Current through Register Vol. 48, No. 9, September 27, 2024
The following conditions, in addition to those set forth in
section 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 section 122.41(1)(1), all existing manufacturing,
commercial, mining, and silvicultural dischargers must notify the Department 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
ug/l);
(ii) Two hundred micrograms
per liter (200 ug/l) for acrolein and acrylonitrile; five hundred micrograms
per liter (500 ug/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
section 122.21(g)(7)(g)(7); or
(iv)
The level established by the Department in accordance with
section122.44(f)(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 in the highest of the
following "notification levels":
(i) Five
hundred micrograms per liter (500 ug/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 section 122.21(g)(7)(g)(7).
(iv) The level established by the Department
in accordance with section 122.44(f)(f).
(b) Publicly owned treatment works. All POTWs
must provide adequate notice to the Department of the following:
(1) Any new introduction of pollutants into
the POTW from an indirect discharger which would be subject to section s301 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 Department under section 122.26(a)(1)(v) of this regulation must submit an
annual report by the anniversary of the date of the issuance of the permit for
such system. As of December 21, 2020, all reports submitted in compliance with
this section must be submitted electronically by the owner, operator, or the
duly authorized representative of the MS4 to the Department, as defined in
40
CFR 127.2(b), in compliance
with this section and 40 CFR Part 3 (including, in all cases, subpart D to Part
3), section ?122.22, and 40 CFR Part 127. Part 127 is not intended to undo
existing requirements for electronic reporting. Prior to this date, and
independent of Part 127, the owner, operator, or the duly authorized
representative of the MS4 may be required to report electronically if specified
by a particular permit or if required to do so by State law. 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 conditions.
Such proposed changes shall be consistent with section
122.26(d)(2)(iii)(d)(2)(iii); and
(3) Revisions, if necessary, to the
assessment of controls and the fiscal analysis reported in the permit
application under section 122.26(d)(2)(iv) and (d)(2)(v)(d)(2)(iv) and
(d)(2)(v);
(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
section 122.26(e)(7)(e)(7) of this regulation 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
(CAFO). 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 CAFO must have their nutrient
management plans developed and implemented by December 31, 2006. CAFO that seek
to obtain coverage under a permit after December 31, 2006 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
State;
(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 Department upon
request, the following records:
(A) All
applicable records identified pursuant to paragraph (e)(1)(ix) of this section
;
(B) In addition, all CAFO subject
to 40 CFR 412 must comply with record keeping requirements specified in section
s412.37(b) and (c)(b) and (c) and section s412.47(b) and (c)(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 Department 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 CAFO 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 412. Large CAFO 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 CAFO.
The permittee must submit an annual report to the Department. As of December
21, 2020, all annual reports submitted in compliance with this section must be
submitted electronically by the permittee to the Department, as defined in
40
CFR 127.2(b), in compliance
with this section and 40 CFR Part 3 (including, in all cases, subpart D to Part
3), section ?122.22, and 40 CFR Part 127. Part 127 is not intended to undo
existing requirements for electronic reporting. Prior to this date, and
independent of Part 127, the permittee may be required to report electronically
if specified by a particular permit or if required to do so by State law. The
annual report must include:
(i) The number
and type of animals (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), whether in open
confinement or housed under roof;
(ii) Estimated total amount of manure,
litter, and process wastewater generated by the CAFO in the previous 12 months
(tons/gallons);
(iii) Estimated
total amount of manure, litter, and process wastewater transferred to other
person(s) 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 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 twelve (12) months, including for each discharge, the date of
discovery, duration of discharge, 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.
(f) Easements. Easements for Storm
Water NPDES Permits or Leaking Underground Storage Tank Groundwater Remediation
NPDES Permits. Easements for ditch discharges from either a storm water point
source or a leaking underground storage tank groundwater remediation project
will not be required to be submitted to the Department as a prerequisite for
obtaining an individual NPDES permit or for coverage under a general permit.
The permittee must ensure that all easements necessary for the discharge are
obtained prior to the discharge occurring.
