[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: 40CFR122.42]



[Page 213-216]

 

                   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 C_Permit Conditions

 

Sec.  122.42  Additional conditions applicable to specified categories 

of NPDES permits (applicable to State NPDES programs, see Sec.  123.25).



    The following conditions, in addition to those set forth in Sec.  

122.41, apply to all NPDES permits within the categories specified 

below:

    (a) Existing manufacturing, commercial, mining, and silvicultural 

dischargers. In addition to the reporting requirements under Sec.  

122.41(1), all existing manufacturing, commercial, mining, and 

silvicultural dischargers must notify the



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Director as soon as they know or have reason to believe:

    (1) That any activity has occurred or will occur which would result 

in the discharge, on a routine or frequent basis, of any toxic pollutant 

which is not limited in the permit, if that discharge will exceed the 

highest of the following ``notification levels'':

    (i) One hundred micrograms per liter (100 [micro]g/l);

    (ii) Two hundred micrograms per liter (200 [micro]g/l) for acrolein 

and acrylonitrile; five hundred micrograms per liter (500 [micro]g/l) 

for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one 

milligram per liter (1 mg/l) for antimony;

    (iii) Five (5) times the maximum concentration value reported for 

that pollutant in the permit application in accordance with Sec.  

122.21(g)(7); or

    (iv) The level established by the Director in accordance with Sec.  

122.44(f).

    (2) That any activity has occurred or will occur which would result 

in any discharge, on a non-routine or infrequent basis, of a toxic 

pollutant which is not limited in the permit, if that discharge will 

exceed the highest of the following ``notification levels'':

    (i) Five hundred micrograms per liter (500 [micro]g/l);

    (ii) One milligram per liter (1 mg/l) for antimony;

    (iii) Ten (10) times the maximum concentration value reported for 

that pollutant in the permit application in accordance with Sec.  

122.21(g)(7).

    (iv) The level established by the Director in accordance with Sec.  

122.44(f).

    (b) Publicly owned treatment works. All POTWs must provide adequate 

notice to the Director of the following:

    (1) Any new introduction of pollutants into the POTW from an 

indirect discharger which would be subject to section 301 or 306 of CWA 

if it were directly discharging those pollutants; and

    (2) Any substantial change in the volume or character of pollutants 

being introduced into that POTW by a source introducing pollutants into 

the POTW at the time of issuance of the permit.

    (3) For purposes of this paragraph, adequate notice shall include 

information on (i) the quality and quantity of effluent introduced into 

the POTW, and (ii) any anticipated impact of the change on the quantity 

or quality of effluent to be discharged from the POTW.

    (c) Municipal separate storm sewer systems. The operator of a large 

or medium municipal separate storm sewer system or a municipal separate 

storm sewer that has been designated by the Director under Sec.  

122.26(a)(1)(v) of this part must submit an annual report by the 

anniversary of the date of the issuance of the permit for such system. 

The report shall include:

    (1) The status of implementing the components of the storm water 

management program that are established as permit conditions;

    (2) Proposed changes to the storm water management programs that are 

established as permit condition. Such proposed changes shall be 

consistent with Sec.  122.26(d)(2)(iii) of this part; and

    (3) Revisions, if necessary, to the assessment of controls and the 

fiscal analysis reported in the permit application under Sec.  

122.26(d)(2)(iv) and (d)(2)(v) of this part;

    (4) A summary of data, including monitoring data, that is 

accumulated throughout the reporting year;

    (5) Annual expenditures and budget for year following each annual 

report;

    (6) A summary describing the number and nature of enforcement 

actions, inspections, and public education programs;

    (7) Identification of water quality improvements or degradation;

    (d) Storm water discharges. The initial permits for discharges 

composed entirely of storm water issued pursuant to Sec.  122.26(e)(7) 

of this part shall require compliance with the conditions of the permit 

as expeditiously as practicable, but in no event later than three years 

after the date of issuance of the permit.

    (e) Concentrated animal feeding operations (CAFOs). Any permit 

issued to a CAFO must include:

    (1) Requirements to develop and implement a nutrient management 

plan. At a minimum, a nutrient management plan must include best 

management practices and procedures necessary to implement applicable 

effluent limitations and standards. Permitted CAFOs must have their 

nutrient management plans



[[Page 215]]



developed and implemented by July 31, 2007. CAFOs that seek to obtain 

coverage under a permit after July 31, 2007, must have a nutrient 

management plan developed and implemented upon the date of permit 

coverage. The nutrient management plan must, to the extent applicable:

    (i) Ensure adequate storage of manure, litter, and process 

wastewater, including procedures to ensure proper operation and 

maintenance of the storage facilities;

    (ii) Ensure proper management of mortalities (i.e., dead animals) to 

ensure that they are not disposed of in a liquid manure, storm water, or 

process wastewater storage or treatment system that is not specifically 

designed to treat animal mortalities;

    (iii) Ensure that clean water is diverted, as appropriate, from the 

production area;

    (iv) Prevent direct contact of confined animals with waters of the 

United States;

    (v) Ensure that chemicals and other contaminants handled on-site are 

not disposed of in any manure, litter, process wastewater, or storm 

water storage or treatment system unless specifically designed to treat 

such chemicals and other contaminants;

    (vi) Identify appropriate site specific conservation practices to be 

implemented, including as appropriate buffers or equivalent practices, 

to control runoff of pollutants to waters of the United States;

    (vii) Identify protocols for appropriate testing of manure, litter, 

process wastewater, and soil;

    (viii) Establish protocols to land apply manure, litter or process 

wastewater in accordance with site specific nutrient management 

practices that ensure appropriate agricultural utilization of the 

nutrients in the manure, litter or process wastewater; and

    (ix) Identify specific records that will be maintained to document 

the implementation and management of the minimum elements described in 

paragraphs (e)(1)(i) through (e)(1)(viii) of this section.

    (2) Recordkeeping requirements. (i) The permittee must create, 

maintain for five years, and make available to the Director, upon 

request, the following records:

    (A) All applicable records identified pursuant paragraph (e)(1)(ix) 

of this section;

    (B) In addition, all CAFOs subject to 40 CFR part 412 must comply 

with record keeping requirements as specified in Sec.  412.37(b) and (c) 

and Sec.  412.47(b) and (c).

    (ii) A copy of the CAFO's site-specific nutrient management plan 

must be maintained on site and made available to the Director upon 

request.

    (3) Requirements relating to transfer of manure or process 

wastewater to other persons. Prior to transferring manure, litter or 

process wastewater to other persons, Large CAFOs must provide the 

recipient of the manure, litter or process wastewater with the most 

current nutrient analysis. The analysis provided must be consistent with 

the requirements of 40 CFR part 412. Large CAFOs must retain for five 

years records of the date, recipient name and address, and approximate 

amount of manure, litter or process wastewater transferred to another 

person.

    (4) Annual reporting requirements for CAFOs. The permittee must 

submit an annual report to the Director. The annual report must include:

    (i) 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);

    (ii) Estimated amount of total manure, litter and process wastewater 

generated by the CAFO in the previous 12 months (tons/gallons);

    (iii) Estimated amount of total manure, litter and process 

wastewater transferred to other person by the CAFO in the previous 12 

months (tons/gallons);

    (iv) Total number of acres for land application covered by the 

nutrient management plan developed in accordance with paragraph (e)(1) 

of this section;

    (v) Total number of acres under control of the CAFO that were used 

for land application of manure, litter and



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process wastewater in the previous 12 months;

    (vi) Summary of all manure, litter and process wastewater discharges 

from the production area that have occurred in the previous 12 months, 

including date, time, and approximate volume; and

    (vii) A statement indicating whether the current version of the 

CAFO's nutrient management plan was developed or approved by a certified 

nutrient management planner.



[48 FR 14153, Apr. 1, 1983, as amended at 49 FR 38049, Sept. 26, 1984; 

50 FR 4514, Jan. 31, 1985; 55 FR 48073, Nov. 16, 1990; 57 FR 60448, Dec. 

18, 1992; 68 FR 7268, Feb. 12, 2003; 71 FR 6984, Feb. 10, 2006]