Current through 2024-13, March 27, 2024
In addition to the conditions established under Section
4(a), each NPDES
permit shall include conditions meeting the following requirements when
applicable.
(a) Technology-based
effluent limitations and standards based on effluent limitations and standards
promulgated under section 301 of CWA or new source performance standards
promulgated under section 306 of CWA, on case-by-case effluent limitations
determined under section 402(a)(1) of CWA, or on a combination of the two, in
accordance with Chapter 523, Section 2. For new sources or new dischargers,
these technology based limitations and standards are subject to the provisions
of
40 CFR
122.29(d) (protection
period).
(b)
(1) Other effluent limitations and standards
under sections 301,302, 303, 307, 318 and 405 of CWA. If any applicable toxic
effluent standard or prohibition (including any schedule of compliance
specified in such effluent standard or prohibition) is promulgated under
section 307(a) of CWA for a toxic pollutant and that standard or prohibition is
more stringent than any limitation on the pollutant in the permit, the
Department shall institute proceedings under these regulations to modify or
revoke and reissue the permit to conform to the toxic effluent standard or
prohibition. See also Section 2(a).
(c) Reopener clause: for any discharger
within a primary industry category (see appendix A), requirements under section
307(a)(2) of the CWA as follows:
(1) On or
before June 30, 1981:
(i) If applicable
standards or limitations have not yet been promulgated, the permit shall
include a condition stating that, if an applicable standard or limitation is
promulgated under sections 301(b)(2) (C) and (D), 304(b)(2), and 307(a)(2) of
the CWA and that effluent standard or limitation is more stringent than any
effluent limitation in the permit or controls a pollutant not limited in the
permit, the permit shall be promptly modified or revoked and reissued to
conform to that effluent standard or limitation.
(ii) If applicable standards or limitations
have been promulgated or approved, the permit shall include those standards or
limitations. (if EPA approves existing effluent limitations or decides not to
develop new effluent limitations, it will publish a notice in the Federal
Register that the limitations are ``approved'' for the purpose of this
regulation.)
(2) On or
after the statutory deadline set forth in section 301(b)(2) (A), (C), and (E)
of the CWA, any permit issued shall include effluent limitations to meet the
requirements of section 301(b)(2) (A),(C), (D), (E), (F) of the CWA, whether or
not applicable effluent limitations guidelines have been promulgated or
approved. These permits need not incorporate the clause required by paragraph
(c)(1) of this section.
(3) The
Department shall promptly modify or revoke and reissue any permit containing
the clause required under paragraph (c)(1) of this section to incorporate an
applicable effluent standard or limitation under sections 301(b)(2) (C) and
(D), 304(b)(2) and 307(a)(2) of the CWA which is promulgated or approved after
the permit is issued if that effluent standard or limitation is more stringent
than any effluent limitation in the permit, or controls a pollutant not limited
in the permit.
(d) Water
quality standards and State requirements: any requirements in addition to or
more stringent than promulgated effluent limitations guidelines or standards
under sections 301, 304, 306, 307, 318 and 405 of the CWA necessary to:
(1) Achieve water quality standards
established under section 303 of the CWA, including State narrative criteria
for water quality.
(i) Limitations must
control all pollutants or pollutant parameters (either conventional, non
conventional, or toxic pollutants) which the Department determines are or may
be discharged at a level which will cause, have the reasonable potential to
cause, or contribute to an excursion above any State water quality standard,
including State narrative criteria for water quality.
(ii) When determining whether a discharge
causes, has the reasonable potential to cause, or contributes to an in-stream
excursion above a narrative or numeric criteria within a State water quality
standard, the permitting authority shall use procedures which account for
existing controls on point and non point sources of pollution, the variability
of the pollutant or pollutant parameter in the effluent, the sensitivity of the
species to toxicity testing (when evaluating whole effluent toxicity), and
where appropriate, the dilution of the effluent in the receiving
water.
(iii) When the permitting
authority determines, using the procedures in paragraph (d)(1)(ii) of this
section, that a discharge causes, has the reasonable potential to cause, or
contributes to an in-stream excursion above the allowable ambient concentration
of a State numeric criteria within a State water quality standard for an
individual pollutant, the permit must contain effluent limits for that
pollutant.
(iv) When the permitting
authority determines, using the procedures in paragraph (d)(1)(ii) of this
section, that a discharge causes, has the reasonable potential to cause, or
contributes to an in-stream excursion above the numeric criterion for whole
effluent toxicity, the permit must contain effluent limits for whole effluent
toxicity.
(v) Except as provided in
this subparagraph, when the permitting authority determines, using the
procedures in paragraph (d)(1)(ii) of this section, toxicity testing data, or
other information, that a discharge causes, has the reasonable potential to
cause, or contributes to an in-stream excursion above a narrative criterion
within an applicable State water quality standard, the permit must contain
effluent limits for whole effluent toxicity. Limits on whole effluent toxicity
are not necessary where the permitting authority demonstrates in the fact sheet
of the NPDES permit, using the procedures in paragraph (d)(1)(ii) of this
section, that chemical- specific limits for the effluent are sufficient to
attain and maintain applicable numeric and narrative State water quality
standards.
(vi) Where a State has
not established a water quality criterion for a specific chemical pollutant
that is present in an effluent at a concentration that causes, has the
reasonable potential to cause, or contributes to an excursion above a narrative
criterion within an applicable State water quality standard, the permitting
authority must establish effluent limits using one or more of the following
options:
(A) Establish effluent limits using
a calculated numeric water quality criterion for the pollutant which the
permitting authority demonstrates will attain and maintain applicable narrative
water quality criteria and will fully protect the designated use. Such a
criterion maybe derived using a proposed State criterion, or an explicit State
policy or regulation interpreting its narrative water quality criterion,
supplemented with other relevant information which may include: EPA's Water
Quality Standards Handbook, October 1983, risk assessment data, exposure data,
information about the pollutant from the Food and Drug Administration, and
current EPA criteria documents; or
(B) Establish effluent limits on a
case-by-case basis, using EPA's Water quality criteria, published under section
304(a) of the CWA, supplemented where necessary by other relevant information;
or
(C) Establish effluent
limitations on an indicator parameter for the pollutant of concern, provided:
(1) The permit identifies which pollutants
are intended to be controlled by the use of the effluent limitation;
(2) The fact sheet required by Chapter 522
Section 7 sets forth the basis for the limit, including a finding that
compliance with the effluent limit on the indicator parameter will result in
controls on the pollutant of concern which are sufficient to attain and
maintain applicable water quality standards;
(3) The permit requires all effluent and
ambient monitoring necessary to show that during the term of the permit the
limit on the indicator parameter continues to attain and maintain applicable
water quality standards; and
(4)
The permit contains a reopener clause allowing the permitting authority to
modify or revoke and reissue the permit if the limits on the indicator
parameter no longer attain and maintain applicable water quality
standards.
(vii) When developing water quality-based
effluent limits under this paragraph the permitting authority shall ensure
that:
(A) The level of water quality to be
achieved by limits on point sources established under this paragraph is derived
from, and complies with all applicable water quality standards; and
(B) Effluent limits developed to protect a
narrative water quality criterion, a numeric water quality criterion, or both,
are consistent with the assumptions and requirements of any available wasteload
allocation for the discharge prepared by the State and approved by EPA pursuant
to
40
CFR 130.7.
(2) Attain or maintain a specified water
quality through water quality related effluent limits established under section
302 of CWA;
(3)
[reserved];
(4) Conform to
applicable water quality requirements under section 401(a)(2) of CWA when the
discharge affects a State other than the certifying State;
(5) Incorporate any more stringent
limitations, treatment standards, or schedule of compliance requirements
established under Federal or State law or regulations in accordance with
section 301(b)(1)(C) of CWA;
(6)
Ensure consistency with the requirements of a Water Quality Management plan
approved by EPA under section 208(b) of CWA;
(7) [reserved];
(8) Incorporate alternative effluent
limitations or standards where warranted by ``fundamentally different
factors,'' under Chapter 524.
(e) Technology-based controls for toxic
pollutants. Limitations established under paragraphs (a), (b), or (d) of this
section, to control pollutants meeting the criteria listed in paragraph (e)(1)
of this section. Limitations will be established in accordance with paragraph
(e)(2) of this section. An explanation of the development of these limitations
shall be included in the fact sheet under Chapter 522 Section 7(b)(1)(i).
(1) Limitations must control all toxic
pollutants which the Department determines (based on information reported in a
permit application under Chapter 521 or in a notification under Section 3(a)(1)
or on other information) are or may be discharged at a level greater than the
level which can be achieved by the technology-based treatment requirements
appropriate to the permittee under Chapter 524; or
(2) The requirement that the limitations
control the pollutants meeting the criteria of paragraph (e)(1) of this section
will be satisfied by:
(i) Limitations on
those pollutants; or
(ii)
Limitations on other pollutants which, in the judgment of the Department, will
provide treatment of the pollutants under paragraph (e)(1) of this section to
the levels required by Chapter 524.
(f) Notification level. A ``notification
level'' which exceeds the notification level of Section 3(a)(1)(i), (ii) or
(iii), upon a petition from the permittee or on the Department's initiative.
This new notification level may not exceed the level which can be achieved by
the technology-based treatment requirements appropriate to the permittee under
Chapter 524 Section 2(II)(c).
(g)
Twenty-four hour reporting. Pollutants for which the permittee must report
violations of maximum daily discharge limitations under Section 2(1)(6)(ii)(C)
(24-hour reporting) shall be listed in the permit. This list shall include any
toxic pollutant or hazardous substance, or any pollutant specifically
identified as the method to control a toxic pollutant or hazardous
substance.
(h) Durations for
permits, as set forth in 38 MRSA, Sections414(2) and 414-A(1-B).
(i) Monitoring requirements. In addition to
Section 8, the following monitoring requirements:
(1) To assure compliance with permit
limitations, requirements to monitor:
(i) The
mass (or other measurement specified in the permit) for each pollutant limited
in the permit;
(ii) The volume of
effluent discharged from each outfall;
(iii) Other measurements as appropriate
including pollutants in internal waste streams under Section 6(i); pollutants
in intake water for net limitations under Section 6(f); frequency, rate of
discharge, etc., for non continuous discharges under Section 6(e); pollutants
subject to notification requirements under Section 3(a)..
(iv) According to test procedures approved
under 40 CFR part 136 for the analyses of pollutants having approved methods
under that part, and according to a test procedure specified in the permit for
pollutants with no approved methods.
(2) Except as provided in paragraphs (i)(4)
and (i)(5) of this section, requirements to report monitoring results shall be
established on a case-by-case basis with a frequency dependent on the nature
and effect of the discharge, but in no case less than once a year.
(3) Requirements to report monitoring results
for storm water discharges associated with industrial activity which are
subject to an effluent limitation guideline shall be established on a
case-by-case basis with a frequency dependent on the nature and effect of the
discharge, but in no case less than once a year.
(4) Requirements to report monitoring results
for storm water discharges associated with industrial activity (other than
those addressed in paragraph (i)(3) of this section) shall be established on a
case-by-case basis with a frequency dependent on the nature and effect of the
discharge. At a minimum, a permit for such a discharge must require:
(i) The discharger to conduct an annual
inspection of the facility site to identify areas contributing to a storm water
discharge associated with industrial activity and evaluate whether measures to
reduce pollutant loadings identified in a storm water pollution prevention plan
are adequate and properly implemented in accordance with the terms of the
permit or whether additional control measures are needed;
(ii) The discharger to maintain for a period
of three years a record summarizing the results of the inspection and a
certification that the facility is in compliance with the plan and the permit,
and identifying any incidents of non-compliance;
(iii) Such report and certification be signed
in accordance with Chapter 521 Section 5; and
(iv) Permits for storm water discharges
associated with industrial activity from inactive mining operations may, where
annual inspections are impracticable, require certification once every three
years by a Registered Professional Engineer that the facility is in compliance
with the permit, or alternative requirements.
(5) Permits which do not require the
submittal of monitoring result reports at least annually shall require that the
permittee report all instances of noncompliance not reported under Sections
2(l) (1), (4), (5) and (6) at least annually.
(j) Pretreatment program for POTWs.
Requirements for POTWs to:
(1) Identify, in
terms of character and volume of pollutants, any significant indirect
dischargers into the POTW subject to pretreatment standards under section
307(b) of CWA and Chapter 528.
(2)
Submit a local program when required by and in accordance with Chapter 528 to
assure compliance with pretreatment standards to the extent applicable under
CWA section 307(b). The local program shall be incorporated into the permit as
described in Chapter 528. The program shall require all indirect dischargers to
the POTW to comply with the reporting requirements of Chapter 528.
(k) Best management practices to
control or abate the discharge of pollutants when:
(1) Authorized under section 304(e) of CWA
for the control of toxic pollutants and hazardous substances from ancillary
industrial activities;
(2) Numeric
effluent limitations are infeasible, or
(3) The practices are reasonably necessary to
achieve effluent limitations and standards or to carry out the purposes and
intent of CWA and State law.
(l) Reissued permits.
(1) Except as provided in paragraph (l)(2) of
this section when a permit is renewed or reissued, interim effluent
limitations, standards or conditions must be at least as stringent as the final
effluent limitations, standards, or conditions in the previous permit (unless
the circumstances on which the previous permit was based have materially and
substantially changed since the time the permit was issued and would constitute
cause for permit modification or revocation and reissuance under 38 MRSA,
Sections414-A(5) and 341-D.
(2) In
the case of effluent limitations established on the basis of Section
402(a)(1)(B) of the CWA, a permit may not be renewed, reissued, or modified on
the basis of effluent guidelines promulgated under section 304(b) of the CWA
subsequent to the original issuance of such permit, to contain effluent
limitations which are less stringent than the comparable effluent limitations
in the previous permit.
(i) Exceptions--A
permit with respect to which paragraph (l)(2) of this section applies may be
renewed, reissued, or modified to contain a less stringent effluent limitation
applicable to a pollutant, if--
(A) Material
and substantial alterations or additions to the permitted facility occurred
after permit issuance which justify the application of a less stringent
effluent limitation;
(B)
(1) Information is available which was not
available at the time of permit issuance (other than revised regulations,
guidance, or test methods) and which would have justified the application of a
less stringent effluent limitation at the time of permit issuance; or
(2) The Administrator determines that
technical mistakes or mistaken interpretations of law were made in issuing the
permit under section 402(a)(1)(b) of the CWA;
(C) A less stringent effluent limitation is
necessary because of events over which the permittee has no control and for
which there is no reasonably available remedy;
(D) The permittee has received a permit
modification under section 301(c), 301(g), 301(h), 301(i), 301(k), 301(n), or
316(a) of the CWA; or
(E) The
permittee has installed the treatment facilities required to meet the effluent
limitations in the previous permit and has properly operated and maintained the
facilities but has nevertheless been unable to achieve the previous effluent
limitations, in which case the limitations in the reviewed, reissued, or
modified permit may reflect the level of pollutant control actually achieved
(but shall not be less stringent than required by effluent guidelines in effect
at the time of permit renewal, reissuance, or modification).
(ii) Limitations. In no event may
a permit with respect to which paragraph (l)(2) of this section applies be
renewed, reissued, or modified to contain an effluent limitation which is less
stringent than required by effluent guidelines in effect at the time the permit
is renewed, reissued, or modified. In no event may such a permit to discharge
into waters be renewed, issued, or modified to contain a less stringent
effluent limitation if the implementation of such limitation would result in a
violation of a water quality standard under section 303 of the CWA applicable
to such waters.
(m) Privately owned treatment works. For a
privately owned treatment works, any conditions expressly applicable to any
user, as a limited co-permittee, that may be necessary in the permit issued to
the treatment works to ensure compliance with applicable requirements under
this Chapter. Alternatively, the Department may issue separate permits to the
treatment works and to its users, or may require a separate permit application
from any user. The Department's decision to issue a permit with no conditions
applicable to any user, to impose conditions on one or more users, to issue
separate permits, or to require separate applications, and the basis for that
decision, shall be stated in the fact sheet for the draft permit for the
treatment works.
(n) Grants. Any
conditions imposed in grants made by the Administrator to POTWs under sections
201 and 204 of CWA which are reasonably necessary for the achievement of
effluent limitations under section 301 of CWA.
(p) Coast Guard. When a permit is issued to a
facility that may operate at certain times as a means of transportation over
water, a condition that the discharge shall comply with any applicable
regulations promulgated by the Secretary of the department in which the Coast
Guard is operating, that establish specifications for safe transportation,
handling, carriage, and storage of pollutants.
(q) Navigation. Any conditions that the
Secretary of the Army considers necessary to ensure that navigation and
anchorage will not be substantially impaired, in accordance with
40 CFR
124.58.
