Federal Register proposed rules — 1995-12-06

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FR Doc. 95-29735 Tebuthiuron; Tolerances
[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Pages 62364-62366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29735]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300403; FRL-4986-2]
RIN 2070-AC18

Tebuthiuron; Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA has completed the reregistration process and issued a 
Reregistration Eligibility Document (RED) for tebuthiuron. In the 
reregistration process, all information to support this pesticide's 
continued registration is reviewed for adequacy and, when needed, 
supplemented with new scientific studies. Based on the RED tolerance 
assessment for the pesticide chemical subject to this proposed rule, 
EPA is proposing to lower the tolerance for grass hay and grass 
rangeland forage and change the commodity name grass, rangeland forage 
to grass, forage.

DATES: Written comments, identified by the OPP document control number 
[OPP-300403], must be received on or before January 5, 1996.

ADDRESSES: By mail, submit comments to Public Response and Program 
Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, 401 M St., SW., Washington, DC 20460. In person, 
deliver comments to Rm. 1132, Crystal Mall #2, 1921 Jefferson Davis 
Hwy., Arlington, VA.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: [email protected]. Electronic 
comments must be submitted in ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on disks in WordPerfect in 5.1 file format or ASCII file 
format. All comments and data in electronic form must be identified by 
docket number [OPP-300403]. No CBI should be submitted through e-mail. 
Electronic comments on this proposed rule may be filed online at many 
Federeal Depository Libraries. Additional information on electronic 
submissions can be found below in this document.

FOR FURTHER INFORMATION CONTACT: By mail: Ben Chambliss, Special Review 

[[Page 62365]]
and Reregistration Division (7508W), Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. Office location: Special Review 
Branch, Crystal Station #1, 3rd Floor, 2800 Crystal Drive, Arlington, 
VA 22202, (703)-308-8174; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Legal Authorization

    The Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 301 et 
seq., authorizes the establishment of tolerances (maximum legal residue 
levels) and exemptions from the requirement of a tolerance for residues 
of pesticide chemicals in or on raw agricultural commodities pursuant 
to section 408 (21 U.S.C. 346(a)). Without such tolerances or 
exemptions, a food containing pesticide residues is considered to be 
``adulterated'' under section 402 of the FFDCA, and hence may not 
legally be moved in interstate commerce (21 U.S.C. 342). To establish a 
tolerance or an exemption under section 408 of the FFDCA, EPA must make 
a finding that the promulgation of the rule would ``protect the public 
health'' (21 U.S.C. 346a(b)). For a pesticide to be sold and 
distributed the pesticide must not only have appropriate tolerances 
under the FFDCA, but also must be registered under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136 et 
seq.).
    In 1988, Congress amended FIFRA and required EPA to review and 
reassess the potential hazards arising from currently registered uses 
of pesticides registered prior to November 1, 1984. As part of this 
process, the Agency must determine whether a pesticide is eligible for 
reregistration and if any subsequent actions are required to fully 
attain reregistration status. EPA has chosen to include in the 
reregistration process a reassessment of existing tolerances or 
exemptions from the need for a tolerance. Through this reassessment 
process, EPA can determine whether a tolerance must be amended, 
revoked, or established, or whether an exemption from the requirement 
of one or more tolerances must be amended or is necessary.
    The procedure for establishing, amending, or repealing tolerances 
or exemptions from the requirement of tolerances is set forth in the 
Code of Federal Regulations, 40 CFR parts 177 through 180. Pursuant to 
40 CFR 180.32, EPA is proposing the amendment of the following 
tolerances. The Administrator of EPA or any person may initiate an 
action proposing to establish, amend, revoke, or exempt a tolerance for 
a pesticide registered for food uses. Each petition or request for a 
new tolerance, an amendment to an existing tolerance, or a new 
exemption from the requirement of a tolerance must be accompanied by a 
fee. Current Agency policy on tolerance actions identified during the 
reregistration process is to waive the payment of fees if the tolerance 
action concerns revision or revocation of an established tolerance. 
Comments submitted in response to the Agency's published proposals are 
reviewed; the Agency then publishes its final determination regarding 
the specific tolerance actions.

II. Chemical-Specific Information and Proposed Actions

Tebuthiuron: Amendment to 40 CFR 180.390

    1. Regulatory background. Tebuthiuron is a nonselective soil 
activated herbicide used to control broadleaf and woody weeds, grasses, 
and brush on terrestrial feed crop and terrestrial nonfood crop sites. 
Tolerances exist for tebuthiuron use on grass hay and forage as well as 
secondary residues in meat of cattle, goats, horses, sheep, and in 
milk. Tebuthiuron was registered by the Elanco Products Co. in 1974. 
The registration was later transferred to DowElanco in 1989. A 
Registration Standard was issued in July 1987 for all pesticide 
products containing tebuthiuron. Under this standard, registrants were 
required to generate and supply missing data and to replace 
unacceptable data. In June 1994, the Agency issued the Reregistration 
Eligibility Document for Tebuthiuron. This document reflects a 
reassessment of all data submitted in response to the Registration 
Standard of Tebuthiuron.
    2. Proposed action--a. Lower the tolerance for grass hay and forage 
from 20 parts per million (ppm) to 10 ppm. A tolerance reduction from 
20 ppm to 10 ppm is recommended for grass hay and forage based on data 
showing that combined residues of tebuthiuron and it's regulated 
metabolites did not exceed 10 ppm on any grass forage or hay sample in 
field trials conducted under label conditions.
    b. Amend the commodity definition listed in 40 CFR 180.390 to 
conform to commodity definitions currently used by EPA to read as 
follows: ``Grass, rangeland, forage'' is proposed to read as ``Grass, 
forage''.

III. Public Comment Procedures

    Interested persons are invited to submit written comments, 
information, or data in response to this proposed rule. Comments must 
be submitted by January 5, 1996. Comments must bear a notation 
indicating the document control number. Three copies of the comments 
should be submitted to either location listed under ADDRESSES.
    Information submitted as a comment concerning this document may be 
claimed confidential by marking any or all of that information as 
``Confidential Business Information'' (CBI). Information so marked will 
not be disclosed except in accordance with procedures set forth in 40 
CFR part 2. A copy of a comment that does not contain CBI must be 
submitted for inclusion in the public record. Information not marked 
confidential may be disclosed publicly by EPA without prior notice.
    Any person who has registered or submitted an application for 
registration of a pesticide, under the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA) as amended, which contains any of the 
ingredients listed herein, may request within 30 days after publication 
of this document in the Federal Register that this rulemaking proposal 
be referred to an Advisory Committee in accordance with section 408(e) 
of the FFDCA.
    Documents considered and relied upon by EPA pertaining to this 
action, and all written comments filed pursuant to this proposed rule, 
will be available for public inspection in Rm. 1132, Crystal Mall #2, 
1921 Jefferson Davis Highway, Arlington, VA between 8 a.m. and 4:30 
p.m., Monday through Friday, except legal holidays. To satisfy 
requirements for analysis specified by Executive Order 12866 and the 
Regulatory Flexibility Act, EPA has considered the impacts of this 
proposal.
     A record has been established for this rulemaking under docket 
number [OPP-300403] (including comments and data submitted 
electronically as described below). A public version of this record, 
including printed, paper versions of electronic comments, which does 
not include any information claimed as CBI, is available for inspection 
from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The public record is located in Room 1132 of the Public 
Response and Program Resources Branch, Field Operations Division 
(7506C), Office of Pesticide Programs, Environmental Protection Agency, 
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
    Electronic comments can be sent directly to EPA at:

    opp-D[email protected]

[[Page 62366]]

    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption.
    The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer all comments received electronically into printed, 
paper form as they are received and will place the paper copies in the 
official rulemaking record which will also include all comments 
submitted directly in writing. The official rulemaking record is the 
paper record maintained at the address in ADDRESSES at the beginning of 
this document.

IV. Regulatory Assessment Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. Under section 3(f), 
the order defines a ``significant regulatory action'' as an action that 
is likely to result in a rule: (1) having an annual effect on the 
economy of $100 million or more, or adversely and materially affecting 
a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local or tribal 
governments or communities (also referred to as ``economically 
significant''); (2) creating serious inconsistency or otherwise 
interfering with an action taken or planned by another agency; (3) 
materially altering the budgetary impacts of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) raising novel legal or policy issues arising out of 
legal mandates, the President's priorities, or the principles set forth 
in this Executive Order.
    Pursuant to the terms of this Executive Order, it has been 
determined that this rule is not a ``significant regulatory action,'' 
because it does not meet any of the regulatory-significance criteria 
listed above.

B. Regulatory Flexibility Act

    This proposed rule has been reviewed under the Regulatory 
Flexibility Act of 1980 (Pub. L. 96-354; 94 Stat. 1164, 5 U.S.C. 601 et 
seq.), and EPA has determined that it will not have a significant 
economic impact on a substantial number of small businesses, small 
governments, or small organizations.
    Accordingly, I certify that this proposed rule does not require a 
separate regulatory flexibility analysis under the Regulatory 
Flexibility Act.

C. Paperwork Reduction Act

    This proposed regulatory action does not contain any information 
collection requirements subject to review by OMB under the Paperwork 
Reduction Act of 1980, 44 U.S.C. 3501 et seq.

D. Unfunded Mandates

    This proposed rule contains no Federal mandates under Title II of 
the Unfunded Mandates Reform Act of 1995. Pub. L. 104-4 for State, 
local, or tribal governments or the private sector because it would not 
impose enforceable duties on them.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: November 30, 1995.
Jack E. Housenger,
Chief, Special Review Branch, Special Review and Reregistration 
Division, Office of Pesticide Programs.

    Therefore, it is proposed that 40 CFR part 180 be amended as 
follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:

    Authority: 21 U.S.C. 346a and 371.

    2. In Sec. 180.390, by amending the table therein by revising the 
entries for grass, hay and grass, rangeland, forage to read as follows:

Sec. 180.390   Tebuthiuron; tolerances for residues.

* * * * *

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
                                * * * * *                               
Grass, hay.................................................         10.0
Grass, forage..............................................         10.0
                                                                        
                                * * * * *                               
------------------------------------------------------------------------

[FR Doc. 95-29735 Filed 12-5-95; 8:45 am]
BILLING CODE 6560-50-F

Complete official Federal Register PDF

FR Doc. 95-29734 Maleic Hydrazide, Oryzalin, Hexazinone, Streptomycin; Tolerance Actions
[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Pages 62361-62364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29734]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300405; FRL-4987-4]
RIN 2070-AC18

Maleic Hydrazide, Oryzalin, Hexazinone, Streptomycin; Tolerance 
Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: For each of the pesticides subject to the actions listed in 
this proposed rule, EPA has completed the reregistration process and 
issued a Reregistration Eligibility Decision (RED). In the 
reregistration process, all information to support a pesticide's 
continued registration is reviewed for adequacy and, when needed, 
supplemented with new scientific studies. Based on the RED tolerance 
assessments for the pesticide chemicals 

[[Page 62362]]
subject to this proposed rule, EPA is proposing to revoke various 
tolerances for maleic hydrazide, oryzalin, and hexazinone. This 
document also proposes to delete as surplusage the term ``negligible'' 
from a regulation on streptomycin.

DATES: EPA must receive written comments, identified by the OPP 
document control number [OPP-300405], on or before February 5, 1996.

ADDRESSES: By mail, submit comments to Public Response and Program 
Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, 401 M St., SW., Washington, DC 20460. In person, 
deliver comments to Rm. 1132, Crystal Mall #2, 1921 Jefferson Davis 
Highway, Arlington, VA.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: [email protected]. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on disks in WordPerfect in 5.1 file format or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket number [OPP-300405]. No Confidential Business Information 
(CBI) should be submitted through e-mail. Electronic comments on this 
proposed rule may be filed online at many Federal Depository Libraries. 
Additional information on electronic submissions can be found below in 
this document.

FOR FURTHER INFORMATION CONTACT: By mail: Jeff Morris, Special Review 
and Reregistration Division (7508W), Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. Office location: Special Review 
Branch, Crystal Station #1, 3rd Floor, 2800 Crystal Drive, Arlington, 
VA 22202. Telephone: (703)-308-8029; e-mail: 
[email protected].

I. Legal Authorization

    The Federal Food, Drug, and Cosmetic Act (FFDCA, 21 U.S.C. 301 et 
seq.) authorizes the establishment of tolerances (maximum legal residue 
levels) and exemptions from the requirement of a tolerance for residues 
of pesticide chemicals in or on raw agricultural commodities pursuant 
to section 408 (21 U.S.C. 346(a)). Without such tolerances or 
exemptions, a food containing pesticide residues is considered to be 
``adulterated'' under section 402 of the FFDCA, and hence may not 
legally be moved in interstate commerce (21 U.S.C. 342). To establish a 
tolerance or an exemption under section 408 of the FFDCA, EPA must make 
a finding that the promulgation of the rule would ``protect the public 
health'' (21 U.S.C. 346a(b)). For a pesticide to be sold and 
distributed, the pesticide must not only have appropriate tolerances 
under the FFDCA, but also must be registered under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136 et 
seq.).
    In 1988, Congress amended the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA, 7 U.S.C. 136 et seq.) and required EPA to 
review and reassess the potential hazards arising from currently 
registered uses of pesticides registered prior to November 1, 1984. As 
part of this process, the Agency must determine whether a pesticide is 
eligible for reregistration or whether any subsequent actions are 
required to fully attain reregistration status. EPA has chosen to 
include in the reregistration process a reassessment of existing 
tolerances or exemptions from the need for a tolerance. Through this 
reassessment process, based on more recent data, EPA can determine 
whether a tolerance must be amended, revoked, or established, or 
whether an exemption from the requirement of one or more tolerances 
must be amended or is necessary.
    The procedure for establishing, amending, or revoking tolerances or 
exemptions from the requirement of tolerances is set forth in 40 CFR 
parts 177 through 180. The Administrator of EPA, or any person by 
petition, may initiate an action proposing to establish, amend, revoke, 
or exempt a tolerance for a pesticide registered for food uses. Each 
petition or request for a new tolerance, an amendment to an existing 
tolerance, or a new exemption from the requirement of a tolerance must 
be accompanied by a fee. Current Agency policy on tolerance actions 
identified during the reregistration process is to waive the payment of 
fees if the tolerance action concerns revision or revocation of an 
established tolerance, or if the proposed exemption from the 
requirement of a tolerance requires the concurrent revocation of an 
approved tolerance. Comments submitted in response to the Agency's 
published proposals are reviewed, and the Agency then publishes its 
final determination regarding the specific tolerance actions.

II. Chemical-Specific Information and Proposed Actions

A. Maleic Hydrazide

    1. Regulatory history. In 1952, USDA registered maleic hydrazide 
for use as a growth regulator. EPA issued a Registration Standard for 
maleic hydrazide in 1988. In 1992, EPA issued a Data Call-In (DCI) 
notice for maleic hydrazide and the potassium salt of maleic hydrazide 
that required data to address ecological effects, environmental fate, 
and residue chemistry data gaps. EPA published a RED for maleic 
hydrazide in June 1994 that reflects a reassessment of all data 
submitted to date in response to the Registration Standard and the 1992 
DCI. The RED also conditions the maleic hydrazide reregistration on the 
cranberry tolerance revocation proposed in this document. Persons 
interested in the details of this reassessment are referred to the 
maleic hydrazide RED (NTIS #PB88-236849).
    2. Current proposal. EPA proposes to revoke the 15-ppm tolerance 
for maleic hydrazide residues in or on cranberries, as listed in 40 CFR 
180.175(b). EPA is proposing this action for two reasons: (1) The 
registrant is not supporting the use of maleic hydrazide on this 
commodity, and end-use maleic hydrazide labels do not list cranberries 
as a registered use (Two States, Massachusetts and New Jersey, had 
FIFRA section 24(c) (Special Local Need) registrations for the use of 
maleic hydrazide on cranberries in 1984 and 1985; EPA cancelled those 
registrations in 1991, and EPA believes that since 1992 there has been 
little or no usage of maleic hydrazide on cranberries in those States.) 
Therefore, no residues of maleic hydrazide are expected in or on 
cranberries, making a cranberry tolerance unnecessary. (2) Also, EPA 
does not have adequate nature-of-the-residue data to determine that the 
cranberry tolerance for maleic hydrazide is protective of the public 
health. A tolerance under section 408 of the Federal Food, Drug, and 
Cosmetic Act requires a finding that the tolerance will protect the 
public health, and to make such a finding for the established cranberry 
tolerance in 40 CFR 180.175(b), EPA needs adequate data on the nature 
of the residue (see 40 CFR part 158 for guidance on data requirements). 
To date, the Agency has not received these data.
    If during the comment period of this proposed rule no party 
indicates that it will support the use of maleic hydrazide on 
cranberries by providing the necessary data, EPA will issue a final 
rule revoking the tolerance.

B. Oryzalin

    1. Regulatory history. Oryzalin was first registered in the United 
States in 1974 for use as a preemergence herbicide in fruit and nut 
crops, vineyards, orchards, forest areas, noncrop areas, and 
agricultural crops. In 

[[Page 62363]]
1987, EPA issued a Registration Standard for oryzalin that evaluated 
the studies submitted to that date. EPA issued a DCI for oryzalin in 
1991 requiring additional phytotoxicity data, plant and animal 
analytical methods, and nondietary exposure data. The January 27, 1995 
RED for oryzalin reflects a reassessment of all data submitted in 
response to the Registration Standard and the DCI. The RED also 
conditions the oryzalin reregistration on the tolerance actions 
proposed in this document. The Agency refers persons interested in this 
reassessment to the oryzalin RED (NTIS publication #PB90-174137).
    2. Current proposal. EPA proposes to revoke the tolerances for 
oryzalin residues in or on the following commodities listed in 40 CFR 
180.304(a): cottonseed, .05 ppm; grain, barley, .05 ppm; grain, wheat, 
.05 ppm; peas (succulent), .05 ppm; potatoes, .05 ppm; and soybeans, .1 
ppm. EPA is proposing this action because the registrant is not 
supporting the use of oryzalin on these commodities, and end-use 
oryzalin labels do not list these commodities as registered uses (these 
have not been registered uses since before publication of the the 1987 
registration standard). As a result, residues of oryzalin in or on 
these commodities are not expected; therefore, the tolerances are not 
necessary.
    EPA previously issued a proposal to remove the above-named 
commodities from 40 CFR 180.304(a). (See the Federal Register of 
January 18, 1995 (60 FR 3611).) That proposal is superseded by this 
document.
    EPA has sufficient data to ascertain the adequacy of the 
established tolerances listed 40 CFR 180.304(a) for the above-named 
commodities. However, if no party indicates support for the use of 
oryzalin on these commodities during the comment period of this 
proposed rule, EPA will issue a final rule revoking the tolerances.

C. Hexazinone

    1. Regulatory history. EPA first registered hexazinone in 1975 for 
use as a broad-spectrum herbicide for general weed control. In 1982, 
EPA issued an initial Registration Standard for hexazinone, and in 1988 
EPA issued a second Registration Standard. The 1988 Standard summarized 
available data supporting the registration of hexazinone products and 
required additional product chemistry, residue chemistry, toxicology, 
ecological effects, and environmental fate data. The January 27, 1995 
RED for hexazinone represents an assessment of the data required by the 
Registration Standards. The RED also conditions the hexazinone 
reregistration on the tolerance actions proposed in this document. 
Persons interested in this reassessment should contact NTIS (telephone 
no. 703-487-4650) for a copy of the hexazinone RED.
    2. Current proposal. EPA proposes to revoke the tolerances for 
hexazinone residues in or on the following commodities in 40 CFR 
180.396: eggs, .1 ppm; poultry, fat, .1 ppm; poultry, meat, .1 ppm; 
poultry, mbyp, .1 ppm; pineapple, fodder, 5 ppm; and pineapple, forage, 
5 ppm.
    EPA is proposing to revoke the egg and poultry tolerances because 
the maximum residue expected in poultry tissues would be .005 ppm, an 
order of magnitude below the limit of detection for hexazinone 
metabolites, resulting in no detectible residues. Therefore, tolerances 
are not needed for hexazinone residues in or on eggs and poultry. The 
pineapple fodder and forage tolerances are proposed for revocation 
because EPA no longer regulates pineapple fodder and forage as raw 
agricultural commodities (since the Agency does not consider pineapple 
fodder and forage to be produced in significant quantities to warrant 
regulation).
    If no valid objections are raised during the comment period 
following this proposed rule, EPA will issue a final rule revoking the 
tolerances.

D. Streptomycin

    1. Regulatory history. Streptomycin has been used in the United 
States since the 1940s to treat bacterial infections in humans and was 
first registered as a pesticide in 1955. At that time, it was used 
primarily as a bactericide/fungicide on selected agricultural and 
nonagricultural crops. Other uses include seed treatment, residential 
use, and as an aquarium algaecide. In 1988, EPA issued a Registration 
Standard for streptomycin requiring data to support the registered uses 
regulated under FIFRA.
    EPA issued a RED for streptomycin on September 30, 1992, reflecting 
a reassessment of all data submitted in response to the Registration 
Standard. The RED also conditions the streptomycin reregistration on 
the tolerance action proposed in this document. Persons interested in 
this reassessment should contact NTIS (telephone no. 703-487-4650) for 
a copy of the streptomycin RED.
    2. Current proposal. EPA proposes to delete ``negligible'' from 40 
CFR 180.245 because in this case the term ``negligible'' is surplusage.

III. Public Comment Procedures

    EPA invites interested persons to submit written comments, 
information, or data in response to this proposed rule. Comments must 
be submitted by February 5, 1996. Comments must bear a notation 
indicating the document control number. Three copies of the comments 
should be submitted to either location listed under ADDRESSES at the 
beginning of this document.
    Information submitted as a comment concerning this document may be 
claimed confidential by marking any or all of that information as 
``Confidential Business Information'' (CBI). EPA will not disclose 
information so marked, except in accordance with procedures set forth 
in 40 CFR part 2. A second copy of such comments, with the CBI deleted, 
also must be submitted for inclusion in the public record. EPA may 
publicly disclose without prior notice information not marked 
confidential.
    Any person who has registered or submitted an application for 
registration of a pesticide under FIFRA, as amended, that contains any 
of the ingredients listed herein may request within 30 days after 
publication of this document in the Federal Register that this 
rulemaking proposal be referred to an Advisory Committee in accordance 
with section 408(e) of the FFDCA.
    Documents considered and relied upon by EPA pertaining to this 
action, and all written comments filed pursuant to this proposed rule, 
will be available for public inspection in Rm. 1132, Crystal Mall #2, 
1921 Jefferson Davis Highway, Arlington, VA between 8 a.m. and 4:30 
p.m., Monday through Friday, except for legal holidays.
     A record has been established for this rulemaking under docket 
number [OPP-300405] (including comments and data submitted 
electronically as described below). A public version of this record, 
including printed, paper versions of electronic comments, which does 
not include any information claimed as CBI, is available for inspection 
from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The public record is located in Room 1132 of the Public 
Response and Program Resources Branch, Field Operations Division 
(7506C), Office of Pesticide Programs, Environmental Protection Agency, 
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
    Electronic comments can be sent directly to EPA at:

    opp-D[email protected]

    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption. 

[[Page 62364]]

    The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer all comments received electronically into printed, 
paper form as they are received and will place the paper copies in the 
official rulemaking record which will also include all comments 
submitted directly in writing. The official rulemaking record is the 
paper record maintained at the address in ADDRESSES at the beginning of 
this document.

IV. Regulatory Assessment Requirements

    To satisfy requirements for analysis specified by Executive Order 
12866, the Regulatory Flexibility Act, the Paperwork Reduction Act, and 
the Unfunded Mandates Reform Act, EPA has analyzed the impacts of this 
proposal.

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency 
must determine whether the regulatory action is ``significant'' and 
therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. Under section 3(f), 
the order defines a ``significant regulatory action'' as an action that 
is likely to result in a rule: (1) having an annual effect on the 
economy of $100 million or more, or adversely and materially affecting 
a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or state, local or tribal 
governments or communities (also referred to as ``economically 
significant''); (2) creating serious inconsistency or otherwise 
interfering with an action taken or planned by another agency; (3) 
materially altering the budgetary impacts of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) raising novel legal or policy issues arising out of 
legal mandates, the President's priorities, or the principles set forth 
in this Executive Order.
    Pursuant to the terms of this Executive Order, EPA has determined 
that this rule is not a ``significant regulatory action,'' because it 
does not meet any of the regulatory-significance criteria listed above.

B. Regulatory Flexibility Act

    EPA has reviewed this proposed rule under the Regulatory 
Flexibility Act of 1980 (Pub. L. 96-354; 94 Stat. 1164, 5 U.S.C. 601 et 
seq.) and has determined that it will not have a significant economic 
impact on a substantial number of small businesses, small governments, 
or small organizations. Accordingly, I certify that this proposed rule 
does not require a separate regulatory flexibility analysis under the 
Regulatory Flexibility Act.

C. Paperwork Reduction Act

    This proposed regulatory action does not contain any information 
collection requirements subject to review by OMB under the Paperwork 
Reduction Act of 1980, 44 U.S.C. 3501 et seq.

D. Unfunded Mandates Reform Act

    This proposed rule contains no Federal mandates under Title II of 
the Unfunded Mandates Reform Act of 1995, Pub. L. 104-4, for State, 
local, or tribal governments or the private sector, because it would 
not impose enforceable duties on them.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: November 30, 1995.

Jack E. Housenger,
Chief, Special Review Branch, Special Review and Reregistration 
Division, Office of Pesticide Programs.

    Therefore, it is proposed that 40 CFR part 180 be amended as 
follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:

    Authority: 21 U.S.C. 346a and 371.

    2. In Sec. 180.175, by removing paragraph (b) and designating it as 
``reserved'' as follows:

Sec. 180.175   Maleic hydrazide; tolerances for residues.

* * * * *
    (b) [Reserved]

Sec. 180.245   [Amended]

    3. By amending Sec. 180.245 Streptomycin; tolerances for residues, 
by removing the term ``negligible'' from the text.

Sec. 180.304   [Amended]

    4. In Sec. 180.304 Oryzalin; tolerances for residues by amending 
paragraph (a) in the table therein by removing the entries for 
cottonseed; grain, barley; grain, wheat; peas (succulent); potatoes; 
and soybeans.

Sec. 180.396   [Amended]

    5. In Sec. 180.396 Hexazinone; tolerances for residues by amending 
paragraph (a) in the table therein by removing the entries for eggs; 
poultry, fat; poultry, mbyp; poultry, meat; pineapple, fodder; and 
pineapple, forage.
[FR Doc. 95-29734 Filed 12-5-95; 8:45 am]
BILLING CODE 6560-50-F

Complete official Federal Register PDF

FR Doc. 95-29722 Groundfish Fishery of the Bering Sea and Aleutian Islands; Limited Access; Foreign Fishing; Proposed 1996 Initial Harvest Specifications
[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Pages 62373-62381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29722]

=======================================================================
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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 611, 675, 676, and 677

[Docket No. 95112820-5280-01; I.D. 111495A]

Groundfish Fishery of the Bering Sea and Aleutian Islands; 
Limited Access; Foreign Fishing; Proposed 1996 Initial Harvest 
Specifications

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed 1996 initial specifications for groundfish and 
associated management measures; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes 1996 initial harvest specifications, prohibited 
species bycatch allowances, and associated measures for the groundfish 
fishery of the Bering Sea and Aleutian Islands management area (BSAI). 
This action is necessary to inform the public about proposed 1996 
harvest specifications and associated management measures. The intended 
effect is to conserve and manage the groundfish resources in the BSAI 
and to 

[[Page 62374]]
provide an opportunity for public participation in this process.

DATES: Comments must be submitted by January 4, 1996.

ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802-1668, Attn: Lori Gravel.
    The preliminary 1996 Stock Assessment and Fishery Evaluation (SAFE) 
report, dated September 1995, is available from the North Pacific 
Fishery Management Council, 605 West 4th Avenue, Suite 306, Anchorage, 
AK 99510-2252, 907-271-2817.

FOR FURTHER INFORMATION CONTACT: Ellen R. Varosi, 907-586-7228.

SUPPLEMENTARY INFORMATION: Groundfish fisheries in the BSAI are 
governed by Federal Regulations (50 CFR 675) that implement the Fishery 
Management Plan for the Groundfish Fishery of the Bering Sea and 
Aleutian Islands Area (FMP). Other applicable regulations are found at 
50 CFR 611.93 (Foreign Fishing) and 50 CFR part 676 (Limited Access 
Management of Federal Fisheries In and Off of Alaska) and 50 CFR part 
677 (North Pacific Fisheries Research Plan). The FMP was prepared by 
the North Pacific Fishery Management Council (Council) and approved by 
NMFS under the Magnuson Fishery Conservation and Management Act.
    The FMP and implementing regulations require NMFS, after 
consultation with the Council, to specify for each calendar year the 
total allowable catch (TAC) for each target species and the ``other 
species'' category, the sum of which must be within the optimum yield 
(OY) range of 1.4 million to 2.0 million metric tons (mt) 
(Sec. 675.20(a)(2)). Regulations under Sec. 675.20(a)(7)(i) further 
require NMFS to publish annually and solicit public comment on proposed 
annual TAC amounts, apportionments of each TAC, prohibited species 
catch (PSC) allowances, seasonal allowances of the pollock TAC, and 
seasonal allowances of the pollock Community Development Quota (CDQ) 
reserve. The specifications set forth in Tables 1-7 of this action 
satisfy these requirements. For 1996, the proposed sum of TAC amounts 
is 2.0 million mt. Under Sec. 675.20(a)(7)(ii), NMFS will publish the 
final annual specifications for 1996 after considering: (1) Comments 
received within the comment period (see DATES), and (2) consultations 
with the Council at its December 1995 meeting.
    The specified TAC amounts for each species are based on the best 
available biological and socioeconomic information. At its September 
and December meetings, the Council, its Advisory Panel, and its 
Scientific and Statistical Committee (SSC), annually review biological 
information about the condition of groundfish stocks in the BSAI. This 
information is compiled by the Council's BSAI Groundfish Plan Team 
(Plan Team) and is presented in the SAFE Report. The Plan Team annually 
produces such a report as the first step in the process of specifying 
TAC amounts. The SAFE Report contains a review of the latest scientific 
analyses and estimates of each species' biomass, maximum sustainable 
yield (MSY), acceptable biological catch (ABC) and other biological 
parameters, as well as summaries of the ecosystem and the economic 
condition of groundfish fisheries off Alaska. A preliminary 1996 SAFE 
Report, dated September 1995, provides an update on status of stocks. 
These preliminary assessments will be updated based on biological 
survey work done during the summer of 1995. Assessments will be made 
available by the Plan Team in November 1995 and included in the final 
edition of the 1996 SAFE Report. Final ABC amounts for the 1996 fishing 
year will be based on the most recent stock assessments. The proposed 
ABC amounts adopted by the Council for the 1996 fishing year are based 
on the best available scientific information, including projected 
biomass trends, information on assumed distribution of stock biomass, 
and revised technical methods used to calculate stock biomass.
    Regulations at Sec. 675.20(a)(7)(i) require that one-fourth of each 
proposed initial TAC (ITAC) amount and apportionment thereof, one-
fourth of each PSC allowance established under Sec. 675.21(b), and the 
first seasonal allowances of pollock become effective 0001 hours, 
A.l.t., January 1, on an interim basis and remain in effect until 
superseded by the final harvest specifications, which will be published 
in the Federal Register.
    NMFS is publishing, in the Rules and Regulations section of this 
Federal Register issue, interim TAC specifications and apportionments 
thereof for the 1996 fishing year that will become available 0001 
hours, Alaska local time, January 1, 1996, and remain in effect until 
superseded by the final 1996 harvest specifications.

Procedure for Estimating ABC

    The Council bases its calculation of ABC on the definition 
contained in 50 CFR part 602--Guidelines For Fishery Management Plans 
(602 Guidelines). The 602 Guidelines (Sec. 602.11(e)(1)) state that:

    ABC is a preliminary description of the acceptable harvest (or 
range of harvests) for a given stock or stock complex. Its 
derivation focuses on the status and dynamics of the stock, 
environmental conditions, other ecological factors, and prevailing 
technological characteristics of the fishery.

    The 602 Guidelines also provide the Council with the flexibility 
needed to define overfishing appropriate to the individual stock or 
species characteristics, as long as it is defined in a way that allows 
the Council and NMFS to evaluate the condition of the stock relative to 
the definition (Sec. 602.11(c)). Application of the overfishing 
definition requires some flexibility because the amount of data for 
different stocks varies. The calculations used to derive preliminary 
overfishing levels for a given stock or stock complex are described in 
the preliminary 1996 SAFE Report.
    Calculation of ABC varies among species, depending on the quality 
of available data and prior knowledge of a species' stock status. The 
Plan Team has adopted three steps for estimating ABC amounts. First, 
the exploitable biomass of a stock is estimated. Second, the ABC for a 
stock is calculated by multiplying an exploitation rate times the 
estimated exploitable biomass. Various exploitation rates or fishing 
mortality rates (F) may be used in this calculation, depending on the 
data available and the degree of risk the Plan Team is willing to 
accept. For example, the exploitation rate that would produce MSY 
(FMSY) may be used when the stock is known to be in good 
condition, high in abundance, and not in danger of drastic decline. 
When more conservative stock management is desirable, a F0.1 
harvest strategy is used to determine an exploitation rate. This 
strategy determines a level of F at which the marginal increase in 
yield-per-recruit due to an increase in F is 10 percent of the marginal 
yield-per-recruit in a newly exploited fishery. Recruitment refers to 
the growth of juvenile fish into the adult or exploitable population. 
Generally, F0.1 is a more conservative exploitation rate than 
FMSY. Another alternative is to use historical exploitation rates 
when historical fishery data indicate that a stock is not affected 
adversely by such rates. A switch in harvest strategy from F.35 to 
F=natural mortality rate (M) can be used when current maturity 
parameter estimates are unreliable. Finally, an empirical estimation of 
ABC based on historical catch levels may be used when information is 
insufficient to estimate the biomass of a stock. Details of 
overfishing, ABC, and other calculation procedures are discussed in 

[[Page 62375]]
the preliminary 1996 SAFE Report. This report is available from the 
Council (see ADDRESSES).
    The Plan Team's recommendations for preliminary ABC amounts for 
each species for 1996 and other biological data are provided in the 
preliminary 1996 SAFE Report. At its September 1995 meeting, the 
Council's SSC reviewed the Plan Team's preliminary recommendations for 
1996 ABC amounts. The SSC concurred with the Plan Team's 
recommendations except for Aleutian Basin (Bogoslof) pollock and 
Greenland turbot. The SSC's revisions to the ABC amounts for these two 
species are discussed below.
    Bogoslof Pollock. The Plan Team indicated in the preliminary 1996 
SAFE Report that the current estimate of biomass of Aleutian Basin 
pollock (1,020,000 mt) is conservative. This biomass estimate is based 
on the preliminary results from the 1995 hydroacoustic survey of the 
southeastern Aleutian Basin near Bogoslof Island, which indicated that 
the 1995 biomass is sustained almost entirely by 1988 and 1989 year 
classes. The Plan Team estimated an ABC for Bogoslof pollock of 265,000 
mt using the biomass estimate and a target exploitation rate of 26 
percent. However, the SSC used a more conservative exploitation 
strategy, based on a natural mortality rate of M=0.2 divided by 2 to 
derive an ABC of 102,000 mt.
    Greenland Turbot. The Plan Team used the stock synthesis model to 
estimate the ABC, which was updated with 1995 catch and survey data. 
The Plan Team maintained the 1996 ABC at the level recommended by the 
Plan Team last year (18,500 mt). However, the SSC recommended a 
continuation of the present 7,000 mt ABC for this species in 
recognition of continued poor recruitment and stock abundance levels 
since the early 1980's. The SSC's recommendation will be reevaluated in 
December, after an updated assessment analysis containing results from 
the bottom trawl survey for the 1996 estimate becomes available.
    The Council adopted the ABC amounts recommended by the SSC (Table 
1).

  Table 1.--Proposed 1996 Acceptable Biological Catch (ABC), Proposed Total Allowable Catch (TAC), Initial TAC  
    (ITAC), and Overfishing Levels (OFL) of Groundfish in the Bering Sea and Aleutian Islands Area (AI)\1\\2\   
----------------------------------------------------------------------------------------------------------------
                     Species                            ABC             TAC         ITAC=DAP/3/         OFL     
----------------------------------------------------------------------------------------------------------------
Pollock:                                                                                                        
    BS..........................................       1,250,000       1,250,000       1,062,500       1,500,000
    AI..........................................          56,600          56,600          48,110          60,400
    Bogoslof District...........................         102,000           1,000             850         102,000
Pacific cod.....................................         328,000         250,000         212,500         390,000
Sablefish:\4\                                                                                                   
    BS..........................................           1,600           1,600             680  ..............
    AI..........................................           2,200           2,200             468  ..............
                                                 ---------------------------------------------------------------
      Total.....................................           3,800           3,800           1,148           4,900
                                                 ===============================================================
Atka mackerel:                                                                                                  
    Western AI..................................          71,600          41,520          35,292  ..............
    Central AI..................................          19,300          11,200           9,520  ..............
    Eastern AI/BS...............................          47,100          27,280          23,188  ..............
                                                 ---------------------------------------------------------------
      Total.....................................         138,000          80,000          68,000         164,000
                                                 ===============================================================
Yellowfin sole..................................         277,000         190,000         161,500         319,000
Rock sole.......................................         347,000          60,000          51,000         388,000
Greenland turbot:                                                                                               
    BS..........................................           4,690           4,690           3,987  ..............
    AI..........................................           2,310           2,310           1,963  ..............
                                                 ---------------------------------------------------------------
      Total.....................................           7,000           7,000           5,950          27,200
                                                 ===============================================================
Arrowtooth flounder.............................         113,000          10,227           8,693         138,000
Flathead sole...................................         138,000          30,000          25,500         167,000
Other flatfish\5\...............................         117,000          19,540          16,609         137,000
Pacific ocean perch:                                                                                            
    BS..........................................           1,850           1,850           1,573           2,910
    AI..........................................          10,500          10,500           8,925          15,900
Other red rockfish:\6\ BS.......................           1,400           1,260           1,070           1,400
Sharpchin/Northern AI...........................           5,670           5,103           4,338           5,670
Shortraker/Rougheye AI..........................           1,220           1,098             933           1,220
Other rockfish:\7\                                                                                              
    BS..........................................             365             329             280             365
    AI..........................................             770             693             589             770
Squid...........................................           3,110           1,000             850           3,110
Other Species\8\................................          27,600          20,000          17,000         136,000
                                                 ---------------------------------------------------------------
      Totals....................................       2,929,885       2,000,000       1,697,918      3,564,845 
----------------------------------------------------------------------------------------------------------------
\1\Amounts are in metric tons. These amounts apply to the entire Bering Sea (BS) and Aleutian Islands (AI) area 
  unless otherwise specified. With the exception of pollock, and for the purpose of these specifications, the BS
  includes the Bogoslof District.                                                                               
\2\Zero amounts of groundfish are specified for Joint Venture Processing and Total Allowable Level of Foreign   
  Fishing.                                                                                                      
\3\Except for the portion of the sablefish TAC allocated to hook-and-line and pot gear, 0.15 of each TAC is put 
  into a reserve. The ITAC for each species is the remainder of the TAC after the subtraction of these reserves.
                                                                                                                

[[Page 62376]]
                                                                                                                
\4\Twenty percent of the sablefish hook-and-line gear or pot gear final TAC amount will be reserved for use by  
  Community Development Quota (CDQ) participants. (See Sec. 676.24(b)) Regulations at Sec. 675.20(c) do not     
  provide for the establishment of an ITAC for the hook-and-line and pot gear allocation for sablefish. The ITAC
  for sablefish reflected in Table 1 is for trawl gear only.                                                    
\5\``Other flatfish'' includes all flatfish species except for Pacific halibut (a prohibited species), flathead 
  sole, Greenland turbot, rock sole, and yellowfin sole.                                                        
\6\``Other red rockfish'' includes shortraker, rougheye, sharpchin, and northern.                               
\7\``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, sharpchin, 
  northern, shortraker, and rougheye.                                                                           
\8\``Other species'' includes sculpins, sharks, skates, eulachon, smelts, capelin, and octopus.                 

Proposed TAC Specifications

    The Council recommended adopting the Advisory Panel's 
recommendation for the 1996 BSAI TAC amounts, which equalled the 1995 
TAC amounts and apportionments with one exception. The apportionment of 
the Atka mackerel TAC among the Aleutian Island districts and the 
Bering Sea was proposed to be revised as follows: Western Aleutians--
41,520 mt (51.9 percent); Central Aleutians--11,200 (14.0 percent); and 
Eastern Aleutians and Bering Sea--27,280 mt (34.1 percent).
    The 1,000 mt TAC proposed for pollock of the Bogoslof subarea was 
intended by the Council only to provide sufficient amounts of pollock 
to meet bycatch needs in other fisheries. The Council will consider 
updated information on the status of this resource at its December 1995 
meeting to decide whether to allow a directed fishery under the final 
1996 specifications.
    The Council developed its TAC recommendations based on the 
preliminary ABC amounts as adjusted for other biological and 
socioeconomic considerations, including maintaining the total TAC 
within the required OY range of 1.4-2.0 million mt. Each of the 
Council's recommended TAC amounts for 1996 is equal to or less than the 
final 1996 ABC for each species category. Therefore, NMFS finds that 
the recommended proposed TAC amounts are consistent with the biological 
condition of groundfish stocks. The preliminary ABC and TAC amounts, 
initial TAC (ITAC) amounts, overfishing levels, and initial 
apportionments of groundfish in the BSAI area for 1996 are given in 
Table 1 of this action. The apportionment of TAC amounts among 
fisheries and seasons is discussed below.

Apportionment of TAC

    As required by Sec. 675.20(a)(3) and Sec. 675.20(a)(7)(i), each 
species' TAC initially is reduced by 15 percent, except the hook-and-
line and pot gear allocation for sablefish. The sum of these 15-percent 
amounts is the reserve. The reserve is not designated by species or 
species group, and any amount of the reserve may be reapportioned to a 
target species or the ``other species'' category during the year, 
providing that such reapportionments are consistent with 
Sec. 675.20(a)(2)(i) and do not result in overfishing.
    The ITAC for each target species and the ``other species'' category 
at the beginning of the year is apportioned between the domestic annual 
harvest (DAH) category and the total allowable level of foreign fishing 
(TALFF), if any. Each DAH amount is further apportioned between two 
categories of U.S. fishing vessels. The domestic annual processing 
(DAP) category includes U.S. vessels that process their catch on board 
or deliver it to U.S. fish processors. The joint venture processing 
(JVP) category includes U.S. fishing vessels working in joint ventures 
with foreign processing vessels authorized to receive catches in the 
exclusive economic zone.
    In consultation with the Council, the initial amounts of DAP and 
JVP are determined by the Director, Alaska Region, NMFS (Regional 
Director). Consistent with the final 1991-95 initial specifications, 
the Council recommended that 1996 DAP specifications be set equal to 
ITAC and that no groundfish be allocated to JVP and TALFF. In making 
this recommendation, the Council considered the capacity of DAP 
harvesting and processing operations and anticipated that 1996 DAP 
operations would harvest the full TAC specified for each BSAI 
groundfish species category. The proposed ABC amounts, proposed TAC and 
ITAC amounts, overfishing levels, and initial apportionments of 
groundfish in the BSAI area for 1996 are given in Table 1.
    These proposed specifications are subject to change as a result of 
public comment, analysis of the current biological condition of the 
groundfish stocks, new information regarding the fishery, and 
consultation with the Council at its meeting scheduled for December 4-
11, 1995.

Seasonal Allowances of Pollock TAC

    Under Sec. 675.20(a)(2)(ii), the TAC of pollock for each subarea or 
district of the BSAI area is divided, after subtraction of reserves 
(Sec. 675.20(a)(3)), into two seasonal allowances. The first allowance 
will be available for directed fishing from January 1 to April 15 (roe 
season) and the second allowance will be available from August 15 
through the end of the fishing year (non-roe season). In 1995, the 
opening of the pollock roe season was delayed for the offshore 
component fishery to January 26th (Sec. 675.23(e)(2)). On September 18, 
1995, a notice of proposed rulemaking was published in the Federal 
Register (60 FR 48087) that, if approved by NMFS, would continue to 
authorize a delay of the offshore component roe fishery.
    The Council recommended that the seasonal allowances for the Bering 
Sea pollock roe and non-roe seasons be specified at 45 percent and 55 
percent of the ITAC amounts, respectively (Table 2). These seasonal 
apportionments are unchanged from 1995. As in past years, the pollock 
TAC amounts specified for the Aleutian Islands subarea and the Bogoslof 
District are not seasonally apportioned.
    When specifying seasonal allowances of the pollock TAC, the Council 
and NMFS consider the following nine factors as specified in section 
14.4.10 of the FMP:
    1. Estimated monthly pollock catch and effort in prior years;
    2. Expected changes in harvesting and processing capacity and 
associated pollock catch;
    3. Current estimates of, and expected changes in, pollock biomass 
and stock conditions; conditions of marine mammal stocks; and biomass 
and stock conditions of species taken as bycatch in directed pollock 
fisheries;
    4. Potential impacts of expected seasonal fishing for pollock on 
pollock stocks, marine mammals, and stocks and species taken as bycatch 
in directed pollock fisheries;
    5. The need to obtain fishery-related data during all or part of 
the fishing year;
    6. Effects on operating costs and gross revenues;
    7. The need to spread fishing effort over the year, minimize gear 
conflicts, and allow participation by various elements of the 
groundfish fleet and other fisheries;
    8. Potential allocative effects among users and indirect effects on 
coastal communities; and
    9. Other biological and socioeconomic information that affects the 
consistency 

[[Page 62377]]
of seasonal pollock harvests with the goals and objectives of the FMP.
    The publication of the final 1995 initial groundfish and PSC 
specifications (60 FR 8479; February 14, 1995) summarizes Council 
findings with respect to each of the FMP considerations set forth 
above. At this time, the Council's findings are unchanged from those 
set forth for 1995.

Apportionment of the Pollock TAC to the Inshore and Offshore 
Components

    Regulations at Sec. 675.20(a)(2)(iii) require that the proposed 
pollock ITAC amounts specified for the BSAI be allocated between the 
inshore and offshore processing components. These regulations are 
scheduled to expire at the end of 1995 although the Council has adopted 
Amendment 38 to the FMP and NMFS approved that amendment. Amendment 38 
would continue apportionment of the pollock ITAC amounts between the 
inshore and offshore components. NMFS published a notice of proposed 
rulemaking in the Federal Register (60 FR 48087; September 18, 1995) 
that would extend these regulations and a final rule will be issued 
shortly. Consequently, in these proposed specifications, the pollock 
ITAC is apportioned between the inshore and offshore sectors as 
specified in the proposed rule. For the purpose of this action, the 
inshore and offshore components would be apportioned 35 percent and 65 
percent, respectively, of the pollock ITAC specified for each subarea 
or district (Table 2).

  Table 2.--Seasonal Allowances of the Inshore and Offshore Component Allocations of Pollock TAC Amounts\1\\2\  
----------------------------------------------------------------------------------------------------------------
                     Subarea                            TAC           ITAC\3\       Roe season    Non-roe season
----------------------------------------------------------------------------------------------------------------
Bering Sea:\4\\5\                                                                                               
    Inshore.....................................  ..............         371,875         167,344         204,531
    Offshore....................................  ..............         690,625         310,781         379,844
                                                 ---------------------------------------------------------------
                                                       1,250,000       1,062,500         478,125         584,375
Aleutian Islands:                                                                                               
    Inshore.....................................  ..............          16,838          16,838           (\6\)
    Offshore....................................  ..............          31,272          31,272           (\6\)
                                                 ---------------------------------------------------------------
                                                          56,600          48,110          48,110           (\6\)
Bogoslof:                                                                                                       
    Inshore.....................................  ..............             298             298           (\6\)
    Offshore....................................  ..............             552             552           (\6\)
                                                 ---------------------------------------------------------------
                                                           1,000             850             850           (\6\)
----------------------------------------------------------------------------------------------------------------
\1\TAC = total allowable catch.                                                                                 
\2\Based on an offshore component allocation of 0.65(TAC) and an inshore component allocation of 0.35(TAC).     
\3\ITAC = initial TAC = 0.85 of TAC.                                                                            
\4\January 1 through April 15--based on a 45/55 split (roe = 45 percent).                                       
\5\August 15 through December 31--based on a 45/55 split (non-roe = 55 percent).                                
\6\Remainder.                                                                                                   

Pollock CDQ Allocations

    Regulations at Sec. 675.20(a)(3)(ii) require that one-half of the 
pollock TAC placed in the reserve for each subarea or district, or 7.5 
percent of each TAC, be assigned to a Community Development Quota (CDQ) 
reserve for each subarea or district. These regulations expire on 
December 31, 1995, although the Council has adopted Amendment 38 to the 
FMP and NMFS has approved that amendment. Amendment 38 would extend the 
CDQ Program for 3 additional years. A notice of proposed rulemaking was 
published in the Federal Register on September 18, 1995 (60 FR 48087) 
and a final rule is expected to be issued shortly. If the pollock TAC 
amount remains as specified in Table 1, the 1996 CDQ reserve amounts 
for each subarea would be as follows:

----------------------------------------------------------------------------------------------------------------
         BSAI Subarea                   Pollock CDQ                 Roe season               Non-roe season     
----------------------------------------------------------------------------------------------------------------
Bering Sea....................  93,750 mt.................  42,188 mt................  51,562 mt.               
Aleutian Islands..............  4,245 mt..................  4,245 mt.................  Remainder.               
Bogoslof......................  75 mt.....................  75 mt....................  Remainder.               
----------------------------------------------------------------------------------------------------------------

    Under the proposed regulations that would govern the CDQ program, 
NMFS may allocate the 1996 pollock CDQ reserves to eligible Western 
Alaska communities or groups of communities that have an approved 
Community Development Plan (CDP). The State of Alaska received six CDP 
applications pursuant to Sec. 675.27 and State of Alaska regulations at 
6 AAC 93. All six applications were submitted in conformance with both 
sets of regulations and have been fully reviewed by the State and the 
Council. The NMFS-approved allocations of the 1996 CDQ reserve to the 
successful CDP recipients are expected to be published in the Federal 
Register prior to the 1996 fishing year.

Apportionment of Pollock TAC to the Nonpelagic Trawl Gear Fishery

    Regulations at Sec. 675.24(c)(2) authorize NMFS, in consultation 
with the Council, to limit the amount of pollock TAC that may be taken 
in the directed fishery for pollock using nonpelagic trawl gear. This 
authority is intended to reduce the amount of halibut and crab 

[[Page 62378]]
bycatch that occurs in nonpelagic trawl operations.
    The Council did not propose to limit the amount of pollock TAC that 
may be taken in the 1996 directed fishery for pollock by vessels using 
nonpelagic trawl gear. However, the Council will consider limiting the 
pollock TAC amounts that may be harvested by vessels using nonpelagic 
trawl gear at its December 1995 meeting, pending information on 
prohibited species bycatch amounts in the 1995 pelagic and nonpelagic 
trawl gear fisheries and an assessment of the effectiveness of 
regulations at Sec. 675.7(n) to reduce halibut and crab bycatch in the 
pelagic trawl fishery.

Proposed Allocation of the Pacific Cod TAC

    Under Sec. 675.20(a)(2)(iv), 2 percent of the Pacific cod ITAC is 
allocated to vessels using jig gear, 44 percent to vessels using hook-
and-line gear or pot gear, and 54 percent to vessels using trawl gear. 
At its September 1995 meeting, the Council proposed to roll over the 
1995 seasonal apportionments of the portion of the Pacific cod TAC 
allocated to the hook-and-line and pot gear fisheries. The seasonal 
apportionments are intended to provide for the harvest of Pacific cod 
when flesh quality and market conditions are optimum and Pacific 
halibut bycatch rates are low. The Council's recommendations for 
seasonal apportionments are set out in Table 3 and are unchanged from 
the percentages of seasonal apportionments specified for 1995 (60 FR 
8479; February 14, 1995). These seasonal apportionments were based on: 
(1) Seasonal distribution of Pacific cod relative to prohibited species 
distributions, (2) expected variations in prohibited species bycatch 
rates experienced in the Pacific cod fisheries throughout the year, and 
(3) economic effects of any seasonal apportionment of Pacific cod on 
the hook-and-line and pot gear fisheries.

                         Table 3.--1996 Gear Shares of the BSAI Pacific Cod Initial TAC                         
----------------------------------------------------------------------------------------------------------------
                                                                            Seasonal Apportionment              
                Gear                  Percent     Share of  ----------------------------------------------------
                                       of TAC    ITAC (mt)               Date              Percent   Amount (mt)
----------------------------------------------------------------------------------------------------------------
Jig................................          2        4,250  Jan. 1-Dec. 31.............        100        4,250
Hook-and-line......................         44       93,500  Jan. 1-Apr. 30.............         73    \1\68,000
Pot gear...........................  .........  ...........  May 1-Aug. 31..............         19       18,000
                                     .........  ...........  Sep. 1-Dec. 31.............          8        7,500
Trawl gear.........................         54      114,750  Jan. 1-Dec. 31.............        100      114,750
                                    ----------------------------------------------------------------------------
      Total........................        100     212,500                                                      
----------------------------------------------------------------------------------------------------------------
\1\Any portion of the first seasonal apportionment that is not harvested by the end of the first season will    
  become available on September 1, the beginning of the third season.                                           

Sablefish Gear Allocation and Sablefish CDQ Allocations

    Regulations under Sec. 675.24(c)(1) require that sablefish TAC 
amounts for BSAI subareas be divided between trawl and hook-and-line/
pot gear types. Gear allocations of TAC amounts are specified in the 
following proportions: Bering Sea subarea: Trawl gear--50 percent; 
hook-and-line/pot gear--50 percent; and Aleutian Islands subarea: Trawl 
gear--25 percent; hook-and-line/pot gear--75 percent. In addition, 
regulations under Sec. 676.24(b) require NMFS to withhold 20 percent of 
the hook-and-line and pot gear sablefish allocation as a sablefish CDQ 
reserve. Gear allocations of sablefish TAC amounts and CDQ reserve are 
specified in Table 4.

                        Table 4.--1996 Gear Shares and CDQ Reserve Of BSAI Sablefish TAC                        
----------------------------------------------------------------------------------------------------------------
                                                                                           Initial              
              Subarea                   Gear     Percent of       Share of TAC (mt)          TAC      CDQ Share 
                                                  TAC (mt)                                 (mt)\1\              
----------------------------------------------------------------------------------------------------------------
Bering Sea\2\......................      Trawl           50  800........................        680          N/A
                                     Hook-and-           50  800........................        N/A          160
                                      line/pot                                                                  
                                       gear\3\                                                                  
                                               -----------------------------------------------------------------
      Total........................  .........  ...........  ...........................        680  ...........
Aleutian Islands...................      Trawl           25  550........................        468          N/A
                                     Hook-and-           75  1,650......................        N/A          330
                                      line/pot                                                                  
                                       gear\3\                                                                  
                                               -----------------------------------------------------------------
      Total........................  .........  ...........  ...........................        468         490 
----------------------------------------------------------------------------------------------------------------
\1\Except for the sablefish hook-and-line and pot gear allocation, 0.15 of TAC is apportioned to reserve. The   
  ITAC is the remainder of the TAC after the subtraction of these reserves.                                     
\2\Includes Bogoslof District.                                                                                  
\3\For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 0.20 of the       
  allocated TAC is reserved for use by CDQ participants. Regulations at Sec. 675.20(a)(3) do not provide for the
  establishment of an ITAC for sablefish hook-and-line or pot gear.                                             

[[Page 62379]]

Allocation of PSC Limits for Crab, Halibut, and Herring

    PSC limits of red king crab and C. bairdi Tanner crab in Bycatch 
Limitation Zones (50 CFR 675.2) of the BS subarea, and for Pacific 
halibut throughout the BSAI area are specified under Sec. 675.21(a). At 
this time, the 1996 PSC limits are:
    1. Zone 1 trawl fisheries, 200,000 red king crabs;
    2. Zone 1 trawl fisheries, 1 million C. bairdi Tanner crabs;
    3. Zone 2 trawl fisheries, 3 million C. bairdi Tanner crabs;
    4. BSAI trawl fisheries, 3,775 mt mortality of Pacific halibut;
    5. BSAI nontrawl fisheries, 900 mt mortality of Pacific halibut; 
and
    6. BSAI trawl fisheries, 1,861 mt Pacific herring.
    The PSC limit of Pacific herring caught while conducting any trawl 
operation for groundfish in the BSAI is 1 percent of the annual eastern 
Bering Sea herring biomass. At this time, the best estimate of 1996 
herring biomass is 186,000 mt. This amount was derived using 1994 
survey data and an age-structured biomass projection model developed by 
the Alaska Department of Fish and Game (ADF&G). Therefore, the proposed 
herring PSC limit for 1996 is 1,861 mt. This value is subject to 
change, pending an updated forecast analysis of 1995 herring survey 
data that will be presented to the Council by the ADF&G during the 
Council's December 1995 meeting.
    Regulations under Sec. 675.21(b) authorize the apportionment of 
each PSC limit into PSC allowances for specified fishery categories. 
Regulations at Sec. 675.21(b)(1)(iii) specify seven fishery categories 
(midwater pollock, Greenland turbot/arrowtooth flounder/sablefish, rock 
sole/flathead sole/other flatfish, yellowfin sole, rockfish, Pacific 
cod, and bottom pollock/Atka mackerel/``other species''). Regulations 
at Sec. 675.21(b)(2) authorize the apportionment of the nontrawl 
halibut PSC limit among three fishery categories (Pacific cod hook-and-
line fishery, groundfish pot gear fishery, and other nontrawl 
fisheries). The PSC allowances for trawl and nontrawl are listed in 
Table 5. In general, the preliminary 1996 fishery bycatch allowances 
listed in Table 5 reflect the recommendations made to the Council by 
its Advisory Panel. These recommendations are unchanged from 1995, 
except for halibut in the Greenland turbot/arrowtooth flounder/
sablefish category. A halibut bycatch allowance equal to zero is 
proposed for this fishery category in 1996. This means that directed 
fisheries for these species by vessels using trawl gear would be 
prohibited. This action is proposed for the following reasons.
    First, the management of the halibut bycatch allowance specified 
for the Greenland turbot/arrowtooth flounder/sablefish fishery category 
in past years has proved very difficult. In 1995, NMFS had provided for 
only a 3-day fishery for Greenland turbot to maintain halibut bycatch 
mortality within the specified allowance of 120 mt. After the fishery 
had closed, NMFS determined that the halibut bycatch mortality 
experienced during this 3-day fishery totaled 282 mt, or 235 percent of 
the specified allowance.
    Second, existing regulations allow Greenland turbot, sablefish, or 
arrowtooth to be retained as bycatch in other trawl fisheries provided 
that retained amounts do not exceed maximum retainable bycatch amounts 
as calculated under Sec. 675.20(h). Last, the halibut bycatch mortality 
that had been apportioned to this fishery category in 1995 (120 mt) is 
proposed to be equally redistributed among the yellowfin sole, rock 
sole/flathead sole/other flatfish and the Pacific cod fishery 
categories. The intent of this action is to better optimize the amount 
of total groundfish catch harvested under the halibut PSC limit 
established for the trawl gear fisheries.
    The proposed apportionments of the PSC limits among specified trawl 
and nontrawl fisheries were based on last year's final recommendations 
that incorporated 1993 and 1994 bycatch amounts, anticipated 1996 
harvest of groundfish by trawl gear and fixed gear, and assumed halibut 
mortality rates in the different groundfish fisheries based on analyses 
of 1993-1994 observer data.
    Regulations at Sec. 675.21(b)(2) authorize exemption of specified 
nontrawl fisheries from the halibut PSC limit. As in 1995, the Council 
proposes to exempt pot gear and the hook-and-line sablefish fishery 
from the nontrawl halibut limit for 1996. The Council proposed this 
exemption because of the low halibut bycatch mortality experienced in 
the pot gear fisheries (7 mt in 1995) and because of the 1995 
implementation of the sablefish and halibut IFQ program, which would 
allow legal-sized halibut to be retained in the sablefish fishery.

   Table 5.--Preliminary 1996 Prohibited Species Bycatch Allowances for the BSAI Trawl and Nontrawl Fisheries   
----------------------------------------------------------------------------------------------------------------
                         Trawl fisheries                              Zone 1          Zone 2         BSAI-wide  
----------------------------------------------------------------------------------------------------------------
Red king crab, number of animals:                                                                               
    yellowfin sole..............................................          50,000                                
    rcksol/otherflat/flathead sole..............................          10,000                                
    rockfish....................................................               0                                
    turb/arrow/sab/rockfish\1\..................................               0                                
    Pacific cod.................................................          10,000                                
    plck/Atka/other\2\..........................................          30,000                                
                                                                 -----------------                              
      Total.....................................................         200,000                                
C. bairdi Tanner crab, number of animals:                                                                       
    yellowfin sole..............................................         225,000       1,525,000                
    rcksol/oth.flat/flathead sole...............................         475,000         510,000                
    turb/arrow/sabl.............................................               0           5,000                
    rockfish....................................................               0          10,000                
    Pacific cod.................................................         225,000         260,000                
    plck/Atka/other.............................................          75,000         690,000                
                                                                 ---------------------------------              
      Total.....................................................       1,000,000       3,000,000                
Pacific halibut, mortality (mt):                                                                                
    yellowfin sole..............................................                                             790
    rcksol/oth.flat.............................................                                             730
    turb/arrow/sabl.............................................                                              0 

[[Page 62380]]
                                                                                                                
    rockfish....................................................                                             110
    Pacific cod.................................................                                           1,590
    plck/Atka/other.............................................                                             555
                                                                                                 ---------------
      Total.....................................................                                           3,775
Pacific herring, mt:                                                                                            
    midwater pollock............................................                                           1,345
    yellowfin sole..............................................                                             315
    rcksol/oth.flat.............................................                                               0
    turb/arrow/sabl.............................................                                               0
    rockfish....................................................                                               8
    Pacific cod.................................................                                              24
    plck/Atka/other\3\..........................................                                             169
                                                                                                 ---------------
      Total.....................................................                                           1,861
Nontrawl fisheries:                                                                                             
    Pacific halibut, mortality (mt).............................                                             725
    Pacific cod Hook-and-line...................................                                             175
Other nontrawl:                                                                                                 
    Sablefish hook-and-line gear................................                                             \4\
    Groundfish pot gear.........................................                                             \4\
    Groundfish jig gear.........................................                                             \4\
                                                                 -----------------------------------------------
      Total.....................................................                                             900
----------------------------------------------------------------------------------------------------------------
\1\Greenland turbot, arrowtooth flounder, and sablefish fishery category.                                       
\2\Pollock, Atka mackerel, and ``other species'' fishery category.                                              
\3\Pollock other than midwater pollock, Atka mackerel, and ``other species'' fishery category.                  
\4\Exempt.                                                                                                      

    At its September 1995 meeting, the Council recommended that the 
proposed halibut bycatch allowances listed in Table 5 be apportioned 
seasonally as shown in Table 6. The prohibited species bycatch 
allowances and the seasonal apportionment of those allowances will be 
subject to change at the December 1995 Council meeting, pending public 
comments, year-to-date information on bycatch performance and updated 
information on anticipated fishing patterns in 1996.
    For purposes of monitoring the fishery halibut bycatch mortality 
allowances specified in Table 6, the Regional Director will use 
observed halibut bycatch rates and reported and observed groundfish 
catch to project when a fishery's halibut bycatch mortality allowance 
is reached. The Regional Director monitors the fishery bycatch 
mortality allowances using assumed mortality rates that are based on 
the best information available.

 Table 6.--Proposed Seasonal Apportionments of the 1996 Pacific Halibut 
      Bycatch Allowances for the BSAI Trawl and Nontrawl Fisheries      
------------------------------------------------------------------------
                                                             Seasonal   
                                                              bycatch   
                                                            allowances  
                                                           (mt halibut) 
------------------------------------------------------------------------
Fishery Trawl Gear:                                                     
Yellowfin sole:                                                         
    Jan. 20-Jul. 31.....................................             295
    Aug. 1-Dec. 31......................................             495
                                                         ---------------
      Total.............................................             790
                                                         ===============
Rock sole/flathead sole/``other flatfish'':                             
    Jan. 20-Mar. 31.....................................             453
    Apr. 1-Jun. 30......................................             190
    Jul. 1-Dec. 31......................................              87
                                                         ---------------
      Total.............................................             730
                                                         ===============
Turbot/arrowtooth flounder/sablefish:                                   
      Total.............................................               0
Rockfish:                                                               
    Jan. 20-Mar. 31.....................................              30
    Apr. 1-Jun. 30......................................              60
    Jul. 1-Dec. 31......................................              20
                                                         ---------------
      Total.............................................             110
                                                         ===============

[[Page 62381]]
                                                                        
Pacific cod:                                                            
    Jan. 20-Jun. 30.....................................           1,487
    Jul. 1-Dec. 31......................................             103
                                                         ---------------
      Total.............................................           1,590
                                                         ===============
Pollock/Atka mackerel/``other species'':                                
    Jan. 20-Apr. 15.....................................             455
    Apr. 16-Dec. 31.....................................             100
                                                         ---------------
      Total.............................................             555
                                                         ===============
        Total Trawl Halibut Mortality...................           3,775
                                                         ===============
Fishery Nontrawl Gear:                                                  
Pacific cod:                                                            
    Jan. 1-Apr. 30......................................             475
    May. 1-Aug. 31......................................              40
    Sep. 1-Dec. 31......................................             210
                                                         ---------------
      Total.............................................             725
Other nontrawl..........................................             175
Sablefish hook-and-line.................................           (\1\)
Groundfish pot..........................................           (\1\)
Groundfish jig gear.....................................           (\1\)
                                                         ---------------
        Total Nontrawl Halibut Mortality................            900 
------------------------------------------------------------------------
\1\Exempt.                                                              

    Preliminary assumed halibut mortality rates recommended by the 
International Pacific Halibut Commission (IPHC) for the 1996 BSAI 
groundfish fisheries are listed in Table 7. These mortality rates are 
based on an average of mortality rates determined from NMFS observer 
data collected during 1993 and 1994, except for the BSAI trawl 
arrowtooth flounder fishery, which is based on data from 1991 and 1992, 
the 2 most recent years the fishery operated. The Council proposed that 
revised halibut discard mortality rates recommended by the IPHC be 
adopted for purposes of monitoring halibut bycatch mortality limits 
established for the 1996 groundfish fisheries.
    For most fisheries, the 1993-94 averages, on which the 1996 
recommendations are based, are somewhat lower than the actual rates 
used in 1995. After the December 1995 Council meeting, NMFS will 
consider all available data and public comments and will publish 
preseason assumed halibut mortality rates in the Federal Register as 
part of the final 1996 initial specifications of groundfish TAC 
amounts. However, the Council noted that the sablefish hook-and-line 
halibut fishery bycatch mortality rate is based on the fishery before 
the IFQ program was initiated and that the IPHC may have new data at 
the December 1995 meeting that would help reassess the halibut 
mortality rate in this fishery.

 Table 7.--Assumed Pacific Halibut Mortality Rates Proposed for the BSAI
                          Fisheries During 1996                         
------------------------------------------------------------------------
                                                                Assumed 
                                                               mortality
                                                               (percent)
------------------------------------------------------------------------
Hook-and-Line Gear Fisheries:                                           
  BSAI sablefish.............................................        27 
  BSAI rockfish..............................................        24 
  BSAI Greenland turbot......................................        18 
  BSAI Pacific cod...........................................        13 
Trawl Gear Fisheries:                                                   
  midwater pollock...........................................        86 
  Rockfish...................................................        77 
  bottom pollock.............................................        77 
  Pacific cod................................................        77 
  yellowfin sole.............................................        74 
  rock sole/flathead sole/other flatfish.....................        74 
  Atka mackerel..............................................        61 
  Greenland turbot...........................................        51 
  arrowtooth.................................................        49 
Pot Gear Fisheries--Pacific cod..............................         7 
------------------------------------------------------------------------

Groundfish PSC Limits

    Section 675.20(a)(6) authorizes NMFS to specify PSC limits for 
groundfish species or species groups for which the TAC will be 
completely harvested by domestic fisheries. These PSC limits apply only 
to JVP or TALFF fisheries. At this time, no groundfish are allocated to 
either JVP or TALFF and specifications of groundfish PSC limits are 
unnecessary.

Classification

    This action is authorized under 50 CFR 611.93(b), 675.20, and 
676.20 and is exempt from review under E.O. 12866.
    A draft environmental assessment (EA) on the allowable harvest 
levels set forth in the final 1996 SAFE Report will be available for 
public review at the December 4-8, 1995, Council meeting. After the 
December meeting, a final EA will be prepared on the final 1996 TAC 
amounts recommended by the Council.
    Consultation pursuant to section 7 of the Endangered Species Act 
has been initiated for the 1996 BSAI initial specifications.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: December 1, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-29722 Filed 12-5-95; 8:45 am]
BILLING CODE 3510-22-W

Complete official Federal Register PDF

FR Doc. 95-29719 Occupational Exposure to Methylene Chloride
[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Pages 62360-62361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29719]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915 and 1926

[Docket No. H-071B]

Occupational Exposure to Methylene Chloride

AGENCY: Occupational Safety and Health Administration (OSHA), 
Department of Labor.

ACTION: Proposed rule; Limited reopening of the rulemaking record.

-----------------------------------------------------------------------

SUMMARY: On October 24, 1995, the Occupational Safety and Health 
Administration (OSHA) reopened the record (60 FR 54462) for the 
proposed revision of the regulation of methylene chloride (MC) (56 FR 
57036, November 7, 1991) to incorporate recently concluded research on 
MC carcinogenicity.

[[Page 62361]]

    The studies incorporated in the October 24 notice address the 
mechanism by which MC metabolites induce lung and liver cancer in mice 
and draw conclusions regarding the relevance of the mouse data to the 
assessment of human cancer risk. OSHA determined that those studies are 
relevant to full consideration of concerns raised by the MC rulemaking 
and reopened the record until November 24, 1995, to allow the public an 
opportunity to comment.
    The October 24 notice generated substantially more interest than 
OSHA anticipated and the Agency is concerned that the initial 30 days 
was insufficient to allow full participation by interested parties. 
Accordingly, OSHA is reopening the comment period until December 29, 
1995.

DATES: Written comments on the materials incorporated through the 
October 24, 1995 notice of reopening must be postmarked by December 29, 
1995.

ADDRESSES: Comments are to be submitted in quadruplicate to the Docket 
Office, Docket No. H-071B, U.S. Department of Labor, room N-2634, 200 
Constitution Avenue, NW., Washington, DC 20210. Telephone (202) 219-
7894. Written comments limited to 10 pages or less in length also may 
be transmitted by facsimile to (202) 219-5046, provided that the 
original and 3 copies are sent to the Docket Office thereafter.

FOR FURTHER INFORMATION CONTACT: Anne C. Cyr, Office of Information and 
Consumer Affairs, Occupational Safety and Health Administration, U.S. 
Department of Labor, room N-3647, 200 Constitution Avenue, NW., 
Washington, DC 20210. Telephone (202) 219-8148. For electronic copies 
of this Federal Register notice, contact the Labor News Bulletin Board 
(202) 219-4784; or OSHA's WebPage on Internet at http://www.osha.gov/. 
For news releases, fact sheets, and other short documents, contact OSHA 
FAX at (900) 555-3400 at $1.50 per minute.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 7, 1991, OSHA issued a notice of proposed rulemaking 
(56 FR 57036) to address the significant risks of MC-induced health 
effects. The proposed rule required employers to reduce occupational 
exposure to MC and to institute ancillary measures, such as employee 
training and medical surveillance, for further protection of MC-exposed 
workers.
    OSHA convened public hearings (57 FR 24438, June 9, 1992) in 
Washington, DC on September 16-24, 1992 and in San Francisco, CA on 
October 14-16, 1992. The post-hearing period for the submission of 
additional briefs, arguments and summations ended on March 15, 1993.
    On March 11, 1994, OSHA reopened the rulemaking record for 45 days 
(59 FR 11567) to obtain public input on three documents incorporated 
into the rulemaking record, one of which examined the relationship 
between MC exposure and human carcinogenesis. The limited reopening, 
which ended on April 25, 1994, generated 37 comments.
    The Halogenated Solvents Industry Alliance (HSIA) subsequently 
submitted several recently completed studies which address the 
mechanism for MC-induced cancer in mice and which assert that species 
differences in the metabolism of MC preclude the use of mouse data to 
characterize human cancer risk. The utility of the mouse data in 
assessing human risk is a critical issue in this rulemaking. Therefore, 
OSHA concluded that it was appropriate, even at this late stage of the 
rulemaking process, to consider the HSIA-submitted studies in the 
drafting of the final rule. Accordingly, on October 24, 1995, the 
Agency reopened the rulemaking record to incorporate those studies and 
to provide the public with an opportunity to comment.
    OSHA has been considering the impact of species differences on the 
MC risk assessment throughout this rulemaking, and has generated an 
extensive record over the nearly four years since the proposal was 
published. While the Agency has agreed with the HSIA that the new 
materials should be taken into account, the Agency still believes that 
every effort should be made to conclude this rulemaking expeditiously. 
To that end, OSHA reopened the record for 30 days to receive any 
additional comments and information regarding this issue. While the 
record was open, OSHA received many requests for the studies. Due to 
the substantial interest generated by the October 24 notice, the Agency 
has decided to allow interested parties additional time in which to 
submit their comments. Therefore, OSHA is extending the comment period 
until December 29, 1995.
    OSHA will provide interested parties with copies of the materials 
incorporated into the methylene chloride record through the October 24, 
1995 reopening notice, upon request, to facilitate full and timely 
public participation. Requests for copies of the studies should be 
addressed to the Christine Whittaker, Room N-3718, Health Standards 
Programs, OSHA, U.S. Department of Labor,200 Constitution Avenue, NW., 
Washington, DC 20210. Telephone: (202) 219-7174. Fax: (202) 219-7125.

II. Public Participation

Comments

    Written comments regarding the materials incorporated into the 
methylene chloride record through the October 24, 1995 reopening notice 
must be postmarked by December 29, 1995. Four copies of these comments 
must be submitted to the Docket Office, Docket No. H-071B, U.S. 
Department of Labor, room N-2625, 200 Constitution Avenue, NW., 
Washington, DC 20210. (202) 219-7894. All materials submitted will be 
available for inspection and copying at the above address. Materials 
previously submitted to the Docket for this rulemaking need not be 
resubmitted.

III. Authority

    This document was prepared under the direction of Joseph A. Dear, 
Assistant Secretary of Labor for Occupational Safety and Health, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210.
    It is issued under section 6(b) of the Occupational Safety and 
Health Act (29 U.S.C. 655), and 29 CFR part 1911.

    Signed at Washington, DC, this 1st day of December 1995.
Joseph A. Dear,
Assistant Secretary of Labor.
[FR Doc. 95-29719 Filed 12-5-95; 8:45 am]
BILLING CODE 4510-26-P

Complete official Federal Register PDF

FR Doc. 95-29712 Truth in Savings
[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Pages 62349-62351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29712]

-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM
12 CFR Part 230

[Regulation DD; Docket No. R-0904]

Truth in Savings

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Proposed rule; official staff interpretation.

-----------------------------------------------------------------------

SUMMARY: The Board is publishing for comment proposed revisions to the 
official staff commentary to Regulation DD (Truth in Savings). The 
commentary applies and interprets the requirements of Regulation DD. 
The proposed revisions would clarify regulatory provisions or provide 
further guidance on issues of general interest, such as when credited 
interest becomes part of principal and how leap years affect the 
calculation of the annual percentage yield.

DATES: Comments must be received on or before February 2, 1996.

ADDRESSES: Comments should refer to Docket No. R-0904, and may be 
mailed to William W. Wiles, Secretary, Board of Governors of the 
Federal Reserve System, 20th Street and Constitution Avenue, NW., 
Washington, DC 20551. 

[[Page 62350]]
Comments also may be delivered to Room B-2222 of the Eccles Building 
between 8:45 a.m. and 5:15 p.m. weekdays, or to the guard station in 
the Eccles Building courtyard on 20th Street, NW. (between Constitution 
Avenue and C Street) at any time. Comments may be inspected in Room MP-
500 of the Martin Building between 9 a.m. and 5 p.m. weekdays, except 
as provided in 12 CFR 261.8 of the Board's rules regarding the 
availability of information.

FOR FURTHER INFORMATION CONTACT: Jane Ahrens, Senior Attorney, or Obrea 
O. Poindexter, or Michael L. Hentrel, Staff Attorneys, Division of 
Consumer and Community Affairs, Board of Governors of the Federal 
Reserve System, at (202) 452-3667 or 452-2412. For users of 
Telecommunications Device for the Deaf (TDD) only, please contact 
Dorothea Thompson, at (202) 452-3544.

SUPPLEMENTARY INFORMATION:

I. Background

    The purpose of the Truth in Savings Act (12 U.S.C. 4301 et seq.) is 
to assist consumers in comparing deposit accounts offered by depository 
institutions. The act requires institutions to disclose fees, the 
interest rate, the annual percentage yield (APY), and other account 
terms whenever a consumer requests the information and before an 
account is opened. Fees and other information also must be provided on 
any periodic statement the institution sends to the consumer. Rules are 
set forth for deposit account advertisements and advance notices to 
account holders of adverse changes in terms. The act restricts how 
institutions must determine the account balance on which interest is 
calculated. The act is implemented by the Board's Regulation DD (12 CFR 
part 230). The regulation authorizes the issuance of official staff 
interpretations of the regulation.
    The Board is publishing proposed amendments to the commentary to 
Regulation DD, which provides guidance to depository institutions in 
applying the regulation to specific transactions and is a substitute 
for individual staff interpretations. The commentary is updated 
periodically to address significant questions that arise. The Board 
expects to adopt the commentary in final form by April 1996 with a six-
month time period for optional compliance and a mandatory compliance 
date of October 1996.
    On January 26, 1995, the Board published a proposal to amend the 
regulation's rules for calculating the APY (60 FR 5142). The Congress 
is considering legislation that would repeal several provisions of the 
Truth in Savings Act, including those calling for an APY. The Board has 
deferred action on the proposal, pending the Congress's resolution of 
the legislative proposals.

II. Proposed Commentary

Section 230.2--Definitions

(2)(f) Bonus
    Comment 2(f)-2 provides additional guidance regarding bonuses. The 
proposed comment clarifies the treatment of coupons. It also codifies 
guidance provided in the supplementary information accompanying the 
initial rulemaking (57 FR 43337, published September 21, 1992) 
concerning items given or offered to third parties.
2(u) Time Account
    Proposed comment 2(u)-3 clarifies that an interest-bearing account 
meets the definition of a time account if the amount of the early 
withdrawal penalty is equal to at least seven days' interest for 
withdrawals during the first six days the account is opened and the 
account has a maturity of at least seven days. Thus, the Board believes 
that where a depository institution imposes a dollar amount as its 
early withdrawal penalty (assessed during the first six days an account 
is opened) on an interest-bearing account, rather than applying a 
periodic rate to a balance (``interest,''), the fixed-dollar penalty is 
the functional equivalent of interest.

Section 230.7--Payment of Interest

7(b) Crediting and Compounding Policies
    Comment 7(b)-4 addresses crediting and compounding policies. The 
Board believes institutions may choose any crediting frequency. 
However, once interest is credited by posting interest to an account it 
becomes part of the principal, and if interest remains in the account, 
interest must accrue on those funds. The Board believes the act 
requires that once interest is credited to an account, institutions 
must calculate interest on the full principal in the account. For 
example, assume a consumer earns $5 in interest on a $1,000 balance for 
the month of January. If the institution credits interest monthly (in 
the example, at the end of January) and does not pay the interest by 
check or transfer to another account, the institution must accrue 
interest on $1,005 for the month of February. Comment 7(b)-4 would 
clarify that interest cannot be credited by posting to a consumer's 
account without becoming part of the principal.

Appendix A--Annual Percentage Yield Calculation

Part I. Annual Percentage Yield for Account Disclosures and Advertising 
Purposes
Part II. Annual Percentage Yield Earned for Periodic Statements
    Comment app. A.II.A.-2 provides additional guidance on rounding the 
interest earned figure of the annual percentage yield earned. Proposed 
comment app. A.II.-3 provides additional guidance on calculating 
interest and the annual percentage yield earned in a leap year.

III. Form of Comment Letters

    Comment letters should refer to Docket No. R-0904, and, when 
possible, should use a standard courier typeface with a type size of 10 
or 12 characters per inch. This will enable the Board to convert the 
text into machine-readable form through electronic scanning, and will 
facilitate automated retrieval of comments for review. Comments may 
also be submitted on 3\1/2\ inch or 5\1/4\ inch computer diskettes in 
any IBM-compatible DOS-based format, if accompanied by an original 
document in paper form.

List of Subjects in 12 CFR Part 230

    Advertising, Banks, banking, Consumer protection, Federal Reserve 
System, Reporting and recordkeeping requirements, Truth in savings.

    Certain conventions have been used to highlight the proposed 
revisions to the regulation. New language is shown inside bold-faced 
arrows, while language that would be deleted is set off with bold-faced 
brackets. Comments are numbered to comply with new Federal Register 
publication rules.
    For the reasons set forth in the preamble, the Board proposes to 
amend 12 CFR part 230 as follows:

PART 230--TRUTH IN SAVINGS (REGULATION DD)

    1. The authority citation for part 230 would continue to read as 
follows:

    Authority: 12 U.S.C. 4301 et seq.

    2. In Supplement I to part 230, under Section 230.2 Definitions., 
the following amendments would be made:
    a. Under (f) Bonus, paragraph 1. would be revised, paragraphs 2. 
through 4. would be redesignated as paragraphs 3. through 5., 
respectively, and a new paragraph 2. would be added; and
    b. Under (u) Time account, a new paragraph 3. would be added.
    The revisions and additions would read as follows: 
    
[[Page 62351]]

Supplement I to Part 230--Official Staff Interpretations

* * * * *

Section 230.2  Definitions

* * * * *
    (f) Bonus.
    1.  General Rule [Examples] Bonuses 
include items of value, other than interest, offered as incentives 
to consumers, such as an offer to pay the final installment deposit 
for a holiday club account. [Items that are not a bonus include 
discount coupons for goods or services at restaurants or stores.]
    2. Examples of Excluded Items. Items that are not 
bonuses include:
    i. Discount coupons distributed by institutions for goods or 
services at restaurants or stores where the consumer must pay a sum 
to the restaurant or store to receive the benefit of the coupon
    ii. Items of value given to a third party by an institution when 
a consumer opens, maintains, or renews an account--such as donations 
made to a charitable organization.
* * * * *
    (u) Time account
* * * * *
    3. Fee for early withdrawal. Time accounts include 
interest-bearing accounts with a maturity of at least seven days 
that impose a dollar amount for withdrawals during the first six 
days after the account is opened that is equal to at least seven 
days' interest.
* * * * *
    3. In Supplement I to part 230, under Section 230.7 Payment of 
interest, the following amendments would be made:
    a. Under (a)(1) Permissible methods, paragraph 4. would be 
revised; and
    b. Under (b) Compounding and crediting policies, a new paragraph 4. 
would be added.
    The revisions and additions would read as follows:
* * * * *
    Section 230.7  Payment of Interest
* * * * *
    (a)(1) Permissible methods.
* * * * *
    4. Leap year. Institutions may apply a daily rate of 1/366 or 1/
365 of the interest rate for 366 days in a leap year, if the account 
will earn interest for February 29. ``Leap year'' is a 
calendar year in which February 29 occurs. For example, if the term 
of a time account includes days in a nonleap year but extends 
through February 29 of a leap year, the institution must use a daily 
rate of 1/365 (or a greater daily rate such as 1/360) each day the 
account is open in the nonleap year.
* * * * *
    (b) Compounding and crediting policies.
* * * * *
    4. Crediting and accrual of interest. Once interest 
is credited to an account it becomes part of the principal on which 
an institution must accrue interest.
* * * * *
    4. In Supplement I to part 230, under Appendix A, the following 
amendments would be made:
    a. Under Part I. Annual Percentage Yield for Account Disclosures 
and Advertising Purposes, a new paragraph 2. would be added; and
    b. Under Part II. Annual Percentage Yield Earned for Periodic 
Statements, under A. General Formula, paragraph 2. would be revised, 
and a new paragraph 3. would be added.
    The additions and revisions would read as follows:
* * * * *

Appendix A to Part 230--Annual Percentage Yield Calculation

Part I. Annual Percentage Yield for Account Disclosures and 
Advertising Purposes

* * * * *
    2. Leap year. Institutions that use a daily rate of 
1/366 to pay interest on an account during a leap year may calculate 
the annual percentage yield using 365 or 366 days in a leap year, as 
follows:
    i. Institutions may use 365 days in all cases.
    ii. For time accounts, institutions must use 365 if the account 
term includes days in a nonleap year.

Part II. Annual Percentage Yield Earned for Periodic Statements

* * * * *

A. General Formula

* * * * *
    2. Rounding. The interest earned figure used to calculate the 
annual percentage yield earned must be rounded to two decimals and 
reflect the amount actually paid, if at the end of the statement period 
the institution only accrues interest on two decimals. For 
example:[, if]
    i. If the interest earned for a statement 
period is $20.074 and the institution pays the consumer $20.07, the 
institution must use $20.07 (not $20.074) to calculate the annual 
percentage yield earned if the institution does not 
accrue interest on the $20.074 if interest is credited to the 
account, or on the $.004 if interest is paid by check or transfer to 
another account for the next statement period.
    ii. If an institution accrues interest on the .004 
for the next statement period, $20.074 may be used to calculate the 
annual percentage yield earned for the statement period.
    iii. For accounts paying interest based on the daily 
balance method that compound and credit interest quarterly, and send 
monthly statements, the institution may, but need not, round accrued 
interest to two decimals for calculating the annual percentage yield 
earned on the first two monthly statements issued during the 
quarter. [However, on the quarterly statement the interest earned 
figure must reflect the amount actually paid].
    3. Leap year. Institutions that use a daily rate of 
1/366 to pay interest on an account during a leap year may calculate 
the annual percentage yield earned using 365 or 366 days during the 
leap year.
* * * * *
    By order of the Board of Governors of the Federal Reserve System, 
acting through the Secretary of the Board under delegated authority, 
December 1, 1995.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 95-29712 Filed 12-5-95; 8:45 am]
BILLING CODE 6210-01-P

Complete official Federal Register PDF

FR Doc. 95-29706 Proposed Flood Elevation Determinations
[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Pages 62369-62373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29706]

=======================================================================
-----------------------------------------------------------------------

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA-7163]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Technical information or comments are requested on the 
proposed base (1% annual chance) flood elevations and proposed base 
flood elevation modifications for the communities listed below. The 
base flood elevations and modified base flood elevations are the basis 
for the floodplain management measures that the community is required 
either to adopt or to show evidence of being already in effect in order 
to qualify or remain qualified for participation in the National Flood 
Insurance Program (NFIP).

DATES: The comment period is ninety (90) days following the second 
publication of this proposed rule in a newspaper of local circulation 
in each community.

ADDRESSES: The proposed base flood elevations for each community are 
available for inspection at the office of the Chief Executive Officer 
of each community. The respective addresses are listed in the following 
table.

FOR FURTHER INFORMATION CONTACT: Michael K. Buckley, P.E., Chief, 
Hazard 

[[Page 62370]]
Identification Branch, Mitigation Directorate, 500 C Street, SW, 
Washington, DC 20472, (202) 646-2756.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
proposes to make determinations of base flood elevations and modified 
base flood elevations for each community listed below, in accordance 
with Section 110 of the Flood Disaster Protection Act of 1973, 42 
U.S.C. 4104, and 44 CFR 67.4(a).
    These proposed base flood and modified base flood elevations, 
together with the floodplain management criteria required by 44 CFR 
60.3, are the minimum that are required. They should not be construed 
to mean that the community must change any existing ordinances that are 
more stringent in their floodplain management requirements. The 
community may at any time enact stricter requirements of its own, or 
pursuant to policies established by other Federal, State, or regional 
entities. These proposed elevations are used to meet the floodplain 
management requirements of the NFIP and are also used to calculate the 
appropriate flood insurance premium rates for new buildings built after 
these elevations are made final, and for the contents in these 
buildings.

National Environmental Policy Act

    This proposed rule is categorically excluded from the requirements 
of 44 CFR Part 10, Environmental Consideration. No environmental impact 
assessment has been prepared.

Regulatory Flexibility Act

    The Associate Director, Mitigation Directorate, certifies that this 
proposed rule is exempt from the requirements of the Regulatory 
Flexibility Act because proposed or modified base flood elevations are 
required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, 
and are required to establish and maintain community eligibility in the 
NFIP. No regulatory flexibility analysis has been prepared.

Regulatory Classification

    This proposed rule is not a significant regulatory action under the 
criteria of Section 3(f) of Executive Order 12866 of September 30, 
1993, Regulatory Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism

    This proposed rule involves no policies that have federalism 
implications under Executive Order 12612, Federalism, dated October 26, 
1987.

Executive Order 12778, Civil Justice Reform

    This proposed rule meets the applicable standards of Section 
2(b)(2) of Executive Order 12778.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting 
and recordkeeping requirements.

    Accordingly, 44 CFR Part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    1. The authority citation for Part 67 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 
1979 Comp., p. 376.

Sec. 67.4  [Amended]

    2. The tables published under the authority of Sec. 67.4 are 
proposed to be amended as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                            #Depth in feet above
                                                                                             ground. *Elevation 
             State               City/town/county      Source of            Location          in feet.  (NGVD)  
                                                       flooding                            ---------------------
                                                                                             Existing   Modified
----------------------------------------------------------------------------------------------------------------
Arizona.......................  Flagstaff (City),  Clay Avenue Wash  At Milton Road.......     *6,895     *6,894
                                 Coconino County.                                                               
                                                                     Approximately 450         *6,897     *6,899
                                                                      feet upstream of                          
                                                                      Malpais Lane.                             
                                                                     Approximately 80 feet     *6,900     *6,901
                                                                      upstream of                               
                                                                      Blackbird Forest                          
                                                                      Street.                                   
                                                                     At Chateau Drive.....     *6,905     *6,905
                                                                     Approximately 980         *6,929     *6,930
                                                                      feet upstream of                          
                                                                      Chateau Drive.                            
                                                                     Approximately 1,300       *6,931     *6,931
                                                                      feet upstream of                          
                                                                      Chateau Drive.                            
                                                                                                                
   Maps are available for inspection at the City of Flagstaff, City Hall, 211 West Aspen Avenue, Flagstaff,     
   Arizona.                                                                                                     
                                                                                                                
  Send comments to The Honorable Christopher J. Bavasi, Mayor, City of Flagstaff, 211 West Aspen Avenue,        
   Flagstaff, Arizona 86001.                                                                                    
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Idaho.........................  Ada County,        Cottonwood Gulch  Approximately 7,615         None     *2,896
                                 (Unincorporated                      feet above Garrison                       
                                 Areas).                              Road at the City of                       
                                                                      Boise corporate                           
                                                                      limits.                                   
                                                                     Approximately 9,100         None     *2,930
                                                                      feet above Garrison                       
                                                                      Road.                                     
                                                                     Approximately 100           None     *2,953
                                                                      feet upstream of                          
                                                                      Shaw Mountain Road.                       
                                                                     Approximately 1,280         None     *2,980
                                                                      feet above Shaw                           
                                                                      Mountain Road.                            
                                                                     Approximately 2,280         None     *3,010
                                                                      feet above Shaw                           
                                                                      Mountain Road.                            
                                                   Stuart Gulch....  Approximately 2,000         None     *2,796
                                                                      feet downstream of                        
                                                                      Cartwright Road at                        
                                                                      the City of Boise                         
                                                                      corporate limits.                         
                                                                     Approximately 1,360         None     *2,840
                                                                      feet downstream of                        
                                                                      Cartwright Road.                          
                                                                     Approximately 500           None    *2,861 
                                                                      feet downstream of                        
                                                                      Cartwright Road.                          

[[Page 62371]]
                                                                                                                
                                                   Hulls Gulch.....  Approximately 700           None     *2,864
                                                                      feet downstream of                        
                                                                      McCord Lane at the                        
                                                                      City of Boise                             
                                                                      corporate limits.                         
                                                                     At McCord Lane.......       None     *2,903
                                                                     Approximately 2,300         None     *2,971
                                                                      feet upstream of                          
                                                                      McCord Lane.                              
                                                                                                                
   Maps are available for inspection at the Ada County Development Services Office, 650 Main Street, Boise,     
   Idaho.                                                                                                       
                                                                                                                
  Send comments to The Honorable Vern Bisterfeldt, Chairman, Ada County Board of Commissioners, 650 Main Street,
   Boise, Idaho 83702.                                                                                          
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Idaho.........................  Boise (City), Ada  Stuart Gulch....  Approximately 100           None     *2,692
                                 County.                              feet upstream of                          
                                                                      Stuart Gulch Road.                        
                                                                     Approximately 3,000         None     *2,745
                                                                      feet upstream of                          
                                                                      Stuart Gulch Road at                      
                                                                      an unnamed road.                          
                                                                     Approximately 4,600         None     *2,785
                                                                      feet upstream of                          
                                                                      Stuart Gulch Road at                      
                                                                      an unnamed road.                          
                                                                     Approximately 5,000       *2,800     *2,795
                                                                      feet upstream of                          
                                                                      Stuart Gulch Road.                        
                                                                     Approximately 6,910         None     *2,825
                                                                      feet upstream of                          
                                                                      Stuart Gulch Road at                      
                                                                      the City of Boise                         
                                                                      corporate limits.                         
                                                   Stuart Gulch      At the convergence          None     *2,725
                                                    Split Flow        with Stuart Gulch,                        
                                                    Channel.          approximately 2,350                       
                                                                      feet upstream of                          
                                                                      Stuart Gulch Road.                        
                                                                     Approximately 2,200         None     *2,775
                                                                      feet upstream of the                      
                                                                      convergence with                          
                                                                      Stuart Gulch at an                        
                                                                      unnamed road.                             
                                                                     At the divergence           None     *2,800
                                                                      from Stuart Gulch.                        
                                                   Crane Gulch.....  At Hill Road.........       None     *2,732
                                                   ................  Just upstream of            None     *2,750
                                                                      Parkhill Drive.                           
                                                                     Just upstream of            None     *2,773
                                                                      Cottonwood Court.                         
                                                                     Just upstream of            None     *2,795
                                                                      Ranch Road.                               
                                                                     Just downstream of          None     *2,865
                                                                      Curling Drive.                            
                                                   Hulls Gulch.....  Just upstream of the        None     *2,735
                                                                      intersection of 9th                       
                                                                      Street and Heron                          
                                                                      Street.                                   
                                                                     Approximately 1,400         None     *2,761
                                                                      feet downstream of                        
                                                                      Mile High Road at                         
                                                                      9th Street.                               
                                                                     Approximately 1,000         None     *2,826
                                                                      feet upstream of                          
                                                                      Mile High Road.                           
                                                                     Approximately 2,300         None     *2,864
                                                                      feet upstream of                          
                                                                      Mile High Road at                         
                                                                      the City of Boise                         
                                                                      corporate limits.                         
                                                   Cottonwood Gulch  Approximately 1,100         None     *2,748
                                                                      feet upstream of                          
                                                                      Garrison Road.                            
                                                                     At confluence with          None     *2,793
                                                                      Freestone Creek.                          
                                                                     Approximately 4,300         None     *2,878
                                                                      feet upstream of                          
                                                                      confluence with                           
                                                                      Freestone Creek at                        
                                                                      the City of Boise                         
                                                                      corporate limits.                         
                                                                     Approximately 5,085         None     *2,898
                                                                      feet upstream of                          
                                                                      confluence with                           
                                                                      Freestone Creek at                        
                                                                      the City of Boise                         
                                                                      corporate limits.                         
                                                                                                                
   Maps are available for inspection at the Office of Community Planning and Development, City Hall, 150 North  
   Capitol Boulevard, Boise, Idaho.                                                                             
                                                                                                                
  Send comments to The Honorable Brent H. Coles, Mayor, City of Boise, City Hall, P.O. Box 500, Boise, Idaho    
   83701-0500.                                                                                                  
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Texas.........................  Uvalde (City),     Cooks Slough....  Approximately 500           *900       *899
                                 Uvalde County.                       feet downstream of                        
                                                                      West Main Street.                         
                                                                     Just downstream of          *903       *901
                                                                      Fort Clark Street.                        
                                                                     Approximately 4,300         *911       *908
                                                                      feet downstream of                        
                                                                      Benson Road.                              
                                                                     Approximately 300           *915       *917
                                                                      feet downstream of                        
                                                                      Benson Road.                              
                                                                                                                
 
[[Page 62372]]
                                                                                                                
  Maps are available for inspection at Uvalde City Hall, Highway 90, Uvalde, Texas.                             
                                                                                                                
  Send comments to The Honorable George Horner, Mayor, City of Uvalde, P.O. Box 799, Uvalde, Texas 78801.       
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Texas.........................  Uvalde County,     Cooks Slough....  Approximately 1,100         *891       *893
                                 (Unincorporated                      feet upstream of                          
                                 Areas).                              U.S. Highway 83 (or                       
                                                                      100 feet upstream of                      
                                                                      South Grove Street).                      
                                                                     Just downstream of          *906       *904
                                                                      the grade control                         
                                                                      structure.                                
                                                                     Approximately 2,470         *918       *920
                                                                      feet upstream of                          
                                                                      Benson Road (FM                           
                                                                      1052).                                    
                                                                                                                
   Maps are available for inspection at the County Judge's Office, Uvalde County Courthouse, Courthouse Square, 
   Corner of Main and Getty Streets, Uvalde, Texas.                                                             
                                                                                                                
  Send comments to The Honorable William R. Mitchell, County Judge, Uvalde County Courthouse, Uvalde, Texas     
   78801.                                                                                                       
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Washington....................  Ferry County,      Kettle            Approximately 73.96         None     *1,806
                                 (Unincorporated    RiverReach 7.     miles upstream of                         
                                 Areas).                              confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 74.66         None     *1,810
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 75.17       *1,813     *1,812
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 75.52       *1,814     *1,814
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 75.84       *1,816     *1,815
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                   Kettle            Approximately 9.87          None     *1,306
                                                    RiverReach 1      miles upstream of                         
                                                    (Near Barstow).   confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 10.36         None     *1,309
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 10.85         None     *1,312
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                   Kettle            Approximately 18.62         None     *1,389
                                                    RiverReach 2      miles upstream of                         
                                                    (Near Orient).    confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 18.77         None     *1,390
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 19.17         None     *1,391
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                   Kettle            Approximately 27.24         None     *1,435
                                                    RiverReach 3      miles upstream of                         
                                                    (Near Laurier).   confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 27.53         None     *1,438
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 28.00         None     *1,441
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 28.27         None     *1,443
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                   Kettle            Approximately 58.0          None     *1,732
                                                    RiverReach 4      miles upstream of                         
                                                    (Near Danville).  confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 58.43         None     *1,733
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                   Kettle            Approximately 64.87         None     *1,764
                                                    RiverReach 5      miles upstream of                         
                                                    (Near Curlew).    confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 65.17         None     *1,765
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 65.45         None     *1,766
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                   Kettle            Approximately 84.78         None     *1,864
                                                    RiverReach 8      miles upstream of                         
                                                    (Near Ferry).     confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 85.15         None     *1,866
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 85.78         None     *1,868
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                                                                                
   Maps are available for inspection at the Ferry County Planning Department, 146 North Clark, Suite 7,         
   Republic, Washington.                                                                                        
                                                                                                                
  Send comments to The Honorable Ed F. Windson, Chairperson, Ferry County Commissioners, County Courthouse, 350 
   East Delaware, Republic, Washington 99166.                                                                   
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Washington                      Stevens County,    Kettle            Approximately 9.87          None    *1,306 
                                 (Unincorporated    RiverReach 1      miles upstream of                         
                                 Areas).            (Near Barstow).   confluence with the                       
                                                                      Columbia River.                           

[[Page 62373]]
                                                                                                                
                                                                     Approximately 10.5          None     *1,310
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 10.86         None     *1,312
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                   Kettle            Approximately 18.62         None     *1,389
                                                    RiverReach 2      miles upstream of                         
                                                    (Near Orient).    confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 19.17         None     *1,392
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                   Kettle            Approximately 27.24         None     *1,435
                                                    RiverReach 3      miles upstream of                         
                                                    (Near Laurier).   confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 27.8          None     *1,440
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                                     Approximately 28.26         None     *1,443
                                                                      miles upstream of                         
                                                                      confluence with the                       
                                                                      Columbia River.                           
                                                                                                                
   Maps are available for inspection at the Stevens County Planning Department, 260 South Oak Street, Colville, 
   Washington.                                                                                                  
                                                                                                                
  Send comments to The Honorable Alan L. Mack, Chairperson, Stevens County Commissioners, County Courthouse, 215
   South Oak Street, Colville, Washington 99114.                                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: November 29, 1995.
Richard T. Moore,
Associate Director for Mitigation.
[FR Doc. 95-29706 Filed 12-5-95; 8:45 am]
BILLING CODE 6718-04-P

Complete official Federal Register PDF

FR Doc. 95-29697 Consumer Leasing; Extension of Comment Period
[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Page 62349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29697]

=======================================================================
-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM

12 CFR Part 213

[Regulation M; Docket No. R-0892 and Docket No. R-0893]

Consumer Leasing; Extension of Comment Period

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Proposed rule and official staff interpretation; extension of 
comment period.

-----------------------------------------------------------------------

SUMMARY: On September 20, 1995, the Board published a request for 
comment on proposed amendments to Regulation M, which implements the 
Consumer Leasing Act (60 FR 48752). At that time, the Board also 
proposed revisions to the official staff commentary to Regulation M, 
which were published in the same issue of the Federal Register (60 FR 
48769). The Consumer Leasing Act and Regulation M require lessors to 
provide uniform cost and other disclosures about consumer lease 
transactions. The Board's proposal contains several substantive 
amendments to the regulation and would also simplify and clarify its 
provisions. In order to obtain additional views on the proposal from 
individual consumers, the Board has extended the public comment period 
for 90 days. The comment period for the proposed revisions to the 
commentary is similarly extended for 90 days.

DATES: Comments must be received by February 15, 1996.

ADDRESSES: Comments should refer to Docket No. R-0892 and Docket No. R-
0893, and be mailed to William W. Wiles, Secretary, Board of Governors 
of the Federal Reserve System, 20th Street and Constitution Avenue NW., 
Washington, DC 20551. Comments also may be delivered to room B-2222 of 
the Eccles Building between 8:45 a.m. and 5:15 p.m. weekdays, or to the 
guard station in the Eccles Building courtyard on 20th Street NW., 
(between Constitution Avenue and C Street) any time. Comments may be 
inspected in room MP-500 of the Martin Building between 9 a.m. and 5 
p.m. weekdays, except as provided in 12 CFR 261.8 of the Board's rules 
regarding the availability of information.

FOR FURTHER INFORMATION CONTACT: Kyung H. Cho-Miller, Obrea O. 
Poindexter, or W. Kurt Schumacher, Staff Attorneys, Division of 
Consumer and Community Affairs, Board of Governors of the Federal 
Reserve System, Washington, DC 20551, at (202) 452-2412 or 452-3667. 
For users of Telecommunications Device for the Deaf (TDD), please 
contact Dorothea Thompson at (202) 452-3544.

SUPPLEMENTARY INFORMATION: The Consumer Leasing Act (CLA), 15 U.S.C. 
1667-1667e, was enacted into law in 1976 as an amendment to the Truth 
in Lending Act (TILA), 15 U.S.C. 1601 et seq. The Board was given 
rulewriting authority, and its Regulation M (12 CFR part 213) 
implements the CLA. An official staff commentary that interprets the 
regulation has also been published (Supplement I-CL-1 to 12 CFR 213).
    The CLA generally governs consumer leases of personal property 
involving $25,000 or less and a term of more than four months. An 
automobile lease is the most common type of consumer lease covered by 
the CLA. Like the credit provisions of the TILA, the CLA requires 
lessors to provide uniform cost and other disclosures in consumer lease 
transactions and lease advertising. Prior to entering into a lease 
agreement, lessors must give consumers fifteen to twenty disclosures, 
including the amount of initial charges to be paid, an identification 
of leased property, a payment schedule, the responsibilities for 
maintaining the leased property, and the liability for terminating a 
lease early.
    The Board's Regulatory Planning and Review Program calls for the 
periodic review of Board regulations with four goals in mind: To 
clarify and simplify regulatory language; to determine whether 
regulatory amendments are needed to address technological and other 
developments; to reduce undue regulatory burden on the industry; and to 
delete obsolete provisions. On September 20, 1995, the Board published 
proposed revisions to Regulation M for comment (60 FR 48752). The 
proposal contains several substantive revisions to the regulation, for 
example: additional disclosure requirements about early termination 
charges, the gross cost of leases, the residual value, and the 
estimated lease charge; a requirement that certain leasing disclosures 
be segregated from other information; and pursuant to a statutory 
change, revisions to the advertising provisions for radio and 
television. The proposal also simplifies the language and format of the 
regulation to state the requirements more clearly.
    The Board is extending the comment period until February 15, 1996, 
in order to obtain views on the proposals from consumers who have 
experience in leasing or are interested in leasing, by inviting certain 
individuals to participate in focus groups. The focus group 
participants will be asked to address key elements of the Board's 
proposed amendments to Regulation M and to provide comments on the 
proposed consumer leasing forms.
    During the extension period, the Board's staff will undertake its 
review and analysis of the comments that have already been filed. The 
comment period is being extended primarily for the purpose of 
conducting these focus group interviews. Other members of the public 
may submit comments during this period, but they are encouraged to 
submit them as soon as possible. The Board does not expect this 
extension to delay the implementation of the final rule. The Board 
anticipates that revisions to Regulation M and the official staff 
commentary will be adopted in final form in the second quarter of 1996.

    Board of Governors of the Federal Reserve System, November 30, 
1995.
William W. Wiles,
Secretary of the Board.
[FR Doc. 95-29697 Filed 12-5-95; 8:45 am]
BILLING CODE 6210-01-P

Complete official Federal Register PDF

FR Doc. 95-29656 Radio Broadcasting Services; Calhoun City, MS
[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Page 62373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29656]

=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 95-173; RM-8725]

Radio Broadcasting Services; Calhoun City, MS

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Commission requests comments on a petition by WKZU Radio, 
licensee of Station WKZU(FM), Channel 272A, Ripley, Mississippi, 
proposing the deletion of vacant Channel 272A at Calhoun City, 
Mississippi. Any party wishing to express an interest in Channel 272A 
at Calhoun City, Mississippi, should file their expression of interest 
by the initial comment deadline specified herein.

DATES: Comments must be filed on or before January 22, 1996, and reply 
comments on or before February 6, 1996.

ADDRESSES: Federal Communications Commission, Washington, DC 20554. In 
addition to filing comments with the FCC, interested parties should 
serve the petitioner, or its counsel or consultant, as follows: Harry 
Holliday, WKZU Radio, P.O. Box 572, Ripley, Mississippi 38663 
(petitioner).

FOR FURTHER INFORMATION CONTACT: Pam Blumenthal, Mass Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MM Docket No. 95-173, adopted November 
8, 1995, and released November 30, 1995. The full text of this 
Commission decision is available for inspection and copying during 
normal business hours in the FCC's Reference Center (Room 239), 1919 M 
Street, NW., Washington, DC. The complete text of this decision may 
also be purchased from the Commission's copy contractor, ITS, Inc., 
(202) 857-3800, 2100 M Street, NW., Suite 140, Washington, DC 20037.
    Provisions of the Regulatory Flexibility Act of 1980 do not apply 
to this proceeding.
    Members of the public should note that from the time a Notice of 
Proposed Rule Making is issued until the matter is no longer subject to 
Commission consideration or court review, all ex parte contacts are 
prohibited in Commission proceedings, such as this one, which involve 
channel allotments. See 47 CFR 1.1204(b) for rules governing 
permissible ex parte contacts.
    For information regarding proper filing procedures for comments, 
see 47 CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.

Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 95-29656 Filed 12-5-95; 8:45 am]
BILLING CODE 6712-01-F

Complete official Federal Register PDF

FR Doc. 95-29647 Elimination of Regulations Concerning the Public Lands Highways Discretionary Funds Program
[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Pages 62359-62360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29647]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 667

[FHWA Docket No. 95-28]
RIN 2125-AD69

Elimination of Regulations Concerning the Public Lands Highways 
Discretionary Funds Program

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed rulemaking (NPRM) to remove a regulation.

-----------------------------------------------------------------------

SUMMARY: The FHWA is proposing to eliminate its regulations outlining 
the procedures to be followed in administering the Public Lands 
Highways (PLH) discretionary funds program. These provisions have 
become outdated and unnecessary as a result of amendments made by the 
Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) (Pub. 
L. 102-240, 105 Stat. 1914) to the statutory provisions in title 23 of 
the United States Code (U.S.C.) which authorize distribution of some of 
the funds appropriated for Public Lands Highways among the States on 
the basis of need. These amendments to title 23, U.S.C., significantly 
modify and clarify the eligibility criteria and selection process of 
the PLH discretionary program; as a result, the FHWA regulations 
concerning the PLH discretionary program have become obsolete. 
Consequently, in the interests of streamlining FHWA regulations and 
providing more flexibility in the administration of this program, the 
FHWA is proposing to eliminate these regulations.

DATES: Comments must be received on or before February 5, 1996.

ADDRESSES: Submit written, signed comments to FHWA Docket No. 95-28, 
Federal Highway Administration, Room 4232, HCC-10, Office of the Chief 
Counsel, 400 Seventh Street, SW., Washington, DC 20590. All comments 
received will be available for examination at the above address between 
8:30 a.m. and 3:30 p.m., e.t., Monday through Friday, except Federal 
holidays. Those desiring notice of receipt of comments must include a 
self-addressed, stamped postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Mohan P. Pillay, Office of 
Engineering, HNG-12, (202) 366-4655 or Mr. Wilbert Baccus, Office of 
the Chief Counsel, HCC-32, (202) 366-1397, Federal Highway 
Administration, 400 Seventh Street, SW., Washington, D.C. 20590. Office 
hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION: Through the PLH Discretionary Program, the 
FHWA administers the allocation of Federal funds in the manner 
authorized by Sec. 202(b) of title 23 of the U.S.C. ``among those 
States having unappropriated or unreserved public lands, nontaxable 
Indian lands or other Federal reservations.'' Approximately $56 million 
was made available to the States for the PLH Discretionary Program in 
FY 1995. The statute directs that 34 percent of the sums appropriated 
for public lands highways in a given fiscal year is to be allocated on 
the basis of need among qualifying States that apply for such funds 
through their State highway departments. (23 U.S.C. 202(b).) The 
statute also provides that these PLH funds are available for any kind 
of transportation project eligible for assistance under title 23, 
U.S.C., that is within or adjacent to or provides access to public 
lands areas. (23 U.S.C. 204(b).)
    Although Congress did not direct that regulations be promulgated to 
implement the funding scheme established by this statute, the FHWA did 
promulgate regulations which outline the procedures for administering 
the PLH discretionary program. These regulations, for the most part, 
merely reiterate the application process and selection criteria 
outlined in the statute. For instance, the statute establishes that PLH 
discretionary funds are to be distributed on the basis of need among 
the States that apply through their State highway departments and that 
preference is to be given to those projects which are significantly 
impacted by Federal land and resource management activities. Part 667 
restates these provisions, but it also supplements the statutory 
provisions with overly detailed descriptions of factors to be 
considered in the selection process and of the steps taken in the 
application and selection procedure. In addition, part 667 restates 
some of the factors established in the statute as defining the 
eligibility of certain projects for these funds.
    The eligibility criteria and selection process of the PLH 
discretionary program were modified and greatly clarified by amendments 
to title 23, U.S.C., that were enacted as part of the ISTEA (Pub. L. 
102-240, 105 Stat. 1914). One change resulting from these amendments is 
that title 23, U.S.C., now provides a more detailed explanation of the 
kinds of projects which are eligible for PLH discretionary funds. The 
regulation delineating eligibility criteria in part 667 states that 
funds may be used for ``engineering and construction of the mainline 
roadway including adjacent vehicular parking areas and construction 
elements related to scenic easements.'' (Sec. 667.7.) After the ISTEA 
amendments, title 23, U.S.C., now includes a provision entitled 
``Eligible Projects'' which lists adjacent vehicular parking areas and 
acquisition of necessary scenic easements as two of seven types of 
projects qualifying for PLH funds.
    These PLH regulations have also now become inconsistent with title 
23, U.S.C., as a result of the ISTEA amendments. Section 667.7 of the 
regulations states that ``funds may not be used for right-of-way costs, 
maintenance or other ancillaries such as sanitary, water and fire 
control facilities''; however, the list of eligible projects added to 
title 23, U.S.C. by the ISTEA includes, ``construction and 
reconstruction of roadside rest areas including sanitary and water 
facilities.'' Thus, in general, the provisions regarding eligibility 
for PLH discretionary funds currently included in the FHWA regulations 
have become both outdated and unnecessary.
    Amendments to title 23, U.S.C., added by the ISTEA also modify the 
selection process and the factors that will be taken into account in 
allocating PLH discretionary funds among the States. As a result of the 
ISTEA amendments, title 23, U.S.C., now states that preference will 
still be given to projects which are significantly impacted by Federal 
land and resource management activities, but now such preference will 
be given only if these projects are proposed by a State which contains 
at least 3 percent of the total public lands in the Nation. In light of 
this statutory change, the regulations in part 667 have become outdated 
because they provide that all projects which significantly benefit or 
improve Federal land and resource management will be given preference.
    Consequently, as this examination of part 667 reveals, these 
regulations concerning the PLH discretionary program are unnecessary 
and in many instances either straightforwardly redundant or outdated 
because they have become inconsistent with the 

[[Page 62360]]
authorizing statute. Therefore, the FHWA is proposing to eliminate part 
667 as opposed to amending it to account for the changes brought about 
by the ISTEA amendments. Elimination of these regulations would provide 
more flexibility in administration of the PLH discretionary program. In 
addition, elimination of part 667 would have the effect of further 
streamlining FHWA regulations in accordance with the objectives of the 
President's Regulatory Reinvention Initiative.

Rulemaking Analyses and Notices

    All comments received before the close of business on the comment 
closing date indicated above will be considered and will be available 
for examination in the docket at the above address. Comments received 
after the comment closing date will be filed in the docket and will be 
considered to the extent practicable, but the FHWA may issue a final 
rule at any time after the close of the comment period. In addition to 
late comments, the FHWA will also continue to file in the docket 
relevant information that becomes available after the comment closing 
date, and interested persons should continue to examine the docket for 
new material.

Executive Order 12866 (Regulatory Planning and Review and DOT 
Regulatory Policies and Procedures)

    The FHWA has considered the impact of this document and has 
determined that it is neither a significant rulemaking action within 
the meaning of Executive Order 12866 nor a significant rulemaking under 
the regulatory policies and procedures of the Department of 
Transportation. This rulemaking would result in the elimination of FHWA 
regulations regarding administration of the PLH discretionary program. 
These regulations have become outdated and are unnecessary in light of 
the fact that the statutory provisions authorizing allocation of these 
funds adequately delineate the procedures to be used and the factors to 
be considered in selecting the States that will receive funding. This 
rulemaking eliminating these obsolete regulations would not cause any 
significant changes to the amount of funding available under the PLH 
Discretionary Program or to the process by which applicants are 
selected to receive funding. Thus, it is anticipated that the economic 
impact of this rulemaking will be minimal. In addition, it will not 
create a serious inconsistency with any other agency's action or 
materially alter the budgetary impact of any entitlements, grants, user 
fees, or loan programs; nor will elimination of these regulations raise 
any novel legal or policy issues. Therefore, a full regulatory 
evaluation is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this rule on small entities 
and has determined that elimination of the FHWA regulations regarding 
administration of PLH discretionary funds will not have a significant 
economic impact on a substantial number of small entities. Elimination 
of these regulations will not affect the amount of funding available to 
the States through the PLH Discretionary Program or the procedures used 
to select the States eligible to receive these funds. Furthermore, 
States are not included in the definition of ``small entity'' set forth 
in 5 U.S.C. 601. Therefore, the FHWA hereby certifies that this action 
will not have a significant economic impact on a substantial number of 
small entities.

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this action does not raise sufficient federalism implications to 
warrant the preparation of a federalism assessment. Elimination of 
these obsolete FHWA regulations concerning the PLH Discretionary 
Program would not preempt any State law or State regulation. No 
additional costs or burdens would be imposed on the States as a result 
of this action, and the States' ability to discharge traditional State 
governmental functions would not be affected by this rulemaking.

Executive Order 12372

    Catalog of Domestic Assistance Program Number 20.205, Highway 
Planning and Construction. The regulations implementing Executive Order 
12372 regarding intergovernmental consultation on Federal programs and 
activities apply to this program.

Paperwork Reduction Act

    This action does not create a collection of information requirement 
for the purposes of the Paperwork Reduction Act of 1980, 44 U.S.C. 
3501-3520.

National Environmental Policy Act

    The FHWA has analyzed this rulemaking for the purposes of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has 
determined that this action would not have any effect on the quality of 
the environment. Therefore an environmental impact statement is not 
required.

Regulatory Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

List of Subjects in 23 CFR Part 667

    Highways and roads, Public lands highway funds.

    Issued on: November 27, 1995.
Rodney E. Slater,
Federal Highway Administrator.

    In consideration of the foregoing and under the authority of 23 
U.S.C. 202, 204, and 315, the FHWA proposes to remove and reserve part 
667 of title 23, Code of Federal Regulations, as set forth below.

PART 667--PUBLIC LANDS HIGHWAYS FUNDS [REMOVED AND RESERVED]

    1. Part 667 is removed and reserved.

[FR Doc. 95-29647 Filed 12-5-95; 8:45 am]
BILLING CODE 4910-22-P

Complete official Federal Register PDF

FR Doc. 95-29541 Review of Regulations and Written Policies
[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Pages 62345-62349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29541]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / 
Proposed Rules

[[Page 62345]]

FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Chapter III

Review of Regulations and Written Policies

AGENCY: Federal Deposit Insurance Corporation.

ACTION: Notice of opportunity for comment.

-----------------------------------------------------------------------

SUMMARY: The Federal Deposit Insurance Corporation (FDIC) is conducting 
a systematic review of each its regulations and written policies. 
Section 303(a) of the Riegle Community Development and Regulatory 
Improvement Act of 1994 (CDRI) requires the federal banking agencies to 
identify and revise regulations and written policies that may be 
inefficient, cause unnecessary burden or contain outmoded, duplicative 
or inconsistent provisions; and to work jointly to make uniform all 
regulations and policies that implement common statutory or regulatory 
schemes. As part of this systematic review, the FDIC is seeking public 
comment to identify ways in which its regulation and written policies 
can be streamlined and made uniform with the other banking agencies. 
Comments and suggestions should be as specific as possible, citing the 
particular part of the regulation or policy statement recommended for 
revision or recission, and, if a revision is recommended, stating 
specifically the revision proposed. The FDIC already has undertaken 
various measures since the passage of section 303 to streamline its 
regulations and policies, as well as to work jointly with the other 
federal banking agencies to make uniform regulations and guidelines 
implementing common statutory and supervisory policies.

DATES: The FDIC anticipates that many of the reviews will result in the 
publication of proposals to revise specific regulations and statements 
of policy, with dates for comments identified at the time of 
publication. While comments may be submitted at any time through the 
due dates identified when those proposals are published, the FDIC urges 
interested parties to submit comments as soon as possible. Those 
submitted before the tentatively scheduled completion dates for the 
reviews, as displayed in the schedule at the end of this document are 
more likely to be considered during the early stages of the development 
of recommendations.

ADDRESSES: Written comments should be addressed to the Office of the 
Executive Secretary, FDIC, 550 17th Street, NW, Washington, D.C. 20429. 
Comments may be hand delivered to Room F-402, 1776 F Street, N.W., 
Washington, D.C. 20439, on business days between 8:30 a.m. and 5:00 
p.m. Comments may be sent fax to: (202) 898-3838 or by the Internet to: 
[email protected]. Comments will be available for inspection at the 
FDIC's Reading Room, Room 7118, 550 17th Street, N.W., Washington, D.C. 
between 9:00 a.m. and 4:30 p.m. on business days. All comments should 
reference CDRI section 303, and identify the regulation or policy 
statement which they concern.

FOR FURTHER INFORMATION CONTACT: Steven F. Hanft, Assistant Executive 
Secretary (Administration), Office of the Executive Secretary, (202) 
898-3907; or Judith Bailey, Counsel, Legal Division (202) 898-6955; 
Federal Deposit Insurance Corporation, 550 17th Street, NW., 
Washington, D.C. 20429.

SUPPLEMENTARY INFORMATION: The FDIC is conducting a systematic review 
of its regulations and written policies. Section 303(a) of the CDRI (12 
U.S.C. 4803(a)) requires that each federal banking agency shall, 
consistent with the principles of safety and soundness, statutory law 
and policy, and the public interest:
    (1) Conduct a review of the regulations and written policies of 
that agency to--
    (A) streamline and modify those regulations and policies in order 
to improve efficiency, reduce unnecessary costs, and eliminate 
unwarranted constraints on credit availability;
    (B) remove inconsistencies and outmoded and duplicative 
requirements; and
    (C) with respect to regulations prescribed pursuant to section 
18(o) of the Federal Deposit Insurance Act (12 U.S.C. 1828(o), (real 
estate lending standards), consider the impact that such standards have 
on the availability of credit for small business, residential, and 
agricultural purposes, and on low-and moderate-income communities;
    (2) work jointly with the Federal banking agencies to make uniform 
all regulations and guidelines implementing common statutory or 
supervisory policies; and
    (3) submit a joint report to Congress at the end of such 2-year 
period detailing the progress of the agencies in carrying out this 
subsection.
    Thus, there are two parts to the review required by section 303(a). 
First, the FDIC, like the other federal banking agencies, must review 
and streamline all its regulations and written policies to improve 
efficiency, to remove unnecessary costs and burdens, and to eliminate 
inconsistent, outmoded or duplicative provisions. Second, the FDIC is 
required to work with the other banking agencies to make uniform those 
regulations and guidelines that implement common statutory or 
supervisory policies. The federal banking agencies must report to 
Congress detailing the progress they have made in both the streamlining 
and uniformity reviews by September 23, 1996. To date, the FDIC has 
received some comments and uniformity reviews by September 23, 1996. To 
date, the FDIC has received some comments and suggestions for 
regulatory reform from interested parties, but the FDIC would like to 
encourage wider public involvement.
    The FDIC has place a high proprity on regulatory review. In 
testimony on May 18, 1995 before the Subcommittee on Financial 
Institutions and Consumer Credit of the Committee on Banking and 
Financial Services of the U.S. House of Representatives, Chairman 
Helfer stated that the FDIC would test regulations against specific 
criteria:

    (1) Whether the regulations are necessary to ensure a safe and 
sound banking system, (2) whether the regulations enhance the 
functioning of the marketplace, or (3) whether the regulations can 
be justified on strong public grounds related to consumer 
protection.

    The FDIC is devoting considerable resources to regulatory review. 
The FDIC has assembled staff teams to review each of its regulations 
and policy statements, and those teams already 

[[Page 62346]]
have begun this reviews. Further, FDIC staff is coordinating with staff 
of the other federal banking agencies to review common regulations, 
written policies and guidelines, with the goal of working toward 
uniformity. A schedule for reviewing FDIC regulations and policy 
statements appears at the end of this notice.
    The FDIC seeks to impose the least intrusive and least burdensome 
regulations possible while affording maximum flexibility in 
implementing its statutory mandates. This approach is evident in recent 
changes to assessment regulation (12 CFR Part 327) which automate the 
assessment process and permit insured institutions to take advantage of 
a more flexible payment schedule, and to the FDIC's regulations on real 
estate appraisals (12 CFR Part 323), which reduce costs and encourage 
lending by decreasing the number of loans requiring an appraisal.
    This approach is also manifested in the implementation of various 
provisions of FDICIA in which the FDIC has adopted minimal regulations 
together with flexible guidelines, such as the audit regulations (12 
CFR Part 363), standards for safety and soundness (12 CFR Part 364), 
and real estate lending standards (12 CFR Part 365). Further, the FDIC 
is reducing regulatory burden by linking supervision more closely to 
risk with the risk-based insurance program, whereby well-capitalized 
and well-managed institutions are charged considerably less for deposit 
insurance than institutions that are undercapitalized and exhibit 
weakness.
    The FDIC's is mindful that regulatory burden also may be associated 
with examination and supervisory process, and is therefore 
investigating and introducing less intrusive examination techniques. 
The FDIC has reduced total hours per examination by 10% through pre-
examination planning doing more of the examination work off-site in 
FDIC field offices coordinating examinations with sate and other 
federal regulators to eliminate supervisory overlap and to extend the 
examination cycle when appropriate, and increasing examination 
efficiency through automation of the examination process. The FDIC is 
beginning to develop an automated loan review program that will reduce 
the number of specialized loan reports requested by examiners.
    The FDIC is also seeking additional reductions by surveying bankers 
to determine what the industry feels is burdensome about the 
examination process; and by investigating the use of Internet to permit 
electronic submission of applications, and to make available to the 
public supervisory materials such as Financial Institution Letters, 
examination manuals, and the rules and regulations of the FDIC. The 
FDIC has already established procedures for using the Internet to 
comment on proposed rules and regulations. Additional regulatory 
revisions that are complete or well underway include:
     Final revisions to the FDIC's regulations implementing the 
Community Reinvestment Act (12 CFR Part 345) have been approved by the 
FDIC Board of Directors and were published on May 4, 1995 (60 FR 
22156), providing more objective, performance-based assessment 
standards that minimize the burden of compliance while improving 
performance. The revised regulation provides alternative examination 
methods for different sizes and types of institutions, and emphasizes 
results rather than paperwork and procedure.
     A notice of proposed rulemaking to streamline and clarify 
the flood insurance provisions in the FDIC's regulations on ``Loans in 
Areas having Special Flood Hazards'' (12 CFR Part 339) was published on 
October 18, 1995 (60 FR 53962), with comments due December 17, 1995. 
The proposed changes to this regulation would clarify its terms and 
standardize recordkeeping and reporting requirements among all insured 
institutions.
     A notice of proposed rulemaking to simplify the reporting 
of suspected criminal activity, ``Reports of Apparent Crimes'' (12 CFR 
Part 353), was published on September 14, 1995, with a comment period 
that closed November 13, 1995 (60 FR 47719).
     A notice of proposed rulemaking on revisions to 
``Disclosure of Information'' (12 CFR Part 309) was published on July 
6, 1995 (60 FR 35148) with a comment period that closed September 9, 
1995. The proposed revisions would make it easier for the public to 
obtain information from the FDIC.
    As it continues with its regulatory review, the FDIC would like to 
provide an opportunity for the earliest possible participation by 
consumers, banking industry representatives, and the general public, 
before notices of proposed rulemaking and proposed revisions to policy 
statements are published by the FDIC Board as part of a notice-and-
comment process. To that end the FDIC is encouraging the public to 
provide suggestions early in the review cycle to assist in the 
development of specific regulatory proposals. It is anticipated that, 
in many cases specific recommendations for modifying the FDIC's 
regulations and policies will be brought before the FDIC's Board of 
Directors as a result of the reviews. Those recommendations, if adopted 
by the FDIC's Board, will be published as formal proposals for comment. 
Comments provided at this early stage, however, will permit the 
formulation of improved proposals for consideration by the FDIC's Board 
of Directors. The request for comments at this early stage is thus 
separate from, and in addition to, any future opportunity for comment 
on specific proposed revisions to individual regulations and policies 
that may result from the work of the reviewing teams.
     Comments should be submitted on regulations and written 
policies that are unique to the FDIC as well as those that are in 
common with the other federal banking agencies.
     Comments should focus on and cite particular provisions or 
language, and provide particular reasons why such provisions are 
burdensome, inefficient or outmoded.
     Comments should cite particular provisions or language 
that should be revised or eliminated and, where possible or 
appropriate, suggest alternative provisions or language.
     If the implementation of a comment would require modifying 
the statutes that underlie a regulation or policy, the comment should, 
if possible, identify the needed statutory change.
    Existing FDIC regulations are found in chapter XXII of title 5 and 
chapter III of title 12 of the Code of Federal Regulations. FDIC 
Statements of Policy are compiled in 2 FDIC Law, Regulations, Related 
Acts (FDIC), 5001-5412. As noted above, the FDIC anticipated that many 
of the reviews will result in the publication of proposals to revise 
specific regulations and statements of policy, with due dates for 
comments identified at the time of publication. While comments may be 
submitted at any time through the due dates identified when those 
proposals are published, the FDIC urges interested parties to submit 
comments as soon as possible. Those submitted before the tentatively 
scheduled completion dates for the reviews, as displayed in the 
schedule below, are more likely to be considered during the early 
stages of the development of recommendations. It is hoped that, by 
providing this schedule, commenters will have the ability to address 
significant regulatory issues in an orderly and focused fashion. Page 
numbers in the schedule refer to the location of policy statements in 
the FDIC's looseleaf service known as FDIC Law, Regulations, Related 
Acts.

Tentative Schedule for Reviewing Regulations and Statements of Policy 
of the FDIC Under Section 303(a) of CDRI

                                                                        

[[Page 62347]]
                        FDIC.--Tentative Schedule of Regulatory Reviews Under Section 303                       
----------------------------------------------------------------------------------------------------------------
          Part/page No.                Regulation/statement of policy                    Target date            
----------------------------------------------------------------------------------------------------------------
Page No. 5241...................  Joint Policy Statement on Delayed         2nd Quarter 1995.                   
                                   Availability of Funds.                                                       
Page No. 5271...................  Joint Policy Statement on Basic           2nd Quarter 1995.                   
                                   Financial Services.                                                          
310.............................  Privacy Act Regulations.................  3rd Quarter 1995.                   
339.............................  Loans in Areas Having Special Flood       4th Quarter 1995.                   
                                   Hazards.                                                                     
Page No. 5411...................  Statement of Policy Regarding Treatment   4th Quarter 1995.                   
                                   of Collateralized Letters of Credit                                          
                                   After Appointment of the Federal                                             
                                   Deposit Insurance Corporation as                                             
                                   Conservator or Receiver.                                                     
309.............................  Disclosure of Information...............  4th Quarter 1995.                   
307.............................  Notification of Changes of Insured        4th Quarter 1995.                   
                                   Status.                                                                      
308.............................  Rules of Practice and Procedure.........  4th Quarter 1995.                   
323.............................  Appraisals..............................  4th Quarter 1995.                   
324.............................  Agricultural Loan Loss Amortization.....  4th Quarter 1995.                   
326.............................  Minimum Security Devices and Procedures   4th Quarter 1995.                   
                                   and Bank Secrecy Act Compliance.                                             
328.............................  Advertisement of Membership.............  4th Quarter 1995.                   
333.............................  Extension of Corporate Powers...........  4th Quarter 1995.                   
335.............................  Securities of Nonmember Insured Banks...  4th Quarter 1995.                   
344.............................  Recordkeeping and Confirmation            4th Quarter 1995.                   
                                   Requirements for Securities                                                  
                                   Transactions.                                                                
353.............................  Reports of Apparent Crimes Affecting      4th Quarter 1995.                   
                                   Insured Nonmember Banks.                                                     
363.............................  Annual Independent Audits and Reporting   4th Quarter 1995.                   
                                   Requirements.                                                                
Page No. 5061...................  Offering Circular Requirements for        4th Quarter 1995.                   
                                   Public Issuance of Bank Securities;                                          
                                   Statement of Policy Regarding Use of                                         
                                   Offering Circulars in Connection with                                        
                                   Public Distribution of Bank Securities.                                      
Page No. 5073...................  Federal Financial Institutions            4th Quarter 1995.                   
                                   Examination Council Policy Statement--                                       
                                   Disclosure of Statutory Enforcement                                          
                                   Actions.                                                                     
Page No. 5145...................  FDIC Statement of Policy; Bank Merger     4th Quarter 1995.                   
                                   Transactions.                                                                
Page No. 5209...................  Interagency Policy Statement Regarding    4th Quarter 1995.                   
                                   Advertising of NOW Accounts.                                                 
Page No. 5225...................  FDIC Statement of Policy on the           4th Quarter 1995.                   
                                   Applicability of the Glass-Steagall Act                                      
                                   to Securities Activities of                                                  
                                   Subsidiaries of Insured Nonmember Banks.                                     
Page No. 5259...................  Justice Department Policy on Bank         4th Quarter 1995.                   
                                   Bribery Prosecution.                                                         
Page No. 5277...................  Guidelines for Monitoring Bank Secrecy    4th Quarter 1995.                   
                                   Act Compliance.                                                              
Page No. 5289...................  Guidelines for Compliance with the        4th Quarter 1995.                   
                                   Federal Bank Bribery Law.                                                    
Page No. 5305...................  Interagency Policy on Contingency         4th Quarter 1995.                   
                                   Planning for Financial Institutions.                                         
Page No. 5317...................  FFIEC Supervisory Policy on Large-Scale   4th Quarter 1995.                   
                                   Integrated Financial Software System                                         
                                   (LSIS).                                                                      
Page No. 5321...................  Risks and Controls in End-User Computing  4th Quarter 1995.                   
Page No. 5325...................  Interagency Statement on EDP Service      4th Quarter 1995.                   
                                   Contracts.                                                                   
Page No. 5345...................  FFIEC EDP Interagency Examination,        4th Quarter 1995.                   
                                   Scheduling and Distribution Policy.                                          
Page No. 5371...................  Policy Statement to Address the Problem   4th Quarter 1995.                   
                                   of the Use of Large-Value Funds                                              
                                   Transfers for Money Laundering.                                              
Page No. 5395...................  Statement of Policy on Alternative        4th Quarter 1995.                   
                                   Dispute Resolution.                                                          
342.............................  Applications for a Stay or Review of      1st Quarter 1996.                   
                                   Actions of Bank Clearing Agencies.                                           
Page No. 5235...................  FDIC Statement of Policy on Assistance    1st Quarter 1996.                   
                                   to Operating Insured Depository                                              
                                   Institutions.                                                                
304.............................  Forms, Instructions, and Reports........  1st Quarter 1996.                   
Page No. 5039...................  Time Limits for Filing Reports of         1st Quarter 1996.                   
                                   Condition.                                                                   
343.............................  Insured State Nonmember Banks which are   1st Quarter 1996.                   
                                   Municipal Securities Dealers.                                                
Page No. 5029...................  Insured State Nonmember Banks--Statement  1st Quarter 1996.                   
                                   of Policy and Guidelines for                                                 
                                   Investments in ``Leeway Securities''.                                        
311.............................  Rules Governing Public Observation of     1st Quarter 1996.                   
                                   Meetings of the Corporation's Board of                                       
                                   Directors.                                                                   
329.............................  Interest on Deposits....................  1st Quarter 1996.                   
348.............................  Management Official Interlocks..........  1st Quarter 1996.                   
Page No. 5053...................  Changes in Control in Insured Nonmember   1st Quarter 1996.                   
                                   Banks.                                                                       
Page No. 5065...................  Federal Financial Institutions            1st Quarter 1996.                   
                                   Examination Council on Behalf of its                                         
                                   Constituent Agencies--Joint Notice of                                        
                                   Policy Statement on Discrimination.                                          
Page No. 5113...................  FDIC Statement of Policy on Qualified     1st Quarter 1996.                   
                                   Financial Contracts.                                                         
Page No. 5195...................  Joint Notice of Adoption of Standard      1st Quarter 1996.                   
                                   Descriptive Terms to be used in                                              
                                   Competitive Factor Reports Prepared                                          
                                   Pursuant to the Bank Merger Act (12                                          
                                   U.S.C. 1828(c)).                                                             
Page No. 5275...................  Guidelines for Implementing a Policy of   1st Quarter 1996.                   
                                   Capital Forbearance.                                                         
Page No. 5329...................  Policy Statement on Encouragement and     1st Quarter 1996.                   
                                   Preservation of Minority Ownership of                                        
                                   Financial Institutions.                                                      
Page No. 5331...................  FDIC Statement of Policy Regarding the    1st Quarter 1996.                   
                                   Payment of State and Local Property                                          
                                   Taxes.                                                                       
Page No. 5335...................  Statement of Policy Regarding Treatment   1st Quarter 1996.                   
                                   of Collateralized Put Obligations After                                      
                                   Appointment of the Federal Deposit                                           
                                   Insurance Corporation as Conservator or                                      
                                   Receiver.                                                                    
Page No. 5369...................  Statement Concerning the                  1st Quarter 1996.                   
                                   Responsibilities of Bank Directors and                                       
                                   Officers.                                                                    
Page No. 5373...................  Interagency Policy Statement on           1st Quarter 1996.                   
                                   Documentation for Loans to Small- and                                        
                                   Medium-sized Businesses and Farms.                                           
Page No. 5377...................  Statement of Policy Regarding Treatment   1st Quarter 1996.                   
                                   of Security Interests After Appointment                                      
                                   of the Federal Deposit Insurance                                             
                                   Corporation as Conservator or Receiver.                                      
Page No. 5381...................  Statement of Policy on Contracting With   1st Quarter 1996.                   
                                   Outside Firms.                                                               
Page No. 5387...................  Interagency Guidance on Accounting for    1st Quarter 1996.                   
                                   Dispositions of Other Real Estate Owned.                                     
Page No. 5391...................  Policy Statement of Board of Governors    1st Quarter 1996.                   
                                   of the Federal Reserve System, Office                                        
                                   of the Comptroller of the Currency,                                          
                                   Federal Deposit Insurance Corporation,                                       
                                   and Office of Thrift Supervision                                             
                                   Concerning Branch Closing Notices and                                        
                                   Policies.                                                                    
12 CFR 337.6....................  Brokered Deposits.......................  1st Quarter 1996.                   
5 CFR 3201......................  Supplemental Standards of Conduct for     2nd Quarter 1996.                   
                                   Employees of the FDIC.                                                       
341.............................  Registration of Securities Transfer       2nd Quarter 1996.                   
                                   Agents.                                                                      

[[Page 62348]]
                                                                                                                
Page No. 5175...................  National Historic Preservation Act of     2nd Quarter 1996.                   
                                   1966.                                                                        
Page No. 5043...................  Improper and Illegal Payments by Banks    2nd Quarter 1996.                   
                                   and Bank Holding Companies.                                                  
337.............................  Unsafe and Unsound Banking Practices....  2nd Quarter 1996.                   
346.............................  Foreign Banks...........................  2nd Quarter 1996.                   
347.............................  Foreign Activities of Insured State       2nd Quarter 1996.                   
                                   Nonmember Banks.                                                             
349.............................  Reports and Public Disclosure of          2nd Quarter 1996.                   
                                   Indebtedness of Executive Officers and                                       
                                   Principal Shareholders to a State                                            
                                   Nonmember Bank and its Correspondent                                         
                                   Banks.                                                                       
360.............................  Receivership Rules......................  2nd Quarter 1996.                   
362.............................  Activities and Investments of Insured     2nd Quarter 1996.                   
                                   State Banks.                                                                 
Page No. 5031...................  Applications, Legal Fees, and Other       2nd Quarter 1996.                   
                                   Expenses.                                                                    
Page No. 5041...................  Consent to Service of Persons Convicted   2nd Quarter 1996.                   
                                   of Offenses Involving Dishonesty or a                                        
                                   Breach of Trust as Directors, Officers                                       
                                   or Employees of Insured Banks.                                               
Page No. 5075...................  Interagency Coordination of Formal        2nd Quarter 1996.                   
                                   Corrective Action by the Federal Bank                                        
                                   Regulatory Agencies.                                                         
Page No. 5077...................  Interagency Coordination of Bank Holding  2nd Quarter 1996.                   
                                   Company Inspections and Subsidiary Bank                                      
                                   Examinations.                                                                
Page No. 5079...................  Uniform Financial Institutions Rating     2nd Quarter 1996.                   
                                   System.                                                                      
Page No. 5081...................  Uniform Policy for Classification of      2nd Quarter 1996.                   
                                   Consumer Installment Credit Based on                                         
                                   Delinquency Status.                                                          
Page No. 5105...................  Applications to Establish a Domestic      2nd Quarter 1996.                   
                                   Branch (includes Remote Service                                              
                                   Facilities).                                                                 
Page No. 5125...................  Applications to Relocate Main Office or   2nd Quarter 1996.                   
                                   Branch (includes Remote Service                                              
                                   Facilities).                                                                 
Page No. 5155...................  Applications Under Section 19 of the      2nd Quarter 1996.                   
                                   Federal Deposit Insurance Act.                                               
Page No. 5185...................  National Environmental Policy Act of      2nd Quarter 1996.                   
                                   1969.                                                                        
Page No. 5201...................  Interagency Policy Regarding the          2nd Quarter 1996.                   
                                   Assessment of Civil Money Penalties by                                       
                                   the Federal Financial Institutions                                           
                                   Regulatory Agencies.                                                         
Page No. 5217...................  FDIC Statement of Policy on Retail        2nd Quarter 1996.                   
                                   Repurchase Agreements.                                                       
Page No. 5237...................  Statement Regarding Eligibility to Make   2nd Quarter 1996.                   
                                   Application to Become an Insured Bank                                        
                                   Under Section 5 of the Federal Deposit                                       
                                   Insurance Act.                                                               
Page No. 5249...................  Federal Financial Institutions            2nd Quarter 1996.                   
                                   Examination Council Supervisory Policy--                                     
                                   Securities Lending.                                                          
Page No. 5257...................  Federal Financial Institutions            2nd Quarter 1996.                   
                                   Examination Council Supervisory Policy--                                     
                                   The Sale of U.S. Government Guaranteed                                       
                                   Loans and Sale Premiums.                                                     
Page No. 5265...................  Federal Financial Institutions            2nd Quarter 1996.                   
                                   Examination Council Supervisory Policy--                                     
                                   Repurchase Agreements of Depository                                          
                                   Institutions With Securities Dealers                                         
                                   and Others.                                                                  
Page No. 5299...................  Statement of Policy Regarding             2nd Quarter 1996.                   
                                   Independent External Auditing Programs                                       
                                   of State Nonmember Banks.                                                    
Page No. 5349...................  Applications for Deposit Insurance......  2nd Quarter 1996.                   
Page No. 5057...................  Development and Review of FDIC Rules and  3rd Quarter 1996.                   
                                   Regulations.                                                                 
Page No. 5035...................  Gold....................................  3rd Quarter 1996.                   
5 CFR 3202......................  Financial Disclosure Requirements for     3rd Quarter 1996.                   
                                   Employees of the FDIC.                                                       
303.............................  Applications, Requests, Submittals,       3rd Quarter 1996.                   
                                   Delegations of Authority, and Notices                                        
                                   Required to be Filed by Statute or                                           
                                   Regulation.                                                                  
325.............................  Capital Maintenance.....................  3rd Quarter 1996.                   
Page No. 5067...................  Statement of Policy Concerning Interest   3rd Quarter 1996.                   
                                   Rate Futures Contracts, Forward                                              
                                   Contracts and Standby Contracts.                                             
Page No. 5197...................  Uniform Guideline on Internal Control     3rd Quarter 1996.                   
                                   for Foreign Exchange Activities in                                           
                                   Commercial Banks.                                                            
Page No. 5293...................  Supervisory Policy Statement on           3rd Quarter 1996.                   
                                   Securities Activities.                                                       
Page No. 5327...................  Statement of Policy Regarding Liability   3rd Quarter 1996.                   
                                   of Commonly Controlled Depository                                            
                                   Institutions.                                                                
327.............................  Assessments.............................  4th Quarter 1996.                   
338.............................  Fair Housing............................  4th Quarter 1996.                   
Page No. 5049...................  Administrative Enforcement of the Truth   4th Quarter 1996.                   
                                   in Lending Act--Restitution.                                                 
Page No. 5221...................  Equal Credit Opportunity and Fair         4th Quarter 1996.                   
                                   Housing Acts Enforcement Policy                                              
                                   Statement.                                                                   
Page No. 5303...................  Federal Financial Institutions            4th Quarter 1996.                   
                                   Examination Council Statement on the                                         
                                   Home Mortgage Disclosure Act.                                                
Page No. 5337...................  FFIEC Policy Statement Prescreening by    4th Quarter 1996.                   
                                   Financial Institutions and the Fair                                          
                                   Credit Reporting Act.                                                        
Page No. 5397...................  Policy Statement on Discrimination in     4th Quarter 1996.                   
                                   Lending.                                                                     
330.............................  Deposit Insurance Coverage..............  4th Quarter 1996.                   
350.............................  Disclosure of Financial and Other         4th Quarter 1996.                   
                                   Information by FDIC-Insured State                                            
                                   Nonmember Banks.                                                             
351.............................  International Operations................  4th Quarter 1996.                   
365.............................  Real Estate Lending Standards...........  4th Quarter 1996.                   
Page No. 5045...................  Income Tax Remittance by Banks to         4th Quarter 1996.                   
                                   Holding Company Affiliates.                                                  
Page No. 5063...................  Statement of Policy on Supervision of     4th Quarter 1996.                   
                                   U.S. Branches and Agencies of Foreign                                        
                                   Banks.                                                                       
Page No. 5213...................  Uniform Interagency Consumer Compliance   4th Quarter 1996.                   
                                   Rating System.                                                               
Page No. 5302.01................  Statement of Policy Providing Guidance    4th Quarter 1996.                   
                                   on External Auditing Procedures for                                          
                                   State Nonmember Banks.                                                       
Page No. 5359...................  Statement of Policy on Foreclosure        4th Quarter 1996.                   
                                   Consent and Redemption Rights.                                               
Page No. 5367...................  Interagency Policy Statement on           4th Quarter 1996.                   
                                   Coordination and Communication Between                                       
                                   External Auditors and Examiners.                                             
Page No. 5165...................  Policy Statement on Community             3rd Quarter 1997.                   
                                   Reinvestment Act.                                                            
Page No. 5205...................  Community Reinvestment Act Information    3rd Quarter 1997.                   
                                   Statement.                                                                   
Page No. 5227...................  Revised Uniform Interagency Community     3rd Quarter 1997.                   
                                   Reinvestment Act Assessment Rating                                           
                                   System.                                                                      
Page No. 5309...................  Statement of the Federal Financial        3rd Quarter 1997.                   
                                   Supervisory Agencies Regarding the                                           
                                   Community Reinvestment Act.                                                  
Page No. 5339...................  Federal Financial Institutions            3rd Quarter 1997.                   
                                   Examination Council Community                                                
                                   Reinvestment Act Policy Statement on                                         
                                   Analyses of Geographic Distribution of                                       
                                   Lending.                                                                     
----------------------------------------------------------------------------------------------------------------

                                                                            
[[Page 62349]]

    Dated: November 28, 1995.

Federal Deposit Insurance Corporation.
Jerry L. Langley,
Executive Secretary.
[FR Doc. 95-29541 Filed 12-5-95; 8:45 am]
BILLING CODE 6714-01-M

Complete official Federal Register PDF

FR Doc. 95-29535 Income Exclusions in the Supplemental Security Income Program
[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Pages 62356-62359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29535]

-----------------------------------------------------------------------

SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416

[Regulation No. 16]
RIN 0960-AE22

Income Exclusions in the Supplemental Security Income Program

AGENCY: Social Security Administration.

ACTION: Proposed rules.

-----------------------------------------------------------------------

SUMMARY: These proposed supplemental security income (SSI) regulations 
update existing regulations to reflect the statutory amendment of the 
exclusion from income of Alaska Longevity Bonus (ALB) payments. They 
also update existing regulations to reflect the statutory exclusion 
from income of hostile fire pay received by an SSI claimant or 
recipient and reflect the current operating procedure of excluding 
hostile fire pay when determining the countable income of an ineligible 
spouse or ineligible parent. In addition, they update existing 
regulations to reflect the current operating procedure of excluding 
impairment-related work expenses, interest on excluded burial funds, 
appreciation in the value of excluded burial arrangements, and interest 
on the value of excluded burial space purchase agreements, when 
determining the countable income of an ineligible spouse or ineligible 
parent.

DATES: To be sure that your comments are considered, we must receive 
them no later than February 5, 1996.

ADDRESSES: Comments should be submitted in writing to the Commissioner 
of Social Security, P.O. Box 1585, Baltimore, MD 21235, sent by telefax 
to (410) 966-2830, sent by E-mail to ``[email protected]'' or 
delivered to 3-B-1 Operations Building, 6401 Security Boulevard, 
Baltimore, MD 21235, between 8:00 a.m. and 4:30 p.m. on regular 
business days.

FOR FURTHER INFORMATION CONTACT: Henry D. Lerner, Legal Assistant, 3-B-
1 Operations Building, 6401 Security Boulevard, Baltimore, MD 21235, 
(410) 965-1762.

SUPPLEMENTARY INFORMATION: For purposes of the SSI program, income is 
defined in our regulations to mean anything that is received in cash or 
in kind which can be used to meet an individual's needs for food, 
clothing, or shelter. These proposed regulations include certain 
provisions which address items that are excluded from income.

Alaska Longevity Bonus Payments

    Under section 1612(b)(2)(B) of the Social Security Act (the Act), 
Alaska Longevity Bonus (ALB) payments are excluded from income under 
certain circumstances.
    Originally, the ALB program made monthly payments to residents of 
Alaska who had attained age 65 and had lived in the State continuously 
for at least 25 years. The SSI income exclusion applied to such 
payments if made under a program established before July 1, 1973. 
However, following a decision by the Alaska State Supreme Court that 
the 25-year residency requirement was unconstitutional, in 1984 the 
State legislature changed the residency requirement to 1 year.
    Concerns were raised that since the revised (1984) ALB program was 
established after July 1, 1973, the controlling date of the original 
section 1612(b)(2)(B) provision, payments made under the revised ALB 
program could no longer be excluded for SSI purposes. Section 2616 of 
Public Law 98-369 was enacted on July 18, 1984 to address those 
concerns. Section 2616 amended section 1612(b)(2)(B) of the Act in such 
a way as to:
     Continue the ALB exclusion for persons who, prior to 
October 1985, became eligible for SSI and satisfied the 25-year 
residence requirement of the program as in effect prior to January 1, 
1983; and
     Preclude extending the ALB exclusion to ALB payments based 
on the 1-year residency requirement.
    Current regulations at Secs. 416.1124(c)(7) and 416.1161(a)(12) 
follow the wording of the original statutory exclusion in section 
1612(b)(2)(B) of the Act. Regulations at Sec. 416.1124(c)(7) presently 
provide for excluding from the income of a claimant or recipient 
``[p]eriodic payments made by a State under a program established 
before July 1, 1973, and based solely on your length of residence and 
attainment of age 65 * * *.'' Regulations at Sec. 416.1161(a)(12) 
presently provide for excluding from the income of an ineligible spouse 
or ineligible parent ``[p]eriodic payments made by a State under a 
program established before July 1, 1973, and based solely on duration 
of residence and attainment of age 65 * * *.''
    The proposed regulations will change the wording of the above 
referenced regulations so that they conform to the 1984 legislation. 
The proposed regulatory language will not change 

[[Page 62357]]
current operating procedures since those procedures already conform to 
the 1984 legislation.

Hostile Fire Pay

    Although it is unlikely that an active member of the uniformed 
services would apply or be eligible for SSI benefits, some military 
service members have spouses and children who apply for and receive SSI 
benefits.
    Under section 209(d) of the Act, basic pay is the only form of 
compensation to members of the uniformed services that is treated as 
wages for title II purposes. Under section 1612(a)(1) of the Act, 
earned income in the form of wages for SSI purposes is the same as 
wages for the title II annual earnings test. Therefore, basic pay is 
the only form of military compensation that is treated as wages, and 
hence, as earned income, for SSI purposes.
    All other forms of compensation to members of the uniformed 
services are considered unearned income. These other forms of 
compensation include allowances paid in cash for food, clothing, and 
shelter; free food, clothing, and shelter; and special and incentive 
pay.
    One form of special pay is hostile fire pay, which is authorized 
under 37 U.S.C. 310. Hostile fire pay is a type of special pay to a 
service member who, for any month he/she is entitled to basic pay, is:
     Subject to hostile fire or explosion of hostile mines; or
     On duty in an area in which he/she is in imminent danger 
of being exposed to hostile fire or explosion of hostile mines, and
    While on duty in that area, other service members in the same area 
are subject to hostile fire or explosion of hostile mines; or
     Killed, injured, or wounded by hostile fire, explosion of 
a hostile mine, or any other hostile action.
    Section 13733(b) of the Omnibus Budget Reconciliation Act of 1993 
(OBRA), Pub. L. 103-66, amended section 1612(b) of the Act to exclude 
from income any hostile fire pay received in or after October 1993.
    Current regulations do not reflect the exclusion from income of 
hostile fire pay for eligible individuals, but hostile fire pay has 
been excluded under SSI operating procedure since October 1, 1993. 
Moreover, under these instructions, such pay has been excluded in 
determining the income of ineligible spouses and parents whose income 
is deemed to eligible individuals.
    In addition to adding to the regulations the statutorily required 
exclusion of hostile fire pay from an eligible individual's income, we 
propose to include the current operating procedure of excluding hostile 
fire pay when determining the countable income of an ineligible spouse 
or ineligible parent. The proposed inclusion reflects the statutory 
authority granted the Commissioner of Social Security under section 
1614(f) (1) and (2) of the Act to waive the deeming of income from an 
ineligible spouse or parent to an eligible individual when such deeming 
is determined by the Commissioner of Social Security to be inequitable 
under the circumstances. By specifically singling out hostile fire pay 
for exclusion from an eligible individual's income, Congress expressed 
its intent that receipt of these monies should not have an adverse 
effect on an individual's SSI eligibility or payment amount. This 
intent would not be realized if these monies were deemed to an eligible 
individual. The statutory exclusion of hostile fire pay would have 
little meaning if not applied to ineligible spouses and parents since, 
as noted above, it is unlikely that an active member of the uniformed 
services would be eligible for SSI.

Impairment-Related Work Expenses

    Impairment-related work expenses (IRWE) are expenses for items or 
services which are directly related to enabling a person with a 
disability to work and which are necessarily incurred by that 
individual because of a physical or mental impairment as explained at 
regulations Secs. 404.1576 and 416.976.
    Prior to December 1, 1990, in determining countable income, an 
individual's IRWE were deducted from his/her earned income once 
eligibility was established without using this exclusion. Effective 
December 1, 1990, section 5033 of Public Law 101-508 amended section 
1612(b)(4)(B)(ii) of the Act and liberalized the IRWE exclusion. The 
legislation allows an individual to use the IRWE exclusion to establish 
eligibility.
    Regulations at Sec. 416.1112(c)(6) recently have been revised to 
implement changes enacted by section 5033 of Public Law 101-508. These 
regulatory revisions were published in the Federal Register on August 
12, 1994, at 59 FR 41400, 41405.
    Regulations at Sec. 416.1161(a) list the types of income that are 
excluded from the income of an ineligible spouse and ineligible parent 
for deeming purposes. IRWE are not included in this list, but IRWE have 
been excluded from the income of ineligible spouses and ineligible 
parents under SSI operating procedures since 1990.
    We propose to add to the regulations the current operating 
procedure which is to exclude IRWE when determining the countable 
income of an ineligible spouse or ineligible parent for deeming 
purposes. By specifically singling out IRWE for exclusion from an 
eligible individual's income, Congress expressed its intent that 
receipt of these monies should not have an adverse effect on an 
individual's SSI eligibility or payment amount. This intent would not 
be realized if these monies were deemed to an eligible individual. The 
proposed regulations would reflect the statutory authority granted the 
Commissioner of Social Security under section 1614(f) (1) and (2) of 
the Act to waive the deeming of income from an ineligible spouse or 
parent to an eligible individual when such deeming is determined by the 
Commissioner of Social Security to be inequitable under the 
circumstances.

Interest and Appreciation in Value of Excluded Burial Funds and Burial 
Space Purchase Agreements

    Effective November 1, 1982, section 185 of Public Law 97-248 
amended the Act to provide that any interest earned on excluded burial 
funds and any appreciation in the value of excluded burial arrangements 
left to accumulate, may be excluded from income by regulation. 
Effective April 1, 1990, section 8013 of Pub. L. 101-239 amended the 
Act to provide that interest earned on the value of agreements 
representing the purchase of excluded burial spaces is excluded from 
income if left to accumulate.
    Regulations at Sec. 416.1124(c)(9) implement the exclusion of 
interest earned on excluded burial funds and appreciation in the value 
of excluded burial arrangements, effective November 1, 1982. 
Regulations at Sec. 416.1124(c)(15) implement the exclusion of any 
interest earned on the value of agreements representing the purchase of 
excluded burial spaces, effective April 1, 1990.
    Regulations at Sec. 416.1161(a) (relating to the treatment of 
income of an ineligible spouse or ineligible parent) do not apply these 
exclusions for purposes of deeming income, but both types of interest 
and appreciation have been excluded from the income of ineligible 
spouses and ineligible parents under SSI operating procedure.
    We propose to add to the regulations the current operating 
procedure which is to exclude interest on burial funds, appreciation in 
the value of burial arrangements, and interest on the value of burial 
space purchase agreements, 

[[Page 62358]]
that are excluded from resources, when determining the countable income 
of an ineligible spouse or ineligible parent. The proposed regulations 
would reflect the statutory authority granted the Commissioner of 
Social Security under section 1614(f) (1) and (2) of the Act to waive 
the deeming of income from an ineligible spouse or parent to an 
eligible individual when such deeming is determined by the Commissioner 
of Social Security to be inequitable under the circumstances. By 
specifically singling out these monies for exclusion from an eligible 
individual's income, Congress expressed its intent that receipt of 
these monies should not have an adverse effect on an individual's SSI 
eligibility or payment amount. This intent would not be realized if 
these monies were deemed to an eligible individual.
    We are making a technical change to conform the language of 
Sec. 416.1124(c)(9) to a prior policy change. Effective July 11, 1990, 
changes related to the SSI burial fund exclusion were published in the 
Federal Register at 55 FR 28373-77. As a result of these changes, 
regulations at Sec. 416.1231(b)(1) were amended to require that 
excluded burial funds be kept separate from all other resources not 
intended for the burial of the individual or spouse. Furthermore, 
section 416.1231(b)(7) was revised to provide that interest earned on 
excluded burial funds and appreciation in the value of excluded burial 
arrangements are excluded from resources if left to accumulate and 
become part of the separate burial fund.
    Current regulations at Sec. 416.1124(c)(9) provide that we will not 
count as income interest earned on excluded burial funds and any 
appreciation in the value of an excluded burial arrangement which are 
left to accumulate and become part of the separately identifiable 
burial fund. We are conforming this regulation to the prior regulatory 
change requiring the burial fund to be separate from other nonburial-
related assets and not merely separately identifiable.
    The electronic file of this document is available on the Federal 
Bulletin Board (FBB) at 9 a.m. on the date of publication in the 
Federal Register. To download the file, modem dial (202) 512-1387. The 
FBB instructions will explain how to download the file and the fee. 
This file is in WordPerfect format and will remain on the FBB during 
the comment period.

Regulatory Procedures

Executive Order 12866

    We have consulted with the Office of Management and Budget and 
determined that these rules do not meet the criteria for a significant 
regulatory action under Executive Order 12866.

Regulatory Flexibility Act

    We certify that these rules will not have a significant economic 
impact on a substantial number of small entities since these rules 
affect only individuals. Therefore, a regulatory flexibility analysis 
as provided in Public Law 96-354, the Regulatory Flexibility Act, is 
not required.

Paperwork Reduction Act

    These regulations will impose no additional reporting and 
recordkeeping requirements subject to Office of Management and Budget 
clearance.

(Catalog of Federal Domestic Assistance: Program No. 96.006-
Supplemental Security Income.)

List of Subjects in 20 CFR Part 416

    Administrative practice and procedure, Aged, Blind, Disability 
benefits, Public assistance programs, Reporting and Recordkeeping 
Requirements, Supplemental Security Income (SSI).

    Approved: November 27, 1995.
Shirley Chater,
Commissioner of Social Security.

    For the reasons set out in the preamble, part 416, subpart K, of 
chapter III of title 20 of the Code of Federal Regulations is proposed 
to be amended as follows:

PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND 
DISABLED

Subpart K--[Amended]

    1. The authority citation for subpart K of part 416 is revised to 
read as follows:

    Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f), 
1621, and 1631 of the Social Security Act; 42 U.S.C. 902(a)(5), 
1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, and 1383; sec. 211 of 
Pub. L. 93-66 (87 Stat 154).

    2. Section 416.1124 is amended by revising paragraphs (c)(7) and 
(c)(9), by removing the ``and'' at the end of paragraph (c)(15) and the 
period at the end of paragraph (c)(16) and by adding ``; and'' at the 
end of paragraph (c)(16) and new paragraph (c)(19) to read as follows:

Sec. 416.1124   Unearned income we do not count.

* * * * *
    (c) * * *
    (7) Alaska Longevity Bonus payments made to an individual who is a 
resident of Alaska and who, prior to October 1, 1985: met the 25 year 
residency requirement for receipt of such payments in effect prior to 
January 1, 1983; and, was eligible for SSI;
* * * * *
    (9) Any interest earned on excluded burial funds and any 
appreciation in the value of an excluded burial arrangement which are 
left to accumulate and become a part of the separate burial fund. (See 
Sec. 416.1231 for an explanation of the exclusion of burial assets.) 
This exclusion from income applies to interest earned on burial funds 
or appreciation in the value of excluded burial arrangements which 
occur beginning November 1, 1982, or the date you first become eligible 
for SSI benefits, if later;
* * * * *
    (19) Hostile fire pay received from one of the uniformed services 
pursuant to 37 U.S.C. 310.
    3. Section 416.1161 is amended by revising paragraph (a)(12), by 
removing the period at the end of paragraph (a)(20) and adding a semi-
colon in its place and by adding new paragraphs (a)(23), (a)(24) and 
(a)(25) to read as follows:

Sec. 416.1161   Income of an ineligible spouse, ineligible parent, and 
essential person for deeming purposes.

* * * * *
    (a) * * *
    (12) Alaska Longevity Bonus payments made to an individual who is a 
resident of Alaska and who, prior to October 1, 1985: met the 25 year 
residency requirement for receipt of such payments in effect prior to 
January 1, 1983; and, was eligible for SSI;
* * * * *
    (23) Hostile fire pay received from one of the uniformed services 
pursuant to 37 U.S.C. 310;
    (24) Impairment-related work expenses, as described in 
Sec. 404.1576 of part 404, incurred and paid by an ineligible spouse or 
parent, if the ineligible spouse or parent receives disability benefits 
under title II of the Act; and
    (25) Interest earned on excluded burial funds and appreciation in 
the value of excluded burial arrangements which are left to accumulate 
and become part of separate burial funds, and interest accrued on and 
left to accumulate as part of the value of 

[[Page 62359]]
excluded agreements representing the purchase of excluded burial spaces 
(see Sec. 416.1124(c) (9) and (15)).
* * * * *
[FR Doc. 95-29535 Filed 12-5-95; 8:45 am]
BILLING CODE 4190-29-P

Complete official Federal Register PDF

FR Doc. 95-29533 Living In The Same Household And The Lump-Sum Death Payment
[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Pages 62354-62356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29533]

=======================================================================
-----------------------------------------------------------------------

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulation No. 4]
RIN 0960-AE20

Living In The Same Household And The Lump-Sum Death Payment

AGENCY: Social Security Administration.

ACTION: Proposed rules.

-----------------------------------------------------------------------

SUMMARY: We propose to revise our rules on ``living in the same 
household'' (LISH) and the lump-sum death payment (LSDP) to bring them 
into accord with legislation that restricted the payment of the LSDP. 
This revision will include the removal from our regulations of several 
outdated sections and paragraphs. We also propose to incorporate into 
our rules the policy established previously in a Social Security Ruling 
(SSR) that interpreted the definition of LISH to allow for extended 
separations that are based solely on medical reasons.

DATES: To be sure that your comments are considered, we must receive 
them no later than February 5, 1996.

ADDRESSES: Comments should be submitted in writing to the Commissioner 
of Social Security, P.O. Box 1585, Baltimore, MD 21235, sent by telefax 
to (410) 966-2830, sent by E-mail to ``[email protected]'', or 
delivered to the Division of Regulations and Rulings, Social Security 
Administration, 3-B-1 Operations Building, 6401 Security Boulevard, 
Baltimore, MD 21235, between 8:00 A.M. and 4:30 P.M. on regular 
business days. Comments may be inspected during these same hours by 
making arrangements with the contact person shown below.

FOR FURTHER INFORMATION CONTACT: Daniel T. Bridgewater, Legal 
Assistant, Division of Regulations and Rulings, Social Security 
Administration, 6401 Security Boulevard, Baltimore, MD 21235, (410) 
965-3298 for information about these rules. For information on 
eligibility or claiming benefits, call our national toll-free number, 
1-800-772-1213.

SUPPLEMENTARY INFORMATION:

Background

    Prior to passage of the Omnibus Budget Reconciliation Act of 1981, 
Public Law (Pub. L.) 97-35, the widow(er) of a deceased worker could 
qualify for the LSDP if he/she had been LISH with the deceased at the 
time of death or, under certain conditions, if he/she paid the burial 
expenses of the deceased. Thus, a widow(er) who was not LISH with the 
deceased could still receive the LSDP if he/she paid the deceased's 
burial expenses.
    Public Law 97-35 redefined who could qualify for the LSDP. 
Effective September 1, 1981, the LSDP no longer was payable to any 
individuals, other than those described in Pub. L. 97-35, or to funeral 
homes.
    Under Public Law 97-35, the LSDP is payable to 3 categories of 
individuals: (1) the surviving spouse of the deceased who was LISH with 
the deceased at the time of death; (2) a person who is entitled to (or 
was eligible for) benefits as a widow(er) or mother or father on the 
deceased's earnings record for the month of death; or (3) a child of 
the deceased who is entitled to (or was eligible for) benefits on the 
deceased's earnings record for the month of death.
    For those widow(ers) who were not LISH, a possible anomaly was 
created by the LSDP limitations in Public Law 97-35 and existing 
regulations. An example of such an anomaly is the following situation.
    A worker had been living in a nursing home for 3 years prior to his 
death because his wife was unable to provide the daily medical care he 
needed. Until 

[[Page 62355]]
his death, the worker was visited frequently by his wife, who lived in 
the house to which the worker would have returned if he were able. The 
widow was receiving a Retirement Insurance Benefit (RIB) which exceeded 
her late husband's Primary Insurance Amount (PIA). Based on Pub. L. 97-
35 and a strict interpretation of the regulatory definition of LISH, 
this widow would not qualify for the LSDP because she was neither LISH 
nor entitled to benefits based on her late husband's earnings record. 
(However, if the widow's RIB did not exceed her late husband's PIA, she 
would qualify for the LSDP.)

Present Policy

    Operating instructions, as well as most of the pertinent regulatory 
sections, have been changed to reflect the changes in the law 
established by Public Law 97-35. To qualify as a LISH spouse, the 
widow(er) and the deceased must have ``customarily lived together as 
husband and wife in the same residence'' (Sec. 404.347). While 
temporary separations do not necessarily preclude the Social Security 
Administration (SSA) from considering a couple to be LISH, extended 
separations (including most that last 6 months or more) generally 
indicate the couple was not LISH.
    However, in order to avoid the possible anomaly discussed above, 
SSR 82-50 was issued to provide for an exception when an extended 
separation is based solely on medical reasons. SSR 82-50 states:

    If a husband and wife are (or were) separated and continue(d) to 
be separated, solely for medical reasons, SSA may consider them to 
be living in the same household even if the separation is (or was) 
likely to be permanent and there is (or was) little or no 
expectation of the parties again physically residing together. As 
long as the spouse who is now applying for the LSDP or spouse's 
benefits based on a deemed marriage has continued to demonstrate 
strong personal and/or financial concern for the worker, SSA will 
assume they would have lived together (absent evidence to the 
contrary) had the medical reasons not necessitated their separation, 
and will pay the LSDP or spouse's benefits to the spouse.

Proposed Policy

    Since there are still some sections of our regulations that refer 
to the law on entitlement to the LSDP which predated Public Law 97-35 
and since these sections no longer are applicable, we propose to update 
or remove them. We will eliminate obsolete Secs. 404.393, 404.394, 
404.395, and 404.765, 404.3(a), 404.612(e), 404.615(b), and 404.2 
(a)(2) through (a)(6).
    Also, we propose to incorporate the LISH policy interpretation 
found in SSR 82-50 into our regulations. The proposed policy 
interpretation will clearly allow for extended separations due to the 
confinement of either spouse in a nursing home, hospital, or other 
medical institution. As long as evidence indicates the husband and wife 
were initially separated, and continue to be separated, solely for 
medical reasons and would otherwise have resided together, they will be 
considered to be LISH.

Electronic Version

    The electronic file of this document is available on the Federal 
Bulletin Board (FBB) at 9 a.m. on the date of publication in the 
Federal Register. To download the file, modem dial (202) 512-1387. The 
FBB instructions will explain how to download the file and the fee. 
This file is in WordPerfect and will remain on the FBB during the 
comment period.

Regulatory Procedures

Executive Order 12866

    We have consulted with the Office of Management and Budget (OMB) 
and determined that these proposed rules do not meet the criteria for a 
significant regulatory action under Executive Order 12866. Thus, they 
were not subject to OMB review.

Regulatory Flexibility Act

    We certify that these proposed rules will not have a significant 
economic impact on a substantial number of small entities since these 
rules affect only individuals. Therefore, a regulatory flexibility 
analysis as provided in Pub. L. 96-354, the Regulatory Flexibility Act, 
is not required.

Paperwork Reduction Act

    These proposed rules impose no additional reporting or 
recordkeeping requirements subject to OMB clearance.

(Catalog of Federal Domestic Assistance Program Nos. 96.001 Social 
Security--Disability Insurance; 96.002 Social Security--Retirement 
Insurance; 96.004 Social Security--Survivors Insurance)

List of Subjects in 20 CFR Part 404

    Administrative practice and procedure, Blind, Disability benefits, 
Old-Age, Survivors, and Disability Insurance, Reporting and 
recordkeeping requirements, Social security.

    Dated: November 27, 1995.
Shirley S. Chater,
Commissioner of Social Security.

    For the reasons set out in the preamble, subparts A, D, G, and H of 
part 404 of chapter III of title 20 of the Code of Federal Regulations 
are proposed to be amended as follows:

PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE 
(1950-    )

Subpart A--[Amended]

    1. The authority citation for subpart A of part 404 is revised to 
read as follows:

    Authority: Secs. 203, 205(a), 216(j), and 702(a)(5) of the 
Social Security Act (42 U.S.C. 203, 405(a), 416(j), and 902(a)(5)).

Sec. 404.2  [Amended]

    2. Section 404.2 is amended by removing paragraphs (a)(2) through 
(a)(6) and redesignating paragraph (a)(7) as paragraph (a)(2).

Sec. 404.3  [Amended]

    3. Section 404.3 is amended by removing paragraph (a) and 
redesignating paragraphs (b) and (c) as paragraphs (a) and (b), 
respectively.

Subpart D--[Amended]

    4. The authority citation for subpart D of part 404 is revised to 
read as follows:

    Authority: Secs. 202, 203 (a) and (b), 205(a), 216, 223, 225, 
228(a)-(e), and 702(a)(5) of the Social Security Act (42 U.S.C. 402, 
403 (a) and (b), 405(a), 416, 423, 425, 428(a)-(e), and 902(a)(5)).

    5. Section 404.347 is revised to read as follows:

Sec. 404.347  ``Living in the same household'' defined.

    Living in the same household means that you and the insured 
customarily lived together as husband and wife in the same residence. 
You may be considered to be living in the same household although one 
of you is temporarily absent from the residence. An absence will be 
considered temporary if:
    (a) It was due to service in the U.S. Armed Forces;
    (b) It was 6 months or less and neither you nor the insured were 
outside of the United States during this time and the absence was due 
to business, employment, or confinement in a hospital, nursing home, 
other medical institution, or a penal institution;
    (c) It was for an extended separation, regardless of the duration, 
due to the confinement of either you or the insured in a hospital, 
nursing home, or other medical institution, if the evidence indicates 
that you were separated solely for medical reasons and you otherwise 
would have resided together; or
    (d) It was based on other circumstances, and it is shown that you 
and the insured reasonably could have 

[[Page 62356]]
expected to live together in the near future.
    6. Section 404.390 is amended by revising the second sentence to 
read as follows:

Sec. 404.390  General.

    * * * If the insured is not survived by a widow(er) who meets this 
requirement, all or part of the $255 payment may be made to someone 
else as described in Sec. 404.392.
    7. Section 404.392 is amended by revising the section heading and 
the introductory text of paragraph (a) to read as follows:

Sec. 404.392  Who is entitled to the lump-sum death payment when there 
is no widow(er) who was living in the same household.

    (a) General. If the insured individual is not survived by a 
widow(er) who meets the requirements of Sec. 404.391, the lump-sum 
death payment shall be paid as follows:
* * * * *

Sec. 404.393  [Removed]

    8. Section 404.393 is removed.

Sec. 404.394  [Removed]

    9. Section 404.394 is removed.

Sec. 404.395  [Removed]

    10. Section 404.395 is removed.

Subpart G--[Amended]

    11. The authority citation for subpart G of part 404 is revised to 
read as follows:

    Authority: Secs. 202 (i), (j), (o), (p), and (r), 205(a), 
216(i)(2), 223(b), 228(a), and 702(a)(5) of the Social Security Act 
(42 U.S.C. 402 (i), (j), (o), (p), and (r), 405(a), 416(i)(2), 
423(b), 428(a), and 902(a)(5)).

Sec. 404.612  [Amended]

    12. Section 404.612 is amended by removing paragraph (e) and 
redesignating paragraphs (f), (g), and (h) as paragraphs (e), (f), and 
(g), respectively.

Sec. 404.615  [Amended]

    13. Section 404.615 is amended by removing paragraph (b) and 
redesignating paragraphs (c) and (d) as paragraphs (b) and (c), 
respectively.

Subpart H--[Amended]

    14. The authority citation for subpart H of part 404 is revised to 
read as follows:

    Authority: Secs. 205(a) and 702(a)(5) of the Social Security Act 
(42 U.S.C. 405(a) and 902(a)(5)).

Sec. 404.765  [Removed]

    15. Section 404.765 is removed.

[FR Doc. 95-29533 Filed 12-5-95; 8:45 am]
BILLING CODE 4190-29-P

Complete official Federal Register PDF

FR Doc. 95-29351 Proposed Establishment of Class E Airspace; North Las Vegas Air Terminal, NV.
[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Pages 62351-62352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29351]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95-AWP-41]

Proposed Establishment of Class E Airspace; North Las Vegas Air 
Terminal, NV.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This notice proposes to establish a Class E airspace area at 
North Las Vegas Air Terminal, Las Vegas, NV. The development of a 
Global Positioning System (GPS) Standard Instrument Approach Procedure 
(SIAP) to Runway (RWY) 12 has made this proposal necessary. The 
intended effect of this proposal is to provide adequate controlled 
airspace for Instrument Flight Rules (IFR) operations at North Las 
Vegas Air Terminal, Las Vegas, NV.

DATES: Comments must be received on or before January 5, 1996.

ADDRESSES: Send comments on the proposal in triplicate to: Federal 
Aviation Administration, Attn: Manager, System Management Branch, AWP-
530, Docket No. 95-AWP-41, Air Traffic Division, PO Box 92007, Worldway 
Postal Center, Los Angeles, California, 90009.

    The official docket may be examined in the Office of the Assistant 
Chief Counsel, Western Pacific Region, Federal Aviation Administration, 
Room 6007, 15000 Aviation Boulevard, Lawndale, California, 90261.
    An informal docket may also be examined during normal business at 
the Office of the Manger, System Management Branch, Air Traffic 
Division at the above address.

FOR FURTHER INFORMATION CONTACT:
Scott Speer, Airspace Specialist, System Management Branch, AWP-530, 
Air Traffic Division, Western-Pacific Region, Federal Aviation 

[[Page 62352]]
Administration, 15000 Aviation Boulevard, Lawndale, California, 90261, 
telephone (310)-725-6533.

SUPPLEMENTARY INFORMATION:

Comment Invited

    Interest parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. 
Communications should identify the airspace docket number and be 
submitted in triplicate to the address listed above. Commenters wishing 
the FAA to acknowledge receipt of their comments on this notice must 
submit with the comments a self-addressed, stamped postcard on which 
the following statement is made: ``Comments to Airspace Docket No. 95-
AWP-41.'' The postcard will be date/time stamped and returned to the 
commenter. All communications received on or before the specified 
closing date for comments will be considered before taking action on 
the proposed rule. The proposal contained in this notice may be changed 
in the light of comments received. All comments submitted will be 
available for examination in the System Management Branch, Air Traffic 
Division, at 15000 Aviation Boulevard, Lawndale, California 90261, both 
before and after the closing date for comments. A report summarizing 
each substantive public contact with FAA personnel concerned with this 
rulemaking will be filed in the docket.

Availability of NPRM

    Any person may obtain a copy of this notice of Proposed Rulemaking 
(NPRM) by submitting a request to the Federal Aviation Administration, 
System Management Branch, P.O. Box 92007, Worldway Postal Center, Los 
Angeles, California 90009. Communications must identify the notice 
number of this NPRM. Persons interested in being placed on a mailing 
list for future NPRM's should also request a copy of Advisory Circular 
No. 11-2A, which describes the application procedures.

The Proposal

    The FAA is considering an amendment to part 71 of the Federal 
Aviation Regulations (14 CFR part 71) to establish a Class E airspace 
area at North Law Vegas Air Terminal, Las Vegas NV. The development of 
a GPS SIAP at North Las Vegas Air Terminal has made this proposal 
necessary. The intended effect of this proposal is to provide adequate 
Class E airspace for aircraft executing the GPS RWY 12 SIAP at North 
Las Vegas Air Terminal, Las Vegas, NV. Class E airspace designations 
for airspace areas extending upward from 700 feet or more above the 
surface of the earth are published in Paragraph 6005 of FAA Order 
7400.9C dated August 17, 1995, and effective September 16, 1995, which 
is incorporated by reference in 14 CFR 71.1. The Class E airspace 
designation listed in this document would be published subsequently in 
this Order.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this proposed regulation--(1) is not a ``significant 
regulatory action'' under Executive Order 12866; (2) is not a 
``significant rule'' under DOT Regulatory Policies and Procedures (44 
FR 10034; February 26, 1979); and (3) does not warrant preparation of a 
Regulatory Evaluation as the anticipated impact is so minimal. Since 
this is a routine matter that will only affect air traffic procedures 
and air navigation, it is certified that this proposed rule would not 
have a significant economic impact on a substantial number of small 
entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--[AMENDED]

    1. The authority citation for 14 CFR part 71 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.

Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.09C, Airspace Designations and 
Reporting Points, dated August 17, 1995, and effective September 16, 
1995, is amended as follows:

Paragraph 6005  Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth

* * * * *

AWP NV E5  North Las Vegas Air Terminal, NV [New]

North Las Vegas Air Terminal, NV
    (Lat. 36 deg.12'45'' N, long. 115 deg.11'49'' W).

    That airspace extending upward from 700 feet above the surface 
within a 6.9-mile radius of the North Las Vegas Air Terminal, 
excluding that portion within the Las Vegas, NV, Class B airspace 
area.
* * * * *
    Issued in Los Angeles, California, on November 16, 1995.
James H. Snow,
Acting Manager, Air Traffic Division, Western-Pacific Region.
[FR Doc. 95-29351 Filed 12-5-95; 8:45 am]
BILLING CODE 4910-13-M

Complete official Federal Register PDF

FR Doc. 95-29250 Imidacloprid; Pesticide Tolerances
[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Pages 62366-62369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29250]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180 and 186

[PP 3F4169 and FAP 3H5655/P628; FRL-4971-7]
RIN 2070-AC18

Imidacloprid; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA proposes to establish permanent tolerances for residues of 
the insecticide (1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-2-
imidazolidinimine) (also known as imidacloprid) and it metabolites in 
or on cottonseed and cotton gin byproducts, to revoke the existing feed 
additive tolerance for imidacloprid on cotton meal, and to establish a 
maximum residue limit for imidacloprid on cottonseed meal. Bayer Corp. 
(formerly Miles, Inc.) submitted petitions pursuant to the Federal 
Food, Drug Cosmetic Act (FFDCA) requesting these regulations to 
establish certain maximum permissible levels for residues of the 
insecticide.

DATES: Comments, identified by the document control number, [PP 3F4169 
and FAP 3H5655/P628], must be received on or before January 5, 1996.

ADDRESSES: By mail, submit written comments to: Public Response and 
Program Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. In person, bring comments to: Rm. 1132, CM #2, 
1921 Jefferson Davis Hwy., Arlington, VA 22202. Information submitted 
as a comment concerning this document may be claimed confidential by 
marking any part or all of that information as ``Confidential Business 
Information'' (CBI). Information so marked will not be disclosed except 
in accordance with procedures set fourth 40 CFR part 2. A copy of the 
comment that does not contain CBI must be submitted for inclusion in 
the public record. Information not marked confidential may be disclosed 
publicly by EPA without prior notice. All Written comments will be 
available for public inspection in Rm. 1132 at the addressed given 
above, from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: [email protected]. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. 

[[Page 62367]]
Comments and data will also be accepted on disks in WordPerfect in 5.1 
file format or ASCII format. All comments and data in electronic form 
must be identified by the docket number [PP 3F4169 and FAP 3H5655/
P628]. No Confidential Business Information (CBI) should be submitted 
through e-mail. Electronic comments on this proposed rule may be filed 
online at many Federal Depository Libraries. Additional information on 
electronic submissions can be found below in this document.

FOR FURTHER INFORMATION CONTACT: By mail: Dennis H. Edwards, Jr., 
Product Manager (PM) 19, Registration Division (7505C), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. Office location and telephone number: Rm. 207, CM 
#2, 1921 Jefferson Davis Hwy., Arlington, VA 22202, (703)-305-6386; e-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    Pursuant to petitions from Miles, Inc., EPA issued final rules 
establishing pesticide tolerances under section 408 of the Federal 
Food, Drug and Cosmetic Act (FFDCA), 21 U.S.C. 346a, for residues of 
the insecticide (1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-2-
imidazolidinimine, in or on the raw agricultural commodities apples at 
0.5 part per million (ppm), potatoes at 0.3 ppm, and cottonseed at 6.0 
ppm. Based on a feed additive petition (FAP) 3H5655 from Miles, Inc., 
EPA established food or feed additive regulations under FFDCA section 
409, 21 U.S.C. 348, for the combined residues of imidacloprid and its 
metabolites containing the 6-chloropyridinyl moiety, all expressed as 
imidacloprid, on apple pomace (wet or dried) at 3 ppm, on potato chips 
at 0.4 ppm, on potato waste at 0.9 ppm, and on cottonseed meal at 9.0 
ppm. The tolerances for cottonseed and cottonseed meal were established 
as time-limited tolerances and are due to expire on November 30, 1996 
(see the Federal Register of November 30, 1994 (59 FR 61278)).
    The reason the cottonseed and cottonseed meal tolerances were 
established as 2-year time-limited tolerances was to enable Bayer to 
complete additional cotton residue trials and present a final report. 
On June 2, 1994, the Agency issued a guidance document on crop residue 
trials. Among other things, this document provided guidance on the 
number and location of domestic crop field trials for establishment of 
pesticide residue trials. Based on this guidance document, the Agency 
determined that additional residue trials were needed and residue data 
on gin trash were required to fully support the cotton tolerances.
    On March 31, 1995, Bayer submitted the additional residue studies. 
A request was also submitted to establish a tolerance for cotton gin 
byproducts. These data have been reviewed and determined to be adequate 
to support both the proposed cotton gin byproducts tolerance and the 
removal of the expiration date for the cottonseed and cottonseed meal 
tolerances.
    EPA, however, has determined a section 409 feed additive tolerance 
is no longer necessary to prevent cottonseed meal from being deemed 
adulterated, and, therfore, EPA is preparing to revoke the cottonseed 
meal tolerance. Addtionally, EPA is proposing to establish a maximum 
residue limit for imidacloprid residues in cottonseed meal to simipifly 
enforcement.

II. Statutory Background

    The FFDCA, 21 U.S.C. 301 et seq., authorizes the establishment by 
regulation of maximum permissible levels of pesticides in foods. Such 
regulations are commonly referred to as ``tolerances.'' Without such a 
tolerance or an exemption from the requirement of a tolerance, a food 
containing a pesticide residue is ``adulterated'' under section 402 of 
the FFDCA and may not be legally moved in interstate commerce. 21 
U.S.C. 331, 342. EPA was authorized to establish pesticide tolerances 
under Reorganization Plan No. 3 of 1970. 5 U.S.C. App. at 1343 (1988). 
Monitoring and enforcement of pesticide tolerances are carried out by 
the U.S. Food and Drug Administration (FDA) and the U.S. Department of 
Agriculture (USDA).
    The FFDCA has separate provisions for tolerances for pesticide 
residues on raw agricultural commodities and for residues on processed 
food. For pesticide residues in or on raw commodities, EPA establishes 
tolerances, or exemptions from tolerances when appropriate, under 
section 408 of the act. 21 U.S.C. 346a. EPA regulates pesticide 
residues in processed foods under section 409 which pertains to ``food 
additives.'' 21 U.S.C. 348. Maximum residue regulations established 
under section 409 are commonly referred to as food additive tolerances. 
Section 409 food additive tolerances are needed, however, only for 
certain pesticide residues in processed food. Under section 402(a)(2) 
of the FFDCA, a pesticide residue in processed food will not render the 
food adulterated if the residue results from application of the 
pesticide to a raw commodity consistent with a section 408 tolerance 
and the residue in the processed food when ``ready to eat'' has been 
removed to the extent possible by good manufacturing processes and is 
below the tolerance set under section 408. This exemption in section 
402(a)(2) is commonly referred to as the ``flow-through'' provision 
because it allows the section 408 raw food tolerance to flow through to 
the processed food form.

III. Proposed Removal of Expiration Date from Cottonseed Tolerance 
and Establishment of Cotton Gin Byproduct Tolerance

    The scientific data submitted in the petition and other relevant 
material have been evaluated regarding the Miles' request to remove the 
expiration date from the cottonseed tolerance and to establish a 
tolerance for cotton gin byproducts. The toxicological data considered 
in support of the tolerance include:
    1. A three-generation rat reproduction study with a no-observed-
effect level (NOEL) of 100 ppm (8 mg/kg/bwt); rat and rabbit teratology 
studies were negative at doses up to 30 mg/kg/ bwt and 24 mg/kg/bwt, 
respectively.
    2. A 2-year rat feeding/carcinogenicity study that was negative for 
carcinogenic effects under the conditions of the study and had a NOEL 
of 100 ppm (5.7 mg/kg/bwt in male and 7.6 mg/kg/bwt female) for 
noncarcinogenic effects that included decreased body weight gain in 
females at 300 ppm and increased thyroid lesions in males at 300 ppm 
and females at 900 ppm.
    3. A 1-year dog feeding study with a NOEL of 1,250 ppm (41/mg/kg/
bwt).
    4. A 2-year mouse carcinogenicity study that was negative for 
carcinogenic effects under conditions of the study and that had a NOEL 
of 1,000 ppm (208/mg/kg/day).
    There is no cancer risk associated with exposure to this chemical. 
Imidacloprid has been classified under ``Group E'' (no evidence of 
carcinogenicity for humans) under EPA's cancer Assessment Guidelines by 
the Office of Pesticide Programs (OPP) Reference Dose (RFD) Committee.
    The reference dose (RfD), based on the 2-year rat feeding/ 
carcinogenic study with a NOEL of 5.7 mg/kg/bwt and 100-fold 
uncertainty factor, is calculated to be 0.057 mg/kg/bwt. The 
theoretical maximum residue contribution (TMRC) from published uses is 
0.008088 mg/kg/day. This represents 14% of the RfD for the overall U.S. 
population. For exposure of the most highly exposured subgroup in the 
population, children 

[[Page 62368]]
(ages 1 to 6 years), the TMRC is 0.016735 mg/kg/day. This is equal to 
30% of RfD. The proposed cotton gin byproduct tolerance will not 
increase the TMRC. Dietary exposure from the existing uses and proposed 
uses will not exceed the reference dose for any subpopulation 
(including infants and children) based on the information available 
from EPA's Dietary Risk Evaluation System.
    The nature of the residue in plants and livestock is adequately 
understood. The residues of concern are imidacloprid and its 
metabolites that contain the 6-chloropyridinyl moiety, all calculated 
as imidacloprid. The analytical methods are common moiety methods for 
imidacloprid and its metabolites containing the 6-chloropyridinyl 
moiety using permanganate oxidation, silyl derivatization, and 
capillary GC-MS selective ion monitoring. Adequate geographically 
representative magnitude of the residue crop field trial data for 
imidacloprid on cotton indicate that residues of total imidacloprid 
will not exceed the proposed tolerances when the formulation is used as 
directed. Based on the results of the imidacloprid bovine and poultry 
feeding studies, finite imidacloprid residues will occur in meat, milk, 
poultry, and eggs from feeding of imidacloprid-treated feed items, or 
their processed feed items, when the formulations are used as directed. 
Appropriate secondary tolerances are established.
    There are currently no actions pending against the continued 
registration of this chemical.
    This pesticide is considered useful for the purposes for which the 
tolerances are sought. Based on the information and data considered, 
the Agency has determined that the tolerances established by amending 
40 CFR part 180 would protect the public health. Therefore, it is 
proposed that the tolerances be established as set forth below.

IV. Proposed Revocation of the Feed Additive Tolerance for 
Cottonseed Meal

    In June 1995 (60 FR 31300, June 14, 1995), EPA issued a revised 
policy concerning when section 409 food and feed additive tolerances 
were needed to prevent the adulteration of foods and animal feeds. 
Under EPA's revised policy, a section 409 tolerance is necessary for 
pesticide residues in processed food when it is likely that the level 
of some residues of the pesticide will exceed the section 408 tolerance 
level in ``ready to eat'' processed food. Of particular relevance to 
the imidacloprid feed additive tolerance is EPA's decision to interpret 
the term ``ready to eat'' processed food as food ready for consumption 
``as is'' without further preparation. For foods that are found to be 
not ``ready to eat,'' EPA takes into account the dilution of residues 
that occurs in preparing a ``ready to eat'' food.
    EPA has determined that cottonseed meal is not a ``ready to eat'' 
animal feed. EPA has found no evidence that cottonseed meal is fed to 
livestock as a stand-alone feedstock. Rather, cottonseed meal is used 
as an ingredient in animal feeds. As such, cottonseed meal can 
constitute up to 50 percent of an animal feed.
    The section 408 tolerance for imadicloprid on cottonseed is 6 parts 
per million (ppm). The highest residue found in crop field trials for 
imidacloprid on cotton was 5.2 ppm. A processing study showed that in 
producing cottonseed meal residues concentrated 50 percent (a 
concentration factor of 1.5X). Thus, given this information, it is 
likely that imadicloprid residues of 7.8 ppm (1.5 X 5.2) could occur in 
cottonseed meal. However, to project what residues are likely in 
``ready to eat'' animal feed containing cottonseed meal the 7.8 ppm 
level must be divided by 2 to allow for dilution occurring when 
cottonseed meal is added to other ingredients in the preparation of 
animal feed. Once this dilution is taken into account, the likely 
residue of imidacloprid in animal feed would not be expected to exceed 
3.9 ppm. Since this is below the section 408 tolerance level, animal 
feed containing such residue levels would not be adulterated, and no 
section 409 tolerance is needed. Accordingly, EPA proposes to revoke 
the section 409 feed additive tolerance for imidacloprid in cottonseed 
meal.

V. Proposed Establishment of a Maximum Residue Level of 
Imidacloprid Residues in Cottonseed Meal

    In the June 1995 policy announcement, EPA noted that it generally 
would establish maximum residue levels (MRLs) under FFDCA section 701 
for not-ready-to-eat foods where such foods could contain residues 
exceeding the section 408 tolerance. EPA's rationale was that such MRLs 
are important to the efficient enforcement of the FFDCA. It is far less 
resource intensive for FDA and USDA, which are the Federal agencies 
which regulate pesticide residue levels in foods, to monitor residue 
levels in the bulk commodities used in preparing ready-to-eat foods 
than in the myriad of ready-to-eat foods manufactured from such 
commodities.
    MRLs will enforce the statutory requirements that, where no food 
additive tolerance has been established, pesticide residues in 
processed food resulting from application of the pesticide to the 
precursor raw commodity render the food adulterated unless the 
pesticide was used in conformity with the applicable section 408 
tolerance and the pesticide residue has been removed to the extent 
possible in good manufacturing practice. 21 U.S.C. 342(a)(2)(C). Thus, 
MRLs will reflect the maximum residue in processed food consistent with 
a legal level of residues being present on the precursor raw commodity 
and the use of good manufacturing practices. Processed foods not in 
compliance with an applicable MRL will be deemed adulterated under 
section 402 of the act.
    EPA will compute the MRL by multiplying the maximum residue found 
in the raw commodity in field trials by the concentration factor 
determined in processing studies using good manufacturing practices. As 
noted, the maximum residue from the imidacloprid field trials is 5.2 
ppm and the concentration factor for processing is 1.5X. Multiplying 
5.2 ppm by 1.5 yields a product of 7.8 ppm. EPA believes it is 
appropriate to round 7.8 ppm up to 8 ppm and proposes 8 ppm as the MRL 
for imidacloprid residues in cottonseed meal. For purposes of 
enforcement of the MRL, the same analytical method used for enforcement 
of the section 408 tolerances should be used.
    EPA is proposing to place this MRL in existing part 186 of title 40 
of the Code of Federal Regulations rather than creating a new part of 
title 40. Currently, 40 CFR part 186 contains section 409 feed additive 
tolerances organized by pesticide. EPA believes it will be clearer to 
the regulated community and to enforcement personnel if all regulations 
pertaining to residue levels of a pesticide in animal feeds are located 
in the same part of the Code of Federal Regulations. Because EPA is 
proposing to expand the type of regulation that would be included in 
part 186, EPA proposes modifying the title of part 186 to ``Pesticides 
in Animal Feeds'' to reflect that change.

VI. Public Participation

    Any person who has registered or submitted an application for 
registration of a pesticide, under the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA) as amended, which contains any of the 
ingredients listed herein, may request within 30 days after 

[[Page 62369]]
publication of this document in the Federal Register that the portion 
of this rulemaking proposal concerning establishment, amendment, or 
revocation of tolerances under section 408 be referred to an Advisory 
Committee in accordance with section 408(e) of FFDCA.
    Interested persons are invited to submit written comments on the 
proposed regulations. Comments must bear a notation indicating the 
document control number, [PP 3F4169 and FAP 35655/P628]. All written 
comments filed in response to this petition will be available in the 
Public Response and Program Resources Branch, at the address given 
above from 8 a.m. to 4:30 p.m., Monday through Friday, except legal 
holidays.

VII. Administrative Matters

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to all the requirements of the Executive Order 
(i.e., Regulatory Impact Analysis, review by the Office of Management 
and Budget (OMB)). Under section 3(f), the order defines 
``significant'' as those actions likely to lead to a rule (1) having an 
annual effect on the economy of $100 million or more, or adversely and 
materially affecting a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or tribal governments or communities (also known as 
``economically significant''); (2) creating serious inconsistency or 
otherwise interfering with an action taken or planned by another 
agency; (3) materially altering the budgetary impacts of entitlement, 
grants, user fees, or loan programs; or (4) raising novel legal or 
policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in this Executive Order.
    Pursuant to the terms of this Executive Order, EPA has determined 
that this rule is not ``significant'' and is therefore not subject to 
OMB review.
    Pursuant to the requirements of the Regulatory Flexibility Act 
(Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator 
has determined that regulations establishing new tolerances or raising 
tolerance levels or establishing exemptions from tolerance requirements 
do not have a significant economic impact on a substantial number of 
small entities. A certification statement to this effect was published 
in the Federal Register of May 4, 1981 (46 FR 24950). EPA has treated 
regulations simular to the establishment of tolerances as also not 
having a significant economic impact on substantial number of small 
entities. Therefore, the proposed MRL is not expected to have such 
impact.

List of Subjects in 40 CFR Parts 180 and 186

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Feed additives, Pesticides and pests, 
Reporting and recordkeeping requirements.

    Dated: November 9, 1995.

Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, it is proposed that 40 CFR parts 180 and 186 be amended 
as follows:

PART 180--[AMENDED]

    1. In part 180:
    a. The authority citation for part 180 continues to read as 
follows:

    Authority: 21 U.S.C. 346a and 371.

    b. In Sec. 180.472, by amending paragraph (a) by adding and 
alphabetically inserting the following new entries and by removing 
paragraph (b) and designating it as reserved, to read as follows:

Sec. 180.472   1-[(6-Chloro-3-pyridinyl)methyl]-N-nitro-2-
imidazolidinimine; tolerances for residues.

    (a) *  *  *

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
                                * * * * *                               
Cotton, gin byproducts.....................................            4
Cottonseed.................................................            6
                                                                        
                                * * * * *                               
------------------------------------------------------------------------

    (b) [Reserved]
* * * * *

PART 186--[AMENDED]

    2. In part 186:
    a. By revising the title of part 186 to read as follows:

Part 186--Pesticides in Animal Feed

    b. The authority citation for part 186 is revised to read as 
follows:

    Authority: 21 U.S.C. 342, 348, and 701.

    c. In Sec. 186.900, by revising paragraph (b), to read as follows:

Sec. 186.900   1-[(6-Chloro-3-pyridinyl)methyl]-N-nitro-2-
imidazolinimine.

* * * * *
    (b) A maximum residue level regulation is established for residues 
of the insecticide 1-[(6-choro-3-pryidinyl)methyl]-N-nitro-2-
imidazolidinimine in or on the following feed resulting from 
application of the insecticide to cotton:

------------------------------------------------------------------------
                                                              Parts per 
                            Food                               million  
------------------------------------------------------------------------
                                                                        
Cottonseed meal............................................            8
                                                                        
------------------------------------------------------------------------

This regulation reflects the maximum level of residues in cottonseed 
meal consistent with use of 1-[(6-chloro-3-pyridinyl) methyl]-N-nitro-
2-imidazolidinimine on cotton in conformity with Sec. 180.472 of this 
chapter and with the use of good manufacturing practices.
* * * * *
[FR Doc. 95-29250 Filed 12-5-95; 8:45 am]
BILLING CODE 6560-50-F

Complete official Federal Register PDF

FR Doc. 95-28761 Proposed Rule: Safety Standard for Bicycle Helmets
[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Pages 62662-62692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28761]

[[Page 62661]]

_______________________________________________________________________

Part III

Consumer Product Safety Commission

_______________________________________________________________________

16 CFR Part 1203

Safety Standard for Bicycle Helmets; Proposed Rule

Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / 
Proposed Rules 

[[Page 62662]]

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1203

Proposed Rule: Safety Standard for Bicycle Helmets

AGENCY: Consumer Product Safety Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Children's Bicycle Helmet Safety Act of 1994, 
the Commission is proposing a safety standard that would require 
bicycle helmets to meet impact-attenuation and other requirements. This 
proposal modifies the bicycle helmet standard proposed by the 
Commission in the Federal Register of August 15, 1994.
    The proposed standard establishes requirements derived from one or 
more of the voluntary standards applicable to bicycle helmets. In 
addition, the proposed standard includes requirements specifically 
applicable to children's helmets and requirements to prevent helmets 
from coming off during an accident. The proposed standard also contains 
testing and recordkeeping requirements to ensure that bicycle helmets 
meet the standard's requirements.

DATES: Comments on the proposal should be submitted no later than 
February 20, 1996.
    Comments on elements of the proposal that, if issued, would 
constitute collection of information requirements under the Paperwork 
Reduction Act may be filed with the Office of Management and Budget 
(``OMB''). OMB is required to make a decision concerning the 
collections of information contained in the proposed rule between 30 
and 60 days after publication. Thus, although comments will be received 
by OMB until February 5, 1996, a comment to OMB is best assured of 
having its full effect if OMB receives it by January 4, 1996.

ADDRESSES: Comments to the Commission should be mailed to the Office of 
the Secretary, Consumer Product Safety Commission, Washington, D.C. 
20207, or delivered to the Office of the Secretary, Consumer Product 
Safety Commission, room 502, 4330 East-West Highway, Bethesda, Maryland 
20814-4408, telephone (301)504-0800. Comments also may be filed with 
the Commission by facsimile to (301)504-0127, or by electronic mail via 
[email protected]. Comments should include a caption or cover indicating 
that they are directed to the Office of the Secretary and are comments 
on the revised proposed Safety Standard for Bicycle Helmets.
    Comments to OMB should be directed to the Desk Officer for the 
Consumer Product Safety Commission, Office of Information and 
Regulatory Affairs, OMB, Washington, D.C. 20503. The Commission 
encourages commenters to provide copies of such comments to the 
Commission's Office of the Secretary, with a caption or cover letter 
identifying the materials as comments submitted to OMB on the proposed 
collection of information requirements for bicycle helmets.

FOR FURTHER INFORMATION CONTACT: Scott Heh, Project Manager, 
Directorate for Engineering Sciences, Consumer Product Safety 
Commission, Washington, D.C. 20207; telephone (301) 504-0494 ext. 1308.

SUPPLEMENTARY INFORMATION:

A. Introduction and Background

    Introduction. In this notice, the Consumer Product Safety 
Commission (``the Commission'' or ``CPSC'') proposes a mandatory safety 
standard applicable to bicycle helmets.1 This proposal modifies 
the bicycle helmet standard proposed by the Commission in the Federal 
Register of August 15, 1994. 59 FR 41719.

    \1\The Commission approved this Federal Register notice by a 
vote of 2-1. Chairman Ann Brown and Commissioner Thomas H. Moore 
voted to approve it as published. Commissioner Mary Sheila Gall 
voted to approve the proposed rule with a change, which was not 
adopted by the Commission, to give companies more time to comply 
with agency requests for records.
---------------------------------------------------------------------------

    The Commission seeks comments from interested members of the public 
on the revised proposed standard. Comments should be limited to those 
aspects of the proposed standard that have changed substantively from 
the earlier proposal, or that are affected by a substantive change.
    Because of the growing use of helmets, other nations may be 
developing or revising safety standards for bicycle helmets. 
Accordingly, the Commission invites comments from counterpart agencies 
in foreign governments, foreign standards developers, and others who 
might be interested in this proposed standard. This invitation is in 
addition to the routine international notification of this proposed 
rule that is provided by the World Trade Organization Agreement on 
Technical Barriers to Trade.
    Background. Head injury is a leading cause of accidental death and 
disability among children in the United States, resulting in over 
100,000 hospitalizations every year. Studies have shown that children 
under the age of 14 are more likely to sustain head injuries than 
adults, and that children's head injuries are often more severe than 
those sustained by adults.
    In general, head injuries fall under one of two main categories--
focal and diffuse. Focal injuries are limited to the area of impact, 
and include injuries such as contusions, hematomas, lacerations, and 
fractures. Diffuse brain injuries (also known as diffuse axonal injury) 
involve trauma to the neural and vascular elements of the brain at the 
microscopic level. The effects of such diffuse damage may vary from a 
completely reversible injury, such as a mild concussion, to prolonged 
coma and death.
    Based on data from CPSC's National Electronic Injury Surveillance 
System (``NEISS''), an estimated 606,000 bicycle-related injuries were 
treated in U.S. hospital emergency rooms in 1994. In addition, about 
1,000 bicycle-related fatalities occur each year, according to the 
National Safety Council.
    A Commission study of bicycle use and hazard patterns in 1993 
indicated that almost one-third of the injuries involved the 
head.2 Published data indicate that, in recent years, almost two-
thirds of all bicycle-related deaths involved head injury.3

    \2\Gregory B. Rodgers, Deborah K. Tinsworth, Curtis Polen, 
Suzanne Cassidy, Celestine M. Trainor, Scott R. Heh, Mary F. 
Donaldson, ``Bicycle Use and Hazard Patterns in the United States,'' 
U.S. Consumer Product Safety Commission (June 1994) (``Bicycle Use 
Study'').
    \3\Jeffrey J. Sachs, MPH; Patricia Holmgreen, M.S.; Suzanne M. 
Smith, M.D.; and Daniel M. Sosin, M.D., ``Bicycle-Associated Head 
Injuries and Deaths in the United States from 1984 through 1988,'' 
Journal of the American Medical Association 266 (December 1991): 
3016-3018.
---------------------------------------------------------------------------

    Younger children are at particular risk of head injury. The 
Commission's 1993 study indicated that when other factors were held 
constant statistically, the injury risk for children under age 15 was 
over 5 times the risk for older riders. About one-half of the injuries 
to children under the age of 10 involved the head, compared to about 
one-fifth of the injuries to older riders. Children were also less 
likely to have been wearing a helmet at the time of a bicycle-related 
incident than were adults.
    Research has shown that helmets may reduce the risk of head injury 
to bicyclists by about 85 percent, and the risk of brain injury by 
about 88 percent.4 The Commission's Bicycle Use Study 

[[Page 62663]]
found that about 18 percent of bicyclists wear helmets.5

    \4\Robert S. Thompson, M.D.; Frederic P. Rivara, M.D.; and Diane 
C. Thompson, M.S., ``A Case Control Study of the Effectiveness of 
Bicycle Safety Helmets,'' The New England Journal of Medicine 320 
(May 1989): 1361-1367.
    \5\Supra note 1.
---------------------------------------------------------------------------

    On June 16, 1994, the Children's Bicycle Helmet Safety Act of 1994 
(the ``Act'' or ``the Bicycle Helmet Safety Act'') was enacted. 15 
U.S.C. 6001-6006. Section 205 of this Act provides that bicycle helmets 
manufactured more than 9 months from that date shall conform to at 
least one of the following interim safety standards: (1) The American 
National Standards Institute (ANSI) standard designated as Z90.4-1984, 
(2) the Snell Memorial Foundation standard designated as B-90, (3) the 
ASTM (formerly the American Society for Testing and Materials) standard 
designated as F 1447, or (4) any other standard that the Commission 
determines is appropriate. 15 U.S.C. 6004 (a)-(b). On March 23, 1995, 
the Commission published its determination that five additional 
voluntary safety standards for bicycle helmets are appropriate as 
interim mandatory standards. 60 FR 15,231. These standards are ASTM F 
1447-1994, Snell B-90S, N-94, and B-95, and the Canadian voluntary 
standard CAN/CSA-D113.2-M89. In that notice, the Commission also 
clarified that the ASTM standard F 1447 referred to in the Act is the 
1993 version of that standard. The interim standards are codified at 16 
CFR 1203.
    Section 205(c) of the Act directed the Consumer Product Safety 
Commission to begin a proceeding under the Administrative Procedure 
Act, 5 U.S.C. 553, to:
    1. Review the requirements of the interim standards described above 
and establish a final standard based on such requirements;
    2. Include in the final standard a provision to protect against the 
risk of helmets coming off the heads of bicycle riders;
    3. Include in the final standard provisions that address the risk 
of injury to children; and
    4. Include additional provisions as appropriate. 15 U.S.C. 6004(c).
    Section 205(c) the Act provides that the final standard shall take 
effect 1 year from the date it is issued. 15 U.S.C. 6004(c). Section 
205(d) of the Act provides that failure to conform to an interim 
standard shall be considered a violation of a consumer product safety 
standard issued under the Consumer Product Safety Act (``CPSA''), 15 
U.S.C. 2051-2084. Section 205(d) also provides that the final standard 
shall be considered to be a consumer product safety standard issued 
under the CPSA. However, section 205(c) of the Act provides that the 
provisions of the CPSA regarding rulemaking procedures, statutory 
findings, and judicial review (15 U.S.C. 2056, 2058, 2060, and 2079(d)) 
shall not apply to this proceeding or to the final standard. 15 U.S.C. 
6004(c). When the final standard becomes effective, it will be codified 
at 16 CFR 1203 and will replace the interim standards. 15 U.S.C. 
6004(d).

B. Originally Proposed Standard

    The Commission reviewed the bicycle helmet standards identified in 
the Act (ANSI, ASTM, and Snell), as well as international bicycle 
helmet standards and draft revisions of the ANSI, ASTM, and Snell 
standards that were then under consideration. Based on this review, the 
Commission developed a proposed final safety standard for bicycle 
helmets. 59 FR 41,719 (August 15, 1994).
    The major features of the originally proposed standard were as 
follows:
    1. Impact attenuation. The originally proposed standard measures 
the ability of the helmet to protect the head in a collision by 
securing the helmet on a headform and dropping the helmet/headform 
assembly from various heights onto a fixed steel anvil. The original 
proposal specified a constant mass of 5 kg for the drop assembly (not 
including the helmet). However, the Commission requested comment on the 
alternative of specifying a different drop mass for each headform size.
    Under the proposed standard, the helmet is tested with three types 
of anvils (flat, hemispherical, and ``curbstone,'' as shown in Figures 
11, 12, and 13 of the revised proposed standard published in this 
notice). These anvils represent types of surfaces that may be 
encountered in actual riding conditions. Instrumentation within the 
headform records the headform's impact in multiples of the acceleration 
due to gravity (``g''). Impact tests are performed on different 
helmets, each of which has been subjected to one of four environmental 
conditions. These environments are: ambient (room temperature), high 
temperature (117-127  deg.F), low temperature (3-9  deg.F), and 
immersion in water for 4-24 hours.
    Impacts are specified on a flat anvil from a height of 2 meters and 
on hemispherical and curbstone anvils from a height of 1.2 meters. 
Consistent with the requirements of the ANSI, Snell, and ASTM 
standards, the peak headform acceleration of any impact shall not 
exceed 300 g for an adult helmet, the value originally proposed for 
both adult and child helmets. In addition, maximum time limits of 6 
milliseconds (``ms'') and 3 ms were originally proposed for the 
allowable duration of the impact at the 150-g and 200-g levels, 
respectively.
    One difference from the ANSI, ASTM, and Snell standards that was 
originally proposed for the mandatory standard was the designation for 
the area of the helmet that must provide impact protection. The 
originally proposed area of impact protection for the CPSC standard was 
reached by combining the ANSI and ASTM procedures. The procedure for 
defining the area of the helmet subject to impact attenuation testing 
is described at Sec. 1203.11.
    2. Children's helmets. The originally proposed mandatory standard 
specified an increased area of head coverage for small children. A 
study by Biokinetics & Associates Ltd. found differences in 
anthropometric characteristics between young children's heads and older 
children's and adult heads.6 This study led to an ASTM proposal to 
change the position of the basic plane (an anthropometric reference 
plane that includes the external ear openings and the bottom edges of 
the eye sockets) on the smallest test headform to be more 
representative of children ages 4 years and under. Originally, 
Sec. 1203.11(b) proposed an extent-of-protection requirement for 
helmets intended for children 4 years and under based on the adjusted 
basic plane.

    \6\Heh. S., Log of ASTM F08.53 Headgear Subcommittee Meeting 
held May 21, 1992, Date of Entry--June 17, 1992. Office of the 
Secretary, U.S. Consumer Product Safety Commission, Washington, D.C. 
20207.
---------------------------------------------------------------------------

    3. Retention system. The dynamic strength of the retention system 
test addresses the strength of the chin strap to ensure against 
breakage or excessive elongation of the strap that may contribute to a 
helmet coming off the head during an accident.
    The test requires that the chin strap remain intact and not 
elongate more than 30 mm (1.2 inches) when subjected to a ``shock 
load'' of a 4-kg (8.8-lb) weight falling a distance of 0.6 m (2 ft) 
onto a steel stop anvil (see Figure 8). This test is performed on one 
helmet under ambient conditions and on three other helmets after each 
is subjected to one of the different hot, cold, and wet environments.
    4. Peripheral vision. Section 1203.14 of the originally proposed 
mandatory standard requires that a helmet shall allow a field of vision 
of 105 degrees to both the left and right of straight ahead. This 
requirement is consistent with the ANSI, ASTM, and Snell standards.
    5. Labels and instructions. Section 1203.6 of the proposed 
mandatory standard requires certain labels on the helmet, which are 
consistent with all 

[[Page 62664]]
three U.S. voluntary standards. These labels provide the model 
designation and warnings regarding the protective limitations of the 
helmet. The labels also provide instructions regarding how to care for 
the helmet and what to do if the helmet receives an impact. The labels 
also must carry the statement ``Not for Motor Vehicle Use'' and a 
warning that for maximum protection the helmet must be fitted and 
attached properly to the wearer's head in accordance with the 
manufacturer's fitting instructions.
    The proposed mandatory standard also requires that helmets be 
accompanied by fitting and positioning instructions, including graphic 
representation of proper positioning. As noted above, the proposed 
mandatory standard has performance criteria for the effectiveness of 
the retention system in keeping a helmet on the wearer's head. However, 
these criteria may not be effective if the helmet is not well matched 
to the wearer's head and carefully adjusted to obtain the best fit. 
Thus, the proposed mandatory standard contains the labeling requirement 
described above to help ensure that users will purchase the proper 
helmet and adjust it correctly.
    To avoid damaging the helmet by contacting it with harmful common 
substances, the helmet must be labeled with any recommended cleaning 
agents, a list of any known common substances that will cause damage, 
and instructions to avoid contact between such substances and the 
helmet.
    6. Roll off. The originally proposed mandatory standard specified a 
test procedure and requirement for the retention system's effectiveness 
in preventing a helmet from ``rolling off'' a head. The procedure 
specifies a dynamic impact load of a 4-kg (8.8-lb) weight dropped from 
a height of 0.6 m (2 ft) to impact a steel stop anvil. This load is 
applied to the edge of a helmet that is placed on a headform on a 
support stand (see Figure 7). The helmet fails if it comes off the 
headform during the test.
    These safety requirements, which are proposed pursuant to the 
Bicycle Helmet Safety Act, are found in Subpart A of the proposed 
Safety Standard for Bicycle Helmets. The comments received in response 
to the original proposal, the Commission's responses to these comments, 
and other changes to the original proposal are discussed in section C 
of this notice.
    Under the authority of section 14(a) of the CPSA, the Commission 
also proposed certification testing and labeling requirements to ensure 
that bicycle helmets meet the standard's safety requirements. These 
certification requirements are found in Subpart B of the proposed 
Safety Standard for Bicycle Helmets and are discussed in section D of 
this notice.
    Also, under the authority of section 16(b) of the CPSA, the 
Commission proposed requirements that records be kept of the required 
certification testing. These recordkeeping requirements are found in 
Subpart C of the proposed Safety Standard for Bicycle Helmets and are 
discussed in section E of this notice.
    The interim standards, which are currently codified as 16 CFR 1203, 
will continue to apply to bicycle helmets manufactured from March 16, 
1995, to the date that the final standard becomes effective. 
Accordingly, the interim standards will continue to be codified, as 
Subpart D of the standard.
    As discussed below, although the Commission is proposing certain 
changes to the standard, the revised proposal still addresses each of 
the elements in the original proposal.
    The Commission received 37 comments on the proposed bicycle helmet 
standard from 30 individuals and organizations. After considering these 
comments and other available information, the Commission decided to 
propose certain revisions to the originally proposed standard. The 
proposed revisions are discussed in sections C-E of this notice.

C. The Revised Proposed Standard--Comments, Responses and Other 
Changes

    Comment: Definition of bicycle helmet. The original proposal 
defined bicycle helmet as ``any headgear marketed as suitable for 
providing protection from head injuries while riding a bicycle.'' One 
comment suggested that the definition of a product should not be in 
terms of how it is marketed.
    Response: The Commission disagrees with this comment. It is 
important that all products marketed as suitable for providing 
protection from head injuries while bicycling meet the applicable 
safety standard. However, the Commission proposes to amend the 
definition to include not only products specifically marketed for use 
as a bicycle helmet but also those products that can be reasonably 
foreseen to be used for that purpose.
    Comment: Compliance with third-party standards as compliance with 
the rule. The Snell Memorial Foundation urged that the following 
statement be added to the certification portion of the rule that 
describes a reasonable testing program: ``Helmets that are certified by 
the Snell Memorial Foundation to the Snell B-95 or Snell N-94 Standards 
are considered to be in compliance with this regulation.''
    Response: One of the objectives of the Children's Bicycle Helmet 
Safety Act of 1994 is to establish a unified bicycle helmet safety 
standard that is recognized nationally by all manufacturers and 
consumers. The Commission believes it would be contrary to the intent 
of the Act to provide that certified conformance to any particular 
existing voluntary standard is compliance with the mandatory rule.
    Allowing third-party certification to a voluntary standard to serve 
as compliance to the mandatory rule would not adequately deal with the 
issue of recalls or other corrective actions if defective helmets are 
nonetheless produced. A third party can only decertify helmets that do 
not meet its standard and can only request that the responsible firm 
take appropriate corrective action for previously produced helmets. 
CPSC, on the other hand, has the authority to order a firm to take 
corrective actions if necessary and to assess penalties where 
appropriate. Accordingly, the Commission declines to adopt the language 
requested by this commenter.
    Comment: Multiple-activity helmets. Some commenters recommended 
that the CPSC include provisions for children's bicycle helmets so that 
helmets would provide protection in activities in addition to 
bicycling, such as skateboarding, skating, sledding, and the like. Two 
commenters recommended that the CPSC bike helmet standard also apply to 
helmets for roller skating and in-line skating. Other comments stated 
that the Commission should not delay promulgation of the bike helmet 
standard while multi-activity issues are explored.
    Response: Recent forums on head protection concluded that there is 
a need to develop helmets that are suitable for use in a number of 
recreational activities, not just bicycling.\7\ However, the CPSC's 
authority under the Children's Bicycle Helmet Safety Act of 1994 is to 
set mandatory requirements for bicycle helmets. Establishing criteria 
for products other than bicycle helmets would require the Commission to 
follow the procedures and make the findings 

[[Page 62665]]
prescribed by the CPSA or the Federal Hazardous Substances Act 
(``FHSA'').

    \7\Forum on Head Protection in Recreational Sports, Harborview 
Injury Prevention and Research Center (February 18, 1994); 
Chairman's Roundtable, Multi-Activity Helmets, U.S. Consumer Product 
Safety Commission (September 19, 1994).
---------------------------------------------------------------------------

    In March 1994, Snell established the N-94 Standard For Protective 
Headgear For Use in Non-Motorized Sports. This standard provides 
greater head coverage than current bicycle helmet standards, tests for 
multiple impacts at a single location on the helmet, and tests to see 
if the helmet will roll off on impact. However, the Commission lacks 
data that multiple impacts at a single location are a factor in 
injuries to persons wearing bicycle helmets or that greater helmet 
coverage is needed for bicycle accidents. Furthermore, the use of an 
additional anvil in the Snell N-94 test may preclude the use of some 
current vent designs used in bicycle helmets. The Commission is aware 
of only a few helmets currently on the market that are certified to 
this standard.
    Activities like roller skating, in-line skating, and skateboarding 
are typically conducted on the same types of surfaces as bicycling and 
can generate speeds similar to bicycling. In addition, these other 
activities do not put the user at a higher height than when using a 
bicycle. Thus, fall heights can be expected to be similar. It is 
reasonable to assume that the test requirements in the bicycle helmet 
regulation would allow the helmet to provide some protection for other 
activities--such as in-line skating, roller skating and skateboarding--
until multiple-activity helmets become widely available. However, the 
Commission does not have sufficient data on the benefits and costs of 
additional features directed at injuries incurred other than bicycling 
to make the findings that would be required by either the CPSA or FHSA. 
Also, procedures in addition to those required by the Bicycle Helmet 
Safety Act would have to be followed. The Commission does not want to 
delay establishment of a mandatory bicycle helmet standard in order to 
pursue rulemaking for other types of helmets. Accordingly, this 
proposed regulation only addresses bicycle helmets.
    Comment: General construction provisions. Section 1203.5 of the 
originally proposed mandatory standard included several provisions that 
addressed general construction characteristics of a bicycle helmet. 
These provisions specified that helmets shall be designed to reduce the 
acceleration forces imparted to the wearer's head by an impact and to 
remain on the wearer's head during impact. It was also specified that 
helmets shall be constructed not to be harmful or potentially injurious 
to the wearer. For example, the original proposal stated that the 
helmet surface shall not have projections that may increase the 
likelihood of injury to the rider during an accident. In addition, the 
original proposal provided that construction materials should be 
resistant to environmental conditions that may be reasonably expected 
during helmet use and storage and shall not be harmful to the wearer.
    Some commenters on the proposed rule stated that many of the 
requirements in Sec. 1203.5 are subjective, since they have no 
performance-related criteria. One respondent suggested that these 
sections be located in an informative annex rather than in the body of 
the standard.
    Response: Sections 1203.5(a) and (d) of the original proposal--
titled ``General'' and ``Materials,'' respectively--contained no 
objective performance criteria to establish compliance. Section 
1203.5(c)--``Retention System''--was redundant since it merely 
referenced test requirements elsewhere in the standard. Accordingly, 
the Commission is eliminating these paragraphs from the revised 
proposal.
    The first proposed standard required that external projections must 
``readily break away'' and internal projections shall be protected by 
``some means of cushioning.'' In response to the comments that this 
language was subjective, the Commission is revising the language to 
define more objective performance criteria. The revised requirement is 
that the helmet be examined after impact testing to determine whether 
there are any rigid internal projections that could contact the 
wearer's head.
    Comment: Children's peak g-value. Some comments recommended that 
the peak g-value for children be dropped from 300 g to 250 g or 200 g. 
Some commenters suggested that no change be made in the g-value.
    Response: Despite the high incidence of head injury among children, 
studies addressing mechanisms of injury and recovery are lacking. 
Therefore, even though children make up the majority of the population 
at risk for head injury, children's helmets sold on the market today 
generally are designed to meet the attenuation and absorption criteria 
established for the adult helmeted-headform drop tests. The criteria 
for testing and evaluating the performance of helmets have been 
established primarily on the basis of data derived from injury 
tolerance studies conducted on adults. This is a matter of some 
concern, since studies indicate that the type of head injury resulting 
from blunt trauma may differ significantly between adults and children.
    The skull is the brain's primary protection against blunt force 
trauma. The properties of the skull change significantly as a child 
matures. Cranial capacity reaches adult size by 5 years of age. At 18 
months, the brain has attained almost 70% of its adult size and, by 5-8 
years, it is 90% of adult size.
    Most of the head growth beyond the first 5 years involves hardening 
of the skull and thickening of the soft tissue around the brain. 
Children appear to be at greater risk of diffuse brain injury because 
their skulls have a lower degree of calcification, which provides a 
reduced capacity to absorb an impact. This results in a greater 
transfer of the kinetic energy from the impact site to the brain 
tissue.
    The differences in the type of head injuries sustained by children 
and adults should have some bearing on helmet design. Currently, no 
compensation has been made for the differences between adults and 
children in head injury tolerance levels regarding the bending strength 
of the skull.
    Current United States bicycle helmet voluntary standards recommend 
that helmets limit an attenuation impact to below 300 g in order to 
reduce the risk of severe injury. However, for the reasons described 
above, this may be inadequate to protect children. Published reports 
have suggested reducing the g-value for children from 300 g to 150 to 
250 g.8

    \8\Corner JP, Whitney CW, O'Rourke N, and Morgan DE. Motorcycle 
and Bicycle Protective Helmets--Requirements. Dept. of Trans. and 
Comm., Federal Office of Road Safety, Australia, May 1987. Lane JC. 
Helmets for Child Bicyclists, Some Biomedical Considerations. 
Federal Dept. of Transport, Office of Road Safety, Australia, CR 47, 
1986.
---------------------------------------------------------------------------

    A helmet may partially compensate for the flexibility of a child's 
skull. However, the interior dimensions of the helmet will not 
perfectly fit the skull. In an accident, point contact is likely to 
occur between the skull and the helmet, which will tend to flex the 
child's skull more than an adult's. Accordingly, the Commission 
concludes that a differential in the g criteria is needed between 
adults' and children's standards. The Commission proposes to lower the 
g-value to 250 g. This will provide a substantial extra margin of 
safety to account for the increased flexibility of children's skulls, 
without making the criterion so stringent that it is either not cost 
effective or results in helmets that are so heavy or bulky that their 
use would be discouraged. 

[[Page 62666]]

    Comment: Drop mass. Several commenters favored a variable drop mass 
instead of the originally proposed 5 kg drop mass, which would have 
been used for testing both adults' and children's helmets. (The 
helmet's mass is not included in the drop mass.) Some respondents felt 
a reduced drop mass is especially important for testing young 
children's helmets. One respondent opposed lowering the drop mass, 
stating that there is no benefit in different drop masses for each 
headform.
    Response: A 1979 study found that in head-first free fall, a 
child's body mass and orientation at impact have little influence on 
head loading (g-forces) during impact.9 The study also explains 
that head loading in adult falls is influenced by a more complex 
relationship between head mass and body mass. This suggests that the 
actual head mass of a child is an important factor in determining head 
loading during impact.

    \9\Mohan D, Bowman B, Snyder RG, and Frost, DR. A Biomechanical 
Analysis of Head Impact Injuries to Children. J. Biomechanical Eng. 
101, pp. 250-260, U.S., Nov. 1979.
---------------------------------------------------------------------------

    The helmet liner is designed to absorb the energy of impact by 
deformation, and to deform at force levels below that which would cause 
head injury. However, children's heads have less mass and their skulls 
are more flexible than those of adults. Therefore, a child's head may 
not deform the helmet's foam padding during impact if the foam is 
designed to protect the heavier adult head. This lack of deformation 
may result in greater kinetic energy being transferred to a child's 
brain, possibly resulting in a greater likelihood of intracranial 
injury. This strongly suggests that children's helmets should be tested 
with a lower headform mass than helmets for adults.
    The Commission's Directorate for Epidemiology and Health Sciences 
concluded that the head mass of children under the age of 5 years 
ranges from approximately 2.8 to 3.9 kg. Accordingly, the Commission is 
proposing a reduced drop assembly mass of 3.90 kg0.1 kg for 
testing helmets for children under 5. The lower mass will better 
represent the head mass of children under 5 years of age than the 5 kg 
mass specified for testing helmets for older children and adults.
    Testing helmets for children under 5 years with a more appropriate 
mass should lead to helmets that are better designed to accommodate 
maturational differences of a young child's head. An even lower mass is 
not feasible with current test rigs, because a drop assembly mass of 
less than 3.90 kg would shift the center of gravity on current test 
equipment enough to potentially influence test results.
    Comment: Extent of protection. Current U.S. voluntary bicycle 
helmet standards, and the originally proposed CPSC standard, specify an 
extent-of-protection boundary and an impact test line. The extent-of-
protection boundary defines the area of the head that must be covered 
by the helmet. The impact line designates the lowest point on the 
helmet where the center of the anvil may be aligned for testing. A 
clearance is specified between the extent-of-protection boundary and 
the impact line to allow for the imprint of the test anvil.
    A number of comments on the proposed standard concerned the extent-
of-protection (or extent of coverage) requirements. One commenter 
stated that the extent-of-protection requirement was subjective since 
no test is applied in these areas. Some commenters believed the 
proposed extent-of-protection requirement was design-restrictive, since 
some helmets have features like rear vents that may rise above the 
extent of coverage line but nevertheless will provide protection if 
impacted on the test line.
    Response: The Commission believes that a performance test using a 
single test line and no extent-of-protection requirement is adequate 
for testing the impact-attenuation capabilities of a helmet. Not 
requiring specific helmet coverage allows manufacturers the flexibility 
to include desirable features such as a central rear vent, provided the 
features do not hinder the helmet's ability to meet the impact 
requirements if tested anywhere on or above the test line. Accordingly, 
the Commission has deleted the extent-of-protection line from the 
revised proposed standard.
    Comment: Extended coverage for young children's helmets. A number 
of commenters favored an extended area of coverage for young children's 
helmets. However, one commenter suggested that the coverage lines 
defined in the first CPSC-proposed standard were not practical, since 
portions of the test line extended lower than the edge of an impact 
headform.
    Response: As noted above, young children's skulls lack the 
calcification of older children's and adult skulls. This is especially 
true of children under 5 years old, where the curve of head growth and 
skull development is steepest. The temporal region (area above and 
around the ear) is much thinner than other parts of the skull. As a 
result, a much smaller force at the temporal region can cause a serious 
injury than at other regions of the skull. Accordingly, the Commission 
concludes that helmets for children under 5 years should have a greater 
area of protection than those for older children and adults.
    A recent proposal for infant helmet test lines by the ASTM Headgear 
Subcommittee Infant/Toddler Working Group specifies a ``two-step'' test 
line that is measured directly from the reference plane of the ISO A 
and ISO E headforms. The Commission considers the proposed ASTM test 
line appropriate for testing helmets for children under 5 years. The 
revised test line (Figure 5) provides an increased area of protection, 
including the temporal area.
    Many young children's helmets on the market already provide an area 
of protection comparable to the revised CPSC proposal, though it is not 
required by any current U.S. bike helmet standard. The revised CPSC 
test line is easier to define and mark on a helmet than the first 
proposed CPSC line, which was referenced from an adjusted basic plane 
inclined 15 degrees from horizontal. This new test line does not extend 
lower than the edge of the headform.
    Comment: Determining which helmets are for young children. A 
commenter asked for clarification of how to determine whether helmets 
are ``intended'' for children 4 years and under. The concern is that 
small helmets are often sold to adults with small heads.
    Response: Typically, helmets for children are advertised and 
promoted with children's themes. The Commission will consider relevant 
factors, such as the design and marketing of a helmet, to determine 
whether it is intended for young children.
    However, it is also important that consumers not mistake adult and 
older children's helmets that are the same size as helmets for children 
under 5 years of age as complying with the extra coverage and other 
special provisions required for helmets intended for children under 5. 
Therefore, the proposal provides that helmets specifically designed for 
children under 5 years of age be labeled to read: ``Complies with CPSC 
Safety Standard for Bicycle Helmets for Children Under 5 years.''
    Comment: Peripheral vision. One commenter recommended revising the 
peripheral vision requirement to specify clearances of two separate 
105 deg. arcs from the center of each eye.
    Response: The existing requirement of 105 deg. clearance from the 
central point K is an established criterion that provides sufficient 
peripheral vision and allows for helmet protective coverage to the 

[[Page 62667]]
temporal area of the head. The proposed criterion is consistent with 
ANSI, ASTM, and Snell bicycle helmet standards, and with the FMVSS 218 
motorcycle helmet standard. Therefore, the Commission makes no change 
to the proposed rule in response to this comment.
    Comment: Vertical vision. One commenter suggested that the 
Commission adopt requirements for a vertical field of vision.
    Response: The Commission has no information to indicate that 
bicycle helmets are posing a risk of injury due to inadequate upward or 
downward visual clearance. Accordingly, the Commission is not proposing 
a vertical field of vision requirement.
    Comment: Dwell time. Several commenters disagreed with the dwell 
time specification in the first proposed CPSC standard.
    Response: The Commission agrees with these comments, and the impact 
attenuation requirements are revised to specify only peak g as the 
evaluation criteria. This change was made because of a lack of 
scientific evidence to support application of dwell time as a bike 
helmet evaluation criterion.
    Comment: Point loading requirements. Two commenters recommended 
that the Commission explore requirements to limit localized loads on 
the head that could be caused by strategically located high-density 
foam in helmet liners.
    Response: The Commission has no information to indicate that some 
helmet designs may pose a risk of injury due to localized loading. 
Therefore, the Commission is not adding point loading requirements to 
the proposed rule at this time.
    Comment: Daytime and nighttime conspicuity. Some comments related 
to possible requirements for helmets to improve a bicyclist's 
conspicuity in both daytime and nighttime conditions.
    Response: Available data do not suggest that requirements to 
increase the visibility of bicyclists to others would significantly 
reduce daytime incidents. Data do show an increased risk of injury 
while bicycling during non-daylight hours.
    Commission staff observed informal demonstrations which suggested 
that reflective material on bike helmets could enhance the conspicuity 
of a nighttime rider. However, at this time, the Commission lacks 
information on what requirements might be effective to achieve this 
goal.
    The Commission intends to study this issue further in conjunction 
with planned work on evaluating the bicycle reflector requirements of 
CPSC's mandatory requirements for bicycles. 16 CFR part 1512. After 
that work is completed, the Commission will decide whether to propose 
reflectivity requirements for bicycle helmets under the authority of 
the Children's Bicycle Helmet Safety Act of 1994. The Commission does 
not intend to delay issuance of the standard proposed in this notice to 
coincide with any reflectivity requirements that may be issued later.
    Comment: Type of test rig. The originally proposed CPSC standard 
and the current interim mandatory standards allow the use of either a 
wire- or rail-guided impact test rig. A commenter recommended that the 
Commission adopt a free-fall test rig that has no rigid connection 
between the headform and the guide system. The Commission also received 
a proposal from one respondent to evaluate differences between twin-
wire and monorail test rigs through exhaustive comparison testing.
    Response: The Commission has no information to indicate that the 
suggested free-fall rig provides a more reliable test system or that it 
represents the dynamics of a human head impacting a surface better than 
other types of impact test equipment. Accordingly, the Commission is 
not proposing a free-fall test rig.
    To avoid the possibility that different results would be obtained 
with the two types of test rigs, the Commission is specifying only the 
monorail test rig in the revised mandatory standard. The suggested 
tests would be helpful only if both test rigs were permitted.
    For helmet certification testing, the regulation does not require 
that the manufacturer follow specifically the procedures of the CPSC 
standard. Thus, a manufacturer may chose to certify helmets by testing 
with a wire-guided test rig, provided the manufacturer assures that the 
helmets will meet the requirements of the CPSC standard when tested on 
the standard's monorail test rig.
    Comment: Dynamic strength of retention system test--spinning 
rollers. A comment suggested that the ``jaw rods'' in the strength of 
retention system test rig should be rotatable.
    Response: The requested feature is consistent with provisions in 
both the ANSI and Canadian standards and should help ensure that the 
maximum loading is transmitted to the retention system attachment 
points. Accordingly, the Commission has adopted this suggestion, and 
the revised proposal states that the ``stirrups'' that represent the 
bone structure of the jaw shall be freely spinning cylindrical rollers.
    Comment: Dimensions of impact base. Three commenters recommended 
revising the standard to allow a smaller impact base. The commenters 
claimed that the dimensions specified in the proposed standard are not 
consistent with many existing test rigs.
    Response: The Commission concludes that there is no known reason to 
exclude bases with smaller surface dimensions. Therefore, the 
Commission proposes to reduce the minimum surface area specification 
from 0.30 m\2\ to 0.10 m\2\. This is consistent with impact base 
specifications in Snell helmet standards. The minimum mass of the 
impact base will still be the originally proposed 135 kg.
    Comment: Instrument system check procedure. One commenter claimed 
that the instrument system check procedure specified in the first 
proposed rule only tests repeatability and not the accuracy of 
calibration. The commenter recommended that the procedure allow using a 
test headform, instead of the spherical impactor, for the instrument 
system check impacts. The commenter also suggested that the instrument 
system check be performed at least once a week.
    Response: The commenter is correct that this instrument system 
check procedure primarily indicates that the test is producing 
repeatable results. The Commission's staff, using the procedures 
proposed in the originally proposed CPSC standard, obtained daily test 
results on an average of 12 drops of a spherical impactor on a modular 
elastomer programmer (``MEP'') pad for 3 months. These tests yielded 
peak accelerations that met the originally proposed 3898g 
criteria for the specified velocity range. The specific g-level that 
will be achieved depends on the MEP pad in use.
    The Commission agrees that the instrument system check procedure 
should have greater flexibility to allow other laboratories to conduct 
testing based on their internal procedures. To help assure that 
consistent, reproducible data are obtained, the Commission proposes to 
continue the use of an impactor with a spherical impact surface, rather 
than impact headforms. The Commission also believes that the system 
check interval should not be longer than the beginning and end of each 
test day. The revised procedure, however, is not intended to prevent 
each laboratory from exercising sound engineering practice in 
establishing their specific methodology.
    Comment: Distance between impacts. A commenter recommends revising 
the minimum distance between impact sites 

[[Page 62668]]
from ``one fifth the circumference of the helmet'' to 120 mm.
    Response: The Commission believes that 120 mm allows sufficient 
distance to minimize the effects of impact site proximity and provides 
a more straightforward measurement than the original one-fifth 
circumference criteria. Accordingly, the Commission proposes to adopt 
this recommendation.
    Comment: Impact velocity tolerance. One commenter suggested a 
change from 2% to 5% for the tolerance on 
impact velocity.
    Response: Tests by CPSC staff indicated that helmet impact 
velocities sometimes fell outside the proposed 2% 
tolerance. However, the impact velocities almost always were within 
3% of the specified value. These tests showed that a 
3% velocity tolerance is reasonable to maintain a test 
procedure that will reliably indicate the equipment is functioning 
properly. Accordingly, the velocity tolerance for helmet testing has 
been changed to 3% in the revised proposal.
    Comment: Number of helmets required for testing. Comments were 
submitted requesting clarification of the number of helmet samples 
needed if attachments are provided with the helmet and if the helmet 
fits two headform sizes.
    Response: An additional set of five helmets is needed for each 
additional attachment (e.g., visors or shields), or combinations 
thereof, sold for use with the helmet. Two additional samples per set 
are needed if the helmet fits two headform sizes.
    Comment: Fit and testing. A comment stated that the standard needed 
to define ``fit'' as it relates to the process of selecting a test 
headform. Another comment provided a definition of ``fit'' and 
suggested that the language for selecting a test headform should more 
clearly explain how a sample set of helmets is divided when a helmet 
fits two different headform sizes.
    Response: Language addressing these concerns, including a 
definition of ``fit,'' has been added to the revised proposed rule.
    Comment: Wet-conditioning. A number of commenters suggested that 
wet-conditioning by totally immersing the helmet in water is 
unrealistically severe. These commenters recommended that the 
Commission consider a water-spray environment.
    Response: Commission testing of both immersed and water-sprayed 
helmets under various time durations showed no consistent trend in 
resulting peak acceleration levels. The immersion environment has the 
advantages of being easier to define and of subjecting the helmet to a 
uniform conditioning exposure. Since testing showed that these 
commenters' concerns are unfounded, the Commission is retaining the 
immersion method of wet-conditioning in the proposed standard. However, 
additional specifications to standardize the wet environment are 
included.
    Comment: Anvil test schedule. In the originally proposed standard, 
helmets 1 through 4 would have been tested with the flat and 
hemispherical anvils and the fifth helmet would be tested with the 
curbstone anvil. Two commenters suggested that there is no reason for a 
curbstone anvil impact to be treated differently from the flat and 
hemispherical anvil impacts.
    Response: Each anvil has a unique ``imprint'' that could stress 
helmet designs differently. Therefore, the proposed standard has been 
revised so that each of test helmets 1 through 4 must meet the 
standard's impact criteria on four impacts, once with each of the three 
anvils and once with the anvil likely to result in the highest g-value. 
In the absence of an indication why another anvil would be more 
stringent, this fourth impact should be made with the anvil that 
produced the highest g-value in the previous three impacts. This is 
consistent with the test schedules of the Snell B-90(S), N-94, and B-95 
helmet standards. (Under the revised proposal, the fifth helmet is 
tested only for positional stability.)
    Comment: Helmet straps. A commenter recommended that the test 
procedure require that all slack be removed from the helmet straps when 
fastening the helmet to the test headform.
    Response: The Commission agrees with this comment and has revised 
the proposal accordingly.
    Comment: Lateral positional stability test. A commenter recommended 
the addition of a positional stability test in the lateral direction.
    Response: The shape of the head is such that a properly fitted 
helmet is more likely to come off to the front or rear than to the 
side. Accordingly, the suggested lateral positioning test is 
unnecessary and not proposed.
    Comment: Dynamic v. static-load positional stability test. One 
commenter suggested that the CPSC consider the static load positional 
stability test specified in the Canadian Standards Association ('CSA') 
bicycle helmet standard.
    Response: The Commission believes that a dynamic test provides a 
more rigorous and realistic test of the restraint system, and has not 
adopted this suggested change.
    Comment: Retention system test schedule. Some commenters asked that 
the CPSC consider a change to the test schedule so that at least one 
impact attenuation drop per sample would be performed prior to testing 
the retention system.
    Response: CPSC staff testing did not show evidence to warrant a 
change in the sequence of retention system strength tests and impact 
tests. Accordingly, the Commission did not make this suggested change.
    Comment: Use of a Rubber Pad on the Stop Anvil. One commenter 
recommended using a rubber pad between the steel drop mass and the stop 
anvil.
    Response: The current ASTM and ANSI bicycle helmet standards do not 
require a rubber pad on the stop anvil. Based on comparison testing 
with and without a rubber pad, the Commission believes a rubber pad may 
produce a somewhat less stringent test. In the absence of any 
compelling reason to allow a rubber pad, therefore, the Commission has 
not changed the original proposal in this regard.
    Comment: Self-release buckle. One commenter suggested that 
consideration be given to requirements for a self-release buckle that 
could be used to prevent strangulation if the helmet becomes caught. 
The commenter stated that there are now efforts in Europe to develop a 
test method that would ensure that buckles release or break away when 
subjected to a load equivalent to the weight of a child.
    Response: The Commission has received reports of eight or nine 
deaths of children in Sweden and Norway that occurred when helmets 
became caught in trees or playground equipment, causing the child to 
become suspended by the chin strap. The Commission also has received 
reports of four nonfatal incidents in the United States since 1990, 
involving children of ages from 5 through 7 years, that occurred in the 
same fashion.
    However, the Commission is not proposing requirements for a self-
release buckle at this time. Considering the frequency and potential 
severity of head injuries in bicycle accidents, it is important to 
ensure that the helmet retention strength requirements are not 
compromised.
    Comment: Use labeling. A number of comments concerned what 
information should be on a bike helmet label to inform consumers of the 
helmet's intended use. Some commenters favored the ``Not For Motor 
Vehicle Use'' label that was first proposed in the CPSC standard. 
Others felt the helmet should be labeled ``For Bicycle Use Only.'' 

[[Page 62669]]

    Response: Currently, the ANSI and Snell voluntary standards require 
the label ``For Bicycle Use Only.'' ASTM requires the label ``Not for 
Motor Vehicle Use.'' The ASTM label was originally proposed because 
helmets are currently not made specifically for many non-bicycling 
activities, and people should not be discouraged from using a helmet 
for such activities by a label that states it is for bicycle use 
only.10

    \10\In fact, despite the ``For bicycle use only'' label, the 
U.S. Amateur Confederation of Roller Skating adopted the ANSI and 
Snell helmet standards years ago for use in competitive roller 
skating.
---------------------------------------------------------------------------

    Other commenters, however, disagreed. One indicated that labeling 
``Not for Motor Vehicle Use'' would stifle the development of separate 
helmet standards for other sports by voluntary organizations. The 
commenter believed that the ``Not for Motor Vehicle Use'' label 
suggests that a bicycle helmet is as effective for any non-motorized 
use as a helmet designed specifically for that activity.
    The Commission has no evidence to support the contention that the 
ASTM label would inhibit the development of voluntary standards for 
non-motorized activities, and no evidence that a bicycle helmet is 
inadequate for some of these activities. For this reason, the 
Commission continues to propose the ASTM label, ``Not for Motor Vehicle 
Use.''
    Comment: Label language and format. Some commenters suggested that 
the labels have specific language and format (e.g., the ANSI Warning 
Format).
    Response: The Commission concludes that requiring specific language 
or format is inappropriate for bicycle helmet labels, because the 
variety of helmet styles and limited space on the interior of some 
helmets requires more flexibility in labeling.
    Comment: Fit information on box. One commenter recommended that 
information on how to properly fit a helmet be required on the outside 
of the box.
    Response: Children frequently report uncomfortable fit as a reason 
for not wearing a helmet all the time. It is reasonable to expect that 
improper fit was sometimes involved in complaints that helmets are 
uncomfortable. A label on the box could inform parents, before they buy 
the helmet, that they need to properly fit it to the child's head. 
However, the Commission is not aware of any information which indicates 
that such a label would be any more effective in assuring proper fit in 
use than the originally proposed instructions, which need not be on the 
box. Accordingly, the Commission did not adopt this requested change.
    Comment: Age-specific fit instructions. A commenter suggested that 
instructions on fitting a helmet be age-specific, so that a young child 
can read them.
    Response: The Commission believes that age-specific instructions 
are unnecessary. The Commission lacks data showing that young children 
would act on age-specific instructions without urging from their 
parents. The originally proposed rule requires that the instruction 
sheet have graphics showing proper fit and position of the helmet. 
Children who can read may well be able to understand pictures showing 
proper fit. If not, the involvement of parents will likely be needed to 
convey the information on how to fit the helmet. Parents reading along 
with the child and discussing the pictures will likely deliver the 
message of proper fit.
    Comment: Life of helmets. One commenter was concerned that the 
requirement of Sec. 1203.6(a) that labels be legible for the life of 
the helmet was indefinite, because the life of a helmet is not known.
    Response: Snell N-94 and B-95 helmet standards recommend that 
helmets be replaced after 5 years, or less if the manufacturer so 
recommends. The Commission concludes that the manufacturer or importer 
can determine the life of a particular helmet and assure that the 
labels will remain legible for that time. However, to make this 
requirement more definite, the Commission has amended the proposal to 
state that the labels shall remain legible for the intended design life 
of the helmet.
    Comment: Helmet label--post-impact instructions. Some commenters 
requested that more direct information be provided about what to do 
with a helmet that has received an impact. One respondent stated that 
the current wording--``after receiving an impact, the helmet should be 
returned to manufacturer or be destroyed and replaced''--is ambiguous.
    Response: Damage to a helmet from an impact is not always visible 
to the user. To describe on a label the circumstances in which helmets 
can be used again, can be fixed, or should be destroyed, if feasible at 
all, would make the label excessively wordy and likely to be skimmed or 
ignored. Therefore, the Commission concludes that the most specific and 
appropriate label would state that the helmet be returned to the 
manufacturer or destroyed after impact because any damage may not be 
visible to the user.
    Comment: Neck injury protection. One commenter requested that the 
Commission include in this Federal Register notice a statement 
encouraging helmet manufacturers to ``undertake the development and 
marketing of helmets that protect wearers from paralyzing neck injuries 
as a result of bicycle riding.'' The commenter referred to a report 
that indicates that bike helmets reduce the risk of head injury, but do 
not seem to have any effect in reducing the risk of serious neck 
injury.
    Response: The Commission is aware of some efforts to reduce the 
risks of serious neck injury to bicyclists and participants in other 
recreational activities. The Commission always encourages research and 
development of safety-related devices. The Commission's staff will 
continue to monitor progress in this area. However, such devices are 
beyond the scope of this proceeding.
    Other changes to the standard:
    1. Impact-attenuation test--support assembly mass. The 
specification that the mass of the support assembly be no greater than 
25 percent of the mass of the total drop assembly has been deleted. The 
boundary on the location for the center of gravity at 
Sec. 1203.17(a)(3) will adequately limit the mass variance between the 
support assembly and the headform assembly.
    2. Dynamic strength of retention system test--mass of the test rig. 
The ASTM F1446 standard specifies a support assembly mass in the range 
of 6 kg to 12 kg (including the drop mass). CPSC considered this range 
too wide when developing the first CPSC proposed standard and specified 
a mass of 6 kg with a tight tolerance of  0.5 kg. 
Subsequent consideration of this issue by the ASTM Headgear 
Subcommittee concluded that the assembly mass, excluding the drop 
weight, should be specified at 7 kg (11 kg including the drop weight) 
with a narrow tolerance. It was agreed that this rig applies a rigorous 
test of retention system strength and provides a system better suited 
for adapting an electronic displacement transducer to provide an 
accurate means for measuring elongation. Accordingly, the mass of the 
test rig has been revised to 11 kg  0.5 kg.
    3. Dynamic strength of retention system test--deletion of preload 
ballast procedure. The procedure to place a preload ballast on top of 
the helmet has been deleted, since the more massive test rig in the 
revised proposal applies a sufficient preload to the helmet retention 
system to set the helmet fit padding against the test headform. 

[[Page 62670]]

    4. Children's helmets--age range. The age break for special 
provisions for children's helmets was originally proposed for 
``children 4 years of age and under.'' The Commission has revised this 
language to ``children under 5 years of age.'' This language clarifies 
the intent to include children until they reach their fifth birthday.
    5. Older children and adults test line. The Commission is proposing 
a revised test line for adults' and older children's helmets, as shown 
in Figure 4. The portion of the test line that extends from the front 
of the headform and through its center portion is essentially the test 
line specified in the Snell B-90 standard. Compared to the test lines 
in other U.S. voluntary bike helmet standards to which bike helmets are 
currently certified, the Snell B-90 test line provides the greatest 
area of impact protection in the front and central portions of the 
head.
    The rear step in the revised CPSC test line is derived by using a 
20 mm clearance from the extent-of-protection boundary specified in the 
August 15, 1994, CPSC-proposed bike helmet standard. The revised test 
region provides an acceptable area of head protection while allowing 
for certain design flexibility.
    6. Definition of Helmet Positioning Index (``HPI''). In the 
originally proposed standard, the HPI is defined as a distance that 
locates where the brow of the helmet should be positioned on the 
headform. In the revised proposal, the HPI is defined (Sec. 1203.4(f)) 
to be a specified distance from the reference plane (defined at 
Sec. 1203.4(l) and Figure 3), rather than from the basic plane (defined 
at Sec. 1203.4(a) and Figures 1 and 2). This change is made because 
impact headforms are cut away (above the basic plane) at the front brow 
area, making it difficult to measure for the HPI from the basic plane.

D. Certification Testing and Labeling

    General. Section 14(a) of the CPSA, 15 U.S.C. 2063(a), requires 
that every manufacturer (including importers) and private labeler of a 
product that is subject to a consumer product safety standard issue a 
certificate that the product conforms to the applicable standard, and 
to base that certificate either on a test of each product or on a 
``reasonable testing program.'' Subpart B of the proposed Safety 
Standard for Bicycle Helmets contains these certification requirements.
    The originally proposed certification rule. The proposed 
certification rule would require manufacturers of bicycle helmets that 
are manufactured 1 year after the issue date of the final standard to 
affix permanent labels to the helmets. These labels would be the 
``certificates of compliance,'' as that term is used in Sec. 14(a) of 
the CPSA. In the rule as originally proposed, all helmets would have 
had a label stating ``Complies with CPSC Safety Standard for Bicycle 
Helmets (16 CFR 1203)''. As explained below, the Commission is 
proposing somewhat different language for this label.
    In some instances, the label on the bicycle helmet may not be 
immediately visible to the ultimate purchaser of the helmet prior to 
purchase because of packaging or other marketing practices. In those 
cases, it is proposed to advise consumers that the helmet meets the 
CPSC standard by a second label that would be on the helmet's container 
or, if the container is not visible, on the promotional material used 
in connection with the sale of the bicycle helmet.
    The proposed certification label also contains the name and address 
of the manufacturer or importer, and identifies the production lot and 
the month and year the product was manufactured. Some of the required 
information may be in code.
    The proposed certification rule requires manufacturers and 
importers to conduct a reasonable testing program to demonstrate that 
their bicycle helmets comply with the requirements of the standard. 
This reasonable testing program may be defined by the manufacturers, 
but must include either the tests prescribed in the standard or any 
other reasonable test procedures that assure compliance with the 
standard.
    The originally proposed certification rule provides that the 
required testing program will test bicycle helmets sampled from each 
production lot in such a manner that there is a reasonable assurance 
that, if the bicycle helmets selected for testing meet the standard, 
all bicycle helmets in the lot will meet the standard.
    The rule as originally proposed provided that bicycle helmet 
importers may rely in good faith on the foreign manufacturer's 
certificate of compliance, provided that a reasonable testing program 
has been performed by or for the foreign manufacturer; the importer is 
a U.S. resident or has a resident agent in the U.S.; and the required 
test records are kept in the U.S. As explained in section E below, the 
Commission proposes an exception to the requirement that test records 
must be kept in the U.S.
    Comments, responses, and other changes to the certification testing 
and labeling requirements.
    Comment: Production lot. One commenter stated that the rule should 
use ``frequency of production'' rather than the originally proposed 
``manufacturing lot'' method to define a lot. The commenter explained 
that a manufacturing lot may encompass well over a million helmets if 
there are no changes in the design and production of a helmet. The 
commenter further explained that using frequency of production as the 
basis of the required reasonable testing program would require a firm 
to test after a specified number of helmets are produced. The commenter 
believes this would catch any defects more readily.
    Another commenter stated that the production lot should be based on 
a monthly or yearly period, as a production lot could include helmets 
made well after the qualification testing.
    Another commenter stated that the proposed definition of a 
production lot is unmanageable and may be expensive if a large number 
of helmets is produced and if there are any variations in the materials 
or processes in the production of the helmets. The commenter recommends 
that the definition of production lot be changed to either 
``sequentially labeled helmets bonded and tested separately, or a 
continuous production of like models produced in accordance with a 
quality system ensuring traceability for all component parts.'' Comment 
CC94-2-25.
    In addition, a commenter stated that CPSC should allow 
manufacturers flexibility to establish their own recognized quality 
assurance program, such as Mil Std 105D, ISO 9000, or ASQC.
    Response: The proposed rule defines a ``production lot'' as ``a 
quantity of bicycle helmets from which certain bicycle helmets are 
selected for testing before certifying the lot.'' In the proposed 
regulation, the helmets in a lot must be essentially identical in 
design, construction, and materials. This definition of a production 
lot does not require the lot to be a specified number of helmets or a 
set time interval of helmet production, such as weekly or monthly. 
However, the definition in the proposed regulation does not prohibit 
certification based on testing after a specified number of helmets or 
period of time, provided that changes in the design, construction, or 
materials of the helmet are not made in that production lot. Firms must 
define their production lots in such a fashion that samples collected 
for testing represent all the bicycle helmets in a particular lot.
    The firms responsible for certification know their products and 
manufacturing processes. These firms are in the best 

[[Page 62671]]
position to define their production lot and set up a reasonable testing 
program in order to assure that their helmets meet the standard. 
Furthermore, testing on only a number or time basis could allow changes 
in the helmets' specifications during a production lot that might cause 
failing results to go undetected until the specified interval occurs. 
Accordingly, the Commission is not proposing to require testing after a 
specified number of helmets or time period of production.
    A firm is not restricted in any way from establishing its own 
quality control program, including programs based on Mil Std. 105D, ISO 
9000, or ASQC. Therefore, no change in the proposal is required in this 
regard.
    The Commission believes that the certifying firms can determine, 
based on their production lot and methods of manufacture, how best to 
sample their lot in order to insure that the helmets meet the standard.
    Comment: Sampling. A commenter stated that the testing program 
should provide for sampling over the entire production lot in order to 
discover the production of noncomplying helmets.
    Response: Under the proposed rule, there is no requirement that 
sampling be conducted over the entire production lot. The rule states 
that the manufacturers and importers may set up their own testing 
program, provided the program is reasonable. The testing program is to 
insure that the helmets selected for testing represent all the helmets 
in the production lot. For the guidance of certifying firms, however, 
the Commission notes that a reasonable testing program would include 
both prototype and production testing, to provide reasonable assurance 
that all of the bicycle helmets in the production lot being tested 
comply with the requirements of the standard.
    Comment: Certification label. A commenter inquired whether the 
content of the certification label could be divided among more than one 
label.
    Response: The originally proposed regulation did not address 
whether the placement should be on one label. However, the restricted 
space inside helmets requires that there be flexibility for the format 
of the certification labeling.
    The Commission's Division of Human Factors believes that the name 
and address of the manufacturer, private labeler, or importer, where 
required and not in code, should be on one label. This is so the 
consumer can associate the address with the name if it is necessary to 
contact the manufacturer, private labeler, or importer for repair or 
replacement of the helmet. Also, if it is too difficult to find the 
information, consumers are less likely to follow through with repair or 
replacement of helmets. Accordingly, the Commission is revising the 
proposal to require that the name and address of firms required to be 
identified uncoded on the label must be on the same label.
    However, the Commission now proposes to allow separate labels for 
the other required information, including the statement of compliance 
with the CPSC standard, the production lot, and the date of 
manufacture.
    Comment: Third-party testing. A commenter suggested that 
certification testing should be conducted by a third party and include 
off-the-shelf random testing.
    Response: Under the proposed rule, testing may be done by the 
manufacturer or importer or by a third party. Regardless of who 
performs the test, certifying firms are responsible for insuring 
compliance with all requirements of the standard. No data are available 
showing that third-party certification would improve compliance with 
the standard. Accordingly, there is no reason to change the proposal in 
that regard.
    Comment: Verification by CPSC. A commenter suggested that the 
quality control testing program, testing equipment, and calibration of 
the testing equipment should be verified by CPSC.
    Response: It would be an inefficient use of Commission resources to 
conduct either quality control verification or calibration of industry 
equipment, and the need to do this has not been demonstrated. 
Accordingly, the proposal is unchanged in this regard.
    Comment: Production testing of features unlikely to change. A 
commenter stated that, once a model is certified, testing of helmets 
for peripheral vision, labeling, and instructions are unnecessary when 
performing routine compliance testing.
    Response: The proposal allows each firm to establish its own 
testing program, provided the testing program is reasonable. No 
specific tests are required. When there have not been any changes in 
the design of the helmet, the firm may establish simple visual 
examination of some attributes of helmets. For example, if the 
manufacturer is assured that there has been no change in the physical 
dimensions of a helmet, there would be no need to retest the helmet's 
peripheral vision.
    No change to the proposal is required to accommodate this 
commenter's concern.
    Comment: Certification label content--coding of foreign 
manufacturer. A commenter complained that the true name of the foreign 
manufacturer could be coded and not disclosed.
    Response: The intent of the certification label is to identify a 
party that the consumer or the CPSC can contact concerning the safety 
of a helmet. In addition, consumers need to be able to contact someone 
in the U.S. for repair or replacement information. Since foreign 
manufacturers are not subject to this regulation, there is no need for 
consumers to know the identity of the foreign manufacturer. 
Accordingly, the importer may code the foreign manufacturer's name. 
Similarly, a private labeler may code the U.S. manufacturer or both the 
importer and foreign manufacturer.
    The identification of the coded information must be available upon 
request from the importer or private labeler whose name is required to 
appear on the certification label. This adequately protects the 
interests the consumer and the CPSC have in this information. In 
addition, consumers could be confused if two firms were identified on 
the label. Accordingly, no change to the proposal is ma
FR Doc. 95-28761 Proposed Rule: Safety Standard for Bicycle Helmets
de in this 
regard.
    Comment: Certification label content--age of helmet. A commenter 
stated that permitting the coding of the product lot number and the 
date of manufacture denies consumers important information on the age 
of their helmets, as manufacturers commonly recommend replacing the 
helmet after 5 years. The commenter contends also that it would be 
easier for consumers to recognize recalls of helmets identified by 
dates on the helmets rather than by other codes.
    Response: Under the proposed rule, the manufacturer, importer, or 
private labeler may code the production lot and the date of production. 
These codes on the helmets should not place an undue burden on the 
consumer in determining the date of manufacture, as this information 
can be obtained if necessary.
    Manufacturers recommend that helmets be replaced after 5 years of 
use. The manufacture date or code would not identify the ``use'' age of 
the helmet, which relates more to the date of purchase of the helmet.
    During recalls, the affected firms will identify the model of the 
helmet, any codes, where it was sold, and the dates of distribution. A 
consumer can readily ascertain if his/her helmet is being recalled by 
examining the model number and the date of manufacture, which may be 
coded. Having the manufacturing date coded would not 

[[Page 62672]]
interfere with identifying a recalled helmet. Accordingly, no change in 
the proposal is needed in this regard.
    Comment: Certification label content--date of manufacture, serial 
number, and test date. One firm wants to provide the date of 
manufacture, serial number, and test date on the helmet, rather than a 
production lot.
    Response: The proposed regulation requires the production lot and 
the month and year of manufacture to be identifiable from the label, 
but does not require or prohibit the serial number or test date. Both 
the production lot and the time of manufacture may be in code. The test 
date would not add any information for the consumer. The serial number, 
however, may serve as a code to identify the production lot and, if so, 
may be used in its place.
    Accordingly, the proposed rule has been revised to state that a 
serial number may be used in place of a production lot identification 
if it can serve as a code to identify the production lot.
    Comment: Certification label content--telephone number. A commenter 
contends that the telephone number of the responsible firm should be on 
the certification label.
    Response: A telephone number is not required. This might place a 
burden on small firms with insufficient staff to handle a large number 
of calls. The consumer can contact the responsible firm in writing if 
the need arises.
    Other change: Compliance labels. Section 14(a) of the CPSA requires 
that certifying firms issue a certificate certifying that the product 
conforms to all applicable consumer product safety standards. 15 U.S.C. 
2063(a). Accordingly, the original proposal would have required the 
label statement ``Complies with CPSC Safety Standard for Bicycle 
Helmets (16 CFR part 1203)''.
    The Commission wants to guard against the possibility that small 
adult helmets will be purchased for children. Therefore, the revised 
proposed standard requires that helmets that do not comply with the 
requirements for young children's helmets be labeled ``Complies with 
CPSC Safety Standard for Bicycle Helmets for Adults and Children Age 5 
and Older (16 CFR 1203)''. Helmets intended for children 4 years of age 
and younger would bear a label stating ``Complies with CPSC Safety 
Standard for Bicycle Helmets for Children Under 5 Years (16 CFR 
1203)''. Helmets that comply with both standards could be labeled 
``Complies with the CPSC Safety Standard for Bicycle Helmets for 
Persons of All Ages'', or equivalent language.

E. Recordkeeping

    Section 16(b) of the CPSA requires that: [e]very person who is a 
manufacturer, private labeler, or distributor of a consumer product 
shall establish and maintain such records, make such reports, and 
provide such information as the Commission may reasonably require for 
the purposes of implementing this Act, or to determine compliance with 
rules or orders prescribed under this Act.

15 U.S.C. 2065(b).
    The rule as originally proposed would have required every entity 
issuing certificates of compliance for bicycle helmets to maintain 
written records that show the certificates are based on a reasonable 
testing program. As explained below, the Commission proposes to relax 
the requirement that the records be kept in written form.
    These records were proposed to be maintained for a period of at 
least 3 years from the date of certification of the last bicycle helmet 
in each production lot and shall be available to any designated officer 
or employee of the Commission upon request in accordance with 
Sec. 16(b) of the CPSA, 15 U.S.C. 2065(b).
    Comment: Location of test records. The original proposal required 
that records be kept by the importer in the U.S. to allow inspection by 
CPSC staff within 48 hours of a request by an employee of the 
Commission. A commenter inquired whether test records must be kept in 
the U.S. in the case of a Canadian firm that is owned by a U.S. firm, 
if the records are available to the U.S. company upon request.
    Response: The situation described by the commenter would achieve 
the result desired by the Commission. Accordingly, the Commission has 
revised the proposed regulation to state that if the importer can 
provide the records to the CPSC staff within the 48-hour time period, 
the records will be considered kept in the U.S.
    Comment: Records on disk. The proposed regulation stated that every 
person issuing a certificate of compliance for bicycle helmets shall 
maintain written records that show certificates are based on a 
reasonable testing program. A commenter requested that the 
certification test records be allowed to be kept on disk instead of 
paper.
    Response: The Commission agrees with the commenter that firms 
should be allowed to keep the records on disk, if the records can be 
made available upon request in an appropriate format. Accordingly, the 
Commission has amended the proposal to state that certification test 
record results may be kept on paper, microfiche, computer disk, or 
other retrievable media. Where records are kept on computer disk or 
other retrievable media, the records shall be made available to the 
Commission upon request on paper copies, or via electronic mail in the 
same format as paper copies.

F. Regulatory Flexibility Act Certification

    When an agency undertakes a rulemaking proceeding, the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., generally requires the agency to 
prepare proposed and final regulatory flexibility analyses describing 
the impact of the rule on small businesses and other small entities.
    The purpose of the Regulatory Flexibility Act, as stated in section 
2(b) (5 U.S.C. 602 note), is to require agencies, consistent with their 
objectives, to fit the requirements of regulations to the scale of the 
businesses, organizations, and governmental jurisdictions subject to 
the regulations. Section 605 of the Act provides that an agency is not 
required to prepare a regulatory flexibility analysis if the head of an 
agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities.
    The Commission's Directorate for Economics has prepared a 
preliminary economic assessment of the safety standard for bicycle 
helmets. The proposed rule would establish performance requirements for 
bicycle helmets. The vast majority of helmets now sold conform to one 
(or more) of three existing voluntary standards. The one-time costs 
associated with the redesign and testing of helmets to the new 
performance standards are not known. On a per-unit basis, however, 
costs associated with redesign and testing are expected to be small. 
The Commission solicits comment on the costs of the redesign and 
testing of bicycle helmets that would be required by the proposed 
standard.
    The vast majority of manufacturers now use third party testing and 
monitoring for product liability reasons, and are likely to continue to 
do so in the future. The proposed standard allows for self 
certification and monitoring, however, which is substantially less 
costly than third party testing and monitoring.
    The proposed labeling requirement is unlikely to have a significant 
impact on small firms, since virtually all bicycle helmets now bear a 
permanent label on their inside surface. Industry sources 

[[Page 62673]]
report that, given sufficient lead time to modify these labels, any 
increased cost of labeling would be insignificant.
    Accordingly, for the reasons given above, the Commission 
preliminarily certifies that the proposed Safety Standard for Bicycle 
Helmets, if promulgated, will not have any significant economic effect 
on a substantial number of small entities.

G. Environmental Considerations

    Pursuant to the National Environmental Policy Act, and in 
accordance with the Council on Environmental Quality regulations and 
CPSC procedures for environmental review, the Commission has assessed 
the possible environmental effects associated with the proposed safety 
standard for bicycle helmets.
    The Commission's regulations at 16 CFR 1021.5(c)(1) and (2) state 
that safety standards and product labeling or certification rules for 
consumer products normally have little or no potential for affecting 
the human environment. Preliminary analysis of the potential impact of 
this proposed rule indicates that the rule is not expected to affect 
preexisting packaging or materials of construction now used by 
manufacturers. Existing inventories of finished products would not be 
rendered unusable, since section 9(g)(1) of the CPSA provides that 
standards apply only to products manufactured after the effective date. 
Changes in coverage areas for helmets may require modification or 
replacement of existing injection molds. However, molds are routinely 
replaced due to wear or to changes in style, and modified molds could 
be incorporated in this replacement process. Thus, the quantity of 
discarded molds attributable to the rule is likely to be small. 
Especially in view of the statutory 1-year effective date, it is 
unlikely that significant stocks of current labels would require 
disposal.
    The requirements of the standard are not expected to have a 
significant effect on the materials used in production or packaging, or 
on the amount of materials discarded due to the regulation. Therefore, 
no significant environmental effects are expected from the proposed 
rule if it is adopted. Accordingly, neither an environmental assessment 
nor an environmental impact statement is required.

H. Paperwork Reduction Act

    As noted above, the requirements proposed below, if issued as a 
final rule, would require U.S. manufacturers and importers of bicycle 
helmets to conduct a reasonable testing program to ensure their 
products comply with the standard. They are also required to keep 
records of such testing so that the Commission's staff can verify that 
the testing was conducted properly. This will enable the staff to 
obtain information indicating that a company's helmets comply with the 
standard, without having itself to test helmets. U.S. manufacturers and 
importers of bicycle helmets would also have to label their products 
with specified information.
    For these reasons, the proposal published below contains 
``collection of information requirements'' subject to the Paperwork 
Reduction Act of 1995, 15 U.S.C. 3501-3520, Pub. L. 104-13, 109 Stat. 
163 (1995). An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. The control number may be 
displayed by publication in the Federal Register. Accordingly, the 
Commission has submitted the proposed collection of information 
requirements to OMB for review under section 3507(d) of the Paperwork 
Reduction Act of 1995. The title of the submission is ``Safety Standard 
for Bicycle Helmets--Testing and Recordkeeping Requirements.''
    The Commission's staff estimates that there are about 30 
manufacturers and importers subject to these collection of information 
requirements. There are an estimated 200 different models of bicycle 
helmets currently marketed in the U.S.
    Industry sources advise the Commission's staff that the time that 
will be required to comply with the collection of information 
requirements will be from 100 to 150 hours per model per year. 
Therefore, the total amount of time required for compliance with these 
requirements will be 20,000 to 30,000 hours per year. However, these 
estimates are based on the amount of time that is currently expended in 
complying with the similar requirements that are in the various 
voluntary standards. Thus, the net burden of the proposed final 
collection of information requirements is expected to be insignificant, 
or at least a small fraction of the total hours given above. The 
Commission would like to receive comments on the activities and time 
required to comply with these requirements and how these differ from 
usual and customary current industry practices, on the accuracy of the 
Commission's burden estimate, and on how that burden could be reduced.
    It is possible that firms will consider some of the records 
required to be provided to the Commission upon request to be trade 
secret or other confidential commercial information. Under section 
6(a)(2) of the CPSA, the Commission may not disclose information that 
contains or relates to a trade secret, or is of a type referred to in 
18 U.S.C. 1905 or subject to 5 U.S.C. 552(b)(4). 15 U.S.C. 2055(a)(2). 
Under this section and 16 CFR 1015.18-.19, persons desiring 
confidential treatment for information must request that it not be 
disclosed. If the Commission's staff nevertheless determines that the 
information may be disclosed because it is not confidential, the person 
submitting the information will be given written notice at least 10 
working days before the information is released. Thus, the submitter 
has an opportunity to seek judicial review of the Commission's 
determination before the information is released. Also, see 16 CFR part 
1101. These procedures also apply to rulemaking comments for which the 
commenter seeks confidentiality.
    Any person may also submit comments to OMB on these proposed 
collection of information requirements. OMB is required to make a 
decision concerning the collections of information contained in the 
proposed rule between 30 and 60 days after publication. Thus, although 
comments will be received by OMB until February 5, 1996, a comment to 
OMB is best assured of having its full effect if OMB receives it by 
January 5, 1996. Comments should be submitted to the Office of 
Information and Regulatory Affairs of OMB, Attention: Desk Officer for 
the Consumer Product Safety Commission. Persons filing comments with 
OMB are encouraged to send copies to the Commission's Office of the 
Secretary, with a caption or cover letter identifying the materials as 
comments submitted to OMB on the proposed collection of information 
requirements for bicycle helmets.

List of Subjects in 16 CFR Part 1203

    Consumer protection, Bicycles, Incorporation by reference, Infants 
and children, Safety.
    For the reasons given above, the Commission proposes to revise Part 
1203 of Title 16 of the Code of Federal Regulations, to read as 
follows:

PART 1203--SAFETY STANDARD FOR BICYCLE HELMETS

Subpart A--The Standard

Sec.
1203.1  Scope and effective date.
1203.2  Purpose.
1203.3  Referenced documents.
1203.4  Definitions.
1203.5  Construction requirements - projections.
1203.6  Labeling and instructions. 

[[Page 62674]]

1203.7  Samples for testing.
1203.8  Conditioning environments.
1203.9  Test headforms.
1203.10  Selecting the test headform.
1203.11  Marking the test line.
1203.12  Test requirements.
1203.13  Test schedule.
1203.14  Peripheral vision test.
1203.15  Positional stability test (roll-off resistance).
1203.16  Dynamic strength of retention system test.
1203.17  Impact attenuation test.
1203.18  Reflectivity. [Reserved]

Subpart B--Certification

1203.30  Purpose and scope.
1203.31  Effective date.
1203.32  Definitions.
1203.33  Certification testing.
1203.34  Product certification and labeling by manufacturers 
(including importers).

Subpart C--Recordkeeping

1203.40  Effective date.
1203.41  Recordkeeping requirements.
Subpart D--Bicycle Helmets Manufactured From March 16, 1995, Through 
Date That Is 1 Year After The Final Rule Is Issued
1203.51  Purpose.
1203.52  Scope and effective date.
1203.53  Interim safety standards.

Figures to Part 1203

    Authority: Secs. 201-207, Pub. L. 103-267, 108 Stat. 726-729, 15 
U.S.C. 6001-6006.

Subpart A--The Standard

Sec. 1203.1  Scope and effective date.

    This standard describes test methods and defines minimum 
performance criteria for protective headgear used by bicyclists. The 
values stated in International System of Units (``SI'') measurements 
are the standard. The inch-pound values stated in parentheses are for 
information only. The standard shall become effective 1 year after 
publication of the final rule and shall apply to all bicycle helmets 
manufactured after that date. Bicycle helmets manufactured between 
March 16, 1995, and the date that is 1 year after publication of the 
final rule, inclusive, are subject to the requirements of Subpart D, 
rather than this Subpart A.

Sec. 1203.2  Purpose.

    The purpose and basis of this standard is to reduce the likelihood 
of serious injury and death to bicyclists resulting from impacts to the 
head, as provided in 15 U.S.C. 6001-6006.

Sec. 1203.3  Referenced documents.

    The following documents are referenced in this standard.
    (a) Draft ISO/DIS Standard 6220-1983--Headforms for Use in the 
Testing of Protective Helmets.1

    \1\Available from American National Standards Institute, 11 W. 
42nd St., 13th Floor, New York, NY 10036.
---------------------------------------------------------------------------

    (b) Federal Motor Vehicle Safety Standard 218, Motorcycle 
Helmets.2

    \2\Available from the Department of Transportation, National 
Highway Traffic Safety Administration, Office of Vehicle Safety 
Standards, 400 7th St. S.W., Washington D.C. 20590.
---------------------------------------------------------------------------

    (c) SAE Recommended Practice SAE J211 OCT88, Instrumentation for 
Impact Tests.3

    \3\Available from Society of Automotive Engineers, 400 
Commonwealth Dr., Warrendale, PA 15096.
---------------------------------------------------------------------------

Sec. 1203.4  Definitions

    (a) Basic plane means an anatomical plane that includes the 
auditory meatuses (the external ear openings) and the inferior orbital 
rims (the bottom edges of the eye sockets). The ISO headforms are 
marked with a plane corresponding to this basic plane (see Figures 1 
and 2 to this part).
    (b) Bicycle helmet means any headgear that either is marketed as, 
or has a reasonably foreseeable use as, a device intended to provide 
protection from head injuries while riding a bicycle.
    (c) Comfort or fit padding means resilient lining material used to 
configure the helmet for a range of different head sizes. This padding 
has no significant effect on impact attenuation.
    (d) Coronal plane is an anatomical plane perpendicular to both the 
basic and midsagittal planes and containing the midpoint of a line 
connecting the right and left auditory meatuses. The ISO headforms are 
marked with a transverse plane corresponding to this coronal plane (see 
Figures 1 and 2).
    (e) Field of vision is the angle of peripheral vision allowed by 
the helmet when positioned on the reference headform.
    (f) Helmet positioning index (HPI) is the vertical distance from 
the brow of the helmet to the reference plane, when placed on a 
reference headform. The vertical distance shall be specified by the 
manufacturer for each size of headform the helmet fits.
    (g) Midsagittal plane is an anatomical plane perpendicular to the 
basic plane and containing the midpoint of the line connecting the 
notches of the right and left inferior orbital ridges and the midpoint 
of the line connecting the superior rims of the right and left auditory 
meatuses. The ISO headforms are marked with a longitudinal plane 
corresponding to the midsagittal plane (see Figures 1 and 2 to this 
part).
    (h) Modular elastomer programmer (MEP) is a cylindrical pad, 
typically consisting of a polyurethane rubber, used as a consistent 
impact medium for the systems check procedure.
    (i) Preload ballast is a ``bean bag'' filled with lead shot placed 
on the helmet to secure its position on the headform. The mass of the 
preload ballast is 5 kg (11 lb).
    (j) Projection is any part of the helmet, internal or external, 
that extends beyond the faired surface.
    (k) Reference headform is a headform used as a measuring device and 
contoured in the same configuration as one of the test headforms A, E, 
J, M, and O defined in DRAFT ISO DIS 6220-1983. The reference headform 
shall include surface markings corresponding to the basic, coronal, 
midsagittal, and reference planes (see Figures 1 and 2 to this part).
    (l) Reference plane is a plane marked on the ISO headforms at a 
specified distance above and parallel to the basic plane (see Figure 3 
to this part).
    (m) Retention system is the complete assembly that secures the 
helmet in a stable position on the wearer's head.
    (n) Shield means optional equipment for helmets that is used in 
place of goggles to protect the eyes.
    (o) Spherical impactor is a 146 mm (5.75 in.) diameter aluminum 
sphere, with a mass of 4005  5 g (8.83  1.10 
lb), that is specifically machined for mounting onto the ball-arm 
connector of the drop-test assembly. The impactor is used to check the 
electronic equipment (see Sec. 1203.17).
    (p) Test headform is a solid model in the shape of a human head of 
sizes A, E, J, M, and O as defined in DRAFT ISO/DIS 6220-1983. 
Headforms used for the impact attenuation test shall be constructed of 
K-1A magnesium alloy or functionally equivalent metal. The test 
headforms shall include surface markings corresponding to the basic, 
coronal, midsagittal, and reference planes (see Figure 2 to this part).
    (q) Test region is the area of the helmet, on and above a specified 
test line, that is subject to impact testing.
    (r) Visor (peak) is optional helmet equipment for protection 
against sun or glare, and is sometimes used as a rock or dirt 
deflector.

Sec. 1203.5  Construction requirements--projections.

    Any unfaired projection extending more than 7 mm (0.28 in.) from 
the helmet's outer surface shall break away or collapse when impacted 
with forces equivalent to those produced by the applicable impact-
attenuation tests in Sec. 1203.17 of this standard. Rigid 

[[Page 62675]]
projections on the inner surface shall not exceed 2 mm (0.08 in.) and 
shall not make contact with the test headform after testing in 
accordance with Sec. 1203.17.

Sec. 1203.6  Labeling and instructions.

    (a) Labeling. Each helmet shall be marked so that the following 
information is legible and easily visible to the user and is likely to 
remain on the helmet and legible throughout the intended design life of 
the helmet:
    (1) Model designation.
    (2) A warning to the user that no helmet can protect against all 
possible impacts.
    (3) A warning that for maximum protection the helmet must be fitted 
and attached properly to the wearer's head in accordance with the 
manufacturer's fitting instructions.
    (4) A warning to the user that the helmet may, after receiving an 
impact, be damaged to the point that it is no longer adequate to 
protect the head against further impacts, and that this damage may not 
be visible to the user. This label shall also state that a helmet that 
has sustained an impact should be returned to the manufacturer for 
competent inspection, or be destroyed and replaced.
    (5) A warning to the user that the helmet can be damaged by contact 
with common substances (for example, certain solvents, cleaners, etc.), 
and that this damage may not be visible to the user. This label shall 
also state any recommended cleaning agents and procedures, list any 
known common substances that damage the helmet, and warn against 
contacting the helmet with these substances.
    (6) The statement ``Not For Motor Vehicle Use''.
    (b) Instructions. Each helmet shall have fitting and positioning 
instructions, including graphic representation of proper positioning.

Sec. 1203.7  Samples for testing.

    (a) General. Helmets shall be tested in the condition in which they 
are offered for sale. They must pass all tests, both with and without 
any attachments that may be offered by the helmet's manufacturer, and 
with all possible combinations of such attachments.
    (b) Number of samples. Five samples of each size for each model and 
combination of attachments offered for sale are required to test 
conformance to this standard. If a helmet fits more than one size of 
test headform, two additional samples are needed for each additional 
headform size for the testing described in Sec. 1203.10--Selecting the 
test headform.

Sec. 1203.8  Conditioning environments.

    Helmets shall be conditioned to one of the following environments 
prior to testing in accordance with the test schedule at Sec. 1203.13. 
The barometric pressure in all conditioning environments shall be 75 to 
110 kPa (22.2 to 32.6 inches of Hg). All test helmets shall be 
stabilized within this ambient range for at least 4 hours prior to 
further conditioning and testing. Storage or shipment within this 
ambient range satisfies this requirement.
    (a) Ambient condition. The ambient condition of the test laboratory 
shall be within 17  deg.C to 27  deg.C (63  deg.F to 81  deg.F), and 20 
to 80 percent relative humidity. The ambient test helmet does not need 
further conditioning.
    (b) Low temperature. The helmet shall be kept at a temperature of 
-16  deg.C to -13  deg.C (3  deg.F to 9  deg.F) for 4 to 24 hours prior 
to testing.
    (c) High temperature. The helmet shall be kept at a temperature of 
47  deg.C to 53  deg.C (117  deg.F to 127  deg.F) for 4 to 24 hours 
prior to testing.
    (d) Water immersion. The helmet shall be fully immersed ``crown'' 
down in potable water at a temperature of 17  deg.C to 27  deg.C (63 
deg.F to 81  deg.F) to a crown depth of 305 mm25 mm (12 
in.1 in.) for 4 to 24 hours prior to testing.

Sec. 1203.9  Test headforms.

    The headforms used for testing shall be sizes A, E, J, M, and O, as 
defined by DRAFT ISO/DIS 6220-1983. Headforms used for impact testing 
shall be constructed of K-1A magnesium alloy or other functionally 
equivalent metal and must have no resonant frequencies below 3000 hz.

Sec. 1203.10  Selecting the test headform.

    A helmet shall be tested on the appropriate size(s) of headform(s) 
on which it fits. Fit means that it is not physically difficult to put 
the helmet on the headform, and that the helmet's comfort or fit 
padding is partially compressed. A complete set of five helmets of each 
size and model shall be tested on the smallest size test headform on 
which they fit. Two additional helmets shall be tested on each of the 
larger headforms the helmets fit. Testing on the larger headform(s) 
will include at least one peripheral vision test, dynamic retention 
test, positional stability test, and impact attenuation test (complete 
set of four impacts) using the conditioning environment that produced 
the highest g value in the impact attenuation tests on the smallest 
headform the helmet fit.

Sec. 1203.11  Marking the test line.

    Prior to testing, the test line shall be determined for each helmet 
in the following manner.
    (a) Position the helmet on the appropriate headform as specified by 
the manufacturer's head positioning index (HPI), with the brow parallel 
to the basic plane. Place a 5-kg (11-lb) preload ballast on top of the 
helmet to set the comfort or fit padding.
    (b) Draw a test line on the outer surface of the helmet coinciding 
with the intersection of the surface of the helmet with the impact line 
planes defined from the reference headform as shown in:
    (1) Figure 4 to this part for helmets intended for adults and for 
children 5 years of age and older.
    (2) Figure 5 for helmets intended for children under 5 years of 
age.
    (c) The center of the impact sites shall be selected at any point 
on the helmet on or above the test line.

Sec. 1203.12  Test requirements.

    (a) Peripheral vision. The helmet shall allow unobstructed vision 
through a minimum of 105 deg. to the left and right sides of the 
midsagittal plane when measured in accordance with Sec. 1203.14 of this 
standard.
    (b) Positional stability. The helmet shall not release from the 
test headform when tested in accordance with Sec. 1203.15 of this 
standard.
    (c) Dynamic strength of retention system. The retention system 
shall remain intact without elongating more than 30 mm (1.2 in.) when 
tested in accordance with Sec. 1203.16 of this standard.
    (d) Impact attenuation criteria. (1) For bicycle helmets intended 
for adults and children 5 years and older. The peak acceleration of any 
impact shall not exceed 300 g when the helmet is tested in accordance 
with Sec. 1203.17 of this standard.
    (2) For bicycle helmets intended for children under 5 years. The 
peak acceleration of any impact shall not exceed 250 g when the helmet 
is tested in accordance with Sec. 1203.17 of this standard.

Sec. 1203.13  Test schedule.

    (a) One of the set of five helmets shall be tested for peripheral 
vision in accordance with Sec. 1203.14 of this standard.
    (b) Helmet samples 1 through 4 shall be conditioned in the ambient, 
high temperature, low temperature, and water immersion environments, 
respectively. Helmet 5 shall be conditioned in the ambient condition.
    (c) Testing must begin within 2 minutes after the helmet is removed 

[[Page 62676]]
from the conditioning environment. The helmet shall be returned to the 
conditioning environment within 3 minutes after it was removed for a 
minimum of 2 minutes before testing is resumed. If the helmet is out of 
the conditioning environment for longer than 3 minutes, it shall be 
reconditioned for 5 minutes for each minute it is out of the 
conditioning environment beyond the allotted 3 minutes before testing 
is resumed.
    (d) Helmets shall be tested for dynamic strength of the retention 
system prior to being tested for impact attenuation. Helmets 1 through 
4 (conditioned in ambient, high temperature, low temperature, and water 
immersion environments) shall be tested in accordance with the dynamic 
retention system strength test at Sec. 1203.16. Helmets 1 through 4 
shall then be tested in accordance with the impact attenuation tests on 
the flat, hemispherical, and curbstone anvils in accordance with the 
procedure at Sec. 1203.17. Helmet 5 (conditioned in an ambient 
environment) shall be tested in accordance with the positional 
stability tests at Sec. 1203.15. Table 1203.13 summarizes the test 
schedule.

                                          Table 1203.13.--Test Schedule                                         
----------------------------------------------------------------------------------------------------------------
                                                                                                  Sec. 1203.17  
                                              Sec. 1203.14     Sec. 1203.15     Sec. 1203.16    Impact tests--4 
                                               Peripheral       Positional       Retention        impacts per   
                                                 vision         stability     system strength        helmet     
----------------------------------------------------------------------------------------------------------------
Helmet 1--Ambient.........................  X                ...............  X                1 Flat  X        
                                                                                               1Hemi.  X        
                                                                                               1 Curb.  X       
                                                                                               1 TBD*  X        
Helmet 2--High Temperature................  ...............  ...............  X                1 Flat  X        
                                                                                               1 Hemi.  X       
                                                                                               1 Curb.  X       
                                                                                               1 TBD*   X       
Helmet 3--Low Temperature.................  ...............  ...............  X                1 Flat  X        
                                                                                               1 Hemi.  X       
                                                                                               1 Curb.  X       
                                                                                               1 TBD*  X        
Helmet 4--Water Immersion.................  ...............  ...............  X                1 Flat  X        
                                                                                               1 Hemi.  X       
                                                                                               1 Curb.  X       
                                                                                               1 TBD*  X        
Helmet 5--Ambient.........................  X                X                                                  
----------------------------------------------------------------------------------------------------------------
* To Be Determined. The fourth impact can be on any of the anvils, at the discretion of the test personnel.     

Sec. 1203.14.  Peripheral vision test.

    Position the helmet on a reference headform in accordance with the 
HPI and place a 5-kg (11-lb) preload ballast on top of the helmet to 
set the comfort or fit padding. (Note: Peripheral vision clearance may 
be determined when the helmet is positioned for marking the test 
lines.) Peripheral vision is measured horizontally from each side of 
the midsagittal plane around the point K (see Figure 6 to this part). 
Point K is located on the front surface of the reference headform at 
the intersection of the basic and midsagittal planes. The vision shall 
not be obstructed within 105 degrees on each side of the midsagittal 
plane from point K.

Sec. 1203.15  Positional stability test (roll-off resistance).

    (a) Test equipment. (1) Headforms. The geometry of the test 
headforms shall comply with the dimensions of the full chin ISO 
reference headforms sizes A, E, J, M, and O.
    (2) Test fixture. The headform shall be secured in a test fixture 
with its vertical axis pointing downward and 45 degrees to the 
direction of gravity (see Figure 7 to this part). The test fixture 
shall permit rotation of the headform about its vertical axis and 
include means to lock the headform in the face up and face down 
positions.
    (3) Dynamic impact apparatus. A dynamic impact apparatus shall be 
used to apply a shock load to a helmet secured to a test headform. The 
dynamic impact apparatus shall allow a 4-kg (8.8-lb) drop weight to 
slide in a guided free fall to impact a rigid stop anvil (see Figure 
7). The entire mass of the dynamic impact assembly, including the drop 
weight, shall be no more than 5 kg (11 lb).
    (4) Strap or cable. A hook and flexible strap or cable shall be 
used to connect the dynamic impact apparatus to the helmet. The strap 
or cable shall be of a material having an elongation of no more than 5 
mm (0.20 in.) per 300 mm (11.8 in.) when loaded with a 22-kg (48.5 lb) 
weight in a free hanging position.
    (b) Test procedure. (1) Orient the headform so that its face is 
down, and lock it in that orientation.
    (2) Place the helmet on the appropriate size full chin headform in 
accordance with the HPI and fasten the retention system in accordance 
with the manufacturer's instructions. Adjust the straps to remove any 
slack.
    (3) Suspend the dynamic impact system from the helmet by 
positioning the flexible strap over the helmet along the midsagittal 
plane and attaching the hook over the edge of the helmet as shown in 
Figure 7.
    (4) Raise the drop weight to a height of 0.6 m (2 ft) from the stop 
anvil and release it, so that it impacts the stop anvil.
    (5) The test shall be repeated with the headform face pointing 
upwards, so that the helmet is pulled from front to rear.

Sec. 1203.16  Dynamic strength of retention system test.

    (a) Test equipment. (1) ISO headforms without the lower chin 
portion shall be used.
    (2) The retention system strength test equipment shall consist of a 
dynamic impact apparatus that allows a 4-kg (8.8-lb) drop weight to 
slide in a guided free fall to impact a rigid stop anvil (see Figure 
8). Two cylindrical rollers that spin freely, with a diameter of 
12.50.5 mm (0.49 in.0.02 in.) that have a 
center-to-center distance of 76.01 mm (3.00.04 
in.), shall make up a stirrup that represents the bone structure of the 

[[Page 62677]]
lower jaw. The entire dynamic test apparatus hangs freely on the 
retention system. The entire mass of the support assembly, including 
the 4-kg (8.8-lb) drop weight, shall be 11 kg0.5 kg (24.2 
lb1.1 lb).
    (b) Test procedure. (1) Place the helmet on the appropriate size 
headform on the test device according to the HPI. Fasten the strap of 
the retention system under the stirrup.
    (2) Mark the pre-test position of the retention system, with the 
entire dynamic test apparatus hanging freely on the retention system.
    (3) Raise the 4-kg (8.8-lb) drop weight to a height of 0.6 m (2 ft) 
from the stop anvil and release it, so that it impacts the stop anvil.
    (4) Record the maximum elongation of the retention system during 
the impact. A marker system or a displacement transducer, as shown in 
Figure 8, are two methods of measuring the elongation.

Sec. 1203.17  Impact attenuation test.

    (a) Test instruments and equipment. (1) Measurement of impact 
attenuation. Impact attenuation is determined by measuring the 
acceleration of the test headform during impact. Acceleration is 
measured with a uniaxial accelerometer that is capable of withstanding 
a shock of at least 1000 g. The helmet is secured onto the headform and 
dropped in a guided free fall, using a monorail test apparatus (see 
Figure 9), onto an anvil fixed to a rigid base. The base shall consist 
of a solid mass of at least 135 kg (298 lb), the upper surface of which 
shall consist of a steel plate at least 12 mm (0.47 in.) thick and 
having a surface area of at least 0.10 m\2\ (1.08 ft\2\).
    (2) Accelerometer. A uniaxial accelerometer is mounted at the 
center of gravity of the test headform, with the sensitive axis aligned 
within 5 degrees of vertical when the test headform is in the impact 
position. The acceleration data channel and filtering shall comply with 
SAE Recommended Practice J211 OCT88, Instrumentation for Impact Tests, 
Requirements for Channel Class 1000.
    (3) Headform and drop assembly--centers of gravity. The center of 
gravity of the test headform is located at the center of the mounting 
ball on the support assembly and lies within an inverted cone with its 
axis vertical, and forming a 10 degree included angle with the vertex 
at the point of impact. The location of the center of gravity of the 
drop assembly (combined test headform and support assembly) must meet 
FMVSS 218 S7.1.8. The center of gravity of the drop assembly lies 
within the rectangular volume bounded by x = -6.4 mm (-0.25 in.), x = 
21.6 mm (0.85 in), y = 6.4 mm (0.25 in.), and y = -6.4 mm (-0.25 in), 
with the origin located at the center of gravity of the test headform. 
The rectangular volume has no boundary along the z-axis. The x-y-z axes 
are mutually perpendicular and have positive or negative designations 
in accordance with the right-hand rule. The origin of the coordinate 
axes is located at the center of the mounting ball on the support 
assembly. The x-y-z axes of the test headform assembly on monorail 
impact-test equipment are oriented as follows: From the origin, the x-
axis is horizontal with its positive direction going toward and passing 
through the vertical centerline of the monorail. The positive z-axis is 
downward. The y-axis also is horizontal, and its direction is decided 
by the z- and x-axes, using the right-hand rule. See Figure 10 for an 
overhead view of the x-y boundary of the location of the center of 
gravity.
    (4) Drop assembly. The center of gravity of the headform shall be 
at the center of the mounting ball.
    (i) Mass of the drop assembly for testing helmets for adults and 
children 5 years of age and older. The combined mass of the 
instrumented test headform and support assembly (excluding the test 
helmet) for the impact test shall be 5.0 0.1 kg (11.00 
0.22 lb).
    (ii) Mass of the drop assembly for testing helmets for children 
under 5 years. The combined mass of the instrumented test headform (ISO 
A or ISO E) and support assembly (excluding the test helmet) for the 
impact test shall be 3.9 0.1 kg (8.60 0.22 lb).
    (5) Impact anvils. Impact tests shall be performed against the 
three different anvils described below. All of the anvils shall be 
constructed of steel and shall be solid (i.e., without internal 
cavities).
    (i) Flat Anvil. The flat anvil shall have a flat surface area with 
an impact face having a minimum diameter of 125 mm (4.92 in.) and shall 
be at least 24 mm (0.94 in.) thick (see Figure 11).
    (ii) Hemispherical anvil. The hemispherical anvil shall have an 
impact surface with a radius of 48 1 mm (1.89 
0.04 in.). The profile of the impact surface shall be one 
half the surface of a sphere (see Figure 12).
    (iii) Curbstone anvil. The curbstone anvil shall have two flat 
faces making an angle of 105 degrees and meeting along a striking edge 
with a radius of 15 mm 0.5 mm (0.59 0.02 in.). 
The height of the curbstone anvil shall not be less than 50 mm (1.97 
in.), and the length shall not be less than 200 mm (7.87 in.) (see 
Figure 13).
    (b) Test Procedure. (1) Instrument system check. The impact-
attenuation test instrumentation shall be checked before and after each 
series of tests (at least at the beginning and end of each test day) by 
dropping an impactor with a spherical impact surface onto an 
elastomeric test medium (MEP). The impactor shall be dropped onto the 
MEP at a specified impact velocity (2% of a central value) 
that is representative of helmet testing drop heights. Before 
conducting a series of drops, the center vertical axis of the 
accelerometer (see Sec. 1203.17(a)(2)) shall be aligned with the 
geometric center of the MEP pad. Six impacts, at intervals of 75 
15 seconds, shall be performed at the beginning and end of 
the day. The first three impacts at the beginning and end of the day 
shall be considered warm-up drops and shall be discarded from the 
series. The test parameters selected at each laboratory shall produce 
impact accelerations shown to be repeatable within 2% of a 
central value.
    (2) Impact sites. Each of helmets 1 through 4 (one helmet for each 
conditioning environment) shall impact at four different sites, one 
impact on the flat anvil, one impact on the hemispherical anvil, one 
impact on the curbstone anvil, and one impact on an anvil chosen at the 
discretion of the test personnel.4 The center of any impact may be 
on or anywhere above the test line, provided it is at least 120 mm 
(4.72 in), measured on the surface of the helmet, from any prior impact 
center. Rivets and other mechanical fasteners, vents, and any other 
helmet feature within the test region are valid test sites.

    \4\The intent of this requirement is that the fourth impact will 
be on the anvil likely to result in the highest g-value. In the 
absence of an indication why another anvil would be more stringent, 
this fourth impact should be made with the anvil that produced the 
highest g-value in the previous three impacts.
---------------------------------------------------------------------------

    (3) Impact velocity. The helmet shall be dropped onto the flat 
anvil from a theoretical drop height of 2 meters (6.56 ft) to achieve 
an impact velocity of 6.2 m/s 3% (20.34 ft/s 
3%). The helmet shall be dropped onto the hemispherical and 
curbstone anvils from a theoretical drop height of 1.2 meters (3.94 ft) 
to achieve an impact velocity of 4.8 m/s 3% (15.75 ft/s 
3%). The impact velocity shall be measured during the last 
40 mm (1.57 in) of free-fall for each test.
    (4) Helmet position. Prior to each test, the helmet shall be 
positioned on the test headform in accordance with the HPI. The helmet 
shall be secured so that it does not shift position prior to impact. 
The helmet retention system shall be secured in a manner that does not 
interfere with free-fall or impact. 

[[Page 62678]]

    (5) Data. Record the maximum acceleration in g's during impact.

Sec. 1203.18  Reflectivity. [Reserved]

Subpart B--Certification

Sec. 1203.30  Purpose and scope.

    (a) Purpose. Section 14(a) of the Consumer Product Safety Act 
(CPSA), 15 U.S.C. 2063(a), requires every manufacturer (including 
importers) and private labeler of a product which is subject to a 
consumer product safety standard to issue a certificate that the 
product conforms to the applicable standard. Section 14(a) further 
requires that the certificate be based either on a test of each product 
or on a ``reasonable testing program.'' The purpose of this subpart is 
to establish requirements that manufacturers and importers of bicycle 
helmets subject to the Safety Standard for Bicycle Helmets (Subpart A 
of this Part 1203) shall issue certificates of compliance in the form 
specified.
    (b) Scope. The provisions of this subpart apply to all bicycle 
helmets that are subject to the requirements of the Safety Standard for 
Bicycle Helmets.

Sec. 1203.31  Effective date.

    Any bicycle helmet manufactured more than 1 year after publication 
of a final rule must meet the standard and must be certified as 
complying with the standard in accordance with this Subpart B.

Sec. 1203.32  Definitions.

    The following definitions shall apply to this subpart:
    (a) Foreign manufacturer means an entity that manufactured a 
bicycle helmet outside the United States.
    (b) Manufacturer means the entity that either manufactured a helmet 
in the United States or imported a helmet manufactured outside the 
United States.
    (c) Private labeler means an owner of a brand or trademark that is 
used on a bicycle helmet subject to the standard and which is not the 
brand or trademark of the manufacturer of the bicycle helmet, provided 
the owner of the brand or trademark caused, authorized, or approved its 
use.
    (d) Production lot means a quantity of bicycle helmets from which 
certain bicycle helmets are selected for testing prior to certifying 
the lot. All bicycle helmets in a lot must be essentially identical in 
those design, construction, and material features that relate to the 
ability of a bicycle helmet to comply with the standard.
    (e) Reasonable testing program means any tests which are identical 
or equivalent to, or more stringent than, the tests defined in the 
standard and which are performed on one or more bicycle helmets 
selected from the production lot to determine whether there is 
reasonable assurance that all of the bicycle helmets in that lot comply 
with the requirements of the standard.

Sec. 1203.33  Certification testing.

    (a) General. Manufacturers, as defined in Sec. 1203.32(a), shall 
conduct a reasonable testing program to demonstrate that their bicycle 
helmets comply with the requirements of the standard.
    (b) Reasonable testing program. This paragraph provides guidance 
for establishing a reasonable testing program.
    (1) Manufacturers and importers may define their own reasonable 
testing programs. Reasonable testing programs may, at the option of 
manufacturers and importers, be conducted by an independent third party 
qualified to perform such testing programs. However, manufacturers, as 
defined in Sec. 1203.32(a), are responsible for insuring compliance 
with all requirements of this standard.
    (2) To conduct a reasonable testing program, the bicycle helmets 
shall be divided into production lots. Sample bicycle helmets from each 
production lot shall be tested in accordance with the reasonable 
testing program. Whenever there is a change in parts, suppliers of 
parts, or production methods that could affect the ability of the 
bicycle helmet to comply with the requirements of the standard, the 
manufacturer shall establish a new production lot for testing.
    (3) The Commission will test for compliance with the standard by 
using the standard's test procedures. However, a reasonable testing 
program need not be identical to the tests prescribed in the standard.
    (4) If the reasonable testing program shows that a bicycle helmet 
may not comply with one or more requirements of the standard, no 
bicycle helmet in the production lot can be certified as complying 
until all noncomplying bicycle helmets in the lot have been identified 
and destroyed or altered by repair, redesign, or use of a different 
material or components to the extent necessary to make them conform to 
the standard.
    (5) The sale or offering for sale of a bicycle helmet that does not 
comply with the standard is a prohibited act and a violation of 
Sec. 19(a) of the CPSA (15 U.S.C. 2068(a)), regardless of whether the 
bicycle helmet has been validly certified.

Sec. 1203.34  Product certification and labeling by manufacturers 
(including importers).

    (a) Form of permanent label of certification. Manufacturers, as 
defined in Sec. 1203.32(a), shall issue certificates of compliance for 
bicycle helmets manufactured after the effective date of the standard 
in the form of a legible and readily visible label which can reasonably 
be expected to remain on the bicycle helmet and legible for the 
intended design life of the helmet. Such labeling shall be deemed to be 
a certificate of compliance, as that term is used in Sec. 14 of the 
CPSA, 15 U.S.C. 2063.
    (b) Contents of certification label. The certification labels 
required by this section shall contain the following:
    (1) The statement ``Complies with CPSC Safety Standard for Bicycle 
Helmets for Adults and Children Age 5 and Older (16 CFR 1203)'' or 
``Complies with CPSC Safety Standard for Bicycle Helmets for Children 
Under 5 Years (16 CFR 1203)'', as appropriate (for a helmet that meets 
the criteria for both an adult helmet and a helmet for children under 
age 5, the label may state ``Complies with the CPSC Safety Standard for 
Bicycle Helmets for Persons of All Ages'', or equivalent language);
    (2) The name of the U.S. manufacturer or importer responsible for 
issuing the certificate;
    (3) The address of the U.S. manufacturer or importer responsible 
for issuing the certificate or, if the name of a private labeler is on 
the label, the address of the private labeler;
    (4) The name and address of the foreign manufacturer, if the helmet 
was manufactured outside the United States;
    (5) An identification of the production lot; and
    (6) The month and year the product was manufactured.
    (c) Coding. (1) The information required by paragraphs (b) (4) 
through (6) of this section may be in code, provided:
    (i) the person or firm issuing the certificate maintains a written 
record of the meaning of each symbol used in the code, and
    (ii) the record shall be made available to the distributor, 
retailer, consumer, and Commission upon request.
    (2) A serial number may be used in place of a production lot 
identification on the helmet if it can serve as a code to identify the 
production lot. If a bicycle helmet is manufactured for sale by a 
private labeler, and if the name of the private labeler is on the 
certification label, the name of the manufacturer or importer issuing 
the certificate, and the name and address of any foreign 

[[Page 62679]]
manufacturer, may also be in such a code.
    (d) Placement of the label(s). The information required by 
paragraphs (b) (2) through (3) must be on one label, unless allowed to 
be in code. The other required information may be on separate labels. 
The label(s) required by this section must be affixed to the bicycle 
helmet. If the label(s) are not immediately visible to the ultimate 
purchaser of the bicycle helmet prior to purchase because of packaging 
or other marketing practices, a second label is required. That label 
shall state, as appropriate, ``Complies with CPSC Safety Standard for 
Bicycle Helmets for Adults and Children Age 5 and Older'', or 
``Complies with CPSC Safety Standard for Bicycle Helmets for Children 
Under 5 Years''. The additional label must appear on the container or, 
if the container is not visible before purchase, on the promotional 
material used with the sale of the bicycle helmet. (For a helmet that 
meets the criteria for both an adult helmet and a helmet for children 
under age 5, the label may state ``Complies with the CPSC Safety 
Standard for Bicycle Helmets for Persons of All Ages'', or equivalent 
language.)
    (e) Additional provisions for importers.
    (1) General. The importer of any bicycle helmet subject to the 
standard in Subpart A of this Part 1203 must issue the certificate of 
compliance required by Sec. 14(a) of the CPSA and this section.
    (i) If a reasonable testing program meeting the requirements of 
this subpart has been performed by or for the foreign manufacturer of 
the product, the importer may rely in good faith on such tests to 
support the certificate of compliance provided:
    (A) the importer is a resident of the United States or has a 
resident agent in the United States,
    (B) the records of such tests required by Sec. 1203.41 of Subpart C 
of this part are maintained in the United States, and
    (C) such records are available to the Commission upon request to 
the importer.
    (ii) Test records may be maintained outside of the United States if 
they will be provided to the Commission within 48 hours of a request 
for the records.
    (2) Responsibility of importer. If the importer relies on tests by 
the foreign manufacturer to support the certificate of compliance, the 
importer shall--in addition to complying with paragraph (e(1)of this 
section--examine the records supplied by the manufacturer to determine 
that they comply with Sec. 1203.41 of Subpart C of this part.

Subpart C--Recordkeeping

Sec. 1203.40  Effective date.

    The recordkeeping requirements in this subpart are effective [1 
year after publication of the final rule] and apply to bicycle helmets 
manufactured after that date.

Sec. 1203.41  Recordkeeping requirements.

    (a) General. Every person issuing certificates of compliance for 
bicycle helmets subject to the standard in Subpart A of this part shall 
maintain records which show that the certificates are based on a 
reasonable testing program. The records shall be maintained for a 
period of at least 3 years from the date of certification of the last 
bicycle helmet in each production lot. These records shall be 
available, upon request, to any designated officer or employee of the 
Commission, in accordance with Sec. 16(b) of the CPSA, 15 U.S.C. 
2065(b).
    (b) Contents of records. Complete test records shall be maintained. 
Records shall contain the following information.
    (1) An identification of the bicycle helmets tested;
    (2) An identification of the production lot;
    (3) The results of the tests, including the precise nature of any 
failures;
    (4) A description of the specific actions taken to address any 
failures;
    (5) A detailed description of the tests;
    (6) The manufacturer's name and address;
    (7) The model and size of each helmet tested;
    (8) Identifying information for each helmet tested, including the 
production lot for each helmet, and the environmental condition under 
which each helmet was tested;
    (9) The temperatures in each conditioning environment, and the 
relative humidity and temperature of the laboratory;
    (10) The peripheral vision clearance;
    (11) A description of any failures to conform to any of the 
labeling and instruction requirements;
    (12) Performance impact results, stating the location of impact, 
type of anvil used, velocity prior to impact, and maximum acceleration 
measured in g's;
    (13) The results of the positional stability test;
    (14) The results of the dynamic strength of retention system test;
    (15) The name and location of the test laboratory;
    (16) The name of the person(s) who performed the test;
    (17) The date of the test; and
    (18) The system check results.
    (c) Format for records. The records required to be maintained by 
this section may be in any appropriate form or format that clearly 
provides the required information. Certification test results may be 
kept on paper, microfiche, computer disk, or other retrievable media. 
Where records are kept on computer disk or other retrievable media, the 
records shall be made available to the Commission on paper copies, or 
via electronic mail in the same format as paper copies, upon request.

Subpart D--Bicycle Helmets Manufactured From March 16, 1995, 
Through Date That Is 1 Year After the Final Rule Is Issued

Sec. 1203.51  Purpose and basis.

    The purpose and basis of this rule is to protect bicyclists from 
head injuries by ensuring that bicycle helmets comply with the 
requirements of appropriate existing voluntary standards, as provided 
in 15 U.S.C. 6004(a).

Sec. 1203.52  Scope and effective date.

    (a) Bicycle helmets manufactured after March 16, 1995, through the 
date that is 1 year after issuance of the final standard (Subparts A, 
B, and C) shall comply with the requirements of one of the standards 
specified in Sec. 1203.53. This requirement shall be considered a 
consumer product safety standard issued under the Consumer Product 
Safety Act.
    (b) The term ``bicycle helmet'' is defined at Sec. 1203.4(b).
    (c) These interim mandatory safety standards will not apply to 
bicycle helmets manufactured after the effective date of the final 
bicycle helmet standard.

Sec. 1203.53  Interim safety standards.

    (a) Bicycle helmets must comply with one or more of the following 
standards, which are incorporated herein by reference:
    (1) American National Standards Institute (ANSI) standard Z90.4-
1984, Protective Headgear for Bicyclists,
    (2) ASTM standards F 1447-93 or F 1447-94, Standard Specification 
for Protective Headgear Used in Bicycling, incorporating the relevant 
provisions of ASTM F 1446-93 or ASTM F 1446-94, Standard Test Methods 
for Equipment and Procedures Used in Evaluating the Performance 
Characteristics of Protective Headgear, respectively,
    (3) Canadian Standard Association standard, Cycling Helmets--CAN/
CSA-D113.2-M89,
    (4) Snell Memorial Foundation (Snell) 1990 Standard for Protective 
Headgear for Use in Bicycling (designation B-90),
    (5) Snell 1990 Standard for Protective Headgear for Use in 
Bicycling, including 

[[Page 62680]]
March 9, 1994 Supplement (designation B-90S),
    (6) Snell 1994 Standard for Protective Headgear for Use in Non-
Motorized Sports (designation N-94), or
    (7) Snell 1995 standard for Protective Headgear for Use with 
Bicycles B-95.
    (b) This incorporation by reference was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 
51. Copies of the standards may be obtained as follows. Copies of the 
ANSI Z90.4 standard are available from: American National Standards 
Institute, 11 W. 42nd Street, 13th Floor, New York, NY 10036. Copies of 
the ASTM standards are available from: ASTM, 1916 Race Street, 
Philadelphia, PA 19103. Copies of the Canadian Standards Association 
CAN/CSA-D113.2-M89 standard are available from: CSA, 178 Rexdale 
Boulevard, Rexdale (Toronto), Ontario, Canada, M9W 1R3. Copies of the 
Snell standards are available from: Snell Memorial Foundation, Inc., 
P.O. Box 493, 7 Flowerfield, Suite 28, St. James, New York 11780. 
Copies may be inspected at the Office of the Secretary, Consumer 
Product Safety Commission, 4330 East-West Highway, Bethesda, Maryland 
20814, or at the Office of the Federal Register, 800 N. Capitol Street 
NW, Room 700, Washington, DC.

Figures to Part 1203

BILLING CODE 6355-01-U

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[[Page 62692]]

    Dated: November 13, 1995.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 95-28761 Filed 12-5-95; 8:45am]
BILLING CODE 6355-01-C

Complete official Federal Register PDF

FR Doc. 95-28555 Rules and Regulations Under the Textile Fiber Products Identification Act
[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Pages 62352-62354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28555]

=======================================================================
-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION

16 CFR Part 303

Rules and Regulations Under the Textile Fiber Products 
Identification Act

AGENCY: Federal Trade Commission.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: On January 27, 1992, Courtaulds Fibers, Inc. (``Courtaulds'') 
applied to the Federal Trade Commission (``the Commission'') requesting 
establishment of a new generic name and definition for a fiber it 
manufactures. It recommended ``lyocell'' be adopted as the new generic 
name for this fiber. The application was filed pursuant to Rule 8 (16 
CFR 303.8) of the Rules and Regulations Under the Textile Fiber 
Products Identification Act, 15 U.S.C. 70 et seq., and Subpart C of 
Part 1 of the Commission's Rules of Practice, 16 CFR 1.26. In the 
application Courtaulds stated that its cellulosic fiber differs in kind 
and chemical structure from any of the existing fiber definitions of 
Rule 7 (16 CFR 303.7).
    Commission staff, with the assistance of an expert on textiles, 
after review of Courtauld's application, determined that various tests 
were necessary in order to evaluate whether lyocell was, in fact, a new 
generic fiber. Courtaulds performed these tests using the procedures 
and under the conditions outlined by the textile expert. In March 1995, 
Courtaulds submitted the results of these tests, as well as other 
materials relating to its application.
    Although the Commission has determined that the proposed new fiber 
falls within the existing Rule 7(d) (16 

[[Page 62353]]
CFR 303.7(d)) definition of ``rayon,'' the Commission believes it is in 
the public interest to amend the Rule to recognize the fiber's unique 
characteristics.
    Rule 7(d) currently defines ``rayon'' as: a manufactured fiber 
composed of regenerated cellulose, as well as manufactured fibers 
composed of regenerated cellulose in which substituents have replaced 
not more than 15% of the hydrogens of the hydroxyl groups.
    Based on its review of the Courtaulds application and related 
materials, the Commission proposed to retain the current Rule 7(d) 
definition and to add the following sentence: Where the fiber is 
composed of cellulose precipitated from an organic solution in which no 
substitution of the hydroxyl groups takes place and no chemical 
intermediates are formed, the term lyocell may be used as a generic 
description of the fiber.
    The Commission now solicits comments as to whether Rule 7(d) should 
be amended and, if so, the form of such an amendment.

DATE: Written comments will be accepted until February 5, 1996.

ADDRESS: Comments and other submissions should be directed to: 
Secretary, Federal Trade Commission, Room H-159, Sixth and Pennsylvania 
Avenue NW., Washington, DC 20580. Submissions should be identified as 
``Rule 7(d) Under the Textile Act--Comment.''

FOR FURTHER INFORMATION CONTACT:
Bret S. Smart, Program Advisor, Los Angeles Regional Office, Federal 
Trade Commission, 11000 Wilshire Boulevard, #13209, Los Angeles, CA 
90024, (310) 235-7890.

SUPPLEMENTARY INFORMATION:

Section A. Background

    Rule 6 (16 CFR Sec. 303.6) of the Rules and Regulations Under the 
Textile Act requires covered persons to use the generic names of the 
fibers contained in covered textile fiber products when making required 
disclosures of the fiber content of the products. Rule 7 (16 CFR 303.7) 
sets forth the generic names and definitions that the Commission has 
established for manufactured fibers. These generic manufactured fibers 
have been found by the Commission to be individually unique and 
distinctive by virtue of their chemical composition and physical 
properties. Rule 8 (16 CFR 303.8) sets the procedures for establishing 
new generic names. Upon receipt of an application for a new generic 
name, the Commission must, within 60 days, either deny the application 
or assign to the fiber a numerical or alphabetical symbol for temporary 
use during further consideration of the application.
    Courtaulds submitted its application requesting establishment of 
``lyocell'' as a new generic fiber name on January 27, 1992. After an 
initial analysis the Commission granted Courtaulds the designation 
``CF0001'' for temporary use in identifying the fiber until the final 
determination is made as to the disposition of the application. 
Commission staff, with the assistance of an expert on textiles, 
determined that various tests were necessary in order to evaluate 
whether lyocell was, in fact, a new generic fiber. Courtaulds performed 
these tests using the procedures and under the conditions outlined by 
the textile expert. In March 1995, Courtaulds submitted the results of 
these tests, as well as other materials relating to its application. 
The application and related materials have been placed on the 
rulemaking record.
    The effect of the proposed amendment would be to allow use of the 
name ``lyocell'' as an alternative to the generic name ``rayon'' for 
the subcategory of rayon fibers meeting the further criteria contained 
in the sentence added by the proposed amendment. Within the established 
21 generic names for manufactured fibers, there are presently two cases 
where such generic name alternatives may be used. Specifically, 
pursuant to Rule 7(e) (16 CFR 303.7(e)), within the generic category 
``acetate,'' the term ``tricacetate'' may be used as an alternative 
generic description for a specifically defined subcategory of acetate 
fiber. And pursuant to Rule 7(j) (16 CFR 303.7(j)), within the generic 
category ``rubber,'' the term ``lastrile'' may be used as an 
alternative generic description for a specifically defined subcategory 
of rubber fiber.
    The Commission takes this opportunity to clarify its policy 
concerning the criteria by which it will decide the disposition of 
petitions filed under Rule 8 of the Textile Act Rules, 16 CFR 303.8 
(1995). In 1973, at the conclusion of the rulemaking that led to 
creation of the new generic name ``aramid,'' the Commission declared 
the following policy for adopting generic fiber names:

    [T]he Commission, in the interest of elucidating the grounds on 
which it has based this decision and shall base future decisions as 
to the grant of generic names for textile fibers, sets out the 
following criteria for grant of such generic names.
    1. The fiber for which a generic name is requested must have a 
chemical composition radically different from other fibers, and that 
distinctive chemical composition must result in distinctive physical 
properties of significance to the general public.
    2. The fiber must be in active commercial use or such use must 
be immediately foreseen.
    3. The grant of the generic name must be of importance to the 
consuming public at large, rather than to a small group of 
knowledgeable professionals such as purchasing officers for large 
Government agencies.
    The Commission believes it is in the public interest to prevent 
the proliferation of generic names, and will adhere to a stringent 
application of the above-mentioned criteria in consideration of any 
future applications for generic names and in a systematic review of 
any generic names previously granted which no longer meet these 
criteria.

    As exemplified by today's action and reflected in this notice, the 
Commission generally reaffirms its 1973 criteria. In addition, it notes 
that where appropriate, in considering applications for new generic 
names for fibers that are of the same general chemical composition as 
those for which a generic name already has been established, rather 
than of a chemical composition that is radically different, but that 
have distinctive properties of importance to the general public as a 
result of a new method of manufacture or their substantially 
differentiated physical characteristics, such as their fiber structure, 
it may allow such fiber to be designated in required information 
disclosures by either its generic name, or alternatively, by its 
``subclass'' name. The Commission will consider this disposition when 
the distinctive feature or features of the subclass fiber make it 
suitable for uses for which other fibers under the established generic 
name would not be suited or would be significantly less well suited.
    The Commission believes that Courtaulds' current application 
describes a subclass of generic rayon fibers with significant 
distinctions to consumers resulting from physical characteristics of 
the fiber and its new mode of manufacture that meet the above standard 
for allowing designation by the subclass name ``lyocell.'' Courtaulds' 
application and other documents and materials related to the petition 
describe the lyocell fiber, its manufacture and possible uses as 
follows:
    Lyocell fiber results from the dissolution of cellulose into an 
aqueous solution of N-methyl morpholine oxide and the precipitation of 
the fiber out of solution. This process is unique among methods used to 
manufacture other existing rayons. As a result, the molecular structure 
of lyocell fiber is radically different from that of other rayons in 
that it has a substantially 

[[Page 62354]]
higher degree of polymerization and greater crystallinity. These 
differences induce high wet and dry tenacity as well as high initial 
wet modulus in lyocell fiber. Consequently, garments made from the 
fiber are highly resistant to shrinkage and wrinkling and therefore do 
not require drycleaning, unlike other rayons. In addition to its use in 
apparel, Courtaulds maintains that lyocell may be used to produce 
biodegradable paper and hydro-entangled nonwoven products since, unlike 
other rayons, it fibrillates upon beating.

Section B. Invitation to Comment

    In today's notice, the Commission is soliciting comments on all 
aspects of the appropriateness of the proposed amendment to Rule 7(d). 
Before adopting this proposed amendment, the Commission will give 
consideration to any written comments and materials submitted to the 
Secretary of the Commission within the time period stated above. 
Submissions will be available for public inspection in accordance with 
the Freedom of Information Act, 5 U.S.C. 552, and Commission 
Regulations on normal business days between the hours of 8:30 a.m. and 
5 p.m. at the Public Reference Room, Room 130, Federal Trade 
Commission, 6th & Pennsylvania Avenue NW., Washington, DC 20580.

Section C. Regulatory Flexibility Act

    The provisions of the Regulatory Flexibility Act relating to an 
initial and final regulatory analysis, 5 U.S.C. 603-604, are not 
applicable to this document because it is believed the amendment, if 
promulgated, will not have a significant economic impact on a 
substantial number of small entities. In considering the economic 
impact of the proposed amendment on manufacturers and retailers, the 
Commission notes that the amendment will impose no obligations, 
penalties, or costs. The amendment would simply allow covered companies 
to use the term ``lyocell'' as an alternative generic description for 
``rayon'' for a well-defined subcategory of rayon fibers. The amendment 
would impose no additional labeling requirements nor would it mandate 
any changes in labeling.
    To ensure, however, that no substantial economic impact is being 
overlooked, public comment is requested on the effect of the proposed 
amendment on costs, profit, competitiveness, and employment in small 
entities. Subsequent to the receipt of public comments, the Commission 
will decide whether the preparation of a final regulatory flexibility 
analysis is warranted. Accordingly, based on available information, the 
Commission hereby certifies, pursuant to the Regulatory Flexibility 
Act, 5 U.S.C. Sec. 605(b), that the proposed amendment will not have a 
significant economic impact on a substantial number of small entities. 
This notice serves as certification to that effect for the purposes of 
the Small Business Administration.

Section D. Paperwork Reduction Act

    This proposed amendment does not constitute a ``collection of 
information'' under the Paperwork Reduction Act of 1995, P.L. 104-13, 
109 Stat. 163, and the implementing regulation, 5 CFR Part 1320 et seq.
    The generic name petition request has already been submitted to the 
OMB and has been assigned a control number, 3084-0047.

List of Subjects in 16 CFR Part 303

    Labeling, Textiles, Trade practices.

    Authority: Sec. 7(c) of the Textile Fiber Products 
Identification Act, 15 U.S.C. 7(c); Sec. 553 of the Administrative 
Procedure Act, 5 U.S.C. 553.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-28555 Filed 12-5-95; 8:45 am]
BILLING CODE 6750-01-M

Complete official Federal Register PDF

FR Doc. 95-28213 National Pollutant Discharge Elimination System Permit Application Requirements for Publicly Owned Treatment Works and Other Treatment Works Treating Domestic Sewage
[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Pages 62546-62659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28213]

[[Page 62545]]

_______________________________________________________________________

Part II

Environmental Protection Agency

_______________________________________________________________________

40 CFR Part 122, et al.

National Pollutant Discharge Elimination System Permit Application 
Requirements for Publicly Owned Treatment Works and Other Treatment 
Works Treating Domestic Sewage; Proposed Rule

Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / 
Proposed Rules 

[[Page 62546]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 122, 123, 403, and 501

[FRL-5328-9]

National Pollutant Discharge Elimination System Permit 
Application Requirements for Publicly Owned Treatment Works and Other 
Treatment Works Treating Domestic Sewage

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) today proposes to 
amend permit application requirements and application forms for 
publicly owned treatment works (POTWs) and other treatment works 
treating domestic sewage (TWTDS). TWTDS include facilities that 
generate sewage sludge, provide commercial treatment of sewage sludge, 
manufacture a product derived from sewage sludge, or provide disposal 
of sewage sludge. Today's notice solicits public comments on the 
proposed regulations, proposed forms and instructions.
    The proposed regulations and Form 2A would replace existing 
Standard Form A and Short Form A to account for changes in the NPDES 
program since the forms were issued in 1973. This proposal would 
consolidate POTW application requirements, including information 
regarding toxics monitoring, whole effluent toxicity (WET) testing, 
pretreatment facility and hazardous waste contributions, and combined 
sewer overflows (CSOs). The most significant proposed revisions would 
require toxic and WET monitoring by major and pretreatment POTWs and 
monitoring of 17 parameters by minor POTWs. EPA believes this 
information is needed in order for permitting authorities to issue 
permits that will adequately protect the Nation's water resources.
    The proposed regulations and Form 2S would replace the existing 
Interim Sewage Sludge form. The most significant proposed revision 
would require POTWs and other TWTDS to analyze sludge and provide data 
for ten metals, nitrogen, and phosphorus. Class I sludge management 
facilities (pretreatment POTWs) would also have to analyze for most of 
the priority pollutants. The Interim Form only requires the use of 
existing data. EPA believes the additional information is needed in 
order for permitting authorities to issue permits that meet the 
requirements of the sewage sludge use or disposal regulations.
    The costs associated with the new requirements are not significant 
since many permitting authorities require essentially the same 
information already through a variety of reporting mechanisms. The 
proposed rule allows waivers where information is already available to 
the permitting authority. The new forms would make it easier for permit 
applicants to provide the necessary information with their applications 
and would minimize the need for additional follow-up information 
requests from permitting authorities. The proposal is estimated to 
reduce the current annual reporting and record keeping burden by about 
9,000 hours, or ten percent. EPA is interested in identifying 
additional ways to further reduce the burden associated with the 
applications and is seeking comment on the use of electronic data 
transmission and other streamlining opportunities.

DATES: In order to be considered, comments must be received on or 
before March 5, 1996.

ADDRESSES: Comments should be addressed to Municipal and Sludge 
Application Rule Comment Clerk, Water Docket MC-4101; United States 
Environmental Protection Agency, 401 M Street SW., Washington, DC, 
20460. Commenters are also requested to submit an original and 3 copies 
of their written comments as well as an original and 3 copies of any 
attachments, enclosures, or other documents referenced in the comments. 
Commenters who want receipt of their comments acknowledged should 
include a self-addressed, stamped envelope. All comments must be 
postmarked or delivered by hand by March 5, 1996. No facsimiles (faxes) 
will be accepted.
    EPA will also accept comments electronically. Comments should be 
addressed to the following Internet address: [email protected]. 
Electronic comments must be submitted as an ASCII file avoiding the use 
of special characters and any form of encryption. Electronic comments 
will be transferred into a paper version for the official record. EPA 
will attempt to clarify electronic comments if there is an apparent 
error in transmission. Comments provided electronically will be 
considered timely if they are submitted electronically by 11:59 p.m. 
(Eastern time) March 5, 1996. EPA is experimenting with electronic 
commenting, therefore commenters may want to submit both electronic 
comments and duplicate paper comments. This document has also been 
placed on the Internet for public review and downloading at the 
following location: gopher.epa.gov.

FOR FURTHER INFORMATION CONTACT: For information on Form 2A and 
municipal wastewater permitting issues in this notice, contact George 
Utting, (202) 260-9530, Permits Division (4203), United States 
Environmental Protection Agency, 401 M Street S.W., Washington, D.C., 
20460.
    For information on Form 2S and sewage sludge permitting issues in 
this notice, contact Wendy Bell, (202) 260-9534, Permits Division 
(4203), United States Environmental Protection Agency, 401 M Street 
S.W., Washington, D.C., 20460.

SUPPLEMENTARY INFORMATION:

I. Background
    A. Purpose of Today's Proposal
    B. History of the NPDES Permit Program
    1. National Pollutant Discharge Elimination System
    a. Federal Water Pollution Control Act Amendments of 1972
    b. Changes Leading to the Clean Water Act of 1977
    c. Permit Consolidation and Deconsolidation
    d. The Water Quality Act of 1987 and Water Quality-Based 
Permitting
    2. Background of the Pretreatment Program
    3. Program to Control Combined Sewer Overflows
    C. Sewage Sludge Program Background
    1. Statutory Requirements for Sewage Sludge
    2. Sewage Sludge Permit Program Regulations
    3. Part 503 Technical Standards
    4. Implementation of Part 503 Technical Standards
    5. Interim Sewage Sludge Application Form
    D. NPDES Watershed Strategy
    E. Permit Writer's Information Needs Related to Endangered 
Species and Historic Properties
    F. Permit as a Shield
    G. Pollutant Data from POTWs
    H. Public Consultation in the Development of Today's Proposal
II. Approach Taken in Today's Notice
    A. Scope of Today's Rulemaking
    B. The Agency Proposes to Revise the Definition of POTW and 
Existing Permit Application Requirements for POTWs
    C. EPA Proposes Form 2A for POTWs to Replace Standard Form A and 
Short Form A
    D. Applicability of Form 2A to Privately Owned and Federally 
Owned Treatment Works
    E. EPA Proposes Revised Application Requirements and Form 2S for 
Sewage Sludge Permits
    F. Reasons for Separate Form 2A and Form 2S
    G. EPA Solicits Comment on the Use of Electronic Application 
Forms
III. Description of Proposed Requirements
    A. EPA Proposes to Revise Requirements in Sec. 122.21(c), (d), 
and (f) Concerning the Use of Forms 1, 2A, and 2S 

[[Page 62547]]

    1. Requirement to Submit Form 2A
    2. Requirement to Submit Form 2S
    B. Application Requirements for POTWs (40 CFR 122.21(j))
    1. Basic Application Information
    2. Information on Effluent Discharges
    3. Effluent Monitoring for Specific Parameters
    a. Pollutant Data Requirements for all POTWs
    b. Reporting of Additional Pollutants for Some POTWs
    4. Effluent Monitoring for Whole Effluent Toxicity
    5. Industrial Discharges, Pretreatment, and RCRA/CERCLA Waste
    6. Discharges from Hazardous Waste Sources
    7. Combined Sewer Overflows
    8. Contractors
    9. Certification
    C. Application Requirements for TWTDS (40 CFR 122.21(q))
    1. Facility Information
    2. Applicant Information
    3. Permit Information
    4. Federal Indian Reservations
    5. Topographic Map
    6. Sewage Sludge Handling
    7. Sewage Sludge Quality
    a. Class I Sludge Management Facilities
    b. All TWTDS
    8. Requirements for a Person Who Prepares Sewage Sludge
    9. Land Application of Bulk Sewage Sludge
    10. Surface Disposal
    11. Incineration
    12. Disposal in a Municipal Solid Waste Landfill
    13. Contractors
    14. Other Information
    15. Signature
IV. Paperwork Reduction Act
V. Executive Order 12866
VI. Executive Order 12875
VII. Unfunded Mandates Reform Act of 1995 and Consultation with 
State, Local, and Tribal Governments
VIII. Regulatory Flexibility Act

I. Background

A. Purpose of Today's Proposal

    Today's notice proposes to amend NPDES permit application 
regulations for publicly owned treatment works (POTWs) and other 
treatment works treating domestic sewage (TWTDS). Proposed Form 2A 
would apply to POTWs and replace Standard Form A and Short Form A, 
which were developed in 1973. Proposed Form 2S would be used to report 
sewage sludge information consistent with applicable permit program 
regulations and technical standards for sewage sludge use or disposal. 
Proposed Form 2S would be used by POTWs and other TWTDS.
    EPA proposes these application regulations and forms for several 
reasons. First, this rulemaking addresses changes to the NPDES program 
since 1973. The NPDES program applicable to POTWs has changed 
significantly since that time, specifically in the areas of toxics 
control, water quality-based permitting and pretreatment programs. 
Second, the proposal would consolidate application requirements from 
existing regulations into a ``modular'' permit application form, 
thereby streamlining and clarifying the process for permit applicants. 
Third, these revisions will provide permit writers with the information 
necessary to develop appropriate NPDES permits consistent with 
requirements of the Clean Water Act and thus also help to ensure for 
permittees the effectiveness of the permit as a shield for purposes of 
compliance with the CWA. Fourth, the Agency seeks to reduce redundant 
reporting by allowing waivers where information is already available to 
the permitting authority and, further, to provide a platform for 
electronic data transmission.
    The proposed revisions would result in a net reduction in overall 
reporting burden hours nationwide. The burden reduction for the 
combined municipal and sludge proposed application requirements is 
calculated to be nearly 9,000 hours annually, from a total existing 
annual burden of 80,000 hours. This is due in part to the reduced 
number of WET tests calculated to be performed by POTWs. It is also due 
to the reduced number of major respondents that would be required to 
comply with the proposed regulations as compared to the number of major 
respondents estimated to complete the existing municipal application 
forms (i.e., different criteria apply). Finally, the respondent burden 
for CWA sec. 308 application requests also would be expected to 
decrease, because much of the information currently obtained through 
routine and medium sec. 308 requests is reflected in the proposed rule.
    This burden reduction accounts for nearly 9,000 of the 287,000 
hours projected to be saved, for an overall reduction of twenty-five 
percent for the NPDES program. The total savings will be achieved 
through revisions to this form, revisions to stormwater application 
forms, revisions to the industrial application form 2C, and reductions 
in discharge monitoring reports (DMRs). It is anticipated, however, 
that most of the NPDES burden reduction will involve reduced burden for 
DMRs, which currently account for greater than eighteen million annual 
burden hours.
    At the same time, this proposed rule would result in increased net 
costs to municipal and sludge applicants of more than four million 
dollars per year on a nationwide basis. It is calculated that this 
proposal would apply to more than 7,000 permit applications per year, 
with a total universe per year of more than three thousand applicants 
each for municipal and sludge permitting. Costs vary considerably from 
application to application. Thus, the average five-year cost per 
application would range from an average of about $450 (less than $100 
per year) for small municipalities to an average of about $4,000 (less 
than $1,000 per year) for larger municipalities. Most of the costs 
associated with this proposal would be due to proposed pollutant data 
requirements for municipal permittees.
    The Agency believes that the proposed increased costs are 
appropriate because certain data may be necessary to the permit writer 
in order to allow the issuance of permits that provide a ``shield'' to 
permittees (see discussion, ``Permit as a Shield,'' at I.F.), and to 
ensure compliance with Clean Water Act requirements, especially water 
quality standards.

B. History of the NPDES Permit Program

1. National Pollutant Discharge Elimination System
a. Federal Water Pollution Control Act Amendments of 1972
    The Clean Water Act (CWA) was enacted in 1972 (Federal Water 
Pollution Control Act Amendments of 1972) to restore and maintain the 
chemical, physical, and biological integrity of the Nation's waters. 
CWA sec. 101(a), 33 U.S.C. 1251(a). The immediate predecessor to the 
CWA was the Water Quality Act of 1965 (Pub. L. 89-234). The 1965 Act 
directed each State to develop water quality standards for all 
interstate navigable waters. States had difficulty developing these 
standards, however, and by 1971 barely half the States had developed 
complete programs. States that did develop standards had difficulty 
implementing them because the 1965 Act lacked a workable mechanism for 
translating State water quality standards into limits enforceable 
against individual dischargers.
    In response to this dilemma, Congress passed the CWA. Section 402 
directed EPA to assume a substantial role in directing and defining the 
nation's water pollution control programs. The Act established the 
National Pollutant Discharge Elimination System (NPDES) permit program 
to be administered by EPA and the States with EPA approval. The NPDES 
program prohibits the discharge of any pollutant into waters of the 
United States except when 

[[Page 62548]]
authorized by a permit (sec. 301(a) and 402).
    Section 301 significantly changed the methods used to set and 
enforce standards to abate and control water pollution. First, it 
introduced the concept of minimum technology-based discharge 
requirements. Initially, sec. 301(b)(1)(B) required POTWs to achieve 
effluent limitations based on secondary treatment. The ``degree of 
effluent reduction achievable through application of secondary 
treatment'' was to be defined by the Administrator, pursuant to sec. 
304(d)(1). Later, POTWs were to achieve a more stringent level of 
technology-based discharge limits based on best practicable waste 
treatment technology (BPWTT) under sec. 301(b)(2)(B). That section was 
repealed in 1981. Finally, POTWs were required to comply with any more 
stringent limitations necessary to implement any applicable State water 
quality standards. Water quality-based discharge limitations were 
imposed by sec. 301(b)(1)(C).
    To achieve the effluent reductions called for in sec. 301, sec. 402 
provides for the NPDES permit program to implement and enforce these 
controls. NPDES permits may be issued on the condition that authorized 
discharges meet the applicable requirements of the CWA, including: 
technology-based limitations; water quality-based limitations; new 
source performance standards; toxic and pretreatment effluent 
standards; inspection and monitoring provisions; and ocean discharge 
criteria. EPA was authorized to issue regulations to implement these 
provisions throughout the CWA. NPDES permit requirements are based 
either on regulations promulgated under these sections or, in the 
absence of regulations, on the permit writer's best professional 
judgment (BPJ), when necessary to carry out the provisions of the CWA. 
CWA sec. 402(a)(1), 33 U.S.C. 1342(a)(1). The CWA also authorized 
States to assume responsibility for issuing NPDES permits, provided 
that State programs meet the requirements of sec. 402(b) and 
regulations published under sec. 304(i)(2) (previously, sec. 
304(h)(2)). EPA promulgated the original regulations outlining the 
NPDES program on December 22, 1972 (37 FR 28390) and May 22, 1973 (38 
FR 13528).
    The CWA required the Administrator to promulgate guidelines for 
``establishing uniform application forms and other minimum requirements 
for the acquisition of information'' from point sources, within 60 days 
after its enactment. CWA sec. 304(i)(1) (previously, sec. 304(h)(1)). 
EPA promulgated short forms to enable dischargers to meet deadlines 
imposed by the CWA, on February 27, 1973 (38 FR 5279). These included 
Short Form A, which was to be completed by all POTWs. EPA promulgated 
standard forms to gather additional information from certain 
dischargers, on July 24, 1973 (38 FR 19894). This rule included 
Standard Form A, for POTWs meeting certain criteria relating to size, 
population, and industrial contributions. At the time, there were no 
effluent standards for POTWs. Secondary treatment regulations, setting 
limits for biochemical oxygen demand, suspended solids, fecal coliform, 
and pH, were not promulgated until August 17, 1973 (38 FR 22298).
b. Changes leading to the Clean Water Act of 1977
    The first major change in the NPDES program's focus was the shift 
from conventional to toxic pollutants. Though sec. 307(a) required EPA 
to identify and establish effluent standards for toxic pollutants, the 
thrust of the ``first round'' of NPDES permits was to control 
conventional pollutants, rather than to identify and establish 
standards for toxic pollutants. As the NPDES program was implemented, 
several interested parties criticized the Agency's lack of progress in 
establishing sec. 307(a) standards. Among the terms in settlement of 
litigation in 1976, EPA was to establish technology-based standards as 
necessary to address 65 compounds or classes of compounds for certain 
industries. See NRDC v. EPA, 8 E.R.C. 2120 (D.D.C. 1976). This list of 
65 compounds is now contained in 40 CFR 401.15.
    In 1977, amendments to the Clean Water Act refocused Agency 
priorities on the control of toxic pollutants. As a result, the NPDES 
program expanded beyond control of conventional pollutants to control 
of nonconventional pollutants, such as ammonia, chlorine, and nitrogen, 
as well as certain metals and organic chemicals. The list of the 65 
compounds was incorporated into sec. 307 when the CWA was amended in 
1977 (see Committee Print Number 95-32, Hearings before the 
Subcommittee on Investigations and Review of the Committee on Public 
Works and Transportation, U.S. House of Representatives, pages 399-405) 
and subsequently was published on January 31, 1978 (43 FR 4109). The 
compounds on the list were chosen according to various criteria, 
including known occurrence in point source effluents and substantial 
evidence of carcinogenicity in studies of humans or animal systems. 
Because the list included broad categories or classes of chemicals 
(e.g., chlorinated benzenes, DDT and metabolites, haloethers, etc.), 
EPA restructured the list in order to evaluate and control the specific 
pollutants of greatest concern. This produced a list of 129 individual 
high priority toxic pollutants. As information became available 
regarding the toxic effects of chemicals on the list, the Agency 
amended the regulations to establish the current list of 126 ``priority 
pollutants.'' See 40 CFR Part 423, Appendix A. The 1977 amendments also 
amended sec. 402(b)(8)&(9) to require that approved State NPDES 
programs provide for administration of the pretreatment program to 
regulate industrial users of POTWs.
    In 1979, EPA extensively revised the NPDES regulations to implement 
changes in the CWA, to conform to recent court decisions, and to 
clarify and improve existing procedures. The 1979 regulatory revisions 
eliminated duplication of substantive and procedural requirements 
between the existing State and Federal NPDES program regulations. Under 
the final regulations, promulgated on June 7, 1979 (44 FR 32854), the 
basic substantive and procedural requirements applicable to all NPDES 
permits were set out in Parts 122 and 124. Part 123 established State 
NPDES permit program requirements. EPA believed that this new 
regulatory structure would simplify the regulations and avoid 
inconsistencies between State and Federal programs. These regulations 
were challenged judicially and, as discussed below, petitions for 
review were merged with and resolved in litigation challenging the 
consolidated permit regulations and subsequent rulemakings.
c. Permit Consolidation and Deconsolidation
    To simplify permitting programs, EPA published regulations on May 
19, 1980 (45 FR 33290), to consolidate the requirements and procedures 
for five of the permit programs administered by the Agency: the NPDES 
program, the Underground Injection Control (UIC) program under the Safe 
Drinking Water Act (SDWA), State ``dredge or fill'' programs under sec. 
404 of the CWA, the Hazardous Waste Management (HWM) program under the 
Resource Conservation and Recovery Act (RCRA), and the Prevention of 
Significant Deterioration (PSD) program under the Clean Air Act. The 
Agency believed it would be efficient to consolidate environmental 
permitting programs wherever feasible. This effort sought to 

[[Page 62549]]
eliminate gaps and overlaps and ensure consistency among the programs.
    At the same time, EPA revised certain of the permit application 
regulations. The Agency created three new application forms: Form 1, 
Form 2B, and Form 2C. Form 1 requires general information about permit 
applicants and was required to be completed by applicants for each of 
the five types of permits under the consolidated permit rule. Form 2B 
is specific to part of the NPDES program, specifically, permit 
applications for concentrated animal feeding operations and aquatic 
animal production dischargers. Form 2C, also specific to the NPDES 
program, applies to manufacturing, commercial, mining, and 
silvicultural operations. All three forms incorporated EPA's emphasis 
on toxic pollutants and other modifications to the CWA and NPDES 
program regulations.
    Following promulgation of the consolidated permit regulations, 
interested parties complained that the consolidated format made the 
regulations unnecessarily difficult to use. The division of 
responsibilities among various entities at the State and Federal levels 
resulted in additional problems. In practice, consolidated processing 
of multiple permits was rare because the various permit programs 
regulated different activities with different standards and thus 
imposed different types of requirements on permittees. Subsequent 
petitions for judicial review of various aspects of the consolidated 
permit regulations were consolidated with pending petitions for review 
of the June 7, 1979, final NPDES regulations in the United States Court 
of Appeals for the District of Columbia Circuit.
    As part of an agreement to resolve that litigation, and in response 
to problems encountered by permit writers, EPA deconsolidated the five 
permitting programs on April 1, 1983 (48 FR 14146). The NPDES 
regulations remain in Part 122 (substantive permit requirements) and 
Part 123 (State program requirements). Part 124 (common permitting 
procedures) remains applicable to all of the programs. On September 1, 
1983 (48 FR 39611), EPA promulgated additional revisions covering a 
number of issues affecting the consolidated permit program.
    After deconsolidation, the NPDES program continued to use Forms 1, 
2B, and 2C. In 1984, EPA amended Form 2C to include toxic pollutant 
sampling and, in 1986, promulgated two new NPDES forms: Form 2D, for 
use by new manufacturing, commercial, mining and silvicultural 
operations; and Form 2E, for use by facilities that do not discharge 
process wastewater (51 FR 26982, July 28, 1986). The Agency did not, 
however, revise either Standard Form A or Short Form A. Thus, these two 
forms do not request information to reflect all of the CWA's current 
requirements, including the emphasis on the control of toxic 
pollutants.
d. The Water Quality Act of 1987 and Water Quality-Based Permitting
    On February 4, 1987, the CWA was amended again by the Water Quality 
Act (WQA) of 1987 (Pub. L. 100-4). The WQA included several provisions 
that affect POTWs and other TWTDS. Statutory amendments included 
requirements addressing sewage sludge, storm water, and water quality-
impaired streams. In response to the 1987 amendments, EPA published 
technical revisions to amend the NPDES regulations on January 4, 1989 
(54 FR 246). EPA promulgated final regulations for State sludge 
management programs on May 2, 1989 (54 FR 18716). As part of the WQA 
implementation effort, the Agency published rules implementing CWA sec. 
304(l) and other changes to surface water toxics regulations on June 2, 
1989 (54 FR 23868). This 1989 rulemaking recognized the Agency's 
commitment to protect water quality through water quality-based 
permitting.
    The 1987 amendments provided that States were to adopt numeric 
water quality criteria for the ``priority pollutants'' listed pursuant 
to sec. 307(a)(1), if discharge of those pollutants could reasonably be 
expected to interfere with a designated use under State water quality 
standards. States were to adopt these criteria whenever they reviewed, 
revised, or added new water quality standards. Subsequent review of all 
States indicated that 43 States had adopted the criteria as required. 
Fourteen States, however, were not fully in compliance with the 1987 
amendments as of December 22, 1992. On that date, EPA promulgated 
chemical-specific numeric criteria for those States, as necessary, to 
comply with the CWA (57 FR 60848).
    On July 22, 1994, EPA published its whole effluent toxicity (WET) 
policy (59 FR 37494). The policy is intended (i) to promote uniform, 
nationwide compliance with statutory and regulatory requirements for 
the control of WET, and (ii) to assist permit writers in implementing 
these requirements. The policy reflects EPA's experience in 
implementing the 1989 water quality-based permitting regulations at 40 
CFR 122.44(d). The WET policy provides for: evaluation of acute and 
chronic WET water quality criteria attainment at the edge of the 
respective mixing zones; review of all major dischargers for reasonable 
potential to cause or contribute to exceedance of WET water quality 
criteria; consideration of available WET testing data and other 
information in evaluating whether a discharger has reasonable potential 
to cause or contribute to exceedance of WET criteria; imposition of 
effluent limitations to control WET upon finding reasonable potential 
to cause or contribute to exceedance of WET criteria; imposition of WET 
monitoring conditions where appropriate for dischargers that do not 
have effluent limitations to control WET; schedules for compliance with 
WET effluent limitations; application of water quality permitting 
regulations to apply without regard to the pollutant(s) that may be 
causing toxicity, including ammonia and chlorine; and application of 
the water quality-based permitting regulations to all dischargers, 
including POTWs.
2. Background of the Pretreatment Program
    Congress recognized that regulating only those pollutant sources 
discharging effluent directly into the nation's waters would not 
achieve the CWA's goal to eliminate pollutant discharges. Consequently, 
the CWA required EPA to promulgate nationally applicable pretreatment 
standards that restrict the introduction of pollutants from industrial 
users of POTWs, also called indirect dischargers.
    EPA first issued pretreatment standards on November 8, 1973 (38 FR 
30982). Following the 1977 CWA amendments, EPA revised those 
regulations and issued the ``General Pretreatment Regulations for 
Existing and New Sources of Pollution,'' on June 26, 1978 (43 FR 
27736). The regulations were revised again on January 28, 1981 (46 FR 
9439). As amended, the pretreatment regulations at 40 CFR Part 403 
require that ``any POTW (or combination of POTWs operated by the same 
authority) with design influent flow rates greater than five million 
gallons per day (mgd) and receiving from industrial users pollutants 
that pass through or interfere with the operation of the POTW'' 
establish pretreatment programs as part of its NPDES permit. In 
addition, POTWs with design influent flow rates of less than five mgd 
may be required to develop pretreatment programs if non-domestic wastes 
cause upsets, sludge contamination, or violations of NPDES permit 
conditions or if their industrial users are subject to national 
pretreatment standards. EPA estimates 

[[Page 62550]]
that 1,500 treatment facilities are required to administer such 
pretreatment programs.
    The National Pretreatment Program's primary goal is protection of 
POTWs and the environment from the effects of discharges into municipal 
sewerage systems. This protection is achieved principally through 
regulating industrial users that discharge toxic pollutants or 
unusually large amounts of conventional pollutants into municipal 
systems. The General Pretreatment Regulations control pollutant 
discharges into POTWs in several ways. First, prohibited discharge 
standards apply to all industrial and commercial establishments 
connected to POTWs. 40 CFR 403.5. These standards include general 
prohibitions against the introduction of pollutants into POTW that may 
pass through the POTW or interfere with the operations of the POTW, as 
well as specific prohibitions relating to the introduction of 
pollutants which have the potential to create hazards for the POTW, 
such as heat, explosivity, and corrosivity. Second, categorical 
pretreatment standards apply to discharges by industrial users in 
specific industrial categories determined to be significant sources of 
toxic pollutants. Categorical standards are designed to ensure that 
wastewaters from direct and indirect industrial dischargers are subject 
to similar levels of treatment.
    Finally, 40 CFR 403.5(c) requires POTWs to develop and enforce 
local limits designed to ensure that industrial users meet both the 
general and specific prohibitions. Thus, local limits are intended to 
ensure that POTWs are able to comply with NPDES limits, including 
water-quality based standards. Local limits are Federally enforceable 
pretreatment standards, as defined by sec. 307(d). In cases where local 
limits are more stringent than categorical standards, the more 
stringent limit applies and is enforceable as a Federal standard.
    On July 24, 1990, EPA promulgated amendments to the NPDES and 
General Pretreatment Regulations to reflect the findings of the 
``Report to Congress on the Discharge of Hazardous Wastes to Publicly 
Owned Treatment Works,'' also known as the Domestic Sewage Study (DSS) 
(55 FR 18716). The rule contained a number of regulatory changes 
intended to improve control of hazardous wastes discharged to POTWs, 
including revisions to the application requirements for POTWs at 40 CFR 
122.21(j). Paragraphs 122.21(j) (1)-(3) contain whole effluent toxicity 
(WET) testing requirements, and paragraph 122.21(j)(4) requires POTWs 
with approved pretreatment programs to submit a written technical 
evaluation of the need to revise local limits. Today, EPA proposes to 
revise the WET reporting requirements at Sec. 122.21(j) and to revise 
the provision for the local limits technical evaluation by making this 
a POTW pretreatment program requirement rather than an application 
requirement based on concerns about the timing of such evaluations 
relative to imposition of water quality-based effluent limitations in 
POTW permits.
3. Program To Control Combined Sewer Overflows
    Combined sewer systems (CSSs) are wastewater collection systems 
that transport both sanitary wastewater and storm water to POTWs. 
During dry weather, CSSs carry sanitary wastes, as well as industrial 
and commercial discharges, to POTW treatment plants. In periods of 
heavy wet weather flows, transported sewer waters can overflow the 
regulator structures, which normally convey waste streams to the 
treatment plant, and discharge into adjacent surface waters. These 
discharges are called ``combined sewer overflows'' (CSOs). CSOs often 
contain high levels of suspended solids, bacteria, pathogens, and, in 
many instances, heavy metals and other toxic pollutants, floatables, 
nutrients, oxygen-demanding materials, oil and grease, and other 
contaminants.
    CSOs are point source discharges subject to technology-based 
treatment requirements and applicable water quality-based standards 
through NPDES permits. Because they occur prior to the headworks of the 
POTW treatment plant, these discharges are not considered discharges 
from a POTW and, consequently, are not subject to secondary treatment 
requirements.
    In the United States, approximately 1,100 (mostly older) 
municipalities have CSSs, with approximately 11,000 CSO outfalls that 
periodically discharge untreated sewage, commercial and industrial 
wastes, and storm water during wet weather events. Almost 85 percent of 
these municipalities are located in the Northeast and Great Lakes 
areas. Studies conducted in recent years reveal that CSO discharges are 
a leading cause of reduced water quality, increased health risks, 
degraded ecological conditions, and impaired beneficial uses within the 
Nation's surface waters. Although pollutant concentrations in CSOs 
frequently are lower than those in untreated average-flow municipal 
wastewater (due to dilution occurring during high flows), CSOs often 
result in large pollutant loadings within a short time, potentially 
causing beach closures, shellfish bed closures, and fish kills.
    In 1989, EPA published the National Combined Sewer Overflow Control 
Strategy (54 FR 37370, Sept. 8, 1989). On April 19, 1994, EPA expanded 
on the 1989 strategy by publishing the CSO Control Policy (59 FR 
18688). The Policy was developed through negotiated dialogue with 
State, environmental group, and municipal representatives. The Policy 
explains EPA's expectations for control of CSOs under the CWA and 
guides NPDES permitting authorities in issuing permits for CSO 
discharges. The Policy outlines a phased approach to permitting 
requirements. Under a Phase I permit, the permittee should document 
implementation of the nine minimum control measures identified in the 
Policy as minimum technology-based requirements established through 
best professional judgment (BPJ) to minimize CSO discharges. The nine 
minimum controls include review and modification of local pretreatment 
programs to minimize CSO impacts on receiving waters; maximization of 
flow to the POTW for treatment; control of solids and floatables; and 
monitoring to characterize effectively CSO impacts and the efficacy of 
CSO controls.
    The nine minimum controls are measures that can generally be 
implemented expeditiously to reduce CSOs and their effects on receiving 
water quality. The Phase I permit should not only require 
implementation of the nine minimum controls, but should also require 
development of a long-term control plan. The long-term control plan 
describes the long-term control strategy developed to ultimately result 
in compliance with the requirements of the CWA (including attainment of 
water quality standards). Under a Phase II permit, the permittee 
implements the specific controls described in the long-term control 
plan.

C. Sewage Sludge Program

1. Statutory Requirements for Sewage Sludge
    In 1987, Congress amended sec. 405 to establish a comprehensive 
sewage sludge control program. This program regulates the use and 
disposal of sewage sludge by POTWs and by other treatment works 
treating domestic sewage (TWTDS). Section 405 required EPA to develop 
technical standards that would establish sewage sludge management 
practices and acceptable levels of toxic pollutants in sludge.
    Section 405 also provides that NPDES permits issued to TWTDS 
contain requirements implementing the sewage 

[[Page 62551]]
sludge standards, unless sewage sludge control requirements are 
included in a permit issued under one of the following: Subtitle C of 
the Solid Waste Disposal Act; Part C of the Safe Drinking Water Act; 
the Marine Protection, Research, and Sanctuaries Act; the Clean Air 
Act; or EPA-approved State programs that comply with sec. 405. EPA may 
also issue ``sludge-only'' permits to TWTDS that are not otherwise 
subject to the NPDES program or to the other permitting programs listed 
above.
2. Sewage Sludge Permit Program Regulations
    On May 2, 1989, EPA promulgated regulations establishing the legal 
and programmatic framework for the National Sewage Sludge Program (54 
FR 18716). Sewage sludge management provisions are to be incorporated 
into EPA-issued permits or permits issued by a State under an EPA-
approved sewage sludge program. Sewage sludge information reporting 
requirements were also added to the overall NPDES permit application 
requirements of 40 CFR 122.21. The new regulations, however, neither 
listed the specific sewage sludge information requirements nor provided 
a form for reporting this information. Instead, the rulemaking cross-
referenced the existing State Sludge Management Program regulations in 
Part 501 and required applicants to submit the information listed at 
Sec. 501.15(a)(2). Paragraphs (i)-(v) of Sec. 501.15(a)(2) require 
information on the location and permitting status of the TWTDS. 
Paragraphs (vi)-(xii) require technical information on the applicant's 
sewage sludge use or disposal practice(s).
    On February 19, 1993, EPA amended the sewage sludge permit program 
regulations (58 FR 9404). This amendment phased in requirements for 
submitting sewage sludge permit application information. Any TWTDS that 
is required to have, or that requests, site-specific pollutant limits 
was required to submit permit application information by August 18, 
1993, for the first round of Part 503 standards. Other TWTDS with NPDES 
permits must submit application information with their next NPDES 
permit applications. Finally, TWTDS without NPDES permits (``sludge-
only facilities'') were to submit identification and screening 
information to the permitting authority by February 19, 1994, for the 
first round of Part 503 standards.
3. Part 503 Technical Standards
    On November 25, 1992, EPA promulgated the sewage sludge use and 
disposal standards required by section 405 of the CWA (58 FR 9248, et 
seq., February 19, 1993). These standards regulate the use and disposal 
of sewage sludge when it is applied to land, placed on a surface 
disposal site (including sludge-only landfills), fired in a sewage 
sludge incinerator, or sent to a municipal solid waste landfill 
(MSWLF). The standards for each regulated sewage sludge use or disposal 
method consist of general requirements, pollutant limits, management 
practices, operational standards, and requirements for monitoring, 
recordkeeping, and reporting. A number of parties petitioned for review 
of the regulations and on November 15, 1994, the United States Court of 
Appeals for the District of Columbia Circuit remanded several aspects 
of the regulations for modification or additional justification. 
Leather Industries of America, Inc. v. Environmental Protection Agency, 
40 F.3d 392 (D.C. Cir. 1994).
4. Implementation of Part 503 Technical Standards
    Section 405(f) of the CWA requires that permits issued to 
facilities involved in sewage sludge generation, treatment, or disposal 
include Part 503 requirements. Both POTWs and other TWTDS are engaged 
in sewage sludge generation, treatment, or disposal. However, some of 
these facilities are not required to obtain NPDES discharge permits 
pursuant to sec. 402 of the CWA because they do not discharge 
pollutants to surface waters. These are ``sludge-only'' facilities.
    POTW permits must contain requirements implementing applicable Part 
503 technical standards and other Part 122 permit conditions (such as 
boilerplate conditions and compliance monitoring requirements). POTW 
permits may also contain any other conditions the permitting authority 
develops on a case-by-case basis to protect public health and the 
environment. The permit also establishes a POTW's responsibilities for 
sewage sludge it sends to other facilities for disposal.
    In addition to POTWs, other TWTDS may also be issued permits. These 
treatment works include facilities dedicated to sewage sludge disposal 
(i.e., surface disposal sites and sewage sludge incinerators), as well 
as certain facilities that provide treatment or otherwise change the 
quality of the sewage sludge before ultimate use or disposal. Sewage 
sludge has undergone a change in quality if its pollutant 
concentrations, pathogen levels, or vector attraction properties have 
been altered sufficiently to change the sludge's regulatory status 
under Part 503. Therefore, processes such as stabilization, composting, 
digestion, heat treatment, or blending with bulking agents or with 
sewage sludge from another treatment works may all qualify as sewage 
sludge treatment. (For a more detailed discussion of who must apply for 
a permit, see the preamble to the May 2, 1989, regulations at 54 FR 
18725.)
5. Interim Sewage Sludge Permit Application Form
    On November 8, 1993, EPA published a notice about the interim 
sewage sludge permit application form (58 FR 59260). This interim form 
was developed to simplify the application process until Form 2S was 
completed. Section 122.21(d)(3)(ii) requires sewage sludge permit 
applications to include the information at Sec. 501.15(a)(2), which 
includes both specific and general information. This interim form 
ensures that permittees submit the necessary information; helps 
permittees to understand exactly which requirements apply to them; and 
makes the application requirements consistent for all permittees.
    Proposed Form 2S is based on the interim application form. EPA 
welcomes comments on the proposed Form 2S, especially from users of the 
interim form.

D. NPDES Watershed Strategy

    The Watershed Protection Approach is an Agency initiative which 
promotes integrated solutions to address surface water, ground water, 
and habitat concerns on a watershed basis. It represents EPA's renewed 
emphasis on addressing all stressors within a hydrologically defined 
drainage basin, instead of viewing individual pollutant sources in 
isolation. It is not a new program competing with, or replacing, 
existing programs; rather, it provides a management framework, within 
which baseline CWA program requirements, related public health 
concerns, and newer initiatives can be integrated to address 
restoration and protection of aquatic ecosystems cost-effectively .
    The Watershed Protection Approach has four components. First, it 
focuses protection and restoration activities within a geographically 
defined resource, the watershed. Second, it emphasizes the involvement 
of all affected stakeholders within a watershed; these may include 
Federal authorities, State governments, local governments, the 
regulated community, environmental groups, and other interested 
parties. Third, it stresses the need for appropriate stakeholders to 

[[Page 62552]]
take comprehensive, integrated actions to address environmental 
priorities. Finally, it promotes a regular effort to evaluate the 
success of these actions in protecting and restoring the watershed.
    The broad range of NPDES functions and activities gives the NPDES 
program a key role in implementing the Watershed Protection Approach. 
On March 21, 1994, the EPA Assistant Administrator for Water issued the 
NPDES Watershed Strategy. The Strategy represents a first step toward 
OW's goal of fully integrating the NPDES program into the broader 
Watershed Protection Approach.
    The Strategy outlines national objectives and implementation 
activities: (1) to integrate NPDES program functions into the broader 
Watershed Protection Approach; and (2) to support the development of 
Statewide basin management approaches. To this end, the Strategy 
identifies six areas that are considered essential for the Agency to 
support these objectives:
    Statewide Coordination--Support the development of Statewide basin 
management frameworks, coordinate EPA Office of Water grants 
application and reporting processes, and coordinate interstate basin 
efforts to facilitate implementation of the Watershed Protection 
Approach;
    NPDES Permits--Implement a methodology for issuing NPDES permits on 
a watershed basis and emphasize training on watershed protection. 
Streamline the NPDES permit development, issuance, and review process. 
Develop and implement innovative approaches to NPDES permitting on a 
watershed basis, where feasible;
    Monitoring and Assessment--Develop a Statewide monitoring strategy; 
establish point source ambient monitoring requirements, where 
appropriate, to facilitate the development of monitoring consortia and 
individual monitoring efforts; and promote comparable data collection, 
analysis, and utilization by all stakeholders;
    Programmatic Measures and Environmental Indicators--Revise existing 
national accountability measures to facilitate implementation of the 
Watershed Protection Approach and establish new measures of success 
that reflect assessment of progress toward short- and long-term 
watershed protection goals;
    Public Participation--Utilize existing NPDES public participation 
process and development of basin-wide management plans to encourage 
informed participation by watershed stakeholders, educate stakeholders 
about watershed planning efforts, and seek broad public participation 
in identifying local environmental goals; and
    Enforcement--Include emphasis on minor facilities which are 
discharging to priority basins, within the base national enforcement 
program, and use 308 authorities, inspections and supplemental 
environmental projects, where appropriate, to support watershed 
protection activities.
    The Agency views today's rulemaking as an opportunity to further 
the objectives of the Watershed Protection Approach and the NPDES 
Watershed Strategy. Both proposed Form 2A and proposed Form 2S request 
information which support these objectives. These questions are 
discussed in detail below. The Agency requests comment on what specific 
additional changes might be made to proposed Form 2A and proposed Form 
2S to support the Watershed Protection Approach.

E. Permit Writer's Information Needs Related to Endangered Species and 
Historic Properties

    EPA is considering whether the permit application regulations 
should require permit applicants to provide available information 
related to endangered species and historic properties. The Endangered 
Species Act, 16 U.S.C. Sec. 1531 et seq., creates certain obligations 
requiring the Agency to consult with other federal agencies (U.S. Fish 
and Wildlife Service and National Marine Fisheries Services) when EPA 
carries out, authorizes, or funds an action that may affect threatened 
or endangered (``listed'') species. The National Historic Preservation 
Act, 16 U.S.C. Sec. 470 et seq., creates certain obligations requiring 
the Agency to consult with State officials (State Historic Preservation 
Officers) and/or federal officials at the Advisory Council for Historic 
Preservation in order for EPA to take into account the effect on 
historic properties of an ``undertaking,'' as that term is defined by 
the National Historic Preservation Act. EPA believes that the 
collection of such information would be useful to regulatory officials 
in considering permit applications for activities or undertakings that 
may affect listed species or historic properties, respectively. Absent 
information in the permit application, EPA may need to collect such 
information on a case-by-case basis, which could delay the permit 
issuance process in some instances.
    EPA invites public comment on the information that could or should 
be provided by the permit applicant. Specifically, if EPA established 
permit application questions about listed species or historic 
properties, what kind of information can or should the permit applicant 
provide? Would it be appropriate to request that the permit applicant 
identify whether there are known or suspected listed species, including 
species proposed for listing and designated critical habitat, or 
historic properties in the area of the POTW discharge (or sludge use or 
disposal site by a TWTDS) that would be affected by that POTW discharge 
(or sludge use or disposal by a TWTDS)? How could or should EPA provide 
applicants with flexibility to assist regulatory officials in the 
consideration of potential impacts of activities on listed species or 
historic properties? Though EPA does not propose what type of 
information related to endangered species or historic properties would 
be sought in today's proposal, any such information collection requests 
in the final regulation may affect the costs associated with complying 
with the permit application regulations, both in terms of financial 
cost and burden hours. EPA invites public comment on all aspects of 
efficient federal permitting of POTWs (and TWTDS) consistent with 
requirements of the Endangered Species Act and the National Historic 
Preservation Act.

F. Permit as a Shield

    Section 402(k) of the CWA, also known as the ``shield'' provision, 
provides that compliance with an NPDES permit shall be deemed 
compliance, for purposes of sec. 309 and 505 enforcement, with sec. 
301, 302, 306, 307, and 403 of the CWA (except for any standard imposed 
under sec. 307 for toxic pollutants injurious to human health). In 
response to questions raised regarding EPA's interpretation of the 
scope of the ``shield'' associated with NPDES permits under the CWA, 
the Agency issued a policy statement on July 1, 1994, to describe the 
Agency's current position on the scope of the authorization by EPA to 
discharge under an NPDES permit and the shield thus associated with 
permit authorization.
    As part of an application for an individual NPDES permit, EPA 
requires that an applicant provide certain information on its facility. 
In the case of industrial permit application, this includes specific 
information about the presence and quantity of a number of specific 
pollutants in the facility's effluent, as well as general information 
on all waste streams and operations contributing to the facility's 
effluent and the treatment the wastewater receives. Present application 
requirements for 

[[Page 62553]]
municipal discharges focus primarily on the operation and treatment 
processes at the municipal treatment works, although some quantitative 
information is also required.
    Historically, EPA has viewed the permit, together with material 
submitted during the application process and information in the public 
record accompanying the permit, as important bases for an authorization 
to discharge under sec. 402 of the CWA. The availability of the sec. 
402(k) shield is predicated upon the issuance of an NPDES permit and a 
permittee's full compliance with all applicable application 
requirements, any additional information requests made by the permit 
authority and any applicable notification requirements under 40 CFR 
Secs. 122.41(l) and 122.42, as well as any additional requirements 
specified in the permit.
    In the July 1, 1994, policy statement, the Agency explained that a 
permit provides authorization and therefore a shield for the following 
pollutants resulting from facility processes, waste streams and 
operations that have been clearly identified in writing in the permit 
application process when discharged from specified outfalls:
    (1) Pollutants specifically limited in the permit or pollutants 
which the permit, fact sheet, or administrative record explicitly 
identify as controlled through indicator parameters (of course, 
authorization is only provided to discharge such pollutants within the 
limits and subject to the conditions set forth in the permit);
    (2) Pollutants for which the permit authority has not established 
limits or other permit conditions, but which are specifically 
identified in writing as present in facility discharges during the 
permit application process; and
    (3) Pollutants not identified as present but which are constituents 
of wastestreams, operations or processes that were clearly identified 
during the permit application process (the permit, of course, may 
explicitly prohibit or limit the scope of such discharges).
    With respect to subparts 2 and 3 of the permit authorization 
described above, the Agency recognizes that a discharger may make 
changes to its permitted facility (which contribute pollutants to the 
effluent at a permitted outfall) during the effective period of the 
NPDES permit. Pollutants associated with these changes (provided they 
are within the scope of the operations identified in the permit 
application) are also authorized provided the discharger has complied 
in a timely manner with all applicable notification requirements (see 
40 CFR 122.41(l) and 122.42 (a) and (b)) and the permit does not 
otherwise limit or prohibit such discharges. Section 122.42(b) requires 
that POTWs must provide adequate notice, including information on the 
quality and quantity of discharges to the POTW and anticipated impacts 
on the quantity or quality of effluent discharged by the POTW, of new 
introductions of pollutants by indirect dischargers into the POTW and 
any substantial change in the volume or character of pollutants being 
introduced by sources introducing pollutants into the POTW at the time 
of permit issuance.
    Notwithstanding any pollutants that may be authorized pursuant to 
subparts 1 and 2 above, an NPDES permit does not authorize the 
discharge of any pollutants associated with wastestreams, operations, 
or processes which existed at the time of the permit application and 
which were not clearly identified during the application process.
    In the July 1994 policy statement, the Agency committed to revise 
the NPDES permit application regulations for both municipal and 
industrial discharges, so as to ensure that applicants would have the 
responsibility to characterize more fully the nature of their effluents 
and the contributions of their effluents to receiving waters. The 
Agency stated that, in addressing this issue, it would review EPA's 
position on the scope of the shield provided by sec. 402(k).
    Generally, the discharger is in the best position to know the 
nature of its discharge and potential sources of pollutants. 
Consequently, requiring as full a disclosure as technically possible in 
the permit application is one option EPA may want to consider in light 
of the protection afforded the discharger by the permit shield. 
However, in the case of POTWs, providing a permit shield only for 
pollutant discharges fully and completely characterized in the permit 
application could represent a significant burden on POTWs if they were 
required to identify every pollutant discharged. This is so because of 
the potential pollutant contribution into POTW sewer systems from 
industrial users and residential dischargers. Narrowing the scope of 
the shield and consequent expansion of potential liability would likely 
raise the cost associated with the failure to anticipate, detect, and 
provide information on these discharges.
    The Agency has concerns that, using the current application form, 
permitting authorities using the existing municipal application forms 
may not always receive the information about an applicant's discharge 
needed to develop permits consistent with the requirements of the CWA. 
In today's proposed rule, the Agency is updating its POTW discharge 
application requirements (proposed Form 2A and proposed Sec. 122.21(j)) 
to provide more information to permit writers and to streamline the 
permitting process by ensuring that the information needed from most 
applicants is consolidated onto a single application form. The Agency 
solicits comment on whether the proposal adequately addresses these 
concerns. Moreover, EPA is seeking the public's views on how to strike 
the proper balance between the need for environmental protection, 
incentives to ensure adequate disclosure, and the discharger's need for 
certainty that its conduct meets legal requirements.
    The Agency also specifically requests comment on adding additional 
application requirements that would make applicants responsible for 
providing more information than that specified on the form. For 
example, the Agency is considering adding a question asking whether the 
POTW has any other information on pollutants not otherwise requested on 
the form. The Agency is also considering whether to ask whether the 
POTW has any information on adverse impacts on water quality, such as 
information concerning beach closings, citizen complaints, or fish 
kills. In providing comments on such questions, commenters should state 
whether they would have a chilling effect on--that is, might tend to 
inhibit--the activities of POTWs already participating, for example, in 
ambient monitoring. Comment is also requested on the extent to which 
such information is already available to permitting authorities.

G. Pollutant Data from POTWs

    In preparing options for pollutant data collection for today's 
proposed rule, the Agency sought to identify relevant pollutant data 
records for reference. In so doing, the Agency reviewed POTW effluent 
``priority pollutant scan'' data from EPA Region VI and from North 
Carolina. These data represented data from samples of the effluents of 
several hundred POTWs with a design flow greater or equal to one (1.0) 
mgd (i.e., ``major'' POTWs). Although the information requested by the 
Region and State differed in some respects, each required major POTWs 
to report on all ``priority pollutants'' (i.e., the pollutants listed 
in 40 CFR Part 122, Appendix D, Tables II and III). The Agency compiled 
this information in a database, and analyzed it to determine the 
pollutants most frequently detected in these effluents.
    The Agency concluded that, although this survey was not conducted 
based on 

[[Page 62554]]
statistical methodologies, it was possible to discern certain general 
patterns in the incidence of pollutants reported. Our review of Region 
VI and North Carolina data indicated that over 90% of 300 POTWs sampled 
reported at least one of the chemicals listed in Appendix D, Table III. 
Copper and zinc each appeared in two-thirds of all the POTWs surveyed; 
lead and nickel each appeared in about thirty percent of the effluents 
sampled; antimony, arsenic, cadmium, and silver each appeared in more 
than fifteen percent of facilities; and mercury and cyanide each 
appeared in slightly fewer than fifteen percent. Certain volatile 
organics (i.e., THMs) each appeared in roughly a quarter or more of the 
POTWs sampled; and certain base neutral compounds (i.e., pthalate 
esters) each showed up in ten to twenty percent of POTWs. Finally, only 
a few of the pesticides listed in Appendix D, Table II were reported in 
a small number of these scans.
    While this information was not determinative in the Agency's 
decisions about what to include on the forms, it was consistent with 
other information provided, and supported some of the Agency's 
assumptions articulated elsewhere in this preamble concerning the 
appropriate pollutant test data to require from major POTWs. Notably 
lacking, however, were data on discharges from ``minor'' POTWs (those 
with a design flow of less than one (1.0) mgd). The Agency is seeking 
information concerning the discharges from minor POTWs and intends to 
collect such information between this proposal and the final rule that 
will provide a basis for determining the appropriate sampling 
requirements for those POTWs.

H. Public Consultation in the Development of Today's Proposal

    In the course of developing today's proposed rule, EPA made efforts 
to consult with interested stakeholders in the application process. In 
late 1993 and early 1994, the Agency sought feedback on draft forms and 
other elements of the proposal from States with approved NPDES 
programs, local governments, the Association of State and Interstate 
Water Pollution Control Administrators (ASIWPCA), the Association of 
Metropolitan Sewerage Agencies (AMSA), the California Association of 
Sanitation Agencies (CASA), the Water Environment Federation (WEF), and 
several environmental groups. In response to this outreach effort, the 
Agency received written comments from a dozen States, several 
municipalities, and from AMSA. Agency representatives also met with 
State and municipal representatives and conducted a conference call 
through WEF.
    With respect to the POTW wastewater discharge application, the 
Agency was particularly interested in issues relating to pollutant data 
collection. The Agency indicated that it was considering a tiered 
approach, based upon POTW size and the level of industrial contribution 
(i.e., whether the POTW was required to implement a local pretreatment 
program). Most commenters generally supported the idea of a tiered 
approach (i.e., that the Agency not require the same information from 
all POTWs). The Agency received an array of suggestions concerning what 
pollutant data should be required. Among the concerns raised by 
commenters were the following: ease of completion; flexible 
implementation by States; reduced pollutant data requirements; 
sensitivity to impacts on small municipalities; and elimination of 
redundant reporting. In addition, the Agency received numerous 
technical comments concerning various details of the information to be 
reported.
    In response, the Agency has made changes to the proposed rule to 
provide a user-friendly modular design for the forms and has revised 
its initial approach to municipal pollutant data collection for this 
proposal. The Agency's proposed approach to pollutant data collection 
would limit pollutant data requests to those pollutants of greatest 
concern and would require less pollutant data from smaller 
municipalities. However, the Agency is still considering several 
options concerning the amount of pollutant data to be provided, 
including options that would require minor POTWs to provide sampling 
data on metals, some organic compounds, and whole effluent toxicity.
    With respect to the sludge application, the Agency was interested 
in the type and amount of pollutant data currently requested by States. 
Responses showed variation among States. Comments were also received 
that questioned the need for some of the information to be collected by 
Form 2S. The Agency has removed some questions that it agrees are not 
necessary for sludge permit applications. The Agency also requests 
comment on several options for pollutant data collection.
    Finally, the Agency proposes to allow the use of existing data and 
to reduce redundant reporting by allowing permitting authorities to 
waive reporting of information to which they have direct access. This 
proposal is discussed in more detail in those portions of the preamble 
which focus on the relevant provisions of the proposed rule. The Agency 
also solicits comments on alternative considerations specifically 
addressed to pollutant data submission and industrial user information.

II. Approach Taken in Today's Notice

A. Scope of Today's Rulemaking

    Today's notice proposes two sets of NPDES application requirements 
and a corresponding permit application form, together with 
instructions, for each. Proposed Sec. 122.21(j) contains application 
requirements pertaining to wastewater treatment and discharge at 
publicly owned treatment works (POTWs), and would require that 
applicants submitting this information to EPA use new Form 2A. Proposed 
Sec. 122.21(q) contains application requirements pertaining to 
generation, treatment, and disposal of sewage sludge at POTWs and other 
treatment works treating domestic sewage, and would require that 
applicants submitting applications to EPA use new Form 2S.
    The proposed forms would be used both by EPA and by approved NPDES 
States that choose to adopt these forms. Approved States could also 
elect to use forms of their own design so long as the information 
requested includes at least the information required by the final 
NPDES/sludge regulations. EPA and State NPDES authorities may request 
additional information from permit applicants whenever necessary to 
establish appropriate permit limits and conditions. CWA sec. 308.
    The proposed forms and instructions for each form are included with 
today's proposed rule as an appendix to the rulemaking package. EPA is 
not intending to publish the forms and instructions with the final 
rule, so as to reduce the length of the Federal Register notice for the 
final rulemaking, and solicits comment on this issue.

B. The Agency Proposes to Revise the Definition of POTW and Existing 
Permit Application Requirements for POTWs

    Today, EPA proposes to revise the definition of the term ``POTW,'' 
as defined in 40 CFR Part 122 to conform more exactly with the 
definition of the term at 40 CFR Part 403. ``POTW'' is defined at 40 
CFR 403.3 as ``a treatment works . . . which is owned by a State or 
municipality.'' This definition includes devices and systems used in 
the storage, treatment, recycling, and reclamation of municipal sewage 
or industrial wastes of a liquid nature, as well as sewers, pipes, and 
other conveyances that carry wastewater to a 

[[Page 62555]]
POTW treatment plant. As defined, the term ``POTW'' also refers to the 
municipality that has jurisdiction over the discharges to and from such 
a treatment plant. In today's proposed rule, the Agency proposes to 
revise the definition of POTW in Part 122 so as to be consistent with 
the more commonly understood definition located in Part 403.
    The Agency's intention is to simplify and clarify, though EPA 
recognizes that any change may create unanticipated confusion. The 
Agency solicits comments on effects on conforming the Part 122 
definition with the Part 403 definition. Specifically, the Agency is 
interested in the extent the change would affect: implementation of the 
Combined Sewer Overflow policy; regulatory consideration of sanitary 
sewer overflows; and implementation and applicability of the NPDES and 
pretreatment programs to sewerage collection systems that are not 
owned/operated by the owner/operator of the treatment plant to which 
collected waste waters are transported.
    The Agency proposes to revise whole effluent toxicity testing 
requirements found in the existing POTW permit application regulations 
at Sec. 122.21(j). Under existing Sec. 122.21(j) (1)-(3), a POTW must 
provide the results of whole effluent biological toxicity testing as 
part of its NPDES permit application, if the POTW has a design flow 
equal to or greater than one million gallons per day; if it has (or is 
required to have) an approved pretreatment program; or if it is 
required to report by the Director (NPDES State Program Director or EPA 
Regional Administrator). The Agency proposes to revise this requirement 
to reflect Agency guidance and policy, as well as practical experience 
in implementing existing requirements, as set forth at proposed 
Sec. 122.21(j)(4).
    The Agency proposes to change the pretreatment requirement for 
local limit calculations from an application requirement to a permit 
requirement. Under existing Sec. 122.21(j)(4), any POTW with an 
approved pretreatment program must provide a written technical 
evaluation of the need to revise local limits under 40 CFR 403.5(c)(1). 
The existing provision requires that the local limits evaluation be 
done prior to permit issuance. This has generated feedback from States 
and municipalities that it would be better to require the evaluation 
after permit issuance, so as to avoid the need for a second technical 
evaluation if the POTW's permit limits are revised in the new permit. 
In response to these concerns, the Agency proposes to change this from 
an application requirement to a POTW pretreatment program requirement, 
at proposed Sec. 403.8(f)(4)(B).

C. EPA Proposes Form 2A for POTWs to Replace Standard Form A and Short 
Form A

    Today EPA proposes a new NPDES application form, Form 2A, for 
POTWs. Currently, POTWs may be required to submit one of two forms, 
depending on the size of the POTW. While both of these forms are 
approved Federal forms, the NPDES regulations do not require use of the 
forms by POTWs when applying for a permit. Standard Form A is intended 
to be used by all POTWs with a design flow equal to or exceeding one 
million gallons per day. Standard Form A contains questions about the 
facility and collection system, discharges to and from the facility 
(including information on some specific pollutant parameters), and 
scheduled improvements and schedules of implementation. Short Form A is 
intended for use by all POTWs with a design flow of less than one 
million gallons per day. Short Form A contains only fifteen questions 
of a summary nature, and asks for virtually no information on specific 
pollutants. Many States use one or both of the Federal forms, but a 
number of States have developed State forms that request information 
not included on the Federal forms.
    EPA proposes to replace both Standard Form A and Short Form A with 
a single Form 2A, subdivided into two parts, titled ``Basic Application 
Information'' and ``Supplemental Application Information''. Basic 
application information would include information about the collection 
system and the treatment plant, general information concerning the 
types of discharges from the treatment plant, identification of 
outfalls, certain effluent characteristics, and scheduled improvements. 
The Agency believes that a separate short form for all minor POTWs is 
no longer appropriate, because in order to establish adequate permit 
limits, information such as that mentioned above must be collected from 
all POTWs, regardless of size.
    On the other hand, the Agency recognizes the need to be selective 
in requiring further additional information. For this reason, the 
Agency has divided the proposed form into two parts. To limit the 
reporting burden for smaller POTWs without significant industrial 
contributions, EPA proposes to require effluent monitoring data for 17 
parameters from POTWs with design flows less than one million gallons 
per day (mgd) and without pretreatment programs. These 17 parameters 
consist mostly of conventional and nonconventional pollutants. Larger 
POTWs and pretreatment POTWs, by comparison, would be required to 
report effluent monitoring data for metals and organic compounds as 
well as the 17 parameters required for smaller POTWs. Thus, the Basic 
Application Information part of Form 2A would require reporting on 
those parameters required of all POTWs, while the Supplemental 
Application Information part of the form would be used by applicants 
providing data on toxic pollutants (i.e., larger POTWs and pretreatment 
POTWs). Similarly, the Supplemental Application Information part of 
Form 2A is intended to be used by applicants required to provide the 
results of whole effluent toxicity tests, applicants with significant 
industrial users, and applicants with CSOs.
    The Agency also invites comment on requiring use of the form 
itself. As explained previously, EPA conducted significant public 
outreach to design an application form that is easy to use, including 
outreach on the form itself. Use of the form would provide all of the 
information requested in the proposed application regulations, whereas 
modification of the form may result in failure to provide information 
to be required in the proposed regulations. On the other hand, EPA 
seeks to provide maximum flexibility by ``streamlining'' procedures for 
permit development. The Agency seeks comment on whether requiring use 
of the form would interfere with streamlining permitting procedures.

D. Applicability of Form 2A to Privately Owned and Federally Owned 
Treatment Works

    As in the case of existing Standard Form A and Short Form A, EPA 
proposes that Form 2A and the application requirements at 
Sec. 122.21(j) be required only for POTWs. However, the Agency proposes 
that the Director have the discretion to use the proposed form for 
treatment works that are not POTWs. As previously discussed, the NPDES 
program has evolved considerably since Standard Form A and Short Form A 
were promulgated in 1973, and now embraces facilities that operate 
similarly to POTWs but which do not meet the regulatory definition of 
POTW. Although not owned by a State or municipality, such facilities 
nevertheless receive predominantly domestic wastewater, provide 
physical and/or biological treatment, and discharge effluent to waters 
of the United States. Such facilities include Federally owned treatment 
works (FOTWs) and privately owned treatment 

[[Page 62556]]
works that treat primarily domestic wastewater.
    EPA is aware that Federal and State permitting authorities use a 
number of mechanisms for obtaining NPDES permit application information 
from non-POTW treatment works. These mechanisms include Standard Form 
A, Short Form A, Form 2C (``Existing Manufacturing, Commercial, Mining, 
and 
FR Doc. 95-28213 National Pollutant Discharge Elimination System Permit Application Requirements for Publicly Owned Treatment Works and Other Treatment Works Treating Domestic Sewage
Silvicultural Operations''), and Form 2E (``Facilities Which Do Not 
Discharge Process Wastewater''). The Agency believes that Form 2A would 
in many cases be the more appropriate application form for non-POTW 
treatment works, and solicits comments on its applicability to such 
facilities.
    Nevertheless, the Agency does not propose to require Form 2A for 
non-POTW treatment works. Despite many functional similarities to 
POTWs, such facilities do not share the same regulatory requirements 
and thus might not be required to report the same information to 
permitting authorities. In many instances, non-POTW treatment works are 
not required under the NPDES regulations to develop pretreatment 
programs, meet secondary treatment requirements, or report results of 
whole effluent toxicity testing with their permit applications. For 
those facilities, requiring such information through Form 2A might be 
unnecessary.
    The Agency solicits comments on whether the provisions of 
Sec. 122.21(j) and the requirement to use Form 2A should be extended to 
treatment works other than POTWs. EPA is particularly interested in 
commenters' views on how to collect appropriate information in 
appropriate circumstances. EPA also seeks to design permit application 
requirements to account for privatization of treatment plants initially 
constructed as publicly owned treatment works. The permit application 
requirements in this proposed rule may be appropriate for partially 
privatized portions of POTWs, particularly because the proposed 
information regulations in today's rule would solicit information about 
sewerage collection systems that might not otherwise be collected under 
the industrial permit application regulations. Finally, EPA solicits 
comment on the extent of the similarity between POTWs and FOTWs, for 
example, whether FOTWs would have combined sewage collection systems. 
In another part of today's proposal, EPA is soliciting comment about 
the definition of POTW to which the permit application regulations 
would apply.

E. EPA Proposes Revised Application Requirements and Form 2S for Sewage 
Sludge Permits

    Today, EPA also proposes a new form, Form 2S, to collect 
information on sewage sludge from treatment works treating domestic 
sewage (TWTDS). The term ``treatment works treating domestic sewage'' 
is a broad one, intended to reach facilities that generate sewage 
sludge or effectively change its pollutant characteristics as well as 
facilities that control its disposal. The term includes all POTWs and 
other facilities that treat domestic wastewater. It also includes 
facilities that do not treat domestic wastewater but that treat or 
dispose of sewage sludge, such as sewage sludge incinerators, 
composting facilities, commercial sewage sludge handlers that process 
sludge for distribution, and sites used for sewage sludge disposal. In 
addition, EPA may designate a facility a TWTDS when the facility's 
sludge quality or sludge handling, use, or disposal practices have the 
potential to adversely effect public health and the environment. Septic 
tanks or similar devices are not considered TWTDS.
    In addition to proposing sewage sludge application requirements in 
new paragraph 122.21(q), EPA also proposes to delete the cross-
reference to Sec. 501.15(a)(2) in paragraph 122.21(d)(3)(ii). This 
would consolidate all of the sewage sludge application requirements in 
paragraph 122.21(q). The information included in Sec. 122.21(d)(3)(ii) 
and Sec. 501.15(a)(2) was not intended to be a final, comprehensive 
list of all of the application information required of a TWTDS. Such a 
comprehensive list was not possible until after promulgation of the 
technical sewage sludge standards. Rather, with these sections, EPA 
provided a minimum set of information requirements to suffice until 
more comprehensive sewage sludge permit application regulations could 
be promulgated. In light of the promulgation of technical sewage sludge 
use or disposal standards, at 40 CFR Part 503, EPA today proposes to 
modify the sewage sludge permit application requirements to add new 
Sec. 122.21(q) and to revise paragraph Sec. 122.21(d)(3)(ii) 
accordingly.
    EPA intends to maintain consistency between the NPDES permit 
application requirements of Part 122 and the State sewage sludge 
permitting requirements of Parts 123 and 501. This reflects EPA's 
belief that a TWTDS should submit the same application information 
regardless of whether the permitting authority regulates sludge 
management under an approved NPDES or under a non-NPDES program. 
Therefore, under today's rulemaking, EPA also proposes to revise the 
language of Secs. 123.25(a)(4) and 501.15(a)(2) to modify the sludge 
information requirements. EPA seeks comment on this revision.

F. Reasons for Separate Form 2A and Form 2S

    EPA today proposes two separate forms for municipal wastewater 
discharges and sludge for several reasons. First, the forms would 
differ in their applicability. Form 2A would apply only to POTWs; Form 
2S would require information from all TWTDS. Most facilities that 
generate, treat, or dispose of sewage sludge are POTWs, and will be 
required to submit both application forms. However, several thousand 
TWTDS do not discharge to surface waters and therefore are not required 
to have NPDES discharge permits. Thus, they would be required to submit 
Form 2S but not Form 2A.
    Second, separate application forms are also appropriate because 
wastewater and sewage sludge are often regulated by different 
permitting authorities. In 41 States and territories, the NPDES program 
is administered at the State level through an EPA-approved NPDES 
program. Therefore, POTWs in NPDES States would obtain NPDES permits 
from the State permitting authority (by submitting Form 2A to the 
State) and sewage sludge permits from EPA (by submitting Form 2S to the 
EPA Regional Office). Separate application forms would facilitate this 
bifurcated permitting process. In addition, even when a State sludge 
permitting program is approved, the program will not necessarily be 
administered by the State's NPDES permitting authority. For example, a 
POTW in a State with both NPDES and sludge permitting authority could 
receive its NPDES permit from the water management agency and its 
sewage sludge permit from a solid waste agency. Separate Forms 2A and 
2S would also facilitate permitting in this situation.

G. EPA Solicits Comment on the Use of Electronic Application Forms

    Consistent with recent amendments to the Paperwork Reduction Act, 
the Agency intends to develop electronic data submission as an 
alternative form of application. The use of electronic media should 
help to streamline the application process and to reduce the amount of 
repetition associated with completing application forms that are only 
available on hard copy. As previously noted, the elimination of 
redundant reporting is one of the goals of this rulemaking. 

[[Page 62557]]

    It is not clear, however, how this would best be accomplished, 
especially because permit application forms must be ``signed'' to 
ensure reliability of permit application information (and 
enforceability of the permit application regulations). Options range 
from transmitting data electronically, submitting disk copies, or 
submitting a hard copy. It might be most feasible to have electronic 
forms that could be distributed and completed electronically, and then 
printed, signed, and submitted. Although the Agency is considering how 
``signatures'' for electronic submissions could be obtained, there are 
other issues concerning the use of application forms, such as how to 
attach accompanying documents. The Agency solicits comments regarding 
the interest that applicants and permitting authorities may have in 
this area, and suggestions as to how it could most feasibly be 
accomplished.

III. Description of Proposed Requirements

A. EPA Proposes to Revise Requirements in Sec. 122.21 (c), (d) and (f) 
Concerning the Use of Forms 1, 2A, and 2S

    EPA proposes revisions to the existing general application 
requirements for all NPDES permittees, which would require the use of 
Forms 2A and 2S by applicants for EPA-issued permits. The proposed rule 
would not require applicants using these forms to use Form 1, as is 
currently required. Today's proposed rule substantially incorporates 
the requirements of Sec. 122.21(f) into the requirements of proposed 
Sec. 122.21 paragraphs (j) and (q).
1. Requirement to Submit Form 2A
    EPA proposes in Sec. 122.21(d) to require POTWs to submit the 
information at Sec. 122.21(j) using Form 2A or an equivalent form 
approved by the Director. The Agency proposes to require applicants for 
EPA-issued permits to complete Form 2A, but is considering not 
requiring the use of the form so long as the proposed regulatory 
requirements are met. The Agency intends to allow the use of any method 
of electronic data submission the Agency may approve as part of the 
final rule in lieu of the form itself.
2. Requirement to Submit Form 2S
    EPA also proposes in Sec. 122.21 paragraphs (c)(2)(iii) and (d) to 
require TWTDS to submit the information at Sec. 122.21(q) using Form 2S 
or an equivalent form approved by the Director. As with Form 2A, the 
Agency proposes to require applicants for EPA-issued permits to 
complete Form 2S, but is considering not requiring the use of the form 
so long as the proposed regulatory requirements are met. Also as with 
Form 2A, the Agency intends to allow the use of any method of 
electronic data submission the Agency may approve as part of the final 
rule.

B. Application Requirements for POTWs (40 CFR 122.21(j))

    Today's proposed rule includes application requirements for all 
POTWs. These requirements are proposed at 40 CFR 122.21(j). Form 2A 
tracks the information required by the regulation in parallel fashion. 
Applicants for State-issued permits are not required to use Form 2A, so 
long as the other application form provided by the Director requests 
the information required by proposed Sec. 122.21(j).
    EPA acknowledges concerns relating to redundant reporting which 
were raised by State and municipal commenters during the consultation 
process. The Agency does not wish to require applicants to report 
information already provided or available to the permitting authority. 
Today's proposal would allow permitting authorities to waive reporting 
requirements, as appropriate. The introductory paragraph of proposed 
Sec. 122.21(j) would allow the Director to waive any requirement in 
proposed paragraph (j) if the Director has access to substantially 
identical information. The Agency solicits comment on this approach 
and, specifically, on the conditions for allowing such a waiver. In 
today's proposed rule, the Agency also solicits comments on more 
narrowly defined waivers for specific requirements (see discussion 
below concerning pollutant data requirements and industrial user 
information requirements).
    The Agency also solicits comment on ways to allow the permit writer 
or permitting authority discretion in waiving particular information 
where the permitting authority determines that such information is not 
necessary for the application. In other words, there may be flexible 
ways to look at each applicant in light of the overall ``matrix of 
characteristics'' regarding a particular facility. Where, for example, 
historical data indicate that additional sampling is not warranted 
unless other conditions have changed, the Agency is allowing the 
permitting authority to waive such sampling. Such flexibility would 
involve a holistic approach to implementing these proposed 
requirements. The Agency solicits comment as to ways in which it could 
be accomplished without making these provisions entirely discretionary, 
and thus making it difficult for the applicant to predict how 
discretion would be exercised. This might be particularly relevant on 
the second and subsequent rounds of permitting under these proposed 
provisions. The Agency also seeks comment on what information might be 
appropriate and what information might be inappropriate for such 
waivers.
1. Basic Application Information
    Today's proposal would require all POTW applicants to provide the 
information in proposed Sec. 122.21(j)(1). All of this information is 
also requested in Questions 1-16 of the Basic Application Information 
part of proposed Form 2A.
    Proposed Sec. 122.21(j)(1) of today's rule would require 
information on the POTW's service area and physical plant. The proposed 
rule would require all applicants to provide information regarding the 
community served and physical characteristics of the treatment works.
    Proposed Sec. 122.21(j)(1)(i) requests facility identification 
information. Proposed Sec. 122.21(j)(1)(ii) requests information about 
the applicant, which may or may not be the facility itself. Proposed 
Sec. 122.21(j)(1)(iii) asks the applicant to provide permit numbers of 
any existing environmental permits that have been issued to the 
facility.
    Proposed Sec. 122.21(j)(1)(iv) would require the applicant to list 
the municipalities and populations served by the POTW. The POTW may 
serve several areas (including unincorporated connector districts) in 
addition to the one in which it is located. The permit writer needs to 
know what areas are served and the actual population served in order to 
calculate the potential domestic sewage loading to the facility. The 
information on the community is also useful for providing notice and 
public comment for permit reissuance, and for public education.
    Proposed Sec. 122.21(j)(1)(v) would require the applicant to report 
the facility's design flow rate and the annual average daily flow rate 
for each of the past three years. This information enables the 
permitting authority to calculate limits appropriate to the POTW, to 
alert the permitting authority to the need for flow restrictions or 
facility expansion, and to compare design and actual flows.
    Proposed Sec. 122.21(j)(1)(vi) would require information on the 
type of collection system used by the facility. The applicant would 
also identify whether the collection system is a separate sanitary 
system or a combined storm and sanitary system. The 

[[Page 62558]]
applicant would also estimate the percent of sewer line that each type 
comprises. Familiarity with the type of collection system enables the 
permit writer to anticipate combined collection system overloading in 
wet weather. The current application form, Standard Form A, requests 
that the applicant also provide the length of the collection system (in 
miles). The proposed rule does not include this requirement because the 
Agency does not believe that such information is useful to the permit 
writer.
    Proposed Sec. 122.21(j)(1)(vii) would also require information on 
inflow and infiltration. Inflow is the uncontrolled entrance of water 
into the collection system from surface sources such as unsealed 
manholes. Infiltration is water that enters the collection system 
through deteriorated or defective pipes, joints, and connections. Both 
conditions may indicate the need for special permit conditions (such as 
best management practices) to reduce the inadvertent flow of water to 
the POTW. EPA requests comment on the availability of inflow and 
infiltration information at POTWs. This provision would also request 
information on steps the facility is taking to minimize inflow and 
infiltration.
    Proposed Sec. 122.21(j)(1)(viii) would require the applicant to 
provide a topographic map that includes information on the layout of 
the treatment plant, including all unit processes; intake and discharge 
structures; wells, springs, and other surface water bodies; sewage 
sludge management facilities; and the location(s) at which hazardous 
waste enters the treatment plant by truck, rail, or dedicated pipe. 
This provision reflects the topographic map requirements of 
Sec. 122.21(f)(7), and is more specifically designed to include 
features most likely to be found at a POTW.
    Proposed Sec. 122.21(j)(1)(ix) would require the applicant to 
submit a process flow diagram or schematic, together with a narrative 
description. The permit writer uses this information to develop 
secondary treatment and water quality-based permit requirements, as 
well as other applicable permit conditions.
    Proposed Sec. 122.21(j)(1)(x) would require information about 
bypasses, which are intentional diversions of wastestreams from any 
part of a treatment plant. Regulations governing bypasses are set forth 
at 40 CFR 122.41(m). Facilities experiencing bypasses are required to 
estimate the frequency, duration, and volume of bypass incidents, and 
the reasons why bypasses have occurred. Information on bypasses is used 
by the permit writer to develop appropriate permit limits and 
conditions for these discharges.
    Proposed Sec. 122.21(j)(1)(xi) would require general information 
regarding discharges to waters of the United States as well as 
discharges to destinations other than surface waters. This information 
enables the permit writer to account for all wastewater that enters the 
POTW, regardless of whether or not it is discharged directly to 
receiving waters. From a watershed permitting standpoint, permitting 
authorities may use this information to identify flows that 
individually or collectively may have an impact on the watershed, 
whether or not they are discharged directly into waters of the U.S.
    If any effluent is discharged to surface impoundments with no 
discharges to waters of the U.S., the applicant would report the 
location of each surface impoundment, the annual average daily volume 
discharged to each surface impoundment, and whether the discharge is 
continuous or intermittent. If effluent is applied to the land, the 
applicant must provide the site location, the site size, and the annual 
average daily volume of effluent applied. The applicant must also state 
whether land application is continuous or intermittent. This 
information alerts the permit writer to the potential for point source 
discharges to arise from land application sites under certain 
circumstances, such as cold weather or high volume discharges, or from 
surface impoundments.
    Proposed Sec. 122.21(j)(1)(xi) would also require the applicant to 
report whether wastewater is discharged to another treatment works, the 
means by which the wastewater is transported, the average daily flow 
rate to that facility, and information identifying the receiving 
facility. The applicant must also identify the organization 
transporting the discharge, if other than the applicant. The permit 
writer needs this information in order to track the wastewater and 
verify the transfer.
    Finally, proposed Sec. 122.21(j)(1)(xi) would require information 
on other types of disposal, such as underground percolation or 
injection. These types of disposal may result in the transfer of 
pollutants to waters of the U.S. through underground flows, and thus 
are of interest both to the permit writer in writing the permit and to 
the permitting authority in designing watershed protection strategies.
    Proposed Sec. 122.21(j)(1)(xii) would require the applicant to 
report whether the POTW is located on a Federal Indian Reservation, 
discharges to a receiving water that is on a Federal Indian Reservation 
or upstream of and eventually flows through a Federal Indian 
Reservation. This information enables the permit writer to identify the 
proper permitting authority and applicable requirements, including 
applicable water quality standards.
    Proposed Sec. 122.21(j)(1)(xiii) would require the applicant to 
provide information about any scheduled facility improvements. 
Improvements to the facility may change its flow or removal efficiency, 
necessitating a permit modification. The permit writer may modify the 
permit when the improvement is complete, or may include alternate 
limits in the permit that would take effect upon completion of the 
improvement.
    The current application form, Standard Form A, requests certain 
information about required improvements including information on dates 
for completion of the preliminary plan, completion of the final plan, 
awarding of contract, and site acquisition. EPA is proposing to delete 
these requirements but solicits comment on their usefulness. Standard 
Form A also requires the applicant to identify the authority imposing 
the improvement and the general and specific action codes. The Agency 
proposes to delete this requirement because permit writers have 
indicated that this information is unnecessary to writing the permit.
2. Information on Effluent Discharges
    Proposed Sec. 122.21(j)(2) of today's rule would require all POTWs 
that discharge effluent to waters of the U.S. to provide specific 
information for each outfall through which effluent is discharged to 
surface waters, excluding CSO outfalls. This information would be 
reported in Questions 17, 18, and 19 of the Basic Application 
Information part of proposed Form 2A. The applicant would be required 
to submit the information required for each outfall.
    Proposed Sec. 122.21(j)(2)(i) would require general information 
about each outfall. The applicant must specify the outfall number, 
location, latitude and longitude, distance from shore (if applicable), 
distance below surface (if applicable), and average daily flow (in 
million gallons per day). EPA enters the latitude and longitude points 
into the water quality data base STORET. Maps of the location of water 
discharges are developed to examine the relationship between NPDES 
outfalls and other areas of concern, such as drinking water intake 
points or sensitive ecosystems. This information is also used to 
establish water quality-based effluent limits appropriate for the 
particular 

[[Page 62559]]
receiving water. The locational data requested by this question also 
supports the Watershed Protection Approach, because it provides Federal 
and State environmental managers with information they need to 
geographically locate discharge points.
    Latitude and longitude would be required to be reported to the 
nearest second. This is consistent with EPA's Locational Data Policy 
(LDP) (See ``Locational Data Policy Implementation Guidance, Guide to 
the Policy (March 1992)''). In accordance with this policy, all 
latitude/longitude measurements in Agency data collection should have 
accuracies of better than 25 meters (i.e., roughly, one second).
    Proposed Sec. 122.21(j)(2)(i) would require information about the 
interval and duration of effluent discharges that are seasonal or 
periodic. Such discharges arise from certain conditions, usually 
related to the process at an industrial user, whereby the industrial 
user discharges intentionally at specified times following treatment. 
For each outfall with an intermittent discharge, the applicant must 
report the annual frequency, duration, flow, and the months in which 
the discharge occurs. The permit writer uses this information to 
develop permit limits that reflect the intermittent nature of such 
discharges.
    Proposed Sec. 122.21(j)(2)(i) would also require the applicant to 
specify whether the outfall is equipped with a diffuser and the type of 
diffuser (e.g., high-rate) used. The permit writer uses this 
information to make mixing zone calculations. (See ``Technical Support 
Document for Water Quality-based Toxics Control,'' EPA/505/2-90-001, 
March 1991.)
    Most POTWs discharge treated effluent to surface waters such as 
streams or rivers. Proposed Sec. 122.21(j)(2)(ii) solicits information 
that describes and identifies the receiving waters into which each 
outfall discharges. Information about the type of receiving water is 
useful to the permit writer because mixing zones and wasteload 
allocations may be calculated differently for different types of 
receiving waters.
    This provision would also require the name of the watershed, the 
Soil Conservation Service watershed code, the name of the State 
management basin, and the United States Geological Survey hydrologic 
code. This locational information supports the Watershed Protection 
Approach, by providing Federal and State environmental managers with a 
means of locating dischargers within the U.S. Soil Conservation Service 
watershed categorization system, a State's river basin categorization 
system, and the U.S. Geological Survey cataloging scheme. Some States, 
as well as EPA Regions, are implementing a basin management approach to 
watershed protection and will require the information requested by this 
question.
    Proposed Sec. 122.21(j)(2)(iii) would require information on the 
level of treatment for discharges from each outfall. The CWA requires 
POTWs, with some exceptions, to treat influent to the level of 
secondary treatment prior to discharge. Secondary treatment is defined 
at 40 CFR 133.102 in terms of five-day biochemical oxygen demand 
(BOD5), total suspended solids (SS or TSS), and pH. Part 133 
allows adjustments to the secondary treatment requirements for POTWs 
that meet certain criteria. In addition, some POTWs are subject to 
requirements for ``treatment equivalent to secondary treatment,'' as 
described in Sec. 133.105. Finally, some POTWs may have more advanced 
levels of treatment necessary, for example, to meet water-quality based 
standards for certain pollutants, such as nitrogen and phosphorous.
    This provision would require data on design removal efficiencies 
for BOD5 and SS. Information on these parameters is necessary in 
order for the permit writer to set pollutant limits that accurately 
reflect the pollutant removal that the POTW can achieve. It may also 
alert the permitting authority to the need for improvements to the 
treatment facility.
    Proposed Sec. 122.21(j)(2)(iii) would also require information on 
disinfection, which usually follows secondary or advanced treatment and 
which destroys bacteria, viruses, and other pathogens in the 
wastewater. Disinfection most commonly occurs through chlorination. 
Many POTWs also dechlorinate their effluent prior to discharge because 
excessive free chlorine in a wastewater discharge can cause aquatic 
toxicity in the receiving water.
3. Effluent Monitoring for Specific Parameters
    The purpose of proposed Sec. 122.21(j) and proposed Form 2A is to 
provide the permit writer with the minimum information necessary to 
issue to a POTW an NPDES permit that contains effluent limitations 
consistent with the goals of the CWA. EPA recognizes that the quality 
of a POTW's effluent depends on several factors, such as the number and 
type of industrial users of the POTW, and that not all POTWs need to 
report the same information to ensure developing NPDES permits to 
achieve designated uses of the Nation's waters. Hence, EPA proposes a 
tiered approach to collect needed effluent monitoring information.
    The Agency proposes to require all POTWs to report effluent 
monitoring information for the 17 parameters listed at proposed 40 CFR 
Part 122, Appendix J, Table 1 (``Effluent Parameters For All POTWs'') 
(see also proposed Form 2A, Basic Application Information, question 
19). These parameters have a high likelihood of being present in most 
POTW effluents.
    EPA is proposing to require additional reporting of pollutant-
specific data for POTWs with a design flow greater than or equal to 1.0 
mgd; POTWs that have or are required to have a pretreatment program; 
and other POTWs required to provide this information to the permitting 
authority. In general, the pollutants for which additional data would 
be required are those for which there are State water quality 
standards, other than dioxin, asbestos, and ``priority pollutant'' 
pesticides. Thus, the Agency would require, at a minimum, data on those 
pollutants listed at proposed 40 CFR Part 122, Appendix J, Table 2 
(``Effluent Parameters For Selected POTWs and Treatment Works Treating 
Domestic Sewage'') (see also proposed Form 2A, Part A, Supplemental 
Application Information: Expanded Effluent Testing). The Agency would 
not require data, unless otherwise specified by the permitting 
authority, on those pollutants listed at proposed 40 CFR Part 122, 
Appendix J, Table 3 (``Other Parameters for Treatment Works Treating 
Domestic Sewage And Selected POTWs'').
    Proposed Sec. 122.21(j)(3) would require that data be separately 
provided for each outfall through which treated sanitary effluent is 
discharged to waters of the United States. Further, EPA recognizes that 
a POTW's effluent may have similar qualities at more than one of its 
outfalls. EPA thus proposes to allow applicants to provide the effluent 
data from only one outfall as representative of all such outfalls, 
where two or more outfalls with substantially identical effluents, and 
with the approval of the permitting authority on a case-by-case basis. 
For outfalls to be considered substantially identical, they should, at 
a minimum, be located at the same plant, be subject to the same level 
of treatment, and have passed through the same types of treatment 
processes. The Agency solicits comment on this approach and, 
particularly, on whether data should be separately collected from all 
such outfalls. Alternatively, should applicants generally be encouraged 
to follow this approach rather than 

[[Page 62560]]
selectively approved on a case-by-case basis?
    EPA proposes that effluent and monitoring data submitted to the 
permitting authority meet the following conditions:
    1. Maximum Period of Sample Collection: All data summarized in 
response to these questions is proposed to be collected within a 3-year 
period preceding the permit application date.
    2. Minimum Number of Daily Sample Analyses: Results from a minimum 
of three separate daily sample analyses (pollutant scans) are proposed 
to accommodate data needs for each analyte on which information is 
requested. Additional samples might be required on a case-by-case 
basis.
    3. Seasonal Considerations: For most POTWs, EPA expects that the 
three, or more, sets of results for daily sample analyses summarized in 
response to these information needs would represent typical daily 
discharges occurring during at least three different calendar seasons. 
For most applicants, EPA proposes to require that a minimum of 4 months 
and a maximum of 8 months separate at least one pair of the daily 
sample analysis results included in the summary. Applicants unable to 
meet this time requirement due to, for example, periodic, 
discontinuous, or seasonal discharges could obtain alternative guidance 
on this requirement from their permitting authority. Permitting 
authorities might alter this requirement to address considerations of 
specific POTWs.
    4. Testing Methods: Sampling and analysis is proposed to be 
conducted in accordance with methods approved under 40 CFR Part 136. 
Applicants would be expected to use methods that enable pollutants to 
be detected at levels adequate to meet water quality-based standards. 
Where no approved method can detect a pollutant at the water quality-
based standards level, applicants would be expected to use the most 
sensitive approved method. If the applicant believed that an 
alternative method should be used (e.g., due to matrix interference), 
the applicant would need to obtain prior approval from the permitting 
authority. If an alternative method approved in accordance with 40 CFR 
Part 136 is specified in the existing permit, the applicant would be 
expected to use that method unless otherwise directed by the permitting 
authority. When no approved analytical method exists, an applicant 
could use a suitable method and provide a description of the method. 
``Suitable method'' means a method that is sufficiently sensitive to 
measure as close to the water quality-based standard as possible. The 
permit writer needs to know which testing methods are used in order to 
assess the technical validity of the results.
    5. Daily Samples: For most POTWs, sampling is proposed to be 
conducted using composite samples mixed on a flow-proportional basis 
over a 24-hour period from at least eight sample aliquots (100 ml 
minimum) collected using an automated sample collection device. The 
flow-proportional basis would involve either varying the intervals 
between the collection of equal volume samples or varying the sample 
volumes collected over equal interval collection periods. The reason 
for using automated samplers is that they are designed to make the 
necessary adjustments according to the rate of flow.
    For POTWs where automated sample collection devices are not 
available, it is proposed that appropriate daily composite samples for 
analysis would be produced by mixing at least four sample aliquots (100 
ml minimum), each collected to represent typical segments of the 
operating day effluent flows.
    Because pH, temperature, cyanide, total phenols, residual chlorine, 
oil and grease, and bacterial indicators cannot be properly sampled by 
continuous sampling devices, summarized results for each daily analysis 
are proposed to be based on individual analysis of a minimum of four 
grab samples collected to represent typical effluent flows over the 
operating day. A grab sample has 100 ml minimum volume, collected over 
15 minutes or less.
    For effluents from treatment ponds or other impoundments that have 
retention times of greater than 24 hours, single grab samples (100 ml 
minimum collected over 15 minutes or less) would be considered adequate 
to represent daily conditions for all analytes reported.
    6. Maximum Data Summarization Requirements: EPA recognizes that not 
all analytes are sampled and analyzed at the same frequency for 
effluents from a single POTW or across all POTWs. EPA thus proposes 
that summarized results for analytes should include all data collected 
over the preceding three-year period, ending the calendar quarter 
preceding the permit application date (providing, for example, a total 
of 3 annual samples or 12 quarterly samples summarized per analyte, as 
well as any other samples taken by the applicant).
    For those analytes sampled and analyzed at monthly or more frequent 
intervals, EPA proposes that applicants only summarize and report data 
collected over a single one-year period (e.g., providing a summary of 
12 monthly samples, together with any other samples taken during that 
period, per analyte). The one-year period included in this data 
summarization interval would end the calendar quarter preceding the 
permit application date.
    Applicants would be required to indicate for each analyte the 
number of samples summarized and whether each summary represents a one 
or three year summarization period.
    7. All Data Must Be Reported: For each analyte, EPA proposes that 
all samples conducted and analyzed in accordance with 40 CFR Part 136 
during the reporting period be reported (i.e., included with all other 
data for the period reported), regardless of whether or not they were 
required by the permitting authority or these proposed regulations.
    8. Data Must Be Summarized: For each analyte, EPA proposes that 
applicants report the maximum daily discharge, expressed either as 
concentration or mass, of all of the samples reported. Applicants would 
also report the average daily discharge, expressed either as 
concentration or mass, of all the samples reported.
    The Agency is considering requiring applicants to report only 
concentration numbers on the application or, alternatively, requiring 
that applicants who wish to report mass also provide flow information 
used in calculating the mass figures reported. Thus, applicants would 
be required to report the flow rate used in calculating the maximum 
daily discharge and the average of all of the flow rates used in 
calculating the average daily discharge.
    Some States may wish to have individual pollutant data reports, 
rather than summary data, from applicants, either from all applicants 
or on a case-by-case basis, in addition to or instead of the summary 
data required by proposed Sec. 122.21(j)(3). States would be encouraged 
to obtain this information in the manner considered most suitable to 
their needs.
    9. Existing Data May Be Reported: Where the applicant has existing 
data for a given pollutant, and where such data meet the conditions 
described above, EPA proposes to allow the use of such data in lieu of 
data collected solely for the purpose of the permit application. If, 
for example, the applicant were to have pollutant data from two 
samples, only one more sample would be needed to meet the minimum 
requirement of three samples, assuming that other conditions were met. 
Also, where such data have previously been reported to the permitting 
authority, the permitting 

[[Page 62561]]
authority could waive such requirements as having been satisfied.
    The Agency proposes the above conditions in an effort to be clear 
about the nature of what needs to be reported. Accordingly, the Agency 
solicits comment on whether these conditions are sufficiently clear, on 
the one hand, or whether they are overly restrictive, on the other.
    The Agency also solicits comment on each of the particular 
conditions described above. The Agency is particularly interested in 
comment on two of these conditions: whether three pollutant scans is 
the appropriate number to require; and whether the three-year 
requirement for reporting test data should be waived, as proposed, 
where sampling for pollutants is done on a monthly basis.
    The analytical data proposed to be reported would result from a 
variety of analytical methods, with detection limits ranging from less 
than 1 ppb to more than 10 ppb. The toxic analytes that are of most 
concern at low concentrations are primarily analyzed by gas 
chromatography (GC), gas chromatography/mass spectrometry (GC/MS), 
inductively coupled plasma emission spectrometry (ICP), and atomic 
absorption spectrometry (AA), and high resolution capillary column gas 
chromatography/high resolution mass spectrometry (HRGC/HRMS). These 
methods have different numeric analytical endpoints, based upon 
detection (e.g., method detection limit) or quantification (e.g., 
minimum level) levels. In addition, the wide latitude of data reporting 
definitions and conventions in use in various regulatory programs 
complicates the generation and interpretation of analytical data 
reported with this proposal.
    In order for permit writers to develop appropriate permit 
requirements, they must be able to establish whether a pollutant is 
present and whether a reasonable potential for environmental impairment 
exists, as defined by water quality standards and criteria. To properly 
make such determinations, permit writers require more complete data and 
documentation than has been previously supplied with the application 
form, because any ambiguity increases the likelihood that the permit 
writer will need to include in the permit limits that are near or below 
10 ppb or, alternatively, additional monitoring requirements for those 
pollutants for which the data are ambiguous.
    Thus, it is in the best interests of both the applicant and the 
permitting authority that the proposed rule would require that the 
method detection limit (MDL), minimum level (ML), or other designated 
method endpoint, together with identification of the corresponding 
analytical methods used be stated in the permit application. Along with 
this information, the proposal would require applicants to submit 
pollutant data based upon actual sample values. In other words, even 
where test values are below the detection or quantification level of 
the method used, the actual data value should be reported, rather than 
reporting ``non-detect'' (``ND'') or ``zero'' (``0'') in such 
instances. If the endpoint of the method used is reported along with 
the actual sample results, the permitting authority will be able to 
determine if the data is in the ``non-detect'' range or ``below 
quantification'' range.
    The Agency has provided guidance to the applicant in the proposed 
Form 2A instructions in order to minimize the conditions that lead to 
inaccurate sampling data. The Agency proposes that the permit 
applicant: (1) alert its laboratory to the analytical and detection 
limit requirements and the expectations for documentation; and (2) 
report the necessary documentation to ensure that the permit writer is 
fully informed as to the methods used and the results obtained. For 
more detailed information concerning analytical issues (acceptable 
methods, effluent-specific detection limits, and documentation of data 
and analytical problems), applicants should refer to the ``Guidance on 
Evaluation, Resolution, and Documentation of Analytical Problems 
Associated with Compliance Monitoring'', EPA 821-B-93-001, June 1993.
a. Pollutant Data Reporting Requirements for All POTWs
    EPA has identified certain pollutants that are commonly found in 
POTW effluents, regardless of size, and for which permit limits may be 
necessary to prevent adverse effects on receiving waters. Proposed 
Sec. 122.21(j)(3) would require each applicant, regardless of size, to 
provide monitoring information for the pollutants listed in proposed 
Appendix J, Table 1. These include the conventional pollutants 
(defined, at 40 CFR 401.16, as biochemical oxygen demand, total 
suspended solids, pH, fecal coliform, and oil and grease), as well as 
other parameters that are common to domestic wastestreams, such as 
ammonia (and other nitrogen compounds), and compounds of other origin, 
such as chlorine (which is used for disinfection during the treatment 
process).
    The complete list is, as follows:

Flow
Temperature
Bacterial indicators (E. coli, Enterococci, Fecal coliform)
5-day biochemical oxygen demand (BOD5 or CBOD5)
Chlorine (total residual, TRC)
Kjeldahl nitrogen (total organic as N)
Oil and Grease
Total dissolved solids
Total suspended solids
pH
Phosphorus (PO4-P)
Dissolved oxygen
Hardness (as CaCO3)
Ammonia (as N)
Nitrate + Nitrite (as N)

    The secondary treatment regulations at 40 CFR Part 133 describe the 
minimum level of effluent quality that must be attained in terms of 
BOD5 (or CBOD5), TSS, and pH, and specify technology-based 
criteria for each parameter. Control of BOD5 (or CBOD5) is 
necessary to ensure sufficient dissolved oxygen in the receiving water 
to protect aquatic life; BOD5 (or CBOD5) is also a key 
parameter in biological treatment systems. Extremely high levels of 
suspended solids in the POTW's influent can interfere with POTW 
operations. High TSS levels in the effluent also block light in the 
receiving water and inhibit photosynthesis. Permit writers use 
information for these, as well as all other parameters listed above, to 
set appropriate water quality-based limits for permit applicants. In 
instances where POTWs have been allowed to substitute chemical oxygen 
demand (COD) or total organic carbon (TOC) for BOD5, in accordance 
with 40 CFR 133.104, applicants would report the substituted parameter.
    EPA has determined that enterococci and E. coli are better 
biological indicator organisms than fecal coliform. From 1973 through 
1982, the Agency studied marine and freshwater bathing beaches. These 
studies reveal strong correlations between instances of 
gastrointestinal illness and concentrations of certain indicator 
organisms at these beaches. That is, in both fresh and marine waters, 
enterococci and E. coli were strongly correlated with gastroenteritis. 
(For more information on this study, see ``Ambient Water Quality 
Criteria for Bacteria--1986,'' EPA440/5-84-002, January 1986.)
    Because high numbers of these organisms in receiving water indicate 
an increased potential for human gastrointestinal illness following 
swimming or ingestion, and because both enterococci and E. coli are 
contained in all domestic sewage, indicating the potential for 
gastrointestinal illness, EPA is 

[[Page 62562]]
proposing to require all POTWs to test for these biological indicator 
organisms in their discharged effluents. The Agency is also proposing, 
however, to allow the use of fecal coliform as the biological indicator 
for those applicants where the applicable permitting authorities have 
not yet switched to monitoring requirements for enterococci and E. 
coli. EPA solicits comments on allowing the use of fecal coliform in 
cases where permitting authorities have not switched from using fecal 
coliform as the pathogen indicator. The Agency also solicits comment as 
to whether testing for enterococci and E. coli should be required at 
all before the Agency has developed approved test methods for these 
parameters.
    The Agency proposes that all POTWs report chlorine and ammonia 
levels. EPA's experience with toxicity identification evaluations 
(TIEs) at many POTWs indicate that chlorine and ammonia frequently 
cause effluent toxicity. Additional studies also reveal frequent 
adverse effects by these compounds within receiving waters. Therefore, 
at POTWs that chlorinate their wastewaters without subsequent 
dechlorination prior to discharge, chlorine may be present in 
concentrations sufficient to cause toxicity in receiving waters. 
Ammonia, which is common in nearly all sanitary sewage, is highly toxic 
to aquatic life in its un-ionized form. The ratio of the relatively 
toxic un-ionized ammonia form (NH3) compared with the considerably 
less toxic ionized ammonium form (NH4+) is dependent on pH 
and temperature.
    Chlorine and ammonia are listed in many State water quality 
standards, and ``The Quality Criteria for Water 1986'' (EPA 440/5-86-
001, also known as the ``Gold Book'') lists criteria for both 
pollutants. Chlorine and ammonia can react to form chloramines, which 
can be toxic, and are more persistent in the aquatic environment than 
elemental chlorine. In estuaries or ocean water, bromamines can also 
form. Analytical methods recommended for the quantification of total 
residual chlorine (TRC) also indicate the presence of chloramines and 
bromamines. If a disinfectant other than chlorine is used, the 
permitting authority has the discretion to require additional data for 
that disinfectant. If alternative disinfection technologies are used, 
the applicant must submit a description of the alternate process.
    Depending on the type of treatment provided, different sampling 
regimes may be appropriately required. For example, POTWs that do not 
use chlorination for disinfection, and do not otherwise use chlorine in 
their treatment processes, perhaps should not be required to sample for 
chlorine. The Agency solicits comment on whether to waive chlorine data 
from such POTWs.
    EPA criteria for nitrate, nitrite, and phosphorus are published in 
The Gold Book. Because these parameters are prevalent in most POTW 
effluents and because of their impacts on receiving waters, EPA is 
proposing to require all applicants to test for them. Nitrogen and 
phosphorus are often limiting nutrients in marine and fresh water 
systems, respectively. Excessive loadings of nitrogen (discharged as 
ammonia (including ammonium), nitrate, nitrite, and organic nitrogen) 
and phosphorus (discharged as phosphate) can stimulate algae growth, 
interfering with shoreline aesthetics and recreational uses. In 
addition, decaying algae can reduce dissolved oxygen concentrations, 
thus impairing the aquatic environment. At concentrations not typically 
encountered in surface waters, nitrate is toxic to fish.
    Today, EPA proposes monitoring and reporting requirements for total 
nitrate plus nitrite, Kjeldahl nitrogen, and total phosphate. EPA is 
proposing to request the reporting of nitrate plus nitrite, combined 
rather than separately, because the chemical equilibrium between the 
two forms can change rapidly when chemical conditions in effluents and 
receiving waters differ. Such differences can cause concentration 
ratios between these two nitrogen oxide forms to change rapidly shortly 
after effluents enter receiving waters. Thus, separately knowing the 
effluent concentrations of nitrate and nitrite often bears little 
significance to their likely concentrations shortly after discharge 
into receiving waters. Kjeldahl nitrogen concentrations (a measure of 
organic nitrogen concentrations) are requested to allow permit writers 
to evaluate the total concentration and total mass of nitrogen 
discharged, determined by summing concentrations of discharged ammonia, 
nitrate plus nitrite, and Kjeldahl nitrogen, when all are reported in 
equivalent nitrogen concentrations (NH3-N and 
NO2+NO3-N). Phosphate is to be reported in equivalent 
phosphorus concentrations (PO4-P). Concentrations of elemental 
phosphorus in most effluents occur at less than potentially toxic 
levels; consequently, no reporting requirements are proposed for 
elemental phosphorus.
    The Gold Book also provides criteria values on concentrations of 
oil and grease. Concentrations of oil and grease sufficient to create a 
sheen on the receiving water not only affect aesthetic qualities of 
these waters, but may also reduce the re-aeration rate of the receiving 
waters, potentially contributing to dissolved oxygen sag problems. Oil 
and grease may also indicate the presence of other high-molecular-
weight organic pollutants of concern, because they are often discharged 
with or act as a sink for such pollutants. Finally, oil and grease 
interfere with POTW operations. Therefore, today's proposal includes 
monitoring and reporting requirements regarding concentrations of oil 
and grease.
    Standard Form A currently requires applicants to test for most of 
the parameters discussed above. Today EPA is proposing to delete 
reporting requirements for the following parameters, which are 
currently included on the list for which sampling is required on 
Standard Form A:

Chemical Oxygen Demand
Fecal Streptococci
Settleable matter
Total Coliform Bacteria
Total Organic Carbon
Total Solids

    EPA is proposing to delete chemical oxygen demand (COD) and total 
organic carbon (TOC) because biochemical oxygen demand (BOD5 or 
CBOD5) is generally more relevant to municipal treatment systems. 
EPA is proposing to delete settleable matter and total solids because 
there is considerable overlap between these parameters and total 
suspended solids and total dissolved solids. The Agency believes that 
the two selected parameters provide sufficient information to permit 
writers. Finally, the Agency proposes to drop reporting requirements 
for fecal streptococci and total coliform bacteria because the Agency 
believes that the selected pathogens (E. coli, enterococci, and fecal 
coliform) are better indicators for risk. The Agency requests comments 
on its proposal to delete the above Standard Form A parameters from the 
proposed application requirements.
    In addition to the parameters discussed above, Standard Form A 
requires that POTWs indicate the presence of (but not provide 
quantitative data for) certain pollutants, if known. Such pollutants 
include metals, as well as other toxic and non-conventional pollutants. 
The Agency is proposing to require that some POTWs sample and report on 
certain toxic (priority) pollutants, as described in the discussion, 
``Reporting of Additional Pollutants for Some POTWs'' (at III.B.3.b). 
The Agency is proposing, however, not to include POTW reporting 
requirements for the following pollutants listed on Standard Form A:

[[Page 62563]]

Bromide
Chloride
Fluoride
Sulfide
Aluminum
Barium
Boron
Cobalt
Iron
Manganese
Titanium
Tin
Algicides
Chlorinated Organic Compounds
Pesticides
Surfactants
Radioactivity

    A number of these parameters (including bromide, chloride, boron, 
cobalt, iron, manganese, titanium, and tin) are proposed for deletion 
because they are relatively less toxic than priority pollutants for 
which the Agency is proposing to require testing (see, ``Reporting of 
Additional Pollutants for Some POTWs'' (at III.B.3.b)); and the levels 
of these pollutants in most municipal discharges are low. EPA is 
proposing to delete algicides, pesticides, and chlorinated organic 
compounds because the Agency does not believe it is relevant to ask for 
information about these contaminants at this level of generality.
    EPA considered, but does not include as part of today's proposal, 
requirements that all applicants test and report on sulfide and sulfate 
concentrations in effluents. Sulfide is of concern because the 
anaerobic decomposition of sewage and other naturally deposited organic 
material is a major source of hydrogen sulfide. EPA considered 
proposing monitoring requirements for sulfate because high sulfate 
concentrations, which are caused by sewer corrosion, are converted 
anaerobically to hydrogen sulfide. Hydrogen sulfide is toxic to aquatic 
life; it also biologically reoxidizes on sewer walls that are exposed 
to air, forming sulfuric acid that corrodes the concrete of the sewer 
channels. It was considered that, based on this monitoring information, 
the permit writer could set permit limits for sulfide and sulfate or to 
require appropriate best management practices. These monitoring 
requirements, however, were not included as part of today's proposed 
requirements because of the view that sulfide is rapidly converted to 
sulfate in aerobic waters, which rapidly dissipates its toxic risk. In 
most instances, maintaining monitoring requirements and permit limits 
for dissolved oxygen to maintain attainable uses of receiving waters 
will adequately safeguard receiving waters from toxic risks due to 
sulfide or sulfate potentially contained in effluents. Regarding 
corrosivity within the sewer system, the Agency believes that, in 
general, the POTW is in a better position than the permit writer to 
address such concerns. Special considerations may lead to the 
requirement that some applicants submit analytical results for these 
chemicals, as determined on case-by-case basis. EPA invites comment on 
these conclusions.
    The Agency also considered testing for surfactants, but is not 
proposing to require such testing as part of this rule because: most 
POTWs do not discharge surfactants at toxic levels; the Agency has not 
developed water quality criteria for surfactants; and sources are 
difficult to control. In cases where surfactants in municipal 
wastestreams occur at toxic levels, the Agency believes that whole 
effluent toxicity (WET) testing should reveal any toxicity arising from 
surfactants. EPA invites comment on this approach.
    The Agency also considered including monitoring requirements for 
three additional nonconventional pollutants: aluminum, barium, and 
fluoride; because of their regular appearance in analytical results 
from the numerous pollutant scans reviewed during preparation of the 
proposed rule and because published criteria exist for these three 
conventional pollutants. But such requirements have not been included 
on the proposed rule for the following reasons:
    (1) Toxicity problems related to excess aluminum concentrations, 
especially for aquatic organisms, occur primarily in acidic receiving 
waters (most often in waters with pH less than 6.0) having low hardness 
levels (i.e., concentrations of calcium less than 2.0 mg/l). The 
majority of effluent water analyses reviewed did not contain sufficient 
aluminum concentrations to likely impair beneficial uses of receiving 
waters;
    (2) Although barium regularly appeared in the pollutant scans of 
effluents reviewed by EPA, the concentrations reported in all samples 
remained below the 1.0 mg/l Gold Book criterion value for barium in 
domestic water supplies; and
    (3) According to the 1972 ``Blue Book'', potentially adverse 
physiological effects due to excess fluoride concentrations increase 
with increasing environmental temperatures. Consequently, recommended 
criteria for fluoride range from 1.4 to 2.4 mg/l for average annual air 
temperatures of 50 to 91 deg.F. Concentrations for the majority of 
reported results from the many pollutant analyses reviewed by EPA 
revealed that although fluoride was a regular constituent of effluents, 
in the majority of the instances it occurred at concentrations less 
than suggested Blue Book criteria.
    At this time, based on information currently available to EPA, 
concentrations of aluminum, barium, and fluoride in the majority of 
effluents are generally less than those necessary to produce 
significant risk for beneficial uses of receiving water. As such, EPA 
concludes at this time that it is unwarranted to require all 
dischargers to monitor for these chemicals as part of the municipal 
application process. Individual permit writers can, nevertheless, 
require analysis of any or all of these chemicals, wherever treatment 
works or environmental considerations suggest that such requirements 
are warranted. Further, EPA intends to continually review this 
conclusion as more effluent monitoring results become available, and 
continues to seek informed input from outside EPA on this decision.
b. Reporting of Additional Pollutants for Some POTWs
    As discussed above, the Agency proposes to require all POTWs to 
report information on pollutant parameters commonly associated with 
POTW effluents. Proposed Sec. 122.21(j)(3) (see also, proposed Part A 
in the Supplemental Application Information part of Form 2A) requires 
the reporting of additional parameters listed in proposed Appendix J, 
Table 2, by those POTWs that the Agency believes are most likely to 
discharge toxic pollutants to receiving waters. Toxic pollutants may 
interfere with POTW performance or pass through the POTW to receiving 
waters, thus potentially causing adverse water quality impacts.
    Certain POTWs discharge toxic organic and inorganic pollutants 
primarily as a result of contributions from non-domestic sources. 
Section 122.21(j)(3)(iii) of today's proposal requires the applicant to 
submit monitoring data for the pollutants listed in proposed Appendix 
J, Table 2, if the POTW meets any one of the following criteria: (1) 
The POTW has a design flow rate equal to or greater than 1.0 mgd; (2) 
the POTW has a pretreatment program or is required to have one under 40 
CFR Part 403; or (3) the POTW is otherwise required to submit this data 
by the permitting authority.
    POTWs with a design flow equal to or greater than 1.0 mgd are 
designated as ``major'' POTWs by the Agency. EPA estimates that roughly 
25 percent of the approximately 16,000 POTWs nationwide have design 
flows of at least 

[[Page 62564]]
1.0 mgd. The Agency has found that major POTWs have a high potential to 
discharge toxic pollutants because of the strong likelihood that they 
receive industrial wastewaters and because of the large number of 
substances entering the treatment works from various sources. 
Therefore, the Agency believes that it is necessary to collect toxic 
pollutant data from these POTWs.
    EPA also proposes to require data on toxic pollutants from POTWs 
that are required to develop pretreatment programs under 40 CFR Part 
403. A POTW is required to develop a pretreatment program if it 
receives discharges from significant industrial users that may 
interfere with the POTW or pass through the treatment works. 
Approximately ten percent (approximately 1,500) of all POTWs have or 
are required to develop pretreatment programs. Most POTWs with 
pretreatment programs are also major POTWs, and so this criterion only 
slightly expands the requirements of this provision.
    In addition to POTWs with design flows greater than or equal to 1.0 
mgd and POTWs with pretreatment programs, EPA is proposing to allow the 
permitting authority to require any other POTW to submit monitoring 
data for some or all of the pollutants listed in proposed Appendix J, 
Table 2. The Agency would recommend that the permitting authority 
require an applicant to perform a complete or partial pollutant scan if 
toxicity is known or suspected in a POTW's effluent. Alternatively, if 
the facility's effluent causes adverse water quality effects, or if the 
POTW discharges to an impaired receiving water, the permit writer could 
require the applicant to provide analytical results from a complete 
pollutant scan.
    The permit writer could also require the applicant to test for 
these parameters depending on the number or kinds of industrial users. 
EPA is proposing to grant the permit writer such discretion because 
smaller POTWs that receive industrial contributions also have the 
potential to discharge toxic pollutants. Although a POTW with a design 
flow less than 1.0 mgd may not have as great a volume of toxic 
pollutants entering its treatment system as a larger POTW, the impact 
of its industrial users could easily be more pronounced due to other 
considerations, such as smaller treatment capacity or an effluent-
dominated receiving stream. Testing for toxic pollutants would provide 
the information needed to write a protective permit for such a POTW.
    The Agency solicits comments on the above criteria for determining 
which POTWs must test effluent for the pollutants in proposed Appendix 
J, Table 2. The Agency also solicits comment on whether other POTWs 
should be required to sample for some or all of these pollutants. 
Alternatively, the Agency solicits comment as to whether other POTWs 
should be required to provide any existing data on these pollutants. 
Such data would be important information in conducting watershed 
assessments.
    The proposed approach for determining which POTWs must submit data 
on toxic pollutants is not the only approach being considered by the 
Agency. Among the alternatives being considered is one that would 
expand upon the approach described above, and require toxics data from 
two groups of non-pretreatment minors, each of which includes about 
half of all minor POTWs. In this approach, POTWs with a population 
between 1,000 and 10,000 (and not otherwise required to report as 
described above) would be required to provide a single pollutant scan 
for the Metals, Cyanide, and Total Phenols and the Volatile Organics 
groups in proposed Appendix J, Table 2. POTWs with a population of less 
than 1,000 (and not otherwise required to report as described above) 
would be required to provide a single scan for certain metals (i.e., 
cadmium, chromium, copper, lead, nickel, zinc, silver, and mercury). 
The Agency specifically solicits comment on this alternative approach. 
Commenters are requested to address the suggested cutoff points for 
different levels of reporting, the pollutants for which reporting is 
suggested, and the number of samples that should be required.
    EPA proposes that POTWs meeting the three criteria enumerated above 
monitor for the pollutants in proposed Appendix J, Table 2, and any 
other pollutants for which there are established State water quality 
standards. Proposed Table 2 is a subset of the priority pollutants list 
previously described. As discussed in the background discussion of this 
preamble, these pollutants are regulated under the CWA and have been 
identified by Congress and/or EPA as potential threats to human health 
or aquatic life. Proposed Table 2 also includes total phenols, a 
parameter commonly used as an indicator pollutant for certain priority 
pollutants. Also as discussed, EPA and most States have developed 
numeric criteria and standards for most of these pollutants.
    Proposed Appendix J, Table 2 represents pollutants that have been 
identified in priority pollutant scans of effluent from POTWs. Permit 
writers will be able to use data on these pollutants as a basis to 
derive appropriate permit limits.
    The Agency is proposing to not require pollutant data for certain 
priority pollutants (i.e., dioxin, asbestos, and priority pollutant 
pesticides). Available information on the occurrence of asbestos, 
dioxin, and priority pollutant pesticides reveals that these pollutants 
rarely occur at detectable levels in POTW effluents. Absent information 
to the contrary, the Agency does not consider asbestos to be a 
pollutant of concern in municipal wastewater effluents. Dioxin, while 
nearly ubiquitous, is present in such minute amounts in those 
industrial outfalls where it is known to be present in relatively high 
concentrations, that the Agency does not believe that, in general, it 
is appropriate to require POTWs to monitor for the pollutant at the 
POTW outfall, due to the high level of dilution in municipal 
wastestreams. Permitting authorities may wish to require such 
monitoring on a case-by-case basis if there is reason to believe that 
dioxin may be present in measurable amounts. To the extent that 
priority pollutant pesticides, including, for example, DDT and PCBs, 
appear in municipal wastestreams, the Agency believes that their 
presence is due, for the most part, to background concentrations, 
rather than to new introductions by discharges to the POTW. Where these 
pesticides result in toxicity problems or where other conditions merit, 
the Agency believes that permitting authorities should require sampling 
for them on a case-by-case basis. In the alternative, the Agency is 
considering adding pesticides to the list of required pollutants in 
proposed Appendix J, Table 2. The Agency solicits comment on whether 
routine monitoring and screening should be required for pesticides from 
all POTWs meeting the criteria of proposed Sec. 122.21(j)(3)(iii) or 
whether the proposed approach is the appropriate one.
    EPA also solicits comment on alternative ways to collect 
information in permit application about pollutants that occur in low 
levels, such as dioxin, or that otherwise present water quality 
concerns even in highly dilute effluent. As discussed previously, the 
proposal would require information about significant industrial users 
from certain POTWs so the permit writer should have sufficient 
knowledge about the potential for pass through of such pollutants. The 
Agency is interested in commenters' views on the adequacy of SIU 
identification for the purposes of developing adequate POTW permit 
limitations. Proposed Sec. 122.21(j)(3) 

[[Page 62565]]
would also require that POTWs meeting the above criteria monitor for 
pollutants not listed in proposed Appendix J, Table 2, for which the 
State or EPA have established State water quality standards (see 
discussion in Background section of this preamble). A number of States 
have established water quality standards for pollutants not listed as 
CWA sec. 307(a) priority pollutants. For the reasons stated in the 
above paragraph, the Agency believes that it is appropriate to require 
sampling for these pollutants, as well.
    In addition, EPA considered, but is not proposing, requiring 
applicants to monitor for other pollutants, such as those on the ``Gold 
Book'' list of Federal Water Quality criteria, those regulated under 
the Safe Drinking Water Act, or those on data bases such as the Toxics 
Release Inventory System (TRIS), the Aquatic Toxicity Information 
Retrieval data base (AQUIRE), and the Integrated Risk Information 
System (IRIS). The Agency determined that adding these other pollutants 
to the list of pollutants proposed would impose additional monitoring 
and reporting requirements on the applicant, at substantial additional 
cost, but without significant benefit. Additionally, not all pollutants 
on these lists have been assigned numeric criteria. Moreover, available 
information reviewed by EPA does not indicate that these chemicals 
occur with either sufficient frequency or at high enough concentrations 
in typical POTW effluents to support their inclusion among pollutants 
for which monitoring is proposed to be uniformly required.
    Under today's proposal, in proposed 122.21(j)(3)(v), permit writers 
would have the option to require monitoring and reporting for any other 
potentially toxic chemicals for which the authority has a reasonable 
basis to suspect that such materials may be contained in POTW 
effluents. Such basis could include the presence of industrial users 
known to release chemicals not included among the pollutants for which 
routine analyses are otherwise required. EPA invites comments on all 
aspects of this proposal that would allow for case-by-case information 
requests that might otherwise extend the time involved in streamlined 
permit issuance procedures.
    In addition, EPA solicits comment on whether to require applicants 
to summarize and report, as part of the application process, analytical 
results for any toxic pollutant determined during the three-year period 
preceding the application to be a known or likely constituent of the 
facility's discharge. That is, when an applicant has reason to know or 
suspect the presence of other toxic constituents in their effluents, 
its reporting requirements would not necessarily be limited either to 
the general list of toxic pollutants provided by proposed Appendix J, 
Tables 1 and 2, or to specific monitoring requirements placed on the 
applicant by the permitting authority. EPA considers results from toxic 
release inventory (TRI) as providing one likely basis for information 
that could cause applicants to initiate additional effluent monitoring 
analyses during the application process.
    Finally, the Agency is interested in providing flexibility where 
POTWs can demonstrate that the risk of occurrence of pollutants in the 
discharge is sufficiently small. The Agency seeks comment on whether 
POTWs could be exempted from providing information on specific 
pollutants where there are statistically valid data to allow the 
permitting authority to predict the absence of particular pollutants. 
In addition, EPA solicits comments on the appropriateness of exempting 
POTWs from providing information about certain contaminants which are 
detectable in only a small fraction of POTWs (e.g., less commonly 
occurring metals such as antimony) and which would not be expected to 
occur based on other data about the POTW or the indirect discharge.
    Other approaches to collecting pollutant data were considered for 
proposal. EPA solicits comment on each of these, as follows:

A. Types of Industrial Contributors

    This approach would have required monitoring for specific 
pollutants, depending on the identity of industrial users discharging 
to the POTW. Although this approach was supported by a number of 
commenters in the course of our outreach efforts, it appeared to be too 
difficult to implement for non-pretreatment POTWs. Non-pretreatment 
POTWs are not required to do user inventories of, for example, all 
categorical industries, and thus would probably be unaware of what 
monitoring data to provide. On the other hand, pretreatment POTWs would 
be required to provide entire priority pollutant scans if they had only 
2-3 different types of industries. The Agency solicits comment on how, 
specifically, such an approach would work and how it would benefit 
applicants and provide permit writers with appropriate information.

B. TRI as a Basis for Determining Additional Pollutants for Sampling

    It was suggested that we use TRI data to determine what additional 
pollutants for which to require sampling. Although industrial user TRI 
reports are not currently provided to POTWs by TRI-reporting 
industries, such reporting could be required, for example, through the 
pretreatment program. Of course, permit writers may always request TRI 
data from EPA. At issue is whether the applicant should be required to 
provide additional monitoring data for pollutants reported through TRI. 
The Agency solicits comment as to whether this approach might be 
feasible and whether it would provide useful information to the permit 
writer that is not otherwise available.

C. Existing Pollutant Data from SIUs

    In order to obtain information on pollutants that occur in POTW 
discharges in low concentrations, permit writers could make use of 
information provided to POTWs by SIUs during the term of the existing 
permit. The Agency solicits comment on this approach, and is 
particularly interested in whether such information could be provided 
in lieu of requiring end-of-pipe effluent data for certain pollutants 
(e.g., dioxin, pesticides, or other organic chemicals received 
principally from industrial sources).

D. Ambient Data

    Another issue considered was whether or not to require POTWs to 
provide the results of ambient monitoring as part of the permit 
application. Although some have suggested that this information would 
be helpful for implementation of the watershed approach, States were 
generally opposed to requiring POTWs to collect ambient data. The view 
was expressed that it is the permitting authority's responsibility to 
collect this information, and not the POTW's responsibility to provide 
it. Nevertheless, the Agency is interested in soliciting comment as to 
whether such data should be required.

E. Bioaccumulation Data

    Although analytical methods to assess bioaccumulation in the 
aquatic biota are available, they are costly compared to approved test 
methods for pollutants in effluent. Since WET tests are an indirect 
indicator for human health risks, the Agency is not proposing to 
require bioaccumulation data from POTWs. However, such data are 
directly relevant to human health risk considerations. Therefore, the 
Agency solicits comment on whether to require bioaccumulation data. 
Because of cost considerations, the Agency also solicits comment as to 
what tradeoffs, in terms of other types of reporting, might make such 
an approach acceptable. 

[[Page 62566]]

4. Effluent Monitoring For Whole Effluent Toxicity
    As discussed in the background section, the July 24, 1990, 
amendments to the General Pretreatment Regulations require that certain 
POTWs provide the results of whole effluent biological toxicity testing 
as part of their NPDES permit application (40 CFR 122.21(j) (1)-(3)). 
Such testing was required to have been conducted since the last NPDES 
permit reissuance or permit modification, under 40 CFR 122.62(a), 
whichever occurred later.
    In today's proposed rule, EPA proposes to revise this provision. 
Proposed Sec. 122.21(j)(4) sets forth these revised requirements. 
First, all POTWs are required
FR Doc. 95-28213 National Pollutant Discharge Elimination System Permit Application Requirements for Publicly Owned Treatment Works and Other Treatment Works Treating Domestic Sewage
 to identify any biological tests the 
applicant believes to have been conducted within three years of the 
date of application.
    Second, as in the existing regulation, the following POTWs would be 
required to conduct and provide the results of whole effluent 
biological toxicity (WET) tests:
    (A) All POTWs with design influent equal to or greater than one 
million gallons per day;
    (B) All POTWs with approved pretreatment programs or POTWs required 
to develop a pretreatment program;
    (C) Other POTWs, as required by the Director, based upon 
consideration of the following factors:
    (1) The variability of the pollutants or pollutant parameters in 
the POTW effluent (based on chemical-specific information, the type of 
treatment facility, and types of industrial contributors);
    (2) The dilution of the effluent in the receiving water (ratio of 
effluent flow to receiving stream flow);
    (3) Existing controls on point or non-point sources, including 
total maximum daily load calculations for the water body segment and 
the relative contribution of the POTW;
    (4) Receiving stream characteristics, including possible or known 
water quality impairment, and whether the POTW discharges to a coastal 
water, one of the Great Lakes, or a water designated as an outstanding 
natural resource; or
    (5) Other considerations (including but not limited to the history 
of toxic impact and compliance problems at the POTW), which the 
Director determines could cause or contribute to adverse water quality 
impacts.
    The Agency specifically solicits comment on whether the requirement 
to conduct WET testing should be extended to other POTWs. The Agency is 
considering several options, including:
    (1) requiring all minor POTWs not covered under the above criteria 
to submit the results of a minimum of one WET test, so as to allow the 
permitting authority to scan for minor POTWs that may have toxicity 
problems; and
    (2) where a State has identified a watershed as a priority 
watershed, requiring one or more WET tests for all POTWs discharging to 
the watershed.
    Third, the Agency proposes to require WET tests for each outfall 
from the treatment works (not including CSOs), with exceptions for 
identical outfalls similar to those proposed for pollutant specific 
data, as discussed above. Proposed Sec. 122.21(j)(4) would require that 
data be separately provided for each outfall through which treated 
sanitary effluent is discharged to waters of the United States. EPA 
proposes to allow the applicant, where the POTW has two or more 
outfalls with substantially identical effluents discharging to the same 
receiving stream, and with the approval of the permitting authority on 
a case-by-case basis, to provide the results of WET testing from only 
one outfall as representative of all such outfalls. For outfalls to be 
considered substantially identical, they should at a minimum be located 
at the same treatment plant, be subject to the same level of treatment 
and have passed through the same types of treatment processes. The 
Agency solicits comment on this approach and, particularly, on whether 
WET test data should be separately collected from all such outfalls.
    The existing WET testing requirements do not specify the number or 
frequency of tests required, the number of species to be used, or 
whether to provide the results of acute or chronic toxicity tests. 
Proposed Sec. 122.21(j)(4) sets minimum reporting requirements of four 
quarterly tests for a year, using multiple species (no less than two 
species, e.g., fish, invertebrate, plant), and testing for acute or 
chronic toxicity, depending on the range of receiving water dilution. 
This proposal is based in part on Agency guidance, and in part on 
Agency experience in the implementation of that guidance.
    In March 1991, EPA issued guidance establishing Agency policy for 
WET testing protocols (see ``Technical Support Document for Water 
Quality-Based Toxics Control (1991),'' or ``TSD''). In that document, 
the Agency recommended ``as a minimum that three species (for example, 
a vertebrate, an invertebrate, and a plant) be tested quarterly for a 
minimum of a year'' (see, TSD p. 58). In making this recommendation, 
the Agency explained that the use of three species is more protective 
than two species since a wider range of species sensitivity can be 
measured. In practice, however, a number of permitting authorities are 
only requiring the use of two species. Since existing requirements for 
using three species are less common, the Agency proposes to require the 
use of ``multiple species.'' The Agency proposes this as a minimum 
requirement, and does not intend it as a change in the policy 
recommendations outlined in the TSD.
    In setting a minimum frequency of quarterly testing for a year, the 
Agency indicated that this was recommended to adequately assess the 
variability of toxicity observed in effluents, as follows:

    Below this minimum, the chances of missing toxic events 
increase. The toxicity test result for the most sensitive of the 
tested species is considered to be the measured toxicity for a 
particular effluent sample.
    The data generation recommendations * * * represent minimum 
testing requirements. Since uncertainty regarding whether or not an 
effluent causes toxic impact is reduced with more data, EPA 
recommends that this test frequency be increased where necessary to 
adequately assess effluent variability. If less frequent testing is 
required in the permit, it is preferable to use three species tested 
less frequently than to test the effluent more frequently with only 
a single species whose sensitivity to the effluent is not well 
characterized. (TSD, p. 59)

    It is the Agency's understanding that many permitting authorities 
currently require quarterly testing. While other permitting authorities 
require less frequent monitoring, at least from some facilities, in 
many instances such information is being collected on a yearly basis. 
This proposal would only require one cycle of quarterly testing within 
three years of the date of the permit application (i.e., only once in 
five years). The Agency solicits comment on whether this is an 
appropriate frequency, and specifically whether permitting authorities 
should be allowed to waive quarterly testing on a case-by-case basis. 
Commenters should indicate what specific criteria would have to be met 
for such a waiver.
    The current whole effluent toxicity testing requirements, at 
Sec. 122.21(j), do not specify whether applicants should test for acute 
or chronic toxicity. An acute toxicity test is defined as a test of 96-
hours or less in duration in which lethality (of the test organism) is 
the measured endpoint. A chronic toxicity test is defined as a long-
term test in which sublethal effects, such as fertilization, growth, 
and reproduction, are usually measured, in addition to lethality. (TSD, 
p.4.) 

[[Page 62567]]

    The Agency proposes that testing for acute or chronic toxicity be 
based upon the ratio of receiving water to effluent at the edge of the 
mixing zone. The term ``mixing zone'' refers to an area around an 
outfall within which a State may allow ambient concentrations above 
water quality criteria levels. States may have two or more mixing zones 
(e.g., an acute mixing zone, beyond which acute criteria must be met, 
and a chronic mixing zone, beyond which chronic criteria must be met). 
Not all States allow calculation of effluent limitations using mixing 
zones, and mixing zones are not universally allowed by States that do 
allow use of mixing zones. For purposes of determining whether acute or 
chronic toxicity testing is appropriate, the ratio of receiving water 
to effluent should be considered at the point nearest to the outfall 
where water quality criteria are required to be met. This proposal 
incorporates the recommendations of the 1991 TSD, which stated that 
applicants should conduct acute or chronic testing based upon the 
following dilutions:
    (A) Acute toxicity testing if the dilution of the effluent is 
greater than 1000:1 at the edge of the mixing zone;
    (B) 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 of this range 
(1000:1), and chronic testing may be more appropriate at the lower end 
of this range (100:1); and
    (C) Chronic testing if the dilution of the effluent is less than 
100:1 at the edge of the mixing zone. (See TSD, pp. 58-59.) In order to 
determine the proper dilution ratio, measurement should be made at the 
point where chronic criteria apply. Thus, where there is a chronic 
mixing zone, the dilution ratio should be measured at the edge of the 
chronic mixing zone. It may be inappropriate to use an acute test if 
there is too little dilution.
    Although the Agency is not proposing to require that applicants 
follow these recommendations, the Agency believes that they are 
reasonable, based on the discussion in the TSD. For example, with 
regard to the use of chronic toxicity testing where the dilution ratio 
falls below 100:1, the Agency stated, ``[t]he rationale for this 
recommendation is that chronic toxicity has been observed in some 
effluents down to the 1.0 percent effect concentration. Therefore, 
chronic toxicity tests, although somewhat more expensive to conduct, 
should be used directly in order to make decisions about toxic 
impact.'' (TSD, p. 59.) The Agency solicits comment as to whether these 
recommendations should instead be added as requirements in the final 
rule.
    The whole effluent toxicity testing requirements that currently 
exist, at Sec. 122.21(j), do not specify which information must be 
reported as a result of such testing. To clarify reporting requirements 
for the applicant and the permit writer, EPA today proposes specific 
reporting requirements in Sec. 122.21(j)(4). First, applicants required 
to perform WET tests under the proposed rule are required to indicate 
the number of tests performed since permit reissuance and since any 
modification of the permit pursuant to 40 CFR 122.62(a). It is up to 
the permitting authority to determine whether previously submitted 
results provide the equivalent of the information proposed to be 
required. Proposed Sec. 122.21(j)(4)(v) sets forth in detail the 
information that the Agency believes will provide the permit writer 
with adequate information to determine whether the test was conducted 
in accordance with EPA methods and protocols and whether the reported 
results are otherwise valid. The Agency solicits comment on whether the 
information requested is the proper information to require or whether 
other information should be required, including for purposes of quality 
assurance. As in the current regulatory requirements, in conducting the 
testing, applicants must use EPA-approved methods. The Agency solicits 
comment on this approach.
    Where biomonitoring data have been submitted to the permitting 
authority within three years of the permit application, applicants 
would be required to provide the dates on which such data were 
submitted and a summary of the results of each such test. Where any WET 
test conducted within three years prior to the permit application 
reveals toxicity, proposed Sec. 122.21(j)(4)(vi) would require that 
applicants, at a minimum, provide any information they may have on the 
cause of toxicity. Further, applicants would be required to provide 
written details of any toxicity reduction evaluation conducted. 
Toxicity reduction evaluations (TREs) are used to investigate the 
causes and sources of toxicity and identify the effectiveness of 
corrective actions to reduce it. The purpose of a TRE is to help bring 
dischargers into compliance with water quality-based whole effluent 
toxicity requirements where monitoring indicates unacceptable effluent 
toxicity. The permitting authority may require a permittee to conduct a 
TRE in those cases where the discharger is unable to adequately explain 
and immediately correct non-compliance with a whole effluent toxicity 
permit limit or requirement. TREs may be required of permittees under 
existing permits or through a variety of other legally binding 
mechanisms. Since the results from TREs may have considerable impact in 
the evaluation of municipal permit applications, this kind of 
information would need to be available to the permit writer. It is 
recommended that applicants conducting a TRE at the time of permit 
application would provide a brief summary of the status and results 
from the ongoing TRE.
    The Agency solicits comment on all of the above proposed revisions 
to the existing WET test requirements.
5. Industrial Discharges, Pretreatment, and RCRA/CERCLA Waste
    Today's proposed rule would require applicants to provide 
information on industrial (non-domestic) discharges to the POTW, 
particularly discharges from significant industrial users (SIUs). This 
information is to be required by proposed Sec. 122.21(j)(5).
    Proposed Sec. 122.21(j)(5)(i) would require the applicant to list 
the total number of significant industrial users (SIUs) and categorical 
industrial users discharging to the POTW, to estimate the average daily 
flow from these users and from all industrial (non-domestic) users, and 
to estimate the percent of total influent contributed by each class of 
users. This information provides the permit writer with a means of 
determining the relative impact, individually and collectively, of 
industrial contributions to the POTW.
    As defined in 40 CFR 403.3, the term ``industrial user'' means ``a 
source of indirect discharge,'' which in turn is defined as the 
introduction of pollutants into a POTW from any non-domestic source 
regulated under sec. 307(b), (c), or (d) of the CWA. In general, this 
term encompasses industrial and commercial sources of toxic pollutants 
discharging to POTWs. Commercial entities such as hospitals, nursing 
homes, restaurants, offices, and stores may be included.
    A categorical industrial user is any discharger subject to 
categorical pretreatment standards under 40 CFR 403.6 and 40 CFR 
Chapter I, Subchapter N. ``Significant industrial user'' is defined at 
40 CFR 403.3(t) as any categorical industrial user and any other 
industrial user that:
    (1) discharges an average of 25,000 gallons per day or more of 
process wastewater to the POTW (excluding sanitary, non-contact cooling 
and boiler blowdown wastewater);
    (2) contributes a process wastestream which makes up 5 percent or 
more of 

[[Page 62568]]
the average dry weather hydraulic or organic capacity of the POTW; or
    (3) is designated as such by the control authority (40 CFR 
403.12(a)) because of a reasonable potential to adversely affect the 
POTW's operation or violate pretreatment requirements.
    Proposed Sec. 122.21(j)(5)(ii) would require POTWs with approved 
pretreatment programs to describe any substantial modifications to the 
POTW's pretreatment program that have not yet been approved in 
accordance with 40 CFR 403.18. EPA is considering revising the 
pretreatment regulations to streamline approved program requirements. 
Such revisions may make the need for this information unnecessary.
    Proposed Sec. 122.21(j)(5)(iii) would require information on 
individual significant industrial users (SIUs) discharging to POTWs. 
This provision is similar to questions currently found on Standard Form 
A. The Agency desires to incorporate into the final rule provisions 
that reduce duplication of effort. One possible way is to allow the 
applicant to reference substantially similar information about SIUs 
previously submitted to the permitting authority rather than to 
resubmit the information. The Agency solicits comments on using this 
approach in the final rule and suggestions of other possible options. 
EPA is also considering whether to waive, either entirely or on a case-
by-case basis, such reporting for any POTW with an approved 
pretreatment program under 40 CFR Part 403 that submits an annual 
report within the year preceding its application to the extent that the 
annual report contains information equivalent to that required in 
proposed Section M. The Agency solicits comment on this question.
    The proposed provision requires POTWs to provide the following 
information for each SIU: Name and mailing address, description of the 
industrial processes affecting the discharge, principal products and 
raw materials, average daily volume of process and non-process 
wastewater discharged, and whether the SIU is subject to local limits 
or categorical pretreatment standards. The description of each SIU's 
industrial activity and its principal products and raw materials alerts 
the permit writer to the potential presence of pollutants in the 
discharge in concentrations that may be of concern to the POTW, and can 
be useful in establishing permit limits. Information on the average 
daily volume of process wastewater discharged helps the permit writer 
to estimate pollutant loads to the POTW. Knowing the volume of non-
process wastewater discharged will alert both the permit writer and the 
POTW to the possibility of hydraulic overload to the system, and will 
help the POTW minimize such occurrences.
    Currently, Standard Form A requires the applicant to identify the 
quantities of product manufactured and raw materials used by each SIU. 
The Agency is not proposing to require this information in today's 
proposal because neither the amount of production nor the amount of raw 
materials used necessarily correlates directly to the toxicity of the 
waste stream. For example, the SIU might use all of the raw material 
and release little into the waste stream. The Agency is instead 
requesting a narrative description of products and raw materials 
involved in the industrial activity.
    Standard Form A also requires the applicant to characterize each 
SIU's industrial discharge. Although this information may be necessary 
to establish permit limits at some POTWs, this question appears to be 
unnecessary. In many cases, the permit writer is able to determine 
parameters of concern from the principal products and raw materials for 
that industrial user. In other cases the permit writer may request this 
information on a case-by-case basis.
    The proposed provision would also require the applicant to describe 
any problems at the POTW attributable to wastewater discharged by SIUs. 
Identification of such problems is necessary to set permit limits for 
pollutants that the POTW might not adequately remove, and should lead 
to other strategies for control of toxic pollutants, such as: more 
stringent local limits or other pretreatment requirements; best 
management practices, if the toxic pollutants appear to be from diffuse 
sources; or toxicity reduction evaluations (TREs), if toxicity testing 
shows that the effluent causes an excursion above water quality 
standards in the receiving stream. Instances of pass through and 
interference identified in this step will alert the permit writer to 
violations of the POTW's NPDES permit.
6. Discharges From Hazardous Waste Sources
    Proposed Sec. 122.21(j)(6) would require applicants to provide 
general information concerning discharges of RCRA hazardous wastes to 
POTWs and discharges from hazardous waste cleanup or remediation sites. 
The purpose of this information is to alert the permit writer to 
potential concerns regarding the constituents of such discharges.
    Proposed Sec. 122.21(j)(5)(i) would require the applicant to 
provide information about any hazardous wastes, as defined under 
Subtitle C of the Resource Conservation and Recovery Act (RCRA), or 
authorized State law, that are delivered to the facility by truck, 
rail, or dedicated pipe. This requirement does not apply to RCRA 
hazardous wastes discharged to a sewer system that mix with domestic 
sewage before reaching the POTW, because the Domestic Sewage Exclusion 
(sec. 1004(27) of RCRA) provides that solid or dissolved material in 
domestic sewage is not solid waste as defined in RCRA, and therefore is 
not a hazardous waste.
    If the POTW receives RCRA hazardous waste by truck, rail, or 
dedicated pipe, the applicant must list, for each waste received, the 
hazardous waste number, quantity, and method by which it is received. 
The permit writer would use this information to coordinate appropriate 
RCRA requirements including, where appropriate, additional permit terms 
to address such requirements. In addition, this information will enable 
permitting authorities to identify potential impacts in the POTW's 
discharge.
    In order to establish appropriate permit requirements, the permit 
writer also needs to be aware of wastewaters discharged to the POTW 
that originate from remedial activities conducted under the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA), the RCRA corrective action program, or other authorities. 
POTWs are sometimes used for the disposal of wastewaters generated 
during remediation of CERCLA (Superfund) sites or during RCRA 
corrective action activities at industrial facilities. Paragraphs (ii)-
(iv), in proposed Sec. 122.21(j)(6), would require the applicant to 
identify wastewaters from remedial activities known or expected to be 
received during the life of the permit, the origin of such wastes and 
the treatment, if known, that such wastes receive prior to entering the 
POTW. This information is intended to help the permit writer decide 
whether to establish additional monitoring or permit requirements for 
the effluent and sewage sludge.
7. Combined Sewer Overflows
    In developing permit requirements to meet BAT/BCT using BPJ and to 
meet applicable water quality standards for CSO discharges, the permit 
writer requires certain information. To ensure that the permit writer 
has the necessary 

[[Page 62569]]
information, EPA proposes to require information that reflects the 
Agency's 1994 CSO Control Policy (see discussion in background 
section). This paragraph is intended to complement, and not overlap, 
other reporting that POTWs may be required to provide by the NPDES 
authority in accordance with the CSO Control Policy.
    Proposed Sec. 122.21(j)(7)(i) would require information about the 
combined sewer system (CSS), including a system map and system diagram 
that describe the relevant features of the system. Applicants are also 
required to identify the number of CSO discharge points to be covered 
by the permit application. Because municipalities with CSOs often have 
more than one treatment plant, different POTW permits may include 
different outfalls from their CSS.
    Similarly, proposed Sec. 122.21(j)(7)(ii) would require that 
applicants provide information on each outfall specifically covered by 
the application. This includes some locational information similar to 
that for outfalls of treated effluent in proposed Sec. 122.21(j)(2), 
paragraphs (i) and (ii). As discussed previously, this sort of 
locational data is consistent with Agency policy concerning the 
reporting of such information. It also provides permitting authorities 
with a means of locating dischargers within the U.S. Soil Conservation 
Service watershed categorization system, a State's river basin 
categorization system, and the U.S. Geological Survey cataloging 
scheme.
    This provision would also require information about any monitoring 
conducted on the outfall by the applicant and any CSO incidents that 
occurred in the year previous to the permit application. Finally, 
proposed Sec. 122.21(j)(7)(ii)(E) would require the permittee to 
identify any significant industrial users (see discussion on 
pretreatment and industrial user information) that contribute to the 
CSO and to describe any known water quality impacts, such as beach or 
shellfish bed closings and fish kills. The Agency considers this to be 
a minimal amount of information to be provided to the permit writer, 
inasmuch as the permit writer must have adequate information to 
specifically authorize discharges at each of the identified outfalls.
8. Contractors
    Proposed Sec. 122.21(j)(8) would require the applicant to identify 
all contractors responsible for any operation or maintenance aspects of 
the POTW and to specify such contractors' responsibilities. This 
information enables the permit writer to determine who has primary 
responsibility for the operation and maintenance of the POTW, and thus 
determine whether a contractor should be included on the permit as a 
co-permittee.
9. Certification
    Proposed Sec. 122.21(j)(9) would require the signature of a 
certifying official in compliance with 40 CFR 122.22, which requires 
the signature of a certifying official on all NPDES applications. The 
certification would apply to all attachments identified on the 
application form, as well as any others included by the applicant.
10. Revision to Pretreatment Program Requirements
    Existing Sec. 122.21(j)(iv) requires applicants with a pretreatment 
program to provide a technical evaluation of the need to revise local 
limits, under 40 CFR 403.5(c)(1). Since 1990, when that requirement was 
promulgated, the Agency has received numerous requests to change the 
provision to make it effective after the date of permit issuance. The 
concern has been raised that a POTW most needs to review its local 
limits after permit reissuance, when new permit limits are in place, 
rather than prior to permit reissuance.
    The Agency agrees with these comments and proposes to make this 
change. In order to be clear, the provision has been reworded and is 
proposed to be moved to 40 CFR 403.8(f)(4), with the existing POTW 
pretreatment program requirements. The Agency solicits comment on this 
approach.

C. Application Requirements for TWTDS (40 CFR 122.21(q))

    Under Sec. 122.21(d)(3)(ii), POTWs and other treatment works 
treating domestic sewage (TWTDS) are currently required to submit the 
sewage sludge information listed at Sec. 501.15(a)(2) with their permit 
applications. Today EPA proposes regulatory language at Sec. 122.21(q) 
to update the information that must be reported. Proposed revised 
Sec. 501.15(a)(2) would reference the requirements of proposed 
Sec. 122.21(q). EPA also proposes a new form, Form 2S, for collection 
of this information. Section (q) would require all TWTDS, except 
``sludge-only'' facilities, to report information regarding sewage 
sludge generation, treatment, use, and disposal. The permitting 
authority may also require a ``sludge-only'' facility to submit a 
permit application containing this information. These proposed new 
requirements are intended to clarify existing sewage sludge application 
requirements, as necessary to implement the Agency's Part 503 standards 
for sewage sludge use or disposal.
    As with the proposed POTW application requirements, the Agency does 
not wish to require redundant reporting by TWTDS. Thus, the Agency is 
proposing to allow a waiver for information required to be reported 
under Sec. 122.21(q) similar to that proposed for Sec. 122.21(j). This 
would allow the Director to waive any requirements in proposed 
paragraph (q) if the Director has access to substantially identical 
information. The Agency solicits comment on this approach and the 
proposed conditions for allowing such a waiver.
    Also as with the proposed POTW application requirements, the Agency 
also solicits comment on ways to allow the permit writer or permitting 
authority discretion in waiving particular information where the 
permitting authority determines that such information is not necessary 
for the application. In other words, there may be flexible ways to look 
at each applicant in light of the overall ``matrix of characteristics'' 
regarding a particular facility. Where, for example, historical data 
indicate that additional sampling is not warranted unless other 
conditions have changed, the Agency is considering waiving such 
sampling. Such flexibility would involve a holistic approach to 
implementing these proposed requirements, and the Agency solicits 
comment as to ways in which it could be accomplished without making 
these provisions entirely discretionary, so that one could predict the 
exercise of discretion. This might be particularly relevant on the 
second and subsequent rounds of permitting under these proposed 
provisions. The Agency also seeks comment on what information might be 
appropriate and what information might be inappropriate for such 
waivers.
1. Facility Information
    Proposed Sec. 122.21(q)(1) would require summary information on the 
identity, size, location, and status of the facility. Proposed 
paragraph (ii) would request that the facility location be described by 
latitude and longitude to the nearest second. This information meets 
the specifications of EPA's Locational Data Policy and supports the 
Watershed Protection Approach, by providing permit writers and other 
Federal and State environmental managers with a means of geographically 
locating potential sources of polluted runoff. EPA believes that this 
change would 

[[Page 62570]]
merely clarify, without expanding, an existing reporting requirement.
2. Applicant Information
    Proposed Sec. 122.21(q)(2) would require information concerning the 
identity of the applicant and its status as a Federal, State, private, 
public, or other entity.
3. Permit Information
    Proposed Sec. 122.21(q)(3) restates the Sec. 501.15(a)(2)(v) 
requirement that the applicant list the facility's NPDES permit number 
and any other permit numbers or construction approvals received or 
applied for under various authorities.
4. Federal Indian Reservations
    Proposed Sec. 122.21(q)(4) clarifies existing 
Sec. 501.15(a)(2)(iv), which asks only ``whether the facility is 
located on Indian Lands.'' A sewage sludge use or disposal permit, 
however, may cover activities occurring beyond the boundaries of the 
``facility.'' Therefore, the proposed paragraph asks whether any 
generation, treatment, storage, land application, or disposal of sewage 
sludge occurs on a Federal Indian Reservation. EPA believes that this 
information will better enable the permit writer to identify the proper 
permitting authority and applicable requirements.
5. Topographic Map
    Proposed Sec. 122.21(q)(5) would require the applicant to submit 
the following information on a topographic map (or maps) depicting the 
area one mile beyond the property boundaries of the TWTDS: All sewage 
sludge management facilities, all water bodies, and all wells used for 
drinking water listed in public records or otherwise known to the 
applicant within 1/4 mile of the property boundaries. This proposed 
requirement is different from the existing topographic map requirement 
at Sec. 501.15(a)(2)(vi) in that the proposed requirement asks for 
information on use and disposal sites rather than just disposal sites. 
EPA believes that it is just as important to get information on land 
application sites as on disposal sites. Neither the existing nor the 
proposed requirements request a map for sites that extend more than a 
mile beyond the TWTDS's property boundary. The permitting authority 
could request maps of all use or disposal sites if they believe that 
this information is necessary to develop adequate permits. EPA requests 
comments on whether maps should be required for all use or disposal 
sites, or whether this requirement should be modified in some other 
way.
6. Sewage Sludge Handling
    Proposed Sec. 122.21(q)(6) would require the applicant to prepare a 
flow diagram, and/or a narrative description that identifies all sewage 
sludge management practices (including on-site storage) to be employed 
during the life of the permit. EPA believes that this information is 
necessary because the applicant may employ sewage sludge management 
practices not covered under the more specific questions proposed in 
today's rule. To draft a complete permit, the permit writer must be 
aware of all sewage sludge storage, use, or disposal practices that may 
have an adverse affect on public health and the environment. EPA 
requests comments on whether more specific information about on-site 
and off-site storage of sewage sludge should be required of permit 
applicants.
7. Sewage Sludge Quality
    Currently, Sec. 501.15(a)(2)(vii) requires applicants to report 
``any sludge monitoring data the applicant may have.'' However, this 
requirement neither identifies the parameters that must be reported nor 
provides a mechanism for reporting this information. Proposed Form 2S 
and Sec. 122.21(q)(7) would address this need by requiring monitoring 
data for specific parameters in sewage sludge that is used or disposed.
    Proposed paragraph (i) of Sec. 122.21(q)(7) would require all Class 
I sludge management facilities to submit the results of at least one 
toxicity characteristic leaching procedure (TCLP) conducted during the 
last five years to determine whether the sewage sludge is a hazardous 
waste. The TCLP is described in 40 CFR Part 261, Appendix II, and is a 
method for determining whether a solid waste exhibits the 
characteristic of toxicity, in accordance with 40 CFR 261.24. 40 CFR 
Part 503 does not establish requirements for the use or disposal of 
sewage sludge determined to be hazardous under the procedures in 
Appendix II of 40 CFR Part 261 and Sec. 261.24. Hazardous sewage sludge 
must be used or disposed of in accordance with the hazardous waste 
regulations in 40 CFR Parts 261-268, or authorized State law. Using the 
results of the hazardous waste test, the permitting authority will 
determine which requirements apply to the use or disposal of the 
applicant's sewage sludge. EPA requests comments on whether facilities 
should be allowed to use a method other than a TCLP to show that their 
sewage sludge is non-hazardous and whether non-Class I sludge 
management facilities should be required to perform a TCLP.
    Proposed paragraph (ii) of Sec. 122.21(q)(7) would require all 
applicants to submit data on individual pollutants in the sewage 
sludge. Existing data could be submitted if it were two years old or 
less. EPA is proposing a two-tier approach for collection of pollutant 
data that is based on whether the treatment works has an industrial 
wastewater pretreatment program.
    Under the two-tier approach, Class I sludge management facilities 
would submit sewage sludge data for the pollutants listed in proposed 
40 CFR Part 122, Appendix J, Table 2 (``Effluent and Sewage Sludge 
Parameters for Selected POTWs and Treatment Works Treating Domestic 
Sewage'') and Table 3 (``Other Effluent and Sewage Sludge Parameters 
for Treatment Works Treating Domestic Sewage and Selected POTWs'') and 
for other selected pollutants, as part of the application for a permit 
for the use or disposal of sewage sludge. Other TWTDS would be required 
to submit data for the pollutants regulated in Part 503 and for other 
selected pollutants.
    a. Class I sludge management facilities. A Class I sludge 
management facility is any POTW required to have an approved 
pretreatment program under 40 CFR 403.8(a) and any TWTDS classified as 
a Class I sludge management facility because of the potential for the 
TWTDS's sewage sludge use or disposal practice to affect public health 
and the environment adversely. Under today's proposal a Class I sludge 
management facility would submit sewage sludge concentration data for 
all the priority pollutants, except asbestos, as listed in Tables 2 and 
3 of Appendix J; for the Part 503 pollutants; and for total kjeldahl 
nitrogen (TKN), ammonia, nitrate, and phosphorus (total).
    EPA is proposing to require Class I sludge management facilities to 
submit data on the priority pollutants because they are known to have 
adverse effects on human health and the environment and are of concern 
to the general public. Since sewage sludge from Class I sludge 
management facilities has an industrial component, it is important to 
reassure the public that this sewage sludge will not cause harm if it 
is used or disposed according to Part 503. A pollutant scan every five 
years should help promote the beneficial use of sewage sludge by 
demonstrating its quality. If any pollutants that are not regulated by 
Part 503 show up in the scan, the results would enable the permitting 
authority to determine whether additional permit 

[[Page 62571]]
conditions (i.e., in addition to the requirements in Part 503) are 
necessary to protect public health and the environment.
    Many Class I sludge management facilities are already required by 
their pretreatment program to monitor their sewage sludge for these 
pollutants. In addition, many State sewage sludge programs require 
monitoring for some or all of these pollutants. EPA seeks comments on 
this approach.
    Section 405(d) of the CWA contemplates a phased approach to 
establishing numerical limits for pollutants in sewage sludge that is 
used or disposed. Moreover, sec. 405(d)(2)(D) of the CWA provides that 
``[f]rom time to time, but not less often than every 2 years, the 
Administrator shall review the regulation * * * for the purpose of 
identifying additional pollutants and promulgating regulations for such 
pollutants * * *.''
    The Standards for the Use or Disposal of Sewage Sludge that were 
published on February 19, 1993, constitute Round One of EPA's sewage 
sludge standards program. The Agency has identified a tentative list of 
pollutants for which limits will be established in a Round Two 
regulation (i.e., an amendment to the Round One regulation) and has 
announced a tentative schedule for the publication of that amendment.
    Pollutants on the tentative list for the Round Two regulation 
include acetic acid (2,4,-dichlorophenoxy), aluminum, antimony*, 
asbestos, barium, beryllium*, boron, butanone (2-), carbon disulfide, 
cresol (p-), cyanide (soluble salts and complexes)*, dioxin/
dibenzofuran (all monochloro to octochloro congeners), endsulfan-II, 
fluoride, manganese, methylene chloride*, nitrate*, nitrite*, 
pentachloronitrobenzene, phenol*, phthalate (bis-2-ethylhexyl)*, 
polychlorinated biphenyls (co-planar), propanone (2-), silver*, 
thallium*, tin, titanium, toluene*, trichlorophenoxyacetic acid (2,4,5-
), trichlorophenoxypropionic acid ([2-(2,4,5-)], and vanadium. EPA has 
indicated that it retains the discretion either to add to or delete 
pollutants from the above list of pollutants.
    The Agency is considering adding the above pollutants to the list 
of pollutants for which data have to be submitted by Class I sludge 
management facilities with a permit application. Eleven of the above 
pollutants are included in Tables 2 or 3 of proposed Appendix J or are 
nutrients (see pollutants marked with an asterisk). Therefore, this 
approach would require that Class I sludge management facilities submit 
data for 20 additional pollutants. The Agency requests comments on this 
proposal.
    b. All TWTDS. Part 503 contains pollutant limits for ten inorganic 
pollutants for sewage sludge that is land applied (subpart B), three 
inorganic pollutants for sewage sludge placed on an unlined surface 
disposal site (subpart C), and five inorganic pollutants for sewage 
sludge fired in a sewage sludge incinerator (subpart E). There are no 
pollutant limits in Part 503 for sewage sludge placed on a lined 
surface disposal site or for sewage sludge placed in a municipal solid 
waste landfill unit.
    The pollutants for which limits are included in Part 503 are 
arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel, 
selenium, and zinc. Part 503 also contains an operational standard for 
pathogens (i.e., fecal coliform, Salmonella sp. bacteria, enteric 
viruses, and viable helminth ova) and for total hydrocarbons (THC). The 
operational standards for pathogens are values that can not be exceeded 
in sewage sludge and the operational standard for THC is a value that 
can not be exceeded in the air emissions for a sewage sludge 
incinerator stack.
    With today's rulemaking, EPA proposes that applicants for a sewage 
sludge use or disposal permit submit sewage sludge concentration data 
for all of the Part 503 inorganic pollutants. The permitting authority 
needs to determine whether a TWTDS can change its use or disposal 
practice if the need arises. Data for all of the Part 503 pollutants 
will help the permitting authority make that determination.
    The Agency is aware that many TWTDS employ only one sewage sludge 
use or disposal practice, and that such treatment works may object to 
submitting data for pollutants that are not regulated for that 
practice. Nevertheless, EPA believes that the additional information 
burden to collect and submit data for all of the Part 503 pollutants is 
offset by the value of the data to the permitting authority. The Agency 
solicits comments on whether an applicant should be required to submit 
data only for the pollutants regulated for the TWTDS's use or disposal 
practice.
    As indicated previously, EPA also proposes that all applicants 
submit sewage sludge data for TKN, ammonia, nitrate-nitrogen, and total 
phosphorus with a permit application. In addition, the percent solids 
of the sewage sludge that is used or disposed of would have to be 
reported. Percent solids is required to ensure that all sewage sludge 
data can be converted to dry weight values.
    Information on the nitrogen and phosphorus content of sewage sludge 
is needed for several reasons. One important use of the nitrogen data 
is to help the permit writer to evaluate the design of the agronomic 
rate for a land application site. Part 503 requires that sewage sludge 
be land applied at a rate that is equal to or less than the agronomic 
rate for the application site. The Agency also can use the data on 
nutrients in sewage sludge in future considerations as to whether to 
establish limits for nitrogen and phosphorus in sewage sludge.
    The Agency is also considering adding certain pathogens to the list 
of pollutants for which data would be required with an application. 
These include Salmonella sp. bacteria, enteric viruses, and viable 
helminth ova. Part 503 contains density levels for these microorganisms 
that cannot be exceeded in sewage sludge that is used or disposed. In 
addition to pathogens, the Agency is also considering requesting data 
for fecal coliform, which is used in Part 503 as a pathogen indicator. 
The permitting authority would use these data to determine whether the 
sewage sludge meets the Class A or Class B pathogen requirements in 
Part 503. Pathogen data only would have to be submitted by persons who 
land apply or place sewage sludge in a surface disposal site. EPA is 
seeking comments on this issue as part of today's proposal.
    Results of current efforts within the Agency may require that 
limits be established prior to the Round Two sewage sludge regulation, 
for dioxin/dibenzofuran and co-planar polychlorinated biphenyls (PCBs) 
in sewage sludge that is used or disposed. Dioxin/dibenzofuran is a 
carcinogen that is highly toxic in low concentrations. Because the 
chemical structure of co-planar PCBs is similar to the chemical 
structure of dioxin/ dibenzofuran, they are expected to have similar 
human health effects (i.e., toxic in low concentrations). Data for 
these two pollutants could be used to develop Part 503 limits for these 
pollutants or to evaluate the Part 503 limits. For this reason, the 
Agency is considering requesting all TWTDS to submit data for these 
pollutants with a sewage sludge permit application. EPA seeks comments 
on whether TWTDS who are not Class I sludge management facilities 
should be required to submit data on these two pollutants.
8. Requirements for a Person Who Prepares Sewage Sludge
    Proposed Sec. 122.21(q)(8) identifies permit application 
information that a person who prepares sewage sludge for 

[[Page 62572]]
use or disposal would be required to submit. A ``person who prepares,'' 
as defined at 40 CFR 503.9(r), is ``either the person who generates 
sewage sludge during the treatment of domestic sewage in a treatment 
works or the person who derives a material from sewage sludge.'' This 
section would thus pertain to any POTW or other treatment works that 
generates sewage sludge. It also would include facilities (such as 
composting operations) that receive sewage sludge from another facility 
and then derive a material from that sewage sludge.
    Paragraphs (i) and (ii) of proposed Sec. 122.21(q)(8) would request 
information on the amount of sewage sludge ``prepared'' at the 
facility. This includes the amount generated (paragraph (i)) plus any 
other amount that is received from off-site (paragraph (ii)). These 
paragraphs are intended to clarify the existing requirement at 
Sec. 501.15(a)(2)(x), which tells the applicant to report annual sludge 
production volume. Paragraph (ii) would also solicit information on 
sewage sludge treatment practices at any off-site facility from which 
sewage sludge is received. The off-site facility providing the sewage 
sludge is, by definition, also a ``person who prepares,'' and, 
therefore, would also be subject to sludge permitting requirements. EPA 
believes that information on the delivering facility enables the permit 
writer to assess the quality of sewage sludge received by the 
applicant. It also fosters more appropriate allocation of permit 
requirements between the applicant's facility and an off-site ``person 
who prepares.''
    As in the case of the Municipal Application regulations, the Agency 
desires to incorporate into the final rule provisions that reduce 
duplication of effort. One possible way is to allow the applicant to 
reference substantially similar information previously submitted to a 
permitting authority rather than resubmit the information. The Agency 
solicits comments on using this approach in the final rule and 
suggestions of other possible options.
    Before sewage sludge is applied to the land or placed on an active 
sewage sludge unit, it must meet the requirements for pathogen 
reduction in Sec. 503.32 and for vector attraction reduction in 
Sec. 503.33. Therefore, paragraph (iii) of proposed Sec. 122.21(q)(8) 
would request information on sewage sludge treatment processes at the 
applicant's facility, including pathogen or vector attraction reduction 
processes. The permit writer needs to know whether pathogen and vector 
attraction reduction requirements are met at the applicant's facility 
and thus should be addressed in the applicant's permit. If these 
requirements are not met by the applicant, pathogen and vector 
attraction reduction must be met by a subsequent ``person who 
prepares'' or the owner/operator of a surface disposal site.
    ``Exceptional quality'' (EQ) sewage sludge must meet the ceiling 
concentrations in 40 CFR 503.13(b)(1), the pollutant concentrations in 
Sec. 503.13(b)(3), the Class A pathogen requirements in Sec. 503.32(a), 
and one of the vector attraction reduction requirements in Sec. 503.33 
(b)(1) through (b)(8). Because of its high quality, ``EQ'' sewage 
sludge is not subject to the general requirements of Sec. 503.12 or the 
management practices of Sec. 503.14. Therefore, fewer permitting and 
permit application requirements pertain to facilities generating such 
sewage sludge. Proposed paragraph (iv) of Sec. 122.21(q)(8) would ask 
for the amount of sewage sludge that is applied to the land. EPA 
believes that this information is all that is needed to develop sewage 
sludge conditions for such a facility. Under paragraph (iv), the 
applicant would not need to provide the other, more-detailed, 
information in proposed Sec. 122.21(q)(8) paragraphs (v) and (vi) for 
sewage sludge meeting ``EQ'' criteria.
    The existing requirement at Sec. 501.15(a)(2)(viii) asks for the 
``name of any distributors when the sludge will be disposed of through 
distribution and marketing.'' This requires the names of any facilities 
that sell or give away ``EQ'' sewage sludge. EPA believes that ``EQ'' 
sewage sludge should be treated similarly to other fertilizers. Thus, 
the Agency believes that the names of distributors should not be 
required and is proposing to delete the requirement at 
Sec. 501.15(a)(2)(viii). The Agency seeks comments on this approach.
    Paragraph (v) of proposed Sec. 122.21(q)(8) would seek information 
on sewage sludge that is not ``EQ,'' but is nevertheless placed in a 
bag or other container for sale or give-away for application to the 
land. Under Part 503, such sewage sludge must meet the Class A pathogen 
requirements in Sec. 503.32(a) and one of the vector attraction 
reduction requirements in Sec. 503.33(b)(1) through (8). In addition, 
the sewage sludge must meet either the pollutant concentrations in 
Table 3 of Sec. 503.13 or the annual pollutant loading rates (APLRs) in 
Table 4 of Sec. 503.13. If this sewage sludge meets the Table 3 
pollutant concentrations, it is ``EQ'' sewage sludge and thus would be 
subject to proposed paragraph (iv). Proposed paragraph (v) would only 
apply to sewage sludge subject to the Table 4 APLRs that is placed in a 
bag or other container for application to the land. EPA proposes to 
require that the applicant employing this type of sewage sludge use 
provide the volume of sewage sludge placed in bags or other containers 
and a copy of all labels or notices that accompany the product being 
sold or given away.
    Paragraph (vi) of proposed Sec. 122.21(q)(8) would seek information 
about any other ``person who prepares'' who receives sewage sludge from 
the applicant's facility. This information helps the permit writer to 
identify which permit requirements should apply to the applicant and 
whether the subsequent preparer needs to obtain a permit. Paragraphs 
(C) and (E) of proposed paragraph (vi) would provide the permit writer 
with necessary information on the quality of the sewage sludge that is 
ultimately land applied. This information also enables the permit 
writer to identify activities of the subsequent ``person who prepares'' 
that may subject the applicant to additional regulation or permit 
requirements. Therefore, these requirements would ensure that the 
sewage sludge will meet all applicable Part 503 requirements at the 
time of land application, regardless of the number of parties involved. 
One possible way to obtain this information is to allow the applicant 
to reference substantially similar information previously submitted to 
a permitting authority rather than resubmit the information. The Agency 
solicits comments on using this approach in the final rule and 
suggestions of other possible options.
9. Land Application of Bulk Sewage Sludge
    Proposed Sec. 122.21(q)(9) would request information on sewage 
sludge that is land applied in bulk form. This section would apply only 
where the applicant's permit must contain all applicable Part 503 
requirements for land application. This section would not apply if the 
applicant generates ``EQ'' sewage sludge subject to proposed 
Sec. 122.21(q)(8)(iv), or if the applicant places sewage sludge in a 
bag or other container for sale or give-away for application to the 
land subject to proposed Sec. 122.21(q)(8)(v). In neither of these 
cases is it necessary to control the ultimate land application through 
a permit and thus the applicant would not need to provide this 
information as part of the application. The section also would not 
apply if the applicant provides sewage sludge to another ``person who 
prepares'' subject to proposed Sec. 122.21(q)(8)(vi). In this case, the 
ultimate land application would be 

[[Page 62573]]
controlled by the subsequent ``person who prepares.''
    Paragraph (i) of proposed Sec. 122.21(q)(9) would clarify the 
existing requirement at Sec. 501.15(a)(2)(x) which tells the applicant 
to report annual sludge production volume. Paragraph (ii) asks how the 
applicant will satisfy the Sec. 503.12(i) notification requirement for 
land application sites in a State other than the State where the sewage 
sludge is prepared.
    Paragraph (A) of proposed Sec. 122.21(q)(9)(iii) would ask the 
applicant to identify the land application site. This question would 
request locational information which supports the Watershed Protection 
Approach, by providing permit writers and other Federal and State 
environmental managers with a means of geographically locating 
potential sources of polluted runoff.
    Paragraphs (B) and (C) of proposed Sec. 122.21(q)(9)(iii) would ask 
the applicant to identify the land application site owner and applier, 
if different than the applicant. EPA believes that this information is 
necessary in order to ensure that the permit is issued to the correct 
party. These proposed paragraphs would clarify and expand on existing 
requirements at Sec. 501.15(a)(2)(viii).
    One of the land application management practices in Sec. 503.14 
mandates that bulk sewage sludge shall not be applied to land at 
greater than the agronomic rate. Therefore, paragraphs (D) and (E) of 
proposed Sec. 122.21(q)(9)(iii) would ask the applicant to identify the 
type of land application site, the type of vegetation grown on that 
site, if known at the time of permit application, and the vegetation's 
nitrogen requirement. This information enables the permit writer to 
calculate an appropriate permit management practice regarding agronomic 
rate. EPA recognizes that different crops may be grown on a site during 
the life of a permit. If the crop for a site is not known or likely to 
change, the applicant should submit whatever information is available.
    Paragraph (F) of proposed Sec. 122.21(q)(9)(iii) would request 
information on vector attraction reduction measures undertaken at the 
land application site. Before sewage sludge is applied to the land, it 
must meet the requirements for vector attraction reduction in 
Sec. 503.33. These measures may be undertaken either by the ``person 
who prepares'' sewage sludge or by the operator of the land application 
site.
    Paragraph (G) of proposed Sec. 122.21(q)(9)(iii) would ask the 
applicant to submit any existing ground-water monitoring data for the 
land application site. Section 503.14(d) states that bulk sewage sludge 
may not be applied to land at greater than the agronomic rate. Section 
503.11(b)(2) explains that ``agronomic rate'' is the whole sludge 
application rate that minimizes the amount of nitrogen that passes 
below the root zone and into the ground water. EPA believes that 
permitting authorities need to review existing ground-water monitoring 
data for land application sites in order to ensure that sewage sludge 
application rates are appropriately protective of ground water.
    Section 501.15(a)(2)(ix) asks for information necessary to 
determine if the site is appropriate for land application and a 
description of how the site will be managed. This requirement could be 
interpreted in different ways. Today's rule attempts to clearly specify 
the site management requirements in proposed paragraphs (D)-(G) of 
proposed Sec. 122.21(q)(9)(iii). The permitting authority could request 
other site management information if it is needed to identify 
appropriate permit conditions.
    Proposed Sec. 122.21(q)(9)(iv) would request information that the 
permitting authority needs in order to verify whether the 
Sec. 503.12(e)(2)(i) requirement for appliers of bulk sewage sludge 
subject to cumulative pollutant loading rates (CPLRs) has been met. A 
cumulative pollutant loading rate, as defined in Sec. 503.11(f) is 
``the maximum amount of an inorganic pollutant that can be applied to 
an area of land.'' This information enables EPA to ensure that the 
CPLRs are not exceeded when more than one facility is sending sewage 
sludge subject to CPLRs to the same site.
    Proposed Sec. 122.21(q)(9)(v) restates the requirement in existing 
Sec. 501.15(a)(2)(ix) for information on land application sites not 
identified at the time of permit application.
10. Surface Disposal
    Proposed Sec. 122.21(q)(10) requests information on sewage sludge 
that is placed on a surface disposal site. By definition, a sewage 
sludge surface disposal site is a TWTDS. Many surface disposal site 
owner/operators, however, would not have to complete this section, but 
would instead submit the limited background information required by 
Sec. 122.21(c)(2)(iii). The applicant would be required to provide the 
information requested by proposed Sec. 122.21(q)(10) only if the 
surface disposal site were already covered by an NPDES permit; if the 
owner/operator were requesting site-specific pollutant limits; or if 
the permitting authority were requiring a full application.
    Paragraph (i) of proposed Sec. 122.21(q)(10) would clarify the 
existing requirement at Sec. 501.15(a)(2)(x) which tells the applicant 
to report annual sludge production volume. Paragraph (ii) of proposed 
Sec. 122.21(q)(10) would require that the applicant provide the name or 
number, address, telephone number, and amount of sewage sludge placed 
on each surface disposal site that the applicant does not own or 
operate. This paragraph would clarify and expand on existing 
requirements at Sec. 501.15(a)(2)(viii). EPA believes that this 
information is necessary in order to ensure that the permit is issued 
to the correct party.
    Paragraph (iii) of proposed Sec. 122.21(q)(10) would request 
detailed information on each active sewage sludge unit at each surface 
disposal site that the applicant owns or operates. A ``sewage sludge 
unit'' is defined in Sec. 503.21(n) as ``land on which only sewage 
sludge is placed for final disposal.'' A ``surface disposal site'' is 
``an area of land that contains one or more sewage sludge units.'' 
Information on each active sewage sludge unit is necessary because Part 
503 provides for different pollutant limits, monitoring requirements, 
and management practices for each unit. This information enables the 
permitting authority to establish proper permit conditions.
    Paragraph (I) of Sec. 122.21(q)(10)(iii) would request information 
on sewage sludge sent to the active sewage sludge unit by any facility 
other than the applicant's. This information helps the permit writer to 
determine which requirements apply to the surface disposal site owner/
operator and which apply to the facility which sends sewage sludge to 
the surface disposal site. As previously mentioned, one way to reduce 
duplicate reporting, is to allow the applicant to reference 
substantially similar information already submitted to a permitting 
authority. The Agency solicits comments on using this approach in the 
final rule and suggestions for other options.
    Paragraph (J) of proposed Sec. 122.21(q)(10)(iii) would request 
information on vector attraction reduction measures undertaken at the 
active sewage sludge unit. Before sewage sludge is placed on an active 
sewage sludge unit, it must meet the requirements for vector attraction 
reduction in Sec. 503.33. Since vector attraction reduction measures 
may be performed either by the facility preparing sewage sludge or by 
the surface disposal site owner/operator, EPA believes that both should 
be 

[[Page 62574]]
required to supply information on their practices.
    Section 503.24(n)(2) requires surface disposal sites to demonstrate 
by way of a ground-water monitoring program or certification that 
sludge placed on an active sewage sludge unit does not contaminate the 
underlying aquifer. In order to ensure that this requirement is 
implemented, paragraph (K) of proposed Sec. 122.21(q)(10)(iii) would 
request information on ground-water monitoring programs or 
certifications. Because many communities rely on ground water as a 
source of drinking water, EPA believes that this information is 
necessary to protect public health and the environment.
    After August 18, 1993, only surface disposal sites showing good 
cause may apply for site-specific pollutant limits. Paragraph (L) of 
proposed Sec. 122.21(q)(10)(iii) would request the information 
necessary for the permit writer to determine whether such site-specific 
limits are warranted. This information would include a demonstration 
that the values for site parameters at the applicant's site differ from 
those used to develop the surface disposal pollutant limits in Part 
503.
11. Incineration
    Proposed Sec. 122.21(q)(11) would request information on sewage 
sludge that is fired in a sewage sludge incinerator. According to 
Sec. 503.41(k), a sewage sludge incinerator is ``an enclosed device in 
which only sewage sludge and auxiliary fuel are fired.'' A sewage 
sludge incinerator is a TWTDS and is required to submit a full permit 
application.
    Paragraph (i) of proposed Sec. 122.21(q)(11) would clarify the 
existing requirement at Sec. 501.15(a)(2)(x) which tells the applicant 
to report annual sludge production volume. Paragraph (ii) of proposed 
Sec. 122.21(q)(11) would require that the applicant provide the name or 
identifying number, address, telephone number, and amount of sewage 
sludge fired in each sewage sludge incinerator that the applicant does 
not own or operate. This paragraph would clarify existing requirements 
at Sec. 501.15(a)(2)(viii). EPA believes that this information is 
necessary in order to ensure that the permit is issued to the correct 
party.
    Paragraph (iii) of proposed Sec. 122.21(q)(11) would request 
detailed information on each sewage sludge incinerator that the 
applicant owns or operates. Paragraph (B) of proposed paragraph (iii) 
would request the total amount of sewage sludge fired annually in each 
incinerator. This information is necessary because the monitoring 
requirements for sewage sludge incinerators are based on the total 
amount fired.
    Paragraphs (C) and (D) of proposed Sec. 122.21(q)(11)(iii) would 
request information on compliance with the beryllium and mercury 
National Emissions Standards for Hazardous Air Pollutants (NESHAPs). 
Section 503.43 paragraphs (a) and (b) require compliance with these 
standards through a cross-reference to 40 CFR Part 61 subparts C and E. 
If the incinerator is required to perform stack testing, these 
paragraphs would require the applicant to submit a report of that 
testing.
    Under Sec. 503.43, the pollutant limits applicable to each sewage 
sludge incinerator are calculated based on factors unique to each 
incinerator. Paragraphs (E), (F), and (G) of proposed 
Sec. 122.21(q)(11)(iii) would require each applicant to submit these 
factors for their incinerator(s). Calculating pollutant limits on an 
individual basis allows the actual performance of each incinerator and 
actual site conditions, such as topography, to be taken into account. 
EPA believes that this is more appropriate than mandating national 
pollutant limitations for sewage sludge incinerators.
    In the development of Part 503, EPA determined that it would be 
infeasible to establish individual limits for each hydrocarbon in 
sewage sludge incinerator exit gas. Instead, the Agency adopted a 100 
ppm total hydrocarbon (THC) limit and required continuous THC 
monitoring to show compliance. Part 503 was amended, on February 25, 
1994 (59 FR 9095), to allow sewage sludge incinerators whose exit gas 
does not exceed 100 ppm carbon monoxide (CO) to show compliance with 
the THC operational standard by monitoring CO instead of THC. 
Paragraphs (H), (I), and (J) of proposed Sec. 122.21(q)(11)(iii) would 
request the incinerator information necessary to establish the correct 
hydrocarbon monitoring requirements.
    Many of the incinerator's site-specific factors that are used to 
calculate pollutant limits and compliance with the operational standard 
are highly dependent on the temperature at which the incinerator is 
operated and the rate at which sewage sludge is fed into the 
incinerator. For most incinerators, these parameters are determined 
during an initial performance test. In order to appropriately calculate 
pollutant limits and ensure appropriate pollutant limits and that the 
incinerator is operated within the parameters of the original 
performance test, EPA needs to know the information in paragraphs (K) 
through (O) of proposed Sec. 122.21(q)(11)(iii).
    Paragraphs (P) and (Q) of proposed Sec. 122.21(q)(11)(iii) would 
request information on the monitoring equipment and air pollution 
control devices installed on the incinerator. Information on this 
equipment is necessary to ensure that the facility complies with the 
management practices at Sec. 503.45.
12. Disposal in a Municipal Solid Waste Landfill
    Proposed Sec. 122.21(q)(12) would request information on sewage 
sludge that is sent to a municipal solid waste landfill (MSWLF). 
Section 503.4 states that sewage sludge sent to a MSWLF that complies 
with the requirements in 40 CFR Part 258 constitutes compliance with 
sec. 405(d) of the CWA. The questions in Sec. 122.21(q)(12) are 
necessary to ensure the availability of accurate information about a 
MSWLF and the sewage sludge that is sent there.
    Paragraphs (i) and (ii) of proposed Sec. 122.21(q)(12) would 
clarify existing requirements at Sec. 501.15(a)(2)(v), (viii), and (x) 
that request information on other permits, the location of disposal 
sites, and the annual sludge production volume. Paragraph (iii) would 
request information on the sewage sludge quality to ensure that it is 
acceptable for a MSWLF. Paragraph (iv) would request available 
information on whether the MSWLF is in compliance with Part 258.
13. Contractors
    Proposed Sec. 122.21(q)(13) would require the applicant to provide 
contractor information. The applicant would be required to identify all 
contractors responsible for any operation or maintenance aspects of the 
TWTDS, and specify their responsibilities. The permitting authority 
uses this information to determine who has primary responsibility for 
the operation and maintenance of the TWTDS.
14. Other Information
    Proposed Sec. 122.21(q)(14) would require the applicant to report 
any information necessary to determine the appropriate standards for 
permitting under 40 CFR Part 503, and any other information the 
permitting authority may request and reasonably require to assess the 
sewage sludge use and disposal practices, to determine whether to issue 
a permit, or to identify appropriate permit requirements. This 
paragraph restates the existing requirements in Sec. 501.15(a)(2)(xi) 
and (xii). 

[[Page 62575]]

15. Signature
    Proposed Sec. 122.21(q)(15) would require that a certifying 
official sign the form in compliance with 40 CFR 122.22. This would 
ensure that the person signing the form has the authority to speak for 
and legally bind the permittee.

IV. Paperwork Reduction Act

    The information collection requirements in this proposed rule have 
been submitted for approval to the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
Information Collection Request document has been prepared by EPA (ICR 
No. 0226.13) and a copy may be obtained from Sandy Farmer, Information 
Policy Branch; EPA; 401 M St., S.W. (Mail code 2136); Washington, DC 
20460; or by calling (202) 260-2740.
    This collection of information has an estimated reporting burden 
averaging 10.7 hours per response, including annual recordkeeping 
burden. These estimates include time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information.
    Send comments regarding the burden estimate or any other aspect of 
this collection of information, including suggestions for reducing this 
burden to Chief, Information Policy Branch; EPA; 401 M St., S.W. (Mail 
Code 2136); Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503, marked ``Attention: Desk Officer for EPA.'' The final rule will 
respond to any OMB or public comments on the information collection 
requirements contained in this proposal.

V. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.''
    Pursuant to the terms of Executive Order 12866, it has been 
determined that this rule is a ``significant regulatory action'' 
because it may adversely affect local governments by incrementally 
increasing permit application costs. As such, this action was submitted 
to OMB for review. Changes made in response to OMB suggestions or 
recommendations will be documented in the public record.

VI. Executive Order 12875

    Under Executive Order 12875 (58 FR 58093 (October 28, 1993)), no 
executive agency shall promulgate any regulation that is not required 
by statute and that creates a mandate upon a State, local, or tribal 
government, unless:
    (a) Funds to pay the direct costs associated with the regulation 
are provided by the Federal Government, or
    (b) The agency, prior to promulgation, provides OMB a description 
of its consultation with representatives of the affected governments, 
the nature of their concerns, any written communications submitted to 
the agency by them, and the agency's position supporting the need for 
the regulation. Each agency is also required to develop an effective 
process to permit elected officials and other representatives of these 
governments an opportunity to provide meaningful and timely input on 
significant unfunded mandates.
    As discussed above (``Public Consultation in the Development of 
Today's Proposal,'' at I.H.), the Agency consulted with States, local 
governments, and other parties in the development of this proposed 
rule. This is further discussed in the discussion below (``Unfunded 
Mandates Reform Act of 1995 and Consultation with State, Local, and 
Tribal Governments,'' at VII).

VII. Unfunded Mandates Reform Act of 1995 and Consultation With State, 
Local, and Tribal Governments

    Title II of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act''), Public Law 104-4, establishes requirements for Federal 
agencies to assess the effects of their regulatory actions on State, 
local, and tribal governments and the private sector. Under section 202 
of the Unfunded Mandates Act, EPA generally must prepare a written 
statement, including a cost-benefit analysis, for rules with Federal 
mandates that may result in expenditures to State, local, and tribal 
governments in the aggregate, or to the private sector, of $100 million 
or more in any one year. Before promulgating an EPA rule for which a 
written statement is needed, section 205 of the Unfunded Mandates Act 
generally requires EPA to identify and consider a reasonable number of 
regulatory alternatives and adopt the least costly, most cost-effective 
or least burdensome alternative that achieves the objectives of the 
rule. The provisions of section 205 do not apply when they are 
inconsistent with applicable law. Moreover, section 205 allows EPA to 
adopt an alternative other than the least costly, most cost-effective 
or least burdensome alternative if the Administrator publishes with the 
final rule an explanation why that alternative was not adopted.
    Under section 203 of the Unfunded Mandates Act, EPA must develop a 
small government agency plan before it establishes regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments. The plan must provide for 
notifying potentially affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    EPA has determined that this rule does not include a Federal 
mandate that may result in expenditures of $100 million or more to 
either State, local and tribal governments in the aggregate, or to the 
private sector in any year. To the extent enforceable duties arise as a 
result of today's proposed rule on State, local and tribal governments, 
such enforceable duties do not result in a significant regulatory 
action being imposed upon State, local and tribal governments since the 
estimated aggregate cost of compliance for them is not expected to 
exceed $5.7 million annually. Thus, today's proposed rule is not 
subject to the written statement requirement in section 202 of the Act.
    In compliance with E.O. 12875, which requires the involvement of 
State, local and tribal governments in the development of certain 
Federal regulatory actions, EPA conducted a wide outreach effort and 
actively sought the input of representatives of State, local, and 
tribal governments in the process of developing the proposed rule. 
Agency personnel have communicated with State and local representatives 
in 

[[Page 62576]]
a number of different forums. For example, EPA staff involved in 
development of today's proposed rule invited comments on earlier drafts 
of the proposed rulemaking, forms, and instructions from States and 
local governments both directly and through organizations such as the 
Association of Metropolitan Sewerage Agencies (AMSA), the Water 
Environment Federation (WEF), and the Californ
FR Doc. 95-28213 National Pollutant Discharge Elimination System Permit Application Requirements for Publicly Owned Treatment Works and Other Treatment Works Treating Domestic Sewage
ia Association of 
Sanitation Agencies (CASA). In response to these efforts, the Agency 
was able to communicate directly, including through meetings and 
telephone communications, with representatives of a number of 
interested State and local representatives, including representatives 
of more than twenty-five local governments. Cities represented in a 
telephone conference arranged through WEF included Price (UT), Owosso 
(MI), Saginaw (MI), Rockwood (MI), Grand Rapids (MI), Roseburg (OR), 
Central Marin San. Dist. (CA), Little Rock (AR), Dallas (TX), Northeast 
Ohio Regional Sewer Dist. (OH). Cities represented in a meeting with 
AMSA representatives included Detroit (MI), Boise (ID), City of Los 
Angeles (CA), Phoenix (AZ), Passaic Valley (NJ); Middleton (NJ), 
Hampton Roads (VA), Orange County (CA), Anchorage (AK), and Alexandria 
(VA). Other discussions were held individually with representatives of 
local governments. The Agency received written comments from AMSA, 
several cities, and a number of States. In the comments received from 
States, a number of issues were raised concerning possible impacts on 
local governments. EPA invited, but did not receive, written comments 
from the Association of State and Interstate Water Pollution Control 
Administrators (ASIWPCA) and the National League of Cities.
    Once the proposed rule is finalized, the Agency intends to provide 
information through a variety of sources, and to educate and advise 
local governments concerning compliance with the proposed requirements. 
In the Communication Plan prepared for this proposal, the Agency has 
outlined which organizations EPA will contact directly concerning the 
proposal. The same parties will also be contacted directly regarding 
the final rulemaking. The communication plan is available in the record 
supporting this proposal. The Agency seeks to assist, educate, and 
advise applicants on how to comply with the permit application 
requirements primarily through the instructions to the proposed forms, 
and seeks comment as to how the instructions could be improved. 
Additionally, the Agency intends to provide training for permit 
writers, so that they can assist, educate, and advise applicants on an 
as-needed basis when completing their applications.

VIII. Regulatory Flexibility Act

    The Regulatory Flexibility Act (Pub. L. 96-354) requires Federal 
agencies to consider the effect of proposed rules on small entities. 
Agencies must consider alternatives to proposed rules that would 
minimize the economic impact on small entities so long as these 
alternatives are consistent with the stated objective of the statute 
under which such rules are developed. However, the requirements of the 
Regulatory Flexibility Act do not alter standards otherwise applicable 
to agency action. For example, section 405 of the CWA requires EPA to 
promulgate regulations that are adequate to protect public health or 
the environment against reasonably anticipated adverse effects.
    In developing these proposed regulations, EPA considered the 
effects of the proposed regulations on small entities. The regulatory 
flexibility analysis (RFA) conducted for this proposed rule meets the 
requirements specified in the ``Guidelines for Implementing the 
Regulatory Flexibility Act'' (U.S. EPA, Office of Regulatory Management 
and Evaluation and Office of Policy, Planning, and Evaluation, April 
1992).
    Most of the applicants that would be required to complete the 
municipal and sludge application forms, if finalized, are small 
entities. For the purposes of the RFA, EPA employs the definition of 
small government entities that was originally advanced in a related 
rulemaking. See U.S. EPA, ``Regulatory Impact Analysis of the Part 503 
Sewage Sludge Regulation,'' November 25, 1992, for a complete 
discussion of the development of this definition. For the purposes of 
this rule, the term ``small government entities'' is considered to mean 
small POTWs. Small POTWs are defined as POTWs processing less than 1 
million gallons per day (mgd) of wastewater. POTWs of this size 
generally serve a population of 10,000 people or less. This definition 
is consistent with the designation of major and minor POTWs under the 
NPDES program.
    The estimate of the number of small POTWs subject to both sets of 
proposed application requirements is based on the number of minor 
POTWs. Also, for the purposes of the RFA, the Agency conservatively 
assumed that all ``sludge-only'' POTWs are small entities. Generally, 
treatment facilities serving large populations (greater than 10,000) 
generate effluent of sufficient volume that it must be discharged to 
waters of the U.S., and thus require an NPDES permit. The Agency also 
assumed for purposes of the RFA that all privately owned treatment 
facilities are small entities. Overall, EPA estimates that nearly 70 
percent of municipal applicants and 74 percent of sludge applicants are 
small entities.
    EPA considered a range of regulatory options for the proposed 
forms. In this proposal, the Agency has developed a two-tier approach 
for municipal applicants and a two-tier approach for sludge applicants. 
Applicants are categorized according to size and whether or not they 
are required to have a pretreatment program. Under each regulatory 
option considered, less stringent standards are required for smaller 
facilities that are less likely to pollute and have a lower capacity to 
absorb large monitoring costs.
    The costs of complying with the proposed application requirements 
would consist entirely of paperwork and testing costs associated with 
completing the forms and collecting the required information. 
Therefore, the costs for these activities estimated in the ICR for this 
proposed rule are used in the RFA. The five-year compliance cost 
estimates for POTWs applying for NPDES permits (i.e., for both sets of 
application requirements) range from $681 to $3,627 for small POTWs 
under the four regulatory options under consideration for the municipal 
permit application and the three regulatory options under consideration 
for the sludge application requirements. The five-year compliance cost 
estimates for the various options under this proposed rule range from 
approximately $507 to $2,849 for small privately owned treatment works. 
These costs would represent between 0.06 and 0.31 percent of the 
average annual revenues of small POTWs and small privately owned 
treatment works. As a percent of average household expenditures on 
sewage treatment, these figures would range between 0.10 and 0.54 
percent for small POTWs and small privately owned treatment works. The 
five-year compliance costs for sludge-only facilities (i.e., paperwork 
costs associated with the proposed sludge application requirements) 
range from $375 to $2,809 under the three regulatory options under 
consideration for small POTWs and from $299 to $2,849 for privately 
owned treatment works. These costs would represent well below 0.5 
percent of both the average annual revenues for small treatment works 
(public and private) and of the 

[[Page 62577]]
average annual household costs for sewage treatment. Thus, impacts on 
small treatment facilities and their customers are not expected to be 
severe.

List of Subjects

40 CFR Part 122

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Reporting and recordkeeping 
requirements, Sewage disposal, Waste treatment and disposal, Water 
pollution control.

40 CFR Part 123

    Confidential business information, Hazardous materials, Reporting 
and recordkeeping requirements, Sewage disposal, Waste treatment and 
disposal, Water pollution control, Penalties.

40 CFR Part 403

    Confidential business information, Reporting and recordkeeping 
requirements, Waste treatment and disposal, Water pollution control.

40 CFR Part 501

    Confidential business information, Environmental protection, 
Reporting and recordkeeping requirements, Publicly owned treatment 
works, Sewage disposal, Waste treatment and disposal.

    Dated: November 2, 1995.
Carol M. Browner,
Administrator.

    For the reasons set forth in the preamble. EPA proposes to amend 40 
CFR Chapter I as follows:

PART 122--EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT 
DISCHARGE ELIMINATION SYSTEM

* * * * *
    1. The authority citation for part 122 continues to read as 
follows:

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    2. Section 122.2 is amended by revising the definition for 
``Publicly owned treatment works (``POTW'') and adding a definition for 
``TWTDS'' in alphabetical order to read as follows:

Sec. 122.2  Definitions.

* * * * *
    Publicly owned treatment works (``POTW'') means a treatment works 
as defined by section 212 of the CWA, which is owned by a ``State'' or 
``municipality'' (as defined by section 502(4) of the CWA). This 
definition includes any devices and systems used in the storage, 
treatment, recycling and reclamation of municipal sewage or industrial 
wastes of a liquid nature. It also includes sewers, pipes and other 
conveyances only if they convey wastewater to a POTW Treatment Plant, 
as defined in Sec. 403.3(p) of this chapter. The term also means the 
municipality as defined in section 502(4) of the CWA, which has 
jurisdiction over the Indirect Discharges, as defined in Sec. 403.3(g) 
of this chapter, to and the discharges from such a treatment works.
* * * * *
    TWTDS means treatment works treating domestic sewage.
* * * * *
    3-6. Section 122.21 is amended by revising paragraph (c)(2)(i) 
through (iii) introductory text, paragraph (d)(3), the introductory 
text of paragraph (f), paragraph (j) and by adding paragraph (q) before 
the notes to read as follows:

Sec. 122.21  Application for a permit (applicable to State programs, 
see Sec. 123.25).

* * * * *
    (c) * * *
    (2) Permits under section 405(f) of CWA. (i) Any existing treatment 
works treating domestic sewage (TWTDS) required to have site-specific 
pollutant limits, or requesting such limits, as provided in 40 CFR Part 
503, must submit the permit application information required by 
paragraph (d)(3)(iii) of this section within 180 days after publication 
of a standard applicable to its sewage sludge use or disposal 
practice(s). After this 180-day period, TWTDS may only apply for site-
specific pollutant limits for good cause and such requests must be made 
within 180 days of becoming aware that good cause exists.
    (ii) Any TWTDS with a currently effective NPDES permit, not 
addressed under paragraph (c)(2)(i) of this section, must submit the 
application information required by paragraph (d)(3)(iii) of this 
section at the time of its next NPDES permit renewal application. Such 
information must be submitted in accordance with paragraph (d) of this 
section.
    (iii) Any other existing TWTDS not addressed under paragraphs 
(c)(2)(i) or (ii) of this section must submit the information listed in 
paragraphs (c)(2)(iii)(A) through (E) of this section, to the Director 
within 1 year after publication of a standard applicable to its sewage 
sludge use or disposal practice(s), using Form 2S or another form 
approved by the Director. The Director shall determine when such TWTDS 
must apply for a permit.
* * * * *
    (d) * * *
    (3)(i) All applicants for EPA-issued permits, other than POTWs, new 
sources, and TWTDS, must complete Forms 1 and either 2B, 2C, or 2E of 
the consolidated permit application forms to apply under Sec. 122.21 
and paragraphs (f), (g), (h), and (i) of this section.
    (ii) All POTWs must submit the application information required by 
paragraph (j) of this section, within the time periods established in 
paragraph (c)(2) of this section, using Form 2A or another form 
approved by the Director. All POTWs applying for EPA-issued permits 
must complete Form 2A.
    (iii) All TWTDS, except ``sludge-only facilities'' subject to 
paragraph (c)(2)(iii) of this section, must submit the application 
information required by paragraph (q) of this section, within the time 
periods established in paragraph (c)(2) of this section, using Form 2S 
or another form approved by the Director. All such applicants applying 
for EPA-issued permits must complete Form 2S.
* * * * *
    (f) Information requirements. All applicants for NPDES permits, 
other than POTWs and other TWTDS, shall provide the following 
information to the Director, using the application form provided by the 
Director (additional information required of applicants is set forth in 
paragraphs (g) through (k) of this section).
* * * * *
    (j) Application requirements for new and existing POTWs. Unless 
otherwise indicated, all POTWs shall provide, at a minimum, the 
information in this paragraph (j) to the Director, using Form 2A or 
another application form provided by the Director. The Director may 
waive any requirement of this paragraph if the Director has access to 
substantially identical information.
    (1) Basic application information. All applicants shall provide the 
following information:
    (i) Facility information. Name, mailing address, and location of 
the facility for which the application is submitted;
    (ii) Applicant information. Name, mailing address, and telephone 
number of the applicant, and indication as to whether the applicant is 
the facility's owner, operator, or both;
    (iii) Existing environmental permits. Identification of all 
environmental permits or construction approvals received or applied for 
(including dates) under any of the following programs:
    (A) Hazardous Waste Management program under the Resource 
Conservation and Recovery Act (RCRA), subpart C of this part;
    (B) UIC program under the Safe Drinking Water Act (SDWA); 
    
[[Page 62578]]

    (C) NPDES program under Clean Water Act (CWA);
    (D) Prevention of Significant Deterioration (PSD) program under the 
Clean Air Act;
    (E) Nonattainment program under the Clean Air Act;
    (F) National Emission Standards for Hazardous Pollutants (NESHAPS) 
preconstruction approval under the Clean Air Act;
    (G) Ocean dumping permits under the Marine Protection Research and 
Sanctuaries Act;
    (H) Dredge or fill permits under section 404 of the CWA; and
    (I) Other relevant environmental permits, including State permits;
    (iv) Population. The name and population of each municipal entity 
served by the facility, including unincorporated connector districts;
    (v) Flow rate. The facility's design flow rate and annual average 
daily flow rate for each of the previous 3 years;
    (vi) Collection system. Identify type(s) of collection system(s) 
used by the treatment works (i.e., separate sanitary sewers or combined 
storm and sanitary sewers) and an estimate of the percent of sewer line 
that each type comprises;
    (vii) Inflow and infiltration. The current average daily flow rate 
volume of inflow and infiltration, in gallons per day, and steps the 
facility is taking to minimize inflow and infiltration;
    (viii) Topographic map. A topographic map (or other map if a 
topographic map is unavailable) extending at least one mile beyond 
property boundaries of the treatment plant, including all unit 
processes, and showing:
    (A) Treatment plant area and unit processes;
    (B) The pipes or other structures through which wastewater enters 
the treatment plant and the pipes or other structures through which 
treated wastewater is discharged from the treatment plant. Include 
outfalls from bypass piping, if applicable;
    (C) Each well where fluids from the treatment plant are injected 
underground;
    (D) Wells, springs, other surface water bodies, and drinking water 
wells listed in public records or otherwise known to the applicant 
within the map area;
    (E) Sewage sludge management facilities (including on-site 
treatment, storage, and disposal sites) within the property boundaries; 
and
    (F) Location at which waste classified as hazardous under RCRA 
enters the treatment plant by truck, rail, or dedicated pipe;
    (ix) Process flow diagram or schematic.
    (A) A diagram showing the processes of the treatment plant, 
including all bypass piping. This includes a water balance showing all 
treatment units, including disinfection, and showing daily average flow 
rates at influent and discharge points, and approximate daily flow 
rates between treatment units; and
    (B) A narrative description of the diagram;
    (x) Bypasses. The following information for each outfall that is a 
discharge from a bypass point:
    (A) The actual or approximate number of wet-weather and dry-weather 
bypass incidents in the twelve months prior to the date of the permit 
application;
    (B) The actual or approximate duration of each wet-weather or dry-
weather bypass incident;
    (C) The actual or approximate volume, in millions of gallons, of 
each wet-weather or dry-weather bypass incident; and
    (D) The reason(s) why such bypasses occurred;
    (xi) Outfalls and other discharge or disposal methods. The 
following information for outfalls to waters of the United States and 
other discharge or disposal methods:
    (A) For effluent discharges to waters of the United States, the 
total number and types of outfalls (e.g, treated effluent, CSOs) to 
surface water;
    (B) For wastewater discharged to surface impoundments:
    (1) The location of each surface impoundment;
    (2) The annual average daily volume discharged to each surface 
impoundment; and
    (3) Whether the discharge is continuous or intermittent;
    (C) For wastewater applied to the land:
    (1) The location of each land application site;
    (2) The size of each land application site, in acres;
    (3) The annual average daily volume applied to each land 
application site, in gallons per day; and
    (4) Whether land application is continuous or intermittent;
    (D) For wastewater discharged to another facility:
    (1) The means by which the discharge is transported;
    (2) The name, mailing address, contact person, and phone number of 
the organization transporting the discharge, if the transport is 
provided by a party other than the applicant;
    (3) The name, mailing address, contact person, phone number, and 
NPDES permit number (if any) of the receiving facility; and
    (4) The average daily flow rate from this facility into the 
receiving facility, in millions of gallons per day; and
    (E) For wastewater disposed of in a manner not included in 
paragraphs (j)(1)(ix) (A) through (D) of this section (e.g., 
underground percolation, underground injection):
    (1) A description of the disposal method, including the location 
and size of each disposal site, if applicable;
    (2) The annual average daily volume disposed of by this method, in 
gallons per day; and
    (3) Whether disposal through this method is continuous or 
intermittent;
    (xii) Federal Indian reservations. Information concerning whether 
the facility is located on a Federal Indian Reservation or whether the 
facility discharges to a receiving stream that flows through a Federal 
Indian Reservation; and
    (xiii) Scheduled improvements, schedules of implementation. The 
following information regarding scheduled improvements:
    (A) The outfall number of each outfall affected;
    (B) A narrative description of each required improvement;
    (C) Scheduled or actual dates of completion for the following:
    (1) Commencement of construction;
    (2) Completion of construction;
    (3) Commencement of discharge; and
    (4) Attainment of operational level; and
    (D) A description of permits and clearances concerning other 
Federal and/or State requirements;
    (2) Information on effluent discharges. Each applicant must provide 
the following information for each outfall, including bypass points, 
through which effluent is discharged, as applicable:
    (i) Description of outfall. The following information about each 
outfall:
    (A) Outfall number;
    (B) State, county, and city or town in which outfall is located;
    (C) Latitude and longitude, to the nearest second;
    (D) Distance from shore and depth below surface;
    (E) Average daily flow rate, in million gallons per day;
    (F) The following information for each outfall with a seasonal or 
periodic discharge:
    (1) Number of times per year the discharge occurs;
    (2) Duration of each discharge;
    (3) Flow of each discharge; and
    (4) Months in which discharge occurs; and
    (G) Whether the outfall is equipped with a diffuser and the type 
(e.g., high-rate) of diffuser used; 

[[Page 62579]]

    (ii) Description of receiving waters. The following information (if 
known) for each outfall through which effluent is discharged to waters 
of the United States:
    (A) Type (e.g., stream, river, lake, estuary, ocean) and name of 
receiving water;
    (B) Name of watershed/river/stream system and United States Soil 
Conservation Service 14-digit watershed code;
    (C) Name of State Management/River Basin and United States 
Geological Survey 8-digit hydrologic cataloging unit code; and
    (D) Critical flow of receiving stream and total hardness of 
receiving stream at critical low flow (if applicable); and
    (iii) Description of treatment. The following information 
describing the treatment provided for discharges from each outfall to 
waters of the United States:
    (A) The highest level of treatment (e.g., primary, equivalent to 
secondary, secondary, advanced, other) that is provided for the 
discharge for each outfall and:
    (1) Design biochemical oxygen demand (BOD5 or CBOD5) 
removal (percent);
    (2) Design suspended solids (SS) removal (percent); and, where 
applicable;
    (3) Design phosphorus (P) removal (percent);
    (4) Design nitrogen (N) removal (percent); and
    (5) Any other removals that an advanced treatment system is 
designed to achieve.
    (B) A description of the type of disinfection used, and whether the 
treatment plant dechlorinates (if disinfection is accomplished through 
chlorination);
    (3) Effluent monitoring for specific parameters. (i) As provided in 
paragraphs (j)(3) (ii) through (x) of this section all applicants shall 
submit to the Director effluent monitoring information for samples 
taken from each outfall through which effluent is discharged to waters 
of the United States, except for CSOs. The Director may allow 
applicants to submit sampling data for only one outfall on a case-by-
case basis, where the applicant has two or more outfalls with 
substantially identical effluent;
    (ii) All applicants must sample and analyze for the pollutants 
listed in Appendix J of this part, Table 1;
    (iii) The following applicants must sample and analyze for the 
pollutants listed in Appendix J of this part, Table 2, and for any 
other pollutants for which the State or EPA have established water 
quality standards applicable to the receiving waters:
    (A) All POTWs with a design influent flow rate equal to or greater 
than one million gallons per day;
    (B) All POTWs with approved pretreatment programs or POTWs required 
to develop a pretreatment program; and
    (C) Other POTWs, as required by the Director;
    (iv) Unless otherwise required by the Director, applicants are not 
required to sample for the pollutants listed in Appendix J of this 
part, Table 3;
    (v) The Director should require sampling for additional pollutants, 
as appropriate, on a case-by-case basis;
    (vi) Applicants must provide data from a minimum of three samples 
taken within three years prior to the date of the permit application. 
Samples must be representative of the discharge from each outfall, and 
at least two samples should be at least four months, but no more than 
eight months apart. Existing data may be used, if available, in lieu of 
sampling done solely for the purpose of this application. The Director 
should require additional samples, as appropriate, on a case-by-case 
basis;
    (vii) All existing data for pollutants specified in paragraphs 
(j)(3) (ii) through (v) of this section that is collected within three 
years of the application must be included with the pollutant data 
submitted by the applicant. If, however, the applicant samples for a 
specific pollutant on a monthly or more frequent basis, it is only 
necessary, for such pollutant, to provide all data collected within one 
year of the application;
    (viii) Applicants must collect samples of effluent and analyze such 
samples for pollutants in accordance with analytical methods approved 
under 40 CFR part 136 unless an alternative is specified in the 
existing NPDES permit. When no analytical method is approved, 
applicants may use any suitable method and must provide a description 
of the method. Grab samples must be used for pH, temperature, cyanide, 
total phenols, residual chlorine, oil and grease, fecal coliform, E. 
coli, and enterococci. For all other pollutants, 24-hour flow-weighted 
composite samples must be used. For a flow-weighted composite sample, 
only one analysis of the composite of aliquots is required. A single 
grab sample may be taken for effluent from holding ponds or other 
impoundments, so long as they have a retention time of greater than 24 
hours;
    (ix) The effluent monitoring data provided must include at least 
the following information for each parameter:
    (A) Maximum daily discharge, expressed as concentration or mass, 
based upon actual sample values;
    (B) Average daily discharge for all samples, expressed as 
concentration or mass, based upon actual sample values, and the number 
of samples used to obtain this value;
    (C) The analytical method used; and
    (D) The threshold level (i.e., method detection limit, minimum 
level, or other designated method endpoints) for the analytical method 
used; and
    (x) Unless otherwise required by the Director, metals must be 
reported as total recoverable;
    (4) Effluent monitoring for whole effluent toxicity. (i) All 
applicants shall provide an identification of any biological toxicity 
tests that the applicant knows or has reason to believe have been made 
during the three years prior to the date of the application on any of 
the applicant's discharges or on a receiving water in relation to a 
discharge.
    (ii) As provided in paragraphs (j)(4) (iii) through (ix) of this 
section, the following applicants shall submit to the Director the 
results of valid whole effluent biological toxicity tests for acute or 
chronic toxicity for samples taken from each outfall through which 
effluent is discharged to surface waters, except for combined sewer 
overflows:
    (A) All POTWs with design influent flow rate equal to or greater 
than one million gallons per day;
    (B) All POTWs with approved pretreatment programs or POTWs required 
to develop a pretreatment program; and
    (C) Other POTWs, as required by the Director, based on 
consideration of the following factors:
    (1) The variability of the pollutants or pollutant parameters in 
the POTW effluent (based on chemical-specific information, the type of 
treatment plant, and types of industrial contributors);
    (2) The ratio of effluent flow to receiving stream flow;
    (3) Existing controls on point or non-point sources, including 
total maximum daily load calculations for the receiving stream segment 
and the relative contribution of the POTW;
    (4) Receiving stream characteristics, including possible or known 
water quality impairment, and whether the POTW discharges to a coastal 
water, one of the Great Lakes, or a water designated as an outstanding 
natural resource water; or
    (5) Other considerations (including, but not limited to, the 
history of toxic impacts and compliance problems at the POTW) that the 
Director determines 

[[Page 62580]]
could cause or contribute to adverse water quality impacts.
    (iii) Where the POTW has two or more outfalls with substantially 
identical effluent discharging to the same receiving stream segment, 
the Director may allow applicants to submit whole effluent toxicity 
data for only one outfall on a case-by-case basis.
    (iv) Each applicant required to perform whole effluent biological 
toxicity testing pursuant to paragraph (j)(4)(ii) of this section shall 
provide the results of a minimum of four quarterly tests for a year. 
Applicants shall conduct tests with multiple species (no less than two 
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:
    (A) Acute toxicity testing if the dilution of the effluent is 
greater than 1000:1 at the edge of the mixing zone;
    (B) 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 of this range 
(1000:1), and chronic testing may be more appropriate at the lower end 
of this range (100:1); and
    (C) Chronic testing if the dilution of the effluent is less than 
100:1 at the edge of the mixing zone.
    (v) Each applicant required to perform whole effluent biological 
toxicity testing pursuant to paragraph (j)(4)(ii) of this section shall 
provide the number of chronic or acute whole effluent toxicity tests 
that have been conducted since the last permit reissuance.
    (vi) Provide the results using the form provided by the Director, 
or test summaries if available and comprehensive, for each whole 
effluent toxicity test conducted pursuant to paragraph (j)(4)(ii) of 
this section for which such information has not been reported 
previously to the Director.
    (vii) Whole effluent toxicity testing conducted pursuant to 
paragraph (j)(4)(ii) of this section shall be conducted using methods 
approved under 40 CFR part 136.
    (viii) For biomonitoring data submitted to the Director within 
three 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.
    (ix) Each POTW required to perform whole effluent biological 
testing pursuant to paragraph (j)(4)(ii) of this section 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 three years revealed toxicity.
    (5) Industrial discharges and pretreatment. Applicants must submit 
the information in paragraphs (j)(5)(i) through (iii) of this section, 
as applicable, regarding industrial user discharges to the POTW.
    (i) General information. General information on industrial users.
    (A) Number of significant industrial users (SIUs) and categorical 
industrial users (CIUs) discharging to the POTW;
    (B) Total average daily flow rate from all industrial (non-
domestic) users, from SIUs, and from all CIUs discharging to the POTW; 
and
    (C) Estimated percent of total influent contributed by all 
industrial (non-domestic) users, by SIUs only, by CIUs only, and by 
domestic sources discharging to the POTW.
    (ii) Pretreatment program and local limits. POTWs with an approved 
pretreatment program under 40 CFR part 403 shall provide information 
concerning pretreatment program modifications that are required to be 
submitted but have not been approved in accordance with 40 CFR 403.18.
    (iii) Significant industrial users. POTWs with one or more 
significant industrial users (SIUs) shall provide the following 
information for each SIU, as defined at 40 CFR 403.3(t), that 
discharges to the POTW:
    (A) Name and mailing address;
    (B) Description of all industrial processes that affect or 
contribute to the SIU's discharge;
    (C) Principal products and raw materials of the SIU;
    (D) Average daily volume of wastewater discharged, indicating the 
amount attributable to process flow and non-process flow;
    (E) Whether the SIU is subject to local limits;
    (F) Whether the SIU is subject to categorical standards, and if so, 
under which category(ies) and subcategory(ies); and
    (G) Whether any problems at the POTW (e.g., upsets, pass through, 
interference) have been attributed to the SIU in the past three years;
    (6) Discharges from hazardous waste generators and from waste 
cleanup or remediation sites. POTWs receiving RCRA, CERCLA, or RCRA 
Corrective Action wastes or wastes generated at another type of cleanup 
or remediation site must provide the following information:
    (i) RCRA hazardous waste. If the POTW receives by truck, rail, or 
dedicated pipe any wastes that are regulated as RCRA hazardous wastes 
pursuant to 40 CFR part 261, or authorized State, or if it is expected 
to receive such wastes during the life of the permit, the applicant 
must report the following:
    (A) The method by which the waste is received (i.e., whether by 
truck, rail, or dedicated pipe); and
    (B) The hazardous waste number and amount received annually of each 
hazardous waste;
    (ii) CERCLA wastewaters. If the POTW receives wastewaters that 
originate from response activities undertaken pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA), or if it is expected to receive such wastewaters during the 
life of the permit, the applicant must report the following:
    (A) The identity and description of the site(s) at which the 
wastewater originates or is expected to originate;
    (B) The identities of the hazardous constituents in the wastewater; 
and
    (C) The extent of treatment, if any, the wastewater receives or 
will receive before entering the POTW;
    (iii) RCRA corrective action wastewaters. If the POTW receives 
wastewaters that originate from remedial activities undertaken pursuant 
to sections 3004(u) or 3008(h) of RCRA, or authorized State, or if it 
is expected to receive such wastewaters during the life of the permit, 
the applicant must report the following:
    (A) The identity and description of the facility(ies) at which the 
wastewater originates or is expected to originate;
    (B) The identities of the hazardous constituents in the wastewater; 
and
    (C) The extent of treatment, if any, the wastewater receives or 
will receive before entering the POTW; and
    (iv) Wastewaters from other remedial activities. If the POTW 
receives wastewaters that originate from remedial activities other than 
those in paragraphs (j)(6) (ii) and (iii) of this section, the 
applicant shall provide a written description that includes the 
following information:
    (A) The identity and description of the facility(ies) at which the 
wastewater originates or is expected to originate;
    (B) The identities of the hazardous constituents in the wastewater; 
and
    (C) The extent of treatment, if any, the wastewater receives or 
will receive before entering the POTW;
    (7) Combined sewer overflows. Each applicant with combined sewer 
systems shall provide the following information:
    (i) Combined sewer system information. The following information 
regarding the combined sewer system:
    (A) CSO discharge points. The number of combined sewer overflow 

[[Page 62581]]
    (CSO) discharge points in the combined sewer system to be covered by 
the application;
    (B) System map. A map indicating the location of the following:
    (1) All CSO discharge points;
    (2) Sensitive use areas potentially affected by CSOs (e.g., 
beaches, drinking water supplies, shellfish beds, sensitive aquatic 
ecosystems, and outstanding natural resource waters); and
    (3) Waters supporting threatened and endangered species potentially 
affected by CSOs;
    (C) System diagram. A diagram of the combined sewer collection 
system that includes the following information:
    (1) The location of major sewer trunk lines, both combined and 
separate sanitary;
    (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; and
    (5) The locations of pump stations; and
    (D) System evaluation. A list of studies, including modeling 
studies, hydraulic studies, past monitoring efforts, and facility 
plans, that have been performed on the collection system since the last 
permit application; and
    (ii) Information on CSO outfalls. The following information for 
each CSO discharge point covered by the permit application:
    (A) Description of outfall. The following information on each 
outfall:
    (1) Outfall number;
    (2) State, county, and city or town in which outfall is located;
    (3) Latitude and longitude, to the nearest second; and
    (4) Distance from shore and depth below surface;
    (B) Monitoring. Indicate if any of the following were monitored in 
the past year for this CSO and provide the results of this monitoring:
    (1) Rainfall;
    (2) CSO flow volume;
    (3) CSO water quality;
    (4) Receiving water quality; and
    (5) The number of storm events;
    (C) CSO incidents. The following information about CSO incidents:
    (1) The number of incidents in the past year;
    (2) The average duration per incident;
    (3) The average volume per CSO incident; and
    (4) The minimum rainfall that caused a CSO incident in the last 
year;
    (D) Description of receiving waters. The following information 
about receiving waters:
    (1) Name and type of receiving water (e.g., stream/river, lake/
pond, estuary, ocean);
    (2) Name of watershed/stream system and the United States Soil 
Conservation Service watershed (14-digit) code (if known); and
    (3) Name of State Management/River Basin and the United States 
Geological Survey hydrologic cataloging unit (8-digit) code (if known); 
and
    (E) CSO operations. The following information concerning CSO 
operations:
    (1) Whether the CSO includes contributions from significant 
industrial users; and
    (2) A description of any known water quality impacts on the 
receiving water caused by the CSO (e.g., permanent or intermittent 
beach closings, permanent or intermittent shellfish bed closings, fish 
kills, fish advisories, other recreational loss, or exceedance of any 
applicable State water quality standard);
    (8) Contractors. All applicants shall provide the name, mailing 
address, telephone number, and responsibilities of all contractors 
responsible for any operational or maintenance aspects of the facility; 
and
    (9) Signature. All applications shall be signed by a certifying 
official in compliance with Sec. 122.22.
* * * * *
    (q) Sewage sludge management. All treatment works treating domestic 
sewage, except ``sludge-only facilities'' subject to paragraph 
(c)(2)(iii) of this section, shall provide the information in this 
paragraph to the Director, using Form 2S or another form approved by 
the Director. The Director may waive any requirement of this paragraph 
if the Director has access to substantially identical information.
    (1) Facility information. All applicants shall submit the following 
information:
    (i) The name, mailing address, and location of the treatment works 
treating domestic sewage for which the application is submitted;
    (ii) The facility's latitude and longitude to the nearest second, 
and method of determination;
    (iii) Whether the facility is a Class I Sludge Management Facility;
    (iv) The design influent flow rate (in million gallons per day); 
and
    (v) The total population served;
    (2) Applicant information. All applicants shall submit the 
following information:
    (i) The name, mailing address, and telephone number of the 
applicant;
    (ii) Indication whether the applicant is the owner, operator, or 
both; and
    (iii) The applicant's status as Federal, State, private, public, or 
other entity;
    (3) Permit information. All applicants shall submit the facility's 
NPDES permit number, if applicable, and a listing of all other Federal, 
State, and local permits or construction approvals received or applied 
for under any of the following programs:
    (i) Hazardous Waste Management program under the Resource 
Conservation and Recovery Act (RCRA);
    (ii) UIC program under the Safe Drinking Water Act (SDWA);
    (iii) NPDES program under the Clean Water Act (CWA);
    (iv) Prevention of Significant Deterioration (PSD) program under 
the Clean Air Act;
    (v) Nonattainment program under the Clean Air Act;
    (vi) National Emission Standards for Hazardous Air Pollutants 
(NESHAPS) preconstruction approval under the Clean Air Act;
    (vii) Dredge or fill permits under section 404 of CWA; and
    (viii) Other relevant environmental permits, including State or 
local permits;
    (4) Federal Indian Reservations. All applicants shall identify any 
generation, treatment, storage, land application, or disposal of sewage 
sludge that occurs on Federal Indian Reservations;
    (5) Topographic map. All applicants shall submit a topographic map 
(or other map if a topographic map is unavailable) extending one mile 
beyond property boundaries of the facility and showing the following 
information:
    (i) All sewage sludge management facilities, including use and 
disposal sites;
    (ii) All water bodies; and
    (iii) Wells used for drinking water listed in public records or 
otherwise known to the applicant within 1/4 mile of the facility 
property boundaries;
    (6) Sewage sludge handling. All applicants shall submit a line 
drawing and/or a narrative description that identifies all sewage 
sludge management practices employed during the term of the permit, 
including all units used for collecting, dewatering, storing, or 
treating sewage sludge, the destination(s) of all liquids and solids 
leaving each such unit, and all processes used for pathogen reduction 
and vector attraction reduction;
    (7) Sewage sludge quality. (i) If the applicant is a ``Class I 
sludge management facility,'' the applicant shall submit the results of 
a toxicity characteristic leaching procedure (TCLP), as described in 40 
CFR part 261, conducted in the last five years to determine whether the 
sewage sludge is a hazardous waste.
    (ii) The applicant shall submit sewage sludge monitoring data for 
the 

[[Page 62582]]
parameters indicated in paragraphs (q)(7)(ii) (A) through (B) of this 
section. Monitoring data shall be two years old or less. The data for 
each parameter shall include the concentration in sewage sludge (mg/kg 
dry weight), the sample date(s), the analytical method, and the minimum 
detection level for the analysis.
    (A) ``Class I Sludge Management Facilities,'' as defined in 
Sec. 122.2, shall submit sewage sludge monitoring data for TKN, 
ammonia, nitrate, total phosphorus, the pollutants in Appendix J of 
this part, Tables 2 and 3, and any other parameters for which limits in 
sewage sludge have been established in 40 CFR part 503 on the date of 
permit application.
    (B) All other facilities required to apply under this section shall 
submit sewage sludge monitoring data for TKN, ammonia, nitrate, total 
phosphorus and those pollutants for which limits in sewage sludge have 
been established in 40 CFR part 503 on the date of permit application;
    (8) Preparation of sewage sludge. If the applicant is a ``person 
who prepares'' sewage sludge, as defined at 40 CFR 503.9(r), the 
applicant shall provide the following information:
    (i) If the applicant's facility generates sewage sludge, the total 
dry metric tons per 365-day period generated at the facility;
    (ii) If the applicant's facility receives sewage sludge from 
another facility, the following information for each facility from 
which sewage sludge is received:
    (A) The name, mailing address, and location of the other facility;
    (B) The total dry metric tons per 365-day period received from the 
other facility; and
    (C) A description of any treatment processes occurring at the other 
facility, including blending activities and treatment to reduce 
pathogens or vector attraction characteristics;
    (iii) If the applicant's facility changes the quality of sewage 
sludge through blending, treatment, or other activities, the following 
information:
    (A) Whether the Class A pathogen reduction requirements in 40 CFR 
503.32(a) or the Class B pathogen reduction requirements in 40 CFR 
503.32(b) are met, and a description of any treatment processes used to 
reduce pathogens in sewage sludge;
    (B) Whether any of the vector attraction reduction options of 40 
CFR 503.33(b)(1) through (b)(8) are met, and a description of any 
treatment processes used to reduce vector attraction properties in 
sewage sludge; and
    (C) A description of any other blending, treatment, or other 
activities that change the quality of sewage sludge;
    (iv) If sewage sludge from the applicant's facility meets the 
ceiling concentrations in 40 CFR 503.13(b)(1), the pollutant 
concentrations in 40 CFR 503.13(b)(3), the Class A pathogen 
requirements in 40 CFR 503.32(a), and one of the vector attraction 
reduction requirements in 40 CFR 503.33(b)(1) through (b)(8), and if 
the sewage sludge is applied to the land, the applicant shall provide 
the total dry metric tons per 365-day period of sewage sludge subject 
to this paragraph that is applied to the land;
    (v) If sewage sludge from the applicant's facility is sold or given 
away in a bag or other container for application to the land, and the 
sewage sludge is not subject to paragraph (q)(8)(iv) of this section, 
the applicant shall provide the following information:
    (A) The total dry metric tons per 365-day period of sewage sludge 
subject to this paragraph that is sold or given away in a bag or other 
container for application to the land; and
    (B) A copy of all labels or notices that accompany the sewage 
sludge being sold or given away;
    (vi) If sewage sludge from the applicant's facility is provided to 
another ``person who prepares,'' as defined at 40 CFR 503.9(r), and the 
sewage sludge is not subject to paragraph (q)(8)(iv) of this section, 
the applicant shall provide the following information for each facility 
receiving the sewage sludge:
    (A) The name and mailing address of the receiving facility;
    (B) The total dry metric tons per 365-day period of sewage sludge 
subject to this paragraph that the applicant provides to the receiving 
facility;
    (C) A description of any treatment processes occurring at the 
receiving facility, including blending activities and treatment to 
reduce pathogens or vector attraction characteristic;
    (D) A copy of the notice and necessary information that the 
applicant is required to provide the receiving facility under 40 CFR 
503.12(g); and
    (E) If the receiving facility places sewage sludge in bags or 
containers for sale or give-away to application to the land, a copy of 
any labels or notices that accompany the sewage sludge;
    (9) Land application of bulk sewage sludge. If sewage sludge from 
the applicant's facility is applied to the land in bulk form, and is 
not subject to Sec. 122.21(q)(8)(iv), (v), or (vi), the applicant shall 
provide the following information:
    (i) The total dry metric tons per 365-day period of sewage sludge 
subject to this paragraph (q)(9) that is applied to the land;
    (ii) If any land application sites are located in States other than 
the State where the sewage sludge is prepared, a description of how the 
applicant will notify the permitting authority for the State(s) where 
the land application sites are located;
    (iii) The following information for each land application site that 
has been identified at the time of permit application:
    (A) The name (if any), and location for the land application site;
    (B) The name, mailing address, and telephone number of the site 
owner, if different from the applicant;
    (C) The name, mailing address, and telephone number of the person 
who applies sewage sludge to the site, if different from the applicant;
    (D) Whether the site is agricultural land, forest, a public contact 
site, or a reclamation site, as such site types are defined under 40 
CFR 503.11;
    (E) The type of vegetation grown on the site, if known, and the 
nitrogen requirement for this vegetation;
    (F) Whether either of the vector attraction reduction options of 40 
CFR 503.33(b)(9) or (b)(10) is met at the site, and a description of 
any procedures employed at the time of use to reduce vector attraction 
properties in sewage sludge; and
    (G) Any available ground-water monitoring data, with a description 
of the well locations and approximate depth to ground water, for the 
land application site;
    (iv) The following information for each land application site that 
has been identified at the time of permit application, if the applicant 
intends to apply bulk sewage sludge subject to the cumulative pollutant 
loading rates in 40 CFR 503.13(b)(2) to the site:
    (A) Whether the applicant has contacted the permitting authority in 
the State where the bulk sewage sludge subject to 40 CFR 503.13(b)(2) 
will be applied, to ascertain whether bulk sewage sludge subject to 40 
CFR 503.13(b)(2) has been applied to the site on or since July 20, 
1993, and if so, the name of the permitting authority and the name and 
phone number of a contact person at the permitting authority;
    (B) Identification of facilities other than the applicant's 
facility that have sent, or are sending, sewage sludge subject to the 
cumulative pollutant loading rates in 40 CFR 503.13(b)(2) to the site 
since July 20, 1993, if, based on the inquiry in paragraph 
(q)(9)(iv)(A) of this section, bulk sewage sludge subject to cumulative 
pollutant loading rates in 

[[Page 62583]]
40 CFR 503.13(b)(2) has been applied to the site since July 20, 1993;
    (v) If not all land application sites have been identified at the 
time of permit application, the applicant shall submit a land 
application plan that, at a minimum:
    (A) Describes the geographical area covered by the plan;
    (B) Identifies the site selection criteria;
    (C) Describes how the site(s) will be managed;
    (D) Provides for advance notice to the permit authority of specific 
land application sites and reasonable time for the permit authority to 
object prior to land application of the sewage sludge; and
    (E) Provides for advance public notice as required by State and 
local law, but in all cases requires notice to landowners and occupants 
adjacent to or abutting the proposed land application site;
    (10) Surface disposal. If sewage sludge from the applicant's 
facility is placed on a surface disposal site, the applicant shall 
provide the following information:
    (i) The total dry metric tons of sewage sludge from the applicant's 
facility that is placed on surface disposal sites per 365-day period;
    (ii) The following information for each surface disposal site 
receiving sewage sludge from the applicant's facility that the 
applicant does not own or operate:
    (A) The site name or number, contact person, mailing address, and 
telephone number for the surface disposal site; and
    (B) The total dry metric tons from the applicant's facility per 
365-day period placed on the surface disposal site; and
    (iii) The following information for each active sewage sludge unit 
at each surface disposal site that the applicant owns or operates:
    (A) The name or number and the location of the active sewage sludge 
unit;
    (B) The total dry metric tons placed on the active sewage sludge 
unit per 365-day period;
    (C) The total dry metric tons placed on the active sewage sludge 
unit over the life of the unit;
    (D) A description of any liner for the active sewage sludge unit, 
including whether it has a maximum permeability of 1 x 10-7 cm/
sec;
    (E) A description of any leachate collection system for the active 
sewage sludge unit, including the method used for leachate disposal, 
and any Federal, State, and local permit number(s) for leachate 
disposal;
    (F) If the active sewage sludge unit is less than 150 meters from 
the property line of the surface disposal site, the actual distance 
from the unit boundary to the site property line;
    (G) The remaining capacity (dry metric tons) for the active sewage 
sludge unit;
    (H) The date on which the active sewage sludge unit is expected to 
close, if such a date has been identified;
    (I) The following information for any other facility that sends 
sewage sludge to the active sewage sludge unit:
    (1) The name, contact person, and mailing address of the facility; 
and
    (2) Available information regarding the quality of the sewage 
sludge received from the facility, including any treatment at the 
facility to reduce pathogens or vector attraction characteristics;
    (J) Whether any of the vector attraction reduction options of 40 
CFR 503.33(b)(9) through (b)(11) is met at the active sewage sludge 
unit, and a description of any procedures employed at the time of 
disposal to reduce vector attraction properties in sewage sludge;
    (K) The following information, as applicable to any ground-water 
monitoring occurring at the active sewage sludge unit:
    (1) A description of any ground-water monitoring occurring at the 
active sewage sludge unit;
    (2) Any available ground-water monitoring data, with a description 
of the well locations and approximate depth to ground water;
    (3) A copy of any ground-water monitoring plan that has been 
prepared for the active sewage sludge unit; and
    (4) A copy of any certification that has been obtained from a 
qualified ground-water scientist that the aquifer has not been 
contaminated; and
    (L) If site-specific pollutant limits are being sought for the 
sewage sludge placed on this active sewage sludge unit, information to 
support such a request;
    (11) Incineration. If sewage sludge from the applicant's facility 
is fired in a sewage sludge incinerator, the applicant shall provide 
the following information:
    (i) The total dry metric tons of sewage sludge from the applicant's 
facility that is fired in sewage sludge incinerators per 365-day 
period;
    (ii) The following information for each sewage sludge incinerator 
firing the applicant's sewage sludge that the applicant does not own or 
operate:
    (A) The name and/or number, contact person, mailing address, and 
telephone number of the sewage sludge incinerator; and
    (B) The total dry metric tons from the applicants facility per 365-
day period fired in the sewage sludge incinerator;
    (iii) The following information for each sewage sludge incinerator 
that the applicant owns or operates:
    (A) The name and/or number and the location of the sewage sludge 
incinerator;
    (B) The total dry metric tons per 365-day period fired in the 
sewage sludge incinerator;
    (C) Information, test data, and documentation of ongoing operating 
parameters indicating that compliance with the National Emission 
Standard for Beryllium in 40 CFR part 61 will be achieved;
    (D) Information, test data, and documentation of ongoing operating 
parameters indicating that compliance with the National Emission 
Standard for Mercury in 40 CFR part 61 will be achieved;
    (E) The dispersion factor for the sewage sludge incinerator, as 
well as modeling results and supporting documentation;
    (F) The control efficiency for parameters regulated in 40 CFR 
503.43, as well as performance test results and supporting 
documentation;
    (G) Information used to calculate the risk specific concentration 
(RSC) for chromium, including the results of incinerator stack tests 
for hexavalent and total chromium concentrations, if the applicant is 
requesting a chromium limit based on a site-specific RSC value;
    (H) The concentration (ppm) of total hydrocarbons (THC) or Carbon 
Monoxide (CO) in the exit gas for the sewage sludge incinerator, as 
well as supporting documentation, both before and after correction for 
zero percent moisture and correction to seven percent oxygen as 
required in 40 CFR 503.44;
    (I) The oxygen concentration in the sewage sludge incinerator stack 
exit gas;
    (J) Information used to determine the moisture content of the 
sewage sludge incinerator stack exit gas;
    (K) The type of sewage sludge incinerator;
    (L) The combustion temperature, as obtained during the performance 
test of the sewage sludge incinerator to determine pollutant control 
efficiencies;
    (M) The following information on sewage sludge feed rate:
    (1) Sewage sludge feed rate in dry metric tons per day;
    (2) Identification of whether the feed rate submitted is average 
use or maximum design; and
    (3) A description of how the feed rate was calculated;
    (N) The incinerator stack height in meters for each stack, 
including identification of whether actual or creditable stack height 
was used; 

[[Page 62584]]

    (O) The operating parameters for the sewage sludge incinerator air 
pollution control device(s), as obtained during the performance test of 
the sewage sludge incinerator to determine pollutant control 
efficiencies;
    (P) Identification of the monitoring equipment in place, including 
(but not limited to) equipment to monitor the following:
    (1) Total hydrocarbons or Carbon Monoxide;
    (2) Percent oxygen;
    (3) Percent moisture; and
    (4) Combustion temperature; and
    (Q) A list of all air pollution control equipment used with this 
sewage sludge incinerator;
    (12) Disposal in a municipal solid waste landfill. If sewage sludge 
from the applicant's facility is sent to a municipal solid waste 
landfill (MSWLF), the applicant shall provide the following information 
for each MSWLF to which sewage sludge is sent:
    (i) The name, contact person, mailing address, location, and all 
applicable permit numbers of the MSWLF;
    (ii) The total dry metric tons per 365-day period sent from this 
facility to the MSWLF;
    (iii) A determination of whether the sewage sludge meets applicable 
requirements for disposal of sewage sludge in a MSWLF, including the 
results of the paint filter liquids test and any additional 
requirements that apply on a site-specific basis; and
    (iv) Information, if known, indicating whether the MSWLF complies 
with criteria set forth in 40 CFR Part 258;
    (13) Contractors. All applicants shall provide the name, mailing 
address, telephone number, and responsibilities of all contractors 
responsible for any operational or maintenance aspects of the facility;
    (14) Other information. At the request of the permitting authority, 
the applicant shall provide any other information necessary to 
determine the appropriate standards for permitting under 40 CFR part 
503, and shall provide any other information necessary to assess the 
sewage sludge use and disposal practices, determine whether to issue a 
permit, or identify appropriate permit requirements; and
    (15) Signature. All applications shall be signed by a certifying 
official in compliance with Sec. 122.22.
    7. Part 122 is amended by adding Appendix J to read as follows:

Appendix J to Part 122--NPDES Permit Testing Requirements for Publicly 
Owned Treatment Works (Sec. 122.21(j)) and Treatment Works Treating 
Domestic Sewage (Sec. 122.21(q))

Table 1--Effluent Parameters for All POTWS

Ammonia (as N)
Biochemical oxygen demand (BOD-5 or CBOD-5)
Chlorine (total residual, TRC)
Dissolved oxygen
E. Coli
Enterococci
Fecal coliform
Flow Rate
Hardness (as CaCO3)
Kjeldahl nitrogen
Nitrate/Nitrite
Oil and grease
pH
Phosphorus
Temperature
Total dissolved solids
Total suspended solids

Table 2--Effluent and Sewage Sludge Parameters for Selected POTWS and 
Treatment Works Treating Domestic Sewage

Metals (Total Recoverable), Cyanide and Total Phenols

Antimony
    7440-36-0
Arsenic
    7440-38-2
Beryllium
    7440-41-7
Cadmium
    7440-43-9
Chromium
    7440-47-3
Copper
    7440-50-8
Lead
    7439-92-1
Mercury
    7439-97-6
Nickel
    7440-02-0
Selenium
    7782-49-2
Silver
    7440-22-4
Thallium
    7440-28-0
Zinc
    7440-66-6
Cyanide
    57-12-5
Phenols, total

Volatile Organic Compounds

Acrolein
    107-02-8
Acrylonitrile
    107-13-1
Benzene
    271-43-2
Bromoform
    75-25-2
Carbon tetrachloride
    56-23-5
Chlorobenzene
    108-90-7
Chlorodibromomethane
    124-48-1
Chloroethane
    75-00-3
2-chloroethylvinyl ether
    110-75-8
Chloroform
    67-66-3
Dichlorobromomethane
    75-27-4
1,1-dichloroethane
    75-34-3
1,2-dichloroethane
    107-06-2
Trans-1,2-dichloroethylene
    156-60-5
1,1- dichloroethylene
    75-35-4
1,2-dichloropropane
    78-87-5
1,3-dichloropropene
    542-75-6
Ethylbenzene
    100-41-4
Methyl bromide
    74-83-9
Methyl chloride
    74-87-3
Methylene chloride
    75-09-2
1,1,2,2-tetrachloroethane
    630-20-6
Tetrachloroethylene
    127-18-4
Toluene
    108-88-3
1,1,1-trichloroethane
    71-55-6
1,1,2-trichloroethane
    79-00-5
Trichloroethylene
    79-01-6
Vinyl chloride
    75-01-4

Acid-extractable compounds

P-chloro-m-cresol
    59-50-7
2-chlorophenol
    95-57-8
2,4-dichlorophenol
    120-83-2
222,4-dimethylphenol
    105-67-9
4,6-dinitro-o-cresol
    534-52-1
2,4-dinitrophenol
    51-28-5
2-nitrophenol
    887-5-5
4-nitrophenol
    100-02-7
Pentachlorophenol
    87-86-5
Phenol
    108-295-2
2,4,6-trichlorophenol
    88-06-2

Base-Neutral Compounds

Acenaphthene
    83-32-9
Acenaphthylene
    208-96-8
Anthracene 

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    120-12-7
Benzidine
    92-87-5
Benzo(a)anthracene
    56-55-3
Benzo(a)pyrene
    50-32-8
3,4 benzofluoranthene
    205-99-2
Benzo(ghi)perylene
    191-24-2
Benzo(k)fluoranthene
    207-08-9
Bis (2-chloroethoxy) methane
    111-91-1
Bis (2-chloroethyl) ether
    111-44-4
Bis (2-chloroisopropyl ether
    108-60-1
Bis (2-ethylhexyl) phthalate
    117-81-7
4-bromophenyl phenyl ether
    101-55-3
Butyl benzyl phthalate
    85-68-7
2-chloronaphthalene
    91-58-7
4-chlorophenyl phenyl ether
    7005-72-3
Chrysene
    218-01-9
Di-n-butyl phthalate
    84-74-2
Di-n-octyl phthalate
    117-84-0
Dibenzo(a,h)anthracene
    53-70-3
1,2-dichlorobenzene
    95-50-1
1,3-dichlorobenzene
    541-73-1
1,4-dichlorobenzene
    106-46-7
3,3'-dichlorobenzidine
    91-94-1
Diethyl phthalate
    84-66-2
Dimethyl phthalate
    131-11-3
2,4-dinitrotoluene
    121-14-2
2,6-dinitrotoluene
    606-20-2
1,2-diphenylhydrazine
    122-66-7
Fluoranthene
    206-44-0
Fluorene
    86-73-7
Hexachlorobenzene
    118-74-1
Hexachlorobutadiene
    87-68-3
Hexachlorocyclopentadiene
    77-47-4
Hexachloroethane
    67-72-1
Indeno(1,2,3-cd)pyrene
    193-39-5
Isophorone
    78-59-1
Naphthalene
    91-20-3
Nitrobenzene
    98-95-3
N-nitrosodi n-propylamine
    621-64-7
N-nitrosodimethylamine
    62-75-9
N-nitrosodiphenylamine
    86-30-6
Phenanthrene
    85-01-8
Pyrene
    129-00-0
1,2,4,-trichlorobenzene
    120-82-1

Table 3--Other Effluent and Sewage Sludge Parameters for Treatment 
Works Treating Domestic Sewage and Selected POTWS

Metals

Molybdenum
    7439-98-7

Pesticides

Aldrin
    309-00-2
Alpha-BHC
    319-84-6
Beta-BHC
    319-85-7
Delta-BHC
    319-86-8
Gamma-BHC
    58-89-9
Chlordane
    57-74-9
4,4'-DDD
    72-54-8
4,4'-DDE
    72-55-9
4,4'-DDT
    50-29-3
Dieldrin
    60-57-1
Alpha-endosulfan
    959-98-8
Beta-endosulfan
    33213-65-9
Endosulfan sulfate
    1031-07-8
Endrin
    72-20-8
Endrin aldehyde
    7421-93-4
Heptachlor
    76-44-8
Heptachlor epoxide
    1024-57-3
PCB-1016 (Aroclor 1016)
    12674-11-2
PCB-1221 (Aroclor 1221)
    11104-28-2
PCB-1232 (Aroclor 1232)
    11141-16-5
PCB-1242 (Aroclor 1242)
    53469-21-9
PCB-1248 (Aroclor 1248)
    12672-29-6
PCB-1254 (Aroclor 1254)
    11097-69-1
PCB-1260 (Aroclor 1260)
    11096-82-5
Toxaphene
    8001-35-2

Other

2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD)
    1746-01-6

PART 123--STATE PROGRAM REQUIREMENTS

    8a. The authority citation for part 123 continues to read as 
follows:

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    8b. Section 123.25 is amended by revising paragraph (a)(4) to read 
as follows:

Sec. 123.25  Requirements for permitting.

    (a) * * *
    (4) Sections 122.21(a), (b), (c)(2), (e) through (k), (m) through 
(p), and (q)--(Application for a permit);
* * * * *

PART 403--GENERAL PRETREATMENT REGULATIONS FOR EXISTING AND NEW 
SOURCES OF POLLUTION

    9. The authority citation for part 403 continues to read as 
follows:

    Authority: Sec. 54(c)(2) of the Clean Water Act of 1977, (Pub. 
L. 95-217) sections 204(b)(1)(C), 208(b)(2)(C)(iii), 
301(b)(1)(A)(ii), 301(b)(2)(C), 301(h)(5), 301(i)(2), 304(e), 
304(g), 307, 308, 309, 402(b), 405, and 501(a) of the Federal Water 
Pollution Control Act (Pub. L. 92-500) as amended by the Clean Water 
Act of 1977 and the Water Quality Act of 1987 (Pub. L. 100-4).

    10. Section 403.8 is amended by revising paragraph (f)(4) to read 
as follows:

Sec. 403.8  Pretreatment Program Requirements: Development and 
Implementation by POTW.

* * * * *
    (f) * * *
    (4) The POTW shall:
    (i) Develop local limits as required in Sec. 403.5(c)(1), or 
demonstrate that they are not necessary; and
    (ii) Following permit issuance or reissuance, provide a written 
technical evaluation of the need to revise local limits under 40 CFR 
403.5(c)(1).
* * * * *

PART 501--STATE SLUDGE MANAGEMENT PROGRAM REGULATIONS

    11. The authority citation for part 501 continues to read as 
follows:

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    12. Section 501.15 is amended by removing the reference 
``Sec. 501.15(a)(2)(ix)'' in paragraphs (d)(4) introductory text, 
(d)(4)(i)(C), and (d)(5)(ii)(B) and adding in its place 
``Sec. 122.21(q)(9)(v)'', and by revising paragraph (a)(2) to read as 
follows: 

[[Page 62586]]

Sec. 501.15  Requirements for permitting.

    (a) * * *
    (2) Information requirements. All treatment works treating domestic 
sewage shall submit to the Director the information listed at 40 CFR 
122.21 (q) within the time frames established in paragraph (d)(1)(ii) 
of this section.
* * * * *
    Note: The following form will not appear in the Code of Federal 
Regulations.

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[[Page 62611]]

Instructions For Completing Form 2A

Application For a NPDES Permit

Background Information

    Each wastewater treatment works that discharges treated effluent to 
waters of the United States must apply for a permit for its discharges. 
This permitting requirement is part of the National Pollutant Discharge 
Elimination System (NPDES) program, which is implemented by the U.S. 
Environmental Protection Agency (EPA). You can obtain a permit for your 
treatment works by filling out and sending in the appropriate form(s) 
to your permitting authority. If the State in which your treatment 
works is located operates its own NPDES program, then the State is your 
permitting authority and you should ask your State for permit 
application forms. On the other hand, if EPA operates the NPDES program 
in your State, then EPA is the permitting authority, and you must fill 
out and send in Form 2A.
    These instructions explain how to fill out each question in Form 
2A. Be sure to read the Application Overview section on the cover page 
of Form 2A before you start filling out the form. Not every applicant 
will have to fill out every section of Form 2A. The Application 
Overview section will help you determine which portions of Form 2A 
apply to your treatment works.
    EPA has developed Form 2A in a modular format, consisting of two 
packets: The Basic Application Information packet and the Supplemental 
Application Information packet. At a minimum, all applicants must 
complete the Basic Application Information packet, which contains 
questions 1-19. As directed by the Application Overview section on page 
1 of the form, certain applicants will also need to complete one or 
more parts of the Supplemental Application Information packet.

Commonly Asked Questions

What If I Need More Space for My Answer?

    Some questions on Form 2A require you to write out short answers. 
If you need more room for your answer than is provided on the form, 
attach a separate sheet called ``Additional Information.'' At the top 
of the separate sheet, put the name of your plant, your plant's NPDES 
permit number, and the number of the outfall that you are writing 
about. Also, next to your answer, put the question number (from Form 
2A). Provide this information on any drawings or other papers that you 
attach to your application as well.

Will the Public Be Able to See the Information I Submit?

    Any information you submit on Form 2A will be available to the 
public. If you send in more information than is requested on Form 2A 
that is considered company-privileged information, you may ask EPA to 
keep that extra information confidential. Note that you cannot ask EPA 
to keep effluent data confidential. If you want any of your plant's 
information to be confidential, tell EPA this when you submit your 
application. Otherwise, EPA may make the information public without 
letting you know in advance. For more information on claims of 
confidentiality, see EPA's business confidentiality regulations at 
Title 40, Part 2 of the Code of Federal Regulations (CFR).

How Do I Complete the Forms?

    Answer every question on Form 2A that applies to your treatment 
works. If your answer to a question requires more room than there is on 
the form, attach additional sheets (see above). If a particular 
question does not apply to your treatment works, write ``N/A'' (meaning 
``not applicable'') as your answer to that question. If you need advice 
on how to fill out these forms, write or contact your EPA Regional 
Office or your State office at the following address:

Completing Form 2A

Facility Name and NPDES Permit Number

    At the top of each page of Form 2A, put your plant's name and NPDES 
permit number (if you already have been assigned one) in the 
appropriate boxes. Also put this information on the top of any 
``Additional Information'' sheets you attach. Do not write anything in 
the space marked ``EPA ID Number.''
    As stated above, Form 2A consists of two packets: the Basic 
Application Information packet and the Supplemental Application 
Information packet. These instructions provide directions for 
completing both of these packets.

Basic Application Information Packet

    Paperwork Reduction Act Notice: The public reporting and 
recordkeeping burden for this collection of information (the Basic 
Application Information Packet) is estimated to average 5.3 hours 
per response. This estimate includes the time needed to review 
instructions; develop, acquire, install, and utilize technology and 
systems for the purposes of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing 
and providing information; adjust the existing ways to comply with 
any previously applicable instructions and requirements; train 
personnel to respond to a collection of information; search existing 
data sources; complete and review the collection of information; and 
transmit or otherwise disclose the information. An Agency may not 
conduct or sponsor, and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.
    Send comments regarding the burden estimate or any other aspect 
of this collection of information, including suggestions for 
reducing the burden, to Chief, OPPE Regulatory Information Division, 
U.S. Environmental Protection Agency (2136), 401 M St., S.W., 
Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th St., 
N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include 
the OMB control number in any correspondence. Do not send the 
completed application form to these addresses.

    All applicants must complete the Basic Application Information 
packet, which consists of questions 1-19. Note that some questions in 
this packet may not apply to your treatment works. For these questions, 
write ``N/A'' in the response space.

Application Overview

    Read the Application Overview before completing any of Form 2A. 
This section will help you determine which questions and parts of Form 
2A apply to your facility. Note that the permitting authority may 
require you to complete certain questions or provide additional 
information as well.
    As stated above, all applicants must complete the Basic Application 
Information packet. However, only certain types of applicants will need 
to complete the Supplemental Application Information packet. Refer to 
the directions in the Application Overview section on Form 2A to 
determine which parts of the Supplemental Application Information 
packet you need to complete.

Treatment Works

1. Facility Information
    Provide your plant's official or legal name. Do not use a nickname 
or short name. Also provide your plant's mailing address, a contact 
person at the plant, his/her title, and that person's work telephone 
number. The contact person should be someone who has a thorough 
understanding of the operation of you
FR Doc. 95-28213 National Pollutant Discharge Elimination System Permit Application Requirements for Publicly Owned Treatment Works and Other Treatment Works Treating Domestic Sewage
r treatment works. The permitting 
authority may call this person if there are questions about the 
application. Also provide the actual facility address (if different 
than the mailing address). The facility location should be a street 
address (not a Post Office box number) 

[[Page 62612]]
or other description of the actual location of the facility. Be sure to 
provide the city or county and state in which your facility is located.
2. Applicant Information
    If someone other than the facility contact person is actually 
submitting this application, provide the name and mailing address of 
that person's organization. Also provide the name of a contact person, 
his/her title, and his/her work telephone number. The permitting 
authority may call this person if there are questions about the 
application.
    In addition, indicate whether this applicant is the owner or 
operator (or both) of the treatment works. If it is neither, describe 
the relationship of the applicant to the treatment works (e.g., 
contractor). Also indicate whether you want correspondence regarding 
this application (phone calls, letters, the permit, etc.) directed to 
the applicant or to the facility address provided in question 1.
3. Existing Environmental Permits
    Provide the permit number of each currently effective permit issued 
to the treatment works for NPDES, UIC, RCRA, PSD, and any other 
environmental program. If you have previously filed an application but 
have not yet received a permit, give the number of the application, if 
any. If you have more than one currently effective permit under a 
particular permit program, list each such permit number. List any other 
relevant environmental permits under ``Other.'' These may include 
permits issued under the following programs: (1) Federal: Ocean Dumping 
Act, Section 404 of the Clean Water Act, or the Surface Mining Control 
and Reclamation Act; (2) State: new air emission sources in 
nonattainment areas under Part D of the Clean Air Act or State permits 
issued under Section 404 of the Clean Water Act; or (3) local: any 
applicable local environmental permit programs.
4. Population
    For all the cities, towns, and unincorporated areas served by your 
plant, enter the number of people served by your plant at the time you 
complete this form. If you do not know the population of each area, 
then only provide the total population for your entire treatment works. 
If another treatment works discharges into your plant, give the name of 
that other treatment works and the population it serves.
5. Flow
    a. Provide your plant's current design maximum daily influent flow 
rate. ``Design maximum daily influent flow rate'' means the average 
amount of wastewater flow your plant was designed to receive on a daily 
basis. Enter the flow number in million gallons per day (mgd). 
Treatment works with a design flow less than 5 mgd must provide the 
design influent flow rate to two decimal places. Treatment works that 
are greater than or equal to 5 mgd must report this to 1 decimal place. 
This is because fluctuations of 0.01 mgd to .09 mgd in smaller 
treatment works represent a significant percentage of daily flow.
    b. Enter the annual average daily flow rate, in million gallons per 
day, that your plant actually treated this year and each of the past 
two years for days that your plant actually discharges. Each year's 
data must be based on a 12-month time period, with the 12th month of 
``this year'' occurring no more than three months prior to this 
application submittal.
    c. Enter the maximum daily flow rate, in million gallons per day 
(mgd), that your plant received this year and each of the past two 
years. Each year's data must be based on a 12-month time period, with 
the 12th month of ``this year'' occurring no more than three months 
prior to this application submittal.
6. Collection System
    Indicate what type of collection system brings wastewater to your 
plant. If you check both of the collection systems indicated on the 
form, you must also provide an estimate of what percentage (in terms of 
miles of pipe) of your entire collection system each type represents. 
For example, 80 percent separate sanitary sewers would mean that 80 
percent of the actual miles of pipes are separate sanitary sewers (and 
20 percent are combined sewers).
     ``Separate sanitary sewer'' means a system of pipes that 
only carries:
    (1) Domestic wastewater from connections to houses, hotels, non-
industrial office buildings, institutions, or sanitary waste from 
industrial facilities.
    (2) Industrial wastewater received through connections to 
industrial plants or facilities. This consists of water that is used in 
the manufacturing processes conducted at the facility.
     ``Combined storm and sanitary sewer'' means a system of 
pipes that carries a mixture of storm water runoff and sanitary 
wastewater.
7. Inflow and Infiltration
    Estimate, in gallons per day (gpd), the average amount of water 
that enters the treatment works through inflow and infiltration. Also 
explain any actions you are taking to correct or decrease inflow and 
infiltration.
     ``Inflow'' means that water enters the sewer system from 
the land's surface in an uncontrolled way. Usually, this happens when 
surface water runs in through unsealed manhole covers. It may also 
happen when people illegally connect their foundation drains, roof 
leaders, cellar drains, yard drains, or catch basins to the sewer 
system.
     ``Infiltration'' happens when non-wastewater seeps into 
the sewer system from the ground. Ground water usually leaks into the 
sewer system through defective pipes, pipe joints, connections, or 
manholes.
8. Topographic Map
    Provide a topographic map or maps of the area extending at least to 
one mile beyond the property boundaries of the facility which clearly 
show the following:
     The area surrounding the treatment plant, including all 
unit processes;
     The pipes or other structures through which wastewater 
enters the treatment plant and the pipes or other structures through 
which treated wastewater is discharged from the treatment plant. 
Include outfalls from bypass piping, if applicable;
     Each well where wastewater from the plant is injected 
underground;
     Wells, springs, other surface water bodies, and drinking 
water wells that are: (1) Within \1/4\ mile of the property boundaries 
of the treatment plant, and(2) listed in the public record or otherwise 
known to you;
     Any areas where the sewage sludge produced by the 
treatment plant is stored, treated, or disposed;
     If the treatment works receives waste that is classified 
as hazardous under the Resource Conservation and Recovery Act (RCRA) by 
truck, rail, or special pipe, show on the map where that hazardous 
waste enters the treatment plant and where it is treated stored, and/or 
disposed.
    If a discharge structure, hazardous waste disposal site, or 
injection well associated with the facility is located more than one 
mile from the plant, include it on the map, if possible. If not, attach 
additional sheets describing the location of the structure, disposal 
site, or well, and identify the U.S. Geological Survey (or other) map 
corresponding to the location.
    On each map, include the map scale, a meridian arrow showing north 
and 

[[Page 62613]]
latitude and longitude at the nearest whole second. On all maps of 
rivers, show the direction of the current, and in tidal waters, show 
the directions of the ebb and flow tides. Use a 7\1/2\ minute series 
map published by the U.S. Geological Survey, which may be obtained 
through the U.S. Geological Survey Offices listed below. If a 7\1/2\ 
minute series map has not been published for your facility, then you 
may use a 15 minute series map from the U.S. Geological Survey. If 
neither a 7\1/2\ minute or 15 minute series map has been published for 
your facility site, use a plat map or other appropriate map, including 
all the requested information; in this case, briefly describe land uses 
in the map area (e.g., residential, commercial).
    Maps may be purchased at local dealers (listed in your local yellow 
pages) or purchased over the counter at the following USGS Earth 
Science Information Centers (ESIC):

Anchorage-ESIC, 4230 University Dr., Rm. 101, Anchorage, AK 99508-
4664, (907)786-7011
Lakewood-ESIC, Box 25046, Bldg. 25, Rm. 1813, Denver Federal Center, 
MS 504, Denver, CO 80225-0046, (303)236-5829
Lakewood Open Files-ESIC, Box 25286, Bldg. 810, Denver Federal 
Center, Denver, CO
Menlo Park-ESIC, Bldg. 3, Rm. 3128, MS 532, 345 Middlefield Rd., 
Menlo Park, CA 94025-3591, (415)329-4309
Reston-ESIC, 507 National Center, Reston, VA 22092, (703)648-6045
Rolla-ESIC, 1400 Independence Rd., MS 231, Rolla, MO 65401-2602, 
(314)341-0851
Salt Lake City-ESIC, 2222 West 2300 South, Salt Lake City, UT 84119, 
(801)975-3742
Sioux Falls-ESIC, EROS Data Center, Sioux Falls, SD 57198-0001, 
(605)594-6151
Spokane-ESIC, U.S. Post Office Bldg., Rm. 135, 904 W. Riverside 
Ave., Spokane, WA 99201-1088, (509)353-2524
Stennis Space Center-ESIC, Bldg. 3101, Stennis Space Center, MS 
39529, (601)688-3541
Washington, D.C.-ESIC, U.S. Dept. of Interior, 1849 C St., NW, Rm. 
2650, Washington, D.C. 20240, (202)208-4047

    All maps should be either on paper or other material appropriate 
for reproduction. If possible, all sheets should be approximately 
letter size with margins suitable for filing and binding. As few sheets 
as necessary should be used to clearly show what is involved. Each 
sheet should be labeled with your facility's name, permit number, 
location (city, county, or town), date of drawing, and designation of 
the number of sheets of each diagram as ``page ____ of ____.''
9. Process Flow Diagram or Schematic
    Provide a process flow diagram or schematic that shows how 
wastewater flows through your plant. On your diagram, include all 
bypass piping. ``Bypass piping'' is a system of pipes, conduits, gates, 
and valves that can be used to intentionally divert wastewater flow 
from any part of your plant directly to a discharge point. A bypass 
happens before the wastewater has been fully treated. Title your 
diagram ``Schematic Wastewater Flow.'' An example of a diagram or 
schematic is shown in Figure A below. Also write a brief description of 
your diagram.
    In addition to the diagram, provide a water balance that shows the 
following items:
     All treatment units. Treatment units include all processes 
used to treat wastewater, such as chlorination and dechlorination 
units.
     The daily average flow rate (in mgd) that has entered your 
plant and that has been discharged from your plant over the past 12 
months.
     The daily average flow rate (in mgd) between treatment 
units in your facility for the past 12 months.

Figure A--Process Flow Diagram

    If possible, submit diagrams that are approximately letter size 
(8\1/2\ x 11 inches) and leave blank room at the edges so the 
permitting authority can file or bind the diagram(s) with your 
application. Submit the fewest number of diagrams that show the whole 
area. Label all of your plant's discharge points with their outfall 
numbers. At the top of each sheet, write your plant's name, NPDES 
permit number, location (city, county, or town), the date you made the 
diagram, and the number of each diagram sheet as ``page ____ of ____'' 
(e.g., page 2 of 4).
10. Bypass
    A ``bypass'' is the intentional diversion of wastewater (e.g., 
through an arrangement of pipes, conduits, gates, and/or valves) from 
any portion of your treatment plant to a discharge point before that 
wastewater is fully treated. Bypasses are prohibited unless the 
criteria in 40 CFR 122.41(m) are satisfied. For questions 10.a-10.c., 
provide information on both wet weather and dry weather bypasses if the 
treatment plant has the ability to bypass untreated or partially 
treated wastewater.
    a. Provide the number of bypass incidents that occurred at your 
plant during the past 12 months. Indicate whether this is an actual or 
approximate number.
    b. Provide the average number of hours that each bypass lasted 
during the past 12 months. Indicate whether this is an actual or 
approximate number.
    c. Provide the average volume (in million gallons) of the bypasses 
over the past 12 months. The average volume is the total number of 
gallons that were diverted from your plant divided by the number of 
bypasses. Indicate whether this is an actual or approximate number.
    d. Describe why bypasses happen at your plant.
    e. Provide information regarding the presence and use of backup 
generators at your plant.
11. Discharges and Other Disposal Methods
    a. Indicate whether your treatment works discharges effluent to 
waters of the United States. If the answer to 11.a. is ``No,'' then go 
to 11.b.
    List the number of each type of outfall to waters of the United 
States your treatment works has. If your plant has outfalls (other than 
bypass points) that discharge something other than treated sanitary 
effluent, give the total number of these outfalls and describe what 
type of effluent is discharged through them.

    Note: If your treatment works discharges to waters of the United 
States, then you must also complete the following sections of Form 
2A:
     Questions 15-18;
     Refer to the Application Overview section to determine 
whether you must also complete the Effluent Testing Information in 
Part A of the Supplemental Application Information packet.

    b. A surface impoundment with no point source discharge (to waters 
of the U.S.) is a holding pond or basin that is large enough to contain 
all wastewaters discharged into it. It has no places where water 
overflows from it. It is used for evaporation of water and very little 
water seeps into the ground. Your plant must report the location of 
each surface impoundment, on average how much water is placed in the 
impoundment each day, and how often water is discharged into the 
surface impoundment (continuous or intermittent). If your plant 
discharges to more than one surface impoundment, use an additional 
sheet (or sheets) to give this information for each impoundment. Attach 
the additional sheet(s) to the application form. The information on the 
location of the surface impoundment may be referenced on the 
topographic map prepared under question 8.
    c. Land application is the spraying or spreading of treated 
wastewater over an area of land. If your plant applies wastewater to 
land, you must list the site location, how many acres the site is, how 
much water is applied (as annual average daily application), and how 
often the wastewater is applied to the site (continuous or 
intermittent). If your plant applies wastewater to more than 

[[Page 62614]]
one site, provide the information for each site on a separate sheet (or 
sheets). Attach the additional sheet(s) to your application form. The 
information on the location of the surface impoundment may be 
referenced on the topographic map prepared under question 8.
    d. If your plant discharges treated or untreated wastewater to 
another treatment works (including a municipal waste transport or 
collection system), provide the information requested in question 11.d. 
If your plant sends wastewater to more than one treatment works, 
provide this information for each treatment works on an additional 
sheet (or sheets). Attach the additional sheet(s) to your application 
form. Describe how the wastewater is transported to the other treatment 
works. Also provide the name and mailing address of the company that 
transports your plant's wastewater to this treatment works as well as 
the name, phone number, and title of the contact person at the 
transportation company.
    Provide the name and mailing address of each treatment works that 
receives wastewater from your plant as well as the name, phone number, 
and title of the contact person at the treatment works that receives 
your plant's wastewater. Also, provide the NPDES number for the 
treatment works, if you know it. Indicate the average daily flow, in 
million gallons per day, that is sent from your plant to the other 
treatment works.
    e. Indicate whether your treatment works discharges, or has the 
potential to discharge, through combined sewer overflows. If your 
response to this question is ``Yes,'' then you must also complete Part 
D of the Supplemental Application Information packet.
    f. If your plant disposes of its wastewater in some way that was 
not described by 11.a.-11.e., briefly describe how your plant 
discharges or disposes of its wastewater. Also give the annual daily 
volumes disposed of this way and indicate whether the discharge is 
continuous or intermittent. Other ways to discharge or dispose include 
underground percolation and well injection.
12. Federal Indian Reservation
    Federal Indian Reservation means all land within the limits of any 
Indian reservation under the jurisdiction of the United States 
Government notwithstanding the issuance of any patent, and including 
rights-of-way running through the reservation. Indicate whether your 
plant is located on (i.e., within the limits of) a Federal Indian 
Reservation and whether the water body into which your plant discharges 
flows through a Federal Indian Reservation after it receives your plant 
discharge. If you mark ``Yes'' for either of these questions, describe 
which parts of your plant are located on a Federal Indian Reservation 
or indicate how far upstream from a Federal Indian Reservation your 
plant's discharge is.
13. Operation/Maintenance Performed by Contractor(s)
    If a contractor carries out any operational or maintenance aspects 
associated with wastewater treatment or effluent quality at this 
facility, provide the name, mailing address, and telephone number of 
each such contractor. Also provide a description of the activities 
performed by the contractor. Attach additional pages if necessary.
14. Scheduled Improvements, Schedules of Implementation
    Provide information on any improvements to your treatment works 
that you are currently planning. Include only those improvements that 
will affect the wastewater treatment, effluent quality, or design 
capacity of your treatment works (such improvements may include 
regionalization of treatment works). Also list the schedule for when 
these improvements will be started and finished. If your treatment 
works has more than one improvement planned, use a separate sheet of 
paper to provide information for each one.
    a. List each outfall number that is covered by the implementation 
schedule. The outfall numbers you use must be the same as the ones 
provided under question 15.
    b. Indicate whether the planned improvements or implementation 
schedules are required by or planned independently of any local, state, 
or Federal agencies.
    c. Provide a brief description of the improvements to be made for 
the outfalls listed in question 14.a.
    d. If you are submitting Form 2A for a renewal of an existing NPDES 
permit and you plan to change your treatment works' influent design 
flow rate, then provide the proposed new maximum daily influent design 
flow rate in mgd.
    e. Provide the information requested for each planned improvement. 
Supply dates for the following stages of any compliance schedule. For 
improvements that are planned independently of local, State, or Federal 
agencies, indicate planned or actual completion dates, as applicable. 
If a step has already been finished, give the date when that step was 
completed.
     ``Begin Construction'' means the date you plan to start 
construction.
     ``End Construction'' means the date you expect to finish 
construction.
     ``Begin Discharge'' means the date that you expect a 
discharge will start.
     ``Attain Operational Level'' means the date that you 
expect the effluent level will meet your plant's implementation 
schedule conditions.
    f. Note whether your treatment works has received appropriate 
permits or clearances that are required by other Federal or State 
requirements. If you have received such permits, describe them.

    Note: If this treatment works discharges treated wastewater to 
waters of the United States, go to question 15. If this treatment 
works does not discharge treated wastewater to waters of the United 
States, do not complete questions 15-18. Instead, go to question 19 
(Certification Statement). (You may also be required to complete 
portions of the Supplemental Application Information packet.)

Effluent Discharges

    Answer questions 15-17 once for each outfall through which your 
treatment works discharges effluent to surface waters of the United 
States. Do not include information about combined sewer overflow 
discharge points. Surface water means creeks, streams, rivers, lakes, 
estuaries, and oceans. If your treatment works has more than one 
outfall, copy and complete questions 15-17 once for each outfall.
15. Description of Outfall
    a.-e. Give the outfall number and its location. For location, 
provide the city or town (if applicable); ZIP code; the county; the 
state; and the latitude and longitude to the nearest second. If this 
outfall is a subsurface discharge (e.g., into an estuary, lake, or 
ocean), indicate how far the outfall is from shore and how far below 
the water's surface it is. Measure the distances in feet. Give these 
distances at the lowest point of low tide. Also provide the average 
daily flow rate in million gallons per day.
    f. Mark whether this outfall is a periodic or intermittent 
discharge. A ``periodic discharge'' is one that happens regularly (for 
example, monthly or seasonally), but is not continuous all year. An 
``intermittent discharge'' is one that happens sometimes, but not 
regularly. Discharges from holding ponds, lagoons, etc., may be 
included as periodic or intermittent. Do not include discharges from 
bypass points or combined sewer overflows in your answer. Give the 
number of times per year a discharge occurs from this outfall. Also 
tell how long each 

[[Page 62615]]
discharge lasts and how much water is discharged, in million gallons 
per day. List each month when discharge happens. If you do not have 
records of exact months in which such discharges occurred, provide an 
estimate based on the best available information.
    g. Note whether the outfall is equipped with a diffuser. If so, 
provide a brief description of the type of diffuser used (e.g., high-
rate).
16. Description of Receiving Waters
    a. Indicate which type of water this outfall discharges into--
stream/river, lake, estuary, ocean, or other (describe).
    b. Give the names of the surface waters to which this outfall 
discharges. For example, ``Control Ditch A, then into Stream B, then 
into River C, and finally into River D in River Basin E.''
    c. Provide the name of the watershed/river/stream system in which 
the receiving water (identified in question 16.b.) is located. If 
known, also provide the 14-digit watershed code assigned to this 
watershed by the U.S. Soil Conservation Service.
    d. Provide the name of the State Management/River Basin into which 
this outfall discharges. If known, also provide the 8-digit hydrologic 
cataloging unit code assigned by the U.S. Geological Survey.
    e. If the water body is a river or stream, provide the acute and 
chronic critical low flow in cubic feet per second (cfs). If you are 
unsure of these numbers, the U.S. Geological Survey may be able to give 
them to you. Or you may be able to get these numbers from prior 
studies.
    f. Give the total hardness of the receiving stream at critical low 
flow, in milligrams per liter of CaCO3, if applicable.
17. Description of Treatment
    a. Indicate the highest level of treatment that your plant provides 
for the discharge from this outfall.
    b. Give the design removal rates, in percent, for biochemical 
oxygen demand (BOD5) or carbonaceous biochemical oxygen demand 
(CBOD5), suspended solids (SS), phosphorus (P), and nitrogen (N).
    c. Describe the type of disinfection your plant uses (for example, 
chlorination, ozonation, ultraviolet, etc.) and any seasonal variation 
that may occur. If your plant uses chlorination, indicate whether it 
also dechlorinates.
    d. Note whether the facility has post aeration.

Effluent Testing Data

18. Effluent Testing Information: Conventional and Nonconventional 
Pollutants
    All applicants that discharge effluent to waters of the United 
States must complete question 18. Refer to the Application Overview 
section to determine if you must also complete the Effluent Testing 
Information in Part A of the Supplemental Application Information 
packet.
    Do not include information about combined sewer overflow discharge 
points in question 18.
    Refer to the following table to determine which effluent testing 
information questions you must complete and to determine the number of 
pollutant scans on which to base your data.

------------------------------------------------------------------------
                                                             Minimum No.
                                                              of scans  
  Treatment works characteristics     Form 2A requirements      (see    
                                                             Appendix A)
------------------------------------------------------------------------
Design flow rate less than   Question 18..........            3 
 1 mgd, and.                                                            
Not required to have (or                                        
 does not have) a pretreatment                                          
 program.                                                               
Design flow rate greater     Question 18 and Part             3 
 than or equal to 1 mgd, or .         A of Supplemental                 
                                      Application                       
                                      Information Packet.               
Required to have a                                              
 pretreatment program (or has one                                       
 in place), or.                                                         
Otherwise required by the                                       
 permitting authority to provide                                        
 the data.                                                              
------------------------------------------------------------------------

    Complete question 18 once for each outfall through which effluent 
is discharged to waters of the United States. Indicate on each page the 
outfall number (as assigned in questions 15-17) for which the data are 
provided. Using the blank rows provided on the form, submit any data 
the facility may have for pollutants not specifically listed in 
question 18.
    For specific instructions on completing the pollutant tables in 
question 18, refer to Appendix A of these instructions.

Certification

19. Certification
    Note: Before completing the Certification statement, review the 
Application Overview section on the cover page of Form 2A to make 
sure that you have completed all applicable sections of Form 2A, 
including any parts of the Supplemental Application Information 
packet.

    All permit applications must be signed and certified. Also indicate 
in the boxes provided which sections of Form 2A you are submitting with 
this application.
    An application submitted by a municipality, State, Federal, or 
other public agency must be signed by either a principal executive 
officer or ranking elected official. A principal executive officer of a 
Federal agency includes: (1) The chief executive officer of the agency, 
or (2) a senior executive officer having responsibility for the overall 
operations of a principal geographic unit of the agency (e.g., Regional 
Administrators of EPA).
    An application submitted by a corporation must be signed by a 
responsible corporate officer. A responsible corporate officer means: 
(1) A president, secretary, treasurer, or vice president in charge of a 
principal business function, or any other person who performs similar 
policy- or decision-making functions; or (2) the manager of 
manufacturing, production, or operating facilities employing more than 
250 persons or having gross annual sales or expenditures exceeding $25 
million (in second quarter 1980 dollars), if authority to sign 
documents has been assigned or delegated to the manager in accordance 
with corporate procedures.
    An application submitted by a partnership or sole proprietorship 
must be signed by a general partner or the proprietor, respectively.
    After completing the certification statement (all applicable 
sections of Form 2A must also be complete), submit the application to:

Supplemental Application Information Packet

    EPA has developed Form 2A in a modular format, consisting of two 
packets: the Basic Application Information packet and the Supplemental 
Application Information packet. At a minimum, all applicants must 
complete the Basic Application Information packet. As directed by the 
Application Overview section on the 

[[Page 62616]]
cover page of the form, certain applicants will also need to complete 
one or more parts of the Supplemental Application Information packet.
    The Supplemental Application Information packet is divided into the 
following parts:

 Part A Expanded Effluent Testing Data
 Part B Toxicity Testing Data
 Part C Industrial User Discharges, Pretreatment, and RCRA/
CERCLA Wastes
 Part D Combined Sewer Systems

    Refer to the Application Overview section to determine which 
part(s) of the Supplemental Application Information packet you must 
complete.

Part A: Expanded Effluent Testing Data

    Paperwork Reduction Act Notice: The public reporting and 
recordkeeping burden for this collection of information (Part A: 
Expanded Effluent Data) is estimated to average 5.7 hours per 
response. This estimate includes the time needed to review 
instructions; develop, acquire, install, and utilize technology and 
systems for the purposes of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing 
and providing information; adjust the existing ways to comply with 
any previously applicable instructions and requirements; train 
personnel to respond to a collection of information; search existing 
data sources; complete and review the collection of information; and 
transmit or otherwise disclose the information. An Agency may not 
conduct or sponsor, and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.
    Send comments regarding the burden estimate or any other aspect 
of this collection of information, including suggestions for 
reducing the burden, to Chief, OPPE Regulatory Information Division, 
U.S. Environmental Protection Agency (2136), 401 M St., SW., 
Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th St., 
NW., Washington, DC 20503, Attention: Desk Officer for EPA. Include 
the OMB control number in any correspondence. Do not send the 
completed application form to these addresses.

    Note: All applicants that discharge effluent to waters of the 
United States must complete question 18 of the Basic Application 
Information packet. Refer to the Application Overview section to 
determine if you must also complete the Effluent Testing Information 
in Part A of the Supplemental Application Information packet.

    Refer to the following table to determine which effluent testing 
information questions you must complete and to determine the number of 
pollutant scans on which to base your data.

------------------------------------------------------------------------
                                                             Minimum No.
                                                              of scans  
  Treatment works characteristics     Form 2A requirements      (see    
                                                             appendix A)
------------------------------------------------------------------------
 Design flow rate less than  Question 18..........            3 
 1 mgd, and.                                                            
 Not required to have (or    .....................  ............
 does not have) a pretreatment                                          
 program.                                                               
 Design flow rate greater    Question 18 and Part             3 
 than or equal to 1 mgd, or.          A of Supplemental                 
                                      Application                       
                                      Information Packet.               
 Required to have a          .....................  ............
 pretreatment program (or has one                                       
 in place) or.                                                          
 Otherwise required by the   .....................  ............
 permitting authority to provide                                        
 the date.                                                              
------------------------------------------------------------------------

    The following instructions apply only to treatment works completing 
Part A of the Supplemental Application Information packet. Note that 
the permitting authority may require additional testing on a case-by-
case basis.
    Complete Part A once for each outfall through which effluent is 
discharged to waters of the United States. Indicate on each page the 
outfall number (as assigned in questions 15-17 of the Basic Application 
Information packet) for which the data are provided. Using the blank 
rows provided on the form, submit any data the facility may have for 
pollutants not specifically listed in Part A.
    For specific instructions on completing the pollutant tables in 
Part A, refer to Appendix A of these instructions.

    Note: After completing Part A, refer to the Application Overview 
section to determine which other sections of Form 2A you must 
complete. If you have completed all other required sections of Form 
2A, you may proceed to the Certification Statement in question 19 of 
the Basic Application Information packet.

Part B. Toxicity Testing Data

    Paperwork Reduction Act Notice: The public reporting and 
recordkeeping burden for this collection of information (Part B: 
Toxicity Testing Data) is estimated to average 4.5 hours per 
response. This estimate includes the time needed to review 
instructions; develop, acquire, install, and utilize technology and 
systems for the purposes of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing 
and providing information; adjust the existing ways to comply with 
any previously applicable instructions and requirements; train 
personnel to respond to a collection of information; search existing 
data sources; complete and review the collection of information; and 
transmit or otherwise disclose the information. An Agency may not 
conduct or sponsor, and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.
    Send comments regarding the burden estimate or any other aspect 
of this collection of information, including suggestions for 
reducing the burden, to Chief, OPPE Regulatory Information Division, 
U.S. Environmental Protection Agency (2136), 401 M St., S.W., 
Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th St., 
N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include 
the OMB control number in any correspondence. Do not send the 
completed application form to these addresses.

    Treatment works meeting one or more of the following criteria must 
submit the results of whole effluent toxicity testing:
    1. Treatment works with a design influent flow rate greater than or 
equal to one mgd; or
    2. Treatment works with an approved pretreatment program (as well 
as those required to have one); or
    3. Treatment works otherwise required by the permitting authority 
to submit the results of whole effluent toxicity testing.
    Applicants completing Part B must submit the results from any whole 
effluent toxicity test conducted during the past three years that have 
not been reported or submitted to the permitting authority for each 
outfall discharging effluent to the waters of the United States. Do not 
include information on combined sewer overflows in this section. If the 
applicant conducted a whole effluent toxicity test during the past 
three years that revealed toxicity, then provide any information 
available on the cause of the toxicity or any results of a toxicity 
reduction evaluation, if one was conducted.
    Test results provided in Part B must be based on multiple species 
being 

[[Page 62617]]
tested quarterly for a minimum of one year. For multiple species, EPA 
requires a minimum of two species (e.g., vertebrates and 
invertebrates). The permitting authority may require the applicant to 
include other species (e.g., plants) as well. Applicants must provide 
these tests for acute or chronic toxicity, depending on the range of 
the receiving water dilution. EPA recommends that applicants conduct 
acute or chronic toxicity testing based on the following dilutions:
     Acute toxicity testing if the dilution of the effluent is 
greater than 1000:1 at the edge of the mixing zone.
     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 of this range 
(1000:1), and chronic testing may be more appropriate at the lower end 
of this range (100:1).
     Chronic toxicity testing if the dilution of the effluent 
is less than 100:1 at the edge of the mixing zone.
    All data provided in Part B must be based on tests performed within 
three years prior to completing this application. The tests must have 
been conducted since the last NPDES permit issuance or permit 
modification under 40 CFR 122.62(a). In addition, applicants only need 
to submit data that have not previously been submitted to the 
permitting authority. Thus, if test data have already been submitted 
(within the last three years) in accordance with an issued NPDES 
permit, the treatment works may note the dates the tests were submitted 
and need not fill out the information requested in question B.2. for 
that test.
    Additional copies of Part B may be used in submitting the required 
information. A permittee having no significant toxicity in the effluent 
over the past year and who has submitted all toxicity test results 
through the end of the calendar quarter preceding the time of permit 
application would need to supply no additional data as toxicity testing 
data as part of this application. Instead, the applicant should 
complete question B.4., which requests a summary of bioassay test 
information already submitted. (See below for more detailed 
instructions on completing question B.4.)
    Where test data are requested to be reported, the treatment works 
has the option of reporting the requested data on Form 2A or on reports 
supplied by the laboratories conducting the testing, provided the data 
requested are complete and presented in a logical fashion. The 
permitting authority reserves the right to request that the data be 
reported on Form 2A.
B.1. Required Tests
    a. Provide the total number of chronic and acute whole effluent 
toxicity tests conducted in the past three years. A ``chronic'' 
toxicity test continues for a relatively long period of time, often 
one-tenth the life span of the organism or more. An ``acute'' toxicity 
test is one in which the effect is observed in 96 hours or less.
B.2. Individual Test Data
    Complete B.2. for each test conducted in the last three years for 
which data has not been submitted. Use the columns provided on the form 
for each test and specify the test number at the top of each column. 
Use additional copies of question B.2. if more than three tests are 
being reported. The parameters listed on the form are based on EPA-
recommended test methods. Permittees may be required by the permitting 
authority to submit additional test parameter data for the purposes of 
quality assurance.
    If the treatment works is conducting whole effluent toxicity tests 
and reporting its results in accordance with an NPDES permit 
requirement, then the treatment works may note the dates the tests were 
submitted and need not fill out the information requested in question 
B.2. for those tests (unless otherwise required by the permitting 
authority).
    a. Provide the information requested on the form for each test 
reported. Under ``Test species,'' provide the scientific name of the 
organism used in the test. The ``Outfall number'' reported must 
correlate to the outfall numbers listed in questions 15-17 of the Basic 
Application Information packet.
    b. Provide the source of the toxicity test methods followed. In 
conducting the tests, the treatment works must use methods approved in 
accordance with 40 CFR Part 136 [Note: Approved methods are currently 
under development].
    c. Indicate whether 24-hour composite or grab samples were used for 
each test. For multiple grab samples, provide the number of grab 
samples used. Refer to Appendix A of the instructions for a definition 
of composite and grab samples.
    d. Indicate whether the sample was taken before or after 
disinfection and/or after dechlorination.
    e. Provide a description of the point in the treatment process at 
which the sample was collected.
    f. Indicate whether the test was intended to assess chronic or 
acute toxicity.
    g. Indicate which type of test was performed. A ``static'' test is 
a test performed with a single constant volume of water. In a ``static-
renewal'' test, the volume of water is renewed at discrete intervals. 
In a ``flow-through'' test, the volume of water is renewed 
continuously.
    h. Indicate whether laboratory water or the receiving water of the 
tested outfall was used as the source of dilution water. If laboratory 
water was used, provide the type of water used.
    i. Indicate whether fresh or salt water was used as the dilution 
water. For salt water, specify whether the salt water was natural or 
artificial (specify the type of artificial water used).
    j. For each concentration in the test series, provide the 
percentage of effluent used.
    k. Provide the minimum and maximum parameters measured during the 
test for pH, salinity, temperature, ammonia, and dissolved oxygen.
    l. Provide the results of each test performed. For acute toxicity 
tests, provide the percent survival of the test species in 100 percent 
effluent. Also provide the LC50 (Lethal Concentration to 50 
percent) of the test. ``LC50'' is the effluent (or toxicant) 
concentration estimated to be lethal to 50 percent of the test 
organisms during a specific period. Indicate any other test results in 
the space provided.
    For chronic toxicity tests, provide data at the most sensitive 
endpoint. While this is generally expressed as a ``NOEC'' (No Observed 
Effect Concentration), it may be expressed as an ``Inhibition 
Concentration'' (e.g., ``IC25''--Inhibition Concentration to 25 
percent). The NOEC is the highest measured concentration of an effluent 
(or a toxicant) at which no significant adverse effects are observed on 
the test organisms at a specific time of observation. The IC25 is 
the effluent (or toxicant) concentration estimated to cause a 25 
percent reduction in reproduction, fecundity, growth, or other non-
quantal biological measurements. Indicate any other test results in the 
space provided.
    m. Provide the mortality (in percent) of the control group. 
Indicate any other relevant information about the control group in the 
space provided.
B.3. Toxicity Reduction Evaluation
    A Toxicity Reduction Evaluation (TRE) is a site-specific study 
conducted in a stepwise process designed to identify the causative 
agents of effluent toxicity, evaluate the effectiveness of 

[[Page 62618]]
toxicity control options, and then confirm the reduction in effluent 
toxicity. If the treatment works is conducting a TRE as part of a NPDES 
permit requirement or enforcement order, then you only need to provide 
the date of the last progress report concerning the TRE in the area 
reserved for details of the TRE.
B.4. Summary of Submitted Biomonitoring Test Information
    As stated above, applicants that have already submitted the results 
of biomonitoring test information over the past three years do not need 
to resubmit this data with Form 2A. Instead, indicate in question B.4. 
the date you submitted each report and provide a summary of the test 
results for each report. Include in this summary the following 
information: the outfall number and collection dates of the samples 
tested, dates of testing, toxicity testing method(s) used, and a 
summary of the results from the test (e.g, 100% survival in 40% 
effluent).

    Note: After completing Part B, refer to the Application Overview 
section to determine which other sections of Form 2A you must 
complete. If you have completed all other required sections of Form 
2A, you may proceed to the Certification Statement in question 19 of 
the Basic Application Information packet.

Part C. Industrial User Discharges, Pretreatment, and RCRA/CERCLA 
Wastes

    Paperwork Reduction Act Notice: The public reporting and 
recordkeeping burden for this collection of information (Part C: 
Industrial User Discharges, Pretreatment, and RCRA/CERCLA Wastes) is 
estimated to average 4.3 hours per response. This estimate includes 
the time needed to review instructions; develop, acquire, install, 
and utilize technology and systems for the purposes of collecting, 
validating, and verifying information, processing and maintaining 
information, and disclosing and providing information; adjust the 
existing ways to comply with any previously applicable instructions 
and requirements; train personnel to respond to a collection of 
information; search existing data sources; complete and review the 
collection of information; and transmit or otherwise disclose the 
information. An Agency may not conduct or sponsor, and a person is 
not required to respond to a collection of information unless it 
displays a currently valid OMB control number.
    Send comments regarding the burden estimate or any other aspect 
of this collection of information, including suggestions for 
reducing the burden, to Chief, OPPE Regulatory Information Division, 
U.S. Environmental Protection Agency (2136), 401 M St., S.W., 
Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th St., 
N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include 
the OMB control number in any correspondence. Do not send the 
completed application form to these addresses.

    All treatment works receiving discharges from significant 
industrial users (SIUs) or facilities that receive RCRA or CERCLA 
wastes must complete Part C.
    A ``categorical industrial user'' is an industrial user that is 
subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 
CFR Chapter I, Subchapter N, which are technology-based standards 
developed by EPA setting industry-specific effluent limits. (A list of 
Industrial Categories subject to Categorical Pretreatment Standards is 
included in Appendix B.)
    A ``significant industrial user'' is defined in 40 CFR 403.3(t) as 
an industrial user that:
    (1) is subject to Categorical Pretreatment Standards under 40 CFR 
403.6 and 40 CFR Chapter I, Subchapter N; and
    (2) any other industrial user that: discharges an average of 25,000 
gallons per day or more of process wastewater to the treatment works 
(excluding sanitary, non-contact cooling and boiler blowdown 
wastewater); contributes a process wastestream that makes up 5 percent 
or more of the average dry weather hydraulic or organic capacity of the 
treatment works; or is designated as such by the Control Authority as 
defined in 40 CFR 403.12(a) on the basis that the industrial user has a 
reasonable potential for adversely affecting the treatment works 
operation or for violating any pretreatment standard or requirement (in 
accordance with 40 CFR 403.8(f)(6)).
    An ``industrial user'' means any industrial or commercial entity 
that discharges wastewater that is not domestic wastewater. Domestic 
wastewater includes wastewater from connections to houses, hotels, non-
industrial office buildings, institutions, or sanitary waste from 
industrial facilities. The number of ``industrial users'' is the total 
number of industrial and commercial users that discharge to the 
treatment works.
    For the purposes of completing the application form, please provide 
information on non-categorical SIUs and categorical industrial users 
separately.

General Information

C.1. Number of Industrial Users
    Provide the number of SIUs and the number of categorical industrial 
users only that discharge to your treatment works.
C.2. Average Daily Flow From Industrial Users
    Provide an estimate of the daily flow of wastewater, in mgd, 
received from all industrial users, significant industrial users only, 
and categorical industrial users only.
C.3. Industrial User Contributions
    Estimate the contribution (in terms of the percent of total daily 
influent) from all industrial users, significant industrial users only, 
categorical industrial users only, and domestic sources only.
C.4. Pretreatment Program
    Indicate whether the treatment works has an approved pretreatment 
program. An ``approved pretreatment program'' is a program administered 
by a treatment works that meets the criteria established in 40 CFR 
403.8 and 403.9 and that has been approved by a Regional Administrator 
or State Director. If the answer to question C.4. is no, go to C.5.

    Naote If this treatment works has or is required to have a 
pretreatment program, you must also complete Parts A and B of the 
Supplemental Application Information packet.

    If the treatment works has an approved pretreatment program, 
identify any substantial modifications to the POTW's approved 
pretreatment program that have not been approved in accordance with 40 
CFR 403.18.

Significant Industrial User (SIU) Information

    All treatment works that receive discharges from SIUs must complete 
questions C.5.-C.10.
    If your treatment works receives wastewater from more than one SIU, 
complete questions C.5.-C.10. once for each SIU.
C.5. Significant Industrial User Information
    Provide the name and mailing address of each SIU. Submit additional 
pages as necessary.
C.6. Industrial Processes
    Describe the actual process(es) (rather than simply listing them) 
at the SIU that affect or contribute to the SIU's discharge. For 
example, in describing a metal finishing operation, include such 
information as how the product is cleaned prior to finishing, what type 
of plating baths are in operation (e.g., nickel, chromium), how paint 
is applied, and how the product is polished. Attach additional sheets 
if necessary. 

[[Page 62619]]

C.7. Principal Product(s) and Raw Material(s)
    List principal products that the SIU generates and the raw 
materials used to manufacture the products.
C.8. Flow Rate
    ``Process wastewater'' means any water that, during manufacturing 
or processing, comes into direct contact with or results from the 
production or use of any raw material, intermediate product, finished 
product, byproduct, or waste product. Indicate the average daily 
volume, in gallons per day, of process wastewater and non-process 
wastewater that the SIU discharges into the collection system. Specify 
whether the discharges are continuous or non-continuous.
C.9. Pretreatment Standards
    Indicate whether the SIU is subject to local limits and categorical 
pretreatment standards. ``Local limits'' are enforceable local 
requirements developed by treatment works to address Federal standards 
as well as state and local regulations.
    ``Categorical pretreatment standards'' are national technology-
based standards developed by EPA, setting industry-specific effluent 
limits. These standards are implemented by 40 CFR 403.6.
C.10. Problems at the Treatment Works Attributed to Waste Discharged by 
the SIU
    Provide information concerning any problems the treatment works has 
experienced that are attributable to discharges from the SIUs. Problems 
may include upsets or interference at the plant, corrosion in the 
collection system, or other similar events.

RCRA Hazardous Waste Received by Truck, Rail or Dedicated Pipeline

C.11. RCRA Waste
    As defined in Section 1004(5) of the Resource Conservation and 
Recovery Act (RCRA), ``Hazardous waste'' means ``a solid waste, or 
combination of solid wastes, which because of its quantity, 
concentration, or physical, chemical or infectious characteristics may:
    (A) cause or significantly contribute to an increase in mortality 
or an increase in serious irreversible, or incapacitating reversible, 
illness; or
    (B) pose a substantial present or potential hazard to human health 
or the environment when improperly treated, stored, transported, or 
disposed of, or otherwise managed.''
    Those solid wastes that are considered hazardous are listed under 
40 CFR Part 261. Treatment works that accept hazardous wastes by truck, 
rail, or dedicated pipeline (a pipeline that is used to carry hazardous 
waste directly to a treatment works without prior mixing with domestic 
sewage) within the property boundary of the treatment works are 
considered to be hazardous waste treatment, storage, and disposal 
facilities (TSDFs) and, as such, are subject to regulations under RCRA. 
Under RCRA, mixtures of domestic sewage and other wastes that commingle 
in the treatment works collection system prior to reaching the property 
boundary, including those wastes that otherwise would be considered 
hazardous, are excluded from regulation under the domestic sewage 
exclusion. Hazardous wastes that are delivered directly to the 
treatment works by truck, rail, or dedicated pipeline do not fall 
within the exclusion. Hazardous wastes received by these routes may 
only be accepted by treatment works if the treatment works complies 
with applicable RCRA requirements for TSDFs.
    Applicants completing questions C.11.-C.13. should have indicated 
all points at which RCRA hazardous waste enters the treatment works by 
truck, rail, or dedicated pipe in the map provided in question 8 of the 
Basic Application Information packet.
C.12. Waste Transport
    Indicate the method by which RCRA waste is received at the 
treatment works.
C.13. Waste Description
    Provide the EPA hazardous waste numbers, which are located in 40 
CFR Part 261, Subparts C & D, and the amount (in volume or mass) 
received.

CERCLA (Superfund) Wastewater and RCRA Remediation/Corrective Action 
Wastewater

    Substances that are regulated under Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA) are described and 
listed in 40 CFR Part 302. Questions C.14.-C.22. apply to the type, 
origin, and treatment of CERCLA wastes currently (or expected to be) 
discharged to the treatment works.
C.14. CERCLA Waste
    Indicate whether this treatment works currently receives waste from 
a CERCLA (Superfund) site or plans to accept waste from a CERCLA site 
in the next five years. If it does, provide the information requested 
in C.15-C.17.
    If the treatment works receives, or plans to receive, CERCLA waste 
from more than one site, complete questions C.15-C.17, once for each 
site.
C.15. Waste Origin
    Provide information about the CERCLA site that is discharging waste 
to the treatment works. Information must include a description of the 
type of facility and an EPA identification number if one exists.
C.16. Pollutants
    Provide a list of the pollutants that are or will be discharged by 
the CERCLA site and the volume and concentration of such pollutants.
C.17. Waste Treatment
    Provide information concerning the treatment used (if any) by the 
CERCLA site to treat the waste prior to discharging it to the treatment 
works. The information should include a description of the treatment 
technology, information on the frequency of the discharge (continuous 
or intermittent) and any data concerning removal efficiency.
C.18. RCRA Corrective Action Waste
    Indicate whether this treatment works currently receives RCRA 
Corrective Action Waste or plans to accept RCRA Corrective Action Waste 
in the next five years. If it does, provide the information requested 
in C.19.-C.21.
    If there is more than one site from which RCRA Corrective Action 
Waste is, or is expected to be, received, attach additional sheets with 
the information requested in questions C.19.-C.21. for each site.
C.19. Waste Origin
    Provide a description of the site and of the type of facility that 
discharges or is expected to discharge the RCRA corrective action 
waste.
C.20. Pollutants
    Provide a list of the pollutants that are or will be discharged by 
each RCRA corrective action site.
C.21. Waste Treatment
    Provide information concerning the treatment used (if any) by the 
RCRA corrective action site to treat the waste prior to discharging it 
to the treatment works. The information should include a description of 
the treatment technology, any data concerning removal efficiency, and 
information on the frequency of the discharge (continuous or 
intermittent). If the discharge is intermittent, describe the discharge 
schedule.
C.22. Other Wastes From Remediation/Clean-up Sites
    Describe any wastewater received or expected to be received from 
leaking 

[[Page 62620]]
underground tank remediation sites and from remediation/cleanup sites 
that are regulated by other laws (state, municipal, etc.).

    Note: After completing Part C, refer to the Application Overview 
section to determine which other sections of Form 2A you must 
complete. If you have completed all other required sections of Form 
2A, you may proceed to the Certification Statement in question 19 of 
the Basic Application Information packet.

Part D. Combined Sewer Systems

    Paperwork Reduction Act Notice: The public reporting and 
recordkeeping burden for this collection of information (Part D: 
Combined Sewer Systems) is estimated to average 8.2 hours per 
response. This estimate includes the time needed to review 
instructions; develop, acquire, install, and utilize technology and 
systems for the purposes of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing 
and providing information; adjust the existing ways to comply with 
any previously applicable instructions and requirements; train 
personnel to respond to a collection of information; search existing 
data sources; complete and review the collection of information; and 
transmit or otherwise disclose the information. An Agency may not 
conduct or sponsor, and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.
    Send comments regarding the burden estimate or any other aspect 
of this collection of information, including suggestions for 
reducing the burden, to Chief, OPPE Regulatory Information Division, 
U.S. Environmental Protection Agency (2136), 401 M St., S.W., 
Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th St., 
N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include 
the OMB control number in any correspondence. Do not send the 
completed application form to these addresses.
D.1. Combined Sewer Overflow (CSO) Discharge Points
    A combined sewer system collects a mixture of both sanitary 
wastewater and storm water runoff.
    Indicate the number of CSO discharge points in the combined sewer 
system covered by this application. Complete questions D.5.-D.9. once 
for each discharge point. Attach additional pages as necessary.
D.2. System Map
    Indicate on a system map all CSO discharge points. For each such 
point, indicate any sensitive use areas and any waters supporting 
threatened or endangered species that are potentially affected by CSOs. 
Sensitive use areas include beaches, drinking water supplies, shellfish 
beds, sensitive aquatic ecosystems, and outstanding natural resource 
waters.
    Applicants may provide the information requested in question D.2. 
on the map submitted in response to question 8 in the Basic Application 
Information packet.
    All maps should be either on paper or other material appropriate 
for reproduction. If possible, all sheets should be approximately 
letter size with margins suitable for filing and binding. As few sheets 
should be used as necessary to show clearly what is involved. All 
discharge points should be identified by outfall number. Each sheet 
should be labeled with the applicant's name, NPDES permit number, 
location (city, county, or town), date of drawing, and designation of 
the number of sheets of each diagram as ``page ________ of ________.''
D.3. System Diagram
    Diagram the location of combined and separate sanitary major sewer 
trunk lines and indicate any connections where separate sanitary sewers 
feed into the combined sewer system. Clearly indicate the location of 
all flow controlling devices in the system. Include storage equipment, 
flow regulating devices, and pump stations. Also indicate the areas of 
drainage associated with each CSO and the pumping capacity of each pump 
station.
    The drawing should be either on paper or other material appropriate 
for reproduction. If possible, all sheets should be approximately 
letter size with margins suitable for filing and binding. As few sheets 
should be used as necessary to show clearly what is involved. All 
discharge points should be identified by outfall number. Each sheet 
should be labeled with the applicant's name, NPDES permit number, 
location (city, county, or town), date of drawing, and designation of 
the number of sheets of each diagram as ``page ________ of ________''.
D.4. System Evaluation
    List any studies that have been performed on the combined sewer 
system since the last permit application, including inflow/infiltration 
studies, engineering studies, hydraulic studies, and water quality 
studies.

CSO Outfalls

    Fill out a copy of questions D.5.-D.9. once for each CSO discharge 
point. Attach additional pages as necessary.
D.5. Description of Outfall
    a.-d. Provide the outfall number and location (including city or 
town if applicable, state, county, and latitude and longitude to the 
nearest second). For subsurface discharges (e.g., discharges to lakes, 
estuaries, and oceans), provide the distance (in feet) of the discharge 
point from the shore and the depth (in feet) of the discharge point 
below the surface of the discharge point. Provide these distances at 
the lowest point of low tide.
D.6. Monitoring
    Indicate whether rainfall, CSO flow volume, CSO water quality, and/
or receiving water quality were monitored during the past 12 months. 
Provide the number of storm events monitored during the past 12 months 
as well.
D.7. CSO Incidents
    a. Provide the number of CSO incidents that have occurred in the 
past 12 months. Indicate whether this is an actual or approximate 
number.
    b. Provide the average duration (in hours) per CSO event. Indicate 
whether this is an actual or approximate value.
    c. Provide the average volume (in million gallons) of discharge per 
CSO incidents over the past 12 months. Indicate whether this is an 
actual or approximate number.
    d. Provide the minimum amount of rainfall that caused a CSO 
incident in the past 12 months.
D.8. Description of Receiving Waters
    a. Indicate the type of water body into which the CSO outfall 
(identified in D.5.a.) discharges.
    b. List the name(s) of immediate receiving waters starting at the 
CSO discharge point and moving downstream. For example, ``Control Ditch 
A, thence to Stream B, thence to River C, and thence to River D in the 
River Basin E.''
    c. Provide the name of the watershed/river/stream system in which 
the receiving water (identified in question D.8.b.) is located. If 
known, also provide the 14-digit watershed code assigned to this 
watershed by the U.S. Soil Conservation Service.
    d. Provide the name of the State Management/River Basin into which 
this outfall discharges. If known, also provide the 8-digit hydrologic 
cataloging unit code assigned by the U.S. Geological Survey.
D.9. CSO Operations
    a. Indicate whether wastewater from significant industrial users 
(refer to the instructions to Part C for a definition) can enter the 
combined sewer system.
    b. Provide a description of any known water quality impacts on the 
receiving water caused by CSO from this discharge point.

 
[[Page 62621]]

    Note: After completing Part D, refer to the Application Overview 
section to determine which other sections of Form 2A you must 
complete. If you have completed all other required sections of Form 
2A, you may proceed to the Certification Statement in question 19 of 
the Basic Application Information packet.

Appendix A--Guidance for Completing the Effluent Testing Information

All Treatment Works

    All applicants must provide data for each of the pollutants in 
question 18 of the Basic Application Information packet. Some 
applicants must also provide data for the pollutants in Part A of the 
Supplemental Application Information packet. All applicants submitting 
effluent testing data must base this data on a minimum of three 
pollutant scans. All samples analyzed must be representative of the 
discharge from the sampled outfall.
    If you have existing data that fulfills the requirements described 
below, you may use that data in lieu of conducting additional sampling. 
If you measure more than the required number of daily values for a 
pollutant and those values are representative of your wastestream, you 
must include them in the data you report. In addition, use the blank 
rows provided on the form to provide any existing sampling data that 
your facility may have for pollutants not listed in the appropriate 
sections. All data provided in the application must be based on samples 
taken within three years prior to the time of this permit application.
    Sampling data must be representative of the treatment works' 
discharge and take into consideration seasonal variations. At least two 
of the samples used to complete the effluent testing information 
questions must have been taken no fewer than 4 months and no more than 
8 months apart. For example, one sample may be taken in April and 
another in October to meet this requirement. Applicants unable to meet 
this time requirement due to periodic, discontinuous, or seasonal 
discharges can obtain alternative guidance on this requirement from 
their permitting authority.
    The collection of samples for the reported analyses should be 
supervised by a person experienced in performing wastewater sampling. 
Specific requirements contained in the applicable analytical methods 
should be followed for sample containers, sample preservation, holding 
times, and collection of duplicate samples. Samples should be taken at 
a time representative of normal operation. To the extent feasible, all 
processes that contribute to wastewater should be in operation and the 
treatment system should be 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 location specified in the current 
NPDES permit, or at any location adequate for the collection of a 
representative sample.
    A minimum of four grab samples must be collected for pH, 
temperature, cyanide, total phenols, residual chlorine, oil and grease, 
fecal coliform, E. coli, and enterococci (applicants need only provide 
data on either fecal coliform or E. coli and enterococci). For all 
other pollutants, 24-hour composite samples must be collected. However, 
a minimum of one grab sample, instead of a 24-hour composite, may be 
taken for effluent from holding ponds or other impoundments that have a 
retention period greater than 24 hours.
    Grab and composite samples are defined as follows:
     Grab sample: an individual sample of at least 100 
milliliters collected randomly for a period not exceeding 15 minutes.
     Composite sample: a sample derived from two or more 
discrete samples collected at equal time intervals or collected 
proportional to the flow rate over the compositing period. The 
composite collection method may vary depending on pollutant 
characteristics or discharge flow characteristics.
    The permitting authority may allow or establish appropriate site-
specific sampling procedures or requirements, including sampling 
locations, the season in which sampling takes place, the duration 
between sampling events, and protocols for collecting samples under 40 
CFR Part 136. Contact EPA or the State permitting authority for 
detailed guidance on sampling techniques and for answers to specific 
questions. The following instructions explain how to complete each of 
the columns in the pollutant tables in the effluent testing information 
sections of Form 2A.
    Maximum Daily Discharge. For composite samples, the daily discharge 
is the average pollutant concentration and total mass found in a 
composite sample taken over a 24-hour period. For grab samples, the 
daily discharge is the arithmetic or flow-weighted total mass or 
average pollutant concentration found in a series of at least four grab 
samples taken during the operating hours of the treatment works during 
a 24-hour period.
    To determine the maximum daily discharge values, compare the daily 
discharge values from each of the sample events. Report the highest 
total mass and highest concentration level from these samples.
     ``Concentration'' is the amount of pollutant that is 
present in a sample with respect to the size of the sample. The daily 
discharge concentration is the average concentration of the pollutant 
throughout the 24-hour period.
     ``Mass'' is calculated as the total mass of the pollutant 
discharged over the 24-hour period.
     All data must be reported as both concentration and mass 
(where appropriate). Use the following abbreviations in the columns 
headed ``Units.''

ppm                                Parts per million.                   
gpd                                Gallons per day.                     
mgd                                Million gallons per day.             
su                                 Standard units.                      
mg/l                               Milligrams per liter.                
ppb                                Parts per billion.                   
ug/l                               Micrograms per liter.                
lbs                                Pounds.                              
ton                                Tons (English tons).                 
mg                                 Milligrams.                          
g                                  Grams.                               
kg                                 Kilograms.                           
T                                  Tonnes (metric tons).                
                                                                        

    Average Daily Discharge. The average daily discharge is determined 
by calculating the arithmetic mean daily pollutant concentration and 
the arithmetic mean daily total mass of the pollutant from each of the 
sample events within the three years prior to this permit application. 
Report the concentration, mass, and units used under the Average Daily 
Discharge column, along with the number of samples on which the average 
is based. Use the unit abbreviations shown above in ``Maximum Daily 
Discharge.''
    If data requested in Form 2A have been reported on the treatment 
works' Discharge Monitoring Reports (DMRs), you may compile such data 
and report it under the maximum daily discharge and the average daily 
discharge columns of the form.
    Analytical Method. All information reported must be based on data 
collected through analyses conducted using 40 CFR Part 136 methods. 
Applicants should use methods that enable pollutants to be detected at 
levels adequate to meet water quality-based standards. Where no 
approved method can detect a pollutant at the water quality-based 
standards level, the most sensitive approved method should be used. If 
the applicant believes that an alternative method should be used (e.g., 
due to matrix interference), the applicant should obtain prior approval 
from the permitting authority. If an alternative method is specified in 
the existing permit, the applicant should 

[[Page 62622]]
use that method unless otherwise directed by the permitting authority. 
Where no approved analytical method exists, an applicant may use a 
suitable method but must provide a description of the method. For the 
purposes of the application, ``suitable method'' means a method that is 
sufficiently sensitive to measure as close to the water quality-based 
standard as possible.
    Indicate the method used for each pollutant in the ``Analytical 
Method'' column of the pollutant tables. If a method has not been 
approved for a pollutant for which you are providing data, you may use 
a suitable method to measure the concentration of the pollutant in the 
discharge, and provide a detailed description of the method used or a 
reference to the published method. The description must include the 
sample holding time, preservation techniques, and the quality control 
measures used. In such cases, indicate the method used and attach to 
the application a narrative description of the method used.
    Reporting 
FR Doc. 95-28213 National Pollutant Discharge Elimination System Permit Application Requirements for Publicly Owned Treatment Works and Other Treatment Works Treating Domestic Sewage
Levels. The applicant should provide the method detection 
limit (MDL), minimum level (ML), or other designated method endpoint 
reflecting the precision of the analytical method used.
    All analytical results must be reported using the actual numeric 
values determined by the analysis. In other words, even where 
analytical results are below the detection or quantitation level of the 
method used, the actual data should be reported, rather than reporting 
``non-detect'' (``ND'') or ``zero'' (``0''). Because the endpoint of 
the method has also been reported along with the test results, the 
permitting authority will be able to determine if the data are in the 
``non-detect'' or ``below quantitation'' range.
    For any dilutions made and any problems encountered in the 
analysis, the applicant should attach an explanation and any supporting 
documentation with the application. For GC/MS, report all results found 
to be present by spectral confirmation (i.e., quantitation limits or 
detection limits should not be used as a reporting threshold for GC/
MS).
    Total Recoverable Metals. Total recoverable metals are measured 
from unfiltered samples using EPA methods specified in 40 CFR Part 
136.3. A digestion procedure is used to solubilize suspended materials 
and destroy possible organic metal complexes. The method measures 
dissolved metals plus those metals recovered from suspended particles 
by the method digestion.

Appendix B: Industrial Categories Subject to National Categorical 
Pretreatment Standards

Industrial Categories With Pretreatment Standards in Effect

Aluminum Forming
Asbestos Manufacturing
Battery Manufacturing
Builder's Paper and Board Mills
Carbon Black Manufacturing
Coil Coating
Copper Forming
Electrical and Electronic Components
Electroplating
Feedlots
Ferroalloy Manufacturing
Fertilizer Manufacturing
Glass Manufacturing
Grain Mills Manufacturing
Ink Formulating
Inorganic Chemicals
Iron and Steel Manufacturing
Leather Tanning and Finishing
Metal Finishing
Metal Molding and Casting
Nonferrous Metals Forming and Metal Powders
Nonferrous Metals Manufacturing
Organic Chemicals, Plastics and Synthetic Fibers
Paint Formulating
Paving and Roofing
Pesticide Manufacturing
Petroleum Refining
Pharmaceutical Manufacturing
Porcelain Enameling
Pulp, Paper and Paperboard
Rubber Manufacturing
Soap and Detergents Manufacturing
Steam Electric Power Generating
Sugar Processing
Timber Products Manufacturing

Industrial Categories With Effluent Guidelines Currently Under 
Development (Proposed and Final Action Dates)

Pulp, Paper, and Paperboard (12/17/93-TBD)
Pesticide Formulating, Packaging, and Repackaging (4/14/94-8/95)
Centralized Waste Treatment (12/15/94-9/96)
Pharmaceutical Manufacturing (2/95-8/96)
Metal Products and Machinery, Phase I (3/95-9/96)
Industrial Laundries (12/96-12/98)
Transportation Equipment Cleaning (12/96-12/98)
Landfills and Incinerators (3/97-3/99)
Metal Products and Machinery, Phase II (12/97-12/99)

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[[Page 62645]]

Instructions for Completing Form 2S

Application for a Sewage Sludge Permit

    Paperwork Reduction Act Notice: The public reporting and 
recordkeeping burden for this collection of information is estimated 
to average 11.6 hours per response. This estimate includes the time 
needed to review instructions; develop, acquire, install, and 
utilize technology and systems for the purposes of collecting, 
validating, and verifying information, processing and maintaining 
information, and disclosing and providing information; adjust the 
existing ways to comply with any previously applicable instructions 
and requirements; train personnel to respond to a collection of 
information; search existing data sources; complete and review the 
collection of information; and transmit or otherwise disclose the 
information. An Agency may not conduct or sponsor, and a person is 
not required to respond to a collection of information unless it 
displays a currently valid OMB control number.
    Send comments regarding the burden estimate or any other aspect 
of this collection of information, including suggestions for 
reducing the burden, to Chief, OPPE Regulatory Information Division, 
U.S. Environmental Protection Agency (2136), 401 M St., S.W., 
Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th St., 
N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Include 
the OMB control number in any correspondence. Do not send the 
completed application form to these addresses.

Overview

    This application form collects information from persons that are 
required to apply for a sewage sludge use or disposal permit.
Who Must Submit Application Information?
    The following persons are ``treatment works treating domestic 
sewage'' that are required to submit sewage sludge permit application 
information:
     Any person who generates sewage sludge that is ultimately 
regulated by Part 503 (i.e., it is applied to the land, placed on a 
surface disposal site, fired in a sewage sludge incinerator, or placed 
in a municipal solid waste landfill unit);
     Any person who derives material from, or otherwise changes 
the quality of, sewage sludge (e.g., an intermediate treatment facility 
such as a composting facility, or a facility that processes sewage 
sludge for sale or give away in a bag or other container for 
application to the land), if that sewage sludge is used or disposed in 
a manner subject to Part 503;
     Any person who owns or operates a sewage sludge surface 
disposal site;
     Any person who fires sewage sludge in a sewage sludge 
incinerator; and
     Any other person required by the permitting authority to 
submit permit application information.
    For purposes of this form, you refers to the applicant. This 
facility and your facility refer to the facility for which application 
information is being submitted.
    Facility should be interpreted to include activities potentially 
subject to regulation under the sewage sludge program--e.g., areas of 
sewage sludge treatment, storage, land application, surface disposal, 
or incineration, even if such activities do not occur at the same 
location.
Which Parts of The Form Apply?
    Form 2S is presented in a modular format, enabling information 
collection to be tailored to your facility's sewage sludge generation, 
treatment, use, or disposal practices. The form is divided into two 
main parts:
     Part 1 is limited screening information that must be 
submitted by ``sludge-only'' (non-NPDES) facilities that are not 
applying for site-specific pollutant limits and have not been directed 
to submit a full permit application at this time.
     Part 2 must be submitted by facilities that are submitting 
a full permit application at this time. These include the following:

--Facilities with a currently effective NPDES permit.
--Facilities that are required to have, or are requesting, site-
specific pollutant limits, including ``sludge-only'' facilities that 
are applying for site-specific pollutant limits. (Note: all sewage 
sludge incinerators are required to have site-specific pollutant 
limits.)
--Facilities that have been directed by the permitting authority to 
apply for a permit at this time.

    Complete either Part 1 or Part 2, but not both (unless otherwise 
instructed by the permitting authority).
    Part 2 is divided into the following sections:
     Section A is general information to be provided by all 
applicants that fill out Part 2.
     Section B must be completed by any facility that generates 
sewage sludge or derives a material from sewage sludge.
     Section C must be completed by any facility that applies 
bulk sewage sludge to the land, or whose bulk sewage sludge is applied 
to the land. (Most applicants that provide this information will also 
submit Section B information, because it is unlikely that EPA would 
permit a land applier who does not generate or change the quality of 
sewage sludge.)
     Section D must be completed by the owner/operator of a 
surface disposal site.
     Section E must be completed by the owner/operator of a 
sewage sludge incinerator.
    You need only submit the Sections of Part 2 that apply.

Part 1: Limited Background Information

    Part 1 requests a limited amount of information from ``sludge-
only'' facilities (facilities without a currently-effective NPDES 
permit) that are not requesting site-specific permit limits and are not 
directed by the permitting authority to submit a full permit 
application at this time. This limited screening information must be 
submitted as expeditiously as possible, but no later than 180 days 
after publication of an applicable use or disposal standard. It is 
intended to allow the permitting authority to identify these 
facilities, track sewage sludge use and disposal, and establish 
priorities for permitting.
    1. Facility Information.
    a. Provide the facility's official or legal name. Do not use a 
colloquial name.
    b. Provide the complete mailing address of the office where 
correspondence should be sent. This may differ from the facility 
location given in Question 1.d.
    c. Provide the name, title, and work telephone number of a person 
who is thoroughly familiar with the operation of the facility and with 
the facts reported in this application, and who can be contacted by the 
permitting authority if necessary.
    d. Provide the physical location of the facility. If the facility 
lacks a street address or route number, provide the most accurate 
alternative geographic information (e.g., township and range, section 
or quarter section number, or nearby highway intersection).
    e. Indicate the type of facility.
    A publicly owned treatment works (POTW) is any device or system 
used in the treatment (including recycling and reclamation) of 
municipal sewage or industrial wastes of a liquid nature which is owned 
by a State or municipality. This definition includes sewers, pipes, or 
other conveyances only if they convey wastewater to a POTW providing 
treatment.
    A privately owned treatment works is any device or system which is 
(a) used to treat wastes from any facility whose 

[[Page 62646]]
operator is not the operator of the treatment works and (b) not a POTW 
or federally owned treatment works.
    A federally owned treatment works is a facility that is owned and 
operated by a department, agency, or instrumentality of the Federal 
Government that treats wastewater, a majority of which is domestic 
sewage, prior to discharge in accordance with a permit issued under 
section 402 of the Federal Water Pollution Control Act.
    A blending or treatment operation means any sewage sludge or 
wastewater treatment device or system, regardless of ownership 
(including Federal facilities), used in the storage, treatment, 
recycling, and reclamation of domestic sewage, including land dedicated 
for the disposal of sewage sludge. For purposes of this form, such 
devices or systems include blending or treatment operations that derive 
material from sewage sludge but do not generate sewage sludge.
    A surface disposal site is an area of land that contains one or 
more active sewage sludge units.
    An active sewage sludge unit is land on which only sewage sludge is 
placed for final disposal. This does not include land on which sewage 
sludge is either stored or treated. Land does not include waters of the 
United States, as defined in 40 CFR 122.2.
    A sewage sludge incinerator is an enclosed device in which only 
sewage sludge and auxiliary fuel are fired.
    2. Applicant Information.
    a. If someone other than the facility contact person is submitting 
this application, provide the name of that person's organization.
    b. Provide the complete mailing address of the applicant's 
organization.
    c. Provide the name and work telephone number of a person who is 
thoroughly familiar with the operation of the facility and with the 
facts reported in this application, and who can be contacted by the 
permitting authority if necessary.
    d. Indicate whether this applicant is the owner or operator (or 
both) of the facility. If it is neither, describe the relationship of 
the applicant to the facility.
    e. Indicate whether you want correspondence regarding this 
application directed to the applicant or to the facility address 
provided in question 1.
    3. Sewage Sludge Amount. List, on a dry weight basis, the total dry 
metric tons of sewage sludge per latest 365-day period handled at this 
facility.
    Dry weight basis means calculated on the basis of having been dried 
at 105 degrees C until reaching a constant weight (i.e., essentially 
100 percent solids content).
    a. The amount generated is, for purposes of this application, the 
amount of sewage sludge generated during the treatment of domestic 
sewage at the facility.
    b. The amount received from off site is any additional amount of 
sewage sludge handled at your facility that is not generated during the 
treatment of domestic sewage at your facility.
    c. The amount treated or blended on site is the amount of sewage 
sludge generated on site, plus the amount received from off site, that 
undergoes treatment on site. Treatment is the preparation of sewage 
sludge for final use or disposal. Treatment, for purposes of this form, 
includes the following:
     Thickening and stabilization;
     Processing (e.g., composting) for purposes of pathogen 
reduction and vector attraction reduction; and
     Blending with a bulking agent or with sewage sludge from 
another facility.
    Treatment does not include storage of sewage sludge.
    d. The amount sold or given away in a bag or other container for 
application to the land is the amount placed in a bag or other 
container at your facility.
    An other container is either an open or closed receptacle, 
including but not limited to, a bucket, box, carton, vehicle, or 
trailer with a load capacity of one metric ton or less.
    e. The amount of bulk sewage sludge shipped off site for treatment 
or blending is the amount of sewage sludge that is shipped to another 
facility in bulk form (i.e., not in a bag or other container), where 
the other facility derives a material from the sewage sludge (i.e., it 
is a ``person who prepares'').
    This question does not cover sewage sludge sent directly to a land 
application site, surface disposal site, municipal solid waste 
landfill, or sewage sludge incinerator.
    f. The amount applied to the land in bulk form is the amount of 
bulk sewage sludge from your facility that is sent directly to a land 
application site from your facility. It does not cover sewage sludge 
placed in a bag or other container, nor does it cover sewage sludge 
shipped off site for treatment or for sale or give-away in a bag or 
other container.
    g. The amount placed on a surface disposal site is the amount of 
sewage sludge from your facility that is placed on a surface disposal 
site, regardless of whether you own or operate the surface disposal 
site.
    h. The amount fired in a sewage sludge incinerator is the amount of 
sewage sludge from your facility that is fired in a sewage sludge 
incinerator, regardless of whether you own or operate the sewage sludge 
incinerator.
    i. The amount sent to a municipal solid waste landfill (MSWLF) is 
the amount of sewage sludge from your facility that is sent directly to 
a MSWLF, which is a discrete area of land or an excavation that 
receives household waste and other solid wastes.
    j. The amount used or disposed by another practice is the amount of 
sewage sludge generated on site or received from off site that is not 
covered in Questions 3.d-3.i above.
    4. Pollutant Concentrations. Provide available data on the 
concentrations of the listed pollutants in the sewage sludge from this 
facility. If concentration data are available for pollutants not on 
this list, provide those data as well. Provide up to three data points 
taken at least one month apart during the last two years. If data from 
the last two years are unavailable, provide the most recent data.
    Express pollutant concentrations as dry weight concentrations.
    You may use a separate attachment in addition to, or instead of, 
the table provided.
    You need not perform additional pollutant monitoring to comply with 
this requirement; rather, only available data are requested.
    Calculations on a dry weight basis are based on sewage sludge 
having been dried at 105 degrees Celsius until reaching a constant 
weight (i.e., essentially 100 percent solids content).
    The Part 503 sewage sludge use or disposal regulation requires the 
use of Test Method SW-846 (in ``Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods,'' Second and Third Editions) to 
analyze samples of sewage sludge for compliance with Part 503. SW-846 
is recommended, but not required, for purposes of providing sewage 
sludge quality information in the permit application.
    5. Treatment Provided at Your Facility. Provide the following 
information regarding sewage sludge treatment on site. This question 
does not request information on sewage sludge treatment at an off-site 
use or disposal facility.
    a. Indicate the class of pathogen reduction (Class A or Class B) 
that is achieved at your facility. You may select ``neither or 
unknown'' only if sewage sludge is placed on an active sewage sludge 
unit that is covered with soil or other material at the end of each 
operating day, sent to another facility 

[[Page 62647]]
for additional treatment, fired in a sewage sludge incinerator, or 
placed on a municipal solid waste landfill unit.
    Options for meeting Class A pathogen reduction are listed at 
Sec. 503.32(a). Options for meeting Class B pathogen reduction are 
listed at Sec. 503.32(b).
    b. Provide a written description of any treatment processes used to 
reduce pathogens in sewage sludge, including an indication of how the 
treatment fulfills one of the options for meeting Class A or Class B 
pathogen reduction. You may attach existing documentation (e.g., 
technical or process specifications) to meet this requirement.
    c. Indicate whether any of the vector attraction reduction options 
in Sec. 503.33(b) (1)-(11) are met before sewage sludge leaves the 
facility. Options 1-8 are typically met at the point where sewage 
sludge is generated or where a material is derived from sewage sludge, 
and Options 9-11 are typically met at the point of use or disposal.
    You may select ``none or unknown'' only in the following cases:
     If sewage sludge is fired in a sewage sludge incinerator; 
or
     If sewage sludge is placed on a municipal solid waste 
landfill unit.
    Land application: Sewage sludge applied to agricultural land, a 
forest, a public contact site, or a reclamation site must meet one of 
the vector attraction reduction options 1-10, which are defined at 
Sec. 503.33(b) (1)-(10), respectively. Sewage sludge applied to a lawn 
or home garden, or placed in a bag or other container for sale or give-
away for application to the land, must meet any of options 1-8, defined 
at Sec. 503.33(b) (1)-(8), respectively.
    Surface disposal: Sewage sludge placed on an active sewage sludge 
unit must meet one of vector attraction reduction options 1-11, which 
are defined at Sec. 503.33(b) (1)-(11), respectively.
    d. Provide a written description of any treatment processes used to 
reduce vector attraction characteristics of sewage sludge, including an 
indication of how the treatment fulfills one of options 1-11 for vector 
attraction reduction. You may attach existing documentation (e.g., 
technical or process specifications) to meet this requirement.
    6. Sewage Sludge Sent to Other Facilities. If sewage sludge from 
your facility is sent to an off-site facility for treatment, 
distribution, use, or disposal, provide the information requested below 
for each receiving facility. If sewage sludge is sent to more than one 
off-site facility, attach additional pages if necessary.
    For purposes of this form, an off-site facility is a facility or 
site that is located on land physically separate from the land used in 
connection with your facility. ``Off site'' may include facilities or 
sites that you own if they are not located on the same property or on 
adjacent property.
    a. Provide the facility's official or legal name. Do not use a 
colloquial name.
    b. Provide the name, title, and work telephone number of a person 
who is thoroughly familiar with the operation of the facility receiving 
the sewage sludge, and who can be contacted by the permitting authority 
if necessary.
    c. Provide the complete mailing address at the off-site facility 
where correspondence should be sent.
    d. Indicate which activities the receiving facility performs on the 
sewage sludge from your facility.
    7. Use and Disposal Sites. If sewage sludge is sent directly from 
your facility to a use or disposal site (i.e., it is not sent to 
another facility), provide the following information for each such site 
(attach additional pages if necessary):
    a. Provide the site name and/or number. The name and/or number is 
any designation commonly used to refer to the site. If the site has 
been previously designated in another permit, use that designation.
    b. Provide the name, title, and work telephone number of a person 
who is thoroughly familiar with the operation of the use or disposal 
site, and who can be contacted by the permitting authority if 
necessary.
    c. Answer either question 1 or question 2.
    1. Provide the physical location (street address) of the site. If 
the site lacks a street address or route number, provide the most 
accurate alternative geographic information (e.g., township and range, 
section or quarter section number, nearby highway intersection).
    2. Provide the latitude and longitude of the center of the site. If 
a map was used to obtain latitude and longitude, provide map datum 
(e.g., NAD 27, NAD 83) and map scale (e.g., 1:24000, 1:100000).
    d. The site type is the intended end use of the land. Applicable 
sewage sludge use and disposal standards, and thus permit conditions, 
differ according to type of site.
    Agricultural land is land on which a food crop, a feed crop, or a 
fiber crop is grown. This includes range land, which is open land with 
indigenous vegetation, and pasture, which is land on which animals feed 
directly on crops such as grasses, grain stubble, or stover.
    Forest is a tract of land thick with trees and underbrush.
    A public contact site is land with a high potential for contact by 
the public. Public contact sites include public parks, ball fields, 
cemeteries, plant nurseries, turf farms, and golf courses.
    A reclamation site is land that has been drastically disturbed by 
strip mining, fires, construction, etc. As part of the reclamation 
process, sewage sludge is applied for its nutrient and soil 
conditioning properties to help stabilize and revegetate the land.
    For purposes of this form, a lawn or home garden is privately-owned 
land on which crops or other vegetation are grown for private, non-
commercial use and on which use by the general public does not occur.
    A surface disposal site is an area of land that contains one or 
more active sewage sludge units. An active sewage sludge unit is land 
on which only sewage sludge is placed for final disposal.
    A sewage sludge incinerator is an enclosed device in which sewage 
sludge and auxiliary fuel are fired.
    A municipal solid waste landfill is a discrete area of land or an 
excavation that receives household waste and other solid wastes.
    8. Certification. All permit applications must be signed and 
certified.
    An application submitted by a municipality, State, Federal, or 
other public agency must be signed by either a principal executive 
officer or ranking elected official. A principal executive officer of a 
Federal agency includes: (1) The chief executive officer of the agency, 
or (2) a senior executive officer having responsibility for the overall 
operations of a principal geographic unit of the agency (e.g., Regional 
Administrators of EPA).
    An application submitted by a corporation must be signed by a 
responsible corporate officer. A responsible corporate officer means: 
(1) A president, secretary, treasurer, or vice president in charge of a 
principal business function, or any other person who performs similar 
policy- or decision-making functions; or (2) the manager of 
manufacturing, production, or operating facilities employing more than 
250 persons or having gross annual sales or expenditures exceeding $25 
million (in second quarter 1980 dollars), if authority to sign 
documents has been assigned or delegated to the manager in accordance 
with corporate procedures.
    An application submitted by a partnership or sole proprietorship 
must be signed by a general partner or the proprietor, respectively. 

[[Page 62648]]

Part 2: Permit Application Information

    Part 2 of this form pertains to facilities that are submitting a 
full permit application at this time. This includes facilities applying 
for an NPDES permit as well as ``sludge-only'' facilities that are 
applying for site-specific pollutant limits.
    Review items 1-5 of the Application Overview section to determine 
which sections of Part 2 cover your facility's sewage sludge use or 
disposal practices. Table 1, below, summarizes which sections cover 
which activities.

                                   Table 1.--Guidelines for Completing Part 2                                   
----------------------------------------------------------------------------------------------------------------
          Activity(ies) performed                 A             B             C             D             E     
----------------------------------------------------------------------------------------------------------------
Generates sewage sludge or derives                                                                              
 material from sewage sludge..............                                                        
                                                            (B.1-B.3)                                           
    That meets ceiling concentrations in                                                                        
     Table 1 of 40 CFR 503.13, pollutant                                                                        
     concentrations in Table 3 of Sec.                                                                          
     503.13, Class A pathogen requirements                                                                      
     in Sec. 503.32, and one of the eight                                                                       
     vector attraction reduction options                                                                        
     in Sec. 503.33 (b) (1)-(8)...........                                                        
                                                                (B.4)                                           
    That is sold or given away in bag or                                                                        
     other container for application to                                                                         
     the land.............................                                                        
                                                                (B.5)                                           
    That is shipped off site for treatment                                                                      
     or blending..........................                                                        
                                                                (B.6)                                           
    That is applied to the land in bulk                                                                         
     form.................................                                                        
                                                                (B.7)                                    
    That is placed on a surface disposal                                                                        
     site.................................                                                        
                                                                (B.8)                                           
    That is fired in a sewage sludge                                                                            
     incinerator..........................                                                        
                                                                (B.9)                                           
    That is sent to a municipal solid                                                                           
     waste landfill.......................                                                        
                                                               (B.10)                                           
Applies bulk sewage sludge to land........                                                        
Owns or operates a surface disposal site..                                                        
Fires sewage sludge in a sewage sludge                                                                          
 incinerator..............................                                                        
----------------------------------------------------------------------------------------------------------------

Section A: General Information

    All applicants must complete Section A, which requests general 
information about the facility.
    A.1. Facility Information.
    a. Provide the facility's official or legal name. Do not use a 
colloquial name.
    b. Provide the complete mailing address of the office where 
correspondence should be sent. This may differ from the facility 
location given in Question 1.d.
    c. Provide the name, title, and work telephone number of a person 
who is thoroughly familiar with the operation of the facility and with 
the facts reported in this application, and who can be contacted by the 
permitting authority if necessary.
    d. Provide the physical location (street address) of the facility. 
If the facility lacks a street address or route number, provide the 
most accurate alternative geographic information (e.g., township and 
range, section or quarter section number, nearby highway intersection).
    e. Provide the latitude and longitude of the facility. This 
information is required by EPA's Locational Data Policy. If a map was 
used to obtain latitude and longitude, provide map datum (e.g., NAD 27, 
NAD 83) and map scale (e.g., 1:24000, 1:100000).
    f. Indicate whether the facility is a Class I sludge management 
facility. A Class I sludge management facility is either:
     Any POTW required to have an approved pretreatment program 
under 40 CFR 403.8(a), including any POTW located in a State assuming 
local pretreatment program responsibilities pursuant to 40 CFR 
403.10(e)); or
     Any treatment works treating domestic sewage, as defined 
in 40 CFR 122.2, classified as a Class I sludge management facility by 
the EPA Regional Administrator, or, in the case of approved State 
programs, the Regional Administrator in conjunction with the State 
Director, because of the potential for its sewage sludge use or 
disposal practices to adversely affect public health and the 
environment.
    If your facility is a Class I sludge management facility, you must 
perform a toxicity characteristic leaching procedure (TCLP) on this 
facility's sewage sludge. Submit the results (pass or fail) of all TCLP 
tests you have performed during the past five years that you have not 
already submitted to the permitting authority.
    g. Provide the facility's design influent flow rate. ``Design 
influent flow rate'' means the average flow the treatment works was 
designed to treat. Enter the design influent flow rate in million 
gallons per day (mgd), to two decimal places (e.g., 3.12 mgd translates 
to three million one hundred twenty thousand gallons per day).
    h. For all areas served by the treatment works (municipalities and 
unincorporated service areas), enter the best estimate of the actual 
population served at the time of application. If another treatment 
works discharges into this treatment works, provide on a separate 
attachment the name of the other treatment works and the actual 
population it serves (it is not necessary to list the communities 
served by the other treatment works).
    i. Indicate the type of facility.
    A publicly owned treatment works (POTW) is any device or system 
used in the treatment (including recycling and reclamation) of 
municipal sewage or industrial wastes of a liquid nature which is owned 
by a State or municipality. This definition includes sewers, pipes, or 
other conveyances only if they convey wastewater to a POTW providing 
treatment.
    A privately owned treatment works is any device or system which is 
(a) used to treat wastes from any facility whose operator is not the 
operator of the treatment works and (b) not a POTW or federally owned 
treatment works.
    A federally owned treatment works is a facility that is owned and 
operated by a department, agency, or instrumentality of the Federal 
government that treats wastewater, a majority of which is domestic 
sewage, prior to discharge in accordance with a permit issued under 
section 402 of the Federal Water Pollution Control Act.
    A blending or treatment operation means any sewage sludge or 
wastewater treatment device or system, regardless of ownership 
(including Federal facilities), used in the storage, treatment, 
recycling, and reclamation of domestic sewage, including land dedicated 
for the disposal of sewage sludge. For purposes of this form, such 
devices or systems include blending or treatment operations that derive 
material from sewage sludge but do not generate sewage sludge. 

[[Page 62649]]

    A surface disposal site is an area of land that contains one or 
more active sewage sludge units. An active sewage sludge unit is land 
on which only sewage sludge is placed for final disposal. This does not 
include land on which sewage sludge is either stored or treated. Land 
does not include waters of the United States, as defined in 40 CFR 
122.2.
    A sewage sludge incinerator is an enclosed device in which sewage 
sludge and auxiliary fuel are fired.
    A.2. Applicant Information.
    a. If someone other than the facility contact person is submitting 
this application, provide the name of that person's organization.
    b. Provide the complete mailing address of the applicant's 
organization.
    c. Provide the name and work telephone number of a person who is 
thoroughly familiar with the operation of the facility and with the 
facts reported in this application, and who can be contacted by the 
permitting authority if necessary.
    d. Indicate whether this applicant is the owner or operator (or 
both) of the facility. If it is neither, describe the relationship of 
the applicant to the facility.
    e. Indicate whether you want correspondence regarding this 
application directed to the applicant or to the facility address 
provided in question 1.
    A.3. Permit Information. Provide the facility's NPDES permit 
number, if any. Also provide the number and type of any relevant 
Federal, State, or local environmental permits or construction 
approvals received or applied for, including but not limited to permits 
issued under any of the following programs:
     Hazardous Waste Management program under RCRA;
     UIC program under SDWA;
     Prevention of Significant Deterioration (PSD) program 
under the Clean Air Act;
     Nonattainment program under the Clean Air Act;
     National Emission Standards for Hazardous Air Pollutants 
(NESHAPS) preconstruction approval under the Clean Air Act;
     Ocean dumping permits under the Marine Protection, 
Research, and Sanctuaries Act; or
     Dredge or fill permits under Section 404 of CWA.
    A.4. Federal Indian Reservation. Identify any generation, 
treatment, storage, application to land, or disposal of sewage sludge 
that occurs on a Federal Indian Reservation.
    A.5. Topographic Map. Provide a topographic map or maps (or other 
appropriate map(s) if a topographic map is unavailable) that shows the 
items identified below, including the areas one mile beyond the 
property boundaries of the facility.
    a. Location of all sewage sludge management facilities, including 
land application sites and locations where sewage sludge is generated, 
treated, or disposed;
    b. Location of all water bodies within one mile beyond the 
facility's property boundaries; and
    c. Location of all wells used for drinking water listed in public 
records or otherwise known to you within \1/4\ mile of the facility 
property boundaries.
    On each map, include the map scale, a meridian arrow showing north, 
and latitude and longitude at the nearest whole second. Use a 7\1/2\-
minute series map published by the U.S. Geological Survey (USGS), which 
may be obtained through the USGS Earth Science Information Center 
(ESIC) listed below. If a 7\1/2\-minute series map has not been 
published for your facility site, then you may use a 15-minute series 
map from the U.S. Geological Survey. If neither a 7\1/2\-minute nor 15-
minute series map has been published for your facility site, use a plat 
map or other appropriate map, including all the requested information; 
in this case, briefly describe land uses in the map area (e.g., 
residential, commercial). If you have previously prepared a map that 
includes these three items, that map may be submitted to fulfill this 
requirement if it is still accurate.
    Maps may be purchased at local dealers (listed in your local yellow 
pages) or purchased over the counter at the following USGS Earth 
Science Information Centers (ESIC):

Anchorage-ESIC, 4230 University Dr., Rm. 101, Anchorage, AK 99508-
4664, (907)786-7011
Lakewood-ESIC, Box 25046, Bldg. 25, Rm. 1813, Denver Federal Center, 
MS 504, Denver, CO 80225-0046, (303)236-5829
Lakewood Open Files-ESIC, Box 25286, Bldg. 810, Denver Federal 
Center, Denver, CO
Menlo Park-ESIC, Bldg. 3, Rm. 3128, MS 532, 345 Middlefield Rd., 
Menlo Park, CA 94025-3591, (415)329-4309
Reston-ESIC, 507 National Center, Reston, VA 22092, (703)648-6045
Rolla-ESIC, 1400 Independence Rd., MS 231, Rolla, MO 65401-2602, 
(314)341-0851
Salt Lake City-ESIC, 2222 West 2300 South, Salt Lake City, UT 84119, 
(801)975-3742
Sioux Falls-ESIC, EROS Data Center, Sioux Falls, SD 57198-0001, 
(605)594-6151
Spokane-ESIC, U.S. Post Office Bldg., Rm. 135, 904 W. Riverside 
Ave., Spokane, WA 99201-1088, (509)353-2524
Stennis Space Center-ESIC, Bldg. 3101, Stennis Space Center, MS 
39529, (601)688-3541
Washington, D.C.-ESIC, U.S. Dept. of Interior, 1849 C St., NW, Rm. 
2650, Washington, D.C. 20240, (202)208-4047

    All maps should be either on paper or other material appropriate 
for reproduction. If possible, all sheets should be approximately 
letter size with margins suitable for filing and binding. As few sheets 
as necessary should be used to clearly show what is involved. Each 
sheet should be labeled with your facility's name, permit number, 
location (city, county, or town), date of drawing, and designation of 
the number of sheets of each diagram as ``page ________ of ________.''
    A.6. Line Drawing. Attach to this form a line drawing, simple flow 
diagram, or narrative description that identifies all sewage sludge 
processes employed during the permit term, including the information 
requested on the application form.
    A.7. Contractor Information.
    If a contractor carries out any operational or maintenance aspects 
associated with this facility, provide the name, mailing address, and 
telephone of each such contractor. Also provide a description of the 
activities performed by the contractor. Attach additional pages if 
necessary.
    A.8. Pollutant Concentrations.
     All facilities must complete Section A.8.a. (Part 503 
Metals, Nutrients, and percent solids).
     Complete Section A.8.b. if this facility is a Class I 
sludge management facility.
    A Class I sludge management facility is either:

--Any POTW required to have an approved pretreatment program under 40 
CFR 403.8(a), including any POTW located in a State assuming local 
pretreatment program responsibilities pursuant to 40 CFR 403.10(e)); or
--Any treatment works treating domestic sewage, as defined in 40 CFR 
122.2, classified as a Class I sludge management facility by the EPA 
Regional Administrator, or, in the case of approved State programs, the 
Regional Administrator in conjunction with the State Director, because 
of the potential for its sewage sludge use or disposal practices to 
adversely affect public health and the environment.

    Provide pollutant concentration data as follows:
     Submit data for each of the pollutants listed in the 
appropriate section.
     For the listed pollutants, data may not be more than two 
years old. If existing data are not available for a pollutant, you must 
obtain and analyze at least one sample for that pollutant. 

[[Page 62650]]

     In addition, if you have any available concentration data 
for pollutants not listed in the section you are completing, provide 
those data as well. If data for such additional pollutants are not 
available from the last two years, provide the most recent data.
     Express pollutant concentrations as dry weight 
concentrations.
     You may use a separate attachment in addition to or 
instead of the table provided.
    Calculations on a dry weight basis are based on sewage sludge 
having been dried at 105 degrees Celsius until reaching a constant 
weight (i.e., essentially 100 percent solids content).
    The Part 503 sewage sludge use or disposal regulation requires the 
use of Test Method SW-846 (in ``Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods,'' Second and Third Editions) to 
analyze samples of sewage sludge for compliance with Part 503. SW-846 
is recommended, but not required, for purposes of providing sewage 
sludge quality information in the permit application.
    A.9. Certification. All permit applications must be signed and 
certified. Also indicate in the boxes provided, which sections of Form 
2S you are submitting with this application.
    An application submitted by a municipality, State, Federal, or 
other public agency must be signed by either a principal executive 
officer or ranking elected official. A principal executive officer of a 
Federal agency includes: (1) The chief executive officer of the agency, 
or (2) a senior executive officer having responsibility for the overall 
operations of a principal geographic unit of the agency (e.g., Regional 
Administrators of EPA).
    An application submitted by a corporation must be signed by a 
responsible corporate officer. A responsible corporate officer means: 
(1) A president, secretary, treasurer, or vice president in charge of a 
principal business function, or any other person who performs similar 
policy- or decision-making functions; or (2) the manager of 
manufacturing, production, or operating facilities employing more than 
250 persons or having gross annual sales or expenditures exceeding $25 
million (in second quarter 1980 dollars), if authority to sign 
documents has been assigned or delegated to the manager in accordance 
with corporate procedures.
    An application submitted by a partnership or sole proprietorship 
must be signed by a general partner or the proprietor, respectively.

Section B: Generation of Sewage Sludge or Preparation of a Material 
Derived From Sewage Sludge

    Complete this section if you are a ``person who prepares sewage 
sludge.'' A person who prepares sewage sludge is a person who generates 
sewage sludge during the treatment of domestic sewage in a treatment 
works or who derives a material from sewage sludge. This section, 
therefore, pertains to any POTW or other treatment works that generates 
sewage sludge, as well as to any facility that derives a material from 
sewage sludge (e.g., it composts sewage sludge or blends sewage sludge 
with another material). Simply distributing sewage sludge or placing it 
in a bag or other container for sale or give-away for application to 
the land is not considered ``deriving a material'' from sewage sludge 
(because it does not change sludge quality), and thus a facility that 
only distributes or bags a sewage sludge would not be automatically 
required to provide the information in this section.
    B.1. Amount Generated On Site. Provide the total dry metric tons 
per 365-day period of sewage sludge that is generated at your facility. 
Report only the amount of sewage sludge that is generated during 
treatment of domestic sewage in a treatment works, not the amount of 
material that is derived from sewage sludge.
    B.2. Amount Received from Off Site. Provide the following 
information if your facility receives any sewage sludge from an off-
site facility for further treatment (including blending), use, or 
disposal at your facility. If your facility receives sewage sludge from 
more than one off-site facility, provide this information separately 
for each such facility. Attach additional pages as necessary.
    For purposes of this form, an off-site facility is a facility or 
site that is located on land physically separate from the land used in 
connection with your facility. ``Off site'' may include facilities or 
sites that you own if they are not located on the same property or on 
adjacent property.
    a. Provide the official or legal name of the off-site facility. Do 
not use a colloquial name.
    b. Provide the name and work telephone number of a person who is 
thoroughly familiar with the operation of the off-site facility and 
with the facts reported in this section, and who can be contacted by 
the permitting authority if necessary.
    c. Provide the complete mailing address at the off-site facility 
where correspondence should be sent.
    d. Provide the physical location (street address) of the off-site 
facility. If the facility lacks a street address or route number, 
provide the most accurate alternative geographic information (e.g., 
township and range, section or quarter section number, nearby highway 
intersection).
    The off-site facility providing the sewage sludge is, by 
definition, also a ``person who prepares sewage sludge''. Both you and 
the off-site facility are required to apply for a permit and are 
required to ensure that applicable Part 503 requirements are met.
    e. Provide the total dry metric tons per 365-day period received 
from the off-site facility.
    f. Describe any treatment processes occurring at the off-site 
facility, including blending activities and treatment to reduce 
pathogens or vector attraction characteristics. ``Treatment'' does not 
include dewatering.
    B.3. Treatment Provided at Your Facility. Provide the following 
information regarding sewage sludge treatment at your facility. This 
question does not request information on sewage sludge treatment at an 
off-site use or disposal facility.
    a. Indicate the class of pathogen reduction (Class A or Class B) 
that is achieved before sewage sludge leaves the facility. You may 
select ``neither or unknown'' only if sewage sludge is placed on an 
active sewage sludge unit that is covered with soil or other material 
at the end of each operating day, sent to another facility for 
additional treatment, fired in a sewage sludge incinerator, or placed 
on a municipal solid waste landfill unit.
    Options for meeting Class A pathogen reduction are listed at 
Sec. 503.32(a). Options for meeting Class B pathogen reduction are 
listed at Sec. 503.32(b).
    b. Provide a written description of any treatment processes used to 
reduce pathogens in sewage sludge, including an indication of how the 
treatment fulfills one of the options for meeting Class A or Class B 
pathogen reduction. You may attach existing documentation (e.g., 
technical or process specifications) to meet this requirement.
    c. Indicate whether any of vector attraction reduction options 1-8 
are met before sewage sludge leaves the facility. Options 1-8 are 
published at Sec. 503.33(b) (1)-(8), and typically are met at the point 
of sewage sludge generation.
    Options 9, 10, and 11 (published at Sec. 503.33(b) (9)-(11), 
respectively) are also available, but are typically met at the point of 
use or disposal and are covered elsewhere in this form.
    You may select ``none or unknown'' only in the following cases:
     If sewage sludge is sent to another facility for 
additional treatment; 

[[Page 62651]]

     If option 9 (injection below land surface) or option 10 
(incorporation into soil within six hours) is met at a land application 
site;
     If option 9 (injection below land surface), option 10 
(incorporation into soil within six hours), or option 11 (daily cover) 
is met at an active sewage sludge unit at a surface disposal site;
     If sewage sludge is fired in a sewage sludge incinerator; 
or
     If sewage sludge is placed on a municipal solid waste 
landfill unit.
    Land application: Sewage sludge applied to agricultural land, a 
forest, a public contact site, or a reclamation site must meet one of 
the vector attraction reduction options 1-10, which are defined at 
Sec. 503.33(b) (1)-(10), respectively. Sewage sludge applied to a lawn 
or home garden, or placed in a bag or other container for sale or give-
away for application to the land, must meet any of options 1-8, defined 
at Sec. 503.33(b) (1)-(8), respectively.
    Surface disposal: Sewage sludge placed on an active sewage sludge 
unit must meet one of vector attraction reduction options 1-11, which 
are defined at Sec. 503.33(b) (1)-(11), respectively.
    d. Provide a written description of any treatment processes used to 
reduce vector attraction characteristics of sewage sludge, including an 
indication of how the treatment fulfills one of options 1-8 for vector 
attraction reduction. You may attach existing documentation (e.g., 
technical or process specifications) to meet this requirement.
    e. Provide a written description of any other treatment or blending 
activities not described in B.3.b or B.3.d above. ``Other treatment'' 
does not include dewatering or placement of sewage sludge in a bag or 
other container for sale or give-away for application to land. You may 
attach existing documentation (e.g., technical or process 
specifications) to meet this requirement.
    B.4. Preparation of Sewage Sludge Meeting Ceiling Concentrations, 
Pollutant Concentrations, Class A Pathogen Requirements, and One of 
Vector Attraction Reduction Options 1-8.
    Complete this section if sewage sludge from this facility meets all 
of the following criteria:
     The ceiling concentrations in Table 1 of Sec. 503.13(b)(1) 
and the pollutant concentrations in Table 3 of Sec. 503.13(b)(3);
     The Class A pathogen reduction requirements in 
Sec. 503.32(a); and
     One of the vector attraction reduction options in 
Sec. 503.33(b) (1)-(8).
    Sewage sludge meeting all of these criteria is exempt from the 
general requirements of Sec. 503.12 and the management practices of 
Sec. 503.14, and thus fewer permitting and permit application 
requirements typically pertain to facilities generating such sludge. 
For this reason, if you are eligible to complete Section B.4, you may 
skip Sections B.5--B.7 unless specifically required to complete any of 
them by the permitting authority.
    a. Provide the total dry metric tons per 365-day period of sewage 
sludge that is applied to the land and that meets the Table 1 ceiling 
concentrations, the Table 3 pollutant concentrations, Class A pathogen 
requirements, and one of vector attraction reduction options 1-8.
    b. Indicate whether sewage sludge that meets the Table 1 ceiling 
concentrations, the Table 3 pollutant concentrations, Class A pathogen 
requirements, and one of vector attraction reduction options 1-8 is 
placed in bags or other containers at your facility.
    Sewage sludge placed in a bag or other container must meet the 
Table 1 ceiling concentrations, the Class A pathogen requirements, one 
of vector attraction reduction options 1-8, and either the Table 3 
pollutant concentrations or the annual pollutant loading rates (APLRs) 
in Table 4 of Sec. 503.13. This question does not pertain to sewage 
sludge meeting APLRs.
    An other container is either an open or closed receptacle, 
including but not limited to a bucket, a box, a carton, and a vehicle 
or trailer with a load capacity of one metric ton or less.
    B.5. Sale or Give-Away in a Bag or Other Container for Application 
to the Land. Complete this section if sewage sludge from this facility 
is sold or given away in a bag or other container for application to 
the land. Skip this section, however, for any sewage sludge you 
reported in Section B.4 (i.e., sludge meeting Table 1 ceiling 
concentrations, Table 3 pollutant concentrations, Class A pathogen 
requirements, and one of vector attraction reduction options 1-8).
    A bag or other container includes an open or closed receptacle such 
as a bucket, box, carton, or vehicle or trailer with a load capacity of 
one metric ton or less.
    a. Provide the total dry metric tons per 365-day period placed in 
bags or other containers for sale or give-away.
    b. Attach with this application a copy of any label or information 
sheet that accompanies the product being sold or given away. When 
sewage sludge is placed in a bag or other container for sale or give-
away for application to the land, either a label must be affixed to the 
bag or other container, or an information sheet must be provided to the 
person receiving the sewage sludge. The label or information sheet must 
contain the following information:
     The name and address of the person who prepared the sewage 
sludge that is sold or given away in a bag or other container for 
application to the land;
     A statement that application of the sewage sludge to the 
land is prohibited except in accordance with the instructions on the 
label or information sheet; and
     The annual whole sludge application rate for the sewage 
sludge that does not cause any of the annual pollutant loading rates in 
Table 4 of Sec. 503.13 to be exceeded.
    B.6. Shipment-Off Site for Treatment or Blending. Complete this 
section if you provide sewage sludge to another facility, and that 
facility provides treatment or blending (i.e., it derives a material 
from sewage sludge).
    Skip this section, however, for any sewage sludge that is:
     Covered in Section B.4 (i.e., it meets the Table 1 ceiling 
concentrations, the Table 3 pollutant concentrations, Class A pathogen 
reduction requirements, and one of vector attraction reduction options 
1-8);
     Covered in Section B.5 (i.e., it is placed in a bag or 
other container at your facility); or
     Sent directly from your facility to a land application 
site or surface disposal site.
    If you provide sewage sludge to more than one facility that 
provides treatment or blending, complete Section B.6 for each such 
facility. Attach additional pages as necessary.
    a. Provide the official or legal name of the facility receiving the 
sewage sludge. Do not use a colloquial name.
    b. Provide the name, title, and work telephone number of a person 
who is thoroughly familiar with the operation of the facility receiving 
the sewage sludge, and who can be contacted by the permitting authority 
if necessary.
    c. Provide the complete mailing address of the receiving facility 
where correspondence should be sent.
    d. Provide the total dry metric tons per 365-day period your 
facility sends to the receiving facility. Do not include sewage sludge 
that other facilities send to the receiving facility.
    e. Indicate whether the facility receiving the sewage sludge 
provides additional treatment to reduce pathogens in sewage sludge from 
your facility. Also indicate whether Class A or Class B pathogen 
reduction is 

[[Page 62652]]
achieved before the sewage sludge leaves the receiving facility.
    Options for meeting Class A pathogen reduction are listed at 
Sec. 503.32(a). Options for meeting Class B pathogen reduction are 
listed at Sec. 503.32(b).
    Provide a written description of any treatment processes used at 
the receiving facility to reduce pathogens in sewage sludge, including 
an indication of how the treatment fulfills one of the options for 
meeting Class A or Class B pathogen reduction. You may attach existing 
documentation (e.g., technical or process specifications) to meet this 
requirement.
    f. Indicate whether the facility receiving the sewage sludge 
provides additional treatment to reduce vector attraction 
characteristics of the sewage sludge from your facility. Also indicate 
whether any of vector attraction reduction options 1-8 are met before 
the sewage sludge leaves the receiving facility. Options 1-8 are 
typically met at the point of sewage sludge generation or treatment; 
additional options are available, but these are typically met at the 
point of use or disposal.
    Land application: Sewage sludge applied to agricultural land, 
forest, a public contact site, or a reclamation site must meet one of 
vector attraction reduction options 1-10, which are defined at 
Sec. 503.33(b) (1)-(10), respectively. Sewage sludge applied to a lawn 
or home garden, or placed in a bag or other container for sale or give-
away for application to the land, must meet one of vector attraction 
reduction options 1-8, defined at Sec. 503.33(b) (1)-(8), respectively.
    Surface disposal: Sewage sludge placed on an active sewage sludge 
unit meet one of vector attraction reduction options 1-11, which are 
defined at Sec. 503.33(b) (1)-(11), respectively.
    Provide a written description of any treatment processes used at 
the receiving facility to reduce vector attraction reduction 
characteristics of sewage sludge, including an indication of how the 
treatment fulfills one of options 1-8 for vector attraction reduction. 
You may attach existing documentation (e.g., technical or process 
specifications) to meet this requirement.
    g. Provide a written description of any other treatment or blending 
not described in B.6.e or B.6.f above. This does not include dewatering 
of sewage sludge. You may attach existing documentation (e.g., 
technical or process specifications) to meet this requirement.
    h. If you generate sewage sludge or derive a material from sewage 
sludge, and you provide that sewage sludge to another person who 
derives a material from the sewage sludge, Sec. 503.12(g) requires you 
to provide that person with notice and necessary information to comply 
with land application requirements of Part 503. If you answered ``yes'' 
to B.6.e, B.6.f, or B.6.g, the receiving facility is a ``person who 
prepares sewage sludge'' and you must provide, with this application, a 
copy of any notice and other information you provide to the receiving 
facility.
    i. If the receiving facility places sewage sludge from your 
facility in a bag or other container for sale or give-away for 
application to the land, provide a copy of all labels or notices that 
accompany the product being sold or given away.
    A bag or other container includes an open or closed receptacle such 
as a bucket, box, carton, or vehicle or trailer with a load capacity of 
one metric ton or less.
    When sewage sludge is placed in a bag or other container for sale 
or give-away for application to the land, either a label must be 
affixed to the bag or other container, or an information sheet must be 
provided to the person receiving the sewage sludge. The label or 
information sheet must contain the following information:
     The name and address of the person who prepared the sewage 
sludge that is sold or given away in a bag or other container for 
application to the land;
     A statement that application of the sewage sludge to the 
land is prohibited except in accordance with the instructions on the 
label or information sheet; and
     The annual whole sludge application rate for the sewage 
sludge that does not cause any of the annual pollutant loading rates in 
Table 4 of Sec. 503.13 to be exceeded.
    B.7. Land Application of Bulk Sewage Sludge. Complete this section 
if bulk sewage sludge from your facility is sprayed or spread onto the 
land surface, injected below the land surface, or incorporated into the 
soil in order to condition the soil or fertilize crops or vegetation 
grown in the soil.
    Skip this section, however, for sewage sludge that is:
     Covered in Section B.4 (i.e., it meets the ceiling 
concentrations in Table 1 of Sec. 503.13(b)(1), the pollutant 
concentrations in Table 3 of Sec. 503.13(b)(3), the Class A pathogen 
reduction requirements in Sec. 503.32(a), and one of the vector 
attraction reduction options in Sec. 503.33(b)(1)-(8)); 1
     Covered in Section B.5 (i.e., it is placed in a bag or 
other container for sale or give-away for application to the land); or
     Covered in Section B.6 (i.e., it is sent to another 
facility for treatment or for blending).
    Bulk sewage sludge is defined as sewage sludge that is not sold or 
given away in a bag or other container for application to the land. (A 
bag or other container includes an open or closed receptacle such as a 
bucket, box, carton, or vehicle or trailer with a load capacity of one 
metric ton or less.)
    If you complete this section (which requests summary information 
for all bulk sewage sludge that is applied to the land), also complete 
Section C for each land application site.
    a. Provide the total dry metric tons per 365-day period your 
facility sends to all land application sites. Do not include sewage 
sludge sent to land application sites by other facilities.
    b. Indicate whether all land application sites are identified in 
Section C of this application. If you are not identifying all sites in 
Section C, provide a copy of the land application plan with this permit 
application. (Information is collected in Section C for each land 
application site that has been identified at the time of permit 
application.)
    Current regulations require you to submit a land application plan 
at the time of permit application if you intend to apply sewage sludge 
to land application sites that have not been identified at the time of 
permit application. (This requirement does not apply if your sewage 
sludge meets the ceiling concentrations in Table 1 of 
Sec. 503.13(b)(1), the pollutant concentrations in Table 3 of 
Sec. 503.13(b)(3), the Class A pathogen reduction requirements in 
Sec. 503.32(a), and one of the vector attraction reduction options in 
Sec. 503.33(b) (1)-(8).)
    At a minimum, the land application plan must:
     Describe the geographical area covered by the plan;
     Identify site selection criteria;
     Describe how sites will be managed;
     Provide for advance notice to the permitting authority of 
specific land application sites and a reasonable time for the 
permitting authority to object prior to the sewage sludge application; 
and
     Provide for advance public notice as required by State and 
local law, but in all cases require notice to land owners and occupants 
adjacent to or abutting the proposed land application sites.
    The permit writer will work with you to develop additional details 
of the land application plan on a case-by-case basis. 

[[Page 62653]]
Such details include site selection criteria (site slope, run-on and 
run-off control, etc.) and site management guidelines (sludge 
application rates, access controls, etc.).
    The land application plan is an alternative to either (1) requiring 
identification of, and permit conditions for, all potential land 
application sites at the time of permit issuance, or (2) requiring an 
individual permit action for each approval of a land application site. 
A land application plan provides for public notice when the land 
application plan is developed as part of the permit, and it discusses 
how the public will be notified on a case-by-case basis. For this 
reason, public notice of the permit will be required to reach areas 
within the territorial scope of the land application plan. The public 
notice must indicate that the permit includes a land application plan, 
and the fact sheet must briefly describe the contents of the land 
application plan.
    c. If any land application sites are located in States other than 
the State where you generate the bulk sewage sludge or derive the 
material from sewage sludge, describe how the permitting authority will 
be notified in the States where the land application sites are located.
    The permitting authority is either:
     The State, in cases where the State has an EPA-approved 
sewage sludge management program; or
     The EPA Region, in cases where a State sewage sludge 
management program has not yet been approved.
    The notice must include the following:
     The physical location, by either street address or 
latitude and longitude, of each land application site;
     The approximate time period bulk sewage sludge will be 
applied to the site;
     The name, address, and telephone number of the person who 
prepares the bulk sewage sludge and the NPDES permit number (if 
applicable) of their facility; and
     The name, address, and telephone number of the person who 
will apply the bulk sewage sludge and the NPDES permit number (if 
applicable) for their facility.
    B.8. Surface Disposal. Complete this section if sewage sludge from 
your facility is placed on a surface disposal site. If you own or 
operate a surface disposal site, also complete Section D.
    a. Provide the total dry metric tons per 365-day period that is 
sent from your facility to all surface disposal sites. Do not include 
sewage sludge sent to surface disposal sites by other facilities.
    A surface disposal site is an area of land that contains one or 
more active sewage sludge units. An active sewage sludge unit is a 
sewage sludge unit that has not closed. A sewage sludge unit is land on 
which only sewage sludge is placed for final disposal, excluding land 
on which sewage sludge is either stored or treated.
    b. If sewage sludge from your facility is placed on any surface 
disposal sites that you do not own or operate, complete B.8.c-B.8.f for 
each surface disposal site that you do not own or operate. If you send 
sewage sludge to more than one surface disposal site that you do not 
own or operate, attach additional pages as necessary.
    c. Provide the official or legal name (or number) of the site 
receiving the sewage sludge. Do not use a colloquial name.
    d. Provide the name, title, and work telephone number of a person 
who is thoroughly familiar with the operation of the surface disposal 
site, and who can be contacted by the permitting authority if 
necessary.
    Indicate whether the facility contact is the site owner, the site 
operator, or both. For purposes of this form, the owner is the person 
that owns a part of or the entire facility. The operator is the person 
responsible for the overall operation of the facility, and may be 
different from the owner. In general, the operator is the person 
responsible for the daily functioning of the facility, including sewage 
sludge use or disposal.
    e. Provide the complete mailing address for the surface disposal 
site where correspondence should be sent.
    f. Provide the total dry metric tons of sewage sludge per 365-day 
period from your facility placed on this surface disposal site. Do not 
include sewage sludge sent to this surface disposal site by other 
facilities.
    B.9. Incineration. Complete this section if sewage sludge from your 
facility is fired in a sewage sludge incinerator. If you own or operate 
a sewage sludge incinerator, also complete Section E.
    a. Provide the total dry metric tons of sewage sludge per 365-day 
period that is sent from your facility to all sewage sludge 
incinerators. Do not include sewage sludge sent to sewage sludge 
incinerators by other facilities.
    A sewage sludge incinerator is an enclosed device in which sewage 
sludge and auxiliary fuel are fired. Auxiliary fuel is fuel used to 
augment the fuel value of sewage sludge, including natural gas, fuel 
oil, coal, gas generated during anaerobic digestion of sewage sludge, 
and municipal solid waste (not to exceed 30 percent of the dry weight 
of sewage sludge and auxiliary fuel together).
    b. If you do not own or operate a sewage sludge incinerator in 
which sewage sludge from your facility is fired, complete B.9.c-B.9.f 
each sewage sludge incinerator that you do not own or operate.
    c. Provide the official or legal name or number of the sewage 
sludge incinerator. Do not use a colloquial name.
    d. Provide the name, title, and work telephone number of a person 
who is thoroughly familiar with the operation of the sewage sludge 
incinerator, and who can be contacted by the permitting authority if 
necessary.
    Indicate whether the incinerator contact is the owner, the 
operator, or both. For purposes of this form, the owner is the person 
that owns a part of or the entire facility. The operator is the person 
responsible for the overall operation of the facility, and may be 
different from the owner. In general, the operator is the person 
responsible for the daily functioning of the facility, including sewage 
sludge use or disposal.
    e. Provide the complete mailing address at the sewage sludge 
incinerator where correspondence should be sent.
    f. Provide the total dry metric tons of sewage sludge per 365-day 
period from your facility fired in this sewage sludge incinerator. Do 
not include sewage sludge sent to this incinerator by other facilities.
    B.10. Disposal on a Municipal Solid Waste Landfill.
    Complete this section if sewage sludge from your facility is placed 
on a municipal solid waste landfill (MSWLF) unit.
    Provide the information in this section once for each MSWLF on 
which sewage sludge from your facility is placed. If sewage sludge from 
your facility is placed on more than one MSWLF, attach additional pages 
as necessary.
    The Part 503 sewage sludge use or disposal regulation does not 
impose additional requirements on sewage sludge that is sent to a 
MSWLF, but they cross-reference existing criteria for MSWLFs at 40 CFR 
Part 258. Therefore, if sewage sludge from your facility is placed on a 
MSWLF unit, your permit must contain conditions regulating such 
disposal.
    A MSWLF unit is a discrete area of land or an excavation that 
receives household waste, and that is not a land application unit, 
surface impoundment, injection well, or waste pile, as those terms are 
defined under Sec. 257.2. A 

[[Page 62654]]
MSWLF unit also may receive other types of RCRA subtitle D wastes, such 
as commercial solid waste, nonhazardous sludge, small quantity 
generator waste and industrial solid waste. Such a landfill may be 
publicly or privately owned.
    a. Provide the official or legal name of the MSWLF. Do not use a 
colloquial name.
    b. Provide the name, title, and work telephone number of a person 
who is thoroughly familiar with the operation of the MSWLF, and who can 
be contacted by the permitting authority if necessary.
    c. Provide the complete mailing address for the MSWLF where 
correspondence should be sent. This may differ from the MSWLF location 
given below.
    d. Provide the physical location (street address) of the MSWLF. If 
the MSWLF lacks a street address or route number, provide the most 
accurate alternative geographic information (e.g., township and range, 
section or quarter section number, nearby highway intersection).
    e. Provide the total dry metric tons per 365-day period that is 
sent from your facility to this MSWLF. Do not include sewage sludge 
sent to the MSWLF by other facilities.
    f. Provide the number and type of any relevant Federal, State, or 
local environmental permits or construction approvals received or 
applied for by the MSWLF.
    g. Submit information to determine whether the sewage sludge placed 
on this MSWLF meets applicable requirements for disposal of sewage 
sludge on a MSWLF.
    Sewage sludge placed on a MSWLF must meet requirements in Part 258 
concerning the quality of materials placed on a MSWLF unit. In 
particular:
     Placement on a MSWLF of bulk or noncontainerized liquid 
waste, as determined using the Paint Filter Liquids Test (Method 9095 
in ``Test Methods for Evaluating Solid Wastes, Physical/Chemical 
Methods--EPA Pub. No. SW-846.), is prohibited.
     Placement on a MSWLF of a regulated hazardous waste, as 
defined in 40 CFR 261.3, is prohibited.
     If sewage sl
FR Doc. 95-28213 National Pollutant Discharge Elimination System Permit Application Requirements for Publicly Owned Treatment Works and Other Treatment Works Treating Domestic Sewage
udge is used as a cover at a MSWLF, the MSWLF 
owner/operator must demonstrate that the sewage sludge is suitable for 
use as a cover, and that it provides sufficient control of disease 
vectors, fires, odors, blowing litter, and scavenging and does not 
present a threat to human health and the environment.
    h. Indicate whether the MSWLF complies with criteria set forth in 
40 CFR Part 258.
    Part 258 specifies minimum Federal criteria for MSWLFs, including 
landfills that accept sewage sludge along with household waste. Among 
these requirements are location restrictions, facility design and 
operating criteria, ground-water monitoring, and corrective action, 
closure and post-closure care, along with financial assurance 
requirements. In contrast to Part 503, Part 258 controls sewage sludge 
placed on MSWLFs through a facility design and management practice 
approach. In Part 503, EPA has adopted the Part 258 criteria as the 
appropriate standard for sewage sludge disposed of with municipal 
waste. EPA concluded that if sewage sludge is disposed of in a MSWLF 
complying with Part 258 criteria, public health and the environment are 
protected.
    Note that the POTW is legally responsible for knowing whether a 
MSWLF is in compliance with Part 258 and may be liable if it sends its 
sludge to an MSWLF that is not in compliance with Part 258.

Section C: Land Application of Bulk Sewage Sludge

    Complete this section if you completed Section B.7 (Land 
Application of Bulk Sewage Sludge). Unless the permitting authority 
specifically requires you to complete this section, you may skip this 
section for sewage sludge that is covered in any of the following 
sections of this application:
     Section B.4 (the sewage sludge meets the ceiling 
concentrations in Table 1 of Sec. 503.13(b)(1), the pollutant 
concentrations in Table 3 of Sec. 503.13(b)(3), the Class A pathogen 
reduction requirements in Sec. 503.32(a), and one of the vector 
attraction reduction options in Sec. 503.33(b) (1)-(8)). Such sewage 
sludges are exempt from the general requirements and management 
practices of Part 503 when they are land applied (unless the permitting 
authority requires otherwise), and thus the site information in Section 
C is not required for permitting.
     Section B.5 (the sewage sludge is placed in a bag or other 
container for sale or give-away for application to the land). Section C 
does not cover the sale or give-away of sewage sludge in a bag or other 
container for application to the land because EPA typically will not 
control the users of such sewage sludge (typically, home gardeners or 
other small-scale users), or the land on which the sludge is applied, 
through the generator's permit.
     Section B.6 (the sewage sludge is sent to another facility 
for treatment or for blending). Section C does not apply to a generator 
that sends sewage sludge to another facility for treatment or for 
blending, because the Part 503 requirements addressed by Section C will 
largely be the responsibility of the receiving facility.
    Bulk sewage sludge is defined as sewage sludge that is not sold or 
given away in a bag or other container for application to the land. (A 
bag or other container includes an open or closed receptacle such as a 
bucket, box, carton, or vehicle or trailer with a load capacity of one 
metric ton or less.)
    Provide the information in this section for each land application 
site that has been identified at the time of permit application. Attach 
additional pages as necessary. In cases where the sewage sludge is 
applied to numerous sites with similar characteristics, you may combine 
the information for several sites under a single response (the name and 
address of each site must still be provided, however).
    C.1. Identification of Land Application Site.
    a. Provide the site name or number. The name or number is any 
designation commonly used to refer to the site. If the site has been 
previously designated in another permit, use that designation.
    b. Answer either question 1 or question 2.
    1. Provide the physical location (street address) of the land 
application site. If the site lacks a street address or route number, 
provide the most accurate alternative geographic information (e.g., 
township and range, section or quarter section number, nearby highway 
intersection).
    2. Provide the latitude and longitude of the facility. If a map was 
used to obtain latitude and longitude, provide map datum (e.g., NAD 27, 
NAD 83) and map scale (e.g., 1:24000, 1:100000).
    C.2. Owner Information.
    a. Indicate whether you are the owner of this land application 
site. For purposes of this form, the owner is the person that owns a 
part of or the entire land application site.
    b. If you are not the owner of this land application site, provide 
the name, telephone number, and complete mailing address for the site 
owner.
    C.3. Applier Information.
    a. Indicate whether you are the person who applies sewage sludge to 
this land application site.
    b. If you are not the person who applies sewage sludge to this land 
application site, provide the name, 

[[Page 62655]]
telephone number, and mailing address of the person who applies sewage 
sludge to this land application site.
    C.4. Site Type. The ``type of land application site'' is the 
intended end use of the land. Part 503 regulates bulk sewage sludge 
applied to agricultural land, forest, public contact sites, reclamation 
sites, and lawns and home gardens. Proper identification of the type of 
land application site is important because the applicable Part 503 
requirements--and thus permit conditions--differ according to the type 
of site.
    Agricultural land is land on which a food crop, a feed crop, or a 
fiber crop is grown. This includes range land, which is open land with 
indigenous vegetation, and pasture, which is land on which animals feed 
directly on crops such as grasses, grain stubble, or stover.
    Forest is a tract of land thick with trees and underbrush.
    A public contact site is land with a high potential for contact by 
the public. Public contact sites include public parks, ball fields, 
cemeteries, plant nurseries, turf farms, and golf courses.
    A reclamation site is land that has been drastically disturbed by 
strip mining, fires, construction, etc. As part of the reclamation 
process, sewage sludge is applied for its nutrient and soil 
conditioning properties to help stabilize and revegetate the land.
    C.5. Crop or Other Vegetation Grown on Site.
    a. Identify the type of crop or other vegetation grown on this land 
application site. If the crop or vegetation to be grown on the site is 
not yet known, or is likely to change in an unforeseeable manner during 
the life of the permit, you may so indicate instead of providing the 
type of crop or other vegetation.
    b. Provide the nitrogen requirement for the crop or other 
vegetation listed in C.5.a. Information on the nitrogen content of 
vegetation grown on the site may be obtained from local agricultural 
extension services, a local Farm Advisor's Office, or published 
sources.
    C.6. Vector Attraction Reduction. Identify any vector attraction 
reduction requirements that are met at the land application site.
    a. Specifically, indicate whether vector attraction reduction 
option 9 (injection below soil surface) or option 10 (incorporation 
into soil within 6 hours) is met.
    Bulk sewage sludge that is applied to the land may meet any of 
vector attraction reduction options 1-10, as identified in 
Sec. 503.33(b) (1)-(10), respectively. Options 1-8 were covered in 
Section B.3, which requests information on sewage sludge treatment at 
the facility generating the sewage sludge. If you met any of options 1-
8 (e.g., processes to reduce volatile solids, reduce specific oxygen 
uptake rate, raise pH, raise percent solids), you should have 
identified that option in Question B.3.c and described how the option 
is met in Question B.3.d.
    By contrast, vector attraction reduction options 9 and 10 are 
typically met at the land application site. Options 9 and 10 are not 
available for sewage sludge applied to a lawn or home garden.
    b. Provide a written description of how the vector attraction 
reduction is met.
    C.7. Ground-Water Monitoring. If any ground-water monitoring data 
are available for this land application site, submit the following with 
the application:
     Available ground-water monitoring data; and
     A written description of the well locations, approximate 
depth to ground water, and the ground-water monitoring procedures used 
to obtain these data (you may attach existing documentation to fulfill 
this requirement).
    For purposes of this form, ground-water monitoring means the 
installation and periodic sampling and analysis of small-diameter wells 
screened in the aquifer below the base of the deepest active sewage 
sludge unit.
    C.8. Cumulative Loadings and Remaining Allotments.
    Complete Section C.8. only for sewage sludge that is applied to the 
site subject to cumulative pollutant loading rates (CPLRs). Sewage 
sludge applied to the site on or before July 20, 1993, is not subject 
to this section.
    a. Indicate whether you have contacted the permitting authority in 
the State where the bulk sewage sludge will be applied to ascertain 
whether bulk sewage sludge subject to CPLRs has been applied to the 
site since July 20, 1993.
    If applicable, provide the name of the permitting authority and the 
name and phone number of the contact person at the permitting 
authority.
    You may not apply bulk sewage sludge subject to CPLRs to the site 
until you have contacted the permitting authority in that State.
    The permitting authority is either:
     The State, in cases where the State has an EPA-approved 
sewage sludge management program; or
     The EPA Region, in cases where a State sewage sludge 
management program has not yet been approved.
    If you answered yes to C.8.a, continue on to C.8.b. If you answered 
no, skip the rest of Section C.8.
    b. Indicate whether, based on your investigation in Section C.8.a 
or other information, sewage sludge subject to CPLRs has been applied 
to the site since July 20, 1993.
    If you answered yes to C.8.b, continue on to C.8.c. If you answered 
no, skip the rest of Section C.8.
    c. Provide the following information for every other facility that 
sends (or has sent since July 20, 1993) bulk sewage sludge subject to 
CPLRs to this site:
     The official or legal name of the facility. Do not use a 
colloquial name.
     If available, the name, title, and work telephone number 
of a person who is thoroughly familiar with the facility, and who can 
be contacted by the permitting authority if necessary.
     The complete mailing address at the facility where 
correspondence should be sent.

Section D: Surface Disposal

    Complete this section if you own or operate a surface disposal site 
and are required to submit a full permit application (i.e., Part 2 of 
Form 2S) at this time.
    A sewage sludge surface disposal site is, by definition, a 
treatment works treating domestic sewage, and the owner/operator of the 
site is required to apply for a permit. You are required to submit Part 
2 of this form (including Section D) if:
     The surface disposal site is already covered by an NPDES 
permit (e.g., a POTW's NPDES permit);
     You are requesting site-specific pollutant limits for an 
active sewage sludge unit at the surface disposal site; or
     You have been required by the permitting authority to 
submit a full permit application at this time.
    If none of these criteria apply, you should submit Part 1 instead 
of Part 2 (and may therefore skip Section D). Part 1 requests a limited 
amount of information from so-called ``sludge-only'' facilities 
(facilities without a currently-effective NPDES permit) that are not 
requesting site-specific permit limits and are not otherwise required 
to submit a full permit application at this time. Part 1 is intended to 
allow the permitting authority to identify these facilities, track 
sewage sludge use and disposal, and establish priorities for 
permitting.
    D.1. Information on Active Sewage Sludge Units. Complete Sections 
D1. through D5 for each active sewage sludge unit you own or operate. 
If you own or operate more than one active 

[[Page 62656]]
sewage sludge unit, attach additional pages as necessary.
    An active sewage sludge unit is an area of land on which only 
sewage sludge is placed for final disposal. Sewage sludge units 
include, but are not limited to, natural topographical depressions, 
man-made excavations, or diked areas designed to dispose of (not treat) 
sewage sludge. Sewage sludge units do not include areas where sewage 
sludge is generated as a result of ongoing treatment (e.g., polishing 
ponds) or land on which sewage sludge is placed for either treatment or 
storage. Sewage sludge may be stored on an area of land for a period 
equal to or less than two years. If sewage sludge remains on an area of 
land for greater than two years, the person who prepares the sewage 
sludge must develop a rationale for why the land should not be 
considered an active sewage sludge unit.
    Most requirements for surface disposal of sewage sludge under Part 
503 pertain to individual active sewage sludge units at a surface 
disposal site. Permit conditions for your facility may be developed on 
a unit-by-unit basis, or may be developed for the entire surface 
disposal site if all units are sufficiently similar.
    a. Provide the name or number of the active sewage sludge unit. The 
name or number is any designation commonly used to refer to the unit. 
If the active sewage sludge unit has been previously designated in 
another permit, use that designation.
    b. Provide the physical location (street address) of the active 
sewage sludge unit. If the active sewage sludge unit lacks a street 
address or route number, provide the most accurate alternative 
geographic information (e.g., township and range, section or quarter 
section number, nearby highway intersection).
    c. Provide the total dry metric tons per 365-day period placed on 
the active sewage sludge unit. The amount of sewage sludge placed on an 
active sewage sludge unit determines the frequency of monitoring for 
sewage sludge placed on the active sewage sludge unit.
    d. Provide the total number of dry metric tons of sewage sludge 
placed on the active sewage sludge unit over the life of the unit to 
date.
    e. Indicate whether the active sewage sludge unit has a liner. A 
liner is defined as soil or synthetic material with a maximum hydraulic 
conductivity (permeability) of 1  x  10-7 cm/sec.
    If the active sewage sludge unit has a liner, describe the material 
from which the liner is constructed and specify the design hydraulic 
conductivity of that material.
    f. Indicate whether the active sewage sludge unit has a leachate 
collection system. A leachate collection system is a system or device 
installed immediately above a liner that is designed, constructed, 
maintained, and operated to collect and remove leachate from a sewage 
sludge unit.
    If the active sewage sludge unit has a leachate collection system, 
describe how the system is designed and operated. Also describe the 
method used for leachate disposal, such as discharge to surface water 
(provide all applicable permit numbers) or disposal at a hazardous 
waste treatment, storage, or disposal facility (provide Federal, State, 
and local permit numbers for this facility).
    g. If you answered yes to both D.1.e and D.1.f, pollutant limits do 
not apply to the active sewage sludge unit.
    If the boundary of the active sewage sludge unit without a liner 
and leachate collection system is less than 150 meters from the 
property line of the surface disposal site, provide the actual distance 
in meters.
    When the boundary of an active sewage sludge unit without a liner 
and leachate collection system is less than 150 meters from the 
property line of the surface disposal site, the pollutant limits for 
the unit are determined according to the actual distance, as indicated 
in Table 2 of Sec. 503.23.
    h. Provide the remaining capacity of the active sewage sludge unit, 
in dry metric tons, and the anticipated closure date of the active 
sewage sludge unit, if known. Attach to the application a copy of any 
closure plan that has been developed for the active sewage sludge unit.
    D.2. Sewage Sludge from Other Facilities. If sewage sludge is sent 
to this active sewage sludge unit by any facilities other than your 
facility, complete this section for each such facility. If sewage 
sludge from more than one facility other than your facility is placed 
on this active sewage sludge unit, attach additional pages as 
necessary.
    a. Provide the official or legal name of the facility providing the 
sewage sludge. Do not use a colloquial name.
    b. Provide the name, title, and work telephone number of a person 
who is thoroughly familiar with the operation of the facility that is 
providing the sewage sludge, and who can be contacted by the permitting 
authority if necessary.
    c. Provide the complete mailing address of the facility providing 
the sewage sludge.
    d. Indicate the class of pathogen reduction that is achieved before 
sewage sludge leaves the facility that generates the sewage sludge.
    Options for meeting Class A pathogen reduction are listed at 
Sec. 503.32(a). Options for meeting Class B pathogen reduction are 
listed at Sec. 503.32(b).
    e. Provide a written description of any treatment processes used at 
the facility providing the sewage sludge to reduce pathogens in the 
sewage sludge, including, where applicable, how the treatment fulfills 
one of the options for meeting Class A or Class B pathogen reduction. 
You may attach existing documentation (e.g., technical or process 
specifications) to meet this requirement.
    f. Indicate whether any of the vector attraction reduction options 
1-8, (at Sec. 503.33(b) (1)-(8), respectively) are met at the facility 
providing the sewage sludge. Options 1-8 are typically met at the point 
of sewage sludge generation. Additional options are available, but 
these are typically met at the point of disposal.
    You may select ``none or unknown'' only if option 9 (injection 
below land surface), option 10 (incorporation into soil within six 
hours), or option 11 (daily cover) is met at the point of disposal at 
this active sewage sludge unit (see Section D.3.a).
    g. Provide a written description of any treatment processes used at 
the facility providing the sewage sludge to reduce vector attraction 
reduction characteristics of sewage sludge, including an indication of 
how the treatment fulfills one of options 1-8 for vector attraction 
reduction. You may attach existing documentation (e.g., technical or 
process specifications) to meet this requirement.
    h. Provide a written description of any other treatment processes 
at the facility providing the sewage sludge that are not described in 
D.2.d-D.2.g. You may attach existing documentation (e.g., technical or 
process specifications) to meet this requirement.
    D.3. Vector Attraction Reduction. Complete this section for each 
active sewage sludge unit.
    a. Indicate whether any of vector attraction reduction options 9-11 
(at Sec. 503.33(b) (9)-(11), respectively) are met when the sewage 
sludge is placed on this active sewage sludge unit.
    Sewage sludge placed on an active sewage sludge unit must meet one 
of vector attraction reduction options defined at Sec. 503.33(b) (1)-
(11). Options 1-8 are typically met at the point of sewage sludge 
generation (see Question D.2.f). Options 9-11 are typically met at the 
point of disposal. 

[[Page 62657]]

    b. Provide a written description of any treatment processes used at 
the active sewage sludge unit to reduce vector attraction reduction 
characteristics of sewage sludge, including an indication of how the 
treatment fulfills one of options 9-11 for vector attraction reduction. 
You may attach existing documentation (e.g., technical or process 
specifications) to meet this requirement.
    D.4. Ground-Water Monitoring.
    Placement of sewage sludge on an active sewage sludge unit must not 
contaminate an aquifer. Compliance must be demonstrated through either: 
(1) the results of a ground-water monitoring program developed by a 
qualified ground-water scientist, or (2) certification by a qualified 
ground-water scientist that contamination has not occurred.
    Contaminate an aquifer means to introduce a substance that causes 
the maximum contaminant level (MCL) for nitrate in 40 CFR 141.11 to be 
exceeded in ground water, or that causes the existing concentration of 
nitrate in ground water to increase when the existing concentration of 
nitrate in the ground water exceeds the MCL for nitrate in 40 CFR 
141.11.
    The MCL for nitrate is 10 milligrams/liter.
    This section solicits existing ground-water monitoring data and 
other documentation to indicate the potential for contamination of an 
aquifer at the active sewage sludge unit, and the capability of the 
owner/operator of the surface disposal site to demonstrate that 
contamination has not occurred.
    a. If ground-water monitoring is conducted for this active sewage 
sludge unit, provide the following:
     Available ground-water monitoring data; and
     A written description of the well locations, approximate 
depth to ground water, and the ground-water monitoring procedures used 
to obtain these data (you may attach existing documentation to fulfill 
this requirement).
    For purposes of this application, ground-water monitoring means the 
installation and periodic sampling and analysis of small-diameter wells 
in the aquifer below the base of the deepest active sewage sludge unit.
    b. If a ground-water monitoring program has been prepared for this 
active sewage sludge unit (regardless of whether ground-water 
monitoring is currently conducted), submit a copy of the program with 
this permit application. The program should include the number, depth, 
and location of all wells; the frequency and method of sampling; and 
the parameters for which the ground water is tested.
    c. If you have obtained a certification from a qualified ground-
water scientist that contamination of the aquifer below the active 
sewage sludge unit has not occurred, submit a copy of the certification 
with this permit application.
    A qualified ground-water scientist is an individual with a 
baccalaureate or post-graduate degree in the natural sciences or 
engineering who has sufficient training and experience in ground-water 
hydrology and related fields, as may be demonstrated by State 
registration, professional certification, or completion of accredited 
university programs, to make sound professional judgments regarding 
ground-water monitoring, pollutant fate and transport, and corrective 
action.
    D.5. Site-Specific Limits. Indicate whether you are seeking site-
specific pollutant limits in your permit for the sewage sludge placed 
on this active sewage sludge unit.
    After August 18, 1993, you are allowed to seek site-specific 
pollutant limits only for good cause, and must do so within 180 days of 
becoming aware that good cause exists. If you request site-specific 
pollutant limits with this permit application, you are required to 
submit information supporting the request, including a demonstration 
that existing values for site parameters specified by the permitting 
authority differ from the values for those parameters used to develop 
the pollutant limits in Table 1 of Sec. 503.23. You must also submit 
follow-up information at the request of the permitting authority.
    If the permitting authority determines that site-specific pollutant 
limits are appropriate, the permitting authority may specify site-
specific limits in the permit as long as the existing concentrations of 
the pollutants in the sewage sludge are not exceeded.

Section E: Incineration

    Complete this section if you own or operate a sewage sludge 
incinerator. If you own or operate more than one sewage sludge 
incinerator, complete this section for each incinerator unit. Attach 
additional pages as necessary.
    A sewage sludge incinerator is, by definition, a treatment works 
treating domestic sewage, and the owner/operator of a sewage sludge 
incinerator is required to submit a full permit application (i.e., Part 
2 of Form 2S).
    E.1. Incinerator Identification.
    a. Provide the name or number of the sewage sludge incinerator 
unit. The name or number is any designation commonly used to refer to 
the unit. If the unit has been previously designated in another permit, 
use that designation.
    b. Provide the physical location (street address) of the sewage 
sludge incinerator. If the incinerator lacks a street address or route 
number, provide the most accurate alternative geographic information 
(e.g., township and range, section or quarter section number, nearby 
highway intersection).
    E.2. Amount Fired. Provide the total dry metric tons of sewage 
sludge (dry weight basis) fired in the sewage sludge incinerator unit 
per 365-day period.
    E.3. Beryllium NESHAP.
    The firing of sewage sludge in a sewage sludge incinerator must not 
violate the National Emission Standard (NESHAP) for beryllium as 
established in Subpart C of 40 CFR Part 61. The beryllium NESHAP only 
applies, however, to sewage sludge incinerators firing ``beryllium-
containing waste.'' The beryllium NESHAP is 10 grams of beryllium in 
the exit gas over a 24-hour period, unless the incinerator owner/
operator has been approved to meet a 30-day average ambient 
concentration limit on beryllium in the vicinity of the sewage sludge 
incinerator of 0.01 g/m\3\. Complete this section to 
demonstrate compliance with the beryllium NESHAP.
    a. Indicate whether sewage sludge fired in this sewage sludge 
incinerator is beryllium-containing waste. Beryllium-containing waste 
is material contaminated with beryllium or beryllium compounds used or 
generated during any process or operation performed by one of several 
sources.
    Submit information, test data, and a description of measures taken 
that demonstrate whether the sewage sludge fired in this sewage sludge 
incinerator is beryllium-containing waste, and will continue to remain 
as such.
    b. If the sewage sludge fired in this sewage sludge incinerator is 
beryllium-containing waste, submit a complete report of the latest 
beryllium emission rate testing, as well as documentation of ongoing 
incinerator operating parameters indicating that the NESHAP emission 
rate limit for beryllium has been and will continue to be met.
    E.4. Mercury NESHAP.
    The firing of sewage sludge in a sewage sludge incinerator must not 
violate the NESHAP for mercury as established in Subpart E of 40 CFR 
Part 61. Complete this section to demonstrate compliance with the 
mercury NESHAP.
    a. Indicate whether stack testing or sewage sludge sampling is 
being used to demonstrate compliance with the mercury NESHAP. If stack 
testing is 

[[Page 62658]]
used, complete E.4.b. below. If sewage sludge sampling is used, 
complete E.4.c. below.
    b. Stack testing option. Stack testing must be conducted using 
Method 101A in 40 CFR Part 61, Appendix B (``Determination of 
Particulate and Gaseous Mercury Emissions from Sewage Sludge 
Incinerators''). The total quantity of mercury emitted into the 
atmosphere from all incinerators at a site must not exceed 3200 grams 
over a 24-hour period.
    If stack testing is used, submit the following with this 
application:
     A complete report of stack testing and documentation of 
ongoing incinerator operating parameters indicating that the 
incinerator has and will continue to meet the mercury NESHAP emission 
rate limit.
     Copies of mercury emission rate tests for the two most 
recent years in which testing was conducted.
    c. Sampling option. Sewage sludge must be sampled and analyzed 
using Method 105 in 40 CFR Part 61 Appendix B (``Determination of 
Mercury in Wastewater Treatment Plant Sewage Sludge''), and the mercury 
emissions calculated using the following equation must not exceed 3200 
grams over a 24-hour period:
[GRAPHIC][TIFF OMITTED]TP06DE95.046

where:

EHg=mercury emissions, g/day
M=mercury concentration in sewage sludge on a dry solids basis, in 
micrograms/gram
Q=sludge charging rate, in kg/day
Fsm = weight fraction of solids in the collected sewage sludge 
after mixing.

    If sewage sludge sampling is used, submit a complete report of 
sewage sludge sampling and documentation of ongoing incinerator 
operating parameters indicating that the incinerator has and will 
continue to meet the mercury NESHAP emission rate limit.
    E.5. Dispersion Factor.
    a. Provide the dispersion factor, in micrograms/cubic meter/gram/
second, for the sewage sludge incinerator.
    The dispersion factor is the ratio of the increase in the ground-
level ambient air concentration for a pollutant at or beyond the 
property line of the site where the sewage sludge incinerator is 
located to the mass emission rate for the pollutant from the 
incinerator stack. The dispersion factor is calculated individually by 
each applicant based on the results of an air dispersion model 
specified by the permitting authority.
    b. Provide the name and type of the air dispersion model used to 
obtain the dispersion factor.
    Approved air dispersion models are listed in EPA's Guideline on Air 
Quality Models and EPA's Support Center for Regulatory Air Models 
(SCRAM) bulletin board. Unless a pre-existing modeling effort has been 
used to calculate dispersion factor (and the results have been approved 
by EPA), you should work closely with the permitting authority to 
prepare a modeling protocol.
    c. Submit a copy of the modeling results and supporting 
documentation with this application.
    E.6. Control Efficiency.
    a. Provide the control efficiency, in hundredths, for arsenic, 
cadmium, chromium, lead, and nickel at this sewage sludge incinerator.
    Control efficiency is the mass of a pollutant in the sewage sludge 
fed to an incinerator minus the mass of that pollutant in the exit gas 
from the incinerator stack, divided by the mass of the pollutant in the 
sewage sludge fed to the incinerator.
    b. Submit a copy of the results of performance testing and 
supporting documentation, including testing dates.
    Control efficiency must be determined by a performance test, the 
protocol for which must be approved by EPA.
    E.7. Risk Specific Concentration for Chromium. The risk specific 
concentration (RSC) for arsenic, cadmium, chromium, and nickel is used 
to calculate pollutant limits for these metals in the permit. With the 
exception of chromium, the RSC for these metals is provided in Table 1 
of Sec. 503.43. The RSC for chromium, however, may be determined in two 
ways: (1) it may be located in Table 2 of Sec. 503.43 according to the 
type of incinerator; or (2) it may be calculated based on the ratio of 
hexavalent chromium to total chromium in the exhaust stack gas.
    a. Provide the RSC to be used in establishing a permit limit for 
chromium, in micrograms per cubic meter.
    b. Specify whether the RSC was:
     Provided in Table 2 of Sec. 503.43; or
     Calculated, using Equation 6 in 40 CFR 503.43, based on 
the ratio of hexavalent chromium to total chromium in the exhaust stack 
gas.
    c. If the RSC was looked up in Table 2 of Sec. 503.43, identify 
which category of incinerator type you used to obtain the RSC.
    d. If you calculated the RSC using Equation 6 in 40 CFR 503.43, 
provide the decimal fraction of hexavalent chromium concentration to 
total chromium concentration in the stack exit gas. Also submit the 
results of incinerator stack tests for hexavalent and total chromium 
concentrations, including date(s) of test.
    E.8. Operational Standard for Total Hydrocarbons (THC) or Carbon 
Monoxide (CO).
    Total hydrocarbons (THC) means the organic compounds in the exit 
gas from a sewage sludge incinerator stack, as measured using a flame 
ionization detection instrument referenced to propane. Carbon monoxide 
(CO) can be monitored instead of THC. The operational standard for THC 
or CO requires that the THC or CO concentration in the exit gas be 
corrected for zero percent moisture and to seven percent oxygen.
    a. Provide the raw value for the THC or CO concentration in stack 
emissions, in parts per million (ppm). The raw value is the 
concentration measured directly by the flame ionization detection 
instrument.
    b. Provide the percent of moisture content in stack gas. This is 
used to correct the raw THC or CO concentration value for zero percent 
moisture.
    c. Provide percent oxygen concentration in stack gas (in dry 
volume/dry volume). This is used, after correction of the THC or CO 
concentration for zero percent moisture, to correct the THC or CO 
concentration to seven percent oxygen.
    d. Provide the corrected value for the THC or CO concentration in 
stack emissions, in ppm. The corrected value is the raw concentration, 
corrected for zero percent moisture and to seven percent oxygen.
    The raw THC or CO value is first corrected for zero percent 
moisture by multiplying by the following correction factor (from 40 CFR 
503.44):
[GRAPHIC][TIFF OMITTED]TP06DE95.047

where X is the decimal fraction of the percent moisture in the sewage 
sludge incinerator exit gas in hundredths.

    The dry value is then corrected to seven percent oxygen using the 
correction factor determined according to the following equation:
[GRAPHIC][TIFF OMITTED]TP06DE95.048

where Y = percent oxygen concentration in the sewage sludge incinerator 
stack exit gas (dry volume/dry volume).

    e. Submit documentation used to derive the raw THC or CO 

[[Page 62659]]
    concentration, moisture content, oxygen concentration, and corrected 
THC or CO concentration.
    E.9. Operating Parameters.
    a. Provide the type of sewage sludge incinerator--i.e., whether the 
incinerator is multiple hearth, fluidized bed, flash drying, electric 
furnace, or other.
    b. Provide with the application the following data on combustion 
temperature: temperature data (including testing date(s)), a 
description of temperature measurement and data recording and handling 
systems, and a description of how such combustion temperature data have 
been averaged.
    The permitting authority will use performance test data to specify 
the maximum combustion temperature in the permit as a ``never to 
exceed'' value. Regulated facilities must also install, calibrate, 
operate, and maintain an instrument that measures and records 
combustion temperatures continuously.
    c. Provide the sewage sludge feed rate in dry metric tons per day, 
and indicate whether the average daily amount or the maximum design 
capacity feed rate was used. Submit supporting documentation describing 
how the feed rate was calculated.
    The average daily amount feed rate is the average daily amount of 
sewage sludge fired in all sewage sludge incinerators within the 
property line of the site where the sewage sludge incinerators are 
located for the number of days in a 365-day period that each sewage 
sludge incinerator operates.
    The maximum design capacity feed rate is the average daily design 
capacity for all sewage sludge incinerators within the property line of 
the site where the sewage sludge incinerators are located.
    The permitting authority will use the feed rate you report as the 
basis for calculating pollutant limits and will include it as an 
enforceable condition in the permit.
    d. Provide the incinerator stack height (in meters) for each stack, 
and indicate whether actual or creditable stack height was used.
    The actual stack height is the difference between the elevation at 
the top of the stack and the elevation of the ground at the base of the 
stack, when the difference is equal to or less than 65 meters.
    The creditable stack height is used if the difference is greater 
than 65 meters. This is determined in accordance with 40 CFR 
51.100(ii).
    e. Submit information documenting the operating parameters for the 
air pollution control device(s) used for this sewage sludge 
incinerator.
    E.10. Monitoring Equipment. Provide a detailed list of the 
equipment in place to monitor total hydrocarbons or carbon monoxide, 
percent oxygen, moisture content, and combustion temperature. 
Monitoring equipment includes, but is not limited to, thermocouples, 
oxygen continuous emissions monitors, furnace temperature gauges, 
sewage sludge and auxiliary fuel feed rate monitors, differential 
pressure detectors, liquid or gas flow detectors, and air pollution 
control devices.
    E.11. Air Pollution Control Equipment. Provide a list of the 
equipment in place to control emissions from the sewage sludge 
incinerator stack. Indicate the type and capacity for each piece of 
equipment listed.
[FR Doc. 95-28213 Filed 12-5-95; 8:45 am]
BILLING CODE 6560-50-P

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