Federal Register: April 1, 1999 (Volume 64, Number 62)NoticesPage 15749-15753From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr01ap99-88ENVIRONMENTAL PROTECTION AGENCYFRL-6313-6Proposed National Pollutant Discharge Elimination System (NPDES) General Permit for Reverse Osmosis Desalinization Facilities in Saipan, NPDES # MPG450000
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed NPDES General Permit for Reverse Osmosis Desalinization Facilities in Saipan.
SUMMARY: The Reverse Osmosis units are designed to remove dissolved solids from the water in order to provide potable water to the hotels. The source water may be brackish groundwater or seawater. The waste stream contains concentrated levels of total dissolved solids (TDS). Periodically, the filters are cleaned by backwashing or by adding chemicals to raise and lower the pH (from 2 to 12).
Due to the similarities between the discharges, a general permit is being proposed to cover all current and future discharges from hotel RO units meeting certain criteria (see permit).
Public comment: If you need additional information, you may contact Mike Lee between the hours of 9:00 a.m. until 4:00 p.m. by calling (415) 744-1484 or by writing to: CWA Standards and Permits Office, Attn: Mike Lee (CMD-1), 75 Hawthorne Street, San Francisco, CA 94105- 3901.
All comments upon or objections to the PROPOSED PERMIT and requests for a PUBLIC HEARING, pursuant to
40 CFR 124.12, must be transmitted or delivered in writing to Mike Lee, at the address shown above, within 30 days of the date of this notice. An extension of the 30 day comment period may be granted if the request for an extension adequately explains why more time is required to prepare comments.
A final decision to set the conditions and to issue the permit, or to deny the permit, shall be made after all comments have been considered: Notice of the final decisions shall be sent to each person who has transmitted or delivered written comments or requested notice of the final permit decisions. The decisions will become effective 30 days from the date of issuance unless:
1. A later effective date is specified in the decisions; or
2. An evidentiary hearing is requested pursuant to
40 CFR 124.74; or
3. There are no comments requesting a change to the PROPOSED PERMIT, in which case the final decisions shall become effective immediately upon issuance.
SUPPLEMENTARY INFORMATION:I. Description of Facilities
There are approximately eight hotels in Saipan at this time that discharge or intend to discharge wastewater from a reverse osmosis water treatment unit(s) into waters of the U.S. Each discharges less than 0.5 MGD and into receiving water named Saipan Lagoon, either directly, or through a storm water conveyance channel.
II. Applicable Water Quality Standards
Water Quality Standards for the Commonwealth of the Northern Mariana Islands were adopted on January 20, 1997. The standards classify Garapan lagoon as a Class AA marine water. Under the CNMI Water Quality Standards, ``It is the objective of this class that these waters remain in their natural pristine state as nearly as possible with an absolute minimum of pollution or alteration of water quality from any human-caused source or actions. To the extent practicable, the wilderness character of such areas shall be protected. No zone of mixing will be permitted.''
Discharge in compliance with this NPDES permit should ensure achievement of all applicable Water Quality Standards. These Standards are designed to prevent degradation of water quality. Therefore, compliance with this NPDES permit should prevent any ``unreasonable degradation'' of the marine environment, and in accordance with section 403(c) of the Clean Water Act an NPDES permit may be issued.
III. Effluent limitations
Discharges from desalination processes are not subject to any effective EPA effluent limitations guidelines. Therefore, permit requirements were established using Best Professional Judgment (BPJ) and specific water quality standards in order to ensure protection of the beneficial uses of the receiving waters.
A. pH
The pH is limited in the permit between 6.5 and 8.6 standard units, based on water quality standards for Class AA waters. According to literature submitted by an applicant, the RO units are routinely cleaned by the addition of certain chemicals in order to raise and lower the pH from 2 to 12.
B. Formaldehyde
Some permit applications indicates that formalin (formaldehyde 37%) will be used for cleaning the R/O unit. Formaldehyde is a carcinogen, and its discharge into waters of the U.S. is prohibited.
C. Sodium Hexametaphosphate
Some permit applications indicate that Sodium Hexametaphosphate will also be used in the process. Data searches for toxicity of Sodium Hexametaphosphate performed on the Hazardous Substances Data Base suggest that ``metaphosphates are toxic probably because of their excess alkalinity rather than from simple NA excess.'' (Venugopal, B. and T.D. Luckey, Metal Toxicity in Mammals, New York, Plenum Press, 1978, pg. 11). Wastewater with high alkalinity should have no adverse effect once mixed with seawater unless the pH is very high. For this reason, monitoring for pH is required and a limit for pH is in the permit. Furthermore, a limit for total phosphorous is included, based on the Saipan Water Quality Standards.
D. TDSTDS testing is required in order to insure that the water quality standard of ``no permanent change in isohaline patterns of the receiving water'' is met. This data may be used for future modeling studies. There is no limit set at this time. Typically, discharges are around 50,000 mg/l.
F. Total Nitrogen, Sulfide (Undissociated), Ammonia (Un-ionized)
Data from existing reverse osmosis desalinization plants in Saipan indicate exceedances of the water quality
[Page 15750]standards for these three pollutants. Limits will therefore be included in the permit.
G. Turbidity
The limit for turbidity, <2 NTU, is derived from CNMI water quality standards.
H. Ammonia
The limit for un-ionized ammonia, .02 mg/l, is derived from CNMI water quality standards.
I. Priority Pollutant Scan
If the source water is contaminated, the concentrated waste water will likely be even more so. For this reason, a priority pollutant scan of the wastewater is required within the first six months of obtaining general permit coverage and once every time the location of the source water changes.
J. Whole Effluent Toxicity Testing
At this time, no bioassays are required. However, the permit may be modified in the future to require WET testing.
IV. Monitoring Frequency
The permittee is required to monitor at the frequency specified in the permit. In addition, the permittee is required to monitor everytime the units are cleaned due to the possibility of increased pollutant loading during such periods.
V. Application Requirements
Permittees meeting the requirements specified in the permit may submit a notice of intent (NOI) which includes the required information. A NOI must be submitted at least 60 days prior to intended discharge and again at least 90 days prior to the expiration of this permit. EPA, upon reviewing the information submitted, will decide either to include the applicant under the general permit or to issue the applicant an individual permit. The applicant may assume coverage by the general permit if EPA does not respond within 60 days.
VII. Effects on Endangered Species
EPA believes that discharge in compliance with this permit will have no effect on endangered species. Endangered species in Saipan which could be impacted would be the green and hawksbill sea turtles. At the present time there has been no critical habitat designated for these species in Saipan Lagoon. Furthermore, discharges allowed under this permit may not be placed so that effluent directly impacts seagrass beds or live coral reef habitat, as these habitats are important to these species of sea turtles.
VIII. Economic Impact (Executive Order 12866)
Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the Agency must determine whether the regulatory action is ``significant'' and therefore subject to OMB review and the requirements of the Executive Order. The Order defines ``significant regulatory action'' as one that is likely to result in a rule that may have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order.
EPA has determined that this proposed general permit is not a ``significant regulatory action'' under the terms of Executive Order 12866 and is therefore not subject to formal OMB review prior to proposal.
IX. Unfunded Mandates Reform Act
Section 201 of the Unfunded Mandates Reform Act (UMRA), Pub. L. 104-4, generally requires Federal agencies to assess the effects of their ``regulatory actions'' on State, local, and tribal governments and the private sector. UMRA uses the term ``regulatory actions'' to refer to regulations. (See, e.g., UMRA section 201, ``Each agency shall * * * assess the effects of Federal regulatory actions * * * (other than to the extent that such regulations incorporate requirements specifically set forth in law)''). UMRA section 102 defines ``regulation'' by reference to section 658 of Title 2 of the U.S. Code, which in turn defines ``regulation'' and ``rule'' by reference to section 601(2) of the Regulatory Flexibility Act (RFA). That section of the RFA defines ``rule'' as ``any rule for which the agency publishes a notice of proposed rulemaking pursuant to section 553(b) of [the Administrative Procedure Act (APA)], or any other law * * *''
As discussed in the RFA section of this notice, NPDES general permits are not ``rules'' under the APA and thus not subject to the APA requirement to publish a notice of proposed rulemaking. NPDES general permits are also not subject to such a requirement under the Clean Water Act (CWA). While EPA publishes a notice to solicit public comment on draft general permits, it does so pursuant to the CWA section 402(a) requirement to provide ``an opportunity for a hearing.'' Thus, NPDES general permits are not ``rules'' for RFA or UMRA purposes.
EPA has determined that the proposed general permit for Saipan does not contain a Federal requirement that may result in expenditures of $100 million or more for State, local and tribal governments, in the aggregate, or the private sector in any one year.
The Agency also believes that the proposed general permit will not significantly nor uniquely affect small governments. For UMRA purposes, ``small governments'' is defined by reference to the definition of ``small governmental jurisdiction'' under the RFA. (See UMRA section 102(1), referencing
2 U.S.C. 658, which references section 601(5) of the RFA.) ``Small governmental jurisdiction'' means governments of cities, counties, towns, etc., with a population of less than 50,000, unless the agency establishes an alternative definition.
The proposed general permit also will not uniquely affect small governments because compliance with the permit conditions affects small governments in the same manner as any other entities seeking coverage under the proposed general permit.
X. Paperwork Reduction Act
EPA has reviewed the requirements imposed on regulated facilities resulting from the proposed general permit under the Paperwork Reduction Act of 1980,
44 U.S.C. 3501 et seq. The information collection requirements of the proposed general permit have already been approved in previous submissions made for the NPDES permit program under the provisions of the CWA.
XI. Regulatory Flexibility Act
Under the Regulatory Flexibility Act,
5 U.S.C. 601 et seq., EPA is required to prepare a Regulatory Flexibility Analysis to assess the impact of rules on small entities. Under
5 U.S.C. 605(b), no Regulatory Flexibility Analysis is required where the head of the Agency certifies that the rule will not have a significant economic impact on a substantial number of small entities.
The Agency takes the position that NPDES general permits are not subject to rulemaking requirements under APA section 553 or any other law. The requirements of APA section 553 apply only to the issuance of ``rules,'' which the APA defines in a manner that
[Page 15751]excludes permits. See APA section 551(4), (6) and (8). The CWA also does not require publication of a general notice of proposed rulemaking for general permits. EPA publishes draft general NPDES permits for public comment in the Federal Register in order to meet the applicable CWA procedural requirement to provide ``an opportunity for a hearing.'' See CWA section 402(a),
33 U.S.C. 1342(a).
Nevertheless, the Agency has considered the potential impact of the proposed general permit on small entities in a manner that meets the requirements of the RFA. Specifically, EPA has analyzed the potential impact of the proposed general permit on small entities and determined that the permit will not have a significant economic impact on a substantial number of small entities. The permit requirements have been designed to minimize significant administrative and economic impacts on small entities and should not have a significant impact on regulated sources in general. Moreover, the proposed general permit reduces a significant burden on regulated sources of applying for individual permits.
XII. Signature
Accordingly, I hereby find consistent with the provisions of the Regulatory Flexibility Act, that this proposed general permit will not have a significant impact on a substantial number of small entities. Authority: Clean Water Act,
33 U.S.C. 1251 et seq.
For the Regional Administrator.
Dated: February 22, 1999. Michael G. Schulz, Acting Director, Water Division, Region 9.
Authorization To Discharge Under the National Pollutant Discharge Elimination System General Permit for the Discharge of Reverse Osmosis Waste Water Into Marine Waters of the CNMI, NPDES #MPG450000
In compliance with the provisions of the Clean Water Act, as amended, (
33 U.S.C. 1251 et seq., the ``Act''), and with the Federal Regulations at
40 CFR 122.28, EPA issues a general permit to cover discharge of reverse osmosis wastewater from facilities located in the CNMI meeting the following criteria:
1. Facility operates a reverse osmosis (RO) unit or units designed specifically for the production of potable water; and
2. Discharge from individual RO unit is less than 0.5 million gallons per day (MGD); and
3. Discharge reaches marine surface waters (i.e. directly, through a stormwater conveyance channel, or through an injection well that may mix with marine surface waters); and
4. An individual 401 Water Quality Certification has been obtained from The Division of Environmental Quality, Commonwealth of the Northern Mariana Islands, which certifies that the discharge will not cause or contribute to violations of water quality standards, or impact seagrass beds or coral reef habitat.
If facility meets the above criteria, the facility may apply for coverage under the general permit by submitting a complete Notice of Intent (NOI) at least 90 days prior to the planned date of discharge. The NOI must include the following:
1. Completed NPDES application Forms 1 and Form 2C. If previously applied, please send any updated information/changes to application;
2. A cover letter indicating that the permittee is seeking coverage under this general permit, has read this general permit and will comply with all its conditions;
3. Individual Water Quality Certification from Division of Environmental Quality under Section 401 of the Act;
4. A list of all chemicals used (both generic name and chemical names) both during typical water treatment and during cleaning of units;
5. Name(s), location(s) and average Total Dissolved Solids of source waters; and
6. Description and location of monitoring stations(s).
The NOI must be submitted to USEPA and Commonwealth of Northern Marianas Islands at the addresses listed under section 3 of this permit.
Sixty (60) days after receipt of NOI by EPA, the applicant may discharge in accordance with conditions of this general permit and the individual 401 certification unless otherwise notified by EPA or CNMI DEQ. EPA reserves the right to deny the general permit to anyone at anytime and require coverage under an individual permit. Furthermore, in accordance with 122.28(b), this permit may be modified, revoked and reissued, or terminated in accordance with applicable requirements of part 124.
Permittees must submit another NOI 90 days prior to the expiration date of this general permit if the permittee intends to continue discharging beyond that date.
The discharge must be in accordance with effluent limitations, monitoring requirements and other conditions set forth herein, in the 401 certification, and in the attached EPA Region 9 ``Standard Federal NPDES Permit Conditions.''
This permit and the authorization to discharge shall expire at midnight five years after effective date.
1. Effluent Limits and Monitoring Requirements
a. Effluent shall be sampled at the point of discharge, prior to mixing with the receiving water. If discharge occurs into a stormwater conveyance channel or pipe, monitoring shall be performed before discharge into the channel or pipe. Monitoring shall be performed during the regular discharge of brine water and during the intermittent discharge of cleaning waste water. <SUP>1</SUP> During the discharge of brine water, monitoring will be performed at the frequency specified below. During the discharge of cleaning waste water, monitoring shall be performed every time cleaning waste water is discharged. Samples of cleaning waste water should be identical in characteristics to that which is discharged to the surface water. For example, if cleaning waste water is stored or mixed with brine waste water prior to discharge in order to reduce toxicity, samples should be taken of the stored or mixed effluent.
\1\ Cleaning waste water includes backwash water or any other waste water with different chemical characteristics than the normal brackish reject water.
Such discharges shall be limited and monitored by the permittee as specified below:
Limitations
Monitoring requirements Effluent characteristics -------------------------------------------------------------------------- Daily max.
Measurement frequency
Sample type
\1\--------------------------------- Flow................................. ........................ Continuous.............. N/A Total Dissolved Solids............... ........................ Once/Quarter............ Discrete. Total Nitrogen....................... 0.4 mg/l................ Once/Month.............. Discrete.
[Page 15752]Total Phosphorous.................... 0.025 mg/l.............. Once/Month.............. Discrete. Sulfide (undissociated).............. 0.002 mg/l.............. Once/Month.............. Discrete. Ammonia (unionized).................. 0.02 mg/l............... Once/Month.............. Discrete. Turbidity............................ Not > 2 NTU............. Once/Month.............. Discrete. Total Residual Chlorine \2\.......... .01 mg/l................ Once/Day................ Discrete. Priority Pollutant Scan.............. ........................ (\3\)................... Discrete. pH................................... (\4\)................... Once/Day................ Discrete.
\1\ The frequency specified below applies only to the discharge of brine water. Monitoring shall be performed once/discharge during the discharge of cleaning waste water. \2\ Monitoring required only if products containing chlorine are used. Non-detects shall be considered compliance. \3\ Permittee shall conduct priority pollutant scans on the effluent (both the cleaning waste water and the brine water discharge) once within the first 6 months of general permit and again every time location of source water changes. \4\ (4) The pH of the effluent is limited between 6.5 and 8.6 standard units at all times.
b. The discharge shall be free of substances attributable to domestic, industrial, or other controllable sources of pollutants and shall be capable of supporting desirable aquatic life and be suitable for recreation in and on the water.
c. The discharge shall not cause floating debris, oils, grease, scum, or other floating materials.
d. The discharge shall be free from substances in amounts sufficient to produce taste or odor in the water or detectable off flavor in the flesh of fish, or in amounts sufficient to produce objectionable odor, turbidity, or other conditions in the receiving waters.
e. There shall be no discharge of cleaning wastes, biocides, pathogenic organisms, toxic, radioactive, corrosive, or other deleterious substances at levels or in combinations sufficient to be toxic or harmful to human, animal, plant or aquatic life, or in amounts sufficient to interfere with any beneficial use of the water.
f. There shall be no discharge of substances or conditions or combinations thereof in concentrations which produce undesirable aquatic life.
g. The discharge shall not cause the temperature of the receiving water to vary by more than 1.5 deg.F (0.9 deg.C) from ambient conditions.
h. The discharge shall not cause the dissolved oxygen level in the receiving water to drop below 6.0 mg/l.
i. The discharge shall not cause a change in channels, basic geometry or fresh water influx which would cause permanent changes in isohaline patterns of more than 10% from the natural conditions or which would otherwise adversely affect the indigenous biota and natural sedimentary patterns.
j. The use of products containing formaldehyde is prohibited.
2. Additional Conditions
a. The permittee shall also comply with all requirements included under their individual 401 certification.
b. If CNMI or USEPA believes, based on monitoring data, facility inspections, or receiving water quality that a permittee's discharge is, or may be causing or contributing to exceedances of water quality criteria, or in any way impacting seagrass beds or live coral reef habitat, USEPA may require the facility to obtain an individual permit. An individual permit may include additional, or more stringent effluent limitations, additional effluent and/or receiving water monitoring, including whole effluent toxicity testing and/or dye/tracer studies to determine the extent (if any) of the impacts.
3. Reporting and Monitoring
a. Reporting of Monitoring Results
Monitoring results obtained during the previous 3 months shall be summarized for each month and submitted on forms to be supplied by the Regional Administrator, to the extent that the information reported may be entered on the forms. The results of all monitoring required by this permit shall be submitted in such a format as to allow direct comparison with the limitations and requirements of this permit. Unless otherwise specified, discharge flows and pH shall be reported in terms of the average value over each 30-day period and the maximum recorded value over that 30-day period. Monitoring reports shall submitted on a quarterly basis and be postmarked no later than the 28th day of the month following the completed reporting period. The first report is due thirty days after the effective date of this permit. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the Regional Administrator and the Commonwealth at the following addresses:
Regional Administrator, Environmental Protection Agency, Attention: CMD-1, 75 Hawthorne Street, San Francisco, CA 94105 Director, Div. of Environmental Quality, P.O. Box 1304, Saipan, MP 96950.
b. Twenty-Four Hour Reporting of Noncompliance
The permittee shall report any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances to the following person or their office: Director, Div. of Environmental Quality 670/664-8500 or 664-8501.
If the permittee is unsuccessful in contacting the person above, he/she shall report by 9 a.m. on the first business day following the noncompliance. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including dates and times, and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
c. Definitions
1. A ``discrete'' sample means any individual sample collected in less than 15 minutes. A ``discrete'' sample for enteric virus means any individual sample collected in less than 3 hours.
2. The ``daily maximum'' concentration means the measurement made on any single discrete sample or composite sample.
d. Monitoring Modification
Monitoring, analytical, and reporting requirements may be modified by the
[Page 15753]Regional Administrator upon due notice.
4. EPA Region 9 Standard Conditions (Not Included)
FR Doc. 99-7770Filed3-31-99; 8:45 amBILLING CODE 6560-50-P
