EDMS Municipal Separate Storm Sewer Systems (MS4) NOI
Instructions for Completing the Notice of Intent (NOI) for Storm Water Discharges Associated with Industrial Activity under the APDES Municipal Separate Storm Sewer Systems (MS4).
Additional Facility Information (2C and 2D) Section
Additional Facility Information (2E and 2F) Section
Contract Analysis Information Section
Existing Environmental Permits Section
Exceptions to Statewide Standards Section
Anti-Degradation Waterbody Information Section
SECTION A – GENERAL INSTRUCTIONS
SECTION C – ACTIVITIES THAT DO NOT REQUIRE AN APDES PERMIT
Enter the name of the contact person, title, and the legal name of the firm, public organization, or any other entity that operates the facility described in this application. An operator of a facility is a legal entity that controls at least a portion of site operations and is not necessarily the site manager. Enter the operator’s mailing address, telephone number, and e-mail address. Correspondence for the NOI will be sent to this address. Reissuance: see dropdown arrow, edit as necessary.
Enter contact information for the Applicant (Responsible Official), SWPPP contact, and Application preparer, and Billing contact. Enter the name of the contact person and the legal name of the firm, public organization, or any other public entity that is responsible for accounts payable for this facility. Correspondence for billing purposes will be sent to this address. See 18 AAC 72.956 for applicable authorization fee to be paid with the submittal of the NOI. Reissuance: see dropdown arrow, edit as necessary.
Select role(s) for contact. Note: Multiple roles may be selected per contact.
If applicable, enter Name of Receiving Treatment Works and Area Control.
Enter Facility Name.
Indicate whether the facility is a new or existing facility.
Nature of Business: briefly provide a description of the facility and the discharge(s) requiring a permit.
Enter complete street address, including city, state, zip code, and county or similar government subdivision of the facility. Do NOT use a P.O. Box. If the facility lacks a street address, indicate the general location of the site (e.g., Intersection of State Highways 61 and 34). Complete facility location information must be provided for permit authorization to be granted. Reissuance: see dropdown arrow, edit as necessary.
Select correct borough for facility location.
Indicate whether the facility mailing address is the same as physical address. If ‘No’, enter complete mailing address, including city, state, and zip code.
Facility Contact Information: enter the name, title, work telephone number, and e-mail address of a person who is thoroughly familiar with the operation of the facility and with the facts reported in this application and who can be contacted by reviewing offices if necessary. Reissuance: see dropdown arrow, edit as necessary.
Enter the latitude and longitude of the facility in decimal degrees format with up to 6-digit accuracy. You can obtain your facility’s latitude and longitude through Global Positioning System (GPS) receivers, internet map service, U.S. Geological Survey (USGS) quadrangle or topographic maps, or EPA’s web-based siting-tools, among other methods. For consistency, DEC requests that measurements be taken from the approximate center of the facility. Reissuance: see dropdown arrow, edit as necessary.
Select the method used to determine geographic coordinates.
Select the North American Industry Classification System code (NAICS) that best describes the primary activity your facility is primarily engaged as defined in MSGP Appendix D. Reissuance should pre-fill, edit if necessary.
Select the Standard Industry Code (SIC) code that best describes the primary activity your facility is primarily engaged. Reissuance: see dropdown arrow, edit as necessary.
Indicate whether the facility is located on Indian Country.
Indicate whether treatment work discharge to a receiving water that is either in Indian Country or that is upstream from (and eventually flows through) Indian Country.
Indicate whether the discharge associated with this permit is located within a coastal zone boundary of an approved coastal district.
Pollutant Characteristics – Answer the questions with “Yes” or “No”, if answered with “Yes”, additional information will be required, and a new section will appear
Enter the estimated area of industrial activity at your facility exposed to storm water, in acres. Indicate to the nearest tenth of an acre. Note: 1 acre = 43,560 sq. ft.
Identify the type(s) of category of Operator.
Identify Type(s) of Activities at the facility.
Enter Outfall Name or Number.
Enter date expected to begin discharging if new authorization.
Enter the latitude and longitude of the outfall in decimal degrees format with up to 6-digit accuracy. You can obtain your facility’s latitude and longitude through Global Positioning System (GPS) receivers, internet map service, U.S. Geological Survey (USGS) quadrangle or topographic maps, or EPA’s web-based siting-tools, among other methods. For consistency, DEC requests that measurements be taken from the approximate center of the facility. Reissuance: see dropdown arrow, edit as necessary.
Enter name of Receiving Water.
Flows, Sources of Pollution, and Treatment Technologies
For each outfall, provide a description of all operations contributing wastewater to the effluent from that outfall, including process wastewater, sanitary wastes, cooling water, and storm water runoff; the average flow contributed by each operation; and the treatment received by the wastewater.
General Instructions (answer yes, to show list of treatment codes)
Line Drawing
Attach a line drawing showing the water flow through the facility. Indicate sources of intake water, operations contributing wastewater to the effluent, and treatment units labeled to correspond to the more detailed descriptions in the Operations Contributing Flow table. Construct a water balance on the line drawing by showing average flows between intakes, operations, treatment units, and outfalls. If a water balance cannot be determined (e.g., for certain mining activities), provide a pictorial description of the nature and amount of any sources of water and any collection or treatment measures.
Intermittent Discharges
Enter any details about the intermittent or season flow of your outfall(s).
Production
If there is an applicable production-based effluent limitations guideline or a new source performance standard (NSPS), list the estimated level of production (projection of actual production level, not design) for each outfall, expressed in the terms and units used in the applicable effluent limitations guideline or NSPS, for each of the first 3 years of operation. If production is likely to vary, you may also submit alternative estimates (attach a separate sheet in the attachments section).
Effluent Characteristics
These items require you to report estimated amounts (both concentration and mass) of the pollutants to be discharged from each of your outfalls. Each part of this item addresses a different set of pollutants and should be completed in accordance with the specific instructions for that part.
General Instructions (answer yes below, to show list of pollutants)
Each part of this item requests you to provide an estimated daily maximum and average for certain pollutants and the source of information. Data for all pollutants in Group A, for all outfalls, must be submitted unless waived by the Department. For all outfalls, data for pollutants in Group B should be reported only for pollutants which you believe will be present or are limited directly by an effluent limitation’s guideline or NSPS or indirectly through limitations on an indicator pollutant.
Intake and Effluent Characteristics Table Upload
Please download the Form 2C from the Alaska DEC website and fill out tables 6-A, 6-B, 6-C as needed. Upload the finished tables for this current outfall in the attachment section below.
Potential Discharges Not Covered by Analysis
Is any pollutant listing in Table 6-C a substance or a component of a substance which you currently use or manufacture as an intermediate or final product or byproduct? Yes or No.
Additional Facility Information (2C and 2D) Section
Production
Does an effluent guideline limitation promulgated by EPA under Section 304 of the Clean Water Act apply to your facility? Yes or No.
Are the limitations in the applicable effluent guideline expressed in terms of production (or other measure of operation)? Yes or No: if yes, enter Average Daily Production for outfall(s).
Improvements
Are you currently required by any Federal, State, or local authority to meet any implementation schedule for the construction, upgrading, or operations of wastewater treatment equipment or practices or any other environmental programs which may affect the discharges described in this application? This includes, but is not limited to, permit conditions, administrative or enforcement orders, enforcement compliance schedule letters, stipulations, court orders, and grant or loan conditions. Yes or No: if yes, enter information for affected outfall(s).
Additional Water Pollution Control Programs Attachment
Please attach additional sheets describing any additional water pollution control programs (or other environmental projects which may affect your discharges) you now have underway or which you plan. Indicate whether each program is now underway or planned and indicate your actual or planned schedules for construction.
Effluent Characteristics - Toxic Pollutants
List any pollutants which you know or have reason to believe will be discharged from any outfall. For every pollutant you list, briefly describe the reasons you believe it will be present.
General Instructions (answer yes below, to show list of pollutants)
Biological Toxicity Testing Data
Do you have any knowledge or reason to believe that any biological test for acute or chronic toxicity has been made on any of your discharges or on a receiving water in relation to your discharge within the last 3 years? Yes or No: if yes, enter information for affected discharge(s).
Contract Analysis Information
Were any of the analyses reported in the previous section under Intake and Effluent Characteristics performed by a contract laboratory or consulting firm? Yes or No: if yes, enter information in Contract Analysis Information Section.
Engineering Report on Wastewater Treatment
If there is any technical evaluation concerning your wastewater treatment, including engineering reports or pilot plant studies, check the appropriate box. If report(s) are available, enter name and location.
Additional Facility Information (2E and 2F) Section
Enter date expected to begin discharging if new authorization.
Check the box(es) indicating the general type(s) of wastes discharged.
If any cooling water additives are used, list them here. Briefly describe their composition if this information is available.
Effluent Characteristics
Section A. Existing Sources – Provide measurements for the parameters listed in the left-hand column below, unless waived by the department (see instructions).
Section B. New Sources – Provide estimates for the parameters listed in the left-hand column, unless waived by the department. Instead of the number of measurements taken, provide the source of the estimated values (see instructions).
Seasonality
Except for stormwater runoff, leaks, or spills, will the discharge described in this form be intermittent or seasonal? Yes or No: if yes, describe the frequency of flow and duration, and briefly describe any treatment system(s) currently in use or to be used.
Expand upon any of the above questions or to bring to the attention of the reviewer any other information you feel should be considered in establishing permit limitations for the proposed facility. Attach additional sheets if necessary.
Improvements
Are you currently required by any Federal, State, or local authority to meet any implementation schedule for the construction, upgrading, or operations of wastewater treatment equipment or practices or any other environmental programs which may affect the discharges described in this application? This includes, but is not limited to, permit conditions, administrative or enforcement orders, enforcement compliance schedule letters, stipulations, court orders, and grant or loan conditions? Yes or No: if yes, enter information for affected outfall(s).
Site Drainage Map
Attach a site map showing topography (or indicating the outline of drainage areas served by each outfall covered in the application if a topographic map is unavailable) depicting the facility including: each of its intake and discharge structures; the drainage area of each stormwater outfall; paved areas and buildings within the drainage area of each stormwater outfall, each known past or present areas used for outdoor storage or disposal of significant materials, each existing structural control measure to reduce pollutants in stormwater runoff, materials loading and access areas, areas where pesticides, herbicides, soil conditioners, and fertilizers are applied; each of its hazardous waste treatment, storage, or disposal units (including each area not required to have a RCRA permit which is used for accumulating hazardous waste under 40 CFR 262.34); each well where fluids from the facility are injected underground, springs, and other surface water bodies which receive storm water discharges from the facility.
Biological Toxicity Testing Data
Do you have any knowledge or reason to believe that any biological test for acute or chronic toxicity has been made on any of your discharges or on a receiving water in relation to your discharge within the last 3 years? Yes or No: if yes, identify the test(s) and describe their purpose(s).
Contract Analysis Information
Were any of the analyses reported in the previous section under Intake and Effluent Characteristics performed by a contract laboratory or consulting firm? Yes or No: if yes, enter information in Contract Analysis Information Section.
Contract Analysis Information Section
Enter all information needed for the laboratory details including pollutants analyzed (add rows as necessary).
Existing Environmental Permits Section
Provide permit number or note if applied for any of the permits listed.
Exceptions to Statewide Standards Section
Complete the questions to determine whether any additional information must be submitted to request a reduction of water quality under the State’s antidegradation policy at 18 AAC 70.015.
Anti-Degradation Waterbody Information Section
Antidegradation analysis is tier-specific and the department findings for Tier 1 and Tier 2 are on a parameter-by-parameter basis. Analysis and department findings for Tier 3 water are on a basis of a designated water.
For each waterbody and parameter of concern combination, you will need to add a new repeating value. If you have the same waterbody with similar information but a different parameter of concern, simply hit the duplicate button below and change the values as needed.
- Provide a list of Parameters of Concern in the discharge, the respective concentrations, persistence, and potential impacts to the receiving water.
- Identify which Tier protection level should apply for each Parameter of Concern.
Information on the parameters that will alter the effects of the discharges
Please attach any documentation needed to explain parameters that will alter the effects of the discharges.
Submit sufficient and credible baseline water quality information for the receiving water which meets the requirements of 18 AAC 70.016(a)(6)(A - C)
Please attach supporting documents as necessary.
Does a discharge of any parameter identified above occur to a Category 4 [305(b)] or Category 5 [303(d)] waterbody listed in the current approved Alaska’s Integrated Water Quality Monitoring and Assessment Report?
Tier 2 Protection Level Analysis
If not identified as requiring only Tier 1 level of protection, Tier 2 is presumed for all water as the default protection level for all parameters [18 AAC 70.016(c)(1)].
Does a discharge of any parameter identified above require Tier 2 analysis as defined under 18 AAC 70.016(c)(2)(A) – (E)? Yes or No: if yes, for each parameter requiring a Tier 2 analysis, provide a description per discharge (e.g., parameter specific per outfall) and analysis of a range of practicable alternatives that have the potential to prevent or lessen the degradation associated with the proposed discharge [18 AAC 70.016(c)(4)].
Social or Economic Importance
Provide information that demonstrates the accommodation of important social or economic development. The applicant shall complete either a social or economic importance analysis (or both) identifying each affected community in the area where the receiving water for the proposed discharge is located.
Tier 3 Protection Level and Analysis
Is the discharge to a designated Tier 3 water? Yes or No.
Currently, the State of Alaska has not designated any Tier 3 waters. See Tier 3 for further information.
Any applicant who indicates the need for a mixing zone on a General Permit Notice of Intent must also fill out all information included in this section. The burden of proof for justifying a mixing zone through demonstrating compliance with the requirements of 18 AAC 70.240 - 18 AAC 70.270 (July 2003) rests with the applicant. ADEC may request additional information when necessary.
Receiving Water Information
Complete section for Marine Discharge or complete section for Freshwater Discharge.
For Marine Discharges:
Provide the maximum current. If possible, provide salinity and temperature data from the receiving water surface to the depth of the discharge port or diffuser. Data from both late inter/early spring and late summer/early fall is preferable.
Provide salinity and temperature data from the surface to the depth of the discharge port or diffuser. Provide actual data or source for the estimate and/or assumed values. Clearly identify data that was estimated or an assumed value that was used. To capture variations with the water column, data from both late winter/early spring and late summer/early fall is preferable. Attach additional descriptions in the attachment section.
For Fresh Water Discharges:
Provide the water body temperature at the time of low flow. Provide the current or flow and approximate width and depth of the water body at low flow. For streams, rivers, or other flowing fresh waters, the volume of flow available for dilution must be determined using:
- The actual flow as determined by gauging data collected concurrent with the discharge; or
- for conventional or nontoxic substances, the 10-year, 7-day low flow (7Q10) appropriate to the period of discharge. (EPA did not approve using the 3-year, 2-day low flow (3Q2) stated in 18 AAC 70.255(f)(2) (July 2003) the 7Q10 is the accepted low flow for conventional or nontoxic substances);
- for toxic substances, the 7Q10 as the chronic criteria design flow and the 10-year, 1-day low flow (1Q10) as the acute criteria design flow for protection of aquatic life; and d. for carcinogens, the harmonic mean flow as the design flow for the protection of human health.
The low flows must be calculated using methods of Ashton and Carlson, Determination of Seasonal, Frequency and Durational Aspects of Streamflow with Regard to Fish Passage Through Roadway Drainage Structures (1984); Carlson, Seasonal, Frequency and Durational Aspects of Streamflow in Southeast and Coastal Alaska (1987); or another appropriate regional regression flow model approved by the department. Numeric water quality criteria apply at all design flows that are equal to or greater than the critical low flows.
Uses of Receiving Water
Disclose locations of any of the listed use categories, distances from discharge to nearby use, and source of information.
Mixing Zone Information
Provide information about the requested mixing zone.
This step will allow you to electronically submit any supporting documents.
Topographic Map
Provide a topographic map or maps of the area extending to at least one mile beyond the property boundaries of the facility. The map must show the outline of the facility, the location of each of its existing and proposed intake and discharge structures, all hazardous waste treatment, storage, and disposal facilities, and each well where it injects fluids underground. Include all rivers, springs, and other surface water bodies in the map area.
Line Drawing
Attach a line drawing showing the water flow through the facility. Indicate sources of intake water, operations contributing wastewater to the effluent, and treatment units. Construct a water balance on the line drawing by showing average flows between intakes, operations, treatment units, and outfalls. If a water balance cannot be determined (e.g., for certain mining activities), provide a pictorial description of the nature and amount of any sources of water and any collection or treatment measures.
Document Attachments
Include any additional documents you would like submitted with this NOI.
This step allows you to certify the form as complete and accurate and to submit the form to DEC for review and processing.
At the time of submission, it will be transmitted to DEC, and it will become part of the public record.
SECTION A – GENERAL INSTRUCTIONS
Who Must Apply With the exception of the activities described in Section C of these instructions, state laws prohibit the discharge of pollutants into the waters of the United States without a permit (18 AAC 83.015). This application form must be used to apply for an APDES permit administered by the Alaska Department of Environmental Conservation (ADEC). Applicants should contact ADEC with any questions regarding whether an APDES permit is required and to obtain application forms. State laws provide for severe penalties if a permit is not applied for when required. Form 1 of the APDES application forms collects general information applying to the APDES program. With the exception of POTWs and other treatment works treating domestic sewage, these facilities must complete Form 2A. In addition to Form 1, one or more of the following supplementary forms (Forms 2B, 2C, 2D, 2E, or 2F), must also be submitted. Section 6 of Form 1 provides guidance to the appropriate supplementary forms. 2B. Concentrated Animal Feeding Operations and Aquatic Animal Production Facilities 2C. Existing Manufacturing, Commercial, Mining, and Silvicultural Operations 2D. New Sources and New Dischargers: Application to Discharge Process Wastewater 2E. Facilities Which Do Not Discharge Process Wastewater 2F. Stormwater Discharges Associated with Industrial Activity Note that there are certain exclusions to the permit requirements listed above. The exclusions are described in detail In Section C of these instructions. Certain activities are excluded from permit requirements and do not require the submission of any forms. Fees ADEC requires a fee for APDES permitting and compliance services in accordance with state regulations. An applicant must pay the appropriate fee listed in Table F of 18 AAC 72.957 for authorization to discharge pollutants under an APDES individual permit or for certification of an NPDES individual permit issued by EPA, as required by 33 U.S.C. 1341. Availability of Information to Public Information contained in this application form or its attachments will, upon request, be made available to the public for inspection and copying. A permit applicant may assert a claim of confidentiality for proprietary or confidential business information by stamping the words “confidential business information” on each page of a submission containing proprietary or confidential business information. The Department will treat the stamped submission as confidential if the information satisfies 40 CFR §2.208, adopted by reference in 18 AAC 83.010(a), and is not otherwise required to be made public under state law. A claim of confidentiality may not be asserted for the name and address of any permit applicant or permitee, a permit application, a permit, effluent data, sewage sludge data, or any information required by APDES or NPDES application forms provided by the Department, whether submitted on the forms themselves or in any attachments used to supply information required by the forms. The Department will notify EPA of a confidentiality claim when providing EPA with information submitted to the Department containing a claim of confidentiality. Completeness An application for an APDES permit will be considered complete when the permit fee required under 18 AAC 83.905 is paid and the Department, in its sole discretion, determines that the application form and any supplemental information are satisfactory. Every question on this form and any additional required forms must be answered; if a particular item does not fit the circumstances or characteristics of the facility or activity “NA” (for not applicable) may be entered. If information previously submitted to the Department answers a question, a copy of the previous submission may be attached. Attach a separate sheet entitled “Additional Information” if more space is necessary to answer a question. Financial Assistance for Pollution Control There are a number of direct loans, loan guarantees, and grants available to firms and communities for pollution control expenditures. These are provided by the Small Business Administration, the Economic Development Administration, the U.S. Department of Agriculture, and the Department of Housing and Urban Development. Each EPA Regional office has an economic assistance coordinator who can provide additional information. ADEC Facilities Program administers grant and loan programs for construction of domestic wastewater treatment facilities. Visit the ADEC Facilities Program web pages by clicking the links for the loan and grant programs at http://www.dec.state.ak.us/water/index.htm or call 907-269-7502 for more information. In addition, the Alaska Department of Commerce, Community, and Economic Development (DCCED) can also provide financial assistance. Access the DCCED web page at https://www.commerce.alaska.gov/web/ or call 907-269-8100 for more information. Retention of Records An applicant shall keep records of all data used to complete a permit application and any supplemental information submitted with the permit for a period of at least three years from the application signature date [18 AAC 83.305(d)]. Questions regarding the information requested on any APDES application form may be directed to the following: Anchorage: Phone: 907-269-6285 Fax: 907-269-3487 Fairbanks: Phone: 907-451-2100 Fax: 907-451-2187 Juneau: Phone: 907-465-5300 Fax: 907-465-5274 Email: DEC.Water.WQPermit@alaska.gov ‘SECTION B – INSTRUCTIONS FOR FORM 1 Who Must File Form 1 This form must be completed by all applicants other than publicly owned treatment works (POTWs) and other treatment works treating domestic sewage (TWTDS). POTWs and TWTDS must fill out form 2A only.
Section 1 – Facility Information Enter the facility’s official or legal name. Do not use a colloquial name. Provide the complete physical address or location of the facility. If the facility does not have a street name or number, give the most accurate alternative geographic information (e.g. distance from or in the vicinity of a geographic identifier). Include the latitude and longitude of the site to the sixth decimal place. For latitude and longitude information interpolated from a hardcopy map, the fourth decimal place is acceptable, and the source map scale must be provided. The preferred location information will be provided as the latitude and longitude in decimal degrees, Alaska Albers Projection, North American Datum of 1983. The preferred source of the coordinates will be by a GPS unit, but other methods will be accepted, including GPS, survey, internet (such as Topozone.com), and printed map. Clearly identify the facility reference point (e.g. facility front door, center of building, etc.) horizontal accuracy and unit of measurement (e.g. 10 meters), and horizontal datum. List, in descending order of significance, up to 4 North American Industry Classification System (NAICS) codes (formerly Standard Industrial Classification (SIC) codes), that best identify the principal products or services provided by the facility. For additional information on coastal zone boundaries, see 11 AAC 110.010, Applicability of the Alaska Coastal Management Consistency Review Program.
Section 2 – On-Site Contact Information Give the name, title, work telephone number, and e-mail address of a person who is thoroughly familiar with the operation of the facility and with the facts reported in this application and who can be contacted by reviewing offices if necessary. Attach supplemental information if contact information changes seasonally.
Section 3 – Responsible Party Information Give the name, as it is legally referred to, of the person, firm, public organization, or other entity who is responsible for operating the facility described in this application. This may or may not be the same name as the facility. Do not use a colloquial name. The responsible party is the legal entity that controls the facility’s operation rather than the plant or site manager. All correspondence will be sent to the identified party at this address. Check the appropriate box to indicate the legal status of the responsible party. Indicate “public” for a facility solely owned by local government(s), such as a city, town, borough, etc.
Section 4 – Consultant Information If a consultant assisted in the preparation of this application, provide the consultant’s name, title, affiliated company (if applicable), complete mailing address, work telephone number, and e-mail address.
Section 5 – Existing Environmental Permits Provide the permit number of all permits or construction approvals presently effective or applied for under any of the listed programs. If more than one permit is currently effective for the facility under a particular permit program, list additional permit numbers on a separate sheet of paper. List any relevant federal, state, or local environmental permits or applications under “other.”
Section 6 – Pollutant Characteristics Answer each question to determine which supplementary forms are required. The glossary in Section D of these instructions contains legal definitions of the bold-faced words. Refer to Section C of these instructions to determine whether an activity is excluded from permit requirements. If none of the conditions in Section 6 require additional forms to be submitted, then Form 1 does not need to be submitted and an APDES permit is not required. POTWs and TWTDS must refer to form 2A to determine if an APDES permit is required. For any question answered “yes”, the appropriate supplementary form(s) must be submitted by the deadline listed in Table 1 along with this form.
Section 7 – Topographic Map Provide a topographic map, or other map if a topographical map is unavailable, of the area extending to at least one mile beyond the property boundaries of the facility which clearly show the following: • The legal boundaries of the facility and each of its intake and discharge structures; • The location of the facility’s hazardous waste treatment, storage, or disposal areas; • The location of each well where fluids from the facility are injected underground; and • The location of wells, springs, other surface water bodies and drinking water wells listed in public records or otherwise known to exist in the map area. An applicant for new and existing concentrated animal feed operations shall provide a topographical map of the geographic area in which the concentrated animal feeding operation is located showing the specific location of the production area in accordance with 18 AAC 83.320(4) (See Form 2B).
Section 8 – Nature of Business Briefly provide a description of the facility and the discharge(s) requiring a permit.
Section 9 – Exceptions to Statewide Standards Complete questions A through D to determine whether any additional information must be submitted to request a reduction of water quality under the state’s antidegradation policy at 18 AAC 70.015. For any question answered “Yes”, complete the information block that immediately follows.
Section 10 – Certification Alaska Statute 46.03.790 provides for severe penalties for submitting false information on this application form. State regulations at 18 AAC 83.385 require this application be signed and certified as follows: 1. For a corporation, a responsible corporate officer shall sign the application; in this subsection, a responsible corporate officer means: (A) a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (B) the manager of one or more manufacturing, production, or operating facilities, if (i) the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental statutes and regulations; (ii) the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and (iii) authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. 2. For a partnership or sole proprietorship, the general partner or the proprietor, respectively, shall sign the application; and 3. For a municipality, state, federal, or other public agency, either a principal executive officer or ranking elected official shall sign the application; in this subsection, a principal executive officer of an agency means (A) the chief executive officer of the agency or (B) a senior executive officer having responsibility for the overall operations of a principal geographic unit or division of the agency. Include the name and title of the person signing the form and the date of signing
SECTION C – ACTIVITIES THAT DO NOT REQUIRE AN APDES PERMIT
Under the provisions of the Clean Water Act (CWA) and regulations at 18 AAC 83.015(b), the following discharges do not require an APDES permit but are subject to any applicable waste disposal permit requirements of AS 46.03.100 or any other state authorization. (1) DISCHARGES FROM VESSELS: Any discharges of sewage from a vessel, effluent from a properly functioning marine engine, laundry, shower, and galley sink wastes, or any other discharge incidental to the normal operation of a vessel as that term is defined in AS 46.03.826(14). However, this exclusion does not apply to rubbish, trash, garbage, or other materials discharged overboard, or other discharges when the vessel is operating in a capacity other than as a means of transportation, including when the vessel is used as an energy or mining facility, a storage facility, or a seafood processing facility; secured to a storage facility or a seafood processing facility; or secured to the bed of the ocean, contiguous zone, or waters of the United States for the purpose of mineral or oil exploration or development. (2) DREDGED OR FILL MATERIAL: Any discharge of dredged or fill material into waters of the United States that is regulated under 33 U.S.C 1322 (Clean Water Act, sec. 404) (3) DISCHARGES INTO PUBLICLY OWNED TREATMENT WORKS (POTWs): The introduction of sewage, industrial wastes, or other pollutants into POTWs by an indirect discharger. However, this exclusion does not apply to an indirect discharger defined as a significant industrial user under 40 CFR Part 403, adopted by reference in 18 AAC 83.010 if the indirect discharge is or will be to a POTW without an approved pretreatment program. The Department will provide an opportunity for any POTW that may receive indirect discharges from a significant industrial user to comment on the significant industrial user’s permit. (4) DISCHARGES IN COMPLIANCE WITH AN ON-SCENE COORDINATOR’S INSTRUCTIONS: Any discharge in compliance with the instructions of an on-scene coordinator under 40 CFR Part 300 (The National Oil and Hazardous Substances Contingency Plan) or 33 CFR Part 153 (Control of Pollution by Oil and Hazardous Substances, Discharge Removal). (5) DISCHARGES FROM AGRICULTURAL AND SILVICULTURAL ACTIVITIES: Any introduction of pollutants from non-point source agricultural and silvicultural activities, including stormwater runoff from orchards, cultivated crops, pastures, rangelands, and forest lands. However, this exclusion does not apply to discharges from concentrated animal feeding operations, discharges from concentrated aquatic animal production facilities, discharges to aquaculture projects, and discharges from silvicultural point sources. (6) Any return flow from irrigated agriculture. (7) Any discharge into a privately owned treatment works unless the Department otherwise requires under 18 AAC 83.485. (8) Any discharge of a pollutant from a POTW into marine waters where the discharger has been granted a waiver under 33 U.S.C. 1311(h). (Also referred to as a Section 301(h) waiver.)
Existing Manufacturing, Commercial, Mining and Silvicultural Operations In addition to the information reported on the application form, you shall provide to the department, at the department’s request, any other information that the department may reasonably require to assess the discharges of the facility and to determine whether to issue an APDES permit. The additional information may include additional quantitative data and bioassays to assess the relative toxicity of discharges to aquatic life and information required to determine the cause of toxicity.
Who Must File Form 2C Form 2C must be completed in conjunction with Form 1. This form must be completed by all applicants who check “yes” to Section 6- B in APDES Form 1. This form should not be used for discharges of storm water runoff, except for an existing discharge of storm water combined with other non-storm water discharges from a manufacturing, commercial, mining, or silvicultural operation. Public Availability of Submitted Information Your application will not be considered complete unless you answer every question on this form and on Form 1. If an item does not apply to you, enter “NA” (for not applicable) to show that you considered the question. You may not claim as confidential any information required by this form or Form 1, whether the information is reported on the forms or in an attachment. This information will be made available to the public upon request. Any information you submit to ADEC which goes beyond that required by this form or Form 1 you may claim as confidential but claims for information which is effluent data will be denied. If you do not assert a claim of confidentiality at the time of submitting the information, ADEC may make the information public without further notice to you. Claims of confidentiality will be handled in accordance with ADEC’s business confidentiality regulations at 18 AAC 83.165. Definitions All significant terms used in these instructions and in the form are defined in the glossary found at the end of these instructions.
Section 1 – Facility Information Enter the facility’s official or legal name and physical address or location. Do not use a colloquial name.
Section 2 – Outfall Location Indicate the latitude and longitude of each outfall to the sixth decimal place, as well as the name of the receiving water. For latitude and longitude information interpolated from a hardcopy map, the fourth decimal place is acceptable, and the source map scale must be provided. Name all waters to which discharge is made and that flow into significant receiving waters. For example, if the discharge is made to a ditch that flows into an unnamed tributary which in turn flows into a named river, provide the name or description (if no name is available) of the ditch, the tributary, and the river. The preferred location information will be provided as the latitude and longitude in decimal degrees, Alaska Albers Projection, North American Datum of 1983. The preferred source of the coordinates will be by a GPS unit, but other methods will be accepted, including survey, internet (such as Topozone.com), and printed map. Clearly identify the horizontal accuracy and unit of measurement (e.g. 10 meters) and horizontal datum. Section 3 – Flows, Sources of Pollution, and Treatment Technologies
Section 3-A: Sources of Pollution List all sources of wastewater to each outfall. Operations may be described in general terms (for example, “dye-making reactor” or “distillation tower”). You may estimate the flow contributed by each source if no data are available. For storm water discharges you may estimate the average flow, but you must indicate the rainfall event upon which the estimate is based and the method of estimation. For each treatment unit, indicate its size, flow rate, and retention time, and describe the ultimate disposal of any solid or liquid wastes not discharged. Treatment units should be listed in order, and you should select the proper code from Table 2c-1 to fill in the codes column for each treatment unit. Insert “XX” into the column if no code corresponds to a treatment unit you list. If you are applying for a permit for a privately owned treatment works, you must also identify all of your contributors in the second table. Provide additional copies of this section as necessary.
Section 3-B: Line Drawing An example of an acceptable line drawing appears in Figure 2C-1 in these instructions. The line drawing should show the route generally taken by water in your facility from intake to discharge. Show all operations contributing wastewater, including process and production areas, sanitary flows, cooling water, and storm water runoff. You may group similar operations into a single unit, labeled to correspond to the more detailed listing in Section 3-A. The water balance should show average flows. Show all significant losses of water to products, atmosphere, and discharge. You should use actual measurements whenever available; otherwise use your best estimate.
Section 3-C: Intermittent Discharges Fill in every applicable column in this section for each source of intermittent or seasonal discharges. A discharge is intermittent if it occurs with interruptions during the operating hours of the facility, except for routine shutdowns for maintenance, process changes, or other similar activities. A discharge is seasonal if it occurs only during certain parts of the year. Report the highest daily value for flow rate and total volume in the “Maximum Daily” columns under “Flow Rate” and “Total Volume.” Report the average of all daily values measured during days when discharge occurred within the last year in the “Long Term Average” columns under “Flow Rate” and “Total Volume.” Base your answers on actual data whenever available; otherwise, provide your best estimate.
Section 4- Production Section 4-A: All effluent guidelines promulgated under 33 U.S.C. 1314 appear in the Federal Register and are published annually in 40 CFR Subchapter N. A guideline applies to you if you have any operations contributing process wastewater in any subcategory covered by a BPT, BCT, or BAT guideline. If you are unsure whether you are covered by a promulgated effluent guideline, check with ADEC. You must check “yes” if an applicable effluent guideline has been promulgated, even if the guideline limitations are being contested in court. If you believe that a promulgated effluent guideline has been remanded for reconsideration by a court and does not apply to your operations, you may check “no.”
Section 4-B: An effluent guideline is expressed in terms of production (or other measure of operation) if the limitation is expressed as mass of pollutant per operational parameter; for example, “pounds of BOD per cubic foot of logs from which bark is removed,” or “pounds of TSS per megawatt hour of electrical energy consumed by smelting furnace.” An example of a guideline not expressed in terms of a measure of operation is one which limits the concentration of pollutants.
Section 4-C: The Average Daily Production table must be completed only if you checked “yes” in Section 4-B. The production information requested here is necessary to apply effluent guidelines to your facility and you cannot claim it as confidential. However, you do not have to indicate how the reported information was calculated. Report quantities in the units of measurement used in the applicable effluent guideline. The production figures provided must be based on actual daily production and not on design capacity or on predictions of future operations. To obtain alternate limits under 18 AAC 83.520(b) – (d), you must define your maximum production capability and demonstrate to the Department that your actual production is substantially below maximum production capability and that there is a reasonable potential for an increase above actual production during the duration of the permit.
Section 5 – Improvements Section 5-A If you are subject to any present requirements or compliance schedules for construction, upgrading, or operation of waste treatment equipment, fill in the table to provide an identification of the abatement requirement, a description of the abatement project, and a listing of the required and projected final compliance dates. You may attach a copy of any previous submission you have made to ADEC containing the same information. Section 5-B (Optional) You may attach additional sheets describing any additional water pollution control programs (or other environmental projects which may affect your discharges) you now have underway or which you plan. Indicate whether each program is now underway or planned and indicate your actual or planned schedules for construction. You are not required to submit a description of future pollution control projects if you do not wish to or if none are planned.
Section 6 – Intake and Effluent Characteristics Tables 6-A, 6-B, and 6-C require you to collect and report data on the pollutants discharged for each of your outfalls. Each part of this section addresses a different set of pollutants and must be completed in accordance with the specific instructions for that part. The following general instructions apply to the entire section. General Instructions for Section 6 Table 6-A requires you to report at least one analysis for each pollutant listed. Tables 6-B and 6-C require you to report analytical data in two ways. For some pollutants in Table 6-C, you may be required to mark “X” in the “Testing Required” column and test and report the levels of the pollutants in your discharge whether or not you expect them to be present. For all other pollutants in Tables 6-B and 6-C, you must mark “X” in either the “Believe Present” column or the “Believe Absent” column based on your best estimate, and test for those which you believe to be present. Base your determination that a pollutant is present in or absent from your discharge on your knowledge of your raw materials, maintenance chemicals, intermediate and final products and byproducts, and any previous analyses known to you of your effluent or a similar effluent. If you would expect a pollutant to be present solely as a result of its presence in your intake water, you must mark “Believe Present,” but you are not required to sample and analyze for that pollutant. Instead, mark an ‘X’ anywhere in the “Intake” column. Reporting. All levels must be reported as concentration and as total mass. You may report some or all of the required data by attaching separate sheets of paper instead of filling out the tables as long as all the required information is submitted in a format which is consistent with the tables in spacing and in identification of pollutants and columns. (For example, the data system used in your GC/MS analysis may be able to print data in the proper format.) Use the following abbreviations in the columns headed “Units” in each table. Concentration Mass ppm….... parts per million lbs……. pounds mg/l……... milligrams per liter ton……... tons (English tons) ppb……… parts per billion mg……... milligrams μg/l……… micrograms per liter g………... grams kg………. kilograms T………... tonnes (metric tons) All reporting of values for metals must be in terms of “total recoverable metal,” unless: (1) An applicable, promulgated effluent limitation or standard specifies the limitation for the metal in dissolved, valent, or total form; or (2) All approved analytical methods for the metal inherently measure only its dissolved form (e.g., hexavalent chromium), or (3) The permitting authority has determined that in establishing case-by-case limitations it is necessary to express the limitations on the metal in dissolved, valent, or total form to carry out the provisions of the CWA. If you measure only one daily value, complete only the “Maximum Daily Values” columns and insert ‘1’ into the “Number of Analyses” column. ADEC may require you to conduct additional analyses to further characterize your discharges. For composite samples, the daily value is the total mass or average concentration found in a composite sample taken over the operating hours of the facility during a 24 Hour period; for grab samples, the daily value is the arithmetic or flow-weighted total mass or average concentration, found in a series of at least four grab samples taken over the operating hours of the facility during a 24-Hour period. If you measure more than one daily value for a pollutant and those values are representative of your waste stream, you must report those values. Submit a description of your method of testing and data analysis. You also must determine the average of all values within the last year and report the concentration and mass under the “Long Term Average Values” and the total number of daily values under the “Number of Analyses” columns. Also, determine the average of all daily values taken during each calendar month, and report the highest average under the “Maximum 30-day Values” columns. Sampling The collection of the samples for the reported analyses should be supervised by a person experienced in performing sampling of industrial wastewater. You may contact ADEC for detailed guidance on sampling techniques and for answers to specific questions. Any specific requirements contained in the applicable analytical methods in 40 CFR Part 136, adopted by reference at 18 AAC 83.310(f), should be followed for sample containers, sample preservation, holding times, the collection of duplicate samples, etc. You should sample at a time when the flow is representative of your normal operation, to the extent feasible, with all processes which contribute wastewater during normal operation, and with your treatment system operating properly with no system upsets. Samples should be collected from the center of the flow channel, where turbulence is at a maximum, at a site specified in your present permit, or at any site adequate for the collection of a representative sample. For information regarding pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, fecal coliform, and fecal streptococcus, grab samples must be used. For all other pollutants, 24-Hour composite samples must be used. However, a minimum of one grab sample may be taken for effluents from holding ponds or other impoundments with a retention period of greater than 24 hours. For storm water discharges, a minimum of one to four grab samples may be taken, depending on the duration of the discharge. One sample must be taken within the first hour (or less) of discharge, with one additional sample taken in each succeeding hour of discharge, up to a minimum of four samples for discharges lasting four or more hours. For discharges other than storm water discharges, the Department may waive composite sampling for any outfall for which you demonstrate that use of an automatic sampler is infeasible and that a minimum of four grab samples will be representative of your discharge. Grab and composite samples are defined as follows: Grab sample: An individual sample of at least 100 milliliters collected at a randomly selected time over a period not exceeding 15 minutes. Composite sample: A combination of at least 8 sample aliquots of at least 100 milliliters, collected at periodic intervals during the operating hours of a facility over a 24-Hour period. The composite must be flow proportional; either the time interval between each aliquot or the volume of each aliquot must be proportional to either the stream flow at the time of sampling or the total stream flow since the collection of the previous aliquot. Aliquots may be collected manually or automatically. For GC/MS Volatile Organic Analysis (VOA), aliquots must be combined in the laboratory immediately before analysis. Four (rather than eight) aliquots or grab samples should be collected for VOA. These four samples should be collected during actual hours of discharge over a 24-Hour period and need not be flow proportional. Only one analysis is required. Data from samples taken in the past may be used, provided that: • All data requirements are met; • Sampling was done no more than three years before submission; and • All data are representative of the present discharge. Among the factors which would cause the data to be unrepresentative are significant changes in production level, changes in raw materials, processes, or final products, and changes in wastewater treatment. ADEC may request additional information, including current quantitative data, if it is determined to be necessary to assess your discharges. Analysis You must analyze effluent samples with analytical methods approved in 40 CFR Part 136, adopted by reference at 18 AAC 83.010(f); however, if none has been promulgated for a particular pollutant, you may use any suitable method for measuring the level of the pollutant in your discharge provided that you submit a description of the method or a reference to a published method on an attached separate sheet. Your description should include the sample holding time, preservation techniques, and the quality control measures which you used. If you have two or more substantially identical outfalls, you may request permission from ADEC to sample and analyze only one outfall and submit the results of the analysis for other substantially identical outfalls. If your request is granted, on a separate sheet attached to the application form, identify which outfall you did test, and describe why the outfalls which you did not test are substantially identical to the outfall which you did test. Reporting of Intake Data You are not required to report data under the “Intake” columns unless you wish to demonstrate your eligibility for a “net” effluent limitation for one or more pollutants, that is, an effluent limitation adjusted by subtracting the average level of the pollutant(s) present in your intake water. APDES regulations allow net limitations only in certain circumstances. To demonstrate your eligibility, under the “Intake” columns, report the average of the results of analyses on your intake water (if your water is treated before use, test the water after it is treated), and discuss the requirements for a net limitation with your permitting authority. Section 6, Table 6-A Table 6-A must be completed by all applicants for all outfalls, including outfalls containing only noncontact cooling water or storm water runoff. However, at your request, ADEC may waive the requirement to test for one or more of these pollutants, upon a determination that available information is adequate to support issuance of the permit with less stringent reporting requirements for these pollutants. You may also request a waiver for one or more of these pollutants for your category or subcategory from the Director, ADEC Division of Water. The “Long Term Average Values” column and “Maximum 30-Day Values” column are not compulsory but should be filled out if data is available. Use composite samples for all pollutants in this table, except use grab samples for pH and temperature. Table 6-B Table 6-B must be completed by all applicants for all outfalls, including outfalls containing only noncontact cooling water or storm water runoff. You must report quantitative data if the pollutant(s) in question is limited in an effluent limitations guideline either directly, or indirectly but expressly through limitation on an indicator (e.g., use of TSS as an indicator to control the discharge of iron and aluminum). For other discharged pollutants you must provide quantitative data or explain their presence in your discharge. ADEC will consider requests to eliminate the requirement to test for pollutants for an industrial category or subcategory. Your request must be supported by data representative of the industrial category or subcategory in question. The data must demonstrate that individual testing for each applicant is unnecessary because the facilities in the category or subcategory discharge substantially identical levels of the pollutant or discharge the pollutant uniformly at sufficiently low levels. Use composite samples for all pollutants you analyze for in this part, except use grab samples for residual chlorine, oil and grease, and fecal coliform. The “Long Term Average Values” column and “Maximum 30-day Values” column are not compulsory but should be filled out if data is available. You do not have to provide quantitative data for these pollutants if you know or have reason to believe that the pollutant is present in a discharge solely as the result of its presence in intake water; however, you must report that these pollutants are present by simply writing “present” under the “Intake” column. Table 6-C Table 2C-2 lists the 34 “primary” industry categories in the lefthand column. For each outfall, if any of your processes which contribute wastewater falls into one of those categories, you must mark “X” in “Testing Required” column and test for (1) all of the toxic metals, cyanide, and total phenols, and (2) the organic toxic pollutants contained in Table 2C-2 as applicable to your category, unless you qualify as a small business (see below). The organic toxic pollutants are organized by GC/MS fractions n Table 6-C. For example, the Organic Chemicals Industry has an “X” in all four fractions in Table 2C-2; therefore, applicants in this category must test for all organic toxic pollutants in Table 6-C. The inclusion of total phenols in Table 6-C is not intended to classify total phenols as a toxic pollutant. If you are applying for a permit for a privately owned treatment works, determine your testing requirements on the basis of the industry categories of your contributors. When you determine that you fall within an industrial category for the purpose of testing requirements, that determination does not establish your category for any other purpose and you are not giving up your right to challenge your inclusion in that category (for example, for deciding whether an effluent guideline is applicable) before your permit is issued. For all other cases (secondary industries, nonprocess wastewater outfalls, and nonrequired GC/MS fractions), you must mark “X” in either the “Believed Present” column or the “Believed Absent” column for each pollutant. For every pollutant you know or have reason to believe is present in your discharge in concentrations of 10 ppb or greater, you must report quantitative data. You must report quantitative data for acrolein, acrylonitrile, 2, 4 dinitrophenol, and 2-methyl-4, 6 dinitrophenol if you expect these four pollutants to be discharged in concentrations of 100 ppb or greater. For every pollutant expected to be discharged in concentrations less than the thresholds specified above, you must either submit quantitative data or briefly describe the reasons the pollutant is expected to be discharged. At your request, ADEC may waive the requirement to test for pollutants for an industrial category or subcategory. Your request must be supported by data representative of the industrial category or subcategory in question. The data must demonstrate that individual testing for each applicant is unnecessary because the facilities in question discharge substantially identical levels of the pollutant or discharge the pollutant uniformly at sufficiently low levels. If you qualify as a small business (see below) you are exempt from testing for the organic toxic pollutants. For pollutants in intake water, see discussion in General Instructions to this section. You do not have to provide quantitative data for these pollutants if you know or have reason to believe that the pollutant is present in a discharge solely as the result of its presence in intake water; however, you shall report that these pollutants are present by simply writing “present” under the “Intake” column. The “Long Term Average Values” column and “Maximum 30-day Values” column are not compulsory but should be filled out if data is available. You are required to mark “Testing Required” for dioxin if you use or manufacture one of the following compounds: • 2,4,5-trichlorophenoxy acetic acid, (2,4,5,-T); • 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5,-TP); • 2-(2,4,- trichlorophenoxy) ethyl, 2,2-dichloropropionate (Erbon); • 0,0-dimethyl 0-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel); • 2,4,5-trichlorophenol (TCP); or • hexachlorophene (HCP). If you mark “Testing Required” or “Believed Present,” you must perform a screening analysis for dioxins, using gas chromatography with an electron detector. A TCDD standard for quantitation is not required. Describe the results of this analysis in the space provided; for example, “no measurable baseline deflection at the retention time of TCDD” or “a measurable peak within the tolerances of the retention time of TCDD.” ADEC may require you to perform a quantitative analysis if you report a positive result. The Effluent Guidelines Division of EPA has collected and analyzed samples from some plants for the pollutants listed in Table 6-C in the course of its BAT guidelines development program. If your effluents are sampled and analyzed as part of this program in the last three years, you may use these data to answer Table 6-C provided that ADEC approves and provided that no process change or change in raw materials or operating practices has occurred since the samples were taken that would make the analyses unrepresentative of your current discharge. Small Business Exemption: A facility qualifies as a “small business” and is exempt from the quantitative data requirements for the organic toxic pollutants listed in Table 6-C if: 1) the facility is a coal mine with an expected total annual production of less than 100,000 tons per year; you may submit past productions data or estimated future production (such as a schedule of estimated total production under 30 CFR §795.14(c)) instead of conducting analyses for the organic toxic pollutants. 2) the facility is not a coal mine and has a gross total annual sales averaging less than $233,000 per year in 2003 dollars, you may submit sales data for those years instead of conducting analyses for the organic toxic pollutants. The production of sales data must be for the facility which is the source of the discharge. The data should not be limited to production or sales for the process or processes which contribute to the discharge unless those are the only processes at your facility. For sales data, in situations involving intracorporate transfer of goods and services, the transfer price per unit should approximate market prices for those goods and services as closely as possible. Table 6-D List any pollutants in Table 2C-3 that you believe to be present and explain why you believe them to be present. No analysis is required, but if you have analytical data, you must report it. Note: Under 40 CFR §117.12(a)(2), certain discharges of hazardous substances (listed in Table 2C-4 of these instructions) may be exempted from the requirements of Section 311 of the CWA, which establishes reporting requirements, civil penalties, and liability for cleanup costs for spills of oil and hazardous substances. A discharge of a particular substance may be exempted if the origin, source, and amount of the discharged substances are identified in the APDES permit application or in the permit, if the permit contains a requirement for treatment of the discharge, and if the treatment is in place. To apply for an exclusion of the discharge of any hazardous substance from the requirements of Section 311, attach additional sheets of paper to your form, setting forth the following information:1. The substance and the amount of each substance which may be discharged. 2. The origin and source of the discharge of the substance. 3. The treatment which is to be provided for the discharge by: a. An onsite treatment system separate from any treatment system treating your normal discharge; b. A treatment system designed to treat your normal discharge, and which is additionally capable of treating the amount of the substance identified under paragraph 1 above, or c. Any combination of the above. See 40 CFR §117.12(a)(2) and (c) published on August 29, 1979, in 44 FR 50766, or contact ADEC for further information on exclusions from Section 311.
Section 7 – Potential Discharges Not Covered by Analysis This requirement applies to current use or manufacture of a toxic pollutant as an intermediate or final product or byproduct. ADEC may waive or modify the requirement if you demonstrate that it would be unduly burdensome to identify each toxic pollutant and if ADEC has adequate information to issue your permit. You may not claim this information as confidential; however, you do not have to distinguish between use or production of the pollutants or list the amounts.
Section 8 – Biological Toxicity Testing Data Provide information on all biological toxicity testing data. Additional details may be requested after the application is received. Enter the test(s) performed and provide a description of their purpose in the table provided. Attach additional sheets if necessary. Section 9 – Contract Analysis Information If any analysis reported in Section 6 were performed by a contract laboratory or consulting firm, complete the table in this section. Provide the laboratory or firm name, address, telephone, and list the pollutants analyzed in the appropriate columns. Section 10 – Certification Alaska Statute 46.03.790 provides for severe penalties for submitting false information on this application form. State regulations at 18 AAC 83.385 require this application be signed and certified as follows: 1. For a corporation, a responsible corporate officer shall sign the application; in this subsection, a responsible corporate officer means: (A) a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (B) the manager of one or more manufacturing, production, or operating facilities, if (i) the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental statutes and regulations; (ii) the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and (iii) authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. 2. For a partnership or sole proprietorship, the general partner or the proprietor, respectively, shall sign the application; and 3. For a municipality, state, federal, or other public agency, either a principal executive officer or ranking elected official shall sign the application; in this subsection, a principal executive officer of an agency means (A) the chief executive officer of the agency or (B) a senior executive officer having responsibility for the overall operations of a principal geographic unit or division of the agency. Include the name and title of the person signing the form and the date of signing.
New Sources and New Dischargers: Application to Discharge Process Wastewater Who Must File Form 2D Form 2D must be completed in conjunction with Form 1. This form must be completed by all applicants who checked “yes” to Section 6-C in APDES Form 1. However, facilities that discharge only nonprocess wastewater that is not regulated by an effluent limitations guideline or a new source performance standard, may use APDES Form 2E. Educational, medical, and commercial chemical laboratories should use this form or APDES Form 2C. To further determine if you are a new source or a new discharger, see 18 AAC 83.990. This form should not be used for discharges of storm water runoff. Public Availability of Submitted Information Your application will not be considered complete unless you answer every question on this form and on Form 1. If an item does not apply to you, enter “NA” (for not applicable) to show that you considered the question. You may not claim as confidential any information required by this form or Form 1, whether the information is reported on the forms or in an attachment. This information will be made available to the public upon request. Any information you submit to ADEC which goes beyond that required by this form or Form 1 you may claim as confidential but claims for information which is effluent data will be denied. If you do not assert a claim of confidentiality at the time of submitting the information, ADEC may make the information public without further notice to you. Claims of confidentiality will be handled in accordance with ADEC’s business confidentiality regulations at 18 AAC 83.165. Definitions All significant terms used in these instructions and in the form are defined in the glossary found at the end of these instructions. Follow Up Requirements Although you are now required to submit estimated data on this form (Form 2D), please note that no later than two years after you begin discharging from the proposed facility, you must complete and submit Sections 6 and 7 of APDES Form 2C. However, you need not complete those portions of Section 6 requiring tests that you have already performed under the discharge monitoring requirements of your APDES permit. In addition, the Department may waive requirements of Section 6-A and 7 if the permittee makes the demonstrations required under 18 AAC 83.310(a)(6) and 18 AAC 83.310(h). Section 1 – Facility Information Enter the facility’s official or legal name. Do not use a colloquial name. Section 2 – Outfall Location Indicate the latitude and longitude of each outfall to the sixth decimal place, as well as the name of the receiving water. For latitude and longitude information interpolated from a hardcopy map, the fourth decimal place is acceptable, and the source map scale must be provided. Name all waters to which discharge is made and which flow into significant receiving waters. For example, if the discharge is made to a ditch which flows into an unnamed tributary which in turn flows into a named river, provide the name or description (if no name is available) of the ditch, the tributary, and the river. The preferred location information will be provided as the latitude and longitude in decimal degrees, Alaska Albers Projection, North American Datum of 1983. The preferred source of the coordinates will be by a GPS unit, but other methods will be accepted, including GPS, survey, internet (such as Topozone.com), and printed map. Clearly identify the horizontal accuracy and unit of measurement (e.g. 10 meters) and horizontal datum. Section 3 – Discharge Date This question requires your best estimate of the date on which your facility or new outfall will begin to discharge.
Section 4 – Flows, Sources of Pollution, and Treatment Technologies Section 4-A For each outfall, list all sources (operations contributing to the flow), and estimate the average flow for each source. Operations may be described in general terms (for example, “dye-making reactor” or “distillation tower”). The flow contributed by each source may be estimated if no data is available. Describe the planned treatment for these wastewaters prior to discharge in either a narrative form or by listing the proper code for the treatment unit from the list provided in Table 2D-1. Describe the ultimate disposal of any solid or liquid waste not discharged. Be sure to include the units used to indicate the average flows. Provide additional copies of this Section as necessary for each outfall.
Section 4-B An example of an acceptable line drawing appears in Figure 2D-1 in these instructions. The line drawing should show the route taken by water in your proposed facility from intake to discharge. Show all sources of wastewater, including process and production areas, sanitary flows, cooling water, and storm water runoff. You may group similar operations into a single unit, labeled to correspond to the more detailed listing in Section 4-A. The water balance should show estimates of anticipated average flows. Show all significant losses of water to production, atmosphere, and discharge. Base your answers on your best estimates.
Section 4-C Fill in every applicable column in this section for each source of intermittent or seasonal discharge. A discharge is intermittent if it occurs with interruptions during the operating hours of the facility, except for routine shutdowns for maintenance, process changes, or other similar activities. A discharge is seasonal if it occurs only during certain parts of the year. The reported flow rate is the highest daily value and should be measured in gallons per day. Maximum Total Volume means the total volume of any one discharge within 24 hours and is measured in units such as gallons. Base your answers on your best estimate.
Section 5 - Production "Production" in this question refers to those goods which the proposed facility will produce, not to "wastewater" production. This information is only necessary where production based NSPS or effluent guidelines apply to your facility. Your estimated production figures should be based on a realistic projection of actual daily production level (not design capacity) for each of the first three operating years of the facility. This estimate must be a long-term average estimate (e.g., average production on an annual basis). If production will vary depending on long-term shifts in operating schedule or capacity, the applicant may report alternate production estimates and the basis for the alternate estimates. If known, report quantities in the units of measurement used in the applicable NSPS or effluent limitations guideline. For example, if the applicable NSPS is expressed as "grams of pollutant discharged per kilogram of unit production", then report maximum "Quantity Per Day" in kilograms. If you do not know whether any NSPS or effluent guideline applies to your facility, report quantities in any unit of measurement known to you. If an effluent guideline or NSPS specifies a method for estimating production, that method must be followed. There is no need to conduct new studies to obtain these figures; only data already on hand are required. You are not required to indicate how the reported information was calculated.
Section 6 A, B, and C – Effluent Characteristics These items require you to estimate and report data on the pollutants expected to be discharged from each of your outfalls. Where there is more than one outfall, you should submit a separate Section 6 for each outfall. For Section 6-C, only a list is required. Sampling and analysis are not required at this time. If, however, data from such analyses are available, then those data should be reported. Each part of this item addresses a different set of pollutants or parameters and must be completed in accordance with the specific instructions for that part. The following are the general and specific instructions for Section 6-A through 6-C. Section 6 - General instructions Each part of this item requires you to provide an estimated maximum daily and average daily value for each pollutant or parameter listed (see Table 2D-2) according to the specific instructions below. The source of the data is also required. For Parts A through C, base your determination of whether a pollutant will be present in your discharge on your knowledge of the proposed facility's raw materials, maintenance chemicals, intermediate and final products, byproducts, and any analyses of your effluent or of any similar effluent. You may also provide the determination and the estimates based on available in-house or contractor's engineering reports or any other studies performed on the proposed facility (see Section 7 of the form). If you expect a pollutant to be present solely as a result of its presence in your intake water, please state this information on the form. Please note that no later than two years after you begin discharging from the proposed facility, you must complete and submit Section 6 and 7 of APDES Application Form 2C (follow-up data). Reporting Intake Data. You are not required to report pollutants or parameters present in intake water unless you wish to demonstrate your eligibility for a "net" effluent limitation for these pollutants or parameters, that is, an effluent limitation adjusted to provide allowance for the pollutants or parameters present in your intake water. If you wish to obtain credits for pollutants or parameters present in your intake water, please insert a short statement describing why you believe you are eligible (see 18 AAC 83.545), under Section 8 (Other Information). You will then be contacted by ADEC for further instructions. All estimated pollutant or parameter levels must be reported as concentration and as total mass, except for discharge flow, temperature, and pH. Total mass is the total weight of pollutants or parameters discharged over a day. Use the following abbreviations for units: Concentration Mass ppm............ parts per million lbs.............. pounds mg/L............ milligrams per liter ton.....……. Tons (English tons) ppb ............ parts per billion mg............. milligrams ug/L............ micrograms per liter g................ grams kg............... kilograms T.......……... Tonnes (metric tons Source In providing the estimates, use the codes in the following table to indicate the source of such information in column 4 of Sections 6-A and 6-B. Engineering Study Code Actual data from pilot plants ..................................... 1 Estimates from other engineering studies ............... 2 Data from other similar plants................................... 3 Best professional estimates...................................... 4 Others…………………..……...Specify on the form Section 6-A Estimates of data on pollutants or parameters in Group A must be reported by all applicants for all outfalls, including outfalls containing only noncontact cooling water or nonprocess wastewater. To request a waiver from reporting any of these pollutants or parameters, the applicant must submit to ADEC a written request specifying which pollutants or parameters should be waived and the reasons for requesting such a waiver. This request should be submitted to ADEC before or with the permit application. ADEC may waive the requirements for information about these pollutants or parameters if it is determined that less stringent reporting requirements are adequate to support issuance of the permit. No extensive documentation will normally be needed, but the applicant should contact ADEC to receive instructions on what a particular request should contain. Section 6-B Estimates of data on pollutants in Group B must be reported by all applicants for all outfalls, including outfalls containing only noncontact cooling water or nonprocess wastewater. You are only required to report estimates for those pollutants which you know or have reason to believe will be discharged or which are limited directly by an effluent limitations guideline (or NSPS) or indirectly through promulgated limitations on an indicator pollutant. The priority pollutants in Group B are divided into the following three sections: 1. Metal toxic pollutants, total cyanide, and total phenols 2. 2,3,7,8-Tetrachlorodibenzo-P-Dioxin (TCDD) (CAS # 1764- 016) 3. Organic Toxic Pollutants (Gas Chromatography/Mass Spectrometry Fractions) a) Volatile compounds b) Acid compounds c) Base/neutral compounds d) Pesticides For pollutants listed in groups 1 and 3, you must report estimates as instructed above. For group 2, you are required to report that TCDD may be discharged if you will use or manufacture one of the following compounds or if you know or have reason to believe that TCDD is or may be present In an effluent: A. 2,4,5-trichlorophenoxy acetic acid (2,4,5-T) (CAS # 93-765); B. 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4, 5TP) (CAS # 93-72-1); C. 2-(2,4,5-trichlorophenoxy) ethyl 2,2- dichloropropionate (Erbon) (CAS # 136-25-4); D. 0,0-dimethyl 0-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel) (CAS # 299-84-3); E. 2,4,5-trichlorophenoI (TCP)(CAS # 95-95-4); or F. Hexachlorophene (HCP) (CAS # 70-30-4). Small Business Exemption If you are a “small business”, you are exempt from the reporting requirement for Section 6-B (section 3). You may qualify as a “small business” if you fit one of the following definitions: 1) Your expected gross sales will total less than $100,000 per year for the next three years, or 2) In the case of coal mines, your average production will be less than 100,000 tons of coal per year. If you are a “small business”, you may submit projected sales or production figures to qualify for this exemption. The sales or production figures you submit must be for the facility which is the source of the discharge. The data should not be limited only to production or sales for the process or processes which contribute to the discharge unless those are the only processes at your facility. For sales data, where intracorporate transfers of goods and services are involved, the transfer price per unit should approximate market prices for those goods and services as closely as possible. If necessary, you may index your sales figures to the second quarter of 1980 to demonstrate your eligibility for a small business exemption. This may be done by using the gross national product price deflator (second quarter of 1980 = 100), an index available in “National Income and Product Accounts of the United States” (Department of Commerce, Bureau of Economic Analysis). The small business exemption applies to the GC/MS fractions (Section 3) of Section 6-B only. Even if you are eligible for a small business exemption, you are still required to provide information on metals, cyanide, total phenols, and dioxin in Section 6-B, as well as all of Section 6-A and C. Section 6-C List any pollutants in Table 2D-3 that you believe will be present in any outfalls and briefly explain why you believe they will be present. No estimate of the pollutant's quantity is required unless you already have quantitative data. Note: The discharge of pollutants listed in Table 2D-4 may subject you to the additional requirements of section 311 of the CWA (Oil and Hazardous Substance Liability). These requirements are not administered through the NPDES program. However, if you wish an exemption under 40 CFR §117.12(a)(2) from these requirements, attach additional sheets of paper to this form providing the following information: 1. The substance and the amount of each substance which may be discharged. 2. The origin and source of the discharge of the substance. 3. The treatment which is to be provided for the discharge by: a. An onsite treatment system separate from any treatment system treating your normal discharge; b. A treatment system designed to treat your normal discharge, and which is additionally capable of treating the amount of the substance identified under paragraph 1 above, or c. Any combination of the above. An exemption from the section 311 reporting requirements pursuant to 40 CFR Part 117 for pollutants on Table 2D does not exempt you from the section 402 reporting requirements pursuant to 40 CFR Part 122 (Section 6-C) for pollutants listed on Table 2D- 3. For further information on exclusions from Section 311, see 40 CFR Section 117.12(a)(2) and (c), or contact ADEC. Section 7 – Engineering Report of Wastewater Treatment Section 7-A: If an engineering study was conducted, check the box labeled “report available”. If no study was done, check the box labeled “no report.” Section 7-B: Report the name and location of any existing plant(s) which, to the best of your knowledge, resembles your planned operation with respect to items produced, production process, wastewater constituents, or wastewater treatment. No studies need be conducted to respond to this item. Only data which is already available need be submitted. This information will be used to inform the permit writer of appropriate treatment methods and associated permit conditions and limits. Section 8 – Other Information A space is provided for additional information which you believe would be useful in setting permit limits, such as additional sampling. Any response here is optional. Section 9 - Certification Alaska Statute 46.03.790 provides for severe penalties for submitting false information on this application form. State regulations at 18 AAC 83.385 require this application be signed and certified as follows: 1. For a corporation, a responsible corporate officer shall sign the application; in this subsection, a responsible corporate officer means: (A) a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (B) the manager of one or more manufacturing, production, or operating facilities, if (i) the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental statutes and regulations; (ii) the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and (iii) authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. 2. For a partnership or sole proprietorship, the general partner or the proprietor, respectively, shall sign the application; and 3. For a municipality, state, federal, or other public agency, either a principal executive officer or ranking elected official shall sign the application; in this subsection, a principal executive officer of an agency means (A) the chief executive officer of the agency or (B) a senior executive officer having responsibility for the overall operations of a principal geographic unit or division of the agency. Include the name and title of the person signing the form and the date of signing. TABLE 2D-4 HAZARDOUS SUBSTANCES 1. Acetaldehyde 66. Calcium arsenate 126. Dodecylbenzesulfonic acid 2. Acetic acid 67. Calcium arsenite 127. Endosulfan 3. Acetic anhydride 69. Calcium carbide 128. Endrin 4. Acetone cyanohydrin 69. Calcium chromate 129. Epichlorohydrin 5. Acetyl bromide 70. Calcium cyanide 130. Ethion 6. Acetyl chloride 71. Calcium 131. Ethylbenzene 7. Acrolein dodecylbenzenesulfonate 132. Ethylenediamine 8. Acrylonitrile 72. Calcium hypochlorite 133. Ethylene dibromide 9. Adipic acid 73. Captan 134. Ethylene dichloride 10. Aldrin 74. Carbaryl 135. Ethylene diaminetetracetic 11. Allyl alcohol 75. Carbofuran acid (EDTA) 12. Allyl chloride 76. Carbon disulfide 136. Ferric ammonium citrate 13. Aluminum sulfate 77. Carbon tetrachloride 137. Ferric ammonium oxalate 14. Ammonia 78. Chlordane 138. Ferric chloride 15. Ammonium acetate 79. Chlorine 139. Ferric fluoride 16. Ammonium benzoate 80. Chlorobenzene 140. Ferric nitrate 17. Ammonium bicarbonate 81. Chloroform 141. Ferric sulfate 18. Ammonium bichromate 82. Chloropyrifos 142. Ferrous ammonium sulfate 19. Ammonium bifluoride 83. Chlorosulfonic acid 143. Ferrous chloride 20. Ammonium bisulfite 84. Chromic acetate 144. Ferrous sulfate 21. Ammonium carbamate 85. Chromic acid 145. Formaldehyde 22. Ammonium carbonate 86. Chromic sulfate 146. Formic acid 23. Ammonium chloride 87. Chromous chloride 147. Fumaric acid 24. Ammonium chromate 88. Cobaltous bromide 148. Furfural 25. Ammonium citrate 89. Cobaltous formate 149. Guthion 26. Ammonium fluoroborate 90. Cobaltous sulfamate 150. Heptachlor 27. Ammonium fluoride 91. Coumaphos 151. Hexachlorocyclopentadiene 28. Ammonium hydroxide 92. Cresol 152. Hydrochloric acid 29. Ammonium oxalate 93. Crotonaldehyde 153. Hydrofluoric acid 30. Ammonium silicofluoride 94. Cupric acetate 154. Hydrogen cyanide 31. Ammonium sulfamate 95. Cupric acetoarsenite 155. Hydrogen sulfide 32. Ammonium sulfide 96. Cupric chloride 156. Isoprene 33. Ammonium sulfite 97. Cupric nitrate 157. Isopropanolamine 34. Ammonium tartrate 98. Cupric oxalate dodecylbenzenesulfonate 35. Ammonium thiocyanate 99. Cupric sulfate 158. Kelthane 36. Ammonium thiosulfate 100. Cupric sulfate ammoniated 159. Kepone 37. Amyl acetate 101. Cupric tartrate 160. Lead acetate 38. Aniline 102. Cyanogen chloride 161. Lead arsenate 39. Antimony pentachloride 103. Cyclohexane 162. Lead chloride 40. Antimony potassium tartrate 104. 2,4-D acid (2,4- Dichlorophenoxyacetic acid) 163. Lead fluoborate 41. Antimony tribromide 105. 2,4-D esters (2,4- Dichlorophenoxyacetic acid esters) 164. Lead flourite 42. Antimony trichloride 106. DDT 165. Lead iodide 43. Antimony trifluoride 107. Diazinon 166. Lead nitrate 44. Antimony trioxide 108. Dicamba 167. Lead stearate 45. Arsenic disulfide 109. Dichlobenil 168. Lead sulfate 46. Arsenic pentoxide 110. Dichlone 169. Lead sulfide 47. Arsenic trichloride 111. Dichlorobenzene 170. Lead thiocyanate 48. Arsenic trioxide 112. Dichloropropane 171. Lindane 49. Arsenic trisulfide 113. Dichloropropene 172. Lithium chromate 50. Barium cyanide 114. Dichloropropene 173. Malathion 51. Benzene dichloproropane mix 174. Maleic acid 52. Benzoic acid 115. 2,2-Dichloropropionic acid 175. Maleic anhydride 53. Benzonitrile 116. Dichlorvos 176. Mercaptodimethur 54. Benzoyl chloride 117. Dieldrin 177. Mercuric cyanide 55. Benzyl chloride 118. Diethylamine 178. Mercuric nitrate 56. Beryllium chloride 119. Dimethylamine 179. Mercuric sulfate 57. Beryllium fluoride 120. Dinitrobenzene 180. Mercuric thiocyanate 58. Beryllium nitrate 121. Dinitrophenol 181. Mercurous nitrate 59. Butylacetate 122. Dinitrotoluene 182. Methoxychlor 60. n-Butylphthalate 123. Diquat 183. Methyl mercaptan 61. Butylamine 124. Disulfoton 184. Methyl methacrylate 62. Butyric acid 125. Diuron 185. Methyl parathion 63. Cadmium acetate 186. Mevinphos 64. Cadmium bromide 187. Mexacarbate 65. Cadmium chloride 188. Monoethylamine 189. Monomethylamine 230. Sodium 260. Tetraethyl lead 190. Naled 231. Sodium arsenate 261. Tetraethyl pyrophosphate 191. Naphthalene 232. Sodium arsenite 262. Thallium sulfate 192. Naphthenic acid 233. Sodium bichromate 263. Toluene 193. Nickel ammonium sulfate 234. Sodium bifluoride 264. Toxaphene 194. Nickel chloride 235. Sodium bisulfite 265. Trichlorofon 195. Nickel hydroxide 236. Sodium chromate 266. Trichloroethylene 196. Nickel nitrate 237. Sodium cyanide 267. Trichlorophenol 197. Nickel sulfate 238. Sodium dodecylbenzenesulfonate 268. Triethanolamine dodecylbenzenesulfonate 198. Nitric acid 239. Sodium fluoride 269. Triethylamine 199. Nitrobenzene 240. Sodium hydrosulfide 270. Trimethylamine 200. Nitrogen dioxide 241. Sodium hydroxide 271. Uranyl acetate 201. Nitrophenol 242. Sodium hypochlorite 272. Uranyl nitrate 202. Nitrotoluene 243. Sodium methylate 273. Vanadium pentoxide 203. Paraformaldehyde 244. Sodium nitrite 274. Vanadyl sulfate 204. Parathion 245. Sodium phosphate (dibasic) 275. Vinyl acetate 205. Pentachlorophenol 246. Sodium phosphate (tribasic) 276. Vinylidene chloride 206. Phenol 247. Sodium selenite 277. Xylene 207. Phosgene 248. Strontium chromate 278. Xylenol 208. Phosphoric acid 249. Strychnine 279. Zinc acetate 209. Phosphorus 250. Styrene 280. Zinc ammonium chloride 210. Phosphorus oxychloride 251. Sulfuric acid 281. Zinc borate 211. Phosphorus pentasulfide 252. Sulfur monochloride 282. Zinc bromide 212. Phosphorus trichloride 253. 2,4,5-T acid (2,4,5- Trichlorophenoxyacetic acid) 283. Zinc carbonate 213. Polychlorinated biphenyls (PCB) 254. 2,4,5-T amines (2,4,5- Trichlorophenoxy acetic acid amines) 284. Zinc chloride 214. Potassium arsenate 255. 2,4,5-T esters (2,4,5 Trichlorophenoxy acetic acid esters) 285. Zinc cyanide 215. Potassium arsenite 256. 2,4,5-T salts (2,4,5- Trichlorophenoxy acetic acid salts) 286. Zinc fluoride 216. Potassium bichromate 257. 2,4,5-TP acid (2,4,5- Trichlorophenoxy 287. Zinc formate 217. Potassium chromate propanoic acid) 288. Zinc hydrosulfite 218. Potassium cyanide 258. 2,4,5-TP acid esters (2,4,5- Trichlorophenoxy propanoic acid esters) 289. Zinc nitrate 219. Potassium hydroxide 259. TDE (Tetrachlorodiphenyl ethane) 290. Zinc phenolsulfonate 220. Potassium permanganate 291. Zinc phosphide 221. Propargite 292. Zinc silicofluoride 222. Propionic acid 293. Zinc sulfate 223. Propionic anhydride 294. Zirconium nitrate 224. Propylene oxide 295. Zirconium potassium flouride 225. Pyrethrins 296. Zirconium sulfate 226. Quinoline 297. Zirconium tetrachloride 227. Resorcinol 228. Selenium oxide 229. Silver nitrate
See Form 1, General Instructions, for additional information. Who Must File Form 2E Form 2E must be completed in conjunction with Form 1. This short form may be used only by operators of facilities that discharge only nonprocess wastewater which is not regulated by effluent limitations guidelines or new source performance standards (NSPS). (Process wastewater is any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product.) The form is intended primarily for use by dischargers, new or existing, of sanitary wastes and noncontact cooling water. It may not be used for discharges of storm water runoff or by educational, medical, or commercial chemical laboratories or by certain publicly owned treatment works (POTWs). Public Availability of Submitted Information You may not claim as confidential any information required by this form or Form 1, whether the information is reported on the forms or in an attachment. This information will be made available to the public upon request. Any information you submit to ADEC which goes beyond that required by this form or Form 1 you may claim as confidential but claims for information which is effluent data will be denied. If you do not assert a claim of confidentiality at the time of submitting the information, ADEC may make the information public without further notice to you. Claims of confidentiality will be handled in accordance with ADEC’s business confidentiality regulations at 18 AAC 83.165. Follow Up Requirements for New Dischargers and New Sources Although you are now required to submit estimated data on this form (Form 2E), please note that no later than two years after you begin discharging from the proposed facility, you must complete and submit Section 5 of this form (Form 2E). At that time you must test and report actual rather than estimated data for the pollutants or parameters in Section 5, unless waived by the department as allowed by 18 AAC 83.315(d). Definitions All significant terms used in these instructions and in the form are defined in the glossary found at the end of these instructions. Completeness Your application will not be considered complete unless you answer every question on this form and Form 1 (except as instructed below). If an item does not apply to you, enter “NA” (for “not applicable”) to show that you considered the question. Section 1 – Facility Information Enter the facility’s official or legal name. Do not use a colloquial name. Section 2 – Outfall Location Provide the latitude and longitude for each outfall to the sixth decimal place. If the latitude and longitude are derived from a printed map, provide the information to the fourth decimal, and include the scale of the map. Name all waters to which discharge is made and which flow into significant receiving waters. For example, if the discharge is made to a ditch which flows into an unnamed tributary which in turn flows into a named river, provide the name or description (if no name is available) of the ditch, the tributary, and the river. The department prefers location information to be provided as the latitude and longitude in decimal degrees, Alaska Albers Projection, North American Datum of 1983. The preferred source of the coordinates is a GPS unit, but other methods will be accepted, including GPS, survey, internet (such as Topozone.com), and printed map. Clearly identify the horizontal accuracy and unit of measurement (e.g. 10 meters) and horizontal datum. For more than one outfall, attach separate copies of Sections 2, 3, 4 and 5 for each outfall. Section 3 – Discharge Date for New Facilities This item requires your best estimate of the date on which your facility will begin to discharge. Section 4 – Type of Waste Section 4-A Indicate the general type(s) of wastes to be discharged by placing an "x" in the appropriate box(es). If "other nonprocess wastewater" is marked, it should be identified. Section 4-B If cooling water additives are to be used, list them. In addition, the composition of the cooling water additives should be listed if this information is available. The composition of cooling water additives may be found on product labels or on manufacturer's data sheets. Section 5 – Effluent Characteristics Reporting All pollutant levels must be reported as concentration and as total mass (except for discharge flow, pH, and temperature). Total mass is the total weight of pollutants discharged over a day. Use the following abbreviations for units: Concentration Mass ppm............ parts per million lbs.............. pounds mg/L............ milligrams per liter ton.....……. Tons (English tons) ppb ............ parts per billion mg............. milligrams ug/L............ micrograms per liter g................ grams kg............... kilograms T.......……... Tonnes (metric tons Section 5-A. Existing Sources You are required to provide at least one analysis for each pollutant or parameter listed by filling in the requested information under the applicable column. Data reported must be representative of the facility's current operation (average daily value over the previous 365 days should be reported). Most facilities routinely monitor these pollutants or parameters as part of existing permit requirements. Estimate fecal coliform only if believed present or if sanitary waste is discharged and total residual chlorine only if chlorine is used. Chemical oxygen demand (COD) and total organic carbon (TOC) are only required if noncontact cooling water is discharged. The analysis of these pollutants or parameters must be done in accordance with procedures promulgated in 40 CFR Part 136 adopted by reference at 18 AAC 83.010. Grab samples must be used for pH, temperature, total residual chlorine, oil and grease, and fecal coliform. For all other pollutants, 24-hour composite samples must be used. Any further questions on sampling or analysis should be directed to the department. The department may request that you do additional testing, if appropriate, on a case-by-case basis under Section 308 of the Clean Water Act (CWA). If you expect a pollutant to be present solely as a result of its presence in your intake water, state this information in Section 8 of the form. Section 5-B. New Dischargers You are required to provide an estimated maximum daily and average daily value for each pollutant or parameter. Estimate fecal coliform only if believed present or if sanitary waste is discharged and total residual chlorine only if chlorine is used. Chemical oxygen demand (COD) and total organic carbon (TOC) are only required if noncontact cooling water is discharged. Please note that follow-up testing and reporting are required no later than 2 years after the facility starts to discharge. Sampling and analysis are not required at this time. If, however, data from such analyses are available, then such data should be reported. The source of the estimates is also required. Base your determination of whether a pollutant will be present in your discharge on your knowledge of the proposed facility's use of maintenance chemicals, and any analyses of your effluent or of any similar effluent. You may also provide the estimates based on available in-house or contractor's engineering reports or any other studies performed on the proposed facility. If you expect a pollutant or parameter to be present solely as a result of its presence in your intake water, state this information in Section 8 of the form. In providing the estimates, use the codes in the following table to indicate the source of such information. Engineering Study Code Actual data from pilot plants ............................... 1 Estimates from other engineering studies .......... 2 Data from other similar plants............................. 3 Best professional estimates................................ 4 Others………………………….Specify on the form Testing Waivers To request a waiver from reporting any of these pollutants or parameters, the applicant (whether a new or existing discharger) must submit a written request to the department specifying which pollutants or parameters should be waived and the reasons for requesting a waiver. This request should be submitted to the department before or with the permit application. The department may waive the requirements for information about any pollutant or parameter if it is determined that less stringent reporting requirements are adequate to support issuance of the permit. No extensive documentation of the request will normally be needed, but the applicant should contact the department to receive instructions on what a particular request should contain. Section 6 – Seasonality Describe the average frequency of flow and duration of any intermittent or seasonal discharge (except for storm water runoff, leaks, or spills). The frequency of flow means the number of days or months per year there is intermittent discharge. Duration means the number of days or hours per discharge. For new dischargers, base your answers on your best estimate.
Section 7 – Treatment System Briefly describe any treatment system(s) used (or to be used for new dischargers), indicating whether the treatment system is physical, chemical, biological, sludge and disposal, or other. Also give the particular type(s) of process(es) used (or to be used), and specify the processes applied, such as grit removal, ammonia stripping, dialysis, etc. Section 8 – Other Information A space is provided for additional information which you believe would be useful in setting permit limits, such as additional sampling. Any response here is optional. If you wish to demonstrate your eligibility for a "net" effluent limitation for any of the pollutants or parameters in Section 5, i.e., an effluent limitation adjusted to provide credit for the pollutant(s) present in your intake water, please insert a short statement describing why you believe you are eligible (see 18 AAC 83.545). You will then be contacted by the department for further instructions. Section 9 – Certification Alaska Statute 46.03.790 provides for severe penalties for submitting false information on this application form. State regulations at 18 AAC 83.385 require this application be signed and certified as follows: 1. For a corporation, a responsible corporate officer shall sign the application; in this subsection, a responsible corporate officer means: (A) a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (B) the manager of one or more manufacturing, production, or operating facilities, if (i) the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental statutes and regulations; (ii) the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and (iii) authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. 2. For a partnership or sole proprietorship, the general partner or the proprietor, respectively, shall sign the application; and 3. For a municipality, state, federal, or other public agency, either a principal executive officer or ranking elected official shall sign the application; in this subsection, a principal executive officer of an agency means (A) the chief executive officer of the agency or (B) a senior executive officer having responsibility for the overall operations of a principal geographic unit or division of the agency. Include the name and title of the person signing the form and the date of signing.
In addition to the information reported on the application form, you shall provide to the department, at the department’s request, any other information that the department may reasonably require to assess the discharges of the facility and to determine whether to authorize a mixing zone. The additional information may include additional quantitative data and bioassays to assess the relative toxicity of discharges to aquatic life and information required to determine the cause of toxicity. Mixing Zone Regulations Any references to 18 AAC 70 in this form refer to requirements of 18 AAC 70 (July 2003). A copy of the July 2003 regulations can be found here: http://dec.alaska.gov/water/wqsar/wqs/pdfs/70mas.pdf Who Must File Form 2M Form 2M must be completed in conjunction with either APDES Form 1 or 2A, or a General Permit Notice of Intent (NOI). This form must be completed by all applicants who check “yes” to Section 9D on APDES Form 1 or 2A. Any applicant who indicates a need for a mixing zone on a NOI must also fill out Form 2M. Public Availability of Submitted Information Your application will not be considered complete unless you answer every question on this form or on APDES Form 1 or 2A, or on a NOI. If an item does not apply to you, enter “NA” (for not applicable) to show that you considered the question. You may not claim as confidential any information required by this form or APDES Form 1 or 2A, or on a NOI, whether the information is reported on the forms or in an attachment. This information will be made available to the public upon request. Any information you submit to the department which goes beyond that required by this form or APDES Form 1 or 2A, or a NOI you may claim as confidential, but claims for information that is effluent data will be denied. If you do not assert a claim of confidentiality at the time of submitting the information, the department may make the information public without further notice to you. Claims of confidentiality will be handled in accordance with the department’s business confidentiality regulations at 18 AAC 83.165. Definitions All significant terms used in these instructions and in the form are defined in the glossary found at the end of APDES Forms 1, 2A, 2B, 2C, 2D, 2E, and 2F. Section 1 – Facility Information Enter the facility’s official or legal name and physical address or location. Do not use a colloquial name. Section 2 – Outfall Information For each outfall provide: • The distance from the shoreline to discharge or first port on diffuser. For marine waters, provide the distance at Mean Lower Low Water (MLLW); • The orientation of the diffuser to the shoreline (e.g., perpendicular, 45º, parallel); • The depth of the discharge port or diffuser. For marine waters, provide the depth at MLLW; • The number of ports; • The length of the diffuser; • The port spacing; and • The diameter of the ports. Attach additional copies of this section for each outfall. Section 3 – Receiving Water Information A) For Marine Discharges Fill out this section only if the discharge is to marine waters. Provide the maximum current. If possible, provide salinity and temperature data from the receiving water surface to the depth of the discharge port or diffuser. Data from both late winter/early spring and late summer/early fall is preferable. B) For Freshwater Discharges Fill out this section only if the discharge is to freshwater. Provide the water body temperature at the time of low flow. Provide the current or flow and approximate width and depth of the water body at low flow. For streams, rivers, or other flowing fresh waters, the volume of flow available for dilution must be determined using: a. The actual flow as determined by gauging data collected concurrent with the discharge; or b. for conventional or nontoxic substances, the 10-year, 7-day low flow (7Q10) appropriate to the period of discharge. (EPA did not approve using the 3-year, 2-day low flow (3Q2) stated in 18 AAC 70.255(f)(2) (July 2003) the 7Q10 is the accepted low flow for conventional or nontoxic substances); c. for toxic substances, the 7Q10 as the chronic criteria design flow and the 10-year, 1-day low flow (1Q10) as the acute criteria design flow for protection of aquatic life; and d. for carcinogens, the harmonic mean flow as the design flow for the protection of human health The low flows must be calculated using methods of Ashton and Carlson, Determination of Seasonal, Frequency and Durational Aspects of Streamflow with Regard to Fish Passage Through Roadway Drainage Structures (1984); Carlson, Seasonal, Frequency and Durational Aspects of Streamflow in Southeast and Coastal Alaska (1987); or another appropriate regional regression flow model approved by the department. Numeric water quality criteria apply at all design flows that are equal to or greater than the critical low flows. If your receiving water body is a lake or pond, provide the dimensions. C) Uses of Receiving Water at Distance from Point of Discharge Provide the distance in meters from the point of discharge that the uses listed in the table may occur. If fish spawning occurs, list the species of fish that are known to spawn near your discharge [including fish listed in 18 AAC 70.255(h)]. The “Anadromous Waters Catalog” should be checked to verify that spawning does not occur for anadromous fishes (http://www.sf.adfg.state.ak.us/SARR/AWC/). Attach a copy of this section for each outfall. Section 4 – Mixing Zone Information A) Mixing Zone Size and Configuration Provide the dilution factor required for any pollutant in the discharge. To do this, first determine the Maximum Expected Concentration (MEC), otherwise termed the Reasonable Potential (RP) value, then determine the required dilution needed to meet the acute and/or chronic water quality standard for that pollutant. Use an approved mixing zone model to generate the mixing zone, length, and width (in meters). For marine discharges, use the 10th percentile of the maximum current to model the width and the 90th percentile current to model the length of the mixing zone. B) Pollutants Provide a list of pollutants for which the mixing zone is being requested. A mixing zone shall be requested for any pollutants that do not meet Alaska Water Quality Standards (18 AAC 70) at the point of discharge. A mixing zone for pollutants that bioaccumulate, bioconcentrate, or persist, or can cause carcinogenic, mutagenic, or teratogenic effects will require site-specific exposure and risk assessment in addition to the information provided in this form. C) Model Information Attach a separate sheet describing the input values not included on this form, the assumptions, and the outcome of the model used. If CORMIX was used to model the mixing zone, the “CORMIX Checklist for Data Preparation” must be submitted with Form 2M. D) Mixing Zone Map Attach a map showing the location and depth on any outfall(s). Include the outline and dimensions of the mixing zone being requested as a result of modeling. Section 5 – Certification Alaska Statute 46.03.790 provides for severe penalties for submitting false information on this application form. State regulations at 18 AAC 83.385 require this application be signed and certified as follows: 1. For a corporation, a responsible corporate officer shall sign the application; in this subsection, a responsible corporate officer means: (A) a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (B) the manager of one or more manufacturing, production, or operating facilities, if (i) the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental statutes and regulations; (ii) the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and (iii) authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. 2. For a partnership or sole proprietorship, the general partner or the proprietor, respectively, shall sign the application; and 3. For a municipality, state, federal, or other public agency, either a principal executive officer or ranking elected official shall sign the application; in this subsection, a principal executive officer of an agency means (A) the chief executive officer of the agency or (B) a senior executive officer having responsibility for the overall operations of a principal geographic unit or division of the agency. Include the name and title of the person signing the form and the date of signing.
GLOSSARY NOTE: This Glossary includes terms used in the instructions and in Forms 1, 2A, 2B, 2C, 2D, 2E, and 2F. If you have any questions concerning the meaning of any of these terms, please contact ADEC. ADEC means the Alaska Department of Environmental Conservation.
ADMINSTRATOR means the administrator of the United States Environmental Protection Agency (EPA), or an authorized representative.
ALASKA POLLUTANT DISCHARGE ELIMINATION SYSTEM OR APDES means the state’s program, approved by EPA under 33.U.S.C. 1342(b), for issuing, modifying, revoking, and reissuing, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements under 33 U.S.C. 1317, 1328, 1342, and 1345.
ALIQUOT means a sample of specified volume used to make up a total composite sample.
ANIMAL FEEDING OPERATION (AFO) means a lot or facility (other than an aquatic animal production facility) where the following conditions are met 1) Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; and 2) Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes.
ANIMAL UNIT means a unit of measurement for any animal feeding operation calculated by adding the following numbers: The number of slaughter and feeder cattle multiplied by 1.0; Plus the number of mature dairy cattle multiplied by 1.4; Plus the number of swine weighing over 25 kilograms (approximately 55 pounds) multiplied by 0.4; Plus the number of sheep multiplied by 0.1; Plus the number of horses multiplied by 2.0.
APPLICATION means a submission of required information on (A) the EPA standard national forms for applying for an NPDES permit, or (B) the Department equivalent forms adopted by the state for use in the APDES program and approved by EPA for use by the state, including any approved modifications or revisions.
APPROVED PROGRAM or APPROVED STATE means a state program which has been approved or authorized by EPA under 40 CFR Part 123.
AQUACULTURE PROJECT means a defined managed water area which uses discharges of pollutants into that designated area for the maintenance or production of harvestable freshwater, estuarine, or marine plants or animals. “Designated project area” means the portions of the waters of the United States within which the applicant plans to confine the cultivated species, using a method of plan or operation (including, but not limited to, physical confinement) which, on the basis of reliable scientific evidence, is expected to ensure the specific individual organisms comprising an aquaculture crop will enjoy increased growth attributable to the discharge of pollutants and be harvested within a defined geographic area.
AVERAGE MONTHLY DISCHARGE LIMITATION means the highest allowable average of daily discharges over a calendar month, calculated as the sum of all the daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.
AVERAGE WEEKLY DISCHARGE LIMITATION means the highest allowable average of daily discharges over a calendar week, calculated as the sum of all the daily discharges measured during a calendar week divided by the number of daily discharges measured during that week.
BEST MANAGEMENT PRACTICES (BMP) means (A) schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States; and (B) treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
BIOLOGICAL MONITORING TEST or BIOMONITORING TEST means any test which includes the use of aquatic algal, invertebrate, or vertebrate species to measure acute or chronic toxicity, and any biological or chemical measure of bioaccumulation. BYPASS means the intentional diversion of wastes from any portion of a treatment facility.
COMMISSIONER means the commissioner of the Alaska Department of Environmental Conservation.
CONCENTRATED ANIMAL FEEDING OPERATION (CAFO) means an animal feeding operation which meets the criteria set forth in either (A) or (B) below or which the Director designates as such on a case-by-case basis: (A) Large CAFO: As many as or more than the numbers of animals specified in any of the following categories are stabled or confined: 1. 700 mature dairy cows, whether milked or dry cows; 2. 1,000 veal calves; 3. 1,000 cattle other than mature dairy cows or veal calves; 4. 2,500 swine each weighing 55 pounds or more; 5. 10,000 swine each weighing less than 55 pounds; 6. 500 horses; 7. 10,000 sheep or lambs; 8. 55,000 turkeys; 9. 30,000 laying hens or broilers, if the AFO uses a liquid manure handling system; 10. 125,000 chickens (other than laying hens), if the AFO uses other than a liquid manure handling system; 11. 82,000 laying hens, if the AFO uses other than a liquid manure handling system; 12. 30,000 ducks, if the AFO uses other than a liquid manure handling system; or 13. 5,000 ducks, if the AFO uses a liquid manure handling system. (B) Medium CAFO: The type and number of animals falls within any of the ranges listed below, and if pollutants are discharged into the waters of the United States through a man-made ditch, flushing system, or other similar man-made device; or if pollutants are discharged directly into waters of the United States which originate outside of and pass over, across, or through the facility or otherwise come into contact with the animals confined in the operation: 1. 200 to 699 mature dairy cows, whether milked or dry cows; 2. 300 to 999 veal calves; 3. 300 to 999 cattle other than mature dairy cows or veal calves; 4. 750 to 2,499 swine each weighing 55 pounds or more; 5. 3,000 to 9,999 swine each weighing less than 55 pounds; 6. 150 to 499 horses; 7. 3,000 to 9,999 sheep or lambs; 8. 16,500 to 54,999 turkeys; 9. 9,000 to 29,999 laying hens or broilers, if the AFO uses a liquid manure handling system; 10. 37,500 to 124,999 chickens (other than laying hens), if the AFP uses other than a liquid manure handling system; 11. 25,000 to 81,999 laying hens, if the AFO uses other than a liquid manure handling system; 12. 10,000 to 29,999 ducks, if the AFO uses other than a liquid manure handling system; or 13. 1,500 to 4,999 ducks, if the AFO uses a liquid manure handling system.
CONCENTRATED AQUATIC ANIMAL PRODUCTION FACILITY means a hatchery, fish farm, or other facility which contains, grows or holds aquatic animals in either of the following categories, or which the Director designates as such on a case-by-case basis: (A) Cold water fish species or other cold water aquatic animals including, but not limited to, the Salmonidae family of fish (e.g., trout and salmon) in ponds, raceways or other similar structures which discharge at least 30 days per year but does not include: 1. Facilities which produce less than 9,090 harvest weight kilograms (approximately 20,000 pounds) of aquatic animals per year; and 2. Facilities which feed less than 2,272 kilograms (approximately 5,000 pounds) of food during the calendar month of maximum feeding. (B) Warm water fish species or other warm water aquatic animals including, but not limited to, the Ameiuridae, Cetrarchiclae, and Cyprinidae families of fish (e.g., respectively, catfish, sunfish, and minnows) in ponds, raceways, or other similar structures which discharge at least 30 days per year, but does not include: 1. Closed ponds which discharge only during periods of excess runoff; or 2. Facilities which produce less than 45,454 harvest weight kilograms (approximately 100,000 pounds) of aquatic animals per year.
CONTACT COOLING WATER means water used to reduce temperature which comes into contact with a raw material, intermediate product, waste product other than heat, or finished product.
CONTIGUOUS ZONE means the entire zone established by the United States under article 24 of the Convention on the Territorial Sea and the Contiguous Zone.
CONTINUOUS DISCHARGE means a discharge that occurs without interruption throughout the operating hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar activities.
CLEAN WATER ACT (CWA) means the federal law codified at 33 U.S.C. 1251-1387, also known or referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972.
DAILY DISCHARGE means the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling; the daily discharge is calculated for a pollutant with limitations expressed in (A) unit of mass, as the total mass of the pollutant discharged over the day, and (B) other units of measurement, as the average measurement of the pollutant over the day.
DEPARTMENT means the Alaska Department of Environmental Conservation.
DIRECT DISCHARGE means the discharge of a pollutant.
DIRECTOR means the commissioner or the commissioner’s designee assigned to administer the APDES Program or a portion of it unless the context identifies an EPA director.
DISCHARGE when used without qualification means the discharge of a pollutant.
DISCHARGE (OF A POLLUTANT) A) means any addition of any pollutant or combination of pollutants i) to waters of the United States from any point source; or ii) to waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft that is being used as a means of transportation; B) includes any addition of pollutants into waters of the United States from (i) surface runoff that is collected or channeled by humans; (ii) discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person that do not lead to a treatment works; and C) does not include an addition of pollutants by any indirect discharger.
DISCHARGE MONITORING REPORT(DMR) means the EPA uniform national form, adopted by reference in 18 AAC 83.410(d), for the self-monitoring results by permittees, including any department equivalent modified to substitute the Department’s name address, logo, and other similar information, as appropriate, in place of information pertaining to EPA.
DRAFT PERMIT means a document prepared under 18 AAC 83.115, indicating the Department’s tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a permit.
EFFLUENT LIMITATION or EFFLUENT LIMIT means any restriction imposed by the Department on quantities, discharge rates, and concentrations of pollutants that are discharged from point sources into waters of the United States, the waters of the contiguous zone, or the ocean.
EFFLUENT LIMITATION GUIDELINES means a regulation published by the administrator under 33 U.S.C. 1314(b) to adopt or revise effluent limitations.
ENVIRONMENTAL PROTECTION AGENCY or EPA means the United States Environmental Protection Agency.
EXISTING SOURCE or EXISTING DISCHARGER (in the APDES program) means any source which is not a new source or a new discharger.
FACILITY or ACTIVITY means any point source or any other facility or activity, including land or appurtenances, that is subject to regulation under the APDES program.
FEDERAL INDIAN RESERVATION means all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation.
GENERAL PERMIT means an APDES permit issued under 18 AAC 83.205, or an NPDES permit issued by EPA under 40 CFR §122.28 before the state’s acceptance of delegation of the NPDES program, authorizing a category of discharges under 33 U.S.C. 1251 – 1387 within a geographical area.
HAZARDOUS SUBSTANCE means any of the substances designated under 40 CFR Part 116 in accordance with 33 U.S.C. 1321. (NOTE: These substances are listed in Table 2C-4 of the instructions to Form 2C) IN OPERATION means a facility which is treating, storing, or disposing of hazardous waste.
INDIAN TRIBE means any Indian tribe, band, group, or community recognized by the United States Secretary of the Interior and exercising governmental authority over a federal Indian reservation.
INDIRECT DISCHARGER means a nondomestic discharger introducing pollutants to a publicly owned treatment works.
INDIVIDUAL CONTROL STRATEGY means a final APDES permit with supporting documentation showing that effluent limits are consistent with an approved waste load allocation or other documentation which shows that applicable water quality standards with be met no later than three years after the individual control strategy is established.
INTERSTATE AGENCY means an agency of two or more states established by or under an agreement or compact approved by the United States Congress, or any other agency of two or more states having substantial powers or duties pertaining to the control of pollution as determined and approved by the administrator under 33 U.S.C 1251 – 1387 and regulations adopted under those provisions.
LOG SORTING AND LOG STORAGE FACILITIES means facilities where discharges result from the holding of unprocessed wood, such as logs or roundwood with bark or after removal of bark held in self-contained bodies of water such as mill ponds or log ponds or stored on land for wet decking where water is applied intentionally on the logs.
MAJOR FACILITY means any NPDES facility or activity classified as a major facility by the regional administrator, or any APDES facility or activity classified as a major facility by the regional administrator in conjunction with the Department.
MAXIMUM DAILY DISCHARGE LIMITATION means the highest allowable daily discharge. MGD means millions of gallons per day.
MINOR FACILITY means any facility that is not a major facility.
MUNICIPALITY means a city, village, town, borough, district, association, or other public body created by or under state law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of CWA [33 U.S.C. 1288].
MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4 has the meaning given in 40 CFR 122.26(b)(4) and (b)(7), adopted by reference in 18 AAC 83.010.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES (A) means the national program for issuing, modifying, revoking, and reissuing, terminating, monitoring, and enforcing permits and imposing and enforcing pretreatment requirements, under Sections 307, 318, 402, and 405 of CWA [33 U.S.C 1317, 1328, 1342, and 1345]; (B) includes the APDES program, as approved by EPA.
NEW DISCHARGER (A) means any building, structure, facility, or installation (i) from which there is or may be a discharge of pollutants; (ii) that did not commence the discharge of pollutants at a particular site before August 13, 1979; (iii) that is not a new source; and (iv) that has never received a finally effective NPDES permit for discharges at that site; (B) includes (i) an indirect discharger that commenced or commences discharging into waters of the United States after August 13, 1979; (ii) any existing mobile point source other than an offshore or coastal oil and gas exploratory drilling rig or a coastal oil and gas development drilling rig such as a seafood processing rig, seafood processing vessel, or aggregate plant, that begins discharging at a site for which it does not have a permit; and (iii) any offshore or coastal mobile oil and gas exploratory drilling rig or coastal mobile oil and gas developmental rig that commenced or commences the discharge of pollutants after August 13, 1979, at a site under EPA’s permitting jurisdiction for which it is not covered by an individual or general permit and which is located in an area determined by the regional administrator in the issuance of a final permit to be an area of biological concern considering the factors specific in 40 CFR §125.122(a)(1) – (10), adopted by reference in 18 AAC 83.010; (iv) an offshore or coastal mobile exploratory drilling rig or coastal mobile developmental drilling rig will be considered a new discharger only for the duration of its discharge in an area of biological concern.
NEW SOURCE (A) means any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced (i) after promulgation of standards of performance under Section 306 of CWA [33 U.S.C. 1316] that are applicable to a new source; or (ii) after proposal of standards of performance in accordance with Section 306 of CWA [33 U.S.C. 1316] that are applicable to a new source, but only if the standards are promulgated in accordance with Section 306 of CWA [33 U.S.C 1316] within 120 days of their proposal; (B) except as otherwise provided in an applicable new source performance standard, is a source that (i) is constructed at a site at which no other source is located; (ii) totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (iii) has processes which are substantially independent of an existing source at the same site, considering such factors as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source. (C) for purposes of (A) and (B), is a new source only if a new source performance standard is independently applicable to it; if there is no independently applicable standard, the source is a new discharger; (D) is construction of a new source that has commenced if the owner or operator has (i) begun, or caused to begin as part of a continuous onsite construction program, any placement, assembly, or installation of facilities or equipment or significant site preparation work including clearing, excavation or removal of existing buildings, structures, or facilities that is necessary for the placement, assembly, or installation of new source facilities or equipment; or (ii) entered into a binding contractual obligation for the purchase of a facilities or equipment intended to be used in its operation within a reasonable time; options to purchase or contracts that can be terminated or modified without substantial loss, contracts for feasibility engineering and design studies do not constitute a contractual obligation; (E) does not include construction on a site that results in a modification to an existing source subject to 18 AAC 83.130, if the construction does not create a new building, structure, facility, or installation meeting the criteria in (A) – (D) of this paragraph, but otherwise alters, replaces, or adds to existing process or production equipment. (F) as used in (A)-(E) of this paragraph: (i) “existing source” means any source that is not a new source or a new discharger; (ii) “facility or equipment” means any building, structure, process or production equipment or machinery which form a permanent part of the new source and which will be used in its operation, if the facility or equipment is of such value as to represent a substantial commitment to construct, but does not include any facility or equipment used in connection with feasibility, engineering, and design studies regarding the source or water pollution treatment for the source; (iii) “source” means any building, structure, facility, or installation from which there is or may be a discharge of pollutants;
NONCONTACT COOLING WATER means water used to reduce temperature which does not come into direct contact with any raw material, intermediate product, waste product (other than heat), or finished product.
ON-SITE CONTACT means the person who is thoroughly familiar with the operation of the facility and with the facts reported in this application and who can be contacted by reviewing offices if necessary.
OPERATOR means the party responsible for the overall operation of a facility. (See “Responsible Party”)
OUTFALL means a point source.
OWNER means the owner of any facility subject to regulation under the APDES program. PERMIT (A) means an authorization, license, or equivalent control document issued by the Department to implement the requirements of the APDES Program and 18 AAC 83; (B) includes an APDES general permit and an EPA-issued NPDES general permit.
PERSON means an individual, association, partnership, corporation, municipality, state or federal agency, or an agent or employee thereof.
POINT SOURCE (A) means any discernible, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft from which pollutants are or may be discharged; (B) does not include return flows from irrigated agricultural storm water runoff.
POLLUTANT (A) means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials except those regulated under 42 U.S.C. 2011, heat, wrecked or discarded equipment, rocks, sand, cellar dirt and industrial, municipal, or agriculture waste discharged into water; (B) does not include sewage from vessels or water, gas, or other material that is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well (i) is used either to facilitate production or for disposal purposes (ii) is approved by authority of the Department, and (iii) if the Department determines that the injection or disposal will not result in the degradation of ground or surface water resources.
PRELIMINARY DRAFT PERMIT means a draft permit that the Department intends to provide notice of under 18 AAC 83.120 and that is provided in advance to the applicant under 18 AAC 83.115(e).
PRETREATMENT has the meaning given in 40 CFR §403.3(q), adopted by reference in 18 AAC 83.010.
PRIMARY INDUSTRY CATEGORY means any industry category listed in Appendix A to 40 CFR Part 122, adopted by reference in 18 AAC 83.010.
PRIVATELY OWNED TREATMENT WORKS means any device or system that is used to treat wastes from any facility whose operator is not the operator of the treatment works and is not a POTW.
PROCESS WASTEWATER means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product.
PROPOSED FINAL PERMIT means a permit, prepared after the public comment period and any public hearing and administrative appeal, that may be sent to EPA for review before final issuance by the Department.
PUBLICLY OWNED TREATMENT WORKS or POTW (A) means a treatment works as defined by 33 U.S.C. 1292 that is owned by a state or municipality; municipality includes a municipality that has jurisdiction over the indirect discharges to and the discharges from such a treatment works; (B) includes (i) any device and system used in the storage, treatment recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature; and (ii) any sewer, pipes, and other conveyances that conveys wastewater to a POTW treatment plant.
RECOMMENCING DISCHARGER means a source that recommences discharge after terminating operations.
REGIONAL ADMINISTRATOR means the regional administrator of EPA Region 10 or the authorized representative of the regional administrator.
RESPONSIBLE PARTY means the person, firm, public organization, or any other entity responsible for the overall operation of the facility. This may or may not be the same name as the facility. The responsible party is the legal entity which controls the facility's operation rather than the plant or site manager and receives all correspondence from the Department.
ROCK CRUSHING OR GRAVEL WASHING FACILITIES means facilities that process crushed and broken stone, gravel, and riprap.
SCHEDULE OF COMPLIANCE means a schedule of remedial measures in a permit, including an enforceable sequence of interim requirements such as actions, operations, or milestone events, leading to compliance with 33 U.S.C. 1251 – 1387 and 18 AAC 83.
SECONDARY INDUSTRY CATEGORY means any industry category that is not a primary industry category.
SEPTAGE means the liquid and solid material pumped from a septic tank, cesspool, or similar domestic sewage treatment system, or a holding tank when the system is cleaned or maintained.
SEVERE PROPERTY DAMAGE means substantial physical damage to property, damage to treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass; in this paragraph, “severe property damage” does not include economic loss caused by delays in production.
SEWAGE FROM VESSELS means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes that are discharged from vessels and regulated under Section 312 of CWA [33 U.S.C. 1322].
SEWAGE SLUDGE (A) means any solid, semi-solid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage; (B) includes solids removed during primary, secondary, or advanced wastewater treatment, scum, septage, portable toilet pumping, type III marine sanitation device pumping under 33 CFR Part 159, and sewage sludge products; (C) does not include grit, screenings, or ash generated during the incineration of sewage sludge.
SEWAGE SLUDGE USE OR DISPOSAL PRACTICE means the collection, storage, treatment, transportation, processing, monitoring, use, or disposal of sewage sludge.
Silvicultural POINT SOURCE (A) means any discernable, confined, and discrete conveyance related to rock crushing and gravel washing, log sorting, or log storage facilities that are operated in connection with silvicultural activities and from which pollutants are discharged into waters of the United States; (B) does not include non-point source silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff. However, some of these activities (such as stream crossing for roads) may require a CWA Section 404 permit. SITE means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
STATE means the State of Alaska.
STATE AND EPA AGREEMENT means an agreement between the regional administrator and the state that coordinates EPA and state activities, responsibilities, and programs, including those under 33 U.S.C. 1251-1387.
STORMWATER means stormwater runoff, snow melt runoff, and surface runoff and drainage.
STORMWATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY means the discharge from any conveyance that is used for collecting and conveying stormwater and that is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant.
SURFACE IMPOUNDMENT or IMPOUNDMENT means a facility or part of a facility which is a natural topographic depression, manmade excavation, or diked area formed primarily of earthen materials (although it may be lined with manmade materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.
TOTAL DISSOLVED SOLIDS means the total dissolved solids as determined by use of the method specified in 40 CFR Part 136, adopted by reference in 18 AAC 83.010.
TOXIC POLLUTANT means any pollutant listed as toxic under Section 307(a)(1) of CWA [33 U.S.C. 1317(a)(1)].
TREATMENT WORKS TREATING DOMESTIC SEWAGE (TWTDS) means a POTW or any other sewage sludge or wastewater treatment devices or systems, regardless of ownership (including federal facilities), used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated for the disposal of sewage sludge.
UNDERGROUND INJECTION means well injection. UPSET means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee; upset does not include the following: (A) noncompliance to the extent caused by operational error; (B) improperly designed or installed treatment facilities: (C) inadequate treatment facilities; (D) lack of preventive maintenance; (E) careless or improper operation.
VARIANCE (A) means any mechanism or provision under 33 U.S.C. 1311 or 1326 or under 18 AAC 83.160, or in the applicable effluent limitations guidelines, that allows a modification or waiver of the generally applicable effluent limitation requirements or time deadlines of 33 U.S.C 1251 – 1387; (B) includes provisions that allow the establishment of alternative limitations based on fundamentally different factors or based upon 33 U.S.C. 1311(c), (g) – (i), or 1326(a).
WATERS OF THE UNITED STATES or WATERS OF THE U.S. (A) means: (i) all waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide; (ii) all interstate waters, including interstate wetlands; (iii) all other waters such as intrastate lakes, rivers, streams, including intermittent streams, mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce, including any such waters that are or could be used by interstate or foreign travelers for recreational or other purposes; from which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or that are used or could be used for industrial purposes by industries in interstate commerce; (iv) all impoundments of waters otherwise defined as waters of the United States; (v) tributaries of waters identified in paragraphs (i) – (iv); (vi) the territorial sea; and (vii) wetlands adjacent to waters, other than waters that are themselves wetlands, identified in paragraphs (i) - (vi) (B) does not include (i) waste treatment systems including treatment ponds or lagoons designed to meet the requirements of 33 U.S.C. 1251 – 1387 (CWA), other than cooling ponds as defined in 40 CFR §423.11(m), adopted by reference in 18 AAC 83.010 that also meet the criteria of this paragraph; (ii) prior converted cropland; however, notwithstanding the determination of an area’s status as prior converted cropland by any federal agency other than EPA, the final authority regarding CWA jurisdiction remains with EPA.
WELL INJECTION or UNDERGROUND INJECTION means the subsurface emplacement of fluids through a bored, drilled, or driven well; or through a dug well, where the depth of the dug we is greater than the largest surface dimension.
WETLANDS means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soi conditions, and generally include swamps, marshes, bogs, and similar areas.
WHOLE EFFLUENT TOXICITY means the aggregate toxic effect of an effluent measured directly by a toxicity test.
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