[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Notices]
[Pages 82344-82345]
[FR Doc No: 2023-25974]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2375-124]

Andro Hydro, LLC; Notice of Application for Amendment of License,
Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Application for non-capacity amendment of
license.
    b. Project No.: 2375-124.
    c. Date Filed: June 20, 2023.
    d. Applicant: Andro Hydro, LLC.
    e. Name of Project: Riley-Jay-Livermore Hydroelectric Project.
    f. Location: The project is located on the Androscoggin River in
Oxford, Franklin, and Androscoggin Counties in Maine.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Jody Smet, Eagle Creek Renewable Energy, LLC,
7315 Wisconsin Avenue, Suite 1100W, Bethesda, MD 20814,<PHONE_NUMBER>,
[email protected].
    i. FERC Contact: Maryam Akhavan,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, interventions, and protests:
December 18, 2023.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426. The
first page of any filing should include docket number P-2375-124.
Comments emailed to Commission staff are not considered part of the
Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears 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.
    k. Description of Request: Andro Hydro, LLC (applicant), a
subsidiary of Eagle Creek Renewable Energy, proposes to replace the
existing flashboards at the Riley development with a rubber dam and
install gorilla bars on the forebay entrance. The applicant maintains
run-of-river operations during construction or after the rubber dam and
gorilla bars are installed. In addition, the applicant proposes to
replace one existing Unit 6 turbine-generator unit with two new

turbine-generator units at the Jay development and increase the
generating capacity from 3.125 Megawatts (MW) to 3.745 MW.
    l. Locations of the Application: This filing may be viewed on the
Commission's website 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. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (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 commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.
    p. The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: November 17, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-25974 Filed 11-22-23; 8:45 am]
BILLING CODE 6717-01-P


Lydia Wegman/RTP/USEPA/US

08/27/2008 07:02 PM

To

<EMAIL_ADDRESS> cc

"Karen Martin"<EMAIL_ADDRESS>"Deirdre Murphy" <EMAIL_ADDRESS>"Tricia Crabtree"<EMAIL_ADDRESS>"Barbara Miles"<EMAIL_ADDRESS> Subject

Can we move our 3 PM meeting tomorrow?

Hi Heidi,

I wondered if we could reschedule our 3 PM meeting tomorrow to discuss the Pb NAAQS comments.  I have a conflict due to a meeting that is scheduled to go until 3:30 (and that I can't move since it's not my meeting).  Can we either meet at 4 PM or on Friday morning?  Also, since you already heard the briefing on the public comments from Bob on Monday, I was wondering what you'd like to cover at the meeting.  Do you want us to go through that briefing again or do you want to discuss some specific comments or do something else in relation to the comments?  Please let me know what will work for you.  Thanks.

Lydia


[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Notices]
[Pages 34182-34184]
[FR Doc No: 2015-14478]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75123; File No. SR-NYSEArca-2015-49]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE
Arca Equities Schedule of Fees and Charges for Exchange Services To
Modify the Credits for Mid-Point Passive Liquidity Orders

June 9, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on May 29, 2015, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Equities Schedule of
Fees and Charges for Exchange Services (the ``Fee Schedule'') to modify
the credits for Mid-Point Passive Liquidity (``MPL'') Orders. The
Exchange proposes to implement the fee changes on June 1, 2015. The
text of the proposed rule change is available on the Exchange's Web
site at www.nyse.com, at the principal office of the Exchange, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule to modify the
credits applicable to MPL Orders.\4\ The Exchange proposes to implement
the fee changes on June 1, 2015.
---------------------------------------------------------------------------

    \4\ An MPL Order is a Passive Liquidity Order executable only at
the midpoint of the Protected Best Bid and Offer. See Rule
7.31(h)(5) [sic]. A Passive Liquidity Order is an order to buy or
sell a stated amount of a security at a specified, undisplayed
price. See Rule 7.31(h)(4) [sic].
---------------------------------------------------------------------------

    Currently, MPL Orders that provide liquidity on the Exchange
receive a credit of $0.0015 per share for Tape A, Tape B and Tape C
Securities under Tier 1, Tier 2 and Basic Rates in the Fee Schedule.\5\
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    \5\ Tier 1 applies to ETP Holders and Market Makers (1) that
provide liquidity an average daily share volume per month of 0.70%
or more of the US CADV or (2) that (a) provide liquidity an average
daily share volume per month of 0.15% or more of the US CADV and (b)
are affiliated with an OTP Holder or OTP Firm that provides an ADV
of electronic posted executions (including all account types) in
Penny Pilot issues on NYSE Arca Options (excluding mini options) of
at least 100,000 contracts, of which at least 25,000 contracts must
be for the account of a market maker. Tier 2 applies to ETP Holders
and Market Makers that provide liquidity an average daily share
volume per month of 0.30% or more, but less than 0.70% of the US
CADV. Basic Rates apply when tier rates do not apply. US CADV means
United States Consolidated Average Daily Volume for transactions
reported to the Consolidated Tape, excluding odd lots through
January 31, 2014 (except for purposes of Lead Market Maker pricing),
and excludes volume on days when the market closes early and on the
date of the annual reconstitution of the Russell Investments
Indexes. Transactions that are not reported to the Consolidated Tape
are not included in US CADV.
---------------------------------------------------------------------------

    The Exchange proposes to modify the credits under Tier 1, Tier 2
and Basic Rates for MPL Orders that provide liquidity and establish
different credits based on the Average Daily Volume (``ADV'') of
provided liquidity in MPL Orders for Tape A, Tape B and Tape C
Securities combined (``MPL Adding ADV''). The proposed changes would
apply to ETP Holders and Market Makers that are eligible for Tier 1 or
Tier 2 fees and credits, and to the Basic Rates. The proposed changes
would apply to securities with a per share price of $1.00 or above.
    For ETP Holders and Market Makers that have MPL Adding ADV during
the billing month of at least 3 million shares, the credit per share
would be $0.0015 for Tape A Securities, $0.0020 for Tape B Securities
and $0.0025 for Tape C Securities (``MPL Adding ADV Category 1'').
    For ETP Holders and Market Makers with MPL Adding ADV during the

billing month of at least 1.5 million shares but less than 3 million
shares, the credit per share would be $0.0015 for Tape A, Tape B and
Tape C Securities (``MPL Adding ADV Category 2'').
    For ETP Holders and Market Makers with MPL Adding ADV during the
billing month of less than 1.5 million shares, the credit per share
would be $0.0010 for Tape A, Tape B and Tape C Securities (``MPL Adding
ADV Category 3'').
    The current $0.0030 fee for MPL Orders in Tape A, B and C
securities that remove liquidity from the Exchange would not change as
a result of this proposal. In addition, MPL Orders removing liquidity
from the Exchange that are designated as Retail Orders are not
currently subject to a fee, which the Exchange is not proposing to
change.
    The Exchange also proposes to add the defined term, ``MPL'' in
place of Mid-Point Passive Liquidity'' throughout the Fee Schedule.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\7\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that the proposed change to the credits for
MPL Orders is reasonable because it would align the level of the
credits to the level of volume provided.
    The Exchange believes that the higher credits in MPL Adding ADV
Category 1 for Tape B and Tape C securities, of $0.0020 and $0.0025,
respectively, is reasonable because the higher credits would
incentivize ETP Holders to submit the additional liquidity required for
MPL Adding ADV Category 1 through MPL Orders in Tape B and Tape C
Securities. The Exchange believes that for MPL Adding ADV Category 1,
the credit for Tape A securities of $0.0015 is reasonable because it is
unchanged from the current credit.
    Similarly, the credit of $0.0015 in MPL Adding ADV Category 2,
which is the same as the current per share credit for MPL Orders, is
reasonable because it would apply to ETP Holders and Market Makers that
provide a lower MPL Adding ADV, of more than 1.5 million shares but
less than 3 million shares, than MPL Adding ADV Category 1, but higher
[sic] than the MPL Adding ADV required for the higher credits in MPL
Adding ADV Category 1 [sic] for Tape B and Tape C Securities. The
lowest credit, of $0.0010 per share, in MPL Adding ADV Category 3, is
reasonable because it would apply equally to the ETP Holders and Market
Makers that provide the lowest MPL Adding ADV of less than 1.5 million
shares.
    MPL Orders allow for additional opportunities for passive
interaction with trading interest on the Exchange and are designed to
offer potential price improvement to incoming marketable orders
submitted to the Exchange.\8\ The Exchange believes that by correlating
the level of the credit to the level of MPL Adding Volume, this
proposed fee structure would incentivize ETP Holders to submit more
liquidity providing MPL Orders to the Exchange, thereby increasing the
potential price improvement to incoming marketable orders submitted to
the Exchange.
---------------------------------------------------------------------------

    \8\ See, e.g., Securities Exchange Act Release No. 54511
(September 26, 2006), 71 FR 58460, 58461 (October 3, 2006) (SR-PCX-
2005-53).
---------------------------------------------------------------------------

    The Exchange believes that the proposed change is also equitable
and not unfairly discriminatory because the proposed credits would be
available to all ETP Holders and Market Makers to qualify for and would
apply equally to MPL Orders from all ETP Holders and Market Makers.
    Finally, the Exchange notes that certain other exchanges also
structure pricing based on midpoint pricing, including with respect to
applicable volume thresholds that must be satisfied in order to qualify
for such pricing, and that the pricing levels proposed by the Exchange
are competitive with those exchanges.\9\
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    \9\ For example, the Nasdaq Stock Market LLC (``NASDAQ'')
provides a non-tier credit for midpoint liquidity of $0.0014 for
Tape A and B securities and $0.0010 per share for Tape C securities.
See NASDAQ Rule 7018.
---------------------------------------------------------------------------

    The Exchange believes that the changes to replace the term, ``Mid-
Point Passive Liquidity'' with the defined term, ``MPL'' throughout the
fee schedule is reasonable because it will make the Fee Schedule
clearer and easier to understand.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition. In such an environment, the
Exchange must continually review, and consider adjusting, its fees and
credits to remain competitive with other exchanges. For the reasons
described above, the Exchange believes that the proposed change
reflects this competitive environment. For these reasons, the Exchange
believes that the proposal is consistent with the Act.

B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\10\ the Exchange
does not believe that the proposed rule change will impose any burden
on competition that is not necessary or appropriate in furtherance of
the purposes of the Act. Instead, the Exchange believes that the
proposed change will encourage competition, including by attracting
additional liquidity to the Exchange, which will make the Exchange a
more competitive venue for, among other things, order execution and
price discovery. In general, ETP Holders impacted by the proposed
change may readily adjust their trading behavior to maintain or
increase their credits in a favorable manner, and will therefore not be
disadvantaged in their ability to compete. Specifically, all ETP
Holders have the ability to submit MPL Orders and ETP Holders could
readily choose to submit additional MPL Orders on the Exchange in order
to qualify for the proposed credits for MPL Orders.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    Also, the Exchange does not believe that the proposed change will
impair the ability of ETP Holders or competing order execution venues
to maintain their competitive standing in the financial markets. In
this regard, the Exchange notes that certain aspects of the proposed
change are similar to, and competitive with, pricing structures and
applicable fees and credits applicable on another exchange.\11\
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    \11\ See supra note 9.
---------------------------------------------------------------------------

    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee or credit levels at a particular
venue to be unattractive. In such an environment, the Exchange must
continually review, and consider adjusting, its fees and credits to
remain competitive with other exchanges. The credits proposed herein
are based on objective standards that are applicable to all ETP Holders
and reflect the need for the Exchange to offer significant financial
incentives to attract order flow. For these reasons, the Exchange
believes that the proposed rule change reflects this competitive
environment and is therefore consistent with the Act.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \12\ of the Act and subparagraph (f)(2) of Rule
19b-4 \13\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \14\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2015-49 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2015-49. This
file number should be included on the subject line if email is used.
    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE., Washington, DC 20549, on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of the filing will also be
available for inspection and copying at the NYSE's principal office and
on its Internet Web site at www.nyse.com. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2015-49, and should be
submitted on or before July 6, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-14478 Filed 6-12-15; 8:45 am]
 BILLING CODE 8011-01-P


Permit No. MA0004006 Page 1 of 15 AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of the Federal Clean Water Act as amended, ( 33 U. S. C. § § 1251 et seq.; the " CWA", and the Massachusetts Clean Waters Act, as amended, ( M. G. L. Chap. 21, § § 26 53),

East Boston Terminal Company Division of Tosco Corporation is authorized to discharge from a facility located at Tosco East Boston Terminal 467 and 580 Chelsea Street East Boston, Massachsuetts 02128 to receiving water named Chelsea River ( Boston Harbor/ Mystic River Watershed)

in accordance with effluent limitations, monitoring requirements and other conditions set forth herein.

This permit shall become effective on the date of signature.

This permit and the authorization to discharge expire at midnight, five ( 5) years from the effective date.

This Permit supersedes the permit issued on September 28, 1990.

This permit consists of 15 pages in Part I including effluent limitations, monitoring requirements, Attachment A and B, and 35 pages in Part II including General Conditions and Definitions.

Signed this day of _________________________ __________________________ Director Director Office of Ecosystem Protection Division of Watershed Management Environmental Protection Agency Department of Environmental Protection Boston, MA Commonwealth of Massachusetts Boston, MA Permit No. MA0004006 Page 2 of 15 PART I A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1. During the period beginning the effective date and lasting through expiration, the permittee is authorized to discharge treated effluent from outfall serial number 001 to the Chelsea River. The discharge is comprised of stormwater, tank truck washwater,

hydrostatic tank and line water, as well as groundwater from remedial wells which is treated by a wastewater treatment system consisting of multimedia filters and activated carbon filters. In addition, tank bottom water from onsite, if discharged, is pretreated by a portable granular activated carbon system prior to discharge to the wastewater treatment system. Such discharges shall be limited and monitored by the permittee as specified below.

2. Effluent Characteristic Units Discharge Limitation Monitoring Requirement Average Monthly6 Average Weekly Maximum Daily7 Measurement Frequency Sample Type Flow1,3 MGD Report  Report Continuous Meter Total Suspended Solids ( TSS) mg/ l 30  100 1/ Month Grab Oil and Grease mg/ l   15 1/ Month Grab Polynuclear Aromatic Hydrocarbons ( PAHs)

Single Chemical Sum of all PAH's present ng/ l2 ng/ l2

 31 31 1/ Month 1/ Month Grab Grab Permit No. MA0004006 Page 3 of 15 Volatile Organic Compounds Benzene Toluene Ethylbenzene Xylenes ( total 3 isomers) ug/ l ug/ l ug/ l ug/ l          40 Report Report Report 1/ Month 1/ Month 1/ Month 1/ Month Grab Grab Grab Grab LC 50 4,5 %   > 50 2/ Year Grab Lead, total ug/ l   Report 4/ Year Grab Footnotes:

1. For flow, report maximum and minimum daily rates and total flow for each operating date.

2.. ng/ l stands for nanograms per liter. See Part I. A. 2. o. for the limit at which compliance/ noncompliance is based, see Part I. A. 2. o. for sampling details.

3. See Part I. A. 4. for flow rate control requirements.

4. The LC 50 is the concentration of effluent which causes mortality to 50% of the test organisms. Therefore, a > 50% limit means that a sample of 50% effluent shall cause no more than a 50% mortality rate.

5. The permittee shall conduct acute toxicity tests at Outfall 001 two times per year in March and September for chemical analysis, and shall be analyzed in accordance with the protocol established in Attachment A. A 48 hour acute WET test will be performed on each sample using one specie, Mysid shrimp ( Mysidopsis Bahia) according to the procedure in Attachment A Acute Toxicity Procedure and Protocol, dated September 1996. Results from the toxicity testing shall be submitted within 30 days after the sampling date with the routine Discharge Monitoring Reports ( DMRs).

Acute WET testing is used to determine the effluent concentration, by volume, that is lethal to 50 percent of the test organisms within a prescribed period of time, for this permit, 48 hours or less. Death is the effected measure. Effluent toxicity measured is expressed as the median lethal concentration, in percent effluent by volume, or LC 50.

6. Average monthly discharge limitation as defined in 40 CFR Part 122.2 is the highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month. Additional samples for TSS may be taken throughout the month in an effort to comply with the average monthly discharge limit.

7. Maximum daily discharge as defined in 40 CFR Part 122.2 means the highest allowable Permit No. MA0004006 Page 4 of 15 daily discharge.

8. The permittee shall collect samples for total lead during the months of March, June, September and December. Permit No. MA0004006 Page 5 of 15 Part I. A. 2.

a. The discharge shall not cause a violation of the water quality standards of the receiving waters.

b. There shall be no discharge of floating solids or visible foam other than in trace amounts.

c. The pH of the effluent shall not be less than 6.5 nor greater than 8.5 at any time, unless these values are exceeded due to natural causes ( 314 CMR 4.03( 5)).

d. The discharge shall not cause objectionable discoloration of the receiving waters.

e. The effluent shall contain neither a visible oil sheen, foam, nor floating solids at any time.

f. As listed in 40 CFR Part 136, method 610 PAHs , see Attachment B for PAH listing.

g. The discharge shall not contain materials in concentrations or combinations which are hazardous or toxic to human health, aquatic life of the receiving surface waters or which would impair the uses designated by its classification.

h. The discharge shall not impart color, taste, turbidity, toxicity, radioactivity or other properties which cause those waters to be unsuitable for the designated uses and characteristics ascribed to their use.

i. Notwithstanding specific conditions of this permit, the effluent must not lower the quality of any classified body of water below such classification, or lower the existing quality of any body of water if the existing quality is higher than the classification.

j. There shall be no discharge of tank bottom drawoffs alone or in combination with other wastewater unless specifically approved by the U. S. Environmental Protection Agency ( EPA) and the Massachusetts Department of Environmental Protection ( DEP). The permittee must demonstrate that the proposed treated tank bottom drawoffs meet a Whole Effluent Toxicity ( WET) LC 50, for Mysid Shrimp, limit of > 50% effluent as well as all the chemical and physical effluent limitations for Outfall 001.

k. Chemicals ( i. e. disinfecting agents, detergents, emulsifiers, etc.), bioremedial agents including microbes shall not be added to the collection and treatment systems without prior approval by EPA and the DEP to prevent hydrocarbon and/ or particulate matter carryover into the Chelsea River.

l. The bypass of stormwater runoff, wash water, or water used at the facility is prohibited, except during naturally occurring precipitation from severe weather incidents such as a hurricane. Each bypass shall be reported in the appropriate monthly DMR, indicating the Permit No. MA0004006 Page 6 of 15 estimated duration of the bypass.

m. EPA may modify this permit in accordance with EPA regulations in 40 Code of Federal Regulations ( CFR) § 122.62 and § 122.63 to incorporate more stringent effluent limitations, increase the frequency of analyses, or impose additional sampling and analytical requirements.

n. The appearance of any size sheen attributable to the discharge from the Tosco East Boston terminal shall be reported immediately by the permittee to the appropriate U. S. Coast Guard Officer in accordance with Section 311 of the Clean Water Act ( CWA). This requirement is separate and distinct from the National Pollutant Discharge Elimination System ( NPDES)

permit requirements.

o. Compliance/ non compliance for PAHs will be based on the Minimum Level ( ML). ML is defined as the level at which the entire analytical system gives recognizable mass spectra and acceptable calibration points. This level corresponds to the lower points at which the calibration curve is determined based on analysis for the pollutant of concern in reagent water. It has been determined that the ML for each of the PAHs listed in Attachment C of the fact sheet is 10 ug/ l. The ML for each PAHs will be 10 ug/ l. The sum of all 16 PAHs must not exceed 50 ug/ l. Neither the designated ML or the sum of all 16 PAHs can be changed except for a major modification.

p. Monitoring at Outfall 001 will be done in accordance with the following protocol:

( 1). A grab sample shall be taken within the first hour after discharge begins. A negative Discharge Monitoring Report shall be submitted for each month that there is no discharge.

( 2). The biological sample will be a portion of the sample taken within the first hour after the discharge begins and the analysis shall be in accordance with Attachment A. The biological samples will be taken during the months of March and September. See I. A. 2. j.

q. Laboratory Protocol ( 1). The quantitative methodology used for the PAH analysis must be capable of achieving a detection limit of less than or equal to 10 ug/ l. The analysis for benzene, toluene, ethylbenzene, and xylene must achieve a detection limit of equal to Permit No. MA0004006 Page 7 of 15 or less than 2.5 ug/ l.

( 2). The permittee shall provide a copy of the laboratory data sheets for each PAH and biological analysis giving test methods and the detection limit for each compound. Whenever possible, the analysis for BETX, PAHs and biological tests shall be from a split sample or separate samples taken in rapid sequence. BETX compounds can be analyzed using EPA's Method 602 with the addition of a xylene standard. The instrument calibration and the amount of quality control performed will be the same as for the other BETX compounds.

Part I. A. 3.

All existing manufacturing, commercial, mining and silvicultural dischargers must notify the Director as soon as they know or have reason to believe:

a. That any activity has occurred or will occur which would result in the discharge, on a routine basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following " notification levels:"

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

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

( 3) Five ( 5) times the maximum concentration value reported for that pollutant in the permit application in accordance with 40 C. F. R. § 122.21( g)( 7); or ( 4) Any other notification level established by the Director in accordance with 40 C. F. R. § 122.44( f).

b. That any activity has occurred or will occur which would result in the discharge, on a nonroutine or infrequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following " notification levels:"

( 1) Five hundred micrograms per liter ( 500 ug/ l);

( 2) One milligram per liter ( 1 mg/ l) for antimony;

( 3) Ten ( 10) times the maximum concentration value reported for that pollutant in the permit application in accordance with 40 C. F. R. § 122.21( g)( 7).

( 4) Any other notification level established by the Director in accordance with 40 Permit No. MA0004006 Page 8 of 15 C. F. R. § 122.44( f).

c. That they have begun or expect to begin to use or manufacture as an intermediate or final product or byproduct any toxic pollutant which was not reported in the permit application.

Part I. A. 4.

Wastewater Treatment System Flow Control The permittee shall control the water flow rate through the wastewater treatment system to the optimum design flow via a continuous recording flow meter. On the effective date of the permit, using continuous recording flow meters, the permittee shall manually control the flow to the wastewater treatment system. Alternatively, the permittee may request that the Regional Administrator accept substitution of an alternate method of control which may include the following:

a. A flow reduction or constriction device to prevent the flow through the wastewater treatment system from ever exceeding the maximum design flow rate or,

b. by demonstrating to EPA and MADEP that the operational procedures are sufficiently clear and rigid that operator ( s) will not exceed the maximum design flow rate of the wastewater treatment system by concurrently draining more diked or undiked areas than prescribed in the procedures or,

c. by any other means of control that prevents the flow from exceeding the maximum design flow rate of the wastewater treatment system.

The permittee shall conduct periodic compliance evaluations of the methods of control for regulating water flow rate and treating and managing storm water through the wastewater treatment system, as described in the Best Management Practices Plan requirements.

Part I. A. 5.

Toxics Control a. The permittee shall not discharge any pollutant or combination of pollutants in toxic amounts.

b. Any toxic components of the effluent shall not result in any demonstrable harm to aquatic life or violate any state or federal water quality standard which has been or may be promulgated. Upon promulgation of any such standard, this permit may be revised or amended in accordance with such standards. Permit No. MA0004006 Page 9 of 15 Part I. A. 6.

Numerical Effluent Limitations for Toxicants EPA or DEP may use the results of the toxicity tests and chemical analyses conducted pursuant to this permit, as well as national water quality criteria developed pursuant to Section 304( a)( 1) of the Clean Water Act( CWA), state water quality criteria, and any other appropriate information or data, to develop numerical effluent limitations for any pollutants, including but not limited to those pollutants listed in Appendix D of 40 CFR Part 122.

B. BEST MANAGEMENT PRACTICES PLAN The permittee shall update and implement the existing Best Management Practices ( BMP) plan to achieve the stated objectives and which conforms to the following requirements:

1. General Conditions a. General Objectives The objectives of the BMP plan are to minimize the potential for violations of terms of the permit; to protect the designated water uses of the surrounding surface water bodies, and to mitigate pollution from material storage areas, in plant transfer, process and material handling areas, loading and unloading operations, plant site runoff and accidental spills. Both wet weather and dry weather conditions are to be considered in the BMP plan.

b. Implementation An updated BMP plan shall be developed within 90 days of the effective date of the permit and a copy of the final BMP plan shall be submitted to EPA and the State. The permittee shall submit a statement that certifies that the BMP plan has been updated and it shall be implemented in accordance with its schedule and requirements. This certification shall be signed in accordance with NPDES General Requirements, Part II. D. 2 Implementation of all aspects of the plan shall commence no later that 12 months after the effective date of the permit. ( see part I. B. 3 Implementation Schedule below) unless a later date is approved in writing by the Regional Administrator and the Director.

c. General Requirements Permit No. MA0004006 Page 10 of 15 The BMP plan shall:

( 1) Be documented in narrative form, and shall include any necessary plot plans, drawings, or maps.

( 2) Establish specific objectives for the control of toxic and hazardous pollutants.

( a) Each facility component or system will be examined for its potential for causing a release of significant amounts of toxic and hazardous pollutants to surface waters due to equipment failure, improper operation, natural phenomena such as precipitation, etc.

Locations at which bypasses of the treatment systems may occur as well as projected conditions under which a bypass may be necessary will be submitted.

( b) Where experience indicates a reasonable potential for equipment failure ( e. g. a tank overflow or leakage), natural phenomena ( e. g., precipitation), or other circumstances to result in significant amounts of toxic or hazardous pollutants reaching surface waters, the plan shall include a prediction of the direction, rate of flow and total quantity of toxic or hazardous pollutants which could be discharged, from the facility as a result of each condition or circumstances.

( 3) Establish specific best management practices to meet the objectives identified under Part I. B. 1. c.( 2) of this section, addressing each component of system capable of causing a release of significant amounts of toxic or hazardous pollutants to surface waters. Examples are: specific practices to minimize and/ or control the use of bypasses shall be identified, maximum flow rate control through the wastewater treatment system, etc.

( 4) Include any special conditions established in accordance with Part I. B. 2 Specific Conditions, below.

( 5) Be reviewed by plant engineering staff and the terminal manager.

d. Specific Requirements The plan shall be consistent with the general guidance contained in the publication entitled " NPDES Best Management Practices Guidance Documents" and shall consider the following base line BMP's as a minimum:

( 1) BMP Committee ( 2) Report BMP Incidents ( 3) Risk Identification and Assessment Permit No. MA0004006 Page 11 of 15 ( 4) Employee Training ( 5) Inspections and Records ( 6) Preventive Maintenance ( 7) Good Housekeeping ( 8) Material Compatibility ( 9) Security e. SPCC Plans and Standard Company Operational Procedures The BMP plan may reflect requirements for Spill Prevention Control and Countermeasure ( SPCC) plans under Section 311 of the Act and 40 CFR Part 112, and may incorporate any part of such plans into the BMP plan by reference. Any promulgated Standard Company Operational procedures may be incorporated into the BMP plan by reference. Copies of both the SPCC plan and operational procedures will be attached to the BMP plan for convenience in referencing the appropriate sections.

f. Hazardous Water Management The permittee shall assure the proper management of solid and hazardous waste in accordance with regulations promulgated under the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act ( RCRA) of 1978 ( 40 U. S. C. 6901 et seq), or amendments thereto. Management practices required under RCRA regulation shall be referenced in the BMP plan.

g. Documentation The permittee shall maintain a description of the BMP plan at the facility and shall make the plan available to the Regional Administrator and the Director upon request.

h. BMP Plan Modification The permittee shall submit to the Regional Administrator and the Director an amended BMP plan within 30 days of a change in the physical facility or a change in the operational procedures of the facility which materially increases the potential for the ancillary activities to result in a discharge of significant amounts of hazardous or toxic pollutants.

i. Modification for Ineffectiveness If the BMP proves to be ineffective in achieving the general objective of preventing the release of significant amounts of toxic or hazardous pollutants to surface waters and the specific objectives and requirements under under Part I. B. 2. herein, the permit and/ or the BMP plan shall be subject to modification ( 40 CFR § 122.64 and § 122.63) to incorporate Permit No. MA0004006 Page 12 of 15 revised BMP requirements.

2. Specific Conditions a. All surface runoff from process or work areas at the facility shall be treated or contained and diverted to the final treatment system. Process or work areas are defined for the permit as all those areas subject to spills and leaks of raw materials or products containing toxic or hazardous substances, i. e. diked areas, docks, loading and unloading areas, yard areas, etc.

( 1) Treatment, at a minimum, shall consist of an efficiently operated wastewater treatment system.

( 2) The final treatment system must be capable of treating and/ or containing in a holding basin a total volume of surface runoff, from process areas defined in Part I. B. 2. a above, produced by 24 hour rainfall occurring with a frequency of once in 10 years.

The permittee shall provide a detailed design showing optimum and maximum oil and water flow rates for the wastewater treatment system and other treatment equipment now in use or any proposed treatment equipment for Outfall 001 ( e. g. if an o/ w separator is used). This design criteria shall include but not be limited to sketches of the equipment, the design water flow capacity, the design oil recovery rate, the design specific gravities of the oil and water, design oil droplet size, and design operating temperature range.

The contents of any diked area or holding basin shall be released to the final treatment system subject to Specific Condition I. B. 2. a.( 3) immediately below.

( 3) The release of runoff from any diked area or holding basin shall be controlled so that this discharge alone or in combination with all other wastewaters does not exceed the optimum design flow rate for the wastewater treatment system or cause violations of effluent limitations specified in Parts I. A. 1, and I. A. 2, for Outfall 001. Note: The tank bottoms drawoffs shall conform to the requirements in Part I. A. 2. j before release.

b. All storm water runoff accumulated in the tank diked areas shall be discharged, only if, for each discharge event, a visual inspection is made of the diked areas to ensure that the treatment system can handle the released water and any apparent pollutant load. Permit No. MA0004006 Page 13 of 15 c. The existing capability to divert storm water drainage bypassing Outfall 001, shall be subject to Parts I. B. 2. a. and Parts I. B. 2. b.

d. The BMP plan shall specifically address the adequacy of containment of leaks and spills in the storage areas and truck loading area. Adequate containment must exist at these locations so as to prevent untreated discharges from reaching any surface water.

e. A schedule for routinely monitoring and cleaning the wastewater treatment system shall be specified in the BMP plan. In addition, the BMP plan shall establish procedures for insuring compliance with part I. B. 1 General Conditions and part I. B. 2. Specific Conditions during such cleaning or maintenance periods.

f. The disposal procedures for tank bottom sludge, sediment, and any washdown waters containing detergents, dispersants, emulsifiers, etc. will be addressed in the BMP plan.

3. Implementation Schedule a. Construction of any facilities shall begin within 9 months of the effective date of the permit.

b. All construction required by the BMP plan and these Specific Conditions shall be completed and the facilities placed in operation within 24 months of the effective date of the permit or at a later date as may be approved by the Regional Administrator and the Director.

c. All aspects of the BMP plan which do not require construction shall be implemented on the submittal date of the BMP plan ( 90 days after the effective date of the permits). All other requirements and conditions shall be implemented upon completion of the respective construction, or within 24 months of the effective date of the permit or at a later date as may be approved by the Regional Administrator and the Director.

d. The EPA and the State may comment on the BMP plan no later than 9 months from the effective date of the permit. If EPA or the State submit comments, the permittee will be given a written explanation of the exact nature of any problems and a reasonable period of time ( usually not to exceed 90 days) to resubmit a modified BMP plan addressing those concerns.

4. BMP Reporting Requirements a. The permittee shall prepare and submit an annual BMP report to the EPA and the DEP by June 30. This report shall address the adequacy of the BMP plan in achieving the general objective of preventing the release of significant amounts of toxic or hazardous pollutants Permit No. MA0004006 Page 14 of 15 to surface waters and the specific objectives and requirements under Parts I. B.( 1)( c), and ( d). In addition it shall also include :

( 1) A list of fuels, additives and chemicals stored in bulk at the facility.

( 2) Estimate the volume of tank bottom drawoffs disposed by facility during the previous reporting period and disposition of those tank bottom drawoffs.

( 3) A list of any changes in activities at the facility such as but not limited to changes in the product line, stormwater collection system, treatment and discharge system, and significant physical facility changes such as the number of storage tanks used, the size of the land parcel, new docks new loading racks, etc.

C. UNAUTHORIZED DISCHARGES The permittee is authorized to discharge only in accordance with the terms and conditions of this permit and only from those outfalls listed in Part I A. 1. and 2. of this permit. Discharges of wastewater from any other point source are not authorized and shall be reported in accordance with Section D. 1. e. ( 1) of the General Requirements of this permit ( Twenty four hour reporting).

D. MONITORING AND REPORTING 1. Reporting Monitoring results obtained during the previous month shall be summarized for each month and reported on separate Discharge Monitoring Report Form( s) postmarked no later than the 15th day of the month following the effective date of the permit.

Signed and dated originals of these, and all other reports required herein, shall be submitted to the Director and the State at the following addresses:

Environmental Protection Agency Water Technical Unit ( SEW) P. O. Box 8127 Boston, Massachusetts 02114 Permit No. MA0004006 Page 15 of 15 The State Agency address for all reports except toxicity tests is:

Massachusetts Department of Environmental Protection Northeast Regional Office 205A Lowell Street Wilmington, MA 01887 Signed and dated DMRs, and toxicity test reports required by this permit shall be submitted to the State at:

Massachusetts Department of Environmental Protection Division of Watershed Management Watershed Planning and Permitting Section 627 Main Street, 2nd Floor Worcester, Massachusetts 01608 E. STATE PERMIT CONDITIONS 1. This Discharge Permit is issued jointly by the U. S. Environmental Protection Agency ( EPA) and the Massachusetts Department of Environmental Protection ( DEP) under Federal and State law, respectively. As such, all the terms and conditions of this permit are hereby incorporated into and constitute a discharge permit issued by the Commissioner of the MA DEP pursuant to M. G. L. Chap. 21, § 43.

2. Each Agency shall have the independent right to enforce the terms and conditions of this Permit. Any modification, suspension or revocation of this Permit shall be effective only with respect to the Agency taking such action, and shall not affect the validity or status of this Permit as issued by the other Agency, unless and until each Agency has concurred in writing with such modification, suspension or revocation. In the event any portion of this Permit is declared, invalid, illegal or otherwise issued in violation of State law such permit shall remain in full force and effect under Federal law as a NPDES Permit issued by the U. S. Environmental Protection Agency. In the event this Permit is declared invalid, illegal or otherwise issued in violation of Federal law, this Permit shall remain in full force and effect under State law as a Permit issued by the Commonwealth of Massachusetts.