[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR122.21]
[Page 141-167]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 122_EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM--Table of Contents
Subpart B_Permit Application and Special NPDES Program Requirements
Sec. 122.21 Application for a permit (applicable to State programs, see
Sec. 123.25).
(a) Duty to apply. (1) Any person who discharges or proposes to
discharge pollutants or who owns or operates a ``sludge-only facility''
whose sewage sludge use or disposal practice is regulated by part 503 of
this chapter, and who does not have an effective permit, except persons
covered by general permits under Sec. 122.28, excluded under Sec.
122.3, or a user of a privately owned treatment works unless the
Director requires otherwise under Sec. 122.44(m), must submit a
complete application to the Director in accordance with this
[[Page 142]]
section and part 124 of this chapter. All concentrated animal feeding
operations have a duty to seek coverage under an NPDES permit, as
described in Sec. 122.23(d).
(2) Application Forms: (i) All applicants for EPA-issued permits
must submit applications on EPA permit application forms. More than one
application form may be required from a facility depending on the number
and types of discharges or outfalls found there. Application forms may
be obtained by contacting the EPA water resource center at (202) 260-
7786 or Water Resource Center, U.S. EPA, Mail Code 4100, 1200
Pennsylvania Ave., NW., Washington, DC 20460 or at the EPA Internet site
www.epa.gov/owm/npdes.htm. Applications for EPA-issued permits must be
submitted as follows:
(A) All applicants, other than POTWs and TWTDS, must submit Form 1.
(B) Applicants for new and existing POTWs must submit the
information contained in paragraph (j) of this section using Form 2A or
other form provided by the director.
(C) Applicants for concentrated animal feeding operations or aquatic
animal production facilities must submit Form 2B.
(D) Applicants for existing industrial facilities (including
manufacturing facilities, commercial facilities, mining activities, and
silvicultural activities), must submit Form 2C.
(E) Applicants for new industrial facilities that discharge process
wastewater must submit Form 2D.
(F) Applicants for new and existing industrial facilities that
discharge only nonprocess wastewater must submit Form 2E.
(G) Applicants for new and existing facilities whose discharge is
composed entirely of storm water associated with industrial activity
must submit Form 2F, unless exempted by Sec. 122.26(c)(1)(ii). If the
discharge is composed of storm water and non-storm water, the applicant
must also submit, Forms 2C, 2D, and/or 2E, as appropriate (in addition
to Form 2F).
(H) Applicants for new and existing TWTDS, subject to paragraph
(c)(2)(i) of this section must submit the application information
required by paragraph (q) of this section, using Form 2S or other form
provided by the director.
(ii) The application information required by paragraph (a)(2)(i) of
this section may be electronically submitted if such method of submittal
is approved by EPA or the Director.
(iii) Applicants can obtain copies of these forms by contacting the
Water Management Divisions (or equivalent division which contains the
NPDES permitting function) of the EPA Regional Offices. The Regional
Offices' addresses can be found at Sec. 1.7 of this chapter.
(iv) Applicants for State-issued permits must use State forms which
must require at a minimum the information listed in the appropriate
paragraphs of this section.
(b) Who applies? When a facility or activity is owned by one person
but is operated by another person, it is the operator's duty to obtain a
permit.
(c) Time to apply. (1) Any person proposing a new discharge, shall
submit an application at least 180 days before the date on which the
discharge is to commence, unless permission for a later date has been
granted by the Director. Facilities proposing a new discharge of storm
water associated with industrial activity shall submit an application
180 days before that facility commences industrial activity which may
result in a discharge of storm water associated with that industrial
activity. Facilities described under Sec. 122.26(b)(14)(x) or
(b)(15)(i) shall submit applications at least 90 days before the date on
which construction is to commence. Different submittal dates may be
required under the terms of applicable general permits. Persons
proposing a new discharge are encouraged to submit their applications
well in advance of the 90 or 180 day requirements to avoid delay. See
also paragraph (k) of this section and Sec. 122.26(c)(1)(i)(G) and
(c)(1)(ii).
(2) Permits under section 405(f) of CWA. All TWTDS whose sewage
sludge use or disposal practices are regulated by part 503 of this
chapter must submit permit applications according to the applicable
schedule in paragraphs (c)(2)(i) or (ii) of this section.
(i) A TWTDS with a currently effective NPDES permit must submit a
permit application at the time of its next
[[Page 143]]
NPDES permit renewal application. Such information must be submitted in
accordance with paragraph (d) of this section.
(ii) Any other TWTDS not addressed under paragraph (c)(2)(i) of this
section must submit the information listed in paragraphs (c)(2)(ii)(A)
through (E) of this section to the Director within 1 year after
publication of a standard applicable to its sewage sludge use or
disposal practice(s), using Form 2S or another form provided by the
Director. The Director will determine when such TWTDS must submit a full
permit application.
(A) The TWTDS's name, mailing address, location, and status as
federal, State, private, public or other entity;
(B) The applicant's name, address, telephone number, and ownership
status;
(C) A description of the sewage sludge use or disposal practices.
Unless the sewage sludge meets the requirements of paragraph (q)(8)(iv)
of this section, the description must include the name and address of
any facility where sewage sludge is sent for treatment or disposal, and
the location of any land application sites;
(D) Annual amount of sewage sludge generated, treated, used or
disposed (estimated dry weight basis); and
(E) The most recent data the TWTDS may have on the quality of the
sewage sludge.
(iii) Notwithstanding paragraphs (c)(2)(i) or (ii) of this section,
the Director may require permit applications from any TWTDS at any time
if the Director determines that a permit is necessary to protect public
health and the environment from any potential adverse effects that may
occur from toxic pollutants in sewage sludge.
(iv) Any TWTDS that commences operations after promulgation of an
applicable ``standard for sewage sludge use or disposal'' must submit an
application to the Director at least 180 days prior to the date proposed
for commencing operations.
(d) Duty to reapply. (1) Any POTW with a currently effective permit
shall submit a new application at least 180 days before the expiration
date of the existing permit, unless permission for a later date has been
granted by the Director. (The Director shall not grant permission for
applications to be submitted later than the expiration date of the
existing permit.)
(2) All other permittees with currently effective permits shall
submit a new application 180 days before the existing permit expires,
except that:
(i) The Regional Administrator may grant permission to submit an
application later than the deadline for submission otherwise applicable,
but no later than the permit expiration date; and
(3) [Reserved]
(e) Completeness. (1) The Director shall not issue a permit before
receiving a complete application for a permit except for NPDES general
permits. An application for a permit is complete when the Director
receives an application form and any supplemental information which are
completed to his or her satisfaction. The completeness of any
application for a permit shall be judged independently of the status of
any other permit application or permit for the same facility or
activity. For EPA administered NPDES programs, an application which is
reviewed under Sec. 124.3 of this chapter is complete when the Director
receives either a complete application or the information listed in a
notice of deficiency.
(2) A permit application shall not be considered complete if a
permitting authority has waived application requirements under
paragraphs (j) or (q) of this section and EPA has disapproved the waiver
application. If a waiver request has been submitted to EPA more than 210
days prior to permit expiration and EPA has not disapproved the waiver
application 181 days prior to permit expiration, the permit application
lacking the information subject to the waiver application shall be
considered complete.
(f) Information requirements. All applicants for NPDES permits,
other than POTWs and other TWTDS, must provide the following information
to the Director, using the application form provided by the Director.
Additional information required of applicants is set forth in paragraphs
(g) through (k) of this section.
(1) The activities conducted by the applicant which require it to
obtain an NPDES permit.
[[Page 144]]
(2) Name, mailing address, and location of the facility for which
the application is submitted.
(3) Up to four SIC codes which best reflect the principal products
or services provided by the facility.
(4) The operator's name, address, telephone number, ownership
status, and status as Federal, State, private, public, or other entity.
(5) Whether the facility is located on Indian lands.
(6) A listing of all permits or construction approvals received or
applied for under any of the following programs:
(i) Hazardous Waste Management program under RCRA.
(ii) UIC program under SDWA.
(iii) NPDES program under 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 Pollutants (NESHAPS)
preconstruction approval under the Clean Air Act.
(vii) Ocean dumping permits under the Marine Protection Research and
Sanctuaries Act.
(viii) Dredge or fill permits under section 404 of CWA.
(ix) Other relevant environmental permits, including State permits.
(7) A topographic map (or other map if a topographic map is
unavailable) extending one mile beyond the property boundaries of the
source, depicting the facility and each of its intake and discharge
structures; each of its hazardous waste treatment, storage, or disposal
facilities; each well where fluids from the facility are injected
underground; and those wells, springs, other surface water bodies, and
drinking water wells listed in public records or otherwise known to the
applicant in the map area.
(8) A brief description of the nature of the business.
(g) Application requirements for existing manufacturing, commercial,
mining, and silvicultural dischargers. Existing manufacturing,
commercial mining, and silvicultural dischargers applying for NPDES
permits, except for those facilities subject to the requirements of
Sec. 122.21(h), shall provide the following information to the
Director, using application forms provided by the Director.
(1) Outfall location. The latitude and longitude to the nearest 15
seconds and the name of the receiving water.
(2) Line drawing. A line drawing of the water flow through the
facility with a water balance, showing operations contributing
wastewater to the effluent and treatment units. Similar processes,
operations, or production areas may be indicated as a single unit,
labeled to correspond to the more detailed identification under
paragraph (g)(3) of this section. The water balance must show
approximate average flows at intake and discharge points and between
units, including treatment units. If a water balance cannot be
determined (for example, for certain mining activities), the applicant
may provide instead a pictorial description of the nature and amount of
any sources of water and any collection and treatment measures.
(3) Average flows and treatment. A narrative identification of each
type of process, operation, or production area which contributes
wastewater to the effluent for each outfall, including process
wastewater, cooling water, and stormwater runoff; the average flow which
each process contributes; and a description of the treatment the
wastewater receives, including the ultimate disposal of any solid or
fluid wastes other than by discharge. Processes, operations, or
production areas may be described in general terms (for example, ``dye-
making reactor'', ``distillation tower''). For a privately owned
treatment works, this information shall include the identity of each
user of the treatment works. The average flow of point sources composed
of storm water may be estimated. The basis for the rainfall event and
the method of estimation must be indicated.
(4) Intermittent flows. If any of the discharges described in
paragraph (g)(3) of this section are intermittent or seasonal, a
description of the frequency, duration and flow rate of each discharge
occurrence (except for stormwater runoff, spillage or leaks).
[[Page 145]]
(5) Maximum production. If an effluent guideline promulgated under
section 304 of CWA applies to the applicant and is expressed in terms of
production (or other measure of operation), a reasonable measure of the
applicant's actual production reported in the units used in the
applicable effluent guideline. The reported measure must reflect the
actual production of the facility as required by Sec. 122.45(b)(2).
(6) Improvements. If the applicant is subject to any present
requirements or compliance schedules for construction, upgrading or
operation of waste treatment equipment, an identification of the
abatement requirement, a description of the abatement project, and a
listing of the required and projected final compliance dates.
(7) Effluent characteristics. (i) Information on the discharge of
pollutants specified in this paragraph (g)(7) (except information on
storm water discharges which is to be provided as specified in Sec.
122.26). When ``quantitative data'' for a pollutant are required, the
applicant must collect a sample of effluent and analyze it for the
pollutant in accordance with analytical methods approved under part 136
of this chapter. When no analytical method is approved the applicant may
use any suitable method but must provide a description of the method.
When an applicant has two or more outfalls with substantially identical
effluents, the Director may allow the applicant to test only one outfall
and report that the quantitative data also apply to the substantially
identical outfall. The requirements in paragraphs (g)(7) (vi) and (vii)
of this section that an applicant must provide quantitative data for
certain pollutants known or believed to be present do not apply to
pollutants present in a discharge solely as the result of their presence
in intake water; however, an applicant must report such pollutants as
present. Grab samples must be used for pH, temperature, cyanide, total
phenols, residual chlorine, oil and grease, fecal coliform and fecal
streptococcus. For all other pollutants, 24-hour composite samples must
be used. However, a minimum of one grab sample may be taken for
effluents from holding ponds or other impoundments with a retention
period greater than 24 hours. In addition, for discharges other than
storm water discharges, the Director may waive composite sampling for
any outfall for which the applicant demonstrates that the use of an
automatic sampler is infeasible and that the minimum of four (4) grab
samples will be a representative sample of the effluent being
discharged.
(ii) Storm water discharges. For storm water discharges, all samples
shall be collected from the discharge resulting from a storm event that
is greater than 0.1 inch and at least 72 hours from the previously
measurable (greater than 0.1 inch rainfall) storm event. Where feasible,
the variance in the duration of the event and the total rainfall of the
event should not exceed 50 percent from the average or median rainfall
event in that area. For all applicants, a flow-weighted composite shall
be taken for either the entire discharge or for the first three hours of
the discharge. The flow-weighted composite sample for a storm water
discharge may be taken with a continuous sampler or as a combination of
a minimum of three sample aliquots taken in each hour of discharge for
the entire discharge or for the first three hours of the discharge, with
each aliquot being separated by a minimum period of fifteen minutes
(applicants submitting permit applications for storm water discharges
under Sec. 122.26(d) may collect flow-weighted composite samples using
different protocols with respect to the time duration between the
collection of sample aliquots, subject to the approval of the Director).
However, a minimum of one grab sample may be taken for storm water
discharges from holding ponds or other impoundments with a retention
period greater than 24 hours. For a flow-weighted composite sample, only
one analysis of the composite of aliquots is required. For storm water
discharge samples taken from discharges associated with industrial
activities, quantitative data must be reported for the grab sample taken
during the first thirty minutes (or as soon thereafter as practicable)
of the discharge for all pollutants specified in Sec. 122.26(c)(1). For
all storm water permit applicants taking flow-weighted composites,
quantitative data must be reported for all pollutants specified in
[[Page 146]]
Sec. 122.26 except pH, temperature, cyanide, total phenols, residual
chlorine, oil and grease, fecal coliform, and fecal streptococcus. The
Director may allow or establish appropriate site-specific sampling
procedures or requirements, including sampling locations, the season in
which the sampling takes place, the minimum duration between the
previous measurable storm event and the storm event sampled, the minimum
or maximum level of precipitation required for an appropriate storm
event, the form of precipitation sampled (snow melt or rain fall),
protocols for collecting samples under part 136 of this chapter, and
additional time for submitting data on a case-by-case basis. An
applicant is expected to ``know or have reason to believe'' that a
pollutant is present in an effluent based on an evaluation of the
expected use, production, or storage of the pollutant, or on any
previous analyses for the pollutant. (For example, any pesticide
manufactured by a facility may be expected to be present in contaminated
storm water runoff from the facility.)
(iii) Reporting requirements. Every applicant must report
quantitative data for every outfall for the following pollutants:
Biochemical Oxygen Demand (BOD5)
Chemical Oxygen Demand
Total Organic Carbon
Total Suspended Solids
Ammonia (as N)
Temperature (both winter and summer)
pH
(iv) The Director may waive the reporting requirements for
individual point sources or for a particular industry category for one
or more of the pollutants listed in paragraph (g)(7)(iii) of this
section if the applicant has demonstrated that such a waiver is
appropriate because information adequate to support issuance of a permit
can be obtained with less stringent requirements.
(v) Each applicant with processes in one or more primary industry
category (see appendix A of this part) contributing to a discharge must
report quantitative data for the following pollutants in each outfall
containing process wastewater:
(A) The organic toxic pollutants in the fractions designated in
table I of appendix D of this part for the applicant's industrial
category or categories unless the applicant qualifies as a small
business under paragraph (g)(8) of this section. Table II of appendix D
of this part lists the organic toxic pollutants in each fraction. The
fractions result from the sample preparation required by the analytical
procedure which uses gas chromatography/mass spectrometry. A
determination that an applicant falls within a particular industrial
category for the purposes of selecting fractions for testing is not
conclusive as to the applicant's inclusion in that category for any
other purposes. See Notes 2, 3, and 4 of this section.
(B) The pollutants listed in table III of appendix D of this part
(the toxic metals, cyanide, and total phenols).
(vi)(A) Each applicant must indicate whether it knows or has reason
to believe that any of the pollutants in table IV of appendix D of this
part (certain conventional and nonconventional pollutants) is discharged
from each outfall. If an applicable effluent limitations guideline
either directly limits the pollutant or, by its express terms,
indirectly limits the pollutant through limitations on an indicator, the
applicant must report quantitative data. For every pollutant discharged
which is not so limited in an effluent limitations guideline, the
applicant must either report quantitative data or briefly describe the
reasons the pollutant is expected to be discharged.
(B) Each applicant must indicate whether it knows or has reason to
believe that any of the pollutants listed in table II or table III of
appendix D of this part (the toxic pollutants and total phenols) for
which quantitative data are not otherwise required under paragraph
(g)(7)(v) of this section are discharged from each outfall. For every
pollutant expected to be discharged in concentrations of 10 ppb or
greater the applicant must report quantitative data. For acrolein,
acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4, 6 dinitrophenol, where
any of these four pollutants are expected to be discharged in
concentrations of 100 ppb or greater the applicant must report
[[Page 147]]
quantitative data. For every pollutant expected to be discharged in
concentrations less than 10 ppb, or in the case of acrolein,
acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4, 6 dinitrophenol, in
concentrations less than 100 ppb, the applicant must either submit
quantitative data or briefly describe the reasons the pollutant is
expected to be discharged. An applicant qualifying as a small business
under paragraph (g)(8) of this section is not required to analyze for
pollutants listed in table II of appendix D of this part (the organic
toxic pollutants).
(vii) Each applicant must indicate whether it knows or has reason to
believe that any of the pollutants in table V of appendix D of this part
(certain hazardous substances and asbestos) are discharged from each
outfall. For every pollutant expected to be discharged, the applicant
must briefly describe the reasons the pollutant is expected to be
discharged, and report any quantitative data it has for any pollutant.
(viii) Each applicant must report qualitative data, generated using
a screening procedure not calibrated with analytical standards, for
2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) if it:
(A) Uses or manufactures 2,4,5-trichlorophenoxy acetic acid (2,4,5,-
T); 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5,-TP); 2-
(2,4,5-trichlorophenoxy) ethyl, 2,2-dichloropropionate (Erbon); O,O-
dimethyl O-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel); 2,4,5-
trichlorophenol (TCP); or hexachlorophene (HCP); or
(B) Knows or has reason to believe that TCDD is or may be present in
an effluent.
(8) Small business exemption. An application which qualifies as a
small business under one of the following criteria is exempt from the
requirements in paragraph (g)(7)(v)(A) or (g)(7)(vi)(A) of this section
to submit quantitative data for the pollutants listed in table II of
appendix D of this part (the organic toxic pollutants):
(i) For coal mines, a probable total annual production of less than
100,000 tons per year.
(ii) For all other applicants, gross total annual sales averaging
less than $100,000 per year (in second quarter 1980 dollars).
(9) Used or manufactured toxics. A listing of any toxic pollutant
which the applicant currently uses or manufactures as an intermediate or
final product or byproduct. The Director may waive or modify this
requirement for any applicant if the applicant demonstrates that it
would be unduly burdensome to identify each toxic pollutant and the
Director has adequate information to issue the permit.
(10) [Reserved]
(11) Biological toxicity tests. An identification of any biological
toxicity tests which the applicant knows or has reason to believe have
been made within the last 3 years on any of the applicant's discharges
or on a receiving water in relation to a discharge.
(12) Contract analyses. If a contract laboratory or consulting firm
performed any of the analyses required by paragraph (g)(7) of this
section, the identity of each laboratory or firm and the analyses
performed.
(13) Additional information. In addition to the information reported
on the application form, applicants shall provide to the Director, at
his or her request, such other information as the Director may
reasonably require to assess the discharges of the facility and to
determine whether to issue an NPDES permit. The additional information
may include additional quantitative data and bioassays to assess the
relative toxicity of discharges to aquatic life and requirements to
determine the cause of the toxicity.
(h) Application requirements for manufacturing, commercial, mining
and silvicultural facilities which discharge only non-process
wastewater. Except for stormwater discharges, all manufacturing,
commercial, mining and silvicultural dischargers applying for NPDES
permits which discharge only non-process wastewater not regulated by an
effluent limitations guideline or new source performance standard shall
provide the following information to the Director, using application
forms provided by the Director:
(1) Outfall location. Outfall number, latitude and longitude to the
nearest 15
[[Page 148]]
seconds, and the name of the receiving water.
(2) Discharge date (for new dischargers). Date of expected
commencement of discharge.
(3) Type of waste. An identification of the general type of waste
discharged, or expected to be discharged upon commencement of
operations, including sanitary wastes, restaurant or cafeteria wastes,
or noncontact cooling water. An identification of cooling water
additives (if any) that are used or expected to be used upon
commencement of operations, along with their composition if existing
composition is available.
(4) Effluent characteristics. (i) Quantitative data for the
pollutants or parameters listed below, unless testing is waived by the
Director. The quantitative data may be data collected over the past 365
days, if they remain representative of current operations, and must
include maximum daily value, average daily value, and number of
measurements taken. The applicant must collect and analyze samples in
accordance with 40 CFR part 136. Grab samples must be used for pH,
temperature, oil and grease, total residual chlorine, and fecal
coliform. For all other pollutants, 24-hour composite samples must be
used. New dischargers must include estimates for the pollutants or
parameters listed below instead of actual sampling data, along with the
source of each estimate. All levels must be reported or estimated as
concentration and as total mass, except for flow, pH, and temperature.
(A) Biochemical Oxygen Demand (BOD5).
(B) Total Suspended Solids (TSS).
(C) Fecal Coliform (if believed present or if sanitary waste is or
will be discharged).
(D) Total Residual Chlorine (if chlorine is used).
(E) Oil and Grease.
(F) Chemical Oxygen Demand (COD) (if non-contact cooling water is or
will be discharged).
(G) Total Organic Carbon (TOC) (if non-contact cooling water is or
will be discharged).
(H) Ammonia (as N).
(I) Discharge Flow.
(J) pH.
(K) Temperature (Winter and Summer).
(ii) The Director may waive the testing and reporting requirements
for any of the pollutants or flow listed in paragraph (h)(4)(i) of this
section if the applicant submits a request for such a waiver before or
with his application which demonstrates that information adequate to
support issuance of a permit can be obtained through less stringent
requirements.
(iii) If the applicant is a new discharger, he must complete and
submit Item IV of Form 2e (see Sec. 122.21(h)(4)) by providing
quantitative data in accordance with that section no later than two
years after commencement of discharge. However, the applicant need not
complete those portions of Item IV requiring tests which he has already
performed and reported under the discharge monitoring requirements of
his NPDES permit.
(iv) The requirements of parts i and iii of this section that an
applicant must provide quantitative data or estimates of certain
pollutants do not apply to pollutants present in a discharge solely as a
result of their presence in intake water. However, an applicant must
report such pollutants as present. Net credit may be provided for the
presence of pollutants in intake water if the requirements of Sec.
122.45(g) are met.
(5) Flow. A description of the frequency of flow and duration of any
seasonal or intermittent discharge (except for stormwater runoff, leaks,
or spills).
(6) Treatment system. A brief description of any system used or to
be used.
(7) Optional information. Any additional information the applicant
wishes to be considered, such as influent data for the purpose of
obtaining ``net'' credits pursuant to Sec. 122.45(g).
(8) Certification. Signature of certifying official under Sec.
122.22.
(i) Application requirements for new and existing concentrated
animal feeding operations and aquatic animal production facilities. New
and existing concentrated animal feeding operations (defined in Sec.
122.23) and concentrated aquatic animal production facilities (defined
in Sec. 122.24) shall provide the following information to the
Director,
[[Page 149]]
using the application form provided by the Director:
(1) For concentrated animal feeding operations:
(i) The name of the owner or operator;
(ii) The facility location and mailing addresses;
(iii) Latitude and longitude of the production area (entrance to
production area);
(iv) A topographic map of the geographic area in which the CAFO is
located showing the specific location of the production area, in lieu of
the requirements of paragraph (f)(7) of this section;
(v) Specific information about the number and type of animals,
whether in open confinement or housed under roof (beef cattle, broilers,
layers, swine weighing 55 pounds or more, swine weighing less than 55
pounds, mature dairy cows, dairy heifers, veal calves, sheep and lambs,
horses, ducks, turkeys, other);
(vi) The type of containment and storage (anaerobic lagoon, roofed
storage shed, storage ponds, underfloor pits, above ground storage
tanks, below ground storage tanks, concrete pad, impervious soil pad,
other) and total capacity for manure, litter, and process wastewater
storage(tons/gallons);
(vii) The total number of acres under control of the applicant
available for land application of manure, litter, or process wastewater;
(viii) Estimated amounts of manure, litter, and process wastewater
generated per year (tons/gallons);
(ix) Estimated amounts of manure, litter and process wastewater
transferred to other persons per year (tons/gallons); and
(x) For CAFOs that must seek coverage under a permit after July 31,
2007, certification that a nutrient management plan has been completed
and will be implemented upon the date of permit coverage.
(2) For concentrated aquatic animal production facilities:
(i) The maximum daily and average monthly flow from each outfall.
(ii) The number of ponds, raceways, and similar structures.
(iii) The name of the receiving water and the source of intake
water.
(iv) For each species of aquatic animals, the total yearly and
maximum harvestable weight.
(v) The calendar month of maximum feeding and the total mass of food
fed during that month.
(j) Application requirements for new and existing POTWs. Unless
otherwise indicated, all POTWs and other dischargers designated by the
Director must provide, at a minimum, the information in this paragraph
to the Director, using Form 2A or another application form provided by
the Director. Permit applicants must submit all information available at
the time of permit application. The information may be provided by
referencing information previously submitted to the Director. The
Director may waive any requirement of this paragraph if he or she has
access to substantially identical information. The Director may also
waive any requirement of this paragraph that is not of material concern
for a specific permit, if approved by the Regional Administrator. The
waiver request to the Regional Administrator must include the State's
justification for the waiver. A Regional Administrator's disapproval of
a State's proposed waiver does not constitute final Agency action, but
does provide notice to the State and permit applicant(s) that EPA may
object to any State-issued permit issued in the absence of the required
information.
(1) Basic application information. All applicants must provide the
following information:
(i) Facility information. Name, mailing address, and location of the
facility for which the application is submitted;
(ii) Applicant information. Name, mailing address, and telephone
number of the applicant, and indication as to whether the applicant is
the facility's owner, operator, or 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;
[[Page 150]]
(B) Underground Injection Control program under the Safe Drinking
Water Act (SDWA);
(C) NPDES program under Clean Water Act (CWA);
(D) Prevention of Significant Deterioration (PSD) program under the
Clean Air Act;
(E) Nonattainment program under the Clean Air Act;
(F) National Emission Standards for Hazardous Air Pollutants
(NESHAPS) preconstruction approval under the Clean Air Act;
(G) Ocean dumping permits under the Marine Protection Research and
Sanctuaries Act;
(H) Dredge or fill permits under section 404 of the CWA; and
(I) Other relevant environmental permits, including State permits;
(iv) Population. The name and population of each municipal entity
served by the facility, including unincorporated connector districts.
Indicate whether each municipal entity owns or maintains the collection
system and whether the collection system is separate sanitary or
combined storm and sanitary, if known;
(v) Indian country. Information concerning whether the facility is
located in Indian country and whether the facility discharges to a
receiving stream that flows through Indian country;
(vi) Flow rate. The facility's design flow rate (the wastewater flow
rate the plant was built to handle), annual average daily flow rate, and
maximum daily flow rate for each of the previous 3 years;
(vii) Collection system. Identification of type(s) of collection
system(s) used by the treatment works (i.e., separate sanitary sewers or
combined storm and sanitary sewers) and an estimate of the percent of
sewer line that each type comprises; and
(viii) Outfalls and other discharge or disposal methods. The
following information for outfalls to waters of the United States and
other discharge or disposal methods:
(A) For effluent discharges to waters of the United States, the
total number and types of outfalls (e.g, treated effluent, combined
sewer overflows, bypasses, constructed emergency overflows);
(B) For wastewater discharged to surface impoundments:
(1) The location of each surface impoundment;
(2) The average daily volume discharged to each surface impoundment;
and
(3) Whether the discharge is continuous or intermittent;
(C) For wastewater applied to the land:
(1) The location of each land application site;
(2) The size of each land application site, in acres;
(3) The average daily volume applied to each land application site,
in gallons per day; and
(4) Whether land application is continuous or intermittent;
(D) For effluent sent to another facility for treatment prior to
discharge:
(1) The means by which the effluent is transported;
(2) The name, mailing address, contact person, and phone number of
the organization transporting the discharge, if the transport is
provided by a party other than the applicant;
(3) The name, mailing address, contact person, phone number, and
NPDES permit number (if any) of the receiving facility; and
(4) The average daily flow rate from this facility into the
receiving facility, in millions of gallons per day; and
(E) For wastewater disposed of in a manner not included in
paragraphs (j)(1)(viii)(A) through (D) of this section (e.g.,
underground percolation, underground injection):
(1) A description of the disposal method, including the location and
size of each disposal site, if applicable;
(2) The annual average daily volume disposed of by this method, in
gallons per day; and
(3) Whether disposal through this method is continuous or
intermittent;
(2) Additional Information. All applicants with a design flow
greater than or equal to 0.1 mgd must provide the following information:
(i) Inflow and infiltration. The current average daily volume of
inflow and infiltration, in gallons per day, and steps the facility is
taking to minimize inflow and infiltration;
[[Page 151]]
(ii) Topographic map. A topographic map (or other map if a
topographic map is unavailable) extending at least one mile beyond
property boundaries of the treatment plant, including all unit
processes, and showing:
(A) Treatment plant area and unit processes;
(B) The major pipes or other structures through which wastewater
enters the treatment plant and the pipes or other structures through
which treated wastewater is discharged from the treatment plant. Include
outfalls from bypass piping, if applicable;
(C) Each well where fluids from the treatment plant are injected
underground;
(D) Wells, springs, and other surface water bodies listed in public
records or otherwise known to the applicant within \1/4\ mile of the
treatment works' property boundaries;
(E) Sewage sludge management facilities (including on-site
treatment, storage, and disposal sites); and
(F) Location at which waste classified as hazardous under RCRA
enters the treatment plant by truck, rail, or dedicated pipe;
(iii) Process flow diagram or schematic. (A) A diagram showing the
processes of the treatment plant, including all bypass piping and all
backup power sources or redundancy in the system. This includes a water
balance showing all treatment units, including disinfection, and showing
daily average flow rates at influent and discharge points, and
approximate daily flow rates between treatment units; and
(B) A narrative description of the diagram; and
(iv) Scheduled improvements, schedules of 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;
(D) A description of permits and clearances concerning other Federal
and/or State requirements;
(3) Information on effluent discharges. Each applicant must provide
the following information for each outfall, including bypass points,
through which effluent is discharged, as applicable:
(i) Description of outfall. The following information about each
outfall:
(A) Outfall number;
(B) State, county, and city or town in which outfall is located;
(C) Latitude and longitude, to the nearest second;
(D) Distance from shore and depth below surface;
(E) Average daily flow rate, in million gallons per day;
(F) The following information for each outfall with a seasonal or
periodic discharge:
(1) Number of times per year the discharge occurs;
(2) Duration of each discharge;
(3) Flow of each discharge; and
(4) Months in which discharge occurs; and
(G) Whether the outfall is equipped with a diffuser and the type
(e.g., high-rate) of diffuser used;
(ii) Description of receiving waters. The following information (if
known) for each outfall through which effluent is discharged to waters
of the United States:
(A) Name of receiving water;
(B) Name of watershed/river/stream system and United States Soil
Conservation Service 14-digit watershed code;
(C) Name of State Management/River Basin and United States
Geological Survey 8-digit hydrologic cataloging unit code; and
(D) Critical flow of receiving stream and total hardness of
receiving stream at critical low flow (if applicable);
(iii) Description of 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:
[[Page 152]]
(1) Design biochemical oxygen demand (BOD5 or
CBOD5) removal (percent);
(2) Design suspended solids (SS) removal (percent); and, where
applicable,
(3) Design phosphorus (P) removal (percent);
(4) Design nitrogen (N) removal (percent); and
(5) Any other removals that an advanced treatment system is designed
to achieve.
(B) A description of the type of disinfection used, and whether the
treatment plant dechlorinates (if disinfection is accomplished through
chlorination);
(4) Effluent monitoring for specific parameters. (i) As provided in
paragraphs (j)(4)(ii) through (x) of this section, all applicants must
submit to the Director effluent monitoring information for samples taken
from each outfall through which effluent is discharged to waters of the
United States, except for CSOs. The Director may allow applicants to
submit sampling data for only one outfall on a case-by-case basis, where
the applicant has two or more outfalls with substantially identical
effluent. The Director may also allow applicants to composite samples
from one or more outfalls that discharge into the same mixing zone;
(ii) All applicants must sample and analyze for the pollutants
listed in Appendix J, Table 1A of this part;
(iii) All applicants with a design flow greater than or equal to 0.1
mgd must sample and analyze for the pollutants listed in Appendix J,
Table 1 of this part. Facilities that do not use chlorine for
disinfection, do not use chlorine elsewhere in the treatment process,
and have no reasonable potential to discharge chlorine in their effluent
may delete chlorine from Table 1;
(iv) The following applicants must sample and analyze for the
pollutants listed in Appendix J, Table 2 of this part, and for any other
pollutants for which the State or EPA have established water quality
standards applicable to the receiving waters:
(A) All POTWs with a design flow rate equal to or greater than one
million gallons per day;
(B) All POTWs with approved pretreatment programs or POTWs required
to develop a pretreatment program;
(C) Other POTWs, as required by the Director;
(v) The Director should require sampling for additional pollutants,
as appropriate, on a case-by-case basis;
(vi) Applicants must provide data from a minimum of three samples
taken within four and one-half years prior to the date of the permit
application. Samples must be representative of the seasonal variation in
the discharge from each outfall. Existing data may be used, if
available, in lieu of sampling done solely for the purpose of this
application. The Director should require additional samples, as
appropriate, on a case-by-case basis.
(vii) All existing data for pollutants specified in paragraphs
(j)(4)(ii) through (v) of this section that is collected within four and
one-half years of the application must be included in the pollutant data
summary submitted by the applicant. If, however, the applicant samples
for a specific pollutant on a monthly or more frequent basis, it is only
necessary, for such pollutant, to summarize all data collected within
one year of the application.
(viii) Applicants must collect samples of effluent and analyze such
samples for pollutants in accordance with analytical methods approved
under 40 CFR part 136 unless an alternative is specified in the existing
NPDES permit. Grab samples must be used for pH, temperature, cyanide,
total phenols, residual chlorine, oil and grease, and fecal coliform.
For all other pollutants, 24-hour composite samples must be used. For a
composite sample, only one analysis of the composite of aliquots is
required.
(ix) The effluent monitoring data provided must include at least the
following information for each parameter:
(A) Maximum daily discharge, expressed as concentration or mass,
based upon actual sample values;
(B) Average daily discharge for all samples, expressed as
concentration or mass, and the number of samples used to obtain this
value;
(C) The analytical method used; and
(D) The threshold level (i.e., method detection limit, minimum
level, or
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other designated method endpoints) for the analytical method used.
(x) Unless otherwise required by the Director, metals must be
reported as total recoverable.
(5) Effluent monitoring for whole effluent toxicity. (i) All
applicants must provide an identification of any whole effluent toxicity
tests conducted during the four and one-half years prior to the date of
the application on any of the applicant's discharges or on any receiving
water near the discharge.
(ii) As provided in paragraphs (j)(5)(iii)-(ix) of this section, the
following applicants must submit to the Director the results of valid
whole effluent toxicity tests for acute or chronic toxicity for samples
taken from each outfall through which effluent is discharged to surface
waters, except for combined sewer overflows:
(A) All POTWs with design flow rates greater than or equal to one
million gallons per day;
(B) All POTWs with approved pretreatment programs or POTWs required
to develop a pretreatment program;
(C) Other POTWs, as required by the Director, based on consideration
of the following factors:
(1) The variability of the pollutants or pollutant parameters in the
POTW effluent (based on chemical-specific information, the type of
treatment plant, and types of industrial contributors);
(2) The ratio of effluent flow to receiving stream flow;
(3) Existing controls on point or non-point sources, including total
maximum daily load calculations for the receiving stream segment and the
relative contribution of the POTW;
(4) Receiving stream characteristics, including possible or known
water quality impairment, and whether the POTW discharges to a coastal
water, one of the Great Lakes, or a water designated as an outstanding
natural resource water; or
(5) Other considerations (including, but not limited to, the history
of toxic impacts and compliance problems at the POTW) that the Director
determines could cause or contribute to adverse water quality impacts.
(iii) Where the POTW has two or more outfalls with substantially
identical effluent discharging to the same receiving stream segment, the
Director may allow applicants to submit whole effluent toxicity data for
only one outfall on a case-by-case basis. The Director may also allow
applicants to composite samples from one or more outfalls that discharge
into the same mixing zone.
(iv) Each applicant required to perform whole effluent toxicity
testing pursuant to paragraph (j)(5)(ii) of this section must provide:
(A) Results of a minimum of four quarterly tests for a year, from
the year preceding the permit application; or
(B) Results from four tests performed at least annually in the four
and one half year period prior to the application, provided the results
show no appreciable toxicity using a safety factor determined by the
permitting authority.
(v) Applicants must conduct tests with multiple species (no less
than two species; e.g., fish, invertebrate, plant), and test for acute
or chronic toxicity, depending on the range of receiving water dilution.
EPA recommends that applicants conduct acute or chronic testing based on
the following dilutions:
(A) Acute toxicity testing if the dilution of the effluent is
greater than 1000:1 at the edge of the mixing zone;
(B) Acute or chronic toxicity testing if the dilution of the
effluent is between 100:1 and 1000:1 at the edge of the mixing zone.
Acute testing may be more appropriate at the higher end of this range
(1000:1), and chronic testing may be more appropriate at the lower end
of this range (100:1); and
(C) Chronic testing if the dilution of the effluent is less than
100:1 at the edge of the mixing zone.
(vi) Each applicant required to perform whole effluent toxicity
testing pursuant to paragraph (j)(5)(ii) of this section must provide
the number of chronic or acute whole effluent toxicity tests that have
been conducted since the last permit reissuance.
(vii) Applicants must provide the results using the form provided by
the Director, or test summaries if available and comprehensive, for each
whole
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effluent toxicity test conducted pursuant to paragraph (j)(5)(ii) of
this section for which such information has not been reported previously
to the Director.
(viii) Whole effluent toxicity testing conducted pursuant to
paragraph (j)(5)(ii) of this section must be conducted using methods
approved under 40 CFR part 136. West coast facilities in Washington,
Oregon, California, Alaska, Hawaii, and the Pacific Territories are
exempted from 40 CFR part 136 chronic methods and must use alternative
guidance as directed by the permitting authority.
(ix) For whole effluent toxicity data submitted to the Director
within four and one-half years prior to the date of the application,
applicants must provide the dates on which the data were submitted and a
summary of the results.
(x) Each POTW required to perform whole effluent toxicity testing
pursuant to paragraph (j)(5)(ii) of this section must provide any
information on the cause of toxicity and written details of any toxicity
reduction evaluation conducted, if any whole effluent toxicity test
conducted within the past four and one-half years revealed toxicity.
(6) Industrial discharges. Applicants must submit the following
information about industrial discharges to the POTW:
(i) Number of significant industrial users (SIUs) and categorical
industrial users (CIUs) discharging to the POTW; and
(ii) POTWs with one or more SIUs shall provide the following
information for each SIU, as defined at 40 CFR 403.3(v), that discharges
to the POTW:
(A) Name and mailing address;
(B) Description of all industrial processes that affect or
contribute to the SIU's discharge;
(C) Principal products and raw materials of the SIU that affect or
contribute to the SIU's discharge;
(D) Average daily volume of wastewater discharged, indicating the
amount attributable to process flow and non-process flow;
(E) Whether the SIU is subject to local limits;
(F) Whether the SIU is subject to categorical standards, and if so,
under which category(ies) and subcategory(ies); and
(G) Whether any problems at the POTW (e.g., upsets, pass through,
interference) have been attributed to the SIU in the past four and one-
half years.
(iii) The information required in paragraphs (j)(6)(i) and (ii) of
this section may be waived by the Director for POTWs with pretreatment
programs if the applicant has submitted either of the following that
contain information substantially identical to that required in
paragraphs (j)(6)(i) and (ii) of this section.
(A) An annual report submitted within one year of the application;
or
(B) A pretreatment program;
(7) Discharges from hazardous waste generators and from waste
cleanup or remediation sites. POTWs receiving Resource Conservation and
Recovery Act (RCRA), Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA), or RCRA Corrective Action wastes or wastes
generated at another type of cleanup or remediation site must provide
the following information:
(i) If the POTW receives, or has been notified that it will receive,
by truck, rail, or dedicated pipe any wastes that are regulated as RCRA
hazardous wastes pursuant to 40 CFR part 261, the applicant must report
the following:
(A) The method by which the waste is received (i.e., whether by
truck, rail, or dedicated pipe); and
(B) The hazardous waste number and amount received annually of each
hazardous waste;
(ii) If the POTW receives, or has been notified that it will
receive, wastewaters that originate from remedial activities, including
those undertaken pursuant to CERCLA and sections 3004(u) or 3008(h) of
RCRA, the applicant must report the following:
(A) The identity and description of the site(s) or facility(ies) at
which the wastewater originates;
(B) The identities of the wastewater's hazardous constituents, as
listed in Appendix VIII of part 261 of this chapter; if known; and
[[Page 155]]
(C) The extent of treatment, if any, the wastewater receives or will
receive before entering the POTW;
(iii) Applicants are exempt from the requirements of paragraph
(j)(7)(ii) of this section if they receive no more than fifteen
kilograms per month of hazardous wastes, unless the wastes are acute
hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e).
(8) Combined sewer overflows. Each applicant with combined sewer
systems must provide the following information:
(i) Combined sewer system information. The following information
regarding the combined sewer system:
(A) System map. A map indicating the location of the following:
(1) All CSO discharge points;
(2) Sensitive use areas potentially affected by CSOs (e.g., beaches,
drinking water supplies, shellfish beds, sensitive aquatic ecosystems,
and outstanding national resource waters); and
(3) Waters supporting threatened and endangered species potentially
affected by CSOs; and
(B) System diagram. A diagram of the combined sewer collection
system that includes the following information:
(1) The location of major sewer trunk lines, both combined and
separate sanitary;
(2) The locations of points where separate sanitary sewers feed into
the combined sewer system;
(3) In-line and off-line storage structures;
(4) The locations of flow-regulating devices; and
(5) The locations of pump stations;
(ii) Information on CSO 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;
(5) Whether the applicant monitored any of the following in the past
year for this CSO:
(i) Rainfall;
(ii) CSO flow volume;
(iii) CSO pollutant concentrations;
(iv) Receiving water quality;
(v) CSO frequency; and
(6) The number of storm events monitored in the past year;
(B) CSO events. The following information about CSO overflows from
each outfall:
(1) The number of events in the past year;
(2) The average duration per event, if available;
(3) The average volume per CSO event, if available; and
(4) The minimum rainfall that caused a CSO event, if available, in
the last year;
(C) Description of receiving waters. The following information about
receiving waters:
(1) Name of receiving water;
(2) Name of watershed/stream system and the United States Soil
Conservation Service watershed (14-digit) code (if known); and
(3) Name of State Management/River Basin and the United States
Geological Survey hydrologic cataloging unit (8-digit) code (if known);
and
(D) CSO operations. A description of any known water quality impacts
on the receiving water caused by the CSO (e.g., permanent or
intermittent beach closings, permanent or intermittent shellfish bed
closings, fish kills, fish advisories, other recreational loss, or
exceedance of any applicable State water quality standard);
(9) Contractors. All applicants must provide the name, mailing
address, telephone number, and responsibilities of all contractors
responsible for any operational or maintenance aspects of the facility;
and
(10) Signature. All applications must be signed by a certifying
official in compliance with Sec. 122.22.
(k) Application requirements for new sources and new discharges. New
manufacturing, commercial, mining and silvicultural dischargers applying
for NPDES permits (except for new discharges of facilities subject to
the requirements of paragraph (h) of this section or new discharges of
storm water associated with industrial activity which are subject to the
requirements of Sec. 122.26(c)(1) and this section (except
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as provided by Sec. 122.26(c)(1)(ii)) shall provide the following
information to the Director, using the application forms provided by the
Director:
(1) Expected outfall location. The latitude and longitude to the
nearest 15 seconds and the name of the receiving water.
(2) Discharge dates. The expected date of commencement of discharge.
(3) Flows, sources of pollution, and treatment technologies--(i)
Expected treatment of wastewater. Description of the treatment that the
wastewater will receive, along with all operations contributing
wastewater to the effluent, average flow contributed by each operation,
and the ultimate disposal of any solid or liquid wastes not discharged.
(ii) Line drawing. A line drawing of the water flow through the
facility with a water balance as described in Sec. 122.21(g)(2).
(iii) Intermittent flows. If any of the expected discharges will be
intermittent or seasonal, a description of the frequency, duration and
maximum daily flow rate of each discharge occurrence (except for
stormwater runoff, spillage, or leaks).
(4) Production. If a new source performance standard promulgated
under section 306 of CWA or an effluent limitation guideline applies to
the applicant and is expressed in terms of production (or other measure
of operation), a reasonable measure of the applicant's expected actual
production reported in the units used in the applicable effluent
guideline or new source performance standard as required by Sec.
122.45(b)(2) for each of the first three years. Alternative estimates
may also be submitted if production is likely to vary.
(5) Effluent characteristics. The requirements in paragraphs
(h)(4)(i), (ii), and (iii) of this section that an applicant must
provide estimates of certain pollutants expected to be present do not
apply to pollutants present in a discharge solely as a result of their
presence in intake water; however, an applicant must report such
pollutants as present. Net credits may be provided for the presence of
pollutants in intake water if the requirements of Sec. 122.45(g) are
met. All levels (except for discharge flow, temperature, and pH) must be
estimated as concentration and as total mass.
(i) Each applicant must report estimated daily maximum, daily
average, and source of information for each outfall for the following
pollutants or parameters. The Director may waive the reporting
requirements for any of these pollutants and parameters if the applicant
submits a request for such a waiver before or with his application which
demonstrates that information adequate to support issuance of the permit
can be obtained through less stringent reporting requirements.
(A) Biochemical Oxygen Demand (BOD).
(B) Chemical Oxygen Demand (COD).
(C) Total Organic Carbon (TOC).
(D) Total Suspended Solids (TSS).
(E) Flow.
(F) Ammonia (as N).
(G) Temperature (winter and summer).
(H) pH.
(ii) Each applicant must report estimated daily maximum, daily
average, and source of information for each outfall for the following
pollutants, if the applicant knows or has reason to believe they will be
present or if they are limited by an effluent limitation guideline or
new source performance standard either directly or indirectly through
limitations on an indicator pollutant: all pollutants in table IV of
appendix D of part 122 (certain conventional and nonconventional
pollutants).
(iii) Each applicant must report estimated daily maximum, daily
average and source of information for the following pollutants if he
knows or has reason to believe that they will be present in the
discharges from any outfall:
(A) The pollutants listed in table III of appendix D (the toxic
metals, in the discharge from any outfall: Total cyanide, and total
phenols);
(B) The organic toxic pollutants in table II of appendix D (except
bis (chloromethyl) ether, dichlorofluoromethane and
trichlorofluoromethane). This requirement is waived for applicants with
expected gross sales of less than $100,000 per year for the next three
years, and for coal mines with expected average
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production of less than 100,000 tons of coal per year.
(iv) The applicant is required to report that 2,3,7,8
Tetrachlorodibenzo-P-Dioxin (TCDD) may be discharged if he uses or
manufactures one of the following compounds, or if he knows or has
reason to believe that TCDD will or may be present in an effluent:
(A) 2,4,5-trichlorophenoxy acetic acid (2,4,5-T) (CAS 93-
76-5);
(B) 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5-TP)
(CAS 93-72-1);
(C) 2-(2,4,5-trichlorophenoxy) ethyl 2,2-dichloropropionate (Erbon)
(CAS 136-25-4);
(D) 0,0-dimethyl 0-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel)
(CAS 299-84-3);
(E) 2,4,5-trichlorophenol (TCP) (CAS 95-95-4); or
(F) Hexachlorophene (HCP) (CAS 70-30-4);
(v) Each applicant must report any pollutants listed in table V of
appendix D (certain hazardous substances) if he believes they will be
present in any outfall (no quantitative estimates are required unless
they are already available).
(vi) No later than two years after the commencement of discharge
from the proposed facility, the applicant is required to complete and
submit Items V and VI of NPDES application Form 2c (see Sec.
122.21(g)). However, the applicant need not complete those portions of
Item V requiring tests which he has already performed and reported under
the discharge monitoring requirements of his NPDES permit.
(6) Engineering Report. Each applicant must report the existence of
any technical evaluation concerning his wastewater treatment, along with
the name and location of similar plants of which he has knowledge.
(7) Other information. Any optional information the permittee wishes
to have considered.
(8) Certification. Signature of certifying official under Sec.
122.22.
(l) Special provisions for applications from new sources. (1) The
owner or operator of any facility which may be a new source (as defined
in Sec. 122.2 ) and which is located in a State without an approved
NPDES program must comply with the provisions of this paragraph (l)(1).
(2)(i) Before beginning any on-site construction as defined in Sec.
122.29, the owner or operator of any facility which may be a new source
must submit information to the Regional Administrator so that he or she
can determine if the facility is a new source. The Regional
Administrator may request any additional information needed to determine
whether the facility is a new source.
(ii) The Regional Administrator shall make an initial determination
whether the facility is a new source within 30 days of receiving all
necessary information under paragraph (l)(2)(i) of this section.
(3) The Regional Administrator shall issue a public notice in
accordance with Sec. 124.10 of this chapter of the new source
determination under paragraph (l)(2) of this section. If the Regional
Administrator has determined that the facility is a new source, the
notice shall state that the applicant must comply with the environmental
review requirements of 40 CFR 6.600 through 6.607.
(4) Any interested party may challenge the Regional Administrator's
initial new source determination by requesting review of the
determination under Sec. 124.19 of this chapter within 30 days of the
public notice of the initial determination. If all interested parties
agree, the Environmental Appeals Board may defer review until after a
final permit decision is made, and consolidate review of the
determination with any review of the permit decision.
(m) Variance requests by non-POTWs. A discharger which is not a
publicly owned treatment works (POTW) may request a variance from
otherwise applicable effluent limitations under any of the following
statutory or regulatory provisions within the times specified in this
paragraph:
(1) Fundamentally different factors. (i) A request for a variance
based on the presence of ``fundamentally different factors'' from those
on which the effluent limitations guideline was based shall be filed as
follows:
(A) For a request from best practicable control technology currently
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available (BPT), by the close of the public comment period under Sec.
124.10.
(B) For a request from best available technology economically
achievable (BAT) and/or best conventional pollutant control technology
(BCT), by no later than:
(1) July 3, 1989, for a request based on an effluent limitation
guideline promulgated before February 4, 1987, to the extent July 3,
1989 is not later than that provided under previously promulgated
regulations; or
(2) 180 days after the date on which an effluent limitation
guideline is published in the Federal Register for a request based on an
effluent limitation guideline promulgated on or after February 4, 1987.
(ii) The request shall explain how the requirements of the
applicable regulatory and/or statutory criteria have been met.
(2) Non-conventional pollutants. A request for a variance from the
BAT requirements for CWA section 301(b)(2)(F) pollutants (commonly
called ``non-conventional'' pollutants) pursuant to section 301(c) of
CWA because of the economic capability of the owner or operator, or
pursuant to section 301(g) of the CWA (provided however that a Sec.
301(g) variance may only be requested for ammonia; chlorine; color;
iron; total phenols (4AAP) (when determined by the Administrator to be a
pollutant covered by section 301(b)(2)(F)) and any other pollutant which
the Administrator lists under section 301(g)(4) of the CWA) must be made
as follows:
(i) For those requests for a variance from an effluent limitation
based upon an effluent limitation guideline by:
(A) Submitting an initial request to the Regional Administrator, as
well as to the State Director if applicable, stating the name of the
discharger, the permit number, the outfall number(s), the applicable
effluent guideline, and whether the discharger is requesting a section
301(c) or section 301(g) modification or both. This request must have
been filed not later than:
(1) September 25, 1978, for a pollutant which is controlled by a BAT
effluent limitation guideline promulgated before December 27, 1977; or
(2) 270 days after promulgation of an applicable effluent limitation
guideline for guidelines promulgated after December 27, 1977; and
(B) Submitting a completed request no later than the close of the
public comment period under Sec. 124.10 demonstrating that the
requirements of Sec. 124.13 and the applicable requirements of part 125
have been met. Notwithstanding this provision, the complete application
for a request under section 301(g) shall be filed 180 days before EPA
must make a decision (unless the Regional Division Director establishes
a shorter or longer period).
(ii) For those requests for a variance from effluent limitations not
based on effluent limitation guidelines, the request need only comply
with paragraph (m)(2)(i)(B) of this section and need not be preceded by
an initial request under paragraph (m)(2)(i)(A) of this section.
(3)-(4) [Reserved]
(5) Water quality related effluent limitations. A modification under
section 302(b)(2) of requirements under section 302(a) for achieving
water quality related effluent limitations may be requested no later
than the close of the public comment period under Sec. 124.10 on the
permit from which the modification is sought.
(6) Thermal discharges. A variance under CWA section 316(a) for the
thermal component of any discharge must be filed with a timely
application for a permit under this section, except that if thermal
effluent limitations are established under CWA section 402(a)(1) or are
based on water quality standards the request for a variance may be filed
by the close of the public comment period under Sec. 124.10. A copy of
the request as required under 40 CFR part 125, subpart H, shall be sent
simultaneously to the appropriate State or interstate certifying agency
as required under 40 CFR part 125. (See Sec. 124.65 for special
procedures for section 316(a) thermal variances.)
(n) Variance requests by POTWs. A discharger which is a publicly
owned treatment works (POTW) may request a variance from otherwise
applicable effluent limitations under any of the following statutory
provisions as specified in this paragraph:
(1) Discharges into marine waters. A request for a modification
under CWA section 301(h) of requirements of CWA
[[Page 159]]
section 301(b)(1)(B) for discharges into marine waters must be filed in
accordance with the requirements of 40 CFR part 125, subpart G.
(2) [Reserved]
(3) Water quality based effluent limitation. A modification under
CWA section 302(b)(2) of the requirements under section 302(a) for
achieving water quality based effluent limitations shall be requested no
later than the close of the public comment period under Sec. 124.10 on
the permit from which the modification is sought.
(o) Expedited variance procedures and time extensions. (1)
Notwithstanding the time requirements in paragraphs (m) and (n) of this
section, the Director may notify a permit applicant before a draft
permit is issued under Sec. 124.6 that the draft permit will likely
contain limitations which are eligible for variances. In the notice the
Director may require the applicant as a condition of consideration of
any potential variance request to submit a request explaining how the
requirements of part 125 applicable to the variance have been met and
may require its submission within a specified reasonable time after
receipt of the notice. The notice may be sent before the permit
application has been submitted. The draft or final permit may contain
the alternative limitations which may become effective upon final grant
of the variance.
(2) A discharger who cannot file a timely complete request required
under paragraph (m)(2)(i)(B) or (m)(2)(ii) of this section may request
an extension. The extension may be granted or denied at the discretion
of the Director. Extensions shall be no more than 6 months in duration.
(p) Recordkeeping. Except for information required by paragraph
(d)(3)(ii) of this section, which shall be retained for a period of at
least five years from the date the application is signed (or longer as
required by 40 CFR part 503), applicants shall keep records of all data
used to complete permit applications and any supplemental information
submitted under this section for a period of at least 3 years from the
date the application is signed.
(q) Sewage sludge management. All TWTDS subject to paragraph
(c)(2)(i) of this section must provide the information in this paragraph
to the Director, using Form 2S or another application form approved by
the Director. New applicants must submit all information available at
the time of permit application. The information may be provided by
referencing information previously submitted to the Director. The
Director may waive any requirement of this paragraph if he or she has
access to substantially identical information. The Director may also
waive any requirement of this paragraph that is not of material concern
for a specific permit, if approved by the Regional Administrator. The
waiver request to the Regional Administrator must include the State's
justification for the waiver. A Regional Administrator's disapproval of
a State's proposed waiver does not constitute final Agency action, but
does provide notice to the State and permit applicant(s) that EPA may
object to any State-issued permit issued in the absence of the required
information.
(1) Facility information. All applicants must submit the following
information:
(i) The name, mailing address, and location of the TWTDS for which
the application is submitted;
(ii) Whether the facility is a Class I Sludge Management Facility;
(iii) The design flow rate (in million gallons per day);
(iv) The total population served; and
(v) The TWTDS's status as Federal, State, private, public, or other
entity;
(2) Applicant information. All applicants must submit the following
information:
(i) The name, mailing address, and telephone number of the
applicant; and
(ii) Indication whether the applicant is the owner, operator, or
both;
(3) Permit information. All applicants must submit the facility's
NPDES permit number, if applicable, and a listing of all other Federal,
State, and local permits or construction approvals received or applied
for under any of the following programs:
(i) Hazardous Waste Management program under the Resource
Conservation and Recovery Act (RCRA);
(ii) UIC program under the Safe Drinking Water Act (SDWA);
[[Page 160]]
(iii) NPDES program under the Clean Water Act (CWA);
(iv) Prevention of Significant Deterioration (PSD) program under the
Clean Air Act;
(v) Nonattainment program under the Clean Air Act;
(vi) National Emission Standards for Hazardous Air Pollutants
(NESHAPS) preconstruction approval under the Clean Air Act;
(vii) Dredge or fill permits under section 404 of CWA;
(viii) Other relevant environmental permits, including State or
local permits;
(4) Indian country. All applicants must identify any generation,
treatment, storage, land application, or disposal of sewage sludge that
occurs in Indian country;
(5) Topographic map. All applicants must submit a topographic map
(or other map if a topographic map is unavailable) extending one mile
beyond property boundaries of the facility and showing the following
information:
(i) All sewage sludge management facilities, including on-site
treatment, storage, and disposal sites; and
(ii) Wells, springs, and other surface water bodies that are within
\1/4\ mile of the property boundaries and listed in public records or
otherwise known to the applicant;
(6) Sewage sludge handling. All applicants must submit a line
drawing and/or a narrative description that identifies all sewage sludge
management practices employed during the term of the permit, including
all units used for collecting, dewatering, storing, or treating sewage
sludge, the destination(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. The applicant must submit sewage sludge
monitoring data for the pollutants for which limits in sewage sludge
have been established in 40 CFR part 503 for the applicant's use or
disposal practices on the date of permit application.
(i) The Director may require sampling for additional pollutants, as
appropriate, on a case-by-case basis;
(ii) Applicants must provide data from a minimum of three samples
taken within four and one-half years prior to the date of the permit
application. Samples must be representative of the sewage sludge and
should be taken at least one month apart. Existing data may be used in
lieu of sampling done solely for the purpose of this application;
(iii) Applicants must collect and analyze samples in accordance with
analytical methods approved under SW-846 unless an alternative has been
specified in an existing sewage sludge permit;
(iv) The monitoring data provided must include at least the
following information for each parameter:
(A) Average monthly concentration for all samples (mg/kg dry
weight), based upon actual sample values;
(B) The analytical method used; and
(C) The method detection level.
(8) Preparation of sewage sludge. If the applicant is a ``person who
prepares'' sewage sludge, as defined at 40 CFR 503.9(r), the applicant
must provide the following information:
(i) If the applicant's facility generates sewage sludge, the total
dry metric tons per 365-day period generated at the facility;
(ii) If the applicant's facility receives sewage sludge from another
facility, the following information for each facility from which sewage
sludge is received:
(A) The name, mailing address, and location of the other facility;
(B) The total dry metric tons per 365-day period received from the
other facility; and
(C) A description of any treatment processes occurring at the other
facility, including blending activities and treatment to reduce
pathogens or vector attraction characteristics;
(iii) If the applicant's facility changes the quality of sewage
sludge through blending, treatment, or other activities, the following
information:
(A) Whether the Class A pathogen reduction requirements in 40 CFR
503.32(a) or the Class B pathogen reduction requirements in 40 CFR
503.32(b) are met, and a description of any treatment processes used to
reduce pathogens in sewage sludge;
(B) Whether any of the vector attraction reduction options of 40 CFR
503.33(b)(1) through (b)(8) are met, and
[[Page 161]]
a description of any treatment processes used to reduce vector
attraction properties in sewage sludge; and
(C) A description of any other blending, treatment, or other
activities that change the quality of sewage sludge;
(iv) If sewage sludge from the applicant's facility meets the
ceiling concentrations in 40 CFR 503.13(b)(1), the pollutant
concentrations in Sec. 503.13(b)(3), the Class A pathogen requirements
in Sec. 503.32(a), and one of the vector attraction reduction
requirements in Sec. 503.33(b)(1) through (b)(8), and if the sewage
sludge is applied to the land, the applicant must provide the total dry
metric tons per 365-day period of sewage sludge subject to this
paragraph that is applied to the land;
(v) If sewage sludge from the applicant's facility is sold or given
away in a bag or other container for application to the land, and the
sewage sludge is not subject to paragraph (q)(8)(iv) of this section,
the applicant must provide the following information:
(A) The total dry metric tons per 365-day period of sewage sludge
subject to this paragraph that is sold or given away in a bag or other
container for application to the land; and
(B) A copy of all labels or notices that accompany the sewage sludge
being sold or given away;
(vi) If sewage sludge from the applicant's facility is provided to
another ``person who prepares,'' as defined at 40 CFR 503.9(r), and the
sewage sludge is not subject to paragraph (q)(8)(iv) of this section,
the applicant must provide the following information for each facility
receiving the sewage sludge:
(A) The name and mailing address of the receiving facility;
(B) The total dry metric tons per 365-day period of sewage sludge
subject to this paragraph that the applicant provides to the receiving
facility;
(C) A description of any treatment processes occurring at the
receiving facility, including blending activities 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 paragraphs (q)(8)(iv), (v), or (vi) of this section, the
applicant must provide the following information:
(i) The total dry metric tons per 365-day period of sewage sludge
subject to this paragraph that is applied to the land;
(ii) If any land application sites are located in States other than
the State where the sewage sludge is prepared, a description of how the
applicant will notify the permitting authority for the State(s) where
the land application sites are located;
(iii) The following information for each land application site that
has been identified at the time of permit application:
(A) The name (if any), and location for the land application site;
(B) The site's latitude and longitude to the nearest second, and
method of determination;
(C) A topographic map (or other map if a topographic map is
unavailable) that shows the site's location;
(D) The name, mailing address, and telephone number of the site
owner, if different from the applicant;
(E) The name, mailing address, and telephone number of the person
who applies sewage sludge to the site, if different from the applicant;
(F) Whether the site is agricultural land, forest, a public contact
site, or a reclamation site, as such site types are defined under 40 CFR
503.11;
(G) The type of vegetation grown on the site, if known, and the
nitrogen requirement for this vegetation;
(H) Whether either of the vector attraction reduction options of 40
CFR 503.33(b)(9) or (b)(10) is met at the site, and a description of any
procedures employed at the time of use to reduce vector attraction
properties in sewage sludge; and
(I) Other information that describes how the site will be managed,
as specified by the permitting authority.
(iv) The following information for each land application site that
has
[[Page 162]]
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 Sec. 503.13(b)(2)
will be applied, to ascertain whether bulk sewage sludge subject to
Sec. 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 Sec. 503.13(b)(2) to the site since July 20,
1993, if, based on the inquiry in paragraph (q)(iv)(A), bulk sewage
sludge subject to cumulative pollutant loading rates in Sec.
503.13(b)(2) has been applied to the site since July 20, 1993;
(v) If not all land application sites have been identified at the
time of permit application, the applicant must submit a land application
plan that, at a minimum:
(A) Describes the geographical area covered by the plan;
(B) Identifies the site selection criteria;
(C) Describes how the site(s) will be managed;
(D) Provides for advance notice to the permit authority of specific
land application sites and reasonable time for the permit authority to
object prior to land application of the sewage sludge; and
(E) Provides for advance public notice of land application sites in
the manner prescribed by State and local law. When State or local law
does not require advance public notice, it must be provided in a manner
reasonably calculated to apprize the general public of the planned land
application.
(10) Surface disposal. If sewage sludge from the applicant's
facility is placed on a surface disposal site, the applicant must
provide the following information:
(i) The total dry metric tons of sewage sludge from the applicant's
facility that is placed on surface disposal sites per 365-day period;
(ii) The following information for each surface disposal site
receiving sewage sludge from the applicant's facility that the applicant
does not own or operate:
(A) The site name or number, contact person, mailing address, and
telephone number for the surface disposal site; and
(B) The total dry metric tons from the applicant's facility per 365-
day period placed on the surface disposal site;
(iii) The following information for each active sewage sludge unit
at each surface disposal site that the applicant owns or operates:
(A) The name or number and the location of the active sewage sludge
unit;
(B) The unit's latitude and longitude to the nearest second, and
method of determination;
(C) If not already provided, a topographic map (or other map if a
topographic map is unavailable) that shows the unit's location;
(D) The total dry metric tons placed on the active sewage sludge
unit per 365-day period;
(E) The total dry metric tons placed on the active sewage sludge
unit over the life of the unit;
(F) A description of any liner for the active sewage sludge unit,
including whether it has a maximum permeability of 1 x 10-7
cm/sec;
(G) A description of any leachate collection system for the active
sewage sludge unit, including the method used for leachate disposal, and
any Federal, State, and local permit number(s) for leachate disposal;
(H) If the active sewage sludge unit is less than 150 meters from
the property line of the surface disposal site, the actual distance from
the unit boundary to the site property line;
(I) The remaining capacity (dry metric tons) for the active sewage
sludge unit;
(J) The date on which the active sewage sludge unit is expected to
close, if such a date has been identified;
(K) The following information for any other facility that sends
sewage sludge to the active sewage sludge unit:
[[Page 163]]
(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;
(L) Whether any of the vector attraction reduction options of 40 CFR
503.33(b)(9) through (b)(11) is met at the active sewage sludge unit,
and a description of any procedures employed at the time of disposal to
reduce vector attraction properties in sewage sludge;
(M) The following information, as applicable to any ground-water
monitoring occurring at the active sewage sludge unit:
(1) A description of any ground-water monitoring occurring at the
active sewage sludge unit;
(2) Any available ground-water monitoring data, with a description
of the well locations and approximate depth to ground water;
(3) A copy of any ground-water monitoring plan that has been
prepared for the active sewage sludge unit;
(4) A copy of any certification that has been obtained from a
qualified ground-water scientist that the aquifer has not been
contaminated; and
(N) If site-specific pollutant limits are being sought for the
sewage sludge placed on this active sewage sludge unit, information to
support such a request;
(11) Incineration. If sewage sludge from the applicant's facility is
fired in a sewage sludge incinerator, the applicant must provide the
following information:
(i) The total dry metric tons of sewage sludge from the applicant's
facility that is fired in sewage sludge incinerators per 365-day period;
(ii) The following information for each sewage sludge incinerator
firing the applicant's sewage sludge that the applicant does not own or
operate:
(A) The name and/or number, contact person, mailing address, and
telephone number of the sewage sludge incinerator; and
(B) The total dry metric tons from the applicant's facility per 365-
day period fired in the sewage sludge incinerator;
(iii) The following information for each sewage sludge incinerator
that the applicant owns or operates:
(A) The name and/or number and the location of the sewage sludge
incinerator;
(B) The incinerator's latitude and longitude to the nearest second,
and method of determination;
(C) The total dry metric tons per 365-day period fired in the sewage
sludge incinerator;
(D) Information, test data, and documentation of ongoing operating
parameters indicating that compliance with the National Emission
Standard for Beryllium in 40 CFR part 61 will be achieved;
(E) Information, test data, and documentation of ongoing operating
parameters indicating that compliance with the National Emission
Standard for Mercury in 40 CFR part 61 will be achieved;
(F) The dispersion factor for the sewage sludge incinerator, as well
as modeling results and supporting documentation;
(G) The control efficiency for parameters regulated in 40 CFR
503.43, as well as performance test results and supporting
documentation;
(H) Information used to calculate the risk specific concentration
(RSC) for chromium, including the results of incinerator stack tests for
hexavalent and total chromium concentrations, if the applicant is
requesting a chromium limit based on a site-specific RSC value;
(I) Whether the applicant monitors total hydrocarbons (THC) or
Carbon Monoxide (CO) in the exit gas for the sewage sludge incinerator;
(J) The type of sewage sludge incinerator;
(K) The maximum performance test combustion temperature, as obtained
during the performance test of the sewage sludge incinerator to
determine pollutant control efficiencies;
(L) The following information on the sewage sludge feed rate used
during the performance test:
(1) Sewage sludge feed rate in dry metric tons per day;
(2) Identification of whether the feed rate submitted is average use
or maximum design; and
[[Page 164]]
(3) A description of how the feed rate was calculated;
(M) The incinerator stack height in meters for each stack, including
identification of whether actual or creditable stack height was used;
(N) The operating parameters for the sewage sludge incinerator air
pollution control device(s), as obtained during the performance test of
the sewage sludge incinerator to determine pollutant control
efficiencies;
(O) Identification of the monitoring equipment in place, including
(but not limited to) equipment to monitor the following:
(1) Total hydrocarbons or Carbon Monoxide;
(2) Percent oxygen;
(3) Percent moisture; and
(4) Combustion temperature; and
(P) A list of all air pollution control equipment used with this
sewage sludge incinerator;
(12) Disposal in a municipal solid waste landfill. If sewage sludge
from the applicant's facility is sent to a municipal solid waste
landfill (MSWLF), the applicant must provide the following information
for each MSWLF to which sewage sludge is sent:
(i) The name, contact person, mailing address, location, and all
applicable permit numbers of the MSWLF;
(ii) The total dry metric tons per 365-day period sent from this
facility to the MSWLF;
(iii) A determination of whether the sewage sludge meets applicable
requirements for disposal of sewage sludge in a MSWLF, including the
results of the paint filter liquids test and any additional requirements
that apply on a site-specific basis; and
(iv) Information, if known, indicating whether the MSWLF complies
with criteria set forth in 40 CFR part 258;
(13) Contractors. All applicants must provide the name, mailing
address, telephone number, and responsibilities of all contractors
responsible for any operational or maintenance aspects of the facility
related to sewage sludge generation, treatment, use, or disposal;
(14) Other information. At the request of the permitting authority,
the applicant must provide any other information necessary to determine
the appropriate standards for permitting under 40 CFR part 503, and must
provide any other information necessary to assess the sewage sludge use
and disposal practices, determine whether to issue a permit, or identify
appropriate permit requirements; and
(15) Signature. All applications must be signed by a certifying
official in compliance with Sec. 122.22.
[Note 1: At 46 FR 2046, Jan. 8, 1981, the Environmental Protection
Agency suspended until further notice Sec. 122.21(g)(7)(v)(A) and the
corresponding portions of Item V-C of the NPDES application Form 2C as
they apply to coal mines. This suspension continues in effect.]
[Note 2: At 46 FR 22585, Apr. 20, 1981, the Environmental Protection
Agency suspended until further notice Sec. 122.21(g)(7)(v)(A) and the
corresponding portions of Item V-C of the NPDES application Form 2C as
they apply to:
a. Testing and reporting for all four organic fractions in the
Greige Mills Subcategory of the Textile Mills industry (subpart C--Low
water use processing of 40 CFR part 410), and testing and reporting for
the pesticide fraction in all other subcategories of this industrial
category.
b. Testing and reporting for the volatile, base/neutral and
pesticide fractions in the Base and Precious Metals Subcategory of the
Ore Mining and Dressing industry (subpart B of 40 CFR part 440), and
testing and reporting for all four fractions in all other subcategories
of this industrial category.
c. Testing and reporting for all four GC/MS fractions in the
Porcelain Enameling industry.
This revision continues that suspension.] \1\
[Note 3: At 46 FR 35090, July 1, 1981, the Environmental Protection
Agency suspended until further notice Sec. 122.21(g)(7)(v)(A) and the
corresponding portions of Item V-C of the NPDES application Form 2C as
they apply to:
a. Testing and reporting for the pesticide fraction in the Tall Oil
Rosin Subcategory (subpart D) and Rosin-Based Derivatives Subcategory
(subpart F) of the Gum and Wood Chemicals industry (40 CFR part 454),
and testing and reporting for the pesticide and base-neutral fractions
in all other subcategories of this industrial category.
b. Testing and reporting for the pesticide fraction in the Leather
Tanning and Finishing, Paint and Ink Formulation, and Photographic
Supplies industrial categories.
c. Testing and reporting for the acid, base/neutral and pesticide
fractions in the Petroleum Refining industrial category.
d. Testing and reporting for the pesticide fraction in the
Papergrade Sulfite subcategories (subparts J and U) of the Pulp and
Paper industry (40 CFR part 430); testing and
[[Page 165]]
reporting for the base/neutral and pesticide fractions in the following
subcategories: Deink (subpart Q), Dissolving Kraft (subpart F), and
Paperboard from Waste Paper (subpart E); testing and reporting for the
volatile, base/neutral and pesticide fractions in the following
subcategories: BCT Bleached Kraft (subpart H), Semi-Chemical (subparts B
and C), and Nonintegrated-Fine Papers (subpart R); and testing and
reporting for the acid, base/neutral, and pesticide fractions in the
following subcategories: Fine Bleached Kraft (subpart I), Dissolving
Sulfite Pulp (subpart K), Groundwood-Fine Papers (subpart O), Market
Bleached Kraft (subpart G), Tissue from Wastepaper (subpart T), and
Nonintegrated-Tissue Papers (subpart S).
e. Testing and reporting for the base/neutral fraction in the Once-
Through Cooling Water, Fly Ash and Bottom Ash Transport Water process
wastestreams of the Steam Electric Power Plant industrial category.
This revision continues that suspension.] \1\
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\1\ Editorial Note: The words ``This revision'' refer to the
document published at 48 FR 14153, Apr. 1, 1983.
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(r) Application requirements for facilities with cooling water
intake structures--(1)(i) New facilities with new or modified cooling
water intake structures. New facilities with cooling water intake
structures as defined in part 125, subpart I, of this chapter must
submit to the Director for review the information required under
paragraphs (r)(2), (3), and (4) of this section and Sec. 125.86 of this
chapter as part of their application. Requests for alternative
requirements under Sec. 125.85 of this chapter must be submitted with
your permit application.
(ii) Phase II existing facilities. Phase II existing facilities as
defined in part 125, subpart J, of this chapter must submit to the
Director for review the information required under paragraphs (r)(2),
(3), and (5) of this section and all applicable provisions of Sec.
125.95 of this chapter as part of their application except for the
Proposal for Information Collection which must be provided in accordance
with Sec. 125.95(b)(1).
(2) Source water physical data. These include:
(i) A narrative description and scaled drawings showing the physical
configuration of all source water bodies used by your facility,
including areal dimensions, depths, salinity and temperature regimes,
and other documentation that supports your determination of the water
body type where each cooling water intake structure is located;
(ii) Identification and characterization of the source waterbody's
hydrological and geomorphological features, as well as the methods you
used to conduct any physical studies to determine your intake's area of
influence within the waterbody and the results of such studies; and
(iii) Locational maps.
(3) Cooling water intake structure data. These include:
(i) A narrative description of the configuration of each of your
cooling water intake structures and where it is located in the water
body and in the water column;
(ii) Latitude and longitude in degrees, minutes, and seconds for
each of your cooling water intake structures;
(iii) A narrative description of the operation of each of your
cooling water intake structures, including design intake flows, daily
hours of operation, number of days of the year in operation and seasonal
changes, if applicable;
(iv) A flow distribution and water balance diagram that includes all
sources of water to the facility, recirculating flows, and discharges;
and
(v) Engineering drawings of the cooling water intake structure.
(4) Source water baseline biological characterization data. This
information is required to characterize the biological community in the
vicinity of the cooling water intake structure and to characterize the
operation of the cooling water intake structures. The Director may also
use this information in subsequent permit renewal proceedings to
determine if your Design and Construction Technology Plan as required in
Sec. 125.86(b)(4) of this chapter should be revised. This supporting
information must include existing data (if they are available). However,
you may supplement the data using newly conducted field studies if you
choose to do so. The information you submit must include:
(i) A list of the data in paragraphs (r)(4)(ii) through (vi) of this
section that are not available and efforts made to identify sources of
the data;
(ii) A list of species (or relevant taxa) for all life stages and
their relative abundance in the vicinity of the cooling water intake
structure;
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(iii) Identification of the species and life stages that would be
most susceptible to impingement and entrainment. Species evaluated
should include the forage base as well as those most important in terms
of significance to commercial and recreational fisheries;
(iv) Identification and evaluation of the primary period of
reproduction, larval recruitment, and period of peak abundance for
relevant taxa;
(v) Data representative of the seasonal and daily activities (e.g.,
feeding and water column migration) of biological organisms in the
vicinity of the cooling water intake structure;
(vi) Identification of all threatened, endangered, and other
protected species that might be susceptible to impingement and
entrainment at your cooling water intake structures;
(vii) Documentation of any public participation or consultation with
Federal or State agencies undertaken in development of the plan; and
(viii) If you supplement the information requested in paragraph
(r)(4)(i) of this section with data collected using field studies,
supporting documentation for the Source Water Baseline Biological
Characterization must include a description of all methods and quality
assurance procedures for sampling, and data analysis including a
description of the study area; taxonomic identification of sampled and
evaluated biological assemblages (including all life stages of fish and
shellfish); and sampling and data analysis methods. The sampling and/or
data analysis methods you use must be appropriate for a quantitative
survey and based on consideration of methods used in other biological
studies performed within the same source water body. The study area
should include, at a minimum, the area of influence of the cooling water
intake structure.
(5) Cooling water system data. Phase II existing facilities as
defined in part 125, subpart J of this chapter must provide the
following information for each cooling water intake structure they use:
(i) A narrative description of the operation of the cooling water
system, its relationship to cooling water intake structures, the
proportion of the design intake flow that is used in the system, the
number of days of the year the cooling water system is in operation and
seasonal changes in the operation of the system, if applicable; and
(ii) Design and engineering calculations prepared by a qualified
professional and supporting data to support the description required by
paragraph (r)(5)(i) of this section.
[48 FR 14153, Apr. 1, 1983, as amended at 49 FR 31842, Aug. 8, 1984; 49
FR 38046, Sept. 26, 1984; 50 FR 6940, 6941, Feb. 19, 1985; 50 FR 35203,
Aug. 29, 1985; 51 FR 26991, July 28, 1986; 53 FR 4158, Feb. 12, 1988; 53
FR 33007, Sept. 6, 1988; 54 FR 254, Jan. 4, 1989; 54 FR 18782, May 2,
1989; 55 FR 30128, July 24, 1990; 55 FR 48062, Nov. 16, 1990; 58 FR
9413, Feb. 19, 1993; 60 FR 17956, Apr. 7, 1995; 60 FR 33931, June 29,
1995; 60 FR 40235, Aug. 7, 1995; 64 FR 42462, Aug. 4, 1999; 64 FR 68838,
Dec. 8, 1999; 65 FR 30905, May 15, 2000; 66 FR 65337, Dec. 18, 2001; 68
FR 7265, Feb. 12, 2003; 69 FR 41682, July 9, 2004; 70 FR 60191, Oct. 14,
2005; 71 FR 6983, Feb. 10, 2006]
Effective Date Note: At 71 FR 35039, June 16, 2006, Sec. 122.21 was
amended by revising paragraph (r)(1)(i), removing ``and'' from the end
of paragraph (r)(2)(ii), removing the period at the end of paragraph
(r)(2)(iii) and adding ``; and'' in its place, adding a new paragraph
(r)(2)(iv), and revising paragraph (r)(4) introductory text, effective
July 17, 2006. For the convenience of the user, the revised text is set
forth as follows:
Sec. 122.21 Application for a permit (applicable to State programs,
see Sec. 123.25)
* * * * *
(r) Application requirements for facilities with cooling water
intake structures--(1)(i) New facilities with new or modified cooling
water intake structures. New facilities (other than offshore oil and gas
extraction facilities) with cooling water intake structures as defined
in part 125, subpart I, of this chapter must submit to the Director for
review the information required under paragraphs (r)(2) (except
(r)(2)(iv)), (3), and (4) of this section and Sec. 125.86 of this
chapter as part of their application. New offshore oil and gas
extraction facilities with cooling water intake structures as defined in
part 125, subpart N, of this chapter that are fixed facilities must
submit to the Director for review the information required under
paragraphs (r)(2) (except (r)(2)(iv)), (3), and (4) of this section and
Sec. 125.136 of this chapter as part of their application. New offshore
oil and gas extraction facilities that are not fixed facilities must
submit to the Director for review only the information required under
paragraphs (r)(2)(iv), (r)(3) (except (r)(3)(ii)), and Sec. 125.136 of
this chapter as part of their application.
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Requests for alternative requirements under Sec. 125.85 or Sec.
125.135 of this chapter must be submitted with your permit application.
* * * * *
(2) * * *
(iv) For new offshore oil and gas facilities that are not fixed
facilities, a narrative description and/or locational maps providing
information on predicted locations within the waterbody during the
permit term in sufficient detail for the Director to determine the
appropriateness of additional impingement requirements under Sec.
125.134(b)(4).
* * * * *
(4) Source water baseline biological characterization data. This
information is required to characterize the biological community in the
vicinity of the cooling water intake structure and to characterize the
operation of the cooling water intake structures. The Director may also
use this information in subsequent permit renewal proceedings to
determine if your Design and Construction Technology Plan as required in
Sec. 125.86(b)(4) or Sec. 125.136(b)(3) of this chapter should be
revised. This supporting information must include existing data (if they
are available). However, you may supplement the data using newly
conducted field studies if you choose to do so. The information you
submit must include:
* * * * *