833Z95006
Wednesday
December 6, 1995
Part
Environmental
Protection Agency
40 CFR Part 122, et al.
National Pollutant Discharge Elimination
System Permit Application Requirements
for Publicly Owned Treatment Works and
Other Treatment Works Treating Domestic
Sewage; Proposed Rule
-------
-------
62546 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 122,123,403, and 501
[FRL-5328-9]
National Pollutant Discharge
Elimination System Permit Application
Requirements for Publicly Owned
Treatment Works and Other Treatment
Works Treating Domestic Sewage
AGENCY: Environmental Protection
Agency.
ACTION: Proposed rule.
SUMMARY: The Environmental Protection
Agency (EPA) today proposes to amend
permit application requirements and
application forms for publicly owned
treatment works (POTWs) and other
treatment works treating domestic
sewage (TWTDS). TWTDS include
facilities that generate sewage sludge,
provide commercial treatment of sewage
sludge, manufacture a product derived
from sewage sludge, or provide disposal
of sewage sludge. Today's notice solicits
public comments on the proposed
regulations, proposed forms and
instructions.
The proposed regulations and Form
2A would replace existing Standard
Form A and Short Form A to account for
changes in the NPDES program since
the forms were issued in 1973. This
proposal would consolidate POTW
application requirements, including
information regarding toxics
monitoring, whole effluent toxicity
(WET) testing, pretreatment facility and
hazardous waste contributions, and
combined sewer overflows (CSOs). The
most significant proposed revisions
would require toxic and WET
monitoring by major and pretreatment
POTWs and monitoring of 17
parameters by minor POTWs. EPA
believes this information is needed in
order for permitting authorities to issue
permits that will adequately protect the
Nation's water resources.
The proposed regulations and Form
2S would replace the existing Interim
Sewage Sludge form. The most
significant proposed revision would
require POTWs and other TWTDS to
analyze sludge and provide data for ten
metals, nitrogen, and phosphorus. Class
I sludge management facilities
(pretreatment POTWs) would also have
to analyze for most of the priority
pollutants. The Interim Form only
requires the use of existing data. EPA
believes the additional information is
needed in order for permitting
authorities to issue permits that meet
the requirements of the sewage sludge
use or disposal regulations.
The costs associated with the new
requirements are not significant since
many permitting authorities require
essentially the same information already
through a variety of reporting
mechanisms. The proposed rule allows
waivers where information is already
available to the permitting authority.
The new forms would make it easier for
permit applicants to provide the
necessary information with their
applications and would minimize the
need for additional follow-up
information requests from permitting
authorities. The proposal is estimated to
reduce the current annual reporting and
record keeping burden by about 9,000
hours, or ten percent. EPA is interested
in identifying additional ways to further
reduce the burden associated with the
applications and is seeking comment on
the use of electronic data transmission
and other streamlining opportunities.
DATES: In order to be considered,
comments must be received on or before
March 5, 1996.
ADDRESSES: Comments should be
addressed to Municipal and Sludge
Application Rule Comment Clerk, Water
Docket MC-4101; United States
Environmental Protection Agency, 401
M Street SW., Washington, DC, 20460.
Commenters are also requested to
submit an original and 3 copies of their
written comments as well as an original
and 3 copies of any attachments,
enclosures, or other documents
referenced in the comments.
Commenters who want receipt of their
comments acknowledged should
include a self-addressed, stamped
envelope. All comments must be
postmarked or delivered by hand by
March 5,1996. No facsimiles (faxes)
will be accepted.
EPA will also accept comments
electronically. Comments should be
addressed to the following Internet
address: ow-docket@epamail.epa.gov.
Electronic comments must be submitted
as an ASCII file avoiding the use of
special characters and any form of
encryption. Electronic comments will be
transferred into a paper version for the
official record. EPA will attempt to
clarify electronic comments if there is
an apparent error in transmission.
Comments provided electronically will
be considered timely if they are
submitted electronically by 11:59 p.m.
(Eastern time) March 5,1996. EPA is
experimenting with electronic
commenting, therefore commenters may
want to submit both electronic
comments and duplicate paper
comments. This document has also been
placed on the Internet for public review
and downloading at the following
location: gopher.epa.gov.
FOR FURTHER INFORMATION CONTACT: For
information on Form 2A and municipal
wastewater permitting issues in this
notice, contact George Utting, (202)
260-9530, Permits Division (4203),
United States Environmental Protection
Agency, 401 M Street S.W., Washington,
D.C., 20460.
For information on Form 2S and
sewage sludge permitting issues in this
notice, contact Wendy Bell, (202) 260-
9534, Permits Division (4203), United
States Environmental Protection
Agency, 401 M Street S.W., Washington,
D.C., 20460.
SUPPLEMENTARY INFORMATION:
I. Background
A. Purpose of Today's Proposal
B. History of the NPDES Permit Program
1. National Pollutant Discharge
Elimination System
a. Federal Water Pollution Control Act
Amendments of 1972
b. Changes Leading to the Clean Water Act
of 1977
c. Permit Consolidation and
Deconsolidation
d. The Water Quality Act of 1987 and
Water Quality-Based Permitting
2. Background of the Pretreatment Program
3. Program to Control Combined Sewer
Overflows
C. Sewage Sludge Program Background
1. Statutory Requirements for Sewage
Sludge
2. Sewage Sludge Permit Program
Regulations
3. Part 503 Technical Standards
4. Implementation of Part 503 Technical
Standards
5. Interim Sewage Sludge Application
Form
D. NPDES Watershed Strategy
E. Permit Writer's Information Needs
Related to Endangered Species and
Historic Properties
F. Permit as a Shield
G. Pollutant Data from POTWs
H. Public Consultation in the Development
of Today's Proposal
II. Approach Taken in Today's Notice
A. Scope of Today's Rulemaking
B. The Agency Proposes to Revise the
Definition of POTW and Existing Permit
Application Requirements for POTWs
C. EPA Proposes Form 2A for POTWs to
Replace Standard Form A and Short
Form A
D. Applicability of Form 2A to Privately
Owned and Federally Owned Treatment
Works
E. EPA Proposes Revised Application
Requirements and Form 2S for Sewage
Sludge Permits
F. Reasons for Separate Form 2A and Form
2S
G. EPA Solicits Comment on the Use of
Electronic Application Forms
III. Description of Proposed Requirements
A. EPA Proposes to Revise Requirements in
§ 122.2l(c), (d), and (f) Concerning the
Use of Forms 1, 2 A, and 2S
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62547
1. Requirement to Submit Form 2A
2. Requirement to Submit Form 2S
B. Application Requirements for POTWs
(40CFR122.21(j))
1. Basic Application Information
2. Information on Effluent Discharges
3. Effluent Monitoring for Specific
Parameters
a. Pollutant Data Requirements for all
POTWs
b. Reporting of Additional Pollutants for
Some POTWs
4. Effluent Monitoring for Whole Effluent
Toxicity
5. Industrial Discharges, Pretreatment, and
RCRA/CERCLA Waste
6. Discharges from Hazardous Waste
Sources
7. Combined Sewer Overflows
8. Contractors
9. Certification
C. Application Requirements for TWTDS
(40CFRl22.21(q))
1. Facility Information
2. Applicant Information
3. Permit Information
4. Federal Indian Reservations
5. Topographic Map
6. Sewage Sludge Handling
7. Sewage Sludge Quality
a. Class I Sludge Management Facilities
b. All TWTDS
8. Requirements for a Person Who Prepares
Sewage Sludge
9. Land Application of Bulk Sewage Sludge
10. Surface Disposal
11. Incineration
12. Disposal in a Municipal Solid Waste
Landfill
13. Contractors
14. Other Information
15. Signature
IV. Paperwork Reduction Act
V. Executive Order 12866
VI. Executive Order 12875
VII. Unfunded Mandates Reform Act of 1995
and Consultation with State, Local, and
Tribal Governments
VIII. Regulatory Flexibility Act
I. Background
A. Purpose of Today's Proposal
Today's notice proposes to amend
NPDES permit application regulations
for publicly owned treatment works
(POTWs) and other treatment works
treating domestic sewage (TWTDS).
Proposed Form 2A would apply to
POTWs and replace Standard Form A
and Short Form A, which were
developed in 1973. Proposed Form 2S
would be used to report sewage sludge
information consistent with applicable
permit program regulations and
technical standards for sewage sludge
use or disposal. Proposed Form 2S
would be used by POTWs and other
TWTDS.
EPA proposes these application
regulations and forms for several
reasons. First, this rulemaking addresses
changes to the NPDES program since
1973. The NPDES program applicable to
POTWs has changed significantly since
that time, specifically in the areas of
toxics control, water quality-based
permitting and pretreatment programs.
Second, the proposal would consolidate
application requirements from existing
regulations into a "modular" permit
application form, thereby streamlining
and clarifying the process for permit
applicants. Third, these revisions will
provide permit writers with the
information necessary to develop
appropriate NPDES permits consistent
with requirements of the Clean Water
Act and thus also help to ensure for
permittees the effectiveness of the
permit as a shield for purposes of
compliance with the CWA. Fourth, the
Agency seeks to reduce redundant
reporting by allowing waivers where
information is already available to the
permitting authority and, further, to
provide a platform for electronic data
transmission.
The proposed revisions would result
in a net reduction in overall reporting
burden hours nationwide. The burden
reduction for the combined municipal
and sludge proposed application
requirements is calculated to be nearly
9,000 hours annually, from a total
existing annual burden of 80,000 hours.
This is due in part to the reduced
number of WET tests calculated to be
performed by POTWs. It is also due to
the reduced number of major
respondents that would be required to
comply with the proposed regulations
as compared to the number of major
respondents estimated to complete the
existing municipal application forms
(i.e., different criteria apply). Finally,
the respondent burden for CWA sec. 308
application requests also would be
expected to decrease, because much of
the information currently obtained
through routine and medium sec. 308
requests is reflected in the proposed
rule.
This burden reduction accounts for
nearly 9,000 of the 287,000 hours
projected to be saved, for an overall
reduction of twenty-five percent for the
NPDES program. The total savings will
be achieved through revisions to this
form, revisions to stormwater
application forms, revisions to the
industrial application form 2C, and
reductions in discharge monitoring
reports (DMRs). It is anticipated,
however, that most of the NPDES
burden reduction will involve reduced
burden for DMRs, which currently
account for greater than eighteen
million annual burden hours.
At the same time, this proposed rule
would result in increased net costs to
municipal and sludge applicants of
more than four million dollars per year
on a nationwide basis. It is calculated
that this proposal would apply to more
than 7,000 permit applications per year,
with a total universe per year of more
than three thousand applicants each for
municipal and sludge permitting. Costs
vary considerably from application to
application. Thus, the average five-year
cost per application would range from
an average of about $450 (less than $100
per year) for small municipalities to an
average of about $4,000 (less than
$1,000 per year) for larger
municipalities. Most of the costs
associated with this proposal would be
due to proposed pollutant data
requirements for municipal permittees.
The Agency believes that the
proposed increased costs are
appropriate because certain data may be
necessary to the permit writer in order
to allow the issuance of permits that
provide a "shield" to permittees (see
discussion, "Permit as a Shield," at I.F.),
and to ensure compliance with Clean
Water Act requirements, especially
water quality standards.
B. History of the NPDES Permit Program
1. National Pollutant Discharge
Elimination System
a. Federal Water Pollution Control Act
Amendments of 1972
The Clean Water Act (CWA) was
enacted in 1972 (Federal Water
Pollution Control Act Amendments of
1972) to restore and maintain the
chemical, physical, and biological
integrity of the Nation's waters. CWA
sec. 101(a), 33 U.S.C. 1251(a). The
immediate predecessor to the CWA was
the Water Quality Act of 1965 (Pub. L.
89-234). The 1965 Act directed each
State to develop water quality standards
for all interstate navigable waters. States
had difficulty developing these
standards, however, and by 1971 barely
half the States had developed complete
programs. States that did develop
standards had difficulty implementing
them because the 1965 Act lacked a
workable mechanism for translating
State water quality standards into limits
enforceable against individual
dischargers.
In response to this dilemma, Congress
passed the CWA. Section 402 directed
EPA to assume a substantial role in
directing and defining the nation's
water pollution control programs. The
Act established the National Pollutant
Discharge Elimination System (NPDES)
permit program to be administered by
EPA and the States with EPA approval.
The NPDES program prohibits the
discharge of any pollutant into waters of
the United States except when
-------
62548 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
authorized by a permit (sec. 301(a) and
402).
Section 301 significantly changed the
methods used to set and enforce
standards to abate and control water
pollution. First, it introduced the
concept of minimum technology-based
discharge requirements. Initially, sec.
301(b)(l)(B) required POTWs to achieve
effluent limitations based on secondary
treatment. The "degree of effluent
reduction achievable through
application of secondary treatment" was
to be defined by the Administrator,
pursuant to sec. 304(d)(l). Later, POTWs
were to achieve a more stringent level
of technology-based discharge limits
based on best practicable waste
treatment technology (BPWTT) under
sec. 301(b)(2)(B). That section was
repealed in 1981. Finally, POTWs were
required to comply with any more
stringent limitations necessary to
implement any applicable State water
quality standards. Water quality-based
discharge limitations were imposed by
sec. 301(b)(l)(C).
To achieve the effluent reductions
called for in sec. 301, sec. 402 provides
for the NPDES permit program to
implement and enforce these controls.
NPDES permits may be issued on the
condition that authorized discharges
meet the applicable requirements of the
CWA, including: technology-based
limitations; water quality-based
limitations; new source performance
standards; toxic and pretreatment
effluent standards; inspection and
monitoring provisions; and ocean
discharge criteria. EPA was authorized
to issue regulations to implement these
provisions throughout the CWA. NPDES
permit requirements are based either on
regulations promulgated under these
sections or, in the absence of
regulations, on the permit writer's best
professional judgment (BPJ), when
necessary to carry out the provisions of
the CWA. CWA sec. 402(a)(l), 33 U.S.C.
1342(a)(l). The CWA also authorized
States to assume responsibility for
issuing NPDES permits, provided that
State programs meet the requirements of
sec. 402(b) and regulations published
under sec. 304(i)(2) (previously, sec.
304(h)(2)). EPA promulgated the
original regulations outlining the
NPDES program on December 22,1972
(37 FR 28390) and May 22,1973 (38 FR
13528).
The CWA required the Administrator
to promulgate guidelines for
"establishing uniform application forms
and other minimum requirements for
the acquisition of information" from
point sources, within 60 days after its
enactment. CWA sec. 304(i)(l)
(previously, sec. 304(h)(D). EPA
promulgated short forms to enable
dischargers to meet deadlines imposed
by the CWA, on February 27,1973 (38
FR 5279). These included Short Form A,
which was to be completed by all
POTWs. EPA promulgated standard
forms to gather additional information
from certain dischargers, on July 24,
1973 (38 FR 19894). This rule included
Standard Form A, for POTWs meeting
certain criteria relating to size,
population, and industrial
contributions. At the time, there were
no effluent standards for POTWs.
Secondary treatment regulations, setting
limits for biochemical oxygen demand,
suspended solids, fecal coliform, and
pH, were not promulgated until August
17, 1973 (38 FR 22298).
b. Changes leading to the Clean Water
Act of 1977
The first major change in the NPDES
program's focus was the shift from
conventional to toxic pollutants.
Though sec. 307(a) required EPA to
identify and establish effluent standards
for toxic pollutants, the thrust of the
"first round" of NPDES permits was to
control conventional pollutants, rather
than to identify and establish standards
for toxic pollutants. As the NPDES
program was implemented, several
interested parties criticized the
Agency's lack of progress in establishing
sec. 307(a) standards. Among the terms
in settlement of litigation in 1976, EPA
was to establish technology-based
standards as necessary to address 65
compounds or classes of compounds for
certain industries. See NRDC v. EPA, 8
E.R.C. 2120 (D.D.C. 1976). This list of 65
compounds is now contained in 40 CFR
401.15.
In 1977, amendments to the Clean
Water Act refocused Agency priorities
on the control of toxic pollutants. As a
result, the NPDES program expanded
beyond control of conventional
pollutants to control of nonconventional
pollutants, such as ammonia, chlorine,
and nitrogen, as well as certain metals
and organic chemicals. The list of the 65
compounds was incorporated into sec.
307 when the CWA was amended in
1977 (see Committee Print Number 95-
32, Hearings before the Subcommittee
on Investigations and Review of the
Committee on Public Works and
Transportation, U.S. House of
Representatives, pages 399-405) and
subsequently was published on January
31,1978 (43 FR 4109). The compounds
on the list were chosen according to
various criteria, including known
occurrence in point source effluents and
substantial evidence of carcinogenicity
in studies of humans or animal systems.
Because the list included broad
categories or classes of chemicals (e.g.,
chlorinated benzenes, DDT and
metabolites, haloethers, etc.), EPA
restructured the list in order to evaluate
and control the specific pollutants of
greatest concern. This produced a list of
129 individual high priority toxic
pollutants. As information became
available regarding the toxic effects of
chemicals on the list, the Agency
amended the regulations to establish the
current list of 126 "priority pollutants."
See 40 CFR Part 423, Appendix A. The
1977 amendments also amended sec.
402(b)(8)&(9) to require that approved
State NPDES programs provide for
administration of the pretreatment
program to regulate industrial users of
POTWs.
In 1979, EPA extensively revised the
NPDES regulations to implement
changes in the CWA, to conform to
recent court decisions, and to clarify
and improve existing procedures. The
1979 regulatory revisions eliminated
duplication of substantive and
procedural requirements between the
existing State and Federal NPDES
program regulations. Under the final
regulations, promulgated on June 7,
1979 (44 FR 32854), the basic
substantive and procedural
requirements applicable to all NPDES
permits were set out in Parts 122 and
124. Part 123 established State NPDES
permit program requirements. EPA
believed that this new regulatory
structure would simplify the regulations
and avoid inconsistencies between State
and Federal programs. These regulations
were challenged judicially and, as
discussed below, petitions for review
were merged with and resolved in
litigation challenging the consolidated
permit regulations and subsequent
rulemakings.
c. Permit Consolidation and
Deconsolidation
To simplify permitting programs, EPA
published regulations on May 19,1980
(45 FR 33290), to consolidate the
requirements and procedures for five of
the permit programs administered by
the Agency: the NPDES program, the
Underground Injection Control (UIC)
program under the Safe Drinking Water
Act (SOWA), State "dredge or fill"
programs under sec. 404 of the CWA,
the Hazardous Waste Management
(HWM) program under the Resource
Conservation and Recovery Act (RCRA),
and the Prevention of Significant
Deterioration (PSD) program under the
Clean Air Act. The Agency believed it
would be efficient to consolidate
environmental permitting programs
wherever feasible. This effort sought to
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62549
eliminate gaps and overlaps and ensure
consistency among the programs.
At the same time, EPA revised certain
of the permit application regulations.
The Agency created three new
application forms: Form 1, Form 2B,
and Form 2C. Form 1 requires general
information about permit applicants and
was required to be completed by
applicants for each of the five types of
permits under the consolidated permit
rule. Form 2B is specific to part of the
NPDES program, specifically, permit
applications for concentrated animal
feeding operations and aquatic animal
production dischargers. Form 2C, also
specific to the NPDES program, applies
to manufacturing, commercial, mining,
and silvicultural operations. All three
forms incorporated EPA's emphasis on
toxic pollutants and other modifications
to the CWA and NPDES program
regulations.
Following promulgation of the
consolidated permit regulations,
interested parties complained that the
consolidated format made the
regulations unnecessarily difficult to
use. The division of responsibilities
among various entities at the State and
Federal levels resulted in additional
problems. In practice, consolidated
processing of multiple permits was rare
because the various permit programs
regulated different activities with
different standards and thus imposed
different types of requirements on
permittees. Subsequent petitions for
judicial review of various aspects of the
consolidated permit regulations were
consolidated with pending petitions for
review of the June 7,1979, final NPDES
regulations in the United States Court of
Appeals for the District of Columbia
Circuit.
As part of an agreement to resolve that
litigation, and in response to problems
encountered by permit writers, EPA
deconsolidated the five permitting
programs on April 1,1983 (48 FR
14146). The NPDES regulations remain
in Part 122 (substantive permit
requirements) and Part 123 (State
program requirements). Part 124
(common permitting procedures)
remains applicable to all of the
programs. On September 1,1983 (48 FR
39611), EPA promulgated additional
revisions covering a number of issues
affecting the consolidated permit
program.
After deconsolidation, the NPDES
program continued to use Forms 1, 2B,
and 2C. In 1984, EPA amended Form 2C
to include toxic pollutant sampling and,
in 1986, promulgated two new NPDES
forms: Form 2D, for use by new
manufacturing, commercial, mining and
silvicultural operations; and Form 2E,
for use by facilities that do not discharge
process wastewater (51 FR 26982, July
28,1986). The Agency did not, however,
revise either Standard Form A or Short
Form A. Thus, these two forms do not
request information to reflect all of the
CWA's current requirements, including
the emphasis on the control of toxic
pollutants.
d. The Water Quality Act of 1987 and
Water Quality-Based Permitting
On February 4, 1987, the CWA was
amended again by the Water Quality Act
(WQA) of 1987 (Pub. L. 100-4). The
WQA included several provisions that
affect POTWs and other TWTDS.
Statutory amendments included
requirements addressing sewage sludge,
storm water, and water quality-impaired
streams. In response to the 1987
amendments, EPA published technical
revisions to amend the NPDES
regulations on January 4, 1989 (54 FR
246). EPA promulgated final regulations
for State sludge management programs
on May 2, 1989 (54 FR 18716). As part
of the WQA implementation effort, the
Agency published rules implementing
CWA sec. 304(1) and other changes to
surface water toxics regulations on June
2, 1989 (54 FR 23868). This 1989
rulemaking recognized the Agency's
commitment to protect water quality
through water quality-based permitting.
The 1987 amendments provided that
States were to adopt numeric water
quality criteria for the "priority
pollutants" listed pursuant to sec.
307(a)(l), if discharge of those
pollutants could reasonably be expected
to interfere with a designated use under
State water quality standards. States
were to adopt these criteria whenever
they reviewed, revised, or added new
water quality standards. Subsequent
review of all States indicated that 43
States had adopted the criteria as
required. Fourteen States, however,
were not fully in compliance with the
1987 amendments as of December 22,
1992. On that date, EPA promulgated
chemical-specific numeric criteria for
those States, as necessary, to comply
with the CWA (57 FR 60848).
On July 22, 1994, EPA published its
whole effluent toxicity (WET) policy (59
FR 37494). The policy is intended (i) to
promote uniform, nationwide
compliance with statutory and
regulatory requirements for the control
of WET, and (ii) to assist permit writers
in implementing these requirements.
The policy reflects EPA's experience in
implementing the 1989 water quality-
based permitting regulations at 40 CFR
122.44(d). The WET policy provides for:
evaluation of acute and chronic WET
water quality criteria attainment at the
edge of the respective mixing zones;
review of all major dischargers for
reasonable potential to cause or
contribute to exceedance of WET water
quality criteria; consideration of
available WET testing data and other
information in evaluating whether a
discharger has reasonable potential to
cause or contribute to exceedance of
WET criteria; imposition of effluent
limitations to control WET upon finding
reasonable potential to cause or
contribute to exceedance of WET
criteria; imposition of WET monitoring
conditions where appropriate for
dischargers that do not have effluent
limitations to control WET; schedules
for compliance with WET effluent
limitations; application of water quality
permitting regulations to apply without
regard to the pollutant(s) that may be
causing toxicity, including ammonia
and chlorine; and application of the
water quality-based permitting
regulations to all dischargers, including
POTWs.
2. Background of the Pretreatment
Program
Congress recognized that regulating
only those pollutant sources discharging
effluent directly into the nation's waters
would not achieve the CWA's goal to
eliminate pollutant discharges.
Consequently, the CWA required EPA to
promulgate nationally applicable
pretreatment standards that restrict the
introduction of pollutants from
industrial users of POTWs, also called
indirect dischargers.
EPA first issued pretreatment
standards on November 8, 1973 (38 FR
30982). Following the 1977 CWA
amendments, EPA revised those
regulations and issued the "General
Pretreatment Regulations for Existing
and New Sources of Pollution," on June
26, 1978 (43 FR 27736). The regulations
were revised again on January 28, 1981
(46 FR 9439). As amended, the
pretreatment regulations at 40 CFR Part
403 require that "any POTW (or
combination of POTWs operated by the
same authority) with design influent
flow rates greater than five million
gallons per day (mgd) and receiving
from industrial users pollutants that
pass through or interfere with the
operation of the POTW" establish
pretreatment programs as part of its
NPDES permit. In addition, POTWs
with design influent flow rates of less
than five mgd may be required to
develop pretreatment programs if non-
domestic wastes cause upsets, sludge
contamination, or violations of NPDES
permit conditions or if their industrial
users are subject to national
pretreatment standards. EPA estimates
-------
62550 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
that 1,500 treatment facilities are
required to administer such
pretreatment programs.
The National Pretreatment Program's
primary goal is protection of POTWs
and the environment from the effects of
discharges into municipal sewerage
systems. This protection is achieved
principally through regulating industrial
users that discharge toxic pollutants or
unusually large amounts of
conventional pollutants into municipal
systems. The General Pretreatment
Regulations control pollutant discharges
into POTWs in several ways. First,
prohibited discharge standards apply to
all industrial and commercial
establishments connected to POTWs. 40
CFR 403.5. These standards include
general prohibitions against the
introduction of pollutants into POTW
that may pass through the POTW or
interfere with the operations of the
POTW, as well as specific prohibitions
relating to the introduction of pollutants
which have the potential to create
hazards for the POTW, such as heat,
explosivity, and corrosivity. Second,
categorical pretreatment standards
apply to discharges by industrial users
in specific industrial categories
determined to be significant sources of
toxic pollutants. Categorical standards
are designed to ensure that wastewaters
from direct and indirect industrial
dischargers are subject to similar levels
of treatment.
Finally, 40 CFR 403.5(c) requires
POTWs to develop and enforce local
limits designed to ensure that industrial
users meet both the general and specific
prohibitions. Thus, local limits are
intended to ensure that POTWs are able
to comply with NPDES limits, including
water-quality based standards. Local
limits are Federally enforceable
pretreatment standards, as defined by
sec. 307(d). In cases where local limits
are more stringent than categorical
standards, the more stringent limit
applies and is enforceable as a Federal
standard.
On July 24,1990, EPA promulgated
amendments to the NPDES and General
Pretreatment Regulations to reflect the
findings of the "Report to Congress on
the Discharge of Hazardous Wastes to
Publicly Owned Treatment Works," also
known as the Domestic Sewage Study
(DSS) (55 FR 18716). The rule contained
a number of regulatory changes
intended to improve control of
hazardous wastes discharged to POTWs,
including revisions to the application
requirements for POTWs at 40 CFR
122.21(j). Paragraphs 122.21(j) (l)-(3)
contain whole effluent toxicity (WET)
testing requirements, and paragraph
122.21(j)(4) requires POTWs with
approved pretreatment programs to
submit a written technical evaluation of
the need to revise local limits. Today,
EPA proposes to revise the WET
reporting requirements at § 122.21(j) and
to revise the provision for the local
limits technical evaluation by making
this a POTW pretreatment program
requirement rather than an application
requirement based on concerns about
the timing of such evaluations relative
to imposition of water quality-based
effluent limitations in POTW permits.
3. Program To Control Combined Sewer
Overflows
Combined sewer systems (CSSs) are
wastewater collection systems that
transport both sanitary wastewater and
storm water to POTWs. During dry
weather, CSSs carry sanitary wastes, as
well as industrial and commercial
discharges, to POTW treatment plants.
In periods of heavy wet weather flows,
transported sewer waters can overflow
the regulator structures, which normally
convey waste streams to the treatment
plant, and discharge into adjacent
surface waters. These discharges are
called "combined sewer overflows"
(CSOs). CSOs often contain high levels
of suspended solids, bacteria,
pathogens, and, in many instances,
heavy metals and other toxic pollutants,
floatables, nutrients, oxygen-demanding
materials, oil and grease, and other
contaminants.
CSOs are point source discharges
subject to technology-based treatment
requirements and applicable water
quality-based standards through NPDES
permits. Because they occur prior to the
headworks of the POTW treatment
plant, these discharges are not
considered discharges from a POTW
and, consequently, are not subject to
secondary treatment requirements.
In the United States, approximately
1,100 (mostly older) municipalities have
CSSs, with approximately 11,000 CSO
outfalls that periodically discharge
untreated sewage, commercial and
industrial wastes, and storm water
during wet weather events. Almost 85
percent of these municipalities are
located in the Northeast and Great Lakes
areas. Studies conducted in recent years
reveal that CSO discharges are a leading
cause of reduced water quality,
increased health risks, degraded
ecological conditions, and impaired
beneficial uses within the Nation's
surface waters. Although pollutant
concentrations in CSOs frequently are
lower than those in untreated average-
flow municipal wastewater (due to
dilution occurring during high flows),
CSOs often result in large pollutant
loadings within a short time, potentially
causing beach closures, shellfish bed
closures, and fish kills.
In 1989, EPA published the National
Combined Sewer Overflow Control
Strategy (54 FR 37370, Sept. 8,1989).
On April 19,1994, EPA expanded on
the 1989 strategy by publishing the CSO
Control Policy (59 FR 18688). The
Policy was developed through
negotiated dialogue with State,
environmental group, and municipal
representatives. The Policy explains
EPA's expectations for control of CSOs
under the CWA and guides NPDES
permitting authorities in issuing permits
for CSO discharges. The Policy outlines
a phased approach to permitting
requirements. Under a Phase I permit,
the permittee should document
implementation of the nine minimum
control measures identified in the
Policy as minimum technology-based
requirements established through best
professional judgment (BPJ) to minimize
CSO discharges. The nine minimum
controls include review and
modification of local pretreatment
programs to minimize CSO impacts on
receiving waters; maximization of flow
to the POTW for treatment; control of
solids and floatables; and monitoring to
characterize effectively CSO impacts
and the efficacy of CSO controls.
The nine minimum controls are
measures that can generally be
implemented expeditiously to reduce
CSOs and their effects on receiving
water quality. The Phase I permit
should not only require implementation
of the nine minimum controls, but
should also require development of a
long-term control plan. The long-term
control plan describes the long-term
control strategy developed to ultimately
result in compliance with the
requirements of the CWA (including
attainment of water quality standards).
Under a Phase II permit, the permittee
implements the specific controls
described in the long-term control plan.
C. Sewage Sludge Program
1. Statutory Requirements for Sewage
Sludge
In 1987, Congress amended sec. 405
to establish a comprehensive sewage
sludge control program. This program
regulates the use and disposal of sewage
sludge by POTWs and by other
treatment works treating domestic
sewage (TWTDS). Section 405 required
EPA to develop technical standards that
would establish sewage sludge
management practices and acceptable
levels of toxic pollutants in sludge.
Section 405 also provides that NPDES
permits issued to TWTDS contain
requirements implementing the sewage
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62551
sludge standards, unless sewage sludge
control requirements are included in a
permit issued under one of the
following: Subtitle C of the Solid Waste
Disposal Act; Part C of the Safe Drinking
Water Act; the Marine Protection,
Research, and Sanctuaries Act; the
Clean Air Act; or EPA-approved State
programs that comply with sec. 405.
EPA may also issue "sludge-only"
permits to TWTDS that are not
otherwise subject to the NPDES program
or to the other permitting programs
listed above.
2. Sewage Sludge Permit Program
Regulations
On May 2,1989, EPA promulgated
regulations establishing the legal and
programmatic framework for the
National Sewage Sludge Program (54 FR
18716). Sewage sludge management
provisions are to be incorporated into
EPA-issued permits or permits issued by
a State under an EPA-approved sewage
sludge program. Sewage sludge
information reporting requirements
were also added to the overall NPDES
permit application requirements of 40
CFR 122.21. The new regulations,
however, neither listed the specific
sewage sludge information requirements
nor provided a form for reporting this
information. Instead, the rulemaking
cross-referenced the existing State
Sludge Management Program
regulations in Part 501 and required
applicants to submit the information
listed at § 501.15(a)(2). Paragraphs (i)-
(v) of § 501.15(a)(2) require information
on the location and permitting status of
the TWTDS. Paragraphs (vi)-(xii)
require technical information on the
applicant's sewage sludge use or
disposal practice(s).
On February 19, 1993, EPA amended
the sewage sludge permit program
regulations (58 FR 9404). This
amendment phased in requirements for
submitting sewage sludge permit
application information. Any TWTDS
that is required to have, or that requests,
site-specific pollutant limits was
required to submit permit application
information by August 18,1993, for the
first round of Part 503 standards. Other
TWTDS with NPDES permits must
submit application information with
their next NPDES permit applications.
Finally, TWTDS without NPDES
permits ("sludge-only facilities") were
to submit identification and screening
information to the permitting authority
by February 19,1994, for the first round
of Part 503 standards.
3. Part 503 Technical Standards
On November 25,1992, EPA
promulgated the sewage sludge use and
disposal standards required by section
405 of the CWA (58 FR 9248, et seq.,
February 19,1993). These standards
regulate the use and disposal of sewage
sludge when it is applied to land,
placed on a surface disposal site
(including sludge-only landfills), fired
in a sewage sludge incinerator, or sent
to a municipal solid waste landfill
(MSWLF). The standards for each
regulated sewage sludge use or disposal
method consist of general requirements,
pollutant limits, management practices,
operational standards, and requirements
for monitoring, recordkeeping, and
reporting. A number of parties
petitioned for review of the regulations
and on November 15,1994, the United
States Court of Appeals for the District
of Columbia Circuit remanded several
aspects of the regulations for
modification or additional justification.
Leather Industries of America, Inc. v.
Environmental Protection Agency, 40
F.3d 392 (D.C. Cir. 1994).
4. Implementation of Part 503 Technical
Standards
Section 405 (f) of the CWA requires
that permits issued to facilities involved
in sewage sludge generation, treatment,
or disposal include Part 503
requirements. Both POTWs and other
TWTDS are engaged in sewage sludge
generation, treatment, or disposal.
However, some of these facilities are not
required to obtain NPDES discharge
permits pursuant to sec. 402 of the CWA
because they do not discharge
pollutants to surface waters. These are
"sludge-only" facilities.
POTW permits must contain
requirements implementing applicable
Part 503 technical standards and other
Part 122 permit conditions (such as
boilerplate conditions and compliance
monitoring requirements). POTW
permits may also contain any other
conditions the permitting authority
develops on a case-by-case basis to
protect public health and the
environment. The permit also
establishes a POTW's responsibilities
for sewage sludge it sends to other
facilities for disposal.
In addition to POTWs, other TWTDS
may also be issued permits. These
treatment works include facilities
dedicated to sewage sludge disposal
(i.e., surface disposal sites and sewage
sludge incinerators), as well as certain
facilities that provide treatment or
otherwise change the quality of the
sewage sludge before ultimate use or
disposal. Sewage sludge has undergone
a change in quality if its pollutant
concentrations, pathogen levels, or
vector attraction properties have been
altered sufficiently to change the
sludge's regulatory status under Part
503. Therefore, processes such as
stabilization, composting, digestion,
heat treatment, or blending with bulking
agents or with sewage sludge from
another treatment works may all qualify
as sewage sludge treatment. (For a more
detailed discussion of who must apply
for a permit, see the preamble to the
May 2,1989, regulations at 54 FR
18725.)
5. Interim'Sewage Sludge Permit
Application Form
On November 8,1993, EPA published
a notice about the interim sewage sludge
permit application form (58 FR 59260).
This interim form was developed to
simplify the application process until
Form 2S was completed. Section
122.21(d)(3)(ii) requires sewage sludge
permit applications to include the
information at § 501.15(a)(2), which
includes both specific and general
information. This interim form ensures
that permittees submit the necessary
information; helps permittees to
understand exactly which requirements
apply to them; and makes the
application requirements consistent for
all permittees.
Proposed Form 2S is based on the
interim application form. EPA
welcomes comments on the proposed
Form 2S, especially from users of the
interim form.
D. NPDES Watershed Strategy
The Watershed Protection Approach
is an Agency initiative which promotes
integrated solutions to address surface
water, ground water, and habitat
concerns on a watershed basis. It
represents EPA's renewed emphasis on
addressing all stressors within a
hydrologically defined drainage basin,
instead of viewing individual pollutant
sources in isolation. It is not a new
program competing with, or replacing,
existing programs; rather, it provides a
management framework, within which
baseline CWA program requirements,
related public health concerns, and
newer initiatives can be integrated to
address restoration and protection of
aquatic ecosystems cost-effectively.
The Watershed Protection Approach
has four components. First, it focuses
protection and restoration activities
within a geographically defined
resource, the watershed. Second, it
emphasizes the involvement of all
affected stakeholders within a
watershed; these may include Federal
authorities, State governments, local
governments, the regulated community,
environmental groups, and other
interested parties. Third, it stresses the
need for appropriate stakeholders to
-------
62552 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
take comprehensive, integrated actions
to address environmental priorities.
Finally, it promotes a regular effort to
evaluate the success of these actions in
protecting and restoring the watershed.
The broad range of NPDES functions
and activities gives the NPDES program
a key role in implementing the
Watershed Protection Approach. On
March 21,1994, the EPA Assistant
Administrator for Water issued the
NPDES Watershed Strategy. The
Strategy represents a first step toward
OW's goal of fully integrating the
NPDES program into the broader
Watershed Protection Approach.
The Strategy outlines national
objectives and implementation
activities: (1) to integrate NPDES
program functions into the broader
Watershed Protection Approach; and (2)
to support the development of
Statewide basin management
approaches. To this end, the Strategy
identifies six areas that are considered
essential for the Agency to support these
objectives:
Statewide Coordination—Support the
development of Statewide basin
management frameworks, coordinate
EPA Office of Water grants application
and reporting processes, and coordinate
interstate basin efforts to facilitate
implementation of the Watershed
Protection Approach;
NPDES Permits—Implement a
methodology for issuing NPDES permits
on a watershed basis and emphasize
training on watershed protection.
Streamline the NPDES permit
development, issuance, and review
process. Develop and implement
innovative approaches to NPDES
permitting on a watershed basis, where
feasible;
Monitoring and Assessment—Develop
a Statewide monitoring strategy;
establish point source ambient
monitoring requirements, where
appropriate, to facilitate the
development of monitoring consortia
and individual monitoring efforts; and
promote comparable data collection,
analysis, and utilization by all
stakeholders;
Programmatic Measures and
Environmental Indicators—Revise
existing national accountability
measures to facilitate implementation of
the Watershed Protection Approach and
establish new measures of success that
reflect assessment of progress toward
short- and long-term watershed
protection goals;
Public Participation—Utilize existing
NPDES public participation process and
development of basin-wide management
plans to encourage informed
participation by watershed stakeholders,
educate stakeholders about watershed
planning efforts, and seek broad public
participation in identifying local
environmental goals; and
Enforcement—Include emphasis on
minor facilities which are discharging to
priority basins, within the base national
enforcement program, and use 308
authorities, inspections and
supplemental environmental projects,
where appropriate, to support
watershed protection activities.
The Agency views today's rulemaking
as an opportunity to further the
objectives of the Watershed Protection
Approach and the NPDES Watershed
Strategy. Both proposed Form 2A and
proposed Form 2S request information
which support these objectives. These
questions are discussed in detail below.
The Agency requests comment on what
specific additional changes might be
made to proposed Form 2A and
proposed Form 2S to support the
Watershed Protection Approach.
E. Permit Writer's Information Needs
Related to Endangered Species and
Historic Properties
EPA is considering whether the
permit application regulations should
require permit applicants to provide
available information related to
endangered species and historic
properties. The Endangered Species Act,
16 U.S.C. § 1531 et seq., creates certain
obligations requiring the Agency to
consult with other federal agencies (U.S.
Fish and Wildlife Service and National
Marine Fisheries Services) when EPA
carries out, authorizes, or funds an
action that may affect threatened or
endangered ("listed") species. The
National Historic Preservation Act, 16
U.S.C. §470 et seq., creates certain
obligations requiring the Agency to
consult with State officials (State
Historic Preservation Officers) and/or
federal officials at the Advisory Council
for Historic Preservation in order for
EPA to take into account the effect on
historic properties of an "undertaking,"
as that term is defined by the National
Historic Preservation Act. EPA believes
that the collection of such information
would be useful to regulatory officials in
considering permit applications for
activities or undertakings that may
affect listed species or historic
properties, respectively. Absent
information in the permit application,
EPA may need to collect such
information on a case-by-case basis,
which could delay the permit issuance
process in some instances.
EPA invites public comment on the
information that could or should be
provided by the permit applicant.
Specifically, if EPA established permit
application questions about listed
species or historic properties, what kind
of information can or should the permit
applicant provide? Would it be
appropriate to request that the permit
applicant identify whether there are
known or suspected listed species,
including species proposed for listing
and designated critical habitat, or
historic properties in the area of the
POTW discharge (or sludge use or
disposal site by a TWTDS) that would
be affected by that POTW discharge (or
sludge use or disposal by a TWTDS)?
How could or should EPA provide
applicants with flexibility to assist
regulatory officials in the consideration
of potential impacts of activities on
listed species or historic properties?
Though EPA does not propose what
type of information related to
endangered species or historic
properties would be sought in today's
proposal, any such information
collection requests in the final
regulation may affect the costs
associated with complying with the
permit application regulations, both in
terms of financial cost and burden
hours. EPA invites public comment on
all aspects of efficient federal permitting
of POTWs (and TWTDS) consistent with
requirements of the Endangered Species
Act and the National Historic
Preservation Act.
F. Permit as a Shield
Section 402 (k) of the CWA, also
known as the "shield" provision,
provides that compliance with an
NPDES permit shall be deemed
compliance, for purposes of sec. 309
and 505 enforcement, with sec. 301,
302, 306, 307, and 403 of the CWA
(except for any standard imposed under
sec. 307 for toxic pollutants injurious to
human health). In response to questions
raised regarding EPA's interpretation of
the scope of the "shield" associated
with NPDES permits under the CWA,
the Agency issued a policy statement on
July 1,1994, to describe the Agency's
current position on the scope of the
authorization by EPA to discharge under
an NPDES permit and the shield thus
associated with permit authorization.
As part of an application for an
individual NPDES permit, EPA requires
that an applicant provide certain
information on its facility. In the case of
industrial permit application, this
includes specific information about the
presence and quantity of a number of
specific pollutants in the facility's
effluent, as well as general information
on all waste streams and operations
contributing to the facility's effluent and
the treatment the wastewater receives.
Present application requirements for
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62553
municipal discharges focus primarily on
the operation and treatment processes at
the municipal treatment works,
although some quantitative information
is also required.
Historically, EPA has viewed the
permit, together with material submitted
during the application process and
information in the public record
accompanying the permit, as important
bases for an authorization to discharge
under sec. 402 of the CWA. The
availability of the sec. 402(k) shield is
predicated upon the issuance of an
NPDES permit and a permittee's full
compliance with all applicable
application requirements, any
additional information requests made by
the permit authority and any applicable
notification requirements under 40 CFR
§§ 122.41(1) and 122.42, as well as any
additional requirements specified in the
permit.
In the July 1,1994, policy statement,
the Agency explained that a permit
provides authorization and therefore a
shield for the following pollutants
resulting from facility processes, waste
streams and operations that have been
clearly identified in writing in the
permit application process when
discharged from specified outfalls:
(1) Pollutants specifically limited in
the permit or pollutants which the
permit, fact sheet, or administrative
record explicitly identify as controlled
through indicator parameters (of course,
authorization is only provided to
discharge such pollutants within the
limits and subject to the conditions set
forth in the permit);
(2) Pollutants for which the permit
authority has not established limits or
other permit conditions, but which are
specifically identified in writing as
present in facility discharges during the
permit application process; and
(3) Pollutants not identified as present
but which are constituents of
wastestreams, operations or processes
that were clearly identified during the
permit application process (the permit,
of course, may explicitly prohibit or
limit the scope of such discharges).
With respect to subparts 2 and 3 of
the permit authorization described
above, the Agency recognizes that a
discharger may make changes to its
permitted facility (which contribute
pollutants to the effluent at a permitted
outfall) during the effective period of
the NPDES permit. Pollutants associated
with these changes (provided they are
within the scope of the operations
identified in the permit application) are
also authorized provided the discharger
has complied in a timely manner with
all applicable notification requirements
(see 40 CFR 122.41(1) and 122.42 (a) and
(b)) and the permit does not otherwise
limit or prohibit such discharges.
Section 122.42(b) requires that POTWs
must provide adequate notice, including
information on the quality and quantity
of discharges to the POTW and
anticipated impacts on the quantity or
quality of effluent discharged by the
POTW, of new introductions of
pollutants by indirect dischargers into
the POTW and any substantial change
in the volume or character of pollutants
being introduced by sources introducing
pollutants into the POTW at the time of
permit issuance.
Notwithstanding any pollutants that
may be authorized pursuant to subparts
1 and 2 above, an NPDES permit does
not authorize the discharge of any
pollutants associated with
wastestreams, operations, or processes
which existed at the time of the permit
application and which were not clearly
identified during the application
process.
In the July 1994 policy statement, the
Agency committed to revise the NPDES
permit application regulations for both
municipal and industrial discharges, so
as to ensure that applicants would have
the responsibility to characterize more
fully the nature of their effluents and
the contributions of their effluents to
receiving waters. The Agency stated
that, in addressing this issue, it would
review EPA's position on the scope of
the shield provided by sec. 402(k).
Generally, the discharger is in the best
position to know the nature of its
discharge and potential sources of
pollutants. Consequently, requiring as
full a disclosure as technically possible
in the permit application is one option
EPA may want to consider in light of the
protection afforded the discharger by
the permit shield. However, in the case
of POTWs, providing a permit shield
only for pollutant discharges fully and
completely characterized in the permit
application could represent a significant
burden on POTWs if they were required
to identify every pollutant discharged.
This is so because of the potential
pollutant contribution into POTW sewer
systems from industrial users and
residential dischargers. Narrowing the
scope of the shield and consequent
expansion of potential liability would
likely raise the cost associated with the
failure to anticipate, detect, and provide
information on these discharges.
The Agency has concerns that, using
the current application form, permitting
authorities using the existing municipal
application forms may not always
receive the information about an
applicant's discharge needed to develop
permits consistent with the
requirements of the CWA. In today's
proposed rule, the Agency is updating
its POTW discharge application
requirements (proposed Form 2A and
proposed § 122.21(j)) to provide more
information to permit writers and to
streamline the permitting process by
ensuring that the information needed
from most applicants is consolidated
onto a single application form. The
Agency solicits comment on whether
the proposal adequately addresses these
concerns. Moreover, EPA is seeking the
public's views on how to strike the
proper balance between the need for
environmental protection, incentives to
ensure adequate disclosure, and the
discharger's need for certainty that its
conduct meets legal requirements.
The Agency also specifically requests
comment on adding additional
application requirements that would
make applicants responsible for
providing more information than that
specified on the form. For example, the
Agency is considering adding a question
asking whether the POTW has any other
information on pollutants not otherwise
requested on the form. The Agency is
also considering whether to ask whether
the POTW has any information on
adverse impacts on water quality, such
as information concerning beach
closings, citizen complaints, or fish
kills. In providing comments on such
questions, commenters should state
whether they would have a chilling
effect on—that is, might tend to
inhibit—the activities of POTWs already
participating, for example, in ambient
monitoring. Comment is also requested
on the extent to which such information
is already available to permitting
authorities.
G. Pollutant Data from POTWs
In preparing options for pollutant data
collection for today's proposed rule, the
Agency sought to identify relevant
pollutant data records for reference. In
so doing, the Agency reviewed POTW
effluent "priority pollutant scan" data
from EPA Region VI and from North
Carolina. These data represented data
from samples of the effluents of several
hundred POTWs with a design flow
greater or equal to one (1.0) mgd (i.e.,
"major" POTWs). Although the
information requested by the Region
and State differed in some respects,
each required major POTWs to report on
all "priority pollutants" (i.e., the
pollutants listed in 40 CFR Part 122,
Appendix D, Tables II and III). The
Agency compiled this information in a
database, and analyzed it to determine
the pollutants most frequently detected
in these effluents.
The Agency concluded that, although
this survey was not conducted based on
-------
62554 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
statistical methodologies, it was
possible to discern certain general
patterns in the incidence of pollutants
reported. Our review of Region VI and
North Carolina data indicated that over
90% of 300 POTWs sampled reported at
least one of the chemicals listed in
Appendix D, Table III. Copper and zinc
each appeared in two-thirds of all the
POTWs surveyed; lead and nickel each
appeared in about thirty percent of the
effluents sampled; antimony, arsenic,
cadmium, and silver each appeared in
more than fifteen percent of facilities;
and mercury and cyanide each appeared
in slightly fewer than fifteen percent.
Certain volatile organics (i.e., THMs)
each appeared in roughly a quarter or
more of the POTWs sampled; and
certain base neutral compounds (i.e.,
pthalate esters) each showed up in ten
to twenty percent of POTWs. Finally,
only a few of the pesticides listed in
Appendix D, Table II were reported in
a small number of these scans.
While this information was not
determinative in the Agency's decisions
about what to include on the forms, it
was consistent with other information
provided, and supported some of the
Agency's assumptions articulated
elsewhere in this preamble concerning
the appropriate pollutant test data to
require from major POTWs. Notably
lacking, however, were data on
discharges from "minor" POTWs (those
with a design flow of less than one (1.0)
mgd). The Agency is seeking
information concerning the discharges
from minor POTWs and intends to
collect such information between this
proposal and the final rule that will
provide a basis for determining the
appropriate sampling requirements for
those POTWs.
H. Public Consultation in the
Development of Today's Proposal
In the course of developing today's
proposed rule, EPA made efforts to
consult with interested stakeholders in
the application process. In late 1993 and
early 1994, the Agency sought feedback
on draft forms and other elements of the
proposal from States with approved
NPDES programs, local governments,
the Association of State and Interstate
Water Pollution Control Administrators
(ASIWPCA), the Association of
Metropolitan Sewerage Agencies
(AMSA), the California Association of
Sanitation Agencies (CASA), the Water
Environment Federation (WEF), and
several environmental groups. In
response to this outreach effort, the
Agency received written comments from
a dozen States, several municipalities,
and from AMSA. Agency
representatives also met with State and
municipal representatives and
conducted a conference call through
WEF.
With respect to the POTW wastewater
discharge application, the Agency was
particularly interested in issues relating
to pollutant data collection. The Agency
indicated that it was considering a
tiered approach, based upon POTW size
and the level of industrial contribution
(i.e., whether the POTW was required to
implement a local pretreatment
program). Most commenters generally
supported the idea of a tiered approach
(i.e., that the Agency not require the
same information from all POTWs). The
Agency received an array of suggestions
concerning what pollutant data should
be required. Among the concerns raised
by commenters were the following: ease
of completion; flexible implementation
by States; reduced pollutant data
requirements; sensitivity to impacts on
small municipalities; and elimination of
redundant reporting. In addition, the
Agency received numerous technical
comments concerning various details of
the information to be reported.
In response, the Agency has made
changes to the proposed rule to provide
a user-friendly modular design for the
forms and has revised its initial
approach to municipal pollutant data
collection for this proposal. The
Agency's proposed approach to
pollutant data collection would limit
pollutant data requests to those
pollutants of greatest concern and
would require less pollutant data from
smaller municipalities. However, the
Agency is still considering several
options concerning the amount of
pollutant data to be provided, including
options that would require minor
POTWs to provide sampling data on
metals, some organic compounds, and
whole effluent toxicity.
With respect to the sludge
application, the Agency was interested
in the type and amount of pollutant data
currently requested by States. Responses
showed variation among States.
Comments were also received that
questioned the need for some of the
information to be collected by Form 2S.
The Agency has removed some
questions that it agrees are not necessary
for sludge permit applications. The
Agency also requests comment on
several options for pollutant data
collection.
Finally, the Agency proposes to allow
the use of existing data and to reduce
redundant reporting by allowing
permitting authorities to waive
reporting of information to which they
have direct access. This proposal is
discussed in more detail in those
portions of the preamble which focus on
the relevant provisions of the proposed
rule. The Agency also solicits comments
on alternative considerations
specifically addressed to pollutant data
submission and industrial user
information.
II. Approach Taken in Today's Notice
A. Scope of Today's Rulemaking
Today's notice proposes two sets of
NPDES application requirements and a
corresponding permit application form,
together with instructions, for each.
Proposed § 122.21(j) contains
application requirements pertaining to
wastewater treatment and discharge at
publicly owned treatment works
(POTWs), and would require that
applicants submitting this information
to EPA use new Form 2A. Proposed
§ 122.21(q) contains application
requirements pertaining to generation,
treatment, and disposal of sewage
sludge at POTWs and other treatment
works treating domestic sewage, and
would require that applicants
submitting applications to EPA use new
Form 2S.
The proposed forms would be used
both by EPA and by approved NPDES
States that choose to adopt these forms.
Approved States could also elect to use
forms of their own design so long as the
information requested includes at least
the information required by the final
NPDES/sludge regulations. EPA and
State NPDES authorities may request
additional information from permit
applicants whenever necessary to
establish appropriate permit limits and
conditions. CWA sec. 308.
The proposed forms and instructions
for each form are included with today's
proposed rule as an appendix to the
rulemaking package. EPA is not
intending to publish the forms and
instructions with the final rule, so as to
reduce the length of the Federal
Register notice for the final rulemaking,
and solicits comment on this issue.
B. The Agency Proposes to Revise the
Definition of POTW and Existing Permit
Application Requirements for POTWs
Today, EPA proposes to revise the
definition of the term "POTW," as
defined in 40 CFR Part 122 to conform
more exactly with the definition of the
term at 40 CFR Part 403. "POTW" is
defined at 40 CFR 403.3 as "a treatment
works . . . which is owned by a State
or municipality." This definition
includes devices and systems used in
the storage, treatment, recycling, and
reclamation of municipal sewage or
industrial wastes of a liquid nature, as
well as sewers, pipes, and other
conveyances that carry wastewater to a
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62555
POTW treatment plant. As defined, the
term "POTW" also refers to the
municipality that has jurisdiction over
the discharges to and from such a
treatment plant. In today's proposed
rule, the Agency proposes to revise the
definition of POTW in Part 122 so as to
be consistent with the more commonly
understood definition located in Part
403.
The Agency's intention is to simplify
and clarify, though EPA recognizes that
any change may create unanticipated
confusion. The Agency solicits
comments on effects on conforming the
Part 122 definition with the Part 403
definition. Specifically, the Agency is
interested in the extent the change
would affect: implementation of the
Combined Sewer Overflow policy;
regulatory consideration of sanitary
sewer overflows; and implementation
and applicability of the NPDES and
pretreatment programs to sewerage
collection systems that are not owned/
operated by the owner/operator of the
treatment plant to which collected
waste waters are transported.
The Agency proposes to revise whole
effluent toxicity testing requirements
found in the existing POTW permit
application regulations at § 122.21(j).
Under existing § 122.21(j) (l)-(3), a
POTW must provide the results of
whole effluent biological toxicity testing
as part of its NPDES permit application,
if the POTW has a design flow equal to
or greater than one million gallons per
day; if it has (or is required to have) an
approved pretreatment program; or if it
is required to report by the Director
(NPDES State Program Director or EPA
Regional Administrator). The Agency
proposes to revise this requirement to
reflect Agency guidance and policy, as
well as practical experience in
implementing existing requirements, as
set forth at proposed § 122.21(j)(4).
The Agency proposes to change the
pretreatment requirement for local limit
calculations from an application
requirement to a permit requirement.
Under existing § 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). The
existing provision requires that the local
limits evaluation be done prior to
permit issuance. This has generated
feedback from States and municipalities
that it would be better to require the
evaluation after permit issuance, so as to
avoid the need for a second technical
evaluation if the POTW's permit limits
are revised in the new permit. In
response to these concerns, the Agency
proposes to change this from an
application requirement to a POTW
pretreatment program requirement, at
proposed §403.8(f)(4)(B).
C. EPA Proposes Form 2A for POTWs to
Replace Standard Form A and Short
Form A
Today EPA proposes a new NPDES
application form, Form 2A, for POTWs.
Currently, POTWs may be required to
submit one of two forms, depending on
the size of the POTW. While both of
these forms are approved Federal forms,
the NPDES regulations do not require
use of the forms by POTWs when
applying for a permit. Standard Form A
is intended to be used by all POTWs
with a design flow equal to or exceeding
one million gallons per day. Standard
Form A contains questions about the
facility and collection system,
discharges to and from the facility
(including information on some specific
pollutant parameters), and scheduled
improvements and schedules of
implementation. Short Form A is
intended for use by all POTWs with a
design flow of less than one million
gallons per day. Short Form A contains
only fifteen questions of a summary
nature, and asks for virtually no
information on specific pollutants.
Many States use one or both of the
Federal forms, but a number of States
have developed State forms that request
information not included on the Federal
forms.
EPA proposes to replace both
Standard Form A and Short Form A
with a single Form 2A, subdivided into
two parts, titled "Basic Application
Information" and "Supplemental
Application Information". Basic
application information would include
information about the collection system
and the treatment plant, general
information concerning the types of
discharges from the treatment plant,
identification of outfalls, certain effluent
characteristics, and scheduled
improvements. The Agency believes
that a separate short form for all minor
POTWs is no longer appropriate,
because in order to establish adequate
permit limits, information such as that
mentioned above must be collected from
all POTWs, regardless of size.
On the other hand, the Agency
recognizes the need to be selective in
requiring further additional information.
For this reason, the Agency has divided
the proposed form into two parts. To
limit the reporting burden for smaller
POTWs without significant industrial
contributions, EPA proposes to require
effluent monitoring data for 17
parameters from POTWs with design
flows less than one million gallons per
day (mgd) and without pretreatment
programs. These 17 parameters consist
mostly of conventional and
nonconventional pollutants. Larger
POTWs and pretreatment POTWs, by
comparison, would be required to report
effluent monitoring data for metals and
organic compounds as well as the 17
parameters required for smaller POTWs.
Thus, the Basic Application Information
part of Form 2 A would require reporting
on those parameters required of all
POTWs, while the Supplemental
Application Information part of the form
would be used by applicants providing
data on toxic pollutants (i.e., larger
POTWs and pretreatment POTWs).
Similarly, the Supplemental
Application Information part of Form
2A is intended to be used by applicants
required to provide the results of whole
effluent toxicity tests, applicants with
significant industrial users, and
applicants with CSOs.
The Agency also invites comment on
requiring use of the form itself. As
explained previously, EPA conducted
significant public outreach to design an
application form that is easy to use,
including outreach on the form itself.
Use of the form would provide all of the
information requested in the proposed
application regulations, whereas
modification of the form may result in
failure to provide information to be
required in the proposed regulations.
On the other hand, EPA seeks to provide
maximum flexibility by "streamlining"
procedures for permit development. The
Agency seeks comment on whether
requiring use of the form would
interfere with streamlining permitting
procedures.
D. Applicability of Form 2A to Privately
Owned and Federally Owned Treatment
Works
As in the case of existing Standard
Form A and Short Form A, EPA
proposes that Form 2A and the
application requirements at § 122.21(j)
be required only for POTWs. However,
the Agency proposes that the Director
have the discretion to use the proposed
form for treatment works that are not
POTWs. As previously discussed, the
NPDES program has evolved
considerably since Standard Form A
and Short Form A were promulgated in
1973, and now embraces facilities that
operate similarly to POTWs but which
do not meet the regulatory definition of
POTW. Although not owned by a State
or municipality, such facilities
nevertheless receive predominantly
domestic wastewater, provide physical
and/or biological treatment, and
discharge effluent to waters of the
United States. Such facilities include
Federally owned treatment works
(FOTWs) and privately owned treatment
-------
62556 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
works that treat primarily domestic
wastewater.
EPA is aware that Federal and State
permitting authorities use a number of
mechanisms for obtaining NPDES
permit application information from
non-POTW treatment works. These
mechanisms include Standard Form A,
Short Form A, Form 2C ("Existing
Manufacturing, Commercial, Mining,
and Silvicultural Operations"), and
Form 2E ("Facilities Which Do Not
Discharge Process Wastewater"). The
Agency believes that Form 2A would in
many cases be the more appropriate
application form for non-POTW
treatment works, and solicits comments
on its applicability to such facilities.
Nevertheless, the Agency does not
propose to require Form 2A for non-
POTW treatment works. Despite many
functional similarities to POTWs, such
facilities do not share the same
regulatory requirements and thus might
not be required to report the same
information to permitting authorities. In
many instances, non-POTW treatment
works are not required under the
NPDES regulations to develop
pretreatment programs, meet secondary
treatment requirements, or report results
of whole effluent toxicity testing with
their permit applications. For those
facilities, requiring such information
through Form 2A might be unnecessary.
The Agency solicits comments on
whether the provisions of § 122.21(j)
and the requirement to use Form 2A
should be extended to treatment works
other than POTWs. EPA is particularly
interested in commenters1 views on how
to collect appropriate information in
appropriate circumstances. EPA also
seeks to design permit application
requirements to account for
privatization of treatment plants
initially constructed as publicly owned
treatment works. The permit application
requirements in this proposed rule may
be appropriate for partially privatized
portions of POTWs, particularly because
the proposed information regulations in
today's rule would solicit information
about sewerage collection systems that
might not otherwise be collected under
the industrial permit application
regulations. Finally, EPA solicits
comment on the extent of the similarity
between POTWs and FOTWs, for
example, whether FOTWs would have
combined sewage collection systems. In
another part of today's proposal, EPA is
soliciting comment about the definition
of POTW to which the permit
application regulations would apply.
E. EPA Proposes Revised Application
Requirements and Form 2S for Sewage
Sludge Permits
Today, EPA also proposes a new form,
Form 2S, to collect information on
sewage sludge from treatment works
treating domestic sewage (TWTDS). The
term "treatment works treating domestic
sewage" is a broad one, intended to
reach facilities that generate sewage
sludge or effectively change its pollutant
characteristics as well as facilities that
control its disposal. The term includes
all POTWs and other facilities that treat
domestic wastewater. It also includes
facilities that do not treat domestic
wastewater but that treat or dispose of
sewage sludge, such as sewage sludge
incinerators, composting facilities,
commercial sewage sludge handlers that
process sludge for distribution, and sites
used for sewage sludge disposal. In
addition, EPA may designate a facility a
TWTDS when the facility's sludge
quality or sludge handling, use, or
disposal practices have the potential to
adversely effect public health and the
environment. Septic tanks or similar
devices are not considered TWTDS.
In addition to proposing sewage
sludge application requirements in new
paragraph 122.21(q), EPA also proposes
to delete the cross-reference to
§ 501.15(a)(2) in paragraph
122.21(d)(3)(ii). This would consolidate
all of the sewage sludge application
requirements in paragraph 122.21(q).
The information included in
§ 122.21(d)(3)(ii) and § 501.15(a)(2) was
not intended to be a final,
comprehensive list of all of the
application information required of a
TWTDS. Such a comprehensive list was
not possible until after promulgation of
the technical sewage sludge standards.
Rather, with these sections, EPA
provided a minimum set of information
requirements to suffice until more
comprehensive sewage sludge permit
application regulations could be
promulgated. In light of the
promulgation of technical sewage
sludge use or disposal standards, at 40
CFR Part 503, EPA today proposes to
modify the sewage sludge permit
application requirements to add new
§ 122.21(q) and to revise paragraph
§ 122.21(d)(3)(ii) accordingly.
EPA intends to maintain consistency
between the NPDES permit application
requirements of Part 122 and the State
sewage sludge permitting requirements
of Parts 123 and 501. This reflects EPA's
belief that a TWTDS should submit the
same application information regardless
of whether the permitting authority
regulates sludge management under an
approved NPDES or under a non-NPDES
program. Therefore, under today's
rulemaking, EPA also proposes to revise
the language of §§ 123.25(a)(4) and
501.15(a)(2) to modify the sludge
information requirements. EPA seeks
comment on this revision.
F. Reasons for Separate Form 2A and
Form 2S
EPA today proposes two separate
forms for municipal wastewater
discharges and sludge for several
reasons. First, the forms would differ in
their applicability. Form 2A would
apply only to POTWs; Form 2S would
require information from all TWTDS.
Most facilities that generate, treat, or
dispose of sewage sludge are POTWs,
and will be required to submit both
application forms. However, several
thousand TWTDS do not discharge to
surface waters and therefore are not
required to have NPDES discharge
permits. Thus, they would be required
to submit Form 2S but not Form 2A.
Second, separate application forms
are also appropriate because wastewater
and sewage sludge are often regulated
by different permitting authorities. In 41
States and territories, the NPDES
program is administered at the State
level through an EPA-approved NPDES
program. Therefore, POTWs in NPDES
States would obtain NPDES permits
from the State permitting authority (by
submitting Form 2A to the State) and
sewage sludge permits from EPA (by
submitting Form 2S to the EPA Regional
Office). Separate application forms
would facilitate this bifurcated
permitting process. In addition, even
when a State sludge permitting program
is approved, the program will not
necessarily be administered by the
State's NPDES permitting authority. For
example, a POTW in a State with both
NPDES and sludge permitting authority
could receive its NPDES permit from the
water management agency and its
sewage sludge permit from a solid waste
agency. Separate Forms 2A and 2S
would also facilitate permitting in this
situation.
G. EPA Solicits Comment on the Use of
Electronic Application Forms
Consistent with recent amendments to
the Paperwork Reduction Act, the
Agency intends to develop electronic
data submission as an alternative form
of application. The use of electronic
media should help to streamline the
application process and to reduce the
amount of repetition associated with
completing application forms that are
only available on hard copy. As
previously noted, the elimination of
redundant reporting is one of the goals
of this rulemaking.
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62557
It is not clear, however, how this
would best be accomplished, especially
because permit application forms must
be "signed" to ensure reliability of
permit application information (and
enforceability of the permit application
regulations). Options range from
transmitting data electronically,
submitting disk copies, or submitting a
hard copy. It might be most feasible to
have electronic forms that could be
distributed and completed
electronically, and then printed, signed,
and submitted. Although the Agency is
considering how "signatures" for
electronic submissions could be
obtained, there are other issues
concerning the use of application forms,
such as how to attach accompanying
documents. The Agency solicits
comments regarding the interest that
applicants and permitting authorities
may have in this area, and suggestions
as to how it could most feasibly be
accomplished.
III. Description of Proposed
Requirements
A. EPA Proposes to Revise Requirements
in § 122,21 (c), (d) and (f) Concerning
the Use of Forms 1, 2A, and 2S
EPA proposes revisions to the existing
general application requirements for all
NPDES permittees, which would require
the use of Forms 2A and 2S by
applicants for EPA-issued permits. The
proposed rule would not require
applicants using these forms to use
Form 1, as is currently required. Today's
proposed rule substantially incorporates
the requirements of § 122.21(f) into the
requirements of proposed § 122.21
paragraphs (j) and (q).
1. Requirement to Submit Form 2A
EPA proposes in § 122.21(d) to require
POTWs to submit the information at
§ 122.21(j) using Form 2A or an
equivalent form approved by the
Director. The Agency proposes to
require applicants for EPA-issued
permits to complete Form 2A, but is
considering not requiring the use of the
form so long as the proposed regulatory
requirements are met. The Agency
intends to allow the use of any method
of electronic data submission the
Agency may approve as part of the final
rule in lieu of the form itself.
2. Requirement to Submit Form 2S
EPA also proposes in § 122.21
paragraphs (c)(2)(iii) and (d) to require
TWTDS to submit the information at
§ 122.21(q) using Form 2S or an
equivalent form approved by the
Director. As with Form 2A, the Agency
proposes to require applicants for EPA-
issued permits to complete Form 2S, but
is considering not requiring the use of
the form so long as the proposed
regulatory requirements are met. Also as
with Form 2A, the Agency intends to
allow the use of any method of
electronic data submission the Agency
may approve as part of the final rule.
B. Application Requirements for POTWs
(40 CFR 122.21(j))
Today's proposed rule includes
application requirements for all POTWs.
These requirements are proposed at 40
CFR 122.21(j). Form 2A tracks the
information required by the regulation
in parallel fashion. Applicants for State-
issued permits are not required to use
Form 2A, so long as the other
application form provided by the
Director requests the information
required by proposed § 122.21(j).
EPA acknowledges concerns relating
to redundant reporting which were
raised by State and municipal
commenters during the consultation
process. The Agency does not wish to
require applicants to report information
already provided or available to the
permitting authority. Today's proposal
would allow permitting authorities to
waive reporting requirements, as
appropriate. The introductory paragraph
of proposed § 122.21(j) would allow the
Director to waive any requirement in
proposed paragraph (j) if the Director
has access to substantially identical
information. The Agency solicits
comment on this approach and,
specifically, on the conditions for
allowing such a waiver. In today's
proposed rule, the Agency also solicits
comments on more narrowly defined
waivers for specific requirements (see
discussion below concerning pollutant
data requirements and industrial user
information requirements).
The Agency also solicits comment on
ways to allow the permit writer or
permitting authority discretion in
waiving particular information where
the permitting authority determines that
such information is not necessary for
the application. In other words, there
may be flexible ways to look at each
applicant in light of the overall "matrix
of characteristics" regarding a particular
facility. Where, for example, historical
data indicate that additional sampling is
not warranted unless other conditions
have changed, the Agency is allowing
the permitting authority to waive such
sampling. Such flexibility would
involve a holistic approach to
implementing these proposed
requirements. The Agency solicits
comment as to ways in which it could
be accomplished without making these
provisions entirely discretionary, and
thus making it difficult for the applicant
to predict how discretion would be
exercised. This might be particularly
relevant on the second and subsequent
rounds of permitting under these
proposed provisions. The Agency also
seeks comment on what information
might be appropriate and what
information might be inappropriate for
such waivers.
1. Basic Application Information
Today's proposal would require all
POTW applicants to provide the
information in proposed § 122.21(j)(l).
All of this information is also requested
in Questions 1-16 of the Basic
Application Information part of
proposed Form 2A.
Proposed § 122.21(j)(l) of today's rule
would require information on the
POTW's service area and physical plant.
The proposed rule would require all
applicants to provide information
regarding the community served and
physical characteristics of the treatment
works.
Proposed §122.21(j)(l)(i) requests
facility identification information.
Proposed § 122.21(j)(l)(ii) requests
information about the applicant, which
may or may not be the facility itself.
Proposed § 122.21(j)(l)(iii) asks the
applicant to provide permit numbers of
any existing environmental permits that
have been issued to the facility.
Proposed § 122.21(j)(l)(iv) would
require the applicant to list the
municipalities and populations served
by the POTW. The POTW may serve
several areas (including unincorporated
connector districts) in addition to the
one in which it is located. The permit
writer needs to know what areas are
served and the actual population served
in order to calculate the potential
domestic sewage loading to the facility.
The information on the community is
also useful for providing notice and
public comment for permit reissuance,
and for public education.
Proposed § 122.21(j)(l)(v) would
require the applicant to report the
facility's design flow rate and the
annual average daily flow rate for each
of the past three years. This information
enables the permitting authority to
calculate limits appropriate to the
POTW, to alert the permitting authority
to the need for flow restrictions or
facility expansion, and to compare
design and actual flows.
Proposed § 122.21(j)(l)(vi) would
require information on the type of
collection system used by the facility.
The applicant would also identify
whether the collection system is a
separate sanitary system or a combined
storm and sanitary system. The
-------
62558 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
applicant would also estimate the
percent of sewer line that each type
comprises. Familiarity with the type of
collection system enables the permit
writer to anticipate combined collection
system overloading in wet weather. The
current application form, Standard
Form A, requests that the applicant also
provide the length of the collection
system (in miles). The proposed rule
does not include this requirement
because the Agency does not believe
that such information is useful to the
permit writer.
Proposed § 122.21(j)(l)(vii) would
also require information on inflow and
infiltration. Inflow is the uncontrolled
entrance of water into the collection
system from surface sources such as
unsealed manholes. Infiltration is water
that enters the collection system
through deteriorated or defective pipes,
joints, and connections. Both conditions
may indicate the need for special permit
conditions (such as best management
practices) to reduce the inadvertent flow
of water to the POTW. EPA requests
comment on the availability of inflow
and infiltration information at POTWs.
This provision would also request
information on steps the facility is
taking to minimize inflow and
infiltration.
Proposed § 122.21(j)(l)(viii) would
require the applicant to provide a
topographic map that includes
information on the layout of the
treatment plant, including all unit
processes; intake and discharge
structures; wells, springs, and other
surface water bodies; sewage sludge
management facilities; and the
location(s) at which hazardous waste
enters the treatment plant by truck, rail,
or dedicated pipe. This provision
reflects the topographic map
requirements of § 122.21(f)(7), and is
more specifically designed to include
features most likely to be found at a
POTW.
Proposed § 122.21(j)(l)(ix) would
require the applicant to submit a
process flow diagram or schematic,
together with a narrative description.
The permit writer uses this information
to develop secondary treatment and
water quality-based permit
requirements, as well as other
applicable permit conditions.
Proposed § 122.21(j)(l)(x) would
require information about bypasses,
which are intentional diversions of
wastestreams from any part of a
treatment plant. Regulations governing
bypasses are set forth at 40 CFR
122.41(m). Facilities experiencing
bypasses are required to estimate the
frequency, duration, and volume of
bypass incidents, and the reasons why
bypasses have occurred. Information on
bypasses is used by the permit writer to
develop appropriate permit limits and
conditions for these discharges.
Proposed § 122.21(j)(l)(xi) would
require general information regarding
discharges to waters of the United States
as well as discharges to destinations
other than surface waters. This
information enables the permit writer to
account for all wastewater that enters
the POTW, regardless of whether or not
it is discharged directly to receiving
waters. From a watershed permitting
standpoint, permitting authorities may
use this information to identify flows
that individually or collectively may
have an impact on the watershed,
whether or not they are discharged
directly into waters of the U.S.
If any effluent is discharged to surface
impoundments with no discharges to
waters of the U.S., the applicant would
report the location of each surface
impoundment, the annual average daily
volume discharged to each surface
impoundment, and whether the
discharge is continuous or intermittent.
If effluent is applied to the land, the
applicant must provide the site location,
the site size, and the annual average
daily volume of effluent applied. The
applicant must also state whether land
application is continuous or
intermittent. This information alerts the
permit writer to the potential for point
source discharges to arise from land
application sites under certain
circumstances, such as cold weather or
high volume discharges, or from surface
impoundments.
Proposed § 122.21(j)(l)(xi) would also
require the applicant to report whether
wastewater is discharged to another
treatment works, the means by which
the wastewater is transported, the
average daily flow rate to that facility,
and information identifying the
receiving facility. The applicant must
also identify the organization
transporting the discharge, if other than
the applicant. The permit writer needs
this information in order to track the
wastewater and verify the transfer.
Finally, proposed § 122.21(j)(l)(xi)
would require information on other
types of disposal, such as underground
percolation or injection. These types of
disposal may result in the transfer of
pollutants to waters of the U.S. through
underground flows, and thus are of
interest both to the permit writer in
writing the permit and to the permitting
authority in designing watershed
protection strategies.
Proposed § 122.21(j)(l)(xii) would
require the applicant to report whether
the POTW is located on a Federal Indian
Reservation, discharges to a receiving
water that is on a Federal Indian
Reservation or upstream of and
eventually flows through a Federal
Indian Reservation. This information
enables the permit writer to identify the
proper permitting authority and
applicable requirements, including
applicable water quality standards.
Proposed § 122.21(j)(l)(xiii) would
require the applicant to provide
information about any scheduled
facility improvements. Improvements to
the facility may change its flow or
removal efficiency, necessitating a
permit modification. The permit writer
may modify the permit when the
improvement is complete, or may
include alternate limits in the permit
that would take effect upon completion
of the improvement.
The current application form,
Standard Form A, requests certain
information about required
improvements including information on
dates for completion of the preliminary
plan, completion of the final plan,
awarding of contract, and site
acquisition. EPA is proposing to delete
these requirements but solicits comment
on their usefulness. Standard Form A
also requires the applicant to identify
the authority imposing the improvement
and the general and specific action
codes. The Agency proposes to delete
this requirement because permit writers
have indicated that this information is
unnecessary to writing the permit.
2. Information on Effluent Discharges
Proposed § 122.21(j)(2) of today's rule
would require all POTWs that discharge
effluent to waters of the U.S. to provide
specific information for each outfall
through which effluent is discharged to
surface waters, excluding CSO outfalls.
This information would be reported in
Questions 17, 18, and 19 of the Basic
Application Information part of
proposed Form 2A. The applicant
would be required to submit the
information required for each outfall.
Proposed § 122.21(j)(2)(i) would
require general information about each
outfall. The applicant must specify the
outfall number, location, latitude and
longitude, distance from shore (if
applicable), distance below surface (if
applicable), and average daily flow (in
million gallons per day). EPA enters the
latitude and longitude points into the
water quality data base STORET. Maps
of the location of water discharges are
developed to examine the relationship
between NPDES outfalls and other areas
of concern, such as drinking water
intake points or sensitive ecosystems.
This information is also used to
establish water quality-based effluent
limits appropriate for the particular
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62559
receiving water. The locational data
requested by this question also supports
the Watershed Protection Approach,
because it provides Federal and State
environmental managers with
information they need to geographically
locate discharge points.
Latitude and longitude would be
required to be reported to the nearest
second. This is consistent with EPA's
Locational Data Policy (LDP) (See
"Locational Data Policy Implementation
Guidance, Guide to the Policy (March
1992)"). In accordance with this policy,
all latitude/longitude measurements in
Agency data collection should have
accuracies of better than 25 meters (i.e.,
roughly, one second).
Proposed § 122.21(j)(2)(i) would
require information about the interval
and duration of effluent discharges that
are seasonal or periodic. Such
discharges arise from certain conditions,
usually related to the process at an
industrial user, whereby the industrial
user discharges intentionally at
specified times following treatment. For
each outfall with an intermittent
discharge, the applicant must report the
annual frequency, duration, flow, and
the months in which the discharge
occurs. The permit writer uses this
information to develop permit limits
that reflect the intermittent nature of
such discharges.
Proposed § 122.21(j)(2)(i) would also
require the applicant to specify whether
the outfall is equipped with a diffuser
and the type of diffuser (e.g., high-rate)
used. The permit writer uses this
information to make mixing zone
calculations. (See "Technical Support
Document for Water Quality-based
Toxics Control," EPA/505/2-90-001,
March 1991.)
Most POTWs discharge treated
effluent to surface waters such as
streams or rivers. Proposed
§ 122.21(j)(2)(ii) solicits information that
describes and identifies the receiving
waters into which each outfall
discharges. Information about the type
of receiving water is useful to the permit
writer because mixing zones and
wasteload allocations may be calculated
differently for different types of
receiving waters.
This provision would also require the
name of the watershed, the Soil
Conservation Service watershed code,
the name of the State management
basin, and the United States Geological
Survey hydrologic code. This locational
information supports the Watershed
Protection Approach, by providing
Federal and State environmental
managers with a means of locating
dischargers within the U.S. Soil
Conservation Service watershed
categorization system, a State's river
basin categorization system, and the
U.S. Geological Survey cataloging
scheme. Some States, as well as EPA
Regions, are implementing a basin
management approach to watershed
protection and will require the
information requested by this question.
Proposed § 122.21(j)(2)(iii) would
require information on the level of
treatment for discharges from each
outfall. The CWA requires POTWs, with
some exceptions, to treat influent to the
level of secondary treatment prior to
discharge. Secondary treatment is
defined at 40 CFR 133.102 in terms of
five-day biochemical oxygen demand
(BOD5), total suspended solids (SS or
TSS), and pH. Part 133 allows
adjustments to the secondary treatment
requirements for POTWs that meet
certain criteria. In addition, some
POTWs are subject to requirements for
"treatment equivalent to secondary
treatment," as described in § 133.105.
Finally, some POTWs may have more
advanced levels of treatment necessary,
for example, to meet water-quality based
standards for certain pollutants, such as
nitrogen and phosphorous.
This provision would require data on
design removal efficiencies for BOD5
and SS. Information on these parameters
is necessary in order for the permit
writer to set pollutant limits that
accurately reflect the pollutant removal
that the POTW can achieve. It may also
alert the permitting authority to the
need for improvements to the treatment
facility.
Proposed § 122.21(j)(2)(iii) would also
require information on disinfection,
which usually follows secondary or
advanced treatment and which destroys
bacteria, viruses, and other pathogens in
the wastewater. Disinfection most
commonly occurs through chlorination.
Many POTWs also dechlorinate their
effluent prior to discharge because
excessive free chlorine in a wastewater
discharge can cause aquatic toxicity in
the receiving water.
3. Effluent Monitoring for Specific
Parameters
The purpose of proposed § 122.21(j)
and proposed Form 2A is to provide the
permit writer with the minimum
information necessary to issue to a
POTW an NPDES permit that contains
effluent limitations consistent with the
goals of the CWA. EPA recognizes that
the quality of a POTW's effluent
depends on several factors, such as the
number and type of industrial users of
the POTW, and that not all POTWs need
to report the same information to ensure
developing NPDES permits to achieve
designated uses of the Nation's waters.
Hence, EPA proposes a tiered approach
to collect needed effluent monitoring
information.
The Agency proposes to require all
POTWs to report effluent monitoring
information for the 17 parameters listed
at proposed 40 CFR Part 122, Appendix
J, Table 1 ("Effluent Parameters For All
POTWs") (see also proposed Form 2A,
Basic Application Information, question
19). These parameters have a high
likelihood of being present in most
POTW effluents.
EPA is proposing to require additional
reporting of pollutant-specific data for
POTWs with a design flow greater than
or equal to 1.0 mgd; POTWs that have
or are required to have a pretreatment
program; and other POTWs required to
provide this information to the
permitting authority. In general, the
pollutants for which additional data
would be required are those for which
there are State water quality standards,
other than dioxin, asbestos, and
"priority pollutant" pesticides. Thus,
the Agency would require, at a
minimum, data on those pollutants
listed at proposed 40 CFR Part 122,
Appendix J, Table 2 ("Effluent
Parameters For Selected POTWs and
Treatment Works Treating Domestic
Sewage") (see also proposed Form 2A,
Part A, Supplemental Application
Information: Expanded Effluent
Testing). The Agency would not require
data, unless otherwise specified by the
permitting authority, on those
pollutants listed at proposed 40 CFR
Part 122, Appendix J, Table 3 ("Other
Parameters for Treatment Works
Treating Domestic Sewage And Selected
POTWs").
Proposed § 122.21(j)(3) would require
that data be separately provided for each
outfall through which treated sanitary
effluent is discharged to waters of the
United States. Further, EPA recognizes
that a POTW's effluent may have similar
qualities at more than one of its outfalls.
EPA thus proposes to allow applicants
to provide the effluent data from only
one outfall as representative of all such
outfalls, where two or more outfalls
with substantially identical effluents,
and with the approval of the permitting
authority on a case-by-case basis. For
outfalls to be considered substantially
identical, they should, at a minimum, be
located at the same plant, be subject to
the same level of treatment, and have
passed through the same types of
treatment processes. The Agency solicits
comment on this approach and,
particularly, on whether data should be
separately collected from all such
outfalls. Alternatively, should
applicants generally be encouraged to
follow this approach rather than
-------
62560 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
selectively approved on a case-by-case
basis?
EPA proposes that effluent and
monitoring data submitted to the
permitting authority meet the following
conditions:
1. Maximum Period of Sample
Collection: All data summarized in
response to these questions is proposed
to be collected within a 3-year period
preceding the permit application date.
2. Minimum Number of Daily Sample
Analyses: Results from a minimum of
three separate daily sample analyses
(pollutant scans) are proposed to
accommodate data needs for each
analyte on which information is
requested. Additional samples might be
required on a case-by-case basis.
3. Seasonal Considerations: For most
POTWs, EPA expects that the three, or
more, sets of results for daily sample
analyses summarized in response to
these information needs would
represent typical daily discharges
occurring during at least three different
calendar seasons. For most applicants,
EPA proposes to require that a
minimum of 4 months and a maximum
of 8 months separate at least one pair of
the daily sample analysis results
included in the summary. Applicants
unable to meet this time requirement
due to, for example, periodic,
discontinuous, or seasonal discharges
could obtain alternative guidance on
this requirement from their permitting
authority. Permitting authorities might
alter this requirement to address
considerations of specific POTWs.
4. Testing Methods: Sampling and
analysis is proposed to be conducted in
accordance with methods approved
under 40 CFR Part 136. Applicants
would be expected to use methods that
enable pollutants to be detected at levels
adequate to meet water quality-based
standards. Where no approved method
can detect a pollutant at the water
quality-based standards level,
applicants would be expected to use the
most sensitive approved method. If the
applicant believed that an alternative
method should be used (e.g., due to
matrix interference), the applicant
would need to obtain prior approval
from the permitting authority. If an
alternative method approved in
accordance with 40 CFR Part 136 is
specified in the existing permit, the
applicant would be expected to use that
method unless otherwise directed by the
permitting authority. When no approved
analytical method exists, an applicant
could use a suitable method and
provide a description of the method.
"Suitable method" means a method that
is sufficiently sensitive to measure as
close to the water quality-based
standard as possible. The permit writer
needs to know which testing methods
are used in order to assess the technical
validity of the results.
5. Daily Samples: For most POTWs,
sampling is proposed to be conducted
using composite samples mixed on a
flow-proportional basis over a 24-hour
period from at least eight sample
aliquots (100 ml minimum) collected
using an automated sample collection
device. The flow-proportional basis
would involve either varying the
intervals between the collection of equal
volume samples or varying the sample
volumes collected over equal interval
collection periods. The reason for using
automated samplers is that they are
designed to make the necessary
adjustments according to the rate of
flow.
For POTWs where automated sample
collection devices are not available, it is
proposed that appropriate daily
composite samples for analysis would
be produced by mixing at least four
sample aliquots (100 ml minimum),
each collected to represent typical
segments of the operating day effluent
flows.
Because pH, temperature, cyanide,
total phenols, residual chlorine, oil and
grease, and bacterial indicators cannot
be properly sampled by continuous
sampling devices, summarized results
for each daily analysis are proposed to
be based on individual analysis of a
minimum of four grab samples collected
to represent typical effluent flows over
the operating day. A grab sample has
100 ml minimum volume, collected
over 15 minutes or less.
For effluents from treatment ponds or
other impoundments that have retention
times of greater than 24 hours, single
grab samples (100 ml minimum
collected over 15 minutes or less) would
be considered adequate to represent
daily conditions for all analytes
reported.
6. Maximum Data Summarization
Requirements: EPA recognizes that not
all analytes are sampled and analyzed at
the same frequency for effluents from a
single POTW or across all POTWs. EPA
thus proposes that summarized results
for analytes should include all data
collected over the preceding three-year
period, ending the calendar quarter
preceding the permit application date
(providing, for example, a total of 3
annual samples or 12 quarterly samples
summarized per analyte, as well as any
other samples taken by the applicant).
For those analytes sampled and
analyzed at monthly or more frequent
intervals, EPA proposes that applicants
only summarize and report data
collected over a single one-year period
(e.g., providing a summary of 12
monthly samples, together with any
other samples taken during that period,
per analyte). The one-year period
included in this data summarization
interval would end the calendar quarter
preceding the permit application date.
Applicants would be required to
indicate for each analyte the number of
samples summarized and whether each
summary represents a one or three year
summarization period.
7. All Data Must Be Reported: For
each analyte, EPA proposes that all
samples conducted and analyzed in
accordance with 40 CFR Part 136 during
the reporting period be reported (i.e.,
included with all other data for the
period reported), regardless of whether
or not they were required by the
permitting authority or these proposed
regulations.
8. Data Must Be Summarized: For
each analyte, EPA proposes that
applicants report the maximum daily
discharge, expressed either as
concentration or mass, of all of the
samples reported. Applicants would
also report the average daily discharge,
expressed either .as concentration or
mass, of all the samples reported.
The Agency is considering requiring
applicants to report only concentration
numbers on the application or,
alternatively, requiring that applicants
who wish to report mass also provide
flow information used in calculating the
mass figures reported. Thus, applicants
would be required to report the flow
rate used in calculating the maximum
daily discharge and the average of all of
the flow rates used in calculating the
average daily discharge.
Some States may wish to have
individual pollutant data reports, rather
than summary data, from applicants,
either from all applicants or on a case-
by-case basis, in addition to or instead
of the summary data required by
proposed § 122.21(j)(3). States would be
encouraged to obtain this information in
the manner considered most suitable to
their needs.
9. Existing Data May Be Reported:
Where the applicant has existing data
for a given pollutant, and where such
data meet the conditions described
above, EPA proposes to allow the use of
such data in lieu of data collected solely
for the purpose of the permit
application. If, for example, the
applicant were to have pollutant data
from two samples, only one more
sample would be needed to meet the
minimum requirement of three samples,
assuming that other conditions were
met. Also, where such data have
previously been reported to the
permitting authority, the permitting
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62561
authority could waive such
requirements as having been satisfied.
The Agency proposes the above
conditions in an effort to be clear about
the nature of what needs to be reported.
Accordingly, the Agency solicits
comment on whether these conditions
are sufficiently clear, on the one hand,
or whether they are overly restrictive,
on the other.
The Agency also solicits comment on
each of the particular conditions
described above. The Agency is
particularly interested in comment on
two of these conditions: whether three
pollutant scans is the appropriate
number to require; and whether the
three-year requirement for reporting test
data should be waived, as proposed,
where sampling for pollutants is done
on a monthly basis.
The analytical data proposed to be
reported would result from a variety of
analytical methods, with detection
limits ranging from less than 1 ppb to
more than 10 ppb. The toxic analytes
that are of most concern at low
concentrations are primarily analyzed
by gas chromatography (GC), gas
chromatography/mass spectrometry
(GC/MS), inductively coupled plasma
emission spectrometry (ICP), and atomic
absorption spectrometry (AA), and high
resolution capillary column gas
chromatography/high resolution mass
spectrometry (HRGC/HRMS). These
methods have different numeric
analytical endpoints, based upon
detection (e.g., method detection limit)
or quantification (e.g., minimum level)
levels. In addition, the wide latitude of
data reporting definitions and
conventions in use in various regulatory
programs complicates the generation
and interpretation of analytical data
reported with this proposal.
In order for permit writers to develop
appropriate permit requirements, they
must be able to establish whether a
pollutant is present and whether a
reasonable potential for environmental
impairment exists, as defined by water
quality standards and criteria. To
properly make such determinations,
permit writers require more complete
data and documentation than has been
previously supplied with the
application form, because any ambiguity
increases the likelihood that the permit
writer will need to include in the permit
limits that are near or below 10 ppb or,
alternatively, additional monitoring
requirements for those pollutants for
which the data are ambiguous.
Thus, it is in the best interests of both
the applicant and the permitting
authority that the proposed rule would
require that the method detection limit
(MDL), minimum level (ML), or other
designated method endpoint, together
with identification of the corresponding
analytical methods used be stated in the
permit application. Along with this
information, the proposal would require
applicants to submit pollutant data
based upon actual sample values. In
other words, even where test values are
below the detection or quantification
level of the method used, the actual data
value should be reported, rather than
reporting "non-detect" ("ND") or "zero"
("0") in such instances. If the endpoint
of the method used is reported along
with the actual sample results, the
permitting authority will be able to
determine if the data is in the "non-
detect" range or "below quantification"
range.
The Agency has provided guidance to
the applicant in the proposed Form 2A
instructions in order to minimize the
conditions that lead to inaccurate
sampling data. The Agency proposes
that the permit applicant: (1) alert its
laboratory to the analytical and
detection limit requirements and the
expectations for documentation; and (2)
report the necessary documentation to
ensure that the permit writer is fully
informed as to the methods used and
the results obtained. For more detailed
information concerning analytical issues
(acceptable methods, effluent-specific
detection limits, and documentation of
data and analytical problems),
applicants should refer to the
"Guidance on Evaluation, Resolution,
and Documentation of Analytical
Problems Associated with Compliance
Monitoring", EPA 821-B-93-001, June
1993.
a. Pollutant Data Reporting
Requirements for All POTWs
EPA has identified certain pollutants
that are commonly found in POTW
effluents, regardless of size, and for
which permit limits may be necessary to
prevent adverse effects on receiving
waters. Proposed § 122.21(j)(3) would
require each applicant, regardless of
size, to provide monitoring information
for the pollutants listed in proposed
Appendix J, Table 1. These include the
conventional pollutants (defined, at 40
CFR 401.16, as biochemical oxygen
demand, total suspended solids, pH,
fecal coliform, and oil and grease), as
well as other parameters that are
common to domestic wastestreams,
such as ammonia (and other nitrogen
compounds), and compounds of other
origin, such as chlorine (which is used
for disinfection during the treatment
process).
The complete list is, as follows:
Flow
Temperature
Bacterial indicators (E. coli, Enterococci,
Fecal coliform)
5-day biochemical oxygen demand
(BOD5 or CBOD5)
Chlorine (total residual, TRC)
Kjeldahl nitrogen (total organic as N)
Oil and Grease
Total dissolved solids
Total suspended solids
pH
Phosphorus (PO4-P)
Dissolved oxygen
Hardness (as CaCO3)
Ammonia (as N)
Nitrate + Nitrite (as N)
The secondary treatment regulations
at 40 CFR Part 133 describe the
minimum level of effluent quality that
must be attained in terms of BOD5 (or
CBOD5), TSS, and pH, and specify
technology-based criteria for each
parameter. Control of BOD5 (or CBOD5)
is necessary to ensure sufficient
dissolved oxygen in the receiving water
to protect aquatic life; BOD5 (or CBOD5)
is also a key parameter in biological
treatment systems. Extremely high
levels of suspended solids in the
POTW's influent can interfere with
POTW operations. High TSS levels in
the effluent also block light in the
receiving water and inhibit
photosynthesis. Permit writers use
information for these, as well as all
other parameters listed above, to set
appropriate water quality-based limits
for permit applicants. In instances
where POTWs have been allowed to
substitute chemical oxygen demand
(COD) or total organic carbon (TOC) for
BOD5, in accordance with 40 CFR
133.104, applicants would report the
substituted parameter.
EPA has determined that enterococci
and E. coli are better biological indicator
organisms than fecal coliform. From
1973 through 1982, the Agency studied
marine and freshwater bathing beaches.
These studies reveal strong correlations
between instances of gastrointestinal
illness and concentrations of certain
indicator organisms at these beaches.
That is, in both fresh and marine waters,
enterococci and E. coli were strongly
correlated with gastroenteritis. (For
more information on this study, see
"Ambient Water Quality Criteria for
Bacteria—1986," EPA440/5-84-002,
January 1986.)
Because high numbers of these
organisms in receiving water indicate an
increased potential for human
gastrointestinal illness following
swimming or ingestion, and because
both enterococci and E. coli are
contained in all domestic sewage,
indicating the potential for
gastrointestinal illness, EPA is
-------
62562 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / PropqapdRulM
proposing to require all POTWs to test
for these biological indicator organisms
in their discharged effluents. The
Agency is also proposing, however, to
allow the use of fecal coliform as the
biological indicator for those applicants
where the applicable permitting
authorities have not yet switched to
monitoring requirements for enterococci
and E. coli. EPA solicits comments on
allowing the use of fecal coliform in
cases where permitting authorities have
not switched from using fecal coliform
as the pathogen indicator. The Agency
also solicits comment as to whether
testing for enterococci and E. coli
should be required at all before the
Agency has developed approved test
methods for these parameters.
The Agency proposes that all POTWs
report chlorine and ammonia levels.
EPA's experience with toxicity
identification evaluations (TIEs) at
many POTWs indicate that chlorine and
ammonia frequently cause effluent
toxicity. Additional studies also reveal
frequent adverse effects by these
compounds within receiving waters.
Therefore, at POTWs that chlorinate
their wastewaters without subsequent
dechlorination prior to discharge,
chlorine may be present in
concentrations sufficient to cause
toxicity in receiving waters. Ammonia,
which is common in nearly all sanitary
sewage, is highly toxic to aquatic life in
its un-ionized form. The ratio of the
relatively toxic un-ionized ammonia
form (NH3) compared with the
considerably less toxic ionized
ammonium form (NH4+) is dependent
on pH and temperature.
Chlorine and ammonia are listed in
many State water quality standards, and
"The Quality Criteria for Water 1986"
(EPA 440/5-86-001, also known as the
"Gold Book") lists criteria for both
pollutants. Chlorine and ammonia can
react to form chloramines, which can be
toxic, and are more persistent in the
aquatic environment than elemental
chlorine. In estuaries or ocean water,
bromamines can also form. Analytical
methods recommended for the
quantification of total residual chlorine
(TRC) also indicate the presence of
chloramines and bromamines. If a
disinfectant other than chlorine is used,
the permitting authority has the
discretion to require additional data for
that disinfectant. If alternative
disinfection technologies are used, the
applicant must submit a description of
the alternate process.
Depending on the type of treatment
provided, different sampling regimes
may be appropriately required. For
example, POTWs that do not use
chlorination for disinfection, and do not
otherwise use chlorine in their
treatment processes, perhaps should not
be required to sample for chlorine. The
Agency solicits comment on whether to
waive chlorine data from such POTWs.
EPA criteria for nitrate, nitrite, and
phosphorus are published in The Gold
Book. Because these parameters are
prevalent in most POTW effluents and
because of their impacts on receiving
waters, EPA is proposing to require all
applicants to test for them. Nitrogen and
phosphorus are often limiting nutrients
in marine and fresh water systems,
respectively. Excessive loadings of
nitrogen (discharged as ammonia
(including ammonium), nitrate, nitrite,
and organic nitrogen) and phosphorus
(discharged as phosphate) can stimulate
algae growth, interfering with shoreline
aesthetics and recreational uses. In
addition, decaying algae can reduce
dissolved oxygen concentrations, thus
impairing the aquatic environment. At
concentrations not typically
encountered in surface waters, nitrate is
toxic to fish.
Today, EPA proposes monitoring and
reporting requirements for total nitrate
plus nitrite, Kjeldahl nitrogen, and total
phosphate. EPA is proposing to request
the reporting of nitrate plus nitrite,
combined rather than separately,
because the chemical equilibrium
between the two forms can change
rapidly when chemical conditions in
effluents and receiving waters differ.
Such differences can cause
concentration ratios between these two
nitrogen oxide forms to change rapidly
shortly after effluents enter receiving
waters. Thus, separately knowing the
effluent concentrations of nitrate and
nitrite often bears little significance to
their likely concentrations shortly after
discharge into receiving waters.
Kjeldahl nitrogen concentrations (a
measure of organic nitrogen
concentrations) are requested to allow
permit writers to evaluate the total
concentration and total mass of nitrogen
discharged, determined by summing
concentrations of discharged ammonia,
nitrate plus nitrite, and Kjeldahl
nitrogen, when all are reported in
equivalent nitrogen concentrations
(NH3-N and NO2+NO3-N). Phosphate
is to be reported in equivalent
phosphorus concentrations (PO4-P).
Concentrations of elemental phosphorus
in most effluents occur at less than
potentially toxic levels; consequently,
no reporting requirements are proposed
for elemental phosphorus.
The Gold Book also provides criteria
values on concentrations of oil and
grease. Concentrations of oil and grease
sufficient to create a sheen on the
receiving water not only affect aesthetic
qualities of these Caters, but may also
reduce the re-aeration rate of the
receiving waters, potentially
contributing to dissolved oxygen sag
problems. Oil and grease may also
indicate the presence of other high-
molecular-weight organic pollutants of
concern, because they are often
discharged with or act as a sink for such
pollutants. Finally, oil and grease
interfere with POTW operations.
Therefore, today's proposal includes
monitoring and reporting requirements
regarding concentrations of oil and
grease.
Standard Form A currently requires
applicants to test for most of the
parameters discussed above. Today EPA
is proposing to delete reporting
requirements for the following
parameters, which are currently
included on the list for which sampling
is required on Standard Form A:
Chemical Oxygen Demand
Fecal Streptococci
Settleable matter
Total Coliform Bacteria
Total Organic Carbon
Total Solids
EPA is proposing to delete chemical
oxygen demand (COD) and total organic
carbon (TOG) because biochemical
oxygen demand (BOD5 or CBOD5) is
generally more relevant to municipal
treatment systems. EPA is proposing to
delete settleable matter and total solids
because there is considerable overlap
between these parameters and total
suspended solids and total dissolved
solids. The Agency believes that the two
selected parameters provide sufficient
information to permit writers. Finally,
the Agency proposes to drop reporting
requirements for fecal streptococci and
total coliform bacteria because the
Agency believes that the selected
pathogens (E. coli, enterococci, and fecal
coliform) are better indicators for risk.
The Agency requests comments on its
proposal to delete the above Standard
Form A parameters from the proposed
application requirements.
In addition to the parameters
discussed above, Standard Form A
requires that POTWs indicate the
presence of (but not provide
quantitative data for) certain pollutants,
if known. Such pollutants include
metals, as well as other toxic and non-
conventional pollutants. The Agency is
proposing to require that some POTWs
sample and report on certain toxic
(priority) pollutants, as described in the
discussion, "Reporting of Additional
Pollutants for Some POTWs" (at
III.B.3.b). The Agency is proposing,
however, not to include POTW
reporting requirements for the following
pollutants listed on Standard Form A:
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62563
Bromide
Chloride
Fluoride
Sulfide
Aluminum
Barium
Boron
Cobalt
Iron
Manganese
Titanium
Tin
Algicides
Chlorinated Organic Compounds
Pesticides
Surfactants
Radioactivity
A number of these parameters
(including bromide, chloride, boron,
cobalt, iron, manganese, titanium, and
tin) are proposed for deletion because
they are relatively less toxic than
priority pollutants for which the Agency
is proposing to require testing (see,
"Reporting of Additional Pollutants for
Some POTWs" (at III.B.3.b)); and the
levels of these pollutants in most
municipal discharges are low. EPA is
proposing to delete algicides, pesticides,
and chlorinated organic compounds
because the Agency does not believe it
is relevant to ask for information about
these contaminants at this level of
generality.
EPA considered, but does not include
as part of today's proposal, requirements
that all applicants test and report on
sulfide and sulfate concentrations in
effluents. Sulfide is of concern because
the anaerobic decomposition of sewage
and other naturally deposited organic
material is a major source of hydrogen
sulfide. EPA considered proposing
monitoring requirements for sulfate
because high sulfate concentrations,
which are caused by sewer corrosion,
are converted anaerobically to hydrogen
sulfide. Hydrogen sulfide is toxic to
aquatic life; it also biologically
reoxidizes on sewer walls that are
exposed to air, forming sulfuric acid
that corrodes the concrete of the sewer
channels. It was considered that, based
on this monitoring information, the
permit writer could set permit limits for
sulfide and sulfate or to require
appropriate best management practices.
These monitoring requirements,
however, were not included as part of
today's proposed requirements because
of the view that sulfide is rapidly
converted to sulfate in aerobic waters,
which rapidly dissipates its toxic risk.
In most instances, maintaining
monitoring requirements and permit
limits for dissolved oxygen to maintain
attainable uses of receiving waters will
adequately safeguard receiving waters
from toxic risks due to sulfide or sulfate
potentially contained in effluents.
Regarding corrosivity within the sewer
system, the Agency believes that, in
general, the POTW is in a better position
than the permit writer to address such
concerns. Special considerations may
lead to the requirement that some
applicants submit analytical results for
these chemicals, as determined on case-
by-case basis. EPA invites comment on
these conclusions.
The Agency also considered testing
for surfactants, but is not proposing to
require such testing as part of this rule
because: most POTWs do not discharge
surfactants at toxic levels; the Agency
has not developed water quality criteria
for surfactants; and sources are difficult
to control. In cases where surfactants in
municipal wastestreams occur at toxic
levels, the Agency believes that whole
effluent toxicity (WET) testing should
reveal any toxicity arising from
surfactants. EPA invites comment on
this approach.
The Agency also considered including
monitoring requirements for three
additional nonconventional pollutants:
aluminum, barium, and fluoride;
because of their regular appearance in
analytical results from the numerous
pollutant scans reviewed during
preparation of the proposed rule and
because published criteria exist for
these three conventional pollutants. But
such requirements have not been
included on the proposed rule for the
following reasons:
(1) Toxicity problems related to
excess aluminum concentrations,
especially for aquatic organisms, occur
primarily in acidic receiving waters
(most often in waters with pH less than
6.0) having low hardness levels (i.e.,
concentrations of calcium less than 2.0
mg/1). The majority of effluent water
analyses reviewed did not contain
sufficient aluminum concentrations to
likely impair beneficial uses of receiving
waters;
(2) Although barium regularly
appeared in the pollutant scans of
effluents reviewed by EPA, the
concentrations reported in all samples
remained below the 1.0 mg/1 Gold Book
criterion value for barium in domestic
water supplies; and
(3) According to the 1972 "Blue
Book", potentially adverse physiological
effects due to excess fluoride
concentrations increase with increasing
environmental temperatures.
Consequently, recommended criteria for
fluoride range from 1.4 to 2.4 mg/1 for
average annual air temperatures of 50 to
91°F. Concentrations for the majority of
reported results from the many
pollutant analyses reviewed by EPA
revealed that although fluoride was a
regular constituent of effluents, in the
majority of the instances it occurred at
concentrations less than suggested Blue
Book criteria.
At this time, based on information
currently available to EPA,
concentrations of aluminum, barium,
and fluoride in the majority of effluents
are generally less than those necessary
to produce significant risk for beneficial
uses of receiving water. As such, EPA
concludes at this time that it is
unwarranted to require all dischargers
to monitor for these chemicals as part of
the municipal application process.
Individual permit writers can,
nevertheless, require analysis of any or
all of these chemicals, wherever
treatment works or environmental
considerations suggest that such
requirements are warranted. Further,
EPA intends to continually review this
conclusion as more effluent monitoring
results become available, and continues
to seek informed input from outside
EPA on this decision.
b. Reporting of Additional Pollutants for
Some POTWs
As discussed above, the Agency
proposes to require all POTWs to report
information on pollutant parameters
commonly associated with POTW
effluents. Proposed § 122.21(j)(3) (see
also, proposed Part A in the
Supplemental Application Information
part of Form 2 A) requires the reporting
of additional parameters listed in
proposed Appendix J, Table 2, by those
POTWs that the Agency believes are
most likely to discharge toxic pollutants
to receiving waters. Toxic pollutants
may interfere with POTW performance
or pass through the POTW to receiving
waters, thus potentially causing adverse
water quality impacts.
Certain POTWs discharge toxic
organic and inorganic pollutants
primarily as a result of contributions
from non-domestic sources. Section
122.21(j)(3)(iii) of today's proposal
requires the applicant to submit
monitoring data for the pollutants listed
in proposed Appendix J, Table 2, if the
POTW meets any one of the following
criteria: (1) The POTW has a design flow
rate equal to or greater than 1.0 mgd; (2)
the POTW has a pretreatment program
or is required to have one under 40 CFR
Part 403; or (3) the POTW is otherwise
required to submit this data by the
permitting authority.
POTWs with a design flow equal to or
greater than 1.0 mgd are designated as
"major" POTWs by the Agency. EPA
estimates that roughly 25 percent of the
approximately 16,000 POTWs
nationwide have design flows of at least
-------
62564 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
1.0 mgd. The Agency has found that
major POTWs have a high potential to
discharge toxic pollutants because of the
strong likelihood that they receive
industrial wastewaters and because of
the large number of substances entering
the treatment works from various
sources. Therefore, the Agency believes
that it is necessary to collect toxic
pollutant data from these POTWs.
EPA also proposes to require data on
toxic pollutants from POTWs that are
required to develop pretreatment
programs under 40 CFR Part 403. A
POTW is required to develop a
pretreatment program if it receives
discharges from significant industrial
users that may interfere with the POTW
or pass through the treatment works.
Approximately ten percent
(approximately 1,500) of all POTWs
have or are required to develop
pretreatment programs. Most POTWs
with pretreatment programs are also
major POTWs, and so this criterion only
slightly expands the requirements of
this provision.
In addition to POTWs with design
flows greater than or equal to 1.0 mgd
and POTWs with pretreatment
programs, EPA is proposing to allow the
permitting authority to require any other
POTW to submit monitoring data for
some or all of the pollutants listed in
proposed Appendix J, Table 2. The
Agency would recommend that the
permitting authority require an
applicant to perform a complete or
partial pollutant scan if toxicity is
known or suspected in a POTW's
effluent. Alternatively, if the facility's
effluent causes adverse water quality
effects, or if the POTW discharges to an
impaired receiving water, the permit
writer could require the applicant to
provide analytical results from a
complete pollutant scan.
The permit writer could also require
the applicant to test for these parameters
depending on the number or kinds of
industrial users. EPA is proposing to
grant the permit writer such discretion
because smaller POTWs that receive
industrial contributions also have the
potential to discharge toxic pollutants.
Although a POTW with a design flow
less than 1.0 mgd may not have as great
a volume of toxic pollutants entering its
treatment system as a larger POTW, the
impact of its industrial users could
easily be more pronounced due to other
considerations, such as smaller
treatment capacity or an effluent-
dominated receiving stream. Testing for
toxic pollutants would provide the
information needed to write a protective
permit for such a POTW.
The Agency solicits comments on the
above criteria for determining which
POTWs must test effluent for the
pollutants in proposed Appendix J,
Table 2. The Agency also solicits
comment on whether other POTWs
should be required to sample for some
or all of these pollutants. Alternatively,
the Agency solicits comment as to
whether other POTWs should be
required to provide any existing data on
these pollutants. Such data would be
important information in conducting
watershed assessments.
The proposed approach for
determining which POTWs must submit
data on toxic pollutants is not the only
approach being considered by the
Agency. Among the alternatives being
considered is one that would expand
upon the approach described above, and
require toxics data from two groups of
non-pretreatment minors, each of which
includes about half of all minor POTWs.
In this approach, POTWs with a
population between 1,000 and 10,000
(and not otherwise required to report as
described above) would be required to
provide a single pollutant scan for the
Metals, Cyanide, and Total Phenols and
the Volatile Organics groups in
proposed Appendix J, Table 2. POTWs
with a population of less than 1,000
(and not otherwise required to report as
described above) would be required to
provide a single scan for certain metals
(i.e., cadmium, chromium, copper, lead,
nickel, zinc, silver, and mercury). The
Agency specifically solicits comment on
this alternative approach. Commenters
are requested to address the suggested
cutoff points for different levels of
reporting, the pollutants for which
reporting is suggested, and the number
of samples that should be required.
EPA proposes that POTWs meeting
the three criteria enumerated above
monitor for the pollutants in proposed
Appendix J, Table 2, and any other
pollutants for which there are
established State water quality
standards. Proposed Table 2 is a subset
of the priority pollutants list previously
described. As discussed in the
background discussion of this preamble,
these pollutants are regulated under the
CWA and have been identified by
Congress and/or EPA as potential
threats to human health or aquatic life.
Proposed Table 2 also includes total
phenols, a parameter commonly used as
an indicator pollutant for certain
priority pollutants. Also as discussed,
EPA and most States have developed
numeric criteria and standards for most
of these pollutants.
Proposed Appendix J, Table 2
represents pollutants that have been
identified in priority pollutant scans of
effluent from POTWs. Permit writers
will be able to use data on these
pollutants as a basis to derive
appropriate permit limits.
The Agency is proposing to not
require pollutant data for certain
priority pollutants (i.e., dioxin, asbestos,
and priority pollutant pesticides).
Available information on the occurrence
of asbestos, dioxin, and priority
pollutant pesticides reveals that these
pollutants rarely occur at detectable
levels in POTW effluents. Absent
information to the contrary, the Agency
does not consider asbestos to be a
pollutant of concern in municipal
wastewater effluents. Dioxin, while
nearly ubiquitous, is present in such
minute amounts in those industrial
outfalls where it is known to be present
in relatively high concentrations, that
the Agency does not believe that, in
general, it is appropriate to require
POTWs to monitor for the pollutant at
the POTW outfall, due to the high level
of dilution in municipal wastestreams.
Permitting authorities may wish to
require such monitoring on a case-by-
case basis if there is reason to believe
that dioxin may be present in
measurable amounts. To the extent that
priority pollutant pesticides, including,
for example, DDT and PCBs, appear in
municipal wastestreams, the Agency
believes that their presence is due, for
the most part, to background
concentrations, rather than to new
introductions by discharges to the
POTW. Where these pesticides result in
toxicity problems or where other
conditions merit, the Agency believes
that permitting authorities should
require sampling for them on a case-by-
case basis. In the alternative, the Agency
is considering adding pesticides to the
list of required pollutants in proposed
Appendix J, Table 2. The Agency
solicits comment on whether routine
monitoring and screening should be
required for pesticides from all POTWs
meeting the criteria of proposed
§ 122.21(j)(3)(iii) or whether the
proposed approach is the appropriate
one.
EPA also solicits comment on
alternative ways to collect information
in permit application about pollutants
that occur in low levels, such as dioxin,
or that otherwise present water quality
concerns even in highly dilute effluent.
As discussed previously, the proposal
would require information about
significant industrial users from certain
POTWs so the permit writer should
have sufficient knowledge about the
potential for pass through of such
pollutants. The Agency is interested in
commenters' views on the adequacy of
SIU identification for the purposes of
developing adequate POTW permit
limitations. Proposed §122.21(j)(3)
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62565
would also require that POTWs meeting
the above criteria monitor for pollutants
not listed in proposed Appendix J,
Table 2, for which the State or EPA have
established State water quality
standards (see discussion in Background
section of this preamble). A number of
States have established water quality
standards for pollutants not listed as
CWA sec. 307(a) priority pollutants. For
the reasons stated in the above
paragraph, the Agency believes that it is
appropriate to require sampling for
these pollutants, as well.
In addition, EPA considered, but is
not proposing, requiring applicants to
monitor for other pollutants, such as
those on the "Gold Book" list of Federal
Water Quality criteria, those regulated
under the Safe Drinking Water Act, or
those on data bases such as the Toxics
Release Inventory System (TRIS), the
Aquatic Toxicity Information Retrieval
data base (AQUIRE), and the Integrated
Risk Information System (IRIS). The
Agency determined that adding these
other pollutants to the list of pollutants
proposed would impose additional
monitoring and reporting requirements
on the applicant, at substantial
additional cost, but without significant
benefit. Additionally, not all pollutants
on these lists have been assigned
numeric criteria. Moreover, available
information reviewed by EPA does not
indicate that these chemicals occur with
either sufficient frequency or at high
enough concentrations in typical POTW
effluents to support their inclusion
among pollutants for which monitoring
is proposed to be uniformly required.
Under today's proposal, in proposed
122.21(j)(3)(v), permit writers would
have the option to require monitoring
and reporting for any other potentially
toxic chemicals for which the authority
has a reasonable basis to suspect that
such materials may be contained in
POTW effluents. Such basis could
include the presence of industrial users
known to release chemicals not
included among the pollutants for
which routine analyses are otherwise
required. EPA invites comments on all
aspects of this proposal that would
allow for case-by-case information
requests that might otherwise extend the
time involved in streamlined permit
issuance procedures.
In addition, EPA solicits comment on
whether to require applicants to
summarize and report, as part of the
application process, analytical results
for any toxic pollutant determined
during the three-year period preceding
the application to be a known or likely
constituent of the facility's discharge.
That is, when an applicant has reason
to know or suspect the presence of other
toxic constituents in their effluents, its
reporting requirements would not
necessarily be limited either to the
general list of toxic pollutants provided
by proposed Appendix J, Tables 1 and
2, or to specific monitoring
requirements placed on the applicant by
the permitting authority. EPA considers
results from toxic release inventory
(TRI) as providing one likely basis for
information that could cause applicants
to initiate additional effluent monitoring
analyses during the application process.
Finally, the Agency is interested in
providing flexibility where POTWs can
demonstrate that the risk of occurrence
of pollutants in the discharge is
sufficiently small. The Agency seeks
comment on whether POTWs could be
exempted from providing information
on specific pollutants where there are
statistically valid data to allow the
permitting authority to predict the
absence of particular pollutants. In
addition, EPA solicits comments on the
appropriateness of exempting POTWs
from providing information about
certain contaminants which are
detectable in only a small fraction of
POTWs (e.g., less commonly occurring
metals such as antimony) and which
would not be expected to occur based
on other data about the POTW or the
indirect discharge.
Other approaches to collecting
pollutant data were considered for
proposal. EPA solicits comment on each
of these, as follows:
A. Types of Industrial Contributors
This approach would have required
monitoring for specific pollutants,
depending on the identity of industrial
users discharging to the POTW.
Although this approach was supported
by a number of commenters in the
course of our outreach efforts, it
appeared to be too difficult to
implement for non-pretreatment
POTWs. Non-pretreatment POTWs are
not required to do user inventories of,
for example, all categorical industries,
and thus would probably be unaware of
what monitoring data to provide. On the
other hand, pretreatment POTWs would
be required to provide entire priority
pollutant scans if they had only 2-3
different types of industries. The
Agency solicits comment on how,
specifically, such an approach would
work and how it would benefit
applicants and provide permit writers
with appropriate information.
B. TRI as a Basis for Determining
Additional Pollutants for Sampling
It was suggested that we use TRI data
to determine what additional pollutants
for which to require sampling. Although
industrial user TRI reports are not
currently provided to POTWs by TRI-
reporting industries, such reporting
could be required, for example, through
the pretreatment program. Of course,
permit writers may always request TRI
data from EPA. At issue is whether the
applicant should be required to provide
additional monitoring data for
pollutants reported through TRI. The
Agency solicits comment as to whether
this approach might be feasible and
whether it would provide useful
information to the permit writer that is
not otherwise available.
C. Existing Pollutant Data from SIUs
In order to obtain information on
pollutants that occur in POTW
discharges in low concentrations,
permit writers could make use of
information provided to POTWs by SIUs
during the term of the existing permit.
The Agency solicits comment on this
approach, and is particularly interested
in whether such information could be
provided in lieu of requiring end-of-
pipe effluent data for certain pollutants
(e.g., dioxin, pesticides, or other organic
chemicals received principally from
industrial sources).
D. Ambient Data
Another issue considered was
whether or not to require POTWs to
provide the results of ambient
monitoring as part of the permit
application. Although some have
suggested that this information would
be helpful for implementation of the
watershed approach, States were
generally opposed to requiring POTWs
to collect ambient data. The view was
expressed that it is the permitting
authority's responsibility to collect this
information, and not the POTW's
responsibility to provide it.
Nevertheless, the Agency is interested
in soliciting comment as to whether
such data should be required.
E. Bioaccumulation Data
Although analytical methods to assess
bioaccumulation in the aquatic biota are
available, they are costly compared to
approved test methods for pollutants in
effluent. Since WET tests are an indirect
indicator for human health risks, the
Agency is not proposing to require
bioaccumulation data from POTWs.
However, such data are directly relevant
to human health risk considerations.
Therefore, the Agency solicits comment
on whether to require bioaccumulation
data. Because of cost considerations, the
Agency also solicits comment as to what
tradeoffs, in terms of other types of
reporting, might make such an approach
acceptable.
-------
62566
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
4. Effluent Monitoring For Whole
Effluent Toxicity
As discussed in the background
section, the July 24,1990, amendments
to the General Pretreatment Regulations
require that certain POTWs provide the
results of whole effluent biological
toxicity testing as part of their NPDES
permit application (40 CFR 122.21(j)
(l)-{3)). Such testing was required to
have been conducted since the last
NPDES permit reissuance or permit
modification, under 40 CFR 122.62(a),
whichever occurred later.
In today's proposed rule, EPA
proposes to revise this provision.
Proposed § 122.21(j)(4) sets forth these
revised requirements. First, all POTWs
are required to identify any biological
tests the applicant believes to have been
conducted within three years of the date
of application.
Second, as in the existing regulation,
the following POTWs would be required
to conduct and provide the results of
whole effluent biological toxicity (WET)
tests:
(A) All POTWs with design influent
equal to or greater than one million
gallons per day;
(B) AH POTWs with approved
pretreatment programs or POTWs
required to develop a pretreatment
program;
(C) Other POTWs, as required by the
Director, based upon consideration of
the following factors:
(1) The variability of the pollutants or
pollutant parameters in the POTW
effluent (based on chemical-specific
information, the type of treatment
facility, and types of industrial
contributors);
(2) The dilution of the effluent in the
receiving water (ratio of effluent flow to
receiving stream flow);
(3) Existing controls on point or non-
point sources, including total maximum
daily load calculations for the water
body segment and the relative
contribution of the POTW;
(4) Receiving stream characteristics,
including possible or known water
quality impairment, and whether the
POTW discharges to a coastal water, one
of the Great Lakes, or a water designated
as an outstanding natural resource; or
(5) Other considerations (including
but not limited to the history of toxic
impact and compliance problems at the
POTW), which the Director determines
could cause or contribute to adverse
water quality impacts.
The Agency specifically solicits
comment on whether the requirement to
conduct WET testing should be
extended to other POTWs. The Agency
is considering several options,
including:
(1) requiring all minor POTWs not
covered under the above criteria to
submit the results of a minimum of one
WET test, so as to allow the permitting
authority to scan for minor POTWs that
may have toxicity problems; and
(2) where a State has identified a
watershed as a priority watershed,
requiring one or more WET tests for all
POTWs discharging to the watershed.
Third, the Agency proposes to require
WET tests for each outfall from the
treatment works (not including CSOs),
with exceptions for identical outfalls
similar to those proposed for pollutant
specific data, as discussed above.
Proposed § 122.21(j)(4) would require
that data be separately provided for each
outfall through which treated sanitary
effluent is discharged to waters of the
United States. EPA proposes to allow
the applicant, where the POTW has two
or more outfalls with substantially
identical effluents discharging to the
same receiving stream, and with the
approval of the permitting authority on
a case-by-case basis, to provide the
results of WET testing from only one
outfall as representative of all such
outfalls. For outfalls to be considered
substantially identical, they should at a
minimum be located at the same
treatment plant, be subject to the same
level of treatment and have passed
through the same types of treatment
processes. The Agency solicits comment
on this approach and, particularly, on
whether WET test data should be
separately collected from all such
outfalls.
The existing WET testing
requirements do not specify the number
or frequency of tests required, the
number of species to be used, or
whether to provide the results of acute
or chronic toxicity tests. Proposed
§ 122.21(j)(4) sets minimum reporting
requirements of four quarterly tests for
a year, using multiple species (no less
than two species, e.g., fish, invertebrate,
plant), and testing for acute or chronic
toxicity, depending on the range of
receiving water dilution. This proposal
is based in part on Agency guidance,
and in part on Agency experience in the
implementation of that guidance.
In March 1991, EPA issued guidance
establishing Agency policy for WET
testing protocols (see "Technical
Support Document for Water Quality-
Based Toxics Control (1991)," or
"TSD"). In that document, the Agency
recommended "as a minimum that three
species (for example, a vertebrate, an
invertebrate, and a plant) be tested
quarterly for a minimum of a year" (see,
TSD p. 58). In making this
recommendation, the Agency explained
that the use of three species is more
protective than two species since a
wider range of species sensitivity can be
measured. In practice, however, a
number of permitting authorities are
only requiring the use of two species.
Since existing requirements for using
three species are less common, the
Agency proposes to require the use of
"multiple species." The Agency
proposes this as a minimum
requirement, and does not intend it as
a change in the policy recommendations
outlined in the TSD.
In setting a minimum frequency of
quarterly testing for a year, the Agency
indicated that this was recommended to
adequately assess the variability of
toxicity observed in effluents, as
follows:
Below this minimum, the chances of
missing toxic events increase. The toxicity
test result for the most sensitive of the tested
species is considered to be the measured
toxicity for a particular effluent sample.
The data generation recommendations
* * * represent minimum testing
requirements. Since uncertainty regarding
whether or not an effluent causes toxic
impact is reduced with more data, EPA
recommends that this test frequency be
increased where necessary to adequately
assess effluent variability. If less frequent
testing is required in the permit, it is
preferable to use three species tested less
frequently than to test the effluent more
frequently with only a single species whose
sensitivity to the effluent is not well
characterized. (TSD, p. 59)
It is the Agency's understanding that
many permitting authorities currently
require quarterly testing. While other
permitting authorities require less
frequent monitoring, at least from some
facilities, in many instances such
information is being collected on a
yearly basis. This proposal would only
require one cycle of quarterly testing
within three years of the date of the
permit application (i.e., only once in
five years). The Agency solicits
comment on whether this is an
appropriate frequency, and specifically
whether permitting authorities should
be allowed to waive quarterly testing on
a case-by-case basis. Commenters
should indicate what specific criteria
would have to be met for such a waiver.
The current whole effluent toxicity
testing requirements, at § 122.21(j), do
not specify whether applicants should
test for acute or chronic toxicity. An
acute toxicity test is defined as a test of
96-hours or less in duration in which
lethality (of the test organism) is the
measured endpoint. A chronic toxicity
test is defined as a long-term test in
which sublethal effects, such as
fertilization, growth, and reproduction,
are usually measured, in addition to
lethality. (TSD, p.4.)
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62567
The Agency proposes that testing for
acute or chronic toxicity be based upon
the ratio of receiving water to effluent at
the edge of the mixing zone. The term
"mixing zone" refers to an area around
an outfall within which a State may
allow ambient concentrations above
water quality criteria levels. States may
have two or more mixing zones (e.g., an
acute mixing zone, beyond which acute
criteria must be met, and a chronic
mixing zone, beyond which chronic
criteria must be met). Not all States
allow calculation of effluent limitations
using mixing zones, and mixing zones
are not universally allowed by States
that do allow use of mixing zones. For
purposes of determining whether acute
or chronic toxicity testing is
appropriate, the ratio of receiving water
to effluent should be considered at the
point nearest to the outfall where water
quality criteria are required to be met.
This proposal incorporates the
recommendations of the 1991 TSD,
which stated that applicants should
conduct acute or chronic testing based
upon the following dilutions:
(A) Acute toxicity testing if the
dilution of the effluent is greater than
1000:1 at the edge of the mixing zone;
(B) Acute or chronic toxicity testing if
the dilution of the effluent is between
100:1 and 1000:1 at the edge of the
mixing zone. Acute testing may be more
appropriate at the higher end of this
range (1000:1), and chronic testing may
be more appropriate at the lower end of
this range (100:1); and
(C) Chronic testing if the dilution of
the effluent is less than 100:1 at the edge
of the mixing zone. (See TSD, pp. 58-
59.) In order to determine the proper
dilution ratio, measurement should be
made at the point where chronic criteria
apply. Thus, where there is a chronic
mixing zone, the dilution ratio should
be measured at the edge of the chronic
mixing zone. It may be inappropriate to
use an acute test if there is too little
dilution.
Although the Agency is not proposing
to require that applicants follow these
recommendations, the Agency believes
that they are reasonable, based on the
discussion in the TSD. For example,
with regard to the use of chronic
toxicity testing where the dilution ratio
falls below 100:1, the Agency stated,
"[t]he rationale for this recommendation
is that chronic toxicity has been
observed in some effluents down to the
1.0 percent effect concentration.
Therefore, chronic toxicity tests,
although somewhat more expensive to
conduct, should be used directly in
order to make decisions about toxic
impact." (TSD, p. 59.) The Agency
solicits comment as to whether these
recommendations should instead be
added as requirements in the final rule.
The whole effluent toxicity testing
requirements that currently exist, at
§ 122.21(j), do not specify which
information must be reported as a result
of such testing. To clarify reporting
requirements for the applicant and the
permit writer, EPA today proposes
specific reporting requirements in
§ 122.21(j)(4). First, applicants required
to perform WET tests under the
proposed rule are required to indicate
the number of tests performed since
permit reissuance and since any
modification of the permit pursuant to
40 CFR 122.62(a). It is up to the
permitting authority to determine
whether previously submitted results
provide the equivalent of the
information proposed to be required.
Proposed § 122.21(j)(4)(v) sets forth in
detail the information that the Agency
believes will provide the permit writer
with adequate information to determine
whether the test was conducted in
accordance with EPA methods and
protocols and whether the reported
results are otherwise valid. The Agency
solicits comment on whether the
information requested is the proper
information to require or whether other
information should be required,
including for purposes of quality
assurance. As in the current regulatory
requirements, in conducting the testing,
applicants must use EPA-approved
methods. The Agency solicits comment
on this approach.
Where biomonitoring data have been
submitted to the permitting authority
within three years of the permit
application, applicants would be
required to provide the dates on which
such data were submitted and a
summary of the results of each such test.
Where any WET test conducted within
three years prior to the permit
application reveals toxicity, proposed
§ 122.21(j)(4)(vi) would require that
applicants, at a minimum, provide any
information they may have on the cause
of toxicity. Further, applicants would be
required to provide written details of
any toxicity reduction evaluation
conducted. Toxicity reduption
evaluations (TREs) are used to
investigate the causes and sources of
toxicity and identify the effectiveness of
corrective actions to reduce it. The
purpose of a TRE is to help bring
dischargers into compliance with water
quality-based whole effluent toxicity
requirements where monitoring
indicates unacceptable effluent toxicity.
The permitting authority may require a
permittee to conduct a TRE in those
cases where the discharger is unable to
adequately explain and immediately
correct non-compliance with a whole
effluent toxicity permit limit or
requirement. TREs may be required of
permittees under existing permits or
through a variety of other legally
binding mechanisms. Since the results
from TREs may have considerable
impact in the evaluation of municipal
permit applications, this kind of
information would need to be available
to the permit writer. It is recommended
that applicants conducting a TRE at the
time of permit application would
provide a brief summary of the status
and results from the ongoing TRE.
The Agency solicits comment on all of
the above proposed revisions to the
existing WET test requirements.
5. Industrial Discharges, Pretreatment
and RCRA/CERCLA Waste
Today's proposed rule would require
applicants to provide information on
industrial (non-domestic) discharges to
the POTW, particularly discharges from
significant industrial users (SIUs). This
information is to be required by
proposed! 122.21(j)(5).
Proposed § 122.21(j)(5)(i) would
require the applicant to list the total
number of significant industrial users
(SIUs) and categorical industrial users
discharging to the POTW, to estimate
the average daily flow from these users
and from all industrial (non-domestic)
users, and to estimate the percent of
total influent contributed by each class
of users. This information provides the
permit writer with a means of
determining the relative impact,
individually and collectively, of
industrial contributions to the POTW.
As defined in 40 CFR 403.3, the term
"industrial user" means "a source of
indirect discharge," which in turn is
defined as the introduction of pollutants
into a POTW from any non-domestic
source regulated under sec. 307(b), (c),
or (d) of the CWA. In general, this term
encompasses industrial and commercial
sources of toxic pollutants discharging
to POTWs. Commercial entities such as
hospitals, nursing homes, restaurants,
offices, and stores may be included.
A categorical industrial user is any
discharger subject to categorical
pretreatment standards under 40 CFR
403.6 and 40 CFR Chapter I, Subchapter
N. "Significant industrial user" is
defined at 40 CFR 403.3(t) as any
categorical industrial user and any other
industrial user that:
(1) discharges an average of 25,000
gallons per day or more of process
wastewater to the POTW (excluding
sanitary, non-contact cooling and boiler
blowdown wastewater);
(2) contributes a process wastestream
which makes up 5 percent or more of
-------
62568 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
the average dry weather hydraulic or
organic capacity of the POTW; or
(3) is designated as such by the
control authority (40 CFR 403.12(a))
because of a reasonable potential to
adversely affect the POTW's operation
or violate pretreatment requirements.
Proposed § 122.21(j)(5)(ii) would
require POTWs with approved
pretreatment programs to describe any
substantial modifications to the POTW's
pretreatment program that have not yet
been approved in accordance with 40
CFR 403.18. EPA is considering revising
the pretreatment regulations to
streamline approved program
requirements. Such revisions may make
the need for this information
unnecessary.
Proposed § 122.21(j)(5)(iii) would
require information on individual
significant industrial users (SIUs)
discharging to POTWs. This provision is
similar to questions currently found on
Standard Form A. The Agency desires to
incorporate into the final rule
provisions that reduce duplication of
effort. One possible way is to allow the
applicant to reference substantially
similar information about SIUs
previously submitted to the permitting
authority rather than to resubmit the
information. The Agency solicits
comments on using this approach in the
final rule and suggestions of other
possible options. EPA is also
considering whether to waive, either
entirely or on a case-by-case basis, such
reporting for any POTW with an
approved pretreatment program under
40 CFR Part 403 that submits an annual
report within the year preceding its
application to the extent that the annual
report contains information equivalent
to that required in proposed Section M.
The Agency solicits comment on this
question.
The proposed provision requires
POTWs to provide the following
information for each SIU: Name and
mailing address, description of the
industrial processes affecting the
discharge, principal products and raw
materials, average daily volume of
process and non-process wastewater
discharged, and whether the SIU is
subject to local limits or categorical
pretreatment standards. The description
of each SIU's industrial activity and its
principal products and raw materials
alerts the permit writer to the potential
presence of pollutants in the discharge
in concentrations that may be of
concern to the POTW, and can be useful
in establishing permit limits.
Information on the average daily volume
of process wastewater discharged helps
the permit writer to estimate pollutant
loads to the POTW. Knowing the
volume of non-process wastewater
discharged will alert both the permit
writer and the POTW to the possibility
of hydraulic overload to the system, and
will help the POTW minimize such
occurrences.
Currently, Standard Form A requires
the applicant to identify the quantities
of product manufactured and raw
materials used by each SIU. The Agency
is not proposing to require this
information in today's proposal because
neither the amount of production nor
the amount of raw materials used
necessarily correlates directly to the
toxicity of the waste stream. For
example, the SIU might use all of the
raw material and release little into the
waste stream. The Agency is instead
requesting a narrative description of
products and raw materials involved in
the industrial activity.
Standard Form A also requires the
applicant to characterize each SIU's
industrial discharge. Although this
information may be necessary to
establish permit limits at some POTWs,
this question appears to be unnecessary.
In many cases, the permit writer is able
to determine parameters of concern
from the principal products and raw
materials for that industrial user. In
other cases the permit writer may
request this information on a case-by-
case basis.
The proposed provision would also
require the applicant to describe any
problems at the POTW attributable to
wastewater discharged by SIUs.
Identification of such problems is
necessary to set permit limits for
pollutants that the POTW might not
adequately remove, and should lead to
other strategies for control of toxic
pollutants, such as: more stringent local
limits or other pretreatment
requirements; best management
practices, if the toxic pollutants appear
to be from diffuse sources; or toxicity
reduction evaluations (TREs), if toxicity
testing shows that the effluent causes an
excursion above water quality standards
in the receiving stream. Instances of
pass through and interference identified
in this step will alert the permit writer
to violations of the POTW's NPDES
permit.
6. Discharges From Hazardous Waste
Sources
Proposed § 122.21(j)(6) would require
applicants to provide general
information concerning discharges of
RCRA hazardous wastes to POTWs and
discharges from hazardous waste
cleanup or remediation sites. The
purpose of this information is to alert
the permit writer to potential concerns
regarding the constituents of such
discharges.
Proposed § 122.21(j)(5)(i) would
require the applicant to provide
information about any hazardous
wastes, as defined under Subtitle C of
the Resource Conservation and
Recovery Act (RCRA), or authorized
State law, that are delivered to the
facility by truck, rail, or dedicated pipe
This requirement does not apply to
RCRA hazardous wastes discharged to a
sewer system that mix with domestic
sewage before reaching the POTW,
because the Domestic Sewage Exclusion
(sec. 1004(27) of RCRA) provides that
solid or dissolved material in domestic
sewage is not solid waste as defined in
RCRA, and therefore is not a hazardous
waste.
If the POTW receives RCRA
hazardous waste by truck, rail, or
dedicated pipe, the applicant must list,
for each waste received, the hazardous
waste number, quantity, and method by
which it is received. The permit writer
would use this information to
coordinate appropriate RCRA
requirements including, where
appropriate, additional permit terms to
address such requirements. In addition,
this information will enable permitting
authorities to identify potential impacts
in the POTW's discharge.
In order to establish appropriate
permit requirements, the permit writer
also needs to be aware of wastewaters
discharged to the POTW that originate
from remedial activities conducted
under the Comprehensive
Environmental Response, Compensation
and Liability Act (CERCLA), the RCRA
corrective action program, or other
authorities. POTWs are sometimes used
for the disposal of wastewaters
generated during remediation of
CERCLA (Superfund) sites or during
RCRA corrective action activities at
industrial facilities. Paragraphs (ii)-(iv),
in proposed § 122.21(j)(6), would
require the applicant to identify
wastewaters from remedial activities
known or expected to be received
during the life of the permit, the origin
of such wastes and the treatment, if
known, that such wastes receive prior to
entering the POTW. This information is
intended to help the permit writer
decide whether to establish additional
monitoring or permit requirements for
the effluent and sewage sludge.
7. Combined Sewer Overflows
In developing permit requirements to
meet BAT/BCT using BPJ and to meet
applicable water quality standards for
CSO discharges, the permit writer
requires certain information. To ensure
that the permit writer has the necessary
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62569
information, EPA proposes to require
information that reflects the Agency's
1994 CSO Control Policy (see discussion
in background section). This paragraph
is intended to complement, and not
overlap, other reporting that POTWs
may be required to provide by the
NPDES authority in accordance with the
CSO Control Policy.
Proposed § 122.21(j)(7)(i) would
require information about the combined
sewer system (CSS), including a system
map and system diagram that describe
the relevant features of the system.
Applicants are also required to identify
the number of CSO discharge points to
be covered by the permit application.
Because municipalities with CSOs often
have more than one treatment plant,
different POTW permits may include
different outfalls from their CSS.
Similarly, proposed § 122.21(j)(7)(ii)
would require that applicants provide
information on each outfall specifically
covered by the application. This
includes some locational information
similar to that for outfalls of treated
effluent in proposed § 122.21(j)(2),
paragraphs (i) and (ii). As discussed
previously, this sort of locational data is
consistent with Agency policy
concerning the reporting of such
information. It also provides permitting
authorities with a means of locating
dischargers within the U.S. Soil
Conservation Service watershed
categorization system, a State's river
basin categorization system, and the
U.S. Geological Survey cataloging
scheme.
This provision would also require
information about any monitoring
conducted on the outfall by the
applicant and any CSO incidents that
occurred in the year previous to the
permit application. Finally, proposed
§ 122.21(j)(7)(ii)(E) would require the
permittee to identify any significant
industrial users (see discussion on
pretreatment and industrial user
information) that contribute to the CSO
and to describe any known water
quality impacts, such as beach or
shellfish bed closings and fish kills. The
Agency considers this to be a minimal
amount of information to be provided to
the permit writer, inasmuch as the
permit writer must have adequate
information to specifically authorize
discharges at each of the identified
outfalls.
8. Contractors
Proposed § 122.21(j)(8) would require
the applicant to identify all contractors
responsible for any operation or
maintenance aspects of the POTW and
to specify such contractors'
responsibilities. This information
enables the permit writer to determine
who has primary responsibility for the
operation and maintenance of the
POTW, and thus determine whether a
contractor should be included on the
permit as a co-permittee.
9. Certification
Proposed § 122.21(j)(9) would require
the signature of a certifying official in
compliance with 40 CFR 122.22, which
requires the signature of a certifying
official on all NPDES applications. The
certification would apply to all
attachments identified on the
application form, as well as any others
included by the applicant.
10. Revision to Pretreatment Program
Requirements
Existing § 122.21(j)(iv) requires
applicants with a pretreatment program
to provide a technical evaluation of the
need to revise local limits, under 40
CFR 403.5(c)(l). Since 1990, when that
requirement was promulgated, the
Agency has received numerous requests
to change the provision to make it
effective after the date of permit
issuance. The concern has been raised
that a POTW most needs to review its
local limits after permit reissuance,
when new permit limits are in place,
rather than prior to permit reissuance.
The Agency agrees with these
comments and proposes to make this
change. In order to be clear, the
provision has been reworded and is
proposed to be moved to 40 CFR
403.8(f)(4), with the existing POTW
pretreatment program requirements. The
Agency solicits comment on this
approach.
C. Application Requirements for
TWTDS (40 CFR 122.21(q))
Under § 122.21(d)(3)(ii), POTWs and
other treatment works treating domestic
sewage (TWTDS) are currently required
to submit the sewage sludge information
listed at § 501.15(a)(2) with their permit
applications. Today EPA proposes
regulatory language at § 122.21(q) to
update the information that must be
reported. Proposed revised
§ 501.15(a)(2) would reference the
requirements of proposed § 122.21(q).
EPA also proposes a new form, Form 2S,
for collection of this information.
Section (q) would require all TWTDS,
except "sludge-only" facilities, to report
information regarding sewage sludge
generation, treatment, use, and disposal.
The permitting authority may also
require a "sludge-only" facility to
submit a permit application containing
this information. These proposed new
requirements are intended to clarify
existing sewage sludge application
requirements, as necessary to
implement the Agency's Part 503
standards for sewage sludge use or
disposal.
As with the proposed POTW
application requirements, the Agency
does not wish to require redundant
reporting by TWTDS. Thus, the Agency
is proposing to allow a waiver for
information required to be reported
under § 122.21(q) similar to that
proposed for § 122.21(j). This would
allow the Director to waive any
requirements in proposed paragraph (q)
if the Director has access to
substantially identical information. The
Agency solicits comment on this
approach and the proposed conditions
for allowing such a waiver.
Also as with the proposed POTW
application requirements, the Agency
also solicits comment on ways to allow
the permit writer or permitting authority
discretion in waiving particular
information where the permitting
authority determines that such
information is not necessary for the
application. In other words, there may
be flexible ways to look at each
applicant in light of the overall "matrix
of characteristics" regarding a particular
facility. Where, for example, historical
data indicate that additional sampling is
not warranted unless other conditions
have changed, the Agency is
considering waiving such sampling.
Such flexibility would involve a holistic
approach to implementing these
proposed requirements, and the Agency
solicits comment as to ways in which it
could be accomplished without making
these provisions entirely discretionary,
so that one could predict the exercise of
discretion. This might be particularly
relevant on the second and subsequent
rounds of permitting under these
proposed provisions. The Agency also
seeks comment on what information
might be appropriate and what
information might be inappropriate for
such waivers.
1. Facility Information
Proposed § 122.21(q)(l) would require
summary information on the identity,
size, location, and status of the facility.
Proposed paragraph (ii) would request
that the facility location be described by
latitude and longitude to the nearest
second. This information meets the
specifications of EPA's Locational Data
Policy and supports the Watershed
Protection Approach, by providing
permit writers and other Federal and
State environmental managers with a
means of geographically locating
potential sources of polluted runoff.
EPA believes that this change would
-------
62570 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
merely clarify, without expanding, an
existing reporting requirement.
2. Applicant Information
Proposed § 122.21(q)(2) would require
information concerning the identity of
the applicant and its status as a Federal,
State, private, public, or other entity.
3. Permit Information
Proposed § 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.
4. Federal Indian Reservations
Proposed § 122.21(q)(4) clarifies
existing § 501.15(a)(2)(iv), which asks
only "whether the facility is located on
Indian Lands." A sewage sludge use or
disposal permit, however, may cover
activities occurring beyond the
boundaries of the "facility." Therefore,
the proposed paragraph asks whether
any generation, treatment, storage, land
application, or disposal of sewage
sludge occurs on a Federal Indian
Reservation. EPA believes that this
information will better enable the
permit writer to identify the proper
permitting authority and applicable
requirements.
5. Topographic Map
Proposed § 122.21(q)(5) would require
the applicant to submit the following
information on a topographic map (or
maps) depicting the area one mile
beyond the property boundaries of the
TWTDS: All sewage sludge management
facilities, all water bodies, and all wells
used for drinking water listed in public
records or otherwise known to the
applicant within 1/4 mile of the
property boundaries. This proposed
requirement is different from the
existing topographic map requirement at
§ 501.15(a)(2)(vi) in that the proposed
requirement asks for information on use
and disposal sites rather than just
disposal sites. EPA believes that it is
just as important to get information on
land application sites as on disposal
sites. Neither the existing nor the
proposed requirements request a map
for sites that extend more than a mile
beyond the TWTDS's property
boundary. The permitting authority
could request maps of all use or
disposal sites if they believe that this
information is necessary to develop
adequate permits. EPA requests
comments on whether maps should be
required for all use or disposal sites, or
whether this requirement should be
modified in some other way.
6. Sewage Sludge Handling
Proposed § 122.21(q)(6) would require
the applicant to prepare a flow diagram,
and/or a narrative description that
identifies all sewage sludge
management practices (including on-site
storage) to be employed during the life
of the permit. EPA believes that this
information is necessary because the
applicant may employ sewage sludge
management practices not covered
under the more specific questions
proposed in today's rule. To draft a
complete permit, the permit writer must
be aware of all sewage sludge storage,
use, or disposal practices that may have
an adverse affect on public health and
the environment. EPA requests
comments on whether more specific
information about on-site and off-site
storage of sewage sludge should be
required of permit applicants.
7. Sewage Sludge Quality
Currently, §501.15(a)(2)(vii) requires
applicants to report "any sludge
monitoring data the applicant may
have." However, this requirement
neither identifies the parameters that
must be reported nor provides a
mechanism for reporting this
information. Proposed Form 2S and
§ 122.21(q)(7) would address this need
by requiring monitoring data for specific
parameters in sewage sludge that is used
or disposed.
Proposed paragraph (i) of
§ 122.21(q)(7) would require all Class I
sludge management facilities to submit
the results of at least one toxicity
characteristic leaching procedure
(TCLP) conducted during the last five
years to determine whether the sewage
sludge is a hazardous waste. The TCLP
is described in 40 CFR Part 261,
Appendix II, and is a method for
determining whether a solid waste
exhibits the characteristic of toxicity, in
accordance with 40 CFR 261.24. 40 CFR
Part 503 does not establish requirements
for the use or disposal of sewage sludge
determined to be hazardous under the
procedures in Appendix II of 40 CFR
Part 261 and § 261.24. Hazardous
sewage sludge must be used or disposed
of in accordance with the hazardous
waste regulations in 40 CFR Parts 261-
268, or authorized State law. Using the
results of the hazardous waste test, the
permitting authority will determine
which requirements apply to the use or
disposal of the applicant's sewage
sludge. EPA requests comments on
whether facilities should be allowed to
use a method other than a TCLP to show
that their sewage sludge is non-
hazardous and whether non-Class I
sludge management facilities should be
required to perform a TCLP.
Proposed paragraph (ii) of
§ 122.21(q)(7) would require all
applicants to submit data on individual
pollutants in the sewage sludge.
Existing data could be submitted if it
were two years old or less. EPA is
proposing a two-tier approach for
collection of pollutant data that is based
on whether the treatment works has an
industrial wastewater pretreatment
program.
Under the two-tier approach, Class I
sludge management facilities would
submit sewage sludge data for the
pollutants listed in proposed 40 CFR
Part 122, Appendix], Table 2 ("Effluent
and Sewage Sludge Parameters for
Selected POTWs and Treatment Works
Treating Domestic Sewage") and Table
3 ("Other Effluent and Sewage Sludge
Parameters for Treatment Works
Treating Domestic Sewage and Selected
POTWs") and for other selected
pollutants, as part of the application for
a permit for the use or disposal of
sewage sludge. Other TWTDS would be
required to submit data for the
pollutants regulated in Part 503 and for
other selected pollutants.
a. Class I sludge management
facilities. A Class I sludge management
facility is any POTW required to have
an approved pretreatment program
under 40 CFR 403.8(a) and any TWTDS
classified as a Class I sludge
management facility because of the
potential for the TWTDS's sewage
sludge use or disposal practice to affect
public health and the environment
adversely. Under today's proposal a
Class I sludge management facility
would submit sewage sludge
concentration data for all the priority
pollutants, except asbestos, as listed in
Tables 2 and 3 of Appendix J; for the
Part 503 pollutants; and for total
kjeldahl nitrogen (TKN), ammonia,
nitrate, and phosphorus (total).
EPA is proposing to require Class I
sludge management facilities to submit
data on the priority pollutants because
they are known to have adverse effects
on human health and the environment
and are of concern to the general public.
Since sewage sludge from Class I sludge
management facilities has an industrial
component, it is important to reassure
the public that this sewage sludge will
not cause harm if it is used or disposed
according to Part 503. A pollutant scan
every five years should help promote
the beneficial use of sewage sludge by
demonstrating its quality. If any
pollutants that are not regulated by Part
503 show up in the scan, the results
would enable the permitting authority
to determine whether additional permit
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62571
conditions (i.e., in addition to the
requirements in Part 503) are necessary
to protect public health and the
environment.
Many Class I sludge management
facilities are already required by their
pretreatment program to monitor their
sewage sludge for these pollutants. In
addition, many State sewage sludge
programs require monitoring for some or
all of these pollutants. EPA seeks
comments on this approach.
Section 405 (d) of the CWA
contemplates a phased approach to
establishing numerical limits for
pollutants in sewage sludge that is used
or disposed. Moreover, sec. 405(d)(2)(D)
of the CWA provides that "[f]rom time
to time, but not less often than every 2
years, the Administrator shall review
the regulation * * * for the purpose of
identifying additional pollutants and
promulgating regulations for such
pollutants * * * ."
The Standards for the Use or Disposal
of Sewage Sludge that were published
on February 19,1993, constitute Round
One of EPA's sewage sludge standards
program. The Agency has identified a
tentative list of pollutants for which
limits will be established in a Round
Two regulation (i.e., an amendment to
the Round One regulation) and has
announced a tentative schedule for the
publication of that amendment.
Pollutants on the tentative list for the
Round Two regulation include acetic
acid (2,4,-dichlorophenoxy), aluminum,
antimony*, asbestos, barium,
beryllium*, boron, butanone (2-), carbon
disulfide, cresol (p-), cyanide (soluble
salts and complexes)*, dioxin/
dibenzofuran (all monochloro to
octochloro congeners), endsulfan-II,
fluoride, manganese, methylene
chloride*, nitrate*, nitrite*,
pentachloronitrobenzene, phenol*,
phthalate (bis-2-ethylhexyl)*,
polychlorinated biphenyls (co-planar),
propanone (2-), silver*, thallium*, tin,
titanium, toluene*,
trichlorophenoxyacetic acid (2,4,5-),
trichlorophenoxypropionic acid ([2-
(2,4,5-)], and vanadium. EPA has
indicated that it retains the discretion
either to add to or delete pollutants from
the above list of pollutants.
The Agency is considering adding the
above pollutants to the list of pollutants
for which data have to be submitted by
Class I sludge management facilities
with a permit application. Eleven of the
above pollutants are included in Tables
2 or 3 of proposed Appendix J or are
nutrients (see pollutants marked with an
asterisk). Therefore, this approach
would require that Class I sludge
management facilities submit data for 20
additional pollutants. The Agency
requests comments on this proposal.
b. All TWTDS. Part 503 contains
pollutant limits for ten inorganic
pollutants for sewage sludge that is land
applied (subpart B), three inorganic
pollutants for sewage sludge placed on
an unlined surface disposal site (subpart
C), and five inorganic pollutants for
sewage sludge fired in a sewage sludge
incinerator (subpart E). There are no
pollutant limits in Part 503 for sewage
sludge placed on a lined surface
disposal site or for sewage sludge placed
in a municipal solid waste landfill unit.
The pollutants for which limits are
included in Part 503 are arsenic,
cadmium, chromium, copper, lead,
mercury, molybdenum, nickel,
selenium, and zinc. Part 503 also
contains an operational standard for
pathogens (i.e., fecal coliform,
Salmonella sp. bacteria, enteric viruses,
and viable helminth ova) and for total
hydrocarbons (THC). The operational
standards for pathogens are values that
can not be exceeded in sewage sludge
and the operational standard for THC is
a value that can not be exceeded in the
air emissions for a sewage sludge
incinerator stack.
With today's rulemaking, EPA
proposes that applicants for a sewage
sludge use or disposal permit submit
sewage sludge concentration data for all
of the Part 503 inorganic pollutants. The
permitting authority needs to determine
whether a TWTDS can change its use or
disposal practice if the need arises. Data
for all of the Part 503 pollutants will
help the permitting authority make that
determination.
The Agency is aware that many
TWTDS employ only one sewage sludge
use or disposal practice, and that such
treatment works may object to
submitting data for pollutants that are
not regulated for that practice.
Nevertheless, EPA believes that the
additional information burden to collect
and submit data for all of the Part 503
pollutants is offset by the value of the
data to the permitting authority. The
Agency solicits comments on whether
an applicant should be required to
submit data only for the pollutants
regulated for the TWTDS's use or
disposal practice.
As indicated previously, EPA also
proposes that all applicants submit
sewage sludge data for TKN, ammonia,
nitrate-nitrogen, and total phosphorus
with a permit application. In addition,
the percent solids of the sewage sludge
that is used or disposed of would have
to be reported. Percent solids is required
to ensure that all sewage sludge data can
be converted to dry weight values.
Information on the nitrogen and
phosphorus content of sewage sludge is
needed for several reasons. One
important use of the nitrogen data is to
help the permit writer to evaluate the
design of the agronomic rate for a land
application site. Part 503 requires that
sewage sludge be land applied at a rate
that is equal to or less than the
agronomic rate for the application site.
The Agency also can use the data on
nutrients in sewage sludge in future
considerations as to whether to establish
limits for nitrogen and phosphorus in
sewage sludge.
The Agency is also considering
adding certain pathogens to the list of
pollutants for which data would be
required with an application. These
include Salmonella sp. bacteria, enteric
viruses, and viable helminth ova. Part
503 contains density levels for these
microorganisms that cannot be exceeded
in sewage sludge that is used or
disposed. In addition to pathogens, the
Agency is also considering requesting
data for fecal coliform, which is used in
Part 503 as a pathogen indicator. The
permitting authority would use these
data to determine whether the sewage
sludge meets the Class A or Class B
pathogen requirements in Part 503.
Pathogen data only would have to be
submitted by persons who land apply or
place sewage sludge in a surface
disposal site. EPA is seeking comments
on this issue as part of today's proposal.
Results of current efforts within the
Agency may require that limits be
established prior to the Round Two
sewage sludge regulation, for dioxin/
dibenzofuran and co-planar
polychlorinated biphenyls (PCBs) in
sewage sludge that is used or disposed.
Dioxin/dibenzofuran is a carcinogen
that is highly toxic in low
concentrations. Because the chemical
structure of co-planar PCBs is similar to
the chemical structure of dioxin/
dibenzofuran, they are expected to have
similar human health effects (i.e., toxic
in low concentrations). Data for these
two pollutants could be used to develop
Part 503 limits for these pollutants or to
evaluate the Part 503 limits. For this
reason, the Agency is considering
requesting all TWTDS to submit data for
these pollutants with a sewage sludge
permit application. EPA seeks
comments on whether TWTDS who are
not Class I sludge management facilities
should be required to submit data on
these two pollutants.
8. Requirements for a Person Who
Prepares Sewage Sludge
Proposed § 122.21(q)(8) identifies
permit application information that a
person who prepares sewage sludge for
-------
62572 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
use or disposal would be required to
submit. A "person who prepares," as
denned at 40 CFR 503.9(r), is "either the
person who generates sewage sludge
during the treatment of domestic sewage
in a treatment works or the person who
derives a material from sewage sludge."
This section would thus pertain to any
POTW or other treatment works that
generates sewage sludge. It also would
include facilities (such as composting
operations) that receive sewage sludge
from another facility and then derive a
material from that sewage sludge.
Paragraphs (i) and (ii) of proposed
§ 122.21(q)(8) would request
information on the amount of sewage
sludge "prepared" at the facility. This
includes the amount generated
(paragraph (i)) plus any other amount
that is received from off-site (paragraph
(ii)). These paragraphs are intended to
clarify the existing requirement at
§ 501.15(a)(2)(x), which tells the
applicant to report annual sludge
production volume. Paragraph (ii)
would also solicit information on
sewage sludge treatment practices at any
off-site facility from which sewage
sludge is received. The off-site facility
providing the sewage sludge is, by
definition, also a "person who
prepares," and, therefore, would also be
subject to sludge permitting
requirements. EPA believes that
information on the delivering facility
enables the permit writer to assess the
quality of sewage sludge received by the
applicant. It also fosters more
appropriate allocation of permit
requirements between the applicant's
facility and an off-site "person who
prepares."
As in the case of the Municipal
Application regulations, the Agency
desires to incorporate into the final rule
provisions that reduce duplication of
effort. One possible way is to allow the
applicant to reference substantially
similar information previously
submitted to a permitting authority
rather than resubmit the information.
The Agency solicits comments on using
this approach in the final rule and
suggestions of other possible options.
Before sewage sludge is applied to the
land or placed on an active sewage
sludge unit, it must meet the
requirements for pathogen reduction in
§ 503.32 and for vector attraction
reduction in § 503.33. Therefore,
paragraph (iii) of proposed
§ 122.21(q)(8) would request
information on sewage sludge treatment
processes at the applicant's facility,
including pathogen or vector attraction
reduction processes. The permit writer
needs to know whether pathogen and
vector attraction reduction requirements
are met at the applicant's facility and
thus should be addressed in the
applicant's permit. If these requirements
are not met by the applicant, pathogen
and vector attraction reduction must be
met by a subsequent "person who
prepares" or the owner/operator of a
surface disposal site.
"Exceptional quality" (EQ) sewage
sludge must meet the ceiling
concentrations in 40 CFR 503.13(b)(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). Because of its high quality, "EQ"
sewage sludge is not subject to the
general requirements of § 503.12 or the
management practices of § 503.14.
Therefore, fewer permitting and permit
application requirements pertain to
facilities generating such sewage sludge.
Proposed paragraph (iv) of § 122.21(q)(8)
would ask for the amount of sewage
sludge that is applied to the land. EPA
believes that this information is all that
is needed to develop sewage sludge
conditions for such a facility. Under
paragraph (iv), the applicant would not
need to provide the other, more-
detailed, information in proposed
§ 122.21(q)(8) paragraphs (v) and (vi) for
sewage sludge meeting "EQ" criteria.
The existing 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, the
Agency believes that the names of
distributors should not be required and
is proposing to delete the requirement at
§ 501.15(a)(2)(viii). The Agency seeks
comments on this approach.
Paragraph (v) of proposed
§ 122.21(q)(8) would seek information
on sewage sludge that is not "EQ," but
is nevertheless placed in a bag or other
container for sale or give-away for
application to the land. Under Part 503,
such sewage sludge must meet the Class
A pathogen requirements in § 503.32{a)
and one of the vector attraction
reduction requirements in § 503.33(b)(l)
through (8). In addition, the sewage
sludge must meet either the pollutant
concentrations in Table 3 of § 503.13 or
the annual pollutant loading rates
(APLRs) in Table 4 of § 503.13. If this
sewage sludge meets the Table 3
pollutant concentrations, it is "EQ"
sewage sludge and thus would be
subject to proposed paragraph (iv).
Proposed paragraph (v) would only
apply to sewage sludge subject to the
Table 4 APLRs that is placed in a bag
or other container for application to the
land. EPA proposes to require that the
applicant employing this type of sewage
sludge use provide the volume of
sewage sludge placed in bags or other
containers and a copy of all labels or
notices that accompany the product
being sold or given away.
Paragraph (vi) of proposed
§ 122.21(q)(8) would seek information
about any other "person who prepares"
who receives sewage sludge from the
applicant's facility. This information
helps the permit writer to identify
which permit requirements should
apply to the applicant and whether the
subsequent preparer needs to obtain a
permit. Paragraphs (C) and (E) of
proposed paragraph (vi) would provide
the permit writer with necessary
information on the quality of the sewage
sludge that is ultimately land applied.
This information also enables the permit
writer to identify activities of the
subsequent "person who prepares" that
may subject the applicant to additional
regulation or permit requirements.
Therefore, these requirements would
ensure that the sewage sludge will meet
all applicable Part 503 requirements at
the time of land application, regardless
of the number of parties involved. One
possible way to obtain this information
is to allow the applicant to reference
substantially similar information
previously submitted to a permitting
authority rather than resubmit the
information. The Agency solicits
comments on using this approach in the
final rule and suggestions of other
possible options.
9. Land Application of Bulk Sewage
Sludge
Proposed § 122.21(q)(9) would request
information on sewage sludge that is
land applied in bulk form. This section
would apply only where the applicant's
permit must contain all applicable Part
503 requirements for land application.
This section would not apply if the
applicant generates "EQ" sewage sludge
subject to proposed § 122.21(q)(8)(iv), or
if the applicant places sewage sludge in
a bag or other container for sale or give-
away for application to the land subject
to proposed § 122.21(q)(8)(v). In neither
of these cases is it necessary to control
the ultimate land application through a
permit and thus the applicant would not
need to provide this information as part
of the application. The section also
would not apply if the applicant
provides sewage sludge to another
"person who prepares" subject to
proposed § 122.21(q)(8)(vi). In this case,
the ultimate land application would be
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62573
controlled by the subsequent "person
who prepares."
Paragraph (i) of proposed
§ 122.21(q)(9) would clarify 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.
Paragraph (A) of proposed
§ 122.21(q){9)(iii) would ask the
applicant to identify the land
application site. This question would
request locational information which
supports the Watershed Protection
Approach, by providing permit writers
and other Federal and State
environmental managers with a means
of geographically locating potential
sources of polluted runoff.
Paragraphs (B) and (C) of proposed
§ 122.21(q)(9)(iii) would ask the
applicant to identify the land
application site owner and applier, if
different than the applicant. EPA
believes that this information is
necessary in order to ensure that the
permit is issued to the correct party.
These proposed paragraphs would
clarify and expand on existing
requirements at § 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
(D) and (E) of proposed
§ 122.21(q)(9)(iii) would ask the
applicant to identify the type of land
application site, the type of vegetation
grown on that site, if known at the time
of permit application, and the
vegetation's nitrogen requirement. This
information enables the permit writer to
calculate an appropriate permit
management practice regarding
agronomic rate. EPA recognizes that
different crops may be grown on a site
during the life of a permit. If the crop
for a site is not known or likely to
change, the applicant should submit
whatever information is available.
Paragraph (F) of proposed
§ 122.21(q)(9)(iii) would request
information on vector attraction
reduction measures undertaken at the
land application site. Before sewage
sludge is applied to the land, it must
meet the requirements for vector
attraction reduction in § 503.33. These
measures may be undertaken either by
the "person who prepares" sewage
sludge or by the operator of the land
application site.
Paragraph (G) of proposed
§ 122.21(q)(9)(iii) would ask the
applicant to submit any existing ground-
water monitoring data for the land
application site. Section 503.14(d) states
that bulk sewage sludge may not be
applied to land at greater than the
agronomic rate. Section 503.11(b)(2)
explains that "agronomic rate" is the
whole sludge application rate that
minimizes the amount of nitrogen that
passes below the root zone and into the
ground water. EPA believes that
permitting authorities need to review
existing ground-water monitoring data
for land application sites in order to
ensure that sewage sludge application
rates are appropriately protective of
ground water.
Section 501.15(a)(2)(ix) asks for
information necessary to determine if
the site is appropriate for land
application and a description of how the
site will be managed. This requirement
could be interpreted in different ways.
Today's rule attempts to clearly specify
the site management requirements in
proposed paragraphs (D)-(G) of
proposed § 122.21(q)(9)(iii). The
permitting authority could request other
site management information if it is
needed to identify appropriate permit
conditions.
Proposed § 122.21(q)(9)(iv) would
request 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.
Proposed § 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.
10. Surface Disposal
Proposed § 122.21(q)(10) requests
information on sewage sludge that is
placed on a surface disposal site. By
definition, a sewage sludge surface
disposal site is a TWTDS. Many surface
disposal site owner/operators, however,
would not have to complete this section,
but would instead submit the limited
background information required by
§ 122.21(c)(2)(iii). The applicant would
be required to provide the information
requested by proposed § 122.21(q)(10)
only if the surface disposal site were
already covered by an NPDES permit; if
the owner/operator were requesting site-
specific pollutant limits; or if the
permitting authority were requiring a
full application.
Paragraph (i) of proposed
§ 122.21(q)(10) would clarify the
existing requirement at § 501.15(a)(2)(x)
which tells the applicant to report
annual sludge production volume.
Paragraph (ii) of proposed
§ 122.21(q)(10) would require that the
applicant provide the name or number,
address, telephone number, and amount
of sewage sludge placed on each surface
disposal site that the applicant does not
own or operate. This paragraph would
clarify and expand on existing
requirements at § 501.15(a)(2)(viii). EPA
believes that this information is
necessary in order to ensure that the
permit is issued to the correct party.
Paragraph (iii) of proposed
§ 122.21(q)(10) would request detailed
information on each active sewage
sludge unit at each surface disposal site
that the applicant owns or operates. A
"sewage sludge unit" is defined in
§ 503.21(n) as "land on which only
sewage sludge is placed for final
disposal." A "surface disposal site" is
"an area of land that contains one or
more sewage sludge units." Information
on each active sewage sludge unit is
necessary because Part 503 provides for
different pollutant limits, monitoring
requirements, and management
practices for each unit. This information
enables the permitting authority to
establish proper permit conditions.
Paragraph (I) of § 122.21(q)(10)(iii)
would request information on sewage
sludge sent to the active sewage sludge
unit by any facility other than the
applicant's. This information helps the
permit writer to determine which
requirements apply to the surface
disposal site owner/operator and which
apply to the facility which sends sewage
sludge to the surface disposal site. As
previously mentioned, one way to
reduce duplicate reporting, is to allow
the applicant to reference substantially
similar information already submitted to
a permitting authority. The Agency
solicits comments on using this
approach in the final rule and
suggestions for other options.
Paragraph (J) of proposed
§ 122.21(q)(10)(iii) would request
information on vector attraction
reduction measures undertaken at the
active sewage sludge unit. Before
sewage sludge is placed on an active
sewage sludge unit, it must meet the
requirements for vector attraction
reduction in § 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
-------
62574 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
required to supply information on their
practices.
Section 503.24(n)(2) requires surface
disposal sites to demonstrate by way of
a ground-water monitoring program or
certification that sludge placed on an
active sewage sludge unit does not
contaminate the underlying aquifer. In
order to ensure that this requirement is
implemented, paragraph (K) of proposed
§ 122.21(q)(10)(iii) would request
information on ground-water
monitoring programs or certifications.
Because many communities rely on
ground water as a source of drinking
water, EPA believes that this
information is necessary to protect
public health and the environment.
After August 18,1993, only surface
disposal sites showing good cause may
apply for site-specific pollutant limits.
Paragraph (L) of proposed
§ 122.21(q)(10)(iii) would request the
information necessary for the permit
writer to determine whether such site-
specific limits are warranted. This
information would include a
demonstration that the values for site
parameters at the applicant's site differ
from those used to develop the surface
disposal pollutant limits in Part 503.
11. Incineration
Proposed § 122.21(q)(ll) would
request information on sewage sludge
that is fired in a sewage sludge
incinerator. According to § 503.41(k), a
sewage sludge incinerator is "an
enclosed device in which only sewage
sludge and auxiliary fuel are fired." A
sewage sludge incinerator is a TWTDS
and is required to submit a full permit
application.
Paragraph (i) of proposed
§ 122.21(q)(ll) would clarify the
existing requirement at § 501.15(a)(2)(x)
which tells the applicant to report
annual sludge production volume.
Paragraph (ii) of proposed
§ 122.21(q)(ll) would require that the
applicant provide the name or
identifying number, address, telephone
number, and amount of sewage sludge
fired in each sewage sludge incinerator
that the applicant does not own or
operate. This paragraph would clarify
existing requirements at
§ 501.15(a)(2)(viii). EPA believes that
this information is necessary in order to
ensure that the permit is issued to the
correct party.
Paragraph (iii) of proposed
§ 122.21(q)(ll) would request detailed
information on each sewage sludge
incinerator that the applicant owns or
operates. Paragraph (B) of proposed
paragraph (iii) would request the total
amount of sewage sludge fired annually
in each incinerator. This information is
necessary because the monitoring
requirements for sewage sludge
incinerators are based on the total
amount fired.
Paragraphs (C) and (D) of proposed
§ 122.21(q)(ll)(iii) would request
information on compliance with the
beryllium and mercury National
Emissions Standards for Hazardous Air
Pollutants (NESHAPs). Section 503.43
paragraphs (a) and (b) require
compliance with these standards
through a cross-reference to 40 CFR Part
61 subparts C and E. If the incinerator
is required to perform stack testing,
these paragraphs would require the
applicant to submit a report of that
testing.
Under § 503.43, the pollutant limits
applicable to each sewage sludge
incinerator are calculated based on
factors unique to each incinerator.
Paragraphs (E), (F), and (G) of proposed
§ 122.21(q)(ll)(iii) would require each
applicant to submit these factors for
their incinerator(s). Calculating
pollutant limits on an individual basis
allows the actual performance of each
incinerator and actual site conditions,
such as topography, to be taken into
account. EPA believes that this is more
appropriate than mandating national
pollutant limitations for sewage sludge
incinerators.
In the development of Part 503, EPA
determined that it would be infeasible
to establish individual limits for each
hydrocarbon in sewage sludge
incinerator exit gas. Instead, the Agency
adopted a 100 ppm total hydrocarbon
(THC) limit and required continuous
THC monitoring to show compliance.
Part 503 was amended, on February 25,
1994 (59 FR 9095), to allow sewage
sludge incinerators whose exit gas does
not exceed 100 ppm carbon monoxide
(CO) to show compliance with the THC
operational standard by monitoring CO
instead of THC. Paragraphs (H), (I), and
(J) of proposed § 122.21(q)(ll)(iii) would
request the incinerator information
necessary to establish the correct
hydrocarbon monitoring requirements.
Many of the incinerator's site-specific
factors that are used to calculate
pollutant limits and compliance with
the operational standard are highly
dependent on the temperature at which
the incinerator is operated and the rate
at which sewage sludge is fed into the
incinerator. For most incinerators, these
parameters are determined during an
initial performance test. In order to
appropriately calculate pollutant limits
and ensure appropriate pollutant limits
and that the incinerator is operated
within the parameters of the original
performance test, EPA needs to know
the information in paragraphs (K)
through (O) of proposed
Paragraphs (P) and (Q) of proposed
§ 122.21(q)(ll)(iii) would request
information on the monitoring
equipment and air pollution control
devices installed on the incinerator.
Information on this equipment is
necessary to ensure that the facility
complies with the management
practices at § 503.45.
12. Disposal in a Municipal Solid Waste
Landfill
Proposed § 122.21(q)(12) would
request information on sewage sludge
that is sent to a municipal solid waste
landfill (MSWLF). Section 503.4 states
that sewage sludge sent to a MSWLF
that complies with the requirements in
40 CFR Part 258 constitutes compliance
with sec. 405 (d) of the CWA. The
questions in § 122.21(q)(12) are
necessary to ensure the availability of
accurate information about a MSWLF
and the sewage sludge that is sent there.
Paragraphs (i) and (ii) of proposed
§ 122.21(q)(12) would 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) would request
information on the sewage sludge
quality to ensure that it is acceptable for
a MSWLF. Paragraph (iv) would request
available information on whether the
MSWLF is in compliance with Part 258.
13. Contractors
Proposed § 122.21(q)(13) would
require the applicant to provide
contractor information. The applicant
would be required to identify all
contractors responsible for any
operation or maintenance aspects of the
TWTDS, and specify their
responsibilities. The permitting
authority uses this information to
determine who has primary
responsibility for the operation and
maintenance of the TWTDS.
14. Other Information
Proposed § 122.21(q)(14) would
require the applicant to report any
information necessary to determine the
appropriate standards for permitting
under 40 CFR Part 503, and any other
information the permitting authority
may request and reasonably require to
assess the sewage sludge use and
disposal practices, to determine whether
to issue a permit, or to identify
appropriate permit requirements. This
paragraph restates the existing
requirements in § 501.15(a)(2)(xi) and
(xii).
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62575
15. Signature
Proposed § 122.21(q)(15) would
require that a certifying official sign the
form in compliance with 40 CFR 122.22.
This would ensure that the person
signing the form has the authority to
speak for and legally bind the permittee.
-IV. Paperwork Reduction Act
The information collection
requirements in this proposed rule have
been submitted for approval to the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. An
Information Collection Request
document has been prepared by EPA
(ICR No. 0226.13) and a copy may be
obtained from Sandy Farmer,
Information Policy Branch; EPA; 401 M
St., S.W. (Mail code 2136); Washington,
DC 20460; or by calling (202) 260-2740.
This collection of information has an
estimated reporting burden averaging
10.7 hours per response, including
annual recordkeeping burden. These
estimates include time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Send comments regarding the burden
estimate or any other aspect of this
collection of information, including
suggestions for reducing this burden to
Chief, Information Policy Branch; EPA;
401 M St., S.W. (Mail Code 2136);
Washington, DC 20460; and to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Washington, DC 20503, marked
"Attention: Desk Officer for EPA." The
final rule will respond to any OMB or
public comments on the information
collection requirements contained in
this proposal.
V. Executive Order 12866
Under Executive Order 12866 (58 FR
51735 (October 4,1993)), the Agency
must determine whether the regulatory
action is "significant" and therefore
subject to OMB review and the
requirements of the Executive Order.
The Order defines "significant
regulatory action" as one that is likely
to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President's priorities, or the principles
set forth in the Executive Order."
Pursuant to the terms of Executive
Order 12866, it has been determined
that this rule is a "significant regulatory
action" because it may adversely affect
local governments by incrementally
increasing permit application costs. As
such, this action was submitted to OMB
for review. Changes made in response to
OMB suggestions or recommendations
will be documented in the public
record.
VI. Executive Order 12875
Under Executive Order 12875 (58 FR
58093 (October 28,1993)), no executive
agency shall promulgate any regulation
that is not required by statute and that
creates a mandate upon a State, local, or
tribal government, unless:
(a) Funds to pay the direct costs
associated with the regulation are
provided by the Federal Government, or
(b) The agency, prior to promulgation,
provides OMB a description of its
consultation with representatives of the
affected governments, the nature of their
concerns, any written communications
submitted to the agency by them, and
the agency's position supporting the
need for the regulation. Each agency is
also required to develop an effective
process to permit elected officials and
other representatives of these
governments an opportunity to provide
meaningful and timely input on
significant unfunded mandates.
As discussed above ("Public
Consultation in the Development of
Today's Proposal," at I.H.), the Agency
consulted with States, local
governments, and other parties in the
development of this proposed rule. This
is further discussed in the discussion
below ("Unfunded Mandates Reform
Act of 1995 and Consultation with State,
Local, and Tribal Governments," at VII).
VII. Unfunded Mandates Reform Act of
1995 and Consultation With State,
Local, and Tribal Governments
Title II of the Unfunded Mandates
Reform Act of 1995 ("Unfunded
Mandates Act"), Public Law 104-4,
establishes requirements for Federal
agencies to assess the effects of their
regulatory actions on State, local, and
tribal governments and the private
sector. Under section 202 of the
Unfunded Mandates Act, EPA generally
must prepare a written statement,
including a cost-benefit analysis, for
rules with Federal mandates that may
result in expenditures to State, local,
and tribal governments in the aggregate,
or to the private sector, of $100 million
or more in any one year. Before
promulgating an EPA rule for which a
written statement is needed, section 205
of the Unfunded Mandates Act generally
requires EPA to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
most cost-effective or least burdensome
alternative that achieves the objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least
costly, most cost-effective or least
burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted.
Under section 203 of the Unfunded
Mandates Act, EPA must develop a
small government agency plan before it
establishes regulatory requirements that
may significantly or uniquely affect
small governments, including tribal
governments. The plan must provide for
notifying potentially affected small
governments, enabling officials of
affected small governments to have
meaningful and timely input in the
development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
EPA has determined that this rule
does not include a Federal mandate that
may result in expenditures of $100
million or more to either State, local and
tribal governments in the aggregate, or
to the private sector in any year. To the
extent enforceable duties arise as a
result of today's proposed rule on State,
local and tribal governments, such
enforceable duties do not result in a
significant regulatory action being
imposed upon State, local and tribal
governments since the estimated
aggregate cost of compliance for them is
not expected to exceed $5.7 million
annually. Thus, today's proposed rule is
not subject to the written statement
requirement in section 202 of the Act.
In compliance with E.0.12875, which
requires the involvement of State, local
and tribal governments in the
development of certain Federal
regulatory actions, EPA conducted a
wide outreach effort and actively sought
the input of representatives of State,
local, and tribal governments in the
process of developing the proposed rule.
Agency personnel have communicated
with State and local representatives in
-------
62576 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
a number of different forums. For
example, EPA staff involved in
development of today's proposed rule
invited comments on earlier drafts of
the proposed rulemaking, forms, and
instructions from States and local
governments both directly and through
organizations such as the Association of
Metropolitan Sewerage Agencies
(AMSA), the Water Environment
Federation (WEF), and the California
Association of Sanitation Agencies
(CASA). In response to these efforts, the
Agency was able to communicate
directly, including through meetings
and telephone communications, with
representatives of a number of
interested State and local
representatives, including
representatives of more than twenty-five
local governments. Cities represented in
a telephone conference arranged
through WEF included Price (UT),
Owosso (MI), Saginaw (MI), Rockwood
(MI), Grand Rapids (MI), Roseburg (OR),
Central Marin San. Dist. (CA), Little
Rock (AR), Dallas (TX), Northeast Ohio
Regional Sewer Dist. (OH). Cities
represented in a meeting with AMSA
representatives included Detroit (MI),
Boise (ID), City of Los Angeles (CA),
Phoenix (AZ), Passaic Valley (NJ);
Middleton (NJ), Hampton Roads (VA),
Orange County (CA), Anchorage (AK),
and Alexandria (VA). Other discussions
were held individually with
representatives of local governments.
The Agency received written comments
from AMSA, several cities, and a
number of States. In the comments
received from States, a number of issues
were raised concerning possible impacts
on local governments. EPA invited, but
did not receive, written comments from
the Association of State and Interstate
Water Pollution Control Administrators
(ASIWPCA) and the National League of
Cities.
Once the proposed rule is finalized,
the Agency intends to provide
information through a variety of
sources, and to educate and advise local
governments concerning compliance
with the proposed requirements. In the
Communication Plan prepared for this
proposal, the Agency has outlined
which organizations EPA will contact
directly concerning the proposal. The
same parties will also be contacted
directly regarding the final rulemaking.
The communication plan is available in
the record supporting this proposal. The
Agency seeks to assist, educate, and
advise applicants on how to comply
with the permit application
requirements primarily through the
instructions to the proposed forms, and
seeks comment as to how the
instructions could be improved.
Additionally, the Agency intends to
provide training for permit writers, so
that they can assist, educate, and advise
applicants on an as-needed basis when
completing their applications.
VIII. Regulatory Flexibility Act
The Regulatory Flexibility Act (Pub.
L. 96-354) requires Federal agencies to
consider the effect of proposed rules on
small entities. Agencies must consider
alternatives to proposed rules that
would minimize the economic impact
on small entities so long as these
alternatives are consistent with the
stated objective of the statute under
which such rules are developed.
However, the requirements of the
Regulatory Flexibility Act do not alter
standards otherwise applicable to
agency action. For example, section 405
of the CWA requires EPA to promulgate
regulations that are adequate to protect
public health or the environment
against reasonably anticipated adverse
effects.
In developing these proposed
regulations, EPA considered the effects
of the proposed regulations on small
entities. The regulatory flexibility
analysis (RFA) conducted for this
proposed rule meets the requirements
specified in the "Guidelines for
Implementing the Regulatory Flexibility
Act" (U.S. EPA, Office of Regulatory
Management and Evaluation and Office
of Policy, Planning, and Evaluation,
April 1992).
Most of the applicants that would be
required to complete the municipal and
sludge application forms, if finalized,
are small entities. For the purposes of
the RFA, EPA employs the definition of
small government entities that was
originally advanced in a related
rulemaking. See U.S. EPA, "Regulatory
Impact Analysis of the Part 503 Sewage
Sludge Regulation," November 25,1992,
for a complete discussion of the
development of this definition. For the
purposes of this rule, die term "small
government entities" is considered to
mean small POTWs. Small POTWs are
defined as POTWs processing less than
\ million gallons per day (mgd) of
wastewater. POTWs of this size
generally serve a population of 10,000
people or less. This definition is
consistent with the designation of major
and minor POTWs under the NPDES
program.
The estimate of the number of small
POTWs subject to both sets of proposed
application requirements is based on the
number of minor POTWs. Also, for the
purposes of the RFA, the Agency
conservatively assumed that all "sludge-
only" POTWs are small entities.
Generally, treatment facilities serving
large populations (greater than 10,000)
generate effluent of sufficient volume
that it must be discharged to waters of
the U.S., and thus require an NPDES
permit. The Agency also assumed for
purposes of the RFA that all privately
owned treatment facilities are small
entities. Overall, EPA estimates that
nearly 70 percent of municipal
applicants and 74 percent of sludge
applicants are small entities.
EPA considered a range of regulatory
options for the proposed forms. In this
proposal, the Agency has developed a
two-tier approach for municipal
applicants and a two-tier approach for
sludge applicants. Applicants are
categorized according to size and
whether or not they are required to have
a pretreatment program. Under each
regulatory option considered, less
stringent standards are required for
smaller facilities that are less likely to
pollute and have a lower capacity to
absorb large monitoring costs.
The costs of complying with the
proposed application requirements
would consist entirely of paperwork and
testing costs associated with completing
the forms and collecting the required
information. Therefore, the costs for
these activities estimated in the ICR for
this proposed rule are used in the RFA.
The five-year compliance cost estimates
for POTWs applying for NPDES permits
(i.e., for both sets of application
requirements) range from $681 to $3,627
for small POTWs under the four
regulatory options under consideration
for the municipal permit application
and the three regulatory options under
consideration for the sludge application
requirements. The five-year compliance
cost estimates for the various options
under this proposed rule range from
approximately $507 to $2,849 for small
privately owned treatment works. These
costs would represent between 0.06 and
0.31 percent of the average annual
revenues of small POTWs and small
privately owned treatment works. As a
percent of average household
expenditures on sewage treatment, these
figures would range between 0.10 and
0.54 percent for small POTWs and small
privately owned treatment works. The
five-year compliance costs for sludge-
only facilities (i.e., paperwork costs
associated with the proposed sludge
application requirements) range from
$375 to $2,809 under the three
regulatory options under consideration
for small POTWs and from $299 to
$2,849 for privately owned treatment
works. These costs would represent well
below 0.5 percent of both the average
annual revenues for small treatment
works (public and private) and of the
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62577
average annual household costs for
sewage treatment. Thus, impacts on
small treatment facilities and their
customers are not expected to be severe.
List of Subjects
40 CFR Part 122
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Reporting and recordkeeping
requirements, Sewage disposal, Waste
treatment and disposal, Water pollution
control.
40 CFR Part 123
Confidential business information,
Hazardous materials, Reporting and
recordkeeping requirements, Sewage
disposal, Waste treatment and disposal,
Water pollution control, Penalties.
40 CFR Part 403
Confidential business information,
Reporting and recordkeeping
requirements, Waste treatment and
disposal, Water pollution control.
40 CFR Part 501
Confidential business information,
Environmental protection, Reporting
and recordkeeping requirements,
Publicly owned treatment works,
Sewage disposal, Waste treatment and
disposal.
Dated: November 2,1995.
Carol M. Browner,
Administrator.
For the reasons set forth in the
preamble. EPA proposes to amend 40
CFR Chapter I as follows:
PART 122—EPA ADMINISTERED
PERMIT PROGRAMS: THE NATIONAL
POLLUTANT DISCHARGE
ELIMINATION SYSTEM
1. The authority citation for part 122
continues to read as follows:
Authority: Clean Water Act, 33 U.S.C. 1251
et seq.
2. Section 122.2 is amended by
revising the definition for "Publicly
owned treatment works ("POTW") and
adding a definition for "TWTDS" in
alphabetical order to read as follows:
§122.2 Definitions.
*****
Publicly owned treatment works
("POTW") means a treatment works as
defined by section 212 of the CWA,
which is owned by a "State" or
"municipality" (as defined by section
502(4) of the CWA). This definition
includes any devices and systems used
in the storage, treatment, recycling and
reclamation of municipal sewage or
industrial wastes of a liquid nature. It
also includes sewers, pipes and other
conveyances only if they convey
wastewater to a POTW Treatment Plant,
as defined in §403.3(p) of this chapter.
The term also means the municipality as
defined in section 502(4) of the CWA,
which has jurisdiction over the Indirect
Discharges, as defined in §403.3(g) of
this chapter, to and the discharges from
such a treatment works.
*****
TWTDS means treatment works
treating domestic sewage.
*****
3-6. Section 122.21 is amended by
revising paragraph (c)(2)(i) through (iii)
introductory text, paragraph (d)(3), the
introductory text of paragraph (f),
paragraph (j) and by adding paragraph
(q) before the notes to read as follows:
§ 122.21 Application for a permit
(applicable to State programs, see § 123.25).
*****
(c) * * *
(2) Permits under section 405(f) of
CWA. (i) Any existing treatment works
treating domestic sewage (TWTDS)
required to have site-specific pollutant
limits, or requesting such limits, as
provided in 40 CFR Part 503, must
submit the permit application
information required by paragraph
(d)(3)(iii) of this section within 180 days
after publication of a standard
applicable to its sewage sludge use or
disposal practice(s). After this 180-day
period, TWTDS may only apply for site-
specific pollutant limits for good cause
and such requests must be made within
180 days of becoming aware that good
cause exists.
(ii) Any TWTDS with a currently
effective NPDES permit, not addressed
under paragraph (c)(2)(i) of this section,
must submit the application information
required by paragraph (d)(3)(iii) of this
section at the time of its next NPDES
permit renewal application. Such
information must be submitted in
accordance with paragraph (d) of this
section.
(iii) Any other existing TWTDS not
addressed under paragraphs (c)(2)(i) or
(ii) of this section must submit the
information listed in paragraphs
(c)(2)(iii)(A) through (E) of this section,
to the Director within 1 year after
publication of a standard applicable to
its sewage sludge use or disposal
practice(s), using Form 2S or another
form approved by the Director. The
Director shall determine when such
TWTDS must apply for a permit.
*****
(d) * * *
(3)(i) All applicants for EPA-issued
permits, other than POTWs, new
sources, and TWTDS, must complete
Forms 1 and either 2B, 2C, or 2E of the
consolidated permit application forms
to apply under § 122.21 and paragraphs
(f), (g), (h), and (i) of this section.
(ii] All POTWs must submit the
application information required by
paragraph (j) of this section, within the
time periods established in paragraph
(c)(2) of this section, using Form 2A or
another form approved by the Director.
All POTWs applying for EPA-issued
permits must complete Form 2A.
(iii) All TWTDS, except "sludge-only
facilities" subject to paragraph (c)(2)(iii)
of this section, must submit the
application information required by
paragraph (q) of this section, within the
time periods established in paragraph
(c)(2) of this section, using Form 2S or
another form approved by the Director.
All such applicants applying for EPA-
issued permits must complete Form 2S.
*****
(f) Information requirements. All
applicants for NPDES permits, other
than POTWs and other TWTDS, shall
provide the following information to the
Director, using the application form
provided by the Director (additional
information required of applicants is set
forth in paragraphs (g) through (k) of
this section).
*****
(j) Application requirements for new
and existing POTWs. Unless otherwise
indicated, all POTWs shall provide, at a
minimum, the information in this
paragraph (j) to the Director, using Form
2A or another application form
provided by the Director. The Director
may waive any requirement of this
paragraph if the Director has access to
substantially identical information.
(1) Basic application information. All
applicants shall provide the following
information:
(i) Facility information. Name,
mailing address, and location of the
facility for which the application is
submitted;
(ii) Applicant information. Name,
mailing address, and telephone number
of the applicant, and indication as to
whether the applicant is the facility's
owner, operator, or both;
(iii) Existing environmental permits.
Identification of all environmental
permits or construction approvals
received or applied for (including dates)
under any of the following programs:
(A) Hazardous Waste Management
program under the Resource
Conservation and Recovery Act (RCRA),
subpart C of this part;
(B) UIC program under the Safe
Drinking Water Act (SDWA);
-------
62578 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
(C) NPDES program under Clean
Water Act (CWA);
(D) Prevention of Significant
Deterioration (PSD) program under the
Clean Air Act;
(E) Nonattainment program under the
Clean Air Act;
(F) National Emission Standards for
Hazardous Pollutants (NESHAPS)
preconstruction approval under the
Clean Air Act;
(G) Ocean dumping permits under the
Marine Protection Research and
Sanctuaries Act;
(H) Dredge or fill permits under
section 404 of the CWA; and
(I) Other relevant environmental
permits, including State permits;
(iv) Population. The name and
population of each municipal entity
served by the facility, including
unincorporated connector districts;
(v) Flow rate. The facility's design
flow rate and annual average daily flow
rate for each of the previous 3 years;
(vi) Collection system. Identify type(s)
of collection system(s) used by the
treatment works (i.e., separate sanitary
sewers or combined storm and sanitary
sewers) and an estimate of the percent
of sewer line that each type comprises;
(vii) Inflow and infiltration. The
current average daily flow rate volume
of inflow and infiltration, in gallons per
day, and steps the facility is taking to
minimize inflow and infiltration;
(viii) Topographic map. A
topographic map (or other map if a
topographic map is unavailable)
extending at least one mile beyond
property boundaries of the treatment
plant, including all unit processes, and
showing:
(A) Treatment plant area and unit
processes;
(B) The pipes or other structures
through which wastewater enters the
treatment plant and the pipes or other
structures through which treated
wastewater is discharged from the
treatment plant. Include outfalls from
bypass piping, if applicable;
(C) Each well where fluids from the
treatment plant are injected
underground;
(D) Wells, springs, other surface water
bodies, and drinking water wells listed
in public records or otherwise known to
the applicant within the map area;
(E) Sewage sludge management
facilities (including on-site treatment,
storage, and disposal sites) within the
property boundaries; and
(F) Location at which waste classified
as hazardous under RCRA enters the
treatment plant by truck, rail, or
dedicated pipe;
(ix) Process flow diagram or
schematic.
(A) A diagram showing the processes
of the treatment plant, including all
bypass piping. This includes a water
balance snowing all treatment units,
including disinfection, and showing
daily average flow rates at influent and
discharge points, and approximate daily
flow rates between treatment units; and
(B) A narrative description of the
diagram;
(x) Bypasses. The following
information for each outfall that is a
discharge from a bypass point:
(A) The actual or approximate number
of wet-weather and dry-weather bypass
incidents in the twelve months prior to
the date of the permit application;
(B) The actual or approximate
duration of each wet-weather or dry-
weather bypass incident;
(C) The actual or approximate
volume, in millions of gallons, of each
wet-weather or dry-weather bypass
incident; and
(D) The reason(s) why such bypasses
occurred;
(xi) Outfalls and other discharge or
disposal methods. The following
information for outfalls to waters of the
United States and other discharge or
disposal methods:
(A) For effluent discharges to waters
of the United States, the total number
and types of outfalls (e.g, treated
effluent, CSOs) to surface water;
(B) For wastewater discharged to
surface impoundments:
(1) The location of each surface
impoundment;
(2) The annual average daily volume
discharged to each surface
impoundment; and
(3) Whether the discharge is
continuous or intermittent;
(C) For wastewater applied to the
land:
(1) The location of each land
application site;
(2) The size of each land application
site, in acres;
(3) The annual average daily volume
applied to each land application site, in
gallons per day; and
(4) Whether land application is
continuous or intermittent;
(D) For wastewater discharged to
another facility:
(1) The means by which the discharge
is transported;
(2) The name, mailing address,
contact person, and phone number of
the organization transporting the
discharge, if the transport is provided by
a party other than the applicant;
(3) The name, mailing address,
contact person, phone number, and
NPDES permit number (if any) of the
receiving facility; and
(4) The average daily flow rate from
this facility into the receiving facility, in
millions of gallons per day; and
(E) For wastewater disposed of in a
manner not included in paragraphs
(j)(l)(ix) (A) through (D) of this section
(e.g., underground percolation,
underground injection):
(1) A description of the disposal
method, including the location and size
of each disposal site, if applicable;
(2) The annual average daily volume
disposed of by this method, in gallons
per day; and
(3) Whether disposal through this
method is continuous or intermittent;
(xii) Federal Indian reservations.
Information concerning whether the
facility is located on a Federal Indian
Reservation or whether the facility
discharges to a receiving stream that
flows through a Federal Indian
Reservation; and
(xiii) Scheduled improvements,
schedules of implementation. The
following information regarding
scheduled improvements:
(A) The outfall number of each outfall
affected;
(B) A narrative description of each
required improvement;
(C) Scheduled or actual dates of
completion for the following:
(1) Commencement of construction;
(2) Completion of construction;
(3) Commencement of discharge; and
(4) Attainment of operational level;
and
(D) A description of permits and
clearances concerning other Federal
and/or State requirements;
(2) Information on effluent discharges.
Each applicant must provide the
following information for each outfall,
including bypass points, through which
effluent is discharged, as applicable:
(i) Description of outfall. The
following information about each
outfall:
(A) Outfall number;
(B) State, county, and city or town in
which outfall is located;
(C) Latitude and longitude, to the
nearest second;
(D) Distance from shore and depth
below surface;
(E) Average daily flow rate, in million
gallons per day;
(F) The following information for each
outfall with a seasonal or periodic
discharge:
(1) Number of times per year the
discharge occurs;
(2) Duration of each discharge;
(3) Flow of each discharge; and
(4) Months in which discharge occurs;
and
(G) Whether the outfall is equipped
with a diffuser and the type (e.g., high-
rate) of diffuser used;
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62579
(ii) Description of receiving waters.
The following information (if known)
for each outfall through which effluent
is discharged to waters of the United
States:
(A) Type (e.g., stream, river, lake,
estuary, ocean) and name of receiving
water;
(B) Name of watershed/river/stream
system and United States Soil
Conservation Service 14-digit watershed
code;
(C) Name of State Management/River
Basin and United States Geological
Survey 8-digit hydrologic cataloging
unit code; and
(D) Critical flow of receiving stream
and total hardness of receiving stream at
critical low flow (if applicable); and
(iii) Description of treatment. The
following information describing the
treatment provided for discharges from
each outfall to waters of the United
States:
(A) The highest level of treatment
(e.g., primary, equivalent to secondary,
secondary, advanced, other) that is
provided for the discharge for each
outfall and:
(1) Design biochemical oxygen
demand (BOD5 or CBOD5) removal
(percent);
(2) Design suspended solids (SS)
removal (percent); and, where
applicable;
(3) Design phosphorus (P) removal
(percent);
(4) Design nitrogen (N) removal
(percent); and
(5) Any other removals that an
advanced treatment system is designed
to achieve.
(B) A description of the type of
disinfection used, and whether the
treatment plant dechlorinates (if
disinfection is accomplished through
chlorination);
(3) Effluent monitoring for specific
parameters, (i) As provided in
paragraphs (j)(3) (ii) through (x) of this
section all applicants shall submit to the
Director effluent monitoring information
for samples taken from each outfall
through which effluent is discharged to
waters of the United States, except for
CSOs. The Director may allow
applicants to submit sampling data for
only one outfall on a case-by-case basis,
where the applicant has two or more
outfalls with substantially identical
effluent;
(ii) All applicants must sample and
analyze for the pollutants listed in
Appendix J of this part, Table 1;
(iii) The following applicants must
sample and analyze for the pollutants
listed in Appendix J of this part, Table
2, and for any other pollutants for which
the State or EPA have established water
quality standards applicable to the
receiving waters:
(A) All POTWs with a design influent
flow rate equal to or greater than one
million gallons per day;
(B) All POTWs with approved
pretreatment programs or POTWs
required to develop a pretreatment
program; and
(C) Other POTWs, as required by the
Director;
(iv) Unless otherwise required by the
Director, applicants are not required to
sample for the pollutants listed in
Appendix J of this part, Table 3;
(v) The Director should require
sampling for additional pollutants, as
appropriate, on a case-by-case basis;
(vi) Applicants must provide data
from a minimum of three samples taken
within three years prior to the date of
the permit application. Samples must be
representative of the discharge from
each outfall, and at least two samples
should be at least four months, but no
more than eight months apart. Existing
data may be used, if available, in lieu of
sampling done solely for the purpose of
this application. The Director should
require additional samples, as
appropriate, on a case-by-case basis;
(vii) All existing data for pollutants
specified in paragraphs (j)(3) (ii) through
(v) of this section that is collected
within three years of the application
must be included with the pollutant
data submitted by the applicant. If,
however, the applicant samples for a
specific pollutant on a monthly or more
frequent basis, it is only necessary, for
such pollutant, to provide all data
collected within one year of the
application;
(viii) Applicants must collect samples
of effluent and analyze such samples for
pollutants in accordance with analytical
methods approved under 40 CFR part
136 unless an alternative is specified in
the existing NPDES permit. When no
analytical method is approved,
applicants may use any suitable method
and must provide a description of the
method. Grab samples must be used for
pH, temperature, cyanide, total phenols,
residual chlorine, oil and grease, fecal
coliform, E. coli, and enterococci. For all
other pollutants, 24-hour flow-weighted
composite samples must be used. For a
flow-weighted composite sample, only
one analysis of the composite of aliquots
is required. A single grab sample may be
taken for effluent from holding ponds or
other impoundments, so long as they
have a retention time of greater than 24
hours;
(ix) The effluent monitoring data
provided must include at least the
following information for each
parameter:
(A) Maximum daily discharge,
expressed as concentration or mass,
based upon actual sample values;
(B) Average daily discharge for all
samples, expressed as concentration or
mass, based upon actual sample values,
and the number of samples used to
obtain this value;
(C) The analytical method used; and
(D) The threshold level (i.e., method
detection limit, minimum level, or other
designated method endpoints) for the
analytical method used; and
(x) Unless otherwise required by the
Director, metals must be reported as
total recoverable;
(4) Effluent monitoring for whole
effluent toxicity. (i) All applicants shall
provide an identification of any
biological toxicity tests that the
applicant knows or has reason to believe
have been made during the three years
prior to the date of the application on
any of the applicant's discharges or on
a receiving water in relation to a
discharge.
(ii) As provided in paragraphs (j)(4)
(iii) through (ix) of this section, the
following applicants shall submit to the
Director the results of valid whole
effluent biological toxicity tests for
acute or chronic toxicity for samples
taken from each outfall through which
effluent is discharged to surface waters,
except for combined sewer overflows:
(A) All POTWs with design influent
flow rate equal to or greater than one
million gallons per day;
(B) All POTWs with approved
pretreatment programs or POTWs
required to develop a pretreatment
program; and
(C) Other POTWs, as required by the
Director, based on consideration of the
following factors:
(1) The variability of the pollutants or
pollutant parameters in the POTW
effluent (based on chemical-specific
information, the type of treatment plant,
and types of industrial contributors);
(2) The ratio of effluent flow to
receiving stream flow;
(3) Existing controls on point or non-
point sources, including total maximum
daily load calculations for the receiving
stream segment and the relative
contribution of the POTW;
(4) Receiving stream characteristics,
including possible or known water
quality impairment, and whether the
POTW discharges to a coastal water, one
of the Great Lakes, or a water designated
as an outstanding natural resource
water; or
(5) Other considerations (including,
but not limited to, the history of toxic
impacts and compliance problems at the
POTW) that the Director determines
-------
62580 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
could cause or contribute to adverse
water quality impacts.
(hi) Where the POTW has two or more
outfalls with substantially identical
effluent discharging to the same
receiving stream segment, the Director
may allow applicants to submit whole
effluent toxicity data for only one outfall
on a case-by-case basis.
(iv) Each applicant required to
perform whole effluent biological
toxicity testing pursuant to paragraph
(j)(4)(ii) of this section shall provide the
results of a minimum of four quarterly
tests for a year. Applicants shall
conduct tests with multiple species (no
less than two species; e.g., fish,
invertebrate, plant), and test for acute or
chronic toxicity, depending on the range
of receiving water dilution. It is
recommended that applicants conduct
acute or chronic testing based on the
following dilutions:
(A) Acute toxicity testing if the
dilution of the effluent is greater than
1000:1 at the edge of the mixing zone;
(B) Acute or chronic toxicity testing if
the dilution of the effluent is between
100:1 and 1000:1 at the edge of the
mixing zone. Acute testing may be more
appropriate at the higher end of this
range (1000:1), and chronic testing may
be more appropriate at the lower end of
this range (100:1); and
(C) Chronic testing if the dilution of
the effluent is less than 100:1 at the edge
of the mixing zone.
(v) Each applicant required to perform
whole effluent biological toxicity testing
pursuant to paragraph (j)(4)(ii) of this
section shall provide the number of
chronic or acute whole effluent toxicity
tests that have been conducted since the
last permit reissuance.
(vi) Provide the results using the form
provided by the Director, or test
summaries if available and
comprehensive, for each whole effluent
toxicity test conducted pursuant to
paragraph (j)(4)(ii) of this section for
which such information has not been
reported previously to the Director.
(vii) Whole effluent toxicity testing
conducted pursuant to paragraph
(j)(4)(ii) of this section shall be
conducted using methods approved
under 40 CFR part 136.
(viii) For biomonitoring data
submitted to the Director within three
years prior to the date of the
application, applicants must provide the
dates on which the data were submitted
and a summary of the results.
(ix) Each POTW required to perform
whole effluent biological testing
pursuant to paragraph (j)(4)(ii) of this
section must provide any information
on the cause of toxicity and written
details of any toxicity reduction
evaluation conducted, if any whole
effluent toxicity test conducted within
the past three years revealed toxicity.
(5) Industrial discharges and
pretreatment. Applicants must submit
the information in paragraphs (j)(5)(i)
through (iii) of this section, as
applicable, regarding industrial user
discharges to the POTW.
(i) General information. General
information on industrial users.
(A) Number of significant industrial
users (SIUs) and categorical industrial
users (CIUs) discharging to the POTW;
(B) Total average daily flow rate from
all industrial (non-domestic) users, from
SIUs, and from all CIUs discharging to
the POTW; and
(C) Estimated percent of total influent
contributed by all industrial (non-
domestic) users, by SIUs only, by CIUs
only, and by domestic sources
discharging to the POTW.
(ii) Pretreatment program and local
limits. POTWs with an approved
pretreatment program under 40 CFR
part 403 shall provide information
concerning pretreatment program
modifications that are required to be
submitted but have not been approved
in accordance with 40 CFR 403.18.
(iii) Significant industrial users.
POTWs with one or more significant
industrial users (SIUs) shall provide the
following information for each SIU, as
defined at 40 CFR 403.3(t), that
discharges to the POTW:
(A) Name and mailing address;
(B) Description of all industrial
processes that affect or contribute to the
SIU's discharge;
(C) Principal products and raw
materials of the SIU;
(D) Average daily volume of
wastewater discharged, indicating the
amount attributable to process flow and
non-process flow;
(E) Whether the SIU is subject to local
limits;
(F) Whether the SIU is subject to
categorical standards, and if so, under
which category(ies) and
subcategory(ies); and
(G) Whether any problems at the
POTW (e.g., upsets, pass through,
interference) have been attributed to the
SIU in the past three years;
(6) Discharges from hazardous waste
generators and from waste cleanup or
remediation sites. POTWs receiving
RCRA, CERCLA, or RCRA Corrective
Action wastes or wastes generated at
another type of cleanup or remediation
site must provide the following
information:
(i) RCRA hazardous waste. If the
POTW receives by truck, rail, or
dedicated pipe any wastes that are
regulated as RCRA hazardous wastes
pursuant to 40 CFR part 261, or
authorized State, or if it is expected to
receive such wastes during the life of
the permit, the applicant must report
the following:
(A) The method by which the waste
is received (i.e., whether by truck, rail,
or dedicated pipe); and
(B) The hazardous waste number and
amount received annually of each
hazardous waste;
(ii) CERCLA wastewaters. If the POTW
receives wastewaters that originate from
response activities undertaken pursuant
to the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA), or if it is expected to
receive such wastewaters during the life
of the permit, the applicant must report
the following:
(A) The identity and description of
the site(s) at which the wastewater
originates or is expected to originate;
(B) The identities of the hazardous
constituents in the wastewater; and
(C) The extent of treatment, if any, the
wastewater receives or will receive
before entering the POTW;
(iii) RCRA corrective action
wastewaters. If the POTW receives
wastewaters that originate from
remedial activities undertaken pursuant
to sections 3004(u) or 3008(h) of RCRA,
or authorized State, or if it is expected
to receive such wastewaters during the
life of the permit, the applicant must
report the following:
(A) The identity and description of
the facility(ies) at which the wastewater
originates or is expected to originate;
(B) The identities of the hazardous
constituents in the wastewater; and
(C) The extent of treatment, if any, the
wastewater receives or will receive
before entering the POTW; and
(iv) Wastewaters from other remedial
activities. If the POTW receives
wastewaters that originate from
remedial activities other than those in
paragraphs (j)(6) (ii) and (iii) of this
section, the applicant shall provide a
written description that includes the
following information:
(A) The identity and description of
the facility(ies) at which the wastewater
originates or is expected to originate;
(B) The identities of the hazardous
constituents in the wastewater; and
(C) The extent of treatment, if any, the
wastewater receives or will receive
before entering the POTW;
(7) Combined sewer overflows. Each
applicant with combined sewer systems
shall provide the following information:
(i) Combined sewer system
information. The following information
regarding the combined sewer system:
(A) CSO discharge points. The
number of combined sewer overflow
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62581
(CSO) discharge points in the combined
sewer system to be covered by the
application;
(B) System map. A map indicating the
location of the following:
(1) All CSO discharge points;
(2) Sensitive use areas potentially
affected by CSOs (e.g., beaches, drinking
water supplies, shellfish beds, sensitive
aquatic ecosystems, and outstanding
natural resource waters); and
(3) Waters supporting threatened and
endangered species potentially affected
by CSOs;
(C) System diagram. A diagram of the
combined sewer collection system that
includes the following information:
(1) The location of major sewer trunk
lines, both combined and separate
sanitary;
(2) The locations of points where
separate sanitary sewers feed into the
combined sewer system;
(3) In-line and off-line storage
structures;
(4) The locations of flow-regulating
devices; and
(5) The locations of pump stations;
and
(D) System evaluation. A list of
studies, including modeling studies,
hydraulic studies, past monitoring
efforts, and facility plans, that have been
performed on the collection system
since the last permit application; and
(ii) Information on CSO outfalls. The
following information for each CSO
discharge point covered by the permit
application:
(A) Description of outfall. The
following information on each outfall:
(1) Outfall number;
(2) State, county, and city or town in
which outfall is located;
(3) Latitude and longitude, to the
nearest second; and
(4) Distance from shore and depth
below surface;
(B) Monitoring. Indicate if any of the
following were monitored in the past
year for this CSO and provide the
results of this monitoring:
(1) Rainfall;
(2) CSO flow volume;
(3) CSO water quality;
(4) Receiving water quality; and
(5) The number of storm events;
(C) CSO incidents. The following
information about CSO incidents:
(1) The number of incidents in the
past year;
(2) The average duration per incident;
(3) The average volume per CSO
incident; and
(4) The minimum rainfall that caused
a CSO incident in the last year;
(D) Description of receiving waters.
The following information about
receiving waters:
(1) Name and type of receiving water
(e.g., stream/river, lake/pond, estuary,
ocean);
(2) Name of watershed/stream system
and the United States Soil Conservation
Service watershed (14-digit) code (if
known); and
(3) Name of State Management/River
Basin and the United States Geological
Survey hydrologic cataloging unit (8-
digit) code (if known); and
(E) CSO operations. The following
information concerning CSO operations:
(1) Whether the CSO includes
contributions from significant industrial
users; and
(2) A description of any known water
quality impacts on the receiving water
caused by the CSO (e.g., permanent or
intermittent beach closings, permanent
or intermittent shellfish bed closings,
fish kills, fish advisories, other
recreational loss, or exceedance of any
applicable State water quality standard);
(8) Contractors. All applicants shall
provide the name, mailing address,
telephone number, and responsibilities
of all contractors responsible for any
operational or maintenance aspects of
the facility; and
(9) Signature. All applications shall
be signed by a certifying official in
compliance with § 122.22.
*****
(q) Sewage sludge management. All
treatment works treating domestic
sewage, except "sludge-only facilities"
subject to paragraph (c)(2)(iii) of this
section, shall provide the information in
this paragraph to the Director, using
Form 2S or another form approved by
the Director. The Director may waive
any requirement of this paragraph if the
Director has access to substantially
identical information.
(1) Facility information. All
applicants shall submit the following
information:
(i) The name, mailing address, and
location of the treatment works treating
domestic sewage for which the
application is submitted;
(ii) The facility's latitude and
longitude to the nearest second, and
method of determination;
(iii) Whether the facility is a Class I
Sludge Management Facility;
(iv) The design influent flow rate (in
million gallons per day); and
(v) The total population served;
(2) Applicant information. All
applicants shall submit the following
information:
(i) The name, mailing address, and
telephone number of the applicant;
(ii) Indication whether the applicant
is the owner, operator, or both; and
(iii) The applicant's status as Federal,
State, private, public, or other entity;
(3) Permit information. All applicants
shall submit the facility's NPDES permit
number, if applicable, and a listing of all
other Federal, State, and local permits
or construction approvals received or
applied for under any of the following
programs:
(i) Hazardous Waste Management
program under the Resource
Conservation and Recovery Act (RCRA);
(ii) UIC program under the Safe
Drinking Water Act (SDWA);
(iii) NPDES program under the Clean
Water Act (CWA);
(iv) Prevention of Significant
Deterioration (PSD) program under the
Clean Air Act;
(v) Nonattainment program under the
Clean Air Act;
(vi) National Emission Standards for
Hazardous Air Pollutants (NESHAPS)
preconstruction approval under the
Clean Air Act;
(vii) Dredge or fill permits under
section 404 of CWA; and
(viii) Other relevant environmental
permits, including State or local
permits;
(4) Federal Indian Reservations. All
applicants shall identify any generation,
treatment, storage, land application, or
disposal of sewage sludge that occurs on
Federal Indian Reservations;
(5) Topographic map. All applicants
shall submit a topographic map (or
other map if a topographic map is
unavailable) extending one mile beyond
property boundaries of the facility and
showing the following information:
(i) All sewage sludge management
facilities, including use and disposal
sites;
(iij All water bodies; and
(iii) Wells used for drinking water
listed in public records or otherwise
known to the applicant within 1/4 mile
of the facility property boundaries;
(6) Sewage sludge handling. All
applicants shall submit a line drawing
and/or a narrative description that
identifies all sewage sludge
management practices employed during
the term of the permit, including all
units used for collecting, dewatering,
storing, or treating sewage sludge, the
destination(s) of all liquids and solids
leaving each such unit, and all
processes used for pathogen reduction
and vector attraction reduction;
(7) Sewage sludge quality, (i) If the
applicant is a "Class I sludge
management facility," the applicant
shall submit the results of a toxicity
characteristic leaching procedure
(TCLP), as described in 40 CFR part 261,
conducted in the last five years to
determine whether the sewage sludge is
a hazardous waste.
(ii) The applicant shall submit sewage
sludge monitoring data for the
-------
62582 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
parameters indicated in paragraphs
(q)(7)(ii) (A) through (B) of this section.
Monitoring data shall be two years old
or less. The data for each parameter
shall include the concentration in
sewage sludge (mg/kg dry weight), the
sample date(s), the analytical method,
and the minimum detection level for the
analysis.
(A) "Class I Sludge Management
Facilities," as defined in § 122.2, shall
submit sewage sludge monitoring data
for TKN, ammonia, nitrate, total
phosphorus, the pollutants in Appendix
J of this part, Tables 2 and 3, and any
other parameters for which limits in
sewage sludge have been established in
40 CFR part 503 on the date of permit
application.
(B) All other facilities required to
apply under this section shall submit
sewage sludge monitoring data for TKN,
ammonia, nitrate, total phosphorus and
those pollutants for which limits in
sewage sludge have been established in
40 CFR part 503 on the date of permit
application;
(8) Preparation of sewage sludge. If
the applicant is a "person who
prepares" sewage sludge, as defined at
40 CFR 503.9(r), the applicant shall
provide the following information:
(i) If the applicant's facility generates
sewage sludge, the total dry metric tons
per 365-day period generated at the
facility;
(ii) If the applicant's facility receives
sewage sludge from another facility, the
following information for each facility
from which sewage sludge is received:
(A) The name, mailing address, and
location of the other facility;
(B) The total dry metric tons per 365-
day period received from the other
facility; and
(C) A description of any treatment
processes occurring at the other facility,
including blending activities and
treatment to reduce pathogens or vector
attraction characteristics;
(iii) If the applicant's facility changes
the quality of sewage sludge through
blending, treatment, or other activities,
the following information:
(A) Whether the Class A pathogen
reduction requirements in 40 CFR
503.32(a) or the Class B pathogen
reduction requirements in 40 CFR
503.32(b) are met, and a description of
any treatment processes used to reduce
pathogens in sewage sludge;
(B) Whether any of the vector
attraction reduction options of 40 CFR
503.33(b)(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;
(ivj If sewage sludge from the
applicant's facility meets the ceiling
concentrations in 40 CFR 503.13(b)(l),
the pollutant concentrations in 40 CFR
503.13(b)(3), the Class A pathogen
requirements in 40 CFR 503.32(a), and
one of the vector attraction reduction
requirements in 40 CFR 503.33(b)(l)
through (b)(8), and if the sewage sludge
is applied to the land, the applicant
shall provide the total dry metric tons
per 365-day period of sewage sludge
subject to this paragraph that is applied
to the land;
(v) If sewage sludge from the
applicant's facility is sold or given away
in a bag or other container for
application to the land, and the sewage
sludge is not subject to paragraph
(q)(8)(iv) of this section, the applicant
shall provide the following information:
(A) The total dry metric tons per 365-
day period of sewage sludge subject to
this paragraph that is sold or given away
in a bag or other container for
application to the land; and
(B) A copy of all labels or notices that
accompany the sewage sludge being
sold or given away;
(vi) If sewage sludge from the
applicant's facility is provided to
another "person who prepares," as
defined at 40 CFR 503.9(r), and the
sewage sludge is not subject to
paragraph (q)(8)(iv) of this section, the
applicant shall provide the following
information for each facility receiving
the sewage sludge:
(A) The name and mailing address of
the receiving facility;
(B) The total dry metric tons per 365-
day period of sewage sludge subject to
this paragraph that the applicant
provides to the receiving facility;
(C) A description of any treatment
processes occurring at the receiving
facility, including blending activities
and treatment to reduce pathogens or
vector attraction characteristic;
(D) A copy of the notice and necessary
information that the applicant is
required to provide the receiving facility
under 40 CFR 503.12(g); and
(E) If the receiving facility places
sewage sludge in bags or containers for
sale or give-away to application to the
land, a copy of any labels or notices that
accompany the sewage sludge;
(9) Land application of bulk sewage
sludge. If sewage sludge from the
applicant's facility is applied to the land
in bulk form, and is not subject to
§ 122.21(q)(8)(iv), (v), or (vi), the
applicant shall provide the following
information:
(i) The total dry metric tons per 365-
day period of sewage sludge subject to
this paragraph (q)(9) that is applied to
the land;
(ii) If any land application sites are
located in States other than the State
where the sewage sludge is prepared, a
description of how the applicant will
notify the permitting authority for the
State(s) where the land application sites
are located;
(iii) The following information for
each land application site that has been
identified at the time of permit
application:
(A) The name (if any), and location for
the land application site;
(B) The name, mailing address, and
telephone number of the site owner, if
different from the applicant;
(C) The name, mailing address, and
telephone number of the person who
applies sewage sludge to the site, if
different from the applicant;
(D) Whether the site is agricultural
land, forest, a public contact site, or a
reclamation site, as such site types are
denned under 40 CFR 503.11;
(E) The type of vegetation grown on
the site, if known, and the nitrogen
requirement for this vegetation;
(F) Whether either of the vector
attraction reduction options of 40 CFR
503.33(b)(9) or (b)(10) is met at the site,
and a description of any procedures
employed at the time of use to reduce
vector attraction properties in sewage
sludge; and
(G) Any available ground-water
monitoring data, with a description of
the well locations and approximate
depth to ground water, for the land
application site;
(iv) The following information for
each land application site that has been
identified at the time of permit
application, if the applicant intends to
apply bulk sewage sludge subject to the
cumulative pollutant loading rates in 40
CFR 503.13(b)(2) to the site:
(A) Whether the applicant has
contacted the permitting authority in
the State where the bulk sewage sludge
subject to 40 CFR 503.13(b)(2) will be
applied, to ascertain whether bulk
sewage sludge subject to 40 CFR
503.13(b)(2) has been applied to the site
on or since July 20,1993, and if so, the
name of the permitting authority and
the name and phone number of a
contact person at the permitting
authority;
(B) Identification of facilities other
than the applicant's facility that have
sent, or are sending, sewage sludge
subject to the cumulative pollutant
loading rates in 40 CFR 503.13(b)(2) to
the site since July 20,1993, if, based on
the inquiry in paragraph (q)(9)(iv)(A) of
this section, bulk sewage sludge subject
to cumulative pollutant loading rates in
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62583
40 CFR 503.13(b)(2) has been applied to
the site since July 20,1993;
(v) If not all land application sites
have been identified at the time of
permit application, the applicant shall
submit a land application plan that, at
a minimum:
(A) Describes the geographical area
covered by the plan;
(B) Identifies the site selection
criteria;
(C) Describes how the site(s) will be
managed;
(D) Provides for advance notice to the
permit authority of specific land
application sites and reasonable time for
the permit authority to object prior to
land application of the sewage sludge;
and
(E) Provides for advance public notice
as required by State and local law, but
in all cases requires notice to
landowners and occupants adjacent to
or abutting the proposed land
application site;
(10) Surface disposal. If sewage
sludge from the applicant's facility is
placed on a surface disposal site, the
applicant shall provide the following
information:
(i) The total dry metric tons of sewage
sludge from the applicant's facility that
is placed on surface disposal sites per
365-day period;
(ii) The following information for
each surface disposal site receiving
sewage sludge from the applicant's
facility that the applicant does not own
or operate:
(A) The site name or number, contact
person, mailing address, and telephone
number for the surface disposal site; and
(B) The total dry metric tons from the
applicant's facility per 365-day period
placed on the surface disposal site; and
(iii) The following information for
each active sewage sludge unit at each
surface disposal site that the applicant
owns or operates:
(A) The name or number and the
location of the active sewage sludge
unit;
(B) The total dry metric tons placed
on the active sewage sludge unit per
365-day period;
(C) The total dry metric tons placed
on the active sewage sludge unit over
the life of the unit;
(D) A description of any liner for the
active sewage sludge unit, including
whether it has a maximum permeability
of 1 x 10 ~7 cm/sec;
(E) A description of any leachate
collection system for the active sewage
sludge unit, including the method used
for leachate disposal, and any Federal,
State, and local permit number(s) for
leachate disposal;
(F) If the active sewage sludge unit is
less than 150 meters from the property
line of the surface disposal site, the
actual distance from the unit boundary
to the site property line;
(G) The remaining capacity (dry
metric tons) for the active sewage sludge
unit;
(H) The date on which the active
sewage sludge unit is expected to close,
if such a date has been identified;
(I) The following information for any
other facility that sends sewage sludge
to the active sewage sludge unit:
(1) The name, contact person, and
mailing address of the facility; and
(2) Available information regarding
the quality of the sewage sludge
received from the facility, including any
treatment at the facility to reduce
pathogens or vector attraction
characteristics;
(J) Whether any of the vector
attraction reduction options of 40 CFR
503.33(b)(9) through (b)(ll) is met at the
active sewage sludge unit, and a
description of any procedures employed
at the time of disposal to reduce vector
attraction properties in sewage sludge;
(K) The following information, as
applicable to any ground-water
monitoring occurring at the active
sewage sludge unit:
(J) A description of any ground-water
monitoring occurring at the active
sewage sludge unit;
(2) Any available ground-water
monitoring data, with a description of
the well locations and approximate
depth to ground water;
(3) A copy of any ground-water
monitoring plan that has been prepared
for the active sewage sludge unit; and
(4) A copy of any certification that has
been obtained from a qualified ground-
water scientist that the aquifer has not
been contaminated; and
(L) If site-specific pollutant limits are
being sought for the sewage sludge
placed on this active sewage sludge
unit, information to support such a
request;
(11) Incineration. If sewage sludge
from the applicant's facility is fired in
a sewage sludge incinerator, the
applicant shall provide the following
information:
(i) The total dry metric tons of sewage
sludge from the applicant's facility that
is fired in sewage sludge incinerators
per 365-day period;
(ii) The following information for
each sewage sludge incinerator firing
the applicant's sewage sludge that the
applicant does not own or operate:
(A) The name and/or number, contact
person, mailing address, and telephone
number of the sewage sludge
incinerator; and
(B) The total dry metric tons from the
applicants facility per 365-day period
fired in the sewage sludge incinerator;
(iii) The following information for
each sewage sludge incinerator that the
applicant owns or operates:
(A) The name and/or number and the
location of the sewage sludge
incinerator;
(B) The total dry metric tons per 365-
day period fired in the sewage sludge
incinerator;
(C) Information, test data, and
documentation of ongoing operating
parameters indicating that compliance
with the National Emission Standard for
Beryllium in 40 CFR part 61 will be
achieved;
(D) Information, test data, and
documentation of ongoing operating
parameters indicating that compliance
with the National Emission Standard for
Mercury in 40 CFR part 61 will be
achieved;
(E) The dispersion factor for the
sewage sludge incinerator, as well as
modeling results and supporting
documentation;
(F) The control efficiency for
parameters regulated in 40 CFR 503.43,
as well as performance test results and
supporting documentation;
(G) Information used to calculate the
risk specific concentration (RSC) for
chromium, including the results of
incinerator stack tests for hexavalent
and total chromium concentrations, if
the applicant is requesting a chromium
limit based on a site-specific RSC value;
(H) The concentration (ppm) of total
hydrocarbons (THC) or Carbon
Monoxide (CO) in the exit gas for the
sewage sludge incinerator, as well as
supporting documentation, both before
and after correction for zero percent
moisture and correction to seven
percent oxygen as required in 40 CFR
503.44;
(I) The oxygen concentration in the
sewage sludge incinerator stack exit gas;
(J) Information used to determine the
moisture content of the sewage sludge
incinerator stack exit gas;
(K) The type of sewage sludge
incinerator;
(L) The combustion temperature, as
obtained during the performance test of
the sewage sludge incinerator to
determine pollutant control efficiencies;
(M) The following information on
sewage sludge feed rate:
(1) Sewage sludge feed rate in dry
metric tons per day;
(2} Identification of whether the feed
rate submitted is average use or
maximum design; and
(3) A description of how the feed rate
was calculated;
(N) The incinerator stack height in
meters for each stack, including
identification of whether actual or
creditable stack height was used;
-------
62584 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
(O) The operating parameters for the
sewage sludge incinerator air pollution
control device(s), as obtained during the
performance test of the sewage sludge
incinerator to determine pollutant
control efficiencies;
(P) Identification of the monitoring
equipment in place, including (but not
limited to) equipment to monitor the
following:
(1) Total hydrocarbons or Carbon
Monoxide;
(2) Percent oxygen;
(3) Percent moisture; and
(4) Combustion temperature; and
(Q) A list of all air pollution control
equipment used with this sewage sludge
incinerator;
(12) Disposal in a municipal solid
waste landfill. If sewage sludge from the
applicant's facility is sent to a
municipal solid waste landfill
(MSWLF), the applicant shall provide
the following information for each
MSWLF to which sewage sludge is sent:
(i) The name, contact person, mailing
address, location, and all applicable
permit numbers of the MSWLF;
(ii) The total dry metric tons per 365-
day period sent from this facility to the
MSWLF;
(iii) A determination of whether the
sewage sludge meets applicable
requirements for disposal of sewage
sludge in a MSWLF, including the
results of the paint filter liquids test and
any additional requirements that apply
on a site-specific basis; and
(iv) Information, if known, indicating
whether the MSWLF complies with
criteria set forth in 40 CFR Part 258;
(13) Contractors. All applicants shall
provide the name, mailing address,
telephone number, and responsibilities
of all contractors responsible for any
operational or maintenance aspects of
the facility;
(14) Other information. At the request
of the permitting authority, the
applicant shall provide any other
information necessary to determine the
appropriate standards for permitting
under 40 CFR part 503, and shall
provide any other information necessary
to assess the sewage sludge use and
disposal practices, determine whether to
issue a permit, or identify appropriate
permit requirements; and
(15) Signature. All applications shall
be signed by a certifying official in
compliance with § 122.22.
7. Part 122 is amended by adding
Appendix J to read as follows:
Appendix J to Part 122—NPDES Permit
Testing Requirements for Publicly
Owned Treatment Works (§ 122.21(j))
and Treatment Works Treating
Domestic Sewage (§122.21(q))
Table 1—Effluent Parameters for All
POTWS
Ammonia (as N) .
Biochemical oxygen demand (BOD-5 or
CBOD-5)
Chlorine (total residual, TRC)
Dissolved oxygen
E. Coli
Enterococci
Fecal coliform
Flow Rate
Hardness (as CaCOs)
Kjeldahl nitrogen
Nitrate/Nitrite
Oil and grease
PH
Phosphorus
Temperature
Total dissolved solids
Total suspended solids
Table 2—Effluent and Sewage Sludge
Parameters for Selected POTWS and
Treatment Works Treating Domestic
Sewage
Metals (Total Recoverable), Cyanide and
Total Phenols
Antimony
7440-36-0
Arsenic
7440-38-2
Beryllium
7440-41-7
Cadmium
7440-43-9
Chromium
7440-47-3
Copper
7440-50-8
Lead
7439-92-1
Mercury
7439-97-6
Nickel
7440-02-0
Selenium
7782-49-2
Silver
7440-22-4
Thallium
7440-28-0
Zinc
7440-66-6
Cyanide
57-12-5
Phenols, total
Volatile Organic Compounds
Acrolein
107-02-8
Acrylonitrile
107-13-1
Benzene
271-43-2
Bromoform
75-25-2
Carbon tetrachloride
56-23-5
Chlorobenzene
108-90-7
Chlorodibromomethane
124-48-1
Chloroe thane
75-00-3
2-chloroethylvinyl ether
110-75-8
Chloroform
67-66-3
Dichlorobromomethane
75-27-4
1,1-dichloroethane
75-34-3
1,2-dichloroethane
107-06-2
Trans-1,2-dichloroethylene
156-60-5
1,1- dichloroethylene
75-35-4
1,2-dichloropropane
78-87-5
1,3-dichloropropene
542-75-6
Ethylbenzene
100-41-4
Methyl bromide
74-83-9
Methyl chloride
74-87-3
Methylene chloride
75-09-2
1,1,2,2-tetrachloroethane
630-20-6
Tetrachloroethylene
127-18-4
Toluene
108-88-3
1,1,1-trichloroethane
71-55-6
1,1,2-trichloroethane
79-00-5
Trichloroethylene
79-01-6
Vinyl chloride
75-01-4
Acid-extractable compounds
P-chloro-m-cresol
59-50-7
2-chlorophenol
95-57-8
2,4-dichlorophenol
120-83-2
222,4-dimethylphenol
105-67-9
4,6-dinitro-o-cresol
534-52-1
2,4-dinitrophenol
51-28-5
2-nitrophenol
887-5-5
4-nitrophenol
100-02-7
Pentachlorophenol
87-86-5
Phenol
108-295-2
2,4,6-trichlorophenol
88-06-2
Base-Neutral Compounds
Acenaphthene
83-32-9
Acenaphthylene
208-96-8
Anthracene
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62585
120-12-7
Benzidine
92-87-5
Benzo(a)anthracene
56-55-3
Benzo(a)pyrene
50-32-8
3,4 benzofluoranthene
205-99-2
Benzo(ghi)perylene
191-24-2
Benzo(k)fluoranthene
207-08-9
Bis (2-chloroethoxy) methane
111-91-1
Bis (2-chloroethyl) ether
111-44-4
Bis (2-chloroisopropyl ether
108-60-1
Bis (2-ethylhexyl) phthalate
117-81-7
4-bromophenyl phenyl ether
101-55-3
Butyl benzyl phthalate
85-68-7
2-chloronaphthalene
91-58-7
4-chlorophenyl phenyl ether
7005-72-3
Chrysene
218-D1-9
Di-n-butyl phthalate
84-74-2
Di-n-octyl phthalate
117-84-0
Dibenzo(a,h)anthracene
53-70-3
1,2-dichlorobenzene
95-50-1
1,3-dichlorobenzene
541-73-1
1,4-dichlorobenzene
106-46-7
3,3'-dichlorobenzidine
91-94-1
Diethyl phthalate
84-66-2
Dimethyl phthalate
131-11-3
2,4-dinitrotoluene
121-14-2
2,6-dinitrotoluene
606-20-2
1,2-diphenylhydrazine
122-66-7
Fluoranthene
206-44-0
Fluorene
86-73-7
Hexachlorobenzene
118-74-1
Hexachlorobutadiene
87-68-3
Hexachlorocyclopentadiene
77-47-4
Hexachloroe thane
67-72-1
Indeno(l ,2,3-cd)pyrene
193-39-5
Isophorone
78-59-1
Naphthalene
91-20-3
Nitrobenzene
98-95-3
N-nitrosodi n-propylamine
621-64-7
N-nitrosodimethylamine
62-75-9
N-nitrosodiphenylamine
86-30-6
Phenanthrene
85-01-8
Pyrene
129-00-0
1,2,4,-trichlorobenzene
120-82-1
Table 3—Other Effluent and Sewage
Sludge Parameters for Treatment
Works Treating Domestic Sewage and
Selected POTWS
Metals
Molybdenum
7439-98-7
Pesticides
Aldrin
309-00-2
Alpha-BHC
319-84-6
Beta-BHC
319-85-7
Delta-BHC
319-86-8
Gamma-BHC
58-89-9
Chlordane
57-74-9
4,4'-DDD
72-54-8
4,4'-DDE
72-55-9
4,4'-DDT
50-29-3
Dieldrin
60-57-1
Alpha-endosulfan
959-98-8
Beta-endosulfan
33213-65-9
Endosulfan sulfate
1031-07-8
Endrin
72-20-8
Endrin aldehyde
7421-93-4
Heptachlor
76-44-8
Heptachlor epoxide
1024-57-3
PCB-1016 (Aroclor 1016)
12674-11-2
PCB-1221 (Aroclor 1221)
11104-28-2
PCB-1232 (Aroclor 1232)
11141-16-5
PCB-1242 (Aroclor 1242)
53469-21-9
PCB-1248 (Aroclor 1248)
12672-29-6
PCB-1254 (Aroclor 1254)
11097-69-1
PCB-1260 (Aroclor 1260)
11096-82-5
Toxaphene
8001-35-2
Other
2,3,7,8-tetrachlorodibenzo-p-dioxin(TCDD)
1746-01-6
PART 123—STATE PROGRAM
REQUIREMENTS
8a. The authority citation for part 123
continues to read as follows:
Authority: Clean Water Act, 33 U.S.C. 1251
8b. 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), (m) through (p), and (q)—
(Application for a permit);
PART 403—GENERAL
PRETREATMENT REGULATIONS FOR
EXISTING AND NEW SOURCES OF
POLLUTION
9. The authority citation for part 403
continues to read as follows:
Authority: Sec. 54(c)(2) of the Clean Water
Act of 1977, (Pub. L. 95-217) sections
204(b)(l)(C), 208(b)(2)(C)(iii), 301(b)(l)(A)(ii),
301(b)(2)(C), 301(h)(5), 301(i)(2), 304(e),
304(g), 307, 308, 309, 402(b), 405, and 501(a)
of the Federal Water Pollution Control Act
(Pub. L. 92-500) as amended by the Clean
Water Act of 1977 and the Water Quality Act
of 1987 (Pub. L. 100-^).
10. Section 403.8 is amended by
revising paragraph (f)(4) to read as
follows:
§403.8 Pretreatment Program
Requirements: Development and
Implementation by POTW.
*****
(f)* * *
(4) The POTW shall:
(i) Develop local limits as required in
§403.5(c)(l), or demonstrate that they
are not necessary; and
(ii) Following permit issuance or
reissuance, provide a written technical
evaluation of the need to revise local
limits under 40 CFR 403.5(c)(l).
PART 501—STATE SLUDGE
MANAGEMENT PROGRAM
REGULATIONS
11. The authority citation for part 501
continues to read as follows:
Authority: Clean Water Act, 33 U.S.C. 1251
et seq.
12. Section 501.15 is amended by
removing the reference
"§ 501.15(a)(2)(ix)" in paragraphs (d)(4)
introductory text, (d)(4)(i)(C), and
(d)(5)(ii)(B) and adding in its place
"§ 122.21(q)(9)(v)", and by revising
paragraph (a)(2) to read as follows:
-------
62586 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
.
(2) Information requirements. All paragraph (d)(l)(ii) of this section. BILLING CODE weo-so-p
treatment works treating domestic *****
sewage shall submit to the Director the
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62587
iii O
lii
III
2S1
™
«
£ .52
<
c\i
.S
1
ra
o.
x
0>
I
•c
o
to
I
o
^
Q)
'v
oc
i en
a-s
Q.
a 2 »
2 S £
)*4 a> ~
TJ .<» T5
£ $ ®
H- S CO
t- CM n
Ul
<3
£
o
o
GL
i
ui
O
Ul
12
2
QL
I
2
IU
I
-------
62588 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62589
1
1
I
I
a
I
II
I
2 la
i
•5
c-
tn
o
I
"5
I
S
5
5
-2
i.s z.
Is
>.«
I
I
1
V
•5
I
i
o
1
o
I.. *
•* a #
il |
if 1
Q.
fe
3 .
15
s
t
3 «•-
«w
I3
°I
°i
»s
it
P
I«
1^
8 S
15
Is
2 c
*-8
S a
S £
1
M I
II
=6 o
t 8
a
"3
o>
I
o
CM
111
O
s
n
z
•a.
I
1 I
w
!i
I!
s|
ll.
if:
I!!
rtj
i;1
UI
i
•Si
*4I
in
S*
o-g
ll
i«
P.
I!
ii
•*• D Ll.
§1&
l|l
fefS
III
M 0 5
2*8
*J|
|l|
x
§.
O O
i I
I
3-
II
JJ
i- 1
it
&
S
i
I
S f
I i
To
S
I
I
-------
62590 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
1
II
9!
2J
i
I
I
I i
8
I
1
«0
t I
I IS-
»
I s
I I $
* l
5 —
£ o
t I
CM
S
O
rj
i
O
«
J
&
s
1
6
1
I
I
S
0>
p
I
O. c
CD-I
So*
I O <»
I i II
5 5 o I
I
£
a
£•
.
I i
I
£
UJ
a
i
i
I
i
m
m
i
2
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62591
-------
62592 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62593
-------
62594 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
•s
12
-si
.*!
to
cc
UJ
$ D D DD
V
-5
a
.1
re
|
.1
s
o
in
re
m
1 Q
0>
,"' *
"UU"
Q.
-------
FACILITY NAME:
NPDES PERMIT NUMBER:
Form Approved
OMB Number
Approval Expires XX-XX-XX
EPA ID NUMBER:
(for official use only)
FORM
2A
NPDES
- , ^
'-SUPPLEMENTAL APPLICATION INFOftMATION
APPLICATION OVERVIEW
Form 2A has been developed in a modular format and consists of a "Basic Application Information" packet and a "Supplemental Application Information"
packet. All applicants must complete the Basic Application Information packet. Some applicants also must complete portions of the Supplemental Application
Information packet. To obtain the Supplemental Application Information packet, contact your permitting authority. The following items explain which parts of
Form 2A you must complete.
Q.
I
BASIC APPLICATION INFORMATION:
V.
All applicants must complete the Basic Application Information
packet.
SUPPLEMENTAL APPLICATION INFORMATION; .
?
A. Expar Jed Effluent Testing Data. A treatment works that discharges
effluc rt to surface waters of the United States and meets one or more of
the following criteria must complete Part A (Expanded Effluent Testing
Data) of the Supplemental Application Information packet:
1. Has a design flow rate 2 1 mgd, QI
2. Is required to have a pretreatment program (or has one in place), QI
3. Is otherwise required by the permitting authority to provide the
information.
B. Toxlclty Testing Data. A treatment works that meets one or more of the
following criteria must complete Part B (Toxicity Testing Data) of the
Supplemental Application Information packet:
1. Has a design flow rate > 1 mgd, 01
2. Is required to have a pretreatment program (or has one in place), QI
3. Is otherwise required by the permitting authority to submit results of
toxicity testing.
D.
Industrial User Discharges, Pretreatment,and RCRA/CERCLA Wastes
A treatment worfas that accepts process wastewaler from any significant
industrial users (SlUs) or receives RCRAor CERCLA wastes must
complete Part f (Industrial User Discharges, Pretreatment and RCRA/
CERCLA Wastes) of the Supplemental Application Information packet.
SlUs are defined as:
1. Afl industrial users subject to Categorical Pretreatment Standards under
40 Code of Federal Regulations (CFR) 403.6 and 40 CFR Chapter I,
Subchapfer 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 this 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
this treatment plant; or
c. Is designated as a SIU by the control authority.
Refer to the instructions for further explanation.
Combined Sewer Systems. A treatment works that has a combined
sewer system must complete Part D (Combined Sewer Systems) of the
Supplemental Application Information packet.
o
S.
0
CD
CO
g-
v«
s?
n
I
CD
O5
CD
CO
On
5
o
o
50
CD"
CO
CJ
to
VI
CO
01
REMINDER: MAKE SUfiE YOU SIGN THE CERTIFICATION ON PAGE 7
- 5 OF THE BASIC APPLICATION INFORMATION PACKET.
CDA Cnrm lMn-9A fPov fl-OS) Ppolafifls EPA Forms 7550-6 & 7550-22.
-------
62596 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
1
Q
CO
Ui
u.
u.
Ui
O
UI
Q
i
x
UI
g
r
lit*-
ins
*"5
\£
ill.
Hi
5
5
Q £
|
s
IT)
K
1C
a
UJ
C5
i
a
LL
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62597
X
><
^
£
•g |
lif
j
ill
££•
5 <•>
CD Q>
S S
Z -S
2 J
cc
Ul
o
i
K
cc
CO
0
FACIUTY NAME:
9
S
a
1
1
o
1
a
3
S
I
a
1
-
lili
2
5
X
5
it
i
^
•^
1
!
§
i on other
F
J5
*
§
£
I
•5
£
S
a
0.
M
.2
I
<
to
i
j
J
1
u
»
=1
JJ
1
1 1
; ri
1
i?
i ^
O r-
}
\ w
i CM
is
4J
3
0
1
I
1
£J
i«?
: co
1
i
M
i
I
i
CHLORODIBROMOMETHANE
124-48-1
CHLOROETHANE
75-00-3
2-CHLOROETHYLVINYL
ETHER 1 10-75-8
CHLOROFORM
67-66-3
DICHLOROBROMOMETHAN E
75-27-4
j
I
u
>
> to
1,2-DICHLOROETHANE
107-06-2
1HANS-1.2-DICHLORO-
| ETHYLENE 156-60-5
-------
Form Approved
FACILITY NAME:
NPDES PERMIT NUMBER:
EPA ID NUMBER:
(for official use only)
OMB Number
Approval Expires XX-XX-XX
Oirtfall m.mhar (f.nmplptR qimstion A.I ones for each WM discharaina effluent to waters pf the United States.)
POLLUTANT
CAS REGISTRY NUMBER
MAXIMUM DAILY DISCHARGE
Cone.
'Units
Mass
Unto -
AVERAGE DAILY DISCHARGE
Cone,
Units
Mat*
:: Unit*
NumbetoJ
Sampis*
ANALYTICAL
METHOD
MUMOL
VOLATILE ORGANIC COMPOUNDS, (confd)
1,1- DICHLOROETHYLENE
75-35-4
1.2-DICHLoRoPROPANE
78-87-5
1.3-DICHLOROPROPENE
542-75-6
ETHYLBENZENE
100-41-4
METHYL BROMIDE
74-83-9
METHYL CHL6RIDC
74-87-3
METHYLENE CHLORIDE
75-09-2
1 ,1,2.2-TETRACHLOROETHANE
79-34-5
TETHACHLOROETHYLENE
127-18-4
TOLUENE
108-88-3
1 ,1.1-TRICHLOROETHANE
71-55-6
t ,t,2-TRtCHLOROETHANE
79-0^-5, ,„
TRICHLQROETHYLENE
79-01-6
VINYL CHLORIDE
75-01-4
...
• 1:
,„,,,,,„
.,,.::
,
Use this space (or a separate sheet) to provide information on other volatile organic compounds requested by the permit writer.
ACID-EXTRACTABLE COMPOUNDS.
p-cHL6R6-M-CReS6L
59-50-7
2-CHLOROPHENOL
95-57-8
2,4-DICHLOROPHENOL
1 20-83-2
2,4- DIMETHYLPHENOL
105-67-9
O)
to
U1
CD
00
•fl
n
P-
I
I
o
"Z
o
Ctl
D-
CO
CO
g-
o
8
CD
3
O5
CO
CO
01
Tl
O
O
CO
CD
I
CD*
CO
EPA Form 3510-2A (Rev. 9-95) Replaces EPA Forms 7550-6 A 7550-22.
PAGE 3 Of 6
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62599
In
Q '
•*2
ISE9
* Q
21*
5 3? SI
i
5
LS1
u
a
>-
X
2>*?
0><
O «? cT»
N nN c\i
Z
-------
62600 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
lii
J81
>** ^v •-'•
LHYL)
-8
xS^
in :__ ^ *w
||S
UI
~x
coS
coo.
5>c4d>KuJOn
DI-N-BUTYL PH
84-74-2
DI-N-OCTYL PHTHALATE
117-84-0
I T-
'II
^KX
*>,- =
« Oi Q
i«
IETH
4-66-
[L
*ii
.4-DINI
21-14-2
is
«
(O
O
in
UJ
•a
to
S:
UI
x ^-:
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62601
w
I
o.
PO
HYC
-4
CHLO
ADIE
J*
!ui uj,i
n
>•
t
§
CM'
h
Q8
HTHALEN
20-3
NIT
98-95-3
/621
NI
P
(C Z i
j!
j
!9E^
1
a
-------
62602 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
o
O
I
g
I? I
•K
8.
o
.£
f
£
§
0)
O
£
i
co
ui
1
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62603
2 E
§ i
5. t5
i *
:
I
I
I
1
.£
1
I
I
£
I
t
j
!
f
-------
62604 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
1
Ul
I
I
Q
o
o
o
1
I
Sv-l
n
o
i
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62605
IS
If
i
2
t
I
1
i
£
i
!
ii
lit
o
I
,8
&
I
!
s
1 !
i i
H i
!i ,
d
3
6
3 ?
ii
55
II
d
13
! i
§5 i
i i
LU
c
0.
s
-------
62606 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
a a
II
! g
if
I
I, .E
! E
i
o -6
til
I ii
I $.=
.E IE
C* ffi
§ £
•i £
S
££•
J I I
!?»
;ii
££
M
iff!
ill
iJS
;||
III
il
e S
-•i
i
S ?
*
I I
i s
J 1
1 |
M
11
i
?«
II
it
s =
•O cb
A M
II
u
iL
^
18.
ES,
II!
ill
I I
M
S.
o
I
o
££
S
1
I I
f»
0
111
O
S
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62607
I I
I
I
1
! * f I
lit!
1
III
i
s
a. .s
[1
1
1
I
1
ts
o
ui
5
O
rt
111
O
Q.
-------
62608 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
Ul *
flO i
•s
• K
i
• IB
i
£
te B
-S -
cy
d
I
; 1
*• * s
o>
6
I o g,
ill
i
1
I
•5
.
i
1!
11
a
!l
^
I
i:
I
a
'J
"I
P
I A
3
•
s^yj^a^
•3C £C'
;-fl2?'
^i^
I
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62609
2
§
CM
O
I
a
6
-------
62610 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
1
11
g
o
CD
Z w
o
t
00
1
i
9
M
J
o-g 3
III
f!f
III
I I
u
i
£
t>
2
I
?
I
I !
1
I
.s
a
I
c
8.
II
w
J
IB
29**
J i
, i I
s
^
- ;5tflc
|U O
^Su-
* v DC tin
''- * tu O
:\'- ^^2
5'''''••'•'• (ft iC
ri: 5^
S^
£ |
4/3 iSO
fe: s»0|5
&*£
' ' ,w flP -2E
%.'';'"- lit *
HJs
•5
o
C4
O
ex
I
BILUNQ CODE 6560-60-C
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62611
Instructions For Completing Form 2A
Application For a NPDES Permit
Background Information
Each wastewater treatment works that
discharges treated effluent to waters of
the United States must apply for a
permit for its discharges. This
permitting requirement is part of the
National Pollutant Discharge
Elimination System (NPDES) program,
which is implemented by the U.S.
Environmental Protection Agency
(EPA). You can obtain a permit for your
treatment works by filling out and
sending in the appropriate form(s) to
your permitting authority. If the State in
which your treatment works is located
operates its own NPDES program, then
the State is your permitting authority
and you should ask your State for
permit application forms. On the other
hand, if EPA operates the NPDES
program in your State, then EPA is the
permitting authority, and you must fill
out and send in Form 2A.
These instructions explain how to fill
out each question in Form 2A. Be sure
to read the Application Overview
section on the cover page of Form 2A
before you start filling out the form. Not
every applicant will have to fill out
every section of Form 2A. The
Application Overview section will help
you determine which portions of Form
2A apply to your treatment works.
EPA has developed Form 2A in a
modular format, consisting of two
packets: The Basic Application
Information packet and the
Supplemental Application Information
packet. At a minimum, all applicants
must complete the Basic Application
Information packet, which contains
questions 1-19. As directed by the
Application Overview section on page 1
of the form, certain applicants will also
need to complete one or more parts of
the Supplemental Application
Information packet.
Commonly Asked Questions
What If I Need More Space for My
Answer?
Some questions on Form 2A require
you to write out short answers. If you
need more room for your answer than is
provided on the form, attach a separate
sheet called "Additional Information."
At the top of the separate sheet, put the
name of your plant, your plant's NPDES
permit number, and the number of the
outfall that you are writing about. Also,
next to your answer, put the question
number (from Form 2A). Provide this
information on any drawings or other
papers that you attach to your
application as well.
Will the Public Be Able to See the
Information I Submit?
Any information you submit on Form
2A will be available to the public. If you
send in more information than is
requested on Form 2A that is considered
company-privileged information, you
may ask EPA to keep that extra
information confidential. Note that you
cannot ask EPA to keep effluent data
confidential. If you want any of your
plant's information to be confidential,
tell EPA this when you submit your
application. Otherwise, EPA may make
the information public without letting
you know in advance. For more
information on claims of confidentiality,
see EPA's business confidentiality
regulations at Title 40, Part 2 of the
Code of Federal Regulations (CFR).
How Do I Complete the Forms?
Answer every question on Form 2A
that applies to your treatment works. If
your answer to a question requires more
room than there is on the form, attach
additional sheets (see above). If a
particular question does not apply to
your treatment works, write "N/A"
(meaning "not applicable") as your
answer to that question. If you need
advice on how to fill out these forms,
write or contact your EPA Regional
Office or your State office at the
following address:
Completing Form 2A
Facility Name and NPDES Permit
Number
At the top of each page of Form 2A,
put your plant's name and NPDES
permit number (if you already have
been assigned one) in the appropriate
boxes. Also put this information on the
top of any "Additional Information"
sheets you attach. Do not write anything
in the space marked "EPA ID Number."
As stated above, Form 2A consists of
two packets: the Basic Application
Information packet and the
Supplemental Application Information
packet. These instructions provide
directions for completing both of these
packets.
Basic Application Information Packet
Paperwork Reduction Act Notice: The
public reporting and recordkeeping burden
for this collection of information (the Basic
Application Information Packet) is estimated
to average 5.3 hours per response. This
estimate includes the time needed to review
instructions; develop, acquire, install, and
utilize technology and systems for the
purposes of collecting, validating, and
verifying information, processing and
maintaining information, and disclosing and
providing information; adjust the existing
ways to comply with any previously
applicable instructions and requirements;
train personnel to respond to a collection of
information; search existing data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information. An Agency may not
conduct or sponsor, and a person is not
required to respond to a collection of
information unless it displays a currently
valid OMB control number.
Send comments regarding the burden
estimate or any other aspect of this collection
of information, including suggestions for
reducing the burden, to Chief, OPPE
Regulatory Information Division, U.S.
Environmental Protection Agency (2136), 401
M St., S.W., Washington, DC 20460; and to
the Office of Information and Regulatory
Affairs, Office of Management and Budget,
725 17th St., N.W., Washington, DC 20503,
Attention: Desk Officer for EPA. Include the
OMB control number in any correspondence.
Do not send the completed application form
to these addresses.
All applicants must complete the
Basic Application Information packet,
which consists of questions 1-19. Note
that some questions in this packet may
not apply to your treatment works. For
these questions, write "N/A" in the
response space.
Application Overview
Read the Application Overview before
completing any of Form 2A. This
section will help you determine which
questions and parts of Form 2A apply to
your facility. Note that the permitting
authority may require you to complete
certain questions or provide additional
information as well.
As stated above, all applicants must
complete the Basic Application
Information packet. However, only
certain types of applicants will need to
complete the Supplemental Application
Information packet. Refer to the
directions in the Application Overview
section on Form 2A to determine which
parts of the Supplemental Application
Information packet you need to
complete.
Treatment Works
1. Facility Information
Provide your plant's official or legal
name. Do not use a nickname or short
name. Also provide your plant's mailing
address, a contact person at the plant,
his/her title, and that person's work
telephone number. The contact person
should be someone who has a thorough
understanding of the operation of your
treatment works. The permitting
authority may call this person if there
are questions about the application.
Also provide the actual facility address
(if different than the mailing address).
The facility location should be a street
address (not a Post Office box number)
-------
62612 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
or other description of the actual
location of the facility. Be sure to
provide the city or county and state in
which your facility is located.
2. Applicant Information
If someone other than the facility
contact person is actually submitting
this application, provide the name and
mailing address of that person's
organization. Also provide the name of
a contact person, his/her title, and his/
her work telephone number. The
permitting authority may call this
person if there are questions about the
application.
In addition, indicate whether this
applicant is the owner or operator (or
both) of the treatment works. If it is
neither, describe the relationship of the
applicant to the treatment works (e.g.,
contractor). Also indicate whether you
want correspondence regarding this
application (phone calls, letters, the
permit, etc.) directed to the applicant or
to the facility address provided in
question 1.
3. Existing Environmental Permits
Provide the permit number of each
currently effective permit issued to the
treatment works for NPDES, UIC, RCRA,
PSD, and any other environmental
program. If you have previously filed an
application but have not yet received a
permit, give the number of the
application, if any. If you have more
than one currently effective permit
under a particular permit program, list
each such permit number. List any other
relevant environmental permits under
"Other." These may include permits
issued under the following programs: (1)
Federal: Ocean Dumping Act, Section
404 of the Clean Water Act, or the
Surface Mining Control and
Reclamation Act; (2) State: new air
emission sources in nonattainment areas
under Part D of the Clean Air Act or
State permits issued under Section 404
of the Clean Water Act; or (3) local: any
applicable local environmental permit
programs.
4. Population
For all the cities, towns, and
unincorporated areas served by your
plant, enter the number of people served
by your plant at the time you complete
this form. If you do not know the
population of each area, then only
provide the total population for your
entire treatment works. If another
treatment works discharges into your
plant, give the name of that other
treatment works and the population it
serves.
5. Flow
7. Inflow and Infiltration
a. Provide your plant's current design
maximum daily influent flow rate.
"Design maximum daily influent flow
rate" means the average amount of
wastewater flow your plant was
designed to receive on a daily basis.
Enter the flow number in million
gallons per day (mgd). Treatment works
with a design flow less than 5 mgd must
provide the design influent flow rate to
two decimal places. Treatment works
that are greater than or equal to 5 mgd
must report this to 1 decimal place. This
is because fluctuations of 0.01 mgd to
.09 mgd in smaller treatment works
represent a significant percentage of
daily flow.
b. Enter the annual average daily flow
rate, in million gallons per day, that
your plant actually treated this year and
each of the past two years for days that
your plant actually discharges. Each
year's data must be based on a 12-month
time period, with the 12th month of
"this year" occurring no more than
three months prior to this application
submittal.
c. Enter the maximum daily flow rate,
in million gallons per day (mgd), that
your plant received this year and each
of the past two years. Each year's data
must be based on a 12-month time
period, with the 12th month of "this
year" occurring no more than three
months prior to this application
submittal.
6. Collection System
Indicate what type of collection
system brings wastewater to your plant.
If you check both of the collection
systems indicated on the form, you must
also provide an estimate of what
percentage (in terms of miles of pipe) of
your entire collection system each type
represents. For example, 80 percent
separate sanitary sewers would mean
that 80 percent of the actual miles of
pipes are separate sanitary sewers (and
20 percent are combined sewers).
• "Separate sanitary sewer" means a
system of pipes that only carries:
(1) Domestic wastewater from
connections to houses, hotels, non-
industrial office buildings, institutions,
or sanitary waste from industrial
facilities.
(2) Industrial wastewater received
through connections to industrial plants
or facilities. This consists of water that
is used in the manufacturing processes
conducted at the facility.
• "Combined storm and sanitary
sewer" means a system of pipes that
carries a mixture of storm water runoff
and sanitary wastewater.
Estimate, in gallons per day (gpd), the
average amount of water that enters the
treatment works through inflow and
infiltration. Also explain any actions
you are taking to correct or decrease
inflow and infiltration.
• "Inflow" means that water enters
the sewer system from the land's surface
in an uncontrolled way. Usually, this
happens when surface water runs in
through unsealed manhole covers. It
may also happen when people illegally
connect their foundation drains, roof
leaders, cellar drains, yard drains, or
catch basins to the sewer system.
• "Infiltration" happens when non-
wastewater seeps into the sewer system
from the ground. Ground water usually
leaks into the sewer system through
defective pipes, pipe joints,
connections, or manholes.
8. Topographic Map
Provide a topographic map or maps of
the area extending at least to one mile
beyond the property boundaries of the
facility which clearly show the
following:
• The area surrounding the treatment
plant, including all unit processes;
• The pipes or other structures
through which wastewater enters the
treatment plant and the pipes or other
structures through which treated
wastewater is discharged from the
treatment plant. Include outfalls from
bypass piping, if applicable;
• Each well where wastewater from
the plant is injected underground;
• Wells, springs, other surface water
bodies, and drinking water wells that
are: (1) Within 1A mile of the property
boundaries of the treatment plant,
and(2) listed in the public record or
otherwise known to you;
• Any areas where the sewage sludge
produced by the treatment plant is
stored, treated, or disposed;
• If the treatment works receives
waste that is classified as hazardous
under the Resource Conservation and
Recovery Act (RCRA) by truck, rail, or
special pipe, show on the map where
that hazardous waste enters the
treatment plant and where it is treated
stored, and/or disposed.
If a discharge structure, hazardous
waste disposal site, or injection well
associated with the facility is located
more than one mile from the plant,
include it on the map, if possible. If not,
attach additional sheets describing the
location of the structure, disposal site,
or well, and identify the U.S. Geological
Survey (or other) map corresponding to
the location.
On each map, include the map scale,
a meridian arrow showing north and
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62613
latitude and longitude at the nearest
whole second. On all maps of rivers,
show the direction of the current, and
in tidal waters, show the directions of
the ebb and flow tides. Use a 7V2 minute
series map published by the U.S.
Geological Survey, which may be
obtained through the U.S. Geological
Survey Offices listed below. If a 7V2
minute series map has not been
published for your facility, then you
may use a 15 minute series map from
the U.S. Geological Survey. If neither a
7Vz minute or 15 minute series map has
been published for your facility site, use
a plat map or other appropriate map,
including all the requested information;
in this case, briefly describe land uses
in the map area (e.g., residential,
commercial).
Maps may be purchased at local
dealers (listed in your local yellow
pages) or purchased over the counter at
the following USGS Earth Science
Information Centers (ESIC):
Anchorage-ESIC, 4230 University Dr., Rm.
101, Anchorage, AK 99508-4664,
(907)786-7011
Lakewood-ESIC, Box 25046, Bldg. 25, Rm.
1813, Denver Federal Center, MS 504,
Denver, CO 80225-0046, (303)236-5829
Lakewood Open Files-ESIC, Box 25286, Bldg.
810, Denver Federal Center, Denver, CO
Menlo Park-ESIC, Bldg. 3, Rm. 3128, MS 532,
345 Middlefield Rd., Menlo Park, CA
94025-3591, (415)329-4309
Reston-ESIC, 507 National Center, Reston,
VA 22092, (703)648-6045
Rolla-ESIC, 1400 Independence Rd., MS 231,
Rolla, MO 65401-2602, (314)341-0851
Salt Lake City-ESIC, 2222 West 2300 South,
Salt Lake City, UT 84119, (801)975-3742
Sioux Falls-ESIC, EROS Data Center, Sioux
Falls, SD 57198-0001, (605)594-6151
Spokane-ESIC, U.S. Post Office Bldg., Rm.
135, 904 W. Riverside Ave., Spokane, WA
99201-1088, (509)353-2524
Stennis Space Center-ESIC, Bldg. 3101,
Stennis Space Center, MS 39529, (601)688-
3541
Washington, D.C.-ESIC, U.S. Dept. of Interior,
1849 C St., NW, Rm. 2650, Washington,
D.C. 20240, (202)208-4047
All maps should be either on paper or
other material appropriate for
reproduction. If possible, all sheets
should be approximately letter size with
margins suitable for filing and binding.
As few sheets as necessary should be
used to clearly show what is involved.
Each sheet should be labeled with your
facility's name, permit number, location
(city, county, or town), date of drawing,
and designation of the number of sheets
of each diagram as "page of ."
9. Process Flow Diagram or Schematic
Provide a process flow diagram or
schematic that shows how wastewater
flows through your plant. On your
diagram, include all bypass piping.
"Bypass piping" is a system of pipes,
conduits, gates, and valves that can be
used to intentionally divert wastewater
flow from any part of your plant directly
to a discharge point. A bypass happens
before the wastewater has been fully
treated. Title your diagram "Schematic
Wastewater Flow." An example of a
diagram or schematic is shown in Figure
A below. Also write a brief description
of your diagram.
In addition to the diagram, provide a
water balance that shows the following
items:
• All treatment units. Treatment units
include all processes used to treat
wastewater, such as chlorination and
dechlorination units.
• The daily average flow rate (in mgd)
that has entered your plant and that has
been discharged from your plant over
the past 12 months.
• The daily average flow rate (in mgd)
between treatment units in your facility
for the past 12 months.
Figure A—Process Flow Diagram
If possible, submit diagrams that are
approximately letter size (SVixll
inches) and leave blank room at the
edges so the permitting authority can
file or bind the diagram(s) with your
application. Submit the fewest number
of diagrams that show the whole area.
Label all of your plant's discharge
points with their outfall numbers. At the
top of each sheet, write your plant's
name, NPDES permit number, location
(city, county, or town), the date you
made the diagram, and the number of
each diagram sheet as "page of
" (e.g., page 2 of 4).
10. Bypass
A "bypass" is the intentional
diversion of wastewater (e.g., through an
arrangement of pipes, conduits, gates,
and/or valves) from any portion of your
treatment plant to a discharge point
before that wastewater is fully treated.
Bypasses are prohibited unless the
criteria in 40 CFR 122.41(m) are
satisfied. For questions 10.a-10.c.,
provide information on both wet
weather and dry weather bypasses if the
treatment plant has the ability to bypass
untreated or partially treated
wastewater.
a. Provide the number of bypass
incidents that occurred at your plant
during the past 12 months. Indicate
whether this is an actual or approximate
number.
b. Provide the average number of
hours that each bypass lasted during the
past 12 months. Indicate whether this is
an actual or approximate number.
c. Provide the average volume (in
million gallons) of the bypasses over the
past 12 months. The average volume is
the total number of gallons that were
diverted from your plant divided by the
number of bypasses. Indicate whether
this is an actual or approximate number.
d. Describe why bypasses happen at
your plant.
e. Provide information regarding the
presence and use of backup generators
at your plant.
11. Discharges and Other Disposal
Methods
a. Indicate whether your treatment
works discharges effluent to waters of
the United States. If the answer to 11.a.
is "No," then go to ll.b.
List the number of each type of outfall
to waters of the United States your
treatment works has. If your plant has
outfalls (other than bypass points) that
discharge something other than treated
sanitary effluent, give the total number
of these outfalls and describe what type
of effluent is discharged through them.
Note: If your treatment works discharges to
waters of the United States, then you must
also complete the following sections of Form
2A:
• Questions 15-18;
• Refer to the Application Overview
section to determine whether you must also
complete the Effluent Testing Information in
Part A of the Supplemental Application
Information packet.
b. A surface impoundment with no
point source discharge (to waters of the
U.S.) is a holding pond or basin that is
large enough to contain all wastewaters
discharged into it. It has no places
where water overflows from it. It is used
for evaporation of water and very little
water seeps into the ground. Your plant
must report the location of each surface
impoundment, on average how much
water is placed in the impoundment
each day, and how often water is
discharged into the surface
impoundment (continuous or
intermittent). If your plant discharges to
more than one surface impoundment,
use an additional sheet (or sheets) to
give this information for each
impoundment. Attach the additional
sheet(s) to the application form. The
information on the location of the
surface impoundment may be
referenced on the topographic map
prepared under question 8.
c. Land application is the spraying or
spreading of treated wastewater over an
area of land. If your plant applies
wastewater to land, you must list the
site location, how many acres the site is,
how much water is applied (as annual
average daily application), and how
often the wastewater is applied to the
site (continuous or intermittent). If your
plant applies wastewater to more than
-------
62614 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
one site, provide the information for
each site on a separate sheet (or sheets).
Attach the additional sheet(s) to your
application form. The information on
the location of the surface
impoundment may be referenced on the
topographic map prepared under
question 8.
d. If your plant discharges treated or
untreated wastewater to another
treatment works (including a municipal
waste transport or collection system),
provide the information requested in
question 11.d. If your plant sends
wastewater to more than one treatment
works, provide this information for each
treatment works on an additional sheet
(or sheets). Attach the additional
sheet(s) to your application form.
Describe how the wastewater is
transported to the other treatment
works. Also provide the name and
mailing address of the company that
transports your plant's wastewater to
this treatment works as well as the
name, phone number, and title of the
contact person at the transportation
company-
Provide the name and mailing address
of each treatment works that receives
wastewater from your plant as well as
the name, phone number, and title of
the contact person at the treatment
works that receives your plant's
wastewater. Also, provide the NPDES
number for the treatment works, if you
know it. Indicate the average daily flow,
in million gallons per day, that is sent
from your plant to the other treatment
works.
e. Indicate whether your treatment
works discharges, or has the potential to
discharge, through combined sewer
overflows. If your response to this
question is "Yes," then you must also
complete Part D of the Supplemental
Application Information packet.
f. If your plant disposes of its
wastewater in some way that was not
described by ll.a.-ll.e., briefly describe
how your plant discharges or disposes
of its wastewater. Also give the annual
daily volumes disposed of this way and
indicate whether the discharge is
continuous or intermittent. Other ways
to discharge or dispose include
underground percolation and well
injection.
12. Federal Indian Reservation
Federal Indian Reservation means all
land within the limits of any Indian
reservation under the jurisdiction of the
United States Government
notwithstanding the issuance of any
patent, and including rights-of-way
running through the reservation.
Indicate whether your plant is located
on (i.e., within the limits of) a Federal
Indian Reservation and whether the
water body into which your plant
discharges flows through a Federal
Indian Reservation after it receives your
plant discharge. If you mark "Yes" for
either of these questions, describe
which parts of your plant are located on
a Federal Indian Reservation or indicate
how far upstream from a Federal Indian
Reservation your plant's discharge is.
13. Operation/Maintenance Performed
by Contractor(s)
If a contractor carries out any
operational or maintenance aspects
associated with wastewater treatment or
effluent quality at this facility, provide
the name, mailing address, and
telephone number of each such
contractor. Also provide a description of
the activities performed by the
contractor. Attach additional pages if
necessary.
14. Scheduled Improvements,
Schedules of Implementation
Provide information on any
improvements to your treatment works
that you are currently planning. Include
only those improvements that will affect
the wastewater treatment, effluent
quality, or design capacity of your
treatment works (such improvements
may include regionalization of
treatment works). Also list the schedule
for when these improvements will be
started and finished. If your treatment
works has more than one improvement
planned, use a separate sheet of paper
to provide information for each one.
a. List each outfall number that is
covered by the implementation
schedule. The outfall numbers you use
must be the same as the ones provided
under question 15.
b. Indicate whether the planned
improvements or implementation
schedules are required by or planned
independently of any local, state, or
Federal agencies.
c. Provide a brief description of the
improvements to be made for the
outfalls listed in question 14.a.
d. If you are submitting Form 2 A for
a renewal of an existing NPDES permit
and you plan to change your treatment
works' influent design flow rate, then
provide the proposed new maximum
daily influent design flow rate in mgd.
e. Provide the information requested
for each planned improvement. Supply
dates for the following stages of any
compliance schedule. For
improvements that are planned
independently of local, State, or Federal
agencies, indicate planned or actual
completion dates, as applicable. If a step
has already been finished, give the date
when that step was completed.
• "Begin Construction" means the
date you plan to start construction.
• "End Construction" means the date
you expect to finish construction.
• "Begin Discharge" means the date
that you expect a discharge will start.
• "Attain Operational Level" means
the date that you expect the effluent
level will meet your plant's
implementation schedule conditions.
f. Note whether your treatment works
has received appropriate permits or
clearances that are required by other
Federal or State requirements. If you
have received such permits, describe
them.
Note: If this treatment works discharges
treated wastewater to waters of the United
States, go to question 15. If this treatment
works does not discharge treated wastewater
to waters of the United States, do not
complete questions 15-18. Instead, go to
question 19 (Certification Statement). (You
may also be required to complete portions of
the Supplemental Application Information
packet.)
Effluent Discharges
Answer questions 15-17 once for
each outfall through which your
treatment works discharges effluent to
surface waters of the United States. Do
not include information about combined
sewer overflow discharge points.
Surface water means creeks, streams,
rivers, lakes, estuaries, and oceans. If
your treatment works has more than one
outfall, copy and complete questions
15-17 once for each outfall.
15. Description of Outfall
a.-e. Give the outfall number and its
location. For location, provide the city
or town (if applicable); ZIP code; the
county; the state; and the latitude and
longitude to the nearest second. If this
outfall is a subsurface discharge (e.g.,
into an estuary, lake, or ocean), indicate
how far the outfall is from shore and
how far below the water's surface it is.
Measure the distances in feet. Give these
distances at the lowest point of low tide.
Also provide the average daily flow rate
in million gallons per day.
f. Mark whether this outfall is a
periodic or intermittent discharge. A
"periodic discharge" is one that
happens regularly (for example,
monthly or seasonally), but is not
continuous all year. An "intermittent
discharge" is one that happens
sometimes, but not regularly. Discharges
from holding ponds, lagoons, etc., may
be included as periodic or intermittent.
Do not include discharges from bypass
points or combined sewer overflows in
your answer. Give the number of times
per year a discharge occurs from this
outfall. Also tell how long each
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62615
discharge lasts and how much water is
discharged, in million gallons per day.
List each month when discharge
happens. If you do not have records of
exact months in which such discharges
occurred, provide an estimate based on
the best available information.
g. Note whether the outfall is
equipped with a diffuser. If so, provide
a brief description of the type of diffuser
used (e.g., high-rate).
16. Description of Receiving Waters
a. Indicate which type of water this
outfall discharges into—stream/river,
lake, estuary, ocean, or other (describe).
b. Give the names of the surface
waters to which this outfall discharges.
For example, "Control Ditch A, then
into Stream B, then into River C, and
finally into River D in River Basin E."
c. Provide the name of the watershed/
river/stream system in which the
receiving water (identified in question
16.b.) is located. If known, also provide
the 14-digit watershed code assigned to
this watershed by the U.S. Soil
Conservation Service.
d. Provide the name of the State
Management/River Basin into which
this outfall discharges. If known, also
provide the 8-digit hydrologic
cataloging unit code assigned by the
U.S. Geological Survey.
e. If the water body is a river or
stream, provide the acute and chronic
critical low flow in cubic feet per
second (cfs). If you are unsure of these
numbers, the U.S. Geological Survey
may be able to give them to you. Or you
may be able to get these numbers from
prior studies.
f. Give the total hardness of the
receiving stream at critical low flow, in
milligrams per liter of CaCOs, if
applicable.
17. Description of Treatment
a. Indicate the highest level of
treatment that your plant provides for
the discharge from this outfall.
b. Give the design removal rates, in
percent, for biochemical oxygen
demand (BOD5) or carbonaceous
biochemical oxygen demand (CBODs),
suspended solids (SS), phosphorus (P),
and nitrpgen (N).
c. Describe the type of disinfection
your plant uses (for example,
chlorination, ozonation, ultraviolet, etc.)
and any seasonal variation that may
occur. If your plant uses chlorination,
indicate whether it also dechlorinates.
d. Note whether the facility has post
aeration.
Effluent Testing Data
18. Effluent Testing Information:
Conventional and Nonconventional
Pollutants
All applicants that discharge effluent
to waters of the United States must
complete question 18. Refer to the
Application Overview section to
determine if you must also complete the
Effluent Testing Information in Part A of
the Supplemental Application
Information packet.
Do not include information about
combined sewer overflow discharge
points in question 18.
Refer to the following table to
determine which effluent testing
information questions you must
complete and to determine the number
of pollutant scans on which to base your
data.
Treatment works characteristics
Form 2A requirements
Minimum
No. 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 mgd, or
Question 18.
•Required to have a pretreatment program (or has one in place), or.
•Otherwise required by the permitting authority to provide the data.
Question 18 and Part A of Supplemental
Application Information Packet.
Complete question 18 once for each
outfall through which effluent is
discharged to waters of the United
States. Indicate on each page the outfall
number (as assigned in questions 15-17)
for which the data are provided. Using
the blank rows provided on the form,
submit any data the facility may have
for pollutants not specifically listed in
question 18.
For specific instructions on
completing the pollutant tables in
question 18, refer to Appendix A of
these instructions.
Certification
19. Certification
Note: Before completing the Certification
statement, review the Application Overview
section on the cover page of Form 2A to make
sure that you have completed all applicable
sections of Form 2A, including any parts of
the Supplemental Application Information
packet.
All permit applications must be
signed and certified. Also indicate in
the boxes provided which sections of
Form 2A you are submitting with this
application.
An application submitted by a
municipality, State, Federal, or other
public agency must be signed by either
a principal executive officer or ranking
elected official. A principal executive
officer of a Federal agency includes: (1)
The chief executive officer of the
agency, or (2) a senior executive officer
having responsibility for the overall
operations of a principal geographic
unit of the agency (e.g., Regional
Administrators of EPA).
An application submitted by a
corporation must be signed by a
responsible corporate officer. A
responsible corporate officer means: (1)
A president, secretary, treasurer, or vice
president in charge of a principal
business function, or any other person
who performs similar policy- or
decision-making functions; or (2) the
manager of manufacturing, production,
or operating facilities employing more
than 250 persons or having gross annual
sales or expenditures exceeding $25
million (in second quarter 1980 dollars),
if authority to sign documents has been
assigned or delegated to the manager in
accordance with corporate procedures.
An application submitted by a
partnership or sole proprietorship must
be signed by a general partner or the
proprietor, respectively.
After completing the certification
statement (all applicable sections of
Form 2A must also be complete), submit
the application to:
Supplemental Application Information
Packet
EPA has developed Form 2A in a
modular format, consisting of two
packets: the Basic Application
Information packet and the
Supplemental Application Information
packet. At a minimum, all applicants
must complete the Basic Application
Information packet. As directed by the
Application Overview section on the
-------
62616 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
cover page of the form, certain
applicants will also need to complete
one or more parts of the Supplemental
Application Information packet.
The Supplemental Application
Information packet is divided into the
following parts:
• Part A Expanded Effluent Testing
Data
• PartB Toxicity Testing Data
• PartC Industrial User Discharges,
Pretreatment, and RCRA/CERCLA
Wastes
• Part D Combined Sewer Systems
Refer to the Application Overview
section to determine which part(s) of the
Supplemental Application Information
packet you must complete.
Part A: Expanded Effluent Testing Data
Paperwork Reduction Act Notice: The
public reporting and recordkeeping burden
for this collection of information (Part A:
Expanded Effluent Data) is estimated to
average 5.7 hours per response. This estimate
includes the time needed to review
instructions; develop, acquire, install, and
utilize technology and systems for the
purposes of collecting, validating, and
verifying information, processing and
maintaining information, and disclosing and
providing information; adjust the existing
ways to comply with any previously
applicable instructions and requirements;
train personnel to respond to a collection of
information; search existing data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information. An Agency may not
conduct or sponsor, and a person is not
required to respond to a collection of
information unless it displays a currently
valid OMB control number.
Send comments regarding the burden
estimate or any other aspect of this collection
of information, including suggestions for
reducing the burden, to Chief, OPPE
Regulatory Information Division, U.S.
Environmental Protection Agency (2136), 401
M St., SW., Washington, DC 20460; and to
the Office of Information and Regulatory
Affairs, Office of Management and Budget,
725 17th St., NW., Washington, DC 20503,
Attention: Desk Officer for EPA. Include the
OMB control number in any correspondence.
Do not send the completed application form
to these addresses.
Note: All applicants that discharge effluent
to waters of the United States must complete
question 18 of the Basic Application
Information packet. Refer to the Application
Overview section to determine if you must
also complete the Effluent Testing
Information in Part A of the Supplemental
Application Information packet.
Refer to the following table to
determine which effluent testing
information questions you must
complete and to determine the number
of pollutant scans on which to base your
data.
Treatment works characteristics
Not reouired to have (or does not have) a pretreatment program
Form 2A requirements
Question 18
Question 18
Application
and Part A of Supplemental
Information Packet.
Minimum
No. of
scans (see
appendix A)
3
3
The following instructions apply only
to treatment works completing Part A of
the Supplemental Application
Information packet. Note that the
permitting authority may require
additional testing on a case-by-case
basis.
Complete Part A once for each outfall
through which effluent is discharged to
waters of the United States. Indicate on
each page the outfall number (as
assigned in questions 15-17 of the Basic
Application Information packet) for
which the data are provided. Using the
blank rows provided on the form,
submit any data the facility may have
for pollutants not specifically listed in
Part A.
For specific instructions on
completing the pollutant tables in Part
A, refer to Appendix A of these
instructions.
Note: After completing Part A, refer to the
Application Overview section to determine
which other sections of Form 2A you must
complete. If you have completed all other
required sections of Form 2A, you may
proceed to the Certification Statement in
question 19 of the Basic Application
Information packet.
Part B. Toxicity Testing Data
Paperwork Reduction Act Notice: The
public reporting and recordkeeping burden
for this collection of information (Part B:
Toxicity Testing Data) is estimated to average
4.5 hours per response. This estimate
includes the time needed to review
instructions; develop, acquire, install, and
utilize technology and systems for the
purposes of collecting, validating, and
verifying information, processing and
maintaining information, and disclosing and
providing information; adjust the existing
ways to comply with any previously
applicable instructions and requirements;
train personnel to respond to a collection of
information; search existing data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information. An Agency may not
conduct or sponsor, and a person is not
required to respond to a collection of
information unless it displays a currently
valid OMB control number.
Send comments regarding the burden
estimate or any other aspect of this collection
of information, including suggestions for
reducing the burden, to Chief, OPPE
Regulatory Information Division, U.S.
Environmental Protection Agency (2136), 401
M St., S.W., Washington, DC 20460; and to
the Office of Information and Regulatory
Affairs, Office of Management and Budget,
725 17th St., N.W., Washington, DC 20503,
Attention: Desk Officer for EPA. Include the
OMB control number in any correspondence.
Do not send the completed application form
to these addresses.
Treatment works meeting one or more
of the following criteria must submit the
results of whole effluent toxicity testing:
1. Treatment works with a design
influent flow rate greater than or equal
to one mgd; or
2. Treatment works with an approved
pretreatment program (as well as those
required to have one); or
3. Treatment works otherwise
required by the permitting authority to
submit the results of whole effluent
toxicity testing.
Applicants completing Part B must
submit the results from any whole
effluent toxicity test conducted during
the past three years that have not been
reported or submitted to the permitting
authority for each outfall discharging
effluent to the waters of the United
States. Do not include information on
combined sewer overflows in this
section. If the applicant conducted a
whole effluent toxicity test during the
past three years that revealed toxicity,
then provide any information available
on the cause of the toxicity or any
results of a toxicity reduction
evaluation, if one was conducted.
Test results provided in Part B must
be based on multiple species being
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62617
tested quarterly for a minimum of one
year. For multiple species, EPA requires
a minimum of two species (e.g.,
vertebrates and invertebrates). The
permitting authority may require the
applicant to include other species (e.g.,
plants) as well. Applicants must provide
these tests for acute or chronic toxicity,
depending on the range of the receiving
water dilution. EPA recommends that
applicants conduct acute or chronic
toxicity testing based on the following
dilutions:
• Acute toxicity testing if the dilution
of the effluent is greater than 1000:1 at
the edge of the mixing zone.
• Acute or chronic toxicity testing if
the dilution of the effluent is between
100:1 and 1000:1 at the edge of the
mixing zone. Acute testing may be more
appropriate at the higher end of this
range (1000:1), and chronic testing may
be more appropriate at the lower end of
this range (100:1).
• Chronic toxicity testing if the
dilution of the effluent is less than 100:1
at the edge of the mixing zone.
All data provided in Part B must be
based on tests performed within three
years prior to completing this
application. The tests must have been
conducted since the last NPDES permit
issuance or permit modification under
40 CFR 122.62(a). In addition,
applicants only need to submit data that
have not previously been submitted to
the permitting authority. Thus, if test
data have already been submitted
(within the last three years) in
accordance with an issued NPDES
permit, the treatment works may note
the dates the tests were submitted and
need not fill out the information
requested in question B.2. for that test.
Additional copies of Part B may be
used in submitting the required
information. A permittee having no
significant toxicity in the effluent over
the past year and who has submitted all
toxicity test results through the end of
the calendar quarter preceding the time
of permit application would need to
supply no additional data as toxicity
testing data as part of this application.
Instead, the applicant should complete
question B.4., which requests a
summary of bioassay test information
already submitted. (See below for more
detailed instructions on completing
question B.4.)
Where test data are requested to be
reported, thejreatment works has the
option of reporting the requested data
on Form 2A or on reports supplied by
the laboratories conducting the testing,
provided the data requested are
complete and presented in a logical
fashion. The permitting authority
reserves the right to request that the data
be reported on Form 2A.
B.I. Required Tests
a. Provide the total number of chronic
and acute whole effluent toxicity tests
conducted in the past three years. A
"chronic" toxicity test continues for a
relatively long period of time, often one-
tenth the life span of the organism or
more. An "acute" toxicity test is one in
which the effect is observed in 96 hours
or less.
B.2. Individual Test Data
Complete B.2. for each test conducted
in the last three years for which data has
not been submitted. Use the columns
provided on the form for each test and
specify the test number at the top of
each column. Use additional copies of
question B.2. if more than three tests are
being reported. The parameters listed on
the form are based on EPA-
recommended test methods. Permittees
may be required by the permitting
authority to submit additional test
parameter data for the purposes of
quality assurance.
If the treatment works is conducting
whole effluent toxicity tests and
reporting its results in accordance with
an NPDES permit requirement, then the
treatment works may note the dates the
tests were submitted and need not fill
out the information requested in
question B.2. for those tests (unless
otherwise required by the permitting
authority).
a. Provide the information requested
on the form for each test reported.
Under "Test species," provide the
scientific name of the organism used in
the test. The "Outfall number" reported
must correlate to the outfall numbers
listed in questions 15-17 of the Basic
Application Information packet.
b. Provide the source of the toxicity
test methods followed. In conducting
the tests, the treatment works must use
methods approved in accordance with
40 CFR Part 136 [Note: Approved
methods are currently under
development].
c. Indicate whether 24-hour
composite or grab samples were used for
each test. For multiple grab samples,
provide the number of grab samples
used. Refer to Appendix A of the
instructions for a definition of
composite and grab samples.
d. Indicate whether the sample was
taken before or after disinfection and/or
after dechlorination.
e. Provide a description of the point
in the treatment process at which the
sample was collected.
f. Indicate whether the test was
intended to assess chronic or acute
toxicity.
g. Indicate which type of test was
performed. A "static" test is a test
performed with a single constant
volume of water. In a "static-renewal"
test, the volume of water is renewed at
discrete intervals. In a "flow-through"
test, the volume of water is renewed
continuously.
h. Indicate whether laboratory water
or the receiving water of the tested
outfall was used as the source of
dilution water. If laboratory water was
used, provide the type of water used.
i. Indicate whether fresh or salt water
was used as the dilution water. For salt
water, specify whether the salt water
was natural or artificial (specify the type
of artificial water used).
j. For each concentration in the test
series, provide the percentage of effluent
used.
k. Provide the minimum and
maximum parameters measured during
the test for pH, salinity, temperature,
ammonia, and dissolved oxygen.
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 LC5o (Lethal Concentration
to 50 percent) of the test. "LC50" is the
effluent (or toxicant) concentration
estimated to be lethal to 50 percent of
the test organisms during a specific
period. Indicate any other test results in
the space provided.
For chronic toxicity tests, provide
data at the most sensitive endpoint.
While this is generally expressed as a
"NOEC" (No Observed Effect
Concentration), it may be expressed as
an "Inhibition Concentration" (e.g.,
"ICas"—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. Indicate any other test
results in the space provided.
m. Provide the mortality (in percent)
of the control group. Indicate any other
relevant information about the control
group in the space provided.
B.3. Toxicity Reduction Evaluation
A Toxicity Reduction Evaluation
(TRE) is a site-specific study conducted
in a stepwise process designed to
identify the causative agents of effluent
toxicity, evaluate the effectiveness of
-------
62618 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
toxicity control options, and then
confirm the reduction in effluent
toxicity. If the treatment works is
conducting a TRE as part of a NPDES
permit requirement or enforcement
order, then you only need to provide the
date of the last progress report
concerning the TRE in the area reserved
for details of the TRE.
B.4. Summary of Submitted
Biomonitoring Test Information
As stated above, applicants that have
already submitted the results of
biomonitoring test information over the
past three years do not need to resubmit
this data with Form 2A. Instead,
indicate in question B.4. the date you
submitted each report and provide a
summary of the test results for each
report. Include in this summary the
following information: the outfall
number and collection dates of the
samples tested, dates of testing, toxicity
testing method(s) used, and a summary
of the results from the test (e.g, 100%
survival in 40% effluent).
Note: After completing Part B, refer to the
Application Overview section to determine
which other sections of Form 2A you must
complete. If you have completed all other
required sections of Form 2A, you may
proceed to the Certification Statement in
question 19 of the Basic Application
Information packet.
Part C. Industrial User Discharges,
Pretreatment, and RCRA/CERCLA
Wastes
Paperwork Reduction Act Notice: The
public reporting and recordkeeping burden
for this collection of information (Part C:
Industrial User Discharges, Pretreatment, and
RCRA/CERCLA Wastes) is estimated to
average 4.3 hours per response. This estimate
includes the tune needed to review
instructions; develop, acquire, install, and
utilize technology and systems for the
purposes of collecting, validating, and
verifying information, processing and
maintaining information, and disclosing and
providing information; adjust the existing
ways to comply with any previously
applicable instructions and requirements;
train personnel to respond to a collection of
information; search existing data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information. An Agency may not
conduct or sponsor, and a person is not
required to respond to a collection of
information unless it displays a currently
valid OMB control number.
Send comments regarding the burden
estimate or any other aspect of this collection
of information, including suggestions for
reducing the burden, to Chief, OPPE
Regulatory Information Division, U.S.
Environmental Protection Agency (2136), 401
M St., S.W., Washington, DC 20460; and to
the Office of Information and Regulatory
Affairs, Office of Management and Budget,
725 17th St., N.W., Washington, DC 20503,
Attention: Desk Officer for EPA. Include the
OMB control number in any correspondence.
Do not send the completed application form
to these addresses.
All treatment works receiving
discharges from significant industrial
users (SIUs) or facilities that receive
RCRA or CERCLA wastes must complete
PartC.
A "categorical industrial user" is an
industrial user that is subject to
Categorical Pretreatment Standards
under 40 CFR 403.6 and 40 CFR Chapter
I, Subchapter N, which are technology-
based standards developed by EPA
setting industry-specific effluent limits.
(A list of Industrial Categories subject to
Categorical Pretreatment Standards is
included in Appendix B.)
A "significant industrial user" is
defined in 40 CFR 403.3(t) as an
industrial user that:
(1) is subject to Categorical
Pretreatment Standards under 40 CFR
403.6 and 40 CFR Chapter I, Subchapter
N; and
(2) any other industrial user that:
discharges an average of 25,000 gallons
per day or more of process wastewater
to the treatment works (excluding
sanitary, non-contact cooling and boiler
blowdown wastewater); contributes a
process wastestream that makes up 5
percent or more of the average dry
weather hydraulic or organic capacity of
the treatment works; or is designated as
such by the Control Authority as
defined in 40 CFR 403.12(a) on the basis
that the industrial user has a reasonable
potential for adversely affecting the
treatment works operation or for
violating any pretreatment standard or
requirement (in accordance with 40 CFR
403.8(f)(6)).
An "industrial user" means any
industrial or commercial entity that
discharges wastewater that is not
domestic wastewater. Domestic
wastewater includes wastewater from
connections to houses, hotels, non-
industrial office buildings, institutions,
or sanitary waste from industrial
facilities. The number of "industrial
users" is the total number of industrial
and commercial users that discharge to
the treatment works.
For the purposes of completing the
application form, please provide
information on non-categorical SIUs and
categorical industrial users separately.
General Information
C.I. Number of Industrial Users
Provide the number of SIUs and the
number of categorical industrial users
only that discharge to your treatment
works.
C.2. Average Daily Flow From Industrial
Users
Provide an estimate of the daily flow
of wastewater, in mgd, received from all
industrial users, significant industrial
users only, and categorical industrial
users only.
C.3. Industrial User Contributions
Estimate the contribution (in terms of
the percent of total daily influent) from
all industrial users, significant
industrial users only, categorical
industrial users only, and domestic
sources only.
C.4. Pretreatment Program
Indicate whether the treatment works
has an approved pretreatment program.
An "approved pretreatment program" is
a program administered by a treatment
works that meets the criteria established
in 40 CFR 403.8 and 403.9 and that has
been approved by a Regional
Administrator or State Director. If the
answer to question C.4. is no, go to C.5.
Naote If this treatment works has or is
required to have a pretreatment program, you
must also complete Parts A and B of the
Supplemental Application Information
packet.
If the treatment works has an
approved pretreatment program,
identify any substantial modifications to
the POTW's approved pretreatment
program that have not been approved in
accordance with 40 CFR 403.18.
Significant Industrial User (SIU)
Information
All treatment works that receive
discharges from SIUs must complete
questions C.5.-C.10.
If your treatment works receives
wastewater from more than one SIU,
complete questions C.5.-C.10. once for
each SIU.
C.5. Significant Industrial User
Information
Provide the name and mailing address
of each SIU. Submit additional pages as
necessary.
C.6. Industrial Processes
Describe the actual process(es) (rather
than simply listing them) at the SIU that
affect or contribute to the SIU's
discharge. For example, in describing a
metal finishing operation, include such
information as how the product is
cleaned prior to finishing, what type of
plating baths are in operation (e.g.,
nickel, chromium), how paint is
applied, and how the product is
polished. Attach additional sheets if
necessary.
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62619
C.7. Principal Product(s) and Raw
Material(s)
List principal products that the SIU
generates and the raw materials used to
manufacture the products.
C.8. Flow Rate
"Process wastewater" means any
water that, during manufacturing or
processing, comes into direct contact
with or results from the production or
use of any raw material, intermediate
product, finished product, byproduct, or
waste product. Indicate the average
daily volume, in gallons per day, of
process wastewater and non-process
wastewater that the SIU discharges into
the collection system. Specify whether
the discharges are continuous or non-
continuous.
C.9. Pretreatment Standards
Indicate whether the SIU is subject to
local limits and categorical pretreatment
standards. "Local limits" are
enforceable local requirements
developed by treatment works to
address Federal standards as well as
state and local regulations.
"Categorical pretreatment standards"
are national technology-based standards
developed by EPA, setting industry-
specific effluent limits. These standards
are implemented by 40 CFR 403.6.
C.10. Problems at the Treatment Works
Attributed to Waste Discharged by the
SIU
Provide information concerning any
problems the treatment works has
experienced that are attributable to
discharges from the SIUs. Problems may
include upsets or interference at the
plant, corrosion in the collection
system, or other similar events.
RCRA Hazardous Waste Received by
Truck, Rail or Dedicated Pipeline
C.11. RCRA Waste
As defined in Section 1004(5) of the
Resource Conservation and Recovery
Act (RCRA), "Hazardous waste" means
"a solid waste, or combination of solid
wastes, which because of its quantity,
concentration, or physical, chemical or
infectious characteristics may:
(A) cause or significantly contribute to
an increase in mortality or an increase
in serious irreversible, or incapacitating
reversible, illness; or
(B) pose a substantial present or
potential hazard to human health or the
environment when improperly treated,
stored, transported, or disposed of, or
otherwise managed."
Those solid wastes that are
considered hazardous are listed under
40 CFR Part 261. Treatment works that
accept hazardous wastes by truck, rail,
or dedicated pipeline (a pipeline that is
used to carry hazardous waste directly
to a treatment works without prior
mixing with domestic sewage) within
the property boundary of the treatment
works are considered to be hazardous
waste treatment, storage, and disposal
facilities (TSDFs) and, as such, are
subject to regulations under RCRA.
Under RCRA, mixtures of domestic
sewage and other wastes that
commingle in the treatment works
collection system prior to reaching the
property boundary, including those
wastes that otherwise would be
considered hazardous, are excluded
from regulation under the domestic
sewage exclusion. Hazardous wastes
that are delivered directly to the
treatment works by truck, rail, or
dedicated pipeline do not fall within the
exclusion. Hazardous wastes received
by these routes may only be accepted by
treatment works if the treatment works
complies with applicable RCRA
requirements for TSDFs.
Applicants completing questions
C.11.-C.13. should have indicated all
points at which RCRA hazardous waste
enters the treatment works by truck, rail,
or dedicated pipe in the map provided
in question 8 of the Basic Application
Information packet.
C.12. Waste Transport
Indicate the method by which RCRA
waste is received at the treatment works.
C.13. Waste Description
Provide the EPA hazardous waste
numbers, which are located in 40 CFR
Part 261, Subparts C & D, and the
amount (in volume or mass) received.
CERCLA (Superfund) Wastewater and
RCRA Remediation/Corrective Action
Wastewater
Substances that are regulated under
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) are described and listed
in 40 CFR Part 302. Questions C.14.-
C.22. apply to the type, origin, and
treatment of CERCLA wastes currently
(or expected to be) discharged to the
treatment works.
C.14. CERCLA Waste
Indicate whether this treatment works
currently receives waste from a CERCLA
(Superfund) site or plans to accept
waste from a CERCLA site in the next
five years. If it does, provide the
information requested in C.15-C.17.
If the treatment works receives, or
plans to receive, CERCLA waste from
more than one site, complete questions
C.15-C.17, once for each site.
C.15. Waste Origin
Provide information about the
CERCLA site that is discharging waste to
the treatment works. Information must
include a description of the type of
facility and an EPA identification
number if one exists.
C.16. Pollutants
Provide a list of the pollutants that are
or will be discharged by the CERCLA
site and the volume and concentration
of such pollutants.
C.I7. Waste Treatment
Provide information concerning the
treatment used (if any) by the CERCLA
site to treat the waste prior to
discharging it to the treatment works.
The information should include a
description of the treatment technology,
information on the frequency of the
discharge (continuous or intermittent)
and any data concerning removal
efficiency.
C.18. RCRA Corrective Action Waste
Indicate whether this treatment works
currently receives RCRA Corrective
Action Waste or plans to accept RCRA
Corrective Action Waste in the next five
years. If it does, provide the information
requested in C.19.-C.21.
If there is more than one site from
which RCRA Corrective Action Waste
is, or is expected to be, received, attach
additional sheets with the information
requested in questions C.19.-C.21. for
each site.
C.19. Waste Origin
Provide a description of the site and
of the type of facility that discharges or
is expected to discharge the RCRA
corrective action waste.
C.20. Pollutants
Provide a list of the pollutants that are
or will be discharged by each RCRA
corrective action site.
C.21. Waste Treatment
Provide information concerning the
treatment used (if any) by the RCRA
corrective action site to treat the waste
prior to discharging it to the treatment
works. The information should include
a description of the treatment
technology, any data concerning
removal efficiency, and information on
the frequency of the discharge
(continuous or intermittent). If the
discharge is intermittent, describe the
discharge schedule.
C.22. Other Wastes From Remediation/
Clean-up Sites
Describe any wastewater received or
expected to be received from leaking
-------
62620 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
underground tank remediation sites and
from remediation/cleanup sites that are
regulated by other laws (state,
municipal, etc.).
Note: After completing Part C, refer to the
Application Overview section to determine
which other sections of Form 2 A you must
complete. If you have completed all other
required sections of Form 2A, you may
proceed to the Certification Statement in
question 19 of the Basic Application
Information packet.
Part D. Combined Sewer Systems
Paperwork Reduction Act Notice: The
public reporting and recordkeeping burden
for this collection of information (Part D:
Combined Sewer Systems) is estimated to
average 8.2 hours per response. This estimate
includes the time needed to review
instructions; develop, acquire, install, and
utilize technology and systems for the
purposes of collecting, validating, and
verifying information, processing and
maintaining information, and disclosing and
providing information; adjust the existing
ways to comply with any previously
applicable instructions and requirements;
train personnel to respond to a collection of
information; search existing data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information. An Agency may not
conduct or sponsor, and a person is not
required to respond to a collection of
information unless it displays a currently
valid OMB control number.
Send comments regarding the burden
estimate or any other aspect of this collection
of information, including suggestions for
reducing the burden, to Chief, OPPE
Regulatory Information Division, U.S.
Environmental Protection Agency (2136), 401
M St., S.W., Washington, DC 20460; and to
the Office of Information and Regulatory
Affairs, Office of Management and Budget,
725 17th St., N.W., Washington, DC 20503,
Attention: Desk Officer for EPA. Include the
OMB control number in any correspondence.
Do not send the completed application form
to these addresses.
D.I. Combined Sewer Overflow (CSO)
Discharge Points
A combined sewer system collects a
mixture of both sanitary wastewater and
storm water runoff.
Indicate the number of CSO discharge
points in the combined sewer system
covered by this application. Complete
questions D.5.-D.9. once for each
discharge point. Attach additional pages
as necessary.
D.2. System Map
Indicate on a system map all CSO
discharge points. For each such point,
indicate any sensitive use areas and any
waters supporting threatened or
endangered species that are potentially
affected by CSOs. Sensitive use areas
include beaches, drinking water
supplies, shellfish beds, sensitive
aquatic ecosystems, and outstanding
natural resource waters.
Applicants may provide the
information requested in question D.2.
on the map submitted in response to
question 8 in the Basic Application
Information packet.
All maps should be either on paper or
other material appropriate for
reproduction. If possible, all sheets
should be approximately letter size with
margins suitable for filing and binding.
As few sheets should be used as
necessary to show clearly what is
involved. All discharge points should be
identified by outfall number. Each sheet
should be labeled with the applicant's
name, NPDES permit number, location
(city, county, or town), date of drawing,
and designation of the number of sheets
of each diagram as "page of
D.3. System Diagram
Diagram the location of combined and
separate sanitary major sewer trunk
lines and indicate any connections
where separate sanitary sewers feed into
the combined sewer system. Clearly
indicate the location of all flow
controlling devices in the system.
Include storage equipment, flow
regulating devices, and pump stations.
Also indicate the areas of drainage
associated with each CSO and the
pumping capacity of each pump station.
The drawing should be either on
paper or other material appropriate for
reproduction. If possible, all sheets
should be approximately letter size with
margins suitable for filing and binding.
As few sheets should be used as
necessary to show clearly what is
involved. All discharge points should be
identified by outfall number. Each sheet
should be labeled with the applicant's
name, NPDES permit number, location
(city, county, or town), date of drawing,
and designation of the number of sheets
of each diagram as "page of
D.4. System Evaluation
List any studies that have been
performed on the combined sewer
system since the last permit application,
including inflow/infiltration studies,
engineering studies, hydraulic studies,
and water quality studies.
CSO Outfalls
Fill out a copy of questions D.5.-D.9.
once for each CSO discharge point.
Attach additional pages as necessary.
D.5. Description of Outfall
a.-d. Provide the outfall number and
location (including city or town if
applicable, state, county, and latitude
and longitude to the nearest second).
For subsurface discharges (e.g.,
discharges to lakes, estuaries, and
oceans), provide the distance (in feet) of
the discharge point from the shore and
the depth (in feet) of the discharge point
below the surface of the discharge point.
Provide these distances at the lowest
point of low tide.
D.6. Monitoring
Indicate whether rainfall, CSO flow
volume, CSO water quality, and/or
receiving water quality were monitored
during the past 12 months. Provide the
number of storm events monitored
during the past 12 months as well.
D. 7. CSO Incidents
a. Provide the number of CSO
incidents that have occurred in the past
12 months. Indicate whether this is an
actual or approximate number.
b. Provide the average duration (in
hours) per CSO event. Indicate whether
this is an actual or approximate value.
c. Provide the average volume (in
million gallons) of discharge per CSO
incidents over the past 12 months.
Indicate whether this is an actual or
approximate number.
d. Provide the minimum amount of
rainfall that caused a CSO incident in
the past 12 months.
D.8. Description of Receiving Waters
a. Indicate the type of water body into
which the CSO outfall (identified in
D.S.a.) discharges.
b. List the name(s) of immediate
receiving waters starting at the CSO
discharge point and moving
downstream. For example, "Control
Ditch A, thence to Stream B, thence to
River C, and thence to River D in the
River Basin E."
c. Provide the name of the watershed/
river/stream system in which the
receiving water (identified in question
D.S.b.) is located. If known, also provide
the 14-digit watershed code assigned to
this watershed by the U.S. Soil
Conservation Service.
d. Provide the name of the State
Management/River Basin into which
this outfall discharges. If known, also
provide the 8-digit hydrologic
cataloging unit code assigned by the
U.S. Geological Survey.
D.9. CSO Operations
a. Indicate whether wastewater from
significant industrial users (refer to the
instructions to Part C for a definition)
can enter the combined sewer system.
b. Provide a description of any known
water quality impacts on the receiving
water caused by CSO from this
discharge point.
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62621
Note: After completing Part D, refer to the
Application Overview section to determine
which other sections of Form 2A you must
complete. If you have completed all other
required sections of Form 2A, you may
proceed to the Certification Statement in
question 19 of the Basic Application
Information packet.
Appendix A—Guidance for Completing
the Effluent Testing Information
All Treatment Works
All applicants must provide data for
each of the pollutants in question 18 of
the Basic Application Information
packet. Some applicants must also
provide data for the pollutants in Part A
of the Supplemental Application
Information packet. All applicants
submitting effluent testing data must
base this data on a minimum of three
pollutant scans. All samples analyzed
must be representative of the discharge
from the sampled outfall.
If you have existing data that fulfills
the requirements described below, you
may use that data in lieu of conducting
additional sampling. If you measure
more than the required number of daily
values for a pollutant and those values
are representative of your wastestream,
you must include them in the data you
report. In addition, use the blank rows
provided on the form to provide any
existing sampling data that your facility
may have for pollutants not listed in the
appropriate sections. All data provided
in the application must be based on
samples taken within three years prior
to the time of this permit application.
Sampling data must be representative
of the treatment works' discharge and
take into consideration seasonal
variations. At least two of the samples
used to complete the effluent testing
information questions must have been
taken no fewer than 4 months and no
more than 8 months apart. For example,
one sample may be taken in April and
another in October to meet this
requirement. Applicants unable to meet
this time requirement due to periodic,
discontinuous, or seasonal discharges
can obtain alternative guidance on this
requirement from their permitting
authority.
The collection of samples for the
reported analyses should be supervised
by a person experienced in performing
wastewater sampling. Specific
requirements contained in the
applicable analytical methods should be
followed for sample containers, sample
preservation, holding times, and
collection of duplicate samples.
Samples should be taken at a time
representative of normal operation. To
the extent feasible, all processes that
contribute to wastewater should be in
operation and the treatment system
should be operating properly with no
system upsets. Samples should be
collected from the center of the flow
channel (where turbulence is at a
maximum), at a location specified in the
current NPDES permit, or at any
location adequate for the collection of a
representative sample.
A minimum of four grab samples
must be collected for pH, temperature,
cyanide, total phenols, residual
chlorine, oil and grease, fecal coliform,
E. coli, and enterococci (applicants need
only provide data on either fecal
coliform or E. coli and enterococci). For
all other pollutants, 24-hour composite
samples must be collected. However, a
minimum of one grab sample, instead of
a 24-hour composite, may be taken for
effluent from holding ponds or other
impoundments that have a retention
period greater than 24 hours.
Grab and composite samples are
defined as follows:
• Grab sample: an individual sample
of at least 100 milliliters collected
randomly for a period not exceeding 15
minutes.
• Composite sample: a sample
derived from two or more discrete
samples collected at equal time intervals
or collected proportional to the flow rate
over the compositing period. The
composite collection method may vary
depending on pollutant characteristics
or discharge flow characteristics.
The permitting authority may allow or
establish appropriate site-specific
sampling procedures or requirements,
including sampling locations, the
season in which sampling takes place,
the duration between sampling events,
and protocols for collecting samples
under 40 CFR Part 136. Contact EPA or
the State permitting authority for
detailed guidance on sampling
techniques and for answers to specific
questions. The following instructions
explain how to complete each of the
columns in the pollutant tables in the
effluent testing information sections of
Form 2A.
Maximum Daily Discharge. For
composite samples, the daily discharge
is the average pollutant concentration
and total mass found in a composite
sample taken over a 24-hour period. For
grab samples, the daily discharge is the
arithmetic or flow-weighted total mass
or average pollutant concentration
found in a series of at least four grab
samples taken during the operating
hours of the treatment works during a
24-hour period.
To determine the maximum daily
discharge values, compare the daily
discharge values from each of the
sample events. Report the highest total
mass and highest concentration level
from these samples.
• "Concentration" is the amount of
pollutant that is present in a sample
with respect to the size of the sample.
The daily discharge concentration is the
average concentration of the pollutant
throughout the 24-hour period.
• "Mass" is calculated as the total
mass of the pollutant discharged over
the 24-hour period.
• All data must be reported as both
concentration and mass (where
appropriate). Use the following
abbreviations in the columns headed
"Units."
ppm Parts per million.
gpd Gallons per day.
mgd Million gallons per day.
su Standard units.
mg/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
-------
62622 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
use that method unless otherwise
directed by the permitting authority.
Where no approved analytical method
exists, an applicant may use a suitable
method but must provide a description
of the method. For the purposes of the
application, "suitable method" means a
method that is sufficiently sensitive to
measure as close to the water quality-
based standard as possible.
Indicate the method used for each
pollutant in the "Analytical Method"
column of the pollutant tables. If a
method has not been approved for a
pollutant for which you are providing
data, you may use a suitable method to
measure the concentration of the
pollutant in the discharge, and provide
a detailed description of the method
used or a reference to the published
method. The description must include
the sample holding time, preservation
techniques, and the quality control
measures used. In such cases, indicate
the method used and attach to the
application a narrative description of
the method used.
Reporting Levels. The applicant
should provide the method detection
limit (MDL), minimum level (ML), or
other designated method endpoint
reflecting the precision of the analytical
method used.
All analytical results must be reported
using the actual numeric values
determined by the analysis. In other
words, even where analytical results are
below the detection or quantitation level
of the method used, the actual data
should be reported, rather than
reporting "non-detect" ("ND") or "zero"
("0"). Because the endpoint of the
method has also been reported along
with the test results, the permitting
authority will be able to determine if the
data are in the "non-detect" or "below
quantitation" range.
For any dilutions made and any
problems encountered in the analysis,
the applicant should attach an
explanation and any supporting
documentation with the application. For
GC/MS, report all results found to be
present by spectral confirmation (i.e.,
quantitation limits or detection limits
should not be used as a reporting
threshold for GC/MS).
Total Recoverable Metals. Total
recoverable metals are measured from
unfiltered samples using EPA methods
specified in 40 CFR Part 136.3. A
digestion procedure is used to solubilize
suspended materials and destroy
possible organic metal complexes. The
method measures dissolved metals plus
those metals recovered from suspended
particles by the method digestion.
Appendix B: Industrial Categories
Subject to National Categorical
Pretreatment Standards
Industrial Categories With Pretreatment
Standards in Effect
Aluminum Forming
Asbestos Manufacturing
Battery Manufacturing
Builder's Paper and Board Mills
Carbon Black Manufacturing
Coil Coating
Copper Forming
Electrical and Electronic Components
Electroplating
Feedlots
Ferroalloy Manufacturing
Fertilizer Manufacturing
Glass Manufacturing
Grain Mills Manufacturing
Ink Formulating
Inorganic Chemicals
Iron and Steel Manufacturing
Leather Tanning and Finishing
Metal Finishing
Metal Molding and Casting
Nonferrous Metals Forming and Metal
Powders
Nonferrous Metals Manufacturing
Organic Chemicals, Plastics and
Synthetic Fibers
Paint Formulating
Paving and Roofing
Pesticide Manufacturing
Petroleum Refining
Pharmaceutical Manufacturing
Porcelain Enameling
Pulp, Paper and Paperboard
Rubber Manufacturing
Soap and Detergents Manufacturing
Steam Electric Power Generating
Sugar Processing
Timber Products Manufacturing
Industrial Categories With Effluent
Guidelines Currently Under
Development (Proposed and Final
Action Dates)
Pulp, Paper, and Paperboard (12/17/93-
TBD)
Pesticide Formulating, Packaging, and
Repackaging (4/14/94-8/95)
Centralized Waste Treatment (12/15/94-
9/96)
Pharmaceutical Manufacturing (2/95-S/
96)
Metal Products and Machinery, Phase I
(3/95-9/96)
Industrial Laundries (12/96-12/98)
Transportation Equipment Cleaning (12/
96-12/98)
Landfills and Incinerators (3/97-3/99)
Metal Products and Machinery, Phase II
(12/97-12/99)
BILLING CODE 6580-50-P
-------
Federal Register / Vol. 60, No. 234 / Wednesday. December 6, 1995 / Proposed Rules 62623
-------
62624 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62625
s
r
i
£
!
•.
«
i i g
o 1&
«
o
c «
!-t
II
m
S
CM
IU
I
z
a
8!
Si
a
Jf
| « ?£
|s||
|l||
Ilif
• S, c ^
Ifll
llll
I-E£ 1
•* 1 o 1
*!f!
fill
|!!!
iiii
!81
i a-j
• Ol » ~
I |le
*S .£ o «)
£sls.
-» V"
i'
2 o>
I o>
in 2
.9
^ o
9 g
z ?
w
4wfv •
-------
62626 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62627
-------
62628 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62629
t'j
21
IU *
f
•5
1
I
I
o>
p
Q.
O
II
I .»
i£
J]
ill
HI
' • c
3 o co
11:
£
e
UJ
a
s
K
I
i
s I
UJ
O
a.
UJ
Z
z
I
i- §
1 3
ni .b
I
I
I
"
s * I -rs t *
III || |
w •€•••••• ^ c co
||1 18 I
„ ,, a ' •« ^ "S
I
B 6
-. III!
II ||||
|! jjfi
I £ I?*!
11 "i
* "5 ^> "8. .£ -P E
II MfJi
!! !|*.II
_g -i -H * 01
II
•o
i
il
!i
.*
o *•.
E fi
!O "D
O -SE TJ
i*ti ^
l.| I
S o | >
sll i
-f g S
a pt, ^
3
£
2
UJ
-------
62630 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
!
for
A.
Cl
Inf
m
sf
?l°
I
^
&
E:
*%=>
ON
*i
-IK
5'
SB
si?
S-
3C
zS
a.
a is
O
3510-2S
EPA
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62631
Si
u *
£
CD
tL
£
I
8
I
I
s,
1
CO
i
«
I
s
*"K
"l'<
I
E
Is
tff*/
8
"5
6 uj S ct
;s
ii
If
is
11
-------
62632 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62633
a
i
Ul
O
E
111
Q.
0)
8
u.
0>
0>
I
CO
«f
s
lu
z
>•
<3
—
Illi
"5 e
slilll S»-
OOQ_JW.£ oc1-
5Sr & *.^ •-* ^.^ T» '5
< m o o oi
•c c
££
DD
i.i
liti
t: tr tr
CO CO CO " >* ^.«
0-0.0- S-E £«
rm ii-sf
^1S
i 11
S W S
•£ en p
&
I D
s
I!
-------
62634 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
Si
S
§
1
ffl
I
o
I
Ti
1 o
i= «
ri
oi
g
>.
«
•g
I
1
< 1
i §
I
o
I
£
o
fce'occcic" =
•& & 3 2 £ | -2 8 g
* o-
i'o
!|
* 8
S £
£ I
If! LJ
*l * I £v
if
8b-i;
-it
I'*]
IfJ
^fc ^
o '»
A!
-1
il
2
1 £1
Si J3
III
I
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62635
-------
62636 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
m o
i!
«
CD
i
£
*
§
i
&
"^lltf'*•«•>
«%J*ir^I'>5
>*:
i
! I
I i
I i
i
i
•5
•s
i
J *
II £
1.1 I
I
I
I
ll
S
S g I
II 1!
s
O
III
1
I
CO
s
8
£
LU
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62637
• 1
CD
c
IU
CL
Si
s
i ;
O
rt
£
s.
8.
o
I
, J 1\
f-Ig •
*•;, g S- j
If.
=
I
* "•• ^v^
-A" -:,n?
,*'<*,
< *,V*
.••I'.y
V;
*' V-
•4t -/'"
<&
i
i
If!
l||
ils
ill
? I &
g *
I
I
1 |.
3 M
£ .i
V
•o 8
.S it
I I
ill
8
fe |
If
•8 8
!l
CD ^
S8
•« $
Is-
W Q) C*
1 i, i
-.is
2 i $
i * 2
9 $ o.
eo S —
CO 3 §
i^l
II
.s
«;
i
I
i i &«
o .a o ^
-------
62638 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
ER:
only)
= 1
9«
5
1
§ -M
*
"
-
9 -2 a
I * £
oi
•-
li^ J
O /\ CQ
•e
ill .'4
iil'1
UJ -I
1 js g a ""
si £"JE
m ® S "C
s
1
W
3?
3 §
& -5
* ffi
5 i
in
U
O
2
3510-2S
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62639
CD
• ^W i
"II
i;
« '• -<» ,V'
' ••'V', ',
i
•5
I
I
I
i
2
-
. 'CJ
•L s
i
i
.
i
;
<*• ,
r?
I
"*•*&* *,
o fc
tf
|
t S
2
1
•5
1
I
6 «
X'
II 1
| I I
1 !
I I
! i
I u i
* « ja
d
Q e
b
-------
62640 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
11
jgt
si
sit
I
!
|
I
I
I
a
to
6
I si
1 ii
ID-
ID
6-
2.
I
i
I
J5
1
1
r
i
'!<
as
If a
III
.
•f S;
It*
s
I -| £
I I!
1 «S
I f
IM
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62641
-------
62642 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
i|
z o
Q !g
ii
Ul
•B
8.
i
* fi
ll
i
> a
I III!
> IT ffl ff.
I!
?!
IJ
s ^
ii
ii
ll
• i i
s
2
I
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62643
it
s
a
"•-!,"£-t ,
-,,-, I™->-:
', ^S'^j
%--\x
i
I
<
oc
UI
Z
o
UJ
''*'/'
5^
-#:
S"' '"^ v^.-
!--!>'
i~i
,;*:,:*
S ,-*
I i
i;^ i
11
.i i
{?
tfi
£ 5 1
.E
1
?
i!
!
?;
.i |
! I
o
I
I
I -E *
fTS
§
§ Ptf
1| I
Sll
I **> f coww"* :
•si*
e g E
-I?!
< 111
"In
i * o a
|i!
sf PI
.a E r *
•5
I:
3
'1.11
.^»,^
-------
62644 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
jgt
ui
I
6
M
Si
|
o
£
i
•
a
1
o
!
8
i
i
i
.
• il
£5
o
ii
ui
a
lit!
s i * §
£ S. B f
g •£ »1
!!i
|i«
ja 6 T>
8
2
UI
BILLING CODE S560-50-C
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62645
Instructions for Completing Form 2S
Application for a Sewage Sludge Permit
Paperwork Reduction Act Notice: The
public reporting and recordkeeping burden
for this collection of information is estimated
to average 11.6 hours per response. This
estimate includes the time needed to review
instructions; develop, acquire, install, and
utilize technology and systems for the
purposes of collecting, validating, and
verifying information, processing and
maintaining information, and disclosing and
providing information; adjust the existing
ways to comply with any previously
applicable instructions and requirements;
train personnel to respond to a collection of
information; search existing data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information. An Agency may not
conduct or sponsor, and a person is not
required to respond to a collection of
information unless it displays a currently
valid OMB control number.
Send comments regarding the burden
estimate or any other aspect of this collection
of information, including suggestions for
reducing the burden, to Chief, OPPE
Regulatory Information Division, U.S.
Environmental Protection Agency (2136), 401
M St., S.W., Washington, DC 20460; and to
the Office of Information and Regulatory
Affairs, Office of Management and Budget,
725 17th St., N.W., Washington, DC 20503,
Attention: Desk Officer for EPA. Include the
OMB control number in any correspondence.
Do not send the completed application form
to these addresses.
Overview
This application form collects
information from persons that are
required to apply for a sewage sludge
use or disposal permit.
Who Must Submit Application
Information?
The following persons are "treatment
works treating domestic sewage" that
are required to submit sewage sludge
permit application information:
• Any person who generates sewage
sludge that is ultimately regulated by
Part 503 (i.e., it is applied to the land,
placed on a surface disposal site, fired
in a sewage sludge incinerator, or
placed in a municipal solid waste
landfill unit);
• Any person who derives material
from, or otherwise changes the quality
of, sewage sludge (e.g., an intermediate
treatment facility such as a composting
facility, or a facility that processes
sewage sludge for sale or give away in
a bag or other container for application
to the land), if that sewage sludge is
used or disposed in a manner subject to
Part 503;
• Any person who owns or operates
a sewage sludge surface disposal site;
• Any person who fires sewage
sludge in a sewage sludge incinerator;
and
• Any other person required by the
permitting authority to submit permit
application information.
For purposes of this form, you refers
to the applicant. This facility and your
facility refer to the facility for which
application information is being
submitted.
Facility should be interpreted to
include activities potentially subject to
regulation under the sewage sludge
program—e.g., areas of sewage sludge
treatment, storage, land application,
surface disposal, or incineration, even if
such activities do not occur at the same
location.
Which Parts of The Form Apply?
Form 2S is presented in a modular
format, enabling information collection
to be tailored to your facility's sewage
sludge generation, treatment, use, or
disposal practices. The form is divided
into two main parts:
• Part 1 is limited screening
information that must be submitted by
"sludge-only" (non-NPDES) facilities
that are not applying for site-specific
pollutant limits and have not been
directed to submit a full permit
application at this time.
• Part 2 must be submitted by
facilities that are submitting a full
permit application at this time. These
include the following:
—Facilities with a currently effective
NPDES permit.
—Facilities that are required to have, or
are requesting, site-specific pollutant
limits, including "sludge-only"
facilities that are applying for site-
specific pollutant limits. (Note: all
sewage sludge incinerators are
required to have site-specific
pollutant limits.)
—Facilities that have been directed by
the permitting authority to apply for
a permit at this time.
Complete either Part 1 or Part 2, but
not both (unless otherwise instructed by
the permitting authority).
Part 2 is divided into the following
sections:
• Section A is general information to
be provided by all applicants that fill
out Part 2.
• Section B must be completed by any
facility that generates sewage sludge or
derives a material from sewage sludge.
• Section C must be completed by
any facility that applies bulk sewage
sludge to the land, or whose bulk
sewage sludge is applied to the land.
(Most applicants that provide this
information will also submit Section B
information, because it is unlikely that
EPA would permit a land applier who
does not generate or change the quality
of sewage sludge.)
• Section D must be completed by the
owner/operator of a surface disposal
site.
• Section E must be completed by the
owner/operator of a sewage sludge
incinerator.
You need only submit the Sections of
Part 2 that apply.
Part 1: Limited Background
Information
Part 1 requests a limited amount of
information from "sludge-only"
facilities (facilities without a currently-
effective NPDES permit) that are not
requesting site-specific permit limits
and are not directed by the permitting
authority to submit a full permit
application at this time. This limited
screening information must be
submitted as expeditiously as possible,
but no later than 180 days after
publication of an applicable use or
disposal standard. It is intended to
allow the permitting authority to
identify these facilities, track sewage
sludge use and disposal, and establish
priorities for permitting.
1. Facility Information.
a. Provide the facility's official or
legal name. Do not use a colloquial
name.
b. Provide the complete mailing
address of the office where
correspondence should be sent. This
may differ from the facility location
given in Question l.d.
c. Provide the name, title, and work
telephone number of a person who is
thoroughly familiar with the operation
of the facility and with the facts
reported in this application, and who
can be contacted by the permitting
authority if necessary.
d. Provide the physical location of the
facility. If the facility lacks a street
address or route number, provide the
most accurate alternative geographic
information (e.g., township and range,
section or quarter section number, or
nearby highway intersection).
e. Indicate the type of facility.
A publicly owned treatment works
(POTW) is any device or system used in
the treatment (including recycling and
reclamation) of municipal sewage or
industrial wastes of a liquid nature
which is owned by a State or
municipality. This definition includes
sewers, pipes, or other conveyances
only if they convey wastewater to a
POTW providing treatment.
A privately owned treatment works is
any device or system which is (a) used
to treat wastes from any facility whose
-------
62646 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
operator is not the operator of the
treatment works and (b) not a POTW or
federally owned treatment works.
A federally owned treatment works is
a facility that is owned and operated by
a department, agency, or instrumentality
of the Federal Government that treats
wastewater, a majority of which is
domestic sewage, prior to discharge in
accordance with a permit issued under
section 402 of the Federal Water
Pollution Control Act.
A blending or treatment operation
means any sewage sludge or wastewater
treatment device or system, regardless of
ownership (including Federal facilities),
used in the storage, treatment, recycling,
and reclamation of domestic sewage,
including land dedicated for the
disposal of sewage sludge. For purposes
of this form, such devices or systems
include blending or treatment
operations that derive material from
sewage sludge but do not generate
sewage sludge.
A surface disposal site is an area of
land that contains one or more active
sewage sludge units.
An active sewage sludge unit is land
on which only sewage sludge is placed
for final disposal. This does not include
land,on which sewage sludge is either
stored or treated. Land does not include
waters of the United States, as defined
in 40 CFR 122.2.
A sewage sludge incinerator is an
enclosed device in which only sewage
sludge and auxiliary fuel are fired.
2. Applicant Information.
a. If someone other than the facility
contact person is submitting this
application, provide the name of that
person's organization.
b. Provide the complete mailing
address of the applicant's organization.
c. Provide the name and work
telephone number of a person who is
thoroughly familiar with the operation
of the facility and with the facts
reported in this application, and who
can be contacted by the permitting
authority if necessary.
d. Indicate whether this applicant is
the owner or operator (or both) of the
facility. If it is neither, describe the
relationship of the applicant to the
facility.
e. Indicate whether you want
correspondence regarding this
application directed to the applicant or
to the facility address provided in
question 1.
3. Sewage Sludge Amount. List, on a
dry weight basis, the total dry metric
tons of sewage sludge per latest 365-day
period handled at this facility.
Dry weight basis means calculated on
the basis of having been dried at 105
degrees C until reaching a constant
weight (i.e., essentially 100 percent
solids content).
a. The amount generated is, for
purposes of this application, the amount
of sewage sludge generated during the
treatment of domestic sewage at the
facility.
b. The amount received from off site
is any additional amount of sewage
sludge handled at your facility that is
not generated during the treatment of
domestic sewage at your facility.
c. The amount treated or blended on
site is the amount of sewage sludge
generated on site, plus the amount
received from off site, that undergoes
treatment on site. Treatment is the
preparation of sewage sludge for final
use or disposal. Treatment, for purposes
of this form, includes the following:
• Thickening and stabilization;
• Processing (e.g., composting) for
purposes of pathogen reduction and
vector attraction reduction; and
• Blending with a bulking agent or
with sewage sludge from another
facility.
Treatment does not include storage of
sewage sludge.
d. The amount sold or given away in
a bag or other container for application
to the land is the amount placed in a bag
or other container at your facility.
An other container is either an open
or closed receptacle, including but not
limited to, a bucket, box, carton,
vehicle, or trailer with a load capacity
of one metric ton or less.
e. The amount of bulk sewage sludge
shipped off site for treatment or
blending is the amount of sewage sludge
that is shipped to another facility in
bulk form (i.e., not in a bag or other
container), where the other facility
derives a material from the sewage
sludge (i.e., it is a "person who
prepares").
This question does not cover sewage
sludge sent directly to a land
application site, surface disposal site,
municipal solid waste landfill, or
sewage sludge incinerator.
f. The amount applied to the land in
bulk form is the amount of bulk sewage
sludge from your facility that is sent
directly to a land application site from
your facility. It does not cover sewage
sludge placed in a bag or other
container, nor does it cover sewage
sludge shipped off site for treatment or
for sale or give-away in a bag or other
container.
g. The amount placed on a surface
disposal site is the amount of sewage
sludge from your facility that is placed
on a surface disposal site, regardless of
whether you own or operate the surface
disposal site.
h. The amount fired in a sewage
sludge incinerator is the amount of
sewage sludge from your facility that is
fired in a sewage sludge incinerator,
regardless of whether you own or
operate the sewage sludge incinerator.
i. The amount sent to a municipal
solid waste landfill (MSWLF) is the
amount of sewage sludge from your
facility that is sent directly to a MSWLF,
which is a discrete area of land or an
excavation that receives household
waste and other solid wastes.
j. The amount used or disposed by
another practice is the amount of
sewage sludge generated on site or
received from off site that is not covered
in Questions 3.d-3.i above.
4. Pollutant Concentrations. Provide
available data on the concentrations of
the listed pollutants in the sewage
sludge from this facility. If
concentration data are available for
pollutants not on this list, provide those
data as well. Provide up to three data
points taken at least one month apart
during the last two years. If data from
the last two years are unavailable,
provide the most recent data.
Express pollutant concentrations as
dry weight concentrations.
You may use a separate attachment in
addition to, or instead of, the table
provided.
You need not perform additional
pollutant monitoring to comply with
this requirement; rather, only available
data are requested.
Calculations on a dry weight basis are
based on sewage sludge having been
dried at 105 degrees Celsius until
reaching a constant weight (i.e.,
essentially 100 percent solids content).
The Part 503 sewage sludge use or
disposal regulation requires the use of
Test Method SW-846 (in "Test Methods
for Evaluating Solid Waste, Physical/
Chemical Methods," Second and Third
Editions) to analyze samples of sewage
sludge for compliance with Part 503.
SW-846 is recommended, but not
required, for purposes of providing
sewage sludge quality information in
the permit application.
5. Treatment Provided at Your
Facility. Provide the following
information regarding sewage sludge
treatment on site. This question does
not request information on sewage
sludge treatment at an off-site use or
disposal facility.
a. Indicate the class of pathogen
reduction (Class A or Class B) that is
achieved at your facility. You may select
"neither or unknown" only if sewage
sludge is placed on an active sewage
sludge unit that is covered with soil or
other material at the end of each
operating day, sent to another facility
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62647
for additional treatment, fired in a
sewage sludge incinerator, or placed on
a municipal solid waste landfill unit.
Options for meeting Class A pathogen
reduction are listed at § 503.32(a).
Options for meeting Class B pathogen
reduction are listed at § 503.32(b).
b. Provide a written description of any
treatment processes used to reduce
pathogens in sewage sludge, including
an indication of how the treatment
fulfills one of the options for meeting
Class A or Class B pathogen reduction.
You may attach existing documentation
(e.g., technical or process specifications)
to meet this requirement.
c. Indicate whether any of the vector
attraction reduction options in
§503.33(b) (l)-(ll) are met before
sewage sludge leaves the facility.
Options 1-8 are typically met at the
point where sewage sludge is generated
or where a material is derived from
sewage sludge, and Options 9-11 are
typically met at the point of use or
disposal.
You may select "none or unknown"
only in the following cases:
• If sewage sludge is fired in a sewage
sludge incinerator; or
• If sewage sludge is placed on a
municipal solid waste landfill unit.
Land application: Sewage sludge
applied to agricultural land, a forest, a
public contact site, or a reclamation site
must meet one of the vector attraction
reduction options 1-10, which are
defined at § 503.33(b) (I)-(IO),
respectively. Sewage sludge applied to a
lawn or home garden, or placed in a bag
or other container for sale or give-away
for application to the land, must meet
any of options 1-8, defined at
§503.33(b) (l)-(8), respectively.
Surface disposal: Sewage sludge
placed on an active sewage sludge unit
must meet one of vector attraction
reduction options 1—11, which are
defined at § 503.33(b) (l)-(ll),
respectively.
d. Provide a written description of
any treatment processes used to reduce
vector attraction characteristics of
sewage sludge, including an indication
of how the treatment fulfills one of
options 1-11 for vector attraction
reduction. You may attach existing
documentation (e.g., technical or
process specifications) to meet this
requirement.
6. Sewage Sludge Sent to Other
Facilities. If sewage sludge from your
facility is sent to an off-site facility for
treatment, distribution, use, or disposal,
provide the information requested
below for each receiving facility. If
sewage sludge is sent to more than one
off-site facility, attach additional pages
if necessary.
For purposes of this form, an off-site
facility is a facility or site that is located
on land physically separate from the
land used in connection with your
facility. "Off site" may include facilities
or sites that you own if they are not
located on the same property or on
adjacent property.
a. Provide the facility's official or
legal name. Do not use a colloquial
name.
b. Provide the name, title, and work
telephone number of a person who is
thoroughly familiar with the operation
of the facility receiving the sewage
sludge, and who can be contacted by the
permitting authority if necessary.
c. Provide the complete mailing
address at the off-site facility where
correspondence should be sent.
d. Indicate which activities the
receiving facility performs on the
sewage sludge from your facility.
7. Use and Disposal Sites. If sewage
sludge is sent directly from your facility
to a use or disposal site (i.e., it is not
sent to another facility), provide the
following information for each such site
(attach additional pages if necessary):
a. Provide the site name and/or
number. The name and/or number is
any designation commonly used to refer
to the site. If the site has been
previously designated in another
permit, use that designation.
b. Provide the name, title, and work
telephone number of a person who is
thoroughly familiar with the operation
of the use or disposal site, and who can
be contacted by the permitting authority
if necessary.
c. Answer either question 1 or
question 2.
1. Provide the physical location (street
address) of the site. If the site lacks a
street address or route number, provide
the most accurate alternative geographic
information (e.g., township and range,
section or quarter section number,
nearby highway intersection).
2. Provide the latitude and longitude
of the center of the site. If a map was
used to obtain latitude and longitude,
provide map datum (e.g., NAD 27, NAD
83) and map scale (e.g., 1:24000,
1:100000).
d. The site type is the intended end
use of the land. Applicable sewage
sludge use and disposal standards, and
thus permit conditions, differ according
to type of site.
Agricultural land is land on which a
food crop, a feed crop, or a fiber crop
is grown. This includes range land,
which is open land with indigenous
vegetation, and pasture, which is land
on which animals feed directly on crops
such as grasses, grain stubble, or stover.
Forest is a tract of land thick with
trees and underbrush.
A public contact site is land with a
high potential for contact by the public.
Public contact sites include public
parks, ball fields, cemeteries, plant
nurseries, turf farms, and golf courses.
A reclamation site is land that has
been drastically disturbed by strip
mining, fires, construction, etc. As part
of the reclamation process, sewage
sludge is applied for its nutrient and
soil conditioning properties to help
stabilize and revegetate the land.
For purposes ofthis form, a lawn or
home garden is privately-owned land on
which crops or other vegetation are
grown for private, non-commercial use
and on which use by the general public
does not occur.
A surface disposal site is an area of
land that contains one or more active
sewage sludge units. An active sewage
sludge unit is land on which only
sewage sludge is placed for final
disposal.
A sewage sludge incinerator is an
enclosed device in which sewage sludge
and auxiliary fuel are fired.
A municipal solid waste landfill is a
discrete area of land or an excavation
that receives household waste and other
solid wastes.
8. Certification. All permit
applications must be signed and
certified.
An application submitted by a
municipality, State, Federal, or other
public agency must be signed by either
a principal executive officer or ranking
elected official. A principal executive
officer of a Federal agency includes: (1)
The chief executive officer of the
agency, or (2) a senior executive officer
having responsibility for the overall
operations of a principal geographic
unit of the agency (e.g., Regional
Administrators of EPA).
An application submitted by a
corporation must be signed by a
responsible corporate officer. A
responsible corporate officer means: (1)
A president, secretary, treasurer, or vice
president in charge of a principal
business function, or any other person
who performs similar policy- or
decision-making functions; or (2) the
manager of manufacturing, production,
or operating facilities employing more
than 250 persons or having gross annual
sales or expenditures exceeding $25
million (in second quarter 1980 dollars),
if authority to sign documents has been
assigned or delegated to the manager in
accordance with corporate procedures.
An application submitted by a
partnership or sole proprietorship must
be signed by a general partner or the
proprietor, respectively.
-------
62648 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
Part 2: Permit Application Information
Part 2 of this form pertains to facilities
that are submitting a full permit
application at this time. This includes
facilities applying for an NPDES permit
as well as "sludge-only" facilities that
are applying for site-specific pollutant
limits.
Review items 1-5 of the Application
Overview section to determine which
sections of Part 2 cover your facility's
sewage sludge use or disposal practices.
Table 1, below, summarizes which
sections cover which activities.
TABLE 1 .—GUIDELINES FOR COMPLETING PART 2
Activity(ies) performed
Generates sewage sludge or derives material from sewage sludge
That meets ceiling concentrations in Table 1 of 40 CFR 503.13,
pollutant concentrations in Table 3 of §503.13, Class A patho-
gen requirements in § 503.32, and one of the eight vector attrac-
tion reduction options in § 503 33 (b) (1 )-(8)
That is sold or given away in bag or other container for application
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
•
•
•
•
•
•
•
•
•
•
•
B
•
(B.1-B.3)
• (B.4)
• (B.5)
• (B.6)
• (B.7)
• (B.8)
• (B.9)
• (B.10)
C
•
•
D
•
E
•
Section A: General Information
All applicants must complete Section
A, which requests general information
about the facility.
A.I. Facility Information.
a. Provide the facility's official or
legal name. Do not use a colloquial
name.
b. Provide the complete mailing
address of the office where
correspondence should be sent. This
may differ from the facility location
given in Question l.d.
c. Provide the name, title, and work
telephone number of a person who is
thoroughly familiar with the operation
of the facility and with the facts
reported in this application, and who
can be contacted by the permitting
authority if necessary.
d. Provide the physical location
(street address) of the facility. If the
facility lacks a street address or route
number, provide the most accurate
alternative geographic information (e.g.,
township and range, section or quarter
section number, nearby highway
intersection).
e. Provide the latitude and longitude
of the facility. This information is
required by EPA's Locational Data
Policy. If a map was used to obtain
latitude and longitude, provide map
datum (e.g., NAD 27, NAD 83) and map
scale (e.g., 1:24000,1:100000).
f. Indicate whether the facility is a
Class I sludge management facility. A
Class I sludge management facility is
either:
• Any POTW required to have an
approved pretreatment program under
40 CFR 403.8(a), including any POTW
located in a State assuming local
pretreatment program responsibilities
pursuant to 40 CFR 403.10(e)); or
• Any treatment works treating
domestic sewage, as defined in 40 CFR
122.2, classified as a Class I sludge
management facility by the EPA
Regional Administrator, or, in the case
of approved State programs, the
Regional Administrator in conjunction
with the State Director, because of the
potential for its sewage sludge use or
disposal practices to adversely affect
public health and the environment.
If your facility is a Class I sludge
management facility, you must perform
a toxicity characteristic leaching
procedure (TCLP) on this facility's
sewage sludge. Submit the results (pass
or fail) of all TCLP tests you have
performed during the past five years
that you have not already submitted to
the permitting authority.
g. Provide the facility's design
influent flow rate. "Design influent flow
rate" means the average flow the
treatment works was designed to treat.
Enter the design influent flow rate in
million gallons per day (mgd), to two
decimal places (e.g., 3.12 mgd translates
to three million one hundred twenty
thousand gallons per day).
h. For all areas served by the
treatment works (municipalities and
unincorporated service areas), enter the
best estimate of the actual population
served at the time of application. If
another treatment works discharges into
this treatment works, provide on a
separate attachment the name of the
other treatment works and the actual
population it serves (it is not necessary
to list the communities served by the
other treatment works).
i. Indicate the type of facility.
A publicly owned treatment works
(POTW) is any device or system used in
the treatment (including recycling and
reclamation) of municipal sewage or
industrial wastes of a liquid nature
which is owned by a State or
municipality. This definition includes
sewers, pipes, or other conveyances
only if they convey wastewater to a
POTW providing treatment.
A privately owned treatment works is
any device or system which is (a) used
to treat wastes from any facility whose
operator is not the operator of the
treatment works and (b) not a POTW or
federally owned treatment works.
A federally owned treatment works is
a facility that is owned and operated by
a department, agency, or instrumentality
of the Federal government that treats
wastewater, a majority of which is
domestic sewage, prior to discharge in
accordance with a permit issued under
section 402 of the Federal Water
Pollution Control Act.
A blending or treatment operation
means any sewage sludge or wastewater
treatment device or system, regardless of
ownership (including Federal facilities),
used in the storage, treatment, recycling,
and reclamation of domestic sewage,
including land dedicated for the
disposal of sewage sludge. For purposes
of this form, such devices or systems
include blending or treatment
operations that derive material from
sewage sludge but do not generate
sewage sludge.
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62649
A surface disposal site is an area of
land that contains one or more active
sewage sludge units. An active sewage
sludge unit is land on which only
sewage sludge is placed for final
disposal. This does not include land on
which sewage sludge is either stored or
treated. Land does not include waters of
the United States, as defined in 40 CFR
122.2.
A sewage sludge incinerator is an
enclosed device in which sewage sludge
and auxiliary fuel are fired.
A.2. Applicant Information.
a. If someone other than the facility
contact person is submitting this
application, provide the name of that
person's organization.
b. Provide the complete mailing
address of the applicant's organization.
c. Provide the name and work
telephone number of a person who is
thoroughly familiar with the operation
of the facility and with the facts
reported in this application, and who
can be contacted by the permitting
authority if necessary.
d. Indicate whether this applicant is
the owner or operator (or both) of the
facility. If it is neither, describe the
relationship of the applicant to the
facility.
e. Indicate whether you want
correspondence regarding this
application directed to the applicant or
to the facility address provided in
question 1.
A. 3. Permit Information. Provide the
facility's NPDES permit number, if any.
Also provide the number and type of
any relevant Federal, State, or local
environmental permits or construction
approvals received or applied for,
including but not limited to permits
issued under any of the following
programs:
• Hazardous Waste Management
program under RCRA;
• UIC program under SDWA;
• Prevention of Significant
Deterioration (PSD) program under the
Clean Air Act;
• Nonattainment program under the
Clean Air Act;
• National Emission Standards for
Hazardous Air Pollutants (NESHAPS)
preconstruction approval under the
Clean Air Act;
• Ocean dumping permits under the
Marine Protection, Research, and
Sanctuaries Act; or
• Dredge or fill permits under Section
404ofCWA.
A.4. Federal Indian Reservation.
Identify any generation, treatment,
storage, application to land, or disposal
of sewage sludge that occurs on a
Federal Indian Reservation.
A. 5. Topographic Map. Provide a
topographic map or maps (or other
appropriate map(s) if a topographic map
is unavailable) that shows the items
identified below, including the areas
one mile beyond the property
boundaries of the facility.
a. Location of all sewage sludge
management facilities, including land
application sites and locations where
sewage sludge is generated, treated, or
disposed;
b. Location of all water bodies within
one mile beyond the facility's property
boundaries; and
c. Location of all wells used for
drinking water listed in public records
or otherwise known to you within Vi
mile of the facility property boundaries.
On each map, include the map scale,
a meridian arrow showing north, and
latitude and longitude at the nearest
whole second. Use a 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 7V2-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
/Vz-minute nor 15-minute series map
has been published for your facility site,
use a plat map or other appropriate
map, including all the requested
information; in this case, briefly
describe land uses in the map area (e.g.,
residential, commercial). If you have
previously prepared a map that includes
these three items, that map may be
submitted to fulfill this requirement if it
is still accurate.
Maps may be purchased at local
dealers (listed in your local yellow
pages) or purchased over the counter at
the following USGS Earth Science
Information Centers (ESIC);
Anchorage-ESIC, 4230 University Dr., Rm.
101, Anchorage, AK 99508-4664,
(907)786-7011
Lakewood-ESIC, Box 25046, Bldg. 25, Rm.
1813, Denver Federal Center, MS 504,
Denver, CO 80225-0046, (303)236-5829
Lakewood Open Files-ESIC, Box 25286, Bldg.
810, Denver Federal Center, Denver, CO
Menlo Park-ESIC, Bldg. 3, Rm. 3128, MS 532,
345 Middlefield Rd., Menlo Park, CA
94025-3591, (415)329-4309
Reston-ESIC, 507 National Center, Reston,
VA 22092, (703)648-6045
Rolla-ESIC, 1400 Independence Rd., MS 231,
Rolla, MO 65401-2602, (314)341-0851
Salt Lake City-ESIC, 2222 West 2300 South,
Salt Lake City, UT 84119, (801)975-3742
Sioux Falls-ESIC, EROS Data Center, Sioux
Falls, SD 57198-0001, (605)594-6151
Spokane-ESIC, U.S. Post Office Bldg., Rm.
135, 904 W. Riverside Ave., Spokane, WA
99201-1088, (509)353-2524
Stennis Space Center-ESIC, Bldg. 3101,
Stennis Space Center, MS 39529, (601)688-
3541
Washington, D.C.-ESIC, U.S. Dept. of Interior,
1849 C St., NW, Rm. 2650, Washington,
D.C. 20240, (202)208-4047
All maps should be either on paper or
other material appropriate for
reproduction. If possible, all sheets
should be approximately letter size with
margins suitable for filing and binding.
As few sheets as necessary should be
used to clearly show what is involved.
Each sheet should be labeled with your
facility's name, permit number, location
(city, county, or town), date of drawing,
and designation of the number of sheets
of each diagram as "page of
A.6. Line Drawing. Attach to this form
a line drawing, simple flow diagram, or
narrative description that identifies all
sewage sludge processes employed
during the permit term, including the
information requested on the
application form.
A.7. Contractor Information.
If a contractor carries out any
operational or maintenance aspects
associated with this facility, provide the
name, mailing address, and telephone of
each such contractor. Also provide a
description of the activities performed
by the contractor. Attach additional
pages if necessary.
A.8. Pollutant Concentrations.
• All facilities must complete Section
A.S.a. (Part 503 Metals, Nutrients, and
percent solids).
• Complete Section A.S.b. if this
facility is a Class I sludge management
facility.
A Class I sludge management facility
is either:
—Any POTW required to have an
approved pretreatment program under
40 CFR 403.8(a), including any POTW
located in a State assuming local
pretreatment program responsibilities
pursuant to 40 CFR 403.10(e)); or
—Any treatment works treating
domestic sewage, as defined in 40
CFR 122.2, classified as a Class I
sludge management facility by the
EPA Regional Administrator, or, in
the case of approved State programs,
the Regional Administrator in
conjunction with the State Director,
because of the potential for its sewage
sludge use or disposal practices to
adversely affect public health and the
environment.
Provide pollutant concentration data
as follows:
• Submit data for each of the
pollutants listed in the appropriate
section.
• For the listed pollutants, data may
not be more than two years old. If
existing data are not available for a
pollutant, you must obtain and analyze
at least one sample for that pollutant.
-------
62650 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
• In addition, if you have any
available concentration data for
pollutants not listed in the section you
are completing, provide those data as
well. If data for such additional
pollutants are not available from the last
two years, provide the most recent data.
• Express pollutant concentrations as
dry weight concentrations.
• You may use a separate attachment
in addition to or instead of the table
provided.
Calculations on a dry weight basis are
based on sewage sludge having been
dried at 105 degrees Celsius until
reaching a constant weight (i.e.,
essentially 100 percent solids content).
The Part 503 sewage sludge use or
disposal regulation requires the use of
Test Method SW-846 (in "Test Methods
for Evaluating Solid Waste, Physical/
Chemical Methods," Second and Third
Editions) to analyze samples of sewage
sludge for compliance with Part 503.
SW-846 is recommended, but not
required, for purposes of providing
sewage sludge quality information in
the permit application.
A.9. Certification. All permit
applications must be signed and
certified. Also indicate in the boxes
provided, which sections of Form 2S
you are submitting with this
application.
An application submitted by a
municipality, State, Federal, or other
public agency must be signed by either
a principal executive officer or ranking
elected official. A principal executive
officer of a Federal agency includes: (1)
The chief executive officer of the
agency, or (2) a senior executive officer
having responsibility for the overall
operations of a principal geographic
unit of the agency (e.g., Regional
Administrators of EPA).
An application submitted by a
corporation must be signed by a
responsible corporate officer. A
responsible corporate officer means: (1)
A president, secretary, treasurer, or vice
president in charge of a principal
business function, or any other person
who performs similar policy- or
decision-making functions; or (2) the
manager of manufacturing, production,
or operating facilities employing more
than 250 persons or having gross annual
sales or expenditures exceeding $25
million (in second quarter 1980 dollars),
if authority to sign documents has been
assigned or delegated to the manager in
accordance with corporate procedures.
An application submitted by a
partnership or sole proprietorship must
be signed by a general partner or the
proprietor, respectively.
Section B: Generation of Sewage Sludge
or Preparation of a Material Derived
From Sewage Sludge
Complete this section if you are a
"person who prepares sewage sludge."
A person who prepares sewage sludge is
a person who generates sewage sludge
during the treatment of domestic sewage
in a treatment works or who derives a
material from sewage sludge. This
section, therefore, pertains to any POTW
or other treatment works that generates
sewage sludge, as well as to any facility
that derives a material from sewage
sludge (e.g., it composts sewage sludge
or blends sewage sludge with another
material). Simply distributing sewage
sludge or placing it in a bag or other
container for sale or give-away for
application to the land is not considered
"deriving a material" from sewage
sludge (because it does not change
sludge quality), and thus a facility that
only distributes or bags a sewage sludge
would not be automatically required to
provide the information in this section.
B.I. Amount Generated On Site.
Provide the total dry metric tons per
365-day period of sewage sludge that is
generated at your facility. Report only
the amount of sewage sludge that is
generated during treatment of domestic
sewage in a treatment works, not the
amount of material that is derived from
sewage sludge.
B.2. Amount Received from Off Site.
Provide the following information if
your facility receives any sewage sludge
from an off-site facility for further
treatment (including blending), use, or
disposal at your facility. If your facility
receives sewage sludge from more than
one off-site facility, provide this
information separately for each such
facility. Attach additional pages as
necessary.
For purposes of this form, an off-site
facility is a facility or site that is located
on land physically separate from the
land used in connection with your
facility. "Off site" may include facilities
or sites that you own if they are not
located on the same property or on
adjacent property.
a. Provide the official or legal name of
the off-site facility. Do not use a
colloquial name.
b. Provide the name and work
telephone number of a person who is
thoroughly familiar with the operation
of the off-site facility and with the facts
reported in this section, and who can be
contacted by the permitting authority if
necessary.
c. Provide the complete mailing
address at the off-site facility where
correspondence should be sent.
d. Provide the physical location
(street address) of the off-site facility. If
the facility lacks a street address or
route number, provide the most accurate
alternative geographic information (e.g.,
township and range, section or quarter
section number, nearby highway
intersection).
The off-site facility providing the
sewage sludge is, by definition, also a
"person who prepares sewage sludge".
Both you and the off-site facility are
required to apply for a permit and are
required to ensure that applicable Part
503 requirements are met.
e. Provide the total dry metric tons
per 365-day period received from the
off-site facility.
f. Describe any treatment processes
occurring at the off-site facility,
including blending activities and
treatment to reduce pathogens or vector
attraction characteristics. "Treatment"
does not include dewatering.
B.3. Treatment Provided at Your
Facility. Provide the following
information regarding sewage sludge
treatment at your facility. This question
does not request information on sewage
sludge treatment at an off-site use or
disposal facility.
a. Indicate the class of pathogen
reduction (Class A or Class B) that is
achieved before sewage sludge leaves
the facility. You may select "neither or
unknown" only if sewage sludge is
placed on an active sewage sludge unit
that is covered with soil or other
material at the end of each operating
day, sent to another facility for
additional treatment, fired in a sewage
sludge incinerator, or placed on a
municipal solid waste landfill unit.
Options for meeting Class A pathogen
reduction are listed at § 503.32(a).
Options for meeting Class B pathogen
reduction are listed at § 503.32(b).
b. Provide a written description of any
treatment processes used to reduce
pathogens in sewage sludge, including
an indication of how the treatment
fulfills one of the options for meeting
Class A or Class B pathogen reduction.
You may attach existing documentation
(e.g., technical or process specifications)
to meet this requirement.
c. Indicate whether any of vector
attraction reduction options 1-8 are met
before sewage sludge leaves the facility.
Options 1-8 are published at § 503.33(b)
(l)-(8), and typically are met at the
point of sewage sludge generation.
Options 9,10, and 11 (published at
§ 503.33(b) (9)-(ll), respectively) are
also available, but are typically met at
the point of use or disposal and are
covered elsewhere in this form.
You may select "none or unknown"
only in the following cases:
• If sewage sludge is sent to another
facility for additional treatment;
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62651
• If option 9 (injection below land
surface) or option 10 (incorporation into
soil within six hours) is met at a land
application site;
• If option 9 (injection below land
surface), option 10 (incorporation into
soil within six hours), or option 11
(daily cover) is met at an active sewage
sludge unit at a surface disposal site;
• If sewage sludge is fired in a sewage
sludge incinerator; or
• If sewage sludge is placed on a
municipal solid waste landfill unit.
Lana application: Sewage sludge
applied to agricultural land, a forest, a
public contact site, or a reclamation site
must meet one of the vector attraction
reduction options 1-10, which are
defined at § 503.33(b) (1)-(10),
respectively. Sewage sludge applied to a
lawn or home garden, or placed in a bag
or other container for sale or give-away
for application to the land, must meet
any of options 1—8, denned at
§ 503.33(b) (l)-(8), respectively.
Surface disposal: Sewage sludge
placed on an active sewage sludge unit
must meet one of vector attraction
reduction options 1-11, which are
defined at § 503.33(b) (l)-(H),
respectively.
d. Provide a written description of
any treatment processes used to reduce
vector attraction characteristics of
sewage sludge, including an indication
of how the treatment fulfills one of
options 1—8 for vector attraction
reduction. You may attach existing
documentation (e.g., technical or
process specifications) to meet this
requirement.
e. Provide a written description of any
other treatment or blending activities
not described in B.3.b or B.3.d above.
"Other treatment" does not include
dewatering or placement of sewage
sludge in a bag or other container for
sale or give-away for application to
land. You may attach existing
documentation (e.g., technical or
process specifications) to meet this
requirement.
B.4. Preparation of Sewage Sludge
Meeting Ceiling Concentrations,
Pollutant Concentrations, Class A
Pathogen Requirements, and One of
Vector Attraction Reduction Options 1-
8.
Complete this section if sewage
sludge from this facility meets all of the
following criteria:
• The ceiling concentrations in Table
1 of § 503.13(b)(l) and the pollutant
concentrations in Table 3 of
§503.13(b)(3);
• The Class A pathogen reduction
requirements in § 503.32(a); and
• One of the vector attraction
reduction options in § 503.33(b) (l)-(8).
Sewage sludge meeting all of these
criteria 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 B.5—B. 7 unless
specifically required to complete any of
them by the permitting authority.
a. Provide the total dry metric tons
per 365-day period of sewage sludge
that is applied to the land and that
meets the Table 1 ceiling
concentrations, the Table 3 pollutant
concentrations, Class A pathogen
requirements, and one of vector
attraction reduction options 1-8.
b. Indicate whether sewage sludge
that meets the Table 1 ceiling
concentrations, the Table 3 pollutant
concentrations, Class A pathogen
requirements, and one of vector
attraction reduction options 1-8 is
placed in bags or other containers at
your facility.
Sewage sludge placed in a bag or
other container must meet the Table 1
ceiling concentrations, the Class A
pathogen requirements, one of vector
attraction reduction options 1-8, and
either the Table 3 pollutant
concentrations or the annual pollutant
loading rates (APLRs) in Table 4 of
§ 503.13. This question does not pertain
to sewage sludge meeting APLRs.
An other container is either an open
or closed receptacle, including but not
limited to a bucket, a box, a carton, and
a vehicle or trailer with a load capacity
of one metric ton or less.
B.5. Sale or Give-Away in a Bag or
Other Container for Application to the
Land. Complete this section if sewage
sludge from this facility is sold or given
away in a bag or other container for
application to the land. Skip this
section, however, for any sewage sludge
you reported in Section B.4 (i.e., sludge
meeting Table 1 ceiling concentrations,
Table 3 pollutant concentrations, Class
A pathogen requirements, and one of
vector attraction reduction options 1-8).
A bag or other container includes an
open or closed receptacle such as a
bucket, box, carton, or vehicle or trailer
with a load capacity of one metric ton
or less.
a. Provide the total dry metric tons
per 365-day period placed in bags or
other containers for sale or give-away.
b. Attach with this application a copy
of any label or information sheet that
accompanies the product being sold or
given away. When sewage sludge is
placed in a bag or other container for
sale or give-away for application to the
land, either a label must be affixed to
the bag or other container, or an
information sheet must be provided to
the person receiving the sewage sludge.
The label or information sheet must
contain the following information:
• The name and address of the person
who prepared the sewage sludge that is
sold or given away in a bag or other
container for application to the land;
• A statement that application of the
sewage sludge to the land is prohibited
except in accordance with the
instructions on the label or information
sheet; and
• The annual whole sludge
application rate for the sewage sludge
that does not cause any of the annual
pollutant loading rates in Table 4 of
§ 503.13 to be exceeded.
B.6. Shipment-Off Site for Treatment
or Blending. Complete this section if
you provide sewage sludge to another
facility, and that facility provides
treatment or blending (i.e., it derives a
material from sewage sludge).
Skip this section, however, for any
sewage sludge that is:
• Covered in Section B.4 (i.e., it meets
the Table 1 ceiling concentrations, the
Table 3 pollutant concentrations, Class
A pathogen reduction requirements, and
one of vector attraction reduction
options 1-8);
• Covered in Section B.5 (i.e., it is
placed in a bag or other container at
your facility); or
• Sent directly from your facility to a
land application site or surface disposal
site.
If you provide sewage sludge to more
than one facility that provides treatment
or blending, complete Section B.6 for
each such facility. Attach additional
pages as necessary.
a. Provide the official or legal name of
the facility receiving the sewage sludge.
Do not use a colloquial name.
b. Provide the name, title, and work
telephone number of a person who is
thoroughly familiar with the operation
of the facility receiving the sewage
sludge, and who can be contacted by the
permitting authority if necessary.
c. Provide the complete mailing
address of the receiving facility where
correspondence should be sent.
d. Provide the total dry metric tons
per 365-day period your facility sends to
the receiving facility. Do not include
sewage sludge that other facilities send
to the receiving facility.
e. Indicate whether the facility
receiving the sewage sludge provides
additional treatment to reduce
pathogens in sewage sludge from your
facility. Also indicate whether Class A
or Class B pathogen reduction is
-------
62652 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
achieved before the sewage sludge
leaves the receiving facility.
Options for meeting Class A pathogen
reduction are listed at § 503.32(a).
Options for meeting Class B pathogen
reduction are listed at § 503.32(b).
Provide a written description of any
treatment processes used at the
receiving facility to reduce pathogens in
sewage sludge, including an indication
of how the treatment fulfills one of the
options for meeting Class A or Class B
pathogen reduction. You may attach
existing documentation (e.g., technical
or process specifications) to meet this
requirement.
r. Indicate whether the facility
receiving the sewage sludge provides
additional treatment to reduce vector
attraction characteristics of the sewage
sludge from your facility. Also indicate
whether any of vector attraction
reduction options 1-8 are met before the
sewage sludge leaves the receiving
facility. Options 1-8 are typically met at
the point of sewage sludge generation or
treatment; additional options are
available, but these are typically met at
the point of use or disposal.
Land application: Sewage sludge
applied to agricultural land, forest, a
public contact site, or a reclamation site
must meet one of vector attraction
reduction options 1-10, which are
defined at § 503.33(b) (I)-(IO),
respectively. Sewage sludge applied to a
lawn or home garden, or placed in a bag
or other container for sale or give-away
for application to the land, must meet
one of vector attraction reduction
options 1-8, defined at §503.33(b) (1)-
(8), respectively.
Surface disposal: Sewage sludge
placed on an active sewage sludge unit
meet one of vector attraction reduction
options 1-11, which are defined at
§503.33(b) (l)-(ll), respectively.
Provide a written description of any
treatment processes used at the
receiving facility to reduce vector
attraction reduction characteristics of
sewage sludge, including an indication
of how the treatment fulfills one of
options 1-8 for vector attraction
reduction. You may attach existing
documentation (e.g., technical or
process specifications) to meet this
requirement.
g. Provide a written description of any
other treatment or blending not
described in B.B.e or B.6.f above. This
does not include dewatering of sewage
sludge. You may attach existing
documentation (e.g., technical or
process specifications) to meet this
requirement.
h. If you generate sewage sludge or
derive a material from sewage sludge,
and you provide that sewage sludge to
another person who derives a material
from the sewage sludge, § 503.12(g)
requires you to provide that person with
notice and necessary information to
comply with land application
requirements of Part 503. If you
answered "yes" to B.6.e, B.B.f, or B.6.g,
the receiving facility is a "person who
prepares sewage sludge" and you must
provide, with this application, a copy of
any notice and other information you
provide to the receiving facility.
i. If the receiving facility places
sewage sludge from your facility in a
bag or other container for sale or give-
away for application to the land,
provide a copy of all labels or notices
that accompany the product being sold
or given away.
A bag or other container includes an
open or closed receptacle such as a
bucket, box, carton, or vehicle or trailer
with a load capacity of one metric ton
or less.
When sewage sludge is placed in a
bag or other container for sale or give-
away for application to the land, either
a label must be affixed to the bag or
other container, or an information sheet
must be provided to the person
receiving the sewage sludge. The label
or information sheet must contain the
following information:
• The name and address of the person
who prepared the sewage sludge that is
sold or given away in a bag or other
container for application to the land;
• A statement that application of the
sewage sludge to the land is prohibited
except in accordance with the
instructions on the label or information
sheet; and
• The annual whole sludge
application rate for the sewage sludge
that does not cause any of the annual
pollutant loading rates in Table 4 of
§ 503.13 to be exceeded.
B.7. Land Application of Bulk Sewage
Sludge. Complete this section if bulk
sewage sludge from your facility is
sprayed or spread onto the land surface,
injected below the land surface, or
incorporated into the soil in order to
condition the soil or fertilize crops or
vegetation grown in the soil.
Skip this section, however, for sewage
sludge that is;
• Covered in Section B.4 (i.e., it meets
the ceiling concentrations in Table 1 of
§ 503.13(b)(l), the pollutant
concentrations in Table 3 of
§ 503.13(b)(3), the Class A pathogen
reduction requirements in § 503.32(a),
and one of the vector attraction
reduction options in § 503.33(b)(l)-(8));
1
• Covered in Section B.5 (i.e., it is
placed in a bag or other container for
sale or give-away for application to the
land); or
• Covered in Section B.6 (i.e., it is
sent to another facility for treatment or
for blending).
Bulk sewage sludge is defined as
sewage sludge that is not sold or given
away in a bag or other container for
application to the land. (A bag or other
container includes an open or closed
receptacle such as a bucket, box, carton,
or vehicle or trailer with a load capacity
of one metric ton or less.)
If you complete this section (which
requests summary information for all
bulk sewage sludge that is applied to the
land), also complete Section C for each
land application site.
a. Provide the total dry metric tons
per 365-day period your facility sends to
all land application sites. Do not
include sewage sludge sent to land
application sites by other facilities.
b. Indicate whether all land
application sites are identified in
Section C of this application. If you are
not identifying all sites in Section C,
provide a copy of the land application
plan with this permit application.
(Information is collected in Section C
for each land application site that has
been identified at the time of permit
application.)
Current regulations require you to
submit a land application plan at the
time of permit application if you intend
to apply sewage sludge to land
application sites that have not been
identified at the time of permit
application. (This requirement does not
apply if your sewage sludge meets the
ceiling concentrations in Table 1 of
§ 503.13(b)(l), the pollutant
concentrations in Table 3 of
§ 503.13(b)(3), the Class A pathogen
reduction requirements in § 503.32(a),
and one of the vector attraction
reduction options in § 503.33(b) (l)-(8).)
At a minimum, the land application
plan must:
• Describe the geographical area
covered by the plan;
• Identify site selection criteria;
• Describe how sites will be managed;
• Provide for advance notice to the
permitting authority of specific land
application sites and a reasonable time
for the permitting authority to object
prior to the sewage sludge application;
and
• Provide for advance public notice
as required by State and local law, but
in all cases require notice to land
owners and occupants adjacent to or
abutting the proposed land application
sites.
The permit writer will work with you
to develop additional details of the land
application plan on a case-by-case basis.
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62653
Such details include site selection
criteria (site slope, run-on and run-off
control, etc.) and site management
guidelines (sludge application rates,
access controls, etc.).
The land application plan is an
alternative to either (1) requiring
identification of, and permit conditions
for, all potential land application sites at
the time of permit issuance, or (2)
requiring an individual permit action
for each approval of a land application
site. A land application plan provides
for public notice when the land
application plan is developed as part of
the permit, and it discusses how the
public will be notified on a case-by-case
basis. For this reason, public notice of
the permit will be required to reach
areas within the territorial scope of the
land application plan. The public notice
must indicate that the permit includes
a land application plan, and the fact
sheet must briefly describe the contents
of the land application plan.
c. If any land application sites are
located in States other than the State
where you generate the bulk sewage
sludge or derive the material from
sewage sludge, describe how the
permitting authority will be notified in
the States where the land application
sites are located.
The permitting authority is either:
• The State, in cases where the State
has an EPA-approved sewage sludge
management program; or
• The EPA Region, in cases where a
State sewage sludge management
program has not yet been approved.
The notice must include the
following:
• The physical location, by either
street address or latitude and longitude,
of each land application site;
• The approximate time period bulk
sewage sludge will be applied to the
site;
• The name, address, and telephone
number of the person who prepares the
bulk sewage sludge and the NPDES
permit number (if applicable) of their
facility; and
• The name, address, and telephone
number of the person who will apply
the bulk sewage sludge and the NPDES
permit number (if applicable) for their
facility.
B.8. Surface Disposal. Complete this
section if sewage sludge from your
facility is placed on a surface disposal
site. If you own or operate a surface
disposal site, also complete Section D.
a. Provide the total dry metric tons
per 365-day period that is sent from
your facility to all surface disposal sites.
Do not include sewage sludge sent to
surface disposal sites by other facilities.
A surface disposal site is an area of
land that contains one or more active
sewage sludge units. An active sewage
sludge unit is a sewage sludge unit that
has not closed. A sewage sludge unit is
land on which only sewage sludge is
placed for final disposal, excluding land
on which sewage sludge is either stored
or treated.
b. If sewage sludge from your facility
is placed on any surface disposal sites
that you do not own or operate,
complete B.8.c-B.8.f for each surface
disposal site that you do not own or
operate. If you send sewage sludge to
more than one surface disposal site that
you do not own or operate, attach
additional pages as necessary.
c. Provide the official or legal name
(or number) of the site receiving the
sewage sludge. Do not use a colloquial
name.
d. Provide the name, title, and work
telephone number of a person who is
thoroughly familiar with the operation
of the surface disposal site, and who can
be contacted by the permitting authority
if necessary.
Indicate whether the facility contact is
the site owner, the site operator, or both.
For purposes of this form, the owner is
the person that owns a part of or the
entire facility. The operator is the
person responsible for the overall
operation of the facility, and may be
different from the owner. In general, the
operator is the person responsible for
the daily functioning of the facility,
including sewage sludge use or
disposal.
e. Provide the complete mailing
address for the surface disposal site
where correspondence should be sent.
f. Provide the total dry metric tons of
sewage sludge per 365-day period from
your facility placed on this surface
disposal site. Do not include sewage
sludge sent to this surface disposal site
by other facilities.
B.9. Incineration. Complete this
section if sewage sludge from your
facility is fired in a sewage sludge
incinerator. If you own or operate a
sewage sludge incinerator, also
complete Section E.
a. Provide the total dry metric tons of
sewage sludge per 365-day period that
is sent from your facility to all sewage
sludge incinerators. Do not include
sewage sludge sent to sewage sludge
incinerators by other facilities.
A sewage sludge incinerator is an
enclosed device in which sewage sludge
and auxiliary fuel are fired. Auxiliary
fuel is fuel used to augment the fuel
value of sewage sludge, including
natural gas, fuel oil, coal, gas generated
during anaerobic digestion of sewage
sludge, and municipal solid waste (not
to exceed 30 percent of the dry weight
of sewage sludge and auxiliary fuel
together).
b. If you do not own or operate a
sewage sludge incinerator in which
sewage sludge from your facility is fired,
complete B.9.c-B.9.f each sewage sludge
incinerator that you do not own or
operate.
c. Provide the official or legal name or
number of the sewage sludge
incinerator. Do not use a colloquial
name.
d. Provide the name, title, and work
telephone number of a person who is
thoroughly familiar with the operation
of the sewage sludge incinerator, and
who can be contacted by the permitting
authority if necessary.
Indicate whether the incinerator
contact is the owner, the operator, or
both. For purposes of this form, the
owner is the person that owns a part of
or the entire facility. The operator is the
person responsible for the overall
operation of the facility, and may be
different from the owner. In general, the
operator is the person responsible for
the daily functioning of the facility,
including sewage sludge use or
disposal.
e. Provide the complete mailing
address at the sewage sludge incinerator
where correspondence should be sent.
f. Provide the total dry metric tons of
sewage sludge per 365-day period from
your facility fired in this sewage sludge
incinerator. Do not include sewage
sludge sent to this incinerator by other
facilities.
B.10. Disposal on a Municipal Solid
Waste Landfill.
Complete this section if sewage
sludge from your facility is placed on a
municipal solid waste landfill (MSWLF)
unit.
Provide the information in this
section once for each MSWLF on which
sewage sludge from your facility is
placed. If sewage sludge from your
facility is placed on more than one
MSWLF, attach additional pages as
necessary.
The Part 503 sewage sludge use or
disposal regulation does not impose
additional requirements on sewage
sludge that is sent to a MSWLF, but they
cross-reference existing criteria for
MSWLFs at 40 CFR Part 258. Therefore,
if sewage sludge from your facility is
placed on a MSWLF unit, your permit
must contain conditions regulating such
disposal.
A MSWLF unit is a discrete area of
land or an excavation that receives
household waste, and that is not a land
application unit, surface impoundment,
injection well, or waste pile, as those
terms are defined under § 257.2. A
-------
62654 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
MSWLF unit also may receive other
types of RCRA subtitle D wastes, such
as commercial solid waste,
nonhazardous sludge, small quantity
generator waste and industrial solid
waste. Such a landfill may be publicly
or privately owned.
a. Provide the official or legal name of
the MSWLF. Do not use a colloquial
name.
b. Provide the name, title, and work
telephone number of a person who is
thoroughly familiar with the operation
of the MSWLF, and who can be
contacted by the permitting authority if
necessary.
c. Provide the complete mailing
address for the MSWLF where
correspondence should be sent. This
may differ from the MSWLF location
given below.
d. Provide the physical location
(street address) of the MSWLF. If the
MSWLF lacks a street address or route
number, provide the most accurate
alternative geographic information (e.g.,
township and range, section or quarter
section number, nearby highway
intersection).
e. Provide the total dry metric tons
per 365-day period that is sent from
your facility to this MSWLF. Do not
include sewage sludge sent to the
MSWLF by other facilities.
f. Provide the number and type of any
relevant Federal, State, or local
environmental permits or construction
approvals received or applied for by the
MSWLF.
g. Submit information to determine
whether the sewage sludge placed on
this MSWLF meets applicable
requirements for disposal of sewage
sludge on a MSWLF.
Sewage sludge placed on a MSWLF
must meet requirements in Part 258
concerning the quality of materials
placed on a MSWLF unit. In particular:
• Placement on a MSWLF of bulk or
noncontainerized liquid waste, as
determined using the Paint Filter
Liquids Test (Method 9095 in "Test
Methods for Evaluating Solid Wastes,
Physical/Chemical Methods—EPA Pub.
No. SW-846.), is prohibited.
• Placement on a MSWLF of a
regulated hazardous waste, as defined in
40 CFR 261.3, is prohibited.
• If sewage sludge is used as a cover
at a MSWLF, the MSWLF owner/
operator must demonstrate that the
sewage sludge is suitable for use as a
cover, and that it provides sufficient
control of disease vectors, fires, odors,
blowing litter, and scavenging and does
not present a threat to human health
and the environment.
h. Indicate whether the MSWLF
complies with criteria set forth in 40
CFR Part 258.
Part 258 specifies minimum Federal
criteria for MSWLFs, including landfills
that accept sewage sludge along with
household waste. Among these
requirements are location restrictions,
facility design and operating criteria,
ground-water monitoring, and corrective
action, closure and post-closure care,
along with financial assurance
requirements. In contrast to Part 503,
Part 258 controls sewage sludge placed
on MSWLFs through a facility design
and management practice approach. In
Part 503, EPA has adopted the Part 258
criteria as the appropriate standard for
sewage sludge disposed of with
municipal waste. EPA concluded that if
sewage sludge is disposed of in a
MSWLF complying with Part 258
criteria, public health and the
environment are protected.
Note that the POTW is legally
responsible for knowing whether a
MSWLF is in compliance with Part 258
and may be liable if it sends its sludge
to an MSWLF that is not in compliance
with Part 258.
Section C: Land Application of Bulk
Sewage Sludge
Complete this section if you
completed Section B.7 (Land
Application of Bulk Sewage Sludge).
Unless the permitting authority
specifically requires you to complete
this section, you may skip this section
for sewage sludge that is covered in any
of the following sections of this -
application:
• Section B.4 (the sewage sludge
meets the ceiling concentrations in
Table 1 of §503.13(b)(l), the pollutant
concentrations in Table 3 of
§ 503.13(b)(3), the Class A pathogen
reduction requirements in § 503.32(a),
and one of the vector attraction
reduction options in § 503.33(b) (l)-(8)).
Such sewage sludges are exempt from
the general requirements and
management practices of Part 503 when
they are land applied (unless the
permitting authority requires
otherwise), and thus the site
information in Section C is not required
for permitting.
• Section B.5 (the sewage sludge is
placed in a bag or other container for
sale or give-away for application to the
land). Section C does not cover the sale
or give-away of sewage sludge in a bag
or other container for application to the
land because EPA typically will not
control the users of such sewage sludge
(typically, home gardeners or other
small-scale users), or the land on which
the sludge is applied, through the
generator's permit.
• Section B.6 (the sewage sludge is
sent to another facility for treatment or
for blending). Section C does not apply
to a generator that sends sewage sludge
to another facility for treatment or for
blending, because the Part 503
requirements addressed by Section C
will largely be the responsibility of the
receiving facility.
Bulk sewage sludge is defined as
sewage sludge that is not sold or given
away in a bag or other container for
application to the land. (A bag or other
container includes an open or closed
receptacle such as a bucket, box, carton,
or vehicle or trailer with a load capacity
of one metric ton or less.)
Provide the information in this
section for each land application site
that has been identified at the time of
permit application. Attach additional
pages as necessary. In cases where the
sewage sludge is applied to numerous
sites with similar characteristics, you
may combine the information for several
sites under a single response (the name
and address of each site must still be
provided, however).
C.I. Identification of Land
Application Site.
a. Provide the site name or number.
The name or number is any designation
commonly used to refer to the site. If the
site has been previously designated in
another permit, use that designation.
b. Answer either question 1 or
question 2.
1. Provide the physical location (street
address) of the land application site. If
the site lacks a street address or route
number, provide the most accurate
alternative geographic information (e.g.,
township and range, section or quarter
section number, nearby highway
intersection).
2. Provide the latitude and longitude
of the facility. If a map was used to
obtain latitude and longitude, provide
map datum (e.g., NAD 27, NAD 83) and
map scale (e.g., 1:24000,1:100000).
C.2. Owner Information.
a. Indicate whether you are the owner
of this land application site. For
purposes of this form, the owner is the
person that owns a part of or the entire
land application site.
b. If you are not the owner of this land
application site, provide the name,
telephone number, and complete
mailing address for the site owner.
C.3. Appjier Information.
a. Indicate whether you are the person
who applies sewage sludge to this land
application site.
D. If you are not the person who
applies sewage sludge to this land
application site, provide the name,
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62655
telephone number, and mailing address
of the person who applies sewage
sludge to this land application site.
C.4. Site Type. The "type of land
application site" is the intended end use
of the land. Part 503 regulates bulk
sewage sludge applied to agricultural
land, forest, public contact sites,
reclamation sites, and lawns and home
gardens. Proper identification of the
type of land application site is
important because the applicable Part
503 requirements—and thus permit
conditions—differ according to the type
of site.
Agricultural land is land on which a
food crop, a feed crop, or a fiber crop
is grown. This includes range land,
which is open land with indigenous
vegetation, and pasture, which is land
on which animals feed directly on crops
such as grasses, grain stubble, or stover.
Forest is a tract of land thick with
trees and underbrush.
A public contact site is land with a
high potential for contact by the public.
Public contact sites include public
parks, ball fields, cemeteries, plant
nurseries, turf farms, and golf courses.
A reclamation site is land that has
been drastically disturbed by strip
mining, fires, construction, etc. As part
of the reclamation process, sewage
sludge is applied for its nutrient and
soil conditioning properties to help
stabilize and revegetate the land.
C.5. Crop or Other Vegetation Grown
on Site.
a. Identify the type of crop or other
vegetation grown on this land
application site. If the crop or vegetation
to be grown on the site is not yet known,
or is likely to change in an
unforeseeable manner during the life of
the permit, you may so indicate instead
of providing the type of crop or other
vegetation.
b. Provide the nitrogen requirement
for the crop or other vegetation listed in
C.S.a. Information on the nitrogen
content of vegetation grown on the site
may be obtained from local agricultural
extension services, a local Farm
Advisor's Office, or published sources.
C.6. Vector Attraction Reduction.
Identify any vector attraction reduction
requirements that are met at the land
application site.
a. Specifically, indicate whether
vector attraction reduction option 9
(injection below soil surface) or option
10 (incorporation into soil within 6
hours) is met.
Bulk sewage sludge that is applied to
the land may meet any of vector
attraction reduction options 1-10, as
identified in § 503.33(b) (1)-(10),
respectively. Options 1-8 were covered
in Section B.3, which requests
information on sewage sludge treatment
at the facility generating the sewage
sludge. If you met any of options 1-8
(e.g., processes to reduce volatile solids,
reduce specific oxygen uptake rate, raise
pH, raise percent solids), you should
have identified that option in Question
B.S.c and described how the option is
met in Question B.3.d.
By contrast, vector attraction
reduction options 9 and 10 are typically
met at the land application site. Options
9 and 10 are not available for sewage
sludge applied to a lawn or home
garden.
b. Provide a written description of
how the vector attraction reduction is
met.
C.7. Ground-Water Monitoring. If any
ground-water monitoring data are
available for this land application site,
submit the following with the
application:
• Available ground-water monitoring
data; and
• A written description of the well
locations, approximate depth to ground
water, and the ground-water monitoring
procedures used to obtain these data
(you may attach existing documentation
to fulfill this requirement).
For purposes of this form, ground-
water monitoring means the installation
and periodic sampling and analysis of
small-diameter wells screened in the
aquifer below the base of the deepest
active sewage sludge unit.
C.8. Cumulative Loadings and
Remaining Allotments.
Complete Section C.8. onfyfor sewage
sludge that is applied to the site subject
to cumulative pollutant loading rates
(CPLRs). Sewage sludge applied to the
site on or before July 20, 1993, is not
subject to this section.
a. Indicate whether you have
contacted the permitting authority in
the State where the bulk sewage sludge
will be applied to ascertain whether
bulk sewage sludge subject to CPLRs has
been applied to the site since July 20,
1993.
If applicable, provide the name of the
permitting authority and the name and
phone number of the contact person at
the permitting authority.
You may not apply bulk sewage
sludge subject to CPLRs to the site until
you have contacted the permitting
authority in that State.
The permitting authority is either:
• The State, in cases where the State
has an EPA-approved sewage sludge
management program; or
• The EPA Region, in cases where a
State sewage sludge management
program has not yet been approved.
If you answered yes to C.S.a, continue
on to C.S.b. If you answered no, skip the
rest of Section C.8.
b. Indicate whether, based on your
investigation in Section C.S.a or other
information, sewage sludge subject to
CPLRs has been applied to the site since
July 20, 1993.
If you answered yes to C.S.b, continue
on to C.S.c. If you answered no, skip the
rest of Section C.8.
c. Provide the following information
for every other facility that sends (or has
sent since July 20,1993) bulk sewage
sludge subject to CPLRs to this site:
• The official or legal name of the
facility. Do not use a colloquial name.
• If available, the name, title, and
work telephone number of a person who
is thoroughly familiar with the facility,
and who can be contacted by the
permitting authority if necessary.
• The complete mailing address at the
facility where correspondence should be
sent.
Section D: Surface Disposal
Complete this section if you own or
operate a surface disposal site and are
required to submit a full permit
application (i.e., Part 2 of Form 2S) at
this time.
A sewage sludge surface disposal site
is, by definition, a treatment works
treating domestic sewage, and the
owner/operator of the site is required to
apply for a permit. You are required to
submit Part 2 of this form (including
Section D) if:
• The surface disposal site is already
covered by an NPDES permit (e.g., a
POTW's NPDES permit);
• You are requesting site-specific
pollutant limits for an active sewage
sludge unit at the surface disposal site;
or
• You have been required by the
permitting authority to submit a full
permit application at this time.
If none of these criteria apply, you
should submit Part 1 instead of Part 2
(and may therefore skip Section D). Part
1 requests a limited amount of
information from so-called "sludge-
only" facilities (facilities without a
currently-effective NPDES permit) that
are not requesting site-specific permit
limits and are not otherwise required to
submit a full permit application at this
time. Part 1 is intended to allow the
permitting authority to identify these
facilities, track sewage sludge use and
disposal, and establish priorities for
permitting.
D.I. Information on Active Sewage
Sludge Units. Complete Sections Dl.
through D5 for each active sewage
sludge unit you own or operate. If you
own or operate more than one active
-------
62656 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
sewage sludge unit, attach additional
pages as necessary.
An active sewage sludge unit is an
area of land on which only sewage
sludge is placed for final disposal.
Sewage sludge units include, but are not
limited to, natural topographical
depressions, man-made excavations, or
diked areas designed to dispose of (not
treat) sewage sludge. Sewage sludge
units do not include areas where sewage
sludge is generated as a result of
ongoing treatment (e.g., polishing
ponds) or land on which sewage sludge
is placed for either treatment or storage.
Sewage sludge may be stored on an area
of land for a period equal to or less than
two years. If sewage sludge remains on
an area of land for greater than two
years, the person who prepares the
sewage sludge must develop a rationale
for why the land should not be
considered an active sewage sludge
unit.
Most requirements for surface
disposal of sewage sludge under Part
503 pertain to individual active sewage
sludge units at a surface disposal site.
Permit conditions for your facility may
be developed on a unit-by-unit basis, or
may be developed for the entire surface
disposal site if all units are sufficiently
similar.
a. Provide the name or number of the
active sewage sludge unit. The name or
number is any designation commonly
used to refer to the unit. If the active
sewage sludge unit has been previously
designated in another permit, use that
designation.
b. Provide the physical location (street
address) of the active sewage sludge
unit. If the active sewage sludge unit
lacks a street address or route number,
provide the most accurate alternative
geographic information (e.g., township
and range, section or quarter section
number, nearby highway intersection).
c. Provide the total dry metric tons
per 365-day period placed on the active
sewage sludge unit. The amount of
sewage sludge placed on an active
sewage sludge unit determines the
frequency of monitoring for sewage
sludge placed on the active sewage
sludge unit.
d. Provide the total number of dry
metric tons of sewage sludge placed on
the active sewage sludge unit over the
life of the unit to date.
e. Indicate whether the active sewage
sludge unit has a liner. A liner is
defined as soil or synthetic material
with a maximum hydraulic conductivity
(permeability) of 1 x 10~7 cm/sec.
If the active sewage sludge unit has a
liner, describe the material from which
the liner is constructed and specify the
design hydraulic conductivity of that
material.
f. Indicate whether the active sewage
sludge unit has a leachate collection
system. A leachate collection system is
a system or device installed
immediately above a liner that is
designed, constructed, maintained, and
operated to collect and remove leachate
from a sewage sludge unit.
If the active sewage sludge unit has a
leachate collection system, describe
how the system is designed and
operated. Also describe the method
used for leachate disposal, such as
discharge to surface water (provide all
applicable permit numbers) or disposal
at a hazardous waste treatment, storage,
or disposal facility (provide Federal,
State, and local permit numbers for this
facility).
g. If you answered yes to both D.l.e
and D.l.f, pollutant limits do not apply
to the active sewage sludge unit.
If the boundary of the active sewage
sludge unit without a liner and leachate
collection system is less than 150 meters
from the property line of the surface
disposal site, provide the actual
distance in meters.
When the boundary of an active
sewage sludge unit without a liner and
leachate collection system is less than
150 meters from the property line of the
surface disposal site, the pollutant
limits for the unit are determined
according to the actual distance, as
indicated in Table 2 of § 503.23.
h. Provide the remaining capacity of
the active sewage sludge unit, in dry
metric tons, and the anticipated closure
date of the active sewage sludge unit, if
known. Attach to the application a copy
of any closure plan that has been
developed for the active sewage sludge
unit.
D.2. Sewage Sludge from Other
Facilities. If sewage sludge is sent to this
active sewage sludge unit by any
facilities other than your facility,
complete this section for each such
facility. If sewage sludge from more than
one facility other than your facility is
placed on this active sewage sludge
unit, attach additional pages as
necessary.
a. Provide the official or legal name of
the facility providing the sewage sludge.
Do not use a colloquial name.
b. Provide the name, title, and work
telephone number of a person who is
thoroughly familiar with the operation
of the facility that is providing the
sewage sludge, and who can be
contacted by the permitting authority if
necessary.
c. Provide the complete mailing
address of the facility providing the
sewage sludge.
d. Indicate the class of pathogen
reduction that is achieved before sewage
sludge leaves the facility that generates
the sewage sludge.
Options for meeting Class A pathogen
reduction are listed at § 503.32(a).
Options for meeting Class B pathogen
reduction are listed at § 503.32(b).
e. Provide a written description of any
treatment processes used at the facility
providing the sewage sludge to reduce
pathogens in the sewage sludge,
including, where applicable, how the
treatment fulfills one of the options for
meeting Class A or Class B pathogen
reduction. You may attach existing
documentation (e.g., technical or
process specifications) to meet this
requirement.
f. Indicate whether any of the vector
attraction reduction options 1-8, (at
§ 503.33(b) (l)-(8), respectively) are met
at the facility providing the sewage
sludge. Options 1-8 are typically met at
the point of sewage sludge generation.
Additional options are available, but
these are typically met at the point of
disposal.
You may select "none or unknown"
only if option 9 (injection below land
surface), option 10 (incorporation into
soil within six hours), or option 11
(daily cover) is met at the point of
disposal at this active sewage sludge
unit (see Section D.S.a).
g. Provide a written description of any
treatment processes used at the facility
providing the sewage sludge to reduce
vector attraction reduction
characteristics of sewage sludge,
including an indication of how the
treatment fulfills one of options 1-8 for
vector attraction reduction. You may
attach existing documentation (e.g.,
technical or process specifications) to
meet this requirement.
h. Provide a written description of
any other treatment processes, at the
facility providing the sewage sludge that
are not described in D.2.d-D.2.g. You
may attach existing documentation (e.g.,
technical or process specifications) to
meet this requirement.
D.3. Vector Attraction Reduction.
Complete this section for each active
sewage sludge unit.
a. Indicate whether any of vector
attraction reduction options 9-11 (at
§ 503.33(b) (9)-(H), respectively) are
met when the sewage sludge is placed
on this active sewage sludge unit.
Sewage sludge placed on an active
sewage sludge unit must meet one of
vector attraction reduction options
defined at § 503.33(b) (l)-(H). Options
1-8 are typically met at the point of
sewage sludge generation (see Question
D.2.f). Options 9-11 are typically met at
the point of disposal.
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
62657
b. Provide a written description of any
treatment processes used at the active
sewage sludge unit to reduce vector
attraction reduction characteristics of
sewage sludge, including an indication
of how the treatment fulfills one of
options 9-11 for vector attraction
reduction. You may attach existing
documentation (e.g., technical or
process specifications) to meet this
requirement.
D.4. Ground-Water Monitoring.
Placement of sewage sludge on an
active sewage sludge unit must not
contaminate an aquifer. Compliance
must be demonstrated through either:
(1) the results of a ground-water
monitoring program developed by a
qualified ground-water scientist, or (2)
certification by a qualified ground-water
scientist that contamination has not
occurred.
Contaminate an aquifer means to
introduce a substance that causes the
maximum contaminant level (MCL) for
nitrate in 40 CFR 141.11 to be exceeded
in ground water, or that causes the
existing concentration of nitrate in
ground water to increase when the
existing concentration of nitrate in the
ground water exceeds the MCL for
nitrate in 40 CFR 141.11.
The MCL for nitrate is 10 milligrams/
liter.
This section solicits existing ground-
water monitoring data and other
documentation to indicate the potential
for contamination of an aquifer at the
active sewage sludge unit, and the
capability of the owner/operator of the
surface disposal site to demonstrate that
contamination has not occurred.
a. If ground-water monitoring is
conducted for this active sewage sludge
unit, provide the following:
• Available ground-water monitoring
data; and
• A written description of the well
locations, approximate depth to ground
water, and the ground-water monitoring
procedures used to obtain these data
(you may attach existing documentation
to fulfill this requirement).
For purposes of this application,
ground-water monitoring means the
installation and periodic sampling and
analysis of small-diameter wells in the
aquifer below the base of the deepest
active sewage sludge unit.
b. If a ground-water monitoring
program has been prepared for this
active sewage sludge unit (regardless of
whether ground-water monitoring is
currently conducted), submit a copy of
the program with this permit
application. The program should
include the number, depth, and location
of all wells; the frequency and method
of sampling; and the parameters for
which the ground water is tested.
c. If you nave obtained a certification
from a qualified ground-water scientist
that contamination of the aquifer below
the active sewage sludge unit has not
occurred, submit a copy of the
certification with this permit
application.
A qualified ground-water scientist is
an individual with a baccalaureate or
post-graduate degree in the natural
sciences or engineering who has
sufficient training and experience in
ground-water hydrology and related
fields, as may be demonstrated by State
registration, professional certification,
or completion of accredited university
programs, to make sound professional
judgments regarding ground-water
monitoring, pollutant fate and transport,
and corrective action.
D.5. Site-Specific Limits. Indicate
whether you are seeking site-specific
pollutant limits in your permit for the
sewage sludge placed on this active
sewage sludge unit.
After August 18, 1993, you are
allowed to seek site-specific pollutant
limits only for good cause, and must do
so within 180 days of becoming aware
that good cause exists. If you request
site-specific pollutant limits with this
permit application, you are required to
submit information supporting the
request, including a demonstration that
existing values for site parameters
specified by the permitting authority
differ from the values for those
parameters used to develop the
pollutant limits in Table 1 of § 503.23.
You must also submit follow-up
information at the request of the
permitting authority.
If the permitting authority determines
that site-specific pollutant limits are
appropriate, the permitting authority
may specify site-specific limits in the
permit as long as the existing
concentrations of the pollutants in the
sewage sludge are not exceeded.
Section E: Incineration
Complete this section if you own or
operate a sewage sludge incinerator. If
you own or operate more than one
sewage sludge incinerator, complete this
section for each incinerator unit. Attach
additional pages as necessary.
A sewage sludge incinerator is, by -
definition, a treatment works treating
domestic sewage, and the owner/
operator of a sewage sludge incinerator
is required to submit a full permit
application (i.e., Part 2 of Form 2S).
E.I. Incinerator Identification.
a. Provide the name or number of the
sewage sludge incinerator unit. The
name or number is any designation
commonly used to refer to the unit. If
the unit has been previously designated
in another permit, use that designation.
b. Provide the physical location (street
address) of the sewage sludge
incinerator. If the incinerator lacks a
street address or route number, provide
the most accurate alternative geographic
information (e.g., township and range,
section or quarter section number,
nearby highway intersection).
E.2. Amount Fired. Provide the total
dry metric tons of sewage sludge (dry
weight basis) fired in the sewage sludge
incinerator unit per 365-day period.
E.3. Beryllium NESHAP.
The firing of sewage sludge in a
sewage sludge incinerator must not
violate the National Emission Standard
(NESHAP) for beryllium as established
in Subpart C of 40 CFR Part 61. The
beryllium NESHAP only applies,
however, to sewage sludge incinerators
firing "beryllium-containing waste."
The beryllium NESHAP is 10 grams of
beryllium in the exit gas over a 24-hour
period, unless the incinerator owner/
operator has been approved to meet a
30-day average ambient concentration
limit on beryllium in the vicinity of the
sewage sludge incinerator of 0.01 ug/m3.
Complete this section to demonstrate
compliance with the beryllium
NESHAP.
a. Indicate whether sewage sludge
fired in this sewage sludge incinerator is
beryllium-containing waste. Beryllium-
containing waste is material
contaminated with beryllium or
beryllium compounds used or generated
during any process or operation
performed by one of several sources.
Submit information, test data, and a
description of measures taken that
demonstrate whether the sewage sludge
fired in this sewage sludge incinerator is
beryllium-containing waste, and will
continue to remain as such.
b. If the sewage sludge fired in this
sewage sludge incinerator is beryllium-
containing waste, submit a complete
report of the latest beryllium emission
rate testing, as well as documentation of
ongoing incinerator operating
parameters indicating that the NESHAP
emission rate limit for beryllium has
been and will continue to be met.
E.4. Mercury NESHAP.
The firing of sewage sludge in a
sewage sludge incinerator must not
violate the NESHAP for mercury as
established in Subpart E of 40 CFR Part
61. Complete this section to
demonstrate compliance with the
mercury NESHAP.
a. Indicate whether stack testing or
sewage sludge sampling is being used to
demonstrate compliance with the
mercury NESHAP. If stack testing is
-------
62658 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules
used, complete E.4.b. below. If sewage
sludge sampling is used, complete E.4.C.
below.
b. Stack testing option. Stack testing
must be conducted using Method 101A
in 40 CFR Part 61, Appendix B
("Determination of Particulate and
Gaseous Mercury Emissions from
Sewage Sludge Incinerators"). The total
quantity of mercury emitted into the
atmosphere from all incinerators at a
site must not exceed 3200 grams over a
24-hour period.
If stack testing is used, submit the
following with this application:
• A complete report of stack testing
and documentation of ongoing
incinerator operating parameters
indicating that the incinerator has and
will continue to meet the mercury
NESHAP emission rate limit.
• Copies of mercury emission rate
tests for the two most recent years in
which testing was conducted.
c. Sampling option. Sewage sludge
must be sampled and analyzed using
Method 105 in 40 CFR Part 61
Appendix B ("Determination of Mercury
in Wastewater Treatment Plant Sewage
Sludge"), and the mercury emissions
calculated using the following equation
must not exceed 3200 grams over a 24-
hour period:
(M)x(Q)x(Fsm(avg))
* 1000
where:
EHg=mercury emissions, g/day
M=mercury concentration in sewage
sludge on a dry solids basis, in
micrograms/gram
Q=sludge charging rate, in kg/day
Fsm = weight fraction of solids in the
collected sewage sludge after
mixing.
If sewage sludge sampling is used,
submit a complete report of sewage
sludge sampling and documentation of
ongoing incinerator operating
parameters indicating that the
incinerator has and will continue to
meet the mercury NESHAP emission
rate limit.
E.5. Dispersion Factor.
a. Provide the dispersion factor, in
micrograms/cubic meter/gram/second,
for the sewage sludge incinerator.
The dispersion factor is the ratio of
the increase in the ground-level ambient
air concentration for a pollutant at or
beyond the property line of the site
where the sewage sludge incinerator is
located to the mass emission rate for the
pollutant from the incinerator stack. The
dispersion factor is calculated
individually by each applicant based on
the results of an air dispersion model
specified by the permitting authority.
b. Provide the name and type of the
air dispersion model used to obtain the
dispersion factor.
Approved air dispersion models are
listed in EPA's Guideline on Air Quality
Models and EPA's Support Center for
Regulatory Air Models (SCRAM)
bulletin board. Unless a pre-existing
modeling effort has been used to
calculate dispersion factor (and the
results have been approved by EPA),
you should work closely with the
permitting authority to prepare a
modeling protocol.
c. Submit a copy of the modeling
results and supporting documentation
with this application.
E.6. Control Efficiency.
a. Provide the control efficiency, in
hundredths, for arsenic, cadmium,
chromium, lead, and nickel at this
sewage sludge incinerator.
Control efficiency is the mass of a
pollutant in the sewage sludge fed to an
incinerator minus the mass of that
pollutant in the exit gas from the
incinerator stack, divided by the mass of
the pollutant in the sewage sludge fed
to the incinerator.
b. Submit a copy of the results of
performance testing and supporting
documentation, including testing dates.
Control efficiency must be determined
by a performance test, the protocol for
which must be approved by EPA.
E.7. Risk Specific Concentration for
Chromium. The risk specific
concentration (RSC) for arsenic,
cadmium, chromium, and nickel is used
to calculate pollutant limits for these
metals in the permit. With the exception
of chromium, the RSC for these metals
is provided in Table 1 of § 503.43. The
RSC for chromium, however, may be
determined in two ways: (1) it may be
located in Table 2 of § 503.43 according
to the type of incinerator; or (2) it may
be calculated based on the ratio of
hexavalent chromium to total chromium
in the exhaust stack gas.
a. Provide the RSC to be used in
establishing a permit limit for
chromium, in micrograms per cubic
meter.
b. Specify whether the RSC was:
• Provided in Table 2 of § 503.43; or
• Calculated, using Equation 6 in 40
CFR 503.43, based on the ratio of
hexavalent chromium to total chromium
in the exhaust stack gas.
c. If the RSC was looked up in Table
2 of § 503.43, identify which category of
incinerator type you used to obtain the
RSC.
d. If you calculated the RSC using
Equation 6 in 40 CFR 503.43, provide
the decimal fraction of hexavalent
chromium concentration to total
chromium concentration in the stack
exit gas. Also submit the results of
incinerator stack tests for hexavalent
and total chromium concentrations,
including date(s) of test.
E.8. Operational Standard for Total
Hydrocarbons (THC) or Carbon
Monoxide (CO).
Total hydrocarbons (THC) means the
organic compounds in the exit gas from
a sewage sludge incinerator stack, as
measured using a flame ionization
detection instrument referenced to
propane. Carbon monoxide (CO) can be
monitored instead of THC. The
operational standard for THC or CO
requires that the THC or CO
concentration in the exit gas be
corrected for zero percent moisture and
to seven percent oxygen.
a. Provide the raw value for the THC
or CO concentration in stack emissions,
in parts per million (ppm). The raw
value is the concentration measured
directly by the flame ionization
detection instrument.
b. Provide the percent of moisture
content in stack gas. This is used to
correct the raw THC or CO
concentration value for zero percent
moisture.
c. Provide percent oxygen
concentration in stack gas (in dry
volume/dry volume). This is used, after
correction of the THC or CO
concentration for zero percent moisture,
to correct the THC or CO concentration
to seven percent oxygen.
d. Provide the corrected value for the
THC or CO concentration in stack
emissions, in ppm. The corrected value
is the raw concentration, corrected for
zero percent moisture and to seven
percent oxygen.
The raw THC or CO value is first
corrected for zero percent moisture by
multiplying by the following correction
factor (from 40 CFR 503.44):
1
Correction factor (dimensionless)
(0% moisture) ~ d-XI
where X is the decimal fraction of the
percent moisture in the sewage
sludge incinerator exit gas in
hundredths.
The dry value is then corrected to
seven percent oxygen using the
correction factor determined according
to the following equation:
Correction factor (dimensionless)_ 14
(7% moisture)
(21-Y)
where Y = percent oxygen concentration
in the sewage sludge incinerator
stack exit gas (dry volume/dry
volume).
e. Submit documentation used to
derive the raw THC or CO
-------
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Proposed Rules 62659
concentration, moisture content, oxygen
concentration, and corrected THC or CO
concentration.
E.9. Operating Parameters.
a. Provide the type of sewage sludge
incinerator—i.e., whether the
incinerator is multiple hearth, fluidized
bed, flash drying, electric furnace, or
other.
b. Provide with the application the
following data on combustion
temperature: temperature data
(including testing date(s)), a description
of temperature measurement and data
recording and handling systems, and a
description of how such combustion
temperature data have been averaged.
The permitting authority will use
performance test data to specify the
maximum combustion temperature in
the permit as a "never to exceed" value.
Regulated facilities must also install,
calibrate, operate, and maintain an
instrument that measures and records
combustion temperatures continuously.
c. Provide the sewage sludge feed rate
in dry metric tons per day, and indicate
whether the average daily amount or the
maximum design capacity feed rate was
used. Submit supporting documentation
describing how the feed rate was
calculated.
The average daily amount feed rate is
the average daily amount of sewage
sludge fired in all sewage sludge
incinerators within the property line of
the site where the sewage sludge
incinerators are located for the number
of days in a 365-day period that each
sewage sludge incinerator operates.
The maximum design capacity feed
rate is the average daily design capacity
for all sewage sludge incinerators within
the property line of the site where the
sewage sludge incinerators are located.
The permitting authority will use the
feed rate you report as the basis for
calculating pollutant limits and will
include it as an enforceable condition in
the permit.
d. Provide the incinerator stack height
(in meters) for each stack, and indicate
whether actual or creditable stack height
was used.
The actual stack height is the
difference between the elevation at the
top of the stack and the elevation of the
ground at the base of the stack, when
the difference is equal to or less than 65
meters.
The creditable stack height is used if
the difference is greater than 65 meters.
This is determined in accordance with
40 CFR 51.100(ii).
e. Submit information documenting
the operating parameters for the air
pollution control device(s) used for this
sewage sludge incinerator.
E.10. Monitoring Equipment. Provide
a detailed list of the equipment in place
to monitor total hydrocarbons or carbon
monoxide, percent oxygen, moisture
content, and combustion temperature.
Monitoring equipment includes, but is
not limited to, thermocouples, oxygen
continuous emissions monitors, furnace
temperature gauges, sewage sludge and
auxiliary fuel feed rate monitors,
differential pressure detectors, liquid or
gas flow detectors, and air pollution
control devices.
E.ll. Air Pollution Control
Equipment. Provide a list of the
equipment in place to control emissions
from the sewage sludge incinerator
stack. Indicate the type and capacity for
each piece of equipment listed.
[FR Doc. 95-28213 Filed 12-5-95; 8:45 am]
BILLING CODE 6560-50-P
-------
-------
-------
-------
------- |