[Federal Register: May 26, 2010 (Volume 75, Number 101)]
[Proposed Rules]
[Page 29475-29479]
[DOCID:fr26my10-16]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2010-0327; FRL-8826-2]

Maneb; Proposed Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to revoke all the tolerances for the
fungicide maneb because the Agency has approved requests for voluntary
cancellation by registrants of the last registrations for the food uses
of maneb in the United States.

DATES: Comments must be received on or before July 26, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0327, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2010-0327. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave, NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Unit II.A. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1.  Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.

    viii. Make sure to submit your comments by the comment period
deadline identified.

C. What Can I do if I Wish the Agency to Maintain a Tolerance that the
Agency Proposes to Revoke?

    This proposed rule provides a comment period of 60 days for any
person to state an interest in retaining a tolerance proposed for
revocation. If EPA receives a comment within the 60-day period to that
effect, EPA will not proceed to revoke the tolerance immediately.
However, EPA will take steps to ensure the submission of any needed
supporting data and will issue an order in the Federal Register under
section 408(f) of the Federal Food, Drug, and Cosmetic Act (FFDCA), if
needed. The order would specify data needed and the timeframes for its
submission, and would require that within 90 days some person or
persons notify EPA that they will submit the data. If the data are not
submitted as required in the order, EPA will take appropriate action
under FFDCA.
    EPA issues a final rule after considering comments that are
submitted in response to this proposed rule. In addition to submitting
comments in response to this proposal, you may also submit an objection
at the time of the final rule. If you fail to file an objection to the
final rule within the time period specified, you will have waived the
right to raise any issues resolved in the final rule. After the
specified time, issues resolved in the final rule cannot be raised
again in any subsequent proceedings.

II. Background

A. What Action is the Agency Taking?

    EPA is proposing to revoke all the tolerances for residues of the
fungicide maneb, manganous ethylenebisdithiocarbamate, because the
Agency has approved requests for voluntary cancellation by registrants
of the last registrations for food uses of maneb in the United States.
These tolerances are associated with food uses that are no longer
registered under the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), and therefore are no longer needed. It is EPA's general
practice to propose revocation of those tolerances/tolerance exemptions
for residues of pesticide active ingredients on crop uses for which
there are no active registrations under FIFRA, unless any person
submits comments on the proposal that indicate a need for the tolerance
to cover residues in or on imported commodities or legally treated
domestic commodities.
    EPA completed a Reregistration Eligibility Decision (RED) for maneb
in 2005, which included a tolerance reassessment summary for maneb. As
part of the tolerance reassessment, the Agency recommended specific
changes to the tolerance definition for maneb, changes to tolerance
values, tolerances to be revoked, and new tolerances to be proposed to
be established. EPA also reviewed any Codex Alimentarius maximum
residue limits (MRLs) for maneb. Because Codex has no established MRLs
for maneb per se, but groups MRLs for maneb with MRLs for
dithiocarbamate pesticides expressed in terms of parts per million
(ppm) carbon disulfide, EPA recommended harmonizing with Codex by
changing the tolerance definition for maneb, so that it is expressed in
terms of carbon disulfide.
    In the maneb RED, the Agency recommended revocation of certain
maneb tolerances which still exist in 40 CFR 180.110(a). Maneb use on
certain crops was disallowed by EPA, as announced in a notice published
in the Federal Register of March 2, 1992 (57 FR 7484) (FRL-4045-8). In
that notice, the Agency announced its conclusion of Special Review
(PD4) regarding ethylene bisdithiocarbamate (EBDC) fungicides,
including maneb, and its intent to cancel any EBDC product
registrations bearing food uses that included, among others, apricots,
succulent beans, carrots, celery, nectarines, and peaches. There have
been no U.S. registrations for maneb use on apricots, succulent beans,
nectarines, and peaches since 1992, and no U.S. registrations for maneb
use on carrots and celery since 1994. Therefore, the maneb tolerances
on these commodities are no longer needed and should be revoked.
Consequently, EPA is proposing to revoke the tolerances in 40 CFR
180.110(a) for maneb residues of concern in or on apricot; bean,
succulent; carrot, roots; celery; nectarine; and peach.
    Subsequent to the RED, all maneb technical and end-use registrants
chose to request voluntary cancellation of all U.S. registrations for
maneb technical grade active ingredient and end-use maneb products.
Registrants submitted their voluntary requests for cancellation of
their maneb technical and product registrations to EPA in accordance
with section 6(f) of FIFRA, and the Agency published notices of their
receipt and subsequent cancellation orders in the Federal Register,
which are summarized herein.
    In a Federal Register notice of September 12, 2008 (73 FR 53007)
(FRL-8380-7), EPA announced receipt of a request from United
Phosphorous Inc. to voluntarily cancel all of its maneb registrations.
EPA accepted this request and published a cancellation order, for all
United Phosphorous maneb products, in a Federal Register notice of
August 26, 2009 (74 FR 43124)(FRL-8429-6), effective on August 26,
2009. Under conditions of the cancellation order, United Phosphorous
Inc. was permitted to sell and distribute existing stocks of the
canceled maneb products until December 31, 2009. Also, this order
permitted persons other than the registrant to sell and distribute
existing stocks of the canceled maneb products until supplies were
exhausted and formulate end use products until March 2010.
    In a Federal Register notice of January 6, 2010 (75 FR 860) (FRL-
8806-3), EPA announced the Agency's receipt of a request from Drexel
Chemical Company to voluntarily cancel its technical registration for
maneb and thereby terminate the last maneb technical product registered
in the United States (EPA Reg. No. 19713-377). After the close of the
30-day comment period, EPA approved cancellation of this last maneb
technical product, and issued a cancellation order in the Federal
Register notice of February 24, 2010 (75 FR 8340) (FRL-8813-9),
effective on February 24, 2010. Under conditions of the cancellation
order, Drexel Chemical Company was permitted to sell and distribute
existing stocks of the canceled maneb technical product until February
26, 2010 and formulate end-use products until March 10, 2010. Also,
this order permitted persons other than the registrants to use the
maneb end-use products until supplies are exhausted.
    In another Federal Register notice of January 6, 2010 (75 FR 869)
(FRL-8806-2), EPA announced the Agency's receipt of request from Drexel
Chemical Company to voluntarily cancel its last maneb registrations.
After the close of the 30-day comment period, EPA approved cancellation
of the registrations, and issued a cancellation order in a Federal
Register notice of February 26, 2010 (75 FR 8942) (FRL-8813-6),
effective February 26, 2010. Under conditions of the cancellation
order, Drexel Chemical Company was permitted to sell and distribute
existing stocks of the canceled maneb products until supplies are
exhausted. Also, this order permitted persons other than the
registrants to sell, distribute, and use existing stocks of the
canceled maneb products until supplies are exhausted.
    Also, in a Federal Register notice of March 4, 2010 (75 FR 9896)
(FRL-8813-5), EPA announced the Agency's receipt

of requests from DuPont Crop Protection to voluntarily cancel their
maneb product registration (EPA Reg. No. 352-655), the last maneb
product registered for use in the United States, thereby terminating
the last maneb food uses in the United States. After the close of the
30-day comment period, EPA approved cancellation of this product
registration and issued a cancellation order in the Federal Register of
April 16, 2010 (75 FR 19967) (FRL-8822-2), effective on April 16, 2010.
Under conditions of the cancellation order, DuPont Crop Protection was
permitted to sell and distribute existing stocks of the canceled maneb
product until supplies are exhausted. Also, this order permitted
persons other than the registrants to sell, distribute, and use
existing stocks of the canceled maneb product until supplies are
exhausted.
    In the time since the last cancellation order, the Agency has
received information from the registrants that significant levels of
existing stocks of the canceled maneb products are unlikely. Therefore,
the Agency believes that end users have had sufficient time to exhaust
those existing stocks and for maneb treated commodities to have cleared
the channels of trade. The termination of the last food uses means that
the tolerances will no longer be needed and should be revoked.
Consequently, EPA is proposing to revoke the tolerances in 40 CFR
180.110(a) on almond; apple; banana (not more than 0.5 part per million
shall be in the pulp after peel is removed and discarded (preharvest
application only)); bean, dry, seed; beet, sugar, tops; broccoli;
Brussels sprouts; cabbage; cabbage, Chinese, bok choy; cabbage,
Chinese, napa; cauliflower; collards; corn, sweet, kernel plus cob with
husks removed; cranberry; cucumber; eggplant; endive; fig; grape; kale;
kohlrabi; lettuce; melon; mustard greens; onion; papaya; pepper;
potato; pumpkin; squash, summer; squash, winter; tomato; turnip,
greens; and turnip, roots. EPA is proposing that these revocations
become effective on the date of publication of the final rule for maneb
in the Federal Register.
    Because the time-limited tolerance associated with the use of maneb
under a FIFRA section 18 emergency exemption for combined maneb
residues of concern in or on walnut expired on December 31, 2009, it
should be removed. Therefore, EPA is proposing to remove the expired
tolerance in 40 CFR 180.110(b) on walnut.

B. What is the Agency's Authority for Taking this Action?

    A ``tolerance'' represents the maximum level for residues of
pesticide chemicals legally allowed in or on raw agricultural
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 346a,
as amended by Food Quality Protection Act (FQPA) of 1996, Public Law
104-170, authorizes the establishment of tolerances, exemptions from
tolerance requirements, modifications in tolerances, and revocation of
tolerances for residues of pesticide chemicals in or on raw
agricultural commodities and processed foods. Without a tolerance or
exemption, food containing pesticide residues is considered to be
unsafe and therefore ``adulterated'' under section 402(a) of FFDCA, 21
U.S.C. 342(a). Such food may not be distributed in interstate commerce
(21 U.S.C. 331(a)). For a food-use pesticide to be sold and
distributed, the pesticide must not only have appropriate tolerances
under the FFDCA, but also must be registered under FIFRA (7 U.S.C. 136
et seq.). Food-use pesticides not registered in the United States must
have tolerances in order for commodities treated with those pesticides
to be imported into the United States.
    EPA's general practice is to propose revocation of tolerances/
tolerance exemptions for residues of pesticide active ingredients on
crops for which FIFRA registrations no longer exist and on which the
pesticide may therefore no longer be used in the United States. EPA has
historically been concerned that retention of tolerances that are not
necessary to cover residues in or on legally treated foods may
encourage misuse of pesticides within the United States. Nonetheless,
EPA will establish and maintain tolerances even when corresponding
domestic uses are canceled if the tolerances, which EPA refers to as
``import tolerances,'' are necessary to allow importation into the
United States of food containing such pesticide residues. However,
where there are no imported commodities that require these import
tolerances, the Agency believes it is appropriate to revoke tolerances
for unregistered pesticides in order to prevent potential misuse.
    Furthermore, as a general matter, the Agency believes that
retention of import tolerances not needed to cover any imported food
may result in unnecessary restriction on trade of pesticides and foods.
Under section 408 of FFDCA, a tolerance/tolerance exemption may only be
established or maintained if EPA determines that the tolerance is safe
based on a number of factors, including an assessment of the aggregate
exposure to the pesticide and an assessment of the cumulative effects
of such pesticide and other substances that have a common mechanism of
toxicity. In doing so, EPA must consider potential contributions to
such exposure from all tolerances. If the cumulative risk is such that
the tolerances in aggregate are not safe, then every one of these
tolerances is potentially vulnerable to revocation. Furthermore, if
unneeded tolerances are included in the aggregate and cumulative risk
assessments, the estimated exposure to the pesticide would be inflated.
Consequently, it may be more difficult for others to obtain needed
tolerances or to register needed new uses. To avoid potential trade
restrictions, the Agency is proposing to revoke tolerances/tolerance
exemptions for residues on crops uses for which FIFRA registrations no
longer exist, unless someone expresses a need for such tolerances/
tolerance exemptions. Through this proposed rule, the Agency is
inviting individuals who need these import tolerances to identify
themselves and the tolerances that are needed to cover imported
commodities.
    Parties interested in retention of the tolerances/tolerance
exemptions should be aware that additional data may be needed to
support retention. These parties should be aware that, under section
408(f) of FFDCA, if the Agency determines that additional information
is reasonably required to support the continuation of a tolerance, EPA
may require that parties interested in maintaining the tolerances
provide the necessary information. If the requisite information is not
submitted, EPA may issue an order revoking the tolerance/tolerance
exemption at issue.

C. When Do These Actions Become Effective?

    EPA is proposing that revocation of these maneb tolerances and
removal of the expired maneb tolerance become effective on the date of
publication of the final rule in the Federal Register. Most of the
maneb tolerances proposed for revocation in this document are
associated with uses that have been canceled in 2010. However, the
available information on recently canceled maneb products indicates
that significant levels of existing stocks are unlikely. Therefore, the
Agency believes that existing stocks of maneb products labeled for uses
associated with tolerances proposed for revocation have been completely
exhausted and that maneb treated commodities have had sufficient time
for passage through the

channels of trade. However, if EPA is presented with information that
existing stocks would still be available and that information is
verified, the Agency will consider that information prior to moving
forward with tolerance revocation. If you have comments regarding
existing stocks and whether the effective date allows sufficient time
for treated commodities to clear the channels of trade, please submit
comments as described under SUPPLEMENTARY INFORMATION.
    Any commodities listed in this proposal treated with the pesticides
subject to this proposal, and in the channels of trade following the
tolerance revocations, shall be subject to section 408(l)(5) of FFDCA,
as established by FQPA. Under this unit, any residues of these
pesticides in or on such food shall not render the food adulterated so
long as it is shown to the satisfaction of the Food and Drug
Administration that:
    1. The residue is present as the result of an application or use of
the pesticide at a time and in a manner that was lawful under FIFRA,
and
    2. The residue does not exceed the level that was authorized at the
time of the application or use to be present on the food under a
tolerance or exemption from tolerance. Evidence to show that food was
lawfully treated may include records that verify the dates when the
pesticide was applied to such food.

III. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by section
408(b)(4) of FFDCA. The Codex Alimentarius is a joint U.N. Food and
Agriculture Organization/World Health Organization food standards
program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, section 408(b)(4) of FFDCA requires that EPA
explain the reasons for departing from the Codex level.
    The Codex has not established a MRL for maneb per se.

IV. Statutory and Executive Order Reviews

    In this proposed rule, EPA is proposing to revoke specific
tolerances established under section 408 of FFDCA. The Office of
Management and Budget (OMB) has exempted this type of action (e.g.,
tolerance revocation for which extraordinary circumstances do not
exist) from review under Executive Order 12866, entitled Regulatory
Planning and Review (58 FR 51735, October 4, 1993). Because this
proposed rule has been exempted from review under Executive Order 12866
due to its lack of significance, this proposed rule is not subject to
Executive Order 13211, entitled Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001). This proposed rule does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or
contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor
does it require any special considerations as required by Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994); or OMB review or any other Agency action under
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997). This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note). Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601
et seq.), the Agency previously assessed whether revocations of
tolerances might significantly impact a substantial number of small
entities and concluded that, as a general matter, these actions do not
impose a significant economic impact on a substantial number of small
entities. This analysis was published on December 17, 1997 (62 FR
66020) (FRL-5753-1), and was provided to the Chief Counsel for Advocacy
of the Small Business Administration. Taking into account this
analysis, and available information concerning the pesticides listed in
this proposed rule, the Agency hereby certifies that this proposed rule
will not have a significant negative economic impact on a substantial
number of small entities. In a memorandum dated May 25, 2001, EPA
determined that eight conditions must all be satisfied in order for an
import tolerance or tolerance exemption revocation to adversely affect
a significant number of small entity importers, and that there is a
negligible joint probability of all eight conditions holding
simultaneously with respect to any particular revocation. (This Agency
document is available in the docket of this proposed rule).
Furthermore, for the pesticide named in this proposed rule, the Agency
knows of no extraordinary circumstances that exist as to the present
proposal that would change the EPA's previous analysis. Any comments
about the Agency's determination should be submitted to the EPA along
with comments on the proposal, and will be addressed prior to issuing a
final rule. In addition, the Agency has determined that this action
will not have a substantial direct effect on 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, as specified in Executive Order 13132, entitled Federalism
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects 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.'' This proposed rule directly regulates growers, food
processors, food handlers, and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. For these same reasons, the Agency has
determined that this proposed rule does not have any ``tribal
implications'' as described in Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 9, 2000). Executive Order 13175, requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by tribal officials in the development of regulatory policies that have
tribal implications.'' ``Policies that have tribal implications'' is
defined in the Executive order to include regulations that have
``substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and the Indian tribes, or
on

the distribution of power and responsibilities between the Federal
Government and Indian tribes.'' This proposed rule will not have
substantial direct effects on tribal governments, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this proposed rule.

List of Subjects in 40 CFR Part 180

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

    Dated: May 14, 2010.
Steven Bradbury,
Acting Director, Office of Pesticide Programs.
    Therefore, it is proposed that 40 CFR chapter I be amended as
follows:

PART 180--[AMENDED]

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

    Authority: 21 U.S.C. 321(q), 346a and 371.

Sec.  180.110  [Removed]

    2. Section 180.110 is removed.
[FR Doc. 2010-12376 Filed 5-25-10; 8:45 am]
BILLING CODE 6560-50-S


WPDES Permit No. WI 0048747 02 0 WPDES PERMIT STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES PERMIT TO DISCHARGE UNDER THE WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM Dane County Regional Airport is permitted, under the authority of Chapter 283, Wisconsin Statutes, to discharge from a facility located at 4000 International Lane Madison, Wisconsin 53704 3120 to West Branch of Starkweather Creek in accordance with the effluent limitations, monitoring requirements and other conditions set forth in this permit.

The permittee shall not discharge after the date of expiration. If the permittee wishes to continue to discharge after this expiration date an application shall be filed for reissuance of this permit, according to Chapter NR 200, Wis. Adm. Code, at least 180 days prior to the expiration date given below.

State of Wisconsin Department of Natural Resources For the Secretary By _________________________ Al Shea Director, Bureau of Watershed Management _________________________ Date of Signature PERMIT EFFECTIVE DATE: December 01, 2001 EXPIRATION DATE: September 30, 2006 WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport TABLE OF CONTENTS 1 AIRPORT CO PERMITTEES 1 1.1 TENANT COVERAGE 1 1.2 CO PERMITTEE LIST 1 1.3 CHANGE IN AIRPORT TENANT STATUS 1 2 APPLICABILITY 3 2.1 PERMITTED AREA 3 2.2 AUTHORIZED DISCHARGES 3 2.3 WATER QUALITY STANDARDS 3 2.4 MAXIMUM EXTENT PRACTICABLE 3 2.5 PROGRAM RESOURCES 3 2.6 INDIVIDUAL RESPONSIBILITIES 3 2.7 JOINT RESPONSIBILITIES 4 2.8 NON CO PERMITTEES 4 3 AUTHORIZED DISCHARGES 5 3.1 STORM WATER DISCHARGES 5 3.2 PROCESS AND NON PROCESS WASTEWATER DISCHARGES 5 3.3 NON STORM WATER DISCHARGES 5 3.4 EXCLUSIONS 5 4 STORM WATER POLLUTION PREVENTION PLAN 7 5 IN PLANT REQUIREMENTS 8 5.1 SAMPLING POINT( S) 8 5.2 MONITORING REQUIREMENTS AND LIMITATIONS 8 5.2.1 Sampling Point 101  Oil and Water Separator 8 5.2.2 Applicability 8 5.2.3 Operating Requirements 8 5.2.4 Effluent Limitations and Monitoring Requirements 9 6 SURFACE WATER REQUIREMENTS 10 6.1 SAMPLING POINT( S) 10 6.2 MONITORING REQUIREMENTS AND EFFLUENT LIMITATIONS 10 6.2.1 Sampling Point ( Outfall) 001  Glycol Retention Pond 10 6.2.2 Sampling Point ( Outfall) 601  Stream Monitoring 11 6.2.3 Glycol Retention Pond Discharge 11 6.2.4 Sampling Point ( Outfall) 003 , 022  Storm Sewers 13 6.2.5 Sampling Point ( Outfall) 602 and 603  Upstream / Downstream 13 6.2.6 Monitoring Special Conditions  Storm Sewers and Starkweather Creek 13 6.2.7 Storm Water Discharge Requirements 16 7 GROUNDWATER REQUIREMENTS 18 7.1 MONITORING REQUIREMENTS AND LIMITATIONS 18 7.1.1 Groundwater Monitoring System for Gylcol Retention Pond 18 8 SCHEDULES OF COMPLIANCE 19 8.1 ANNUAL INSPECTION 19 8.2 ANNUAL REPORT 19 8.2.1 Purpose 19 8.2.2 Certification 19 8.2.3 Contents 19 WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 9 STANDARD REQUIREMENTS 20 9.1 REPORTING AND MONITORING REQUIREMENTS 20 9.1.1 Monitoring Results 20 9.1.2 Sampling and Testing Procedures 20 9.1.3 Recording of Results 20 9.1.4 Reporting of Monitoring Results 20 9.1.5 Records Retention 21 9.1.6 Other Information 21 9.2 SYSTEM OPERATING REQUIREMENTS 21 9.2.1 Noncompliance Notification 21 9.2.2 Unscheduled Bypassing 22 9.2.3 Scheduled Bypassing 22 9.2.4 Proper Operation and Maintenance 22 9.2.5 Spill Reporting 23 9.2.6 Planned Changes 23 9.2.7 Duty to Halt or Reduce Activity 23 9.3 SURFACE WATER REQUIREMENTS 23 9.3.1 Permittee Determined Limit of Quantitation Incorporated into this Permit 23 9.3.2 Appropriate Formulas for Effluent Calculations 23 9.3.3 Visible Foam or Floating Solids 23 9.4 GROUNDWATER STANDARD REQUIREMENTS 24 9.4.1 NR 140, Wis. Adm. Code 24 9.4.2 Groundwater Sampling 24 9.4.3 Indicator Parameter  Preventive Action Limits 24 9.4.4 Groundwater Monitoring Forms 24 9.4.5 Appropriate Formulas for Groundwater 24 9.4.6 Reporting Depth to Groundwater 24 9.4.7 Groundwater Elevation 24 9.4.8 Groundwater Grab Samples 24 9.4.9 Filtering of Groundwater Samples 25 9.4.10 Groundwater Data Log 25 9.4.11 Notification of Attaining or Exceeding Groundwater Quality Standards 25 10 SUMMARY OF REPORTS DUE 26 WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 1 1 Airport Co Permittees 1.1 Tenant Coverage Airport tenants with industrial activities associated with commercial air transportation at Dane County Regional Airport, may be co permittees with Dane County, and be regulated under this permit. The airport co permittee list is subject to change according to Section 1.3. A tenant must be permitted if they meet the following two permitting criteria: 1. The owner or operator is in the air transportation business with a Standard Industrial Classification code of 4512, 4513, 1522, or 4581. and 2. The tenant is involved in maintenance, fueling, cleaning, or de icing.

1.2 Co Permittee List The following airport tenants have filed a certification with the Department to become a co permittee under this permit:

CARGO CARRIERS: Airborne Express Federal Express COMMERCIAL AIRLINES: Air Wisconsin American Eagle Airlines Chicago Express COMAIR Continental Express Midwest Express Airlines Northwest Airlines Trans States Airlines OTHER: State of Wisconsin Dept. of Administration  Wisconsin Air Services Wisconsin Air National Guard 115th Fighter Wing Wisconsin Army National Guard Wisconsin Aviation Note: Dane County and the airport tenants identified in the above list will be referred to as the co permittees. Reference in the permit to permittee means co permittee.

1.3 Change in Airport Tenant Status Dane County shall promptly notify the Department when it becomes aware of a change in tenant status which could require a tenant to become a co permittee ( or otherwise obtain an individual permit) or to be deleted from the copermittee list, by submitting information about the change to the Department. If the tenant desires to become a copermittee instead of obtaining an individual permit, the Department shall modify the permit ( without a notice as allowed under s. 283.53( 2d)( d), Wis. Stats) by issuing a new airport co permittee list which identifies the tenants covered under the Dane County Regional Airport WPDES permit. Tenants required to be permitted under ( a) or ( b) below shall submit to the Department, through Dane County, a written agreement that specifies the date the new copermittee assumes responsibility for compliance with the permit and liability for violations of the permit. WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 2 The following situations require a revision to the airport tenant list:

( a) A new tenant who begins operating at the airport, and meets the permitting criteria, shall be added to the airport co permittee list unless the tenant elects to obtain an individual permit.

( b) An existing tenant not previously identified on the airport co permittee list, who meets the permitting criteria, shall be added to the airport co permittee list unless the tenant elects to obtain an individual permit.

( c) A co permittee, who changes their name from what is currently on the airport co permittee list, shall have their name corrected on the airport co permittee list.

( d) A co permittee, who discontinues their activities and no longer operates at the airport, shall be removed from the airport co permittee list.

( e) A tenant identified on the airport co permittee list, who no longer meets the permitting criteria, shall be removed from the airport co permittee list.

Note: Refer to the airport co permittee list for the criteria that requires a tenant to be permitted. WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 3 2 Applicability 2.1 Permitted Area This permit covers areas at Dane County Regional Airport within the jurisdiction of Dane County, contributing to discharges from the airport's separate storm sewer system. Separate storm sewer system means a conveyance or system of conveyances including storm sewers, roads with drainage systems, roadways, catch basins, curbs, gutters, ditches, constructed channels or storm drains. Upstream off site flows into the separate storm sewer system from outside the permitted area are excluded from coverage under this permit and are not the responsibility of the copermittees See Section 3.4 for exclusions from coverage under this permit.

2.2 Authorized Discharges This permit authorizes storm water point source discharges to waters of the State from the separate storm sewer system in the permitted area. This permit also authorizes the discharge of storm water commingled with flows contributed by process wastewater, non process wastewater, and storm water associated with industrial activity, provided such discharges are regulated under this or other WPDES permits or are not significant sources of pollutants.

2.3 Water Quality Standards This permit specifies the conditions under which storm water can be discharged so the receiving water quality standards contained in chs. NR 102 to NR 105, Wis. Adm. Code, are met to the maximum extent practicable. Except as otherwise permitted or authorized by this permit, storm water discharges may not contain pollutants which would cause a violation of water quality standards. For the term of this permit, implementation of the best management practices in the storm water pollution prevention plan, shall constitute compliance with water quality standards. The narrative type general storm water discharge limitations, described in Section <IP_ADDRESS>, are also intended to address water quality standards.

2.4 Maximum Extent Practicable Permittees shall develop and implement a storm water pollution prevention plan and best management practices designed to limit to the maximum extent practicable the discharge of pollutants from the separate storm sewer system. The Department shall consider other environmental problems and safety requirements facing the permittees, and will emphasize cost effective pollution prevention solutions when determining what is practicable.

2.5 Program Resources Permittees shall provide adequate finances, staff, equipment, and support capabilities to implement their storm water pollution prevention plan.

2.6 Individual Responsibilities Dane County, as the owner and airport authority, shall act as the airport representative and shall coordinate copermittee efforts to achieve permit compliance. Dane County and each airport tenant identified as a co permittee is individually responsible for:

( a) Compliance with permit conditions relating to discharges from the separate storm sewer system where it is the operator.

( b) Storm water pollution prevention plan implementation on portions of the separate storm sewer system where it is the operator.

( c) Collection of monitoring data required in Sections 5, 6 and 7. Agreements may be established between copermittees to consolidate monitoring responsibilities. WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 4 ( d) Compliance with annual reporting requirements as specified in Section 8.2, relating to the portions of the airport's separate storm sewer system for which they are responsible.

2.7 Joint Responsibilities Co permittees are jointly responsible for permit compliance on those shared portions of the separate storm sewer system where one or more co permittees jointly discharge to or operates a portion of the separate storm sewer system.

2.8 Non Co Permittees Discharges by non co permittee tenants may not cause any of the Dane County Regional Airport permittees to be in violation of the terms of this permit. If a discharge by a non co permittee causes a violation of Wisconsin law or regulation, Dane County will examine the legal obligation of the non co permittee under the tenant lease agreement with the County, and will take whatever action, if any, it deems appropriate. WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 5 3 Authorized Discharges 3.1 Storm Water Discharges This permit regulates storm water point source discharges to waters of the State from the permitted area upstream from the outfalls listed below:

Outfall Receiving Water Location 001 Starkweather Creek Glycol Retention Pond Overflow Structure 003  034 Starkweather Creek Perimeter of the Airport Property There are several drainage areas at the airport, with 31 storm sewer outfalls into Starkweather Creek ( Outfalls 013 and 014 were eliminated). Outfall 001 functions as a discharge point for the glycol pond, and is a clear water by pass during the non deicing season. Outfall 002 is the discharge point for the glycol pond into the City of Madison sanitary sewer when the pond water quality is does not meet permit effluent limitations. Dane County Regional Airport shall not be held responsible for discharges tributary to the airport drainage system or Starkweather Creek not under its authority.

Note: There may be other minor outfalls or discharge points where runoff may leave the permitted area, such as intermittent channelized flow. These discharges are also authorized.

3.2 Process and Non Process Wastewater Discharges This permit also regulates wastewater discharges to the airport's separate storm sewer system. These discharges include the following:

  Deicing and anti icing activities   Contaminated groundwater   Oil and water separators 3.3 Non Storm Water Discharges Non storm water discharges to the separate storm sewer system are prohibited, unless the discharge is innocuous or allowed under a WPDES permit. Permittees shall evaluate all storm water outfalls for non storm water contributions and illicit connections. Methods may include a review of as built schematics or drainage plans of the storm water collection system, end of pipe screening during dry weather, dye testing, physical inspection of the storm water collection system, or other appropriate monitoring. Dane County conducted this evaluation in during the first annual inspection in 1996 and submitted results with the storm water pollution prevention plan. Continued inspections for non storm water discharges shall continue as appropriate, with a repeat evaluation at least every 5 years, to achieve and maintain compliance with this condition. If an evaluation isn't feasible due to lack of access, include a statement explaining why.

3.4 Exclusions Excluded from coverage under this permit are the following:

( a) Areas located on Dane County Regional Airport property, which are segregated from the industrial activities associated with the airport, such as office building, parking lots, and undeveloped areas, may not need to be permitted. The exclusion status shall be revoked if storm water runoff from areas normally excluded mix or commingle with storm water drainage from pollution sources covered under the storm water pollution prevention plan, prior to discharging from the permitted area.

( b) Areas off site or upstream from the permitted area which discharge into the separate storm sewer system. WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 6 ( c) Airport tenants who do not meet the permitting criteria. Note: Refer to the airport tenant list for the criteria that requires a tenant to be permitted.

( d) Non storm water discharges that are not considered illicit discharges, unless identified by either the permittee or the Department as a significant source of pollutants to waters of the State. Innocuous non storm water discharges, as listed below, may enter the separate storm sewer system. However, the permittee shall incorporate appropriate control measures in the storm water pollution prevention plan if any of these discharges are identified as significant sources of pollutants.

  Water line flushing   Landscape irrigation   Diverted stream flows   Uncontaminated ground water infiltration   Uncontaminated pumped ground water   Discharges from potable water sources   Foundation drains   Air conditioning condensate   Irrigation water   Lawn watering   Individual private vehicle or aircraft washing   Flows from riparian habitats and wetlands   Pavement wash water   Fire fighting WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 7 4 Storm Water Pollution Prevention Plan Dane County Regional Airport shall follow the " Storm Water Pollution Prevention Plan" prepared under the previous permit, dated December 1996. Implementation of the plan shall be a continuing activity. The plan shall be amended where necessary to minimize the discharge of pollutants to the maximum extent practicable. WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 8 5 In Plant Requirements 5.1 Sampling Point( s)

Sampling Point Designation Sampling Point Number Sampling Point Location, WasteType/ Sample Contents and Treatment Description ( as applicable)

101 Wisconsin Air National Guard 115th Fighter Wing fuel farm oil and water separator. Effluent discharges to storm sewer Outfall 034.

5.2 Monitoring Requirements and Limitations The permittee shall comply with the following monitoring requirements and limitations.

5.2.1 Sampling Point 101  Oil and Water Separator Monitoring Requirements and Limitations Parameter Limit Type Limit and Units Sample Frequency Sample Type Notes Flow Rate gpd Quarterly Estimated Oil & Grease ( Hexane) Daily Max 15 mg/ L Quarterly Grab Suspended Solids, Total Daily Max 40 mg/ L Quarterly Grab 5.2.2 Applicability Permittees may discharge into the separate storm sewer system treated contaminated storm water discharged from oil water separators, in accordance with the conditions in this section. The following are operators of oil and water separators at Dane County Regional Airport:   Dane County owned facilities operate 5, all discharge to the Madison Metropolitan Sewerage District.

  Wisconsin Air National Guard Base operates 8, 7 discharge to the Madison Metropolitan Sewerage District and one discharges into the storm sewer system that is regulated at Sample Point 101 in this permit.

  Any other co permittee with an oil and water separator.

5.2.3 Operating Requirements Permittees shall comply with the following: ( a) The oil and water separator treatment controls for petroleum contaminated storm water runoff, shall be adequately sized, designed, operated and maintained. Plans and specifications for any new oil and water separator shall be submitted to the Department for approval prior to construction, in accordance with ch. NR 108, Wis. Adm. Code. ( b) No materials shall intentionally be dumped in the oil and water separator for treatment or storage. ( c) Accumulated solids, oil and grease shall be removed on a periodic basis to maintain the efficiency of the separator. The water discharge side of the separator shall be clean so there is no oil sheen or scum. All removed substances shall be properly disposed of. ( d) There shall be no leakage form any containment berms, dikes or tanks. WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 9 5.2.4 Effluent Limitations and Monitoring Requirements The discharge shall be limited and monitored by the permittee as follows: ( a) The oil and water separator shall be inspected at least quarterly for proper operation.

( b) Document the volume of waste oil recovered, date of removal, who removed it, and the ultimate fate of the waste oil.

( c) The discharge is subject to the general storm water discharge limitations in Paragraph <IP_ADDRESS>.

( d) Samples shall be collected from oil and water separator effluent prior to discharge to the separate storm sewer system, from each of the oil and water separators at the airport ( except those connected to the sanitary sewer).

( e) Effluent samples shall be collected from the Sample Points identified in Table 6.1, and be analyzed as specified in Table 5.2.1.

( f) For all petroleum storage tanks, submit in the annual report the following information:

1. Method used to handle and dispose of petroleum storage tank condensate, the volume of condensate discharged, and the frequency of the discharge.

2. If petroleum storage tank condensate is discharged, the condensate shall be analyzed for benzene, ethylbenzene, lead ( if lead additives are used), total phenols, toluene, and xylene. Detection of any of the above parameters in the condensate may result in a determination by the Department that the discharge is not allowable if it is a significant source of pollutants. WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 10 6 Surface Water Requirements 6.1 Sampling Point( s)

The discharge( s) shall be limited to the waste type( s) designated for the listed sampling point( s).

Sampling Point Designation Sampling Point Number Sampling Point Location, WasteType/ Sample Contents and Treatment Description ( as applicable)

001 Discharge of treated storm water runoff from the glycol retention pond into Starkweather Creek. 601 Stream Monitoring is required prior to discharging from the glycol retention pond to satisfy discharge conditions. Starkweather Creek is monitored 1400 feet downstream from Outfall 001where Starkweather Creek flows through 4 culvert pipes. 003 30 inch storm sewer outfall by control tower that discharges into Starkweather Creek. 022 60 inch storm sewer outfall south of glycol pond that discharges into Starkweather Creek. 602 Starkweather Creek upstream from the Airport at Highway 51 crossing. 603 Starkweather Creek downstream from the Airport at the Anderson Street crossing.

6.2 Monitoring Requirements and Effluent Limitations The permittee shall comply with the following monitoring requirements and limitations.

6.2.1 Sampling Point ( Outfall) 001  Glycol Retention Pond Monitoring Requirements and Effluent Limitations Parameter Limit Type Limit and Units Sample Frequency Sample Type Notes Flow Rate gpd Daily Total Daily BOD5, Total Weekly Avg 13.9 lbs/ day Weekly Grab Mar 1 to May 31 BOD5, Total Weekly Avg 8.4 lbs/ day Weekly Grab June 1 to Aug 31 BOD5, Total Weekly Avg 11.7 lbs/ day Weekly Grab Sept 1 to Nov 30 BOD5, Total Weekly Avg 16.4 lbs/ day Weekly Grab Dec 1 to Feb 28 BOD5, Total Daily Max 50 mg/ L Weekly Grab COD mg/ L Weekly Grab Suspended Solids, Total Daily Max 50 mg/ L Weekly Grab pH Field Daily Max 9.0 su Weekly Grab pH Field Daily Min 6.0 su Weekly Grab Nitrogen, Ammonia ( NH3 N) Total Weekly Avg 3.8 lbs/ day Weekly Grab Mar 1 to May 31 Nitrogen, Ammonia ( NH3 N) Total Weekly Avg 1.2 lbs/ day Weekly Grab June 1 to Aug 31 WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 11 Monitoring Requirements and Effluent Limitations Parameter Limit Type Limit and Units Sample Frequency Sample Type Notes Nitrogen, Ammonia ( NH3 N) Total Weekly Avg 2.6 lbs/ day Weekly Grab Sept 1 to Nov 30 Nitrogen, Ammonia ( NH3 N) Total Weekly Avg 5.6 lbs/ day Weekly Grab Dec 1 to Feb 28 Phosphorus, Total mg/ L Weekly Grab 6.2.2 Sampling Point ( Outfall) 601  Stream Monitoring Monitoring Requirements and Effluent Limitations Parameter Limit Type Limit and Units Sample Frequency Sample Type Notes Flow River Daily Min 1.0 cfs Daily Gauge Station Dissolved Oxygen Daily Min 7.0 mg/ L Daily Grab Temperature deg C Daily Grab 6.2.3 Glycol Retention Pond Discharge <IP_ADDRESS> Operating Requirements The permittee may discharge from Outfall 001 into Starkweather Creek treated storm water runoff from the glycol retention pond, in accordance with the following conditions:

( a) The glycol management plan of operation shall be followed.

( b) A stream flow rating curve shall be used to provide a means of accurately measuring background stream flow in Starkweather Creek. The gauging station data must be representative of the airport's discharge location at Outfall 001. Flow data is necessary for determining compliance with the mass limitations.

( c) The glycol retention pond shall be regulated as a fill and draw wastewater pond. When deicing or anti icing operations begin, the glycol retention pond shall be placed in operation. Runoff containing glycol shall be captured, retained in the pond for storage, treated by aeration to reduce BOD5, and be emptied in the spring. The deicing operation mode typically occurs from October through May.

( d) If the water quality of the glycol retention pond does not meet the effluent limitations of Table 6.2.1, the wastewater may not be discharged into Starkweather Creek. This wastewater shall be pumped into the sanitary sewer system at Outfall 002.

( e) Overflows or bypassing of the glycol retention pond during the deicing season are not permitted, unless due to unusual circumstances or storm events which exceed the design capacity of the pond. If the capacity of the glycol retention pond approaches capacity during the deicing season, a sufficient volume shall be pumped into the sanitary sewer to provide capacity to prevent the occurrence of an overflow or bypass. WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 12 ( f) After the deicing season, when glycol is no longer present in the runoff, the glycol retention pond may operate on a pass through basis. This normal operation mode typically occurs from June through September.

( g) Before placing the pond in the pass through mode, any accumulated solids in the glycol retention pond that may contribute pollutants to storm water runoff, shall be removed and properly disposed.

<IP_ADDRESS> Stream Monitoring The permittee shall monitor Starkweather Creek prior to discharging from Outfall 001, to assure compliance with the limitations in the Table 6.2.2. The discharge shall be stopped if a minimum flow of 1 cubic foot per second ( cfs) and dissolved oxygen of 7 mg/ L are not maintained in Starkweather Creek. Stream monitoring is only required during periods of discharge.

<IP_ADDRESS> Effluent Limits The discharge from the glycol retention pond shall be limited and monitored by the permittee as follows:

( a) The discharge is subject to the general storm water discharge limitations in Paragraph <IP_ADDRESS>.

( b) Effluent samples representative of the contents of the glycol retention pond shall be collected and analyzed as specified in Table 6.2.1. Prior to discharging from Outfall 001, a sample shall be analyzed to determine if the limitations can be met. Effluent monitoring is only required during periods of discharge. A minimum of one sample per week shall be collected during the draw down period of the glycol retention pond.

( c) Record the daily flow volume from the glycol retention pond during the deicing operation mode, for both Outfalls 001 and 002.

( d) COD ( chemical oxygen demand) TOC ( total organic carbon) analysis may be used instead of BOD5 monitoring, provided there is a direct correlation between BOD5 and COD or TOC. The BOD5 estimates from these tests may be used for determining compliance with the allowable BOD5 limitations for discharging. An actual BOD5 analysis shall be conducted on 20% to 25% of the samples to confirm the correlation.

( e) The BOD5 and ammonia effluent limitations are per cubic foot per second ( cfs) of Starkweather Creek stream flow. At higher stream flows, the effluent mass limitations will increase proportionally. Refer to table below.

( f) The BOD5 mass limitations are based on 1/ 3 the 26 pound BOD5 per day per cfs of stream flow adjusted for temperature ( unless full assimilative capacity is approved). The allowable BOD5 concentration varies, because it is dependent on the BOD5 mass limitation at that time of year ( temperature factor), effluent flow, and stream flow. The following table lists the allowable BOD5 concentrations for a discharge to comply with the mass limit. At no time may the BOD5 discharged be > 50 mg/ L. The allowable BOD5 concentration is calculated by the following equation: mg/ L BOD5 = ( lbs/ day BOD5 Limit) × ( cfs Stream Flow) ( MGD Effluent Flow) × ( 8.34)

Time of Year Effluent flow BOD5 @ 1 cfs Stream Flow Weekly Average Mass Limit per cfs March to May June to August Sept. to Nov. Dec. to Feb. 100 gpm or 0.144 MGD 12 mg/ L 7 mg/ L 10 mg/ L 14 mg/ L 13.9 lbs/ day 8.4 lbs/ day 11.7 lbs/ day 16.4 lbs/ day WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 13 <IP_ADDRESS> Antidegradation The effluent limitations in Table 6.2.1 represent 1/ 3 the assimilative capacity of Starkweather Creek, to prevent the significant lowering of water quality from this new discharge. The permittee may demonstrate the glycol retention pond is eligible for full assimilative capacity in accordance with ch. NR 207, Wis. Adm. Code. If the permittee is successful and the Department approves full assimilative capacity, the limitations in Table 6.2.1 will be 3 times the amount shown 6.2.4 Sampling Point ( Outfall) 003 , 022  Storm Sewers Monitoring Requirements and Effluent Limitations Parameter Limit Type Limit and Units Sample Frequency Sample Type Notes Flow Rate gal/ yr Annual Estimated Ethylene glycol mg/ L Annual Composite Propylene glycol mg/ L Annual Composite BOD5, Total mg/ L Annual Composite COD mg/ L Annual Composite Suspended Solids, Total mg/ L Annual Composite Oil & Grease ( Hexane) mg/ L Annual Grab Dissolved Oxygen mg/ L Annual Grab pH Field su Annual Composite 6.2.5 Sampling Point ( Outfall) 602 and 603  Upstream / Downstream Monitoring Requirements and Effluent Limitations Parameter Limit Type Limit and Units Sample Frequency Sample Type Notes BOD5, Total mg/ L Annual Grab COD mg/ L Annual Grab Suspended Solids, Total mg/ L Annual Grab Dissolved Oxygen mg/ L Annual Grab pH Field su Annual Grab 6.2.6 Monitoring Special Conditions  Storm Sewers and Starkweather Creek <IP_ADDRESS> Purpose The airport shall monitor two representative storm sewer outfalls from the airport, and receiving water upstream and downstream for use to evaluate the effectiveness of the storm water pollution WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 14 prevention plan in controlling the discharge of pollutants. Visual inspections shall look for obvious problems, and the chemical analysis shall provide specific water quality data, both tools for evaluation of the best management practices.

<IP_ADDRESS> Monitoring Locations The visual inspections and sample collections shall be taken at storm sewer outfalls Sampling Points 003 and 022, and Starkweather Creek Sampling Points 602, and 603. The Sampling Point location numbers are as indicated on the airport's site map. The two receiving water sampling locations are new. Sampling Point 602 is an upstream location on the east side of the Highway 51 crossing. Sampling Point 603 is a downstream location on the south side of Anderson Street crossing.

<IP_ADDRESS> Visual Inspections Visually inspect the Sampling Points 003, 022, 602, and 603 to characterize the quality of storm sewer outfalls and receiving water discharged during the " first flush" of storm water runoff from representative storms or snow melts. Within the first 30 minutes of when runoff first appears at the monitoring location, or as soon thereafter as practicable, observations of the discharge shall be made. Characterization of runoff quality shall include observations for color, odor, turbidity, floating solids, foam, oil sheen, or other obvious indicators of storm water pollution. Documentation shall include the inspection date, inspector, summary of observations, and probable sources of observed storm water pollution.

<IP_ADDRESS> Chemical Analysis Monitor Sampling Points 003, 022, 602, and 603 for chemical analysis to quantify pollutants of concern. The parameters listed in Tables 6.2.4, and 6.2.5 above represents the Department's minimum required chemical analysis that shall be conducted.

<IP_ADDRESS> Sampling Procedure The following requirements apply to Sampling Points 003, 022, 602, and 603 when collecting samples for chemical analysis: ( a) Samples shall be collected from storms which are preferably at least 50% of the monthly average precipitation event amount, but no less than 0.1 inch rain. The runoff event sampled shall be at least 72 hours from the previously measurable precipitation event greater than 0.1 inch.

( b) The storm water sample shall be representative of the " first flush" of storm water runoff. When runoff first appears in the outfall or as soon thereafter as practicable, a sample shall be collected during a 30 minute period. A minimum of 3 sample portions, evenly spaced throughout the 30 minute sampling period, shall be collected for a composite sample. As an alternative, a " flow weighted composite" sample for the entire storm water event may be collected in place of the " first flush" composite. In addition, a grab sample shall be collected within the first 30 minutes of the runoff for those parameters being analyzed that require a grab sample. If the storm water discharge is from a storage facility with at least 24 hours holding time, a representative grab shall be collected from the storage facility for analysis of all parameters.

( c) When sampling snow melt and deicing or anti icing events, best professional judgment shall be used for when to collect a representative sample.

( d) A narrative description shall be provided of each storm event which is sampled, including the date and duration of the storm, precipitation amount ( if snowfall include inches of snow and rainfall equivalent), the duration between the storm event sampled and the end of the WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 15 previous measurable storm of greater than 0.1 inch rainfall, and an estimate of the total volume of storm water discharged.

( e) Approved analytical methods shall be used in accordance with ch. NR 219, Wis. Adm. Code " Analytical Test Methods and Procedures", or guidance on storm water sampling procedures developed by the Department. When no analytical method is approved, a suitable method may be used provided a description of the method is submitted to the department for concurrence prior to sampling.

<IP_ADDRESS> Monitoring Frequency The permittee shall conduct monitoring during each reporting period of July 1 to June 30, which includes one contiguous deicing season. When a chemical sample is collected, a visual inspection shall be done concurrently. Chemical monitoring samples shall be collected during a deicing or anti icing event. Additional samples may be collected as necessary for data collection. All monitoring locations shall be sampled during the same storm or snow melt event if possible. ( a) Visual inspections shall be made quarterly every year. At least 2 of the quarterly monitoring dates shall be during a deicing or anti icing event.

( b) Samples collected for chemical analysis for Sampling Points 003 and 022 shall be collected once each deicing season and monitored according to Table 6.2.4.

( c) Samples collected for chemical analysis for Sampling Points 602 and 603 shall be collected once each deicing season and monitored according to Table 6.2.5. In addition, weekly samples shall be collected when the glycol retention pond is discharging from Outfall 001 ( sampling procedures in paragraph <IP_ADDRESS> do not apply).

<IP_ADDRESS> Flow Volume Estimate the volume of storm water and wastewater effluent discharged from the glycol retention pond Outfalls 001 and 002; and storm water runoff discharged from storm sewer Outfalls 003 through 034. The estimate and method of calculation shall be provided in the annual report.

<IP_ADDRESS> Pollutant Loading The permittee shall estimate the annual pollutant loading from spent deicing and anti icing chemicals discharged from the permitted area into the storm sewer system. Data shall be maintained on: ( a) The amount and type of deicer or anti icer used each reporting period.

( b) The estimated amount of glycol captured for recycling or disposal, and the volume discharged into the sanitary sewer.

( c) The estimated amount of glycol discharged in runoff to the separate storm sewer system, with a brief description on the how the estimate was calculated.

Note: The aircraft deicing and anti icing is believed to be the major source of glycol discharged. However, best professional judgment of other sources of glycol discharged shall be estimated. The estimate provided here shall represent a comprehensive discharge amount that includes the entire permitted area.

( d) The weather conditions that required deicing or anti icing, to determine the correlation between the weather and amount of deicer and anti icer used.

( e) The air traffic, to determine the correlation between air traffic and amount of deicer and antiicer used.

Note: The permittee may determine what the relevant air traffic data is. This is intended to be data that is currently readily available, not some new monitoring requirement on detailed air traffic accounting. WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 16 <IP_ADDRESS> Sampling Exemption If the permittee is unable to collect samples due to adverse climatic conditions, the permittee shall describe why samples could not be collected in the annual report. An exemption from the monitoring requirements shall be given for just cause, however, this does not relieve the permittee of complying with the monitoring requirements when weather conditions allow sampling.

6.2.7 Storm Water Discharge Requirements <IP_ADDRESS> General Discharge Limitations Permittees may not discharge from the separate storm sewer system the following substances in amounts that may adversely effect receiving water quality or aquatic life: ( a) Deicing and anti icing chemicals, including ethylene glycol, propylene glycol, urea, and any substitute chemicals.

( b) Solids and sand that may settle to form putrescent or otherwise objectionable sludge or sediment deposits.

( c) Oil, grease, fuel and other floating material that form noticeable accumulations of debris, scum, foam, or sheen.

( d) Color or odor that is unnatural and to such a degree as to create a nuisance.

( e) Toxic substances in toxic amounts to aquatic life, wildlife, or humans.

( f) Nutrients conductive to the excessive growth of aquatic plants and algae to the extent that such growths are detrimental to desirable forms of aquatic life, create conditions that are unsightly, or are a nuisance.

( g) Any other substances that may impair beneficial uses of the receiving water.

<IP_ADDRESS> Glycol Reduction The design and sizing of the deicing and anti icing controls for the glycol management area shall be based on cost effective management controls to reduce glycol discharges to the maximum extent practicable. The permittee shall compare the amount of glycol applied for deicing and anti icing with the estimated amount of glycol runoff discharging into the separate storm sewer system, and the amount captured by the glycol retention pond, using the data collected for pollutant loading describe in Paragraph <IP_ADDRESS>.

Note: For the purposes of this permit, the glycol management area is defined as the airport terminal area where the majority of the aircraft deicing and anti icing occurs.

<IP_ADDRESS> Fugitive Glycol The percent of glycol captured and percent discharged will only apply to the glycol draining onto the glycol management area. It is assumed 50% of the total glycol in Type I aircraft deicing fluids ( ADFs) and 15% of the glycol in Type IV aircraft anti icing fluids ( AAFs) used on ramps and applied to aircraft will drain to the glycol management area. The other 50% of the glycol in Type I ADF and 85% of glycol in AAF is considered fugitive and can not be cost effectively captured. Fugitive glycol includes glycol that shears off aircraft upon take off, glycol that dissipates as vapor into the atmosphere, and glycol used outside the glycol management area. Any reduction in the amount glycol discharged represents the reduction that may result from a maximum of 50% of the total amount of glycol in Type I ADF and 15% of the glycol in Type IV AAF used. Note: If future data indicates a different value for the fugitive percentage is more accurate, that shall be used. The 50% and 85% numbers on based upon current finding at several airports and represent the best estimate available. WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 17 <IP_ADDRESS> Compliance The permittee shall be considered in compliance with the discharge requirements of Section 6.2.7 as long as the permittee is proceeding with the activities required by this permit. WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 18 7 Groundwater Requirements 7.1 Monitoring Requirements and Limitations 7.1.1 Groundwater Monitoring System for Gylcol Retention Pond Location of Monitoring system: Glycol Retention Pond Wells to be Monitored: 801, 802, 803, 804 ( corresponds to airport well names MW 1, MW 2, MW 3, and MW 4 respectively)

Well Used To Calculate PALs: 801 Enforcement Standard Wells: None Monitoring Frequency: Grab samples shall be collected per the frequency shown in the table at each well to be monitored. Grab samples shall be collected monthly from any new wells during the first three months following installation. ( See the compliance schedule section herein for requirements on any new wells to be installed.) Thereafter monitoring shall be per the frequency shown in the table. Samples shall be collected during April and October.

PARAMETER UNITS PREVENTIVE ACTION LIMIT ENFORCEMENT STANDARD FREQUENCY Depth To Groundwater feet ***** N/ A 1/ 6 Months Groundwater Elevation feet MSL ***** N/ A 1/ 6 Months BOD5 Dissolved mg/ L 35 N/ A 1/ 6 Months COD, Filtered mg/ L 63 N/ A 1/ 6 Months Solids, Total Dissolved mg/ L 1,840 N/ A 1/ 6 Months pH Field su ***** N/ A 1/ 6 Months Conductivity µ mhos/ cm 1,990 N/ A 1/ 6 Months ***** Preventive action limits ( PALs) are not calculated for Depth to Groundwater or Groundwater Elevation. The pH PAL for a site is established in s. NR 140.20( 2)( a), Wis. Adm. Code as one pH unit above or below the pH of site background groundwater quality. The pH PAL for this site has been established at 6.0 s. u. to 8.0. s. u. WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 19 8 Schedules of Compliance 8.1 Annual Inspection Perform and document a comprehensive annual facility site inspection. The inspection shall verify that the site drainage conditions and potential pollution sources identified in the storm water pollution prevention plan remain accurate, that the best management practices prescribed in the plan are being implemented, and properly operated and maintained. Information reported must include the date of inspection, inspector, summary of observations, and if any amendments are needed to the storm water pollution prevention Plan. The annual inspection shall be conducted during the deicing season, and the findings submitted with the annual report.

8.2 Annual Report 8.2.1 Purpose The information provided in the annual report shall be used to determine progress on implementation of the storm water pollution prevention plan and compliance with the conditions in the permit.

8.2.2 Certification Dane County shall sign and certify the annual report and include a statement or resolution that the co permittee's governing body or delegated representatives have reviewed or been appraised of the content of the annual report.

8.2.3 Contents The permittee shall prepare an annual report for the 12 month period of July 1 through June 30, so a deicing season is wholly contained in one reporting period. The annual report shall be submitted no later than 3 months after the completed reporting period ( by September 30). The report shall include the following: ( a) The status of implementing the storm water pollution prevention plan, and compliance with permit schedules. ( b) An updated site map where necessary to identify of any new outfalls, structural controls, or other note worthy changes.

( c) A summary describing activities in the storm water pollution prevention plan that have measurable results, and an assessment of the effectiveness of best management practices.

( d) A summary of any amendments made or proposed to the storm water pollution prevention plan.

( e) A summary of the monitoring data required in Sections 5, and 6.

( f) A summary of the glycol management, including the glycol retention pond's performance in recovering the glycol as required in Section 6.2.3.

( g) Identification of receiving water quality improvements or degradation resulting from airport activities. ( h) A general fiscal summary of the estimated costs for storm water program activities, which includes the following: 1. The annual expenditures for the previous year with a breakdown of expenses for the major elements of the program. 2. The budget for the current year with an estimated breakdown of the expenses for the major elements of the program. WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 20 9 Standard Requirements NR 205, Wisconsin Administrative Code ( Conditions for Industrial Dischargers): The conditions in ss. NR 205.07( 1) and NR 205.07( 3), Wis. Adm. Code, are included by reference in this permit. The permittee shall comply with all of these requirements. Some of these requirements are outlined in the Standard Requirements section of this permit. Requirements not specifically outlined in the Standard Requirement section of this permit can be found in ss. NR 205.07( 1) and NR 205.07( 3).

9.1 Reporting and Monitoring Requirements 9.1.1 Monitoring Results Monitoring results obtained during the previous month shall be summarized and reported on a Department Wastewater Discharge Monitoring Report Form. This report form is to be returned to the Department no later than the date indicated on the form. The original and one copy of the Wastewater Discharge Monitoring Report Form shall be submitted to your DNR regional office. A copy of the Wastewater Discharge Monitoring Report Form shall be retained by the permittee.

If the permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included on the Wastewater Discharge Monitoring Report Form.

The permittee shall comply with all limits for each parameter regardless of monitoring frequency. For example, monthly, weekly, and/ or daily limits shall be met even with monthly monitoring. The permittee may monitor more frequently than required for any parameter.

Monitoring reports shall be signed by a principal executive officer, a ranking elected official, or other duly authorized representative.

9.1.2 Sampling and Testing Procedures Sampling and laboratory testing procedures shall be performed in accordance with Chapters NR 218 and NR 219, Wis. Adm. Code and shall be performed by a laboratory certified or registered in accordance with the requirements of ch. NR 149, Wis. Adm. Code. Groundwater sample collection and analysis shall be performed in accordance with ch. NR 140, Wis. Adm. Code. The analytical methodologies used shall enable the laboratory to quantitate all substances for which monitoring is required at levels below the effluent limitation. If the required level cannot be met by any of the methods available in NR 219, Wis. Adm. Code, then the method with the lowest limit of detection shall be selected. Additional test procedures may be specified in this permit.

9.1.3 Recording of Results The permittee shall maintain records which provide the following information for each effluent measurement or sample taken:

  the date, exact place, method and time of sampling or measurements;

  the individual who performed the sampling or measurements;

  the date the analysis was performed;

  the individual who performed the analysis;

  the analytical techniques or methods used; and   the results of the analysis.

9.1.4 Reporting of Monitoring Results The permittee shall use the following conventions when reporting effluent monitoring results: WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 21   Pollutant concentrations less than the limit of detection shall be reported as < ( less than) the value of the limit of detection. For example, if a substance is not detected at a detection limit of 0.1 mg/ L, report the pollutant concentration as < 0.1 mg/ L.

  Pollutant concentrations equal to or greater than the limit of detection, but less than the limit of quantitation, shall be reported and the limit of quantitation shall be specified.

  For the purposes of calculating an average or a mass discharge value, the permittee may substitute a 0 ( zero) for any pollutant concentration that is less than the limit of detection. However, if the effluent limitation is less than the limit of detection, the department may substitute a value other than zero for results less than the limit of detection, after considering the number of monitoring results that are greater than the limit of detection and if warranted when applying appropriate statistical techniques.

9.1.5 Records Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by the permit, and records of all data used to complete the application for the permit for a period of at least 3 years from the date of the sample, measurement, report or application, except for sludge management forms and records, which shall be kept for a period of at least 5 years.

9.1.6 Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application or submitted incorrect information in a permit application or in any report to the Department, it shall promptly submit such facts or correct information to the Department.

9.2 System Operating Requirements 9.2.1 Noncompliance Notification   The permittee shall report the following types of noncompliance by a telephone call to the Department's regional office within 24 hours after becoming aware of the noncompliance;

  any noncompliance which may endanger health or the environment;

  any violation of an effluent limitation resulting from an unanticipated bypass;

  any violation of an effluent limitation resulting from an upset; and   any violation of a maximum discharge limitation for any of the pollutants listed by the Department in the permit.

  A written report describing the noncompliance shall also be submitted to the Department's regional office within 5 days after the permittee becomes aware of the noncompliance. On a case by case basis, the Department may waive the requirement for submittal of a written report within 5 days and instruct the permittee to submit the written report with the next regularly scheduled monitoring report. In either case, the written report shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times; the steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance; and if the noncompliance has not been corrected, the length of time it is expected to continue.

  The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 22 9.2.2 Unscheduled Bypassing Any unscheduled bypass or overflow of wastewater at the treatment works or from the collection system is prohibited, and the Department may take enforcement action against a permittee for such occurrences under s. 283.89, Wis. Stats., unless:

  The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

  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 judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and   The permittee notified the Department as required in this Section.

Whenever there is an unscheduled bypass or overflow occurrence at the treatment works or from the collection system, the permittee shall notify the Department within 24 hours of initiation of the bypass or overflow occurrence by telephoning the wastewater staff in the regional office as soon as reasonably possible ( FAX, email or voice mail, if staff are unavailable).

In addition, the permittee shall within 5 days of conclusion of the bypass or overflow occurrence report the following information to the Department in writing:

  Reason the bypass or overflow occurred, or explanation of other contributing circumstances that resulted in the overflow event. If the overflow or bypass is associated with wet weather, provide data on the amount and duration of the rainfall or snow melt for each separate event.

  Date the bypass or overflow occurred.

  Location where the bypass or overflow occurred.

  Duration of the bypass or overflow and estimated wastewater volume discharged.

  Steps taken or the proposed corrective action planned to prevent similar future occurrences.

  Any other information the permittee believes is relevant.

9.2.3 Scheduled Bypassing Any construction or normal maintenance which results in a bypass of wastewater from a treatment system is prohibited unless authorized by the Department in writing. If the Department determines that there is significant public interest in the proposed action, the Department may schedule a public hearing or notice a proposal to approve the bypass. Each request shall specify the following minimum information:

  proposed date of bypass;

  estimated duration of the bypass;

  estimated volume of the bypass;

  alternatives to bypassing; and   measures to mitigate environmental harm caused by the bypass.

9.2.4 Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control which are installed or used by the permittee to achieve compliance with the conditions of this permit. The wastewater treatment facility shall be under the direct supervision of a state certified operator as required in s. NR 108.06( 2), Wis. Adm. Code. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training as required in ch. NR 114, Wis. Adm. Code, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 23 9.2.5 Spill Reporting The permittee shall notify the Department in accordance with ch. NR 706 ( formerly NR 158), Wis. Adm. Code, in the event that a spill or accidental release of any material or substance results in the discharge of pollutants to the waters of the state at a rate or concentration greater than the effluent limitations established in this permit, or the spill or accidental release of the material is unregulated in this permit, unless the spill or release of pollutants has been reported to the Department in accordance with s. NR 205.07 ( 1)( s), Wis. Adm. Code.

9.2.6 Planned Changes In accordance with ss. 283.31( 4)( b) and 283.59, Stats., the permittee shall report to the Department any facility expansion, production increase or process modifications which will result in new, different or increased discharges of pollutants. The report shall either be a new permit application, or if the new discharge will not violate the effluent limitations of this permit, a written notice of the new, different or increased discharge. The notice shall contain a description of the new activities, an estimate of the new, different or increased discharge of pollutants and a description of the effect of the new or increased discharge on existing waste treatment facilities. Following receipt of this report, the Department may modify this permit to specify and limit any pollutants not previously regulated in the permit.

9.2.7 Duty to Halt or Reduce Activity Upon failure or impairment of treatment facility operation, the permittee shall, to the extent necessary to maintain compliance with its permit, curtail production or wastewater discharges or both until the treatment facility operations are restored or an alternative method of treatment is provided.

9.3 Surface Water Requirements 9.3.1 Permittee Determined Limit of Quantitation Incorporated into this Permit For pollutants with water quality based effluent limits below the Limit of Quantification ( LOQ) in this permit, the LOQ calculated by the permittee and reported on the Discharge Monitoring Reports ( DMRs) is incorporated by reference into this permit. The LOQ shall be reported on the DMRs, shall be the lowest quantifiable level practicable, and shall be no greater than the minimum level ( ML) specified in or approved under 40 CFR Part 136 for the pollutant at the time this permit was issued, unless this permit specifies a higher LOQ.

9.3.2 Appropriate Formulas for Effluent Calculations The permittee shall use the following formulas for calculating effluent results to determine compliance with average limits and mass limits:

Weekly/ Monthly average concentration = the sum of all daily results for that week/ month, divided by the number of results during that time period.

Weekly Average Mass Discharge ( lbs/ day) Daily mass = daily concentration ( mg/ L) x daily flow ( MGD) x 8.34 Average the daily mass values for the week.

Monthly Average Mass Discharge ( lbs/ day) Daily mass = daily concentration ( mg/ L) x daily flow ( MGD) x 8.34 Average the daily mass values for the month.

9.3.3 Visible Foam or Floating Solids There shall be no discharge of floating solids or visible foam in other than trace amounts. WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 24 9.4 Groundwater Standard Requirements 9.4.1 NR 140, Wis. Adm. Code Ch. NR 140, Wis. Adm. Code establishes groundwater quality standards for substances detected in or having a reasonable probability of entering the groundwater resources of the state. The groundwater monitoring requirements contained in this permit are based on substances reported to be in the discharge to groundwater but may not necessarily include all substances of public health or welfare concern which are in the effluent. Nonetheless, nothing in this permit allows the permittee to discharge any substance in a concentration which would cause groundwater standards in ch. NR 140, Adm. Code to be exceeded. Should a groundwater enforcement standard, preventive action limit or alternative concentration limit be exceeded at the point of standards application, the Department will seek a response in accordance with ch. NR 140, Wis. Adm. Code.

9.4.2 Groundwater Sampling Groundwater sampling shall be performed in accordance with procedures contained in the WDNR publications, Groundwater Sampling Procedures Field Manual ( PUBL WR 168 87), Groundwater Sampling Procedures Guidelines ( PUBL WR 153 87), Groundwater Sampling Desk Reference ( PUBL DG 037 96) and Groundwater Sampling Field Manual ( PUBL DG 038 96).

9.4.3 Indicator Parameter  Preventive Action Limits Indicator Parameter  Preventive Action Limits are calculated using a minimum of eight sample analysis results available from a representative background well in accordance with the procedures in s. NR 140.20, Wis. Adm. Code.

9.4.4 Groundwater Monitoring Forms Results of the groundwater analyses shall be summarized and reported on Groundwater Monitoring Forms supplied by the Department. This report form is to be returned to the Department no later than the date indicated on the form. The original and one copy of the Groundwater Monitoring Form shall be submitted to your DNR regional office. A copy of the Groundwater Monitoring Form shall be retained by the permittee.

9.4.5 Appropriate Formulas for Groundwater Total Nitrogen = Total Kjeldahl Nitrogen ( mg/ L) + [ NO2 + NO3] Nitrogen ( mg/ L)

Organic Nitrogen ( mg/ L) = Total Kjeldahl Nitrogen ( mg/ L)  Ammonia Nitrogen ( mg/ L)

9.4.6 Reporting Depth to Groundwater Depth to groundwater shall be reported in feet, to the nearest 0.01 foot, below the top of the well casing. A report shall be on file with the Department stating the well casing top elevation in feet above mean sea level ( MSL), to the nearest 0.01 foot, for each groundwater monitoring well.

9.4.7 Groundwater Elevation Groundwater elevations shall be calculated by subtracting the depth to groundwater measurement from the well casing top elevation and shall be reported in feet above mean sea level ( MSL) to the nearest 0.01 foot.

9.4.8 Groundwater Grab Samples Grab samples shall be taken of the groundwater only after adequate removal or purging of standing water within the well casing has been performed. For those wells which will refill with water as fast as the water can be removed by bailing or pumping, four well volumes shall be removed prior to sample collection and analysis. For those wells WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 25 which will not refill with water as fast as the water can be removed by bailing or pumping, the existing volume of water inside the well casing shall be removed and samples collected after the well has refilled to at least half the original volume in the well.

9.4.9 Filtering of Groundwater Samples All groundwater monitoring well samples shall be filtered prior to analysis, except for the portion used to measure pH or field specific conductance, which shall be done using an unfiltered sample. While in field analysis is preferred for these two tests, laboratory analysis done within two hours of sample collection is acceptable. For the portion to be filtered, it is preferred that filtering be performed in the field immediately following sample collection. However, laboratory filtering is acceptable. Filtering shall be performed through a standard 0.45 micron filter.

9.4.10 Groundwater Data Log A data log shall be used to record the results of all field sampling and analysis events. This log shall include date of sampling event, groundwater sampler's name, well identification, depth from pipetop to water, depth from pipetop to well bottom, time of purging ( start to end), volume of water purged, indication of whether the well was purged dry, time of sample withdrawal, and the following applicable field observations: pH, field conductivity, temperature, color, odor and turbidity, indication of whether field filtering was performed and time of filtering, indication of cap and lock replaced, and comments.

9.4.11 Notification of Attaining or Exceeding Groundwater Quality Standards If the concentration of a substance in groundwater attains or exceeds a Preventive Action Limit or Enforcement Standard at a point of standards application, the permittee shall submit a letter along with the groundwater monitoring data notifying the Department, in accordance with ss. NR 140.24 and NR 140.26, Wis. Adm. Code, that a Preventive Action Limit or Enforcement Standard has been attained or exceeded. WPDES Permit No. WI 0048747 02 0 Dane County Regional Airport 26 10 Summary of Reports Due FOR INFORMATIONAL PURPOSES ONLY Description Date Page Annual Report No later than September 30th 19 All submittals required by this permit shall be submitted to the Central Office, 101 South Webster Street, P. O. Box 7921, Madison, WI 53707 7921, except as follows. Report forms shall be submitted to the address printed on the report form. Any facility plans or plans and specifications for municipal, industrial pretreatment and non industrial wastewater systems shall be submitted to the Regional Plan Reviewer ( as designated at www. dnr. state. wi. us/ org/ water/ wm/ consultant. html). Any construction plans and specifications for industrial wastewater systems shall be submitted to the Bureau of Watershed Management, P. O. Box 7921, Madison, WI 53707 7921.


[Federal Register: January 9, 2006 (Volume 71, Number 5)]
[Notices]
[Page 1425-1426]
[DOCID:fr09ja06-30]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Ready for Environmental Analysis and
Soliciting Comments, Recommendations, Terms and Conditions, and
Prescriptions

December 28, 2005.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2082-027.
    c. Date Filed: February 25, 2004.
    d. Applicant: PacifiCorp.
    e. Name of Project: Klamath Hydroelectric Project.
    f. Location: On the Klamath River in Klamath County, Oregon and on
the Klamath River and Fall Creek in Siskiyou County, California. The
project currently includes 219 acres of Federal lands administered by
the Bureau of Reclamation and the Bureau of Land Management.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Cory Scott, Licensing Project Manager,
PacifiCorp, 825 NE. Multnomah, Suite 1500, Portland, Oregon 97232,
(503) 813-6011.
    i. FERC Contact: John Mudre,<PHONE_NUMBER> or<EMAIL_ADDRESS>    j. Deadline for filing comments, recommendations, terms and
conditions, and prescriptions is 60 days from the issuance of this
notice; reply comments are due 105 days from the issuance date of this
notice.
    All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents

with the Commission to serve a copy of that document on each person on
the official service list for the project. Further, if an intervenor
files comments or documents with the Commission relating to the merits
of an issue that may affect the responsibilities of a particular
resource agency, they must also serve a copy of the document on that
resource agency.
    Comments, recommendations, terms and conditions, and prescriptions
may be filed electronically via the Internet in lieu of paper. The
Commission strongly encourages electronic filings. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov) under the ``e-Filing'' link.

    k. This application has been accepted, and is ready for
environmental analysis at this time.
    l. The proposed Project consists of four existing generating
developments (J.C. Boyle, Copco No. 1, Copco No. 2. and Iron Gate)
along the mainstem of the Upper Klamath River, between RM 228 and RM
254, and one generating development (Fall Creek) on Fall Creek, a
tributary to the Klamath River at about RM 196. The existing Spring
Creek diversion is proposed for inclusion within the Fall Creek
Development. The currently-licensed East Side, West Side, and Keno
Developments are not included in the proposed Project.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''

link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    All filings must: (1) Bear in all capital letters the title
``COMMENTS'', ``REPLY COMMENTS'', ``RECOMMENDATIONS,'' ``TERMS AND
CONDITIONS,'' or ``PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person submitting the filing; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. Each filing must be
accompanied by proof of service on all persons listed on the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 4.34(b), and 385.2010.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via e-mail of new filings and

issuances related to this or other pending projects. For assistance,
contact FERC Online Support.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-47 Filed 1-6-06; 8:45 am]

BILLING CODE 6717-01-P