[30 Pa.B. 6059]
[Continued from previous Web Page]
Chapter 96. Water Quality Standards Implementation (new chapter) Section 96.1. Definition.
The following definitions are deleted from the proposal because the terms are not used in the final-form regulation: ''allowable discharge concentration,'' ''continuous point source discharge,'' ''design discharge flow,'' ''dilution ratio,'' ''impaired surface water,'' ''nonpoint source best management practice,'' ''precipitation induced point source discharge,'' ''significant pollutant source,'' ''steady state modeling'' and ''water quality protection levels.''
Definitions for ''conservative substance,'' ''lake pond or impoundment,'' ''LA--load allocation,'' ''nonpoint source,'' ''nonpoint source restoration plan'' and ''TMDL--total maximum daily load'' are amended in response to comments or for clarity and for consistency with other regulations.
Finally, definitions are added for ''factor of safety,'' ''reserve factor'' and ''WQBEL--water quality based effluent limitation'' because § 96.4 is amended to address both TMDLs and WQBELs, and factor of safety and reserve factors, as used by the Department in modeling for WQBELs, are included in the regulation in § 96.4. Commentators pointed out that the proposed definitions for ''LA'' and ''TMDL'' were not consistent with the Federal definitions, and the final definitions address the issues raised. Some other comments recommending language changes to other terms were addressed either by deleting the terms because they are not used, or by explanation in the comment and response document that the recommendation did not clarify the term.
Section 96.3. Water quality protection requirements.
This section incorporates, and in some cases, contains modified provisions from previous § 93.5. The proposed title of the section (Water Quality Protection Levels) was changed because the term water quality protection levels is not contained in the chapter.
Commentators on subsections (a) and (b) said that the language should include ''maintain and protect'' as in the antidegradation policy and noted that antidegradation must apply to all waters, not only High Quality and Exceptional Value Waters. In response, subsection (b) is amended to apply to all surface waters and adds the specific sections of Chapters 93 and 105 that address antidegradation requirements.
Some commentators said the 99% level of protection in proposed subsection (c) was not as protective as the EPA's requirements for frequency, duration and magnitude standards. There are no Federal regulatory specifications for a level of protection, but the EPA guidance sets a series of conditions that would predict a level of protection greater than 99%. The EPA recommends an averaging period of 1 hour for acute aquatic life criteria and 4 days for the chronic criteria. The error band that surrounds the 99.91% level of protection implied by the EPA's recommended ''one excursion in three years'' has both upper and lower bounds. The 99% level of protection lies within that error band and is, therefore, protective of water quality. In practice, for cases involving point source discharges, the actual level of protection is greater than 99% because a combination of design factors (such as design flows, mixing considerations, temperature, pH, and hardness) is used to determine effluent limitations. As part of its response to the Great Lakes Initiative (GLI), the Department performed a series of modeling simulations that compared actual levels of protection achieved using the Department specifications, with the levels of protection that would be obtained using the GLI specifications, which are more stringent than those the EPA recommends nationally. These simulations demonstrated that Department's specifications yield levels of protection equivalent to those achieved using the GLI specifications. More recently, the Department submitted a TMDL for dealing with abandoned mine drainage in the Swatara Creek Watershed to EPA Region III. This TMDL was predicated on achieving applicable water quality criteria in all portions of the watershed at least 99% of the time. This TMDL was accepted and approved by the EPA. The 99% protection level has not been changed.
Other comments noted that 99% could not apply to the general water quality criteria which Federal guidance says must be achieved at all times. In response, general criteria are deleted from the first part of the subsection and a statement is added that general criteria must be achieved at design conditions.
Based on many comments, which questioned the ''mixing zone'' policy of the regulation, subsection (d) is amended to make clear that it is an exception to (c) (which subsection is applicable to all other water quality criteria) of special provisions for the applicability of water quality criteria for total dissolved solids, nitrite-nitrate, fluoride and phenolics for the protection of the potable water supply use. ''Phenolics'' is reinserted to the list of substances included in the section in response to a comment that was concerned with protection of water supplies from its esthetic effects.
Previous § 93.5(e), which this subsection replaces, was never applied as a ''mixing zone'' policy. It was adopted to differentiate between the relative points of application for the criteria for the specific pollutants discussed in the section (that is, at the point of potable water supply intakes) and the point of application for other criteria (such as fish and aquatic life) for these same pollutants. Section 96.3(d) is the same exception. It is an exception because all other criteria are applicable at all points instream where a use is protected. It is not correct to interpret the section as allowing mixing zones in some cases and thereby forbidding them in others. The Department has a mixing procedure for point source discharges of toxics and other substances. A full explanation of the approach is available in the Department guidance documents. The way the Department considers discharge mixing is subject to public review and comment every time a draft NPDES permit that contains effluent limitations for toxic substances is published in the Pennsylvania Bulletin. Federal regulations allow, but do not require, states to adopt regulatory mixing zone policies, which can be submitted to the EPA for Federal review and approval. This Commonwealth position is compatible with the Federal requirement.
Comments on subsection (e) stated that the proposed language allowed substituting an evaluation of physical conditions to replace water quality observations in determining natural quality. In recognition of this comment, and that natural quality cannot replace human health criteria, the subsection was amended to clarify that water quality observations are the basis for natural quality determinations, and that natural quality may be used, when appropriate, as site-specific criteria only for aquatic life protection.
Subsection (g) is amended to include Chapter 93 in addition to Chapter 105 as protective of wetlands in response to a comment that noted the omission.
Section 96.4. TMDLs and WQBELs.
Section 96.4 and its heading have been amended to distinguish between TMDLs, which are developed for impaired waters, and the development of WQBELs for point source discharges. Because there are many similarities in developing TMDLs and WQBELs, some portions of the section remain combined. Many commentators asserted that nonpoint sources were not sufficiently addressed or regulated in the regulation. In response to the comments on nonpoint sources, it should be noted that there is no more specific guidance on nonpoint source impacts from the EPA. For example, design flows for point sources are specified, but a design flow for nonpoint sources is problematic. The Department is currently developing and using other methodologies to develop TMDLs where nonpoint sources are the cause of impairment. A public comment period is held on each TMDL to allow interested parties to provide input.
The final language of subsection (b) provides that WQBELs for NPDES point source discharges will be developed under this chapter when technology-based requirements will not meet water quality protection requirements.
Subsection (c) specifies that both TMDLs and WQBELs must meet the requirements of § 96.3.
Minor word changes to subsection (d) clarify that WLAs serve as the basis for WQBELs for point source discharges and LAs form the basis for nonpoint source restoration plans.
Subsection (e) provides for conditions that apply to developing TMDLs and WQBELs. Paragraph (1) adds physical characteristics of a watershed as a design factor to acknowledge a comment that variations associated with nonpoint sources should be included. Comments on the proposal and on the ANFR pointed out that margin of safety and natural quality are included in the definition of TMDL. In response, paragraph (1) is further amended to state that reserve factors, factors of safety (both of which are terms used in the Department's modeling of WQBELs) and pollutant contributions from other sources are considered in developing WQBELS.
Subsection (f) is modified to describe the allocation procedure for WLAs, LAs and effluent limitations.
Proposed subsection (g) concerning effluent trading is deleted. Many commentators on the proposal opposed effluent trading and more ANFR comments supported removal of the section. Some commentators wanted a clearly defined program on effluent trading. The Department will develop a more complete pollutant trading program with the assistance of affected and interested parties in the future, including the issues expressed in the comments, and with extensive public involvement.
Subsection (h), now subsection (g), was clarified to tie the design flows, as applicable, to point source TMDLs and WQBELs. The design flow conditions for point source discharges are retained in Table 1, although commentators said those flows were not as restrictive as the EPA's requirements. The Department conducted flow analyses to compare the EPA's Q1-10 flow to Pennsylvania's use of Q7-10 for aquatic life criteria. The results showed that in most cases, there is no substantial difference in the level of protection afforded by using Q7-10 in place of Q1-10. Table 1 is amended to include the design flow for the acute ammonia-nitrogen criterion which was inadvertently omitted.
Several commentators expressed that only point sources were addressed in the regulation and that models and requirements for nonpoint sources should be added. The language on the nonpoint source LA is amended in the final regulation. The best available information on nonpoint sources and natural quality is used in developing TMDLs. If possible, the LA may be disaggregated based on the quality and spatial resolution of the available data. If nonpoint source data cannot be disaggregated based on available data, the LA may be for a total allotment. The Department is currently developing and using methodologies to develop TMDLs for nonpoint sources. A public participation process, including a comment period on every TMDL, allows for public input. The Department will continue to refine its methodologies in the foreseeable future.
Proposed subsection (i) is renumbered as (h), and proposed subsection (j) is deleted because the legal requirement that methods used should be accepted in the scientific community would apply in court proceedings even without regulatory language. Omitting the language provides more flexibility to the Department in using new approaches to TMDL development in this rapidly changing field. The proposed subsection (l), placing the burden of proof on a person who challenges a TMDL, is deleted in response to comments.
Commentators on § 96.7 said that the comment period provided for the list of impaired waters and for TMDLs is too short. The comment period is not changed because it is set only as a minimum and the Department strives to provide longer comment periods when not constrained by Federal deadlines or other circumstances. A minor wording change in subsection (b) clarifies that the comment periods on both may be combined when a TMDL is prepared concurrent with NPDES permits.
Chapter 97. Industrial Wastes A commentator objected to the deletion of § 97.14 from the final-form rulemaking because the commentator supported the mandatory pollution prevention provisions included in this section. This section has not been retained in the final-form regulations for the reasons discussed in the response to comments received about pollution prevention in § 92.2b.
F. Benefits, Costs and Compliance
Executive Order 1996-1 provides for a cost/benefit analysis of the final-form regulations.
Benefits
Overall, the citizens of this Commonwealth will benefit from these changes because they provide appropriate protection of designated and existing uses of surface waters in this Commonwealth in a more efficient and easily administerable manner. The final-form regulations reorganize and consolidates existing water management regulations in a more understandable manner, and should help to assure that pollution control actions are as cost-effective as possible and that pollution control costs are equitably distributed. The language should also make it easier for citizens to understand how NPDES permits are developed and administered, and how water quality standards are developed and implemented.
These revisions also assure compliance with applicable Federal requirements. Under the revisions to Chapter 92, persons required to obtain a new or renew an existing NPDES permit may benefit because of the clarification provided in the amendments, as well as improved consistency with Federal regulations. In addition, these persons may benefit by the modification of some requirements which are more stringent than Federal regulations without a compelling public interest. Among the sections modified to make them more closely mirror Federal requirements are § 92.4 (relating to exclusions from permit requirements), which adds a number of activities which would be excluded from the requirement to obtain an NPDES permit; § 92.11 (relating to duration of standards for certain new sources), which adds a third event, the date the discharge begins in the calculation of the 10-year period during which a point source would not be subject to a more stringent treatment technology standard; existing § 92.41(d) and (e) (relating to monitoring) by providing that the retention period for maintaining monitoring records may be extended during the course of any unresolved litigation (as opposed to the current requirement that the records shall be maintained) and incorporating the language of 40 CFR 122.44(i)(4) (relating to the establishment of monitoring requirements for stormwater discharges not subject to an effluent limitation on a case-by-case basis) into a new subsection (g); § 92.55 (relating to schedules of compliance), which is revised to provide a 1-year window for compliance before a compliance schedule is required in a permit as opposed to the current 9-month window; § 92.65 (relating to notice to other government agencies), which is revised to limit the circumstances in which the District Engineer of the Corps of Engineers may object to the issuance of a permit consistent with section 402(b)(6) of the Federal Clean Water Act (33 U.S.C.A. § 1342(b)(6)); and § 92.83 (relating to inclusion of individual discharges in general NPDES permits) which has been revised to provide some options for notification of coverage under the general permit consistent with 40 CFR 122.28(b) (relating to general permits).
Compliance Costs
The amendments to Chapters 92 and 93 are not expected to impose any significant additional compliance costs on the regulated community. Under the revisions to Chapter 96, it is possible that some activities, including some point source and nonpoint source activities, may experience additional compliance costs. In addition, § 96.4(i) may impose some additional monitoring costs on NPDES discharges and other persons subject to regulation under The Clean Streams Law if data are needed to develop or evaluate TMDLs. Decisions on when to require additional monitoring will be made on a case-by-case basis and, therefore, cannot be estimated in advance.
Since the TMDLs and WQBELS developed under these final-form regulations will be used as the basis for addressing point and nonpoint pollutant discharges, the regulations may impose additional costs on some entities. Other entities may experience a reduction in treatment costs as a result of these final-form regulations; the final-form regulations have been designed to equitably allocate the responsibility for pollution control among both point and nonpoint source pollutant contributors. Overall, these regulatory changes are not expected to increase total pollution control expenditures over that which would otherwise be required under existing regulations.
Compliance Assistance Plan
The amendments to Chapter 92 are primarily intended to consolidate existing requirements into a single chapter, clarify existing requirements and make the State regulations more closely mirror Federal regulations. Compliance assistance is provided to applicants through numerous guidance documents the Department has made available for permit applicants and permittees, and by Department staff through contacts with permittees.
Chapter 96 is primarily aimed at describing how and when the Department will develop TMDLs and WQBELs. The Department is currently undertaking efforts to develop program guidance to address the various issues relating to TMDL development. Other guidance is in place for conducting additional monitoring, and for allocating pollution treatment costs equitably when more stringent treatment costs are required. Guidance is being developed for the achievement of TMDLs. These guidances should aid regulated entities in complying with the regulatory requirements.
Paperwork Requirements
These regulatory revisions should have no significant paperwork impact on the Commonwealth, its political subdivisions or the private sector. The development of TMDLs by the Department under Chapter 96 may require some additional paperwork.
G. Pollution Prevention
In keeping with Governor Ridge's interest in encouraging pollution prevention solutions to environmental problems, Chapter 92 incorporates language encouraging the use of pollution prevention techniques, and suggesting measures to be taken to achieve environmental benefits. The existing mandatory pollution prevention language contained in existing § 97.14 has been deleted and replaced with other language which requires the Department to encourage pollution prevention. Additionally, Chapter 93 prevents pollution by incorporating the latest science into the water quality standards. Finally, Chapter 96 prevents pollution by more closely addressing point and nonpoint pollutant sources and measures to achieve water quality standards in waters which are threatened or impaired.
H. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended. In addition, revisions to water quality standards are required to be reviewed by the Department at least once every 3 years, with the results of the review to be submitted to the EPA. The revisions to portions of Chapters 92, 93 and 96, constitute the major portion of the Commonwealth's triennial water quality standards review.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 11, 1998, the Department submitted a copy of the proposed rulemaking published at 28 Pa.B. 4431, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed amendments, the Department has provided IRRC and Committees with a copy of all comments received on the proposed amendments, as well as other documentation.
In preparing these final-form regulations, the Department has considered all comments received from IRRC and the public. The committees did not provide comments on the proposed rulemaking.
These final-form regulations were deemed approved by the House Environmental Resources and Energy Committee on and by the Senate Environmental Resources and Energy Committee on August 21, 2000. IRRC met on August 24, 2000, and approved the final-form regulations in accordance with section 5(c) of the Regulatory Review Act.
J. Findings of the Board
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder at 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided, as required by law, and all comments were considered.
(3) These final-form regulations do not enlarge the purpose of the proposal published at 28 Pa.B. 4431. These final-form regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this Preamble.
K. Order of the Board
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapters 92, 93, 95, 96 and 97, are amended by amending §§ 92.1, 92.3, 92.4, 92.7, 92.9, 92.11, 92.13, 92.15, 92.17, 92.21--92.23, 92.25, 92.31, 92.41, 92.51, 92.53, 92.55, 92.57, 92.59, 92.61, 92.63, 92.65, 92.73, 92.75, 92.77, 92.79, 92.81-- 92.83, 93.1--93.8, 93.8a, 93.9, 93.9a, 93.9c, 93.9e, 93.9g, 93.9i, 93.9l--93.9r, 93.9u--93.9z, 95.2, deleting §§ 92.6, 95.1, 95.3, 95.6--95.9, 97.1, 97.2, 97.14, 97.15, 97.63, 97.81--97.83, 97.91--97.95; and adding §§ 92.2, 92.2a, 92.2b, 92.2c, 92.2d, 92.5a, 92.8a, 92.13a, 92.21a, 92.52a, 92.71a, 92.72a, 92.91--92.94; and §§ 96.1--96.7, to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval and review as to legality and form, as required by law.
(c) The Chairperson shall submit this order and Annex A to IRRC and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(e) This order shall take effect immediately upon publication.
JAMES M. SEIF,
ChairpersonFiscal Note: Fiscal Note 7-338 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE II. WATER RESOURCES
CHAPTER 92. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITTING, MONITORING AND COMPLIANCE
GENERAL PROVISIONS § 92.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
AEU--Animal equivalent unit--One thousand pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit, as defined in section 3 of the Nutrient Management Act (3 P. S. § 1703).
Administrator--The Administrator of the EPA.
Agricultural operation--The management and use of farming resources for the production of crops, livestock or poultry as defined in section 3 of the Nutrient Management Act.
Applicable effluent limitations or standards--State, interstate and Federal effluent limitations or standards to which a discharge is subject under the State and Federal Acts, including, but not limited to, water quality-based and technology-based effluent limitations, standards of performance, toxic effluent standards and prohibitions, BMPs and pretreatment standards.
Applicable water quality standards--Water quality standards to which a discharge is subject under the State and Federal Acts, and regulations promulgated thereunder.
Application--The Department's form for applying for approval to discharge pollutants to surface waters of this Commonwealth under a new NPDES permit, or renewal or reissuance of an existing NPDES permit, or the modification, revision or transfer of an existing NPDES permit.
BAT--Best available technology--
(i) The maximum degree of effluent reduction attainable through the application of the best treatment technology economically achievable within an industrial category or subcategory, or other category of discharger, taking into account:
(A) The age of equipment and facilities involved.
(B) The process employed.
(C) The engineering aspects of the application of various types of control techniques and process changes (including in-plant source reduction measures in addition to end of pipe controls).
(D) The cost of achieving the effluent reduction.
(E) Nonwater quality environmental impacts (including energy requirements).
(F) Other factors the Department deems appropriate.
(ii) The term includes categorical ELGs promulgated by the EPA under section 304(b) of the Federal Act (33 U.S.C.A. § 1314(b)).
BMP--Best management practices--
(i) Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce pollution to surface waters of this Commonwealth.
(ii) The term includes:
(A) Treatment requirements.
(B) Operating procedures.
(C) Practices to control plant site runoff, spillage, or leaks, sludge or waste disposal, or drainage from raw material storage.
CAFO--Concentrated animal feeding operation--A CAO with greater than 300 AEUs, any agricultural operation with greater than 1,000 AEUs or an agricultural operation with a discharge to surface waters during a storm event of less than a 25-year/24-hour storm.
CAO--Concentrated animal operation--An agricultural operation where the animal density exceeds 2 AEUs per acre, as defined in section 3 of the Nutrient Management Act.
CCW--Contact cooling water--Cooling water that comes into contact with any raw material, intermediate product, finished product, byproduct or waste product.
CSO--Combined sewer overflow--Any intermittent overflow or other untreated discharge from a municipal combined sewer system (including domestic, industrial and commercial wastewater and stormwater) prior to reaching the headworks of the sewage treatment facility which results from a flow in excess of the dry weather carrying capacity of the system.
Combined sewer system--A sewer system which has been designed to serve as both a sanitary sewer and a storm sewer.
Concentrated aquatic animal production facility--A hatchery, fish farm or other facility which meets the criteria in 40 CFR Part 122, Appendix C (relating to criteria for determining a concentrated aquatic animal production facility), or which the Department designates under the criteria in 40 CFR 122.24(c) (relating to concentrated aquatic animal production facilities).
Conventional pollutant--Biochemical oxygen demand, carbonaceous biochemical oxygen demand, suspended solids, pH, fecal coliform, oil or grease.
Daily discharge--The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably and accurately represents the calendar day for purposes of sampling:
(i) For pollutants with limitations expressed in terms of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day.
(ii) For pollutants with limitations expressed in other units of measurement, daily discharge is calculated as the average measurement of that pollutant during the day.
Discharge--An addition of any pollutant to surface waters of this Commonwealth from a point source, including:
(i) Additions of pollutants from surface runoff and stormwater which is collected or channelized.
(ii) Discharges through pipes, sewers or other conveyances which do not lead to a treatment works.
(iii) Discharges through pipes, sewers or other conveyances.
Draft permit--A document prepared by the Department indicating the Department's tentative decision to issue or deny, modify, revoke, renew or reissue a permit.
ELG--Effluent Limitations Guideline--A regulation published by the Administrator under section 304(b) of the Federal Act (33 U.S.C.A. § 1314(b)), or by the Department, to revise or adopt effluent limitations.
Effluent Limitation or Standard--A restriction established by the Department or the Administrator on quantities, rates and concentrations of chemical, physical, biological and other constituents which are discharged from point sources into surface waters, including BMP's and schedules of compliance.
Existing discharge--A discharge which is not a new discharge or a new source.
Facility or activity--Any NPDES point source or any other facility or activity including land or appurtenances thereto that is subject to regulation under the NPDES Program.
Federal Act--The Federal Water Pollution Control Act (33 U.S.C.A. §§ 1251--1376), also known as the Clean Water Act or CWA.
General NPDES permit or general permit--An NPDES permit that is used for a clearly described category of point source discharges, when those discharges are substantially similar in nature and do not have the potential to cause significant adverse environmental impact.
Indirect discharger--A person who discharges sewage, industrial waste or other pollutants into a treatment works.
Industrial user--Those industries identified in the Standard Industrial Classification Manual, Office of Management and Budget, 1987, as amended and supplemented, under the category ''Division D-Manufacturing'' and other classes of significant waste producers, as by regulation, the Administrator deems appropriate.
Industrial waste--
(i) A liquid, gaseous, radioactive, solid or other substance, not sewage, resulting from manufacturing or industry, or from an establishment, and mine drainage, refuse, silt, coal mine solids, rock, debris, dirt and clay from coal mines, coal collieries, breakers or other coal processing operations.
(ii) The term includes all of these substances whether or not generally characterized as waste.
Instantaneous maximum effluent limitation--The highest allowable discharge of a concentration or mass of a substance at any one time as measured by a grab sample.
Intermittent stream--A body of water flowing in a channel or bed composed primarily of substrates associated with flowing water, which, during periods of the year, is below the local water table and obtains its flow from both surface runoff and groundwater discharges.
Interstate agency--An agency of two or more states established by or under an agreement or compact approved by the Congress, or another agency of two or more states, having substantial powers or duties pertaining to the control of pollution as determined and approved by the Administrator.
Large municipal separate storm sewer system--A municipal separate storm sewer system defined in 40 CFR 122.26(b)(4) (relating to stormwater discharge (applicable to state NPDES programs)).
Log sorting and log storage facilities--Facilities whose discharges result from the holding of unprocessed wood, for example, logs or roundwood with bark or after removal of bark held in self-contained bodies of water (mill ponds or log ponds) or stored on land where water is applied intentionally on the logs (wet decking). See 40 CFR Part 429, Subpart J (relating to log washing), including the effluent limitations guidelines.
Maximum daily discharge limitation--The highest allowable daily discharge.
Medium municipal separate storm sewer system--A municipal separate storm sewer system as defined in 40 CFR 122.26(b)(7).
Minor discharge--A discharge which has a total volume of less than 50,000 gallons on every day of the year, does not affect the waters of another state, and is not identified by the Department, the Regional Administrator or by the Administrator in regulations issued under section 307(a) of the Federal Act (33 U.S.C.A. § 1317(a)) as a discharge which is not a minor discharge. If there is more than one discharge from a facility and the sum of the volumes of all discharges from the facility exceeds 50,000 gallons on any day of the year, no discharge from the facility is a minor discharge.
Municipal separate storm sewer system--A separate storm sewer (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains) which is all of the following:
(i) Owned or operated by a state, city, town, borough, county, district, association or other public body (created by or under State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under section 208 of the Federal Act (33 U.S.C.A. § 1288) that discharges to surface waters of this Commonwealth.
(ii) Designed or used for collecting or conveying stormwater.
(iii) Not a combined sewer.
(iv) Not part of a POTW.
NOI--Notice Of Intent--A complete form submitted for NPDES general permit coverage which contains information required by the terms of the permit and by §§ 92.81--92.83 (relating to general permits). An NOI is not an application.
NPDES form--An issued NPDES permit and a National form developed for use in the NPDES, including the application and the NPDES reporting form.
NPDES permit--A permit or equivalent document or requirements issued by the Administrator, or, when appropriate, by the Department after enactment of the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C.A. §§ 1281 and 1361), to regulate the discharge of pollutants under section 402 of the Federal Act (33 U.S.C.A. § 1342).
NPDES primary industry categories--The primary industry categories in 40 CFR Part 122, Appendix A (relating to NPDES primary industry categories), which is incorporated by reference.
NPDES reporting form--The form for reporting monitoring results approved by the Administrator for use in this Commonwealth, also referred to as a discharge monitoring report (DMR), and any supplemental forms provided by the Department.
New discharger--A building, structure, facility, activity or installation from which there is or may be a discharge of pollutants that did not commence the discharge at a particular site prior to August 13, 1979, which is not a new source, and which has never received a final effective NPDES permit for discharges at that site.
New source--A building, structure, facility, activity or installation from which there is or may be a discharge of pollutants, the construction of which commenced after promulgation of standards of performance under section 306 of the Federal Act (33 U.S.C.A. § 1316) which are applicable to the source, or after proposal of standards of performance in accordance with section 306 of the Federal Act which are applicable to the source.
Noncontact cooling water--Cooling water that does not contact any raw material, intermediate product, finished product, byproduct or waste product.
Nonconventional pollutant--A pollutant which is not a conventional or toxic pollutant.
POTWs--Publicly Owned Treatment Works--
(i) A device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a state or municipality.
(ii) The term includes sewers, pipes or other conveyances only if they convey wastewater to a POTW providing treatment.
Perennial stream--A body of water flowing in a channel or bed composed primarily of substrates associated with flowing waters and capable, in the absence of pollution or other manmade stream disturbances, of supporting a benthic macroinvertebrate community which is composed of two or more recognizable taxonomic groups of organisms which are large enough to be seen by the unaided eye and can be retained by a United States Standard No. 30 sieve (28 meshs per inch, 0.595 mm openings) and live at least part of their life cycles within or upon available substrates in a body of water or water transport system.
Person--Any individual, public or private corporation, partnership, association, municipality or political subdivision of this Commonwealth, institution, authority, firm, trust, estate, receiver, guardian, personal representative, successor, joint venture, joint stock company, fiduciary; department, agency or instrumentality of State, Federal or local government, or an agent or employe thereof; or any other legal entity.
Point source--Any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, CAFO, landfill leachate collection system, or vessel or other floating craft, from which pollutants are or may be discharged.
Pollutant--Any contaminant or other alteration of the physical, chemical, biological or radiological integrity of surface water which causes or has the potential to cause pollution as defined in section 1 of the State Act (35 P. S. § 691.1).
Pollution prevention--Source reduction and other practices that reduce or eliminate the creation of pollutants through increased efficiency in the use of raw materials, energy, water or other resources, or protection of natural resources by conservation.
Primary industrial facility--An industrial facility in a primary industry category, as defined in 40 CFR 122.2 (relating to definitions).
Process wastewater--Water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product.
Regional Administrator--The EPA Regional Administrator for Region III.
Rock crushing and gravel washing facilities--Facilities which process crushed and broken stone, gravel and riprap (see 40 CFR Part 436, Subpart B (relating to crushed stone subcategory), including the effluent limitations guidelines).
SSO--Sanitary Sewer Overflow--An intermittent overflow of wastewater, or other untreated discharge from a separate sanitary sewer system (which is not a combined sewer system), which results from a flow in excess of the carrying capacity of the system or from some other cause prior to reaching the headworks of the sewage treatment facility.
Schedule of compliance--A schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with effluent limitations, prohibition, other limitations of standard.
Separate storm sewer--A conveyance or system of conveyances (including pipes, conduits, ditches and channels) primarily used for collecting and conveying stormwater runoff.
Sewage--A substance that contains any of the waste products or excrementitious or other discharge from the bodies of human beings or animals.
Silvicultural point source--
(i) A discernible, confined and discrete conveyance related to rock crushing, gravel washing, log sorting or log storage facilities which is operated in connection with silvicultural activities and from which pollutants are discharged into waters of this Commonwealth.
(ii) The term does not include nonpoint source silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is runoff.
Single residence sewage treatment plant--A system of piping, tanks or other facilities serving a single family residence located on a single family residential lot, which collects, disposes and treats solely direct or indirect sewage discharges from the residence into surface waters of this Commonwealth.
Small municipal separate storm sewer system--A municipal separate storm sewer system as defined in 40 CFR 122.26(b)(16)--(18).
State Act--The Clean Streams Law (35 P. S. §§ 691.1--691.1001).
Stormwater--Runoff from precipitation, snow melt runoff and surface runoff and drainage.
Stormwater discharge associated with construction activity--The discharge or potential discharge of stormwater into waters of this Commonwealth from construction activities including clearing and grubbing, grading and excavation activities involving 5 acres (2 hectares) or more of earth disturbance, or an earth disturbance on any portion, part of or during any stage of a larger common plan of development or sale that involves 5 acres (2 hectares) or more of earth disturbance over the life of the project.
Stormwater discharge associated with industrial activity--The discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw materials storage areas at an industrial area, as defined in 40 CFR 122.26(b)(14) which is incorporated by reference.
Surface waters--Perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps and estuaries, excluding water at facilities approved for wastewater treatment such as wastewater treatment impoundments, cooling water ponds and constructed wetlands used as part of a wastewater treatment process.
Toxic pollutant--Those pollutants, or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, may, on the basis of information available to the Administrator or Department, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical deformations in these organisms or their offspring.
WETT--Whole Effluent Toxicity Testing--
(i) A test, survey, study, protocol or assessment which includes the use of aquatic, bacterial, invertebrate or vertebrate species to measure acute or chronic toxicity, and any biological or chemical measure of bioaccumulation, bioconcentration or impact on established aquatic and biological communities.
(ii) The term includes any established, scientifically defensible method which is sufficiently sensitive to measure toxic effects.
Water quality-based effluent limitation--An effluent limitation based on the need to attain or maintain the water quality criteria and to assure protection of designated and existing uses.
Water quality standards--The combination of water uses to be protected and the water quality criteria necessary to protect those uses.
Wetlands--Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
Whole effluent toxicity--The total toxic effect of an effluent measured directly with a toxicity test.
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