[26 Pa.B. 4913]
[Continued from previous Web Page]
PA 0013064. Industrial waste, SIC: 2816, Harcros Pigments, Inc., 1525 Wood Avenue, Easton, PA 18042. This proposed action is for renewal of an NPDES permit to discharge treated process wastewater into Bushkill Creek. This application also includes untreated noncontact cooling water and stormwater runoff discharge to Spring Brook in the City of Easton, Northampton County.
The receiving stream is classified for the following uses: high quality cold water fishery, aquatic life, water supply and recreation.
The proposed effluent limits for Outfall 002 based on a design flow of 1.30 mgd are:
Monthly Daily Instantaneous Parameter Average (mg/l) Maximum (mg/l) Maximum (mg/l) Total Suspended Solids 30 60 75 Total Dissolved Solids 10,000 15,000 Ammonia-Nitrogen 20 40 50 Oil and Grease 10 30 30 Lead, Total 0.013 0.026 0.033 Zinc, Total 0.1 0.2 0.25 Iron, Total 1.0 2.0 2.5 pH within limits of 6.0--9.0 standard units at all times Temperature* 110°F *In addition to Page 1, the following temperature limits will apply for Outfall 002:
Maximum Parameter Period Daily °F Temperature January 1-31 61 February 1-29 65 March 1-31 93 April 1-30 110 May 1-15 91 May 16-31 96 June 1-15 85 June 16-30 87 July 1-31 79 August 1-15 78 August 16-31 89 September 1-15 73 September 16-30 67 October 1-15 65 October 16-31 60 November 1-30 61 December 1-31 56 The proposed effluent limits for Outfall 001 (noncontact cooling water), based upon an average flow of 1.54 mgd are as follows:
Monthly Maximum Daily Instantaneous Parameter Average (mg/l) Maximum (mg/l) Maximum (mg/l) Temperature** 110°F pH within limits of 6.0--9.0 standard units at all times **The discharge may not change the temperature of the receiving stream by more than 2°F in any 1-hour period.
Outfalls 003 through 013 (except 006) are permitted to discharge stormwater only.
Other Conditions:
Thermal requirements, special test method for certain pollutant, chemical additives restrictions, annual inspection requirements.
Southeast Regional Office: Regional Manager, Water Management, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428, telephone (610) 832-6130.PA 0010847. Industrial waste, Henkel Corporation, 300 Brookside Avenue, Ambler, PA 19002.
This application is for renewal of an NPDES permit to discharge cooling water and stormwater from Henkel Corporation in Lower Gwynedd Township, Montgomery County. This is an existing discharge to 001 and 002 Wissahickon Creek and 003 Houston Creek.
The receiving stream is classified for warm water fish, trout stocking, potable water supply, industrial water supply, livestock water supply, wildlife water supply, irrigation, boating, fishing, water contact sports and esthetics.
The proposed effluent limits for Outfall 001, 002 and 003, based on an average combined wastewater flow of 75,000 gpd are as follows:
Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Temperature 110°F pH within limits of 6.0--9.0 standard units at all times Other Conditions:
Stormwater Monitoring Requirements
The EPA waiver is in effect.
PA 0055948. Industrial waste, Sun Refining and Marketing Company, 1835 Market Street, Philadelphia, PA 19103.
This application is for amendment of an NPDES permit to discharge treated groundwater from a groundwater remediation system in Horsham Township, Montgomery County. This is an existing discharge to a storm sewer to Pennypack Creek.
The receiving stream is classified for warm water fish, trout stocking, migratory fish, potable water supply, industrial water supply, livestock water supply, wildlife water supply, irrigation, boating, fishing, water contact sports and esthetics.
The proposed amendment effluent limit for Outfall 001, based on an average flow of .0087 mgd is as follows:
Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Manganese monitor/report monitor/report monitor/report The EPA waiver is in effect.
Proposed NPDES Permit Renewal Actions for Minor Sewage Discharges
The following parties have applied to renew their current NPDES permits to allow the continued discharge of controlled wastewater into the surface waters of this Commonwealth. The Department of Environmental Protection (DEP) has made a tentative determination to renew these permits and proposes to issue them, subject to their current permit effluent limitations, and monitoring and reporting requirements, with appropriate and necessary updated requirements to reflect new or changed regulations and other requirements. The updates may include, but will not be limited to, applicable permit conditions and/or requirements addressing combined sewer overflows (CSOs), municipal sewage sludge management, and total residual chlorine control (TRC). Any major changes to or deviations from the terms of the existing permit will be documented and published with the final Department actions.
The EPA, Region III, Regional Administrator has waived the right to review or object to these proposed permit actions under the waiver provision 40 CFR 123.6E.
Persons wishing to comment on the proposed permits are invited to submit a statement to the Field Operations indicated as the office responsible, within 30 days from the date of this public notice. Comments received within this 30-day period will be considered in the formulation of the final determinations regarding these applications and proposed permit actions. Comments should include the name, address and telephone number of the writer and a brief statement to inform the Field Office of the basis of the comment and the relevant facts upon which it is based. A public hearing may be held if the Field Office considers the public response significant.
Following the 30-day comment period, the Water Management Program Managers will make a final determination regarding the proposed permit action. Notice of this determination will be published in the Pennsylvania Bulletin, at which time this determination may be appealed to the Environmental Hearing Board.
The permit renewal application and related documents, proposed effluent limitations and special conditions, comments received and other information are on DEP's file. The documents may be inspected at, or a copy requested from, the Field Office that has been indicated above the application notice.
Southcentral Regional Office: Water Management Program, One Ararat Boulevard, Harrisburg, PA 17110, telephone (717) 657-4590.
NPDES Facility County and Tributary New Permit No. Name and Address Municipality Stream Requirements PA-0081574 Salisbury Township
P. O. Box 562
Intercourse, PA 17534Lancaster
SalisburyUnnamed Tributary
to Pequea CreekN/A PA-0082325 SMD Enterprises, Inc.
252 Bow Creek Road
Grantville, PA 17028Dauphin
E. Hanover Twp.Unnamed Tributary
Bow CreekN/A
The following parties have applied for an NPDES permit to discharge stormwater from a proposed construction activity into the surface waters of the Commonwealth. Unless otherwise indicated on the basis of preliminary review and application of lawful standards and regulations, the Department of Environmental Protection proposes to issue a permit to discharge, subject to certain limitations set forth in the permit and special conditions. These proposed determinations are tentative. Limitations are provided in the permit as erosion and sedimentation control measures and facilities which restrict the rate and quantity of sediment discharged.
Where indicated, the EPA, Region III, Regional Administrator has waived the right to review or object to this proposed permit action under the waiver provision 40 CFR 123.24(d).
Persons wishing to comment on the proposed permit are invited to submit a statement to the Regional Office or County Conservation District Office indicated as the responsible office, within 30 days from the date of this public notice. A copy of the written comments should be sent to the County Conservation District Office. Comments reviewed within this 30-day period will be considered in the formulation of the final determinations regarding this application. Responses should include the name, address and telephone number of the writer and a concise statement to inform the Regional Office of the exact basis of a comment and the relevant facts upon which it is based. A public hearing may be held if the Regional Office considers the public response significant.
Following the 30-day comment period, the Water Program Manager will make a final determination regarding the proposed permit. Notice of this determination will be published in the Pennsylvania Bulletin at which time this determination may be appealable to the Environmental Hearing Board.
The application and related documents, including the erosion and sedimentation control plan for the construction activity, are on file and may be inspected at the County Conservation District Office or the Department Regional Office indicated above the application.
Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodation to participate in the proceedings should contact the specified program. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at 1 (800) 654-5984.
Southeast Regional Office, Regional Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428-2233, telephone (610) 832-6130.
Southwest Regional Office, Regional Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, telephone (412) 442-4000.
Northcentral Regional Office, Regional Water Management Program Manager, 208 W. Third Street, Williamsport, PA 17701, telephone (717) 327-3669.
Southcentral Regional Office, Regional Water Management Program Manager, One Ararat Boulevard, Harrisburg, PA 17110, telephone (717) 657-4590.
Blair County Conservation District, District Manager, 1407 Blair Street, Hollidaysburg, PA 16648, telephone (814) 696-0877.
NPDES Permit PAS100615. Stormwater. Holliday Hills LP, P. O. Box 419, Hollidaysburg, PA 18648 has applied to discharge stormwater from a construction activity located in Blair Township, Blair County, to UNT to Beaverdam Branch.
Clearfield County Conservation District, District Manager, 650 Leonard Street, Clearfield, PA 16830, telephone (814) 765-2629.
NPDES Permit PAS101709. Stormwater. Department of Environmental Protection, Bureau of Abandoned Mine Reclamation, P. O. Box 8476, Harrisburg, PA 17105-8476 has applied to discharge stormwater from a construction activity located in Boggs Township, Clearfield County, to Clearfield Creek.
NPDES Permit PAS101710. Stormwater. Joe Varacallo, Developac, 996 Beaver Drive, DuBois, PA 15801 has applied to discharge stormwater from a construction activity located in Sandy Township, Clearfield County, to Sandy Lick Creek.
NPDES Permit PAS101711. Stormwater. Clearfield Education Foundation, 125 E. Market Street, Clearfield, PA 16830 has applied to discharge stormwater from a construction activity located in Lawrence Township, Clearfield County, to Clearfield Creek, Roaring Run and the west branch of the Susquehanna River.
Cumberland County Conservation District, District Manager, 43 Brookwood Ave., Ste. 4, Carlisle, PA 17013, telephone (717) 249-8632.
NPDES Permit PAS10H064. Stormwater. James Grandon, c/o Jack Gaughen Real Estate, 3800 Market Street, Camp Hill, PA 17011 has applied to discharge stormwater from a construction activity located in Hampden Township, Cumberland County, to Sears Run.
Delaware County Conservation District, District Manager, 1521 N. Providence Rd., Media, PA 19063, telephone (610) 892-9484.
NPDES Permit PAS10J035. Stormwater. County of Delaware, Government Center Building, Media, PA 19063 has applied to discharge stormwater from a con-struction activity located in Concord Township, Delaware County, to the west branch of Chester Creek.
Westmoreland County Conservation District, District Manager, Donohoe Ctr., R. R. 12, Box 202B, Greensburg, PA 15601, telephone (412) 837-5271.
NPDES Permit PAS10X067. Stormwater. Derry Township Municipal Authority, P. O. Box 250, New Derry, PA 15671-0250 has applied to discharge stormwater from a construction activity located in Derry Township, Westmoreland County, to Miller Run.
Issuance of Final NPDES General Permit (PAG-5) for Discharges from Gasoline Contaminated Groundwater Remediation Systems
The Department of Environmental Protection (DEP) by this notice issues a final general National Pollutant Discharge Elimination System (NPDES) permit for discharges from gasoline-contaminated groundwater remediation systems to surface waters of the Commonwealth.
Appropriateness of a General NPDES Permit for Gasoline-Contaminated Ground Water Remediation System Discharges:
The Department's regulations at 25 Pa. Code § 92.81(a) provide for the issuance of a general NPDES permit when:
a. The same, or substantially similar, types of operations are involved;
b. The same types of waste are being discharged;
c. The same effluent limitations and/or operating conditions are required;
d. The same of similar monitoring is required;
e. The discharge does not contain toxic or hazardous pollutants or any other substance which, because of its quantity, concentration, or physical chemical or infectious characteristics, may cause or contribute to an increase in mortality or morbidity in either an individual or the total population, or pose a substantial present or future hazard to human health or the environment when discharged into navigable water;
f. The discharges are more appropriately controlled under a general permit than under individual permits;
g. Individually and cumulatively, the discharges do not have the potential to cause significant adverse environmental impacts; and
h. The discharge is not to ''special protection'' waters as defined in 25 Pa. Code Chapter 93 of the Department's Rules and Regulations.
The Department has determined that these discharges are a class of discharge with the same or similar operating conditions, wastes, effluent limitations and monitoring requirements, which are appropriately controlled under a general permit.
Description of the General Permit:
Eligibility Requirements
To be eligible to participate in the general permit, an applicant must demonstrate all of the following:
(1) The applicant has or will install treatment facilities which will produce an effluent meeting the discharge requirements contained in Part A of this permit.
(2) The applicant has submitted a Notice of Intent (NOI) in accordance with the requirements of this permit, using an NOI form provided by the Department.
A discharger seeking coverage under this General Permit cannot lawfully discharge under the permit until an administratively complete and acceptable NOI has been submitted and the discharger has received a signed copy of the permit notifying the applicant of coverage under the general permit and specifying a permit number. Permittees with existing discharges regulated by an individual NPDES permit may seek coverage under the general permit by submitting an administratively complete and acceptable NOI and documentation that the treatment system meets the design and performance standards of the general permit. If the NOI is acceptable and meets the criteria set forth in this permit, the Department will revoke the individual permit and notify the discharger that it is covered under the general permit.
The following discharges are not eligible for coverage under this permit:
a. Discharges which contain hazardous pollutants, toxics or any other substance which--because of its quantity, concentration, or physical, chemical or infectious characteristics--may cause or contribute to an increase in mortality or morbidity in either an individual or the total population, or pose a substantial present or future hazard to human health or the environment when discharged into navigable waters;
b. Discharges which individually or cumulatively have the potential to cause significant adverse environmental impact, including those discharges which would create a public health hazard or nuisance;
c. Discharges to waters classified as ''High Quality Waters'' or ''Exceptional Value Waters'' under Chapter 93 of the Department's Rules and Regulations;
d. Discharges which are not or will not be in compliance with any of the terms or conditions of the general permit;
e. Discharges by persons with a significant history of noncompliance with prior permits issued by the Department;
f. Discharges which do not or will not result in compliance with applicable effluent limitations or water quality standards;
g. Discharges which the Department determines require an individual NPDES permit to ensure compliance with the Clean Water Act, The Clean Streams Law, rules and regulations promulgated thereto; or where a change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source;
h. Discharges of any substance other than from treated gasoline-contaminated groundwater remediation systems, including stormwater, industrial wastes, or any commercial or manufacturing wastes; or domestic sewage;
i. Discharges associated with an activity that is subject to an existing NPDES individual or general permit; except as provided in the general permit, or are from an activity for which an NPDES permit has been terminated or denied;
j. Discharges that would adversely affect a listed endangered or threatened species or its critical habitat;
k. Discharges which would interfere with a downstream riparian landowner's reasonable use of surface waters or property rights or otherwise cause a private or public nuisance;
l. Discharges from facilities that do not meet the definition of ''Gasoline Contaminated Groundwater Remediation System.''
Effluent Limitations and Monitoring Requirements
This General Permit contains the following effluent limitations and monitoring requirements:
EFFLUENT LIMITATIONS, SELF MONITORING AND REPORTING REQUIREMENTS 1. Effluent Limitations
Based on the wastewater characteristics and flow data described in the application for coverage, the following effluent limitations and monitoring requirements apply:
a. General Requirements (All values expressed in mg/l unless otherwise noted; M/R = Monitor and Report)
Discharge Average Maximum Instantaneous Sample Monitoring Parameter Monthly Daily Maximum Type Frequency Flow M/R M/R Measured Flow 2/month Benzene 0.001 0.002 0.0025 Grab 2/month Total BETX 0.100 0.200 0.250 Grab 2/month Ethylbenzene M/R M/R M/R Grab 2/month Toluene M/R M/R M/R Grab 2/month Xylenes, Total M/R M/R M/R Grab 2/month MTBE M/R M/R M/R Grab As Requested pH
(Std.Units)Between 6.0 and 9.0
(Applies at all times)Grab 2/month Oil and Grease 15.0 30.0 Grab As Requested Iron, Dissolved 7.0 Grab As Requested Total Suspended Solids 30.0 60.0 75.0 Grab As Requested
b. Other Conditions for all Discharges
(1) Samples shall be taken at least 10 days apart for a minimum of two sampling events.
(2) There shall be no discharge of floating solids or visible foam in other than trace amounts.
(3) Samples taken in compliance with the monitoring requirements specified above shall be taken at the discharge pipe after treatment.
(4) BETX shall be measured as the sum of benzene, ethylbenzene, toluene and xylenes. Benzene shall be measured by an EPA approved method with a sensitivity of 0.001 mg/l or lower. Ethylbenzene, toluene and xylenes shall be measured by an EPA approved method. Measurement for xylenes shall include ortho-, meta- and paraxylene.
Reporting Requirements
Permittees must submit a discharge monitoring report (DMR) for each month which summarizes the monitoring results for that month. The DMR must be submitted to the appropriate DEP regional office.
OTHER REQUIREMENTS 1. Solids Disposal
Sludges and other solids shall be handled and disposed of in compliance with 25 Pa. Code Chapters 262, 263 and 264 (related to permits and requirements for landfilling and storage of hazardous sludge) and other applicable State and Federal laws and regulations, the Federal Clean Water Act, RCRA and their amendments.
2. Other Wastewaters
There shall be no discharge of backwash or stripper tower cleaning wastewaters to waters of the Commonwealth. These wastewaters shall be discharged to a sanitary sewer system if allowed by the owner or may be hauled off site for proper disposal, unless otherwise authorized by the Department.
3. Results Less Than Detection Levels
Samples for the parameters listed in Part A of this permit shall be analyzed using EPA approved test methods or Department approved equivalent methods. The test methods used shall be sensitive enough to detect the parameter at or below the discharge limitation specified in Part A.1.a. If the discharge limit is so low that it can not be detected, the most sensitive or approved method shall be used.
All sample results must be expressed as either the measured (quantified) value or as ''less than'' the detection level used in the test (for example, < x.x). Results shall not be reported as simply ''Not Detected'' or ''ND.'' For computing average for DMR reporting and for determining permit compliance, all detection sample results which are ''less than the detectable level'' may be treated as zero values.
4. Malfunctioning Treatment System or Change in Conditions
If the treatment system is not operated in compliance with the conditions of the permit, or if the character of the waste changes, or if there is an increased load to the treatment system, or if the effluent fails to meet effluent limits or otherwise creates a public nuisance, such that the permittee is or will no longer be in compliance with any permit conditions, then, upon notice from the Department, the right to discharge under the general permit will cease. The Department may allow persons with such discharges a specified time period to implement remedial measures which result in a satisfactory effluent discharge into the receiving body of water.
5. Reopener Clause
If there is evidence indicating potential or realized impacts on water quality due to any Gasoline Contaminated Groundwater Remediation System discharge authorized under this general permit, the operator of such discharge may be required to obtain an individual permit, or the general permit may be modified to include different limitations and/or requirements.
6. Outfall Structures
Prior to construction of outfall structures, the permittee shall obtain any necessary Department approvals for construction in wetlands or floodplains.
Application (Notice of Intent) Requirements
Deadlines for a NOI and Associated Documents Submittal. Persons seeking coverage under this General Permit must submit an administratively complete and acceptable NOI, along with other documentation, at least 30 days prior to commencing any discharge under the permit. Persons currently authorized to discharge under an individual NPDES permit who are seeking coverage under this general permit may continue to discharge while their NOI and associated documents are being reviewed by the Department.
Contents of NOI. The NOI shall be signed in accordance with the signatory requirements of the permit and shall include the NOI information specified on the NOI Form and in the Instructions for completing the Form. The NOI Form and Instructions are attached to this general permit.
Where to Submit. NOIs are to be submitted to the appropriate regional office of the Department.
Fee. A $100 fee is required to apply for coverage under this general permit.
Review of NOIs. Each NOI for coverage will be reviewed for compliance with the terms of the general permit. If the review indicates that the proposed discharge is acceptable for coverage, the Department will notify the discharger of coverage under the general permit and issue the general permit cover sheet with a unique NPDES identification number. Notice of each NOI for coverage and each approval for coverage will be published by the Department in the Pennsylvania Bulletin.
Public Comments
The Department has received public comments from four commentators on the proposed draft general permit (PAG-5) which was published in the Pennsylvania Bulletin on July 22, 1995 (25 Pa. B. 2947).
The major areas of comment on the draft general permit, and the Department's responses, are set forth as follows:
One commentator raised a concern that item m. in the list of proposed discharges not eligible to participate in the general permit is duplicative and confusing. The Department agrees and has removed item m. This item duplicates the non-eligibility criterion set forth in item f. which specifies that discharges which do not or will not result in compliance with effluent limitations and water quality standards are not eligible to participate in the general permit.
A second commentator stated that the requirement in the draft that an applicant seeking to participate in PAG-5 must have a Part II Water Quality Management permit for the construction or erection of a wastewater treatment facility is no longer necessary in light of the General Assembly's passage of the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.908). The Department agrees, subject to the following provisos. First, under section 902(a) of the act (35 P. S. 6026.902(a)), State or local permits are not required for remediation activities undertaken entirely on site which are undertaken under the requirements of the act.11 Thus, a Part II permit is not required where remediation activities are undertaken entirely on site, under all applicable requirements of the act. If any of the applicable substantive or procedural requirements of the act are not satisfied, or if any part of the remediation activity is undertaken off site, a Part II permit may be required under section 308 of The Clean Streams Law (35 P. S. § 691.308). Second, even though remediation activities undertaken under the act do not need to obtain a Part II permit, the substantive requirements for a Part II permit, including the design and engineering requirements set forth in 25 Pa. Code Chapter 91, particularly sections 91.23 and 91.24, must still be satisfied when a remediation wastewater treatment facility is built. Section 902(b) of the act (35 P. S. § 6026.902(b)) allows the Department to waive requirements, such as the design and engineering requirements, upon a demonstration that any of the factors specified in section 902(b) merit such a waiver, and provided that the discharge will meet the effluent limits set forth in the general permit.
Accordingly, the final general permit has been changed to provide that remediations undertaken under the act need not obtain a Part II WQM permit for treatment facility construction, but must meet the design and engineering provisions of Chapter 91 unless a section 902(b) waiver has been obtained from the Department. All other remediation activities which are not undertaken under the act must comply with section 308 of the CSL and may need to obtain a Part II WQM permit for construction of treatment facilities. All treatment facilities must be designed to meet all applicable requirements set forth in Chapter 91.
A third commentator believes that the general permit should contain effluent limits for MTBE. Methyl tert-butyl ether (MTBE) is a volatile organic compound that is added to gasoline to increase octane and decrease carbon monoxide and ozone emissions to the air. MTBE is found predominantly in shallow ground water in urban areas; it is not known if it gets into ground water mainly from air deposition, gasoline refueling activities, spills, or from leaking gasoline storage tanks. MTBE is water soluble; once in ground water, MTBE resists decay when compared to other gasoline components like benzene. MTBE is classified by EPA as a possible human carcinogen. EPA has established a draft drinking water lifetime health advisory level (HAL) of 20-200 µg/l. A HAL is the maximum concentration of drinking water that is not expected to cause any adverse effects over a lifetime of exposure, with a margin for safety.
In response to the comment, the Department has inserted a ''monitor and report'' requirement for MTBE to obtain more information regarding its presence in discharges of gasoline contaminated ground water which have been treated to meet the effluent limits set forth in the general permit. Grab samples are required twice a month for general permit participants when requested by the Department. The Department will evaluate the data from the monitoring in the future to determine whether to amend the general permit to include an effluent limit for MTBE or to delete it from the Permit.
Several commentators questioned the Department's proposed effluent limits for benzene of 1 ug/l (average monthly); 2 ug/l (maximum daily); and 2.5 g/l (instantaneous maximum). Benzene is a known human carcinogen which is found in gasoline. One commentator suggests that an effluent limit of 50 ug/l would be more appropriate. Another commentator believes that the benzene effluent limit exceeds EPA limits, is technically flawed, and is not in accord with Pennsylvania and Federal law. The commentator who supports a benzene effluent limit of 50 ug/l states several reasons for its belief. First, it believes that a limit of 1 ug/l is at or below the acceptable detectability rate and has a low reproducibility rate and confidence level. Next, the commentator asserts that the general permit is not consistent with site specific NPDES discharge limits. Finally, the commentator avers that the limit of 50 ug/l for petroleum substance remediation discharges set by the Texas Natural Resource Conservation Commission should govern here.
In response, the Department believes that EPA test method #602, which can detect benzene down to 0.2 ug/l provides a sufficient level of confidence as well as a five-fold error magnitude. Moreover, NPDES permittees have the opportunity to develop alternate detection limits under the Statement Of Policy at 25 Pa. Code § 16.102. As to the second concern raised by the commentator, the Department notes that the general permit is consistent with site specific NPDES discharge limits for surface water discharges from gasoline contaminated groundwater remediation systems in the Commonwealth. As to the third concern, the Department believes that a limit of 1 ug/l for benzene is currently technologically achievable and is protective of human health and the environment within its jurisdiction; the Texas criterion appears to be vastly underprotective for Pennsylvania waters.
The commentator who believes that the effluent limit of 1 ug/l for benzene is invalid states several rationales: (1) the limit is more protective than the EPA limit; (2) the limit is technically flawed; (3) the limit is invalid under State and Federal law; and (4) a higher limit would eliminate the occurrence of false exceedances. In response, the Department first notes that it does not know what EPA limits the commentator is referring to; the Department is unaware of any Federally promulgated effluent limits for benzene. Second, the Department believes that the benzene limit of 1 ug/l is technically sound and can be attained by current technology. Third, all legal procedures set forth in 40 CFR 125.3 regarding the use of Best Professional Judgment (BPJ) in calculating technology based effluent limits where no ELG exists were followed in developing the general permit. The Department considered: (i) the age of equipment and facilities involved; (ii) the process employed; (iii) the engineering aspects of the application of various types of control techniques; (iv) process changes; (v) the cost of achieving such effluent reduction; and (vi) non-water quality environmental impact, in developing the effluent limit. Finally, while it is true that a higher limit would eliminate more false exceedances, the Department is satisfied that test method #602 will accurately portray the amount of benzene in the discharge.
Another comment states that the BETX limit of 100 ug/l in the general permit should be replaced with a limit of 500 ug/l. The reason given for the higher limit is that the State of Texas has such a limit in place for petroleum remediation discharges, and therefore the Commonwealth should follow suit. As with benzene, the Texas limitation for BETX appears underprotective for Pennsylvania waters and cannot be adopted by Pennsylvania in this general permit.
Two commentators suggest that monitoring flexibility be included in the general permit for participants with remediation systems that have operated for a long period of time and have a proven record of compliance with the general permit. In response, the Department believes that the monitoring requirements are already quite reasonable and that relaxing them would not provide an adequate measure of compliance with the permit limits. The Department will reevaluate the monitoring frequency upon receipt and evaluation of submitted data. If any changes are appropriate, they will be reflected if and when the Permit is modified or reissued at a later date.
One commentator opines that the Department should give consideration to modifying or simplifying the Part II WQM permit. In response, the Department notes that many remediation activities no longer require a Part II WQM permit, if done in accordance with the act of 1995. Moreover, those remediation activities that require a Part II permit may take advantage of the Department's policy to simplify and streamline Part II permitting (See 26 Pa. B. 377 (January 27, 1996)). Also, other changes which streamline and simplify the Part II review process can be undertaken outside of the context of this general permit without having to amend the general permit itself.
A commentator believes that the scope of the general permit should be expanded to include discharges from the remediation of diesel fuel, heating oil and lubricating oil. In response, the Department has decided to limit the scope of this general permit because of the commonality of gasoline contaminated groundwater remediation activities, their associated discharges, and available treatment systems and technologies. The inclusion of diesel, lubricating and heating oil into the general permit would necessitate numerous changes to and add to the complexity of the general permit. Surface water discharges from diesel, heating and lubricating oil remediation will continue to require an individual NPDES permit.
One of the commentators suggests that the combined application fee for the general permit and the Part II WQM permit should be $100. The fee for Part II WQM permits is set at $500 by regulation at 25 Pa. Code, § 91.22(3) and cannot be changed by this notice. As noted earlier, many remediation activities no longer require a Part II permit if they are undertaken under the act. These activities will only require a $100 fee for the NPDES general permit, and any fees associated with the act. Remediation activities which require a Part II WQM permit remain subject to a $500 fee for that permit and a $100 fee for the NPDES general permit.
One commentator has requested that the Department amend language in its draft general permit regarding the right of the Department to revoke the ability to discharge under the general permit in certain circumstances. In response, the Department has amended the language commented on to read as follows:
''If the treatment system is not operated in compliance with the conditions of the permit, or if the character of the waste changes, there is an increased load in the treatment system, or if the effluent fails to meet effluent limits or otherwise creates a public nuisance, such that the permittee is or will no longer be in compliance with any permit conditions, then upon notice from the Department the right to discharge under the general permit will cease. The Department may allow persons with such discharges a specified time period to implement remedial measures which result in a satisfactory effluent discharge into the receiving body of water.''
Another commentator suggests that the Department expand the scope of the general permit to include discharges from remediation systems to groundwater. The Department does not, as a general matter, cover discharges to groundwater in its NPDES program. As such, the scope of this NPDES general permit is not being expanded to include discharges to groundwater. Industrial waste discharges to groundwater must obtain a Part II WQM permit under sections 307(a) and 308 of The Clean Streams Law (35 P. S. §§ 691.307(a) and 691.308).
A commentator believes that the Department should clarify the meaning of the eligibility requirements of the general permit with regard to situations where ''a change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source.'' This language is drawn word for word from the State regulation at 25 Pa. Code § 92.83(b)(3) and the Federal regulation at 40 CFR 122.28(b)(3)(i)(B) and remains unchanged in this general permit.
This general NPDES permit has been sent to the EPA Regional Administrative for Region III under 25 Pa. Code §§ 92.78 and 40 CFR Part 123.
Persons wishing to obtain a copy of the general permit and related documents should contact the appropriate DEP regional office for the county in which the discharge is located. General questions regarding the general permit should be directed to the following DEP central office:
Department of Environmental Protection, Bureau of Water Quality Management, Division of Permits and Compliance, 10th Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8465, Harrisburg, PA 17105-8465, (717) 787-8184.
Persons with a disability with questions regarding the general permit, or seeking information about the general permit, or a copy of the general permit and associated materials, may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).
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1 It should be noted that the Department is still requiring NPDES permits for remediation activities with surface water discharges, as applicable, under the authority of section 904(a) of the act (35 P. S. § 6026.904(a)), which provides that the Commonwealth shall not be prevented from enforcing numerical cleanup standards, monitoring requirements, or compliance requirements, which are required to be enforced by the Federal Government as a condition to receive program authorization, delegation, primacy or Federal funds.
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