
reservation;
(2) All dependent Indian communities
with the borders of the United States
whether within the originally or
subsequently acquired territory thereof,
and whether within or without the
limits of a state; and
(3) All Indian allotments, the Indian
titles to which have not been
extinguished, including rights-of-way
running through the same.
» % * * *
TWTDS means "treatment works
treating domestic sewage."
*****
5. Section 122.21 is amended by
revising paragraphs (a). (c)(2), the
introductory text of paragraph (f), and
paragraph (j); removing and reserving
paragraph (d)(3); revising paragraph (e);
and by adding paragraph (q) before the
notes to read as follows:
§122.21 Application for a permit
(applicable to State programs, see f?3.25).
(a) Duty to apply. (1) Any person who
discharges or proposes to discharge
pollutants or who owns or operates a
"sludge-only facility" whose sewage
sludge use or disposal practice is
- regulated by part 503 of this chapter,
and who does not have an effective
permit, except persons covered by
general permits under § 122.28,
excluded under § 122.3, or a user of a
privately owned treatment works unless
the Director requires otherwise under
§ 122.44(m), must submit a complete
application to the Director in
accordance with this section and part
124 of this chapter.
(2) Application Forms:(i) All
applicants for EPA-issued permits must
submit applications on EPA permit
application forms. More than one
application form may be required from
a facility depending on the number and
types of discharges or outfalls found
there. Application forms may be
obtained by contacting the EPA water
resource center at (202) 260-7786 or
Water Resource Center, U.S. EPA, Mail
Code 4100, 401 M Street, S.W.,
Washington, DC 20460 or at the EPA
Internet site www.epa.gov/owm/
npdes.htm. Applications for EPA-issued
permits must be submitted as follows:
(A) All applicants, other than POTWs
and TWTDS, must submit Form 1.
(B) Applicants for new and existing
POTWs must submit the information
contained in paragraph (j) of this section
using Form 2A or other form provided
by the director.
(C) Applicants for concentrated
animal feeding operations or aquatic
animal production facilities must
submit Form 2B.
(D) Applicants for existing industrial
facilities (including manufacturing
facilities, commercial facilities, mining
activities, and silvicultural activities),
must submit Form 2C.
(E) Applicants for new industrial
facilities that discharge process
wastewater must submit Form 2D.
(F) Applicants for new and existing
industrial facilities that discharge only
nonprocess wastewater must submit
Form 2E.
(G) Applicants for new and existing
facilities whose discharge is composed
entirely of storm water associated with
industrial activity must submit Form 2F,
unless exempted by § 122.26(c)(l)(ii). If
the discharge is composed of storm
water and non-storm water, the
applicant must also submit. Forms 2C,
2D, and/or 2E, as appropriate (in
addition to Form 2F).
(H) Applicants for new and existing
TWTDS. subject to paragraph (c)(2)(i) of
this section must submit the application
information required by paragraph (q) of
this section, using Form 2S or other
form provided by the director.
(ii) The application information
required by paragraph (a)(2)(i) of this
section may be electronically submitted
if such method of submittal is approved
by EPA or the Director.
(iii) Applicants can obtain copies of
these forms by contacting the Water
Management Divisions (or equivalent
division which contains the NPDES
permitting function) of the EPA
Regional Offices. The Regional Offices'
. addresses can be found at § 1.7 of this
chapter.
(iv) Applicants for State-issued
permits must use State forms which
must require at a minimum the
information listed in the appropriate
paragraphs of this section.
*****
(c) * * *
(2) Permits under section 405(f) of
CWA. All TWTDS whose sewage sludge
use or disposal practices are regulated
by part 503 of this chapter must submit
permit applications according to the
applicable schedule in paragraphs
(c)(2)(i) or (ii) of this section.
(i) A TWTDS with a currently
effective NPDES permit must submit a
permit application at the time of its next
NPDES permit renewal application.
Such information must be submitted in
accordance with paragraph (d) of this
section.
(ii) Any other TWTDS not addressed
under paragraphs (c)(2)(i) of this section
must submit the information listed in
paragraphs (c) (2) (ii) (A) through (E) of
this section to the Director within 1 year
after publication of a standard
applicable to its sewage sludge use or
disposal practice (s), using Form 2S or
another form provided by the Director.
The Director will determine when such
TWTDS must submit a full permit
application.
(A) The TWTDS's name, mailing
address, location, and status as federal,
State, private, public or other entity;
(B) The applicant's name, address,
telephone number, and ownership
status;
(C) A description of the sewage sludge
use or disposal practices. Unless the
sewage sludge meets the requirements
of paragraph (q)(8)(iv) of this section,
the description must include the name
and address of any facility where
sewage sludge is sent for treatment or
disposal, and the location of any land
application sites;
(D) Annual amount of sewage sludge
generated, treated, used or disposed
(estimated dry weight basis); and
(E) The most recent data the TWTDS
may have on the quality of the sewage
sludge.
(iii) Notwithstanding paragraphs
(c)(2)(i) or (ii) of this section, the
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Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations 42463
Director may require permit
applications from any TWTDS at any
time if the Director determines that a
permit is necessary to protect public
health and the environment from any
potential adverse effects that may occur
from toxic pollutants in sewage sludge.
(iv) Any TWTDS that commences
operations after promulgation of an
applicable "standard for sewage sludge
use or disposal" must submit an
application to the Director at least 180
days prior to the date proposed for
commencing operations.
(d) * * *
(3) [Reserved]
(e) Completeness. (1) The Director
shall not issue a permit before receiving
a complete application for a permit
except for NPDES general permits. An
application for a permit is complete
when the Director receives an
application form and any supplemental
information which are completed to his
or her satisfaction. The completeness of
any application for a permit shall be
judged independently of the status of
any other permit application or permit
for the same facility or activity. For EPA
administered NPDES programs, an
application which is reviewed under
§ 124.3 of this chapter is complete when
the Director receives either a complete
application or the information listed in
a notice of deficiency.
(2) A permit application shall not be
considered complete if a permitting
authority has waived application
requirements under paragraphs (j) or (q)
of this section and EPA has disapproved
the waiver application. If a waiver
request has been submitted to EPA more
than 210 days prior to permit expiration
and EPA has not disapproved the
waiver application 181 days prior to
permit expiration, the permit
application lacking the information
subject to the waiver application shall
be considered complete.
(f) Information requirements. All
applicants for NPDES permits, other
than POTWs and other TWTDS, must
provide the following information to the
Director, using the application form
provided by the Director. Additional
information required of applicants is set
forth in paragraphs (g) through (k) of
this section.
*****
(j) Application requirements for new
and existing POTWslJnless otherwise
indicated, all POTWs and other
dischargers designated by the Director
must provide, at a minimum, the
information in this paragraph to the
Director, using Form 2A or another
application form provided by the
Director. Permit applicants must submit
all information available at the time of
permit application. The information
may be provided by referencing
information previously submitted to the
Director. The Director may waive any
requirement of this paragraph if he or
she has access to substantially identical
information. The Director may also
waive any requirement of this paragraph
that is not of material concern for a
specific permit, if approved by the
Regional Administrator. The waiver
request to the Regional Administrator
must include the State's justification for
the waiver. A Regional Administrator's
disapproval of a State's proposed waiver
does not constitute final Agency action,
but does provide notice to the State and
permit applicants) that EPA may object
to any State-issued permit issued in the
absence of the required information.
(1) Basic application information. All
applicants must provide the following
information:
(i) Facility information.Name,
mailing address, and location of the
facility for which the application is
submitted;
(ii) Applicant information.Name,
mailing address, and telephone number
of the applicant, and indication as to
whether the applicant is the facility's
owner, operator, or botn;
(iii) Existing environmental permits.
Identification of all environmental
permits or construction approvals
received or applied for (including dates)
under any of the following programs:
(A) Hazardous Waste Management
program under the Resource
Conservation and Recovery Act (RCRA),
Subpart C;
(B) Underground Injection Control
program under the Safe Drinking Water
Act (SDWA);
(C) NPDES program under Clean
Water Act (CWA);
(D) Prevention of Significant
Deterioration (PSD) program under the
Clean Air Act;
(E) Nonattainment program under the
Clean Air Act;
(F) National Emission Standards for
Hazardous Air Pollutants (NESHAPS)
preconstruction approval under the
Clean Air Act;
(G) Ocean dumping permits under the
Marine Protection Research and
Sanctuaries Act;
(H) Dredge or fill permits under
section 404 of the CWA; and
(I) Other relevant environmental
permits, including State permits;
(iv) Population. The name and
population of each municipal entity
served by the facility, including
unincorporated connector districts.
Indicate whether each municipal entity
owns or maintains the collection system
and whether the collection system is
separate sanitary or combined storm and
sanitary, if known;
(v) Indian country. Information
concerning whether the facility is
located in Indian country and whether
the facility discharges to a receiving
stream that flows through Indian
country;
(vi) Flow rate.The facility's design
flow rate (the wastewater flow rate the
plant was built to handle), annual
average daily flow rate, and maximum
daily flow rate for each of the previous
3 years;
(vii) Collection system.Identification
of type(s) of collection system(s) used by
the treatment works (i.e., separate
sanitary sewers or combined storm and
sanitary sewers) and an estimate of the
percent of sewer line that each type
comprises; and
(viii) Outfalls and other discharge or
disposal methods.The following
information for outfalls to waters of the
United States and other discharge or
disposal methods:
(A) For effluent discharges to waters
of the United States, the total number
and types of outfalls (e.g. treated
effluent, combined sewer overflows,
bypasses, constructed emergency
overflows);
(B) For wastewater discharged to
surface impoundments:
(1) The location of each surface
impoundment;
(2) The average daily volume
discharged to each surface
impoundment; and
(3) Whether the discharge is
continuous or intermittent;
(C) For wastewater applied to the
land:
(1) The location of each land
application site;
(2) The size of each land application
site, in acres;
(3) The average daily volume applied
to each land application site, in gallons
per day; and
(4) Whether land application is
continuous or intermittent;
(D) For effluent sent to another facility
for treatment prior to discharge:
(1) The means by which the effluent
is transported;
(2) The name, mailing address,
contact person, and phone number of
the organization transporting the
discharge, if the transport is provided by
a party other than the applicant;
(3) The name, mailing address,
contact person, phone number, and
NPDES permit number (if any), of the
receiving facility; and
(4) The average daily flow rate from
this facility into the receiving facility, in
millions of gallons per day; and
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Federal Register/Vol. 64. No. 149/Wednesday. August 4, 1999/Rules and Regulations
(E) For wastewater disposed of in a
manner not included in paragraphs
0)(l)(viii)(A) through (D) of this section
(e.g., underground percolation.
underground injection):
(1) A description of the disposal
method, including the location and size
of each disposal site, if applicable;
(2) The annual average daily volume
disposed of by this method, in gallons
per day; and
(3) Whether disposal through this
method is continuous or intermittent;
(2) Additional Information.All
applicants with a design flow greater
than or equal to 0.1 mgd must provide
the following information:
(i) Inflow and infiltratiorilh& current
average daily volume of inflow and
Infiltration, in gallons per day, and steps
the facility is taking to minimize inflow
and infiltration;
(ii) Topographic map. A topographic
map (or other map if a topographic map
is unavailable) extending at least one
mile beyond property boundaries of the
treatment plant, including all unit
processes, and showing:
(A) Treatment plant area and unit
processes;
(B) The major pipes or other
structures through which wastewater
enters the treatment plant and the pipes
or other structures through which
treated wastewater is discharged from
the treatment plant. Include outfalls
from bypass piping, if applicable;
(C) Each well where fluids from the
treatment plant are injected
underground:
(D) Wells, springs, and other surface
water bodies listed in public records or
otherwise known to the applicant
within '/4 mile of the treatment works'
property boundaries;
(E) Sewage sludge management
facilities (including on-site treatment,
storage, and disposal sites); and
(F) location at which waste classified
as hazardous under RCRA enters the
treatment plant by truck, rail, or
dedicated pipe;
(iii) Process flow diagram or
schematic.
(A) A diagram showing the processes
of the treatment plant, including all
bypass piping and all backup power
sources or redundancy in the system.
This includes a water balance showing
all treatment units, including
disinfection, and showing daily average
flow rates at influent and discharge
points, and approximate daily flow rates
between treatment units; and
(B) A narrative description of the
diagram: and
(iv) Scheduled improvements,
schedules of implementationlhe
following information regarding
scheduled improvements:
(A) The outfall number of each outfall
affected;
(B) A narrative description of each
required improvement;
(C) Scheduled or actual dates of
completion for the following:
(1) Commencement of construction;
(2) Completion of construction;
(3) Commencement of discharge; and
(4) Attainment of operational level;
(D) A description of permits and
clearances concerning other Federal
and/or State requirements;
(3) Information on effluent discharges.
Each applicant must provide the
following information for each outfall,
including bypass points, through which
effluent is discharged, as applicable:
(i) Description of outfall. The
following information about each
outfall:
(A) Outfall number;
(B) State, county, and city or town in
which outfall is located;
(C) Latitude and longitude, to the
nearest second;
(D) Distance from shore and depth
below surface;
(E) Average daily flow rate, in million
gallons per day;
(F) The following information for each
outfall with a seasonal or periodic
discharge:
(1) Number of times per year the
discharge occurs;
(2) Duration of each discharge;
(3) Flow of each discharge; and
(4) Months in which discharge occurs;
and
(G) Whether the outfall is equipped
with a diffuser and the type (e.g., high-
rate) of diffuser used;
(ii) Description of receiving waters.
The following information (if known)
for each outfall through which effluent
is discharged to waters of the United
States:
(A) Name of receiving water;
(B) Name of watershed/river/stream
system and United States Soil
Conservation Service 14-digit watershed
code;
(C) Name of State Management/River
Basin and United States Geological
Survey 8-digit hydrologic cataloging
unit code; and
(D) Critical flow of receiving stream
and total hardness of receiving stream at
critical low flow (if applicable);
(iii) Description of treatmentlhe
following information describing the
treatment provided for discharges from
each outfall to waters of the United
States:
(A) The highest level of treatment
(e.g., primary, equivalent to secondary,
secondary, advanced, other) that is
provided for the discharge for each
outfall and:
(1) Design biochemical oxygen
demand (BOD5 or CBOD5) removal
(percent);
(2) Design suspended solids (SS)
removal (percent); and, where
applicable,
(3) Design phosphorus (P) removal
(percent);
(4) Design nitrogen (N) removal
(percent); and
(5) Any other removals that an
advanced treatment system is designed
to achieve.
(B) A description of the type of
disinfection used, and whether the
treatment plant dechlorinates (if
disinfection is accomplished through
chlorination);
(4) Effluent monitoring for specific
parameters.
(i) As provided in paragraphs (j)(4)(ii)
through (x) of this section, all applicants
must submit to the Director effluent
monitoring information for samples
taken from each outfall through which
effluent is discharged to waters of the
United States, except for CSOs. The
Director may allow applicants to submit
sampling data for only one outfall on a
case-by-case basis, where the applicant
has two or more outfalls with
substantially identical effluent. The
Director may also allow applicants to
composite samples from one or more
outfalls that discharge into the same
mixing zone;
(ii) All applicants must sample and
analyze for the pollutants listed in
Appendix J, Table 1A of this part;
(iii) All applicants with a design flow
greater than or equal to 0.1 mgd must
sample and analyze for the pollutants
listed in Appendix], Table 1 of this
part. Facilities that do not use chlorine
for disinfection, do not use chlorine
elsewhere in the treatment process, and
have no reasonable potential to
discharge chlorine in their effluent may
delete chlorine from Table 1;
(iv) The following applicants must
sample and analyze for the pollutants
listed in Appendix J. Table 2 of this
part, and for any other pollutants for
which the State or EPA have established
water quality standards applicable to
the receiving waters:
(A) All POTWs with a design flow
rate equal to or greater than one million
gallons per day;
(B) All POTWs with approved
pretreatment programs or POTWs
required to develop a pretreatment
program;
(C) Other POTWs, as required by the
Director;
(v) The Director should require
sampling for additional pollutants, as
appropriate, on a case-by-case basis;
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federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations 42465
(vi) Applicants must provide data
from a minimum of three samples taken
within four and one-half years prior to
the date of the permit application.
Samples must be representative of the
seasonal variation in the discharge from
each outfall. Existing data may be used,
if available, in lieu of sampling done
solely for the purpose of this
application. The Director should require
additional samples, as appropriate, on a
case-by-case basis.
(vii) All existing data for pollutants
specified in paragraphs (j)(4)(ii) through
(v) of this section that is collected
within four and one-half years of the
application must be included in the
pollutant data summary submitted by
the applicant. If, however, the applicant
samples for a specific pollutant on a
monthly or more frequent basis, it is
only necessary, for such pollutant, to
summarize all data collected within one
year of the application.
(viii) Applicants must collect samples
of effluent and analyze such samples for
pollutants in accordance with analytical
methods approved under 40 CFR part
136 unless an alternative is specified in
the existing NPDES permit. Grab
samples must be used for pH,
temperature, cyanide, total phenols,
residual chlorine, oil and grease, and
fecal coliform. For all other pollutants,
24-hour composite samples must be
used. For a composite sample, only one
analysis of the composite of aliquots is
required.
(ix) The effluent monitoring data
provided must include at least the
following information for each
parameter:
(A) Maximum daily discharge,
expressed as concentration or mass,
based upon actual sample values;
(B) Average daily discharge for all
samples, expressed as concentration or
mass, and the number of samples used
to obtain this value;
(C) The analytical method used; and
(D) The threshold level (i.e., method
detection limit, minimum level, or other
designated method endpoints) for the
analytical method used.
(x) Unless otherwise required by the
Director, metals must be reported as
total recoverable.
(5) Effluent monitoring for whole
effluent toxicity.
(i) All applicants must provide an
identification of any whole effluent
toxicity tests conducted during the four
and one-half years prior to the date of
the application on any of the applicant's
discharges or on any receiving water
near the discharge.
(ii) As provided in paragraphs
(j)(5)(iii)-(ix) of this section, the
following applicants must submit to the
Director the results of valid whole
effluent toxicity tests for acute or
chronic toxicity for samples taken from
each outfall through which effluent is
discharged to surface waters, except for
combined sewer overflows:
(A) All POTWs with design flow, rates
greater than or equal to one million
gallons per day;
(B) All POTWs with approved
pretreatment programs or POTWs
required to develop a pretreatment
program;
(C) Other POTWs, as required by the
Director, based on consideration of the
following factors:
(1) The variability of the pollutants or
pollutant parameters in the POTW
effluent (based on chemical-specific
information, the type of treatment plant,
and types of industrial contributors);
(2) The ratio of effluent flow to
receiving stream flow;
(3) Existing controls on point or non-
point sources, including total maximum
daily load calculations for the receiving
stream segment and the relative
contribution of the POTW;
(4) Receiving stream characteristics,
including possible or known water
quality impairment, and whether the
POTW discharges to a coastal water, one
of the Great Lakes, or a water designated
as an outstanding natural resource
water; or
(5) Other considerations (including,
but not limited to, the history of toxic
impacts and compliance problems at the
POTW) that the Director determines
could cause or contribute to adverse
water quality impacts.
(iii) Where the POTW has two or more
outfalls with substantially identical
effluent discharging to the same.
receiving stream segment, the Director
may allow applicants to submit whole
effluent toxicity data for only one outfall
on a case-by-case basis. The Director
may also allow applicants to composite
samples from one or more outfalls that
discharge into the same mixing zone.
(iv) Each applicant required to
perform whole effluent toxicity testing
pursuant to paragraph (j)(5)(ii) of this
section must provide:
(A) Results of a minimum of four
quarterly tests for a year, from the year
preceding the permit application; or
(B) Results from four tests performed
at least annually in the four and one half
year period prior to the application,
provided the results show no
appreciable toxicity using a safety factor
determined by the permitting authority.
(v) Applicants must conduct tests
with multiple species (no less than two
species; e.g., fish, invertebrate, plant),
and test for acute or chronic toxicity,
depending on the range of receiving
water dilution. EPA recommends that
applicants conduct acute or chronic
testing based on the following dilutions:
(A) Acute toxicity testing if the
dilution of the effluent is greater than
1000:1 at the edge of the mixing zone;
(B) Acute or chronic toxicity testing if
the dilution of the effluent is between
100:1 and 1000:1 at the edge of the
mixing zone. Acute testing may be more
appropriate at the higher end of this
- range (1000:1), and chronic testing may
be more appropriate at the lower end of
this range (100:1); and
(C) Chronic testing if the dilution of
the effluent is less than 100:1 at the edge
of the mixing zone.
(vi) Each applicant required to
perform whole effluent toxicity testing
pursuant to paragraph (j)(5)(ii) of this
section must provide the number of
chronic or acute whole effluent toxicity
tests that have been conducted since the
last permit reissuance.
(vii) Applicants must provide the
results using the form provided by the
Director, or test summaries if available
and comprehensive, for each whole
effluent toxicity test conducted
pursuant to paragraph (j)(5)(ii) of this
section for which such information has
not been reported previously to the
Director.
(viii) Whole effluent toxicity testing
conducted pursuant to paragraph
(j)(5)(ii) of this section must be
conducted using methods approved
under 40 CFR part 136. West coast
facilities in Washington, Oregon,
California, Alaska, Hawaii, and the .
Pacific Territories are exempted from 40
CFR part 136 chronic methods and must
use alternative guidance as directed by
the permitting authority.
(ix) For whole effluent toxicity data
submitted to the Director within four
and one-half years prior to the date of
the application, applicants must provide
the dates on which the data were
submitted and a summary of the results.
(x) Each POTW required to perform
whole effluent toxicity testing pursuant
to paragraph (j)(5)(ii) of this section
must provide any information on the
cause of toxicity and written details of
any toxicity reduction evaluation
conducted, if any whole effluent
toxicity test conducted within the past
four and one-half years revealed
toxicity.
(6) Industrial discharges. Applicants
must submit the following information
about industrial discharges to the
POTW:
(i) Number of significant industrial
users (SIUs) and categorical industrial
users (CIUs) discharging to the POTW;
and
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42466 Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations
(ii) POTWs with one or more SIUs
shall provide the following information
for each SIU, as defined at 40 CFR
403.3(t), that discharges to the POTW:
(A) Name and mailing address;
(B) Description of all industrial
processes that affect or contribute to the
SIU's discharge:
(C) Principal products and raw
materials of the SIU that affect or
contribute to the SIU's discharge;
(D) Average daily volume of
wastewater discharged, indicating the
amount attributable to process flow and
non-process flow;
(E) Whether the SIU is subject to local
limits;
(F) Whether the SIU is subject to
categorical standards, and if so, under
which category(ies) and
subcategory(ies); and
(G) Whether any problems at the
POTW (e.g., upsets, pass through,
interference) have been attributed to the
SIU in the past four and one-half years.
(iii) The information required in
paragraphs Q)(6)(i) and (ii) of this
section may be waived by the Director
for POTWs with pretreatment programs
Jif the applicant has submitted either of
the following that contain information
substantially identical to that required
in paragraphs Q)(6)(i) and (ii) of this
section.
(A) An annual report submitted
within one year of the application; or
(B) A pretreatment program;
(7) Discharges from hazardous waste
generators and from waste cleanup or
remediation sites. POTWs receiving
Resource Conservation and Recovery
Act (RCRA), Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA). or RCRA Corrective Action
wastes or wastes generated at another
type of cleanup or remediation site must
provide the following information:
(i) If the POTW receives, or has been
notified that it will receive, by truck,
rail, or dedicated pipe any wastes that
are regulated as RCRA hazardous wastes
pursuant to 40 CFR part 261, the
applicant must report the following:
(A) The method by which the waste
is received (i.e.. whether by truck, rail.
or dedicated pipe); and
(B) The hazardous waste number and
amount received annually of each
hazardous waste;
(ii) If the POTW receives, or has been
notified that it will receive, wastewaters
that originate from remedial activities.
including those undertaken pursuant to
CERCLA and sections 3004 (u) or
3008(h) of RCRA. the applicant must
report the following:
(A) The identity and description of
the site(s) or facility(ies) at which the
wastewater originates;
(B) The identities of the wastewater's
hazardous constituents, as listed in
Appendix VIII of part 261 of this
chapter; if known; and
(C) The extent of treatment, if any, the
wastewater receives or will receive
before entering the POTW;
(iii) Applicants are exempt from the
requirements of paragraph (j) (7) (ii) of
this section if they receive no more than
fifteen kilograms per month of
hazardous wastes, unless the wastes are .
acute hazardous wastes as specified in
40 CFR 261.30(d) and 261.33(e).
(8) Combined sewer overflowsEach
applicant with combined sewer systems
must provide the following information:
(i) Combined sewer system
information. The following information
regarding the combined sewer system:
(A) System map. A map indicating the
location of the following:
(1) All CSO discharge points;
(2) Sensitive use areas potentially
affected by CSOs (e.g., beaches, drinking
water supplies, shellfish beds, sensitive
aquatic ecosystems, and outstanding
national resource waters); and
(3) Waters supporting threatened and
endangered species potentially affected
by CSOs: and
(B) System diagram. A diagram of the
combined sewer collection system that
includes the following information:
(1) The location of major sewer trunk
lines, both combined and separate
sanitary;
(2) The locations of points where
separate sanitary sewers feed into the
combined sewer system;
(3) In-line and off-line storage
structures;
(4) The locations of flow-regulating
devices; and
(5) The locations of pump stations;
(ii) Information on CSO outfallsThe
following information for each CSO
discharge point covered by the permit
application:
(A) Description of outfall. The
following information on each outfall:
(1) Outfall number;
(2) State, county, and city or town in
which outfall is located;
(3) Latitude and longitude, to the
nearest second; and
(4) Distance from shore and depth
below surface;
(5) Whether the applicant monitored
any of the following in the past year for
this CSO:
(i) Rainfall;
(it) CSO flow volume;
(Hi) CSO pollutant concentrations;
(iv) Receiving water quality;
(v) CSO frequency; and
(6) The number of storm events
monitored in the past year;
(B) CSO events.The following
information about CSO overflows from
each outfall:
(1) The number of events in the past
year;
(2) The average duration per event, if
available;
(3) The average volume per CSO
event, if available; and
(4) The minimum rainfall that caused
a CSO event, if available, in the last
year;
(C) Description of receiving waters.
The following information about
receiving waters:
(1) Name of receiving water;
(2) Name of watershed/stream system
and the United States Soil Conservation
Service watershed (14-digit) code (if
known); and
(3) Name of State Management/River
Basin and the United States Geological
Survey hydrologic cataloging unit (8-
digit) code (if known); and
(D) CSO operations. A description of
any known water quality impacts on the
receiving water caused by the CSO (e.g.,
permanent or intermittent beach
closings, permanent or intermittent
shellfish bed closings, fish kills, fish
advisories, other recreational loss, or
exceedance of any applicable State
water quality standard);
(9) Contractors. All applicants must
provide the name, mailing address,
telephone number, and responsibilities
of all contractors responsible for any
operational or maintenance aspects of
the facility; and
(10) Signature. All applications must
be signed by a certifying official in
compliance with § 122.22.
* * * * *
(q) Sewage sludge management. All
TWTDS subject to paragraph (c)(2)(i) of
this section must provide the
information in this paragraph to the
Director, using Form 2S or another
application form approved by the
Director. New applicants must submit
all information available at the time of
permit application. The information
may be provided by referencing
information previously submitted to the
Director. The Director may waive any
requirement of this paragraph if he or
she has access to substantially identical
information. The Director may also
waive any requirement of this paragraph
thcit is not of material concern for a
specific permit, if approved by the
Regional Administrator. The waiver
request to the Regional Administrator
must include the State's justification for
the waiver. A Regional Administrator's
disapproval of a State's proposed waiver
does not constitute final Agency action,
but does provide notice to the State and
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Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations 42467
permit applicants) that EPA may object
to any State-issued permit issued in the
absence of the required information.
(1) Facility in formation. All
applicants must submit the following
information:
(i) The name, mailing address, and
location of the TWTDS for which the
application is submitted;
(ii) Whether the facility is a Class I
Sludge Management Facility;
(iii) The design flow rate (in million
gallons per day);
(iv) The total population served; and
(v) The TWTDS's status as Federal,
State, private, public, or other entity;
(2) Applicant information.All
applicants must submit the following
information:
(i) The name, mailing address, and
telephone number of the applicant; and
(ii) Indication whether the applicant
is the owner, operator, or both;
(3) Permit in formation. All applicants
must submit the facility's NPDES permit
number, if applicable, and a listing of all
other Federal, State, and local permits
or construction approvals received or
applied for under any of the following
programs:
(i) Hazardous Waste Management
program under the Resource
Conservation and Recovery Act (RCRA);
(ii) UIC program under the Safe
Drinking Water Act (SDWA);
(iii) NPDES program under the Clean
Water Act (CWA);
(iv) Prevention of Significant
Deterioration (PSD) program under the
Clean Air Act;
(v) Nonattainment program under the
Clean Air Act;
(vi) National Emission Standards for
Hazardous Air Pollutants (NESHAPS)
preconstruction approval under the
Clean Air Act;
(vii) Dredge or fill permits under
section 404 of CWA;
(viii) Other relevant environmental
permits, including State or local
permits;
(4) Indian country.All applicants
must identify any generation, treatment,
storage, land application, or disposal of
sewage sludge that occurs in Indian
country;
(5) Topographic map.All applicants
must submit a topographic map (or
other map if a topographic map is
unavailable) extending one mile beyond
property boundaries of the facility and
showing the following information:
(i) All sewage sludge management
facilities, including on-site treatment,
storage, and disposal sites; and
(ii) Wells, springs, and other surface
water bodies that are within Vi mile of
the property boundaries and listed in
public records or otherwise known to
the applicant;
(6) Sewage sludge handlingAll
applicants must submit a line drawing
and/or a narrative description that
identifies all sewage sludge
management practices employed during
the term of the permit, including all
units used for collecting, dewatering,
storing, or treating sewage sludge, the
destination^) of all liquids and solids
leaving each such unit, and all
processes used for pathogen reduction
and vector attraction reduction;
(7) Sewage sludge qualityThe
applicant must submit sewage sludge
monitoring data for the pollutants for
which limits in sewage sludge have
been established in 40 CFR part 503 for
the applicant's use or disposal practices
on the date of permit application.
(i) The Director may require sampling
for additional pollutants, as appropriate,
on a case-by-case basis;
(ii) Applicants must provide data
from a minimum of three samples taken
within four and one-half years prior to
the date of the permit application.
Samples must be representative of the
sewage sludge and should be taken at
least one month apart. Existing data may
be used in lieu of sampling done solely
for the purpose of this application;
(iii) Applicants must collect and
analyze samples in accordance with
analytical methods approved under
SW-846 unless an alternative has been
specified in an existing sewage sludge
permit;
(iv) The monitoring data provided
must include at least the following
information for each parameter:
(A) Average monthly concentration
for all samples (mg/kg dry weight),
based upon actual sample values;
(B) The analytical method used; and
(C) The method detection level.
(8) Preparation-of sewage sludgSS
the applicant is a "person who
prepares" sewage sludge, as defined at
40 CFR 503.9(r). the applicant must
provide the following information:
(i) If the applicant's facility generates
sewage sludge, the total dry metric tons
per 365-day period generated at the
facility;
(ii) If the applicant's facility receives
sewage sludge from another facility, the
following information for each facility
from which sewage sludge is received:
(A) The name, mailing address, and
location of the other facility;
(B) The total dry metric tons per 365-
day period received from the other
facility; and
(C) A description of any treatment
processes occurring at the other facility,
including blending activities and
treatment to reduce pathogens or vector
attraction characteristics;
(iii) If the applicant's facility changes
the quality of sewage sludge through
blending, treatment, or other activities,
the following information:
(A) Whether the Class A pathogen
reduction requirements in 40 CFR
503.32(a) or the Class B pathogen
reduction requirements in 40 CFR
503.32(b) are met, and a description of
any treatment processes used to reduce
pathogens in sewage sludge;
(B) Whether any of the vector
attraction reduction options of 40 CFR
503.33(b)(l) through (b)(8) are met, and
a description of any treatment processes
used to reduce vector attraction
properties in sewage sludge; and
(C) A description of any other
blending, treatment, or other activities
that change the quality of sewage
sludge;
(iv) If sewage sludge from the
applicant's facility meets the ceiling
concentrations in 40 CFR 503.13 (b)(l),
the' pollutant concentrations in
§ 503.13(b)(3), the Class A pathogen
requirements in § 503.32(a), and one of
the vector attraction reduction
requirements in § 503.33(b)(l) through
(b)(8), and if the sewage sludge is
applied to the land, the applicant must
provide the total dry metric tons per
365-day period of sewage sludge subject
to this paragraph that is applied to the
land;
(v) If sewage sludge from the
applicant's facility is sold or given away
in a bag or other container for
application to the land, and the sewage
sludge is not subject to paragraph
(q)(8)(iv) of this section, the applicant
must provide the following information:
(A) The total dry metric tons per 365-
day period of sewage sludge subject to
this paragraph that is sold or given away
in a bag or other container for
application to the land; and
(B) A copy of all labels or notices that
accompany the sewage sludge being
sold or given away;
(vi) If sewage sludge from the
applicant's facility is provided to
another "person who prepares," as
defined at 40 CFR 503.9(r), and the
sewage sludge is not subject to
paragraph (q)(8)(iv) of this section, the
applicant must provide the following
information for each facility receiving
the sewage sludge:
(A) The name and mailing address of
the receiving facility;
(B) The total dry metric tons per 365-
day period of sewage sludge subject to
this paragraph that the applicant
provides to the receiving facility;
(C) A.description of any treatment
processes occurring at the receiving
facility, including blending activities
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42468 Federal Register/Vol. 64. No. 149/Wednesday. August 4. 1999/Rules and Regulations
and treatment to reduce pathogens or
vector attraction characteristic:
(D) A copy of the notice and necessary
Information that the applicant is
required to provide the receiving facility
under 40 CFR 50342(g); and
(E) If the receiving facility places
sewage sludge in bags or containers for
sale or give-away to application to the
land, a copy of any labels or notices that
accompany the sewage sludge;
(9) Land application of bulk sewage
sludge. If sewage sludge from the
applicant's facility is applied to the land
in bulk form, and is not subject to
paragraphs (q)(8)(iv), (v). or (vi) of this
section, the applicant must provide the
following information:
(i) The total dry metric tons per 365-
day period of sewage sludge subject to
this paragraph that is applied to the
land;
(ii) If any land application sites are
located in States other than the State
where the sewage sludge is prepared, a
description of how the applicant will
notify the permitting authority for the
State(s) where the land application sites
are located;
(iii) The following information for
each land application site that has been
identified at the time of permit
application:
(A) The name (if any), and location for
the land application site;
(B) The site's latitude and longitude to
the nearest second, and method of
determination;
(C) A topographic map (or other map
if a topographic map is unavailable) that
shows the site's location;
(D) The name, mailing address, and
telephone number of the site owner, if
different from the applicant;
(E) The name, mailing address, and
telephone number of the person who
applies sewage sludge to the site, if
different from the applicant;
(F) Whether the site is agricultural
land, forest, a public contact site, or a
reclamation site, as such site types are
defined under 40 CFR 503.11;
(G) The type of vegetation grown on
the site, if known, and the nitrogen
requirement for this vegetation;
(H) Whether either of the vector
attraction reduction options of 40 CFR
503.33(b)(9) or (b)(10) is met at the site.
and a description of any procedures
employed at the time of use to reduce
vector attraction properties in sewage
sludge; and
(0 Other information that describes
how the site will be managed, as
specified by the permitting authority.
(iv) The following information for
each land application site that has been
identified at the time of permit
application, if the applicant intends to
apply bulk sewage sludge subject to the
cumulative pollutant loading rates in 40
CFR503.13(b)(2)tothesite:
(A) Whether the applicant has
contacted the permitting authority in
the State where the bulk sewage sludge
subject to §503.13(b)(2) will be applied.
to ascertain whether bulk sewage sludge
subject to § 503.13(b)(2) has been
applied to the site on or since July 20,
1993, and if so, the name of the
permitting authority and the name and
phone number of a contact person at the
permitting authority;
(B) Identification of facilities other
than the applicant's facility that have
sent, or are sending, sewage sludge
subject to the cumulative pollutant
loading rates in § 503.13(b)(2) to the site
since July 20, 1993. if, based on the
inquiry in paragraph (q)(iv)(A), bulk
sewage sludge subject to cumulative
pollutant loading rates in § 503.13(b) (2)
has been applied to the site since July
20, 1993;
(v) If not all land application sites
have been identified at the time of
permit application, the applicant must
submit a land application plan that, at
a minimum:
(A) Describes the geographical area
covered by the plan;
(B) Identifies the site selection
criteria;
(C) Describes how the site(s) will be
managed;
(D) Provides for advance notice to the
permit authority of specific land
application sites and reasonable time for
the permit authority to object prior to
land application of the sewage sludge;
and
(E) Provides for advance public notice
of land application sites in the manner
prescribed by State and local law. When
State or local law does not require
advance public notice, it must be
provided in a manner reasonably
calculated to apprize the general public
of the planned land application.
(10) Surface disposal. If sewage
sludge from the applicants-facility is
placed on a surface disposal site, the
applicant must provide the following
information:
(i) The total dry metric tons of sewage
sludge from the applicant's facility that
is placed on surface disposal sites per
365-day period;
(ii) The following information for
each surface disposal site receiving
sewage sludge from the applicant's
facility that the applicant does not own
or operate:
(A) The site name or number, contact
person, mailing address, and telephone
number for the surface disposal site; and
(B) The total dry metric tons from the
applicant's facility per 365-day period
placed on the surface disposal site;
(iii) The following information for
each active sewage sludge unit at each
surface disposal site that the applicant
owns or operates:
(A) The name or number and the
location of the active sewage sludge
unit;
(B) The unit's latitude and longitude
to the nearest second, and method of
determination;
(C) If not already provided, a
topographic map (or other map if a
topographic map is unavailable) that
shows the unit's location;
(D) The total dry metric tons placed
on the active sewage sludge unit per
365-day period;
(E) The total dry metric tons placed
on the active sewage sludge unit over
the life of the unit;
(F) A description of any liner for the
active sewage sludge unit, including
whether it has a maximum permeability
of 1 x 10~7 cm/sec;
(G) A description of any leachate
collection system for the active sewage
sludge unit, including the method used
for leachate disposal, and any Federal,
State, and local permit number(s) for
leachate disposal;
(H) If the active sewage sludge unit is
less than 150 meters from the property
line of the surface disposal site, the
actual distance from the unit boundary
to the site property line;
(I) The remaining capacity (dry metric
tons) for the active sewage sludge unit;
0) The date on which the active
sewage sludge unit is expected to close,
if such a date has been identified;
(K) The following information for any
other facility that sends sewage sludge
to the active sewage sludge unit:
(i) The name, contact person, and
mailing address of the facility; and
(2) Available information regarding
the quality of the sewage sludge
received from the facility, including any
treatment at the facility to reduce
pathogens or vector attraction
characteristics;
(L) Whether any of the vector
attraction reduction options of 40 CFR
503.33(b)(9) through (b)(l 1) is met at the
active sewage sludge unit, and a
description of any procedures employed
at the time of disposal to reduce vector
attraction properties in sewage sludge;
(M) The following information, as
applicable to any ground-water
monitoring occurring at the active
sewage sludge unit:
(1) A description of any ground-water
monitoring occurring at the active
sewage sludge unit;
(2) Any available ground-water
monitoring data, with a description of
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Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations 42469
the well locations and approximate
depth to ground water;
(3) A copy of any ground-water
monitoring plan that has been prepared
for the active sewage sludge unit;
(4) A copy of any certification that has
been obtained from a qualified ground-
water scientist that the aquifer has not
been contaminated; and
(N) If site-specific pollutant limits are
being sought for the sewage sludge
placed on this active sewage sludge
unit, information to support such a
request;
(11) Incineration. If sewage sludge
from the applicant's facility is fired in
a sewage sludge incinerator, the
applicant must provide the following
information:
(i) The total dry metric tons of sewage
sludge from the applicant's facility that
is fired in sewage sludge incinerators
per 365-day period;
(ii) The following information for
each sewage sludge incinerator firing
the applicant's sewage sludge that the
applicant does not own or operate:
(A) The name and/or number, contact
person, mailing address, and telephone
number of the sewage sludge
incinerator; and
(B) The total dry metric tons from the
applicant's facility per 365-day period
fired in the sewage sludge incinerator;
(iii) The following information for
each sewage sludge incinerator that the
applicant owns or operates:
(A) The name and/or number and the
location of the sewage sludge
incinerator;
(B) The incinerator's latitude and
longitude to the nearest second, and
method of determination;
(C) The total dry metric tons per 365-
day period fired in the sewage sludge
incinerator;
(D) Information, test data, and
documentation of ongoing operating
parameters indicating that compliance
with the National Emission Standard for
Beryllium in 40 CFR part 61 will be
achieved;
(E) Information, test data, and
documentation of ongoing operating
parameters indicating that compliance
with the National Emission Standard for
Mercury in 40 CFR part 61 will be
achieved;
(F) The dispersion factor for the
sewage sludge incinerator, as well as
modeling results and supporting
documentation;
(G) The control efficiency for
parameters regulated in 40 CFR 503.43.
as well as performance test results and
supporting documentation;
(H) Information used to calculate the
risk specific concentration (RSC) for
chromium, including the results of
incinerator stack tests for hexavalent
and total chromium concentrations, if
the applicant is requesting a chromium
limit based on a site-specific RSC value;
(I) Whether the applicant monitors
total hydrocarbons (THC) or Carbon
Monoxide (CO) in the exit gas for the
sewage sludge incinerator;
0) The type of sewage sludge
incinerator;
(K) The maximum performance test
combustion temperature, as obtained
during the performance test of the
sewage sludge incinerator to determine
pollutant control efficiencies;
(L) The following information on the
sewage sludge feed rate used during the
performance test:
(1) Sewage sludge feed rate in dry
metric tons per day;
(2) Identification of whether the feed
rate submitted is average use or
maximum design; and
(3) A description of how the feed rate
was calculated;
(M) The incinerator stack height in
meters for each stack, including
identification of whether actuator
creditable stack height was used;
(N) The operating parameters for the
sewage sludge incinerator air pollution
control device(s), as obtained during the
performance test of the sewage sludge
incinerator to determine pollutant
control efficiencies;
(O) Identification of the monitoring
equipment in place, including (but not
limited to) equipment to monitor the
following:
(1) Total hydrocarbons or Carbon
Monoxide;
(2) Percent oxygen;
(3) Percent moisture; and
(4) Combustion temperature; and
(P) A list of all air pollution control
equipment used with this sewage sludge
incinerator;
(12) Disposal in a municipal solid
waste landfill.If sewage sludge from the
applicant's facility is sent to a
municipal solid waste landfill
(MSWLF), the applicant must provide
the following information for each
MSWLF to which sewage sludge is sent:
(i) The name, contact person, mailing
address, location, and all applicable
permit numbers of the MSWLF;
(ii) The total dry metric tons per 365-
day period sent from this facility to the
MSWLF;
(iii) A determination of whether the
sewage sludge meets applicable
requirements for disposal of sewage
sludge in a MSWLF, including the
results of the paint filter liquids test and
any additional requirements that apply
on a site-specific basis; and
(iv) Information, if known, indicating
whether the MSWLF complies with
criteria set forth in 40 CFR part 258;
(13) Contractors. All applicants must
provide the name, mailing address,
telephone number, and responsibilities
of all contractors responsible for any
operational or maintenance aspects of
the facility related to sewage sludge
generation, treatment, use, or disposal;
(14) Other information. At the request
of the permitting authority, the
applicant must provide any other
information necessary to determine the
appropriate standards for permitting
under 40 CFR part 503, and must
provide any other information necessary
to assess the sewage sludge use and
disposal practices, determine whether to
issue a permit, or identify appropriate
permit requirements; and
(15) Signature. All applications must
be signed by a certifying official in
compliance with § 122.22.
*****
6. Section 122.44 is amended by
revising paragraph (j)(2) to read as
follows:
§122.44 Establishing limitations,
standards, and other permit conditions
(applicable to State NPDES programs, see
§123.25).
(2)(i) Submit a local program when
required by and in accordance with 40
CFR part 403 to assure compliance with
pretreatment standards to the extent
applicable under section 307 (b). The
local program shall be incorporated into
the permit as described in 40 CFR part
403. The program must require all
indirect dischargers to the POTW to
comply with the reporting requirements
of 40 CFR part 403.
(ii) Provide a written technical
evaluation of the need to revise local
limits under 40 CFR 403.5 (c)(l),
following permit issuance or reissuance.
*****
7. Part 122 is amended by adding
Appendix J to read as follows:
Appendix J to Part 122— NPDES Permit
Testing Requirements for Publicly
Owned Treatment Works (§122.21(0)
Table 1A— Effluent Parameters for All
POTWS
Biochemical oxygen demand (BOD-5 or
CBOD-5)
Fecal coliform
Design Flow Rate
PH
Temperature
Total suspended solids
Table 1— Effluent Parameters for All POTWS
With a Flow Equal to or Greater Than 0.1
MGD
Ammonia (as N)
Chlorine (total residual, TRC)
Dissolved oxygen
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42470 Federal Register/Vol. 64. No. 149/Wednesday. August 4, 1999/Rules and Regulations
Nitrate/Nitrite
Kjeldahl nitrogen
Oil and grease
Phosphorus
Total dissolved solids
Table 2—Effluent Parameters for Selected
POTWS
Hardness
Metals (total recoverable), cyanide and total
phenols
Antimony
Arsenic
Beryllium
Cadmium
Chromium
Copper
Lead
Mercury
Nickel
Selenium
Silver
Thallium
Zinc
Cyanide
Total phenolic compounds
Volatile organic compounds
Acrolein
Acrylonitrile
Benzene
Bromoform
Carbon tetrachloride
Chlorobenzene
Chlorodlbromomethane
Chloroethane
2-chloroethylvinyl ether
Chloroform
Dlchlorobromomethane
1.1 -dichloroethane
1.2-dichloroethane
Trans-l,2-dichloroethylene
1,1 -dlchloroethylene
1,2-dichloropropane
1,3-dlchloropropylene
Ethylbenzene
Methyl bromide
Methyl chloride
Methylene chloride
1,1,2.2-tetrachloroethane
Tetrachloroethylene
Toluene
1,1,1-trlchloroethane
1,1,2-trlchloroethane
Trlchloroethylene
Vinyl chloride
Acid-extractable compounds
P-chloro-m-creso
2-chlorophenol
2,4-dlchlorophenol
2.4-dlmethylphenol
4.6-dlnitro-o-cresol
2,4-dinitrophenol
2-nitrophenol
4-nltrophenol
Pentachlorophenol
Phenol
2,4,6-trichlorophenol
Base-neutral compounds
Acenaphthene
Acenaphthylene
Anthracene
Benzidine
Benzo (a) anthracene
Benzo(a)pyrene
3.4 benzofluoranthene
Benzo (ghi) perylene
Benzo (k)fluoranthene
Bis (2-chloroethoxy) methane
Bis (2-chloroethyl) ether
Bis (2-chloroisopropyl) ether
Bis (2-ethylhexyl) phthalate *
4-bromophenyl phenyl ether
Butyl benzyl phthalate
2-chloronaphthalene
4-chlorophenyl phenyl ether
Chrysene
Di-n-butyl phthalate
Di-n-octyl phthalate
Dibenzo(a,h)anthracene
1,2-dichlorobenzene
1,3-dichlorobenzene
1,4-dichlorobenzene
3,3'-dichlorobenzidine
Diethyl phthalate
Dimethyl phthalate
2,4-dinitrotoluene
2.6-dinitrotoluene
1,2-diphenylhydrazine
Fluoranthene
Fluorene
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclo-pentadiene
Hexachloroethane
Indeno(l ,2,3-cd)pyrene
Isophorone
Naphthalene
Nitrobenzene
N-nitrosodi-n-propylamine
N-nitrosodimethylamine
N-nitrosodiphenylamine
Phenanthrene
Pyrene
1.2,4,-trichlorobenzene
PART 123-STATE PROGRAM
REQUIREMENTS
8. The authority citation for part 123
continues to read as follows:
Authority: Clean Water Act, 33 U.S.C. 1251
ef seq.
9. Section 123.25 is amended by
revising paragraph (a) (4) to read as
follows:
§123.25 Requirements for Permitting.
(a) * * *
(4) Sections 122.21 (a), (b), (c)(2), (e)
through (k), and (m) through (p). and
(q)—(Application for a permit)
* * ' * * *
10. Section 123.43 is amended by
adding paragraph (b) to read as follows:
§123.43 Transmission of information to
EPA.
• * * * * *
(b) If the State intends to waive any
of the permit application requirements
of § 122.21 (j) or (q) of this chapter for a
specific applicant, the Director must
submit a written request to the Regional
Administrator no less than 210 days
prior to permit expiration. This request
must include the State's justification for
granting the waiver.
PART 124—PROCEDURES FOR
DECISIONMAKING
11. The authority citation for part 124
continues to read as follows:
Authority: Resource Conservation and
Recovery Act, 42 U.S.C. 6901 et seq.;Safe
Drinking Water Act, 42 U.S.C. 300(f) et seq.;
Clean Water Act, 33 U.S.C. 1251 ef seq.;
Clean Air Act, 42 U.S.C. 7401 et seq.
12. Section 124.8 is amended by
adding paragraph (b)(9) as follows:
§124.8 Fact sheet
*****
(b) * * *
(9) Justification for waiver of any
application requirements under
§ 122.21Q) or (q) of this chapter.
PART 501—STATE SLUDGE
MANAGEMENT PROGRAM
REGULATIONS
13. The authority citation for part 501
continues to read as follows:
Authority: Clean Water Act, 33 U.S.C. 1251
ef seq.
14. Section 501.15 is amended by
removing paragraph (a) (4).
Note: The following forms and instructions
will not appear in the Code of Federal
Regulations.
BILLING CODE 6560-50-P
-------
Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/RuIes and Regulations ' 4Z47I
Farm Approved 1/14/99
OMB Number 2040-0086
FACILITY NAME AND PERMIT NUMBER:
APPLICATION OVERVIEW
jlg&rfep-iiSil applicants Wust complete)Parts; AvandC. Applican^^^ith^i-jdesiigfniflow greater than or equal to 0.1
^riig&niipst also complete part; £. ;Spme app(icants must also coiriptete the SMpplemetitei Application '.•'
iriformation packet. Thefoliowing items explain which parts of FbTm2A you must complete \ '.':'
BASIC APPLICATION INFORMATION:
A.
B.
Basic Application Information for all Applicants. All applicants must complete questions A.1 through A.8. A treatment
works that discharges effluent to surface waters of the United States must also answer questions A.9 through A.12.
Additional Application Information for Applicants with a Design Flow > 0.1 mgd. All treatment works that have design
flows greater than or equal to 0.1 million gallons per day must complete questions B.1 through B.6.
C. Certification. All applicants must complete Part C (Certification).
SUPPLEMENTAL APPLICATION INFORMATION:
D. Expanded Effluent Testing Data. A treatment works that discharges effluent to surface waters of the United States and
meets one or more of the following criteria must complete Part D (Expanded Effluent Testing Data):
1. Has a design flow rate greater than or equal to 1 mgd,
2. Is required to have a pretreatment program (or has one in place), or
3. Is otherwise required by the permitting authority to provide the information.
E. Toxicity Testing Data. A treatment works that meets one or more of the following criteria must complete Part E (Toxicitv
Testing Data): '
1. Has a design flow rate greater than or equal to 1 mgd,
2. Is required to have a pretreatment program (or has one in place), or
3. Is otherwise required by the permitting authority to submit results of toxicity testing.
F. Industrial User Discharges and RCRA/CERCLA Wastes. A treatment works that accepts process wastewaterfrom any
significant industrial users (SlUs) or receives RCRA or CERCLA wastes must complete Part F (Industrial User Discharges and
RCRA/CERCLA Wastes). SlUs are defined as:
1. All industrial users subject to Categorical Pretreatment Standards under 40 Code of Federal Regulations (CFR) 403.6 and
40 CFR Chapter I, Subchapter N (see instructions); and
2. Any other industrial user that:
a. Discharges an average of 25,000 gallons per day or more of process wastewater to the treatment works (with certain
exclusions); or
b. Contributes a process wastestream that makes up 5 percent or more of the average dry weather hydraulic or organic
capacity of the treatment plant; or
c. Is designated as an SIU by the control authority.
G. Combined Sewer Systems. A treatment works that has a combined sewer system must complete Part G (Combined Sewer
Systems).
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 1 of 21
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42472 Federal Register/Vol. 64, No. 149/Wednesday. August 4, 1999/Rules and Regulations
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14/99
OMB Number 2040-0086
PART;/!* Bdsisffifoc/tilON^r^ t-|; .V^;! W' /: tfrSpPft t"' y^-M "r ;|f "?• '• >!!
A.1. Facility Information.
Facility name
Mailing Address
Contact person
TCe
Telephone number
Facility Address
(not P.O. Box)
Applicant Information. If the applicant is different from the above, provide the following:
Applicant name
Mailing Address
Contact person
Title
Telephone number
Is th* applicant the owner or operator (or both) of the treatment works?
_____ owner _ operator
Indicate whether correspondence regarding this permit should be directed to the facility or the applicant.
_ facility _ applicant
PrOVide *" **""* """^ °f a"Y eXiSti"9 environr7lenlal Permits ^^ have *»*<* issued to the treatment
NPDES
UIC
RCRA
PSD
Other
Other
Pro^8 inforrnalion °n municipalities and areas served by the facility. Provide the name and population of
each entity and. if known, provide Information on the type of collection system (combined vs. separate) and its ownership (municipal, private.
Name
Population Served
Type of Collection System
Ownership
Total population served
EPA Form 3510-2A (Rev. 1-99), Replaces EPA forms 7550-6 & 7550-22.
Page 2 of 21
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Federal Register/Vol. 64. No. 149/Wednesday, August 4, 1999/Rules and Regulations 42473
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14/S9
OMB Number 2MO-0036
A.5. Indian Country.
a. Is the treatment works located in Indian Country?
Yes No '
"' S065 ^f,tr5atm^nt works dlscharSe to a receiving water that is either In Indian Country or that is upstream from (and eventually flows
through) Indian Country?
Yes
No
A.6. Flow. Indicate trie design flow rate of the treatment plant (i.e.. the wastewater flow rate that the plant was built to handle) Also provide the
™S?e -m' h «rfe ai^ "??!!imum daily flow rate for each of the last Slree years- Each y*"1* date ™st be based on a 12-month time
period with the 12th month of this year" occurring no more than three months prior to this application submittal
a. Design flow rate
_mgd
Two Years Ago
Last Ye
This Ye
b. Annual average daily flow rate
c. Maximum daily flow rate
mgd
mgd
*16 ^"^ °' C°"eCti°n sY*tem<-s> used b*^ treatmentplant. Check all that apply. Also estimate the percent
Separate sanitary sewer
^____ Combined storm and sanitary sewer
A.8. Discharges and Other Disposal Methods.
a. Does the treatment works discharge effluent to waters of tha U.S.?
Yes
If yes. list how many of each of the following types of discharge points the treatment works uses:
t. Discharges of treated effluent
ii. Discharges of untreated or partially treated effluent
Hi. Combined sewer overflow points
iv. Constructed emergency overflows (prior to the headwords)
v. Other '
b. Does the treatment works discharge effluent to basins, ponds, or other surface
impoundments that do not have outlets for discharge to waters of the U.S.?
If yes, provide the following for each surface impoundment:
Location:
Yes
Annual average daily volume discharged to surface impoundments)
Is discharge continuous or intermittent?
c. Does the treatment works land-apply treated wastewater?
If yes, provide the following for each land application site:
Location:
Yes
Number of acres: ^^
Annual average daily volume applied to site:
Is land application continuous or intermittent?
Mgd
d. Does the treatment works discharge or transport treated or untreated wastewater to another
treatment works?
Yes
No
No
mgd
No
No
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 3 of 21
-------
42474 Federal Register/Vol. 64. No. 149/Wednesday. August 4, 1999/Rules and Regulations
FACILITY NAME AND PERMIT NUMBER: Form Approved 1/1499
OMB Number 2040-0086
If yes, describe the mean(s) by which the wastewater from the treatment works is discharged or transported to the other treatment
works (e.g., tank truck, pipe).
If transport Is by a party other than the applicant, provide:
Transporter name:
Malting Address:
I
Contact person:
Title:
Telephone number
For each treatment works that receives this discharge, provide the following:
Name:
Mailing Address:
Contact person:
Title;
Telephone number:
If known, provide the NPDES permit number of the treatment works that receives this discharge.
Provide the average daily flow rate from the treatment works into the receiving facility. ' mad
e. Does the treatment works discharge or dispose of its wastewater in a manner not included in
A.8.3 through A.8.d above (e.g., underground percolation, well injection)? Yes No
If yes, provide the following for each disposal method:
Description of method (including location and size of site(s) if applicable):
Annual daily volume disposed of by this method:
Is disposal through this method continuous or intermittent?
!
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 4 of 21
-------
Federal Register/Vol. 64, No. 149/Wednesday. August 4, 1999/Rules and Regulations 42475
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14/59
OMB Number 2040-O086
YYASTEWATER DISCHARGES: i - - .. - - r ' .,
Wypu apswa»«l*yes*lt<> nue*tfioiCA.8 $ teomptete questions A 0 through A isixmce tor- each outfall (miliiding bypass points) ttwoqgrf
lyhicheffluertfsrtischaraea Doiiotmcl^dr^fe/ffiatKWonMmbinedsewertwerpows'ln-ttifs-seiafon V you answe|ediJMfbM to question
A.8a,flotoPsrlB "AdfflttonalAppJjiiaiorifnfomiationrfor Applicants witt> a Design How Greater IhanorEquaJ to tflnujd* ' '
I '. I . - , - * -.' 1 M' " ' . -'
A.9. Description of Outfall.
a. Outfall number
(City or town, if applicable}
(Zip Code)
(County)
(State)
(Latitude)
c. Distance from shore (if applicable)
d. Depth below surface (if applicable)
e. Average daily flow rate
f. Does this outfall have either an intermittent or a
periodic discharge?
If yes, provide the following information:
Number of times per year discharge occurs:
Average duration of each discharge:
Average flow per discharge:
Months in which discharge occurs:
g. Is outfall equipped with a diffuser?
A.10. Description of Receiving Waters.
a. Name of receiving water
b. Name of watershed (if known)
(Longitude)
Yes
No (go to A.9.g.)
mgd
Yes
No
United States Soil Conservation Service 14-digit watershed code (if known):
c. Name of State Management/River Basin (if known):
United States Geological Survey 8-digit hydrotogic cataloging unit code (if known):
d. Critical low flow of receiving stream (if applicable):
acute cfe chronic
e. Total hardness of receiving stream at critical low flow (if applicable):
cfs
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 5 of 21
-------
42476 Federal Register/Vol. 64, No. 149/Wednesday, August 4. 1999/Rules and Regulations
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14/99
OMB Number 2040-QOB6
A.11, Description of Treatment.
a. What levels of treatment are provided? Check all that apply.
Primary Secondary
Advanced Other. Describe:
b. Indicate the following removal rates (as applicable):
Design BODS removal oj Design CBOD5 removal
Design SS removal
Design P removal
Design N removal
Otfier
c. What type of disinfection is used for the effluent from this outfall? If disinfection varies by season, please describe.
If disinfection is by chlorination. is dechlorinafion used for this outfall?
d. Does the treatment plant have post aeration?
Yes
Yes'
No
No
A.12. Effluent Testino Information. All Applicants that discharge to waters of the US must provide effluent testing data for the following
parameters. Provide the Indicated effluent testing required by the permitting authority for each outfall through which effluent Is
SWharged. Do not Include Information on combined sewer overflows In this section. All Information reported must be based on
data collected through analysis conducted using 40 CFR Part 136 methods. In addition, this data must comply with CWQC
requirements of 40 CFR Part 136 and other appropriate QA/QC requirements for standard methods for analytes not addressed by 40
CFR Part 136. At a minimum, effluent testing data must be based on at least three samples and must be no more than four and one-
half years apart
Outfall number:
PARAMETER.
pH (Minimum)
pH (Maximum)
Flow Rate
Temperature (Winter)
Temperature (Summer)
.MAXIMUM DAILY VALUE
'
' V&lue ;••
Units.
For pH please report a minimum and a maximum daily value
:' :"3^alue' ;v ;;.;/; ! •'• '•tWi&.V •"'.'• ' •NUmb;esofiS^mples
...> 'POLLUTANT
'•• •
..>-MAXIMUM DAlliy-
......
Numbotof
'
ONVENTIONAL AND NONCONVENTIONAL COMPOUNDS.
IOCHEMICAL OXVGEN
>EMANO (Report one)
BOD-5
CBOD-5
ECAL COLIFORM
PTAL SUSPENDED SOLIDS trss)
'» *. ''l ' *
I ' i
"
J2AYOU MUStCOflpiktjpi
. « ,,
DETERMI^WHI^H p.fH6Rf ARTSORF'O^M
COliflpiktjpi 1 jt " j , . . j J* l,,'
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 6 of 21
-------
Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations 42477
FACILITY NAME AND PERMIT NUMBER:
Fam Approved 1/14/99
OMB Number 2040-0086
BASIC APPLICATION INFORMATION
PARTS < AuDmofoAL APPUCATIONJMFORMATION FOR APPLICANTS WlTHrA DESIGN FLOW GREATER THAN OR
EQUAL TO-0.1 MGD<100jOdpganons per day) _ -
All^ppl(^ante-withatleslgnflQWtategDltnggmtetaoswerqueslronsB1 throughB6 Ajioihers'BOto-PartC,{Certiffcatlon)
B.1. Inflow and Infiltration. Estimate the average number of gallons per day that flow into the treatment works from inflow and/or infiltration.
gpd • •
Briefly explain any steps underway or planned to minimize inflow and infiltration.
B.2. Topographic Map. Attach to this application a topographic map of the area extending at least one mile beyond facility property boundaries.
This map must show the outline of the facility and the following information. (You may submit more than one map if one map does not show
the entire area.)
a. The area surrounding the treatment plant, including all unit processes.
b. The major pipes or other structures through which wastewater enters the treatment works and the pipes or other structures through which
treated wastewater is discharged from the treatment plant, include outfalls from bypass piping, if applicable.
c. Each well where wastewater from the treatment plant is injected underground. ' •
d. Wells, springs, other surface water bodies, and drinking water wells that are: 1) within 1/4 mile of the property boundaries of the treatment
works, and 2) listed in public record or otherwise known to the applicant.
e. Any areas where the sewage sludge produced by the treatment works is stored, treated, or disposed.
f. If the treatment works receives waste that is classified as hazardous under the Resource Conservation and Recovery Act (RCRA) by
truck, rail, or special pipe, show on the map where that hazardous waste enters the treatment works and where it is treated stored
and/or disposed.
B.3. Process Flow Diagram or Schematic. Provide a diagram showing the processes of the treatment plant, including all bypass piping and ail
backup power sources or redundancy in the system. Also provide a water balance showing all treatment units, including disinfection (e.g.
chlorinafion and dechlorination). The water balance must show daily average flow rates at influent and discharge points and approximate daily
flow rates between treatment units. Include a brief narrative description of the diagram.
B.4. Operation/Maintenance Performed by Contractor(s).
Are any operational or maintenance aspects (related to wastewater treatment and effluent quality) of the treatment works the responsibility of
a contractor? Yes No .
If yes. list the name, address, telephone number, and status of each contractor and describe the contractor's responsibilities (attach additional
pages if necessary).
Name:
Mailing Address:
Telephone Number:
Responsibilities of Contractor
B.5. Scheduled Improvements and Schedules of Implementation. Provide information on any uncompleted implementation schedule or
uncompleted plans for improvements that will affect the wastewater treatment, effluent quality, or design capacity of the treatment works If
the treatment works has several different implementation schedules or is planning several improvements, submit separate responses to
question B.5 for each. (If none, go to question B.6.)
a. List the outfall number (assigned in question A.9) for each outfall that is covered by this implementation schedule.
b. Indicate whether the planned improvements or implementation schedule are required by local, State, or Federal agencies.
Yes No
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 7 of 21
-------
42478 Federal Register/Vol. 64. No. 149/Wednesday. August 4, 1999/Rules and Regulations
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14/99
OMB Number 2040-0086
c if the answer to B.S.b is "Yes." briefly describe, including new maximum daily inflow rate (if applicable).
d. Provide dates imp
applicable. For in
applicable. Indies
Implementation S
- Begin construct!
- End constructor
- Begin discharge
- Attain operation,
e. Have appropriate
Describe briefly:
osed by any compliance schedule or any actual dates of completion for the implementation steps listed below, as
iprovements planned independently of local. State, or Federal agencies, indicate planned or actual completion dates as
te dates as accurately as possible.
Schedule Actual Completion
taoe MM/DD/YYYY MM/DD/YYYY ' .
on
i
il level
/ / /
/ / /
_/_/.
/
/
I
1
1
1
Mrmlts/clearances concerning other Federal/State requirements been obtained? Yes
B.6. EFFLUENT TESTING DATA (CREATE
Applicants that discharge to waters of
testing required by the permitting authc
sewer overflows in this section. Allinfc
methods. In addition, this data must o
standard methods for analytes not add
pollutant scans and must be no more tl
Outfall Number:
•; -POLLUTANT
R THAN 0.1 MGD ONLY).
he US must provide effluent testing data for the following paran
iritv for each outfall throuah which effluent is discharaed. Do nc
xmafion reported must be based on data collected through ana
amply with QA/QC requirements of 40 CFR Part 136 and other
ressed by 40 CFR Part 136. At a minimum, effluent testing dat
lan four and one-half years old.
, '/MAXIMUM DAILY .
: 4^®l4'|
ri'''i!f-T^';.-."-.
; ; -AVERAGE DAILY GISCHARGE:
. •_ :Conc. .
i.l ' '- ' .
Units
i
CONVEN 1 KJNAL AND NONCONVENTIONAL COMPOUNDS.
AMMONIA (as N)
CHLORINE (TOTAL
RESIDUAL. TRC)
DISSOLVED OXYGEN
TOTAL KJELDAHL
NITROGEN (TKN)
NITRATE PLUS NITRITE
NITROGEN
OIL and GREASE
PHOSPHORUS (Total)
TOTAL DISSOLVED
SOLIDS fJDS)
OTHER
Number of
Samples
_No
•raters. Provide the indicated effluent
t include information on combined
ysis conducted using 40 CFR Part 136
appropriate QA/QC requirements for
a must be based on at least three
.i
ANALYTICAL
METHOD; h
\
,^.,if:,-W
.^I^StQT^'^*!^^
.»:;J^v^:iv,fC^
EPA Form 351CWA (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 8 of21
-------
Federal Register/Vol. 64, No. 149/Wednesday. August 4, 1999/Rules and Regulations 42479
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14/99
OMB Number 2040-OOB6
Indicate which parts of Form 2A you have completed and are submitting:
Basic Application Information packet Supplemental Application Information packet:
Part D (Expanded Effluent Testing Data)
Part EfToxiciiy Testing: Biomonitoring Data)
Part F (Industrial User Discharges and RCRA/CERCLA Wastes)
Part G (Combined Sewer Systems)
ALL APPLICANTS MUST COMPLETE THE FOLLOWING CERTIFICATION.
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons !
who manage the system or those persons directly responsible for gathering the information, the information is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine
and impnsonment for knowing violations. '.
Name and official title
Signature
Telephone number
Date signed
Upon request of the permitting authority, you must submit any other information necessary to assess wastewater treatment practices at the
treatment works or identify appropriate permitting requirements.
SEND COMPLETED FORMS TO:
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 9 of 21
-------
42480 Federal Register/Vol. 64. No. 149/Wednesday. August 4. 1999/Rules and Regulations
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1,14/99
OMB Number 2040-0086
SUPPLEMENTAL APPLICATION. INFORMATION
PART D. EXPANDED EFFLUENT TESTING DATA
ilo'datermlnewheihar-thlssftctlon applies to tneitreatmentwurki
d ta h^?a or«r T 7 fntWorkS' 'f the treatmen« works has a design flow greater than or equal to 1.0 mgd or it
£« ,£? an p PlL9ram' ,°rJS 0thf^S9 required by me P"""""* authority to provide the data, then provide effluent
wing pollutants. Provide the indicated effluent testing information and any other Information required by the permittmq
i effluent s discharged. Do not include information on combined sewer overflows in this section All
• Z!^» a,SB°f °fnf?£,C£ ^^throush ana|yses conducted using 40 CFR Part 136 methods. In addition, these data must
bv 40 CFR P^TsR ^ T H, ?, CJ^ Part 13S and other aPPr°Priate QA/QC requirements for standard methods for analytes not addressed
SLim « ?S: !nd!5eo
minimum, effluent testing data must be based on at least three pollutant scans and must be no more than four and one-half years old!'
Outfall number:
(Completa once for each outfall discharging effluent to waters of the United States.)
MAXIMUM [DAILY
• DISCHARGE '
Cone,- Units; Mass 'Units
'AVERAGE DA1LY.DISCHARGE.
Cone;-! ;.Units' -MassJlUnitsi 'Number
V METHOD;
: -' -ML/MDL'
ARDNESS.
ANTIMONY
ARSENIC
BERYLUUM
CHROMUM
COPPER
LEAD
NtCKH.
SELENIUJ.l
StVER
THALUUM
ZINC
CYANIDE
TOTAL PHENOUC COWPOUNDS
HARDNESS (AS C»C03)
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 10 of 21
-------
Federal Register/Vol. 64, No. 149/Wednesday. August 4, 1999/Rules and Regulations 42481
FACILITY NAME AND PERMIT NUMBER:
Form Approved I/14/S9
OMB Number 2040-008S
Outfall number: (Complete once for each outfall discharging effluent to waters of the United States.)
POU.OTANT *
1 r
o !
VOLATILE ORGANIC COMPOUNDS.
ACROLEIN
ACRYLONITRILE
BENZENE
BROMOFORM
CARBON TETRACHLORIDE
CLOROBENZENE
CHLORODIBROMO-METHANE
CHLOROETHANE
2-CHLORO-ETHYLVINYL
ETHER
CHLOROFORM
D1CHLORO3ROMO-METHANE
1.1-D1CHLOROETHANE
1.2-DICHLOROETHANE
TRANS-1.2-D1CHLORO-ETHYLENE
1,1-OICHLOROETHYLENE
1 ,2-DJCHLOROPROPANE
1.3-OICHLORO-PROPYLENE
ETHYLBENZENE
METHYL BROMIDE
METHYL CHLORIDE
METHYLENE CHLORIDE
1.1 ,2,2-TETRACHLORO-ETHANE
TETRACHLORO-ETHYLENE
TOLUENE
MAXIMUM DAILY
DISCHARGE
Cone
;Unlts
Mass
• Units
AVERAGEpAltY DISCHARGE
^f
Cooc
Units
i'
"T
jMass
,Uftte
Nucptier
..f
< ANAim£AL
METHOD
;
Ml/MDL
i
i
1
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 11 of 21
-------
42482 Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations
FACILrTY NAME AND PERMIT NUMBER:
Outfall number.
: ;. ;;",:;;; i" ;••'•••• .C'; -f:'{r
1.1.1-TRICH.OROETHA.VE
1.1.2-TRJCH.OROE7HANE
TR1CW.ORETHYLENE
WJYLCH.OR10E
Uta wit space (or a separate sheet) to
P-CHLOSO-M-CRESOL
2-CHLOROTHENOL
ZX-DICHLOROPHENOt
Z-WWMETHYLPHENOL
^.N^O^CRESOL
i4-DINtTROPHENOL
^-NITROPHE^4OL
4-WrROPHSNOt
PENTACHLOROPhENOL
PHENOL
2.4.6-TRlCH.OROPHENa.
1 •, . 1 • i
Farm Approved 1/14/99
OMB Number 2040-OOB6
— (Complete once for each outfall discharging effluent to waters of the United States )
• ""^, ;;
rS
SS«RGf§'. C
'. iUntts
t
fbmiatlo,
: ''^
• Units
' :- "- AVERAGg DAILY: Dl^i3H^R6E;;-J
i ., :..;:• -}•.' r'; .','.:•*» _£:. l,ji;^'"Q^
-------
Federal Register/Vol. 64. No. 149/Wednesday. August 4, 1999/Rules and Regulations 42483
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14/39
OMB Number 2MO-O08S
Outfall number: (Complete once for each outfall discharging effluent to waters of the United States )
,, POLLUTANT
1 I
3.4 BENZO-FLUORANTHENE
BENZO(GHI)PERYLENE
BENZO(K)FLUORANTHENE
BIS (2-CHLOROETHOXY) METHANE
BIS <2-CHLOROETHYL>£THER
BIS (2-CHLOROISO-PROPYL)
ETHER
BIS (2-ETHYLHEXYL) PHTHALATE
4-BROMOPHENYL PHENYL ETHER
BUTYL BENZYL PHTHALATE
2-CHLORONAPHTHALENE
4-CHLORPHENYL PHENYL ETHER
CHRYSENE
OI-N-BUTYL PHTHALATE
DI-N-OCTYL PHTHALATE
DIBENZO(A.H) ANTHRACENE
1 .2-DICHLOROBENZENE
1,3-DICHLOROBENZENE
1,4-OICHLOROBENZENE
3.3-DICHLOROBENZlDINE
DIETHYL PHTHALATE
DIMETHYL PHTHALATE
2,4-DINITROTOLUENE
2,6-DINITROTOLUENE
1 .2-DIPHENYLHYDRAZlNE
MAXIMUM DAILY
DISCHARGE
Cone
Urals
7
Mass
Units
AVERAGE DAILY DISCHARGE '
t
'Cone
Units
•Mass
Onlts
{Number
'•of
> Sample*
•
. ',
ANALYTICAL
METHOD
i
ML? MDL
J
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 13 of 21
-------
42484 Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations
FACILITY NAME AND PERMIT NUMBER:
Fdmi Approved 1f14/99
OMB Number 2040-0085
Outfa!! number
HfOLLUTANT
(Complete once for each outfall discharging effluent to waters nf the United S^te,",)
. MAXIMUM DAIUY
-..:' biscHAfeSE:r-.
'••• AVERAGE DAILY-DlSCHARSt-.
:.- - :.. :•:;>:: J..-7- i;;*- ."-ftiiB:. ^itt.t :
Units!'
CoticV: ;tJnits, :!Mass. itjjnjl
c^niiples
FtUORAMTHENE
aUORENE
HEXACBLOROBENZENE
HEXACHIOROBUTADIENE
HEXACHLOROCYCLO-
PfNTADiENE
BEXACHLOROETHANE
»JOENQ<1A3-COPYRENE
ISOPHQRONE
NAPHTHALENE
NtTROeENZENE
N-OTROSOD1.N.PROPYLAMINS
N-NfTROSOO!- METHYLAMINE
N-NrTROSOOI-PHENYLAMiNE
PHENANTHRENS
PYRENE
lA^TRICHLOROBENZENE
U*» ttts space (or a separate sheet) to provide tnfomiation on other base-neutral compounds requested by the permit writer.
U«o tha space (or a separate sheet) to provide information on other pollutants (e.g., pesticides) requested by the permit writer.
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 14 of 21
-------
Federal Register/Vol. 64. No. 149/Wednesday, August 4, 1999/Rules and Regulations 42485
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14S99
OMB Number 20JO-008B
SURI^EMEN^^ . J' i:;;-;^ ''.'••^'^. £v-iV^ I: P^. -^ '• ' > -^ '} ;:
•;pMfe;^ieii^fEsw^ .-^vi^ ^^
\:PpTVv:s:mee'tirtg;onte%ra^
:;t|1e fagjity^s'^charge^irtts; ^
that arj refjuired- to have poe:under<40-gFR'P3rti4Q3);:or3);PQra/s required ^:be^p6trnifljr^^'ulrk^^.to'sUbinft4afii\fbr'itese*pararnefers. .
.. -• V* •^lart^fr'^'fre^.res^
::.:••':-. -tof^.Species^Qritheresuteifrbm^^^ :-.
'• ' "••', J *h6 results show no: appre'iiable^oxici^i arid testing for acute and/or crirohic^bxicltyi depending 6ii8je iwige of receiving water dilution.- -•
•',; :.; '. :;P?:n?fcirt^0?6.inf<^a.fori;crtc^b^^ -. ••
:.; x ^! • :'• I'pirou^h analysts cbnducted^uS rig 40 CFp-Part 136 methods.. In addition; ilhisiSataWust j»iflpiy.:Witn;G^'QCirequjrernenterDf.40 CFR
'• . ;; 'i . • 'Part'136'and-othe|'app^^riate'QAfl3fe'rBquire>nerits for standard rrretrk^.fe.Br)alytes;h0t'addressea^46CFR;^rt ^36: : J '• '
„• : •; ."?*• ••.-;jn|additibnjsublmifth9;resulte
• • '; . , itesf conducted during the pas
otany.amer whole- effluehttoxiafyt
l.four;arid!bne^Haif:years'feveaied:fc
; -.:- ; • -Bfatoxicl^ieo^^n;evaiuation.;if^rite.w^^du^ ',' "•:: •;;
:/ ' •«• , ::lf you^ave aireadVisubrnj^
: ., : requested in. questiori-E;4' for previously submitted information. If
'•'• •-,''-. •roeihods. If Jest sumrriaries'are.available that contain all of the In
If.np btqrnbiiitbring data is required.tdb.riot complete Part E:IRefer to the API
.corhplefe. •'.':• ... " -• ' "' ' . : • • '
E.1. Required Tests.
Indicate the number of whole e
chronic acute
E.2. Individual Test Data. Complete th<
one column per test (where each sp
ests.;from;8ie;p;ast!fourSria.bfie?half, years.; If a whole. effluent toxicity i
xjcity, firbv4derarty; information ;on 'ihe'causeiif Bia toxJcity: or an* results-
'., ••_••.•; ;:j.:;i[;:;-\j^_i;.;^^-^J->:.:a;:j::;.i;.;... .'...; ;-..,•;•,:".:-*_ ;•-..-.:;:.
P3rt:Eil?bu.n;e<^:nbtBu.bniit;ft;agffl^
EPA'methbds;.WBre notti^edi report the reasons for using alternate •'; "
fprmatian:request«rbeiow; they may ibesubmitted.-in place of -Part'E. • '
aUcation QveryiewiforidirecSpns.on w*tleh other sections of the'form to '
ffluent toxicity tests conducted in the past four and one-half years.
j following chart for each whole effluent toxicitv test conducted in the last four and one-half vears. Allow
ecies constitutes a test). Copy this page if more than three tests are being reported.
Test number: Test number: Test number:
a. Test information.
Test species & test method number
Age at initiation of test
Outfall number
Dates sample collected
Date test started
Duration
i
b. Give toxicity test methods followed.
Manual title
Edition number and year of publication
Page numbers)
c. Give the sample collection method(s) used. For multiple grab samples, indicate the number of grab samples used.
24-Hour composite
Grab
d. Indicate where the sample was taken in relation to disinfection. (Check all that apply for each)
Before disinfection
After disinfection
After dechlorination
EPA Form 3510-2A {Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. paae 1 5 of 21
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42486 Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations
FACILITY NAME AND PERMIT NUMBER:
form Approved 1/14/39
OMB Number 2040-OOBS
Test number Test number Test number
e. Describe the point In the treatment process at which the sample was collected.
Sample was collected:
f. For each test, include whether the test was intended to assess chronic toxicity, acute toxicity, or both.
Chronic toxicity
Acute toxlclly
8. Provide the type of test performed.
Static
Static-renewal
Flow-through
>,
h. Source of dSutfon water. If laboratory water, specify type: if receiving water, specify source.
Laboratory water
Receiving water
1. Type of dilution water. It salt water, specify "natural" or type of artificial sea salts or brine used.
Fresh water
Saltwater
j. Give the percentage effluent used for all concentrations in the test series.
11111111111111111111
k. Parameters measured Curing the test. (State whether parameter meets test method specifications)
pH
SaMly
Temperature
Ammonia
Dissolved oxygen
1. Test Results.
Acute:
Percent survival In 100%
effluent
LOW
95% C.I.
Control percent survival
Other (describe)
%
%
%
%
%
%
%
%
%
EPA Form 3510-2A (Rev. 1-S9). Replaces EPA forms 7550-6 & 7550-22.
Page 16 of 21
-------
Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations 42487
FACILITY NAME AND PERMIT NUMBER:
Chronic:
NOEC %
IC25 %
Control percent survival %
Other (describe)
m. Quality Control/Quality Assurance.
Is reference toxicant data available?
Was reference toxicant test within
acceptable bounds?
What date was reference toxicant test
run (MM/DD/YYYY)?
Other (describe)
Form Approved 1/14/99
OMB Number 2040-O086
% %
% %
% %
E.3. Toxicity Reduction Evaluation. Is the treatment works involved in a Toxicity Reduction Evaluation?
_ Yes.. No If yes. describe:
E.4. Summary of Submitted Biomonitorlng Test Information. If you have submitted biomonitoring test information, or information regarding the
cause of toxicity, within the past four and one-half years, provide the dates the information was submitted to the permitting authority and a
summary of the results.
Date submitted: (MM/DD/YYYY)
Summary of results: (see instructions)
, ' END OF PART E. ' , ' ; ,
REFER'TOTBE APPLICATION OVERVIEW TO DETERMINE WHICH OTHER1 PARTS <>F FORM
: - > ' ' , 2A YOU MUST COMPLETE. ' , < , -' - .
f
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 17 of 21
-------
42488 FederalRegister/Vol. 64. No. 149/Wednesday. August 4. 1999/Rules and Regulations
FACILITY NAME AND PERMIT NUMBER:
Farm Approved 1/14/99
OMB Number 2040-OOB6
SUPPLEMENTAL APPLICATION INFORMATION
PARTiF: 'INDUSTRIAL USER DISCHARGES AND RCRA/CERCLA WASTES
• • . .••;•-- :••'••,., '- • ""^'.-.'.v -" ' ; • '.'•''!:"• •p-' ,•;••-•'*lr~ "'•'-''•'
;ch ' -•-.-.--..---
'.
GENERAL INFORMATION:
» F.I. Pr*lrtatm«nt Program. Does the treatment works have, or is it subject to, an approved pretreatment program?
' Yes No
F.2.
Provide me ™r °f eactl •""• w^ types
a. Number of non-categorical SlUs.
b. Number of CIUs.
SIGNIFICANT INDUSTRIAL USER INFORMATION:
SS^K^^
F'3"
Provid« the name and address of each SIU discharslng to the treatment works. Submit additional
Name:
Mallmo Address:
F.4. Industrial Processes. Describe all of the industrial processes that affect or contribute to the SlU's discharge.
F'5" rtscha'ieU Pr°dUCt
-------
Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations 42489
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14/99
OMB Number 2MC-OOB6
F.8. Problems at the Treatment Works Attributed to Waste Discharged by the SIU. Has the SIU caused or contributed to any problems (e a
upsets. Interference) at the treatment works in the past three years?
Yes No
If yes, describe each episode.
RCRA HAZARDOUS WASTE RECEIVED BY TRUCK, RAIL, OR DEDICATED PIPELINE:
F.9. RCRA Waste. Does the treatment works receive or has it in the past three years received RCRA hazardous waste by truck rail or dedicated
pipe? Yes No (go to F.12.)
F.10. Waste Transport. Method by which RCRA waste is received (check all that apply):
Truck Rail Dedicated Pipe
F.11. Waste Description. Give EPA hazardous waste number and amount (volume or mass, specify units).
EPA Hazardous Waste Number Amount Units
CERCLA (SUPERFUND) WASTEWATER, RCRA REMEDIATION/CORRECTIVE
ACTION WASTEWATER. AND OTHER REMEDIAL ACTIVITY WASTEWATER:
F.12. Remediation Waste. Does the treatment works currently (or has it been notified that it will) receive waste from remedial activities?
Yes {complete F.13 through F.15.) No
Provide a list of sites and the requested information (F.13 - F.15.) for each current and future site.
F'13' orHnate1iruhe'tSxtfto* ""* ^ ^ ^ °f ^^* Wh'°h *"* CERCLA/RCRA/or otner remedial waste originates (oris expected to
F.14. Pollutants. List the hazardous constituents that are received (or are expected to be received). Include data on volume and concentration, if
known. (Attach additonal sheets if necessary).
F.15. Waste Treatment.
a. Is this waste treated (or will it be treated) prior to entering the treatment works?
Yes No
If yes, describe the treatment (provide information about the removal efficiency):
b. Is the discharge {or will the discharge be) continuous or Intermittent?
Continuous Intermittent If intermittent, describe discharge schedule.
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 19 of 21
-------
42490 Federal Register/Vol. 64, No. 149/Wednesday. August 4, 1999/Rules and Regulations
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14/99
OMB Number 2040-0066
ftU^^
ipj&&coffiiy^^^ ° ^ :^f j;.;i i>;
lhh« treatment Worte has a cornbl'ne'el'aewarsystem, domplele PartG/ •' : ;'•;!': Jj 'jjy -r"'^-''^: ;i;:j?:'i'nj';: /rTlV.:'''-^''^;' %!'?!-.''-;if']!'.}.
6.1. System Map. Provide a map indicating the following: (may be included with Basic Application Information)
a. All CSO discharge points.
b. Sensitive use areas potentially affected by CSOs (e.g., beaches, drinking water supplies, shellfish beds, sensitive aquatic ecosystems,
and outstanding natural resource waters).
c. Waters that support threatened and endangered species potentially affected by CSOs.
G.2. System Diagram. Provide a diagram, either in the map provided in G.1. or on a separate drawing, of the combined sewer collection system
that includes the following information:
a. Locations of major sewer trunk lines, both combined and separate sanitary.
b. Locations of points where separate sanitary sewers feed into the combined sewer system.
c. Locations of in-line and off-line storage structures.
d. Locations of flow-regulating devices.
e. Locations of pump stations.
Compli)«quaaUonsG.3 through G.6oncB for each CSO discharge point.
G.3. Description of Outfall.
a. Outfall number
b. Location
(City or town, if applicable)
(Zip Code)
{County)
(State)
(Latitude)
c. Distance from shore (if applicable)
d. Depth below surface frf applicable)
e. Which of the following were monitored during the last year for this CSO?
(Longitude)
ft.
.Rainfall
_CSO flow volume
_CSO pollutant concentrations
.Receiving water quality
_CSO frequency
f. How many storm events were monitored during the last year?
G.4. CSO Events.
a. Give the number of CSO events in trie last year.
events ( actual or approx.)
b. Give the average duration per CSO event
hours { actual or approx.)
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 20 of 21
-------
Federal Register/Vol. 64. No. 149/Wednesday, August 4. 1999/Rules and Regulations 42491
FACILITY NAME AND PERMIT NUMBER:
Form Approved J/t*S9
OMB Number 2040-0066
c. Give the average volume per CSO event.
million gallons { actual or approx.)
a. Give the minimum rainfall that caused a CSO event in the last year.
inches of rainfall
6.5. Description of Receiving Waters.
a. Name of receiving water:
b. Name of watershed/river/stream system:
United States Soil Conservation Service 14-digit watershed code (if known):
c. Name of State Management/River Basin:
United States Geological Survey 8-digit hydrologic cataloging unit code (if known): ^^
G.6. CSO Operations.
£m
END OF PART G.
REFER TO THE APPLICATION OVERVIEW TO DETERMINE WHICH OTHER PARTS OF FORM
_^_ 2A YOU MUST COMPLETE.
EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22.
Page 21 of 21
BILLING CODE: 6560-50-C
-------
42492 Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations
Instructions for Completing Form 2A—
Application for an NPDES Permit
permitting authority, and you must fill
out and send in Form 2A.
rt . These instructions explain how to fill
Paperwork Reduction Act Notice: The out each question in Form 2A. However,
arinual public reporting and
recordkeeping burden for this collection
of information is estimated to average
9.6 hours per response. Burden means
the total time, effort, or financial
resources expended by persons to
generate, maintain, retain, or disclose or
provide information to or for a Federal
agency. This includes the time needed
to review instructions: develop, acquire,
install, and utilize technology and
systems for the purposes of collecting,
validating, and verifying information,
processing and maintaining
information, and disclosing and
providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information. An Agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number.
Send comments regarding the
Agency's need for this information, the
accuracy of the provided burden
estimates, and any suggested methods
for minimizing respondent burden,
including through the use of automated
collection techniques to the Director, OP
Regulatory Information Division, U.S.
Environmental Protection Agency
(2137). 401 M St.. S.W., Washington, DC
20460. Include the OMB control number
in any correspondence. Do not send the
completed Form 2A to this address.
Background Information
Each wastewater treatment works that
discharges treated effluent to waters of
the United States must apply for a
permit for its discharges. This
permitting requirement is part of the
National Pollutant Discharge
Elimination System (NPDES) program,
which is implemented by the U.S.
Environmental Protection Agency
(EPA). You can obtain a permit for your
treatment works by filling out and
sending in the appropriate form(s) to
your permitting authority. If the State in
which your treatment works is located
operates its own NPDES program, then
the State is your permitting authority
and you should ask your State for
permit application forms. On the other
hand, if EPA operates the NPDES
program in your State, then EPA is the
not every applicant will have to fill out
every section of Form 2A. You may
determine which parts of Form 2 A
apply the your treatment works by
reading the Application Overview
section on page 1 of Form 2A before
filling out die form.
Commonly Asked Questions
What If I Need More Space for My
Answer?
If you need more room for your
answer than is provided on the form,
attach a separate sheet called
"Additional Information." At the top of
the separate sheet, put the name of your
plant, your plant's NPDES permit
number, and the number of the outfall
that you are writing about, if applicable.
Also, next to your answer, put the
question number (from Form 2A).
Provide this information on any
drawings or other papers that you attach
to your application as well.
Will the Public Be Able To See the
Information I Submit?
Any information you submit on Form
2A will be available to the public. If you
send in more information than is
requested on Form 2A that is considered
company-privileged information, you
may ask EPA to keep that extra
information confidential. Note that you
cannot ask EPA to keep effluent data
confidential. If you want any of the
extra information to be kept
confidential, inform EPA of this when
you submit your application. Otherwise,
EPA may make the information public
without letting you know in advance.
For more information on claims of
confidentiality, see EPA's business
confidentiality regulations at Title 40,
Part 2 of the Code of Federal
Regulations (CFR).
How Do I Complete the Forms?
Answer every question on Form 2A
that applies to your treatment works. If
your answer to a question requires more
room than there is on the form, please
attach additional sheets as described
above. If a particular question does not
apply to your treatment works, write
"N/A" (meaning "not applicable") as
your answer to that question. If you
need additional guidance on filling out
these forms, contact your EPA Regional
Office or your State office.
Which Parts of the Form Apply?
Form 2A is presented in a modular
format, consisting of two packets: the
Basic Application Information packet
and the Supplemental Application
Information packet. The Basic
Application Information Packet is
.divided into three parts. All applicants
must complete Part A (Basic
Application Information For All
Applicants) and Part C (Certification).
Applicants with a design flow greater
than or equal to 0.1 mgd must also
complete Part B (Additional Application |
Information For Applicants With A
Design Flow Greater Than Or Equal To
0.1 MGD). Some applicants must also
complete the Supplemental Application
Information packet. Refer to the
Application Overview on page 1 of
Form 2A to determine which parts of
the Supplemental Application
Information you must complete.
Step-by-Step Instructions
The following section provides
clarification and additional information
for the questions on Form 2A. Most of
the terms used in Form 2A are defined
in the NPDES regulations at 40 CFR
122.2.
Basic Application Information
Part A (Basic Application Information
for All Applicants)
A.I. Facility Information
Provide your plant's official or legal
name. Do not use a nickname or short
name. Also provide your plant's mailing
address, a contact person at the plant,
his/her title, and that person's work
telephone number. The contact person
should be someone who has a thorough
understanding of the operation of the
treatment works. The permitting
authority may call this person if there
are any questions about the application.
Also provide the actual facility address
(if different than the mailing address).
The facility location should be a street
address (not a Post Office box number)
or other description of the actual
location of the facility. Be sure to
provide the city or county and state in
which the facility is located.
A.2. Applicant Information
If someone other than the facility
contact person is actually submitting
this application (e.g., a consultant),
provide the name and mailing address
of that person's organization. Also
provide the name of a contact person,
his/her tide, and his/her work telephone
number. The permitting authority may
call this person if there are any
questions about the application.
A. 3. Existing Environmental Permits
Provide the permit number of each
currently effective permit issued to the
treatment works for NPDES, UIC, RCRA,
-------
Federal Register/Vol. 64. No. 149/Wednesday. August 4. 1999/Rules and Regulations
42493
PSD, and any other environmental
programs. If you have previously filed
an application but have not yet received
a permit, give the number of the
application, if any. If you have more
than one currently effective permit
under a particular permit program, list
each such permit number. List any other
relevant environmental permits under
"Other."
A.4. Collection System Information
Provide the names of all the cities,
towns, and unincorporated areas served
by your plant and enter the number of
people served by your plant at the time
you complete this form. Indicate
whether each portion of the collection
system is separate or combined storm
and sanitary, if known, and note the
ownership status of each portion of the
system (municipal, private, etc.).
A.5. Indian Country
Indian Country means all land within
the limits of any Indian reservation
under the jurisdiction of the United
States Government notwithstanding the
issuance of any patent, and including
rights-of-way running through the
reservation. Indicate whether your plant
is located in (i.e., within the limits of)
Indian Country and whether the water
body into which your plant discharges
flows through Indian Country after it
receives your plant discharge.
A.6. Flow
a. Provide your plant's current design
flow rate. Treatment works with a
design flow less than 5 mgd must
provide the design influent flow rate to
two decimal places. Treatment works
that are greater than or equal to 5 mgd
must report this to 1 decimal place. This
is because fluctuations of 0.01 mgd to
0.09 mgd in smaller treatment works
represent a significant percentage of
daily flow.
b. Enter the annual average daily flow
rate, in million gallons per day, that
your plant actually treated this year and
each of the past two years for days that
your plant actually discharges. Each
year's data must be based on a 12-month
time period, with the 12th month of
"this year" occurring no more than
three months prior to this application
submittal.
c. Enter the maximum daily flow rate,
in million gallons per day (mgd), that
your plant received this year and each
of the past two years. Each year's data
must be based on a 12-month time
period, with the 12th month of "this
year" occurring no more than three
months prior to this application
submittal.
A.7. Collection System
Indicate what type of collection
system brings wastewater to your plant.
If you check both of the collection
systems indicated on the form, you must
also provide an estimate of what
percentage (in terms of miles of pipe) of
your entire collection system each type
represents. For example, 80 percent
separate sanitary sewers would mean
that 80 percent of the actual miles of
pipes are separate sanitary sewers (and
20 percent are combined sewers).
A.8. Discharges and Other Disposal
Methods
a. Note whether the treatment works
discharges effluent to waters of the U.S.
If yes, note the number of treated
effluent discharge points, untreated or
partially treated effluent discharge
points, combined sewer overflow
points, constructed emergency
overflows prior to the headworks, and
any other discharge points. Dischargers
of effluent to waters of the U.S. with
flow rates greater than or equal to 0.1
mgd must also complete questions B.I
through B.6 and, in some cases. Part D
(Expanded Effluent Testing Data) of
Form 2A. See the Application Overview
on page 1 of Form 2A for more
information.
b. A surface impoundment with no
point source discharge (to waters of the
U.S.) is a holding pond or basin that is
large enough to contain all wastewaters
discharged into it. It has no places
where water overflows from it. It is used
for evaporation of water and very little
water seeps into the ground. Your plant
must report the location of each surface
impoundment, the annual average
volume discharged to each
impoundment, and the frequency of
discharge into the surface impoundment
(i.e., is the discharge continuous or
intermittent). If your plant discharges to
more than one surface impoundment,
use an additional sheet (or sheets) to
give this information for each
impoundment. Attach the additional
sheetfs) to the application form. The
information on the location of the
surface impoundment (s) may be
referenced on the topographic map
prepared under question B.2, if
applicable.
c. Land application is the spraying or
spreading of treated wastewater over an
area of land. If your plant applies
wastewater to land, you must list the
site location, the size of the site (in
acres), the annual average daily volume
applied to the site, and the frequency of
application (i.e., is the application
continuous or intermittent). If your
plant applies wastewater to more than
one site, provide the information for
each site on a separate sheet (or sheets).
Attach the additional sheet(s) to your
application form. The information on
the location of the land application site
may be referenced on the topographic
map prepared under question B.2, if
applicable.
d. If your plant discharges treated or
untreated wastewater to another
treatment works (including a municipal
. waste transport or collection system),
provide the information requested in
question A.S.d. If your plant sends
wastewater to more than one treatment
works, provide this information for each
treatment works on an additional sheet
(or sheets). Attach the additional
sheet(s) to your application form.
Describe how the wastewater is
transported to the other treatment
works. Also provide the name and
mailing address of the company that
transports your plant's wastewater to
this treatment works as well as the
name, phone number, and title of the
contact person at the transportation
company. Also provide the name and
mailing address of each treatment works
that receives wastewater from your
plant as well as the name, phone
number, and title of the contact person
at the treatment works that receives
your plant's wastewater and the NPDES
permit number for the treatment works,
if known. Indicate the average daily
flow, in million gallons per day, that is
sent from your plant to the other
treatment works.
e. If your plant disposes of its
wastewater in some way that was not
described by A.S.a through A.S.d above,
briefly describe how your plant
discharges or disposes of its wastewater.
Also give the annual daily volumes
disposed of this way and indicate
whether the discharge is continuous or
intermittent. Other ways to discharge or
dispose include underground
percolation and well injection.
Wastewater Discharges. If this
treatment works does not discharge
treated wastewater to waters of the
United States, do not complete
questions A.9 through A.I 1. Instead, go
to Part C (Certification). Note that you
may also be required to complete
portions of the Supplemental
Application Information packet.
Answer questions A.9 through A. 12
once for each outfall (including bypass
points) through which your treatment
works discharges effluent to surface
waters of the United States. Do not
include information about combined
sewer overflow discharge points.
Surface water means creeks, streams,
rivers, lakes, estuaries, and oceans. If
your treatment works has more than one
-------
42494 Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations
outfall, copy and complete questions
A.9 through A. 12 once for each outfall.
A.9. Description of Outfall
a-e. Give the outfall number and its
location. For location, provide the city
or town (if applicable), zip code, county,
state, and latitude and longitude to the
nearest second. If this outfall is a
subsurface discharge (e.g., into an
estuary, lake, or ocean), indicate how far
the outfall is from shore and how far
below the water's surface it is. Give
these distances in feet at the lowest
point of low tide. Also provide the
average dally flow rate in million
gallons per day.
f. Mark whether this outfall is a
periodic or intermittent discharge. A
"periodic discharge" is one that
happens regularly (for example,
monthly or seasonally), but is not
continuous all year. An "intermittent
discharge" is one that happens
sometimes, but not regularly. Discharges
from holding ponds, lagoons, etc., may
be included as periodic or intermittent.
Give the number of times per year a
discharge occurs from this outfall. Also
tell how long each discharge lasts and
how much water is discharged, in
million gallons per day. List each month
when discharge happens. If you do not
have records of exact months in which
such discharges occurred, provide an
estimate based on the best available •
information.
g. Indicate whether the outfall is
equipped with a diffuser.
A. 10. Description of Receiving Waters
a. Give the name of the surface water
to which this outfall discharges and the
waterbodies to which the discharge will
ultimately flow. For example, "Control
Ditch A. then into Stream B, then into
River C, and finally into River D in
River Basin E."
b. If known, provide the name of the
watershed in which the receiving water
(identified in question A.lO.a) is
located. If known, also provide the 14-
digit watershed code assigned to this
watershed by the U.S. Soil Conservation
Service.
c. If known, provide the name of the
State Management/River Basin into
which this outfall discharges. If known,
also provide the 8-digit hydrologic
cataloging unit code assigned by the
U.S. Geological Survey.
d. If known and if the water body is
a river or stream, provide the acute and
chronic critical low flow in cubic feet
per second (cfs). If you are unsure of
these numbers, the U.S. Geological
Survey may be able to give them to you
or you may be able to get these numbers
from prior studies.
e. Give the total hardness of the
receiving stream at critical low flow, in
milligrams per liter of CaCO3, if
applicable.
A. 11. Description of Treatment
a. Indicate the levels of treatment that
your plant provides for the discharge
from this outfall.
b. Give the design removal rates, in
percent, for biochemical oxygen
demand (BODs) or carbonaceous
biochemical oxygen demand (CBODs),
suspended solids (SS), phosphorus (P),
nitrogen (N), and any other parameter
requested by the permitting authority.
c. Describe the type of disinfection
your plant use? (for example,
chlorination, ozonation, ultraviolet, etc.)
and any seasonal variation in
disinfection technique that may occur. If
your plant uses chlorination, indicate
whether it also dechlorinates.
d. Note whether the facility has post
aeration.
A.'12. Effluent Testing Information
All applicants that discharge effluent
to waters of the United States must
provide effluent testing data for each
outfall. Refer to the following table to
determine which effluent testing
information questions you must
complete and to determine the number
of pollutant scans on which to base your
data. See the Application Overview on
page 1 of Form 2A for more information.
Treatment works characteristics
Form 2A requirements
Minimum
number of
scans (see
Appendix A)
Design flow rate less than 1 mgd,
and
Not required to have (or does not have) a pretreatment program
Design flow rate greater than or equal to 1 mgopr
Required to have a pretreatment program (or has one in place)pr
Otherwise required by the permitting authority to provide the data
Question A. 12
Question A. 12 and Part D of Supple-
mental Application Information Packet
3
3
Complete question A. 12 once for each
outfall through which effluent is
discharged to waters of the United
States. Indicate on each page the outfall
number (as assigned in question A.9) for
which the data are provided. Do not
include information about combined
sewer overflow discharge points in
question A. 12. For specific instructions
on completing the pollutant tables in
question A.12, refer to Appendix A of
these instructions.
Part B (Additional Application
Information for Applicants With a
Design Flow Greater Than Equal to 0.1
MOD)
',ni r
All applicants with a design flow rate
greater than or equal to 0.1 mgd must
answer questions B.I through B.6.
B.I. Inflow and Infiltration
Estimate the average daily flow rate of
inflow and infiltration in gallons per
day and steps the facility is taking to
minimize inflow and infiltration.
B.2. Topographic Map
Provide a topographic map (or other
map if a topographic map is
unavailable) extending at least one mile
beyond property boundaries of the
treatment plant, including all unit
processes. In addition, the map must
show the following:
a. Treatment plant area and unit
processes;
b. Major pipes or other structures
through which wastewater enters the
treatment plant and the pipes or other
structures through which treated
wastewater is discharged from the
treatment plant. Include outfalls from
bypass piping, if applicable;
c. Each well where fluids from the
treatment plant is injected underground;
d. Wells, springs, and other surface
waterbodies listed in public records or
otherwise known to the applicant
within one-quarter mile of the treatment
works' property boundary;
e. Sewage sludge management
facilities (including on-site treatment,
storage, and disposal sites); and
f. Location at which waste classified
as hazardous under RCRA enters the
treatment plant by truck, rail, or
dedicated pipe.
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Federal Register/Vol. 64. No. 149/Wednesday. August 4. 1999/Rules and Regulations 42495
B.3. Process Flow Diagram or Schematic
Provide a diagram showing the
processes of the treatment plant,
including all bypass piping and all
backup power sources or redundancy in
the system. Include a water balance
showing all treatment units, including
disinfection, and showing daily average
flow rates at influent and discharge
points, and approximate daily flow rates
between treatment units. Include a brief
narrative description of the diagram.
B.4. Operation/Maintenance Performed
by Contractor(s)
If a contractor carries out any
operational or maintenance aspects
associated with wastewater treatment or
effluent quality at this facility, provide
the name, mailing address, and
telephone number of each such
contractor. Also provide a description of
the responsibilities of the contractor.
Attach additional pages if necessary.
B.5. Scheduled Improvements and
Schedules of Implementation
Provide information on any
improvements to your treatment works
that you are currently planning. Include
only those improvements that will affect
the wastewater treatment, effluent
quality, or design capacity of your
treatment works (such improvements
may include regionalization of
treatment works). Also list the schedule
for when these improvements will be
started and finished. If your treatment
works has more than one improvement
planned, use a separate sheet of paper
to provide information for each one.
a. List each outfall number that is
covered by the implementation
schedule/The outfall numbers you use
must be the same as the ones provided
under question A.9.
b. Indicate whether the planned
improvements or implementation
schedules are required by local. State, or
Federal agencies.
c. Provide a brief description of the
improvements to be made for the
outfalls listed in question B.S.a,
including new maximum daily inflow
rate, if applicable.
d. Provide the information requested
for each planned improvement. Supply
dates for the following stages of any
compliance schedule. For
improvements that are planned
independently of local, State, or Federal
agencies, indicate planned or actual
completion dates, as applicable. If a step
has already been finished, give the date
when that step was completed.
• "Begin Construction" means the
date you plan to start construction.
• "End Construction" means the date
you expect to finish construction.
• "Begin Discharge" means the date
that you expect a discharge will start. •
• "Attain Operational Level" means
the date that you expect the effluent
level will meet your plant's
implementation schedule conditions.
e. Note whether your treatment works
has received appropriate permits or
clearances that are required by other
Federal or State requirements. If you
have received such permits, describe
them.
Part C (Certification)
Before completing the Certification
statement, review the Application
Overview section on the cover page of
Form 2A to make sure that you have
completed all applicable sections of
Form 2A, including any parts of the
Supplemental Application Information
packet.
All permit applications must be
signed and certified. Also indicate in
the boxes provided which sections of
Form 2A you are submitting with this
application.
An application submitted by a
municipality, State. Federal, or other
public agencymust be signed by either
a principal executive officer or ranking
elected official. A principal executive
officer of a Federal agency includes: (1)
The chief executive officer of the
agency, or (2) a senior executive officer
having responsibility for the overall
operations of a principal geographic
unit of the agency (e.g.. Regional
Administrators of EPA).
An application submitted by a
corporation must be signed by a
responsible corporate officer. A
responsible corporate officer means: (1)
A president, secretary, treasurer, or vice
president in charge of a principal
business function, or any other person
who performs similar policy- or
decision-making functions; or (2) the
manager of manufacturing, production,
or operating facilities employing more
than 250 persons or having gross annual
sales or expenditures exceeding $25
million (in second quarter 1980 dollars),
if authority to sign documents has been
assigned or delegated to the manager in
accordance with corporate procedures.
An application submitted by a
partnership or sole proprietorshipnust
be signed by a general partner or the
proprietor, respectively.
Supplemental Application Information
Packet
EPA has developed Form 2A in a
modular format, consisting of two
packets: the Basic Application
Information packet and the
Supplemental Application Information
packet. As directed by the Application
Overview section on page 1 of Form 2A,
certain applicants will need to complete
one or more parts of the Supplemental
Application Information packet in
addition to some or all of the Basic
Application Information packet. Refer to
the Application Overview section to
determine which part(s) of Form 2A you
must complete.
The Supplemental Application
Information packet is divided into the
following parts:
• Part D Expanded Effluent Testing
Data
• Part E Toxicity Testing Data
• Part F Industrial User Discharges
and RCRA/CERCLA Wastes
• Part G Combined Sewer Systems
Part D (Expanded Effluent Testing Data)
A treatment works that discharges
effluent to surface waters of the United
States and meets one or more of the
following criteria must complete Part D
(Expanded Effluent Testing Data):
• Has a design flow rate greater than
or equal to 1 mgd;
• Is required to have a pretreatment
program (or has one in place); or
• Is otherwise required by the
permitting authority to provide the
information
Refer to the following table to
determine which effluent testing
information questions you must
complete and to determine the number
of pollutant scans on which to base your
data.
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42496 Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations
Treatment works characteristics
Design flow rate less than 1 mgd but greater than 0.1 mgdjnd
No! required to have (or does not have) a pretreatment program
Design flow rate greater than or equal to 1 mgdpr
Required to have a pretreatment program (or has one in place)pr
Otherwise required by the permitting authority to provide the data
Form 2A requirements
Question B.6
Question B.6 and Part D
Application Information
of Supplemental
Packet
Minimum
number of
scans (see
Appendix A)
3
3
Complete Part D once for each outfall
through which effluent is discharged to
waters of the United States. Indicate on
each page the outfall number (as
assigned in question A.9 of the Basic
Application Information packet) for
which the data are provided. Using the
blank rows provided on the form,
submit any data the facility may have
for pollutants not specifically listed in
Part D. Note that the permitting
authority may require additional testing
on a case-by-case basis.
For specific instructions on
completing the pollutant tables in Part
D, refer to Appendix A of these
instructions.
Fart £ (Toxicity Testing Data)
Treatment works meeting one or more
of the following criteria must complete
Part E (Toxicity Testing Data):
• Treatment works with a design flow
rate greater than or equal to one mgd; or
• Treatment works with an approved
pretreatment program (as well as those
required to have one under 40 CFR Part
403); or
• Treatment works otherwise
required by the permitting authority to
submit the results of whole effluent
toxicity testing.
Applicants completing Part E must
submit the results from any whole
effluent toxicity test conducted during
the past four and one-half years that
have not been reported or submitted to
the permitting authority for each outfall
discharging effluent to the waters of the
United States. Do not include
information on combined sewer
overflows in this section. If the
applicant conducted a whole effluent
toxicity test during the past four and
one-half years that revealed toxicity,
then provide any information available
on the cause of the toxicity or any
results of a toxicity reduction
evaluation, if one was conducted.
Test results provided in Part E must
be based on multiple species being
tested quarterly for a minimum of one
year. For multiple species, EPA requires
a minimum of two species (e.g.,
vertebrates and invertebrates). The
permitting authority may require the
applicant to include other species (e.g.,
plants) as well. Applicants must provide
these tests for either acute or chronic
toxicity depending on the range of the
receiving water dilution. EPA
recommends that applicants conduct
acute or chronic toxicity testing based
on the following dilutions:
• Acute toxicity testing if the dilution
of the effluent is greater than 1000:1 at
the edge of the mixing zone.
• Acute or chronic toxicity testing if
the dilution of the effluent is between
100:1 and 1000:1 at the edge of the
mixing zone. Acute testing may be more
appropriate at the higher end of this
range (1000:1), and chronic testing may
be more appropriate at the lower end of
this range (100:1).
• Chronic toxicity testing if the
dilution of the effluent is less than 100:1
at the edge of the mixing zone.
All data provided in Part E must be
based on tests performed within four
and one-half years prior to completing
this application. The tests must have
been conducted since the last NPDES
permit issuance or permit modification
under 40 CFR 122.62(a). In addition,
applicants only need to submit data that
have not previously been submitted to
the permitting authority. Thus, if test
data have already been submitted
(within the last four and one-half years)
in accordance with an issued NPDES
permit, the treatment works may note
the dates the tests were submitted and
need not fill out the information
requested in question E.2 for that test.
Additional copies of Part E may be
used in submitting the required
information. A permittee having no
significant toxicity in the effluent over
the past year and who has submitted all
toxicity test results through the end of
the calendar quarter preceding the time
of permit application would need to
supply no additional toxicity testing
data as part of this application. Instead,
the applicant should complete question
E.4, which requests a summary of
bioassay test information already
submitted. (See below for more detailed
instructions on completing question E.4)
Where test data are requested to be
reported, the treatment works has the
option of reporting the requested data
on Form 2A or on reports supplied by
the laboratories conducting the testing,
provided the data requested are
complete and presented in a logical
fashion. The permitting authority
reserves the right to request that the data
be reported on Form 2A.
E.I. Required Tests
Provide the total number of chronic
and acute whole effluent toxicity tests
conducted in the past four and one-half
years. A "chronic" toxicity test
continues for a relatively long period of
time, often one-tenth the life span of the
organism or more. An "acute" toxicity
test is one in which the effect is
observed in 96 hours or less.
E.2. Individual Test Data
Complete E.2 for each test conducted
in the last four and one-half years for
which data has not been submitted. Use
the columns provided on the form for
each test and specify the test number at
the top of each column. Use additional
copies of question E.2 if more than three
tests are being reported. The parameters
listed on the form are based on EPA-
recommended test methods. Permittees
may be required by the permitting
authority to submit additional test
parameter data for the purposes of
quality assurance.
If the treatment works is conducting
whole effluent toxicity tests and
reporting its results in accordance with
a NPDES permit requirement, then the
treatment works may note the dates the
tests were submitted and need not fill
out the information requested in
question E.2. for those tests (unless
otherwise required by the permitting
authority).
a. Provide the information requested
on the form for each test reported.
Under "Test species & test method
number," provide the scientific name of
the organism used in the test and the
test method number. The "Outfall
number" reported must correlate to the
outfall numbers listed in question A.9 of
the Basic Application Information
packet.
b. Provide the source of the toxicity
test methods followed. In conducting
the tests, the treatment works must use
methods approved in accordance with
40 CFR Part 136.
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Note: Approved methods are currently
under development.
c. Indicate whether 24-hour
composite or grab samples were used for
each test. For multiple grab samples,
provide the number of grab samples
used. Refer to Appendix A of the
instructions for a definition of
composite and grab samples.
d. Indicate whether the sample was
taken before or after disinfection and/or
after dechlorination.
e. Provide a description of the point
in the treatment process at which the
sample was collected.
f. Indicate whether the test was
intended to assess chronic or acute
toxicity.
g. Indicate which type of test was
performed. A "static" test is a test
performed with a single constant
volume of water. In a "static-renewal"
test, the volume of water is renewed at
discrete intervals. In a "flow-through"
test, the volume of water is renewed
continuously.
h. Indicate whether laboratory water
or the receiving water of the tested
outfall was used as the source of
dilution water. If laboratory water was
used, provide the type of water used.
i. Indicate whether fresh or salt water
was used as the dilution water. For salt
water, specify whether the salt water
was natural or artificial (specify the type
of artificial water used).
j. For each concentration in the test
series, provide the percentage of effluent
used.
k. Provide the minimum and
maximum parameters measured during
the test for pH, salinity, temperature,
ammonia, and dissolved oxygen.
1. Provide the results of each test
performed. For acute toxicity tests,
provide the percent survival of the test
species in 100 percent effluent. Also
provide the LCSO (Lethal Concentration
to 50 percent) of the test. "LC50" is the
effluent (or toxicant) concentration
estimated to be lethal to 50 percent of
the test organisms during a specific
period. Provide the 95% confidence
interval, control percent survival, and
any other test results requested by the
permitting authority in the space
provided. For chronic toxicity tests,
provide data at the most sensitive
endpoint. While this is generally
expressed as a "NOEC" (No Observed
Effect Concentration), it may be
expressed as an "Inhibition
Concentration" (e.g., "ICzs"-—Inhibition
Concentration to 25 percent). The NOEC
is the highest measured concentration of
an effluent (or a toxicant) at which no
significant adverse effects are observed
on the test organisms at a specific time
of observation. The IC2s is the effluent
(or toxicant) concentration estimated to
cause a 25 percent reduction in
reproduction, fecundity, growth, or
other non-quantal biological
measurements. Provide the control
percent survival. Indicate any other test
results in the space provided.
m. Note whether reference toxicant
data is available and indicate whether
the reference toxicant test was within
acceptable bounds. Provide the date on
which the reference toxicant test was
run. Also provide any other quality
control/quality assurance information
that may be requested by the permitting
authority.
E.3. Toxicity Reduction Evaluation
A Toxicity Reduction Evaluation
(TRE) is a site-specific study conducted
in a stepwise process designed to
identify the causative agents of effluent
toxicity. evaluate the effectiveness of
toxicity control options, and then
confirm the reduction in effluent
toxicity. If the treatment works is
conducting a TRE as part of a NPDES
permit requirement or enforcement
order, then you only need to provide the
date of the last progress report
concerning the TRE in the area reserved
for details of the TRE.
E.4. Summary of Submitted
Biomonitoring Test Information
As stated above, applicants that have
already submitted the results of
biomonitoring test information over the
past four and one-half years do not need
to resubmit this data with Form 2A.
Instead, indicate in question E.4 the
date you submitted each report and
provide a summary of the test results for
each report. Include in this summary
the following information: the outfall
number and collection dates of the
samples tested, dates of testing, toxicity
testing method(s) used, and a summary
of the results from the test (e.g, 100%
survival in 40% effluent).
Part F (Industrial User Discharges and
RCRA/CERCLA Wastes)
All treatment works receiving
discharges from significant industrial
users (SIUs) or facilities that receive
RCRA, CERCLA, or other remedial
wastes must complete Part F.
A "categorical industrial user" is an
industrial user that is subject to
Categorical Pretreatment Standards
under 40 CFR 403.6 and 40 CFR Chapter
I, Subchapter N, which are technology-
based standards developed by EPA
setting industry-specific effluent limits.
(A list of Industrial Categories subject to
Categorical Pretreatment Standards is
included in Appendix 3.)
A "significant industrial user" is
defined in 40 CFR 403.3(t) as an
industrial user that:
• Is subject to Categorical
Pretreatment Standards under 40 CFR
403.6 and 40 CFR Chapter I, Subchapter
N; and
• Any other industrial user that:
discharges an average of 25,000 gallons
per day or more of process wastewater
to the treatment works (excluding
. sanitary, non-contact cooling and boiler
blowdown wastewater); contributes a
process wastestream that makes up 5
percent or more of the average dry
weather hydraulic or organic capacity of
the treatment works; or is designated as
such by the Control Authority as
defined in 40 CFR 403.12(a) on the basis
that the industrial user has a reasonable
potential for adversely affecting the
treatment works operation or for
violating any pretreatment standard or
requirement (in accordance with 40 CFR
403.8(f)(6)).
An "industrial user" means any
industrial or commercial entity that
discharges wastewater that is not
domestic wastewater. Domestic
wastewater includes wastewater from
connections to houses, hotels, non-
industrial office buildings, institutions,
or sanitary waste from industrial
facilities. The number of "industrial
users" is the total number of industrial
and commercial users that discharge to
the treatment works.
For the purposes of completing the
application form, please provide
information on non-categorical SIUs and
categorical industrial users separately.
F.I. Pretreatment Program
Indicate whether the treatment works
has an approved pretreatment program.
An "approved pretreatment program" is
a program administered by a treatment
works that meets the criteria established
in 40 CFR 403.8 and 403.9 and that has
been approved by a Regional
Administer or State Director.
Note that if this treatment works has
or is required to have a pretreatment
program, you must also complete Parts
D and E of the Supplemental
Application Information packet.
F.2. Number of Significant Industrial
Users (SIUs) and Categorical Industrial
Users (CIUs)
Provide the number of SIUs and the
number of CIUs that discharge to the
treatment works.
Significant Industrial User (SIU)
Information. All treatment works that
receive discharges from SIUs must
complete questions F.3 through F.8. If
your treatment works receives
wastewater from more than one SIU,
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42498 Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations
complete questions F.3 through F.8 once
for each SIU.
F.3. Significant Industrial User
Information
Provide the name and mailing address
of each SIU. Submit additional pages as
necessary.
F.4. Industrial Processes
Describe the actual processes) (rather
than simply listing them) at the SIU that
affect or contribute to the SIU's
discharge. For example, in describing a
metal finishing operation, include such
information as how the product is
cleaned prior to finishing, what type of
plating baths are in operation (e.g.,
nickel, chromium), how paint is
applied, and how the product is
polished. Attach additional sheets if
necessary.
F.5. Principal Produces) and Raw
Materials)
List principal products that the SIU
generates and the raw materials used to
manufacture the products.
F.6. Flow Rate
"Process wastewater" means any
water that, during manufacturing or
processing, comes into direct contact
with or results from the production or
use of any raw material, intermediate
product, finished product, byproduct, or
waste product. Indicate the average
daily volume, in gallons per day, of
process wastewater and non-process
wastewater that the SIU discharges into
the collection system. Specify whether
the discharges are continuous or
intermittent.
F.7. Pretreatment Standards
Indicate whether the SIU is subject to
local limits and categorical pretreatment
standards. "Local limits" are
enforceable local requirements
developed by treatment works to
address Federal standards as well as
state and local regulations. "Categorical
pretreatment standards" are national
technology-based standards developed
by EPA, setting industry-specific
effluent limits. These standards are
implemented by 40 CFR 403.6. If the
treatment works is subject to categorical
pretreatment standards, indicate the
category and subcategory.
F.8. Problems at the Treatment Works
Attributed to Waste Discharged by the
SIU
Provide information concerning any
problems the treatment works has
experienced that are attributable to
discharges from the SIUs. Problems may
include upsets or interference at the
plant, corrosion in the collection
system, or other similar events in the
past three years.
RCRA Hazardous Waste Received by
Truck. Rail or Dedicated Pipelines
defined in Section 1004(5) of the
Resource Conservation and Recovery
Act (RCRA), "Hazardous waste" means
"a solid waste, or combination of solid
wastes, which because of its quantity,
concentration, or physical, chemical or
infectious characteristics may:
• Cause or significantly contribute to
an increase in mortality or an increase
in serious irreversible, or incapacitating
reversible, illness; or
• Pose a substantial present or
potential hazard to human health or the
environment when improperly treated,
stored, transported, or disposed of, or
otherwise managed."
Those solid wastes that are
considered hazardous are listed under
40 CFR Part 261. Treatment works that
accept hazardous wastes by truck, rail,
or dedicated pipeline (a pipeline that is
used to carry hazardous waste directly
to a treatment works without prior
mixing with domestic sewage) within
the property boundary of the treatment
works are considered to be hazardous
waste treatment, storage, and disposal
facilities (TSDFs) and, as such, are
subject to'regulations under RCRA.
Under RCRA, mixtures of domestic
sewage and other wastes that
commingle in the treatment works
collection system prior to reaching the
property boundary, including those
wastes that otherwise would be
considered hazardous, are excluded
from regulation under the domestic
sewage exclusion. Hazardous wastes
that are delivered directly to the
treatment works by truck, rail, or
dedicated pipeline do not fall within the
exclusion. Hazardous wastes received
by these routes may only be accepted by
treatment works if the treatment works
complies with applicable RCRA
requirements for TSDFs.
Applicants completing questions F.9
through F.I 1 should have indicated all
points at which RCRA hazardous waste
enters the treatment works by truck, rail,
or dedicated pipe in the map provided
in question B.2 of the Basic Application
Information packet, if applicable.
F.9. RCRA Waste
Indicate whether the treatment works
currently receives or has received RCRA
waste by truck, rail, or dedicated pipe
in the past three years.
F. 10. Waste Transport
Indicate the method by which RCRA
waste is received at the treatment works.
F. 11. Waste Description
Provide the EPA hazardous waste
numbers, which are located in 40 CFR
Part 261. Subparts C & D, and the
amount (in volume or mass) received.
CERCLA (Superfund) Wastewater anc
RCRA Remediation/ Corrective Action
Wastewater. Substances that are
regulated under Comprehensive
Environmental Response,
Compensation, and Liability Act
.(CERCLA) are described and listed in 40
CFR Part 302. Questions F.I2 through
F.I5 apply to the type, origin, and
treatment of CERCLA wastes currently
(or expected to be) discharged to the
treatment works.
F. 1.2. CERCLA Waste
Indicate whether this treatment works
currently receives waste from a CERCLA
(Superfund) site or plans to accept
waste from a CERCLA site in the next
five years. If it does, provide the
information requested in F.I3 through
F.I5 once for each site.
F. 13. Waste Origin
Provide information about the
CERCLA site that is discharging waste to
the treatment works. Information must
include a description of the type of
facility and an EPA identification
number if one exists.
F.14. Pollutants
Provide a list of the pollutants that are
or will be discharged by the CERCLA
site and the volume and concentration
of such pollutants.
F.I5. Waste Treatment
Provide information concerning the
treatment used (if any) by the CERCLA
site to treat the waste prior to
discharging it to the treatment works.
The information should include a
description of the treatment technology,
information on the frequency of the
discharge (continuous or intermittent)
and any data concerning removal
efficiency.
Part G. (Combined Sewer Systems)
A combined sewer system collects a
mixture of both sanitary wastewater and
storm water runoff.
G. 1. System Map
Indicate on a system map all CSO
discharge points. For each such point.
indicate any sensitive use areas and any
waters supporting threatened or
endangered species that are potentially
affected by CSOs. Sensitive use areas
include beaches, drinking water
supplies, shellfish beds, sensitive
aquatic ecosystems, and outstanding
natural resource waters.
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Applicants may provide the
information requested in question G. 1
on the map submitted in response to
question B.2 in the Basic Application
Information packet, if applicable.
All maps should be either on paper or
other material appropriate for
reproduction. If possible, all sheets
should be approximately letter size with
margins suitable for filing and binding.
As few sheets should be used as
necessary to show clearly what is
involved. All discharge points should be
identified by outfall number. Each sheet
should be labeled with the applicant's
name, NPDES permit number, location
(city, county, or town), date of drawing,
and designation of the number of sheets
of each diagram as "page of ."
G.2. System Diagram
Diagram the location of combined and
separate sanitary major sewer trunk
lines and indicate any connections
where separate sanitary sewers feed into
the combined sewer system. Clearly
indicate the location of all in-line and
off-line storage structures, flow
regulating devices, and pump stations.
The drawing should be either on
paper or other material appropriate for
reproduction. If possible, all sheets
should be approximately letter size with
margins suitable for filing and binding.
As few sheets should be used as
necessary to show clearly what is
involved. All discharge points should be
identified by outfall number. Each sheet
should be labeled with the applicant's
name, NPDES permit number, location
(city, county, or town), date of drawing,
and designation of the number of sheets
of each diagram as "page of ".
CSO Outfalls. Fill out a copy of
questions G.3 through G.6 once for each
CSO discharge point. Attach additional
pages as necessary.
G.3. Description of Outfall
a-f. Provide the outfall number and
location (including city or town if
applicable, state, county, and latitude
and longitude to the nearest second).
For subsurface discharges (e.g.,
discharges to lakes, estuaries, and
oceans), provide the distance (in feet) of
the discharge point from the shore and
the depth (in feet) of the discharge point
below the surface of the discharge point.
Provide these distances at the lowest
point of low tide. Indicate whether
rainfall, CSO flow volume, CSO
pollutant concentrations, receiving
water quality, or CSO frequency were
monitored during the past 12 months. In
addition, provide the number of storm
events monitored during the past 12
months.
G.4. CSO Events
a. Provide the number of CSO events
that have occurred in the past 12
months. Indicate whether this is an
actual or approximate number.
b. Provide the average duration (in
hours) per CSO event. Indicate whether
this is an actual or approximate value.
c. Provide the average volume (in
million gallons) of discharge per CSO
incidents over the past 12 months.
Indicate whether this is an actual or
approximate number.
d. Provide the minimum amount of
rainfall that caused a CSO incident in
the past 12 months.
G.5. Description of Receiving Waters
a. List the name(s) of immediate
receiving waters starting at the CSO
discharge point and moving
downstream. For example, "Control
Ditch A, thence to Stream B, thence to
River C, and thence to River D in the
River Basin E."
b. Provide the name of the watershed/
river/stream system in which the
receiving water (identified in question
A.lO.a) is located. If known, also
provide the 14-digit watershed code
assigned to this watershed by the U.S.
Soil Conservation Service.
c. Provide the name of the State
Management/River Basin into which
this outfall discharges. If known, also
provide the 8-digit hydrologic
cataloging unit code assigned by the
U.S. Geological Survey.
G.6. CSO Operations
Provide a description of any known
water quality impacts on the receiving
water caused by CSOs from this
discharge point. Water quality impacts
include/but are not limited to,
permanent or intermittent beach
closings, permanent or intermittent
shell fish bed closings, fish kills, fish
advisories, other recreational loss, or
violation of any applicable State water
quality standard.
Appendix A—Guidance for Completing the
Effluent Testing Information; All Treatment
Works
All applicants must provide data for each
of the pollutants in question A. 12 of the
Basic Application Information packet. Some
applicants must also provide data for the
pollutants in question B.6 of the Basic
Application Information packet and Part D of
the Supplemental Application Information
packet. All applicants submitting effluent
testing data must base this data on a
minimum of three pollutant scans. All
samples analyzed must be representative of
the discharge from the sampled outfall.
If you have existing data that fulfills the
requirements described below, you may use
that data in lieu of conducting additional
sampling. If you measure more than the
required number of daily values for a
pollutant and those values are representative
of your wastestream, you must include them
in the data you report. In addition, use the
blank rows provided on the form to provide
any existing sampling data that your facility
may have for pollutants not listed in the
appropriate sections. All data provided in the
application must be based on samples taken
within three years prior to the time of this
permit application.
Sampling data must be representative of
the treatment works' discharge and take into
consideration seasonal variations. At least
two of the samples used to complete the
effluent testing information questions must
have been taken no fewer than 4 months and
no more than 8 months apart. For example,
one sample may be taken in April and
another in October to meet this requirement.
Applicants unable to meet this time
requirement due to periodic, discontinuous,
or seasonal discharges can obtain alternative
guidance on this requirement from their
permitting authority.
.The collection of samples for the reported
analyses should be supervised by a person
experienced in performing wastewater
sampling. Specific requirements contained in
the applicable analytical methods should be
followed for sample containers, sample
preservation, holding times, and collection of
duplicate samples. Samples should be taken
at a time representative of normal operation.
To the extent feasible, all processes that
contribute to wastewater should be in
operation and the treatment system should be
operating properly with no system upsets.
Samples should be collected from the center
of the flow channel (where turbulence is at
a maximum), at a location specified in the
current NPDES permit, or at any location
adequate for the collection of a representative
sample.
A minimum of four grab samples must be
collected for pH, temperature, cyanide, total
phenols, residual chlorine, oil and grease,
fecal coliform, E. co/i,and enterococci
(applicants need only provide data on either
fecal coliform or E. coli and enterococci). For
all other pollutants, 24-hour composite
samples must be collected. However, a
minimum of one grab sample, instead of a 24-
hour composite, may be taken for effluent
from holding ponds or other impoundments
that have a retention period greater than 24
hours.
Grab and composite samples are defined as
follows:
• Grab sample: an individual sample of at
least 100 milliliters collected randomly for a
period not exceeding 15 minutes.
• Composite sample: a sample derived
from two or more discrete samples collected
at equal time intervals or collected
proportional to the flow rate over the
compositing period. The composite
collection method may vary depending on
pollutant characteristics or discharge flow
characteristics.
The permitting authority may allow or
establish appropriate site-specific sampling
procedures or requirements, including
sampling locations, the season in which
sampling takes place, the duration between
-------
42500 Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations
sampling events, and protocols for collecting
samples under 40 CFR Part 136. Contact EPA
or the State permitting authority for detailed
guidance on sampling techniques and for
answers to specific questions. The following
Instructions explain how to complete each of
the columns in the pollutant tables in the
effluent testing information sections of Form
ZA,
Maximum Daily Discharge. For composite
samples, the daily discharge is the average
pollutant concentration and total mass found
in a composite sample taken over a 24-hour
period. For grab samples, the daily discharge
Is the arithmetic or flow-weighted total mass
or average pollutant concentration found in
a series of at least four grab samples taken
during the operating hours of the treatment
works during a 24-hour period.
To determine the maximum daily
discharge values, compare the daily
discharge values from each of the sample
events. Report the highest total mass and
highest concentration level from these
samples.
• "Concentration" is the amount of
pollutant that is present in a sample with
respect to the size of the sample. The daily
discharge concentration is the average
concentration of the pollutant throughout the
24-hour period.
• "Mass" is calculated as the total mass of
the pollutant discharged over the 24-hour
period.
• All data must be reported as both
concentration and mass (where appropriate).
Use the following abbreviations in the
columns headed "Units."
ppm—parts per million
gpd—gallons per day
mgd—million gallons per day
su—standard units
rrtg/1—milligrams per liter
ppb—parts per billion
ug/1—micrograms per liter
Ibs—pounds
ton—tons (English tons)
mg—milligrams
g—grams
kg—kilograms
T—tonnes (metric tons)
Average Daily Discharge. The average daily
discharge is determined by calculating the
arithmetic mean daily pollutant
concentration and the arithmetic mean daily
total mass of the pollutant from each of the
sample events within the three years prior to
this permit application. Report the
concentration, mass, and units used under
the Average Daily Discharge column, along
with the number of samples on which the
average is based. Use the unit abbreviations
shown above in "Maximum Daily
Discharge."
If data requested in Form 2A have been
reported on the treatment works' Discharge
Monitoring Reports (DMRs). you may
compile such data and report it under the
maximum daily discharge and the average
daily discharge columns of the form.
Analytical Method. All information
reported must be based on data collected
through analyses conducted using 40 CFR
Part 136 methods. Applicants should use
methods that enable pollutants to be detected
at levels adequate to meet water quality-
based standards. Where no approved method
can detect a pollutant at the water quality-
based standards level, the most sensitive
approved method should be used. If the
applicant believes that an alternative method
should be used (e.g., due to matrix
interference), the applicant should obtain
prior approval from the permitting authority.
If an alternative method is specified in the
existing permit, the applicant should use that
method unless otherwise directed by the
permitting authority. Where no approved
analytical method exists, an applicant may
use a suitable method but must provide a
description of the method. For the purposes
of the application, "suitable method" means
a method that is sufficiently sensitive to
measure as close to the water quality-based
standard as possible.
Indicate the method used for each
pollutant in the "Analytical Method" column
of the pollutant tables. If a method has not
been approved for a pollutant for which you
are providing data, you rmy use a suitable
method to measure the concentration of the
pollutant in the discharge, and provide a
detailed description of the method used or a
reference to the published method. The
description must include the sample holding
time, preservation techniques, and the
quality control measures used. In such cases,
indicate the method used and attach to the
application a narrative description of the
method used.
Reporting Levels. The applicant should
provide the method detection limit (MDL),
minimum level (ML), or other designated
method endpoint reflecting the precision of
the analytical method used.
All analytical results must be reported
using the actual numeric values determined
by the analysis. In other words, even where
analytical results are below the detection or
quantitation level of the method used, the
actual data should be reported, rather than
reporting "non-detect" ("ND") or "zero"
("0"). Because the endpoint of the method
has also been reported along with the test
results, the permitting authority will be able
to determine if the data are in the "non-
detect" or "below quantitation" range.
For any dilutions made and any problems
encountered in the analysis, the applicant
should attach an explanation and any
supporting documentation with the
application. For GC/MS. report all results
found to be present by spectral confirmation
(i.e.. quantitation limits or detection limits
should not be used as a reporting threshold
for GC/MS).
Total Recoverable Metals. Total
recoverable metals are measured from
unfiltered samples using EPA methods
specified in 40 CFR Part 136.3. A digestion
procedure is used to solubilize suspended
materials.and destroy possible organic metal
complexes. The method measures dissolved
metals plus those metals recovered from
suspended particles by the method digestion.
Appendix B—Industrial Categories Subject
to National Categorical Pretreatment
Standards
Industrial Categories with Pretreatment
Standards in Effect
Aluminum Forming
Asbestos Manufacturing
Battery Manufacturing
Builder's Paper and Board Mills
Carbon Black Manufacturing
Coil Coating
Copper Forming
Electrical and Electronic Components
Electroplating
Feedlots
Ferroalloy Manufacturing
Fertilizer Manufacturing
Glass Manufacturing
Grain Mills Manufacturing
Ink Formulating
Inorganic Chemicals
Iron and Steel Manufacturing
Leather Tanning and Finishing
Metal Finishing
Metal Molding and Casting
Nonferrous Metals Forming and Metal
Powders
Nonferrous Metals Manufacturing
Organic Chemicals, Plastics and Synthetic
Fibers
Paint Formulating
Paving and Roofing
Pesticide Manufacturing
Petroleum Refining
Pharmaceutical Manufacturing
Porcelain Enameling
Pulp, Paper and Paperboard
Rubber Manufacturing
Soap and Detergents Manufacturing
Steam Electric Power Generating
Sugar Processing
Timber Products Manufacturing
Industrial Categories with Effluent Guidelines
Currently Under Development
Pulp, Paper, and Paperboard
Pesticide Formulating, Packaging, and
Repackaging
Centralized Waste Treatment
Pharmaceutical Manufacturing
Metal Products and Machinery, Phase I
Industrial Laundries
Transportation Equipment Cleaning
Landfills and Incinerators
Metal Products and Machinery, Phase II
BILLING CODE 6560-50-P
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Federal Register/Vol. 64. No. 149/Wednesday, August 4. 1999/RuIes and Regulations 42501
Form Approved 1,'14f99
OMB Number 2040-OOSS
FACSLJTY NAME AND PERMIT NUMBER:
FORM
, 2S
NPDES
PRELIMINARY INFORMATION
i FACILITIES INCLUDED IN ANY OF THE FOLLOWING CATEGORIES MUST COMPLETE PART 2
PERMIT APPLICATION INFORMATION).
i
[ 1. Facilities with a currently effective NPDES permit.
2. Facilities which have been directed by the permitting authority io submit a full permit application at this tine.
ALL OTHER FACILITIES MUST COMPLETE PART 1 (LIMITED BACKGROUND INFORMAHON1.
EPA Form 3510-2S (Rev. 1-99)
Page 1 of 23
-------
42502 Federal Register/Vol. 64. No. 149/Wednesday, August 4, 1999/Rules and Regulations
FACILITY NAME AND PERMIT NUMBER;
Form Approved 1/14/99
OMB Number 2040-OOS6
^"^"''""?^^
This part should b« completed only by VgiadgVonl/'facH^
JjPJ3ESp»nrtl|t.for a direct discrM^ ';; •.',/•••'"'• • ',...' ...;:••• "''t^Ly ";!i;;:"--'.cl, *:.'•,,•.; ,:r,
^orpurpostsof^hUfonriahetirrb'Wtf'reVers'tbtHi'BDDlicanJ: •Thtsttc1ll«r'«and^urfacm«v«™fe^ib*iiBfaciiltuYor.whip.h
,
appllcatlonlnformattonlssubmltted. .:,,;;;
.,,,_i.i.: .;• -::?v
j 1, FtcUltx Informatlor..
j s. FaeKty nam«
b. Marino Address
o. Contact person
TOa
Telephone number
d. Facility Address (not P.O. B ox)
t. Indicate the type of facility
Pubiiely owned treatment works (POTW)
Federally owned treatment works
Surface disposal site
Other (describe)
. Privately owned treatment works
. Blending or treatment operation
. Sewags sludge incinerator
Applicant Information.
a. Applicant name
b Mailing Address
c. Contact person
Tide
Telephone number
d. Is the applicant the owner or operator (or both) of this facility?
owner operator
e. Should correspondence regarding this permit be directed to the facility or the applicant?
facility applicant
EPA Form 3510-2S (Rev. 1-99)
Page 2 of 23
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Federal Register/Vol. 64. No. 149/Wednesday. August 4, 1999/Rules and Regulations 42503
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14/99
OMB Number 204Q-OOB6
i-. Sewage Sludge Amount. Provide the total dry metric tons per latest 365 day period of sewage sludge handled under the following practices:
Amount generated at the facility
Amount received from off site
Amount treated or blended on site
Amount sold or given away in a bag or other container for application to the land
Amount of bulk sewage sludge shipped off site for treatment or blending
Amount applied to the land in bulk form
Amount placed on a surface disposal site
Amount fired in a sewage sludge incinerator
Amount sent to s municipal solid waste landfil!
Amount used or disposed by another practice
Describe
_ dry metric tons
_ dry metric tons
_ dry metric tons
_ dry metric tons
_ dry metric tons
. dry metric tons
_ dry metric tons
_ dry metric tons
. dry metric tons
_ dry metric tons
Pollutant Concentrations. Using the table beiow or a separate attachment, provide existing sewage sludge monitoring data for the pollutants
for which limits in sewage sludge have been established in 40 CFR part 503 for this facility's expected use or disposal practices !f available
base data on three or more samples taken at least one month apart and no more than four and one-half years old
eOUUTANT
•ANAtamCAUMEfHOD
; •pETECnON LEVEL KOR ANALYSIS.
S. Treatment Provided At Your Facility.
a. Which class of pathogen reduction does the sewage sludge meet at your facility? ,
Class A Class B Neither or unknown
b. Describe, on this form or another sheet of paper, any treatment processes used at your facility to reduce pathogens in sewage sludge:
EPA Form 3510-2S (Rev. 1-99)
Page 3 of 23
-------
42504 Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations
i FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14/99
OMB Number 2040-OOSS
c. Which vector attraction reduction option is met for the sewage sludge at your facility?
i Option 1 (Minimum 38 percent reduction in volatile solids)
Option 2 (Anaerobic process, with bench-scale demonstration)
.Option 3 (Aerobic process, with bench-scale demonstration)
Option 4 (Specific oxygen uptake rate for aeroblcally digested sludge)
Option 5 (Aerobic processes plus raised temperature)
Option S (Raise pH to 12 and retain at 11.5)
. Option 7 (75 Dsrcsnl soiids witn no unsiabilized solids;
Option 8 (90 percept soiids wiU- up.stabilized solids)
Option 9 (Injection below land surface)
Option 10 (Incorporation into soil within 6 hours)
Option 11 (Covering active sewage sludge unit daily)
None or unknown
d, Describe, on this forrr or another sheet of paper, any treatment processes used at your facility to reduce vector attraction properties of
sewage sludge:
3«wage Sludge Sent to Other Facilities. Does the sewage sludge from your facility meet the Table 1 celling concentrations, the Table 5
pollutant concentrations, Class A pathogen requirements, and one of the vector attraction options 1-8?
Yes No
If yes, go to question 8 (Certification}.
If no, Is sewage sludge from your facility provided to another facility for treatment, distribution, use, or disoosai?
_____ Yes No
If nc. go to question 7 (Us* and Disposal Sites).
If y«s, provide Jhe following information for the facility receiving the sewage sludge:
a. Facility name ;
b. Mailing address
Contact person
Title ' !
Telephone number
d. Which activities does the receiving facility provide? (Check all that apply)
. Treatment or blending
. Land application
. Incineration
. Sale or give-away in bag or other container
. Surface disposal
. Other (describe):
EPA Form 3510-2S (Rev. 1-99)
Page 4 of 23
-------
Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations 42505
FAClLiTY NAME AND PERMIT NUMBER:
Form Approved 7/f*39
OMB Number 2040-0086
Use and Disposal Sites. Provide the following information for each site on which sewage sludge from this facility is used or disposed:
a. Site name or number .
b. Contact person
Title
Telephone
c. Site location (Complete 1 or 2}
1. Street or Route #
County ____^^_
City or Town •
2. Latitude
State
Zip
l_ongitude_
d. Site type (Check all that apply)
Agricultural Lawn or home garden
Surface disposal Public Contact
Reclamation Municipal Solid Waste Landfill
_ Forest
. Incineration
. Other (describe):
Certif ication. Sign the certification statement below. (Refer to instructions to determine who is an officer for purposes of this certification.)
I certify under penalty of law thai this document and all attachments were prepared under my direction or supervision in accordance with the
system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person
or persons who manage the system or those persons directly responsible for gathering the information, the information is to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including
the possibility of fine and impnsonment for knowing violations.
Name and official title
Signature
Telephone number
Date signed
SEND COMPLETED FORMS TO:
EPA Form 3510-2S (Rev. 1-99)
Page 5 of 23
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42506 Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14/99
OMB Number 2040-0036
Hori.^;tr)Js;<{m«L ;lao^
for f»urpo»»s of.th'li form.'theVferm ^oiSWfereto the .applicant: %his fac1liiy.VandrsrourfacJI.8/^irefe* *o'4he7ftcillty for whfcjt
;«|^lMU^'lnfbtTnatfonissubnnirtt^;:L;:'r: ; '•'•••' '^;--- i./f i±:r •••«:•;:: ' j^t;;...;:j.-.sj;;;.;^-:,^ :,yj^.:.v:^,. , ,, (
APPLICATION OVERVIEW — SEWAGE SLUDGE USE OR DISPOSAL INFORMATION
flv»seTi£oris^
facnit/s^wapa sludge use or djspo^l practices. The mtomati^^
1. SECTION A: GENERAL INFORMATION.
Section A must be completed by all applicants
2, SECTION B: GENERATION OF SEWAGE SLUDGE OR PREPARATION OF A MATERIAL DERIVED FROM SEWAGE SLUDGE,
Section B must be completed by applicants who either:
1j Generate sewage sludge, or
2} Derive a material from sewage sludge.
" " V " ' 'I . .
3. SECTION C: LAND APPLICATION OF BULK SEWAGE SLUDGE.
Section C must be completed by applicants who either:
1) Aoply sewage to the land, or
2} Generate sewage sludge which is applied to the land by others.
NOTE: Applicants who meet either or both of the two above criteria are exempted from this requirement if ajl sewage sludge from their facility
falls into one of the following three categories:
1} The sewage sludge from this facility meets the ceiling and pollutant concentrations, Class A pathogen reduction requirements, and one of
vector attraction reduction options 1-8, as identified in the instructions, or
2) The sewage sludge from this facility Is placed in a bag or other container for sale or give-away for application to the land, or
3) The sewage sludge from this facility Is sent to another facility for treatment or blending.
4. SECTION D: SURFACE DISPOSAL
Section 0 must be completed by applicants who own or operate a surface disposal site.
5. SECTION E: INCINERATION
Section E must be completed by applicants who own or operate a sewage sludge incinerator.
EPA Form 3510-2S (Ray. 1-99)
Page 6 of 23
-------
Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations 42507
Form Approved T/14/9S
OMB Number 2040-OOBS
FACILITY NAME AND PERMIT NUMBER
A. GENERAL INFORMATION
.Ajljapplicantsrou^t^ciompletejthri section,
A.1. Facility Information.
a. Facility name
b. Mailing Address
c. Contact person
Title
Telephone number
d. Facility Address (not P.O. Box)
e. Is this facility a Class! sludge management facility?
f. Facility design flow rate: mgd
g. Total population served:
h. Indicate the type of facility:
Publicly owned treatment works (POTW)
Federally owned treatment works
Surface disposal site
Other (describe)
Yes
No
. Privately owned treatment works
. Blending or treatment operation
Sewage sludge incinerator
. Applicant information. If the applicant is different from the above, provide the following:
a. Applicant name '
b. Mailing Address
c. Contact person
Title
Telephone number
d. Is the applicant the owner or operator (or both) of this facility?
owner operator
e. Should correspondence regarding this permit should be directed to the facility or the applicant.
facility applicant
EPA Form 3510-2S (Rev. 1-99)
Page 7 of 23
-------
1..'
1 •
42508 Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations
FACILITY NAME AND PERMr NUMBER:
Form Approved 1/14/99
OMB Number 2040-OOSS
A.3. Permit Information,
a. Facility's NPDES permit number (if applicable):
b. Ust. on this form or an attachment, all other Federal, State, and local permits or construction approvals received or applied fo-- that
regulate this facility's sewage sludge management practices:
P*rmit Number
Type of Permit
Indian Country. Does any generation, treatment, storage, application to land, or disposal of sewage sludge from this facility occur In Indian
_Yes No If yes, describe:
ap. Provide a topographic map or maps (or other appropriate map(s) if a topographic map is unavailable) that show the
following Information. Map(s) should include the area one mile beyond all property boundaries of the facility:
a. Location of all sewage sludge management facilities, including locations where sewage sludge is stored, treated, or disposed.
b. Location of all wells, springs, and other surface water bodies, listed in public records or otherwise known to the applicant within 1/4 miie of
the facility property boundaries.
A.6. Line Drawing. Provide a line drawing and/or a narrative description that identifies all sewage sludge processes that will be employed curing
me> term of the permit, including all processes used for collecting, dewatering, storing, or treating sewage sludge, the destination^ of all liquids
and solids leaving each unit, and all methods used for pathogen reduction and vector attraction reduction.
A.T. Contractor information.
Are any operational or maintenance aspects of this facility related to sewage sludge generation, treatment, use or disposal the responsibility of
3 wwifraMnrv VAC M*» r ,>
s contractor?
Yes
No
If yes. provide the following for each contractor (attach additional pages If necessary):
a. Name
b. Mailing Address
c. Telephone Number
d. Responsibilities of contractor
EPA Form 3510-2S (Rev. 1-99)
Page 8 of 23
-------
Federal Register/Vol. 64. No. 149/Wednesday. August 4, 1999/Rules and Regulations 42509
?AC!UTy NAME AND PERMIT NUMBER: 1 ftm, Affmta M4m
OMB Number 2040-0086
A.S. Pollution Concentrations: Using the table below or a separate attachment, provide sewage sludge monitoring data for the pollutants fo-
wnich limits in sewage sludge have been established in 40 CFR Part 503 for this facill t/s expected use or disposal practices All data must be
based on three or more samples taken at least one month apart and must be no more than-four and one-half years old
MHBRRiffi
ARSENIC i
CADMIUM '
CHROMIUM
COPPER
LEAD
MERCURY
MOLYBDENUM
NICKEL
SELENIUM
ZINC
A.9. Certification. Read and s
officer for purposes of this
Pait 1 LJm
ubmit the following certification stat*
certification. Indicate which parts ol
ted Background Information packet
sment with this application. Refer tc
Form 2S you have completed and
Part 2 Permit Applicat
Section A (G«
Section B (<3*
a Material De
Section C (La
'
i the instructions to determine who is an
are submitting:
on Information packet:
sneral Information)
sneration of Sewage Sludge or Preparation of
rived from Sewage Sludge)
nd Application of Bulk Sewage Sludge)
. Section E (Incineration)
certify under penalty of law that this document and all attachments were prepared under my direction or supervision In accordance with
the system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system or those persons directly responsible for gathering the information, the information is to the
best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing violations
Name and official title
Signature
Telephone number
Date signed.
Upon request of the permitting authority, you must submit any other information necessary to assess sewage sludge use or disposal oractices
at your facility or identify appropriate permitting requirements.
SEND COMPLETED FORMS TO:
EPA Form 3510-2S (Rev. 1-99)
Page 9 of 23
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42510 Federal Register/Vol. 64, No. 149/Wednesday. August 4, 1999/Rules and Regulations
FACIUT" NAME AND PERMIT NUMBER:
Form Approved 1/14/99
OMB Number 2040-0086
3.. GENERATION OF SEWAGE SLUDGE OR PREPARATION OF
A MATERIAL DERIVED FROM SEWAGE SLUDGE
Completethis section Jf your facility generates sewage sludge or derives a material from sewage sitidge
S.1. Amount Generated On Site,
Total dry metric tons per 365-day period generated at your facility:
. dry metric tons
S.2. Amount Received from Off Site. If your facility receives sewage sludge from another facility for treatment, use, or disposal, provide the
following Information for each facility from which sewage sludge is received. If you receive sewage sludge from more than one facility, attach
additional pages as necessary.
a. Facility name
b. Mailing Address
c. Contact person
Tills
Telephone number
d. Facility Address (not P.O. Box)
e. Total dry metric tons per 365-day period received from this facility:
. dry metric tons
f. Describe, on this form or on another sheet of paper, any treatment processes known to occur at the off-site facility, including blending
activities and treatment to reduce pathogens or vector attraction characteristics.
B.3. Treatment Provided At Your Facility.
a. Which class of pathogen reduction is achieved for the sewage sludge at your facility?
. Class A
Class B
. Neither or unknown
b. Describe, on this form or another sheet of paper, any treatment processes used at your facility to reduce pathogens In sewage sludge:
c. Which vector attraction reduction option is met for the sewage sludge at your facility?
Option 1 (Minimum 38 percent reduction in volatile solids)
Option 2 (Anaerobic process, with bench-scale demonstration)
Option 3 (Aerobic process, with bench-scale demonstration)
Option 4 (Specific oxygen uptake rate for aerobically digested sludge)
Option 5 (Aerobic processes plus raised temperature)
Option 6 (Raise pH to 12 and retain at 11.5)
Option 7 (75 percent solids with no unstabilized solids)
Option 8 (90 percent solids with unstabilized solids)
None or unknown
EPA Form 3510-2S (Rev. 1-99)
Page TO of 23
-------
Federal Register/Vol. 64. No. 149/Wednesday, August 4. 1999/Rules and Regulations 42511
FACiLiTY NAME AND PERMIT NUMBER:
Form Approved 1/14/99
OMB Number 2IWO-C086
i B.$. Treatment Provided Ai Your Facility, (con't)
f
*
:ribe on this form or another sheet of paper, any treatment processes used at your facility to reduce vector attraction properties sr
sewage sludge:
8. Describe, or, this form or another sheet of paper, any other sewage sludge treatment or blending activities not identified in (a) - : • ,° — <"::**|>'.'r™7ll..^5I*i™..1 VV^tsf yr'FS«'ytS»»— j'inepOIIUlant' • ; j
:S^^-^-^ ' ?-^—^~-'assApath^°n*^ucy?n;re^MJ^ :.". -.'
•'iiBMUCuon.TOOUlremsntS in£:a03.33mW'iWftYanri ic-fenri 9nntfn»t • .oL't.. «ui. •• -11 .; . ;' ': -.-.• i.i ;_ •' ••' ' .I-:.'.1- • •• •-.:- ' •
i|ypur;fa&|(ty!tloflS;noi:me9t!aH of ;
. and One of Vecto.
a. Total dry metric tons per 365-day period of sewage sludge subject to this section that is applied to the land:
b. is sewage sludge subject to this section placed in bags or other containers for sale or give-away for application to the land?
Yes No
dry metric tons
SS^lSSSg-1""':"01*'^^ |
B.5. Sale or Give-Away in a Bag or Other Container for Application to the. Lan*
a" JXS!^
'
cove,gCt}niSac(lon«,B.4orB;S,^^^
inal pages as necessary.' f •;.;;;;';
B.6. Shipment Off Site for Treatment or Blending.
a. Receiving facility name
b. Mailing address
c. Contact person
Title
Telephone number
d. Total dry metric tons per 365-day period of sewage sludge provided to receiving facility:
EPA Form 3510-2S (Rev. 1-99)
Page 11 of 23
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42512 Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14/99
OMB Number 2040-0085
S.S, Shipment Off Site for Treatment or Blending, (con't)
e. Does the receiving facility provide additional treatment to reduce pathogens in sewage sludge from your facility? Yes rvc
Which class of pathogen reduction is achieved for the sewage sludge at the receiving facility?
Class A Class B Neither or unknown
Describe, on this form or another sheet of paper, any treatment processes used at the receiving facility to reduce pathogens in sewage
sludge:
f. DOTS the receiving facility provide additional treatment to reduce vector attraction characteristics of the sewage sludge?
Yes fce
Which vector attraction reduction option is met for the sewage sludge at the receiving facility?
_; Option 1 (Minimum 38 percent reduction in volatile solids)
Option 2 (Anaerooic process, with bench-scale demonstration)
Option ^ (Aerobic process, with bench-scale demonstration)
Option 4 (Specific oxygen uptake rate for aerobically digested sludge)
Option 5 (Aerobic processes plus raised temperature)
._ Option16 (Raise pH to 12 and retain at 11.5)
Opb'on 7 (75 percent solids with no unstabilized solids)
Option 8 (90 percent solids with unstabilized solids)
None
Describe, on this form or another sheet of paper, any treatment processes used at the receiving facility to reduce vector attraction
properties of sewage sludge. •
g, Does the receiving facility provide any additional treatment or blending activities not identified in (c) or (d) above? Yes No
If yes. describe, on this form or another sheet of paper, the treatment or blending activities not identified in (c) or (d) above:
h. If you answered yes to (e). (f), or (g), attach a copy of any information you provide the receiving facility to comply with the "notice and
necessary information" requirement of 40 CFR 503.12(g).
I. Does the receiving facility place sewage sludge from your facility in a bag or other container for sale or give-away for application to the
land? Yes No
If yes. provide a copy of all labels or notices that accompany the product being sold or given away.
n 'I"^:^K:![^L;^Tr-fr^^if":"fe'~^
B.7. Land Application of Bulk Sewage Sludge.
a. Total dry metric tons per 365-day period of sewage sludge applied to all land application sites:.
. dry metric tons
EPA Form 3510-2S (Rev. 1-99)
Page 12 of 23
-------
federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations 42513
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14/S9
OMB Number 2040-0086
B.7. Land Application of Bulk Sewage Sludge, (con't)
b. Do you identify all land application sites in Section C of this application?
Yes
No
If no, submit a copy of the land application plan with application (see instructions).
c. Are any land application sites located in States other than the State where you generate sewage sludge or derive a material from sewage
sludge? Yes No
If yes, describe, on this form or another sheet of paper, how you notify the permitting authority for the States where the land application
• sites are located. Provide a copy of the notification.
:&nipJ6te;SectlggB]S IfseffajB^Uiage
. dry metric tons
B.8. Surface Disposal.
a. Total dry metric tons of sewage sludge from your facility placed on all surface disposal sites per 365-day period:
b. Do you own or operate all surface disposal sites to which you send sewage sludge for disposal?' •
Yes No
If no, answer B.S.c through B.S.f for each surface disposal site that you do not own or operate. If you send sewage sludge to more than
one such surface disposal site, attach additional pages as necessary.
c. Site name or number
d. Contact person
Title
Telephone number
Contact is
e. Mailing address
_Site owner
_Site operator
f. Total dry metric tons of sewage sludge from your facility placed on this surface disposal site per 365-day period:
. dry metric tons
^e!J^s£cjiibn:^
B.9. Incineration.
a. Total dry metric tons of sewage sludge from your facility fired in all sewage sludge incinerators per 365-day period: _^ dry metric tons
b. Do you own or operate all sewage sludge incinerators in which sewage sludge from your facility is fired? Yes
No
If no, complete B.9.C through B.9.f for each sewage sludge incinerator that you do not own or operate. If you send sewage sludge to more
than one such sewage sludge incinerator, attach additional pages as necessary.
c. Incinerator name or number:
d. Contact person:
Title:
Telephone number:
Contact is:
. Incinerator owner
. Incinerator operator
EPA Form 3510-2S (Rev. 1-99)
Page 13 of 23
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42514 Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14S99
OMB Number 2040-0086
B.9. Incineration, (con't)
e. Mailing address:
f. Total dry metric tons of sewage sludge from your facility fired in this sewage sludge incinerator per 365-day period:
. dry metric tons
Compl*US«cii6ftB.10 if iewag* sludge from Oils facility is placed on a municipal solid w |L:: :;!.*!: - .. :..i;.'.. . - '
B.10. Disposal In a Municipal Solid Waste Landfill. Provide the following information for each municipal solid waste landfill on which sewage
sludge from your facility is placed. If sewage sludge is placed on more than one municipal solid waste landfill, attach additional pages as
necessary.
a. Name of landfill
b. Contact person
Title
Telephone number
Contact is
c. Mailing address
Landfill owner
. Landfill operator
d. Location of municipal solid waste landfill:
Street or Routes
County
City or Town
State
Zip.
e. Total dry metric tons of sewage sludge from your facility placed in this municipal solid waste landfill per 365-day period:
.dry metric tons
f. Usl, on this form or an attachment, the numbers of all other Federal, State, and local permits that regulate the operation of this
municipal solid waste landfill.
Permit Number
Type of Permit
g. Submit, with this applfeab'on, information to determine whether the sewage sludge meets applicable requirements for disposal of
sewage sludge in a municipal solid waste landfill (e.g., results of paint filter liquids test and TCLP test)
h. Does the municipal solid waste landfill comply with applicable criteria set forth In 40 CFR Part 258?
Yes No
EPA Form 3510-2S (Rev. 1-99)
Page 14 of 23
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Federal Register/Vol. 64. No. 149/Wednesday. August 4. 1999/RuIes and Regulations 42515
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14/99
OMB Number 2040-0086
C. LAND APPLICATION OF BULK SEWAGE SLUDGE
-. -;
C.1. Identification of Land Application Site.
a. Site name or number
b. Site location (Complete 1 and 2).
1. Street or Route #
County
City or Town
2. Latitude
State
Zip.
Longitude
Method of latitude/longitude determination
USGS map Reid survey Other
c. Topographic map. Provide a topographic map (or other appropriate map if a topographic map is unavailable) that shows the site location.
C.2. Owner Information.
a. Are you the owner of this land application site?
n. If no, provide the following information about the owner
Name _^
Telephone number
Mailing Address
Yes
No
C.3. Applier Information.
thep
Yes
a. Are you iheperson who applies, or who is responsible for application of, sewage sludge to this land application site?
b. If no, provide the following information for the person who applies:
Name
Telephone number
Mailing Address
C.4. Site Type: Identify the type of land application site from among the following.
Agricultural land Forest Public contact site
Reclamation site other. Describe:
EPA Form 3510-2S (Rev. 1-99)
Page 15 of 23
-------
42516 Federal Register/Vol. 64, No. 149/Wednesday. August 4. 1999/Rules and Regulations
1:. i, ' 4,
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1.'14fe9
OMB Number 20-ttKWSB
C.5. Crop or Other Vegetation Grown on Site.
a. What type of crop or other vegetation is grown on this site?
b. What is the nitrogen requirement for this crop or vegetation?
C.6, Vector Attraction Reduction.
Are any vector attraction reduction requirements met when sewage sludge is applied to the land application site?
Yes No
If yes. answer C.6.a and C.6.b;
a. Indicate which vector attraction reduction option is met:
Option 9 (Injection below land surface)
Option 10 (Incorporation into soil within 6 hours)
b. Describe, on this form or another sheet of paper, any treatment processes used at the land application site to reduce vector attraction
properties of sewage sludge:
Com$».te Question C.7 only if th« s«wao«3lucig» applied to this site since July 20,:1993,;is SibJe'ctioWi'jdiimiaiaUye'pbllutant teading.:
ratty(6PLRs)in4QCFRs6a:i3(b)(Z); •; ' .;.;.;1;, • ~~.-- ;: '' "' •••-•••• .:•••.*-.. . • . .. =•...
C.7. Cumulative Loadings and Remaining Allotments.
a. Have you contacted the permitting authority in the State where the bulk sewage sludge subject to CPLRs will be applied, to ascertain
whether bulk sewage sludge subject to CPLRs has been applied to this site on or since July 20,1993? Yes No
If us. sewage sludge subject to CPLRs may not be applied to this site.
Ifves. provide the following information:
Permitting authority
Contact Person
Telephone number
b. Based upon this Inquiry, has bulk sewage sludge subject to CPLRs been applied to this site since July 201993?
Yes No
tf no, skip C.7.C.
EPA Form 3510-2S (Rev. 1-99)
Page 16 Of 23
-------
federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations 42517
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14/99
OMB Number 2040-0086
c. Provide the following information for every facility other than yours that is sending, or has sent, bulk sewage sludge to CPLRs to this site
since July 20,1993. If more than one such facility sends sewage sludge to this site.'attach additional pages as necessary.
Facility name
Mailing Address
Contact person
Title
Telephone number
EPA Form 3510-2S (Rev. 1-99)
Page 17 of 23
-------
" ' . ,,,
gecferal Register/Vol. 64. No. 149/Wednesday. August 4, 1999/Rules and Regulations
Form Approved 1/14/9$
OMB Number 2040-0085
FACILITY NAME AND PERMIT NUMBER:
D. SURFACE DISPOSAL
pmp?eto^s3«^p^Wyqu%h!^po
^pl«teS^oi»b.1-:D.5fM:wchactf^
D.5 for each active sewag&sludgeunit.
D.1. Information on Active Sewage Sludge Units
a, Unit name or number:
b. Unit location (Complete 1 and 2).
1. Street or Route #
County
City or Town
2, Latitude
State
Zip.
Longitude_
Method of latitude/longitude determination:
. USGS map
. Field survey
Other
c. Topographic map. Provide a topographic map (or other appropriate map if a topographic map is unavailable) that shows the site location.
d. Total dry metric tons of sewage sludge placed on the active sewage sludge unit per 365-day period: dry metric tons
e. Total dry metric tons of sewage sludge placed on the active sewage sludge unit over the life of the unit: dry metric tons
f. Does the active sewage sludge unit have a liner with a maximum hydraulic conductivity of 1 x 10'7 cm/sec? Yes No
If yes, describe the liner (or attach a description):
g. Does the active sewage sludge unit have a leachate collection system? Yes No
If yes. describe the leachate collection system (or attach a description). Also describe the method used for leachate disposal and provide
the numbers of any Federal, State, or local permit(s) for leachate disposal:
h. If you answered no to either D.1.f. or D.1.g., answer the following question:
Is the boundary of the active sewage sludge unit less than 150 meters from the property line of the surface disposal site?
_____ Yes No
If yes. provide the actual distance in meters:
Provide the following information:
Remaining capacity of active sewage sludge unit, in dry metric tons:
Anticipated closure date for active sewage sludge unit, if known:
. dry metric tons
.(MM/DD/YYYY)
Provide, with this application, a copy of any closure plan that has been developed for this active sewage sludge unit.
EPA Form 3510-2S (Rev. 1-99)
Page 18 of23
1 , i ,:,! ,„! illr,,":,! iCi. ..miU!1, , i '] '
-------
Register/Vol. 64. No. 149/Wednesday, August 4. 1999/Rules and Regulations 42519
FACILITY NAME AND PERMIT NUMBER:
form Approved 1/14/99
OMB Number 2040-008S
D.2. Sewage Sludge from Other Facilities. Is sewage sent to this active sewage sludge unit from any facilities other than your facility?
Yes No
If yes, provide the following information for each such facility. If sewage sludge is sent to this active sewage sludge unit from more than one
such facility, attach additional pages as necessary.
a. Facility name
b. Mailing Address
c. Contact person
Title
Telephone number
d. Which class of pathogen reduction is achieved before sewage sludge leaves the other facility?
Class A Class B None or unknown
e. Describe, on this form or another sheet of paper, any treatment processes used at the other facility to reduce pathogens in sewage sludge:
f. Which vector attraction reduction option is met for the sewage sludge at the receiving facility?
Option 1 (Minimum 38 percent reduction in volatile solids)
Option 2 (Anaerobic process, with bench-scale demonstration)
Option 3 (Aerobic process, with bench-scale demonstration)
Option 4 (Specific oxygen uptake rate for aerobically digested sludge)
Option 5 (Aerobic processes plus raised temperature)
Option 6 (Raise pH to 12 and retain at 11.5)
Option 7 (75 percent solids with no unstabilized solids)'
Option 8 (90 percent solids with'unstabilized solids)
None or unknown
g. Describe, on this form or another sheet of paper, any treatment processes used at the receiving facility to reduce vector attraction
properties of sewage sludge
h. Describe, on this form or another sheet of paper, any other sewage sludge treatment activities performed by the other facility that are not
identified in (d) - (g) above:
0.3. Vector Attraction Reduction
a. Which vector attraction option, if any, is met when sewage sludge is placed on this active sewage sludge unit?
Option 9 (Injection below and surface)
Option 10 (Incorporation into soil within 6 hours)
Option 11 (Covering active sewage sludge unit daily)
EPA Form 3510-2S (Rev. 1-99)
Page 19 of 23
-------
42520 Federal Register/Vol. 64. No. 149/Wednesday, August 4, 1999/Rules and Regulations
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14/SS
OMB Number 2040-0086
D.3. Vector Attraction Reduction, (con't)
b. Describe, on this form or another sheet of paper, any treatment processes used at'the active sewage sludge unit to reduce vector
attraction properties of sewage sludge:
D.4. Ground-Water Monitoring.
a. Is ground-water monitoring currently conducted at this active sewage sludge unit, or are ground-water monitoring data otherwise available
for this active sewage sludge unit?
Yes No
If yes, provide a copy of available ground-water monitoring data. Also, provide a written description of the well locations, the approximate
depth to ground-water, and the ground-water monitoring procedures used to obtain these data.
b. Has a ground-water monitoring program been prepared for this active sewage sludge unit?
If yes, submit a copy of the ground-water monitoring program with this permit application.
Yes
No
a Have you obtained a certification from a qualified ground-water scientist that the aquifer below the active sewage sludge unit has not been
contaminated? Yes No
If yes, submit a copy of the certification with this permit application.
D.5. Site-Specific Limits. Are you seeking site-specific pollutant limits for the sewage sludge placed on the active sewage sludge unit?
Yes No
If yes, submit information to support the request for site-specific pollutant limits with this application.
EPA Form 3510-2S (Rev. 1-99)
Page 20 of 23
-------
Federal Register/Vol. 64, No. 149/Wednesday. August 4, 1999/Rules and Regulations 42521
FACILITY NAME AND PERMIT NUMBER:
Farm Approved 1/14/99
OMB Number 2040-0086
?^p!!fi!£^fei*e^iprr.ffj j$U;l^^
>of$pWftthis;S!^onojj'wfofceacft^ :t::i '•''•" '.•-••-••-•
^d^a;lnclffera|pr.attachadiatigrigfjegp|esaf thissections rfecesssny. •.••;;;.'•'::;lv^ '^
E.1. Incinerator Information.
a. Incinerator name or'numben
b. Incinerator location (Complete 1 and 2).
1. Street or Route #
County
City or Town
2. Latitude
State
Zip.
Longitude_
Method of latitude/longitude determination:
. USGS map
. Field survey
Other
E.2. Amount Fired. Dry metric tons per 365-day period of sewage sludge fired in the sewage sludge incinerator:
. dry metric tons
E.3. Beryllium NESHAP.
a. Is the sewage sludge fired in this incinerator "beryllium-containing waste," as defined in 40 CFR Part 61.31?
Yes
No
Submit, with this application, information, test data, and description of measures taken that demonstrate whether the sewage sludge
incinerated is beryllium-containing waste, and will continue to remain as such.
b. If the answer to (a) is yes, submit with this application a complete report of the latest beryllium emission rate testing and documentation
of ongoing incinerator operating parameters indicating that the NESHAP emission rate limit for beryllium has been and will continue to be
met.
E.4. Mercury NESHAP.
a. How is compliance with the mercury NESHAP being demonstrated?
Stack testing (if checked, complete E.4.b)
Sewage sludge sampling (if checked, complete E.4.c)
b. If stack testing is conducted, submit the following information with this application:
A complete report of stack testing and documentation of ongoing incinerator operating parameters indicating that the incinerator has met
and will continue to meet, the mercury NESHAP emission rate limit.
Copies of mercury emission rate tests for the two most recent years in which testing was conducted.
c. If sewage sludge sampling is used to demonstrate compliance, submit a complete report of sewage sludge sampling and documentation
of ongoing incinerator operating parameters indicating that the incinerator has met, and will continue to meet the mercury NESHAP
emission rate limit.
E.5. Dispersion Factor.
a. Dispersion factor, in micrograms/cubic meter per gram/second:
b. Name and type of dispersion model:
c. Submit a copy of the modeling results and supporting documentation with this application.
EPA Form 3510-2S (Rev. 1-99)
Page 21 of 23
-------
42522 Federal Register/Vol. 64. No. 149/Wednesday. August 4. 1999/Rules and Regulations
FACILITY NAME AND PERMIT NUMBER:
Form Approved 1/14SS9
OMB Number 2040-0086
E,6. Control Efficiency.
a. Control efficiency, in hundredths, for the following pollutants:
Arsenic:
Cadmium:
Chromium:
Lead:
Nickel:
b. Submit a copy of the results or performance testing and supporting documentation (including testing dates) with this application.
E.7. Risk Specific Concentration for Chromium.
a. Risk specific concentration (RSC) used for chromium, in micrograms per cubic meter:
b. Which basis was used to determine the RSC?
Table 2 in 40 'CFR 503.43
Equation 6 in 40 CFR 503,43 (site-specific determination)
c. If Table 2 was used. Identify the type of incinerator used as the basis:
Ftuidized bed with wet scrubber
Ftuidized bed with wet scrubber and wet electrostatic precipitator
Other types with wet scrubber
Other types with wet scrubber and wet electrostatic precipitator
d, If Equation 6 was used, provide the following:
Decimal fraction of hexavalent chromium concentration to total chromium concentration in stack exit gas:
Submit results of incinerator stack tests for hexavalent and total chromium concentrations, including date(s) of test, with this application.
E.8. Incinerator Parameters
a. Do you monitor Total Hydrocarbons (THC) in the sewage sludge incinerator's exit gas?
Do you monitor Carbon Monoxide (CO) in the sewage sludge incinerator's exit gas?
Yes
Yes
No
No
b. Incinerator type:
c. Incinerator stack height, in meters:
Indicate whether value submitted is: Actual stack height
E.9, Performance Test Operating Parameters
a. Maximum Performance Test Combustion Temperature:
. Creditable stack height
b. Performance test sewage sludge feed rate, in dry metric tons/day: '
indicate whether value submitted is:
Average use Maximum design
Submit, with this application, supporting documents describing how the feed rate was calculated.
c. Submit, with this application, information documenting the performance test operating parameters for the air pollution control device(s)
used for this sewage sludge incinerator.
EPA Form 3510-2S (Rev. 1-99)
Page 22 of 23
-------
Federal Register/Vol. 64. No. 149/Wednesday, August 4, 1999 /Rules and Regulations 42523
FACILITY NAME AND PERMIT NUMBER:
E.10.
E.11.
Form Approved 1/14/99
OMB Number 2040-0086
Monitoring Equipment. List the equipment in place to monitor the following parameters:
a. Total hydrocarbons or carbon monoxide:
b. Percent oxygen:
c. Moisture content:
d. Combustion temperature:
e. Other:
Air Pollution Control Equipment.
incinerator.
Submit, with this application, a list of all air pollution control equipment used with this sewage sludge
EPA Form 3510-2S (Rev. 1-99)
Page 23 of 23
BILLING CODE 6560-SO-C
-------
42524 Federal Register/Vol. 64. No. 149/Wednesday, August 4, 1999/Rules and Regulations
Instructions for Completing Form 2S—
Application for a Sewage Sludge Permit
Paperwork Reduction Act Notice: The
annual public reporting and
recordkeeping burden for this collection
of information is estimated to average
9.4 hours per response. Burden means
the total time, effort, or financial
respprces expended by persons to
generate, maintain, retain, or disclose or
provide Information to or for a Federal
agency. This includes the time needed
to review instructions; develop, acquire.
Install, and utilize technology and
systems for the purposes of collecting,
validating, and verifying information,
processing and maintaining
information, and disclosing and
providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information. An Agency
may not conduct or sponsor, and a
person is not required to respond to a
collection of information unless it
displays a currently valid OMB control
number.
Send comments regarding the
Agency's need for this information, the
accuracy of the provided burden
estimates, and any suggested methods
for minimizing respondent burden,
including through the use of automated
collection techniques to the Director, OP
Regulatory Information Division, U.S.
Environmental Protection Agency
(2137). 401 M St., S.W., Washington. DC
20460. Include the OMB control number
in any correspondence. Do not send the
completed Form 2S to this address.
Background Information
You can obtain a permit for your
facility by filling out and sending in the
appropriate form(s) to your permitting
authority. If the State in which your
facility is located operates its own
authorized sewage sludge program, then
the State is your permitting authority
and you should ask your State for
permit application forms. On the other
hand, if EPA operates the sewage sludge
program in your State, then EPA is the
permitting authority, and you must fill
out and send in Form 2S.
Be sure to read the Preliminary
Information section of Form 2S before
you start filling out the form. It will help
you determine whether you must fill out
Part 1 or Part 2.
Commonly Asked Questions
What If I Need More Space for My
Answer?
If you need more room for your
answer than is provided on the form,
attach a separate sheet called
"Additional Information." At the top of
the separate sheet, put the name of your
treatment works and your facility's
NPDES permit number (if you have
one). Also, next to youi answer, put the
question number from Form 2S. Provide
this information on any drawings or
other papers that you attach to your
application as well.
Will the Public Be Able To See the
Information I Submit?
Any information you submit on Form
2S will be available to the public. If you
send in more information than is
requested on Form 2S that is considered
company-privileged information, you
may ask EPA to keep that extra
information confidential. If you want
any of the extra information to be kept
confidential, tell EPA this when you
submit your application. Otherwise,
EPA may make the information public
without letting you know in advance.
For more information on claims of
confidentiality, see EPA's business
confidentiality regulations at Title 40,
Part 2 of the Code of Federal
Regulations (CFR).
How Do I Complete the Forms?
Answer every question on Form 2S
that applies to your facility. If your
answer to a question requires more
room than there is on the form, attach
additional sheets (see above). If a
particular question does not apply,
write "N/A" (meaning "not applicable")
as your answer to that question. If you
need advice on how to fill out these
forms, write or contact your EPA
Regional Office or your State office.
Who Must Submit Application
Information?
This application form collects
information from all treatment works
treating domestic sewage (TWTDS)
whose sewage sludge use or disposal
method is regulated by 40 CFR Part 503.
This includes the following:
Guidelines for Completing Part 2
• Any person who generates sewage
sludge that is ultimately regulated by
Part 503 (i.e., it is applied to the land,
placed on a surface disposal site, fired
in a sewage sludge incinerator, or
placed in a municipal solid waste
landfill unit);
• Any person who derives material
from, or otherwise changes the quality
of, sewage sludge (e.g., an intermediate
treatment facility such as a composting
facility, or a facility that processes
sewage sludge for sale or give away in
a bag or other container for application
to the land), if that sewage sludge is
used or disposed in a manner subject to
Part 503;
• Any person who owns or operates
a sewage sludge surface disposal site;
and
• Any person who fires sewage
sludge in a sewage sludge incinerator.
In addition, the permitting authority
can require other persons to submit
permit application information.
Which Parts of the Form Apply?
Form 2S is presented in a modular
format, enabling information collection
to be tailored to your facility's sewage
sludge generation, treatment, use, or
disposal practices. The form tells you
which parts must be filled out for each
type of applicant.
Part 1 requests a limited amount of
information from "sludge-only"
facilities (facilities without a currently
effective NPDES permit) that are not
directed by the permitting authority to
submit a full permit application at this
time. This limited screening information
must be submitted as expeditiously as
possible, but no later than 180 days after
publication of an applicable use or
disposal standard or 180 days before
commencing operation for a new
"sludge-only facility". It is intended to
allow the permitting authority to
identify these facilities, track sewage
sludge use and disposal, and establish
priorities for permitting.
Part 2 of Form 2S is for facilities that
are submitting a full permit application
at this time. Review items 1-5 of the
Part 2 Application Overview on plage 6
of Form 2S to determine which sections
of Part 2 cover your facility's sewage
sludge use or disposal practices. The
table below summarizes which sections
cover which activities.
Activity(les) performed
Generates sewage sludge or derives material from sewage sludge —
A
•
B
• (B.1-B.3)
C
D
E
-------
federal Register/Vol. 64, No. 149/Wednesday. August 4, 1999/Rules and Regulations 42525
Guidelines for Completing Part 2—Continued
Activity(ies) performed
that meets ceiling concentrations in Table 1 of 40 CFR 503.13
pollutant concentrations in Table 3 of $03.1 3, Class A patho-
gen requirements in §503.32, and one of the eight vector at-
traction reduction options in §503.33(b)(1)-(8)
that is sold or given away in bag or other container for applicatio
to the land
that is shipped off site for treatment or blending
that is applied to the land in bulk form
that is placed on a surface disposal site
that is fired in a sewage sludge incinerator
that is sent to a municipal solid waste landfill
Applies bulk sewage sludge to land
Owns or operates a surface disposal site
Fires sewage sludge in a sewage sludge incinerator.
A
•
i
t/
•
i/
i/
•
t/
i/
^
•
B
• • (B 4\
• /a e\
(O.O)
• IB 61
t/ 1 R 7\
V \O.I)
t/ in K\
v \D-v)
t/ (B ff\
• IR irrt
C
D
E
•
Additional Information and
Instructions
The following section provides
clarification and additional information
for many of the questions on Form 2S.
All applicants must also be in
compliance with the Standards for the
Use or Disposal of Sewage Sludge,
published at 40 CFR Part 503 (58 FR
9248). Most of the terms used in Form
2S are defined in §§ 503.9, 503.11,
503.21, and 503.41. Additional terms
are defined in the NPDES regulations at
40 CFR 122.2.
General Information for All Parts of
Form 2S
• At the top of each page of Form 2S,
put your facilities NPDES permit
number (if you have one) in the
appropriate space.
• Always report official names rather
than colloquial names.
• When a facility address or site
location is requested (as opposed to a
mailing address) provide the physical
location of the facility. If the facility or
site lacks a street address or route
number, provide the most accurate
alternative geographic information (e.g.,
township and range, section or quarter
section number, or nearby highway
intersection).
• Options for meeting Class A
pathogen reduction are listed at 40 CFR
Part 503.32(a). Options for meeting
Class B pathogen reduction are listed at
§503.32(b).
• Vector Attraction Reduction
Options 1-8 are typically met at the
point where sewage sludge is generated
or where a material is derived from
sewage sludge, and Options 9-11 are
typically met at the point of use or
disposal.
• If a map is used to obtain latitude
and longitude, provide map datum (e.g.,
NAD 27, NAD 83) and map scale (e.g.,
1:24000, 1:100000).
• When asked for population enter
the best estimate of the actual
population served at the time of
application for all areas served by the
treatment works (municipalities and
unincorporated service areas). If another
treatment works discharges into this
treatment works, provide on a separate
attachment the name of the other
treatment works and the actual
population it serves (it is not necessary
to list the communities served by the
other treatment works).
• When asked to submit a
topographic map, make sure each map
includes the map scale, a meridian
arrow showing north, and latitude and
longitude at the nearest whole second.
Use a 7V2-minute series map published
by the U.S. Geological Survey (USGS),
which may be obtained through the
USGS Earth Science Information Center
(ESIC) listed below. If a 71/2-minute
series map has not been published for
your facility site, then you may use a 15-
minute series map from the U.S.
Geological Survey. If neither a 7Vz-
minute nor 15-minute series map has
been published for your facility site, use
a plat map or other appropriate map,
including all the requested information.
If you have previously prepared a map
that includes, the required items, that
map may be submitted to fulfill this
requirement if it is still accurate.
• Maps may be purchased at local
dealers (listed in your local yellow
pages) or purchased over the counter at
the following USGS Earth Science
Information Centers (ESIC):
Anchorage—ESIC, 4230 University Dr.. Rm.
101, Anchorage. AK 99508-4664. (907)
786-7011.
Lakewood—ESIC, Box 25046, Bldg. 25, Rm.
1813, Denver Federal Center, MS 504,
Denver, CO 80225-0046, (303) 236-5829.
Lakewood Open Files—ESIC, Box 25286,
Bldg. 810, Denver Federal Center, Denver,
CO.
Menlo Park—ESIC, Bldg. 3. Rm. 3128, MS
532. 345 Middlefleld Rd., Menlo Park, CA
94025-3591, (415) 329-4309.
Reston—ESIC, 507 National Center. Reston,
VA 22092, (703) 648-6045.
Rolla—ESIC. 1400 Independence Rd., MS
231, Rolla, MO 65401-2602, (314) 341-
0851.
Salt Lake City—ESIC, 2222 West 2300 South,
Salt Lake City, UT 84119, (801) 975-3742.
Sioux Falls—ESIC, EROS Data Center, Sioux
Falls, SD 57198-0001, (605) 594-6151.
Spokane—ESIC, U.S. Post Office Bldg., Rm.
135, 904 W. Riverside Ave., Spokane, WA
99201-1088, (509) 3532524.
Stennis Space Center—ESIC, Bldg. 3101,
Stennis Space Center, MS 39529, (601)
688-3541.
Washington, D.C.—ESIC, U.S. Dept. of
Interior, 1849 C St., NW, Rm. 2650,
Washington, D.C. 20240, (202) 208-4047.
When submitting a map as few sheets
as necessary should be used to clearly
show what is involved. Each sheet
should be labeled with your facility's
name, permit number, location (city,
county, or town), date of drawing, and
designation of the number of sheets of
each diagram as "page of ."
• The certification requirements are
as follows:
An application submitted by a
municipality. State, Federal, or other
public agency must be signed by either
a principal executive officer or ranking
elected official. A principal executive
officer of a Federal agency includes: (1)
The chief executive officer of the
agency, or (2) a senior executive officer
having responsibility for the overall
operations of a principal geographic
unit of the agency (e.g.. Regional
Administrators of EPA).
An application submitted by a
corporation must be signed by a
responsible corporate officer. A
responsible corporate officer means: (1)
A president, secretary, treasurer, or vice
president in charge of a principal
business function, or any other person
who performs similar policy- or
decision-making functions; or (2) the
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42526 Federal Register/Vol. 64, No. 149/Wednesday, August 4, 1999/Rules and Regulations
manager of manufacturing, production,
or operating facilities employing more
than 250 persons or having gross annual
sales or expenditures exceeding $25
million (in second quarter 1980 dollars),
if authority to sign documents has been
assigned or delegated to the manager in
accordance with corporate procedures.
An application submitted by a
partnership or sole proprietorship must
be signed by a general partner or the
proprietor, respectively.
Information on Specific Sections of
Form 2S
B.7. Land Application of Bulk Sewage .
Sludge
If you complete this section (which
requests summary information for all
bulk sewage sludge that is applied to the
land), also complete Section C for each
land application site. Current
regulations require you to submit a land
application planat the time of permit
application if you intend to apply
sewage sludge that does not meet the EQ
requirements to land application sites
that have not been identified at the time
of permit application. The minimum
requirements for this plan are listed in
Section B (Generation of Sewage Sludge §122.2 l(q) (9) (v). The permit writer will
or Preparation of a Material Derived
From Sewage Sludge)
Complete this section if you are a
"person who prepares sewage sludge."
This section pertains to any POTW or
other TWTDS that generates sewage
sludge, as well as to any facility that
derives a material from sewage sludge
(e.g., it composts sewage sludge or
blends sewage sludge with another
material). Simply distributing sewage
sludge or placing it in a bag or other
container for sale or give-away for
application to the land is not considered
"deriving a material" from sewage
sludge (because it does not change
sludge quality), and thus a facility that
only distributes or bags a sewage sludge
is not required to provide the
information in this section.
B.4. Preparation of Sewage Sludge
Meeting Ceiling and Pollutant
Concentrations, Class A Pathogen
Requirements, and One of Vector
Attraction Options 1-8
Sewage sludge meeting all of these
criteria is often referred to as
"exceptional quality (EQ)". It is exempt
from the general requirements of
§ 503.12 and the management practices
of §503.14, and thus fewer permitting
and permit application requirements
typically pertain to facilities generating
such sludge. For this reason, if you are
eligible to complete Section B.4, you
may skip Sections JB.5-B.0nless
specifically required to complete any of
them by the permitting authority.
B.5. Sale or Give-Away in a Bag or Other
Container for Application to the Land
When sewage sludge is placed in a
bag or other container for sale or give-
away for application to the land, either
a label must be affixed to the bag or
other container, or an information sheet
must be provided to the person
receiving the sewage sludge. The
information that must be on the label or
information sheet is listed at 40 CFR
Part 503.14(e).
work with you to develop additional
details of the land application plan on
a case-by-case basis. Such details could
include site selection criteria (site slope,
run-on and run-off control, etc.) and site
management guidelines (sludge
application rates, access controls, etc.).
A land application plan provides for
public notice when the land application
plan is developed as part of the permit,
and it discusses how the public will be
notified about new sites. If any land
application sites are located in States
other than the State where you generate
the bulk sewage sludge or derive the
material from sewage sludge, the notice
to the permitting authority in the States
where the land application sites are
located must contain the requirements
listed at § 503.12(i).
B.8. Surface Disposal
If you own or operate a surface
disposal site, also complete Section D.
B.9. Incineration
If you own or operate a sewage sludge
incinerator, also complete Section E.
B.10. Disposal on a Municipal Solid
Waste Landfill
Sewage sludge placed on a MSWLF
must meet requirements in Part 258
concerning the quality of materials
placed on a MSWLF unit. Part 258
specifies minimum Federal criteria for
MSWLFs, including landfills that accept
sewage sludge along with household
waste. In contrast to Part 503, Part 258
controls sewage sludge placed on
MSWLFs through a facility design and
management practice approach. In Part
503, EPA has adopted the Part 258
criteria as the appropriate standard for
sewage sludge disposed of with
municipal waste. EPA concluded that if
sewage sludge is disposed of in a
MSWLF complying with Part 258
criteria, public health and the
environment are protected. Note that the
POTW is legally responsible for
knowing whether a MSWLF is in
compliance with Part 258 and may be
liable if it sends its sludge to an MSWLF
that is not in compliance with Part 258.
Section C (Land Application of Bulk
Sewage Sludge)
Complete this section if you
completed Section B.7 (Land
Application of Bulk Sewage Sludge).
Unless the permitting authority
specifically requires you to complete
this section, you may skip this section
for sewage sludge that is covered in any
of the following sections of this
application:
» Section B.4. Such sewage sludges
are exempt from the general
requirements and management practices
of Part 503 when they are land applied
(unless the permitting authority requires
otherwise), and thus the site
information in Section C is not required
for permitting.
e Section B.SSection C does not
cover the sale or give-away of sewage
sludge in a bag or other container for
application to the land because EPA
typically will not control the users of
such sewage sludge (typically, home
gardeners or other small-scale users), or
the land on which the sludge is applied,
through the generator's permit.
« Section B.6Section C does not
apply to a generator that sends sewage
sludge to another facility for treatment
or for blending, because the Part 503
requirements addressed by Section C
will largely be the responsibility of the
receiving facility.
Provide the information in this
section for each land application site
that has been identified at the time of
permit application. In cases where the
sewage sludge is applied to numerous
sites with similar characteristics, you
may combine the information for several
sites under a single response (the name
and address of each site must still be
provided, however).
C.5. Crop or Other Vegetation Grown on
Site
a. If the crop or vegetation to be grown
on the site is not yet known, or is likely
to change in an unforeseeable manner
during the life of the permit, you may
so indicate instead of providing the type
of crop or other vegetation.
b. Information on the nitrogen content
of vegetation grown on the site may be
obtained from local agricultural
extension services, a local Farm
Advisor's Office, or published sources.
C.6. Vector Attraction Reduction
Options 1-8 were covered in Section
B.3, which requests information on
sewage sludge treatment at the facility
generating the sewage sludge. If you met
any of options 1-8 (e.g., processes to
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Federal Register /Vol. 64, No. 149 / Wednesday, August 4, 1999/Rules and Regulations 42527
reduce volatile solids, reduce specific
oxygen uptake rate, raise pH, raise
percent solids), you should have
identified that option in Question B.S.c
and described how the option is met in
Question B.S.d.
By contrast, vector attraction
reduction options 9 and 10 are typically
met at the land application site. Options
9 and 10 are not available for sewage
sludge applied to a lawn or home
garden.
C.7. Cumulative Loadings and
Remaining Allotments
Complete Section C.7. only for sewage
sludge that is applied to the site subject
to cumulative pollutant loading rates
(CPLRs). Sewage sludge applied to the
site on or before July 20, 1993, is not
subject to this section. You may not
apply bulk sewage sludge subject to
CPLRs to the site until you have
contacted the permitting authority in
that State.
Section D (Surface Disposal)
Complete this section if you own or
operate a surface disposal site and are
required to submit a full permit
application (i.e.. Part 2 of Form 2S) at
this time. A sewage sludge surface
disposal site is, by definition, a
treatment works treating domestic
sewage, and the owner/operator of the
site is required to apply for a permit.
You are required to submit Part 2 of this
form (including Section D) if:
• The surface disposal site is already
covered by an NPDES permit (e.g., a
POTW's NPDES permit); or
• You have been required by the
permitting authority to submit a full
permit application at this time.
If none of these criteria apply, you
should submit Part 1 instead of Part 2
(and may therefore skip Section D). Part
1 requests a limited amount of
information from so-called "sludge-
only" facilities (facilities without a
currently-effective NPDES permit) that
are not requesting site-specific permit
limits and are not otherwise required to
submit a full permit application at this
time. Part 1 is intended to allow the
permitting authority to identify these
facilities, track sewage sludge use and
disposal, and establish priorities for
permitting.
D.I. Information on Active Sewage
Sludge Units ' •
Most requirements for surface
disposal of sewage sludge under Part
503 pertain to individual active sewage
sludge units at a surface disposal site.
Permit conditions for your facility may
be developed on a unit-by-unit basis, or
may be developed for the entire surface
disposal site if all units are sufficiently
similar.
D.4. Ground-Water Monitoring
Placement of sewage sludge on an
active sewage sludge unit must not
contaminate an aquifer. Compliance
must be demonstrated through either:
(1) The results of a ground-water
monitoring program developed by a
qualified ground-water scientist, or (2)
certification by a qualified ground-water
scientist that contamination has not
occurred. This section solicits existing
ground-water monitoring data and other
documentation to indicate the potential
for contamination of an aquifer at the
active sewage sludge unit, and the
capability of the owner/operator of the
surface disposal site to demonstrate that
contamination has not occurred.
D.5. Site-Specific Limits
After August 18, 1993, you are
allowed to seek site-specific pollutant
limits only for good cause, and must do
so within 180 days of becoming aware
that good cause exists. If you request
site-specific pollutant limits with this
permit application, you are required to
submit information supporting the
request, including a demonstration that
existing values for site parameters
specified by the permitting authority
differ from the values for those
parameters used to develop the
pollutant limits in Table 1 of § 503.23.
You must also submit follow-up
information at the request of the
permitting authority. If the permitting
authority determines that site-specific
pollutant limits are appropriate, he or
she may specify site-specific limits in
the permit as long as the existing
concentrations of the pollutants in the
sewage sludge are not exceeded.
Section E (Incineration)
Complete this section if you own or
operate a sewage sludge incinerator. A
sewage sludge incinerator is, by
definition, a treatment works treating
domestic sewage, and the owner/
operator of a sewage sludge incinerator
is required to submit a full permit
application (i.e., Part 2 of Form 2S).
E.3. Beryllium NESHAP
The firing of sewage sludge in a
sewage sludge incinerator must not
violate the National Emission Standard
(NESHAP) for beryllium as established
in Subpart C of 40 CFR Part 61. The
beryllium NESHAP only applies.
however, to sewage sludge incinerators
firing "beryllium-containing waste."
The beryllium NESHAP is 10 grams of
beryllium in the exit gas over a 24-hour
period, unless the incinerator owner/
operator has been approved to meet a
30-day average ambient concentration
limit on beryllium in the vicinity of the
sewage sludge incinerator of 0.01 \ig/
m3. Complete this section to
demonstrate compliance with the
beryllium NESHAP.
E.4. Mercury NESHAP
The firing of sewage sludge in a
sewage sludge incinerator must not
violate the NESHAP for mercury as
established in Subpart E of 40 CFR Part
61. Complete this section to
demonstrate compliance with the
mercury NESHAP. Information on stack
testing and sewage sludge sampling can
be found at 40 CFR Parts 61.53 and
61.54.
[FR Doc. 99-18866 Filed 8-3-99; 8:45 am]
BILLING CODE 6560-50-P
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