MARYLAND DEPARTMENT OF THE ENVIRONMENT WATER AND SCIENCE ADMINISTRATION NOTICE OF FINAL DETERMINATION Baltimore City Application for State Discharge Permit, 15DP0581, NPDES Permit MD0021555: City of Baltimore, Department of Public Works, Abel Wolman Municipal Building, 6th Floor, 200 N. Holiday Street, Baltimore, Maryland 21202, applied for renewal of the permit to discharge an average of 180,000,000 gallons per day (gpd) (180.0 MGD) of treated domestic and industrial wastewater from the Back River Wastewater Treatment Plant (WWTP), located at 8201 Eastern Boulevard, Baltimore, Maryland 21224 to the Back River, which is designated as Use II stream, protected for support of estuarine and marine aquatic life and water contact recreation (migratory spawning and nursery use from February 1 to May 31, shallow water submerged aquatic vegetation use from April1 to October 31, and open water fish and shellfish use, except for shellfish harvesting- COMAR 26.08.02.08 K (2) (c), from January 1 to December 31), and through Tradepoint Atlantic, LLC (formerly known as Sparrows Point Terminal, LLC) to Bear Creek. Written comments were received from University of Maryland Environmental Law Clinic and Environmental Integrity Project on the tentative determination published on August 18 and August 25, 2017 in the The Sun newspaper. After considering all the comments, the final determination is to reissue the permit with the following changes to the tentative determination: 1. Footnote (4)(a) on Page 8 has been revised, as follows: "The facility shall meet an annual load limit of 2,192,800 lbs/yr for total nitrogen, 109,600 lbs/yr for total phosphorus and 8,548,254 lbs/yr for total suspended solids for effluent discharged from outfall 001A and 002A combined together." The ENR limits included in the permit go into effect on the effective date of this permit. 2. Special Condition IV. A and B. have been revised as follows: IV. CIVIL AND CRIMINAL PENALTIES A. Civil Penalties for Violations of Permit Conditions In addition to civil penalties for violations of State water pollution control laws set forth in Section 9-342 of the Environment Article, Annotated Code of Maryland; the Permittee shall be subject to civil penalty set forth in 33 U.S.C. 1319 (d) of the Clean Water Act as adjusted for inflation according to 40 CFR, 19.4. B. Criminal Penalties for Violations of Permit Conditions In addition to criminal penalties for violations of State water pollution control laws set forth in Section 9-343 of the Environment Article, Annotated Code of Maryland, the Permittee shall be subjected to criminal penalty set forth in 33 U.S.C. 1319 (c). All other terms and conditions in the tentative determination remain unchanged. Any person adversely affected by this final determination may request a judicial review. The judicial review must be filed no later than April 5, 2018 in the circuit court of the county where the activity will occur. Persons wishing to review the final permit may do so by contacting Mr. Yen-Der Cheng, Chief, Municipal Permits Division at 410-537-3363 to make an appointment. Copies of documents may be obtained at a cost of $0.36 per page.