Wyo. Code R. 020-0011-2
Effective Date: 03/23/2015 to 08/06/2025
Rule Type: Superceded Rules & Regulations
Reference Number: 020.0011.2.03232015
FOR DISCHARGES TO WYOMING SURFACE WATERS
(a) Authority. This regulation is promulgated pursuant to Wyoming Statute 35-11-101 through 35-11-1803, and specifically 35-11-301(a) (i), (ii), and (iv), and 35-11-302 (a) (ii), (iii) and (v) and regulations adopted pursuant to Section 402 (b) of the Federal Water Pollution Control Act (Clean Water Act) and amendments to that Act through July 1, 2004 for the purpose of instituting a permit issuance program in conformity with the requirements of the Environmental Quality Act and the National Pollutant Discharge Elimination System (NPDES), for point source discharges into surface waters of the state. Nothing in these regulations is intended to expand the scope of the Environmental Quality Act, as limited in W.S. 35-11-1104 nor do these regulations supersede or abrogate the authority of the state to appropriate quantities of water for beneficial uses.
(b) Incorporation by reference. Throughout these regulations, standards and requirements promulgated by the US Environmental Protection Agency (EPA) have been adopted and incorporated by reference. All references are from the Code of Federal Regulations dated July 1, 2004, unless otherwise noted. This incorporation does not include later amendments or editions of the incorporated material.
Applicable federal regulations related to the states NPDES primacy include: 40 CFR Parts 122, 123, 124, 125, 129, 133, 136 and Subchapter N (parts 400 through 471). State program authority does not include pretreatment or biosolids requirements. Implementation of and authority over the pretreatment and biosolids requirements remain with the U.S. EPA.
(c) Purpose. The purpose of these rules and regulations is to establish a permitting system for the issuance of permits as authorized pursuant to Section 402 (b) of the Clean Water Act (CWA), 33 U.S.C. § 1342(b), as amended in 1987. This permitting system provides the mechanism for establishing effluent limitations in WYPDES permits which specify maximum amounts or concentrations of pollution and wastes which may be discharged into surface waters of the state.
(a) Discharges required to be permitted. All discharges into surface waters of the state as defined in (i), (ii), (iii) and (iv) below shall be permitted as described in these regulations.
(i) All effluent discharges not described in (ii), (iii) and (iv) below;
(ii) All storm water discharges from industrial, construction, and municipal facilities as described in Section 6 of these regulations;
44 45 (iii) Point source discharges of dredged or fill material into isolated wetlands 46 which are: 47 48 (A) Not subject to regulation by the Army Corps of Engineers under 49 Section 404 of the CWA; or, 50 51 (B) Not subject to a permit or authorization from the Wyoming 52 Department of Environment Quality, Land Quality Division for mining activities. 53 54 (iv) Silvicultural point sources, as defined in Section 3 (b) (lxxxv), are point 55 sources subject to the applicable provisions of these regulations. 56 57 (b) Exclusions. The following discharges do not require WYPDES permits: 58 59 (i) Discharges of dredged or fill material into waters of the United States 60 which are regulated under Section 404 of the CWA. 61 62 (ii) The introduction of sewage, industrial wastes or other pollutants into 63 publicly owned treatment works by indirect dischargers. 64 65 (iii) Any discharge in compliance with the instructions of an On-Scene 66 Coordinator pursuant to 40 CFR 300 (The National Oil and Hazardous Substances Pollution 67 Contingency Plan) or 33 CFR 153.10 (e) (Pollution by Oil and Hazardous Substances). 68 69 (iv) Any introduction of pollutants from non-point source agricultural and 70 silvicultural activities. 71 72 (v) Return flows from irrigated agriculture. 73 74 (vi) Discharges into privately owned treatment works. 75 76 (vii) Discharges of dredge or fill material 77 78 (A) from normal farming, silviculture, and ranching 79 activities such as plowing, seeding, cultivating, minor drainage, harvesting for the production of 80 food, fiber, and forest products, or upland soil and water conservation practices; 81 82 (B) for the purpose of maintenance, including emergency 83 reconstruction of recently damaged parts, of currently serviceable structures such as dikes, dams, 84 levees, groins, riprap, headwaters, causeways, and bridge abutments or approaches, and 85 transportation structures; 86 87 (C) for the purpose of construction or maintenance of farm or stock 88 ponds or irrigation ditches, or the maintenance of drainage ditches; 89
90 (D) for the purposes of construction of temporary sedimentation 91 basins on a construction site which does not include placement of fill material into surface waters 92 of the state;
93 94 (E) for the purpose of construction or maintenance of farm roads or 95 forest roads, or temporary roads for moving mining equipment, where such roads are constructed 96 and maintained, in accordance with best management practices, to assure that flow and 97 circulation patterns and chemical and biological characteristics of surface waters of the state are 98 not impaired, that the surface water of the state is not reduced, and that any adverse effect on the 99 aquatic environment will be otherwise minimized;
100 101 (F) resulting from any activity with respect to which is in accordance 102 with the requirements of section 208 (b) (4) (B) and (C) of the CWA.
103 104 (c) No conveyance of property rights or exclusive privilege. The issuance of a 105 permit does not convey any property rights of any sort, or any exclusive privilege. The issuance 106 of a permit does not authorize any injury to persons or property or invasion of other private rights, 107 or any infringement of state or local law or regulations. Except for any toxic effluent standards 108 and prohibitions imposed under Section 307 of the CWA, compliance with a permit during its 109 term constitutes compliance, for purposes of enforcement, with Sections 301, 302, 306, 307, 318, 110 and 405 (a) of the CWA.
111 112 (d) Interpretation of “waters of the United States” All references to the CWA where 113 there is reference to the phrase “water(s) of the United States” shall be interpreted as “surface 114 waters of the state” for purposes of this rule. This interpretation does not expand the CWA 115 implementation authorities of federal agencies.
117 (a) Definitions in W.S. 35-11-103 (a) and (c). Definitions in W.S. 35-11-103 (a) and 118 (c) which are applicable to these rules are reiterated in this section.
119 120 (i) “Department” means the Wyoming Department of Environmental 121 Quality.
122 123 (ii) “Director” means the director of the Department of Environmental 124 Quality.
125 126 (iii) “Discharge” means any addition of any pollution or wastes to any waters 127 of the state.
128 129 (iv) “Ecological function” means the ability of an area to support vegetation 130 and fish and wildlife populations, recharge aquifers, stabilize base flows, attenuate flooding, trap 131 sediment and remove or transform nutrients and other pollutants.
132 133 (v) “Mitigation” means all actions to avoid, minimize, restore and 134 compensate for ecological functions or wetland values lost.
135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179
(vi) “Nonpoint source” means any source of pollution other than a point source. For purposes of W.S. 16-1-201 through 16-1-207 only, nonpoint source includes leaking underground storage tanks as defined by W.S. 35-11-1415 (a) (ix) and aboveground storage tanks as defined by W.S. 35-11-1415 (a) (xi).
(vii) “Person” means an individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality or any other political subdivision of the state, or any interstate body or any other legal entity.
(viii) “Point source” means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft, from which pollutants are or may be discharged.
(ix) “Pollution” means contamination or other alteration of the physical, chemical or biological properties of any waters of the state, including change in temperature, taste, color, turbidity or odor of the waters or any discharge of any acid or toxic material, chemical or chemical compound, whether it be liquid, gaseous, solid, radioactive or other substance, including wastes, into any waters of the state which creates a nuisance or renders any waters harmful, detrimental or injurious to public health, safety or welfare, to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wildlife or aquatic life, or which degrades the water for its intended use, or adversely affects the environment. This term does not mean water, gas or other material which is injected into a well to facilitate production of oil, or gas or water, derived in association with oil or gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the state, and if the state determines that such injection or disposal well will not result in the degradation of ground or surface or water resources.
(x) “Wastes” means sewage, industrial waste and all other liquid, gaseous, solid, radioactive, or other substances which may pollute any waters of the state.
(xi) “Waters of the state” means all surface and groundwater, including waters associated with wetlands, within Wyoming.
(xii) “Wetlands” means those areas in Wyoming having all three (3) essential characteristics:
(A) Hydrophytic vegetation; (B) Hydric soils; and (C) Wetland hydrology.
180 (xiii) “Wetland value” means those socially significant attributes of wetlands 181 such as uniqueness, heritage, recreation, aesthetics and a variety of economic values.
182 183 (b) Supplemental definitions. The following definitions supplement those 184 definitions contained in W.S. 35-11-103.
185 186 (i) “Administrator of the EPA” means the chief executive officer of the U.S. 187 Environmental Protection Agency.
188 189 (ii) “Administrator” means the administrator of the Water Quality Division, 190 Wyoming Department of Environmental Quality.
191 192 (iii) “Affected land” means the area of land from which overburden is 193 removed, or upon which overburden, development waste rock or refuse is deposited, or both, 194 access roads, haul roads, mineral stockpiles, mill tailings, impoundment basins, and all other 195 lands whose natural state has been or will be disturbed as a result of mining operations.
196 197 (iv) “Animal feeding operation” is defined in Appendix G.
198 199 (v) “Applicable effluent standards and limitations” means all state and 200 federal effluent standards and limitations to which a discharge is subject to under the 201 Environmental Quality Act, or the CWA, including, but not limited to, effluent limitations, 202 standards of performance, toxic effluent standards and prohibitions, and pretreatment standards.
203 204 (vi) “Applicable water quality standards” means all water quality standards to 205 which a discharge is subject under Wyoming Water Quality Rules and Regulations, Chapter 1.
206 207 (vii) “Applicant” means the person responsible for submitting a completed 208 application form for a WYPDES permit and the person who will have primary responsibility for 209 meeting the requirements of the permit. Applicant is usually the owner of the facility from which 210 discharge is or will be occurring; however, when a facility is operated by someone other than the 211 owner, the operator is the applicant.
212 213 (viii) “Application” means an application form upon which the applicant has 214 provided the requested information in order to obtain a WYPDES permit, modification to a 215 WYPDES permit or renewal of a WYPDES permit.
216 217 (ix) “Application form” means the uniform state or national forms, including 218 subsequent revisions or modifications, for application for a new, modified or reissued individual 219 WYPDES permit.
220 221 (x) “Aquaculture project” means a defined managed water area which uses 222 discharges of pollutants into that designated area for the maintenance or production of harvestable 223 freshwater plants or animals.
225 (xi) “Authorization” means the written approval granted by the department to 226 a person or facility which states that a discharge from the facility is permitted under a general 227 permit and which is subject to the conditions set forth in the general permit. “Authorization” also 228 means the modifications to a previously issued authorization that are made to accommodate an 229 alteration in the conditions under a previous authorization or an extension of the allowed time for 230 discharge to occur that was established under a previous authorization.
231 232 (xii) “Best Management Practices (BMPs)” means schedules of activities, 233 prohibitions of practices, maintenance procedures, and/or other management practices to prevent 234 or reduce the pollution of “waters of the state.” BMPs also include treatment requirements, 235 operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste 236 disposal, or drainage from raw material storage.
237 238 (xiii) “Bypass” means the intentional diversion of waste streams from any 239 portion of a treatment facility.
240 241 (xiv) “CFR” means Code of Federal Regulations. All references to the Code 242 refer to the CFR dated July 1, 2004.
243 244 (xv) “Compliance schedule” means a schedule of remedial measures included 245 in a permit that establishes an enforceable sequence of actions or operations leading to 246 compliance with an effluent limitation, other limitation, prohibition, or standard.
247 248 (xvi) “Concentrated animal feeding operation” means an animal feeding 249 operation (other than an aquatic animal production facility) which meets the criteria in Appendix 250 G of these regulations.
251 252 (xvii) “Concentrated aquatic animal production facility” means a hatchery, fish 253 farm, or other facility which meets the criteria as defined in Appendix F of these regulations, or 254 an aquatic animal production facility that is designated as concentrated by the department as a 255 result of its significant contribution of pollution to surface waters of the state.
256 257 (xviii) “Co-permittee” means a permittee to a WYPDES permit that is only 258 responsible for permit conditions relating to the discharge for which it is operator.
259 260 (xix) “CWA” means the federal Clean Water Act.
261 262 (xx) “Daily average” means the average concentration determined by the 263 arithmetic mean of all samples collected within a calendar day.
264 265 (xxi) “Daily maximum” means the highest single reading from any grab or 266 composite sample collected during the reporting period, except in the case of Coal Mining 267 Operations, where the definition means the value determined by an analysis of a properly 268 preserved composite sample composed of a minimum of four grab samples collected at equally 269 spaced two hour intervals and proportioned according to flow at the time of sampling.
271 (xxii) “Designated project areas” means the portions of surface waters of the 272 state within which the permittee or permit applicant plans to confine the cultivated species, using 273 a method, plan or operation (including, but not limited to, physical confinement) which, on the 274 basis of reliable scientific evidence, is expected to ensure that specific individual organisms 275 comprising an aquaculture crop will experience increased growth attributable to the discharge of 276 pollutants, and be harvested within a defined geographic area.
277 278 (xxiii) “Designated uses” means those uses specified in water quality standards 279 for each water body or segment whether or not they are being attained.
280 281 (xxiv) “Duly authorized representative” means an individual or position having 282 responsibility for the overall operation of the regulated facility or activity, or an individual or 283 position having overall responsibility for environmental matters for the regulated facility who has 284 been designated by a person described in Section 14 (a) of these regulations, through the 285 submittal to the administrator of a written notification, as the individual or position authorized to 286 sign reports required by the permits or certify other information requested by the administrator.
287 288 (xxv) “Effluent” means the pollutant or waste stream from a facility that is 289 being or is proposed to be discharged.
290 291 (xxvi) “Effluent limitation” means any restriction established by the state or by 292 the Administrator of the EPA on quantities, rates and/or concentrations of chemical, physical, 293 biological, and other constituents which are discharged from point sources into surface waters of 294 the state.
295 296 (xxvii) “EPA” means the United States Environmental Protection Agency.
297 298 (xxviii) “Facility” means any WYPDES point source or collection of point 299 sources or any other facility or activity (including land or appurtenances thereto associated with 300 the operation of the facility) that is subject to regulation under the WYPDES program.
301 302 (xxix) “Fact sheet” means the application materials, a draft copy of the permit, a 303 statement of basis and the public notice.
304 305 (xxx) “Federal Act” means the Federal Water Pollution Control Act (Clean 306 Water Act) as amended in 1987, 33 U.S.C. 1251 et seq. as amended.
307 308 (xxxi) “Fill material” means any material used for the primary purpose of 309 replacing an aquatic area with dry land or of changing the bottom elevation of a waterbody. The 310 term does not include any pollutant discharged into the water primarily to dispose of waste, as 311 that activity is regulated under Section 5 of these regulations.
312 313 (xxxii) “Flow monitoring station” means a designated point where stream flow 314 is measured.
315
316 (xxxiii) “Form” means any issued permit and any uniform state or national form 317 developed for use in the WYPDES system or these regulations.
318 319 (xxxiv) “General permit” means a permit to discharge which authorizes a 320 category of discharges within a specified geographic area.
321 322 (xxxv) “Grab sample” means a single “dip and take” sample collected at a 323 representative point in the discharge stream.
324 325 (xxxvi) “Hydric soil” means a soil that formed under conditions of saturation, 326 flooding or ponding long enough during the growing season to develop anaerobic conditions in 327 the upper part.
328 329 (xxxvii) “Hydrophytic vegetation” means a community of plants where, under 330 normal circumstances more than 50 percent of the composition of the dominant species from all 331 strata are obligate wetland (OBL), facultative wetland (FACW), and/or facultative (FAC) species; 332 or a frequency analysis of all species within the community yields a prevalence index value of 333 less than 3.0 (where OBL = 1.0, FACW = 2.0, FAC = 3.0, FACU (facultative upland) = 4.0, and 334 UPL (upland species) = 5.0).
335 336 (xxxviii) “Illicit discharge” means any discharge to a municipal separate 337 storm sewer that is not composed entirely of storm water except discharges pursuant to a 338 WYPDES permit (other than the WYPDES permit for discharges from the municipal separate 339 storm sewer) and discharges resulting from fire fighting activities.
340 341 (xxxix) “Incorporated place” means a city, town, township or village that 342 is incorporated under the laws of the State of Wyoming.
343 344 (xl) “Individual permit” means a permit to discharge to surface waters of the 345 state issued to a facility for specific activities in accordance with the regulations contained herein.
346 347 (xli) “Industrial user” means those industries identified in the Standard 348 Industrial Classification Manual, Bureau of the Budget, 1967, as amended and supplemented, 349 under the category ‘Division D - Manufacturing’ and such other classes of significant waste 350 producers as, by regulation, the administrator deems appropriate.
351 352 (xlii) “Instantaneous maximum” means the value determined by an analysis of 353 a single properly preserved grab sample.
354 355 (xliii) “Irrigation compliance point” means a point downstream of the outfall 356 but before the first irrigation diversion where, when indicated in the permit, specified effluent 357 limitations must be met.
358 359 (xliv) “Isolated wetlands” means wetlands as defined by the Environmental 360 Quality Act and Section 3 of these regulations which do not meet the federal definition of waters
361 of the United States but meet the state's definition of waters of the state as defined in the 362 Environmental Quality Act.
363 364 (xlv) "Major facility" means:
365 366 (A) For municipal wastewater treatment facilities, 1) those facilities 367 with design flows greater than one million gallons per day or with an approved industrial 368 pretreatment program and 2) which have been designated by the director and Regional 369 Administrator of the EPA as a major facility.
370 371 (B) For industrial facilities, those facilities that 1) have a potential to 372 discharge a total volume of greater than 50,000 gallons per day and 2) which have been 373 designated by the director and Regional Administrator of the EPA as a major facility.
374 375 (xlvi) "Major modification" means any modification that is not defined as a 376 minor modification.
377 378 (xlvii) "Main stem" means the major channel of a river or stream as shown on 379 the latest and most detailed records of the Wyoming State Engineer.
380 381 (xlviii) "MGD" means million gallons per day.
382 383 (xlix) "Micrograms per liter (µg/l)" means micrograms of solute per liter of 384 solution equivalent to parts per billion (ppb) in liquids, assuming unit density.
385 386 (l) "Milligrams per liter (mg/l)" means milligrams of solute per liter of 387 solution equivalent to parts per million (ppm) in liquids, assuming unit density.
388 389 (li) "Minor facility" means any discharge which is not identified by the 390 director and the Regional Administrator of the EPA, as a major facility.
391 392 (lii) "Minor modification" means
393 394 (A) correcting typographical errors; or
395 396 (B) increasing the frequency of monitoring or reporting by the 397 permittee; or
398 (C) changing an interim date in a schedule of compliance, provided 399 the new date of compliance is not more than 120 days after the date specified in the existing 400 permit and does not interfere with attainment of the final compliance date requirement; or
401 402 (D) allowing for a transfer in ownership or operational control of a 403 facility where the division determines that no other change in the permit is necessary, provided 404 that a written agreement containing a specific date for transfer of permit responsibility, coverage 405 and liability between the current and new permittees has been submitted to the department; or
406
407 (E) changing the construction schedule for a discharger which is a 408 new source, but no such change shall affect a discharger's obligation to have all pollution control 409 equipment installed and in operation prior to discharge; or
410 411 (F) deleting a point source outfall when the discharge from that 412 outfall is terminated and does not result in discharge of pollutants from other outfalls except in 413 accordance with permit limits; or
414 415 (G) adding additional wells to an existing permitted outfall provided 416 that the flow volume specified in the permit is not exceeded, the source or quality of the effluent 417 is similar in nature and consists of similar pollutants and the additional effluent will comply with 418 all of the existing permit conditions.
419 420 (liii) "Mixing zone" means limited area or volume of a surface water body 421 within which an effluent becomes thoroughly mixed with the water body.
422 423 (liv) "Modification" means adjustments in permit conditions which result 424 from alterations in the configuration or operation of a facility from what was identified in the 425 application for the permit most recently noticed or authorized.
426 427 (lv) "MS4" means a municipal separate storm sewer system.
428 429 (lvi) "Municipal separate storm sewer" means a conveyance or system of 430 conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, 431 gutters, ditches, man-made channels, or storm drains):
432 433 (A) Owned or operated by the United States, a state, city, town, 434 county, district, association, or other public body (created by or pursuant to state law) having 435 jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including 436 special districts under state law such as a sewer district, flood control district or drainage district, 437 or similar entity, or a designated and approved management agency under section 208 of the 438 CWA that discharges to surface waters of the state;
439 440 (B) Designed or used for collecting or conveying storm water;
441 442 (C) Which is not a combined sewer; and
443 444 (D) Which is not part of a publicly owned treatment works (POTWs) 445 as defined at 40 CFR 403.3.
446 447 (lvii) "Municipality" means a city, town, county, district, association, or other 448 public body created by or under state law and having jurisdiction over disposal of sewage, 449 industrial wastes, or other wastes, or a designated and approved management agency under 450 section 208 of the CWA (1987).
451
452 (lviii) “National Pollutant Discharge Elimination System” means the federal 453 program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing 454 permits and imposing and enforcing pretreatment requirements, under section 307, 318, 402, and 455 405 of the CWA.
456 457 (lix) “Natural” means that condition which would exist without the 458 measurable effects or measurable influence of man’s activities.
459 460 (lx) “Natural water quality” means that quality of water which would exist 461 without the measurable effects or measurable influence of man’s activities.
462 463 (lxi) “Net oil and grease” means the results from a 1664-Cu analysis which 464 represents the oil and grease concentration corrected for elemental sulphur.
465 466 (lxii) “New discharger” means any building, structure, facility, or installation:
467 468 (A) from which there is or may be a discharge of pollution or wastes;
469 470 (B) that did not commence the discharge of pollution or wastes at a 471 particular “site” prior to August 13, 1979;
472 473 (C) which is not a new source; and
474 475 (D) which has never received a finally effective NPDES or 476 WYPDES permit for discharges at that site.
477 478 (lxiii) “New facility” means a facility for which a discharge is being proposed 479 but is not yet occurring, or a facility from which a discharge is occurring, where no permit or 480 authorization for such discharge has been issued by the department.
481 482 (lxiv) “New source” means any source, the construction of which is 483 commenced after publication by the Administrator of the EPA of a proposed standard of 484 performance, which will be applicable to such source if promulgated.
485 486 (lxv) “Non-process wastewater” means any water which, during 487 manufacturing or processing is not defined as process wastewater.
488 489 (lxvi) “Notice” means the announcement to the public, in accordance with the 490 provisions of Section 15 of this regulation, of the intention of the department to issue, reissue, 491 modify, terminate, deny or revoke a permit, or hold a public hearing.
492 493 (lxvii) “Notice of intent” means the form which is used to apply for new, 494 modified, or extended authorization to discharge as sanctioned by a general permit.
495 496 (lxviii) “NPDES” means National Pollutant Discharge Elimination System.
497
498 (lxix) “Outfall” means the point at which a discharge exits the final treatment 499 unit, if any, associated with a facility prior to entering surface waters of the state.
500 501 (lxx) “Overburden” means any material of any nature, consolidated or 502 unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally occurring 503 surface materials that are not disturbed by mining operations.
504 505 (lxxi) “Owner or operator” means the owner or operator of any facility or 506 activity subject to regulation under the WYPDES program. The owner or operator is the person 507 applying for a WYPDES permit or authorization who will be responsible for complying with the 508 requirements of the permit or authorization.
509 510 (lxxii) “Permit” means any permit issued by the Administrator of the EPA under 511 the NPDES program or by the administrator of the Water Quality Division in accordance with 512 these regulations.
513 514 (lxxiii) “pH” means a term used to express the intensity of acid or alkaline 515 conditions. pH is a measure of the hydrogen ion activity in a water sample. It is mathematically 516 related to hydrogen ion activity according to the expression: pH = -log 10 (H+), where (H+) is the 517 hydrogen ion activity. A pH value of 7 at 25 degrees C is neutral, with pHs of less than seven (7) 518 progressively more acid and pHs of greater than seven (7) progressively more basic (alkaline).
519 520 (lxxiv) “Point of compliance” means a point downstream from the outfall where 521 effluent limitations specified in a permit must be achieved.
522 523 (lxxv) “Pollutant” means dredged spoil, solid waste, incinerator residue, filter 524 backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, 525 radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended 526 [42 U.S.C. 2011 et seq.]), heat, wrecked or discarded equipment, rock, sand, cellar dirt and 527 industrial, municipal, and agricultural waste discharged into water. It does not mean sewage from 528 vessels; or water, gas, or other material which is injected into a well to facilitate production of oil 529 or gas, or water derived in association with oil and gas production and disposed of in a well, if the 530 well used either to facilitate production or for disposal purposes is approved by authority of the 531 state and if the state determines that the injection or disposal will not result in the degradation of 532 ground or surface water resources.
533 534 (lxxvi) “POTW” means a publicly owned treatment work.
535 536 (lxxvii) “Pretreatment standards” means standards for that level of treatment 537 required of waste before introduction into a publicly owned treatment works so that it neither 538 interferes with, passes through, or otherwise is incompatible with such works.
539 540 (lxxviii) “Primary industrial facility” means a facility that falls into one of 541 the defined primary industrial categories listed in 40 CFR Part 122 Appendix A.
542
543 (lxxix) “Process wastewater” means any water which during 544 manufacturing or processing, comes into direct contact with or results from the production or use 545 of any raw material, intermediate product, finished product, byproduct, or waste product.
546 547 (lxxx) “Produced water” means underground water which surfaces through oil 548 and/or gas wells.
549 550 (lxxxi) “Regional Administrator” means the EPA Region VIII Administrator.
551 552 (lxxxii) “Reporting form” means the uniform state or national forms, including 553 subsequent revision and modification, for reporting data and information pursuant to monitoring 554 and other conditions of WYPDES permits.
555 556 (lxxxiii) “Severe property damage” means substantial physical damage to 557 property, damage to the treatment facilities which causes them to become inoperable, or 558 substantial and permanent loss of natural resources which can reasonably be expected to occur in 559 the absence of a bypass. Severe property damage does not mean economic loss caused by delays 560 in production.
561 562 (lxxxiv) “Significant materials” includes, but is not limited to: raw materials; 563 fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as 564 metallic products; raw materials used in food processing or production; hazardous substances 565 designated under section 101(14) of CERCLA; any chemical the facility is required to report 566 pursuant to Section 313 of title III of SARA; fertilizers; pesticides; and waste products such as 567 ashes, slag and sludge that have the potential to be released with storm water discharges.
568 569 (lxxxv) “Silvicultural point source” means any discernible, confined and discrete 570 conveyance related to rock crushing and gravel washing as defined in 40 CFR Part 436, subpart B 571 and, log sorting, or log storage facilities as defined in 40 CFR Part 429, subpart I which are 572 operated in connection with silvicultural activities and from which pollutants are discharged into 573 surface waters of the state. The term does not include nonpoint source silvicultural activities such 574 as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, 575 prescribed burning, pest and fire control, harvesting operations, surface drainage, or road 576 construction and maintenance from which there is natural runoff. However, some of these 577 activities may involve point source discharges of dredged or fill material which may require a 578 permit under Section 404 of the CWA or Section 7 of these regulations.
579 580 (lxxxvi) “Site” means the land or water area where any facility or activity 581 is physically located or conducted, including adjacent land used in connection with the facility or 582 activity.
583 584 (lxxxvii) “Skim ponds” means earthen ponds usually used in conjunction 585 with heater treaters and/or free water knockout units and/or skim tanks, into which produced 586 water is discharged with the purpose of providing gravity separation of oil and water. Skim 587 ponds are usually designed with a “stand pipe” which discharges relatively oil-free water from
588 near the bottom of the pond while the majority of the oil is allowed to float to the top of the pond 589 where it is collected.
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near the bottom of the pond while the majority of the oil is allowed to float to the top of the pond where it is collected.
(lxxxviii) "Standard Industrial Classification (SIC) Code" means the statistical classification standard for industrial establishments developed by the Office of Management and Budget and published in the Standard Industrial Classification Manual, Executive Office of the President, Office of Management and Budget (1987).
(lxxxix) "Storm water" means storm water runoff, snow melt runoff, and surface runoff and drainage.
(xc) "Storm water discharge associated with industrial activity" is defined in Section 6 (g) of these regulations.
(xci) "Surface waters of the state" means surface waters of the state as defined in Wyoming Water Quality Rules and Regulations Chapter 1, Wyoming Surface Water Quality Standards.
(xcii) "Technology-based effluent limit" means a permit limit for a pollutant that has been adopted pursuant to Section 5 (c) (iii) (A) and (B) of these regulations and 304 (b) of the CWA that is based on the capability of a treatment method(s) to reduce the pollutant to a certain concentration.
(xciii) "Toxic materials" means those materials, or combination of materials, 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, will, on the basis of information available to the director of the Wyoming Department of Environmental Quality, cause death, disease, behavioral abnormalities, cancer, genetic malfunctions, physiological malfunctions (including malfunctions in reproduction), or physical deformations in such organisms or their offspring.
(xciv) "Toxicity reduction evaluation" means a site-specific study conducted in a step-wise process designed to identify the causative agent(s) of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and then confirm the reduction in effluent toxicity.
(xcv) "Tributary" means those streams or stream segments which flow into or contribute water to another stream, stream segment, downstream reach of the same stream, or other water body.
(xcvi) "Uncontrolled sanitary landfill" means a landfill or open dump, whether in operation or closed, that does not meet the requirements for runon or runoff controls established pursuant to RCRA Subtitle D.
(xcvii) "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of
634 factors beyond the reasonable control of the permittee. An upset does not include noncompliance 635 to the extent caused by operational error, improperly designed treatment facilities, inadequate 636 treatment facilities, lack of preventive maintenance, or careless or improper operation.
637 638 (xcviii) “Variance” means any mechanism or provision under section 301 or 316 639 of the CWA or under Section 8 of these regulations, or in the applicable effluent guidelines 640 pursuant to Section 5 (c) (iii) of these regulations which allows modification to or waiver of the 641 generally applicable effluent limitation requirements or time deadlines of the CWA. This 642 includes provisions which allow the establishment of alternative limitations based on 643 fundamentally different factors or on Sections 301 (c), 301 (g), 301 (h), 301 (i), or 316 (a) of the 644 CWA.
645 646 (xcix) “Water quality based effluent limit” means a permit effluent limit 647 derived by selecting the most stringent of the effluent limits calculated using all applicable water 648 quality criteria as set forth in Wyoming Water Quality Rules and Regulations, Chapter 1 for a 649 specific point source to a specific receiving water for a given pollutant.
650 651 652 (c) “Water quality monitoring station” means a point downstream from the 653 outfall on the tributary just prior to the confluence with the main stem of the drainage and/or on 654 the mainstream above and below the confluence with the tributary where certain water quality 655 monitoring data is to be collected when specified in the permit.
656 657 (ci) “Water quality standard” means the regulations as established by 658 Wyoming Water Quality Rules and Regulations, Chapter 1 which describe the designated uses of 659 surface waters of the state, the numeric and narrative criteria that are necessary to protect the uses 660 of surface waters of the state, and an antidegradation provision which protects the natural water 661 quality of surface waters of the state.
662 663 (cii) “Wetland hydrology” means the presence of water on or near the land 664 surface at a frequency and duration to cause the formation of hydric soils and support a 665 prevalence of vegetation typically adapted to saturated and/or inundated conditions.
666 667 (ciii) “Whole effluent toxicity” means the total toxic effect of an effluent 668 measured directly with a toxicity test.
669 670 (civ) “Wyoming Pollution Discharge Elimination System (WYPDES)” means 671 the state program for issuing, modifying and reissuing, terminating, monitoring and enforcing 672 permits for discharging pollutants into surface waters of the state under the provisions of these 673 rules, W.S. 35-11- 101 through 35-11-1803 and the CWA.
674 Section 4. General Permits.
675 Provisions for the issuance of general permits are described in this section. Additional 676 requirements specific to effluent permits, storm water permits and isolated wetlands are contained 677 in sections 5, 6 and 7 of these regulations.
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679 (a) Coverage. The department may issue a general permit to cover a category of 680 discharges, except those covered by individual permits, within a geographic area which shall 681 correspond to existing geographic or political boundaries. The general permit may be written to 682 regulate:
683 684 (i) Storm water point sources except;
685 686 (A) Storm water discharges associated with industrial activities (as 687 defined in Section 6 (g) (ii) (A) through (K)) that have a potential to reach surface waters of the 688 state that are listed as being Class 1 in Appendix A of Chapter 1, Wyoming Water Quality Rules 689 and Regulations. These facilities must apply for an individual storm water permit in accordance 690 with the requirements of Section 6 (b).
691 692 (B) Storm water discharges from large or small construction activity 693 as defined in Section 6 (f) are not included in the exception of Section 4 (a) (i) (A).
694 695 (ii) Point source discharges of dredged or fill material into isolated wetlands;
696 697 698 (iii) Effluent discharges, other than discharges described in (i) and (ii) above, 699 if the sources all:
700 701 (A) Involve the same or substantially similar types of operations;
702 703 (B) Discharge the same types of pollution or wastes;
704 705 (C) Require the same effluent limitations or operating conditions;
706 707 (D) Require the same or similar monitoring; and
708 709 (E) In the opinion of the administrator, are more appropriately 710 controlled under a general permit than under individual permits. In making such a finding, the 711 administrator shall consider: the types of discharges; the expected nature of the discharges; the 712 potential for toxic and conventional pollutants in the discharges; the expected volumes of the 713 discharges; and the estimated number of discharges to be covered by the permit. The 714 administrator shall provide in the public notice of the general permit the rationale for utilizing a 715 general permit rather than individual permits for the permitted activity.
716 717 (b) Authorization to discharge.
718 719 (i) Except as otherwise provided in these regulations, any person seeking 720 coverage under a general permit shall submit to the department a complete notice of intent, 721 supplied by the administrator, to be covered by the general permit. Any person who fails to 722 submit a notice of intent in accordance with the terms of the general permit is not authorized to 723 discharge under the terms of the permit unless the general permit, in accordance with Section 4 724 (b) (v), contains a provision that a notice of intent is not required.
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(ii) The minimum requirements of the notice of intent shall be specified in the general permit and shall require the submission of information necessary for adequate program implementation. All notices of intent shall be signed as described in Section 14 of these regulations.
(iii) General permits shall specify the deadlines for submitting notices of intent and the date(s) when a discharge is authorized under the permit unless otherwise specified in the authorization.
(A) In any event, no person shall commence a discharge without having obtained written authorization from the department, and no authorization shall be issued without full compliance by the permittee with all requirements of these regulations.
(B) In any event, no person shall change or alter the conditions of an authorized discharge without having obtained an authorization from the department, and no authorization for the modification shall be issued without full compliance by the permittee with all requirements of these regulations.
(C) In any event, no person shall continue to discharge beyond the expiration date of an authorization without having obtained an extension or renewal of the authorization from the department, and no extension or renewal shall be granted without full compliance by the permittee with all requirements of these regulations.
(iv) General permits shall specify eligibility requirements for coverage under the permit and procedures for submitting notices of intent and granting authorization.
(v) Discharges other than discharges from publicly owned treatment works, combined sewer overflows, MS4s, primary industrial facilities, and storm water discharges associated with industrial activity and large construction activities may be authorized to discharge under a general permit without submitting a notice of intent where the administrator finds that a notice of intent requirement would be inappropriate. In making such a finding, the administrator shall consider: the types of discharges, the expected nature of the discharges; the potential for toxic and conventional pollutants in the discharges; the expected volumes of the discharges; and the estimated number of discharges to be covered by the permit. The administrator shall provide in the public notice of the general permit the reasons for not requiring a notice of intent, if so allowed.
(vi) The administrator may notify a discharger that it is subject to the conditions and requirements of a general permit, even if the discharger has not submitted a notice of intent to be covered.
(c) Water quality-based limits. Where sources within a specific category or subcategory of dischargers are subject to water quality-based limits imposed pursuant to Section 5 of these regulations, the source in that specific category or subcategory shall be subject to the same water quality-based effluent limitations, when applicable.
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(d) Applicable conditions. The general permit must clearly identify the applicable conditions for each category or subcategory of dischargers or treatment works treating domestic sewage covered by the permit.
(e) Exclusions. The general permit may exclude specified sources or areas from coverage.
(f) Processing procedures for notices of intent.
(i) The administrator shall review each notice of intent and make a completeness determination within 30 days of receipt of the notice of intent. If the notice of intent and supplemental information are deemed to be complete, processing of the notice of intent shall proceed in accordance with Section 4 (f) (ii). If the administrator determines that the notice of intent is incomplete, a notice shall be provided to the applicant, describing the additional information needed in order to complete the processing of the notice of intent, within 45 days of receipt of the notice of intent. The completeness of any notice of intent shall be judged independently of the status of any other notice of intent for the same facility or activity.
(ii) Upon determination of completeness or as specified in the general permit, the administrator, or his authorized representative, shall make a determination on issuance or denial of the authorization for coverage under the general permit. If the administrator, or his authorized representative, proposes that the discharge be authorized, the administrator, or his authorized representative, will also identify any conditions of authorization.
(g) Modification, revocation, renewal, extension, or termination of general permits. General permits may be issued, modified, revoked, renewed, extended, or terminated in accordance with provisions of Sections 9, 10, 11, and 12 of these regulations. Termination may apply to individual owners or operators, to several owners or operators, or to an entire general permit protection area. In cases where the termination does not affect all owners and operators, the general permit shall remain in effect with respect to those unaffected owners and operators.
(h) Permit term. General permits may be issued for a term not to exceed five (5) years, unless extended in accordance with the provisions of Section 11 of these regulations.
(i) Requiring an individual permit.
(i) The administrator, for good cause, may require any person authorized by a general permit or seeking coverage under a general permit to apply for and obtain an individual permit. Cases where an individual WYPDES permit may be required include, but are not limited to, the following:
(A) The permittee is not in compliance with the conditions of the general WYPDES permit;
816 (B) A change has occurred in the availability of demonstrated 817 technology or practices for the control or abatement of pollutants applicable to the point source; 818 819 (C) Effluent limitation guidelines are promulgated for point sources 820 covered by the general WYPDES permit; 821 822 (D) A water quality management plan containing requirements 823 applicable to such point sources is approved; 824 825 (E) Circumstances have changed since the time of the request to be 826 covered so that the discharger is no longer appropriately controlled under the general permit, or 827 either a temporary or permanent reduction or elimination of the authorized discharge is necessary; 828 829 (F) The discharge(s) is a significant contributor of pollutants. In 830 making this determination, the administrator may consider the following factors: 831 832 (I) The location of the discharge with respect to surface 833 waters of the state; 834 835 (II) The size of the discharge; 836 837 (III) The quantity and nature of the pollutants discharged to 838 surface waters of the state; and 839 840 (IV) Any other relevant factors. 841 842 (ii) Any interested person may petition the administrator to require any 843 person authorized by a general permit or seeking coverage under a general permit to apply for and 844 obtain an individual permit. 845 846 (iii) Any owner or operator authorized by a general permit may request to be 847 excluded from the coverage of the general permit by applying for an individual permit in 848 accordance with Section 5 (a) of these regulations. 849 850 (iv) When an individual permit is issued to an owner or operator otherwise 851 subject to a general permit, the applicability of the general permit to the individual permittee is 852 automatically terminated on the effective date of the individual permit. 853 854 (j) General permit coverage for discharges already covered by an individual permit. 855 A discharge excluded from a general permit solely because it already has an individual permit 856 may request that the individual permit be terminated, and that it be covered by the general permit. 857 858 (k) Application for coverage. Any owner or operator shall apply for coverage in a 859 general permit category by completing the notice of intent supplied by the administrator. 860 861 (l) Permit conditions.
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(i) General permits will include all conditions determined necessary by the state for protection of the surface waters of the state.
(ii) General permits will require a copy of the authorization letter be posted at the physical location of the permitted site in a prominent and safe place for public viewing.
(iii) General permits will require the permittee to notify all landowners, on whose property an outfall associated with the general permit is located, prior to submitting the Notice of Intent to the administrator.
(m) Application requirements for isolated wetlands. A notice of intent submitted for coverage of mitigation for activities that cause the destruction, damage or impairment of naturally occurring isolated wetlands shall contain the information as required in Section 7 (b) of these regulations.
(n) Application requirements for effluent discharges. Application requirements for effluent discharges, except for storm water discharges and isolated wetlands as described in Sections 6 and 7 respectively of these regulations.
(i) A notice of intent submitted for coverage of discharge from a new facility under a general permit shall contain, at a minimum, the following information unless the administrator determines that certain items are unnecessary:
(A) Name of company, entity, or individual seeking authorization;
(B) Identification of the facility name, location, and telephone number if applicable;
(C) Mailing address and telephone number of company, entity, or individual seeking authorization;
(D) Applicant status as federal, state, private, public, or other entity;
(E) Name and signature of responsible person;
(F) Authorization of a duly authorized representative under the Signatory Requirements of Section 14 of these rules, where applicable;
(G) Type and location, expressed in latitude and longitude to the nearest 15 seconds, of the facility from which discharge will occur;
(H) A description of the activities conducted by the applicant which require it to obtain coverage under a WYPDES permit;
907 (I) Expected quality and quantity of effluent (including maximum 908 design capacity in million gallons per day) proposed for discharge, flow rate in million gallons 909 per day or cubic feet per second and whether the proposed discharge will be continuous or 910 intermittent;
911 912 (J) Description of treatment process that will be used to reduce 913 pollutant concentrations in effluent;
914 915 (K) Outfall number(s) and latitude and longitude of each outfall 916 location to the nearest 15 seconds;
917 918 (L) Outfall number(s) and legal description(s) of each outfall 919 location to the nearest quarter/quarter of a section;
920 921 (M) Names and addresses of landowners where outfall(s) will be 922 located, if property owner is other than the applicant;
923 924 (N) Outfall number(s) and names of surface waters of the state that 925 would or potentially would directly receive any portion of the discharge for each outfall, 926 including, where applicable, a description of the tributary system from the outfall location to the 927 main stem;
928 929 (O) A topographic map extending one mile beyond the property 930 boundaries of the source, showing the location of the facility, intake structures and associated 931 outfalls and proposed monitoring and/or compliance points; each of its hazardous waste 932 treatment, storage, or disposal facilities; each well where fluids from the facility are injected 933 underground; and those wells, springs, other surface water bodies, and drinking water wells listed 934 in public records or otherwise known by the applicant in the map area. The map scale must be at 935 least 1:24,000 unless otherwise approved by the administrator.
936 937 (P) Where applicable, additional requirements as 938 specified in Appendices A through M of these regulations.
939 940 (Q) Any other information the administrator may request in order to 941 identify potential impacts to designated uses of surface waters of the state, by the proposed 942 discharge and to determine whether to issue authorization under a general permit. The additional 943 information may include additional quantitative data and bioassays to assess the relative toxicity 944 of discharges to aquatic life and requirements to determine the cause of the toxicity.
945 946 (ii) Information in addition to that described in Section 4 (n) (i) may be 947 established based on needs specific to a general permit.
948 949 (iii) A notice of intent submitted by a permittee for modification or extension 950 of existing authorization under a general permit shall identify any changes or additions to the 951 information listed in (i) and (ii) above that was provided in the notice of intent submitted for the 952 authorization most recently granted.
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(iv) A notice of intent and other documents required to accompany said notice of intent when submitted to the department must be signed and certified in accordance with the provisions of Section 14 of these regulations.
(o) Application requirements for storm water discharges.
(i) Deadlines to apply.
(A) Facilities proposing a new discharge of storm water associated with industrial activity or large construction activity shall submit a notice of intent in accordance with the provisions of Section 4 (o) (ii) of these regulations.
(B) Except as provided in Section 4 (o) (i), for any storm water discharge associated with large construction activity as described in Section 6 (f) (i) or industrial activity as identified in Section 6 (g) in place prior to the effective date of this rule, should have made application to the administrator by October 1, 1992; prior to initiation of the activity; or as specified in the applicable general permit.
(C) For any storm water discharge associated with industrial activity from a facility that is owned or operated by a municipality with a population of less than 100,000 that is not authorized by a general or individual permit other than an airport, powerplant, or uncontrolled sanitary landfill, the permit application must be submitted to the administrator by March 10, 2003 or as specified in the applicable general permit.
(D) For storm water discharges associated with small construction activity as described in Section 6 (f) (ii), that are not already authorized by a storm water general or individual permit, require permit authorization as of March 10, 2003, except;
(I) Storm water discharges subject to Section 4 (b) (v) which are not required to submit a NOI for coverage in accordance with the provisions of the applicable general permit, and
(II) Storm water discharges associated with small construction activity at oil and gas exploration, production, processing, and treatment operations or transmission facilities subject to the provisions of, Section 4 (o) (i) (E) of these regulations.
(E) For storm water discharges associated with small construction activity at oil and gas exploration, production, processing, and treatment operations or transmission facilities, require permit authorization as of March 10, 2005.
(F) A notice of intent shall be submitted to the administrator within 60 days of notice of a storm water discharge which the administrator determines contributes to a violation of a water quality standard or is a significant contributor of pollutants to surface waters of the state or where the administrator determines that storm water controls are needed for the discharge based on wasteload allocations that are part of “total maximum daily loads” (TMDLs)
999 that address the pollutant(s) of concern; unless permission for a later date is granted by the 1000 administrator.
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1002 (G) For any existing storm water discharge from a regulated small 1003 MS4 for which a storm water permit application was not previously required under federal law or 1004 regulation, the permit application made under Section 4 (o) (iii) must be submitted to the 1005 administrator:
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1007 (I) By March 10, 2003 for any storm water discharge 1008 associated with a regulated small MS4 in an urbanized area as described in Section 6 (h) (i) (A) 1009 and (B) and that is not already authorized by a storm water general or individual permit,
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1011 (II) Within 180 days of notice of designation, unless the 1012 administrator grants a later date, under Section 6 (h) (i) (C) or (D).
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1014 (ii) Application requirements for storm water discharges associated with 1015 industrial activity and large construction activity. Dischargers of storm water associated with 1016 industrial activity and large construction activity are required to apply for an individual permit or 1017 seek coverage under a storm water general permit.
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1019 A notice of intent requesting coverage under a general permit must be completed in 1020 accordance with the requirements of this section and the applicable general permit. Unless the 1021 administrator determines that certain items are unnecessary, the notice of intent shall contain, at a 1022 minimum:
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1024 (A) General requirements applicable to all notices of intent:
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1026 (I) Name of the company, entity, or individual seeking a 1027 permit;
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1029 (II) Mailing address and telephone number of company, 1030 entity, or individual seeking a permit;
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1032 (III) The facility name, location, and telephone number if 1033 applicable;
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1035 (IV) Applicant status as federal, state, private, public, or other 1036 entity;
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1038 (V) Name and signature in accordance with the requirements 1039 of Section 14 of these regulations;
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1041 (VI) Authorization of a duly authorized representative under 1042 the Signatory Requirements of Section 14 of these regulations, where applicable;
1043
1044 (VII) Location, expressed in latitude and longitude to the 1045 nearest 15 seconds, of the facility to be covered under the permit; 1046 1047 (VIII) Location, expressed as quarter/quarter section, township, 1048 and range in the applicable Public Land Survey (PLS), of the facility to be covered under the 1049 permit; 1050 1051 (IX) A description of the activities conducted by the applicant 1052 which require it to obtain a WYPDES storm water discharge permit; 1053 1054 (X) For industrial activities only, up to four SIC codes which 1055 best reflect the principal products or services provided by the facility; 1056 1057 (B) Applicants shall provide such other information the 1058 administrator may reasonably require to determine whether to issue an authorization. The 1059 additional information may include additional quantitative data and bioassays to assess the 1060 relative toxicity of discharges to aquatic life and requirements to determine the cause of the 1061 toxicity. 1062 1063 (iii) Application requirements for regulated small municipal separate storm 1064 sewer discharges. 1065 1066 (A) The notice of intent for general permit coverage must include the 1067 following information, at a minimum: 1068 1069 (I) Name of the municipality seeking a permit; 1070 1071 (II) Mailing address, contact name, and telephone number of 1072 the municipality seeking a permit; 1073 1074 (III) A general description of the best management practices 1075 (BMPs) that the permittee or another municipality will implement for each of the storm water 1076 minimum control measures required by Section 6 (j) (i); 1077 1078 (IV) The measurable goals for each of the selected BMPs 1079 including, as appropriate, the months and years in which the permittee will undertake required 1080 actions, including interim milestones and the frequency of the action; 1081 1082 (V) The person or persons responsible for implementing or 1083 coordinating the permittee's storm water management program. A position, rather than an 1084 individual, may also be designated; 1085 1086 (VI) A description of the funding sources expected for 1087 implementation of the permittee's program; and 1088
1089 (VII) Other information the administrator may reasonably 1090 require to determine whether to issue an authorization.
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(VII) Other information the administrator may reasonably require to determine whether to issue an authorization.
(B) The permittee may file a separate application for coverage under a general permit, or may jointly submit an application with other municipalities or governmental entities. If the permittee wants to share responsibilities for meeting the minimum control measures with other municipalities or governmental entities, the application (whether separate or joint) must describe which minimum control measures the permittee will implement and identify the entities that will implement the other minimum control measures within the area served by the permittee=s MS4.
(C) If authorized by the administrator, the permittee may file a separate application for coverage under an individual permit. The application must include the information required under Section 4 (o) (iii) and Section 6 (b) (i), an estimate of square mileage served by the small MS4, and any additional information that the administrator requests. The administrator=s authorization will be contingent upon the regulated entity providing adequate justification for the need for an individual permit.
(D) If authorized by the administrator, two (2) or more regulated entities may jointly apply under Section 4 (o) (iii) (C) to be co-permittees under an individual permit. The administrator=s authorization will be contingent upon the regulated entities providing adequate justification for the need for an individual permit.
Section 5. Effluent Permits.
The following process shall be used in the application for, development of, and issuance of effluent permits, except for storm water permits which are addressed under Sections 4 and 6 of these regulations.
(a) Application for individual permits. Completed application forms shall be submitted to the department for permits for new facilities, modifications to existing permits, and permit renewals.
(i) Permits for new facilities. The owner or operator of any point source within the State of Wyoming who proposes to discharge pollution or wastes into surface waters of the state must file with the administrator a complete application form either (1) no less than 180 days in advance of the date on which it is desired to commence the discharge of pollution or wastes, unless otherwise approved by the administrator, or (2) in sufficient time prior to any discharge of pollutants to insure compliance with the requirements of Section 306 of the Federal Act, or with any applicable zoning or siting requirements established pursuant to Section 208 (b) (2) (c) of the Federal Act, and any other applicable water quality standards and limitations. In any event, no person shall commence a discharge without having obtained a permit from the department, and no permit shall be issued without full compliance by the permittee with all requirements of these regulations.
(ii) Modification of permits. (Refer to Section 12 of these regulations.)
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(iii) Renewal of permits. (Refer to Section 10 of these regulations.)
(iv) Application for individual permits. Application for individual permits shall be made using forms provided or specified by the administrator. Completed application forms shall be submitted to the department for permits for new facilities, modifications to existing permits, and permit renewals.
(v) General information requirements. An application form for all new individual permits shall contain the following information unless the administrator determines that specific items are unnecessary:
(A) Name of company, entity, or individual seeking a permit;
(B) Identification of the facility name, location, and telephone number if applicable;
(C) Mailing address and telephone number of company, entity, or individual seeking a permit;
(D) Applicant status as federal, state, private, public, or other entity and status of applicant as owner, operator or both;
(E) Name and signature of responsible person as required by Section 14 of these regulations;
(F) Authorization of a duly authorized representative under the Signatory Requirements of Section 14 of these rules, where applicable;
(G) Names, addresses, and telephone numbers of landowners where outfalls will be located, if property owner is other than applicant;
(H) Type and location, expressed in latitude and longitude to the nearest 15 seconds, of the facility from which discharge will occur;
(I) A description of the activities conducted by the applicant which require it to obtain an WYPDES permit and where the activity includes treatment facilities associated with the discharge, a site diagram of the treatment facilities associated with the discharge and the outfall locations;
(J) Up to four (4) SIC codes which best reflect the principal products or services provided by the facility;
(K) Expected quality and quantity (including maximum design capacity in million gallons per day and, except for POTWs, the average daily flow rate in million
1179 gallons per day) of effluent proposed for discharge, flow rate in million gallons per day or cubic 1180 feet per second, and whether the proposed discharge will be continuous or intermittent;
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(L) Description of each treatment process that will be used to reduce 1184 pollutant concentrations in effluent;
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(M) Outfall numbers and latitude and longitude of each outfall 1187 location to the nearest 15 seconds;
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(N) Outfall numbers, the county where each outfall is located and 1190 legal description of each outfall location to the nearest quarter/quarter of a section;
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(O) Distance from shore and depth below water surface;
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(P) Whether the discharge will be continuous or periodic. If the 1195 discharge is to be periodic the following information for each outfall shall be provided:
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(I) Number of times per year the discharge is to occur.
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(II) Anticipated duration of each discharge.
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(III) Anticipated flow of each discharge.
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(IV) Months in which discharge is expected to occur.
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(Q) Whether any outfall is or will be equipped with a diffuser and the 1206 type of diffuser used.
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(R) Outfall number(s) and names of surface waters of the state that 1209 would or potentially would directly receive any portion of the discharge for each outfall, 1210 including where applicable, a description of the tributary system from the outfall location to the 1211 main stem;
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(S) A topographic map extending one mile beyond the property 1214 boundaries of the source, showing the location of the facility, intake structures and associated 1215 outfalls and proposed monitoring and/or compliance points; each of its hazardous waste 1216 treatment, storage, or disposal facilities; each well where fluids from the facility are injected 1217 underground; and those wells, springs, other surface water bodies, and drinking water wells listed 1218 in public records or otherwise known by the applicant in the map area.
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(T) A listing of all active permits or construction approvals received 1221 or applied for by the applicant for the site under any of the following programs:
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1223
(I) Hazardous Waste Management program under the 1224 Resource Conservation and Recovery Act.
1225 1226 (II) Underground Injection Control program under the Safe 1227 Drinking Water Act. 1228 1229 (III) NPDES program under the CWA. 1230 1231 (IV) WYPDES program under these regulations. 1232 1233 (V) Prevention of Significant Deterioration program under 1234 the Clean Air Act. 1235 1236 (VI) Non-attainment program under the Clean Air Act. 1237 1238 (VII) National Emission Standards for Hazardous Pollutants 1239 under the Clean Air Act. 1240 1241 (VIII) Section 404 of the CWA. 1242 1243 (IX) Impoundments and/or Appropriation of Surface Water 1244 under the State Engineer's Office. 1245 1246 (X) Reservoirs under the Oil and Gas Conservation 1247 Commission. 1248 1249 (XI) Other relevant local, state, or federal environmental 1250 permits. 1251 1252 (U) Any additional information required in accordance with 1253 appendices B through M of these regulations. 1254 1255 (V) Any other information the administrator may request in order to 1256 assess potential impacts to designated uses of surface waters of the state as a result of the 1257 proposed discharge, to develop permit conditions in compliance with regulations adopted 1258 pursuant to Section 304 of the CWA, or to determine whether to issue a WYPDES permit. The 1259 additional information may include additional quantitative data and bioassays to assess the 1260 relative toxicity of discharges to aquatic life and requirements to determine the cause of the 1261 toxicity. 1262 1263 (vi) Signature requirement. A permit application and other documents 1264 required to accompany said application when submitted to the department must be signed and 1265 certified in accordance with the provisions of Section 14 of these regulations. 1266 1267 (vii) Records retention. Applicants shall keep records of all data used to 1268 complete permit applications and any supplemental information submitted under this section for a 1269 period of three (3) years from the date the application is signed. 1270
1271 (b) Processing procedures applicable to all individual permit applications.
1272 1273 (i) Permit issuance or denial determination. Within 180 days of the receipt 1274 of an application and requested supplemental information, the director shall make a tentative 1275 determination with respect to the issuance or denial of a permit. If the director, with the advice of 1276 the administrator, determines that the permit should be issued, then tentative determinations will 1277 also be made with respect to the following:
1278 1279 (A) Proposed effluent limitations, which in the absence of federal 1280 guidelines adopted pursuant to Section 304 of the CWA, will comply with 40 CFR 125.3 (c) (2) 1281 and (3);
1282 1283 (B) Proposed effluent limitations that will ensure that water quality 1284 standards promulgated in Wyoming Water Quality Rules and Regulations, Chapter 1 will not be 1285 violated as a result of the proposed discharge;
1286 1287 (C) A proposed schedule of compliance, where appropriate; and
1288 1289 (D) Conditions and restrictions in addition to those specified in these 1290 regulations that are necessary in order for the requirements of the CWA or the Wyoming 1291 Environmental Quality Act to be upheld.
1292 1293 (ii) Completeness review. The administrator shall provide a notice of 1294 completeness or deficiency within 45 days of receipt of the application. If a notice of 1295 completeness or deficiency is not issued to the applicant within 45 days of receipt of the 1296 application, the administrator shall issue a letter of explanation to the applicant which specifies 1297 the expected date of the completeness determination.
1298 1299 (iii) Completeness determination. The director shall not process or issue a 1300 permit before receiving a complete application for a permit and all requirements of this section 1301 have been met. An application for a permit is complete when it has been submitted to the 1302 department, and includes all of the information required in Section 5 (a) (v) and Appendices A 1303 through M of these regulations and any applicable federal effluent guidelines of 40 CFR Parts 1304 405 through 411, 413 through 433, 436, 437, 439, 440, 442 through, 447, 454, 455, 457 through 1305 461, 463 through 469, and 471, such that the administrator deems that adequate information has 1306 been provided to make a determination in accordance with Section 5 (b) (i). The completeness of 1307 any application for a permit shall be judged independently of the status of any other permit 1308 application or permit for the same facility or activity.
1309 1310 (iv) Permit denial. If the director determines that the permit should be 1311 denied, he shall give written notice of this action to the applicant and to the Regional 1312 Administrator of the EPA within 30 days after making the tentative determination.
1314 1315 (v) Draft permits. For each proposed discharge for which an application 1316 determined to be complete has been received and for which none of the conditions under which
1317 permits must be prohibited exist, the administrator shall prepare a draft permit that embodies the 1318 tentative determinations reached relative to Section 5 (b) (i) above. Draft permits shall be 1319 available to the public for inspection, copying and public comment.
1320 1321 (vi) Public participation and public meetings. The requirements for public 1322 participation and public meetings contained in these regulations shall be complied with for every 1323 permit proposed for issuance by the director.
1324 1325 (c) Terms and conditions of permits. All issued permits will contain, as a minimum, 1326 authorization for discharge subject to the conditions of the permit, effluent limitations, standards 1327 of performance for any new source, standard conditions, special conditions (when applicable), 1328 monitoring requirements where discharge is allowed, and reporting requirements that comply 1329 with these regulations.
1330 1331 The permittee shall comply with effluent standards or prohibitions established under 1332 section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that 1333 establish these standards or prohibitions.
1334 1335 (i) Standard conditions. All issued permits shall contain standard conditions 1336 consisting of, but not limited to, the following:
1337 1338 (A) The permittee must comply with all conditions of the permit. 1339 Any noncompliance is a violation of the CWA and the Wyoming Environmental Quality Act and 1340 is grounds for enforcement action; for permit termination, revocation and reissuance, or 1341 modification; or denial of a permit reissuance or extension of authorization.
1342 1343 (B) Any planned sewerage system, treatment works, or disposal 1344 system expansions, production increases, process modifications, or new source additions which 1345 will result in a new or increased discharge or the inclusion of additional criteria for a new source 1346 shall be reported by submission of an application or, if such discharge will not violate effluent 1347 limitations specified in the permit, by submission to the administrator of notification of such new 1348 or increased discharge.
1349 1350 (C) The discharge of pollution and/or wastes into surface waters of 1351 the state more frequently than, or at a level in excess of, that identified and authorized by a permit 1352 shall constitute a violation of the conditions of the permit.
1353 1354 (D) After notice and opportunity for a hearing, a permit may be 1355 modified, in whole or in part, revoked and reissued, or terminated during its term. The filing of a 1356 request by the permittee for a modification, revocation, reissuance, termination, or notification of 1357 planned changes or anticipated noncompliance does not halt any permit condition. Cause for 1358 such permit actions, includes, but are not limited to, any of the following:
1359 1360 (I) Violation of any conditions of the permit;
1361
1362 (II) Obtaining a permit by misrepresentations or failure to 1363 fully disclose all relevant facts; 1364 1365 (III) A change in any condition that requires either a 1366 temporary or permanent reduction or elimination of the discharge; and 1367 1368 (IV) A failure or refusal by the permittee to comply with the 1369 monitoring and reporting requirements of a permit and Sections 35-11-109 (a) (iv) and 35-11-110 1370 (a) (vii) Wyoming Statutes. 1371 1372 (E) A permit may be modified in whole or in part during its term in 1373 order to apply any more stringent toxic effluent standard or prohibition, for a toxic substance 1374 present in the permittee's discharge, that is promulgated by the Administrator of the EPA. 1375 1376 (F) A requirement that the permittee allow the administrator or his 1377 authorized representative upon presentation of his credentials to: 1378 1379 (I) Enter the premises where a permittee's regulated facility 1380 or activity is located or conducted or where records must be kept under the conditions of the 1381 permit; 1382 1383 (II) Sample or monitor at reasonable times, for the purposes 1384 of assuring permit compliance or as otherwise authorized by these rules, the Wyoming 1385 Environmental Quality Act or the CWA, any substances or parameters at any location; 1386 1387 (III) Have access to and copy, at reasonable times, any 1388 records required by the permit to be kept; 1389 1390 (IV) Inspect at reasonable times any facilities, equipment 1391 (including monitoring and control equipment), practices, or operations regulated or required 1392 under the permit; and 1393 1394 (V) Take any other action authorized by 35-11-109 (a) (v), 1395 (vi) and (vii) Wyoming Statutes, or these regulations. 1396 1397 (G) A requirement that, if requested by the administrator or the 1398 administrator's authorized agent, the permittee shall provide access to physical locations 1399 associated with this permit including, but not limited to, well heads, discharge points, reservoirs, 1400 monitoring locations, and any waters of the state associated with the permit at the point of 1401 discharge. 1402 1403 1404 (H) A requirement that, if the permittee wishes to continue an 1405 activity regulated by a permit after the expiration date of the permit, the permittee must apply for 1406 and obtain a new permit in accordance with Section 10 of these regulations, unless an extension is 1407 granted under Section 11 of these regulations.
1408 1409 (I) It is not a defense for a permittee in an enforcement action that it 1410 would have been necessary to halt or reduce the permitted activity in order to maintain 1411 compliance with the conditions of a permit. 1412 1413 (J) The permittee shall take all reasonable steps to minimize or 1414 prevent any discharge in violation of this permit which has a reasonable likelihood of adversely 1415 affecting human health or the environment. 1416 1417 (K) The permit does not convey any property rights of any sort, or 1418 any exclusive privilege. 1419 1420 (L) A requirement that the permittee shall furnish to the 1421 administrator, within a reasonable time, any information which the administrator or his authorized 1422 representative may request to determine whether cause exists for modifying, revoking and 1423 reissuing, or terminating the permit or to determine compliance with the permit. 1424 1425 (M) A requirement that the permittee shall furnish to the 1426 administrator or his authorized representative, copies of records required to be kept by the permit. 1427 1428 (N) The permittee must properly operate and maintain all equipment 1429 and treatment systems used by the permittee to achieve compliance with the terms of the permit. 1430 The permittee must provide appropriate laboratory controls and quality assurance procedures, 1431 where applicable. Backup systems are required when needed to ensure compliance. However, 1432 each main line unit treatment process must be operated as a minimum. 1433 1434 (O) To assure compliance with permit limitations, the permittee shall 1435 monitor: 1436 1437 (I) The mass (or other measurement specified in the permit) 1438 for each pollutant limited in the permit. 1439 1440 (II) The volume of effluent discharged from each outfall. 1441 1442 (P) Samples and measurements taken for the purpose of monitoring 1443 shall be representative of the monitored activity. Records must be retained for three (3) years 1444 subject to extension by the director. Monitoring records shall include but are not limited to the 1445 following: 1446 1447 (I) The date, location, and time of the sampling; 1448 1449 1450 (II) The dates and by whom analyses were performed; 1451 1452 (III) Analytical techniques used; 1453
1454 (IV) The results of such analyses; 1455 1456 (V) Name of the person collecting the sample(s); 1457 1458 (VI) Sampling handling and preservation conducted; and 1459 1460 (VII) Detection limits for analyses conducted. 1461
1462 Wastewater measurements must be conducted in accordance with methods and 1463 procedures prescribed in 40 CFR Part 136 or other specified procedures. 1464
1465 (Q) Pollutants for which the permittee must report violations of daily 1466 maximum discharge limitations under Section 5 (c) (i) (W) (24-hour reporting) shall be listed in 1467 the permit. This list shall include any toxic pollutant or hazardous substance, or any pollutant 1468 specifically identified as the method to monitor a toxic pollutant or hazardous substance. 1469
1470 (R) Applications, reports, or information submitted to the 1471 administrator must be signed and certified. Knowingly making false statements, representations, 1472 or certifications is a violation of the permit, Wyoming Water Quality Rules and Regulations 1473 Chapter 2 and the Wyoming Environmental Quality Act and is subject to enforcement. 1474
1475 (S) The permittee shall give advance notification to the administrator 1476 of any planned changes in the permitted facility or activity which may result in noncompliance 1477 with permit requirements. 1478
1479 (T) The permit is not transferrable except after written notification is 1480 provided to the administrator and such request is approved by the administrator. The 1481 administrator may require modification, or revocation and reissuance, as necessary. 1482
1483 (U) Monitoring reports must be submitted on a discharge monitoring 1484 report form provided by the department or on a form with an identical format as the form 1485 provided by the department, with prior approval by the administrator. Monitoring results shall be 1486 reported to the department at the intervals specified in the permit. If monitoring is conducted at a 1487 frequency greater than that required by the permit, the results of the additional monitoring must 1488 be reported. In reporting effluent limits based on average concentrations, the permittee must 1489 report the results using an arithmetic mean, except for fecal coliform. Average results for fecal 1490 coliform monitoring shall be reported as a geometric mean. 1491
1492 (V) Reporting of compliance or noncompliance with specified dates 1493 contained in a compliance schedule of the permit shall be submitted to the administrator no later 1494 than 14 days following each scheduled date. 1495
1496 (W) For any noncompliance which may endanger human health or 1497 the environment, an oral notification must be made by the permittee to the administrator within 1498 24-hours of the permittee becoming aware of the noncompliance. Within five (5) days, the 1499 permittee must provide a written notification of the noncompliance which describes the
1500 noncompliance and its cause; the period and duration of noncompliance including exact dates and 1501 times; and, if the noncompliance has not been corrected, the anticipated time it is expected to 1502 continue and steps planned or taken to reduce, eliminate, and prevent recurrences of the 1503 noncompliance. Circumstances that must be reported within 24-hours of becoming aware of the 1504 noncompliance include, but are not limited to, any unanticipated bypass or upset which exceeds 1505 any effluent limit in the permit; or violation of a daily maximum discharge limitation for any of 1506 the pollutants listed by the administrator in the permit to be reported within 24-hours of becoming 1507 aware of the noncompliance.
1508 1509 (X) For noncompliance other than as reported in (S),(V), and (W) 1510 above, the permittee shall report all instances at the time monitoring reports are submitted. The 1511 reports shall contain the information listed in (W) above.
1512 1513 (Y) Where the permittee becomes aware that it failed to submit any 1514 relevant facts in a permit application, or submitted incorrect information in a permit application 1515 or in any report to the administrator, it shall promptly submit such facts or information.
1516 1517 (Z) The permittee may allow any bypass to occur which does not 1518 cause effluent limitations to be exceeded, but only if it is for essential maintenance to assure 1519 efficient operation. If the permittee knows in advance of the need for a bypass, it shall submit 1520 prior notification, if possible at least ten (10) days before the date of the bypass. If an 1521 unanticipated bypass occurs, notice shall be provided in accordance with (W) above. Bypass is 1522 prohibited except in instances where it is necessary to prevent loss of life, personal injury or 1523 severe property damage; or where there are no feasible alternatives to bypass, such as the use of 1524 auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods 1525 of equipment downtime. The condition of no feasible alternative is not satisfied if adequate back- 1526 up equipment should have been installed in the exercise of reasonable engineering judgement to 1527 prevent a bypass which occurred during normal periods of equipment downtime or preventive 1528 maintenance. The administrator may approve an anticipated bypass, after receiving notification, 1529 if the conditions for the allowance of bypass as described in this paragraph have been met.
1530 1531 1532 (AA) An upset constitutes an affirmative defense to an action brought 1533 for noncompliance with technology based permit effluent limitations if the permittee can 1534 demonstrate that: an upset occurred and that the permittee can identify the cause(s) of the upset; 1535 the permitted facility was, at the time of the upset, being properly operated; the permittee 1536 submitted notice of the upset as required in (W) above; In any enforcement proceeding, the 1537 permittee seeking to establish the occurrence of an upset has the burden of proof.
1538 1539 (BB) A reopener clause which states that additional or more stringent 1540 permit requirements may be imposed, after following the procedures outlined in this regulation 1541 for permit modifications, if any of the following conditions is found to be present:
1542 1543 (I) The water quality standards of the receiving water(s) to 1544 which the permittee discharges are modified in such a manner as to require effluent limits 1545 different than those contained in the permit;
1546 1547 (II) A TMDL or watershed management plan is developed 1548 and approved by the department which calls for different effluent limitations than those contained 1549 in the permit; 1550 1551 (III) A TMDL or watershed management plan is revised and 1552 approved by the department which calls for different effluent limitations than those contained in 1553 the permit; 1554 1555 (IV) The use(s) of the receiving surface water of the state is 1556 impaired and the permitted facility is contributing to the impairment; 1557 1558 (V) Water quality standards in the receiving surface waters 1559 of the state are no longer achieved as a result of the discharge and the effluent limitations 1560 established by the permit are being met; 1561 1562 (VI) The effluent limitations in the permit do not address a 1563 pollutant that has the potential to cause or contribute to a violation of a water quality standard; 1564 1565 (VII) Applicable technology based effluent limits are 1566 promulgated which are more stringent than those imposed by the permit; or 1567 1568 (VIII) An interstate compact or agreement on potential 1569 receiving waters is established. 1570 1571 (CC) A reopener provision for toxicity limitations which states that 1572 additional or more stringent permit requirements, a new compliance schedule, revisions to 1573 compliance dates set forth in the permit, changes to the whole effluent toxicity protocol, or any 1574 other conditions related to the control of toxicants may be imposed, following the procedures 1575 outlined in this regulation for permit modifications, if one or more of the following events occurs: 1576 1577 (I) Effluent toxicity was detected late in the life of the 1578 permit near or past the deadline for compliance; 1579 1580 (II) The results of a toxicity reduction evaluation indicate 1581 that compliance with the toxic limitations contained in the permit will require an implementation 1582 schedule past the date for compliance and the department agrees with the conclusion; 1583 1584 (III) The results of a toxicity reduction evaluation indicate 1585 that the toxicant(s) represent pollutant(s) that may be controlled with specific numeric effluent 1586 limitations and the department agrees that numeric controls are the most appropriate approach to 1587 controlling toxicity; 1588 1589 (IV) Following the implementation of numeric controls for a 1590 toxicant, the department agrees that a modified whole effluent toxicity protocol is necessary to 1591 compensate for those toxicants that are controlled numerically;
1592 1593 1594 1595 1596 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 1610 1611 1612 1613 1614 1615 1616 1617 1618 1619 1620 1621 1622 1623 1624 1625 1626 1627 1628 1629 1630 1631 1632 1633 1634 1635 1636
(V) Other conditions or characteristics are identified through a toxicity reduction evaluation which justifies the incorporation of special conditions in the permit to address effluent toxicity.
(DD) For permits which do not require the submittal of monitoring result reports at least annually, the permittee shall report all instances of non-compliance not reported under the Section 5 (c) (i) (B), (P), (U), (V) or (W) at least annually.
(ii) Special conditions. In addition to conditions required in all permits, the administrator shall establish conditions, as required on a case-by-case basis, to provide for and assure compliance with all applicable requirements of the CWA, the Wyoming Environmental Quality Act, and applicable Wyoming Water Quality Rules and Regulations which have taken effect prior to final administrative disposition of the permit. Such conditions may include but are not limited to the following.
(A) Toxic effluent standards which, as a minimum, comply with those established under the CWA and may be modified in accordance with Section 5 (c) (i) (E), (BB) and (CC) and Section 12.
(B) Additional limitation(s) that may be required in order for the permittee to meet state water quality and treatment standards, implement TMDL requirements, achieve compliance with a plan approved pursuant to Section 208 (b) of the CWA, or attain or maintain a specified water quality through water quality related effluent limits established under Section 302 of the CWA.
(C) Any other requirements, including but not limited to monitoring points of compliance, water quality monitoring stations, flow monitoring stations and irrigation compliance points, that the administrator determines are necessary to carry out the provisions of W.S. 35-11-302 et seq. and to insure that water quality standards are met and waste load allocations prepared when required by the CWA.
(D) Where a compliance schedule is required in order to achieve any of the conditions described in Section 5 (c) (ii) (A), (B), or (C) above or to achieve compliance with an effluent limitation established as set forth in Section 5 (c) (iii), the following specific requirements will be met.
(I) Such schedule will, as a minimum, conform to any legally applicable schedule contained in any applicable effluent standard or water quality standard promulgated under federal or state authority. In the absence of any such legally applicable schedule, the administrator and permittee shall comply in the shortest reasonable period of time.
(II) In any case where the period of time for compliance exceeds nine (9) months, the schedule of compliance specified in the permit will set forth interim requirements and the dates for their achievement. In no event shall more than nine (9) months
1637 elapse between interim dates. To the extent practicable, the interim and final dates shall fall on 1638 the last day of the months of March, June, September, and December.
1639 1640 (III) The permittee will provide the administrator with written 1641 notice of the permittee's compliance or non-compliance with each interim and final date either 1642 before, or within 14 days after, such compliance date is reached.
1643 1644 (IV) If the permittee fails or refuses to comply with an 1645 interim or final requirement in a permit, such non-compliance shall constitute a violation of the 1646 permit, and the administrator may modify, or revoke the permit to take direct enforcement action.
1647 1648 1649 (V) Upon request of the permittee, the administrator may 1650 revise or modify a schedule of compliance for good and valid cause (such as an act of God, strike, 1651 flood, material shortage, or other event over which the permittee has little or no control).
1652 1653 (VI) On the last day of the month of February, May, August 1654 and November, the administrator shall transmit to the Regional Administrator of the EPA, a list 1655 of all instances, as of 30 days prior to the date of such report, of failure or refusal of a permittee to 1656 comply with an interim or final compliance requirement. Such list shall be available to the public 1657 for inspection and copying and include:
1658 1659 (1.) The name and address of non-complying 1660 permittee; 1661 1662 (2.) A short description of each instance of non- 1663 compliance; 1664 1665 (3.) Short description of any action proposed by the 1666 permittee or the administrator to achieve compliance; and 1667 1668 (4.) Any details that tend to explain or mitigate the 1669 non-compliance.
1670 1671 (E) Alternative schedules of compliance. A WYPDES permit 1672 applicant or permittee may cease conducting regulated activities (by terminating direct discharge 1673 for WYPDES sources) rather than continuing to operate and meet permit requirements as follows:
1674 1675 (I) If the permittee decides to cease conducting regulated 1676 activities at a given time within the term of a permit which has already been issued:
1677 1678 (1.) The permit may be modified to contain a new or 1679 additional schedule leading to timely cessation of activities; or 1680
1681 (2.) The permittee shall cease conducting permitted 1682 activities before non-compliance with any interim or final compliance schedule requirement 1683 already specified in the permit.
1684 1685 (II) If the decision to cease conducting regulated activities is 1686 made before issuance of a permit whose term will include the termination date, the permit shall 1687 contain a schedule leading to termination which will ensure timely compliance with applicable 1688 requirements no later than the statutory deadline.
1689 1690 (III) If the permittee is undecided whether to cease 1691 conducting regulated activities, the director may issue or modify a permit to contain two 1692 schedules as follows:
1693 1694 (1.) Both schedules shall contain an identical interim 1695 deadline requiring a final decision on whether to cease conducting regulated activities no later 1696 than a date which ensures sufficient time to comply with applicable requirements in a timely 1697 manner if the decision is to continue conducting regulated activities;
1698 1699 (2.) One schedule shall lead to timely compliance 1700 with applicable requirements, no later than the statutory deadline;
1701 1702 (3.) The second schedule shall lead to cessation of 1703 regulated activities by a date which will ensure timely compliance with applicable requirements 1704 no later than the statutory deadline.
1705 1706 (4.) Each permit containing two schedules shall 1707 include a requirement that after the permittee has made a final decision under Section 5 (c) (ii) 1708 (E) (III) the permittee shall follow the schedule leading to compliance if the decision is to 1709 continue conducting regulated activities, and follow the schedule leading to termination if the 1710 decision is to cease conducting regulated activities.
1711 1712 (F) Best management practices. Best management practices to 1713 control or abate the discharge of pollutants when:
1714 1715 (I) Authorized under Section 304 (e) of the CWA for the 1716 control of toxic pollutants and hazardous substances from ancillary industrial activities;
1717 1718 (II) Numeric effluent limitations are infeasible; or
1719 1720 (III) The practices are reasonably necessary to achieve 1721 effluent limitations and standards or to carry out the purposes and intent of these regulations.
1722 1723 (G) Grants. Any conditions imposed in federal grants to POTWs 1724 under Sections 201 and 204 of the CWA which are reasonably necessary for the achievement of 1725 effluent limitations required in accordance with these regulations. 1726
1727 (iii) Effluent limitations. Effluent limitations shall be determined for all 1728 permits based on the following considerations.
1729 1730 (A) Technology-based effluent limitations. Technology-based 1731 effluent limits shall be determined in accordance with 40 CFR 122.44 (a), 40 CFR 122.50, 40 1732 CFR 125, Subpart A, I and J and, for categorical industries adopted by EPA, 40 CFR Parts 405 1733 through 411, 413 through 433, 436, 437, 439, 440, 442 through, 447, 454, 455, 457 through 461, 1734 463 through 469, and 471.
1735 1736 (B) In addition to the technology-based effluent limitations described 1737 in Section 5 (c) (iii) (A), technology-based effluent limits shall be determined as follows:
1738 1739 (I) For discharges from new and existing POTWs as 1740 described in Appendix E. 1741 1742 (II) For CAFO point sources as described in Appendix G. 1743 1744 (III) For discharges from oil and gas production facilities as 1745 described in Appendix H. 1746 1747 (IV) For discharges from coal mines as described in 1748 Appendix J. 1749 1750 (V) For discharges containing toxic pollutants as described 1751 in Appendix N.
1752 1753 (C) Water quality based effluent limitations. For facilities where 1754 discharge to surface waters of the state is not prohibited subject to the provisions of technology 1755 based effluent limitations as determined in Section 5 (c) (iii) (A) and (B), water quality-based 1756 effluent limits shall be determined when requirements in addition to, or more stringent, than 1757 technology based effluent limitations are necessary to ensure that violations of water quality 1758 standards do not occur. Such effluent limitations shall be determined based on standards adopted 1759 pursuant to Wyoming Water Quality Rules and Regulations, Chapter 1 and the applicable 1760 provisions of Wyoming Water Quality Rules and Regulations, Chapter 6.
1761 1762 (I) Water quality based effluent limitations shall be 1763 established for constituents in discharges determined to have a reasonable potential of adversely 1764 impacting uses of surface waters of the state or of causing violations of water quality standards. 1765 When making reasonable potential determinations, the administrator shall consider the following:
1766 1767 (1.) Existing controls on point and non-point sources 1768 of pollution; 1769 1770 (2.) The variability of the pollutant or pollutant 1771 parameter in the effluent; 1772
1773 (3.) For evaluating whole effluent toxicity, the 1774 sensitivity of the species to toxicity testing; and 1775 1776 (4.) Where appropriate, the dilution of the effluent in 1777 the receiving water. 1778 1779 (5.) Applicable designated uses and water quality 1780 standards. 1781 1782 (II) Where numeric criteria are promulgated for the receiving 1783 surface waters of the state, the administrator will determine, using the most stringent numeric 1784 standard appropriate to the receiving surface waters of the state, water quality based effluent 1785 limitations based on one of the following methods: 1786 1787 (1.) Effluent limitations described in Section 5 (c) 1788 (iii) (C) (II) (2.) and (3.) shall be established only after having taken into account the following 1789 requirements of Wyoming Water Quality Rules and Regulations, Chapter 1: 1790 1791 a. Mixing zones; and 1792 1793 b. Antidegradation 1794 1795 (2.) Where loading limitations can be instituted on 1796 the receiving surface waters of the state through the implementation of limitations on effluent 1797 volumes and concentrations for discharges to the receiving surface waters of the state, effluent 1798 limitations shall be determined based on mass balance calculations where dilution by water in the 1799 receiving surface waters of the state is considered. 1800 1801 (3.) Where the administrator determines that it is 1802 impractical to establish limitations on effluent volumes for discharges to receiving surface waters 1803 of the state, concentration-based effluent limitations shall be established. In no case shall a 1804 concentration-based effluent limitation be established which exceeds the most stringent of the 1805 numeric water quality standards established to protect the designated uses of the receiving surface 1806 waters of the state. 1807 1808 (III) Where an evaluation for reasonable potential indicates 1809 limitations based on narrative water quality standards promulgated under Wyoming Water 1810 Quality Rules and Regulations, Chapter 1, effluent limitations addressing the limitations of the 1811 narrative standards will be included in the permit. 1812 1813 (IV) Where the administrator determines that an effluent 1814 constituent has the reasonable potential to adversely impact a designated use of receiving surface 1815 waters of the state and no numeric standard has been promulgated in Wyoming Water Quality 1816 Rules and Regulations, Chapter 1 for the constituent, the administrator may establish a numeric 1817 effluent limitation based on values derived from appropriate scientific methods. 1818
1819 (D) In the case of POTWs, permit effluent limitations, standards, or 1820 prohibitions shall be calculated based on design flow. 1821
1822 (E) Except in the case of POTWs or as provided in Section 5 (c) (i) 1823 (E), calculation of any permit limitations, standards, or prohibitions which are based on 1824 production (or other measure of operation) shall be based not upon the designed production 1825 capacity but rather upon a reasonable measure of actual production of the facility. For new 1826 sources or new dischargers, actual production shall be estimated using projected production. The 1827 time period of the measure of production shall correspond to the time period of the calculated 1828 permit limitations; for example, monthly production shall be used to calculate average monthly 1829 discharge limitations. 1830
1831 1832 (F) All permit effluent limitations, standards, or prohibitions for a 1833 metal shall be expressed in terms of “total recoverable metal” as defined in 40 CFR Part 136 1834 unless; 1835
1836 (I) The applicable water quality standard described in 1837 Wyoming Water Quality Rules and Regulations, Chapter 1 is based on the dissolved form; 1838
1839 (II) An applicable effluent standard or limitation has been 1840 promulgated under these regulations and specifies the limitation for the metal in the dissolved or 1841 valenti or total form; 1842
1843 (III) In establishing permit limitations on a case-by-case basis 1844 under Section 5 (c) (iii) of these regulations it is necessary to express the limitation on the metal 1845 in the dissolved or valenti or total form to carry out the provisions of these regulations; or 1846
1847 (IV) All approved analytical methods for the metal inherently 1848 measure only its dissolved form (e.g., hexavalent chromium). 1849
1850 (G) For continuous discharges (discharges that occur without 1851 interruption throughout the operating hours of the facility, except for infrequent shutdowns for 1852 maintenance, process changes, or other similar activities) all permit effluent limitations, 1853 standards, and prohibitions, including those necessary to achieve water quality standards, shall 1854 unless impracticable be stated as: 1855
1856 (I) Daily maximum and average monthly discharge 1857 limitations for all dischargers other than POTWs; and 1858
1859 (II) Average weekly and average monthly discharge 1860 limitations for POTWs. 1861
1862 (H) Discharges which are not continuous shall be particularly 1863 described and limited, considering the following factors as appropriate: 1864
1865 (I) Frequency (for example, a batch discharge shall not 1866 occur more than once every three (3) weeks); 1867 1868 (II) Total mass (for example, not to exceed 100 kilograms of 1869 zinc and 200 kilograms of chromium per batch discharge); 1870 1871 (III) Maximum rate of discharge of pollutants during the 1872 discharge (for example, not to exceed two (2) kilograms of zinc per minute); and 1873 1874 1875 (IV) Prohibition or limitation of specified pollutants by mass, 1876 concentration or other appropriate measure (for example, shall not contain at any time more than 1877 0.1 mg/l zinc or more than 250 grams (1/4 kilogram) of zinc in any discharge). 1878 1879 (I) Mass limitations. 1880 1881 (I) All pollutants limited in permits shall have limitations, 1882 standards or prohibitions expressed in terms of mass except: 1883 1884 (1.) For pH, temperature, radiation, or other 1885 pollutants which cannot appropriately be expressed by mass; 1886 1887 (2.) When applicable standards and limitations are 1888 expressed in terms of other units of measurement; or 1889 1890 (3.) If an applicable effluent standard or limitation 1891 has been promulgated under these regulations and limitations expressed in terms of mass are 1892 infeasible because the mass of the pollutant discharged cannot be related to a measure of 1893 operation (for example, discharges of total suspended solids [TSS] from certain mining 1894 operations), and permit conditions ensure that dilution will not be used as a substitute for 1895 treatment. 1896 1897 (II) Pollutants limited in terms of mass additionally may be 1898 limited in terms of other units of measurement, and the permit shall require the permittee to 1899 comply with both limitations. 1900 1901 (J) Pollutants in intake water. 1902 1903 (I) Credit shall be granted only if the discharger 1904 demonstrates that the intake water is drawn from the same body of water into which the discharge 1905 is made. 1906 1907 (II) Upon request of the discharger, technology-based 1908 effluent limitations or standards shall be adjusted to reflect credit for pollutants in the 1909 discharger=s intake water if: 1910
1911 (1.) The applicable effluent limitations and standards 1912 contained in Section 5 (c) (iii) of these regulations provide that they shall be applied on a net 1913 basis; or
1914 1915 (2.) The discharger demonstrates that the control 1916 system it proposes or uses to meet applicable technology-based limitations and standards would, 1917 if properly installed and operated, meet the limitations and standards in the absence of pollutants 1918 in the intake waters.
1919 1920 (III) Credit for generic pollutants such as biochemical oxygen 1921 demand (BOD5) or TSS shall not be granted unless the permittee demonstrates that the 1922 constituents of the generic measure in the effluent are substantially similar to the constituents of 1923 the generic measure in the intake water or unless appropriate additional limits are placed on 1924 process wastewater pollutants either at the outfall or elsewhere.
1925 1926 (IV) Credit shall be granted only to the extent necessary to 1927 meet the applicable limitation or standard, up to a maximum value equal to the influent value. 1928 Additional monitoring may be necessary to determine eligibility for credits and compliance with 1929 permit limits.
1930 1931 (K) Internal waste streams.
1932 1933 (I) When permit effluent limitations or standards imposed at 1934 the point of discharge are impractical or infeasible, effluent limitations or standards for discharges 1935 or pollutants may be imposed on internal waste streams before mixing with other waste streams 1936 or cooling water streams. In those instances, the monitoring required by Section 5 (c) or other 1937 applicable provisions of these regulations shall also be applied to the internal waste streams.
1938 1939 (II) Limits on internal waste streams will be imposed only 1940 when the fact sheet sets forth the exceptional circumstances which make such limitations 1941 necessary, such as when the final discharge point is inaccessible (for example, under ten [10] 1942 meters of water), the wastes at the point of discharge are so diluted as to make monitoring 1943 impracticable, or the interferences among pollutants at the point of discharge would make 1944 detection or analysis impracticable.
1945 1946 (L) After making the considerations described in Section 5 (c) (iii) 1947 (A), (B) and (C), the administrator shall establish in the draft permit the most stringent of the 1948 effluent limitations of those derived.
1949 1950 (M) Effluent limitations cannot be incorporated into modified or 1951 reissued permits which violate anti-backsliding provisions of Section 402 (o) of the CWA.
1952 1953 (N) If any applicable toxic effluent standard or prohibition (including 1954 any schedule of compliance specified in such effluent standard or prohibition) is promulgated 1955 under W.S.35-11-302 or Wyoming Water Quality Rules and Regulations, Chapters 1 and 2 for a 1956 toxic pollutant and that standard or prohibition is more stringent than any limitation on the
1957 pollutant in the permit, the director shall institute proceedings under these regulations to modify 1958 or revoke and reissue the permit to conform to the toxic effluent standard or prohibition. 1959
1960 (O) When the department determines, using the procedures in 1961 Section 5 (c) (iii) (C) (I) and (II), that a discharge causes, has the reasonable potential to cause, or 1962 contributes to an in-stream excursion above the numeric standard for whole effluent toxicity, if 1963 any such criterion has been adopted, the permit must contain effluent limits for whole effluent 1964 toxicity. 1965
1966 (P) Except as provided in this subparagraph, when the department 1967 determines, using the procedures in Section 5 (c) (iii) (C), toxicity testing data, or other 1968 information, that a discharge causes, has the reasonable potential to cause, or contributes to an in- 1969 stream violation of a narrative water quality standard, the permit shall contain limitations, which 1970 include effluent limits, for whole effluent toxicity. Such limitations are to be derived by the 1971 department and based upon the department's determination of what constitutes an acceptable 1972 level of whole effluent toxicity. Limits on whole effluent toxicity are not necessary where the 1973 department determines, using the procedures in Section 5 (c) (iii) (C), that chemical-specific 1974 limits for the effluent are sufficient to attain and maintain applicable numeric and narrative water 1975 quality standards. 1976
1977 (Q) Unless otherwise stated in the permit, effluent limitations shall 1978 be met at the outfall from the final treatment unit prior to admixture with water in the receiving 1979 surface waters of the state or with effluent from other outfalls. 1980
1981 (iv) Application of standards. 1982
1983 (A) In the application of those standards described in Section 5 (c) 1984 (ii) (B) and (C), and Section 5 (c) (iii), the administrator shall specify: 1985
1986 (I) The daily average and maximum quantitative limitations 1987 for the level of allowable pollution and/or waste in an authorized discharge in terms of weight, 1988 where applicable; 1989
1990 (II) The basis for calculation of effluent limitations; 1991
1992 (III) Self-monitoring, reporting, and recording requirements 1993 for each authorized discharge as promulgated in Section 5 (c) (v). 1994
1995 (B) The owner of a publicly owned treatment works shall require any 1996 industrial user of such works to comply with the following: 1997
1998 (I) Any system of user charges instituted by the owner 1999 (permittee) shall insure that each recipient of waste treatment services will pay its proportionate 2000 share of the costs of the operation and maintenance of the publicly owned treatment works; 2001
2002 (II) Any toxic or pretreatment standards established under 2003 Sections 5 (c) (ii) (A) and 5 (c) (iii) (O) and (P) of these regulations and any schedule required to 2004 achieve compliance with those standards; and 2005 2006 (III) Shall allow the permittee and the administrator or his 2007 designated representative the same rights of entry, inspection, sampling, and copying provided for 2008 in Section 5 (c) (i) (F). 2009 2010 (v) Monitoring, recording, and reporting. 2011 2012 (A) All permits shall specify required monitoring including type, 2013 intervals, and frequency sufficient to yield data which are representative of the monitored activity 2014 including, when appropriate, continuous monitoring. Monitoring results required by the permit 2015 shall be reported on a discharge monitoring report (DMR) or other forms provided or specified by 2016 the division. 2017 2018 (B) Any discharge authorized by a permit shall be subject to such 2019 monitoring requirements as may be required by the administrator including the installation, use, 2020 and maintenance of monitoring equipment. 2021 2022 (C) Any major facility authorized by a permit, or for which 2023 monitoring is requested in writing by the Regional Administrator of the EPA, or which contains 2024 toxic pollutants for which an effluent standard has been promulgated pursuant to these 2025 regulations, shall be monitored at intervals sufficiently frequent to characterize the discharge, for 2026 the following: 2027 2028 (I) Flow; 2029 2030 (II) All of the following pollutants: 2031 2032 (1.) Pollutants which are subject to reduction or 2033 elimination by the terms of the permit; 2034 2035 (2.) Pollutants which the administrator finds could 2036 have an impact on the surface waters of the state; 2037 2038 (3.) Pollutants specified by the Administrator of the 2039 EPA as subject to monitoring; and 2040 2041 (4.) Any pollutants, in addition to those above, that 2042 the Regional Administrator of the EPA requests in writing be monitored. 2043 2044 (D) The permittee shall maintain records of all information resulting 2045 from monitoring activities required by his permit for a period of three (3) years, or for a longer 2046 period if so requested by the administrator, or Regional Administrator of the EPA. Such records 2047 shall include, but are not limited to, the following:
2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091
(E) Unless otherwise approved by the administrator, the permittee shall be required to periodically report, at a frequency of not less than once per year, to the administrator, on the proper forms, the results of any monitoring required by the permit. In addition, the administrator may require the submission of such additional monitoring information he may consider necessary. Where applicable, the procedures specified will be consistent with any national program specified by the Administrator of the EPA in regulations promulgated under the CWA.
(F) All reports required by permits and other information requested by the administrator shall be signed and certified as described in Section 14 of these regulations.
(G) Sample collection and analyses shall be conducted in accordance with 40 CFR 136, unless otherwise specified in these regulations.
(H) Any person falsifying, tampering with, or knowingly rendering inaccurate any monitoring device or method required to be maintained under this permit is a violation of the permit, these regulations and the Wyoming Environmental Quality Act.
The following process shall be used in the application for development of and issuance of storm water discharge permits and for identifying storm water discharges covered by this rule.
(a) Deadlines to apply.
(i) Except as provided in Section 6 (b), for any storm water discharge associated with large construction activity as described in Section 6 (f) (i) or industrial activity as identified in Section 6 (g) in place prior to the effective date of this rule, should have made application to the administrator by October 1, 1992; prior to initiation of the activity or in accordance with Section 4 (o) (i) (B) of these regulations.
2092 (ii) For any storm water discharge associated with large or small 2093 construction activities or industrial activities from a facility that is owned or operated by a 2094 municipality with a population of less than 100,000 that is not authorized by a general or 2095 individual permit, other than an airport, power plant, or sanitary landfill, a permit application 2096 must be submitted to the administrator by March 10, 2003.
2097 2098 (iii) Storm water discharges associated with small construction activity as 2099 described in Section 6 (f) (ii), that are not already authorized by a storm water general or 2100 individual permit, require permit authorization as of March 10, 2003, except;
2101 2102 (A) Storm water discharges subject to Section 4 (b) (v) which are not 2103 required to submit a NOI for coverage in accordance with the provisions of the applicable general 2104 permit, and
2105 2106 (B) Storm water discharges associated with small construction 2107 activity at oil and gas exploration, production, processing, and treatment operations or 2108 transmission facilities subject to the provisions of, Section 6 (a) (iv) of these regulations.
2109 2110 (iv) Storm water discharges associated with small construction activity at oil 2111 and gas exploration, production, processing, and treatment operations or transmission facilities, 2112 require permit authorization as of March 10, 2005.
2113 2114 (v) For any storm water discharge associated with regulated small MS4 as 2115 described in Section 6 (h) (i) and that is not authorized by a storm water general or individual 2116 permit, a permit application made pursuant to Section 6 (b) (iv) must be submitted to the 2117 administrator by March 10, 2003 or within 180 days of notice, unless the administrator grants a 2118 later date, if designated under Section 6 (h) (i) (C) or (D).
2119 2120 (vi) A permit application shall be submitted to the administrator within 60 2121 days of notice of a storm water discharge which the administrator determines contributes to a 2122 violation of a water quality standard or is a significant contributor of pollutants to surface waters 2123 of the state or where the administrator determines that storm water controls are needed for the 2124 discharge based on wasteload allocations that are part of TMDLs that address the pollutant(s) of 2125 concern; unless permission for a later date is granted by the administrator.
2126 2127 (b) Individual permit application. A complete application for an individual permit 2128 must contain, at a minimum, the following information, unless the administrator determines that 2129 certain items are unnecessary in accordance with Section 6 (c):
2130 (i) General requirements of all applications:
2133 (A) Name of the company, entity, or individual seeking a permit;
2135 (B) Mailing address and telephone number of company, entity, or 2136 individual seeking permit;
2137
2138 (C) The facility name, location, and telephone number if applicable; 2139 2140 (D) Applicant status as federal, state, private, public, or other entity; 2141 2142 (E) Name and signature in accordance with the requirements of 2143 Section 14 of this chapter; 2144 2145 (F) Authorization of a duly authorized representative under the 2146 Signatory Requirements of Section 14 of these rules, where applicable; 2147 2148 (G) Location, expressed in latitude and longitude to the nearest 15 2149 seconds, of the facility to be covered under the permit; 2150 2151 (H) Location, expressed as quarter/quarter, section, township, and 2152 range, in the applicable Public Land Survey (PLS), of the facility to be covered under the permit; 2153 2154 (I) A description of the activities conducted by the applicant which 2155 require it to obtain an WYPDES permit; 2156 2157 (ii) Individual permit application requirements for industrial activities. 2158 Individual permit application requirements for industrial activities (not including large or small 2159 construction activities as described in Section 6 (f). Except as provided in Section 6 (b) (iii) and 2160 in Section 6 (g) (iv) (M) and (N), the operator of a storm water discharge associated with 2161 industrial activity subject to this section shall provide, at a minimum: 2162 2163 (A) Up to four (4) SIC codes which best reflect the principal 2164 products or services provided by the facility; 2165 2166 (B) A site map showing topography (or indicating the outline of 2167 drainage areas served by the outfall(s) covered in the application if a topographic map is 2168 unavailable) of the facility including: each of its drainage and discharge structures; the drainage 2169 area of each storm water outfall; paved areas and buildings within the drainage area of each storm 2170 water outfall; each past or present area used for outdoor storage or disposal of significant 2171 materials; each existing structural control measure to reduce pollutants in storm water runoff; 2172 materials loading and access areas; areas where pesticides, herbicides, soil conditioners and 2173 fertilizers are applied; each of its hazardous waste treatment, storage or disposal facilities 2174 (including each area not required to have a RCRA permit which is used for accumulating 2175 hazardous waste under 40 CFR 262.34); each well where fluids from the facility are injected 2176 underground; springs, and other surface water bodies which receive storm water discharges from 2177 the facility; 2178 2179 (C) An estimate of the area of impervious surfaces (including paved 2180 areas and building roofs), the total area drained by each outfall and a narrative description of the 2181 following: significant materials that in the three (3) years prior to the submittal of this application 2182 have been treated, stored or disposed in a manner to allow exposure to storm water; method of 2183 treatment, storage or disposal of such materials; materials management practices employed, in the
2184 three (3) years prior to the submittal of this application to minimize contact by these materials 2185 with storm water runoff; materials loading and access areas; the location, manner and frequency 2186 in which pesticides, herbicides, soil conditioners and fertilizers are applied; the location and a 2187 description of existing structural and non-structural control measures to reduce pollutants in storm 2188 water runoff; and, a description of the treatment the storm water receives, including the ultimate 2189 disposal of any solid or fluid wastes other than by discharge;
2190 2191 (D) A certification that all outfalls that should contain storm water 2192 discharges associated with industrial activity have been tested or evaluated for the presence of 2193 non storm water discharges which are not covered by a permit. Tests for such non storm water 2194 discharges may include smoke tests, fluorometric dye tests, analysis of accurate schematics, as 2195 well as other appropriate tests. The certification shall include a description of the method used, 2196 the date of any testing, and the on site drainage points that were directly observed during a test;
2197 2198 (E) Existing information regarding significant leaks or spills of toxic 2199 or hazardous pollutants at the facility that have taken place within the three (3) years prior to the 2200 submittal of this application;
2201 2202 (F) Quantitative data based on samples collected during storm events 2203 and collected in accordance with Section 6 (b) (ii) (G) from all outfalls containing storm water 2204 discharge associated with industrial activity for the following parameters, except when waived by 2205 the administrator under the provisions of Section 6 (c) of these regulations.
2206 2207 (I) Any pollutant limited in an effluent guideline to which 2208 the facility is subject;
2209 2210 (II) Any pollutant listed in the facility's WYPDES permit for 2211 its process wastewater (if the facility is operating under an existing WYPDES permit);
2212 2213 (III) Oil and grease, pH, BOD5, COD, TSS, total phosphorus, 2214 total Kjeldahl nitrogen, and nitrate plus nitrite nitrogen;
2215 2216 (IV) Information on the discharge required under Appendix B 2217 (a) (vi) of these regulations;
2218 2219 (V) Flow measurements or estimates of the flow rate, the 2220 total amount of discharge for the storm event(s) sampled, and the method of flow measurement or 2221 estimation; and
2222 2223 (VI) The date and duration (in hours) of the storm event(s) 2224 sampled, rainfall measurements or estimates of the storm event (in inches) which generated the 2225 sampled runoff and the duration between the storm event sampled and the end of the previous 2226 measurable (greater than 0.1 inch rainfall) storm event (in hours).
2227 2228 (G) Sampling storm water discharges.
2229
2230 (I) All samples shall be collected from the discharge 2231 resulting from a storm event that is greater than 0.1 inch and at least 72 hours from the previously 2232 measurable (greater than 0.1 inch rainfall) storm event. Where feasible, the variance in the 2233 duration of the event and the total rainfall of the event should not exceed 50 percent from the 2234 average or median rainfall event in that area.
2235 2236 (II) For all applicants, a flow weighted composite shall be 2237 taken for either the entire discharge or for the first three hours of the discharge. The flow 2238 weighted composite sample for a storm water discharge may be taken with a continuous sampler 2239 or as a combination of a minimum of three sample aliquots taken in each hour of discharge for the 2240 entire discharge or for the first three (3) hours of the discharge, with each aliquot being separated 2241 by a minimum period of 15 minutes.
2242 2243 (III) A minimum of one grab sample may be taken for storm 2244 water discharges from holding ponds or other impoundments with a retention period greater than 2245 24-hours.
2246 2247 (IV) For a flow weighted composite sample, only one 2248 analysis of the composite of aliquots is required.
2249 2250 (V) For storm water discharge samples taken from 2251 discharges associated with industrial activities, quantitative data must be reported for the grab 2252 sample taken during the first thirty minutes (or as soon thereafter as practicable) of the discharge 2253 for all pollutants specified in Section 6 (b) (ii) (F).
2254 2255 (VI) The director may allow or establish appropriate site 2256 specific sampling procedures or requirements, including sampling locations, the season in which 2257 the sampling takes place, the minimum duration between the previous measurable storm event 2258 and the storm event sampled, the minimum or maximum level of precipitation required for an 2259 appropriate storm event, the form of precipitation sampled (snow melt or rain fall), protocols for 2260 collecting samples under 40 CFR136 of federal regulations, and additional time for submitting 2261 data on a case by case basis.
2262 2263 (VII) An applicant is expected to “know or have reason to 2264 believe” that a pollutant is present in an effluent based on an evaluation of the expected use, 2265 production, or storage of the pollutant, or on any previous analyses for the pollutant. (For 2266 example, any pesticide manufactured by a facility may be expected to be present in contaminated 2267 storm water runoff from the facility.)
2268 2269 (H) Operators of new sources or new discharges (as defined in 2270 Section 3) which are composed entirely of storm water must include estimates for the pollutants 2271 or parameters listed in Section 6 (b) (ii) (F) instead of actual sampling data, along with the source 2272 of each estimate. Operators of new sources or new discharges composed in part or entirely of 2273 storm water must provide quantitative data for the parameters listed in paragraph Section 6 (b) (ii) 2274 (F) of this section within two (2) years after commencement of discharge, unless such data has
2275 already been reported under the monitoring requirements of the WYPDES permit for the 2276 discharge.
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already been reported under the monitoring requirements of the WYPDES permit for the discharge.
(iii) Individual permit application requirements for large and small construction activities. When required to obtain coverage under an individual WYPDES storm water permit, the operator of an existing or new storm water discharge that is associated with large construction activity under Section 6 (f) (i) or small construction activity under Section 6 (f) (ii) shall, at a minimum, provide a narrative description of:
(A) The location (including a map) and the nature of the construction activity;
(B) The total area of the site and the area of the site that is expected to undergo excavation during the life of the permit;
(C) Proposed measures, including best management practices, to control pollutants in storm water discharges during construction, and a brief description of applicable state and local erosion and sediment control requirements;
(D) Proposed measures to control pollutants in storm water discharges that will occur after construction operations have been completed, including a brief description of applicable state or local erosion and sediment control requirements;
(E) The increase in impervious area after the construction addressed in the permit application is completed, the nature of fill material and existing data describing the soil or the quality of the discharge; and
(F) The name of the receiving water.
(iv) Individual permit application requirements for regulated small MS4s.
(A) The application requirements of Section 4 (o) (iii); and
(B) The operator of an existing or new storm water discharge from a regulated small MS4 under Section 6 (h) shall, at a minimum, provide a narrative description of:
(I) A general description of the best management practices (BMPs) that the permittee or another municipality will implement for each of the storm water minimum control measures at Section 6 (j) (i);
(II) The measurable goals for each of the selected BMPs including, as appropriate, the months and years in which the permittee will undertake required actions, including interim milestones and the frequency of the action;
2319 (III) The person or persons responsible for implementing or 2320 coordinating the permittee's storm water management program. A position, rather than an 2321 individual, may also be designated; and
2322 2323 (IV) A description of the funding sources expected for 2324 implementation of the permittee's program.
2325 2326 (v) Additional information requirements. Applicants shall provide 2327 such other information the administrator may reasonably require to determine whether to issue a 2328 permit and the administrator may require any facility subject to Section 6 (b) (iii) to comply with 2329 Section 6 (b) (ii). The additional information may include additional quantitative data and 2330 bioassays to assess the relative toxicity of discharges to aquatic life and requirements to 2331 determine the cause of the toxicity.
2332 2333 (c) Waiver of application requirements. The administrator may waive any part of 2334 the application requirements contained in Section 6 (b) (ii) (F) and (H) when the applicant makes 2335 a conclusive demonstration to the administrator that certain parameters listed in Section 6 (b) (ii) 2336 (F) are not reasonably likely to be present in storm water discharges associated with the industrial 2337 activity.
2338 2339 (d) Reporting requirements.
2340 2341 (i) Requirements to report monitoring results for storm water discharges 2342 associated with industrial activity or large or small construction activity which are subject to an 2343 effluent guideline shall be established on a case-by-case basis with a frequency dependent on the 2344 nature and effect of the discharge, but in no case less than one (1) a year.
2345 2346 (ii) Requirements to report monitoring results for storm water discharges 2347 associated with industrial activity or large or small construction activity (other than those required 2348 in Section 6 (d) (i)) shall be established on a case-by-case basis with a frequency dependent on 2349 the nature and effect of the discharge. At a minimum, a permit for such a discharge must require:
2350 2351 (A) The discharger to conduct an annual inspection of the facility site 2352 to identify areas contributing to a storm water discharge associated with industrial activity or 2353 large or small construction activity and evaluate whether measures to reduce pollutant loadings 2354 identified in a storm water pollution prevention plan are adequate and properly implemented in 2355 accordance with the terms of the permit or whether additional control measures are needed;
2356 2357 (B) The discharger to maintain for a period of three years a record 2358 summarizing the results of the inspection, a certification that the facility is in compliance with the 2359 plan and the permit, and identification of any incidents of non-compliance;
2360 2361 (C) Such report and certification be signed in accordance with 2362 Section 14; and
2365 (D) Permits for storm water discharges associated with industrial 2366 activity from inactive mining operations may, where annual inspections are impracticable, require 2367 certification once every three years, that the facility is in compliance with the permit, or 2368 alternative requirements.
2370 (iii) Permits which do not require the submittal of monitoring result 2371 reports at least annually shall require that the permittee report all instances of non- compliance 2372 with the terms and conditions of the permit under which the storm water discharges are covered at 2373 least annually.
2375 (e) General permit application requirements. See Section 4 for 2376 general permit application requirements for storm water discharges.
2378 (f) Regulated construction activities. The following discharges, composed entirely 2379 of storm water and associated with construction activities, are point sources requiring an 2380 WYPDES permit.
2382 (i) Storm water discharge associated with large construction activity means 2383 the discharge of storm water from construction activities, including clearing, grading, and 2384 excavating, that result in land disturbance of five (5) or more acres of total land area. Large 2385 construction activity also includes the disturbance of less than five (5) acres of total land area that 2386 is a part of a larger common plan of development or sale if the larger common plan will 2387 ultimately disturb five (5) acres or more.
2389 (ii) A storm water discharge associated with small construction activity.
2391 (A) Storm water discharge associated with small construction 2392 activity means the discharge of storm water from construction activities, including clearing, 2393 grading, and excavating, that result in land disturbance of equal to or greater than one (1) acre and 2394 less than five (5) acres. Small construction activity also includes the disturbance of less than one 2395 (1) acre of total land area that is part of a larger common plan of development or sale, if the larger 2396 common plan will ultimately disturb equal to or greater than one and less than five (5) acres. 2397 Small construction activity does not include routine maintenance that is performed to maintain 2398 the original line and grade, hydraulic capacity, or original purpose of the facility.
2400 (B) The administrator, at his discretion, may waive the otherwise 2401 applicable requirements in a general permit, as described in Section 4, for a storm water discharge 2402 from a small construction activity that disturbs less than five (5) acres where the value of the 2403 rainfall erosivity factor ( $>R$ = in the Revised Universal Soil Loss Equation) is less than five (5) 2404 during the period of construction activity. The rainfall erosivity factor must be determined in 2405 accordance with Chapter 2 of the Agriculture Handbook Number 703, Predicting Soil Erosion by 2406 Water: A Guide to Conservation Planning With the Revised Universal Soil Loss Equation 2407 (RUSLE), pages 21-64, dated January 1997 or a similar state-approved method. The operator or 2408 owner must certify to the administrator that the construction activity will only take place during a 2409 period when the value of the rainfall erosivity factor is less than five (5). If unforeseeable 2410 conditions occur that are outside of the control of the applicant for a waiver, and that will extend
2411 the construction activity beyond the dates initially applied for, the owner or operator must reapply 2412 for the waiver or obtain coverage under a general permit for storm water discharges. The waiver 2413 re-application or permit application must be submitted within two (2) business days after the 2414 unforeseeable condition becomes known. This waiver does not relieve the operator or owner 2415 from complying with requirements of local agencies.
2416 2417 (iii) Any construction activity designated by the administrator, based on the 2418 potential for contribution to a violation of a water quality standard or for significant contribution 2419 of pollutants to surface waters of the state or where the administrator determines that storm water 2420 controls are needed for the discharge based on wasteload allocations that are part of TMDLs that 2421 address the pollutants of concern.
2422 2423 (iv) A storm water discharge associated with small or large construction 2424 activities that are owned or operated by a municipality with a population of less than 100,000 2425 (based on the 1990 census).
2426 2427 (v) For storm water discharges associated with large and/or small 2428 construction activities from point sources which discharge through a non-municipal or non- 2429 publicly owned separate storm sewer system, the director, at his discretion, may issue: a single 2430 WYPDES permit, with each discharger a co permittee to a permit issued to the operator of the 2431 portion of the system that discharges into surface waters of the state; or, individual permits to 2432 each discharger of storm water associated with large and/or small construction activity through 2433 the non municipal conveyance system.
2434 2435 (A) Each facility with a storm water discharge to a storm water 2436 discharge system that is not an MS4 shall be covered by a WYPDES permit, or a permit issued to 2437 the operator of the portion of the system that discharges to surface waters of the state, with each 2438 discharger to the non municipal conveyance a co permittee to that permit.
2439 2440 (B) Where there is more than one (1) operator of a single system of 2441 such conveyances, all operators of storm water discharges associated with industrial activity must 2442 submit applications.
2443 2444 (C) Any permit covering more than one (1) operator shall identify 2445 the effluent limitations, or other permit conditions, if any, that apply to each operator.
2446 2447 (g) Regulated industrial activities. Discharges composed entirely of storm water and 2448 associated with industrial activities are point sources requiring a WYPDES permit.
2449 2450 (i) "Storm water discharge associated with industrial activity" means the 2451 discharge from any conveyance which is used for collecting and conveying storm water and 2452 which is directly related to manufacturing, processing, or raw materials storage areas at an 2453 industrial plant. The term does not include discharges from facilities or activities excluded from 2454 the WYPDES program under these regulations.
2457 (A) For the categories of industries identified in Section 6 (g) (ii) (A) 2458 through (I), the term "storm water discharge associated with industrial activity" includes, but is 2459 not limited to, storm water discharges from industrial plant yards; immediate access roads and rail 2460 lines used or traveled by carriers of raw materials, manufactured products, waste material, or by- 2461 products used or created by the facility; material handling sites; refuse sites; sites used for the 2462 application or disposal of process waste waters; sites used for the storage and maintenance of 2463 material handling equipment; sites used for residual treatment, storage, or disposal; shipping and 2464 receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, 2465 and intermediate and final products; and areas where industrial activity has taken place in the past 2466 and significant materials remain and are exposed to storm water. For the purposes of Section 6 2467 (g), material handling activities include the storage, loading and unloading, transportation, or 2468 conveyance of any raw material, intermediate product, final product or waste product.
2469 2470 (B) The term excludes areas located on a plant site separate from the 2471 plant=s industrial activities, such as office buildings and accompanying parking lots, as long as 2472 the drainage from the excluded areas is not mixed with storm water drained from the industrial 2473 areas described above.
2474 2475 (ii) The following categories of facilities are considered to be engaging in 2476 "industrial activity" for purposes of these regulations. (See Appendix A of these regulations for a 2477 brief description of the SIC codes identified in this section.)
2478 2479 (A) Facilities subject to federal storm water effluent limitations 2480 guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR 2481 Subchapter N (except facilities with toxic pollutant effluent standards which are excluded under 2482 the "no exposure" provisions of Section 6 (g) (iii));
2483 2484 (B) Facilities classified as Standard Industrial Classifications (SICs) 2485 20 through 39 and 4221-25;
2486 2487 (C) Facilities classified as Standard Industrial Classifications 10 and 2488 12 through 14 including active or inactive mining operations and oil and gas exploration, 2489 production, processing, or treatment operations, or transmission facilities that discharge storm 2490 water that has come into contact with any overburden, raw material, intermediate products, 2491 finished products, byproducts or waste products located on the site of such operations; (inactive 2492 mining operations are mining sites that are not being actively mined, but which have an 2493 identifiable owner/operator. Inactive mining sites do not include sites where mining claims are 2494 being maintained prior to disturbances associated with the extraction, beneficiation, or processing 2495 of mined materials, nor sites where minimal activities are undertaken for the sole purpose of 2496 maintaining a mining claim);
2497 2498 Areas of coal mining operations no longer meeting the definition of a reclamation area 2499 under 40 CFR 434.11 (1) because the performance bond issued to the facility by the appropriate 2500 SMCRA (Surface Mining Control and Reclamation Act, 1977) authority has been released, or 2501 areas of non-coal mining operations which have been released from applicable state or federal
2502 reclamation requirements after December 17, 1990 are not considered to be engaged in “industrial 2503 activity” and do not require coverage under a WYPDES storm water permit;
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2505
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2507
2508
2509
2510
2511
2512
2513
2514
2515
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2517
2518
2519
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2523
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2529
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reclamation requirements after December 17, 1990 are not considered to be engaged in “industrial activity” and do not require coverage under a WYPDES storm water permit;
(D) Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Wyoming Hazardous Waste Rules and Regulations;
(E) Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from activities associated with large or small construction activity as described in Sections 6 (f) (i) and 6 (f) (ii) and industrial activities as described in Section 6 (g) (ii)) including those that are subject to regulation under subtitle D of RCRA;
(F) Facilities involved in the recycling of materials, including metal scrap yards, battery reclaimers, salvage yards, and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093;
(G) Steam electric power generating facilities, including coal handling sites;
(H) Transportation facilities classified as Standard Industrial Classifications 40, 41, 42 (except 4221 25), 43, 44, 45, and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under Section 6 (g) (ii) (A through G or I) are associated with industrial activity;
(I) Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA;
(J) A storm water discharge associated with industrial activity from a facility that is owned or operated by a municipality with a population of less than 100,000 (based on the 1990 census);
(K) For storm water discharges associated with industrial activity from point sources which discharge through a non-municipal or non-publicly owned separate storm sewer system, the director, at his discretion, may issue: a single WYPDES permit, with each discharger a co permittee to a permit issued to the operator of the portion of the system that
2547 discharges into surface waters of the state; or, individual permits to each discharger of storm 2548 water associated with industrial activity through the non-municipal conveyance system. 2549
2550 (I) Each facility with a storm water discharge to a storm 2551 water discharge system that is not an MS4 shall be covered by a WYPDES permit, or a permit 2552 issued to the operator of the portion of the system that discharges to surface waters of the state, 2553 with each discharger to the non-municipal conveyance a co permittee to that permit. 2554
2555 (II) Where there is more than one (1) operator of a single 2556 system of such conveyances, all operators of storm water discharges associated with industrial 2557 activity must submit applications. 2558
2559 (III) Any permit covering more than one (1) operator shall 2560 identify the effluent limitations, or other permit conditions, if any, that apply to each operator; 2561
2562 (L) A WYPDES permit is not required for discharges of storm water 2563 runoff from mining operations or oil and gas exploration, production, processing or treatment 2564 operations or transmission facilities, composed entirely of flows which are from conveyances or 2565 systems of conveyances (including but not limited to pipes, conduits, ditches, and channels) used 2566 for collecting and conveying precipitation runoff and which are not contaminated by contact with 2567 or that has not come into contact with, any overburden, raw material, intermediate products, 2568 finished product, byproduct or waste products located on the site of such operations. This 2569 paragraph applies only to the operation of these facilities. Construction of such facilities may 2570 require a permit to discharge storm water as specified in Sections 6 (f) (i) and (ii); 2571
2572 (M) The operator of an existing or new discharge composed entirely 2573 of storm water from an oil or gas exploration, production, processing, or treatment operation, or 2574 transmission facility is not required to submit a notice of intent in accordance with Section 4 or a 2575 permit application in accordance with Section 6 (b), unless the facility: 2576
2577 (I) Has had a discharge of storm water resulting in the 2578 discharge of a reportable quantity for which notification is or was required pursuant to 40 CFR 2579 117.21 or 40 CFR 302.6 at anytime since November 16, 1987; or 2580
2581 (II) Has had a discharge of storm water resulting in the 2582 discharge of a reportable quantity for which notification is or was required pursuant to 40 CFR 2583 110.6 at any time since November 16, 1987; or 2584
2585 (III) Contributes to a violation of a water quality standard; or 2586
2587 (IV) Has been determined by the administrator that storm 2588 water controls are needed for the discharge based on wasteload allocations that are part of 2589 TMDLs that address the pollutants of concern. 2590
2591 (V) The construction of such facilities may still qualify for 2592 permit coverage under Section 6 (f).
2593 2594 2595 2596 2597 2598 2599 2600 2601 2602 2603 2604 2605 2606 2607 2608 2609 2610 2611 2612 2613 2614 2615 2616 2617 2618 2619 2620 2621 2622 2623 2624 2625 2626 2627 2628 2629 2630 2631 2632 2633 2634 2635 2636 2637 2638
(N) The operator of an existing or new discharge composed entirely of storm water from a mining operation is not required to submit a permit application unless the discharge has come into contact with any overburden, raw material, intermediate products, finished product, byproduct or waste products located on the site of such operations; and
(O) Facilities that have been determined, by the administrator, to have the potential to contribute to a violation of a water quality standard or contribute pollutants to surface waters of the state that are part of a TMDL that address the pollutant(s) of concern.
(iii) Discharges composed entirely of storm water are conditionally excluded from storm water permitting by way of not meeting the definition of 'storm water discharges associated with industrial activity' if there is 'no exposure' of industrial materials and/or activities to precipitation, snowmelt and/or runoff, and the discharger satisfies the conditions in Section 6 (g) (iii) (A through D). 'No exposure' means that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to precipitation, snowmelt, and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product.
(A) To qualify for this exclusion, the operator must:
(I) Provide a storm resistant shelter to protect industrial materials and activities from exposure to precipitation, snow melt, and runoff;
(II) Complete and sign, in accordance with Section 14 of these regulations, a certification that there are no discharges of storm water contaminated by exposure to industrial materials and activities from the entire facility, except as provided in Section 6 (g) (iii) (B);
(III) Submit the signed, updated certification to the administrator once every five (5) years;
(IV) Allow the administrator, and/or his authorized representative, upon the presentation of credentials, to inspect the facility to determine compliance with the 'no exposure' conditions;
(V) Allow the administrator to make any 'no exposure' inspection reports available to the public upon request;
(VI) For facilities that discharge through an MS4, submit a copy of the certification of 'no exposure' to the MS4 operator, as well as allow inspection and public reporting by the MS4 operator, upon request; and
2639 (VII) Have adequate protections in place to assure that storm 2640 water discharges associated with industrial activity do not occur from secondary containment 2641 facilities.
2642 2643 (B) To qualify for this exclusion, a storm resistant shelter is not 2644 required for:
2645 2646 (I) Drums, barrels, tanks, and similar containers intended 2647 for the outdoor storage of the contained material, that are tightly sealed, provided those containers 2648 are not deteriorated and do not leak (“sealed” means banded or otherwise secured and without 2649 operational taps or valves), and are not otherwise a source of industrial pollutants;
2650 2651 (II) Adequately maintained vehicles used in material 2652 handling, that are not otherwise a source of industrial pollutants; and
2653 2654 (III) Final products, other than products that would be 2655 mobilized in storm water discharge (e.g., rock salt).
2656 2657 (C) The exclusion is subject to the following limitations:
2658 2659 (I) Storm water discharges from construction activities 2660 identified as small or large in Section 6 (f) are not eligible for this conditional exclusion.
2661 2662 (II) This conditional exclusion from the requirement for a 2663 state WYPDES permit is available on a facility-wide basis only, not for individual outfalls.
2664 2665 (III) If circumstances change and industrial materials or 2666 activities become exposed to precipitation, snow melt, and/or runoff, the conditions for this 2667 exclusion no longer apply. In such cases, the discharge becomes subject to enforcement for 2668 unpermitted discharge. Any conditionally excluded discharger who anticipates such a change in 2669 circumstances must apply for and obtain permit authorization prior to the change of 2670 circumstances.
2671 2672 (IV) Notwithstanding the provisions of this paragraph, the 2673 administrator retains the authority to require permit authorization (and deny this exclusion) upon 2674 making a determination that the discharge causes, has a reasonable potential to cause, or 2675 contributes to an instream excursion above an applicable water quality standard, including 2676 designated uses.
2677 2678 (D) The “no exposure” certification requires the submission of the 2679 following information, at a minimum, to aid the administrator in determining if the facility 2680 qualifies for the no exposure exclusion:
2681 2682 (I) The legal name, address and phone number of the 2683 discharger;
2684
2685 (II) The facility name and address, the county name and the 2686 location description using the public land survey system quarter/quarter, section, township, and 2687 range where the facility is located; 2688 2689 (III) The certification must indicate that none of the following 2690 materials or activities are, or will be in the foreseeable future, exposed to precipitation, snow 2691 melt, and/or runoff: 2692 2693 (1.) Using, storing or cleaning industrial machinery 2694 or equipment, and areas where residuals from using, storing or cleaning industrial machinery or 2695 equipment remain and are exposed to storm water; 2696 2697 (2.) Materials or residuals on the ground or in storm 2698 water inlets from spills/leaks; 2699 2700 (3.) Materials or products from past industrial 2701 activity; 2702 2703 (4.) Material handling equipment (except adequately 2704 maintained vehicles); 2705 2706 (5.) Materials or products during loading/unloading 2707 or transporting activities; 2708 2709 (6.) Materials or products stored outdoors (except 2710 final products intended for outside use, e.g., new cars, where exposure to storm water does not 2711 result in the discharge of pollutants); 2712 2713 (7.) Materials contained in open, deteriorated or 2714 leaking storage drums, barrels, tanks, and similar containers; 2715 2716 (8.) Materials or products handled/stored on roads or 2717 railways owned or maintained by the discharger; 2718 2719 (9.) Waste material (except waste in covered, non- 2720 leaking containers, e.g., dumpsters); 2721 2722 (10.) Application or disposal of process wastewater 2723 (unless otherwise permitted); and 2724 2725 (11.) Particulate matter or visible deposits of residuals 2726 from roof stacks/vents not otherwise regulated, i.e., under an air quality control permit, and 2727 evident in the storm water outflow. 2728
2729 (IV) All “no exposure” certifications must include the 2730 following certification statement, and be signed in accordance with the signatory requirements of 2731 Section 14 of these regulations:
2732 2733 “I certify under penalty of law that I have read and understand the eligibility requirements 2734 for claiming a condition of “no exposure” and obtaining an exclusion from state WYPDES storm 2735 water permitting; and that there are no discharges of storm water contaminated by exposure to 2736 industrial activities or materials from the industrial facility identified in this document (except as 2737 allowed under Wyoming Water Quality Rules and Regulations, Chapter 2 Section 6 (g) (iii) (B)). 2738 I understand that I am obligated to submit a no exposure certification form once every five (5) 2739 years to the administrator and, if requested, to the operator of the local MS4 into which this 2740 facility discharges (where applicable). I understand that I must allow the administrator, or MS4 2741 operator where the discharge is into the local MS4, to perform inspections to confirm the 2742 condition of no exposure and to make such inspection reports publicly available upon request. I 2743 understand that I must obtain coverage under a state WYPDES permit prior to any point source 2744 discharge of storm water from the facility. I certify under penalty of law that this document and 2745 all attachments were prepared under my direction or supervision in accordance with a system 2746 designed to assure that qualified personnel properly gathered and evaluated the information 2747 submitted. Based upon my inquiry of the person or persons who manage the system, or those 2748 persons directly involved in gathering the information, the information submitted is to the best of 2749 my knowledge and belief true, accurate and complete. I am aware there are significant penalties 2750 for submitting false information, including the possibility of fine and imprisonment for knowing 2751 violations.”
2752 2753 (h) Regulated small municipal separate storm sewer systems. Discharges composed 2754 entirely of storm water from regulated small municipal separate storm sewer systems (MS4s) are 2755 point sources requiring a WYPDES permit.
2756 2757 (i) Regulated small MS4s include:
2758 2759 (A) Systems located in an urbanized area as determined by the latest 2760 Decennial Census by the Bureau of the Census. (If the small MS4 is not located entirely within 2761 an urbanized area, only the portion that is within the urbanized area is regulated);
2762 2763 (B) Publicly owned systems similar to MS4s in municipalities, such 2764 as:
2765 2766 (I) Systems at military bases, and large education, hospital 2767 or prison complexes, if they are designed for a maximum daily user population (residents and 2768 individuals who come there to work or use the facilities) of at least 1,000, and are located in an 2769 urbanized area.
2770 2771 (II) Separate storm sewer systems associated with highways 2772 and thoroughfares within the boundary of an urbanized area. 2773
2774 (C) Small MS4s designated by the administrator, where the 2775 designation is pursuant to the following:
2776 2777 (I) The administrator shall evaluate, at a minimum, any 2778 small MS4 located outside of an urbanized area serving a jurisdiction with a population density of 2779 at least 1,000 people per square mile and a population of at least 10,000 (based on the latest 2780 Decennial Census by the Bureau of the Census), to determine whether or not storm water 2781 discharges from the MS4 result in or have the potential to result in exceedances of water quality 2782 standards, including impairment of designated uses, or other significant water quality impacts, 2783 including habitat and biological impacts. The evaluation shall use the following elements, at a 2784 minimum:
2785 2786 (1.) Relationship to sensitive waters. For purposes 2787 of this section, sensitive waters means any class 1, 2AB, 2A or any impaired or threatened waters 2788 listed on the most recent 303 (d) list;
2789 2790 (2.) High growth potential. For purposes of this 2791 section a growth rate of 10% per decade or more will be considered a high rate of growth, the 2792 administrator may also consider other factors such as, but not limited to, sustainability of 2793 population increase, future projected growth, initial population size and population density.
2794 2795 (3.) Size of population and population density. 2796 Whether the MS4 is an MS4 that is not in an urbanized area and has a population of at least 2797 10,000 and a population density of 1,000 people per square mile;
2798 2799 (4.) Contiguity to an urbanized area; and
2800 2801 (5.) Significant contribution of pollutants, based on 2802 credible data, to surface waters of the state.
2803 2804 Based on this evaluation, if the administrator determines that storm water discharges 2805 from the MS4 result in or have the potential to result in exceedances of water quality standards, 2806 including impairment of designated uses, or other significant water quality impacts, including 2807 habitat and biological impacts, the administrator shall designate the MS4 as a regulated small 2808 MS4 to be covered under a state WYPDES storm water discharge permit. However, the MS4 2809 may provide information to the administrator on its existing storm water quality control 2810 programs, including any that are analogous to the six (6) minimum control measures under 2811 Section 6 (j) (i) (B). If the administrator determines that the MS4 has adequate controls for its 2812 storm water discharges, (i.e., is already implementing the applicable portions of the six (6) 2813 minimum measures), it will not be designated as a regulated small MS4 at that time.
2814 2815 (II) Other MS4s. The administrator may evaluate any other 2816 small MS4s other than those described in subsections (I) and (III) of this section, in order to 2817 determine whether or not storm water discharges from a small MS4 result in or have the potential 2818 to result in exceedances of water quality standards, including impairment of designated uses, or 2819 other significant water quality impacts, including habitat and biological impacts. The
2820 administrator will place a high priority on evaluating small MS4s with a combined permanent and 2821 seasonal population (as determined by the official Census population plus the number of 2822 commercially advertised bed accommodations that will allow for an overnight stay, as listed 2823 through the chamber of commerce, or any local resort or property management companies) of 2824 over 10,000. Based on this evaluation, the administrator may designate the small MS4 as a 2825 regulated small MS4 to be covered under a state WYPDES storm water discharge permit at any 2826 time, as appropriate, using the elements shown in Section 6 (h) (i) (C) (I) above.
2827 2828 (III) The administrator shall designate any small MS4 that 2829 contributes substantially to the pollutant loadings of a physically interconnected municipal 2830 separate storm sewer that is designated as a regulated small MS4 to be covered under a state 2831 WYPDES storm water discharge permit.
2832 2833 (IV) Small MS4s may be designated by the administrator 2834 based upon Section 6 (h) (ii) (C).
2835 2836 (V) For any small MS4 that has been evaluated as per 2837 subsections (I) or (II) above, the administrator reserves the right to re-evaluate the MS4 if 2838 circumstances change or new information becomes available.
2839 2840 (D) A storm water discharge that the administrator determines 2841 contributes to a violation of a water quality standard or is a significant contributor of pollutants to 2842 surface waters of the state. This designation may include a discharge from any conveyance or 2843 system of conveyances used for collecting and conveying storm water runoff or a system of 2844 discharges from municipal separate storm sewers, except for those discharges from conveyances 2845 which do not require a permit under Section 6 (g) (iii) (L) or irrigation return flow which is 2846 exempted from the definition of point source in this regulation.
2847 2848 The administrator may designate discharges from a MS4 on a system-wide or 2849 jurisdiction-wide basis. In making this determination the administrator may consider the 2850 following factors:
2851 2852 (I) The location of the discharge with respect to surface 2853 waters of the state;
2854 2855 (II) The size of the discharge;
2856 2857 (III) The quantity and nature of the pollutants discharged to 2858 surface waters of the state; and
2859 2860 (IV) Other relevant factors.
2861 2862 (E) The administrator may designate discharges from municipal 2863 separate storm sewers where the administrator determines that storm water controls are needed 2864 for the discharge based on wasteload allocations that are part of TMDLs that address the 2865 pollutants of concern.
2866 2867 2868 2869 2870 2871 2872 2873 2874 2875 2876 2877 2878 2879 2880 2881 2882 2883 2884 2885 2886 2887 2888 2889 2890 2891 2892 2893 2894 2895 2896 2897 2898 2899 2900 2901 2902 2903 2904 2905 2906 2907 2908 2909 2910 2911
(F) The administrator may issue permits for municipal separate storm sewer systems designated in Section 6 (h) (i) (C) (D) or (E) on a system-wide basis, jurisdiction-wide basis, watershed basis or other appropriate basis, or may issue permits for individual discharges.
(ii) The administrator may waive permit coverage for a small MS4 with a population under 1,000 within the urbanized area where both of the following criteria have been met:
(A) Its discharges are not known to be contributing substantially to the pollutant loadings of a physically interconnected regulated MS4 (see Section 6 (h) (i) (C) (III)); and
(B) The small MS4 does not discharge any pollutant(s) that have been identified as a cause of impairment of any water body to which it discharges and storm water controls are not needed based on wasteload allocations that are part of a local watershed plan or an EPA approved TMDL that addresses the pollutant(s) of concern.
(C) A small MS4 waived under this section may be designated if circumstances change or new information becomes available.
(iii) Whether or not a discharge from a municipal separate storm sewer is subject to regulation under this Section 6 (h) shall have no bearing on whether the owner or operator of the discharge is eligible for funding under Title II, Title III or Title VI of the CWA.
(i) Petitions.
(i) Any operator of a municipal separate storm sewer system may petition the director to require a separate WYPDES permit for any discharge into the municipal separate storm sewer system.
(ii) Any person may petition the director to require a WYPDES permit, where one does not already exist, for a discharge which is composed entirely of storm water which contributes to a violation of a water quality standard or is a significant contributor of pollutants to surface waters of the state.++
(iii) Any person may petition the director for the designation of a small MS4 as defined in these regulations.
(iv) The owner or operator of a municipal separate storm sewer system may petition the director to reduce the Census estimates of the population served by such separate system to account for storm water discharged to combined sewers as defined by 40 CFR 35.2005 (b) (11) that is treated in a publicly owned treatment works. In municipalities in which combined sewers are operated, the Census estimates of population may be reduced proportional to the fraction, based on estimated lengths, of the length of combined sewers over the sum of the length
2912 of combined sewers and municipal separate storm sewers where an applicant has submitted the 2913 WYPDES permit number associated with each discharge point and a map indicating areas served 2914 by combined sewers and the location of any combined sewer overflow discharge point.
2915 2916 (v) The director shall make a final determination on any petition received 2917 under this section within 90 days after receiving the petition with the exception of petitions to 2918 designate a small MS4, in which case the director shall make a final determination on the petition 2919 within 180 days after receipt of the petition.
2920 2921 (j) Conditions for municipal storm water permits.
2922 2923 (i) An individual permit issued under Section 6 or general permit 2924 authorization issued under Section 4 to a regulated small MS4 shall contain the following 2925 requirements, at a minimum:
2926 2927 (A) The MS4 permit will require that the regulated small MS4 2928 develop, implement, and enforce a storm water management program designed to reduce the 2929 discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, 2930 and to satisfy the appropriate water quality requirements of the Wyoming Environmental Quality 2931 Act (W.S. 35-11-301 to 35-11-311). The storm water management program must include the 2932 minimum control measures described in Section 6 (j) (i) (B). Implementation of BMPs consistent 2933 with the provisions of the storm water discharge permit required pursuant to this section 2934 constitutes compliance with the standard of reducing pollutants to the maximum extent 2935 practicable.
2936 2937 The initial permit for the regulated small MS4 will specify a time period of up to five (5) 2938 years from the date of permit issuance for development and implementation of the program.
2939 2940 (B) Minimum control measures.
2941 2942 (I) Public education and outreach on storm water impacts. 2943 The permittee must implement a public education program to:
2944 2945 (1.) Distribute educational materials to the 2946 community or conduct equivalent outreach activities about the impacts of storm water discharges 2947 on water bodies and the steps that the public can take to reduce pollutants in storm water runoff; 2948 and
2949 2950 (2.) Inform public employees, businesses and the 2951 general public of impacts associated with illegal discharges and improper disposal of waste.
2952 2953 (II) Public involvement/participation. The permittee must, at 2954 a minimum, comply with any applicable state and local public notice requirements when 2955 implementing the storm water management programs required under the permit. Notice of all 2956 public hearings should be published in a community publication or newspaper of general
2957 circulation, to provide opportunities for public involvement that reach a majority of citizens
2959
2960 (III) Illicit discharge detection and elimination. The 2961 permittee must develop, implement and enforce a program to detect and eliminate illicit 2962 discharges (as defined in Section 3) into the permittee's small MS4.
2963
2964 (1.) The permittee must:
2965
2966
2967 a. Develop, if not already completed, a 2967 storm sewer system map, showing the location of all municipal storm sewer outfalls and the
2968 names and location of all surface waters of the state that receive discharges from those outfalls;
2969
2970
2971
2972
2973
2974
2975
2976
2977
2978
2979
2980
2981
2982
2983
2984
2985
2986
2987
2988
2989
2990
2991
2992
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2997
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2999
3000
3001
a. Develop, if not already completed, a storm sewer system map, showing the location of all municipal storm sewer outfalls and the names and location of all surface waters of the state that receive discharges from those outfalls;
b. To the extent allowable under state or local law, effectively prohibit, through ordinance or other regulatory mechanism, non-storm water discharges into the storm sewer system, and implement appropriate enforcement procedures and actions; and
c. Develop and implement a plan to detect and address non-storm water discharges, including illicit discharges and illegal dumping, to the system. The plan must include the following three components: procedures for locating priority areas likely to have illicit discharges; procedures for tracing the source of an illicit discharge; and procedures for removing the source of the discharge.
(2.) The permittee shall address the following categories of non-storm water discharges or flows (i.e., illicit discharges) only if the permittee identifies them as significant contributors of pollutants to the permittee's small MS4 discharges: landscape irrigation, lawn watering, diverted stream flows, irrigation return flow, rising groundwaters, groundwater infiltration (as defined at 40 CFR 35.2005(20)), pumped groundwater, springs, flows from riparian habitats and wetlands, water line flushing, discharges from potable water sources, foundation drains, air conditioning condensation, water from crawl space pumps, footing drains, individual residential car washing, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the effective prohibition against non-storm water and need only be addressed where they are identified as significant sources of pollutants to surface waters of the state).
(IV) Construction site storm water runoff control.
(1.) The permittee must develop, implement, and enforce a program to reduce pollutants in any storm water runoff to the MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. Reduction of pollutants in storm water discharges from construction activity disturbing less than one acre must be included in the program if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. If the administrator waives requirements for storm water discharges associated with a small construction activity in
3002 accordance with Section 6 (f) (ii) (B), the permittee is not required to develop, implement, and/or 3003 enforce its program to reduce pollutant discharges from such a site.
3004 3005 (2.) The program must be developed and 3006 implemented to assure adequate design, implementation, and maintenance of BMPs at 3007 construction sites within the MS4 to reduce pollutant discharges and protect water quality. The 3008 program must include the development and implementation of, at a minimum:
3009 3010 a. An ordinance or other regulatory 3011 mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to 3012 the extent allowable under state or local law;
3013 3014 b. Requirements for construction site 3015 operators to implement appropriate erosion and sediment control BMPs;
3016 3017 c. Requirements for construction site 3018 operators to control waste such as discarded building materials, concrete truck washout, 3019 chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to 3020 water quality;
3021 3022 d. Procedures for site plan review which 3023 incorporate consideration of potential water quality impacts;
3024 3025 e. Procedures for receipt and consideration 3026 of information submitted by the public, and
3027 3028 f. Procedures for site inspection and 3029 enforcement of control measures.
3030 3031 (V) Post-construction storm water management in new 3032 development and redevelopment.
3033 3034 3035 (1.) The permittee must develop, implement, and 3036 enforce a program to address storm water runoff from new development and redevelopment 3037 projects that disturb greater than or equal to one acre, including projects less than one acre that 3038 are part of a larger common plan of development or sale, that discharge into the small MS4. The 3039 program must ensure that controls are in place that would prevent or minimize water quality 3040 impacts.
3041 3042 (2.) The permittee must:
3043 3044 a. Develop and implement strategies which 3045 include a combination of structural and/or non-structural BMPs appropriate for the community;
3046
3047 b. Use an ordinance or other regulatory 3048 mechanism to address post-construction runoff from new development and redevelopment 3049 projects to the extent allowable under state or local law; and
3050 3051 c. Ensure adequate long-term operation 3052 and maintenance of BMPs.
3053 3054 (VI) Pollution prevention/good housekeeping for municipal 3055 operations. The permittee must develop and implement an operation and maintenance program 3056 that includes an employee training component and has the ultimate goal of preventing or reducing 3057 pollutant runoff from municipal operations. The program must also inform public employees of 3058 impacts associated with illegal discharges and improper disposal of waste from municipal 3059 operations. The program must prevent and/or reduce storm water pollution from facilities such as 3060 streets, roads, highways, municipal parking lots, maintenance and storage yards, fleet or 3061 maintenance shops with outdoor storage areas, salt/sand storage locations and snow disposal 3062 areas operated by the permittee, waste transfer stations, and from activities such as park and open 3063 space maintenance, fleet and building maintenance, street maintenance, new construction of 3064 municipal facilities, and storm water system maintenance, as applicable.
3065 3066 (C) If an existing qualifying local program requires the permittee to 3067 implement one or more of the minimum control measures of Section 6 (j) (i) (B), the 3068 administrator may include conditions in the permit that direct the permittee to follow that 3069 qualifying program's requirements rather than the requirements of Section 6 (j) (i) (B). A 3070 qualifying local program is a local or state municipal storm water management program that 3071 imposes, at a minimum, the relevant requirements of Section 6 (j) (i) (B). The permit may be 3072 reopened and modified to include the requirement to implement a minimum control measure if 3073 the other entity fails to implement it.
3074 3075 (D) The permittee must comply with any more stringent effluent 3076 limitations in the permit, including permit requirements that modify, or are in addition to, the 3077 minimum control measures, based on an approved TMDL or equivalent analysis. The 3078 administrator may include more stringent limitations based on a TMDL or equivalent analysis 3079 that determines such limitations are needed to protect water quality.
3080 3081 (E) The permittee must comply with other applicable state WYPDES 3082 permit requirements, standards and conditions established in the individual or general permit, 3083 developed consistent with the provisions of Section 6 (b) or Section 4, as appropriate.
3084 3085 (F) A permittee may rely on another entity to satisfy its state 3086 WYPDES permit obligations to implement a minimum control measure, or component thereof if:
3087 3088 (I) The other entity, in fact, implements the control 3089 measure;
3090 3091 (II) The particular control measure, or component thereof, is 3092 at least as stringent as the corresponding WYPDES permit requirement; and
3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137
(III) The other entity agrees to implement the control measure on behalf of the permittee. The permittee must specify in reports submitted under Section 6 (j) (i) (G) (iii), that it relies on another entity to satisfy some of its permit obligations. If the permittee is relying on another entity, subject to these regulations, to meet all of its permit obligations, including the obligation to file periodic reports, it must note that fact in its NOI. The permittee remains responsible for compliance with its permit obligations if the other entity fails to implement the control measure (or component thereof).
(I) Evaluation. The permittee shall evaluate program compliance, the appropriateness of its identified BMPs, and progress towards achieving its identified measurable goals. A summary of this evaluation shall be included in the permittee's annual report.
(II) Record keeping. The permittee must keep records required by the permit for at least three (3) years. The permittee must submit their records to the administrator only when specifically asked to do so. The permittee must make the records, including a description of the permittee's storm water management program, available to the public at reasonable times during regular business hours. (The permittee may assess a reasonable charge for copying. The permittee may require a member of the public to provide advance notice.)
(III) Reporting. The permittee shall submit annual reports to the administrator for the permittee's first permit term. For subsequent permit terms, reports must be submitted in years two (2) and four (4) unless the administrator requires more frequent reporting. The permittee's report must include:
(1.) The status of compliance with permit conditions, an assessment of the appropriateness of the permittee's identified BMPs and progress towards achieving the permittee's identified measurable goals for each of the minimum control measures;
(2.) Results of information collected and analyzed, including monitoring data, if any, during the reporting period;
(3.) A summary of the storm water activities the permittee plans to undertake during the next reporting cycle;
(4.) A change in any identified BMPs or measurable goals for any of the minimum control measures; and
(5.) Notice that the permittee is relying on another governmental entity to satisfy some of the permittee's permit obligations (if applicable).
3138 (H) Any additional requirements as determined to be necessary by 3139 the administrator.
3140 3141 (ii) The administrator may determine monitoring requirements for the 3142 permittee in accordance with state monitoring plans appropriate to the permittee's watershed.
3143 3144 (k) Qualifying programs. Qualifying state or local programs associated with 3145 municipal storm water permits.
3146 3147 (i) For storm water discharges associated with small construction activity 3148 identified in Section 6 (f) (ii) (A), the administrator may include permit conditions that 3149 incorporate qualifying state or local erosion and sediment control program requirements by 3150 reference. A qualifying state or local erosion and sediment control program is one that includes:
3151 3152 (A) Requirements for construction site operators to implement 3153 appropriate erosion and sediment control best management practices;
3154 3155 (B) Requirements for construction site operators to control waste 3156 such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste 3157 at the construction site that may cause adverse impacts to water quality;
3158 3159 (C) Requirements for construction site operators to develop and 3160 implement a storm water pollution prevention plan. (A storm water pollution prevention plan 3161 includes site descriptions, descriptions of appropriate control measures, copies of approved local 3162 requirements, maintenance procedures, inspection procedures, and identification of non-storm 3163 water discharges); and
3164 3165 (D) Requirements to submit a site plan for review that incorporates 3166 consideration of potential water quality impacts.
3167 3168 (ii) For storm water discharges from large construction activity identified in 3169 Section 6 (f) (i), the administrator may include permit conditions that incorporate qualifying state 3170 or local erosion and sediment control program requirements by reference. A qualifying state or 3171 local erosion and sediment control program is one that includes the elements listed in Section 6 3172 (k) (i), and any additional requirements necessary to achieve the applicable technology-based 3173 standards of "best available technology" and "best conventional technology" based on the best 3174 professional judgment of the permit writer.
3175 Section 7. Isolated Wetlands-Mitigation Requirements.
3176 This section applies to the process for approving mitigation for activities that cause the 3177 destruction, damage, or impairment of naturally occurring isolated wetlands or man-made 3178 isolated wetlands used to mitigate the loss of naturally occurring wetlands.
3179 3180 (a) Point source discharge activities required to file mitigation plans. Any person 3181 who proposes a point source discharge of dredged or fill material into a naturally occurring 3182 isolated wetland or man-made isolated wetlands used to mitigate the loss of a naturally occurring
3183 wetland in such a manner that causes the loss or destruction of greater than a cumulative one (1) 3184 acre of wetland habitat for the total project shall file with the administrator a notice of intent for 3185 coverage under an isolated wetlands mitigation general permit and a mitigation plan designed to 3186 offset the loss of wetland functions and values. Such notices of intent and mitigation plans must 3187 be filed and approved by the administrator prior to the commencement of the activity which will 3188 cause the wetland loss. Those activities which are subject to a permit or authorization from the 3189 U.S. Army Corps of Engineers pursuant to Section 404 of the CWA or mining activities subject 3190 to a permit or authorization from the Wyoming Department of Environmental Quality, Land 3191 Quality Division are exempt from this requirement.
3192 3193 (b) Mitigation plan contents and area of impact. Mitigation plans submitted to the 3194 administrator under this section shall contain the following information:
3195 3196 (i) Name and address of the applicant;
3197 3198 (ii) Location and description of the isolated wetland that will be impacted, 3199 including the area of impact in acres, type of wetland, probable functional values, and source of 3200 water;
3201 3202 (iii) Delineation of the impacted wetland using the U.S. Army Corps of 3203 Engineer's 1987 wetland delineation manual including maps, drawings, data sheets and 3204 conclusions;
3205 3206 (iv) Name(s) and address(s) of adjacent property owners who may be 3207 affected by the activity;
3208 3209 (v) Description of the activity causing the wetland impact;
3210 3211 (vi) Description of actions to be taken to fully offset damage to the impacted 3212 wetland;
3213 3214 (vii) Where the proposed mitigation involves the construction of replacement 3215 wetlands or the enhancement of existing wetlands the location and description of the mitigation 3216 area including the name and address of the landowner, construction plans, maps, water sources 3217 and construction time tables;
3218 3219 (viii) Where the proposed mitigation involves the use of wetland credits 3220 recorded in the "Wyoming Statewide Wetland Mitigation Bank" a written authorization signed by 3221 the credit owner referencing the wetland credit file number and the amount of credit authorized 3222 for use;
3223 3224 (ix) List of related permissions and/or authorizations necessary to 3225 successfully complete the planned mitigation including but not limited to water rights, easements, 3226 and associated federal, state or local permits.
3227
3228 (c) Access to physical locations associated with the permit. If requested by the 3229 administrator or the administrator's authorized agent, the permittee shall provide access to, 3230 physical locations associated with this permit including, but not limited to, any waters of the state 3231 associated with the permit at the point of discharge. 3232
3233 (d) Criteria for approval of mitigation plans under a general permit. 3234
3235 (i) The administrator shall approve all mitigation plans utilizing Wyoming 3236 Wetland Banked Credits in accordance with the "Wyoming Statewide Wetland Mitigation Bank - 3237 Guidelines for Interpretation and Implementation," April 1995; 3238
3239 (ii) The administrator shall approve all mitigation plans involving the 3240 creation of new replacement wetlands, the restoration of degraded wetlands, or the enhancement 3241 of existing wetlands that are not recorded in the Statewide Wetland Mitigation Bank but meet the 3242 substantial elements of the wetland banking guidelines; 3243
3244 (iii) The administrator may approve types of mitigation other than those 3245 described in the April 1995 Wetland Mitigation Bank Guidelines on a case-by-case basis after 3246 consideration of the ecological function and wetland value of the impacted wetlands and the net 3247 environmental benefit of the proposed mitigation. Such types of mitigation may include but are 3248 not limited to the acquisition of conservation easements, contributions to specific private or 3249 public habitat improvement projects, or modifications to the geographic and ecological 3250 limitations expressed in the wetland banking guidelines. 3251
3252 (e) Processing of notices of intent. Processing of notices of intent shall be in 3253 accordance with the procedures outlined in Section 4 (f) of these regulations. 3254
3255 (f) Permit by rule. Discharges of dredged or fill material into naturally occurring 3256 isolated wetlands or man-made isolated wetlands used to mitigate the loss of naturally occurring 3257 wetlands which cause the loss or destruction of one acre or less of wetland habitat for the total 3258 project are permitted by rule in accordance with the following requirements: 3259
3260 (i) There shall be no discharge of solid wastes (as defined in Chapter 1, 3261 Section 1 [f] of the Department's Hazardous Waste Management Rules and Regulations), 3262 hazardous wastes, hazardous materials, hazardous constituents, radioactive material or any toxic 3263 substance. 3264
3265 (ii) This permit by rule is not applicable to those activities which are subject 3266 to a permit or authorization from the U.S. Army Corps of Engineers pursuant to Section 404 of 3267 the CWA or mining activities subject to a permit or authorization from the Wyoming Department 3268 of Environmental Quality, Land Quality Division.
3269 Section 8. Variance Requests.
3270 (a) Variance requests by non-POTWs. 3271
3272 (i) A discharger which is not a publicly owned treatment works (POTW) 3273 may request a variance from otherwise applicable effluent limitations under any of the following 3274 statutory or regulatory provisions within the times specified in this section:
3275 3276 (A) Fundamentally different factors.
3277 3278 (I) A request for a variance based on the presence of 3279 “fundamentally different factors” from those on which the effluent limitations guideline was 3280 based shall be filed as follows:
3281 3282 (1.) For a request from best practicable control 3283 technology (BPT) currently available, at the time of application.
3284 3285 (2.) For a request from best available technology 3286 (BAT) economically achievable and/or best conventional pollutant control technology (BCT), by 3287 no later than 180 days after the date on which an effluent limitation guideline is published in the 3288 federal register for a request based on an effluent limitation guideline promulgated on or after 3289 February 4, 1987.
3290 3291 (II) The request shall explain how the applicable 3292 requirements of Wyoming Water Quality Rules and Regulations Chapter 1 - Surface Water 3293 Quality Standards, the Environmental Quality Act and the provisions of these regulations have 3294 been met.
3295 3296 (B) Non-conventional pollutants. Request for a variance from the 3297 BAT requirements for CWA Section 301 (b) (2) (F) pollutants (commonly called “non- 3298 conventional” pollutants) pursuant to Section 301 (c) of the CWA because of the economic 3299 capability of the owner or operator, or pursuant to Section 301 (g) of the CWA provided however 3300 that a § 301 (g) variance may only be requested for ammonia, chlorine, color, iron, total phenols 3301 (when determined by the Regional Administrator to be a pollutant covered by Section 301 (b) (2) 3302 (F) and any other pollutant which the Regional Administrator lists under Section 301 (g) (4) of 3303 the CWA) and must be made as follows:
3304 3305 (I) For those requests for a variance from an effluent 3306 limitation based upon an effluent limitation guideline by:
3307 3308 (1.) Submitting an initial request to the director and 3309 the Regional Administrator stating the name of the discharger, the permit number, the outfall 3310 number(s), the applicable effluent guideline, and whether the discharger is requesting a Section 3311 301 (c) or Section 301 (g) modification or both. This request must have been filed not later than 3312 270 days after promulgation of an applicable effluent limitation guideline for guidelines 3313 promulgated after December 27, 1977; and
3314 3315 (2.) Submitting a completed request no later than the 3316 close of the public comment period under Section 15 of these regulations demonstrating that the 3317 applicable requirements of Section 5 (c) (iii) (A) and (B) and Appendices F, L and M have been
3318 met. Notwithstanding this provision, the complete application for a request under section 301 (g) 3319 shall be filed 180 days before the director must make a decision (unless the director establishes a 3320 shorter or longer period).
3321 3322 (II) For those requests for a variance from effluent 3323 limitations not based on effluent limitation guidelines, the request need only comply with Section 3324 8 (a) (i) (B) (I) (b) and need not be preceded by an initial request under Section 8 (a) (i) (B) (I) 3325 (a).
3326 3327 (C) Water quality related effluent limitations. A modification under 3328 CWA Section 302 (b) (2) of requirements under CWA Section 302 (a) for achieving water quality 3329 related effluent limitations may be requested no later than the close of the public comment period 3330 under Section 15 of these regulations on the permit from which the modification is sought.
3331 3332 (D) Thermal discharges. A variance under the CWA Section 316 (a) 3333 for the thermal component of any discharge must be filed with a timely application for a permit 3334 under this section, except that if thermal effluent limitations are established under the CWA 3335 Section 402 (a) (1) or are based on water quality standards the request for a variance may be filed 3336 by the close of the public comment period under Section 15 of these regulations. A copy of the 3337 request as required under Appendix M of these regulations, shall be sent simultaneously to the 3338 director.
3339 3340 (b) Variance requests by POTWs. A discharger which is a publicly owned treatment 3341 works (POTW) may request a variance from otherwise applicable effluent limitations as follows:
3342 3343 Water quality based effluent limitation. A modification under CWA Section 302 (b) (2) 3344 of the requirements under Section 302 (a) for achieving water quality based effluent limitations 3345 shall be requested no later than the close of the public comment period under Section 15 of these 3346 regulations on the permit from which the modification is sought.
3347 3348 (c) Expedited variance procedures and time extensions.
3349 3350 (i) Notwithstanding the time requirements in Section 8 (a) and (b), the 3351 director may notify a permit applicant before a draft permit is issued under Section 5 that the draft 3352 permit will likely contain limitations which are eligible for variances. In the notice the director 3353 may require the applicant as a condition of consideration of any potential variance request to 3354 submit a request explaining how the requirements of Section 5 (c) (iii) (A) and (B) and 3355 Appendices F, L and M applicable to the variance have been met and may require its submission 3356 within a specified reasonable time after receipt of the notice. The notice may be sent before the 3357 permit application has been submitted. The draft or final permit may contain the alternative 3358 limitations which may become effective upon final granting of the variance.
3359 3360 (d) Decisions on variances.
3361 3362 (i) The director may grant or deny requests for the following variances:
3363
3364 (A) Extensions under CWA Section 301 (i) based on delay in 3365 completion of a publicly owned treatment works; 3366 3367 (B) After consultation with the Regional Administrator, extensions 3368 under CWA Section 301 (k) based on the use of innovative technology; or 3369 3370 (C) Variances under CWA Section 316 (a) for thermal pollution. 3371 3372 (ii) The director may deny or forward to the Regional Administrator with a 3373 written concurrence, or submit to EPA without recommendation a completed request for: 3374 3375 (A) A variance based on the economic capability of the applicant 3376 under CWA Section 301 (c); or 3377 3378 (B) A variance based on water quality related effluent limitations 3379 under CWA Section 302 (b) (2). 3380 3381 (iii) EPA may approve or deny any variance request. If EPA approves the 3382 variance, the director may prepare a draft permit incorporating the variance. 3383 3384 (iv) The director may deny or forward to the Administrator of the EPA (or 3385 his delegate) with a written concurrence a completed request for: 3386 3387 (A) A variance based on the presence of “fundamentally different 3388 factors” from those on which an effluent limitation guideline was based and in accordance with 3389 Appendix M of these regulations; 3390 3391 (B) A variance based upon certain water quality factors under CWA 3392 Section 301 (g). 3393 3394 (v) The Administrator of the EPA (or his delegate) may grant or deny a 3395 request for a variance listed in Section 8 (e) (iv) of these regulations. If the Administrator of the 3396 EPA (or his delegate) approves the variance, the director may prepare a permit incorporating the 3397 variance. 3398 3399 (vi) Any public notice of a draft permit for which a variance has been 3400 approved or denied shall identify the applicable procedures for appealing that decision. 3401 3402 (e) When the director issues a permit on which EPA has made a variance decision, 3403 separate appeals of the permit and of the EPA variance decision are possible. 3404 3405 (i) Variance decisions made by EPA may be appealed under the provisions 3406 of 40 CFR 124.19. 3407 3408 (ii) Decisions by the director regarding the issuance or denial of a WYPDES 3409 permit may be appealed in accordance with the provisions of Section 17 of these regulations.
3410
3411
Once the requirements of Sections 4 (b) and (c), 5 (a) and (b), and 6 (b) or 7 (a) and (b) of these regulations have been met, a final determination regarding issuance or denial of a permit or authorization shall be made.
3414
3415
(a) Denial of permits or authorizations. No permit or authorization shall be issued which would authorize any of the following discharges:
3417
3418
(i) The discharge of any radiological, chemical, or biological warfare agent, or high level radioactive waste into surface waters of the state;
3420
3421
(ii) Any discharge which the Secretary of the Army, acting through the Chief of Engineers, finds would substantially impair anchorage and navigation;
3423
3424
(iii) Any discharge to which the Regional Administrator of the EPA has objected pursuant to the provisions of 40 CFR Part 123.44;
3426
3427
(iv) Any discharge from a point source which is in conflict with a plan or amendment thereto approved pursuant to Section 208 (b) of the Federal Act;
3429
3430
(v) Any discharge that, after imposition of permit conditions, cannot ensure compliance with the applicable water quality requirements of all affected states; and
3432
3433
(vi) No permit may be issued when conditions of the permit do not provide compliance with applicable requirements of W.S. 35-11-302 and of these regulations.
3435
3436
(b) Issuance of permits or authorizations. The permit or authorization shall be issued if all the requirements of appropriate sections of W.S. 35-11-302 and these regulations have been met and the issuance of the permit or authorization is not denied under Section 9 (a). In this regard, the term 'reasonableness' as used in W.S. 35-11-302 (a) (vi) shall be considered to mean, as a minimum, compliance with applicable effluent standards and applicable water quality standards.
3442
3443
(c) Incorporation of permit conditions. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit.
3446
3447
(d) Term of permits. A permit issued pursuant to these regulations shall have a fixed term not to exceed five (5) years unless extended under Section 11 of these regulations. Reissuance of a permit issued pursuant to these regulations shall be in accordance with the requirements of Sections 5 (a) and (b), and 9.
3451
3452
3453
3455 Permits.
3456 (a) Deadlines for permit renewal application. The owner or operator of any point 3457 source within the state who proposes to continue a permitted discharge into surface waters of the 3458 state beyond the expiration date of a permit must file with the administrator a complete 3459 application form either 1) no less than 180 days in advance of the permit expiration date, unless 3460 otherwise approved by the administrator, or 2) in sufficient time to insure compliance with the 3461 requirements of Section 306 of the Federal Act, or with any applicable zoning or siting 3462 requirements established pursuant to Section 208 (b) (2) (c) of the Federal Act, and any other 3463 applicable water quality standards and limitations or in the case of general permits, in accordance 3464 with the terms specified in the applicable general permit. Except as authorized under Section 11 3465 of these regulations, no person shall continue to discharge beyond the expiration date of a permit 3466 without having obtained a reissued permit from the department.
3467 3468 (b) Renewal application requirements. An application for renewal of an existing 3469 permit shall identify any changes or additions to the information, listed in Section 5 (a) (v), that 3470 was provided in the application form or additional requested information for the permit most 3471 recently noticed.
3472 3473 (c) Review of renewal applications. The administrator shall have each request for 3474 renewal reviewed in light of the existing permit or authorization, information provided by the 3475 permittee with the request for renewal, and all other information available to the administrator 3476 bearing on the subject permit or authorization to insure that the following conditions exist:
3477 3478 (i) That the permittee is in compliance with or has substantially complied 3479 with all the terms and conditions of the expiring permit or authorization;
3480 3481 (ii) That the discharge is consistent with applicable effluent standards and 3482 compliance schedules, water quality standards, and other legally applicable requirements imposed 3483 under these regulations; and
3484 3485 (iii) That the administrator has up-to-date information on the permittee's 3486 discharge, either pursuant to the submission of new forms or pursuant to monitoring records and 3487 reports submitted to the administrator by the permittee.
3488 3489 (d) Determination of permit or authorization renewal. Following the review of the 3490 request for renewal of a permit or renewal authorization and the other considerations described in 3491 paragraph (c) above, the administrator shall:
3493 (i) Make a determination to renew or deny renewal of an authorization for
3496 (ii) For individual permits, the administrator shall make a recommendation
3497 to the director for permit renewal or denial of permit renewal.
3498
3499 (e) Notification of determination not to renew. In the event that the administrator 3500 determines that a permit shall not be renewed or that an authorization shall not be renewed, 3501 notification of such determination will be provided to the permittee prior to the expiration of the 3502 existing permit or authorization or in accordance with Section 11 of these regulations. 3503
3504 (f) Processing and public notice procedures for permit renewals. The processing and 3505 public notice procedures in Sections 5 (b) and 15 shall be followed for every permit that is 3506 renewed and the processing procedures in Section 4 (f) shall be followed for every authorization 3507 that is renewed. 3508
3509 (g) Commencement of public notice for permit renewals. Public notice for permits 3510 being proposed for renewal shall commence not later than 30 days prior to the expiration date of 3511 the permit. In the event that permit renewals are not public noticed within 30 days prior to the 3512 permit expiration date, the permit may be continued in accordance with the provisions of Section 3513 11 of these regulations. 3514
3515 (h) Renewal of authorizations. Renewal of coverage authorized under an expiring 3516 general permit shall be conducted in accordance with the provisions established under the general 3517 permit.
3518 Section 11. Continuation of Expiring Permits.
3519 (a) Conditions. For WYPDES permits issued under the provisions of these rules, the 3520 conditions of an expired permit shall remain in force until the effective date of a new permit 3521 provided the following conditions are met: 3522
3523 (i) The permittee has submitted a timely and complete application for 3524 renewal in accordance with the provisions of Section 10 of these regulations; and 3525
3526 (ii) The director, through no fault of the permittee, does not issue a renewal 3527 permit with an effective date on or before the expiration date of the previous permit. 3528
3529 (b) Final determination. The administrator will make a final determination on the 3530 renewal application within 180 days of the permit extension. 3531
3532 (c) Effectiveness and enforceability. Permits continued under this section remain 3533 fully effective and enforceable.
3534 Section 12. Permit or Authorization Modifications.
3535 (a) Deadlines for permit or authorization modification application. The owner or 3536 operator of any point source within the state who proposes a major modification to an existing 3537 permit or a modification to an authorization must file a complete application form with the 3538 administrator either 1) no less than 180 days in advance of the date on which it is desired to 3539 change or alter the discharge unless otherwise approved by the administrator; or 2) in sufficient 3540 time prior to the alteration of the discharge to insure compliance with the requirements of Section 3541 306 of the CWA, or with any applicable zoning or siting requirements established pursuant to
3542 Section 208 (b) (2) (c) of the CWA, and any other applicable water quality standards and 3543 limitations. In any event, no person shall change or alter the conditions of a permitted discharge 3544 without having obtained a modification from the department and no modification shall be issued 3545 without full compliance by the permittee with all requirements of these regulations. 3546
3547 (b) Modification application requirements. An application for modification of an 3548 existing permit or authorization shall identify any changes or additions to the information, listed 3549 in Section 5 (a) (v) or Section 4 (m), (n) or (o), that was provided in the application form or 3550 additional requested information for the permit most recently noticed. 3551
3552 3553 (c) Request for modification. Permits or authorizations may be modified, revoked 3554 and reissued, or terminated either at the request of any interested person or upon the 3555 administrator's initiative. However, permits or authorizations may only be modified, revoked 3556 and reissued, or terminated for the reasons specified in Sections 12 and 13. All requests shall be 3557 in writing and shall contain facts or reasons supporting the request. 3558
3559 (d) Reasons for permit modification. A permit may be modified in whole or in part 3560 when: 3561
3562 (i) There are material and substantial alterations or additions to the 3563 permitted facility or activity which occurred after permit issuance which justify the application of 3564 permit conditions that are different or absent in the existing permit. 3565
3566 (ii) The administrator has received new information which was not available 3567 at the time of permit issuance (other than revised regulations, guidance, or test methods) and 3568 which would have justified different permit conditions at the time of issuance, including 3569 information derived from effluent testing required under Section 5 (c) (v). This provision allows 3570 modification of a permit to include conditions that may be less stringent than the existing permit 3571 to the extent allowed under Section 12 (d) (iii). 3572
3573 (iii) The standards or regulations on which the permit was based have been 3574 changed by promulgation of amended standards or regulations or by judicial decision after the 3575 permit was issued. Permits may be modified during their terms for this cause only as follows: 3576
3577 (A) The permit condition requested to be modified was based on a 3578 promulgated effluent limitation guideline, secondary treatment regulations specified in Appendix 3579 E, or water quality standard; and 3580
3581 (B) EPA or the department has revised, withdrawn, or modified that 3582 portion of the federal regulation on which the permit condition was based, or the Environmental 3583 Quality Council has approved a revised water quality standard or effluent limitation on which the 3584 permit condition was based; and 3585
3586 (C) The permittee requests modification as required in this 3587 regulation, within 90 days after the notice of final action by which the EPA effluent limitation
3588 guideline, water quality standard, or effluent limitation is revised, withdrawn, or modified or 3589 upon the administrator=s initiative; or
3590
3591 (D) For judicial decisions, a court of competent jurisdiction 3592 has remanded and stayed EPA promulgated regulations or effluent limitation guidelines, if the 3593 remand and stay concern that portion of the regulations or guidelines on which the permit 3594 condition was based and a request is filed by the permittee in accordance with this regulation, 3595 within 90 days of judicial remand.
3596
3597 (iv) The administrator determines that good cause exists to modify a permit 3598 condition because of events over which the permittee has no control and for which there is no 3599 reasonable available remedy.
3600
3601 (v) When required to incorporate applicable toxic effluent limitation or 3602 standards adopted pursuant to Section 307 (a) of the CWA.
3603
3604 (vi) When required by the reopener conditions in the permit.
3605
3606 (vii) When the level of discharge of any pollutant which is not limited in the 3607 permit exceeds the level which can be achieved by the technology-based treatment requirements 3608 appropriate to the facility.
3609
3610 (viii) To establish a pollutant notification level required in Section 5 (c) (i) (B), 3611 (W), (X), (Y) or Appendix B.
3612
3613 (ix) To correct technical mistakes, such as errors in calculation, or mistaken 3614 interpretations of law made in determining permit conditions, to the extent allowed in Section 5 3615 (c) (iii) (M).
3616
3617 (x) Discharge volume will increase above what was described in the most 3618 current application or permit.
3619
3620 (xi) Outfalls will be added, deleted or moved.
3621
3622 (xii) The receiving surface waters of the state will change from what was 3623 described in the most current application.
3624
3625 (xiii) The time of discharge will be changed where seasonal or time-limited 3626 conditions for discharge may be established.
3627
3628 (xiv) The administrator determines good cause exists for modification of a 3629 compliance schedule, such as an act of God, strike, flood, or materials shortage or other events 3630 over which the permittee has little or no control and for which there is no reasonably available 3631 remedy. However, in no case may a WYPDES compliance schedule be modified to extend 3632 beyond an applicable CWA statutory deadline.
3633
3634 (xv) When a discharger is no longer eligible for net limitations, as provided in 3635 Section 5 (c) of these regulations. 3636
3637 (xvi) To modify a schedule of compliance to reflect the time lost during 3638 construction of an innovative or alternative facility, in the case of a POTW which has received a 3639 grant under Section 202 (a) (3) of the CWA for 100 percent of the costs to modify or replace 3640 facilities constructed with a grant for innovative and alternative wastewater technology under 3641 Section 202 (a) (2). In no case shall the compliance schedule be modified to extend beyond an 3642 applicable CWA statutory deadline for compliance. 3643
3644 (xvii) For a small MS4, to include an effluent limitation requiring 3645 implementation of a minimum control measure or measures specified in Section 6 of these 3646 regulations when: 3647
3648 (I) The permit does not include such measure(s) based upon the 3649 determination that another entity was responsible for implementation of the requirements(s); and 3650
3651 (II) The other entity fails to implement measure(s) that satisfy the 3652 requirement(s). 3653
3654 (xviii) Cause exists for termination under Section 13 of these regulations, and 3655 the administrator determines that modification or revocation and reissuance is appropriate. 3656
3657 (xix) Other changes to information described in Section 5 (c) (i) (B). 3658
3659 (xx) When a downstream state was not properly notified 3660 of a proposed permit. 3661
3662 (e) Reasons for authorization modification. An authorization may be modified in 3663 whole or in part when: 3664
3665 (i) There are material and substantial alterations or additions to the 3666 permitted facility or activity which occurred after issuance of an authorization. 3667
3668 (ii) The administrator has received new information which was not available 3669 at the time of permit issuance. 3670
3671 (iii) To correct technical mistakes, such as errors in calculation, or mistaken 3672 interpretations of law made in determining authorization conditions. 3673
3674 (iv) Discharge volume will increase above what was described in the most 3675 current application or authorization. 3676
3677 (v) Conditions described in Section 12 (d) (v) through (vii) and (xiii) exist. 3678
3679 (vi) For a small MS4, to include an effluent limitation requiring 3680 implementation of a minimum control measure or measures specified in Section 6 of these 3681 regulations when: 3682 (A) The authorization does not include such measure(s) based upon 3683 the determination that another entity was responsible for implementation of the requirements(s); 3684 and 3685 3686 (B) The other entity fails to implement measure(s) that satisfy the 3687 requirement(s). 3688 3689 (f) Permit revocation and reissuance. When a permit is revoked and reissued under 3690 this section, the entire permit is reopened just as if the permit had expired and was being reissued. 3691 During any revocation and reissuance proceeding, the permittee shall comply with all conditions 3692 of the existing permit until a new final permit is reissued. 3693 3694 (g) Processing procedures for major modifications. Major modifications for permits 3695 and authorizations will be subjected to the processing procedures described in Sections 4, 5 and 6 3696 of these regulations. 3697 3698 (h) Processing procedures for minor modifications. Minor modifications to permits 3699 and authorizations shall not be subject to the processing procedures of Sections 4, 5 and 6. Minor 3700 modifications to permits and authorizations will be processed according to the following 3701 procedures: 3702 3703 (i) Where a modification to an individual permit is initiated by the 3704 permittee, notification that the modification has been incorporated into the permit will be 3705 provided to the permittee within 30 days of the permittee's submittal of a complete application 3706 for modification to the administrator; 3707 3708 (ii) Where an application for modification to an authorization is submitted by 3709 the permittee and the administrator determines that the modification can be authorized, a revised 3710 authorization reflecting the modification will be provided to the permittee within 30 days of the 3711 permittee's submittal of a complete notice of intent for modification to the department, or as 3712 described in the general permit under which coverage is provided; 3713 3714 (iii) Where an application for modification to an authorization is submitted by 3715 the permittee and the administrator determines that the modification can not be authorized, a 3716 notification shall be provided to the permittee of such determination within 30 days of the 3717 permittee's submittal of a complete notice of intent for modification to the department, or as 3718 described in the general permit under which coverage is provided. 3719 3720 (i) Conditions subject to modification. When a permit is modified, only the 3721 conditions subject to modification are reopened. The term of the modified permit will not be 3722 extended beyond the term of the permit being modified. 3723
3724 (j) No stay of permit conditions. The filing of a request by the permittee for a 3725 permit modification does not stay any permit condition. 3726 3727 (k) Antibacksliding. All effluent permit modifications and reissuances are subject to 3728 the antibacksliding provisions set forth in Section 5 (c) (iii) (M). 3729 3730 (l) Draft permits and authorization notification. For major modifications to permits, 3731 the administrator will prepare a summary describing the proposed modification(s). Copies of the 3732 modification summary will be provided to permittees for review at the time of public notice. For 3733 modifications to authorizations, copies of the issued authorizations will be provided to permittees 3734 within ten (10) days of issuance. 3735 3736 (m) Denial of permit or authorization modification requests. Except for denial based 3737 upon incompleteness of an application, if the director proposes to deny issuance of a permit or 3738 authorization modification, the applicant shall be notified by registered or certified mail of the 3739 intent to deny and the reason for denial.
3741 (a) Reasons for permit or authorization termination. A permit or authorization may 3742 be terminated during its term for reasons determined by the department including, but not limited 3743 to, the following: 3744 3745 (i) Violation of any terms or conditions of the permit; 3746 3747 (ii) Obtaining a permit by misrepresentation or failing to disclose any fact 3748 which is material to the granting or denial of a permit or to the establishment of terms or 3749 conditions of the permit; 3750 3751 (iii) Materially false or inaccurate statements or information in the permit 3752 application or the permit; or 3753 3754 (iv) A determination that the permitted activity endangers human health or 3755 the classified or existing uses of surface waters of the state and can only be regulated to 3756 acceptable levels by permit modifications or termination. 3757 3758 (b) Public notice of permit terminations or revocations. Public notice shall be given 3759 of the intent to terminate or revoke a permit in accordance with the provisions of Section 15 of 3760 these regulations. 3761 3762 (c) Notification of authorization termination. Notification shall be sent to the 3763 permittee of an authorization that is being terminated stating the reasons for termination and the 3764 effective date of termination.
3768
3769
(a) Signatures for applications and notices of intent (NOI). Applications, NOIs, and other documents required to accompany said applications or NOI when submitted to the department must be signed as follows:
3772
3773
(i) In the case of corporations, by a principal executive officer of at least the level of vice president, or the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the overall operation of the facility from which the discharge originates as described in the application, NOI or other required documentation;
3778
3779
(ii) In the case of a partnership, by a general partner;
3780
3781
(iii) In the case of a sole proprietorship, by the proprietor; and
3782
3783
(iv) In the case of a municipal, state, federal, or other public facility, by either a principal executive officer or ranking elected official.
3785
3786
(b) Signatures for reports and other required information. Except for NOI and permit applications which must be signed in accordance with paragraph (a) of this section, all reports required by permits, and other information requested by the administrator must be signed as described in paragraph (a) of this section or by a duly authorized representative. A person is only a duly authorized representative if:
3791
3792
(i) The authorization is made in writing by a person described in paragraph (a) of this Section; and
3794
3795
(ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity.
3796
3797
(c) Certification. Any person signing a document under paragraph (a) or (b) of this Section shall make the following certification, unless otherwise set forth in these regulations:
3799
3800
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
3801
3802
(d) Change in signatory authorization. If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the regulated facility or activity, a new authorization satisfying the
3803
3804
3812 requirements of paragraph (b) of this section must be submitted to the administrator prior to or 3813 together with any reports or other information to be signed by the authorized representative. 3814
3815 (e) Violations. Any person who knowingly makes any false statement, 3816 representation, or certification in any record or other document submitted or required to be 3817 maintained under this permit, including monitoring reports or reports of compliance or 3818 noncompliance shall be in violation of the permit, these regulations and the Environmental 3819 Quality Act.
3820 Section 15. Public Participation.
3821 Major modifications, issuance, or reissuance of every draft permit; or where the 3822 administrator proposes to terminate coverage under an individual permit; or where the 3823 administrator proposes to conduct a public meeting in accordance with Section 16 of these 3824 regulations, the following procedures shall be used.
3825 3826 (a) Public notice. Public notice of every draft permit, public meeting being held 3827 pursuant to Section 16 of the regulations, or granting of an appeal shall be given in the following 3828 manner:
3829 3830 (i) In addition to the applicable provisions of Section 15 (a) (ii) through (v), 3831 notice shall be circulated by one or more of the following methods:
3832 3833 (A) For individual permits, posting in the post office and other public 3834 places of the municipality nearest the location(s) of the proposed discharge(s);
3835 3836 (B) For individual permits, posting near the entrance to the 3837 applicant's premises;
3838 3839 (C) For individual permits, publication in newspapers of general 3840 circulation in the locations of the proposed discharges;
3841 3842 (D) For individual and general permits, publication in a newspaper 3843 with statewide distribution;
3844 3845 (E) For general permits, publication in a newspaper with circulation 3846 in the geographic area defined in the general permit.
3847 3848 (ii) For individual permits, where a proposed outfall would occur on 3849 property that is not owned by the applicant, a copy of the public notice will be provided to the 3850 owner of the property.
3851 3852 3853 (iii) For general permits, in accordance with applicable provisions of the 3854 general permit.
3855
3856 (iv) For major permits, publication in a daily or weekly newspaper within the 3857 area affected by the facility or activity.
3858 3859 (v) In addition to Section 15 (a) (i) through (iv), publication on the 3860 Wyoming Department of Environmental Quality Internet Website (http://deq.state.wy.us).
3861 3862 (vi) No public notice is required when a request for permit modification, 3863 revocation and reissuance, or termination, or coverage or modification under a general permit is 3864 denied.
3865 3866 (vii) The applicant shall be mailed a copy of the fact sheet, which includes the 3867 public notice, a draft copy of the permit, and the statement of basis. The applicant will not be 3868 mailed a copy of the application materials, which is also part of the fact sheet.
3869 3870 (viii) Notice shall be mailed to any person upon request, and the administrator 3871 shall upon request add the name of any person to a list of persons or parties designated to receive 3872 copies of public notices.
3873 3874 (ix) The administrator shall provide a period of not less than 30 days 3875 following the date of public notice during which interested persons may submit their comments 3876 on draft permits.
3877 3878 (x) The contents of the public notices for draft permits shall include the 3879 following:
3880 3881 (A) Name, address, phone number, and internet address of the Water 3882 Quality Division;
3883 3884 (B) For individual permits:
3885 3886 (I) Names and addresses of the applicants;
3887 3888 (II) A brief description of each activity or operation resulting 3889 in the discharge described in each application;
3890 3891 (III) The name of the water course to which such discharge is 3892 made and a general description of the location of each outfall;
3893 3894 (IV) A statement of the tentative determination to issue the 3895 permit;
3896 3897 (C) For general permits:
3898 3899 (I) A brief description of the activity or operation resulting 3900 in the discharges for which the permit will provide coverage and a description of effluent 3901 limitations and monitoring requirements that are being proposed;
3902 3903 3904 3905 3906 3907 3908 3909 3910 3911 3912 3913 3914 3915 3916 3917 3918 3919 3920 3921 3922 3923 3924 3925 3926 3927 3928 3929 3930 3931 3932 3933 3934 3935 3936 3937 3938 3939 3940 3941 3942 3943 3944 3945 3946
(II) A description of the geographic area covered by the general permit.
(D) The end date of the 30 day comment period; and
(E) A statement that a copy of the draft permit, fact sheet (if prepared), and other information is available at the address specified in paragraph (A) above.
(xi) The contents of a public notice announcing a public meeting shall be in accordance with Section 16 (c) of these regulations.
(b) Minor facilities. For every minor facility, the administrator shall prepare a statement of basis to accompany the draft permit. The statement of basis, draft permit and permit application shall be available for public inspection during the public comment period.
(c) Major facilities. For every major facility, the administrator shall prepare and, following public notice, shall make available, to any person so requesting, a fact sheet with respect to the application described in the notice. The administrator shall also add the name of any person so requesting to a list of those parties or persons designated to be given notice of fact sheets published, and such fact sheet shall consist of, at a minimum, the statement of basis and application, including the following information when applicable:
(i) A sketch or description of the discharge described in the permit application;
(ii) A quantitative description of the discharge which shall include the rate or frequency of discharge, the average summer and winter temperatures, and the average daily discharge in pounds per day and/or kilograms per day of any types of waste in the discharge;
(iii) Any tentative determinations reached by the administrator concerning the application;
(iv) A brief citation of any water quality standards and effluent standards that apply to the proposed discharge;
(v) A comprehensive description of the procedures for formulating a final decision with respect to the application including;
(A) The beginning and ending dates of the public comment period and the address where comments will be received;
(B) Procedures for requesting a meeting and the nature of that meeting; and
3947 (C) Any other procedures by which the public may participate in the 3948 final decision. 3949
3950 (vi) Any calculations or other necessary explanation of the derivation of 3951 specific effluent limitations and conditions, including a citation to applicable effluent guidelines 3952 or performance standards and reasons why they are applicable or an explanation of how 3953 alternative effluent limitations were developed. 3954
3955 (vii) For permits to be issued to a treatment works owned by a person other 3956 than a state or municipality, an explanation of the administrator's decision to issue a permit with 3957 no conditions applicable to any user, to impose conditions on one or more users, to issue separate 3958 applications, and the basis for that decision. 3959
3960 (viii) When the draft permit contains any of the following conditions, an 3961 explanation of the reasons that such conditions are applicable: 3962
3975 (ix) Reasons why any requested variances or alternatives to required 3976 standards do or do not appear justified. 3977
3978 (x) Justification for waiver for any application requirements where such a 3979 waiver is allowed under the provisions of these regulations. 3980
3981 (d) Governmental agency mailing list. The following governmental agencies shall 3982 be included on a mailing list for receipt of fact sheets unless such agency requests not to be 3983 included on the mailing list, and each will be provided an opportunity to comment upon the draft 3984 permit(s). 3985
3993 3994 (v) United States Forest Service. 3995 3996 (vi) United States Bureau of Land Management. 3997 3998 (vii) United StatesFish and Wildlife Service. 3999 4000 (viii) United States Army Corps of Engineers. 4001 4002 (ix) Wyoming Game and Fish Department. 4003 4004 (x) Wyoming Oil and Gas Conservation Commission. 4005 4006 (xi) Wyoming State Historic Preservation Office. 4007 4008 (xii) Wyoming State Engineer. 4009 4010 (xiii) Any other state or federal agency requesting to be placed on the mailing 4011 list.
4012 4013 (e) Notification to affected states. Any state whose waters may be affected by the 4014 issuance of a permit shall be provided with a copy of the public notice and any other relevant 4015 documents that are requested. Each state whose waters may be affected shall be afforded an 4016 opportunity to comment on the draft permit, and the administrator shall take these comments into 4017 account in preparing the final permit, or the administrator shall provide the affected state, and the 4018 Regional Administrator of the EPA, a written explanation of his reasons for failing to accept any 4019 of the comments.
4020 4021 (f) Written comments request for public meeting. During the public comment 4022 period provided in paragraph (a) (v) of this section, any interested person may submit written 4023 comments on a draft permit and may request a public meeting. A request for public meeting shall 4024 be made in writing in accordance with Section 16.
4025 4026 4027 (g) Response to comments. Before a final permit decision is considered, the 4028 administrator shall prepare a response to comments which is subject to the following conditions:
4029 4030 (i) A response to all comments received within the time frame specified in 4031 paragraph (b) (v) of this Section shall be prepared and provided to the parties submitting 4032 comments;
4033 4034 (ii) The response shall specify which provisions, if any, of the draft permit 4035 have been changed in the final permit decision, and the reasons for the change; and
4036 4037 (iii) The response shall provide the reasons why any comments did not 4038 result in a change to the draft permit; and
4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083
(iv) The response to comments shall be made available to the public; and
(v) Responses to comments from other governmental agencies shall be addressed in accordance with 40 CFR 124.59.
(h) Alternative effluent limitations. Public notice for any request made under Appendix M of these regulations shall include the following:
(i) A statement that the thermal component of the discharge is subject to effluent limitations under Sections 301 or 306 of the CWA and a brief description, including a quantitative statement, or the thermal effluent limitations proposed under Sections 301 or 306;
(ii) A statement that an Appendix M request has been filed and that alternative less stringent effluent limitations may be imposed on the thermal component of the discharge under Appendix M and a brief description, including a quantitative statement, of the alternative effluent limitations, if any, included in the request; and
(iii) If the applicant has filed an early screening request under Appendix M of these regulations, a statement that the applicant has submitted such a plan.
(a) Reason for public meeting.
(i) Request for public meeting. The administrator shall provide an opportunity for the applicant or any interested person or state to request a public meeting, with the administrator, with respect to any draft permit. Any such request shall be filed in writing during the comment period specified in Section 15 (a) (ix) above, and shall indicate the interest of the party and the reasons why a meeting is warranted. If the administrator finds that there is a significant degree of public interest in holding such a meeting, hold such a meeting in the geographic area where the proposed discharge is located, or other appropriate area. If the administrator determines that a public meeting is not warranted, he shall provide written notification of his decision to the party requesting the meeting.
(ii) Public meetings to provide clarification. The administrator may also hold a public meeting at his discretion, whenever, for instance, such a meeting might clarify one or more issues involved in the permit decision.
(b) Purpose. The purpose of holding public meetings is to seek information and facilitate clarification in order for the administrator to make a more informed decision.
(c) Public notice of a public meeting. Public notice of a public meeting held pursuant to paragraph (a) of this section, will be utilizing all of the methods available for notice of the permit application set out in paragraph b, given as described in Section 15 (a) (i) of these regulations, and such notice will be provided no less than 30 days in advance of the meeting. The contents of the public notice will consist of the following:
4084 4085 (i) Name, address, and phone number of the Wyoming Water Quality 4086 Division; 4087 4088 (ii) Name, and address of each applicant whose draft permit will be 4089 considered at the meeting; 4090 4091 (iii) Name of waterway to which each discharge is made and a short 4092 description of the location of each discharge on the waterway associated with the draft permit(s); 4093 4094 (iv) Brief reference to the public notice issued for each draft permit, 4095 including identification number and date of issuance. 4096 4097 (v) Information regarding the date, time, and location of the meeting; 4098 4099 (vi) A brief description of the nature and purpose of the meeting, including 4100 the applicable rules and procedures to be followed; 4101 4102 (vii) A concise statement of the issues raised by the persons requesting the 4103 meeting; 4104 4105 (viii) A statement that a copy of the draft permit, statement of basis, and other 4106 information is available at the address specified in paragraph (a) of this section. 4107 4108 (d) Submittal of statements and data. Any person may submit written or oral 4109 statements and data concerning the draft permit. Reasonable limits may be set upon the time 4110 allowed for oral statements, and the submission of written statements may be requested. The 4111 public comment period under Section 15 (a) shall be automatically extended to the close of any 4112 public meeting under this section. 4113 4114 (e) Documentation of the public meeting. An audio or video tape recording or 4115 written transcript of the public meeting shall be made available to the public.
4117 In any case where the director makes a decision to issue, modify, or terminate a permit or 4118 MS4 storm water permit authorization, or where the director makes a decision to deny issuance or 4119 modification of a permit or MS4 storm water permit authorization, any interested person may 4120 request a hearing before the Environmental Quality Council. A request for hearing shall be made 4121 in accordance with the applicable Department of Environmental Quality=s Rules of Practice and 4122 Procedure.
4124 (a) Availability of information. All information required on or attached to permit 4125 application forms, notices of intent, reporting forms, draft or issued permits, authorizations, or 4126 related correspondence shall be made available to the public for inspection and copying, subject
4127 to W.S. 35-11-1101 and all other applicable state laws. The administrator shall provide facilities 4128 for inspection of all non-confidential documents.
4129
4130
4131
4132
4133
4134
4135
4136
4137
4138
4139
4140
4141
4142
4143
4144
4145
4146
4147
4148
4149
4150
4151
4152
4153
4154
4155
4156
4157
4158
4159
4160
4161
to W.S. 35-11-1101 and all other applicable state laws. The administrator shall provide facilities for inspection of all non-confidential documents.
(b) Applicability of trade secrets. The following information may not be considered to constitute trade secrets and must be made available to the public:
(i) Name and address of any permit applicant or permittee;
(ii) Permit applications, permits and effluent data.
(a) Permits may be transferred by a permittee to a new owner or operator if:
(i) Conditional transfers. The permit has been modified or revoked and reissued to identify the new permittee and to incorporate such other requirements as may be necessary under these regulations.
(ii) Automatic transfers. A permit may be automatically transferred to a new permittee if:
(A) The current permittee notifies the director in writing at least 30 days in advance of the proposed transfer date in paragraph (b) (ii) of this Section;
(B) The notice includes a written agreement between the existing and new permittees on a form provided by the administrator. The form shall contain a specific date for transfer of permit responsibility, coverage and liability between the two parties; and
(C) The director does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit.
15-0051 gjt
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4157 the Industrial Storm Water Program
4158
| Industry Type | SIC Code | Comments |
|---|---|---|
| Metal mining and milling | 10 | (a) |
| Coal mining | 12 | (a) |
| Oil and Gas Extraction | 13 | |
| Mining and quarrying of nonmetallic minerals except fuels | 14 | (a) |
| Food and kindred products | 20 | |
| Tobacco products | 21 | |
| Textile mill products | 22 | |
| Apparel and other finished products made from fabric and similar materials | 23 | |
| Lumber and wood products except furniture | 24 | |
| Furniture and fixtures | 25 | |
| Paper and allied products | 26 | |
| Printing, publishing, and allied products | 27 | |
| Chemicals and allied products | 28 | |
| Petroleum refining and related industries | 29 | |
| Rubber and miscellaneous plastics products | 30 | |
| Leather and leather products | 31 | |
| Stone, clay, glass and concrete products | 32 | |
| Primary metal industries | 33 | |
| Fabrication of metal products, except machinery and transportation equipment | 34 | |
| Industrial and commercial machinery and computer equipment | 35 | |
| Electronic and other electrical equipment and components, except compute equipment | 36 | |
| Transportation equipment | 37 | |
| Measuring analyzing, and controlling instruments; Photographic, medical, and optical goods; watches and clocks | 38 | |
| Miscellaneous manufacturing industries | 39 | |
| Railroad transportation | 40 | (b) |
| Local and suburban transit and interurban highway passenger transportation | 41 | (b) |
| Motor freight transportation and warehousing | 42 (except 4221, 4222, and 4225) | (b) |
| Farm product warehousing and storage | 4221 | |
| Refrigerated warehousing and storage | 4222 | |
| General warehousing and storage | 4225 | |
| US Postal facilities | 43 | (b) |
| Water transportation | 44 | (b) |
| Transportation by air | 45 | (b) |
| Motor vehicle parts, used | 5015 | |
| Scrap and waste materials | 5093 | |
| Petroleum bulk stations and terminals | 5171 | (b) |
4159
Comments:
4160
4161
4162
4163
4164
4165
(a) For this SIC Code, a storm water permit is required only if runoff contacts overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations.
(b) In this SIC Code, only facilities with vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning, or airport deicing need a storm water permit.
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4166 4167 4168 4169 4170 4171 4172 4173 4174 4175 4176 4177 4178 4179 4180 4181 4182 4183 4184 4185 4186 4187 4188 4189 4190 4191 4192 4193 4194 4195 4196 4197 4198 4199 4200 4201 4202 4203 4204 4205 4206 4207 4208 4209 4210
(a) Application requirements. Existing manufacturing, commercial, mining, and silviculture discharges applying for permits, except for those facilities which discharge only non-process wastewater, shall provide the following information, in addition to that described in Section 5 (a) (v), to the administrator, using the application forms provided by the administrator.
(i) A line drawing of the water flow through the facility with a water balance, showing operations contributing wastewater to the effluent and treatment units. Similar processes, operations, or production areas may be indicated as a single unit, labeled to correspond to the more detailed identification required in paragraph (a) (ii) of this appendix. The water balance must show approximate average flows at intake and discharge points and between units, including treatment units. If a water balance cannot be determined (for example, for certain mining activities), the applicant may provide instead a pictorial description of the nature and amount of any sources of water and any collection and treatment measures.
(ii) Average flows and treatment. A narrative identification of each type of process, operation, or production area which contributes wastewater to the effluent for each outfall, including process wastewater, cooling water, and storm water runoff; the average flow which each process contributes; and a description of the treatment the wastewater receives, including the ultimate disposal of any solid or fluid wastes other than by discharge. Processes, operations, or production areas may be described in general terms (for example, 'dye-making reactor,' 'distillation tower'). For a privately owned treatment works, this information shall include the identity of each user of the treatment works. The average flow of point sources composed of storm water may be estimated. The basis for the rainfall event and the method of estimation must be indicated.
(iii) Intermittent flows. If any of the discharges described in paragraph (a) (ii) of this appendix are intermittent or seasonal, a description of the frequency, duration and flow rate of each discharge occurrence (except for storm water runoff, spillage or leaks).
(iv) Maximum production. If an effluent guideline listed in Section 5 (c) of these regulations applies to the applicant and is expressed in terms of production (or other measure of operation), a reasonable measure of the applicant's actual production reported in the units used in the applicant effluent limitation. The reported measure must reflect the actual production of the facility.
(v) Improvements. If the applicant is subject to any present requirements or compliance schedules for construction, upgrading or operation of waste treatment equipment, an identification of the abatement requirement, a description of the abatement project and projected final compliance dates.
(vi) Quantitative data. At a minimum, the applicant shall submit quantitative data for pollutants in the discharge as provided in this paragraph and in paragraph (a) (vi) (G) of
4211 this appendix. For purposes of this paragraph, an applicant is expected to know or have reason to 4212 believe that a pollutant is present in an effluent based on an evaluation of the expected use, 4213 production, or storage of the pollutant, or on any previous analyses for the pollutant.
4214 4215 (A) Every applicant must report quantitative data for every outfall 4216 for the following pollutants:
4217 4218 (I) Biochemical Oxygen Demand (BOD5), 4219 4220 (II) Chemical Oxygen Demand, 4221 4222 (III) Total Organic Carbon, 4223 4224 (IV) Total Suspended Solids, 4225 4226 (V) Ammonia (as N), 4227 4228 (VI) Temperature (both winter and summer), and 4229 4230 (VII) pH.
4231 4232 (B) The administrator may waive the reporting requirements for 4233 individual point sources or for a particular industry category for one or more of the pollutants 4234 listed in paragraph (a) (vi) (A) of this appendix if the applicant has demonstrated that such a 4235 waiver is appropriate because information adequate to support issuance of a permit can be 4236 obtained with less stringent requirements.
4237 4238 (C) Each applicant with processes in one or more primary industry 4239 category (see Appendix A to 40 CFR Part 122) contributing to a discharge must report 4240 quantitative data for the following pollutants in each outfall containing process wastewater:
4241 4242 (I) The organic toxic pollutants in the fractions designated 4243 in 40 CFR Part 122, Table I of Appendix D for the applicant's industrial category or categories. 4244 Table II of Appendix D lists the organic toxic pollutants in each fraction. The fractions result 4245 from the sample preparation required by the analytical procedure which uses gas 4246 chromatography/mass spectrometry. A determination that an applicant falls within a particular 4247 industrial category for the purposes of selecting fractions for testing is not conclusive as to the 4248 applicant's inclusion in that category for any other purposes.
4249 4250 (II) The pollutants listed in 40 CFR Part 122, Table III of 4251 Appendix D (the toxic metals, cyanide, and total phenols).
4252 4253 (D) Each applicant must indicate whether they know or have reason 4254 to believe that any of the pollutants as described in (I) or (II) below is discharged from each 4255 outfall.
4256
4257 4258 4259 4260 4261 4262 4263 4264 4265 4266 4267 4268 4269 4270 4271 4272 4273 4274 4275 4276 4277 4278 4279 4280 4281 4282 4283 4284 4285 4286 4287 4288 4289 4290 4291 4292 4293 4294 4295 4296 4297 4298 4299 4300 4301 4302
(I) Any of the pollutants in Table IV of Appendix D (certain
conventional and non-conventional pollutants) of 40 CFR Part 122. If an applicable effluent limitations guideline either directly limits the pollutant or, by its express terms, indirectly limits the pollutant through limitations on an indicator, the applicant must report quantitative data. For every pollutant discharged which is not so limited in an effluent limitations guideline, the applicant must either report quantitative data or briefly describe the reasons the pollutant is expected to be discharged.
(II) Any of the pollutants listed in Table II or Table III of
Appendix D (the toxic pollutants and total phenols) of 40 CFR Part 122 for which quantitative data are not otherwise required under paragraph (a) (vi) (C) of this appendix. For every pollutant expected to be discharged in concentrations of 10 ppb or greater the applicant must report quantitative data. For acrolein, acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4,6 dinitrophenol, where any of these four pollutants are expected to be discharged in concentrations of 100 ppb or greater, the applicant must report qualitative data. For every pollutant expected to be discharged in concentrations less than 10 ppb, or in the case of acrolein, acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4,6 dinitrophenol, in concentrations less than 100 ppb, the applicant must either submit quantitative data or briefly describe the reasons the pollutant is expected to be discharged.
(E) Each applicant must indicate whether they know or have reason
to believe that any of the pollutants in Table V of Appendix D of 40 CFR Part 122 (certain hazardous substances and asbestos) are discharged from each outfall. For every pollutant expected to be discharged, the applicant must briefly describe the reasons the pollutant is expected to be discharged, and report any quantitative data it has for any pollutant.
(F) For purposes of paragraphs (C) and (D) above, the applicant
need not provide quantitative data if the pollutant is present in the discharge solely as a result of the presence in intake water. However, the applicant must report such pollutant as present.
(G) Each applicant must report qualitative data, generated using a
screening procedure not calibrated with analytical standards, for 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) if they:
(I) Use or manufacture 2,4,5-trichlorophenoxy acetic acid
(2,4,5,-T); 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5,-TP); 2-(2,4,5-trichlorophenoxy) ethyl, 2,2-dichloropropionate (Erbon); O,O-dimethyl O-(2,4,5-trichlorphenyl) phosphorothioate (Ronnel); 2,4,5-trichlorophenol (TCP); or hexachlorophene (HCP); or
(II) Know or have reason to believe that TCDD is or may be
present in an effluent.
(vii) When quantitative data for a pollutant are required, the applicant must
collect a sample of effluent and analyze it for the pollutant in accordance with analytical methods approved under 40 CFR Part 136. When no analytical method is approved the applicant may use any suitable method but must provide a description of the method.
4303 (A) When an applicant has two (2) or more outfalls with 4304 substantially identical effluents, the department may allow the applicant to test only one (1) 4305 outfall and report that the quantitative data also apply to the substantially identical outfalls.
4306 4307 (B) Grab samples must be used for pH, temperature, cyanide, total 4308 phenols, residual chlorine, oil and grease, fecal coliform and fecal streptococcus.
4309 4310 (C) For all other pollutants, 24-hour composite samples must be 4311 used. However, a minimum of one (1) grab sample may be taken for effluents from holding 4312 ponds or other impoundments with a retention period greater than 24-hours. In addition, for 4313 discharges other than storm water discharges, the administrator may waive composite sampling 4314 for any outfall for which the applicant demonstrates that the use of an automatic sampler is 4315 infeasible and that the minimum of four (4) grab samples will be a representative sample of the 4316 effluent being discharged.
4317 4318 (viii) Used or manufactured toxins. A listing of any toxic pollutant which the 4319 applicant currently uses or manufactures as an intermediate or final product or byproduct. The 4320 administrator may waive or modify this requirement for any applicant who demonstrates that it 4321 would be unduly burdensome to identify each toxic pollutant if the administrator has adequate 4322 information to issue the permit.
4323 4324 (ix) An identification of any whole effluent toxicity tests which the applicant 4325 knows or has reason to believe has been made within the last three (3) years on any of the 4326 applicant's discharges or on a receiving water in relation to a discharge.
4327 4328 (x) Contract analyses. If a contract laboratory or consulting firm performed 4329 any of the analyses required in paragraphs (a) (vi) or (a) (vii) of this appendix, the applicant shall 4330 identify each laboratory or firm and the analyses performed.
4331 4332 (xi) Small business exemption. An applicant which qualifies as a small 4333 business under one of the following criteria is exempt from the requirements in Appendix B (a) 4334 (vi) (C) (I) and the Table II quantitative requirement of Appendix B (a) (vi) (D) (II):
4335 4336 (A) For coal mines, the probable total annual production is less than 4337 100,000 tons per year.
4338 4339 (B) For all other applicants, the gross total annual sales average less 4340 than $100,000 per year (in second quarter 1980 dollars).
4341 4342 (b) Notification of routine toxic discharges not limited in the permit. Permits for 4343 existing manufacturing, commercial, mining and silvicultural discharges shall require that the 4344 permittee report to the administrator as soon as the permittee knows or has reason to believe that 4345 any activity has occurred or will occur which would result in the discharge, on a routine or 4346 frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will 4347 exceed the highest of the following notification levels:
4348
4349 (i) One hundred micrograms per liter (100 µg/l); 4350 4351 (ii) Two hundred micrograms per liter (200 µg/l) for acrolein and 4352 acrylonitrile; five hundred micrograms per liter (500 µg/l) for 2,4-dinitrophenol and for 2-methyl- 4353 4,6-dinitrophenol; and one milligram per liter (1 mg/l) for antimony; 4354 4355 (iii) Five (5) times the maximum concentration value reported for that 4356 pollutant in the permit application; or 4357 4358 (iv) The notification level established by the director in accordance with 4359 Section 5 (c) of these regulations. 4360 4361 (c) Notification of non-routine toxic discharges not limited in the permit Permits for 4362 existing manufacturing, commercial, mining and silvicultural discharges shall require that the 4363 permittee report to the director as soon as the permittee knows or has reason to believe that any 4364 activity has occurred or will occur which would result in any discharge, on a non-routine or 4365 infrequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will 4366 exceed the highest of the following notification levels: 4367 4368 (i) Five hundred micrograms per liter (500 µg/l); 4369 4370 (ii) One milligram per liter (1 mg/l) for antimony; 4371 4372 (iii) Ten (10) times the maximum concentration value reported for that 4373 pollutant in the permit application; or 4374 4375 (iv) The notification level established by the administrator in accordance with 4376 Section 5 (c) of these regulations.
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4377 4378 4379 4380 4381 4382 4383 4384 4385 4386 4387 4388 4389 4390 4391 4392 4393 4394 4395 4396 4397 4398 4399 4400 4401 4402 4403 4404 4405 4406 4407 4408 4409 4410 4411 4412 4413 4414 4415 4416 4417 4418 4419 4420 4421
(a) New manufacturing, commercial, mining and silvicultural dischargers applying for permits (except for new discharges of facilities subject to the requirements of Appendix D of these regulations), shall provide the following information, in addition to that described in Section 5 (a) (iv), to the administrator, using the application form provided by the administrator.
(i) Discharge dates. The expected date of commencement of discharge.
(ii) Flows, sources of pollution, and treatment technologies.
(A) Expected treatment of wastewater. Description of the treatment that the wastewater will receive, along with all operations contributing wastewater to the effluent, average flow contributed by each operation, and the ultimate disposal of any solid or liquid wastes not discharges.
(B) Line drawing. A line drawing of the water flow through the facility with a water balance as described in Appendix B (a) (i).
(C) Intermittent flows. If any of the expected discharges will be intermittent or seasonal, a description of the frequency, duration and maximum daily flow rate of each discharge occurrence (except for storm water runoff, spillage, or leaks).
(iii) Production. If a new source performance standard promulgated under Section 306 of the CWA or an effluent limitation guideline applies to the applicant and is expressed in terms of production (or other measure of operation), a reasonable measure of the applicant's expected actual production reported in the units used in the applicable effluent guideline or new source performance standard for each of the first three (3) years. Alternative estimates may also be submitted if production is likely to vary.
(iv) Effluent characteristics.
(A) Each applicant must report estimated daily maximum, daily average, and source of information for each outfall for the following pollutants or parameters.
(I) Biochemical Oxygen Demand (BOD5),
(II) Chemical Oxygen Demand (COD),
(III) Total Suspended Solids (TSS),
(IV) Flow,
(V) Ammonia (as N),
4422 4423 4424 4425 4426 4427 4428 4429 4430 4431 4432 4433 4434 4435 4436 4437 4438 4439 4440 4441 4442 4443 4444 4445 4446 4447 4448 4449 4450 4451 4452 4453 4454 4455 4456 4457 4458 4459 4460 4461 4462 4463 4464 4465 4466 4467
(VI) Temperature (winter and summer),
(VII) pH, and
(VIII) Total Organic Carbon (TOC).
(B) The administrator may waive the reporting requirements for any of the pollutants and parameters in Appendix C (a) (iv) (A) if the applicant submits a request for such a waiver before or with the application which demonstrates that information adequate to support issuance of the permit can be obtained through less stringent reporting requirements.
(C) Each applicant must report estimated daily maximum, daily average, and source of information for each outfall for all pollutants in Table IV of Appendix D 40 CFR Part 122 (certain conventional and non-conventional pollutants) if the applicant knows or has reason to believe the pollutants will be present or if the pollutants are limited by an effluent limitation guideline or new source performance standard either directly or indirectly through limitations on an indicator pollutant.
(D) Each applicant must report estimated daily maximum, daily average and source of information for the following pollutants if they know or have reason to believe that the pollutant will be present in the discharges from any outfall:
(I) The pollutants listed in Table III of Appendix D (the toxic metals, in the discharge from any outfall: Total cyanide, and total phenols) of 40 CFR Part 122;
(II) The organic toxic pollutants in Table II of Appendix D (except bis (chloromethyl) ether, dichlorofluoromethane and trichlorofluoromethane) of 40 CFR Part 122. This requirement is waived for applicants qualifying for the small business exemption as specified in Appendix B (a) (xi).
(E) The applicant is required to report that 2,3,7,8 Tetrachlorodibenzo-P-Dioxin (TCDD) may be discharged if he uses or manufactures one of the following compounds, or if he knows or has reason to believe that TCDD will or may be present in an effluent:
(I) 2,4,5-trichlorophenoxy acetic acid (2,4,5-T) (CAS #93-76-5);
(II) 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5-TP) (CAS #93-72-1);
(III) 2-(2,4,5-trichlorophenoxy) ethyl 2,2-dichloropropionate (Erbon) (CAS #136-25-4);
4468 (IV) 0,0-dimethyl 0-(2,4,5-trichlorophenyl) phosphorothioate 4469 (Ronnel) (CAS #299-84-3);
4470 4471 (V) 2,4,5-trichlorophenol (TCP) (CAS #95-95-4); or
4472 4473 (VI) Hexachlorophene (HCP) (CAS #70-30-4).
4474 4475 (F) Each applicant must report any pollutants listed in Table V of 4476 Appendix D (certain hazardous substances) of 40 CFR Part 122 if they believe the pollutants will 4477 be present in any outfall (no quantitative estimates are required unless they are already available).
4478 4479 (G) No later than two (2) years after the commencement of the 4480 discharge from a proposed facility, the applicant must submit analytical results which 4481 characterize the actual effluent discharged. The applicant need not submit this information to the 4482 extent the analytical results are reported by the applicant under the discharge monitoring 4483 requirements of the applicant's permit.
4484 4485 (v) Engineering report. Each applicant must report the existence of any 4486 technical evaluation concerning the applicant's wastewater treatment, along with the name and 4487 location of similar plants of which the applicant has knowledge.
4488 4489 (vi) Other information. Any optional information the permittee wishes to 4490 have considered.
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(a) Application requirements. Application requirements for manufacturing, commercial, mining and silvicultural facilities which discharge only non-process wastewater. Except for storm water discharges, all manufacturing, commercial, mining, and silvicultural dischargers applying for permits which discharge only non-process wastewater not regulated by an effluent limitation guideline or new source performance standard shall provide the following information, in addition to that described in Section 5 (a) (iv), to the administrator, using application forms provided by the administrator.
(i) Discharge date (for new dischargers). Date of expected commencement of discharge.
(ii) Type of waste. An identification of the general type of waste discharged, or expected to be discharged upon commencement of operations, including sanitary wastes, restaurant or cafeteria wastes, or noncontact cooling water. An identification of cooling water additives (if any) that are used or expected to be used upon commencement of operations, along with their composition if existing composition is available.
(iii) Effluent characteristics.
(A) Quantitative data for the pollutants or parameters listed below, unless testing is waived by the administrator.
4543 (X) Temperature (Winter and Summer), and
4545 (XI) Total Organic Carbon (TOC).
4546 4547 (B) The quantitative data in Appendix D (a) (iii) (A) may be data 4548 collected over the past 365 days, if they remain representative of current operations, and must 4549 include daily maximum value, daily average value, and number of measurements taken. The 4550 applicant must collect and analyze samples in accordance with 40 CFR Part 136. Grab samples 4551 must be used for pH, temperature, oil and grease, total residual chlorine, and fecal coliform. For 4552 all other pollutants, 24-hour composite samples must be used. New dischargers must include 4553 estimates for the pollutants or parameters listed below instead of actual sampling data, along with 4554 the source of each estimate. All levels must be reported or estimated as concentration and as total 4555 mass, except for flow, pH, and temperature.
4556 4557 (C) The administrator may waive the testing and reporting 4558 requirements for any of the pollutants or flow listed in paragraph (a) (iii) of this appendix if the 4559 applicant submits a request for such a waiver before or with the permit application which 4560 demonstrates that information adequate to support issuance of a permit can be obtained through 4561 less stringent requirements.
4562 4563 (D) If the applicant is a new discharger, the applicant must provide 4564 quantitative data in accordance with paragraph (a) (iii) of this appendix no later than two (2) years 4565 after commencement of discharge. However, the applicant need not perform tests which they 4566 have already performed and reported under the discharge monitoring requirements of the 4567 applicant's permit.
4568 4569 (E) The requirements of paragraph (a) (iii) of this appendix do not 4570 apply for pollutants present in a discharge solely as a result of their presence in intake water. 4571 However, an applicant must report such pollutants as present. Net credit may be provided for the 4572 presence of pollutants in intake water if the requirements are met.
4573 4574 (iv) Flow. A description of the frequency of flow and duration of any 4575 seasonal or intermittent discharge (except for storm water runoff, leaks, or spills).
4576 4577 (v) Treatment system. A brief description of any system used or to be used.
4578 4579 (vi) Optional information. Any additional information the applicant wishes
4580 to be considered.
4581 4582 4583 4584 4585 4586 4587 4588 4589 4590 4591 4592 4593 4594 4595 4596 4597 4598 4599 4600 4601 4602 4603 4604 4605 4606 4607 4608 4609 4610 4611 4612 4613 4614 4615 4616 4617 4618 4619 4620 4621 4622 4623 4624 4625
(a) Application requirements for new and existing POTWs. POTWs shall provide the following information, in addition to that described in Section 5 (a) (v), to the administrator, using the application form provided by the administrator.
(i) Name of State Management/River Basin and 12 digit hydrologic cataloging unit code.
(ii) Critical flow of the receiving surface waters of the state and total hardness of the receiving surface waters of the state at critical low flow.
(iii) The following POTWs shall provide to the administrator the results of whole effluent toxicity testing conducted in accordance with EPA approved methods:
(A) All POTWs with design influent flows equal to or greater than one million gallons per day; and
(B) All POTWs with approved pretreatment programs or POTWs required to develop a pretreatment program.
(iv) Effluent monitoring for specific parameters.
(A) All applicants must submit to the administrator effluent monitoring information for samples taken from each outfall through which effluent is discharged to surface waters of the state, except for CSOs. The administrator may allow applicants to submit sampling data for only one (1) outfall on a case-by-case basis, where the applicant has two (2) or more outfalls with substantially identical effluent. The administrator may also allow applicants to composite samples from one or more outfalls that discharge into the same mixing zone.
(B) Unless otherwise indicated, all applicants must sample and analyze for the pollutants listed in Table E1 of this Appendix.
(C) Unless otherwise indicated, all applicants with a design flow greater than or equal to 0.1 mgd must sample and analyze for the pollutants listed in Table E2 of this Appendix. Facilities are not required to sample and analyze for chlorine if they do not use chlorine for disinfection, do not use chlorine elsewhere in the treatment process, and have no reasonable potential to discharge chlorine in their effluent.
(D) The following applicants must sample and analyze for the pollutants listed in 40 CFR 122 Appendix J Table 2 and for any other pollutants for which state surface water quality standards have been established for the receiving waters:
4626 (I) All POTWs with a design flow rate equal to or greater 4627 than one million gallons per day.
4628 4629 (II) All POTWs with approved pretreatment programs or 4630 POTWs required to develop a pretreatment program.
4631 4632 (III) Any other POTW as required by the administrator.
4633 4634 (E) Unless otherwise indicated, all applicants must provide data 4635 from a minimum of three (3) samples taken within four and one-half (4.5) year prior to the date of 4636 the permit application. Samples must be representative of seasonal variation in the discharge 4637 from each outfall. Existing data may be used, if available, in lieu of sampling done solely for the 4638 purpose of this application.
4639 4640 (F) All existing data for pollutants specified in this Appendix that is 4641 collected within four and one-half (4.5) years of the application must be included in the pollutant 4642 data summary submitted by the applicant. If, however, the applicant samples for a specific 4643 pollutant on a monthly or more frequent basis, it is only necessary, for such pollutant, to 4644 summarize all data collected within one (1) year of the application.
4645 4646 (G) Unless otherwise indicated, all applicants must collect samples 4647 of effluent and analyze such samples for pollutants in accordance with analytical methods 4648 approved und 40 CFR Part 136 unless an alternative is specified in the existing WYPDES permit. 4649 Grab samples must be used for pH, temperature, cyanide, total phenols, residual chlorine, oil and 4650 grease, and fecal coliform. For all other pollutants, 24-hour composite samples must be used. 4651 For a composite sample, only one analysis of the composite of aliquots is required.
4652 4653 (H) The effluent monitoring data provided must include at least the 4654 following information for each parameter.
4655 4656 (I) daily maximum discharge, expressed as concentration or 4657 mass, based upon actual sample values;
4658 4659 (II) daily average discharge for all samples, expressed as 4660 concentration or mass, and the number of samples used to obtain this value;
4661 4662 (III) The analytical method used; and
4663 4664 (IV) The practical quantitation limit for the analytical method 4665 used.
4666 4667 4668 (I) Unless otherwise required by the administrator, metals 4669 must be reported as dissolved or total recoverable as applicable in accordance with Wyoming 4670 Water Quality Rules and Regulations Chapter 1.
4671
4672 (v) In addition to the POTWs listed in paragraph (a) (i) of this appendix, the 4673 division may require other POTWs to submit the results of toxicity tests with their permit 4674 applications, based on consideration of the following factors:
4675 4676 (A) The variability of the pollutants or pollutant parameters in the 4677 POTW effluent (based on chemical-specific information, the type of treatment facility, and types 4678 of industrial contributors);
4679 4680 (B) The dilution of the effluent in the receiving water (ratio of 4681 effluent flow to receiving surface waters of the state flow);
4682 4683 (C) Existing controls on point or nonpoint sources, including TMDL 4684 calculations for the waterbody segment and the relative contribution of the POTW;
4685 4686 (D) Receiving water characteristics, including possible or known 4687 water quality impairment, and whether the POTW discharges to waters designated as Class 1 in 4688 accordance with Wyoming Water Quality Rules and Regulations Chapter 1; or
4689 4690 (E) Other considerations (including but not limited to the history of 4691 toxic impact and compliance problems at the POTW), which the administrator determines could 4692 cause or contribute to adverse water quality impacts.
4693 4694 (vi) For POTWs required under paragraph (a) (i) or (a) (ii) of this appendix to 4695 conduct toxicity testing, POTWs shall use methods approved by the administrator.
4696 4697 (vii) Effluent monitoring for whole effluent toxicity.
4698 4699 (A) All applicants must provide an identification of any whole 4700 effluent toxicity tests conducted during the four and one half (4.5) years prior to the date of the 4701 application on any of the applicants discharges or on any receiving water near the discharge.
4702 4703 (B) Where the POTW has two or more outfalls with substantially 4704 identical effluent discharging to the same receiving water segment, the administrator may allow 4705 applicants to submit whole effluent toxicity data for only one (1) outfall on a case-by-case basis. 4706 The administrator may also allow applicants to composite samples from one (1) or more outfalls 4707 that discharge into the same mixing zone.
4708 4709 (C) Each applicant required to perform whole effluent toxicity 4710 testing pursuant to paragraph (a) (iii) of this Appendix must provide:
4711 4712 (I) Results of a minimum of four (4) quarterly tests for a 4713 year, from the year preceding the permit application; or
4714 4715 (II) Results from four tests performed at least annually in the 4716 four and one half (4.5) year period prior to the application, provided the results show no 4717 appreciable toxicity using a safety factor determined by the permitting authority.
4718 4719 4720 4721 4722 4723 4724 4725 4726 4727 4728 4729 4730 4731 4732 4733 4734 4735 4736 4737 4738 4739 4740 4741 4742 4743 4744 4745 4746 4747 4748 4749 4750 4751 4752 4753 4754 4755 4756 4757 4758 4759 4760 4761
(D) Applicants must conduct tests with multiple species (no less than two (2) species; e.g., fish invertebrate, plant) and test for acute or chronic toxicity, depending on the range of receiving water dilution. It is recommended that applicants conduct acute or chronic testing based on the following dilutions.
(I) Acute toxicity testing if the dilution of the effluent is greater than 1,000:1 at the edge of the mixing zone.
(II) Acute or chronic toxicity testing if the dilution of the effluent is between 100:1 and 1000:1 at the edge of the mixing zone. Acute testing may be more appropriate at the higher end and chronic testing may be more appropriate towards the lower end.
(III) Chronic testing if the dilution of the effluent is less than 100:1 at the edge of the mixing zone.
(E) Unless otherwise directed by the administrator, each applicant required to perform whole effluent toxicity testing pursuant to paragraph (a) (i) of this appendix must provide the number of chronic or acute whole effluent toxicity tests that have been conducted since the last permit reissuance.
(F) Applicants must provide the results using a form provided by the administrator, or test summaries if available and comprehensive, for each whole effluent toxicity test conducted pursuant to this appendix for which such information has not been reported previously to the administrator.
(G) For the purposes of these regulations whole effluent toxicity testing for must be conducted using methods approved under 40 CFR Part 136.
(H) For whole effluent toxicity data submitted to the administrator within four and one half (4.5) years prior to the date of the application applicants must provide the dates on which the data were submitted and a summary of the results, unless otherwise directed by the administrator.
(I) Each POTW required to perform whole effluent toxicity testing in accordance with these regulations must provide any information on the cause of toxicity and written details of any toxicity reduction evaluation conducted, if any whole effluent toxicity test conducted within the past four and one-half years revealed toxicity.
(viii) POTWs receiving Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or RCRA Corrective Action wastes or wastes generated at another type of environmental cleanup or remediation site must provide the following information.
4762 (A) If the POTW receives, or has been notified that it will receive, 4763 by truck, rail, or dedicated pipe any wastes that are regulated as RCRA hazardous wastes 4764 pursuant to 40 CFR Part 261, the applicant must report the following: 4765 4766 (I) The method by which the waste is received (i.e., whether 4767 by truck, rail, or dedicated pipe); and 4768 4769 (II) The hazardous waste number amount received annually 4770 of each hazardous waste. 4771 4772 (B) If the POTW receives, or has been notified that it will receive 4773 wastewaters that originate from remedial activities, including those undertaken pursuant to 4774 CERCLA and sections 3004(u) or 3008(h) of RCRA, the applicant must report the following: 4775 4776 (I) The identity and description of the site(s) or facility(ies) 4777 at which the wastewater originates. 4778 4779 (II) The identities of the wastewater=s hazardous 4780 constituents, as listed in Appendix VIII of 40 CFR Part 261, if known. 4781 4782 (III) The extent of treatment, if any, the wastewater receives 4783 or will receive before entering the POTW. 4784 4785 (C) Applicants are exempt from the requirements of paragraph (e)(ii) 4786 of this Appendix if they receive no more than fifteen kilograms per month of hazardous wastes as 4787 specified in 40 CFR 261.30 (d) and 261.33 (e). 4788 4789 (ix) Each applicant with combined sewer systems must provide the following 4790 information. 4791 4792 (A) Combined sewer system information: 4793 4794 (I) System map. A map indicating the location of the 4795 following: 4796 4797 (1.) All combined sewer overflow (CSO) discharge 4798 points. 4799 4800 (2.) Sensitive use areas potentially affected by CSOs. 4801 4802 (3.) Waters supporting threatened or endangered 4803 species potentially affected by CSOs. 4804 4805 4806 (II) System diagram. A diagram of the combined sewer 4807 collection system that includes:
4808 4809 4810 combined and separate sanitary. 4811 4812 4813 4814 4815 4816 4817 4818 4819 4820 4821 4822 4823 4824 4825 4826 4827 4828 is located. 4829 4830 4831 4832 4833 4834 4835 4836 4837 4838 4839 4840 4841 4842 4843 4844 4845 4846 4847 4848 4849 4850 4851 4852 4853 (1.) The location of major sewer trunk lines, both (2.) The locations of points where separate sanitary sewers feed into the combined sewer system. (3.) In-line and off-line storage structures. (4.) The locations of flow regulating devices. (5.) The location of pump stations. (B) Information on combined sewer outfalls: (I) Description of the outfall, including: (1.) Outfall number. (2.) State, county, and city or town in which outfall is located. (3.) Latitude and longitude, to the nearest 15 seconds. (4.) Distance from shore and depth below surface. (5.) Whether the applicant monitored any of the following in the past year for the CSO: a. Rainfall. b. CSO flow volume. c. CSO pollutant concentrations. d. Receiving water quality. e. CSO frequency. (6.) The number of storm events monitored in the last year. (II) CSO events. The following information about CSO overflows from each outfall.
4854 (1.) The number of events in the past year. 4855 4856 (2.) The average duration per event, if available. 4857 4858 (3.) The average volume per CSO event if available. 4859 4860 (4.) The minimum rainfall that caused a CSO event, 4861 if available, in the last year. 4862 4863 (III) Description of receiving waters. The following 4864 information about receiving water. 4865 4866 (1.) Name of the receiving water. 4867 4868 (2.) Name of watershed/stream system and the State 4869 watershed (12-digit) code (if known). 4870 4871 (IV) CSO operations. A description of any known water 4872 quality impacts on the receiving water caused by the CSO (e.g., permanent or intermittent beach 4873 closings, permanent or intermittent fish kills, fish advisories, other recreational loss, or 4874 exceedance of any applicable state water quality standard. 4875 4876 (x) Contractors. All applicants must provide the name, mailing address, 4877 telephone number, and responsibilities of all contractors responsible for any operational or 4878 maintenance aspects of the facility. 4879 4880 (b) A permit application shall not be considered complete if the administrator has 4881 waived application requirements under this Appendix or Section 5 of these regulations and the 4882 Regional Administrator of the EPA has disapproved the waiver. If a waiver request has been 4883 submitted to the Regional Administrator of the EPA more than 210 days prior to permit 4884 expiration and the Regional Administrator has not disapproved the waiver application 181 days 4885 prior to permit expiration, the permit application lacking the information subject to the waiver 4886 request shall be considered complete. 4887 4888 (c) Secondary treatment requirements. This part provides information 4889 on the level of effluent quality that shall be obtained through the application of secondary or 4890 equivalent treatment. 4891 4892 (i) Terms used in this appendix are defined as follows: 4893 4894 (A) 7-day average. The arithmetic mean of pollutant parameter 4895 values for samples collected in a period of seven (7) consecutive days. 4896 4897 (B) 30-day average. The arithmetic mean of pollutant parameter 4898 values of samples collected in a period of 30 consecutive days. 4899
4900 (C) BOD5. The five day measure of the pollutant parameter 4901 biochemical oxygen demand (BOD5). 4902 4903 (D) CBOD5. The five day measure of the pollutant parameter 4904 carbonaceous biochemical oxygen demand (CBOD5). 4905 4906 (E) Effluent concentrations consistently achievable through proper 4907 operation and maintenance. 4908 4909 (I) For a given pollutant parameter, the 95th percentile value for the 4910 30-day average effluent quality achieved by a treatment works in a period of at least two years, 4911 excluding values attributable to upsets, bypasses, operational errors, or other unusual conditions; 4912 and, 4913 4914 (II) A 7-day average value equal to 1.5 times the value derived under 4915 paragraph (c) (i) (E) (I) of this appendix. 4916 4917 (F) Facilities eligible for treatment equivalent to secondary 4918 treatment. Treatment works shall be eligible for consideration for effluent limitations described 4919 for treatment equivalent to secondary treatment (133.105) if: 4920 4921 (I) The BOD5 and TSS effluent concentrations consistently 4922 achievable through proper operation and maintenance of the treatment works exceed the 4923 minimum level of effluent quality set forth in 133.02(a) and (b). 4924 4925 (II) A trickling filter or waste stabilization pond is used as 4926 the principal process; and, 4927 4928 (III) The treatment works provide significant biological 4929 treatment of municipal wastewater. 4930 4931 (G) Percent removal. A percentage expression of the removal 4932 efficiency across a treatment plan for a given pollutant parameter, as determined from the 30-day 4933 average values of the raw wastewater influent pollutant concentrations to the facility and the 30- 4934 day average values of the raw wastewater influent pollutant concentrations to the facility and the 4935 30-day average values of the effluent pollutant concentrations for a given time period. 4936 4937 4938 (H) Significant biological treatment. The use of an aerobic or 4939 anaerobic biological treatment process in a treatment works to consistently achieve a 30-day 4940 average of at least 65 percent removal of BOD5. 4941 4942 (I) TSS. The pollutant parameter total suspended solids. 4943 4944 (J) Significantly more stringent limitation means BOD5 and TSS 4945 limitations necessary to meet the percent removal requirements of at least 5 mg/l more stringent
4946 than the otherwise applicable concentration-based limitations (e.g., less than 25 mg/l in the case 4947 of the secondary treatment limits for BOD5 and TSS), or the percent removal limitations in 4948 paragraphs (c) (ii) and (c) (v) of this appendix, if such limits would, by themselves, force 4949 significant construction or other significant capital expenditure.
4950 4951 (ii) Secondary Treatment. The following paragraphs describe the minimum 4952 level of effluent quality attainable by secondary treatment in terms of the parameters BOD5, TSS, 4953 and pH. All requirements for each parameter shall be achieved except as provided for in 4954 paragraphs (c) (iii) and (c) (v) of this appendix.
4955 4956 (A) BOD₅.
4957 4958 (I) The 30-day average shall not exceed 30 mg/l.
4959 4960 (II) The 7-day average shall not exceed 45 mg/l.
4961 4962 (III) The 30-day average percent removal shall not be less
4963 than 85 percent.
4964 4965 (IV) At the option of the administrator, in lieu of the 4966 parameter BOD5, and the levels of the effluent quality specified in paragraphs (c) (ii) (A) (I) (II) 4967 and (III), the parameter C BOD₅, may be substituted with the following levels of the CBOD₅ 4968 effluent quality provided:
4969 4970 (1.) The 30-day average shall not exceed 25 mg/l.
4971 4972 (2.) The 7-day average shall not exceed 40 mg/l.
4973 4974 (3.) The 30-day average percent removal shall not be
4975 less than 85 percent.
4976 4977 (B) TSS.
4978 4979 (I) The 30-day average shall not exceed 30 mg/l.
4980 4981 (II) The 7-day average shall not exceed 45 mg/l
4982 4983 (III) The 30-day average percent removal shall not be less
4984 than 85 percent.
4985 4986 (C) pH. The effluent values for pH shall be maintained within the 4987 limits of 6.0 to 9.0 unless the publicly owned treatment works demonstrates that: (1) Inorganic 4988 chemicals are not added to the waste stream as part of the treatment process; and (2) contributions 4989 from industrial sources do not cause the pH of the effluent to be less than 6.0 or greater than 9.0.
4990 4991 (iii) Special considerations.
4992 4993 4994 4995 4996 4997 4998 4999 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037
(A) Combined sewers. Treatment works subject to this part may not be capable of meeting the percentage removal requirements established under 102 (a) (3) and (b) (3) or 105 (a) (3) and (b) (3) during wet weather where the treatment works receive flows from combined sewers (i.e., sewers which are designed to transport both storm water and sanitary sewage). For such treatment works, the decision must be made on a case-by-case basis as to whether any attainable percentage removal level can be defined, and if so, what the level should be.
(B) Industrial waste. For certain industrial categories, the discharge to surface waters of the state of BOD5 and TSS permitted under Sections 301 (b) (1) (A) (i), (b) (2) (E) or 306 of the CWA may be less stringent than the values given in paragraphs (c) (ii) (A) (I) and (IV) (i), (c) (ii) (B) (I), (c) (v) (A) (I), (c) (v) (B) (I) and (c) (v) (E) (I) (i) of this appendix. In cases when wastes would be introduced from such an industrial category into a publicly owned treatment works, the values for BOD5 and TSS in paragraphs (c) (ii) (A) (I) and (IV) (i), (c) (ii) (B) (I), (c) (v) (A) (I), (c) (v) (B) (I) and (c) (v) (E) (I) (i) of this appendix may be adjusted upwards provided that: (1) The permitted discharge of such pollutants attributable to the industrial category, would not be greater that which would be permitted under Sections 301 (b) (1) (A) (i), (b) (2) (E) or 306 of the CWA if such industrial category were to discharge directly into the surface waters of the state, and (2) the flow or loading of such pollutants introduced by the industrial category exceeds 10 percent of the design flow or loading of the publicly owned treatment works. When such an adjustment is made, the values for BOD5 or TSS in paragraphs (c) (ii) (A) (II) and (IV) (ii), (c) (ii) (B) (II), (c) (v) (A) (II), (c) (v) (B) (II) and (c) (v) (E) (I) (ii) of this appendix. should be adjusted proportionately.
(C) Waste stabilization ponds. The administrator, may authorize adjusting the minimum levels of effluent quality set forth in paragraphs (c) (v) (B) (1), (2) and (3) of this appendix for treatment works subject to this part, to conform to the TSS concentrations achievable with waste stabilization ponds, provided that:
(I) Waste stabilization ponds are the principal process used for secondary treatment; and
(II) Operation and maintenance data indicate that the TSS values specified in paragraphs (c) (v) (B) (I), (II) and (III) of this appendix cannot be achieved. The term 'TSS concentrations achievable with waste stabilization ponds' means a TSS value, determined by the administrator, which is equal to the effluent concentration achieved 90 percent of the time within a state or appropriate contiguous geographical area by waste stabilization ponds that are achieving the levels of effluent quality for BOD5 specified in paragraphs (c) (v) (A) (I) of this appendix.
(D) Less concentrated influent wastewater for separate sewers. The administrator may authorize substituting either a lower percent removal requirement or a mass loading limit for the percent removal requirements set forth in paragraphs (c) (ii) (A) (III) and (IV) (3), (c) (ii) (B) (III), (c) (v) (A) (III), (c) (v) (B) (III) and (c) (v) (E) (I) (3) of this appendix provided that the permittee satisfactorily demonstrates that:
5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083
(I) The treatment works is consistently meeting, or will consistently meet, its permit effluent concentration limits but its percent removal requirements cannot be met due to less concentrated influent wastewater;
(II) To meet the percent removal requirements, the treatment works would have to achieve significantly more stringent limitations than would otherwise be required by the concentration-based standards; and
(III) The less concentrated influent wastewater is not the result of excessive I/I. The determination of whether the less concentrated I/I will use the definition of excessive I/I in 40 CFR 35.2005 (b) (16) plus the additional criterion that inflow is non-excessive if the total flow to the POTW (i.e., wastewater plus inflow plus infiltration) is less than 25 gallons per capita per day.
(E) Less concentrated influent wastewater for combined sewers during dry weather. The administrator may substitute either a lower percent removal requirement or a mass loading limit for the percent removal requirements set forth in paragraphs (c) (ii) (A) (III) and (IV) (iii), (c) (ii) (B) (III), (c) (v) (A) (III), (c) (v) (B) (III) and (c) (v) (E) (I) (iii) of this appendix provided that the permittee satisfactorily demonstrates that:
(I) The treatment works is consistently meeting, or will consistently meet, its permit effluent concentration limits, but the percent removal requirements cannot be met due to less concentrated influent wastewater;
(II) To meet the percent removal requirements, the treatment works would have to achieve significantly more stringent effluent concentrations than would otherwise be required by the concentration-based standards; and
(III) The less concentrated influent wastewater does not result from either excessive infiltrations or clear water industrial discharges during dry weather periods. The determination of whether the less concentrated wastewater results from excessive infiltration is discussed in 40 CFR 35.2005 (b) (28), plus the additional criterion that either 40 gallons per capita per day or 1500 gallons per inch diameter per mile of sewer may be used as the threshold value for that portion of the dry weather base flow attributed to infiltration. If the less concentrated influent wastewater is the result of clear water industrial discharges, then the treatment works must control such discharges pursuant to 40 CFR Part 403.
(iv) Sampling and test procedures.
(A) Sampling and test procedures for pollutants listed in this part shall be in accordance with guidelines in 40 CFR Part 136.
(B) Chemical oxygen demand (COD) or total organic carbon (TOC) may be substituted for BOD5 when a long-term BOD5, COD or BOD5 TOC correlation has been demonstrated.
5084 5085 (v) Treatment equivalent to secondary treatment. This section describes the 5086 minimum level of effluent quality attainable by facilities eligible for treatment equivalent to 5087 secondary treatment under paragraph (c) (i) (F) of this appendix in terms of the parameters BOD5, 5088 TSS and pH. All requirements for the specified parameters in paragraphs (c) (v) (A), (B) and (C) 5089 of this appendix shall be achieved except as provided for in paragraph (c) (iii), or paragraphs (c) 5090 (v) (D), (E) or (F) of this appendix. 5091 5092 (A) BOD5. 5093 5094 (I) The 30-day average shall not exceed 45 mg/l. 5095 5096 (II) The 7-day average shall not exceed 65 mg/l. 5097 5098 (III) The 30-day average percent removal shall not be less 5099 than 65 percent. 5100 5101 (B) TSS. Except where TSS values have been adjusted in 5102 accordance with paragraph (c) (iii) (C) of this appendix: 5103 5104 (I) The 30-day average shall not exceed 45 mg/l. 5105 5106 (II) The 7-day average shall not exceed 65 mg/l. 5107 5108 (III) The 30-day average percent removal shall not be less 5109 than 65 percent. 5110 5111 (C) pH. The requirements of paragraph (c) (ii) (C) of this appendix 5112 shall be met. 5113 5114 (D) Alternative requirements. Except as limited by paragraph (c) (v) 5115 (F) of this appendix, and after public notice and opportunity for public comment, the 5116 administrator may adjust the minimum levels of effluent quality set forth in paragraphs (c) (v) (A) 5117 (I), (A) (II), (B) (I) and (B) (II) of this appendix for trickling filter facilities and in paragraphs (c) 5118 (v) (A) (I) and (A) (II) of this section for waste stabilization pond facilities, to conform to the 5119 BOD5 and TSS effluent concentrations consistently achievable through proper operation and 5120 maintenance by the median (50th percentile) facility in a representative sample of facilities within 5121 the state or an appropriate contiguous geographical area that meet the definition of facilities 5122 eligible for treatment equivalent to secondary treatment. 5123 5124 (E) CBOD5 limitations. 5125 5126 (I) Where data are available to establish CBOD5 limitations 5127 for a treatment works subject to this Section, the administrator may substitute the parameter 5128 CBOD5 for the parameter BOD5. In paragraph (c) (v) (A) (I)-(III) of this appendix, on a case-by-
5129 case basis provided that the levels of CBOD₅ effluent quality are not less stringent than the 5130 following:
5131 5132 (1.) The 30-day average shall not exceed 40 mg/l. 5133 5134 (2.) The 7-day average shall not exceed 60 mg/l. 5135 5136 (3.) The 30-day average percent removal shall not be 5137 less than 65 percent.
5138 5139 (II) Where data are available, the parameter CBOD5 may be 5140 used for effluent quality limitations established under paragraph (c) (v) (D) of this appendix. 5141 Where concurrent BOD₅ effluent data are available, they must be submitted with the CBOD5 data 5142 as part of the approval process outlined in paragraph (c) (v) (D) of this appendix.
5143 5144 (F) Permit adjustments. Any permit adjustment made pursuant to 5145 this part may not be any less stringent than the limitations required pursuant to paragraph (c) (v) 5146 (A) through (E) of this appendix. Furthermore, more stringent limitations shall be required when 5147 adjusting permits if:
5148 5149 (I) For existing facilities, the administrator determines that 5150 the 30-day average and 7-day average BOD₅ and TSS effluent values that could be achievable 5151 through proper operation and maintenance of the treatment works, based on an analyses of the 5152 past performance of the treatment works to achieve more stringent limitations;, or
5153 5154 (II) For new facilities, the administrator determines that the 5155 30-day average and 7-day average BOD₅ and TSS effluent values that could be achievable 5156 through proper operation and maintenance of the treatment works, considering the design 5157 capability of the treatment process and geographical and climatic conditions, would enable the 5158 treatment works to achieve more stringent limitations.
5159 5160 (d) Permits for publicly owned treatment works will require that the permittee must 5161 provide adequate notification to the administrator of the following:
5162 5163 (i) Any new introduction of pollutants into the publicly owned treatment 5164 works from an indirect discharger which would be subject to Sections 301 or 306 of the CWA if 5165 it were directly discharging those pollutants, and
5166 5167 (ii) Any substantial change in the volume or character of pollutants being 5168 introduced into that publicly owned treatment works by a source introducing pollutants into the 5169 publicly owned treatment works at the time of issuance of the permit.
5170 5171 (iii) For the purposes of Appendix E (d) (i) and (ii), adequate notification 5172 shall include information on the quality and quantity of effluent introduced into the publicly 5173 owned treatment works; and any anticipated impact of the change on the quantity or quality of 5174 effluent to be discharged from the publicly owned treatment works.
5175 5176 5177
5178 5179 5180
5181 5182
| Table E1 Effluent Parameters for All POTWs |
|---|
| Biological oxygen demand (BOD5 or CBOD5) |
| Fecal Coliform |
| pH |
| Temperature |
| Total Suspended Solids |
| Table E2 Effluent Parameters for Selected POTWS |
|---|
| Ammonia (as N) |
| Chlorine (total residual, TRC) |
| Dissolved oxygen |
| Nitrate/Nitrite |
| Kjeldahl nitrogen |
| Oil and grease |
| Phosphorus |
| Total dissolved solids |
5183 5184 5185 5186 5187 5188 5189 5190 5191 5192 5193 5194 5195 5196 5197 5198 5199 5200 5201 5202 5203 5204 5205 5206 5207 5208 5209 5210 5211 5212 5213 5214 5215 5216 5217 5218 5219 5220 5221 5222 5223 5224 5225 5226 5227
5228 5229 5230 5231 5232 5233 5234 5235 5236 5237 5238 5239 5240 5241 5242 5243 5244 5245 5246 5247 5248 5249 5250 5251 5252
(f) The name of the receiving water and the source of intake water.
(g) For each species of aquatic animals, the total yearly and maximum harvestable weight.
(h) The calendar month of maximum feeding and the total mass of food fed during that month.
Intentionally left blank
5254 Additional Requirements Applicable to New and Existing Concentrated Animal Feeding 5255 Operations
5256 5257 (a) Applicability and permit requirement for concentrated animal feeding operations 5258 (CAFOs). In accordance with W.S. 35-11-103 (a) (xi) and 35-11-302 (a) (v), CAFOs, as defined 5259 in Appendix G (b) of these regulations, are point sources that require WYPDES permits for 5260 discharges or potential discharges. Once an operation is defined as a CAFO, the WYPDES 5261 requirements for CAFOs apply with respect to all animals in confinement at the operation and all 5262 manure, litter and process wastewater generated by those animals or the production of those 5263 animals, regardless of the type of animal. All CAFOs have a duty to apply to seek coverage 5264 under a WYPDES permit as described in these regulations.
5265 5266 (b) Definitions applicable to this appendix:
5267 5268 (i) Analytical methods. The parameters that are regulated or referenced in 5269 this appendix and listed with approved methods of analysis in Table 1B at 40 CFR 136.3 are 5270 defined as follows:
5271 5272 (A) “Ammonia (as N)” means ammonia reported as nitrogen.
5273 5274 (B) “BOD5” means 5-day biochemical oxygen demand.
5275 5276 (C) “Nitrate (as N)” means nitrate reported as nitrogen.
5277 5278 (D) “Total dissolved solids” means nonfilterable residue.
5279 5280 (ii) Analytical methods. The parameters that are regulated or referenced in 5281 this part and listed with approved methods of analysis in Table 1A at 40 CFR 136.3 are defined as 5282 follows:
5283 5284 (A) “Fecal coliform” means fecal coliform bacteria.
5285 5286 (B) “Total coliform” means all coliform bacteria.
5287 5288 (iii) “Animal feeding operation” (AFO) means a lot or facility (other than an 5289 aquatic animal production facility) where the following conditions are met:
5290 5291 (A) Animals have been, are, or will be stabled or confined and fed or 5292 maintained for a total of 45 days or more in any 12-month period; and
5293 5294 (B) Crops, vegetation forage growth or post harvest residues are not 5295 sustained in the normal growing season over any portion of the lot or facility.
5296 5297
5298 Two (2) or more animal feeding operations under common ownership are considered, for 5299 purposes of these regulations, to be a single animal feeding operation if they adjoin each other or 5300 if they use a common area or system for the disposal of wastes.
5301 5302 (iv) “Land application area” means land under the control of an AFO owner 5303 or operator, whether it is owned, rented, or leased, to which manure, litter or process wastewater 5304 from the production area is or may be applied.
5305 5306 (v) “Large concentrated animal feeding operation” (large CAFO). An AFO 5307 is defined as a large CAFO if it stables or confines as many as or more than the numbers of 5308 animals specified in any of the following categories.
5309 5310 (A) 700 mature dairy cows, whether milked or dry; 5311 5312 (B) 1,000 veal calves; 5313 5314 (C) 1,500 buffalo (Bison bison); 5315 5316 (D) 1,000 cattle other than mature dairy cows or veal calves. Cattle 5317 includes but is not limited to heifers, steers, bulls and cow/calf pairs;
5318 5319 (E) 2,500 swine each weighing 55 pounds or more; 5320 5321 (F) 10,000 swine each weighing less than 55 pounds; 5322 5323 (G) 500 horses; 5324 5325 (H) 10,000 sheep or lambs; 5326 5327 (I) 55,000 turkeys; 5328 5329 (J) 30,000 laying hens or broilers, if the AFO uses a liquid manure 5330 handling system;
5331 5332 (K) 125,000 chickens (other than laying hens), if the AFO uses other 5333 than a liquid manure handling system;
5334 5335 (L) 82,000 laying hens, (if the AFO uses other than a liquid manure 5336 handling system);
5337 5338 (M) 30,000 ducks (if the AFO uses other than a liquid manure 5339 handling system); or
5340 5341 (N) 5,000 ducks (if the AFO uses a liquid manure handling system). 5342
5343 (vi) “Manure” is defined to include animal excreta or other commonly 5344 associated wastes of animal husbandry including but not limited to bedding, compost and raw 5345 materials or other materials commingled with manure or set aside for disposal.
5346 5347 (vii) “Medium concentrated animal feeding operation” (medium CAFO) 5348 means any AFO with the type and number of animals that fall within any of the ranges listed in 5349 Appendix G (b) (vii) (A) and which has been defined or designated as a CAFO. An AFO is 5350 defined as a medium CAFO if:
5351 5352 (A) The type and number of animals that it stables or confines falls 5353 within any of the following ranges:
5354 5355 (I) 200 to 699 mature dairy cattle, whether milked or dry;
5356 5357 (II) 300 to 999 veal calves;
5358 5359 (III) 450 to 1499 buffalo (Bison bison);
5360 5361 (IV) 300 to 999 cattle other than mature dairy cows or veal 5362 calves. Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs;
5363 5364 (V) 750 to 2,499 swine each weighing 55 pounds or more;
5365 5366 (VI) 3,000 to 9,999 swine each weighing less than 55 pounds;
5367 5368 (VII) 150 to 499 horses;
5369 5370 (VIII) 3,000 to 9,999 sheep or lambs;
5371 5372 (IX) 16,500 to 54,999 turkeys;
5373 5374 (X) 9,000 to 29,999 laying hens or broilers, (if the AFO uses 5375 a liquid manure handling system);
5376 5377 (XI) 37,500 to 124, 999 chickens (other than laying hens), (if 5378 the AFO uses other than a liquid manure handling system);
5379 5380 (XII) 25,000 to 81,999 laying hens, (if the AFO uses other 5381 than a liquid manure handling system);
5382 5383 (XIII) 10,000 to 29,999 ducks (if the AFO uses other than a 5384 liquid manure handling system); or
5385 5386 (XIV) 1,500 to 4,999 ducks (if the AFO uses a liquid manure 5387 handling system); and 5388
5389 5390 5391 5392 5393 5394 5395 5396 5397 5398 5399 5400 5401 5402 5403 5404 5405 5406 5407 5408 5409 5410 5411 5412 5413 5414 5415 5416 5417 5418 5419 5420 5421 5422 5423 5424 5425 5426 5427 5428 5429 5430 5431 5432 5433 5434
(B) Either one of the following conditions are met:
(I) Pollutants are discharged into surface waters of the state through a man-made ditch, flushing system, or other similar man-made device; or
(II) Pollutants are discharged directly into surface waters of the state which originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.
(viii) “New source” means any building, structure, facility or installation from which there is or may be the discharge of pollutants, the construction of which is commenced after the effective date of these regulations.
(ix) “Overflow” means the discharge of manure or process wastewater resulting from the filling of wastewater or manure storage structures beyond the point at which no more manure, process wastewater, or storm water can be contained by the structure.
(x) “Process wastewater” means water directly or indirectly used in the operation of the AFO for any or all of the following: spillage or overflow from animal or poultry watering systems; washing, cleaning, or flushing pens, barns, manure pits, or other AFO facilities; direct contact swimming, washing, or spray cooling of animals; or dust control. Process wastewater also includes any water which comes into contact with any raw materials, products, or byproducts including manure, litter, feed, milk, eggs or bedding.
(xi) “Production area” means that part of an AFO that includes the animal confinement area, the manure storage area, the raw materials storage area, and the waste containment areas. The animal confinement area includes but is not limited to open lots, housed lots, feedlots, confinement houses, stall barns, free stall barns, milk rooms, milking centers, cowyards, barnyards, medication pens, walkers, animal walkways, and stables. The manure storage area includes but is not limited to lagoons, runoff ponds, storage sheds, stock piles, under house or pit storages, liquid impoundments, static piles, and composting piles. The raw materials storage area includes but is not limited to feed silos, silage bunkers, and bedding materials. The waste containment area includes but is not limited to settling basins, and areas within berms and diversions which separate uncontaminated storm water. Also included in the definition of production area is any egg washing or egg processing facility, and any area used in the storage, handling, treatment, or disposal of mortalities.
(xii) “Twenty-five-year, 24-hour rainfall event” and 100-year, 24-hour rainfall event mean precipitation events with a probable recurrence interval of once in 25 years, or 100 years, respectively, as defined by the National Weather Service in Technical Paper No. 40, “Rainfall Frequency Atlas of the United States,” May, 1961, or equivalent regional or state rainfall probability information developed from this source.
(c) CAFO designation. The director may designate any AFO as a CAFO upon determining that it is a significant contributor of pollutants to surface waters of the state. The director may also designate an AFO as a CAFO at the request of the Regional Administrator, but
5435 only where the Regional Administrator has determined that one or more pollutants in the AFOs 5436 discharge contributes to an impairment in a downstream or adjacent state water that is impaired 5437 for that pollutant.
5438 5439 (i) In making this designation, the director shall consider the following 5440 factors:
5441 5442 (A) The size of the AFO and the amount of wastes reaching surface 5443 waters of the state;
5444 5445 (B) The location of the AFO relative to surface waters of the state;
5446 5447 (C) The means of conveyance of animal wastes and process waste 5448 waters into surface waters of the state;
5449 5450 (D) The slope, vegetation, rainfall, and other factors affecting the 5451 likelihood or frequency of discharge of animal wastes manure and process waste waters into 5452 surface waters of the state; and
5453 5454 (E) Other relevant factors.
5455 5456 (ii) No AFO shall be designated under these regulations unless the director 5457 or the Regional Administrator has conducted an on-site inspection of the operation and 5458 determined that the operation should and could be regulated under the WYPDES permit program. 5459 In addition, no AFO with numbers of animals below the minimum numbers established in 5460 Appendix G (b) (vii) (A) may be designated as a CAFO unless:
5461 5462 (A) Pollutants are discharged into surface waters of the state through 5463 a manmade ditch, flushing system, or other similar manmade device; or
5464 5465 (B) Pollutants are discharged directly into surface waters of the state 5466 which originate outside of the facility and pass over, across, or through the facility or otherwise 5467 come into direct contact with the animals confined in the operation.
5468 5469 (d) Application for permit and exceptions.
5470 5471 (i) All CAFO owners and operators must seek coverage under a WYPDES 5472 permit, except as provided in Appendix G (d) (ii) of these regulations. If the director has not 5473 made a general permit available, the CAFO owner or operator must submit an application for an 5474 individual permit to the director.
5475 5476 (ii) Exception. An owner or operator of a large CAFO does not need to seek 5477 coverage under a WYPDES permit otherwise required by this section once the owner or operator 5478 has received from the director notification of a determination under Appendix G (f) of these 5479 regulations that the CAFO has “no potential to discharge” manure, litter or process wastewater.
5480
5481 (iii) New and existing concentrated animal feeding operations shall provide 5482 the following information, in addition to that described in Section 5 (a) (v) for individual permits, 5483 to the administrator, using an application form provided by the administrator.5484 5485 (A) The type and number of animals in open confinement and 5486 housed under roof;5487 5488 (B) The type of containment and storage (anaerobic lagoon, roofed 5489 storage shed, storage ponds, underfloor pits, above ground storage tanks, below ground storage 5490 tanks, concrete pad, impervious soil pad, other) and total capacity for manure, litter, and process 5491 wastewater storage (tons/gallons);5492 5493 (C) The total number of acres under control of the applicant 5494 available for land application of manure, litter, or process wastewater;5495 5496 (D) The number of acres used for confinement feeding;5497 5498 (E) Estimated amounts of manure, litter and process wastewater 5499 generated per year (tons/gallons);5500 5501 (F) Estimated amounts of manure, litter and process wastewater 5502 transferred to other persons per year (tons/gallons);5503 5504 (G) The design basis for the runoff diversion and controls system, if 5505 one exists, including the number of acres of contributing drainage, the storage capacity, and the 5506 design safety factor to ensure no discharge except under conditions of a 25-year 24-hour, or 5507 greater, storm event; and5508 5509 (H) A nutrient management plan, in accordance with Appendix G (i) 5510 developed and implemented upon the date of coverage.5511 5512 (e) Land application discharges from a CAFO are subject to WYPDES requirements. 5513 The discharge of manure, litter or process wastewater to surface waters of the state from a CAFO 5514 as a result of the application of that manure, litter or process wastewater by the CAFO to land 5515 areas under its control is a discharge from that CAFO subject to WYPDES permit requirements, 5516 except where it is an agricultural storm water discharge as provided in 33 U.S.C. 1362(14). For 5517 purposes of Appendix G (e), where the manure, litter or process wastewater has been applied in 5518 accordance with site specific nutrient management practices that ensure appropriate agricultural 5519 utilization of the nutrients in the manure, litter or process wastewater, as specified in Appendix G 5520 (i) (ii) (F) - (H) a precipitation related discharge of manure, litter or process wastewater from land 5521 areas under the control of a CAFO is an agricultural storm water discharge.5522 5523 (f) 'No potential to discharge' determination for large CAFOs.5524 5525
5526 (i) Determination by the director. The director, upon request, may make a 5527 case-specific determination that a large CAFO has “no potential to discharge” pollutants to 5528 surface waters of the state. In making this determination, the director must consider the potential 5529 for discharges from both the production area and any land application areas. The director must 5530 also consider any record of prior discharges by the CAFO. In no case may the CAFO be 5531 determined to have “no potential to discharge” if it has had a discharge within the five (5) years 5532 prior to the date of the request submitted under Appendix G (f) (ii). For purposes of this section, 5533 the term “no potential to discharge” means that there is no potential for any CAFO manure, litter 5534 or process wastewater to be added to surface waters of the state under any circumstances or 5535 climatic condition. A determination that there is “no potential to discharge” for purposes of this 5536 section only relates to discharges of manure, litter and process wastewater covered by this 5537 appendix.
5538 5539 (ii) Information to support a “no potential to discharge request”. In 5540 requesting a determination of “no potential to discharge,” the CAFO owner or operator must 5541 submit any information that would support such a determination, within the time frame provided 5542 by the director and in accordance with Appendix G (g) and (h) of these regulations. Such 5543 information must include all of the information specified in Appendix G (f) and (i) (i) and Section 5544 5 (a) of these regulations. The director has discretion to require additional information to 5545 supplement the request, and may also gather additional information through on-site inspection of 5546 the CAFO.
5547 5548 (iii) Process for making a “no potential to discharge” determination. Before 5549 making a final decision to grant a “no potential to discharge” determination, the director must 5550 issue a notice to the public stating that a “no potential to discharge” request has been received. 5551 This notice must be accompanied by a fact sheet which includes, when applicable:
5552 5553 (A) A brief description of the type of facility or activity which is the 5554 subject of the “no potential to discharge” determination;
5555 5556 (B) A brief summary of the factual basis, upon which the request is 5557 based, for granting the “no potential to discharge” determination; and
5558 5559 (C) A description of the procedures for reaching a final decision on 5560 the “no potential to discharge” determination.
5561 5562 (iv) The director must base the decision to grant a “no potential to discharge” 5563 determination on the administrative record, which includes all information submitted in support 5564 of a “no potential to discharge” determination and any other supporting data gathered by the 5565 administrator. The director must notify any CAFO seeking a “no potential to discharge” 5566 determination of its final determination within 90 days of receiving the request.
5567 5568 (v) Deadline for requesting a “no potential to discharge” determination. The 5569 owner or operator must request a “no potential to discharge” determination by the applicable 5570 permit application date specified in Appendix G (g) of these regulations. If the director=s final
5571 decision is to deny the “no potential to discharge” determination, the owner or operator must seek 5572 coverage under a permit within 30 days after the denial. 5573
5574 (vi) The “no potential to discharge” determination does not relieve the CAFO 5575 from the consequences of an actual discharge. Any unpermitted CAFO that discharges pollutants 5576 into surface waters of the state is in violation of the CWA, the Environmental Quality Act and 5577 these regulations even if it has received a “no potential to discharge” determination from the 5578 director. Any CAFO that has received a determination of “no potential to discharge,” but who 5579 anticipates changes in circumstances that could create the potential for a discharge, should contact 5580 the director, and apply for and obtain permit authorization prior to the change of circumstances. 5581
5582 (vii) The director retains authority to require a permit. Where the director has 5583 issued a determination of “no potential to discharge,” the director retains the authority to 5584 subsequently require WYPDES permit coverage if circumstances at the facility change, if new 5585 information becomes available, or if there is other reason for the director to determine that the 5586 CAFO has a potential to discharge. 5587
5588 (g) Deadlines to apply. 5589
5590 (i) For operations that are defined as CAFOs under regulations that were in 5591 operation prior to April 14, 2003, the owner or operator must have or sought to obtain coverage 5592 under a WYPDES permit as of April 14, 2003, and comply with all applicable WYPDES 5593 requirements, including the duty to maintain permit coverage in accordance with Appendix G (h) 5594 of these regulations. 5595
5596 (ii) Owners or operators of operations defined as CAFOs as of April 14, 5597 2003, who were not defined as CAFOs prior to that date must seek to obtain coverage under a 5598 WYPDES permit by a date specified by the director, but no later than February 13, 2006. 5599
5600 (iii) Operations that become defined as CAFOs after April 14, 2003, but 5601 which are not new sources. For AFOs that make changes to their operations that result in 5602 becoming defined as CAFOs for the first time, after April 14, 2003, but are not new sources, the 5603 owner or operator must seek to obtain coverage under a WYPDES permit, as follows: 5604
5605 (A) Facilities defined as CAFOs resulting from operational changes 5606 (e.g. resulting from an increase in the number of animals), as soon as possible but no later than 90 5607 days after becoming defined as a CAFO; except that 5608
5609 (B) If an operational change that makes the operation a CAFO would 5610 not have made it a CAFO prior to April 14, 2003, the operation has at least until April 13, 2006, 5611 or 90 days after becoming defined as a CAFO, whichever is later. 5612
5613 (iv) New sources. New sources must seek to obtain coverage under a permit 5614 at least 180 days prior to the time that the CAFO commences operation, unless otherwise 5615 approved by the administrator. 5616
5617 (v) Operations that are designated as a CAFO in accordance with Appendix 5618 G (c) of these regulations, the owner or operator must seek to obtain coverage under a permit no 5619 later than 90 days after receiving notice of the designation.
5620 5621 (vi) “No potential to discharge.” Notwithstanding any other provision of this 5622 section, a CAFO that has received a “no potential to discharge” determination in accordance with 5623 Appendix G (f) of these regulations is not required to seek coverage under a WYPDES permit 5624 that would otherwise be required by this section. If circumstances materially change at a CAFO 5625 that has received a “no potential to discharge” determination, such that the CAFO has a potential 5626 for a discharge, the CAFO shall immediately notify the director, and seek coverage under a 5627 WYPDES permit within 30 days after the change in circumstances.
5628 5629 (h) Duty to maintain permit coverage. Not later than 180 days before the expiration 5630 of the permit, the permittee must submit an application to renew its permit, in accordance with 5631 Section 9 of these regulations. However, the permittee need not continue to seek continued 5632 permit coverage or reapply for a permit if:
5633 5634 (i) The facility has ceased operation or is no longer a CAFO; and
5635 5636 (ii) The permittee has demonstrated to the satisfaction of the director that 5637 there is no remaining potential for a discharge of manure, litter or associated process wastewater 5638 that was generated while the operation was a CAFO, other than agricultural stormwater from land 5639 application areas; or
5640 5641 (i) Permit conditions applicable to all CAFOs. Any permit issued to a CAFO shall 5642 include:
5643 5644 (i) Nutrient management plan development and implementation 5645 requirements. At a minimum, a nutrient management plan must include best management 5646 practices and procedures necessary to implement applicable effluent limitations and standards.
5647 5648 (A) Permitted CAFOs must have their nutrient management plans 5649 developed (or updated if a nutrient management plan was required in the existing permit) and 5650 implemented by December 31, 2006.
5651 5652 (B) CAFOs that seek to obtain coverage under a permit after 5653 December 31, 2006 must have a nutrient management plan developed and implemented upon the 5654 date of permit coverage.
5655 5656 (ii) The nutrient management plan must, to the extent applicable:
5657 5658 (A) Ensure adequate storage of manure, litter, and process 5659 wastewater, including procedures to ensure proper operation and maintenance of the storage 5660 facilities;
5661
5662 (B) Ensure proper management of mortalities (i.e., dead animals) so 5663 they are not disposed of in a liquid manure, storm water, or process wastewater storage or 5664 treatment system that is not specifically designed to treat animal mortalities; 5665 5666 (C) Ensure that stormwater runoff is diverted, as appropriate, from 5667 the production area; 5668 5669 (D) Prevent direct contact of confined animals with surface waters of 5670 the state; 5671 5672 (E) Ensure that chemicals and other contaminants handled on-site, 5673 are not disposed of in any manure, litter, process wastewater, or storm water storage or treatment 5674 system unless specifically designed to treat such chemicals and other contaminants; 5675 5676 (F) Identify appropriate site specific conservation practices to be 5677 implemented, including as appropriate buffers or equivalent practices, to control runoff of 5678 pollutants to surface waters of the state; 5679 5680 (G) Identify protocols for appropriate testing of manure, litter, 5681 process wastewater and soil; 5682 5683 (H) Establish protocols to land apply manure, litter or process 5684 wastewater in accordance with site specific nutrient management practices that ensure appropriate 5685 agricultural utilization of the nutrients in the manure, litter or process wastewater; and 5686 5687 (I) Identify specific records that will be maintained to document the 5688 implementation and management of the minimum elements described in Appendix G (i) (ii) (A 5689 through H). 5690 5691 (iii) Record keeping requirements. 5692 5693 (A) The permittee must create, maintain for five (5) years, and make 5694 available to the director, upon request, the following records: 5695 5696 (I) All applicable records identified pursuant to Appendix G 5697 (i) (i) (I) of these regulations. 5698 5699 (II) All CAFOs subject to these regulations must comply 5700 with the record keeping requirements of Appendix G (i) (iii) (B) and (C). 5701 5702 (B) Record keeping requirements for the production area. Each 5703 CAFO must maintain on-site for a period of five (5) years from the date they are created a 5704 complete copy of the information required by Appendix G (d) (iii) and Appendix G (i) (ii) (I) and 5705 the records specified in Appendix G (i) (iii) (I) through (VI) of these regulations. The CAFO 5706 must make these records available to the director and or his designee upon request. 5707
5708 (I) Records documenting the inspections required under 5709 Appendix G (m) (ii) (C) (I) of these regulations. 5710 5711 (II) Weekly records of the depth of the manure and process 5712 wastewater in the liquid impoundment as indicated by the depth marker under Appendix G (m) 5713 (ii) (C) (II) of these regulations. 5714 5715 (III) Records documenting any actions taken to correct 5716 deficiencies required under Appendix G (m) (ii) (C) (III) of these regulations. Deficiencies not 5717 corrected within 30 days must be accompanied by an explanation of the factors preventing 5718 immediate correction. 5719 5720 (IV) Records of mortalities management and practices used 5721 by the CAFO to meet the requirements of Appendix G (m) (ii) (C) (IV) of these regulations. 5722 5723 (V) Records documenting the current design of any manure 5724 or litter storage structures, including volume for solids accumulation design treatment volume, 5725 total design volume, and approximate number of days of storage capacity. 5726 5727 (VI) Records of the date, time, and estimated volume of any 5728 overflow. 5729 5730 (C) Record keeping requirements of the land application area. Each 5731 CAFO must maintain on-site a copy of its site-specific nutrient management plan. Each CAFO 5732 must maintain on-site for a period of five (5) years from the date they created a complete copy of 5733 the information required by Appendix G (j) (ii), Appendix G (i) (i) and (ii), and the records 5734 specified in Appendix G (i) (iii) (C) (I through IX) of these regulations. The CAFO must make 5735 these records available to the director or his designee, for review upon request. 5736 5737 (I) The date(s) manure, litter, or process waste water is 5738 applied to each field; 5739 5740 (II) Weather conditions at time of application and for 24- 5741 hours prior to and following application; 5742 5743 (III) Test methods used to sample and analyze manure, litter, 5744 process waste water, and soil; 5745 5746 (IV) Results from manure, litter, process waste water, and 5747 soil sampling; 5748 5749 (V) Explanation of the basis for determining manure 5750 application rates; 5751 5752 (VI) Calculations showing the total nitrogen and phosphorus 5753 to be applied to each field, including sources other than manure, litter, or process wastewater;
5754 5755 5756 5757 5758 5759 5760 5761 5762 5763 5764 5765 5766 5767 5768 5769 5770 5771 5772 5773 5774 5775 5776 5777 5778 5779 5780 5781 5782 5783 5784 5785 5786 5787 5788 5789 5790 5791 5792 5793 5794 5795 5796 5797 5798 5799
(VII) Total amount of nitrogen and phosphorus actually applied to each field, including documentation of calculations for the total amount applied;
(VIII) The method used to apply the manure, litter, or process wastewater;
(IX) Date(s) of manure application equipment inspection.
(D) A copy of the CAFO=s site-specific nutrient management plan must be maintained on site and made available to the director upon request.
(iv) Requirements relating to transfer of manure or process wastewater to other persons. Prior to transferring manure, litter or process wastewater to other persons. Large CAFOs must provide the recipient of the manure, litter or process wastewater with the most current nutrient analysis. The analysis provided must be consistent with requirements of this appendix. Large CAFOs must retain for five (5) years records of the date, recipient name and address, and approximate amount of manure, litter or process wastewater transferred to another person.
(v) Annual reporting requirements for CAFOs. The permittee must submit an annual report to the administrator. The annual report must include:
(A) The number and type of animals, whether in open confinement or housed under roof (buffalo, beef cattle, broilers, layers, swine weighing 55 pounds or more, swine weighing less than 55 pounds, mature dairy cows, dairy heifers, veal calves, sheep and lambs, horses, ducks, turkeys, other);
(B) Estimated amount of total manure, litter and process wastewater generated by the CAFO in the previous 12 months (tons/gallons);
(C) Estimated amount of total manure, litter and process waste water transferred to other person(s) by the CAFO in the previous 12 months (ton/gallons);
(D) Total number of acres for land application covered by the nutrient management plan developed in accordance with Appendix G (i) (i) of these regulations;
(E) Total number of acres under control of the CAFO that were used for land application of manure, litter, and process wastewater in the previous 12 months;
(F) Summary of all manure, litter and process wastewater discharges from the production area that have occurred in the previous 12 months, including date, time, and approximate volume; and
5800 (G) A statement indicating whether the current version of the 5801 CAFO=s nutrient management plan was developed or approved by a certified nutrient 5802 management planner.
5803 5804 (j) This paragraph applies to manure, litter, and/or process wastewater discharges 5805 resulting from CAFOs.
5806 5807 (i) General pretreatment standards. Any source subject to Appendix G (j) 5808 that introduces process wastewater pollutants into a publicly owned treatment works (POTW) 5809 must comply with the general pretreatment regulations of 40 CFR 403.
5810 5811 (ii) Best Management Practices (BMPs) for land application of manure, 5812 litter, and process wastewater.
5813 5814 (A) Appendix G (j) (ii) applies to any CAFO subject to Appendix G 5815 (m) of these regulations (buffalo, dairy and beef cattle other than veal calves) Appendix G (n) of 5816 these regulations (swine, poultry, and veal calves).
5817 5818 (B) Specialized definitions.
5819 5820 (I) “Setback” means a specified distance from surface 5821 waters of the state or potential conduits to surface water where manure, litter, and process 5822 wastewater may not be land applied. Examples of conduits to surface waters of the state include 5823 but are not limited to: open tile line intake structures, sinkholes, and agricultural well heads.
5824 5825 (II) “Vegetated buffer” means a narrow, permanent strip of 5826 dense perennial vegetation established parallel to the contours of and perpendicular to the 5827 dominant slope of the field for the purposes of slowing water runoff, enhancing water infiltration, 5828 and minimizing the risk of any potential nutrients or pollutants from leaving the field and 5829 reaching surface waters of the state.
5830 5831 (III) “Multi-year phosphorus application” means phosphorus 5832 applied to a field in excess of the crop needs for that year. In multi-year phosphorus applications, 5833 no additional manure, litter, or process wastewater is applied to the same land in subsequent years 5834 until the applied phosphorus has been removed from the field via harvest and crop removal.
5835 5836 (C) Requirement to develop and implement best management 5837 practices. Each CAFO subject to Appendix G (j) (ii) that land applies manure, litter, or process 5838 wastewater, must do so in accordance with the following practices:
5839 5840 (I) Nutrient management plan. The CAFO must develop 5841 and implement a nutrient management plan that incorporates the requirements of Appendix G (j) 5842 (ii) (C) (II) through (VI) of these regulations based on field-specific assessment of the potential 5843 for nitrogen and phosphorus transport from the field and that addresses the form, source, amount, 5844 timing, and method of application of nutrients on each field to achieve realistic production goals, 5845 while minimizing nitrogen and phosphorus movement to surface waters of the state.
5846 5847 5848 5849 5850 5851 5852 5853 5854 5855 5856 5857 5858 5859 5860 5861 5862 5863 5864 5865 5866 5867 5868 5869 5870 5871 5872 5873 5874 5875 5876 5877 5878 5879 5880 5881 5882 5883 5884 5885 5886 5887 5888 5889 5890
(II) Determination of application rates. Application rates for manure, litter, and other process wastewater applied to land under the ownership or operation control of the CAFO must minimize phosphorus and nitrogen transport from the field to surface and groundwaters of the state in compliance with technical standards, established by the director, for nutrient management. These shall include:
(1.) A field-specific assessment of the potential for nitrogen and phosphorus transport from the field to surface waters of the state, and address the form, source, amount, timing, and method of application of nutrients of each field to achieve realistic production goals, while minimizing nitrogen and phosphorus movement to surface waters of the state; and
(2.) Appropriate flexibilities for any CAFO to implement nutrient management practices to comply with technical standards, including considerations of multi-year phosphorus application on fields that do not have a high potential for phosphorus runoff to surface water, phased implementation of phosphorus-based nutrient management, and other components.
(C) The director shall establish technical standards for nutrient management plans by April 12, 2004.
(III) Manure and soil sampling.
(1.) Manure must be analyzed for nitrogen and phosphorus content a minimum of once annually, and
(2.) The soil profile shall be analyzed a minimum of once every five (5) years for phosphorus content. The results of these analyses are to be used in determining application rates for manure, litter, and other process wastewater.
(IV) Inspect land application equipment for leaks. The operator must periodically inspect equipment used for land application of manure, litter, or process wastewater.
(V) Setback requirements. Unless the CAFO exercises one of the compliance alternatives provided for in Appendix G (j) (ii) (V) (i) or (j) (ii) (V) (ii) of these regulations, manure, litter, and process wastewater may not be applied closer than 100 feet to any down-gradient surface waters of the state, open tile line intake structures, sinkholes, agricultural well heads, or other conduits to surface waters of the state.
(1.) Vegetated buffer compliance alternative. As a compliance alternative, the CAFO may substitute the 100-foot setback with a 35 foot wide vegetated buffer where applications of manure, litter, or process wastewater are prohibited.
5891 (2.) As a compliance alternative, the CAFO may 5892 demonstrate that a setback or buffer is not necessary because implementation of alternative 5893 conservation practices or field-specific conditions will provide pollutant reductions equivalent or 5894 better than the reductions that would be achieved by the 100 foot setback.
5895 5896 (k) Effluent Limitations Applicable to Horses and Sheep.
5897 5898 (i) This paragraph applies to discharges resulting from the production areas 5899 at horse and sheep CAFOs.
5900 5901 (ii) Except as provided in Section 8 of these regulations and subject to the 5902 provisions of Appendix G (j) (ii) (C), any point source subject to this source must have no 5903 discharge of process waste water pollutants to surface waters of the state.
5904 5905 (iii) Process waste pollutants in the overflow may be discharged to surface 5906 waters of the state whenever rainfall events, either chronic or catastrophic, cause an overflow of 5907 process waste water from a facility designed, constructed and operated to contain all process 5908 generated waste waters plus the runoff from a 25-year, 24-hour rainfall event for the location of 5909 the point source.
5910 5911 (l) Effluent limitations applicable to ducks.
5912 5913 (i) This paragraph applies to discharges resulting from the production areas 5914 at dry lot and wet lot duck CAFOs.
5915 5916 (ii) Special definitions.
5917 5918 (A) “Dry lot” means a facility for growing ducks in confinement 5919 with a dry litter floor cover and no access to swimming areas.
5920 5921 (B) “Wet lot” means a confinement facility for raising ducks which 5922 is open to the environment, has a small number of sheltered areas, and with open water runs and 5923 swimming areas to which ducks have free access.
5924 5925 (iii) Except as provided in Section 8 of these regulations and subject to the 5926 provisions of Appendix G (j) (ii) (C), any point source subject to this source must have no 5927 discharge of process waste water pollutants to surface waters of the state.
5928 5929 (iv) Process waste pollutants in the overflow may be discharged to surface 5930 waters of the state whenever rainfall events, either chronic or catastrophic, cause an overflow of 5931 process waste water from a facility designed, constructed and operated to contain all process 5932 generated waste waters plus the runoff from a 25-year, 24-hour rainfall event for the location of 5933 the point source.
5934 5935 (m) Effluent limitations applicable to buffalo, dairy cows and cattle other than veal 5936 calves.
5937 5938 5939 5940 5941 5942 5943 5944 5945 5946 5947 5948 5949 5950 5951 5952 5953 5954 5955 5956 5957 5958 5959 5960 5961 5962 5963 5964 5965 5966 5967 5968 5969 5970 5971 5972 5973 5974 5975 5976 5977 5978 5979 5980 5981
(i) This paragraph applies to discharges resulting from the production areas at the following types of CAFOs:
(A) Mature dairy cows (either milking or dry).
(B) Cattle other than mature dairy cows which includes, but is not limited to heifers, steers, and bulls.
(C) Buffalo.
(ii) Except as provided in Section 8 of these regulations and subject to the provisions of Appendix G (j) (ii) (C), any point source subject to this source must meet the following limitations:
(A) There shall be no discharge of manure, litter, or process wastewater pollutants into surface waters of the state from the CAFO production area, except under the following conditions:
(I) Whenever precipitation causes an overflow of manure, litter, or process wastewater, pollutants in the overflow may be discharged to surface waters of the state provided:
(1.) The production area is designed, constructed, operated and maintained to contain all manure, litter, and process wastewater including the runoff and the direct precipitation from a 25-year, 24-hour rainfall event.
(2.) The production area is operated in accordance with the additional measures and records required by Appendix G (i) (iii) (B) and Appendix G (m) (ii) (C) of these regulations.
(II) Voluntary alternative performance standards. Any CAFO subject to Appendix G (m) of these regulations may request the administrator to establish WYPDES permit effluent limitations based upon site-specific alternative technologies that achieve a quantity of pollutants discharged from the production area equal to or less than the quantity of pollutants that would be discharged under the baseline performance standards as provided by Appendix G (m) (ii) (A) of these regulations.
(1.) Supporting information. In requesting site-specific effluent limitations to be included in the WYPDES permit, the CAFO owner or operator must submit a supporting technical analysis and any other relevant information and data that would support such site-specific effluent limitations within the time frame provided by the director. The supporting technical analysis must include calculation of the quantity of pollutants discharged, on a mass basis where appropriate, based on a site specific analysis of a system designed, constructed, operated, and maintained to contain all manure, litter, and process
5982 wastewater, including the runoff from a 25-year, 24-hour rainfall event. The technical analysis of 5983 the discharge of pollutants must include:
5984 5985 (a.) All daily inputs to the storage system, 5986 including manure, litter, all process waste waters, direct precipitation, and runoff.
5987 5988 (b.) All daily outputs from the storage 5989 system, including losses due to evaporation, sludge removal, and the removal of waste water for 5990 use on cropland at the CAFO or transport off site.
5991 5992 (c.) A calculation determining the predicted 5993 median annual overflow volume based on a 25-year period of actual rainfall data applicable to the 5994 site.
5995 5996 (d.) Site-specific pollutant data, including N, 5997 P, BOD5, TSS, for the CAFO from representative sampling and analysis of all sources of input to 5998 the storage system, or other appropriate pollutant data.
5999 6000 (e.) Predicted annual average discharge of 6001 pollutants, expressed where appropriate as a mass discharge on a daily basis (lbs/day), and 6002 calculated considering (A through D above).
6003 6004 (2.) The administrator has the discretion to request 6005 additional information to supplement the supporting technical analysis, including inspection of 6006 the CAFO.
6007 6008 (III) The CAFO shall attain the limitations and requirements of this 6009 paragraph as of the date of permit coverage.
6010 6011 (B) Discharges from land application areas are subject to the 6012 following requirements:
6013 6014 (I) Develop and implement the best management 6015 practices specified in Appendix G (j) (ii) of these regulations.
6016 6017 (II) Maintain the records specified in Appendix G (i) 6018 (iii) (C) of these regulations.
6019 6020 (III) Attain the limitations and requirements for 6021 discharges form land application areas as of the date of permit coverage.
6022 6023 (C) Additional measures. Each CAFO subject Appendix G 6024 (m) of these regulations must implement the following requirements:
6025
6026 (I) Visual Inspections. There must be routine visual 6027 inspections of the CAFO production area. At a minimum, the following must be visually 6028 inspected:
6029 6030 (1.) Weekly inspections of all storm water 6031 diversion devices, runoff diversion structures, and devices channeling contaminated storm water 6032 to the wastewater and manure storage and containment structure;
6033 6034 (2.) Daily inspection of water lines, 6035 including drinking water or cooling water lines and documented weekly at a minimum, for the 6036 purpose of identifying leaks, corrosion, mechanical defects or other conditions that may result in 6037 an inadvertent discharge from the facility;
6038 6039 (3.) Weekly inspections of the manure, litter, 6040 and process wastewater impoundments; the inspection will note the level in liquid impoundments 6041 as indicated by the depth marker in paragraph (E) (II) of this appendix; and
6042 6043 (4.) The visual inspection requirements may 6044 be waived if insurmountable or dangerous weather conditions exist and the weather conditions 6045 justifying the waiver are documented.
6046 6047 (II) Depth marker. All open surface liquid 6048 impoundments must have a depth marker which clearly indicates the minimum capacity 6049 necessary to contain the runoff and direct precipitation of the 25-year, 24-hour rainfall event.
6050 6051 (III) Corrective actions. Any deficiencies found as a 6052 result of these inspections must be corrected as soon as possible.
6053 6054 (IV) Mortality handling. Mortalities must not be 6055 disposed of in any liquid manure or process wastewater system, and must be handled in such a 6056 way as to prevent the discharge of pollutants to surface water, unless alternative technologies 6057 pursuant to Appendix G (m) (ii) (II) and approved by the director are designed to handle 6058 mortalities.
6059 6060 (n) Effluent limitations applicable to swine, poultry, and veal calves.
6061 6062 (i) This paragraph applies to discharges resulting from the production areas 6063 at the following types of CAFOs:
6064 6065 (A) Swine, 6066 6067 (B) Chickens, 6068 6069 (C) Turkeys, and 6070 6071 (D) Veal calves.
6072 6073 6074 6075 6076 6077 6078 6079 6080 6081 6082 6083 6084 6085 6086 6087 6088 6089 6090 6091 6092 6093 6094 6095 6096 6097 6098 6099 6100 6101 6102 6103 6104 6105 6106 6107 6108 6109 6110 6111 6112 6113 6114 6115 6116 6117
(ii) Except as provided in Section 8 of these regulations, any point source subject to this source must meet the following limitations.
(iii) There shall be no discharge of manure, litter, or process wastewater pollutants into surface waters of the state from the CAFO production area, except under the following conditions.
(A) Waste management and storage facilities are designed, constructed, operated, and maintained to contain all manure, litter, and process wastewater including the runoff and the direct precipitation from a 100-year, 24-hour rainfall event and operated in accordance with the additional measures and records required by Appendix G (i) (iii) (B) and Appendix G (n) (vi) (A) of these regulations.
(B) The production area is operated in accordance with additional measures required by Appendix G (i) (iii) (B) and Appendix G (n) (vi) of these regulations.
(C) The discharge is an upset/bypass consistent with the provisions for upset/bypass, as provided in Section 5 (c) (i) (Z) and (AA) of these regulations.
(iv) Discharges from land application areas are subject to the following requirements.
(A) Develop and implement the best management practices specified in Appendix G (j) (ii) of these regulations.
(B) Maintain the records specified in Appendix G (i) (iii) (C) of these regulations.
(C) Attain the limitations and requirements for discharges from land application areas as of the date of permit coverage.
(v) Voluntary superior environmental performance standards. Any new source CAFO subject to Appendix (G) (n) may request the director to establish alternative WYPDES permit limitations based upon a demonstration that site-specific innovative technologies will achieve overall environmental performance across all media which is equal to or superior to the reductions achieved by baseline standards as provided by Appendix G (n) (iii). The quantity of pollutants discharged from the production area must be accompanied by an equivalent or greater reduction in the quantity of pollutants released to other media from the production area (e.g., air emissions from housing and storage) and/or land application areas for all manure, litter, and process wastewater at on-site and off-site locations. The comparison of quantity of pollutants must be made on a mass basis where appropriate. The director has the discretion to request supporting information to supplement such a request.
(vi) Additional measures. Each CAFO subject to Appendix G (n) of these regulations must implement the following requirements:
6118 6119 6120 6121 6122 6123 6124 6125 6126 6127 6128 6129 6130 6131 6132 6133 6134 6135 6136 6137 6138 6139 6140 6141 6142 6143 6144 6145
(A) Visual inspections. There must be routine visual inspections of the CAFO production area. At a minimum, the following must be visually inspected:
(I) Weekly inspections of all storm water diversion devices, runoff diversion structures, and devices channeling contaminated storm water to the wastewater and manure storage and containment structure;
(II) Daily inspection of water lines, including drinking water or cooling water lines;
(III) Weekly inspections of the manure, litter, and process wastewater impoundments; the inspection will note the level in liquid impoundments as indicated by the depth marker in paragraph (E) (II) of this appendix.
(B) Depth marker. All open surface liquid impoundments must have a depth marker which clearly indicates the minimum capacity necessary to contain the runoff and direct precipitation of the 100-year, 24-hour rainfall event.
(C) Corrective actions. Any deficiencies found as a result of these inspections must be corrected as soon as possible.
(D) Mortality handling. Mortalities must not be disposed of in any liquid manure or process wastewater system, and must be handled in such a way as to prevent the discharge of pollutants to surface water, unless alternative technologies pursuant to Appendix G (n) (v) and approved by the director are designed to handle mortalities.
6147 Oil and Gas Production Facilities
6148 6149 (a) Application requirements specific to all produced water discharges from oil and 6150 gas production facilities must provide the following information in addition to that described in 6151 Section 5 (a) (v), to the administrator, using the application form provided by the administrator.
6152 6153 (i) The produced water discharged into surface waters of the state shall have 6154 use in agriculture or wildlife propagation. The produced water shall be of good enough quality to 6155 be used for wildlife or livestock watering or other agricultural uses and actually be put to such use 6156 during periods of discharge.
6157 6158 (b) Permits for all produced water discharges from oil and gas production facilities 6159 shall include the following conditions and limitations:
6160 6161 (i) In no case shall any produced water discharge contain toxic materials in 6162 concentrations or combinations which are toxic to human, animal or aquatic life.
6163 6164 (ii) Diffuse discharges. Water shall not be discharged in a diffuse manner 6165 such that damage to land and/or vegetation occurs.
6166 6167 (iii) Facility identification. All facilities authorized to discharge produced 6168 water shall be clearly identified with an all-weather sign posted at a visually prominent location. 6169 The sign shall be securely mounted and maintained to prevent the sign from being knocked down 6170 by livestock or wind. In the case where multiple outfalls are permitted or authorized, a sign shall 6171 be posted to identify each outfall. Signs shall, as a minimum, convey the following information:
6172 6173 (A) The name of the company, corporation, person or persons who 6174 hold(s) the discharge permit;
6175 6176 (B) The name of the facility (lease, tank battery number, etc.) as 6177 identified by the discharge permit; and
6178 6179 (C) The WYPDES permit number assigned to the facility and outfall 6180 identification number assigned to each outfall.
6181 6182 (iv) Measures must be implemented to minimize erosion of the drainage at 6183 the point of discharge.
6184 6185 (v) Discharges of produced water will not contain substances that will settle 6186 to form sludge, bank or bottom deposits in quantities sufficient to result in significant aesthetic 6187 degradation, significant degradation of habitat for aquatic life or adversely affect public water 6188 supplies, agricultural or industrial water use, plant life or wildlife.
6189
6190 (vi) Discharges of produced water may not result in the formation of a visible 6191 hydrocarbon sheen on the receiving water.
6192 6193 (vii) The following effluent limitations are protective for stock and wildlife 6194 consumption. Limitations on additional parameters or limitations more stringent will be imposed 6195 when such limitations are necessary to assure compliance with Wyoming Water Quality Rules 6196 and Regulations, Chapter 1.
6197 6198 (A) Chlorides. The chloride content of any produced water 6199 discharge shall not exceed 2,000 mg/l in any single properly preserved grab sample except in 6200 those cases where a modification is granted in accordance with paragraph (c) of this appendix.
6201 6202 (B) Sulfates. The sulfate content of any produced water discharge 6203 shall not exceed 3,000 mg/l in any single properly preserved grab sample except in those cases 6204 where a modification is granted in accordance with paragraph (c) of this appendix.
6205 6206 (C) Total dissolved solids and specific conductance. The total 6207 dissolved solids content of any produced water discharge shall not exceed 5,000 mg/l for total 6208 dissolved solids or 7500 µmhos/cm for specific conductance in any single properly preserved 6209 grab sample except in those cases where a modification has been granted in accordance with 6210 paragraph (c) of this appendix.
6211 6212 (D) pH. In no case shall the pH of any produced water discharge be 6213 less than 6.5 or greater than 9.0 standard units as measured by a single grab sample.
6214 6215 (viii) Samples collected to demonstrate compliance with effluent limitations 6216 specified in this appendix shall be collected as grab samples and reported as an instantaneous 6217 maximum, unless otherwise specified.
6218 6219 (Ix) There shall be no discharge of waste pollutants into surface waters of the 6220 state from any source (other than produced water) associated with production, field exploration, 6221 drilling, well completion, or well treatment (i.e., drilling muds, drill cuttings, and produced 6222 sands). These materials shall be managed in accordance with applicable state and federal 6223 regulations.
6224 6225 (x) All water quality samples collected by the Department and discharge 6226 permit holders subject to this Appendix shall be taken from the free fall of water from the last 6227 treatment unit which is located out of the natural drainage. The sample must not be mixed with 6228 waters of any other surface water or with water from another discharge point.
6229 6230 (c) Additional Permit Conditions and Limitations Specific to Oil and Natural Gas 6231 (other than coal bed natural gas) Production Facilities.
6232 6233 (i) For existing permits where the original permit application was submitted 6234 prior to September 5, 1978, modification of the effluent limits described in paragraphs (b) (vii) of 6235 this appendix may be granted on a case-by-case basis if a signed "letter of beneficial use" from
6236 the land owner was provided specifically requesting that the discharge in question be allowed to 6237 continue; or a signed statement by the Wyoming Game and Fish Department was provided in 6238 which it was stated that the discharge in question is of value to fish or wildlife; or documentation 6239 was provided by the owner or operator of the discharging facility that, because of extenuating 6240 circumstances (volume of discharge, individual chemical constituents, nature of the area in which 6241 the discharge occurs, etc.), an exemption should be considered. The user must have indicated the 6242 exact beneficial use of the water (stock watering, irrigation, etc.) and the history of such use. No 6243 action taken by the department under this paragraph or any other paragraph of these regulations 6244 shall be interpreted as the granting of a water right or any other water use authority.
6245 6246 (ii) For discharge permit applications filed after the date of adoption of these 6247 regulations, modification of effluent limits described in paragraph (b) (vii) of this appendix may 6248 be granted on a case-by-case basis. The Water Quality Administrator shall review all requests for 6249 modification of effluent limits submitted under this section and make a determination based upon 6250 the technical merits of a Use Attainability Analysis. Such requests shall also provide a signed 6251 'letter of agricultural or wildlife use' by the land owner specifically requesting that the discharge 6252 will serve a specific agricultural or wildlife use.
6253 6254 (iii) In no case will a modification as described in paragraph (c) (i) or (c) (ii) 6255 of this appendix be permitted which would result in a violation of Wyoming Water Quality Rules 6256 and Regulations, Chapter 1.
6257 6258 (iv) Location of skim ponds and disposal pits. Location of skim ponds and 6259 disposal pits shall be managed in accordance with applicable state (e.g. Oil and Gas Conservation 6260 Commission) and federal (e.g. Bureau of Land Management) regulations.
6261 6262 (v) An effluent limitation of 10 mg/l for oil and grease as measured by EPA 6263 method 1664 or 10 mg/l for net oil and grease as measured by alternate test procedure method 6264 1664-Cu.
6266 (d) Additional Permit Conditions and Limitations Specific to Coal Bed Natural Gas
6268 6269 (i) Where discharge water is accessible to livestock and/or wildlife; meets 6270 the effluent limitations as specified in this appendix; and meets the criteria for the protection of 6271 livestock and wildlife as specified in Wyoming Water Quality Rules and Regulations Chapter 1, 6272 Wyoming Surface Water Quality Standards, the discharge will be considered in compliance with 6273 the requirements of Appendix H (a) (i) of these regulations.
6274 6275 (ii) For discharge permit applications filed after the date of adoption of these 6276 regulations, modification of effluent limits described in paragraph (b) (vii) of this appendix may 6277 be granted on a case by case basis. The Water Quality Administrator shall review all requests for 6278 modification of effluent limits submitted under this section and make a determination based upon 6279 the technical merits of a Use Attainability Analysis. Such requests shall also provide a signed 6280 'letter of agricultural or wildlife use' by the land owner specifically requesting that the discharge
6281 will serve a specific agricultural or wildlife use or a demonstration that the conditions of 6282 Appendix (H) (d) (i) have been met.
6283
6284 (iii) Location of disposal pits. Location of disposal pits shall be managed in 6285 accordance with applicable state (e.g. Oil and Gas Conservation Commission) and federal (e.g. 6286 Bureau of Land Management) regulations.
6287
6288 (iv) The permittee shall take all reasonable measures to prevent downstream 6289 erosion that would be attributable to the discharge of produced water.
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(a) General definitions applicable to Appendix J.
(i) “Abandoned mine” means a mine where mining operations have occurred in the past and:
(A) The applicable reclamation bond or financial assurance has been released or forfeited; or
(B) If no reclamation bond or other financial assurance has been posted, no mining operations have occurred for five years or more.
(ii) “Acid or ferruginous mine drainage” means mine drainage which, before any treatment, either has a pH of less than 6.0 or a total iron concentration equal to or greater than 10 mg/l.
(iii) “Active mining area” means the area, on and beneath land, used or disturbed in activity related to the extraction, removal, or recovery of coal from its natural deposits. This term excludes coal preparation plants, coal preparation plant associated areas and post-mining areas.
(iv) “Alkaline, mine drainage” means mine drainage which, before any treatment, either has a pH of greater than 6.0 or a total iron concentration less than 10 mg/l.
(v) “Bond release” means the time at which the appropriate regulatory authority returns a reclamation or performance bond based upon its determination that reclamation work (including, in the case of underground mines, mine sealing, and abandonment procedures) has been satisfactorily completed.
(vi) “Coal preparation plant” means a facility where coal is subjected to cleaning, concentrating, or other processing or preparation in order to separate coal from its impurities and then is loaded for transit to a consuming facility.
(vii) “Coal preparation plant associated areas” means the coal preparation plant yards, immediate access roads, coal refuse piles, and coal storage piles and facilities.
(viii) “Coal preparation plant water circuit” means all pipes, channels, basins, tanks, and all other structures and equipment that convey, contain, treat, or process any water that is used in coal preparation processes within a coal preparation plant.
(ix) “Coal refuse disposal pile” means any coal refuse deposited on the earth and intended as permanent disposal or long-term storage (greater than 180 days) of such material,
6373 but does not include coal refuse deposited within the active mining area or coal refuse never 6374 removed from the active mining area.
6375 6376 (x) “Controlled surface mine drainage” means any surface mine drainage 6377 that is pumped or siphoned from the active mining area.
6378 6379 (xi) “Mine drainage” means any drainage, and any water pumped or 6380 siphoned, from any active mining area or a post mining area.
6381 6382 (xii) “ml/l” means milliliters per liter.
6383 6384 (xiii) “New source coal mine” means a coal mine (excluding coal preparation 6385 plants and coal preparation plant associated areas) including an abandoned mine which is being 6386 reminded:
6387 6388 (A) The construction of which is commenced after May 4, 1984; or
6389 6390 (B) Which is determined by the administrator to constitute a “major 6391 alteration.” In making this determination, the administrator shall take into account whether one 6392 or more of the following events resulting in a new, altered or increased discharge of pollutants 6393 has occurred after May 4, 1984 in connection with the mine for which the WYPDES permit is 6394 being considered:
6395 6396 (I) Extraction of a coal seam not previously extracted at the 6397 mine;
6398 6399 (II) Discharge into a drainage area not previously affected by 6400 wastewater discharge from the mine;
6401 6402 (III) Extensive new surface disruption at the mining 6403 operation;
6404 6405 (IV) A construction of a new shaft, lope, or drift; and
6406 6407 (V) Such other factors as the administrator deems relevant.
6408 6409 (xiv) “One year, 2-year, and 10-year, 24-hour precipitation events” means the 6410 maximum 24-hour precipitation event with a probable recurrence interval of once in one (1), two 6411 (2), and ten (10) years respectively as defined by the National Weather Service Technical Paper 6412 No. 40, “Rainfall Frequency Atlas of the U.S.” May 1961, or equivalent regional or rainfall 6413 probability information developed therefrom.
6414 6415 (xv) “Post-mining area” means:
6416 6417 (A) A reclamation area; or 6418
6419 (B) The underground workings of an underground coal mine after 6420 the extraction, removal, or recovery of coal from its natural deposit has ceased and prior to bond 6421 release.
6422 6423 (xvi) “Reclamation area” means the surface area of a coal mine which has 6424 been returned to required contour and on which revegetation (specifically, seeding, or planting) 6425 work has commenced.
6426 6427 (xvii) “Settleable solids” is that matter measured by the volumetric method 6428 specified in Appendix J (f).
6429 6430 (xvii) “Treatment facility” and “treatment system” mean all structures which 6431 contain, convey, and as necessary, chemically or physically treat coal fine drainage, coal 6432 preparation plant process wastewater, or drainage from coal preparation plant associated areas, 6433 which remove pollutants regulated by this part from such waters. This includes all pipes, 6434 channels, ponds, basins, tanks, and all other equipment serving such structures.
6435 6436 (b) Application requirements specific to discharges from coal mines must provide 6437 the following information, in addition to that described in Section 5 (a) (v), and where applicable 6438 the information described in Appendix B, Appendix C, and/or Appendix D, to the administrator, 6439 using an application form provided by the administrator.
6440 6441 (i) Construction application requirements. A permit application, which may 6442 include an approved sedimentation structure control plan, in accordance with the provisions 6443 outlined in Wyoming Water Quality Rules and Regulations, Chapter 3, is required for the 6444 construction of any sedimentation ponds or runoff control facilities associated with surface coal 6445 mining operations. By agreement between the Land Quality Division and the Water Quality 6446 Division, this may take the form of one consolidated application for surface coal mining 6447 operations.
6448 6449 (ii) Minimum design standards for sedimentation control facilities. The 6450 minimum design standards for runoff control facilities of surface coal mining operations are set 6451 forth in this subparagraph. The department reserves the right to impose more stringent design 6452 requirements to ensure compliance with the effluent limitations contained in Section 5 (c) (iii) of 6453 these regulations.
6454 6455 (A) Scope. These standards pertain only to permits for surface coal 6456 mining sedimentation control facilities required pursuant to Wyoming Water Quality Rules and 6457 Regulations, Chapter 3.
6458 6459 (B) Sedimentation ponds and sedimentation control structures.
6460 6461 (I) Design.
6462
6463 (1.) Inlet ditches or structures shall be designed to 6464 minimize erosion, disturbance of the pond bottom, and resuspension of silts or colloidal soil 6465 particles.
6466 6467 (2.) Outlet structures, if used, shall have an overflow 6468 device, minimize short-circuiting, minimize floating solids from discharging and shall not erode 6469 or disturb the dike. All pipe protruding through a dike shall have adequate seepage control. The 6470 point of discharge into a channel shall be protected against erosion and erosion control devices 6471 shall be designed based on flow velocities.
6472 6473 (3.) The design, construction and maintenance of a 6474 sedimentation pond or other sediment control measures shall not relieve the person from 6475 compliance with applicable effluent limitations.
6476 6477 (4.) Computations showing the facility volume to 6478 include runoff from a 10-year 24-hour precipitation event shall be provided. The pond treatment 6479 or containment volume shall be in addition to sediment storage required by Land Quality Division 6480 regulations. A lesser design event may be approved by the administrator based on terrain, 6481 climate, other site-specific conditions and on a demonstration by the applicant that the effluent 6482 limitations of Section 5 (c) (iii) will be met. The design for the runoff control facilities shall 6483 contain all supportive documentation, calculations and drawings necessary to determine 6484 compliance with the effluent limitations of Section 5 (c) (iii) of these regulations.
6485 6486 (5.) Each person who conducts surface mining 6487 activities shall design, construct and maintain sedimentation ponds to minimize short-circuiting 6488 where the facility is not designed to contain the 10-year 24-hour precipitation runoff.
6489 6490 (II) Construction. This paragraph pertains only to 6491 impoundments not defined as major impoundments by the State Engineer's regulations. Below 6492 grade sedimentation ponds may be exempted provided site specific contours indicate a slope that 6493 will provide wall structure stability and minimize seepage.
6494 6495 (1.) Where pond bottoms and sidewalls are made of 6496 fill material, the soils used shall be relatively incompressible, have a low permeability, and be 6497 free from organic material and trash. The soil shall be compacted at a water content that will 6498 ensure structural stability, minimize hydraulic seepage, and minimize settling.
6499 6500 Fill material containing rocks larger than six (6) inches in the longest dimension shall not 6501 be placed within five (5) feet of the interior slope surface of any pond embankment. Material 6502 containing by volume less than 25 percent of rock larger than six (6) inches and less than 12 inch 6503 in the longest dimension may be placed in the remainder of the embankment.
6504 6505 (2.) Outer dike slopes shall not be steeper than one 6506 vertical to two (2) horizontal. Flatter slopes may be required to maintain slope stability. Inner 6507 dike slopes shall be sloped one vertical to three horizontal or flatter.
6508
6509 (3.) The minimum top dike width shall be sufficient 6510 to provide structural stability. 6511
6512 (4.) The application shall contain an evaluation of 6513 the need for riprap. This evaluation shall address site specific conditions such as surrounding 6514 topography, predominant wind directions, highest predicted peak wind velocity, calculation of 6515 predicted wave heights, data on windy months versus potential of water and water depths in the 6516 impoundment, impoundment life or any other relevant parameters. If necessary, riprap or other 6517 acceptable erosion control shall be installed on the inner dike slopes at all anticipated levels of 6518 water. Sedimentation control structures shall be exempted from requirements of this appendix. 6519
6520 (III) Dewatering. The storage resulting from inflow shall be 6521 removed by a nonclogging dewatering device or a spillway as soon as possible but not prior to the 6522 time that the discharge will comply with the effluent standards of these regulations. The 6523 application shall contain documentation that equipment or outlet structures are available for 6524 draining the pond. 6525
6526 (C) Discharge structures. Outfall structures and related equipment 6527 which is sufficient to meet the self-monitoring requirements of the WYPDES permit shall be 6528 properly installed, maintained, operated, and shall be removed when no longer required. 6529
6530 (c) Permit condition. Identification of outfalls. Point source discharges which 6531 consist of process wastewater or a combination of process wastewater and water from affected 6532 lands shall be identified as specific points of discharge in the discharge permit for each mine. 6533 Point source discharges which consist of water discharged from affected lands only may not be 6534 required to be identified as specific points of discharge in the discharge permit for each mine. 6535 Even if a discharge is not designated as a specific point of discharge, such discharges shall be 6536 required to meet the applicable self-monitoring and effluent requirements of the permit. 6537
6538 (d) Effluent limitations. 6539
6540 (i) The following types of mine discharges are subject to the effluent 6541 limitations of Appendix J (d) (ii): 6542
6543 (A) Coal preparation plants and coal preparation plant associated 6544 areas, as indicated, including discharges which are pumped, siphoned, or drained from the coal 6545 preparation plant water circuit and coal storage, refuse storage, and ancillary areas related to the 6546 cleaning or beneficiation of coal of any rank including, but not limited to, bituminous, lignite, and 6547 anthracite. 6548
6549 (B) Acid or ferruginous mine drainage from an active mining area 6550 resulting from the mining of coal of any rank including, but not limited to, bituminous, lignite, 6551 and anthracite. 6552
6553 (C) Alkaline mine drainage from an active mining area resulting 6554 from the mining of coal of any rank including, but not limited to, bituminous, lignite, and 6555 anthracite.
6556 6557 (D) Post-mining underground mine drainage from the underground 6558 workings of underground mines until Surface Mining Control and Reclamation Act (SMCRA) 6559 bond release.
6560 6561 (ii) All point source mine discharges, as described in Appendix J (d) (i), 6562 which enter or will directly affect surface waters of the state shall meet the following effluent 6563 limitations except during a precipitation event of any duration within any 24-hour period which 6564 results in a rainfall depth greater than the 10-year, 24-hour precipitation amount (or snowmelt of 6565 equivalent volume). During such precipitation events only the limitation on pH shall apply: 6566
| Effluent Characteristic | 30 Day Average | Daily Maximum | Instantaneous Maximum |
|---|---|---|---|
| Total Suspended Solids (mg/l) | 35 | 70 | 90 |
| Total Iron (mg/l) | 3.0 | 6.0 | 9.0 |
| Total Manganese* (mg/l) | 2.0 | 4.0 | 6.0 |
| pH (standard units) | N/A | N/A | 6.0 to 9.0 |
6567 *Applicable only when pH of the discharge, prior to any treatment, is less than 6.0 standard units.
6568 6569 (iii) Post-Mining Areas. The provisions of this paragraph are applicable to 6570 discharges from post mining areas, except as provided in Appendix J (h).
6571 6572 (A) Reclamation Areas. The following limitations apply to 6573 discharges from reclamation areas until the performance bond issued to the facility by the 6574 appropriate SMCRA authority has been released. The following limitations establish the 6575 concentration or quality of pollutants which may be discharged. 6576
| Pollutant or Pollutant Property | Limitations |
|---|---|
| Settleable Solids | 0.5 ml/l maximum not to be exceeded |
| pH | Within the range of 6.0 and 9.0 at all times |
6577 6578 (iv) Co-mingling of waste streams. Where waste streams from any facility 6579 covered by this appendix are combined for treatment or discharge with waste streams from 6580 another facility covered by this part, the concentration of each pollutant in the combined 6581 discharge may not exceed the most stringent limitations for that pollutant applicable to any 6582 component waste stream of the discharge. 6583
6584 (v) Alternate effluent limitation for pH. Where the application of 6585 neutralization and sedimentation treatment technology results in inability to comply with the 6586 otherwise applicable manganese limitations, the permit issuer may allow the pH level in the final 6587 effluent to exceed 9.0 to a small extent in order that the manganese limitations can be achieved,
6588 provided that the pH of the receiving surface water of the state does not exceed water quality 6589 standards of Wyoming Water Quality Rules and Regulations Chapter 1, Wyoming Surface Water 6590 Quality Standards.
6591 6592 (e) Effluent limitations for precipitation events.
6593 6594 (i) The alternate limitations specified in Appendix J (e) (ii) apply with 6595 respect to:
6596 6597 (A) All discharges of alkaline mine drainage except discharges from 6598 underground workings of underground mines that are not commingled with other discharges 6599 eligible for these alternate limitations;
6600 6601 (B) All discharges from steep slope areas, (as defined in Section 515 6602 (d) (4) of the SMCRA of 1977, as amended), and form mountaintop removal operations 6603 (conducted pursuant to Section 515 (c) of SMCRA);
6604 6605 (C) Discharges from coal preparation plants and preparation plant 6606 associated areas (excluding acid or ferruginous mine drainage from coal refuse disposal piles).
6607 6608 (ii) Any discharge or increase in the volume of a discharge caused by 6609 precipitation within any 24-hour period less than or equal to the 10-year, 24-hour precipitation 6610 event (or snowmelt of equivalent volume) may comply with the following limitations instead of 6611 the otherwise applicable limitations:
6612 6613 6614
| Pollutant or Pollutant Property | Limitations |
|---|---|
| Settleable Solids | 0.5 ml/l maximum not to be exceeded |
| pH | Within the range 6.0 to 9.0 at all times |
6615 6616 iii) The following alternate limitations apply with respect to acid or 6617 ferruginous drainage from coal refuse disposal piles: Any discharge or increase in the volume of a 6618 discharge caused by precipitation within any 24-hour period greater than the 1-year, 24-hour 6619 precipitation event, but less than or equal to the 10-year, 24-hour precipitation event (or snowmelt 6620 of equivalent volume) may comply with the following limitations instead of the otherwise 6621 applicable limitations:
6622
| Pollutant or Pollutant Property | Limitations |
|---|---|
| Settleable Solids | 0.5 ml/l maximum not to be exceeded |
| pH | Within the range 6.0 to 9.0 at all times |
6623 6624 (iv) The following alternate limitations apply with respect to acid or 6625 ferruginous mine drainage, except for discharges addressed in: Appendix J (e) (i) (B) 6626 (mountaintop removal and steep slope areas) and Appendix J (e) (vii) (discharges from 6627 underground workings of underground mines):
6628 6629 6630 6631 6632 6633
(A) Any discharge or increase in the volume of a discharge caused by precipitations within any 24-hour period or less or equal to the 2-year, 24-hour precipitation event (or snowmelt of equivalent volume) may comply with the following limitations instead of the otherwise applicable limitations:
| Pollutant or Pollutant Property | Limitations |
|---|---|
| Total Iron | 7.0 mg/l maximum for any one day |
| Settleable Solids | 0.5 ml/l maximum not to exceed |
| pH | Within the range 6.0 to 9.0 at all times |
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(B) Any discharge or increase in the volume of a discharge caused by precipitation within any 24-hour period greater than the 2-year, 24-hour precipitation event, but less than or equal to the 10-year, 24-hour precipitations event (or snowmelt of equivalent volume) may comply with the following limitations instead of the otherwise applicable limitations:
| Pollutant or Pollutant Property | Limitations |
|---|---|
| Settleable Solids | 0.5 ml/l maximum not to be exceeded |
| pH | Within the range 6.0 to 9.0 at all times |
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(v) Any discharge which occurs during a precipitation event of any duration within any 24-hour period which results in a rainfall depth greater than the 10- year, 24-hour precipitation amount (or snowmelt of equivalent volume) shall be required to meet an instantaneous maximum pH limitation of 6.0 - 9.0 only.
(vi) The operator shall have the burden of proof that the discharge or increase in discharge was caused by the applicable precipitation event described Appendix J (e) (ii), (iii), (iv) and (v).
(vii) Discharges of mine drainage from underground workings or underground mines which are not commingled with discharges eligible for alternate limitations set forth in Appendix J (e) shall in no event be eligible for the alternate limitations set forth in Appendix J (e).
(f) If effluent limitations more stringent than those given in paragraph (c) (i) or (ii) of this appendix are necessary to assure compliance with Wyoming Water Quality Rules and Regulations, Chapter 1, such limitations shall be established in accordance with Section 5 (c) (iii) (C).
(g) Procedure and method detection limit for measurement of settleable solids. For the purposes of this appendix, the following procedure shall be used to determine settleable solids: Fill an Imhoff cone to the one-liter mark with a thoroughly mixed sample. Allow to settle undisturbed for 45 minutes. Gently stir along the inside surface of the cone with a stirring rod. Allow to settle undisturbed for 15 minutes longer. Record the volume of settled material in the cone as milliliters per liter. Where a separation of settleable and floating materials occurs, do not
6667 include the floating material in the reading. Notwithstanding any provision of 40 CFR Part 136, 6668 the method detection limit for measuring settleable solids under this part shall be 0.4 ml/l.
6669
6670 (h) Western alkaline coal mining.
6671
6672 (i) Applicable to alkaline mine drainage at western coal mining operations 6673 from reclamation areas, brushing and grubbing areas, topsoil stockpiling areas, and regraded 6674 areas where the discharge, before any treatment, meets all of the following requirements:
6675
6676 (A) pH is equal to or greater than 6.0,
6677
6678 (B) Dissolved iron concentration is less than 10 mg/l, and
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6680 (C) Net alkalinity is greater than zero.
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6682 (ii) Special definitions.
6683
6684 (A) “Brushing and grubbing” area means the area where woody plant 6685 materials that would interfere with soil salvage operations have been removed or incorporated 6686 into the soil that is being salvaged.
6687
6688 (B) “Regraded area” means the surface area of a coal mine that has 6689 been returned to required contour.
6690
6691 (C) “Sediment” means undissolved organic and inorganic material 6692 transported or deposited by water.
6693
6694 (D) “Sediment yield” means the sum of the soil losses from a surface 6695 minus deposition in macro-topographic depressions, at the toe of the hillslope, along field 6696 boundaries, or in terraces and channels sculpted into the hillslope.
6697
6698 (E) “Topsoil stockpiling area” means the area outside the mined-out 6699 area where topsoil is temporarily stored for use in reclamation, including containment berms.
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6701 (F) “Western coal mining operation” means a surface or 6702 underground coal mining operation located in the interior western United States, west of the 6703 100th meridian, west longitude, in an arid or semiarid environment with an average annual 6704 precipitation of 26 inches or less.
6705
6706 (iii) The effluent limitations of Appendix J (h) (iv) apply until the appropriate 6707 SMCRA authority has authorized bond release.
6708
6709 (iv) Effluent limitations.
6710
6711 (A) The operator must submit a site specific sediment control plan to 6712 the permitting authority that is designed to prevent an increase in the average annual sediment
6713 yield from pre-mined, undisturbed conditions. The sediment control plan must be approved by 6714 the administrator and be incorporated into the permit as an effluent limitation. The sediment 6715 control plan must identify best management practices (BMPs) and also must describe design 6716 specifications, construction specifications, maintenance schedules, criteria for inspection, as well 6717 as expected performance and longevity of the best management practices.
6718 6719 (B) Using watershed models, the operator must demonstrate that 6720 implementation of the sediment control plan will result in average annual sediment yields that 6721 will not be greater than the sediment yield levels from pre-mined, undisturbed conditions. The 6722 operator must use the same watershed model that was, or will be, used to acquire the SMCRA 6723 permit.
6724 6725 (C) The operator must design, implement, and maintain BMPs in the 6726 manner specified in the sediment control plan.
6727 6728 (I) Coal remining. Applicable to pre-existing discharges that are located within or 6729 are hydrologically connected to pollution abatement areas of a coal mining operation.
6730 6731 (i) Specialized definitions.
6732 6733 (A) “Coal remining operation” means a coal mining operation at a 6734 site on which coal mining was previously conducted and where the site has been abandoned or 6735 the performance bond has been forfeited.
6736 6737 (B) “Pollution abatement area” means the part of the permit area that 6738 is causing or contributing to the baseline pollution load of pre-existing discharges. The pollution 6739 abatement area must include, to the extent practicable, areas adjacent to and nearby the remining 6740 operation that also must be affected to reduce the pollution load of the pre-existing discharges and 6741 may include the immediate location of the pre-existing discharges.
6742 6743 (C) “Pre-existing discharge” means any discharge resulting from 6744 mining activities that have been abandoned prior to the time of a remining permit application. 6745 The term shall include a pre-existing discharge that is relocated as a result of the implementation 6746 of BMPs contained in the Pollution Abatement Plan.
6747 6748 (D) “Steep slope” means any slope above 20 degrees or such lesser 6749 slope as may be defined by the administrator after consideration of soil, climate, and other 6750 characteristics of the State. The term does not apply to those situations in which an operator is 6751 mining on flat or gently rolling terrain, on which an occasional steep slope is encountered and 6752 through which the mining operation is to proceed, leaving a plain or predominantly flat area.
6753 6754 (E) “New source remining operation” means a remining operation at 6755 a coal mine where mining first commences after February 22, 2002 and subsequently becomes an 6756 abandoned mine.
6757
6758 (ii) A pre-existing discharge that is intercepted by active mining or that is 6759 commingled with waste streams from active mining areas for treatment is subject to the 6760 provisions of Appendix J (d) (iv) of these regulations only during the time when the pre-existing 6761 discharge is intercepted by active mining or is commingled with active mine wastewater for 6762 treatment or discharge. After commingling has ceased, the pre-existing discharge is subject to the 6763 provisions of Appendix J (i) of these regulations.
6764 6765 (iii) In situations where coal remining operations seek reissuance of an 6766 existing remining permit with BPJ limitations and the administrator determines that it is not 6767 feasible for a remining operator to re-establish baseline pollutant levels in accordance with the 6768 statistical procedures contained in 40 CFR Part 434 Appendix B pre-existing discharge 6769 limitations at existing remining operations shall remain subject to baseline pollutant levels 6770 established during the original permit application.
6771 6772 (iv) The effluent limitations of Appendix J (i) apply to pre-existing 6773 discharges until the appropriate SMCRA authority has authorized bond release.
6774 6775 (v) Effluent limitations applicable to coal remining.
6776 6777 (A) The operator must submit a site-specific pollution abatement 6778 plan to the administrator for the pollution abatement area. The plan must be approved by the 6779 administrator and incorporated into the permit as an effluent limitation. The Pollution Abatement 6780 Plan must identify characteristics of the pollution abatement area and the pre-existing discharges. 6781 The Pollution Abatement Plan must be designed to reduce pollution load from pre-existing 6782 discharges and must identify the selected BMPs to be used. The plan must describe the design 6783 specifications, construction specifications, maintenance schedules, criteria for monitoring and 6784 inspection, and expected performance of the BMPs. The BMPs must be implemented as 6785 specified in the plan.
6786 6787 (B) Except as provided in Appendix J (h) (v) (C) of these 6788 regulations, the following effluent limits shall apply to pre-existing discharges:
6789 6790 (I) Total iron may not exceed baseline loadings (as defined 6791 40 CFR Part 434 Appendix B).
6792 6793 (II) Total manganese may not exceed baseline loadings (as 6794 defined 40 CFR Part 434 Appendix B).
6795 6796 (III) Net acidity may not exceed baseline loadings (as defined 6797 40 CFR Part 434 Appendix B).
6798 6799 (IV) TSS, during remining and reclamation, may not exceed 6800 baseline loadings (as defined 40 CFR Part 434 Appendix B).
6801 6802 (V) Prior to bond release, the pre-existing discharge must 6803 meet the applicable standards for TSS or SS contained in Appendix J (d) (iii).
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(VI) A pre-existing discharge is exempt from meeting standards in Subpart E for TSS and SS when the administrator determines that Subpart E standards are infeasible or impractical based on the site-specific conditions of soil, climate, topography, steep slopes, or other baseline conditions provided that the operator demonstrates that significant reductions of TSS and SS will be achieved through the incorporation of sediment control BMPs into the Pollution Abatement Plan as required by Appendix J (i) (v) of these regulations.
(C) If the administrator determines that it is infeasible to collect samples for establishing the baseline pollutant levels pursuant to Appendix J (i) (v) (B) of these regulations and that remaining will result in significant improvement that would not otherwise occur, the numeric effluent limitations in Appendix J (i) (v) (B) of these regulations do not apply.
(D) Pre-existing discharges for which it is infeasible to collect samples for determination of baseline pollutant levels include, but are not limited to:
(I) Discharges that exist as a diffuse groundwater flow that cannot be assessed via sample collection;
(II) A base flow to a receiving surface water of the state that can not be monitored separate from the receiving surface waters of the state;
(III) A discharge on a steep or hazardous slope that is inaccessible for sample collection; or
(IV) A number of pre-existing discharges so extensive that monitoring of individual discharges is infeasible.
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6856 6857 (a) Purpose and scope.
6858 6859 (i) This appendix establishes the criteria and standards to be used in 6860 determining whether effluent limitations alternative to those required by promulgated EPA 6861 effluent limitations guidelines under sections 301 and 304 of the CWA (hereinafter referred to as 6862 'national limits') should be imposed on a discharger because factors relating to the discharger=s 6863 facilities, equipment, processes or other factors related to the discharger are fundamentally 6864 different from the factors considered by EPA in development of the national limits. This subpart 6865 applies to all national limitations promulgated under sections 301 and 304 of the CWA, except for 6866 the BPT limits contained in 40 CFR 423.12 (steam electric generating point source category).
6867 6868 (ii) In establishing national limits, EPA takes into account all the information 6869 it can collect, develop and solicit regarding the factors listed in section 304 (b) of the CWA. In 6870 some cases, however, data which could affect these national limits as they apply to a particular 6871 discharge may not be available or may not be considered during their development. As a result, it 6872 may be necessary on a case-by-case basis to adjust the national limits, and make them either more 6873 or less stringent as they apply to certain dischargers within an industrial category or subcategory. 6874 This will only be done if data specific to that discharger indicates it presents factors 6875 fundamentally different from those considered by EPA in developing the limit at issue. Any 6876 interested person believing that factors relating to a discharger=s facilities, equipment, processes 6877 or other facilities related to the discharger are fundamentally different from the factors considered 6878 during development of the national limits may request a fundamentally different factors variance 6879 under Section 8 of these regulations. In addition, such a variance may be proposed by the 6880 director in the draft permit.
6881 6882 (b) Criteria.
6883 6884 (i) A request for the establishment of effluent limitations under this 6885 appendix shall be forwarded to the Administrator of the EPA (or his delegate) with a written 6886 concurrence only if:
6887 6888 (A) There is an applicable national limit which is applied in the 6889 permit and specifically controls the pollutant for which alternative effluent limitations or 6890 standards have been requested; and
6891 6892 (B) Factors relating to the discharge controlled by the permit are 6893 fundamentally different from those considered by EPA in establishing the national limits; and
6894 6895 (C) The request for alternative effluent limitations or standards is 6896 made in accordance with the requirements of Section 8 of these regulations.
6897
6898 (ii) A request for the establishment of effluent limitations less stringent than 6899 those required by national limits guidelines shall be forwarded to the Administrator of the EPA 6900 (or his delegate) with a written concurrence only if:
6901 6902 (A) The alternative effluent limitation or standard requested is no 6903 less stringent than justified by the fundamental difference; and
6904 6905 (B) The alternative effluent limitation or standard will ensure 6906 compliance with Sections 208 (e) and 301 (b) (1) (C) of the CWA; and
6907 6908 (C) Compliance with the national limits (either by using the 6909 technologies upon which the national limits are based or by other control alternatives) would 6910 result in:
6911 6912 (I) A removal cost wholly out of proportion to the removal 6913 cost considered during development of the national limits; or
6914 6915 (II) A non-water quality environmental impact (including 6916 energy requirements) fundamentally more adverse than the impact considered during 6917 development of the national limits.
6918 6919 (iii) Factors which may be considered fundamentally different are:
6920 6921 (A) The nature of quality of pollutants contained in the raw waste 6922 load of the applicant=s process wastewater;
6923 6924 (B) The volume of the discharger=s process wastewater and effluent 6925 discharged;
6926 6927 (C) Non-water quality environmental impact of control and 6928 treatment of the discharger=s raw waste load;
6929 6930 (D) Energy requirements of the application of control and treatment 6931 technology;
6932 6933 (E) Age, size, land availability, and configuration as they relate to 6934 the discharger=s equipment or facilities, processes employed, process changes, and engineering 6935 aspects of the application of control technology;
6936 6937 (F) Cost of compliance with required control technology.
6938 6939 (iv) A variance request or portion of such a request under this section shall 6940 not be forwarded to the Administrator of the EPA (or his delegate) with a written concurrence on 6941 any of the following grounds:
6942
6943 (A) The infeasibility of installing the required waste treatment 6944 equipment within the time the CWA allows. 6945 6946 (B) The assertion that the national limits cannot be achieved with 6947 appropriate waste treatment facilities installed, if such assertion is not based on factor(s) listed in 6948 Appendix L (iv); 6949 6950 (C) The discharger's ability to pay for the required waste treatment; 6951 or 6952 6953 (D) The impact of a discharge on local receiving water quality. 6954 6955 (v) Nothing in this appendix shall be construed to impair the right of any 6956 locality under Section 510 of the CWA to impose more stringent limitations than those required 6957 by federal law. 6958 6959 (c) Method of application. 6960 6961 (i) A written request for a variance under this appendix shall be submitted in 6962 triplicate to the director in accordance with Section 8 of these regulations. 6963 6964 (ii) The burden is on the person requesting the variance to explain that: 6965 6966 (A) Factor(s) listed in Appendix L (b) (ii) of these regulations 6967 regarding the discharger's facility are fundamentally different from the factors EPA considered in 6968 establishing the national limits. The requester should refer to all relevant material and 6969 information, such as the published guideline regulations development document, all associated 6970 technical and economic data collected for use in developing each national limit, all records of 6971 legal proceedings, and all written and printed documentation including records of 6972 communication, etc., relevant to the regulations which are kept on public file by the EPA; 6973 6974 (B) The alternative limitations requested are justified by the 6975 fundamental difference alleged in Appendix L (c) (ii) (A) of these regulations; and 6976 6977 (C) The appropriate requirements of Appendix L (b) of these 6978 regulations have been met. 6979 6980 6981 6982 6983 6984 6985 6986 6987 6988 Intentionally left blank
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(a) With respect to any point source otherwise subject to the provisions of Section 301 or Section 306 of the CWA, whenever the owner or operator of any such source, after opportunity for public hearing can demonstrate to the satisfaction of the administrator that any effluent limitation proposed for the control of the thermal component of any discharge from such source will require effluent limitations more stringent than necessary to assure the protection and propagation of shellfish, fish and wildlife in and on the body of water into which the discharge is to be made, the administrator may impose an effluent limitation on such plant, with respect to the thermal component of such discharge (taking into account the interaction of such thermal component with other pollutants), that will assure the protection and propagation of a balanced indigenous population of shellfish, fish and wildlife in and on that body of water. This appendix describes the factors, criteria and standards for the establishment of alternative thermal effluent limitations.
(b) Definitions.
(i) “Alternative effluent limitations” means all effluent limitations or standards of performance for the control of the thermal component of any discharge which are established under this appendix.
(ii) “Representative important species” means species which are representative, in terms of their biological needs, of a balanced, indigenous community of shellfish, fish and wildlife in the body of water into which a discharge of heat is made.
(iii) The term “balanced, indigenous community” is synonymous with the term “balanced, indigenous population” in the CWA and means a biotic community typically characterized by diversity, the capacity to sustain itself through cyclic seasonal changes, presence of necessary food chain species and by a lack of domination by pollution tolerant species. Such a community may include historically non-native species introduced in connection with a program of wildlife management and species whose presence or abundance results from substantial, irreversible environmental modifications. Normally, however, such a community will not include species whose presence or abundance is attributable to the introduction of pollutants that will be eliminated by compliance by all sources with section 301 (b) (2) of the CWA; and may not include species whose presence or abundance is attributable to alternative effluent limitations imposed pursuant to this appendix.
(c) Early screening of applications.
(i) Any initial application for an alternative effluent limitation under this appendix shall include the following early screening information:
(A) A description of the alternative effluent limitation requested;
7034 (B) A general description of the method by which the applicant 7035 proposes to demonstrate that the otherwise applicable thermal discharge effluent limitations are 7036 more stringent than necessary;
7037 7038 (C) A general description of the type of data, studies, experiments 7039 and other information which the applicant intends to submit for the demonstration; and
7040 7041 (D) Such data and information as may be available to assist the 7042 administrator in selecting the appropriate representative important species.
7043 7044 (ii) After submitting the early screening information under Appendix M (c), 7045 the applicant shall consult with the administrator at the earliest practicable time (but not later than 7046 30 days after the application is filed) to discuss the applicant's early screening information. 7047 Within 60 days after the application is filed, the applicant shall submit for the administrator's 7048 approval a detailed plan of study which the applicant will undertake to support its demonstration 7049 under this appendix. The applicant shall specify the nature and extent of the following type of 7050 information to be included in the plan of study: biological, hydrographical and meteorological 7051 data; physical monitoring data; engineering or diffusion models; laboratory studies; representative 7052 important species; and other relevant information. In selecting representative important species, 7053 special consideration shall be given to species mentioned in applicable water quality standards. 7054 After the applicant submits its detailed plan of study, the administrator shall either approve the 7055 plan or specify any necessary revisions to the plan. The applicant shall provide any additional 7056 information or studies which the administrator subsequently determines necessary to support the 7057 demonstration, including such studies or inspections as may be necessary to select representative 7058 important species. The applicant may provide any additional information or studies which the 7059 applicant feels are appropriate to support the demonstration.
7060 7061 (iii) Any application for the renewal of an alternative effluent limitation 7062 under this appendix shall include only such information described in Appendix M (c) (i) and (ii) 7063 as the administrator requests within 60 days after receipt of the permit application.
7064 7065 (iv) The administrator shall promptly notify the Regional Administrator of 7066 the EPA and any affected state of the filing of the request and shall consider any timely 7067 recommendations they submit.
7068 7069 (v) In making the demonstration, the applicant shall consider any 7070 information or guidance published by EPA to assist in making such demonstrations.
7071 7072 (vi) If an applicant desires a ruling on an application under this appendix, 7073 before the ruling on any other necessary permit terms and conditions, the applicant shall so 7074 request upon filing its application under Appendix M (c) (i). This request shall be granted or 7075 denied at the discretion of the administrator.
7076 7077 (d) Criteria and standards for the determination of alternative effluent limitations 7078 under this appendix.
7079
7080 (i) Thermal discharge effluent limitations or standards established in permits 7081 may be less stringent than those required by applicable standards and limitations if the applicant 7082 demonstrates to the satisfaction of the administrator that such effluent limitations are more 7083 stringent than necessary to assure the protection and propagation of a balanced, indigenous 7084 community of shellfish, fish and wildlife in and on the body of water into which the discharge is 7085 made. This demonstration must show that the alternative effluent limitation desired by the 7086 applicant, considering the cumulative impact of its thermal discharge together with all other 7087 significant impacts on the species affected, will assure the protection and propagation of a 7088 balanced indigenous community of shellfish, fish and wildlife in and on the body of water into 7089 which the discharge is to be made.
7090 7091 (ii) In determining whether or not the protection and propagation of the 7092 affected species will be assured, the administrator may consider any information contained or 7093 referenced in any applicable thermal water quality criteria and thermal water quality information 7094 published by the Administrator of the EPA under Section 304 (a) of the CWA, or any other 7095 information the administrator deems relevant.
7096 7097 (iii) Demonstration upon the absence of prior appreciable harm.
7098 7099 (A) Existing permittees may base their demonstration upon the 7100 absence of prior appreciable harm in lieu of predictive studies. Any such demonstrations shall 7101 show:
7102 7103 (I) That no appreciable harm has resulted from the normal 7104 component of the discharge, taking into account the interaction of such thermal component with 7105 other pollutants and the additive effect of other thermal sources to a balanced, indigenous 7106 community of shellfish, fish and wildlife in and on the body of water into which the discharge has 7107 been made; or
7108 7109 (II) That despite the occurrence of such previous harm, the 7110 desired alternative effluent limitations (or appropriate modifications thereof) will nevertheless 7111 assure the protection and propagation of a balanced, indigenous community of shellfish, fish and 7112 wildlife in and on the body of water into which the discharge is made.
7113 7114 (iv) In determining whether or not prior appreciable harm has occurred, the 7115 administrator shall consider the length of time in which the applicant has been discharging and 7116 the nature of the discharge.
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(a) Scope and purpose.
(i) The provisions of this appendix apply to owners or operators of specified facilities discharging into surface waters of the state.
(ii) The effluent standards or prohibitions for toxic pollutants established in this appendix shall be applicable to the sources and pollutants hereinafter set forth, and may be incorporated in any WYPDES permit, modification or renewal thereof, in accordance with the provisions of this appendix.
(iii) The provisions of these regulations shall apply to any WYPDES permit proceedings for any point source discharge containing any toxic pollutant for which a standard or prohibition is established under this appendix.
(b) Definitions. All terms not defined herein shall have the meaning given them in the CWA or in Section 3 of these regulations. As used in this appendix, the term:
(i) “Effluent standard” means any restriction established by the administrator on quantities, rates, and concentrations of chemical, physical, biological, and other concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into surface waters of the state but does not include a schedule of compliance.
(ii) “Prohibited” means that the constituent shall be absent in any discharge subject to these standards, as determined by any analytical method.
(iii) “Working day” means the hours during a calendar day in which a facility discharges effluents subject to this part.
(iv) “Ambient water criterion” means that concentration of a toxic pollutant in a surface water of the state that, based upon available data, will not result in adverse impact on important aquatic life, or on consumers of such aquatic life, after exposure of that aquatic life for periods of time exceeding 96 hours and continuing at least through one reproductive cycle; and will not result in a significant risk of adverse health effects in a large human population based on available information such as mammalian laboratory toxicity data, epidemiological studies of human occupational exposures, or human exposure data, or any other relevant data.
(v) “New source” means any source discharging a toxic pollutant, the construction of which is commenced after proposal of an effluent standard or prohibition applicable to such source if such effluent standard or prohibition is thereafter promulgated in accordance with Section 307 of the CWA.
7170 (vi) “Existing source” means any source which is not a new source as defined 7171 in Appendix N (b) (v).
7172 7173 (vii) “Source” means any building, structure, facility, or installation from 7174 which there is or may be the discharge of toxic pollutants designated as such by the administrator.
7175 7176 (viii) “Owner or operator” means any person who owns, leases, operates, 7177 controls, or supervises a source as defined in Appendix N (b) (vii).
7178 7179 (ix) “Construction” means any placement, assembly, or installation of 7180 facilities or equipment (including contractual obligations to purchase such facilities or equipment) 7181 at the premises where such equipment will be used, including preparation work at such premises.
7182 7183 (x) “Manufacturer” means any establishment engaged in the mechanical or 7184 chemical transformation of materials or substances into new products, including but not limited 7185 to, the blending of materials such as pesticidal products, resins, or liquors.
7186 7187 (xi) “Process wastes” means any designated toxic pollutant, whether in 7188 wastewater or otherwise present, which is inherent to or unavoidably resulting from any 7189 manufacturing process, including that which comes into direct contact with or results from the 7190 production or use of any raw material, intermediate product, finished product, by product or 7191 waste product and is discharged into surface waters of the state.
7192 7193 (xii) “Air emissions” means the release or discharge of a toxic pollutant by an 7194 owner or operator into the ambient air either 1) by means of a stack or 2) as a fugitive dust, mist 7195 or vapor as a result inherent to the manufacturing or formulating process.
7196 7197 (xiii) “Fugitive dust, mist or vapor” means dust, mist or vapor containing a 7198 toxic pollutant regulated under this part which is emitted from any source other than through a 7199 stack.
7200 7201 (xiv) “Stack” means any chimney, flue, conduit, or duct arranged to conduct 7202 emissions to the ambient air.
7203 7204 (xv) “Ten year 24-hour rainfall event” means the maximum precipitation 7205 event with a probable recurrence interval of once in ten (10) years as defined by the National 7206 Weather Service in Technical Paper No. 40, Rainfall Frequency Atlas of the United States, May 7207 1961, and subsequent amendments or equivalent regional or state rainfall probability information 7208 developed therefrom.
7209 7210 (c) Abbreviations. The abbreviations used in this part represent the following terms:
7211 7212 (i) lb=pound (or pounds)
7213 7214 (ii) g=gram 7215
7216 7217 7218 7219 7220 7221 7222 7223 7224 7225 7226 7227 7228 7229 7230 7231 7232 7233 7234 7235 7236 7237 7238 7239 7240 7241 7242 7243 7244 7245 7246 7247 7248 7249 7250 7251 7252 7253 7254 7255 7256 7257 7258 7259 7260 7261
(iii) ug/l=micrograms per liter (1 one millionth gram/liter)
(iv) kg=kilogram(s) kkg=1000 kilogram(s)
(d) Toxic pollutants. The following are the pollutants subject to regulation under the provisions of this appendix:
(i) Aldrin/Dieldrin - Aldrin means the compound aldrin as identified by the chemical name, 1,2,3,4,10,10 hexachloro -1,4,4a,5,8,8a hexahydro -1,4 -endo 5,8 -exo- dimethanonaphthalene; ``Dieldrin'' means the compound the dieldrin as identified by the chemical name 1,2,3,4,10,10 -hexachloro-6,7 - epoxy -1,4,4a,5,6,7,8,8a octahydro-1,4 -endo 5,8 -exo- dimethanonaphthalene.
(ii) DDT - DDT means the compounds DDT, DDD, and DDE as identified by the chemical names:(DDT)-1,1,1 -trichloro -2,2 - bis(p- chlorophenyl) ethane and someo,p'- isomers; (DDD) or (TDE) -1,1 -dichloro -2,2- bis(p-chlorophenyl) ethane and some o,p'- isomers; (DDE) -1,1-dichloro -2,2-bis(p-chlorophenyl) ethylene.
(iii) Endrin - Endrin means the compound endrin as identified by the chemical name 1,2,3,4,10,10-hexachloro-6,7 epoxy - 1,4,4a,5,6,7,8,8a -octahydro -1,4-endo 5,8- endodimethanonaphthalene.
(iv) Toxaphene - Toxaphene means a material consisting of technical grade chlorinated camphene having the approximate formula of C10H10Cl8 and normally containing 67- 69 percent chlorine by weight.
(v) Benzidine - Benzidine means the compound benzidine and its salts as identified by the chemical name 4,4'-diaminobiphenyl.
(vi) Polychlorinated Biphenyls (PCBs) - Polychlorinated biphenyls (PCBs) means a mixture of compounds composed of the biphenyl molecule which has been chlorinated to varying degrees. [42 FR 2613, Jan. 12, 1977, as amended at 42 FR 2620, Jan. 12, 1977; 42 FR 6555, Feb. 2, 1977]
(e) Compliance.
(i) Within 60 days from the date of promulgation of any toxic pollutant effluent standard or prohibition each owner or operator with a discharge subject to that standard or prohibition must notify the director of such discharge. Such notification shall include such information and follow such procedures as the director may require.
(ii) Any owner or operator who does not have a discharge subject to any toxic pollutant effluent standard at the time of such promulgation but who thereafter commences or intends to commence any activity which would result in such a discharge shall first notify the director in the manner herein provided at least 60 days prior to any such discharge.
7262 7263 7264 7265 7266 7267 7268 7269 7270 7271 7272 7273 7274 7275 7276 7277 7278 7279 7280 7281 7282 7283 7284 7285 7286 7287 7288 7289 7290 7291 7292 7293 7294 7295 7296 7297 7298 7299 7300 7301 7302 7303 7304 7305 7306 7307
(iii) Upon receipt of any application for issuance or reissuance of a permit or for a modification of an existing permit for a discharge subject to a toxic pollutant effluent standard or prohibition the permitting authority shall proceed thereon in accordance with these regulations.
(iv) Every permit which contains limitations based upon a toxic pollutant effluent standard or prohibition under this appendix is subject to revision following the completion of any proceeding revising such toxic pollutant effluent standard or prohibition regardless of the duration specified on the permit.
(v) For purposes of this section, all toxic pollutants for which standards are set under this appendix are deemed to be injurious to human health within the meaning of Section 402 (k) of the CWA unless otherwise specified in the standard established for any particular pollutant.
(vi) Upon the compliance date for any toxic pollutant effluent standard or prohibition, under Section 307 (a) of the CWA, each owner or operator of a discharge subject to such standard or prohibition shall comply with such monitoring, sampling, recording, and reporting conditions as the director may require for that discharge. Notice of such conditions shall be provided in writing to the owner or operator.
(vii) In addition to any conditions required pursuant to Appendix N (e) (vi) and to the extent not required in conditions contained in WYPDES permits, within 60 days following the close of each calendar year each owner or operator of a discharge subject to any toxic standard or prohibition shall report to the director concerning the compliance of such discharges. Such report shall include, as a minimum, information concerning 1) relevant identification of the discharger such as name, location of facility, discharge points, receiving waters, and the industrial process or operation emitting the toxic pollutant; 2) relevant conditions (pursuant to Appendix N (e) (vi) or to an WYPDES permit) as to flow, toxic pollutant concentrations under Section 307 (a) of the CWA, and toxic pollutant mass emission rate under Section 307 (a) of the CWA; and 3) compliance by the discharger with such conditions.
(viii) When samples collected for analysis are composited, such samples shall be composited in proportion to the flow at time of collection and preserved in compliance with requirements of the director, but shall include at least five (5) samples, collected at approximately equal intervals throughout the working day.
(ix) Nothing in these regulations shall preclude the director from requiring in any permit a more stringent effluent limitation or standard pursuant to Section 301 (b) (1) (C) of the CWA and implemented pursuant to the provisions of these regulations.
(x) Any owner or operator of a facility which discharges a toxic pollutant to surface waters of the state and to a publicly owned treatment system shall limit the summation of the mass emissions from both discharges to the less restrictive standard, either the direct discharge standard or the pretreatment standard; but in no case will this paragraph allow a
7308 discharge to surface waters of the state greater than the toxic pollutant effluent standard 7309 established for a direct discharge to the surface waters of the state.
7310
7311 (xi) In any permit hearing or other administrative proceeding relating to the 7312 implementation or enforcement of these standards, the parties thereto may not contest the validity 7313 of any national standards established in this appendix, or the ambient water criterion established 7314 herein for any toxic pollutant.
7315
7316 (f) Adjustment of effluent standard for presence of toxic pollutant in the intake 7317 water.
7318
7319 (i) Upon the request of the owner or operator of a facility discharging a 7320 pollutant subject to a toxic pollutant effluent standard or prohibition, the director shall give credit, 7321 and shall adjust the effluent standard(s) in such permit to reflect credit for the toxic pollutant(s) in 7322 the owner's or operator's water supply if 1) the source of the owner's or operator's water supply is 7323 the same body of water into which the discharge is made, and if 2) it is demonstrated to the 7324 director that the toxic pollutant(s) present in the owner's or operator's intake water will not be 7325 removed by any wastewater treatment systems whose design capacity and operation were such as 7326 to reduce toxic pollutants to the levels required by the applicable toxic pollutant effluent 7327 standards in the absence of the toxic pollutant in the intake water.
7328
7329 (ii) Effluent limitations established pursuant to this section shall be 7330 calculated on the basis of the amount of the toxic pollutant(s) under Section 307(a) of the CWA 7331 present in the water after any water supply treatment steps have been performed by or for the 7332 owner or operator.
7333
7334 (iii) Any permit which includes toxic pollutant effluent limitations 7335 established pursuant to this appendix shall also contain conditions requiring the permittee to 7336 conduct additional monitoring in the manner and locations determined by the director for those 7337 toxic pollutants for which the toxic pollutant effluent standards have been adjusted.
7338
7339 (g) Requirement and procedure for establishing a more stringent effluent limitation.
7340
7341 (i) In exceptional cases:
7342
7343 (A) Where the director determines that the ambient water criterion 7344 established in these regulations is not being met or will not be met in the receiving water as a 7345 result of one or more discharges at levels allowed by these regulations, and
7346
7347 (B) Where the director further determines that this is resulting in or 7348 may cause or contribute to significant adverse effects on aquatic or other organisms usually or 7349 potentially present, or on human health, the director may issue to an owner or operator a permit or 7350 a permit modification containing a toxic pollutant effluent limitation at a more stringent level than 7351 that required by these regulations. In any proceeding in connection with such action the burden of 7352 proof and burden of going forward with evidence with regard to such more stringent effluent 7353 limitation shall be upon the director as the proponent of such more stringent effluent limitation.
7354 7355 7356 7357 7358 7359 7360 7361 7362 7363 7364 7365 7366 7367 7368 7369 7370 7371 7372 7373 7374 7375 7376 7377 7378 7379 7380 7381 7382 7383 7384 7385 7386 7387 7388 7389 7390 7391 7392 7393 7394 7395 7396 7397 7398 7399
(C) Evidence in such proceeding shall include at a minimum: An analysis using data and other information to demonstrate receiving water concentrations of the specified toxic pollutant, projections of the anticipated effects of the proposed modification on such receiving water concentrations, and the hydrologic and hydrographic characteristics of the receiving waters including the occurrence of dispersion of the effluent.
(ii) Any effluent limitation in a WYPDES permit proposed to be issued which is more stringent than the toxic pollutant effluent standards promulgated by the director is subject to review by the Administrator of the EPA under Section 402 (d) of the CWA. The Administrator of the EPA may approve or disapprove such limitation(s) or specify another limitation(s) upon review of any record of any proceedings held in connection with the permit issuance or modification and any other available evidence. If the Administrator of the EPA takes no action within 90 days of receipt of the notification of the action of the director and any record thereof, the action of the director shall be deemed to be approved.
(h) Aldrin/Dieldrin.
(i) Specialized definitions.
(A) 'Aldrin/Dieldrin manufacturer' means a manufacturer, excluding any source which is exclusively an aldrin/dieldrin formulator, who produces, prepares or processes technical aldrin or dieldrin or who uses aldrin or dieldrin as a material in the production, preparation or processing of another synthetic organic substance.
(B) 'Aldrin/Dieldrin formulator' means a person who produces, prepares or processes a formulated product comprising a mixture of either aldrin or dieldrin and inert materials or other diluents, into a product intended for application in any use registered under the Federal Insecticide, Fungicide and Rodenticide Act, as amended (7 U.S.C. 135, et seq.).
(C) The ambient water criterion for aldrin/dieldrin in surface waters of the state is 0.003 ug/l.
(ii) Aldrin/Dieldrin manufacturer.
(A) Applicability.
(I) These standards or prohibitions apply to:
(1.) All discharges of process wastes; and
(2.) All discharges from the manufacturing areas, loading and unloading areas, storage areas and other areas which are subject to direct contamination by aldrin/dieldrin as a result of the manufacturing process, including but not limited to:
7400 a. Storm water and other runoff except as 7401 hereinafter provided in Appendix N (h) (ii) (A) (II); and
7402 7403 b. Water used for routine cleanup or 7404 cleanup of spills.
7405 7406 (II) These standards do not apply to storm water 7407 runoff or other discharges from areas subject to contamination solely by fallout from air 7408 emissions of aldrin/dieldrin; or to storm water runoff that exceeds that from the 10-year 24 hour 7409 rainfall event.
7410 7411 (B) Analytical method acceptable. EPA method specified in 40 CFR 7412 Part 136, except that a 1 liter sample size is required to increase the analytical sensitivity.
7413 7414 (C) Effluent standard.
7415 7416 (I) Existing sources. Aldrin or dieldrin is prohibited in any 7417 discharge from any aldrin/dieldrin manufacturer.
7418 7419 (II) New Sources. Aldrin or dieldrin is prohibited in any 7420 discharge from any aldrin/dieldrin manufacturer.
7421 7422 (iii) Aldrin/Dieldrin formulator.
7423 7424 (A) Applicability.
7425 7426 (I) These standards or prohibitions apply to:
7427 7428 (1.) All discharges of process wastes; and
7429 7430 (2.) All discharges from the formulating areas, 7431 loading and unloading areas, storage areas and other areas which are subject to direct 7432 contamination by aldrin/dieldrin as a result of the formulating process, including but not limited 7433 to:
7434 7435 a. Storm water and other runoff except as 7436 hereinafter provided in Appendix N (h) (iii) (A) (II); and
7437 7438 b. Water used for routine cleanup or 7439 cleanup of spills.
7440 7441 (II) These standards do not apply to storm water runoff or 7442 other discharges from areas subject to contamination solely by fallout from air emissions of 7443 aldrin/dieldrin; or to storm water runoff that exceeds that from the 10-year 24 hour rainfall event. 7444
7445 (B) Analytical method acceptable. EPA method specified in 40 CFR 7446 Part 136, except that a 1 liter sample size is required to increase the analytical sensitivity.
7447 7448 (C) Effluent standard.
7449 7450 (I) Existing sources. Aldrin or dieldrin is prohibited in any 7451 discharge from any aldrin/dieldrin formulator.
7452 7453 (II) New sources. Aldrin or dieldrin is prohibited in any 7454 discharge from any aldrin/dieldrin formulator.
7455 7456 (i) DDT, DDD, and DDE.
7457 7458 (i) Specialized definitions.
7459 7460 (A) “DDT manufacturer” means a manufacturer, excluding any 7461 source which is exclusively a DDT formulator, who produces, prepares or processes technical 7462 DDT, or who uses DDT as a material in the production, preparation or processing of another 7463 synthetic organic substance.
7464 7465 (B) “DDT formulator” means a person who produces, prepares or 7466 processes a formulated product comprising a mixture of DDT and inert materials or other diluents 7467 into a product intended for application in any use registered under the Federal Insecticide, 7468 Fungicide and Rodenticide Act, as amended (7 U.S.C. 135, et seq.). The ambient water criterion 7469 for DDT in surface waters of the state is 0.001 ug/l.
7470 7471 (ii) DDT manufacturer.
7472 7473 (A) Applicability.
7474 7475 (I) These standards or prohibitions apply to:
7476 7477 (1.) All discharges of process wastes; and
7478 7479 (2.) All discharges from the manufacturing areas, 7480 loading and unloading areas, storage areas and other areas which are subject to direct 7481 contamination by DDT as a result of the manufacturing process, including but not limited to:
7482 7483 a. Storm water and other runoff except as 7484 hereinafter provided in Appendix N (i) (ii) (A) (II); and
7485 7486 b. Water used for routine cleanup or 7487 cleanup of spills.
7488 7489
7490 (II) These standards do not apply to storm water runoff or 7491 other discharges from areas subject to contamination solely by fallout from air emissions of DDT; 7492 or to storm water runoff that exceeds that from the 10-year 24 hour rainfall event. 7493 7494 (B) Analytical method acceptable. EPA method specified in 40 CFR 7495 Part 136, except that a 1 liter sample size is required to increase the analytical sensitivity. 7496 7497 (C) Effluent standard. 7498 7499 (I) Existing sources. DDT is prohibited in any discharge 7500 from any DDT manufacturer. 7501 7502 (II) New sources. DDT is prohibited in any discharge from 7503 any DDT manufacturer. 7504 7505 (iii) DDT formulator. 7506 7507 (A) Applicability. 7508 7509 (I) These standards or prohibitions apply to: 7510 7511 (1.) All discharges of process wastes; and 7512 7513 (2.) All discharges from the formulating areas, 7514 loading and unloading areas, storage areas and other areas which are subject to direct 7515 contamination by DDT as a result of the formulating process, including but not limited to: 7516 7517 a. Storm water and other runoff except as 7518 hereinafter provided in Appendix N (i) (iii) (A) (II); and 7519 7520 b. Water used for routine cleanup or 7521 cleanup of spills. 7522 7523 (II) These standards do not apply to storm water runoff or 7524 other discharges from areas subject to contamination solely by fallout from air emissions of DDT 7525 or to storm water runoff that exceeds that from the 10-year 24 hour rainfall event. 7526 7527 (B) Analytical method acceptable. EPA method specified in 40 CFR 7528 Part 136, except that a 1 liter sample size is required to increase the analytical sensitivity. 7529 7530 (C) Effluent standard. 7531 7532 (I) Existing sources. DDT is prohibited in any discharge 7533 from any DDT formulator. 7534
7535 (II) New Sources. DDT is prohibited in any discharge from 7536 any DDT formulator.
7537 7538 (j) Endrin.
7539 7540 (i) Specialized definitions.
7541 7542 (A) “Endrin manufacturer” means a manufacturer, excluding any 7543 source which is exclusively an endrin formulator, who produces, prepares or processes technical 7544 endrin, or who uses endrin as a material in the production, preparation or processing of another 7545 synthetic organic substance.
7546 7547 (B) “Endrin formulator means” a person who produces, prepares or 7548 processes a formulated product comprising a mixture of endrin and inert materials or other 7549 diluents into a product intended for application in any use registered under the Federal 7550 Insecticide, Fungicide and Rodenticide Act, as amended (7 U.S.C. 135 et seq.).
7551 7552 (C) The ambient water criterion for endrin in surface waters of the 7553 state is 0.004 ug/l.
7554 7555 (ii) Endrin manufacturer.
7556 7557 (A) Applicability.
7558 7559 (I) These standards or prohibitions apply to:
7560 7561 (1.) All discharges of process wastes; and
7562 7563 (2.) All discharges from the manufacturing areas, 7564 loading and unloading areas, storage areas and other areas which are subject to direct 7565 contamination by endrin as a result of the manufacturing process, including but not limited to:
7566 7567 a. Storm water and other runoff except as 7568 hereinafter provided in Appendix N (j) (ii) (A) (II); and
7569 7570 b. Water used for routine cleanup or 7571 cleanup of spills.
7572 7573 (II) These standards do not apply to storm water runoff or 7574 other discharges from areas subject to contamination solely by fallout from air emissions of 7575 endrin or to storm water runoff that exceeds that from the 10-year 24 hour rainfall event.
7576 7577 (B) Analytical method acceptable. EPA method specified in 40 CFR 7578 Part 136.
7579 7580 (C) Effluent standard.
7581 7582 7583 7584 7585 7586 7587 7588 7589 7590 7591 7592 7593 7594 7595 7596 7597 7598 7599 7600 7601 7602 7603 7604 7605 7606 7607 7608 7609 7610 7611 7612 7613 7614 7615 7616 7617 7618 7619 7620 7621 7622 7623 7624 7625 7626
(I) Existing sources. Discharges from an endrin manufacturer shall not contain endrin concentrations exceeding an average per working day of 1.5 ug/l calculated over any calendar month; and shall not exceed a monthly average daily loading of 0.0006 kg/kkg of endrin produced; and shall not exceed 7.5 ug/l in a sample(s) representing any working day.
(II) New sources. Discharges from an endrin manufacturer shall not contain endrin concentrations exceeding an average per working day of 0.1 ug/l calculated over any calendar month; and shall not exceed a monthly average daily loading of 0.00004 kg/kkg of endrin produced; and shall not exceed 0.5 ug/l in a sample(s) representing any working day.
(III) Mass emission standard during shutdown of production. In computing the allowable monthly average daily loading figure required under the preceding Appendix N (j) (ii) (C) (I) and (II), for any calendar month for which there is no endrin being manufactured at any plant or facility which normally contributes to the discharge which is subject to these standards, the applicable production value shall be deemed to be the average monthly production level for the most recent preceding 360 days of actual operation of the plant or facility.
(iii) Endrin formulator.
(A) Applicability.
(I) These standards or prohibitions apply to:
(1.) All discharges of process wastes; and
(2.) All discharges from the formulating areas, loading and unloading areas, storage areas and other areas which are subject to direct contamination by endrin as a result of the formulating process, including but not limited to:
a. Storm water and other runoff except as hereinafter provided in Appendix N (j) (iii) (A) (II); and
b. water used for routine cleanup or cleanup of spills.
(II) These standards do not apply to storm water runoff or other discharges from areas subject to contamination solely by fallout from air emissions of endrin, or to storm water runoff that exceeds that from the 10-year 24 hour rainfall event.
(B) Analytical method acceptable. EPA method specified in 40 CFR Part 136, except that a 1 liter sample size is required to increase the analytical sensitivity.
7627 7628 7629 7630 7631 7632 7633 7634 7635 7636 7637 7638 7639 7640 7641 7642 7643 7644 7645 7646 7647 7648 7649 7650 7651 7652 7653 7654 7655 7656 7657 7658 7659 7660 7661 7662 7663 7664 7665 7666 7667 7668 7669 7670 7671 7672
(C) Effluent standard.
(I) Existing sources. Endrin is prohibited in any discharge from any endrin formulator.
(II) New sources. Endrin is prohibited in any discharge from any endrin formulator.
(iv) The standards set forth in this section shall apply to the total combined weight or concentration of endrin, excluding any associated element or compound.
(k) Toxaphene.
(i) Specialized definitions.
(A) “Toxaphene manufacturer” means a manufacturer, excluding any source which is exclusively a toxaphene formulator, who produces, prepares or processes toxaphene or who uses toxaphene as a material in the production, preparation or processing of another synthetic organic substance.
(B) “Toxaphene formulator” means a person who produces, prepares or processes a formulated product comprising a mixture of toxaphene and inert materials or other diluents into a product intended for application in any use registered under the Federal Insecticide, Fungicide and Rodenticide Act, as amended (7 U.S.C. 135, et seq.).
(C) The ambient water criterion for toxaphene in surface waters of the state is 0.005 ug/l.
(ii) Toxaphene manufacturer.
(A) Applicability.
(I) These standards or prohibitions apply to:
(1.) All discharges of process wastes; and
(2.) All discharges from the manufacturing areas, loading and unloading areas, storage areas and other areas which are subject to direct contamination by toxaphene as a result of the manufacturing process, including but not limited to:
a. Storm water and other runoff except as hereinafter provided in Appendix N (k) (ii) (A) (II); and
b. Water used for routine cleanup or cleanup of spills.
7673 7674 7675 7676 7677 7678 7679 7680 7681 7682 7683 7684 7685 7686 7687 7688 7689 7690 7691 7692 7693 7694 7695 7696 7697 7698 7699 7700 7701 7702 7703 7704 7705 7706 7707 7708 7709 7710 7711 7712 7713 7714 7715 7716 7717
(II) These standards do not apply to storm water runoff or other discharges from areas subject to contamination solely by fallout from air emissions of toxaphene or to storm water runoff that exceeds that from the 10-year 24 hour rainfall event.
(B) Analytical method acceptable. EPA method specified in 40 CFR Part 136.
(C) Effluent standard.
(I) Existing sources. Discharges from a toxaphene manufacturer shall not contain toxaphene concentrations exceeding an average per working day of 1.5 ug/l calculated over any calendar month; and shall not exceed a monthly average daily loading of 0.00003 kg/kkg of toxaphene produced, and shall not exceed 7.5 ug/l in a sample(s) representing any working day.
(II) New sources. Discharges from a toxaphene manufacturer shall not contain toxaphene concentrations exceeding an average per working day of 0.1 ug/l calculated over any calendar month; and shall not exceed a monthly average daily loading of 0.000002 kg/kkg of toxaphene produced, and shall not exceed 0.5 ug/l in a sample(s) representing any working day.
(III) Mass emission during shutdown of production. In computing the allowable monthly average daily loading figure required under the preceding Appendix N (k) (ii) (C) (I) and (II), for any calendar month for which there is no toxaphene being manufactured at any plant or facility which normally contributes to the discharge which is subject to these standards, the applicable production value shall be deemed to be the average monthly production level for the most recent preceding 360 days of actual operation of the plant or facility.
(iii) Toxaphene formulator.
(A) Applicability.
(I) These standards or prohibitions apply to:
(1.) All discharges of process wastes; and
(2.) All discharges from the formulating areas, loading and unloading areas, storage areas and other areas which are subject to direct contamination by toxaphene as a result of the formulating process, including but not limited to:
a. Storm water and other runoff except as hereinafter provided in Appendix N (k) (iii) (A) (II); and
7718 b. Water used for routine cleanup or 7719 cleanup of spills. 7720 7721 (II) These standards do not apply to storm water runoff or 7722 other discharges from areas subject to contamination solely by fallout from air emissions of 7723 toxaphene, or to storm water runoff that exceeds that from the 10-year 24 hour rainfall event. 7724 7725 (B) Analytical method acceptable. EPA method specified in 40 CFR 7726 Part 136, except that a 1 liter sample size is required to increase the analytical sensitivity. 7727 7728 (C) Effluent standards. 7729 7730 (I) Existing sources. Toxaphene is prohibited in any 7731 discharge from any toxaphene formulator. 7732 7733 (II) New sources. Toxaphene is prohibited in any discharge 7734 from any toxaphene formulator. 7735 7736 (iv) The standards set forth in this section shall apply to the total combined 7737 weight or concentration of toxaphene, excluding any associated element or compound. 7738 7739 (I) Benzidine. 7740 7741 (i) Specialized definitions. 7742 7743 (A) 'Benzidine manufacturer' means a manufacturer who produces 7744 benzidine or who produces benzidine as an intermediate product in the manufacture of dyes 7745 commonly used for textile, leather and paper dyeing. 7746 7747 (B) 'Benzidine based dye applicator' means an owner or operator 7748 who uses benzidine based dyes in the dyeing of textiles, leather or paper. 7749 7750 (C) The ambient water criterion for benzidine in surface waters of 7751 the state is 0.1 ug/l. 7752 7753 (ii) Benzidine manufacturer. 7754 7755 (A) Applicability. 7756 7757 (I) These standards apply to: 7758 7759 (1.) All discharges into the surface waters of the 7760 state of process wastes, and 7761 7762 (2.) All discharges into the surface waters of the 7763 state of wastes containing benzidine from the manufacturing areas, loading and unloading areas,
7764 storage areas, and other areas subject to direct contamination by benzidine or benzidine 7765 containing product as a result of the manufacturing process, including but not limited to: 7766 7767 a. Storm water and other runoff except as 7768 hereinafter provided in Appendix N (I) (ii) (A) (II), and 7769 7770 b. Water used for routine cleanup or 7771 cleanup of spills. 7772 7773 (II) These standards do not apply to storm water runoff or 7774 other discharges from areas subject to contamination solely by fallout from air emissions of 7775 benzidine or to storm water runoff that exceeds that from the 10-year 24 hour rainfall event. 7776 7777 (B) Analytical method acceptable. EPA method specified in 40 CFR 7778 Part 136. 7779 7780 (C) Effluent standards. 7781 7782 (I) Existing sources. Discharges from a benzidine 7783 manufacturer shall not contain benzidine concentrations exceeding an average per working day of 7784 10 ug/l calculated over any calendar month, and shall not exceed a monthly average daily loading 7785 of 0.130 kg/kg of benzidine produced, and shall not exceed 50 ug/l in a sample(s) representing 7786 any working day. 7787 7788 (II) New sources. Discharges from a benzidine 7789 manufacturer shall not contain benzidine concentrations exceeding an average per working day of 7790 10 ug/l calculated over any calendar month, and shall not exceed a monthly average daily loading 7791 of 0.130 kg/kg of benzidine produced, and shall not exceed 50 ug/l in a sample(s) representing 7792 any working day. 7793 7794 (D) The standards set forth in Appendix N (I) (ii) shall apply to the 7795 total combined weight or concentration of benzidine, excluding any associated element or 7796 compound. 7797 7798 (iii) Benzidine based dye applicators. 7799 7800 (A) Applicability. 7801 7802 (I) These standards apply to: 7803 7804 (1.) All discharges into the surface waters of the 7805 state of process wastes, and 7806 7807 (2.) All discharges into the surface waters of the 7808 state of wastes containing benzidine from the manufacturing areas, loading and unloading areas,
7809 storage areas, and other areas subject to direct contamination by benzidine or benzidine 7810 containing product as a result of the manufacturing process, including but not limited to: 7811 7812 a. Storm water and other runoff except as 7813 hereinafter provided in Appendix N (I) (iii) (A) (II), and 7814 7815 b. Water used for routine cleanup or 7816 cleanup of spills. 7817 7818 (II) These standards do not apply to storm water runoff or 7819 other discharges from areas subject to contamination solely by fallout from air emissions of 7820 benzidine or to storm water that exceeds that from the 10-year 24 hour rainfall event. 7821 7822 (B) Analytical method acceptable. 7823 7824 (I) EPA method specified in 40 CFR Part 136; or 7825 7826 (II) Mass balance monitoring approach which requires the 7827 calculation of the benzidine concentration by dividing the total benzidine contained in dyes used 7828 during a working day (as certified in writing by the manufacturer) by the total quantity of water 7829 discharged during the working day. 7830 7831 (C) Effluent standards. 7832 7833 (I) Existing sources. Discharges from benzidine based dye 7834 applicators shall not contain benzidine concentrations exceeding an average per working day of 7835 10 ug/l calculated over any calendar month; and shall not exceed 25 ug/l in a sample(s) or 7836 calculation(s) representing any working day. 7837 7838 (II) New sources. Discharges from benzidine based dye 7839 applicators shall not contain benzidine concentrations exceeding an average per working day of 7840 10 ug/l calculated over any calendar month; and shall not exceed 25 ug/l in a sample(s) or 7841 calculation(s) representing any working day. 7842 7843 (D) The standards set forth in Appendix N (I) (iii) shall apply to the 7844 total combined concentrations of benzidine, excluding any associated element or compound [42 7845 FR 2620, Jan. 12, 1977]. 7846 7847 (m) Polychlorinated biphenyls (PCBs). 7848 7849 (i) Specialized definitions. 7850 7851 (A) 'PCB manufacturer' means a manufacturer who produces 7852 polychlorinated biphenyls. 7853
7854 (B) “Electrical capacitor manufacturer” means a manufacturer who 7855 produces or assembles electrical capacitors in which PCB or PCB containing compounds are part 7856 of the dielectric.
7857 7858 (C) “Electrical transformer manufacturer” means a manufacturer 7859 who produces or assembles electrical transformers in which PCB or PCB containing compounds 7860 are part of the dielectric.
7861 7862 (D) The ambient water criterion for PCBs in surface waters of the 7863 state is 0.001 ug/l.
7864 7865 (ii) PCB manufacturer.
7866 7867 (A) Applicability.
7868 7869 (I) These standards or prohibitions apply to:
7870 7871 (1.) All discharges of process wastes;
7872 7873 (2.) All discharges from the manufacturing or 7874 incinerator areas, loading and unloading areas, storage areas, and other areas which are subject to 7875 direct contamination by PCBs as a result of the manufacturing process, including but not limited 7876 to:
7877 7878 a. Storm water and other runoff except as 7879 hereinafter provided in Appendix N (m) (ii) (A) (II); and
7880 7881 b. Water used for routine cleanup or 7882 cleanup of spills.
7883 7884 (II) These standards do not apply to storm water runoff or 7885 other discharges from areas subject to contamination solely by fallout from air emissions of 7886 PCBs, or to storm water runoff that exceeds that from the 10 year 24 hour rainfall event.
7887 7888 (B) Analytical Method Acceptable. EPA method specified in 40 7889 CFR Part 136 except that a 1 liter sample size is required to increase analytical sensitivity.
7890 7891 (C) Effluent standards.
7892 7893 (I) Existing sources. PCBs are prohibited in any discharge 7894 from any PCB manufacturer;
7895 7896 (II) New sources. PCBs are prohibited in any discharge 7897 from any PCB manufacturer.
7898 7899 (iii) Electrical capacitor manufacturer.
7900 7901 7902 7903 7904 7905 7906 7907 7908 7909 7910 7911 7912 7913 7914 7915 7916 7917 7918 7919 7920 7921 7922 7923 7924 7925 7926 7927 7928 7929 7930 7931 7932 7933 7934 7935 7936 7937 7938 7939 7940 7941 7942 7943 7944 7945
(I) These standards or prohibitions apply to:
(1.) All discharges of process wastes; and
(2.) All discharges from the manufacturing or
incineration areas, loading and unloading areas, storage areas and other areas which are subject to direct contamination by PCBs as a result of the manufacturing process, including but not limited to:
a. Storm water and other runoff except as hereinafter provided in Appendix N (m) (iii) (A) (II); and
b. Water used for routine cleanup or cleanup of spills.
(II) These standards do not apply to storm water runoff or other discharges from areas subject to contamination solely by fallout from air emissions of PCBs or to storm water runoff that exceeds that from the 10 year 24 hour rainfall event.
(B) Analytical method acceptable. EPA method specified in 40 CFR Part 136, except that a 1 liter sample size is required to increase analytical sensitivity.
(I) Existing sources. PCBs are prohibited in any discharge from any electrical capacitor manufacturer;
(II) New sources. PCBs are prohibited in any discharge from any electrical capacitor manufacturer.
(iv) Electrical transformer manufacturer.
(I) These standards or prohibitions apply to:
(1.) All discharges of process wastes; and
(2.) All discharges from the manufacturing or incineration areas, loading and unloading areas, storage areas, and other areas which are subject to direct contamination by PCBs as a result of the manufacturing process, including but not limited to:
7946 a. Storm water and other runoff except as 7947 hereinafter provided in Appendix N (m) (iv) (A) (II); and
7948 7949 b. Water used for routine cleanup or 7950 cleanup of spills.
7951 7952 (II) These standards do not apply to storm water runoff or 7953 other discharges from areas subject to contamination solely by fallout from air emissions of PCBs 7954 or to storm water runoff that exceeds that from the 10 year 24 hour rainfall event.
7955 7956 (B) Analytical method acceptable. EPA method specified in 40 CFR 7957 Part 136, except that a 1 liter sample size is required to increase analytical sensitivity.
7958 7959 (C) Effluent standards.
7960 7961 (I) Existing sources. PCBs are prohibited in any discharge 7962 from any electrical transformer manufacturer;
7963 7964 (II) New sources. PCBs are prohibited in any discharge 7965 from any electrical transformer manufacturer.
7966 7967 (v) Adjustment of effluent standard for presence of PCBs in intake water. 7968 Whenever a facility which is subject to these standards has PCBs in its effluent which result from 7969 the presence of PCBs in its intake waters, the owner may apply to the director, for a credit 7970 pursuant to Appendix N (f), where the source of the water supply is the same body of water into 7971 which the discharge is made. The requirement of Appendix N (f) (i), relating to the source of the 7972 water supply, shall be waived, and such facility shall be eligible to apply for a credit under 7973 Appendix N (f), upon a showing by the owner or operator of such facility to the director that the 7974 concentration of PCBs in the intake water supply of such facility does not exceed the 7975 concentration of PCBs in the receiving water body to which the plant discharges its effluent. [42 7976 FR 6555, Feb. 2, 1977]
7977 7978
7979 7980 7981 7982 7983 7984 7985 7986 7987 7988 7989 7990 7991 7992 7993 7994 7995 7996 7997 7998 7999 8000 8001 8002 8003 8004 8005 8006 8007 8008 8009 8010 8011 8012 8013 8014 8015 8016 8017 8018 8019
(a) Definitions. The following definitions supplement those definitions contained in Section 35-11-103 of the Wyoming Environmental Quality Act.
(i) Colorado River Basin Salinity Control Forum - The organization composed of water quality and water resource representatives of the states of Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming, with the responsibility for developing salinity standards and criteria for the waters of the Colorado River Basin.
(b) Salinity Standards/Criteria. The State of Wyoming shall cooperate with the other states of the Colorado River Basin and the government of the United States to maintain salinity levels in the main stem of the Colorado River at or below the following:
| Location | Salinity in mg/L of total dissolved solids |
|---|---|
| Below Hoover Dam | 723 |
| Below Parker Dam | 747 |
| Imperial Dam | 879 |
The above are flow-weighted average annual values and temporary increases above these values are allowed provided that with completion of salinity control projects, salinity concentrations would return to or below criteria level. These increases above the numeric criteria are provided for in order to allow development projects to be completed before control measures are brought on line, and to allow for unfavorable reservoir conditions or periods of below normal annual river flows.
(c) Point Source Discharges to Surface Waters. Point source discharges to the surface waters in the Colorado River Basin of Wyoming shall be controlled as described in the following policies adopted by the Colorado River Basin Salinity Control Forum:
(i) "Policy for Implementation of the Colorado River Basin Salinity Standards through the NPDES Permit Program", October 30, 2002;
(ii) "Policy for Implementation of the Colorado River Basin Salinity Standards through the NPDES Permit Program for Intercepted Groundwater, October 20, 1980"; and
(iii) "Policy for Implementation of the Colorado River Basin Salinity Standards through the NPDES Permit Program for Fish Hatcheries, October 28, 1988"
(d) Interstate Compacts, Court Decrees and Water Rights. It is the policy of the Department that the adoption and enforcement of these regulations is not intended to prevent the utilization of water apportioned to the State of Wyoming through any interstate compact or court decree or to prevent the diversion of water under future or existing water rights.