314 C.M.R. 2.05 – Preparation of Fact Sheet or Statement of Basis for Permits

(1) For every draft individual or general permit for surface water discharge(s); individual or general permit for groundwater discharge(s); permit for a RCRA facility; and permit with provisions for reclaimed water, the Department shall prepare a fact sheet or statement of basis for the permit in accordance with 314 CMR 2.05. A fact sheet or statement of basis is not required for issuance of general permit coverage or sewer connection permits issued in accordance with 314 CMR 7.00: Sewer System Extension and Connection Permit Program. The Department will send a copy of the fact sheet or statement of basis to the applicant or permittee(s), as applicable, and, on request, to any other person.
(2) A fact sheet shall be prepared for every draft general groundwater discharge permit; general surface water discharge permit; permit for a major groundwater discharge; Type I and Type II NPDES permit; permit with provisions on reclaimed water; groundwater discharge permit with Special Effluent Limitations pursuant to 314 CMR 5.10(9): Special Effluent Limitations; and for every draft permit which the Department finds is the subject of widespread public interest or raises major issues.
(3) The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit. For an individual permit, the Department shall send a copy of the fact sheet and draft permit to the applicant and, on request, a copy of the fact sheet, permit application and draft permit to any other person. For a general permit, on request, the Department shall send a copy of the fact sheet and draft permit to any person. For general groundwater discharge permit coverage, the Department shall send a coverage determination to the applicant. On request, the Department shall send a copy of the application for general permit coverage and the coverage determination to any other person. The Department may charge a fee in connection with responding to such requests. The fact sheet shall include where applicable:
1. (a) A brief description of the type of facility or activity that is the subject of the draft permit;
2. (b) The type and quantity of wastes, fluids, or pollutants which are proposed to be or are being treated, stored, disposed of, injected, emitted, or discharged;
3. (c) A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions;
4. (d) Reasons why any requested variances or alternatives to required standards, "Special Effluent Limitations" proposed pursuant to 314 CMR 5.10(9): Special Effluent Limitations, or antidegradation authorization requested pursuant to 314 CMR 4.04: Antidegradation Provisions, do or do not appear justified;
5. (e) A description of the procedures for reaching a determination on the draft permit including:
  1. 1. the beginning and ending dates of the comment period under 314 CMR 2.06 and the address where comments will be received;
  2. 2. procedures for requesting a public hearing and the nature of that hearing under 314 CMR 2.07; and
  3. 3. any other procedure by which the public may participate in the determination;
6. (f) Name and contact information, which may include telephone number and email address, of a person to contact for additional information;
7. (g) Any calculations or other necessary explanation of the derivation of specific effluent limitations and conditions, including a citation to any applicable effluent limitation guideline or performance standard provisions and reasons why they are applicable or an explanation of how the alternate effluent limitations, conditions, or standards were developed;
8. (h) When the draft permit contains any of the following conditions, an explanation of the reasons why such conditions are applicable:
  1. 1. limitations to control toxic pollutants;
  2. 2. limitations on internal waste streams; or
  3. 3. limitations on indicator pollutants;
9. (i) When appropriate, a sketch or detailed description of the location of the discharge described in the application; and
10. (j) In addition to the above, for a draft permit that contains:
  1. 1. provisions on reclaimed water, the address of each location at which reclaimed water would be allowed to be discharged or used, along with a brief description of the purpose(s) for which reclaimed water could be discharged or used at each such location;
  2. 2. Pursuant to 314 CMR 5.10(9): Special Effluent Limitations, the address of each property at which the groundwater would not be required to meet the more stringent of water quality based or technology based effluent limitations as a result of the discharge and a map of the aggregate areas encompassing all such properties.
(4) Where a request for a determination under 33 U.S.C. § 1326, § 316(a), has been filed relative to a surface water discharge permit, the fact sheet also shall contain:
1. (a) A statement that the thermal component of the discharge is subject to effluent limitations under 33 U.S.C. § 1311 or 1316, § 301 or 306, and a brief description, including a quantitative statement, of the thermal effluent limitations proposed under 33 U.S.C. § 1311 or 1316, § 301 or 306;
2. (b) A statement that a 33 U.S.C. § 1326(a), § 316(a), request has been filed and that alternative less stringent effluent limitations may be imposed on the thermal component of the discharge under 33 U.S.C. § 1326(a), § 316(a), and a brief description, including a quantitative statement, of the alternative effluent limitations, if any, in the request; and
3. (c) If the applicant has filed an early screening request for a 33 U.S.C. § 1326(a), § 316(a), variance, a statement that the applicant has submitted such a plan.
(5) The Department shall prepare a statement of basis for every draft permit for which a fact sheet is not prepared. The statement of basis shall briefly describe the derivation of the conditions of the draft permit and the reasons for them, including references to applicable statutory or regulatory provisions. For a tentative determination to modify, deny, suspend or revoke an individual permit, or to modify, suspend or revoke a general permit or general permit coverage, the Department shall prepare a statement of the reasons supporting the tentative determination, including references to applicable statutory or regulatory provisions. For a determination to deny general permit coverage, the Department shall prepare a statement of the reasons supporting the determination, including references to applicable statutory or regulatory provisions. The statement of basis or statement of reasons shall be sent to the applicant or permittee(s), as applicable, and, on request, to any other person. The Department may charge a fee in connection with responding to such requests.