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Application for Permit to Discharge Wastewater from Existing Manufacturing, Commercial, Mining, and Silvicultural Operations
Note: This form must be completed by all applicants who check "yes" to item 8 in the General Information Form.
Your application will not be considered complete unless you answer every question on this form and on the General Information Form. If an item does not apply to you, enter "NA" (for not applicable) to show that you considered the question.
You may not claim as confidential any information required by this form or the General Information Form, whether the information is reported on the forms or in an attachment. This information will be made available to the public upon request.
Any information you submit to EPA which goes beyond that required by this form or the General Information Form you may claim as confidential, but claims for information which is effluent data will be denied. If you do not assert a claim of confidentiality at the time of submitting the information, EPA may make the information public without further notice to you. Claims of confidentiality will be handled in accordance with EPA's business confidentiality regulations at 40 CFR Part 2.
All significant terms used in these instructions and in the form are defined in the glossary found in the General Instructions which accompany the General Information Form.
Fill in your EPA Identification Number at the top of each page of Form 2C. You may copy this number directly from item 7 of the General Information Form.
You may use the map you provided for item 14 of the General Information Form to determine the latitude and longitude of each of your outfalls and the name of the receiving water.
The line drawing should show generally the route taken by water in your facility from intake to discharge. Show all operations contributing wastewater, including process and production areas, sanitary flows, cooling water, and storm water runoff. You may group similar operations into a single unit, labeled to correspond to the more detailed listing in item II-B. The water balance should show average flows. Show all significant losses of water to products, atmosphere, and discharge. You should use actual measurements whenever available; otherwise use your best estimate. An example of an acceptable line drawing appears in Figure 2C-I to these instructions.
List all sources of wastewater to each outfall. Operations may be described in general terms (for example, 'dye-making reactor" or "distillation tower'). You may estimate the flow contributed by each source if no data are available. For storm water discharges you may estimate the average flow, but you must indicate the rainfall event upon which the estimate is based and the method of estimation. For each treatment unit, indicate its size, flow rate, and retention time, and describe the ultimate disposal of any solid or liquid wastes not discharged. Treatment units should be listed in order and you should select the proper code from Table 2C-1 to fill in column 3-b for each treatment unit. Insert "XX" into column 3-b if no code corresponds to a treatment unit you list. If you are applying for a permit for a privately owned treatment works, you must also identify all of your contributors in an attached listing.
A discharge is intermittent unless it occurs without interruption during the operating hours of the facility, except for infrequent shut-downs for maintenance, process changes, or other similar activities. A discharge is seasonal if it occurs only during certain parts of the year. Fill in every applicable column in this item for each source of intermittent or seasonal discharges. Base your answers on actual data whenever available; otherwise, provide your best estimate. Report the highest daily value for flow rate and total volume in the "Maximum Daily" columns (columns 4-a-2 and 4-b-2). Report the average of all daily values measured during days when discharge occurred within the last year in the "Long Term Average" columns (columns 4-a-1 and 4-b- 1).
All effluent guidelines promulgated by EPA appear in the Federal Register and are published annually in 40 CFR Subchapter N. A guideline applies to you if you have any operations contributing process wastewater in any subcategory covered by a BPT, BCT, or BAT guideline. If you are unsure whether you are covered by a promulgated effluent guideline, check with your EPA Regional office (Table I in the General Information Form instructions). You must check "yes" if an applicable effluent guideline has been promulgated, even if the guideline limitations are being contested in court. If you believe that a promulgated effluent guideline has been remanded for reconsideration by a court and does not apply to your operations, you may check "no".
An effluent guideline is expressed in terms of production (or other measure of operation) if the limitation is expressed as mass of pollutant per operational parameter; for example, "pounds of BOD per cubic foot of logs from which bark is removed," or "pounds of TSS per megawatt hour of electrical energy consumed by smelting furnace". An example of a guideline not expressed in terms of a measure of operation is one which limits the concentration of pollutants.
This item must be completed only if you checked "yes" to item III-B. The production information requested here is necessary to apply effluent guidelines to your facility and you cannot claim it as confidential. However, you do not have to indicate how the reported information was calculated. Report quantities in the units of measurement used in the applicable effluent guideline. The production figures provided must be based on actual daily production and not on design capacity or on predictions of future operations. To obtain alternate limits under 40 CFR 122.45(b)(2)(ii), you must define your maximum production capability and demonstrate to the Director that your actual production is substantially below maximum production capability and that there is a reasonable potential for an increase above actual production during the duration of the permit.
If you check "yes" to this question, complete all parts of the chart, or attach a copy of any previous submission you have made to EPA containing same information.
You are not required to submit a description of future pollution control projects if you do not wish to or if none is planned.
The items require you to collect and report data on the pollutants discharged for each of your outfalls. Each part of this item addresses a different set of pollutants and must be completed in accordance with the specific instructions for that part. The following general instructions apply to the entire item.
Part A requires you to report at least one analysis for each pollutant listed. Parts B and C require you to report analytical data in two ways. For some pollutants, you may be required to mark 'X' in the "Testing Required" column (column 2-a, Part C), and test (sample and analyze) and report the levels of the pollutants in your discharge whether or not you expect them to be present in your discharge. For all others, you must mark 'X' in either the "Believe Present" column or the "Believe Absent" column (columns 2-a or 2-b, Part B, and columns 2-b or 2-c, Part C) based on your best estimate, and test for those which you believe to be present. (See specific instructions on the form and below for Parts A through D.) Base your determination that a pollutant is present in or absent from your discharge on your knowledge of your raw materials, maintenance chemicals, intermediate and final products and byproducts, and any previous analyses known to you of your effluent or similar effluent. For example:
If you would expect a pollutant to be present solely as a result of its presence in your intake water, you must mark "Believe Present" but you are not required to analyze for that pollutant. Instead, mark an "X" in the "Intake" column.
All levels must be reported as concentration and as total mass. You may report some or all of the required data by attaching separate sheets of paper instead of filling out pages V-1 to V-9 if the separate sheets contain all the required information in a format which is consistent with pagesV-1 toV-9 in spacing and in identification of pollutants and columns. (For example, the data system used in your GC/MS analysis may be able to print data in the proper format.) Use the following abbreviations in the columns headed "Units" (column 3, Part A, and column 4, Parts B and C).
|Concentration||ppm||parts per million|
|ppb||parts per billion|
|μg/l||micrograms per liter|
|per liter ton||tons (English tons)|
|T||tonnes (metric tons)|
All reporting of values for metals must be in terms of "total recoverable metal," unless:
If you measure only one daily value, complete only the "Maximum Daily Values" columns and insert '1' into the "Number of Analyses" column (columns 2-a and 2-d, Part A, and column 3-a, 3-d, Parts B and C). The permitting authority may require you to conduct additional analyses to further characterize your discharges. For composite samples, the daily value is the total mass or average concentration found in a composite sample taken over the operating hours of the facility during a 24-hour period; for grab samples, the daily value is the arithmetic or flow-weighted total mass or average concentration found in a series of at least four grab samples taken over the operating hours of the facility during a 24-hour period.
If you measure more than one daily value for a pollutant and those values are representative of your wastestream, you must report them. You must describe your method of testing and data analysis. You also must determine the average of all values within the last year and report the concentration and mass under the "Long Term Average Values" columns (column 2-c, PartA, and column 3-c, Parts B and C), and the total number of daily values under the "Number of Analyses" columns (column 2-d, Part A, and columns 3-d, Parts B and C). Also, determine the average of all daily values taken during each calendar month, and report the highest average under the "Maximum 30-day Values" columns (column 2-c, PartA, and column 3-b, Parts B and C).
The collection of the samples for the reported analyses should be supervised by a person experienced in performing sampling of industrial wastewater. You may contact your EPA or State permitting authority for detailed guidance on sampling techniques and for answers to specific questions. Any specific requirements contained in the applicable analytical methods should be followed for sample containers, sample preservation, holding times, the collection of duplicate samples, etc. The time when you sample should be representative of your normal operation, to the extent feasible, with all processes which contribute wastewater in normal operation, and with your treatment system operating properly with no system upsets. Samples should be collected from the center of the flow channel, where turbulence is at a maximum, at a site specified in your present permit, or at any site adequate for the collection of a representative sample.
For pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, and fecal coliform, grab samples must be used. For all other pollutants 24-hour composite samples must be used. However, a minimum of one grab sample may be taken for effluents from holding ponds or other impoundments with a retention period of greater than 24 hours. For stormwater discharges a minimum of one to four grab samples may be taken, depending on the duration of the discharge. One grab must be taken in the first hour (or less) of discharge, with one additional grab (up to a minimum of four) taken in each succeeding hour of discharge for discharges lasting four or more hours. The Director may waive composite sampling for any outfall for which you demonstrate that use of an automatic sampler is infeasible and that a minimum of four grab samples will be representative of your discharge.
Grab and composite samples are defined as follows:
The Agency is currently reviewing sampling requirements in light of recent research on testing methods. Upon completion of its review, the Agency plans to propose changes to the sampling requirements.
Data from samples taken in the past may be used, provided that:
Among the factors which would cause the data to be unrepresentative are significant changes in production level, changes in raw materials, processes, or final products, and changes in wastewater treatment. When the Agency promulgates new analytical methods in 40 CFR Part 136, EPA will provide information as to when you should use the new methods to generate data on your discharges. Of course, the Director may request additional information, including current quantitative data, if she or he determines it to be necessary to assess your discharges.
You must use test methods promulgated in 40 CFR Part 136; however, if none has been promulgated for a particular pollutant, you may use any suitable method for measuring the level of the pollutant in your discharge provided that you submit a description of the method or a reference to a published method. Your description should include the sample holding time, preservation techniques, and the quality control measures which you used. If you have two or more substantially identical outfalls, you may request permission from your permitting authority to sample and analyse only one outfall and submit the results of the analysis for other substantially identical outfalls. If your request is granted by the permitting authority, on a separate sheet attached to the application form, identify which outfall you did test, and describe why the outfalls which you did not test are substantially identical to the outfall which you did test.
You are not required to report data under the "Intake" columns unless you wish to demonstrate your eligibility for a "net" effluent limitation for one or more pollutants, that is, an effluent limitation adjusted by subtracting the average level of the pollutant(s) present in your intake water. NPDES regulations allow net limitations only in certain circumstances. To demonstrate your eligibility, under the "Intake" columns report the average of the results of analyses on your intake water (if your water is treated before use, test the water after it is treated), and discuss the requirements for a net limitation with your permitting authority.
Part V-A must be completed by all applicants for all outfalls, including outfalls containing only noncontact cooling water or storm runoff. However, at your request, the director may waive the requirement to test for one or more of these pollutants, upon a determination that available information is adequate to support issuance of the permit with less stringent reporting requirements for these pollutants. You also may request a waiver for one or more of these pollutants for your category or subcategory from the Director, Office of Water Enforcement and Permits. See discussion in General Instructions to item V for definitions of the columns in Part A. The "Long Term Average Values" column (column 2-c) and "Maximum 30-day Values" column (column 2-b) are not compulsory but should be filled out if data are available.
Use composite samples for all pollutants in this Part, except use grab samples for pH and temperature. See discussion in General Instructions to Item V for definitions of the columns in Part A. The "Long Term Average Values" column (column 2-c) and "Maximum 30-Day Values" column (column 2-b) are not compulsory but should be filled out if data are available.
Part V-B must be completed by all applicants for all outfalls, including outfalls containing only noncontact cooling water or storm runoff. You must report quantitative data if the pollutant(s) in question is limited in an effluent limitations guideline either directly, or indirectly but expressly through limitation on an indicator (e.g., use of TSS as an indicator to control of the discharge of iron and aluminum). For other discharged pollutants you must provide quantitative data or explain their presence in your discharge.
EPA will consider requests to the Director of the Office of Water Enforcement and Permits to eliminate the requirement to test for pollutants for an industrial category or subcategory. Your request must be supported by data representative of the industrial category or subcategory in question. The data must demonstrate that individual testing for each applicant is unnecessary, because the facilities in the category or subcategory discharge substantially identical levels of the pollutant or discharge the pollutant uniformly at sufficiently low levels. Use composite samples for all pollutants you analyze for in this part, except use grab samples for residual chlorine, oil and grease, and fecal coliform, The "Long Term Average Values" column (column 3-c) and "Maximum 30-day Values" column (column 3-b) are not compulsory but should be filled out if data are available.
Table 2c-2 lists the 34 "primary" industry categories in the left-hand column. For each outfall, if any of your processes which contribute wastewater falls into one of those categories, you must mark 'X' in "Testing Required" column (column 2-a) and test for (1) all of the toxic metals, cyanide, and total phenols, and (2) the organic toxic pollutants contained in Table 2c-2 as applicable to your category, unless you qualify as a small business (see below). The organic toxic pollutants are listed by GC/MS fractions on pages V-4 to V-9 in Part V-C. For example, the Organic Chemicals Industry has an asterisk in all four fractions; therefore, applicants in this category must test for all organic toxic pollutants in Part V-C. The inclusion of total phenols in Part V-C is not intended to classify total phenols as a toxic pollutant.
If you are applying for a permit for a privately owned treatment works, determine your testing requirements on the basis of the industry categories of your contributors. When you determine which industry category you are in to find your testing requirements, you are not determining your category for any other purpose and you are not giving up your right to challenge your inclusion in that category (for example, for deciding whether an effluent guideline is applicable) before your permit is issued. For all other cases (secondary industries, nonprocess wastewater outfalls, and non-required GC/MS fractions), you must mark "X" in either the "Believed Present" column (column 2-b) or the "Believed Absent" column (column 2-c) for each pollutant. For every pollutant you know or have reason to believe is present in your discharge in concentrations of 1.0 ppb or greater, you must report quantitative data.
For acrolein, acrylonitrile, 2, 4 dinitrophenol, and 2-methyl-4, 6 dinitrophenol, where you expect these four pollutants to be discharged in concentrations of 100 ppb or greater, you must report quantitative data. For every pollutant expected to be discharged in concentrations less than the thresholds specified above, you must either submit quantitative data or briefly describe the reasons the pollutant is expected to be discharged.
At your request the Director, Office of Water Enforcement and Permits, may waive the requirement to test for pollutants for an industrial category or subcategory. Your request must be supported by data representatives of the industrial category or subcategory in question. The data must demonstrate that individual testing for each applicant is unnecessary, because the facilities in question discharge substantially identical levels of the pollutant, or discharge the pollutant uniformly at sufficiently low levels. If you qualify as a small business (see below) you are exempt from testing for the organic toxic pollutants, listed on pages V-4 to V-9 in Part C.
For pollutants in intake water, see discussion in General Instructions to this item. The "Long Term Average Values" column (column 3-c) and "Maximum 30-day Values" column (column 3-b) are not compulsory but should be filled out if data are available. You are required to mark "Testing Required" for dioxin if you use or manufacture one of the following compounds:
If you mark "Testing Required" or "Believed Present," you must perform a screening analysis for dioxins, using gas chromatography with an electron capture detector. A TCDD standard for quantitation is not required. Describe the results of this analysis in the space provided; for example, "no measurable baseline deflection at the retention time of TCDD" or "a measurable peak within the tolerances of the retention time of TCDD." The permitting authority may require you to perform a quantitative analysis if you report a positive result.
The Effluent Guidelines Division of EPA has collected and analyzed samples from some plants for the pollutants listed in Part C in the course of its BAT guidelines development program. If your effluents are sampled and analyzed as part of this program in the last three years, you may use these data to answer Part C provided that the permitting authority approves, and provided that no process change or change in raw materials or operating practices has occurred since the samples were taken that would make the analyses unrepresentative of your current discharge.
If you qualify as a "small business," you are exempt from the reporting requirements for the organic toxic pollutants, listed on pages V-4 to V-9 in Part C. There are two ways in which you can qualify as a "small business." If your facility is a coal mine, and if your probable total annual production is less than 100,000 tons per year, you may submit past production data or estimated future production (such as a schedule of estimated total production under 30 CFR 795.14(c)) instead of conducting analyses for the organic toxic pollutants.
If your facility is not a coal mine, and if your gross total annual sales for the most recent three years average less than $100,000 per year (in second quarter 1980 dollars), you may submit sales data for those years instead of conducting analyses for the organic toxic pollutants. The production or sales data must be for the facility which is the source of the discharge. The data should not be limited to production or sales for the process or processes which contribute to the discharge, unless those are the only processes at your facility.
For sales data, in situations involving intracorporate transfer of goods and services, the transfer price per unit should approximate market prices for those goods and services as closely as possible. Sales figures for years after 1980 should be indexed to the second quarterof 1980 by using the gross national product price deflator (second quarter of 1980 = 1 00). This index is available in National Income and Product Accounts of the United States (Department of Commerce, Bureau of Economic Analysis).
List any pollutants in Table 2c-3 that you believe to be present and explain why you believe them to be present. No analysis is required, but if you have analytical data, you must report it.
Note: Under 40 CFR 117.12(a)(2), certain discharges of hazardous substances (listed in Table 2c-4 of these instructions) may be exempted from the requirements of section 311 of CWA, which establishes reporting requirements, civil penalties and liability for cleanup costs for spills of oil and hazardous substances. A discharge of a particular substance may be exempted if the origin, source, and amount of the discharged substances are identified in the NDPES permit application or in the permit, if the permit contains a requirement for treatment of the discharge, and if the treatment is in place. To apply for an exclusion of the discharge of any hazardous substance from the requirements of section 311, attach additional sheets of paper to your form, setting forth the following information:
See 40 CFR §l17.12(a)(2) and (c), published on August 29, 1979, in 44 FR 50766, or contact your Regional Office (Table I on the General Information Form Instructions), for further information on exclusions from section 311.
This requirement applies to current use or manufacture of a toxic pollutant as an intermediate or final product or byproduct. The Director may waive or modify the requirement if you demonstrate that it would be unduly burdensome to identify each toxic pollutant and the Director has adequate information to issue your permit. You may not claim this information as confidential; however, you do not have to distinguish between use or production of the pollutants or list the amounts.
Self explanatory. The permitting authority may ask you to provide additional details after your application is received.
The Clean Water Act provides for severe penalties for submitting false information on this application form.
Section 309(c)(2) of the Clean Water Act provides that "Any person who knowingly makes any false statement, representation, or certification in any application, ... shall upon conviction, be punished by a fine of not more than $10,000 or by imprisonment of not more than six months, or by both."
40 CFR Part 122.22 requires the certification to be signed as follows:
by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal Agency includes (i) the chief executive officer of the Agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the Agency (e.g., Regional Administrators of EPA). Applications for Group II storm water dischargers may be signed by a duly authorized representative (as defined in 40 CFR 122.22(b)) of the individuals identified above.
|Table 2C-1: Codes for Treatment Units|
|Physical Treatment Processes|
|1-C||Diatomaceous Earth Filtration|
|1-P||Moving Bed Filters|
|1-R||Rapid Sand Filtration|
|1-V||Slow Sand Filtration|
|Chemical Treatment Processes|
|Biological Treatment Processes|
|3-F||Spray Irrigation/Land Application|
|4-A||Discharge to Surface Water|
|4-B||Ocean Discharge Through Outfall|
|4-C||Reuse/Recycle of Treated Effluent|
|Sludge Treatment and Disposal Processes|
|Table 2C-2: Testing Requirements for Organic Toxic Pollutants Industry Category *|
|Industry Category||GC/MS FRACTION 1|
|Adhesives and sealants||X||X||X||--|
|Auto and other laundries||X||X||X||X|
|Electric and electronic compounds||X||X||X||X|
|Gum and wood chemicals||X||X||X||X|
|Inorganic chemicals manufacturing||X||X||X||--|
|Iron and steel manufacturing||X||X||X||--|
|Leather tanning and finishing||X||X||X||X|
|Mechanical products manufacturing||X||X||X||--|
|Nonferrous metals manufacturing||X||X||X||X|
|Organic chemicals manufacturing||X||X||X||X|
|Paint and ink formulation||X||X||X||X|
|Photographic equipment and supplies||X||X||X||X|
|Plastic and synthetic materials manufacturing||X||X||X||X|
|Printing and publishing||X||X||X||X|
|Pulp and paperboard mills||X||X||X||X|
|Soap and detergent manufacturing||X||X||X||--|
|Steam electric power plants||X||X||X||--|
|Timber products processing||X||X||X||X|
X = Testing required.
-- = Testing not required.
* See note at conclusion of 40 CFR Part 122, Appendix D (1983) for explanation of effect of suspensions on testing requirements for primary industry categories.
1 The pollutants in each fraction are listed in Item V-C.
|Table 2C-3: Toxic Pollutants and Hazardous Substances|
Required to be Identified by Applicants, If Expected to be Present
|2,4-D (2,4-Dichlorophenoxyacetic acid)|
|2,4,5-T (2,4,5-Trichlorophenoxyacetic acid)|
|TDE (Tetrachlorodiphenyl ethane)|
|2,4,5-TP [2,(2,4,5- Trichlorophenoxy) propanoic acid]|
Table 2C-4: Hazardous Substances