[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: 40CFR122.28]



[Page 195-198]

 

                   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.  122.28  General permits (applicable to State NPDES programs, see 

Sec.  123.25).



    (a) Coverage. The Director may issue a general permit in accordance 

with the following:

    (1) Area. The general permit shall be written to cover one or more 

categories or subcategories of discharges or sludge use or disposal 

practices or facilities described in the permit under paragraph 

(a)(2)(ii) of this section, except those covered by individual permits, 

within a geographic area. The area should correspond to existing 

geographic or political boundaries such as:

    (i) Designated planning areas under sections 208 and 303 of CWA;

    (ii) Sewer districts or sewer authorities;

    (iii) City, county, or State political boundaries;

    (iv) State highway systems;

    (v) Standard metropolitan statistical areas as defined by the Office 

of Management and Budget;

    (vi) Urbanized areas as designated by the Bureau of the Census 

according to criteria in 30 FR 15202 (May 1, 1974); or

    (vii) Any other appropriate division or combination of boundaries.

    (2) Sources. The general permit may be written to regulate one or 

more categories or subcategories of discharges or sludge use or disposal 

practices or facilities, within the area described in paragraph (a)(1) 

of this section, where the sources within a covered subcategory of 

discharges are either:

    (i) Storm water point sources; or (ii) One or more categories or 

subcategories of point sources other than storm water point sources, or 

one or more categories or subcategories of ``treatment works treating 

domestic sewage'', if the sources or ``treatment works treating domestic 

sewage'' within each category or subcategory all:

    (A) Involve the same or substantially similar types of operations;

    (B) Discharge the same types of wastes or engage in the same types 

of sludge use or disposal practices;

    (C) Require the same effluent limitations, operating conditions, or 

standards for sewage sludge use or disposal;

    (D) Require the same or similar monitoring; and (E) In the opinion 

of the Director, are more appropriately controlled under a general 

permit than under individual permits.

    (3)Water quality-based limits. Where sources within a specific 

category or subcategory of dischargers are subject to water quality-

based limits imposed pursuant to Sec.  122.44, the sources in that 

specific category or subcategory shall be subject to the same water 

quality-based effluent limitations.

    (4) Other requirements. (i) The general permit must clearly identify 

the applicable conditions for each category or subcategory of 

dischargers or treatment works treating domestic sewage covered by the 

permit.

    (ii) The general permit may exclude specified sources or areas from 

coverage.

    (b) Administration--(1) In general. General permits may be issued, 

modified, revoked and reissued, or terminated in accordance with 

applicable requirements of part 124 of this chapter or corresponding 

State regulations. Special procedures for issuance are found at Sec.  

123.44 of this chapter for States.

    (2) Authorization to discharge, or authorization to engage in sludge 

use and disposal practices. (i) Except as provided in paragraphs 

(b)(2)(v) and (b)(2)(vi) of this section, dischargers (or treatment 

works treating domestic sewage) seeking coverage under a general permit 

shall submit to the Director a written notice of intent to be covered by 

the general permit. A discharger (or treatment works treating domestic 

sewage) who fails to submit a notice of intent in accordance with the 

terms of the permit is not authorized to discharge, (or in the case of 

sludge disposal permit, to engage in a sludge use or disposal practice), 

under the terms of the general permit unless the general permit, in 

accordance with paragraph



[[Page 196]]



(b)(2)(v) of this section, contains a provision that a notice of intent 

is not required or the Director notifies a discharger (or treatment 

works treating domestic sewage) that it is covered by a general permit 

in accordance with paragraph (b)(2)(vi) of this section. A complete and 

timely, notice of intent (NOI), to be covered in accordance with general 

permit requirements, fulfills the requirements for permit applications 

for purposes of Sec. Sec.  122.6, 122.21 and 122.26.

    (ii) The contents of the notice of intent shall be specified in the 

general permit and shall require the submission of information necessary 

for adequate program implementation, including at a minimum, the legal 

name and address of the owner or operator, the facility name and 

address, type of facility or discharges, and the receiving stream(s). 

General permits for storm water discharges associated with industrial 

activity from inactive mining, inactive oil and gas operations, or 

inactive landfills occurring on Federal lands where an operator cannot 

be identified may contain alternative notice of intent requirements. All 

notices of intent shall be signed in accordance with Sec.  122.22. 

Notices of intent for coverage under a general permit for concentrated 

animal feeding operations must include the information specified in 

Sec.  122.21(i)(1), including a topographic map.

    (iii) General permits shall specify the deadlines for submitting 

notices of intent to be covered and the date(s) when a discharger is 

authorized to discharge under the permit;

    (iv) General permits shall specify whether a discharger (or 

treatment works treating domestic sewage) that has submitted a complete 

and timely notice of intent to be covered in accordance with the general 

permit and that is eligible for coverage under the permit, is authorized 

to discharge, (or in the case of a sludge disposal permit, to engage in 

a sludge use or disposal practice), in accordance with the permit either 

upon receipt of the notice of intent by the Director, after a waiting 

period specified in the general permit, on a date specified in the 

general permit, or upon receipt of notification of inclusion by the 

Director. Coverage may be terminated or revoked in accordance with 

paragraph (b)(3) of this section.

    (v) Discharges other than discharges from publicly owned treatment 

works, combined sewer overflows, municipal separate storm sewer systems, 

primary industrial facilities, and storm water discharges associated 

with industrial activity, may, at the discretion of the Director, be 

authorized to discharge under a general permit without submitting a 

notice of intent where the Director finds that a notice of intent 

requirement would be inappropriate. In making such a finding, the 

Director shall consider: the type of discharge; the expected nature of 

the discharge; the potential for toxic and conventional pollutants in 

the discharges; the expected volume of the discharges; other means of 

identifying discharges covered by the permit; and the estimated number 

of discharges to be covered by the permit. The Director shall provide in 

the public notice of the general permit the reasons for not requiring a 

notice of intent.

    (vi) The Director may notify a discharger (or treatment works 

treating domestic sewage) that it is covered by a general permit, even 

if the discharger (or treatment works treating domestic sewage) has not 

submitted a notice of intent to be covered. A discharger (or treatment 

works treating domestic sewage) so notified may request an individual 

permit under paragraph (b)(3)(iii) of this section.

    (3) Requiring an individual permit. (i) The Director may require any 

discharger authorized by a general permit to apply for and obtain an 

individual NPDES permit. Any interested person may petition the Director 

to take action under this paragraph. Cases where an individual NPDES 

permit may be required include the following:

    (A) The discharger or ``treatment works treating domestic sewage'' 

is not in compliance with the conditions of the general NPDES permit;

    (B) A change has occurred in the availability of demonstrated 

technology or practices for the control or abatement of pollutants 

applicable to the point source or treatment works treating domestic 

sewage;



[[Page 197]]



    (C) Effluent limitation guidelines are promulgated for point sources 

covered by the general NPDES permit;

    (D) A Water Quality Management plan containing requirements 

applicable to such point sources is approved;

    (E) Circumstances have changed since the time of the request to be 

covered so that the discharger is no longer appropriately controlled 

under the general permit, or either a temporary or permanent reduction 

or elimination of the authorized discharge is necessary;

    (F) Standards for sewage sludge use or disposal have been 

promulgated for the sludge use and disposal practice covered by the 

general NPDES permit; or

    (G) The discharge(s) is a significant contributor of pollutants. In 

making this determination, the Director may consider the following 

factors:

    (1) The location of the discharge with respect to waters of the 

United States;

    (2) The size of the discharge;

    (3) The quantity and nature of the pollutants discharged to waters 

of the United States; and

    (4) Other relevant factors;

    (ii) For EPA issued general permits only, the Regional Administrator 

may require any owner or operator authorized by a general permit to 

apply for an individual NPDES permit as provided in paragraph (b)(3)(i) 

of this section, only if the owner or operator has been notified in 

writing that a permit application is required. This notice shall include 

a brief statement of the reasons for this decision, an application form, 

a statement setting a time for the owner or operator to file the 

application, and a statement that on the effective date of the 

individual NPDES permit the general permit as it applies to the 

individual permittee shall automatically terminate. The Director may 

grant additional time upon request of the applicant.

    (iii) Any owner or operator authorized by a general permit may 

request to be excluded from the coverage of the general permit by 

applying for an individual permit. The owner or operator shall submit an 

application under Sec.  122.21, with reasons supporting the request, to 

the Director no later than 90 days after the publication by EPA of the 

general permit in the Federal Register or the publication by a State in 

accordance with applicable State law. The request shall be processed 

under part 124 or applicable State procedures. The request shall be 

granted by issuing of any individual permit if the reasons cited by the 

owner or operator are adequate to support the request.

    (iv) When an individual NPDES permit is issued to an owner or 

operator otherwise subject to a general NPDES permit, the applicability 

of the general permit to the individual NPDES permittee is automatically 

terminated on the effective date of the individual permit.

    (v) A source excluded from a general permit solely because it 

already has an individual permit may request that the individual permit 

be revoked, and that it be covered by the general permit. Upon 

revocation of the individual permit, the general permit shall apply to 

the source.

    (c) Offshore oil and gas facilities (Not applicable to State 

programs). (1) The Regional Administrator shall, except as provided 

below, issue general permits covering discharges from offshore oil and 

gas exploration and production facilities within the Region's 

jurisdiction. Where the offshore area includes areas, such as areas of 

biological concern, for which separate permit conditions are required, 

the Regional Administrator may issue separate general permits, 

individual permits, or both. The reason for separate general permits or 

individual permits shall be set forth in the appropriate fact sheets or 

statements of basis. Any statement of basis or fact sheet for a draft 

permit shall include the Regional Administrator's tentative 

determination as to whether the permit applies to ``new sources,'' ``new 

dischargers,'' or existing sources and the reasons for this 

determination, and the Regional Administrator's proposals as to areas of 

biological concern subject either to separate individual or general 

permits. For Federally leased lands, the general permit area should 

generally be no less extensive than the lease sale area defined by the 

Department of the Interior.

    (2) Any interested person, including any prospective permittee, may 

petition the Regional Administrator to



[[Page 198]]



issue a general permit. Unless the Regional Administrator determines 

under paragraph (c)(1) of this section that no general permit is 

appropriate, he shall promptly provide a project decision schedule 

covering the issuance of the general permit or permits for any lease 

sale area for which the Department of the Interior has published a draft 

environmental impact statement. The project decision schedule shall meet 

the requirements of Sec.  124.3(g), and shall include a schedule 

providing for the issuance of the final general permit or permits not 

later than the date of the final notice of sale projected by the 

Department of the Interior or six months after the date of the request, 

whichever is later. The Regional Administrator may, at his discretion, 

issue a project decision schedule for offshore oil and gas facilities in 

the territorial seas.

    (3) Nothing in this paragraph (c) shall affect the authority of the 

Regional Administrator to require an individual permit under Sec.  

122.28(b)(3)(i) (A) through (G).



(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 

U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource 

Conservation and Recovery Act (42 U.S.C. 6901 et seq.))



[48 FR 14153, Apr. 1, 1983, as amended at 48 FR 39619, Sept. 1, 1983; 49 

FR 38048, Sept. 26, 1984; 50 FR 6940, Feb. 19, 1985; 54 FR 18782, May 2, 

1989; 55 FR 48072, Nov. 16, 1990; 57 FR 11412 and 11413, Apr. 2, 1992; 

64 FR 68841, Dec. 8, 1999; 65 FR 30908, May 15, 2000; 68 FR 7268, Feb. 

12, 2003]