Noncompliance caused by a bypass can be an actionable violation, but noncompliance
caused by an upset will always be excused. A bypass is an intentional diversion of a
waste stream from any portion of a treatment facility when there are no feasible
alternatives to bypassing and it is necessary to bypass in order to avoid loss of life,
personal injury, or severe property damage. An upset is an exceptional incident in
which there is unintentional and temporary noncompliance with technologically-based
effluent limitation because of factors beyond the reasonable control of the permittee.
An upset does not include noncompliance caused by lack of preventive maintenance;
careless or improper operation; or lack of backup equipment for use during normal
periods of equipment downtime or preventive maintenance. The permit can also require
reporting within 24 hours of violation of a maximum daily discharge limitation for any
pollutant of special concern to EPA.
The permit will specify requirements concerning the monitoring equipment
(e.g., proper use, maintenance, and installation), monitoring activities (e.g., type,
contain requirements to monitor the mass (or other measurement related to any effluent
limitation) for each pollutant regulated by the permit, the volume of effluent
discharged from each outfall and any other relevant information.
Oil Spill Plan. A Spill Prevention, Control, and Countermeasure (SPCC) Plan
is required if the project would have an aggregate underground-aboveground storage
capacity of oil which exceeds 1,320 gallons, a single aboveground container larger than
660 gallons, or an aggregate underground storage of oil which exceeds 42,000 gallons and
which has discharged, or could reasonably be expected to discharge oil in harmful
quantities into nearby lakes or streams. Almost all power plants have this much oil
after transformer oils and lube oils are considered. The SPCC Plan need not be
submitted but merely available to the EPA for inspection at the plant.
The SPCC must be prepared within 6 months after the plant begins operation
and must be implemented not later than one year after the plant begins operations. If
the plan is not completed on time, a request can be made to the EPA Regional
Administrator for an extension. The plan must be reviewed by a registered Professional
Engineer (PE), and he must attest that the SPCC Plan has been prepared in accordance
with good engineering practices. EPA has proposed revisions to the SPCC Plan
regulations. The changes would require the SPCC Plan to be fully implemented when the
plant begins commercial operation. The PE certification would also include a statement
that the SPCC Plan conforms to the requirements of EPA's regulations.
Where experience indicates a reasonable potential for equipment failure
(such as tank rupture, overflow, or leakage), the plan should include a prediction of
the direction, rate of flow, and total quantity of oil which could be discharged from
the facility as a result of each major type of failure.