[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Proposed Rules]
[Pages 32061-32063]
[FR Doc No: 2015-13358]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1423; Directorate Identifier 2014-NM-173-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 757-200 Series
Airplanes Modified by Supplemental Type Certificate (STC) ST01529SE or
STC ST02278SE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 757-200 series airplanes modified by
particular STCs. This proposed AD was prompted by reports of a main
cargo door being blown past its full open position while on the ground
during gusty wind conditions, which resulted in uncontrolled fall down
to its closed position. This proposed AD would require installing a new
placard and bracket, replacement of an existing placard, and
replacement of the main cargo door control panel. We are proposing this
AD to prevent damage to the main cargo door, which could result in
rapid decompression, leading to in-flight breakup.

DATES: We must receive comments on this proposed AD by July 20, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Precision

Conversions LLC, 4900 SW Griffith Drive, Suite 133, Beaverton, OR
97005; ATTN: Steven A. Lopez; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>You may view this referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1423; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Narinder Luthra, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6513; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2015-1423;
Directorate Identifier 2014-NM-173-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We received reports of a main cargo door being blown past its full
open position during gusty wind conditions, resulting in a subsequent
uncontrolled fall down to its closed position. It was determined that
the Precision Conversions freighter conversion installs a main cargo
door that, in certain wind conditions, can rotate open past the full-
open position. This can result in damage to the door and surrounding
structure, which can go unnoticed by the crew. If a damaged airplane
takes off and is pressurized per normal procedures the cargo door could
fail. This condition, if not corrected, could result in rapid
decompression, leading to in-flight breakup.

Related Service Information Under 1 CFR Part 51

    We reviewed Precision Conversions LLC Service Bulletin PC-757-11-
0023, dated August 1, 2014. The service information describes
procedures for installing a new placard and bracket, replacement of an
existing placard, and replacement of the main cargo door control panel.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section of this NPRM.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD affects 9 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Installation......................  6 work-hours x $85 per                 $0             $510           $4,590
                                     hour = $510.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

The Boeing Company: Docket No. FAA-2015-1423; Directorate Identifier
2014-NM-173-AD.

(a) Comments Due Date

    We must receive comments by July 20, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 757-200 series
airplanes modified by the applicable supplemental type certificate
identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) ST01529SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/0AF09C3701A237EE86257A5D0064B3AA?OpenDocument&Highlight=st01529se).
    (2) ST02278SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/E54B5289A2E9F6EF86257B7F0056EDAF?OpenDocument&Highlight=st02278se).

(d) Subject

    Air Transport Association (ATA) of America Code 11, Placards and
Markings.

(e) Unsafe Condition

    This AD was prompted by reports of a main cargo door being blown
past its full open position while on the ground during gusty wind
conditions, which resulted in uncontrolled fall down to its closed
position. We are issuing this AD to prevent damage to the main cargo
door, which could result in rapid decompression, leading to in-
flight breakup.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Installation

    Within 90 days after the effective date of this AD, install a
new placard and bracket, replace the existing placard, and replace
the main cargo door control panel, in accordance with the
Accomplishment Instructions of Precision Conversions LLC Service
Bulletin PC-757-11-0023, dated August 1, 2014.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (i)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    (1) For more information about this AD, contact Narinder Luthra,
Aerospace Engineer, Airframe Branch, ANM 120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Precision Conversions LLC, 4900 SW Griffith Drive, Suite 133,
Beaverton, OR 97005; ATTN: Steven A. Lopez; phone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>You may view this
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on May 18, 2015.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-13358 Filed 6-4-15; 8:45 am]
 BILLING CODE 4910-13-P


Page 1 of 37 Permit No. IN 0058238 STATE OF INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of the Federal Water Pollution Control Act, as amended, ( 33 U. S. C. 1251 et seq., the " Act"), and IDEM's permitting authority under IC 13 15, as amended, ( formerly IC 13 7),

BAA INDIANAPOLIS LLC AND INDIANAPOLIS AIRPORT AUTHORITY are authorized to discharge from a public transportation airport and related service facilities that are located at 2500 South High School Road, Indianapolis, Indiana to receiving waters named White River and White Lick Creek via several different tributaries in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I and II hereof.

Effective Date __________________________________.

Expiration Date _____________________________, 2002.

In order to receive authorization to discharge beyond the date of expiration, the permittee shall submit such information and forms as are required by the Indiana Department of Environmental Management no later than 180 days prior to the date of expiration.

Signed this ____ day of ____________________, 1997, for the Indiana Department of Environmental Management.

______________________________ Matthew C. Rueff Assistant Commissioner Office of Water Management Page 2 of 37 Permit No. IN 0058238 TREATMENT FACILITY CLASSIFICATION The discharger has a Class A SO industrial wastewater treatment plant, classified in accordance with 327 IAC 8 12, Classification of Water and Wastewater Treatment Plants.

PART I A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1. During the period beginning on the effective date of this permit and lasting until the expiration date, the permittee is authorized to discharge from: Outfall 002 Mars Ditch Outfall 004 Seerley Creek Such discharge shall be limited and monitored by the permittee as specified below: Discharge Limitations [ 1][ 2]

Quantity or Loading Quality or Concentration Monitoring Requirements Monthly Daily Monthly Daily Measurement Sample Parameter Average Maximum Units Average Maximum Units Frequency Type Flow Report Report MGD    [ 3] 24 Hr Total Ammonia ( as N)[ 4]     4.4 mg/ l [ 3] Composite[ 5] Propylene Glycol[ 4]     200 mg/ l [ 3] Composite Potassium     Report mg/ l [ 3] Composite Sodium     Report mg/ l [ 3] Composite TSS     Report mg/ l [ 3] Composite Oil & Grease     Report mg/ l [ 3] Grab[ 6] T. Cyanide     Report mg/ l [ 3] Grab[ 7] Forecasted Air Temperature    Report oF [ 3] [ 8] Actual Air Temperature     Report oF [ 3] [ 9]

Forecasted Air temperature of 45 oF and below: CBOD5[ 4]     325 mg/ l [ 3] Composite COD     Report mg/ l [ 3] Composite Forecasted Air temperature from above 45 oF to 55 oF: CBOD5     100 mg/ l [ 3] Composite COD     Report mg/ l [ 3] Composite Forecasted Air temperature above 55 oF: CBOD5     40 mg/ l [ 3] Composite COD     Report mg/ l [ 3] Composite Page 3 of 37 Permit No. IN 0058238 Quality or Concentration Monitoring Requirements Daily Daily Measurement Sample Parameter Minimum Maximum Units Frequency Type Dissolved Oxygen Report Report mg/ l [ 3] Grab[ 10]

[ 1] Development and implementation of a Storm Water Pollution Prevention Plan as described in Part I. C. of this permit.

[ 2] The discharge limitations are based on the specific types of deicing/ anti icing practices currently being conducted and chemicals currently being used in the respective watersheds. In the event that deicing/ anti icing practices change or additional or alternative chemicals are used, the permittee shall notify the Indiana Department of Environmental Management as required by Part II. C. 1. of this permit.

[ 3] Samples will be taken during every discharge beginning with the first application of chemicals during the deicing/ anti icing season in the respective watershed. Upon completion of deicing/ anti icing for the season in the respective watershed, sampling may be discontinued after the propylene glycol concentration is reported as nondetectable.

[ 4] Refer to the Schedule of Compliance described in Part I. D. of this permit.

[ 5] Composite samples will consist of flow weighted samples taken at a maximum interval of one ( 1) hour during the first four ( 4) hours of the discharge. The first sample shall be taken within the first thirty ( 30) minutes, or as soon thereafter as practicable, of the discharge.

[ 6] The grab sample shall be taken within the first thirty ( 30) minutes, or as soon thereafter as practicable, of the discharge.

[ 7] Cyanide shall be measured and reported as Total Cyanide. The maximum holding time for cyanide ( CN) is 24 hours when sulfide is present and 14 days when sulfide is absent, according to 40 CFR 136.3, Table II. Therefore, CN is to be monitored by collecting a representative grab sample and analyzing it within 24 hours. Alternatively, if the permittee can demonstrate the wastewater contains no sulfide, the permittee may collect a composite sample and analyze it within 14 days. Page 4 of 37 Permit No. IN 0058238 [ 8] The forecasted air temperatures reported will be the forecasted maximum air temperature during the time period beginning with the onset of the discharge and ending thirty six ( 36) hours after the onset of the discharge. Forecasted air temperature will be obtained from the National Weather Service located at the Indianapolis International Airport.

[ 9] The air temperatures reported will be the maximum air temperature during the time period beginning with the onset of the discharge and ending thirty six ( 36) hours after the onset of the discharge. Air temperature will be obtained from the National Weather Service located at the Indianapolis International Airport.

[ 10] A grab sample shall be taken at the beginning and end of the composite sampling period.

a. The pH shall not be less than 6.0 nor greater than 9.0. The pH shall be monitored as follows: by a monthly grab sample.

b. The discharge shall not cause excessive foam in the receiving waters. The discharge shall be essentially free of floating and settleable solids.

c. The discharge shall not contain oil or other substances in amounts sufficient to create a visible film or sheen on the receiving waters.

d. The discharge shall be free of substances that are in amounts sufficient to be unsightly or deleterious or which produce color, odor, or other conditions to such a degree as to create a nuisance.

e. The discharge shall not contain any substance in an amount sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants or humans.

f. The discharge shall not contain any substances or combination of substances in amounts that will cause or contribute to the growth of aquatic plants or algae to such degree as to create a nuisance, be unsightly or otherwise impair the designated use.

g. Samples taken in compliance with the monitoring requirements above shall be taken at a point representative of the discharge but prior to mixing with any other waste material and prior to entry into Mars Ditch  Outfall 002 and Seerley Creek  Outfall 004 . Page 5 of 37 Permit No. IN 0058238 2. During the period beginning on the effective date of this permit and lasting until the expiration date, the permittee is authorized to discharge from: Outfall 003 Davis Creek Outfall 005 Center Creek Outfall 006A North Collector Channel Outfall 006B North Taxiway Channel Outfall 007 Sterling Run Channel Such discharge shall be monitored by the permittee as specified below:

Discharge Limitations[ 1]

Quantity or Loading Quality or Concentration Monitoring Requirements Monthly Daily Monthly Daily Measurement Sample Parameter Average Maximum Units Average Maximum Units Frequency Type Flow Report Report MGD    [ 2] [ 3] CBOD5     Report mg/ l [ 2] Composite[ 4] COD     Report mg/ l [ 2] Composite Ammonia ( as N)     Report mg/ l [ 2] Composite Propylene Glycol     Report mg/ l [ 2] Composite Potassium[ 5]     Report mg/ l [ 2] Composite Sodium[ 6]     Report mg/ l [ 2] Composite TSS     Report mg/ l [ 2] Composite Oil & Grease     Report mg/ l [ 2] Grab[ 7]

[ 1] The discharge limitations are based on the specific types of deicing/ anti icing practices currently being conducted and chemicals currently being used in the respective watersheds. In the event that deicing/ anti icing practices change or additional or alternative chemicals are used, the permittee shall notify the Indiana Department of Environmental Management as required by Part II. C. 1. of this permit.

[ 2] Sampling will begin after the first application of pavement deicers during the deicing/ anti icing season in the respective watershed. Samples will be required during rain events of 0.1 inch or greater following each application of pavement deicer up to a maximum of two ( 2) rain events per month. Sampling may be suspended after the last pavement deicer application and qualifying rain event of the deicing/ anti icing season.

[ 3] Flow will be measured each hour during the composite sampling period and be reported as the average of the measured values. Page 6 of 37 Permit No. IN 0058238 [ 4] Composite samples will consist of flow weighted samples taken at a maximum interval of one ( 1) hour during the first one and one half ( 1.5) hours of the discharge for the Davis Creek and Center Creek outfalls and the first three ( 3) hours for the North Collector Channel, North Taxiway Channel and Sterling Run Channel outfalls. The first sample shall be taken within the first thirty ( 30) minutes, or as soon thereafter as practicable, of the discharge.

[ 5] Sample only when potassium acetate based pavement deicer is used in the outfall's watershed.

[ 6] Sample only when sodium formate based pavement deicer is used in the outfall's watershed.

[ 7] The grab sample shall be taken within the first thirty ( 30) minutes, or as soon thereafter as practicable, of the discharge.

a. The pH shall not be less than 6.0 nor greater than 9.0. The pH shall be monitored as follows: by a monthly grab sample.

b. The discharge shall not cause excessive foam in the receiving waters. The discharge shall be essentially free of floating and settleable solids.

c. The discharge shall not contain oil or other substances in amounts sufficient to create a visible film or sheen on the receiving waters.

d. The discharge shall be free of substances that are in amounts sufficient to be unsightly or deleterious or which produce color, odor, or other conditions to such a degree as to create a nuisance.

e. The discharge shall not contain any substance in an amount sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants or humans.

f. The discharge shall not contain any substances or combination of substances in amounts that will cause or contribute to the growth of aquatic plants or algae to such degree as to create a nuisance, be unsightly or otherwise impair the designated use.

g. Samples taken in compliance with the monitoring requirements above shall be taken at a point representative of the discharge but prior to mixing with any other waste material. Page 7 of 37 Permit No. IN 0058238 3. During the period beginning on the effective date of this permit and lasting until the expiration date, the permittee is authorized to discharge from: Postal Hub Outfall 601, 602, 603, 604 North Taxiway Channel Postal Hub Outfall 701, 702, 703, 704 Sterling Run Channel Such discharge shall be monitored by the permittee as specified below:

Discharge Limitations[ 1]

Quantity or Loading Quality or Concentration Monitoring Requirements Monthly Daily Monthly Daily Measurement Sample Parameter Average Maximum Units Average Maximum Units Frequency Type Flow Report Report MGD    [ 2] [ 3] Propylene Glycol     Report mg/ l [ 2] Composite[ 4]

[ 1] The discharge limitations are based on the specific types of deicing/ anti icing practices currently being conducted and chemicals currently being used in the respective watersheds. In the event that deicing/ anti icing practices change or additional or alternative chemicals are used, the permittee shall notify the Indiana Department of Environmental Management as required by Part II. C. 1. of this permit.

[ 2] Samples will be taken during every discharge that causes measurable flow in the channel beginning with the first application of chemicals during the deicing/ antiicing season at the Postal Hub deicing pad. Once the propylene glycol concentration in the discharge is reported as nondetectable, sampling may be suspended until the next use of aircraft deicing/ anti icing fluids.

[ 3] Flow in the channel attributable to the Postal Hub deicing pad will be measured each hour during the composite sampling period and be reported as the average of the measured values.

[ 4] Composite samples for each channel will consist of flow weighted samples taken at each channel outfall at a maximum interval of one ( 1) hour during the first one and one half ( 1.5) hours of the discharge. The first sample shall be taken within the first thirty ( 30) minutes, or as soon thereafter as practicable, of the discharge. Only one composite sample per channel is required.

a. The pH shall not be less than 6.0 nor greater than 9.0. The pH shall be monitored as follows: by a monthly grab sample. Page 8 of 37 Permit No. IN 0058238 b. The discharge shall not cause excessive foam in the receiving waters. The discharge shall be essentially free of floating and settleable solids.

c. The discharge shall not contain oil or other substances in amounts sufficient to create a visible film or sheen on the receiving waters.

d. The discharge shall be free of substances that are in amounts sufficient to be unsightly or deleterious or which produce color, odor, or other conditions to such a degree as to create a nuisance.

e. The discharge shall not contain any substance in an amount sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants or humans.

f. The discharge shall not contain any substances or combination of substances in amounts that will cause or contribute to the growth of aquatic plants or algae to such degree as to create a nuisance, be unsightly or otherwise impair the designated use.

g. Samples taken in compliance with the monitoring requirements above shall be taken at a point representative of the discharge but prior to mixing with any other waste material. Page 9 of 37 Permit No. IN 0058238 4. During the period beginning on the effective date of this permit and lasting until the expiration date, the permittee is authorized to discharge from: Outfall 001 Drexel Run Such discharge shall be monitored by the permittee as specified below:

Discharge Limitations Quality or Concentration Monitoring Requirements Maximum Average Measurement Sample Parameter Grab Composite Units Frequency Type Flow Report Report MGD Annually[ 1] 24 Hr. Total Oil & Grease Report  mg/ l Annually Grab COD Report Report mg/ l Annually Grab & Composite Total Suspended Solids Report Report mg/ l Annually Grab & Composite pH Report  s. u. Annually Grab a. All samples shall be collected from the discharge resulting from a storm event that is greater than 0.1 inches and at least 72 hours from the previously measurable ( greater than 0.1 inch rainfall) storm event. Where feasible, the variance in the duration of the event and the total rainfall of the event should not exceed 50 percent from the average or median rainfall event in that area. Page 10 of 37 Permit No. IN 0058238 b. A grab sample shall be taken during the first thirty ( 30) minutes of the discharge ( or as soon thereafter as practicable), and a flow weighted composite shall be taken for the entire storm event or for the first three hours of the event. A flow weighted composite sample may be taken with a continuous sampler that proportions the amount of sample collected with the flow rate or as a combination of a minimum of three sample aliquots taken in each hour of discharge for the entire storm event or for the first three hours of the event, with each aliquot being at least 100 milliliters and collected with a minimum period of fifteen minutes between aliquot collections. A minimum of one grab sample may be taken for effluents from holding ponds or other impoundments with a retention period of greater than 24 hours.

c. Samples taken in compliance with the monitoring requirements above shall be taken at a point representative of the discharge but prior to mixing with any other waste material.

d. The discharge shall not cause excessive foam in the receiving waters. The discharge shall be essentially free of floating and settleable solids.

e. The discharge shall not contain oil or other substances in amounts sufficient to create a visible film or sheen on the receiving waters.

f. The discharge shall be free of substances that are in amounts sufficient to be unsightly or deleterious or which produce color, odor, or other conditions to such a degree as to create a nuisance.

g. The discharge shall not contain any substance in an amount sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants or humans.

h. The discharge shall not contain any substances or combination of substances in amounts that will cause or contribute to the growth of aquatic plants or algae to such degree as to create a nuisance, be unsightly or otherwise impair the designated use. Page 11 of 37 Permit No. IN 0058238 5. Special Reporting [ 1] The permittee shall submit a monthly report to the Indiana Department of Environmental Management during the deicing/ anti icing season which contains the following:

a. The date and time composite samples were initiated and the total rainfall during the composite sampling period for the composite samples required in Part I. A. 2.

b. The date and time the composite samples required in Part I. A. 3. were initiated. Indicate the reason for the discharge from the Postal Hub outfalls ( e. g. rainfall or snowmelt).

c. Reported climatological data from the National Weather Service station at the Indianapolis International Airport.

d. The approximate total weight or volume of each type of pavement deicer used in each watershed.

e. The approximate total volume of aircraft deicer and anti icer used in each watershed.

f. Date and location of remote areas used for aircraft deicing/ antiicing Example: P pad area, J pad area, D 9 deice area, and A 12 deice area.

g. Location of snow containing propylene glycol that is moved outside of the Mars Ditch, Seerley Creek, and Postal Hub deicing pad watershed areas.

The monthly report shall be submitted to the IDEM along with the discharge monitoring report. Page 12 of 37 Permit No. IN 0058238 B. MONITORING AND REPORTING 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge.

2. Reporting The permittee shall submit discharge monitoring reports to the Indiana Department of Environmental Management containing results obtained during the previous month which shall be postmarked no later than the 28th day of the month following each completed monitoring period. The first report shall be submitted by the 28th day of the month following the month in which the permit becomes effective.

The Regional Administrator may request the permittee to submit monitoring reports to the Environmental Protection Agency if it is deemed necessary to assure compliance with the permit.

3. Definitions a. Monthly Average ( 1) Weight Basis  The " monthly average" discharge means the total discharge during a calendar month divided by the number of days in the month that the production or commercial facility was discharging. Where less than daily sampling is required by this permit, the monthly average discharge shall be determined by the summation of the measured daily discharges by weight divided by the number of days during the calendar month when the measurements were made.

( 2) Concentration Basis  The " monthly average" concentration means the arithmetic average ( proportional to flow) of all daily determinations of concentration made during a calendar month. Daily determinations of concentration made using a composite sample shall be the concentration of the composite sample. When grab samples are used, the daily determination of concentration shall be the arithmetic average ( weighted by flow value) of all the samples collected during the calendar day. Page 13 of 37 Permit No. IN 0058238 b. " Daily Maximum" Discharge ( 1) Weight Basis  The " daily maximum" discharge means the total discharge by weight during any calendar day.

( 2) Concentration Basis  The " daily maximum" concentration means the daily determination of concentration for any calendar day.

c. A composite sample consists of flow weighted samples of wastewater, taken by the grab sample method or by an automatic sampler, which are taken at approximately equally spaced time intervals and which are combined prior to analysis. A composite sample is obtained by:

( 1) recording the discharge flow rate at the time each individual sample is taken,

( 2) adding together the discharge flow rates recorded from each individual sampling time to formulate the " total flow" value,

( 3) the discharge flow rate of each individual sampling time is divided by the total flow value to determine its percentage of the total flow value,

( 4) then multiply the volume of the total composite sample by each individual samples percentage to determine the volume of that individual sample which will be included in the total composite sample.

d. Concentration The weight of any given material present in a unit volume of liquid. Unless otherwise indicated in this permit, concentration values shall be expressed in milligrams per liter ( mg/ l).

e. The " Regional Administrator" is defined as the Region V Administrator, U. S. EPA, located at 77 West Jackson Boulevard, Chicago, Illinois 60604.

f. The " Commissioner" is defined as the Commissioner of the Indiana Department of Environmental Management, which is located at the following address: 100 North Senate Avenue, P. O. Box 6015, Indianapolis, Indiana 46206 6015. Page 14 of 37 Permit No. IN 0058238 g. " Deicing/ anti icing practices" is defined as, but not limited to, the location and chemicals currently being used to remove ice or prevent ice from forming on aircraft and/ or runways.

4. Test Procedures The analytical and sampling methods used shall conform to the current version of 40 CFR, Part 136. The approved methods may be included in the texts listed below. However, different but equivalent methods are allowable if they receive the prior written approval of the State agency and the U. S. Environmental Protection Agency.

a. Standard Methods for the Examination of Water and Wastewater 19th Edition, 1995, American Public Health Association, Washington, D. C. 20005.

b. A. S. T. M. Standards, Part 23, Water; Atmospheric Analysis 1972 American Society for Testing and Materials, Philadelphia, PA 19103.

c. Methods for Chemical Analysis of Water and Wastes June 1974, Revised, March 1983, Environmental Protection Agency, Water Quality Office, Analytical Quality Control Laboratory, 1014 Broadway, Cincinnati, OH 45202.

5. Recording of Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information:

a. The exact place, date, and time of sampling;

b. The person( s) who performed the sampling or measurements;

c. The dates the analyses were performed;

d. The person( s) who performed the analyses;

e. The analytical techniques or methods used; and f. The results of all required analyses and measurements. Page 15 of 37 Permit No. IN 0058238 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location( s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of this monitoring shall be included in the calculation and reporting of the values required in the monthly Discharge Monitoring Report ( DMR). Such increased frequency shall also be indicated. Other monitoring data not specifically required in the permit ( such as internal process or internal waste stream data) which is collected by or for the permittee need not be submitted unless requested by the commissioner.

7. Records Retention All records and information resulting from the monitoring activities required by this permit, including all records of analyses performed and calibration and maintenance of instrumentation and recording from continuous monitoring instrumentation, shall be retained for a minimum of three ( 3) years. In cases where the original records are kept at another location, a copy of all such records shall be kept at the permitted facility. The three year shall be extended:

( 1) automatically during the course of any unresolved litigation regarding the discharge of pollutants by the permittee or regarding promulgated effluent guidelines applicable to the permittee; or ( 2) as requested by the Regional Administrator or the Indiana Department of Environmental Management. Page 16 of 37 Permit No. IN 0058238 C. STORM WATER POLLUTION PREVENTION PLAN A storm water pollution prevention plan ( SWPPP) will be developed and implemented for the Indianapolis International Airport. The permittee shall ensure that SWPPPs are developed and implemented for the common areas of the airport. For leased areas or other areas of the airport occupied by airport tenants, the permittee shall ensure that the tenants that are engaged in industrial activity and who conduct operations which result in " storm water discharges associated with industrial activity" develop and implement SWPPPs. The permittee shall maintain a file with copies of all SWPPPs for the affected airport tenants. For the purpose of this permit, tenants engaged in industrial activity at the Indianapolis International Airport include airline companies, fixed base operators and other parties which have contracts with the permittee to conduct business operations on airport property which result in storm water discharges associated with industrial activity as described in 40 CFR 122.26( b)( 14). SWPPPs developed for areas occupied by the tenants shall include the requirements specified in this section and shall be integrated or congruent with the SWPPP for the entire airport. SWPPPs shall be prepared in accordance with good engineering practices and shall identify potential sources of pollution which may reasonably be expected to affect the quality of storm water discharges associated with industrial activity from the airport. The permittee must implement the provisions of the SWPPP required under this part and impose the same on the affected tenants, as a condition of this permit. Page 17 of 37 Permit No. IN 0058238 1. Development of Plan Within 12 months from the effective date of the permit, the permittee is required to develop and implement a Storm Water Pollution Prevention Plan ( SWPPP) for the permitted facility. The plan shall:

a. identify potential sources of pollution which may reasonably be expected to affect the quality of storm water discharges associated with industrial activity from the facility. Storm water associated with industrial activity includes, but is not limited to, the discharge from any conveyance which is used for collecting and conveying storm water and which is directly related to manufacturing, processing or materials storage areas at an industrial plant or facility;

b. describe practices to be used in reducing the potential for pollutants to be exposed to storm water; and c. assure compliance with the terms and conditions of the permit.

2. Contents For each area of a plant or facility that generates storm water associated with industrial activity that has a reasonable potential for containing significant amounts of pollutants, the SWPPP shall contain the following:

a. A description of potential pollutant sources as follows:

( 1) The plan must provide a description of areas on the site reasonably expected to be sources which add significant amounts of pollutants to storm water discharges such as areas used for the following purposes:

( a) Loading or unloading of bulk materials, both dry or liquids.

( b) Outdoor storage of raw materials, intermediary products, final products or waste products including fuels and petroleum products.

( c) Outdoor manufacturing activities. Page 18 of 37 Permit No. IN 0058238 ( d) Dust or particulate generating processes.

( e) Unauthorized connections or management practices.

( f) Waste disposal practices.

( g) Areas upon which pesticides are applied.

( h) Aircraft and runway deicing/ anti icing operations; fueling stations; aircraft, ground vehicle and equipment maintenance and/ or cleaning areas.

( i) Snow management practices including storage and disposal areas.

( 2) To provide such a description, the plan shall include, at a minimum, the following items:

( a) A site map indicating, at a minimum, the following:

i. Each drainage and discharge conveyance and outline of the drainage area of each storm water outfall.

ii. Paved areas and buildings within the drainage area of each discharge point.

iii. Each past or present area used for outdoor storage or disposal of significant materials ( defined in 40 CFR 122.26( b)( 12)) to include aircraft and runway deicing/ anti icing operations; fueling stations; aircraft, ground vehicle and equipment maintenance and/ or cleaning areas.

iv. Each existing structural control measure used to reduce pollutants in storm water runoff.

v. Materials loading and access areas. Page 19 of 37 Permit No. IN 0058238 vi. Each hazardous waste treatment, storage or disposal facility, including each area not required to have a RCRA permit which is used for accumulating hazardous waste as defined in 327 IAC 5 1 2.

vii. Each well where fluids from the facility are injected underground.

viii. Springs and wetlands.

ix. Other surface water bodies.

x. Soil types.

xi. Existing and proposed aboveground and underground storage tanks.

xii. Snow dumping, storage and management practices.

( b) An estimate of the area of impervious surfaces, including paved areas and building roofs, relative to the total area drained by each outfall.

( c) A topographic map, or other map if a topographic map is unavailable, extending one fourth ( 1/ 4) of a mile beyond the property boundaries of the facility, depicting the facility and each of its intake and discharge structures, springs, other surface water bodies and drinking water wells listed in public records or otherwise known to the applicant in the map area. This item may be included in the site map required under item ( a).

( d) A narrative description of the following:

i. Significant materials, that in the three ( 3) year period prior to the effective date of the permit, have been treated, stored or disposed on site in a manner to allow exposure to storm water. Page 20 of 37 Permit No. IN 0058238 ii. Method of treatment, storage or disposal of significant materials.

iii. Past and present materials management practices employed to minimize contact of these materials with storm water run off including aircraft and runway deicing/ anti icing activities.

iv. Materials loading and access areas.

v. The location and description of existing structural and nonstructural control measures to reduce pollutants in storm water run off.

vi. A description of any treatment the storm water receives, including the ultimate disposal of any solid or fluid wastes other than by discharge.

( e) A list of significant spills and leaks of toxic pollutants or hazardous substances as defined in 327 IAC 5 1 2 that occurred at the facility within the three ( 3) year period prior to the effective date of the permit. The list shall be updated within ninety ( 90) days from the date when a significant spill or leak of toxic pollutants or hazardous substances occurs and shall include a description of the materials released, an estimate of the volume of the release, the location of the release and a description of any remediation or clean up measures taken.

( f) For each area of the plant that generates storm water discharges associated with industrial activity with a reasonable potential for containing significant amounts of pollutants, a prediction of the direction and time of flow, and an estimate of the types of pollutants which could be present in storm water discharges associated with industrial activity.

( g) A summary of existing sampling data describing pollutants in storm water discharges. Page 21 of 37 Permit No. IN 0058238 b. The permittee shall operate and maintain all facilities in such a manner that exposure of storm water to potential sources of significant pollutant materials is minimized. To accomplish such an operation and maintenance program, the permittee shall develop management controls of storm water/ snow discharges and run off appropriate for the facility and implement such controls. The storm water/ snow management controls shall include at a minimum, the following components:

( 1) A risk identification/ assessment and material inventory which evaluates the potential for various areas of the plant or facility to contribute pollutants to the storm water discharge by exposing the storm water to industrial activity. Such assessment and inventory shall consider factors such as the following:

( a) An inventory of the types of materials handled, the location of material handling activities, and the types of material management activities.

( b) Identification of the toxicity of chemicals utilized at the facility as well as the quantity of such chemicals used, produced or discharged.

( c) A history of significant leaks or spills of pollutants known to have occurred.

( 2) A preventative maintenance program which includes routine inspection and maintenance of storm water management devices.

( 3) A spill prevention and response program which identifies areas where potential spills can occur and their accompanying drainage points, and that minimizes the potential for spills to occur. The program shall include, at a minimum, procedures for the following:

( a) Proper spill response and clean up.

( b) Reporting a spill to the appropriate facility personnel and, if appropriate, local/ state emergency response personnel. Page 22 of 37 Permit No. IN 0058238 ( c) Routine maintenance and inspection of spill response/ cleanup materials and equipment.

( 4) An exposure reduction assessment which identifies the potential to eliminate/ reduce storm water exposure in areas identified above as having a risk of exposing storm water to significant pollutants and appropriate procedures to accomplish such elimination/ reduction.

( a) A schedule for implementing procedures identified in the paragraph above.

( b) Certification that storm water discharges from the site have been evaluated for the presence of non storm water.

3. Aviation Related Activities The Storm Water Pollution Prevention Plan ( SWPPP) shall specifically include:

a. Aircraft, Ground Vehicle and Equipment maintenance, cleaning and storage areas.

b. Airport fueling systems and fueling areas.

c. Management and Control. All areas where aircraft and/ or runway deicing/ anti icing operations are conducted. A narrative consideration of the management practices to control and manage contaminated runoff from areas where deicing/ anti icing operations occur to include structural controls collection systems and treatment alternatives. Page 23 of 37 Permit No. IN 0058238 4. General Requirements General requirements of a SWPPP shall include the following:

a. The plan shall be certified by a qualified professional.

b. The plan shall be retained on site and be available for review by a representative of the commissioner upon request. The plan is not required to be submitted to IDEM for review.

c. The permittee shall submit a progress report to IDEM six ( 6) months after the effective date of the permit and a final report when the plan has been completed and implemented.

d. The permittee shall amend the plan whenever there is a change in design, construction, operation or maintenance at the facility, which may have a significant effect on the potential for the discharge of pollutants to surface waters of the state, or upon written notice by the commissioner that the SWPPP proves to be ineffective in achieving the general objectives of controlling pollutants in storm water discharges associated with industrial activity.

5. Keeping Plans Current The permittee shall amend the plan whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to the waters of the State, or if the storm water pollution prevention plan proves to be ineffective in eliminating or significantly minimizing pollutants from sources identified under Part I. C. 1. and Part I. C. 3. of this permit, or in otherwise achieving the general objectives of controlling pollutants in storm water discharges associated with industrial activity.

D. SCHEDULE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for ammonia ( as N), propylene glycol, and CBOD5 at Outfalls 002 and 004 in accordance with the following schedule: Page 24 of 37 Permit No. IN 0058238 a. The permittee shall submit a written progress report to the Compliance Evaluation Section of the Office of Water Management ( OWM) nine ( 9) months from the effective date of this permit. The progress report shall include a description of the method( s) selected for meeting the newly imposed limitation for ammonia ( as N), propylene glycol, and CBOD5, in addition to any other relevant information. The effluent limits for ammonia ( as N), propylene glycol, and CBOD5 are deferred for the term of this compliance schedule, unless the new effluent limits can be met at an earlier date. The permittee shall notify the Compliance Evaluation Section of the OWM as soon as the newly imposed effluent limits for ammonia ( as N), propylene glycol, and CBOD5 can be met. Upon receipt of such notification by the OWM, the final limits for ammonia ( as N), propylene glycol, and CBOD5 will become effective, but no later than 36 months from the effective date of this permit. Monitoring and reporting of the effluent is required during the interim period.

b. If construction is required to meet the new effluent limits, a construction permit application, including plans and specifications, shall be submitted within fifteen ( 15) months from the effective date of this permit. For information concerning requirements for a construction permit contact the Facility Construction Section of the OWM at ( 317) 232 8645.

c. Initiation of construction, if necessary, shall commence no later than twenty one ( 21) months from the effective date of this permit.

d. The permittee shall submit a subsequent progress report to the Compliance Evaluation Section of the OWM on the aforementioned construction no later than thirty ( 30) months from the effective date of this permit.

e. Construction shall be completed within thirty five ( 35) months from the effective date of this permit. The permittee shall submit a written progress report to the Compliance Evaluation Section of the OWM when construction has been completed.

f. The permittee shall comply with the final effluent limitations for ammonia ( as N), propylene glycol, and CBOD5 no later than thirty six ( 36) months from the effective date of this permit. Page 25 of 37 Permit No. IN 0058238 2. If the permittee fails to meet any of the above actions in the foregoing schedule by more than fourteen ( 14) days, the permittee shall submit a written notice of noncompliance to the Compliance Evaluation Section of the OWM stating the cause of noncompliance, any remedial action taken or planned, and the probability of meeting the remaining terms of the schedule.

E. REOPENING CLAUSE 1. This permit may be modified, or alternately, revoked and reissued, to comply with any applicable effluent limitation or standard issued or approved under section 301( b)( 2)( C), ( D) and ( E), 304( b)( 2), and 307( a)( 2) of the Clean Water Act, if the effluent limitation or standard so issued or approved:

a. contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or b. controls any pollutant not limited in the permit.

2. This permit may be modified, or alternately, revoked and reissued to include appropriate effluent limitations should the effluent testing establish that the discharge causes, has the reasonable potential to cause, or contributes to an excursion above a water quality standard.

3. This permit may be modified, or alternately, revoked and reissued to include appropriate monitoring requirements/ effluent limitations determined necessary through future studies, if the monitoring requirements/ effluent limitations prove more effective in controlling the discharge. Page 26 of 37 Permit No. IN 0058238 PART II STANDARD CONDITIONS FOR NPDES PERMITS FOR INDUSTRIAL FACILITIES A. GENERAL CONDITIONS 1. Duty to Comply The permittee shall comply with all conditions of this permit in accordance with 327 IAC 5 2 8( 1). Any permit noncompliance constitutes a violation of the Clean Water Act and IC 13 and is grounds for enforcement action or for permit termination, revocation and reissuance, or modification, or for denial of a permit renewal application.

2. Penalties for Violations of Permit Conditions Pursuant to IC 13 30, any person who violates a permit condition implementing sections 301, 302, 306, 307, 318, or 405 of the Clean Water Act is subject to a civil penalty not to exceed $ 25,000 per day of such violation. Any person who willfully or negligently violates permit conditions implementing sections 301, 302, 306, 307, or 308 of the Clean Water Act is subject to a fine of not less than $ 2,500 nor more than $ 25,000 per day of violation, or by imprisonment for not more than 1 year, or both. If the conviction is for a violation committed after a first conviction of such person under this provision, punishment shall be a fine of not more than fifty thousand dollars ($ 50,000) per day of violation, or by imprisonment for not more than two ( 2) years, or both.

Except as provided in permit conditions on " Bypass of Treatment Facilities," Part II. B. 2., and " Upset Conditions," Part II. B. 3., nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance.

3. Duty to Mitigate Pursuant to 327 IAC 5 2 8( 3), the permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the permit. Page 27 of 37 Permit No. IN 0058238 4. Permit Actions Pursuant to 327 IAC 5 2 8( 4)( A), this permit may be modified, revoked and reissued, or terminated for cause, including, but not limited to, the following:

a. Violation of any terms or conditions of this permit;

b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge.

The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

5. Duty to Provide Information Pursuant to 327 IAC 5 2 8( 4)( B) and 40 CFR 122.41( h), the permittee shall furnish to the Commissioner, within a reasonable time, any information which the Commissioner may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. Pursuant to 327 IAC 5 2 8( 7)( B), the permittee shall also furnish to the Commissioner, upon request, copies of records required to be kept by this permit.

6. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a renewal of this permit in accordance with 327 IAC 5 2 8( 2). The application should be submitted at least 180 days before the expiration date of this permit. The Commissioner may grant permission to submit an application less than 180 days in advance of the expiration date of this permit but no later than the permit expiration date. Page 28 of 37 Permit No. IN 0058238 7. Transfers In accordance with 327 IAC 5 2 8( 4)( D), this permit is nontransferable to any person except after notice to the Commissioner pursuant to Regulation 327 IAC 5 2 6( c). The Commissioner may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act.

8. Toxic Pollutants Notwithstanding Part II. A. 4., if a toxic effluent standard or prohibition ( including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307( a) of the Clean Water Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be modified or revoked and reissued to conform to the toxic effluent standard or prohibition in accordance with 327 IAC 5 2 8( 5).

9. Containment Facilities When cyanide or cyanogen compounds are used in any of the processes at this facility, the permittee shall provide approved facilities for the containment of any losses of these compounds in accordance with the requirements of Water Pollution Control Board Regulation 327 IAC 2 2 1.

10. Operator Certification The permittee shall have the waste treatment facilities under the supervision of an operator certified by the Commissioner as required by IC 13 18 11 and 327 IAC 8 12 3.

11. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under Section 311 of the Clean Water Act. Page 29 of 37 Permit No. IN 0058238 12. Property Rights The issuance of this permit does not convey any property rights of any sort or any exclusive privileges, nor does it authorize any injury to private property or an invasion of personal rights, nor any infringement of Federal, State, or local laws or regulations as stated in 327 IAC 5 2 8( 6).

13. Severability In accordance with 327 IAC 1 1 3, the provisions of this permit are severable and, if any provision of this permit or the application of any provision of this permit to any circumstance is held invalid, the application or such provision to other circumstances and the remainder of this permit shall not be affected thereby.

14. Inspection and Entry Pursuant to 327 IAC 5 2 8( 7), the permittee shall allow the Commissioner, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to:

a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;

b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

c. Inspect at reasonable times any facilities, equipment ( including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.

15. Construction Permit The permittee shall not construct, install, or modify any water pollution control facility without a valid construction permit issued by the Indiana Department of Environmental Management pursuant to 327 IAC 3 2. Page 30 of 37 Permit No. IN 0058238 B. MANAGEMENT REQUIREMENTS 1. Proper Operation and Maintenance The permittee shall at all times maintain in good working order and efficiently operate all facilities and systems for wastewater collection and treatment which are installed or used by the permittee and which are necessary for achieving compliance with the terms and conditions of this permit in accordance with 327 IAC 5 2 8.

2. Bypass of Treatment Facilities Pursuant to 327 IAC 5 2 8( 11):

a. Bypasses, as defined below, are prohibited, and the commissioner may take enforcement action against a permittee for bypass, unless:

( 1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage, as defined below;

( 2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back up equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance; and ( 3) The permittee submitted notices as required under Part II. B. 2. b.; or ( 4) The condition under Part II. B. 2. d. below is met.

b. The permittee must provide the commissioner with the following notice:

( 1) If the permittee knows or should have known in advance of the need for a bypass ( anticipated bypass), it shall submit prior written notice. If possible, such notice shall be provided at least ten days before the date of the bypass for approval by the commissioner. Page 31 of 37 Permit No. IN 0058238 ( 2) The permittee shall orally report an unanticipated bypass within 24 hours of becoming aware of the bypass event. The permittee must also provide a written report within five ( 5) days of the time the permittee becomes aware of the bypass event. The written report must contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times; if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent recurrence of the event.

c. The commissioner may approve an anticipated bypass, after considering its adverse effects, if the commissioner determines that it will meet the three conditions listed above in Part II. B. 2. a. The commissioner may impose any conditions determine to be necessary to minimize any adverse effects.

d. The permittee may allow any bypass to occur that does not cause a violation of the effluent limitations in the permit, but only if it also is for essential maintenance to assure efficient operation. This provision will be strictly construed. These bypasses are not subject to the provisions of Part II. B. 2. a. and b.

e. " Bypass" means the intentional diversion of a waste stream from any portion of a treatment facility.

f. " Severe property damage" means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

3. Upset Conditions Pursuant to 327 IAC 5 2 8( 12): Page 32 of 37 Permit No. IN 0058238 a. " Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

b. An upset shall constitute an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of Paragraph c of this section, are met.

c. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence, that:

( 1) An upset occurred and the permittee has identified the specific cause( s) of the upset, if possible;

( 2) The permitted facility was at the time being operated in compliance with proper operation and maintenance procedures; and ( 3) The permittee complied with any remedial measures required under Part II. A. 3.

d. The permittee shall orally report an upset within 24 hours of becoming aware of the event. The permittee must also provide a written report within five ( 5) days of the time the permittee becomes aware of the event. The written report must contain a description of the upset and its cause; the period of upset, including exact dates and times; it the upset has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent recurrence of the event.

4. Removed Substances Solids, sludges, filter backwash, or other pollutants removed from or resulting from treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering navigable waters and to be in compliance with all Indiana statutes and regulations relative to liquid and/ or solid waste disposal. Page 33 of 37 Permit No. IN 0058238 C. REPORTING REQUIREMENTS 1. Planned Changes in Facility or Discharge Pursuant to 327 IAC 5 2 8( 10)( F), any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by advance notice to the Commissioner of such changes. Following such notice, the permit may be modified to revise existing pollutant limitations and/ or to specify and limit any pollutants not previously limited.

2. Monitoring Reports Pursuant to 327 IAC 5 2 8( 9) and 327 IAC 5 2 13, monitoring results shall be reported at the intervals and in the form specified in Part I. B. 2.

3. Compliance Schedules Reports of compliance or noncompliance with interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date. Any reports of noncompliance shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement.

4. Twenty Four Hour Reporting Pursuant to 327 IAC 5 2 8( 10)( C), the permittee shall orally report to the Commissioner information on the following types of noncompliance within 24 hours from the time the permittee becomes aware of such noncompliance:

a. Any unanticipated bypass which exceeds any effluent limitation in the permit;

b. Any noncompliance that may pose a significant danger to human health or the environment. Reports under this item shall be made as soon as the permittee becomes aware of the noncomplying circumstances.

c. Any upset that causes an exceedance of any effluent limitation in the permit; and Page 34 of 37 Permit No. IN 0058238 d. Violation of a maximum daily discharge limitation for any of the following pollutants:

Propylene Glycol and Ammonia ( as N)

The permittee can make the oral reports by calling ( 317) 232 8795 during regular business hours or by calling ( 317) 233 7745 (( 888) 233 7745 toll free in Indiana) during non business hours. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce and eliminate the noncompliance and prevent its recurrence. The Commissioner may waive the written report on a case by case basis if the oral report has been received within 24 hours. Alternatively the permittee may submit a " Bypass Fax Report" to IDEM at ( 317) 232 8637. If a complete fax submittal is sent within 24 hours of the time that the permittee became aware of the occurrence, the fax report will satisfy both the oral and written reporting requirements.

5. Other Noncompliance Pursuant to 327 IAC 5 2 8( 10)( D), the permittee shall report any instance of noncompliance not reported under Part II. C. 3. or Part II. C. 4., at the time the pertinent Discharge Monitoring Report is submitted. The report shall contain the information specified in Part II. C. 4.

6. Other Information Pursuant to 327 IAC 5 2 8( 10)( E), where the permittee becomes aware of a failure to submit any relevant facts or submitted incorrect information in a permit application or in any report, the permittee shall promptly submit such facts or corrected information to the Commissioner.

7. Changes in Discharge of Toxic Substances Pursuant to 327 IAC 5 2 9, the permittee shall notify the Commissioner as soon as it knows or has reason to believe: Page 35 of 37 Permit No. IN 0058238 a. That any activity has occurred or will occur which would result in the discharge of any pollutant identified as toxic, pursuant to Section 307( a) of the Clean Water Act which is not limited in the permit, if that discharge will exceed the highest of the following " notification levels."

( 1) One hundred micrograms per liter ( 100 ug/ l);

( 2) Two hundred micrograms per liter ( 200 ug/ l) for acrolein and acrylonitrile; five hundred micrograms per liter ( 500 ug/ l) for 2,4 dinitrophenol and for 2 methyl 4,5 dinitrophenol; and one milligram per liter ( 1 mg/ l) for antimony;

( 3) Five ( 5) times the maximum concentration value reported for that pollutant in the permit application in accordance with 40 CFR 122.21( g)( 7); or ( 4) A notification level established by the Commissioner on a caseby case basis, either at his own initiative or upon a petition by the permittee. This notification level may exceed that levels specified in subdivisions ( 1), ( 2), or ( 3) but may not exceed the level which can be achieved by the technology based treatment requirements applicable to the permittee under the CWA ( see 327 IAC 5 5 2).

b. That it has begun or expects to begin to use or manufacture, as an intermediate or final product or byproduct, any toxic pollutant which was not reported in the permit application under 40 CFR 122.21( g)( 9).

8. Signatory Requirements Pursuant to 327 IAC 5 2 22 and 327 IAC 5 2 8( 14):

a. All reports required by the permit and other information requested by the Commissioner shall be signed and certified by a person described below or by a duly authorized representative of that person: Page 36 of 37 Permit No. IN 0058238 ( 1) For a corporation: by a principal executive defined as a president, secretary, treasurer, any vice president of the corporation in charge of a principal business function, or any other person who performs similar policy making functions for the corporation or the manager of one or more manufacturing, production, or operating facilities employing more than two hundred fifty ( 250) persons or having gross annual sales or expenditures exceeding twenty five million dollars ( 25,000,000) ( in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

( 2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or ( 3) For a Federal, State, or local governmental body or any agency or political subdivision thereof: by either a principal executive officer or ranking elected official.

b. A person is a duly authorized representative only if:

( 1) The authorization is made in writing by a person described above.

( 2) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility. ( A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and ( 3) The authorization is submitted to the Commissioner.

c. Certification. Any person signing a document identified under Part II. C. 8., shall make the following certification: Page 37 of 37 Permit No. IN 0058238 " I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

9. Availability of Reports Except for data determined to be confidential under Water Pollution Control Board Regulation 327 IAC 12, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Indiana Department of Environmental Management and the Regional Administrator. As required by the Clean Water Act, permit applications, permits, and effluent data shall not be considered confidential.

10. Penalties for Falsification of Reports IC 13 30 and 327 IAC 5 2 8( 14) provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance, shall, upon conviction, be punished by a fine or not more than $ 10,000 per violation, or by imprisonment for not more than 6 months per violation, or by both.


[Federal Register: December 19, 2006 (Volume 71, Number 243)]
[Notices]
[Page 75958]
[DOCID:fr19de06-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-51-001]

Distrigas of Massachusetts LLC; Notice of Compliance Filing

December 12, 2006.
    Take notice that on December 8, 2006, Distrigas of Massachusetts
LLC (DOMAC) tendered for filing as part of its FERC Gas Tariff, First
Revised Volume No. 1, Substitute Twenty-Second Revised Sheet No. 94, to
become effective as of December 1, 2006.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed in accordance with the provisions of Section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC. 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-21549 Filed 12-18-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Notices]
[Pages 63940-63942]
[FR Doc No: 2019-24972]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87518; File No. SR-NYSENAT-2019-26]

Self-Regulatory Organizations; NYSE National, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to Amend
Rule 7.31 to Delete Cross Orders

November 13, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 1, 2019, NYSE National, Inc. (``NYSE National'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 7.31 (Orders and Modifiers) to
delete Cross Orders from its rules and make other conforming changes.
The proposed rule change is available on the Exchange's website at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to amend the Exchange's
rules to delete Cross Orders.
    As defined in Rule 7.31(g), a Cross Order is a two-sided order with
instructions to match the identified buy-side with the identified sell-
side at a specified price (the ``cross price''). The Exchange offers
one type of Cross Order, the Limit IOC Cross Order. As defined in Rule
7.31(g)(1), a Limit IOC Cross Order is a Cross Order that must trade in
full at its cross price, will not route, and will cancel at the time of
order entry if the cross price is not between the BBO or would trade
through the PBBO.
    Due to a lack of demand for Cross Orders, the Exchange proposes to
discontinue supporting Cross Orders. Specifically, in the last three
months,

the Exchange has not received any Cross Orders. Accordingly, the
Exchange proposes to delete the definition of Cross Order from Rule
7.31(g), as well as the references to Cross Orders in Rules 7.10(e)(1),
7.11(a)(5)(E), 7.16(f)(5)(H), 7.34(c)(1)(C), and 7.34(c)(2)(C). The
Exchange proposes to designate Rules 7.31(g), 7.11(a)(5)(E), and
7.16(f)(5)(H) as Reserved and proposes to revise Rules 7.10(e)(1),
7.34(c)(1)(C), and 7.34(c)(2)(C) to delete the references to Cross
Orders. Subject to effectiveness of this proposed rule change, the
Exchange will announce the implementation date of these changes through
a Trader Update, which the Exchange anticipates will be in November
2019.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the requirements of Section 6(b) of the Act,\3\ in general, and Section
6(b)(5) of the Act,\4\ in particular, in that it is designed to remove
impediments to and perfect the mechanism of a free and open market, to
promote just and equitable principles of trade, and, in general, to
protect investors and the public interest. Specifically, the Exchange
believes that the proposed rule change would remove impediments to and
perfect the mechanisms of a free and open market by eliminating a
little-used order type and improving the clarity of the Exchange's
rules. The Exchange further believes that deleting an order type rarely
used by investors also removes impediments to and perfects the
mechanism of a free and open market by facilitating market
participants' navigation of the Exchange's rulebook and improving their
ability to understand the order types available for trading on the
Exchange. Moreover, the Exchange believes that the elimination of Cross
Orders will simplify order processing and reduce the burden on system
capacity, which the Exchange believes is consistent with promoting just
and equitable principles of trade, as well as the protection of
investors and the public interest.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Specifically, the Exchange
believes that the proposed rule change would relieve a burden on
competition by making the Exchange's rules easier to navigate and
promoting regulatory clarity through the elimination of a seldom-used
order type.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \5\ and Rule 19b-4(f)(6) thereunder.\6\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\
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    \5\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \6\ 17 CFR 240.19b-4(f)(6).
    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \9\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\10\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately. The Exchange states that
the proposed rule change would not significantly affect the protection
of investors or the public interest because it serves only to remove a
rarely-used order type from the Exchange's rules, the elimination of
which will streamline order processing and reduce the burden on system
capacity at the Exchange. The Exchange also states that the proposed
rule change would not impose any significant burden on competition
because simplifying the Exchange's rules by removing a little-used
order type would promote regulatory clarity and transparency, ensuring
that market participants can more readily identify the order types
available for trading on the Exchange. The Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest because the proposed rule change
would promote clarity in the Exchange's rules and help eliminate
potential investor confusion. For these reasons, the Commission hereby
waives the 30-day operative delay and designates the proposal operative
upon filing.\11\
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    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSENAT-2019-26 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSENAT-2019-26. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/

rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for website
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE, Washington, DC 20549 on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSENAT-2019-26, and should
be submitted on or before December 10, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12), (59).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-24972 Filed 11-18-19; 8:45 am]
 BILLING CODE 8011-01-P