[Federal Register Volume 65, Number 210 (Monday, October 30, 2000)]
[Notices]
[Pages 64746-64880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25469]
[[Page 64745]]
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Part II
Environmental Protection Agency
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Final Reissuance of National Pollutant Discharge Elimination System
(NPDES) Storm Water Multi-Sector General Permit for Industrial
Activities; Notice
Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 /
Notices
[[Page 64746]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6880-5]
Final Reissuance of National Pollutant Discharge Elimination
System (NPDES) Storm Water Multi-Sector General Permit for Industrial
Activities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Final NPDES general permit.
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SUMMARY: The Regional Administrators of EPA Regions 1, 2, 3, 4, 6, 8, 9
and 10 are today reissuing EPA's NPDES Storm Water Multi-Sector General
Permit (MSGP). This general permit was first issued on September 29,
1995 (60 FR 50804), and amended on February 9, 1996 (61 FR 5248),
February 20, 1996 (61 FR 6412), September 24, 1996 (61 FR 50020),
August 7, 1998 (63 FR 42534) and September 30, 1998 (63 FR 52430). The
reissuance of the MSGP was proposed by EPA on March 30, 2000 (65 FR
17010). Today's final MSGP will authorize the discharge of storm water
from industrial facilities consistent with the terms of the permit.
DATES: This MSGP shall be effective on October 30, 2000. This effective
date is necessary to provide dischargers with the immediate opportunity
to comply with Clean Water Act requirements in light of the expiration
of the existing MSGP on October 1, 2000. Deadlines for submittal of
notices of intent are provided in Section VI.A.2 of this fact sheet and
Part 2.1 of the MSGP. Today's MSGP also provides additional dates for
compliance with the terms of the permit.
ADDRESSES: The index to the administrative record for the final MSGP is
available at the appropriate Regional Office or from the EPA Water
Docket Office in Washington, DC. The administrative record, including
documents immediately referenced in this reissuance notice and
applicable documents used to support the original issuance of the MSGP
in 1995, are stored at the EPA Water Docket Office at the following
address: Water Docket, MC-4101, U.S. EPA, 401 M Street SW, room EB57,
Washington, DC 20460. The records are available for inspection from 9
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. For
appointments to examine any portion of the administrative record,
please call the Water Docket Office at (202) 260-3027. A reasonable fee
may be charged for copying. Specific record information can also be
made available at the appropriate Regional Office upon request.
FOR FURTHER INFORMATION CONTACT: For further information on the final
MSGP, contact the appropriate EPA Regional Office. The name, address
and phone number of the EPA Regional Storm Water Coordinators are
provided in Section VI.F of this fact sheet. Information is also
available through the Internet on EPA's Office of Wastewater Management
website at http://www.epa.gov/owm/sw.
SUPPLEMENTARY INFORMATION: The following fact sheet provides background
information and explanation for today's notice of final MSGP
reissuance, including a summary Response to Comments regarding the
comments which were received on the proposed MSGP. The actual language
of the final MSGP appears after this fact sheet.
Fact Sheet
Table of Contents
I. Background
A. Pollutants in Storm Water Discharges Associated with Industrial
Activities in General
B. Summary of Options for Controlling Pollutants
C. The Federal/Municipal Partnership: The Role of Municipal
Operators of Large and Medium Municipal Separate Storm Sewer Systems
II. Organization of Final MSGP and Summary of Changes From the 1995
MSGP and the March 30, 2000 Proposed MSGP
III. Geographic Coverage of Final MSGP
IV. Categories of Facilities Covered by Final MSGP
V. Limitations on Coverage
A. Storm Water Discharges Subject to Effluent Guidelines
Limitations, Including New Source Performance Standards
B Historic Preservation
C. Endangered Species
D. New Storm Water Discharges to Water Quality-Impaired or Water
Quality-Limited Receiving Waters
E. Storm Water Discharges Subject to Anti-Degradation Provisions
of Water Quality Standards
F. Storm Water Discharges Previously Covered by an Individual
Permit
G. Requiring Coverage Under an Individual Permit or an Alternate
General Permit
VI. Summary of Common Permit Conditions
A. Notification Requirements
1. Content of NOI
2. Deadlines
3. Municipal Separate Storm Sewer System Operator Notification
4. Notice of Termination
5. Conditional Exclusion for No Exposure
B. Special Conditions
1. Prohibition of Non-storm Water Discharges
2. Releases of Reportable Quantities of Hazardous Substances and
Oil
3. Co-located Industrial Facilities
4. Numeric Effluent Limitations
5. Compliance with Water Quality Standards
C. Common Storm Water Pollution Prevention Plan (SWPPP)
Requirements
1. Pollution Prevention Team
2. Description of the Facility and Potential Pollution Sources
3. Selection and Implementation of Storm Water Controls
4. Deadlines
D. Special Requirements
1. Special Requirements for Storm Water Discharges Associated
With Industrial Activity From Facilities Subject to EPCRA Section
313 Requirements
2. Special Requirements for Storm Water Discharges Associated
With Industrial Activity From Salt Storage Facilities
3. Consistency With Other Plans
E. Monitoring and Reporting Requirements
1. Analytical Monitoring Requirements
2. Compliance Monitoring
3. Alternate Certification
4. Reporting and Retention Requirements
5. Sample Type
6. Representative Discharge
7. Sampling Waiver
8. Quarterly Visual Examination of Storm Water Quality
F. Regional Offices
1. Notice of Intent Address
2. EPA Regional Office Addresses and Contacts
VII. Cost Estimates For Common Permit Requirements
VIII. Special Requirements for Discharges Associated With Specific
Industrial Activities
IX. Summary of Responses to Comments on the Proposed MSGP
X. Economic Impact (Executive Order 12866)
XI. Unfunded Mandates Reform Act
XII. Paperwork Reduction Act
XIII. Regulatory Flexibility Act
I. Background
The Regional Administrators of EPA Regions 1, 2, 3, 4, 6, 8, 9 and
10 are today reissuing EPA's NPDES Storm Water Multi-Sector General
Permit (MSGP). The MSGP currently authorizes storm water discharges
associated with industrial activity for most areas of the United States
where the NPDES permit program has not been delegated. The MSGP was
originally issued on September 29, 1995 (60 FR 50804), and amended on
February 9, 1996 (61 FR 5248), February 20, 1996 (61 FR 6412),
September 24, 1996 (61 FR 50020), August 7, 1998 (63 FR 42534) and
September 30, 1998 (63 FR 52430). The proposed reissuance of the MSGP
appeared in the Federal Register on March 30, 2000 (65 FR 17010).
The 1995 MSGP was the culmination of the group permit application
process described at 40 CFR 122.26(c)(2). A group permit application
was one of three options for obtaining an NPDES industrial storm water
permit which
[[Page 64747]]
were provided by the 1990 storm water permit application regulations
(55 FR 48063). The 1990 regulations also provided that industrial
facilities could apply for coverage under an existing general NPDES
permit or apply for an individual permit. In 1992, EPA issued a
baseline general permit (57 FR 41175 and 57 FR 44412) to cover
industrial facilities which did not select the group application option
or submit an application for an individual permit.
In response to the group application option, EPA received
applications from approximately 1,200 groups representing nearly all of
the categories of industrial facilities listed in the storm water
regulations at 40 CFR 122.26(b)(14). To facilitate permit issuance for
the group applications, EPA consolidated the groups into 29 industrial
sectors, with subsectors also included in certain sectors as
appropriate.
In developing the requirements for the 1995 MSGP, EPA utilized and
built upon the storm water pollution control requirements of the 1992
baseline general permit. The baseline permit had required a storm water
pollution prevention plan (SWPPP) with generic best management practice
(BMP) requirements which applied to all facilities covered by the
permit. In addition, certain categories of facilities were required to
monitor storm water discharges based on EPA's best professional
judgment concerning the risks posed by the facilities.
The group permit applications included information concerning the
specific types of operations which are present at the different types
of industrial facilities, potential sources of pollutants at the
facilities, industry-specific BMPs which are available, and monitoring
data from the different types of facilities. Using this information,
EPA developed SWPPP requirements for the MSGP which consisted of the
generic requirements of the baseline permit plus industry-specific
requirements developed from the group application information. Also,
the monitoring requirements of the 1995 MSGP were developed using the
monitoring data submitted with the group applications rather than EPA's
best professional judgment.
On September 30, 1998 (63 FR 52430), EPA terminated the baseline
general permit and required facilities which were previously covered by
the baseline permit to seek coverage under the MSGP (or submit an
individual permit application). EPA believed that the MSGP, with its
industry-specific requirements, would provide improved water quality
benefits as compared to the baseline permit.
For today's reissuance of the MSGP, EPA has re-evaluated the
industry-specific requirements of the MSGP. In a few instances,
additional requirements have been included based on new information
which has been obtained since the original MSGP issuance in 1995. These
changes are discussed in more detail in Section VIII of this fact
sheet, and in the Response to Comments. EPA also re-evaluated the
monitoring requirements of the existing MSGP. However, after review of
the comments received from the public, and the monitoring data received
during the term of the 1995 MSGP, EPA has retained the same monitoring
requirements for the reissued MSGP as were found in the 1995 MSGP.
A. Pollutants in Storm Water Discharges Associated With Industrial
Activities in General
The volume and quality of storm water discharges associated with
industrial activity will depend on a number of factors, including the
industrial activities occurring at the facility, the nature of the
precipitation, and the degree of surface imperviousness. A discussion
of these factors was provided in the fact sheet for the original
proposed MSGP (58 FR 61146 Nov. 19, 1993), and is not being repeated
here.
B. Summary of Options for Controlling Pollutants
Pollutants in storm water discharges from industrial plants may be
reduced using the following methods: Eliminating pollution sources,
implementing BMPs to prevent pollution, using traditional storm water
management practices, and providing end-of-pipe treatment. A general
discussion of each of these was included in the original proposed MSGP
(58 FR 61146, Nov. 19, 1993), and is not being repeated here.
C. The Federal/Municipal Partnership: The Role of Municipal Operators
of Large and Medium Municipal Separate Storm Sewer Systems
A key issue in developing a workable regulatory program for
controlling pollutants in storm water discharges associated with
industrial activity is the proper use and coordination of limited
regulatory resources. This is especially important when addressing the
appropriate role of municipal operators of large and medium municipal
separate storm sewer systems in the control of pollutants in storm
water associated with industrial activity which discharge through
municipal separate storm sewer systems. The original proposed MSGP
discussed several key policy factors (see 58 FR 61146).
II. Organization of Final MSGP and Summary of Changes From the 1995
MSGP and the March 30, 2000 Proposed MSGP
The organization of today's final MSGP has been revised from the
1995 MSGP to reduce the overall size of the permit. In Part XI of the
1995 MSGP, many requirements such as SWPPP and monitoring requirements
which were common to each sector were repeated in each sector, greatly
adding to length of the permit. For today's reissuance, such
requirements are found only once in expanded sections of the permit
(Parts 4 and 5) which include requirements common to each sector.
Requirements which are genuinely unique to a given sector or subsector
are found in Part 6 in the permit. Similarly, Section VIII of the fact
sheet for the 1995 MSGP repeated certain explanatory information in the
discussions of sector-specific requirements, and also included
considerable descriptive information about the various sectors. To
reduce the length of today's notice, most of this information is not
being repeated. Section VIII of today's fact sheet focuses on the
changes (if any) in the various sectors. The reorganization and
reduction of duplication have reduced the size of the permit by
approximately 75%.
Also note that the section/paragraph identification scheme of
today's final MSGP has been modified from the 1995 MSGP. The original
scheme utilized a sometimes lengthy combination of numbers, letters and
Roman numerals (in both upper and lower cases) which many permittees
found confusing. Today's reissuance identifies sections/paragraphs, and
hence permit conditions, using numbers only, except in Part 6 (which
also incorporates the sector letters from the 1995 MSGP for
consistency). Under the original permit, only the last digit or letter
of the section/paragraph identifier appeared with its accompanying
section title/paragraph, making it difficult to determine where you
were in the permit. In today's reissuance, the entire string of
identifying numbers is listed at each section/paragraph to facilitate
recognizing where you are and in citing and navigating through the
permit. For example, paragraph number 1.2.3.5 tells you immediately
that you are in Part 1, section 2, paragraph 3, subparagraph 5; whereas
under the 1995 MSGP you would only see an ``e'', thereby forcing you to
hunt back through the permit to
[[Page 64748]]
determine that you were in Part I.B.3.e. The exception to the numbering
rule is in Part 6, where the Sector letters from the 1995 MSGP have
been retained to correspond to the sectors of industry covered by the
permit and make it easy to tell that you are in a section of the permit
which has conditions which only apply to a specific industrial sector.
For example, paragraph 6.F.3.4 immediately tells you that you are in
Part 6 and looking at conditions that only apply to sector ``F''
facilities. In some cases, requirements which previously appeared in a
single paragraph are now found listed out as separate individual items.
The final MSGP is also written in EPA's ``readable regulations'' style
using terms like ``you'' and ``your'' in referring to permittees, etc.
Following below is a list of the major changes included in the
proposed MSGP of March 30, 2000 (as compared to the 1995 MSGP) and
retained in today's final MSGP. These changes are discussed in more
detail later in this fact sheet.
1. Requirements for co-located activities clarified (Part 1.2.1.1).
2. Incidental cooling tower mist discharges included as an
authorized non-storm water discharge, subject to certain requirements
(Parts 1.2.2.2.13 and 4.4.2.3).
3. Eligibility provided for coverage of inactive mining activities
occurring on Federal Lands where an operator has not been identified
(Part 1.2.3).
4. Clarified language for situations where a discharge previously
covered by an individual permit can be covered under today's MSGP (Part
1.2.3.3).
5. Clarified/added language for compliance with water quality
standards and requirements for follow-up actions if standards are
exceeded (Parts 1.2.3.5 and 3.3).
6. ESA and NHPA eligibility requirements modified (Parts 1.2.3.6
and 1.2.3.7).
7. Eligibility requirements for discharges to water quality
impaired/limited waterbodies added/clarified (Part 1.2.3.8).
8. Clarified that discharges which do not comply with anti-
degradation requirements are not authorized by the permit (Part
1.2.3.9).
9. Deadline of 30 days for submission of an NOT added (Part 1.4.2).
10. Opportunity for termination of permit coverage based on the
``no exposure exemption'' from the Phase II storm water regulations (64
FR 68722, 12/8/99) added (Parts 1.5 and 11.4).
11. Notice of Intent requirements and modified form (Part 2.2 and
Addendum D).
12. Permit will accommodate electronic filing of NOIs, NOTs, or
DMRs, should these options become available during the term of the
permit (Parts 2.3 and 7.1)
13. Prohibition on discharges of solid materials and floating
debris and requirement to minimize off-site tracking of materials and
generation of dust added (Part 4.2.7.2.3).
14. Requirement to include a copy of the permit with the storm
water pollution prevention plan (SWPPP) was added (Part 4.7).
15. Special conditions for EPCRA 313 facilities were modified (Part
4.12).
16. Monitoring requirements reorganized and additional
clarification/revisions on monitoring periods, waivers, default minimum
monitoring for limitations added by State 401 certification, and
reporting requirements added (Part 5).
17. Manufacturing of fertilizer from leather scraps (SIC 2873)
moved from Sector Z--Leather Tanning and Finishing to Sector C--
Chemical and Allied Products (Table 1-1 and Part 6.C).
18. New effluent limitations guidelines for landfills in Sectors K
and L included; the final guidelines were published in the Federal
Register on January 19, 2000 (65 FR 3007) (Parts 6.K.5 and 6.L.6).
19. Sector AD (Non-Classified Facilities) language clarified to say
that facilities cannot choose coverage under Sector AD, but can only be
so assigned by permitting authority (Part 6.AD).
20. Additional BMP requirements in Sectors S, T, and Y added (Parts
6.S, 6.T, and 6.Y).
21. NOI to continue coverage under the permit when it expires
(without a replacement permit in place) is not required and the
reapplication process has been clarified (Part 9.2).
22. Process for EPA to remove facilities from permit coverage
clarified (Part 9.12).
Following below is another list which summarizes the provisions of
today's final MSGP which differ from the proposed MSGP of March 30,
2000.
1. Reference to ``drinking fountain water'' removed from Part
1.2.2.2.3.
2. Part 1.2.3.3.2.1 of the proposed MSGP was deleted. This
requirement had not allowed MSGP coverage for facilities previously
covered by another permit, unless the other permit only covered storm
water and MSGP authorized non-storm water discharges.
3. Part 2.2.3.6 revised to indicate that the NOI must include the
name of the MS4 receiving the discharges only if it is different from
the permittee.
4. Part 4.9.3 revised to clarify the time frame for implementation
of revised SWPPP.
5. Part 4.11 revised to require permittees to provide a copy of
their SWPPP to the public when requested in writing to do so.
6. Sector E coverage was modified for consistency with the
September 30, 1998 MSGP modification.
7. In Sector G, language was added stating that non-storm water
discharges must be tested or evaluated; this change ensures consistency
with the 1995 MSGP. Also in Sector G, the definition of ``reclamation''
was revised.
8. The title for Sector I was changed to include ``Refining.''
9. Sector T revised for consistency with 40 CFR 122.26(b)(14)(ix)
concerning size of POTWs covered.
10. Section V.C. deleted the requirement to consider species
proposed for listing as endangered or threatened.
III. Geographic Coverage of Final MSGP
The geographic coverage of today's final MSGP includes the
following areas:
EPA Region 1--for the States of Maine, Massachusetts and New
Hampshire; for Indian Country lands located in Massachusetts,
Connecticut, Rhode Island and Maine; and for Federal facilities in the
State of Vermont.
EPA Region 2--for the Commonwealth of Puerto Rico.
EPA Region 3--for the District of Columbia and Federal facilities
in the State of Delaware.
EPA Region 4--for Indian Country lands located in the State of
Florida.
EPA Region 6--for the State of New Mexico; for Indian Country lands
located in the States of Louisiana, New Mexico, Texas and Oklahoma
(except Navajo lands and Ute Mountain Reservation lands); for oil and
gas facilities under SIC codes 1311, 1381, 1382, and 1389 in the State
of Oklahoma not on Indian Country lands; and oil and gas facilities
under SIC codes 1311, 1321, 1381, 1382, and 1389 in the State of Texas
not on Indian Country lands.
EPA Region 8--for Federal facilities in the State of Colorado; for
Indian Country lands in Colorado, North Dakota, South Dakota, Wyoming
and Utah (except Goshute and Navajo Reservation lands); for Ute
Mountain Reservation lands in Colorado and New Mexico; and for Pine
Ridge Reservation lands in South Dakota and Nebraska.
EPA Region 9--for the State of Arizona; for the Territories of
Johnston Atoll, American Samoa, Guam, the
[[Page 64749]]
Commonwealth of Northern Mariana Islands, Midway and Wake Islands; for
Indian Country lands located in Arizona, California, and Nevada; and
for the Goshute Reservation in Utah and Nevada, the Navajo Reservation
in Utah, New Mexico, and Arizona, the Duck Valley Reservation in Nevada
and Idaho, and the Fort McDermitt Reservation in Oregon and Nevada.
EPA Region 10--for the State of Idaho; for Indian Country lands
located in Alaska, Oregon (except Fort McDermitt Reservation lands),
Idaho (except Duck Valley Reservation lands) and Washington; and for
Federal facilities in Washington.
For several reasons, the geographic area of coverage described
above differs from the area of coverage of the 1995 MSGP. Indian
country in Vermont and New Hampshire has been removed since there are
no Federally recognized tribes in these States. Also, state NPDES
permit programs have since been authorized in the States of South
Dakota, Louisiana, Oklahoma (except for certain oil and gas facilities
in Oklahoma) and Texas (again except for oil and gas facilities). In
Oklahoma, EPA maintains NPDES permitting authority over oil and gas
exploration and production related industries, and pipeline operations
regulated by the Oklahoma Corporation Commission (See 61 FR 65049).
Oklahoma received NPDES program authorization only for those discharges
covered by the authority of the Oklahoma Department of Environmental
Quality (ODEQ). In Texas, EPA maintains NPDES permitting authority over
oil and gas discharges regulated by the Texas Railroad Commission (See
63 FR 51164). Texas received NPDES program authorization only for those
discharges covered by the authority of the Texas Natural Resource
Conservation Commission (TNRCC).
Specific additional conditions required in Region 6 as a result of
a State or Tribal CWA Section 401 certification have been added for New
Mexico, Oklahoma, and the Pueblos of Isleta, Pojoaque, San Juan, and
Sandia. Numeric limitations for discharges in Texas contained in the
previous permit pursuant to 31 TAC 319.22 and 319.23 have been
continued in accordance with 40 CFR 122.44(d) and (l).
Federal facilities in Colorado, and Indian country located in
Colorado (including the portion of the Ute Mountain Reservation located
in New Mexico), North Dakota, South Dakota (including the portion of
the Pine Ridge Reservation located in Nebraska), Utah (except for the
Goshute and Navajo Reservation lands) and Wyoming were not included in
the 1995 MSGP, but are included in today's MSGP. Indian country lands
in Montana are not included at this time due to a recent court order.
Prior to today, industrial facilities in these areas were largely
covered under an extension of EPA's 1992 baseline general permit for
industries (57 FR 41175).
Also, subsequent to the issuance of the MSGP in 1995, coverage was
extended to the Island of Guam on September 24, 1996 (61 FR 50020) and
the Commonwealth of the Northern Mariana Islands on September 30, 1998
(63 FR 52430). Certification was not received from Arizona in time for
that state to be included in this permit.
The 1995 MSGP was issued in the State of Alaska, except Indian
Country, on February 9, 1996 (61 FR 5247). Industrial facilities in
Alaska outside of Indian Country will continue to be covered under the
1995 MSGP through February 9, 2001. EPA will reissue the permit for
Alaska at a later date, and will include any state-specific
modifications or additions or additions applicable to parts 1 through
12 of this permit as part of the State's Clean Water Act Section 401 or
Coastal Zone Management Act certification processes.
Lastly, today's MSGP reissuance differs from the March 30, 2000
MSGP proposal in that the State of Florida (except for Indian country)
is not included. This is a result of the recent NPDES program
delegation to the State of Florida.
There are some areas where the NPDES permit program has not been
delegated (such as Indian country in states not listed above) where
neither the MSGP nor an alternate general permit is available for
authorization of storm water discharges associated with industrial
activity. However, only a very small number of permittees exist in such
areas and individual permits are issued as needed.
IV. Categories of Facilities Covered by the Final MSGP
Today's final MSGP authorizes storm water discharges associated
with industrial activity from the categories of facilities shown in
Table 1 below:
Table 1.--Sector/Subsectors Covered by the Final MSGP
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Subsector SIC code Activity represented
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Sector A. Timber Products
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1*............................ 2421............................................. General Sawmills and Planning
Mills.
2............................. 2491............................................. Wood Preserving.
3*............................ 2411............................................. Log Storage and Handling.
4*............................ 2426............................................. Hardwood Dimension and
Flooring Mills.
2429............................................. Special Product Sawmills, Not
Elsewhere Classified.
2431-2439 (except 2434).......................... Millwork, Veneer, Plywood,
and Structural Wood.
2448, 2449....................................... Wood Containers.
2451, 2452....................................... Wood Buildings and Mobile
Homes.
2493............................................. Reconstituted Wood Products.
2499............................................. Wood Products, Not Elsewhere
Classified.
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Sector B. Paper and Allied Products Manufacturing
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1............................. 2611............................................. Pulp Mills.
2............................. 2621............................................. Paper Mills.
3*............................ 2631............................................. Paperboard Mills.
4............................. 2652-2657........................................ Paperboard Containers and
Boxes.
5............................. 2671-2679........................................ Converted Paper and
Paperboard Products, Except
Containers and Boxes.
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Sector C. Chemical and Allied Products Manufacturing
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1*............................ 2812-2819........................................ Industrial Inorganic
Chemicals.
[[Page 64750]]
2*............................ 2821-2824........................................ Plastics Materials and
Synthetic Resins, Synthetic
Rubber, Cellulosic and Other
Manmade Fibers Except Glass.
3............................. 2833-2836........................................ Medicinal chemicals and
botanical products;
pharmaceutical
preparations,; invitro and
invivo diagnostic
substances; biological
products, except diagnostic
substances.
4*............................ 2841-2844........................................ Soaps, Detergents, and
Cleaning Preparations;
Perfumes, Cosmetics, and
Other Toilet Preparations.
5............................. 2851............................................. Paints, Varnishes, Lacquers,
Enamels, and Allied
Products.
6............................. 2861-2869........................................ Industrial Organic Chemicals.
7*............................ 2873-2879........................................ Agricultural Chemicals,
Including Facilities that
Make Fertilizer Solely from
Leather Scraps and Leather
Dust.
8............................. 2891-2899........................................ Miscellaneous Chemical
Products.
9............................. 3952 (limited to list)........................... Inks and Paints, Including
China Painting Enamels,
India Ink, Drawing Ink,
Platinum Paints for Burnt
Wood or Leather Work, Paints
for China Painting, Artist's
Paints and Artist's
Watercolors.
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Sector D. Asphalt Paving and Roofing Materials Manufacturers and Lubricant Manufacturers.
----------------------------------------------------------------------------------------------------------------
1*............................ 2951, 2952....................................... Asphalt Paving and Roofing
Materials.
2............................. 2992, 2999....................................... Miscellaneous Products of
Petroleum and Coal.
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Sector E. Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing
----------------------------------------------------------------------------------------------------------------
1............................. 3211............................................. Flat Glass.
3221, 3229....................................... Glass and Glassware, Pressed
or Blown.
3231............................................. Glass Products Made of
Purchased Glass.
3281............................................. Cut Stone and Stone Products.
3291-3292........................................ Abrasive and Asbestos
Products.
3296............................................. Mineral Wool.
3299............................................. Nonmetallic Mineral Products,
Not Elsewhere Classified.
2............................. 3241............................................. Hydraulic Cement.
3*............................ 3251-3259........................................ Structural Clay Products.
3261-3269........................................ Pottery and Related Products.
3297............................................. Non-Clay Refractories.
4*............................ 3271-3275........................................ Concrete, Gypsum and Plaster
Products.
3295............................................. Minerals and Earth's, Ground,
or Otherwise Treated.
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Sector F. Primary Metals
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1*............................ 3312-3317........................................ Steel Works, Blast Furnaces,
and Rolling and Finishing
Mills.
2*............................ 3321-3325........................................ Iron and Steel Foundries.
3............................. 3331-3339........................................ Primary Smelting and Refining
of Nonferrous Metals.
4............................. 3341............................................. Secondary Smelting and
Refining of Nonferrous
Metals.
5*............................ 3351-3357........................................ Rolling, Drawing, and
Extruding of Nonferrous
Metals.
6*............................ 3363-3369........................................ Nonferrous Foundries
(Castings).
7............................. 3398, 3399....................................... Miscellaneous Primary Metal
Products.
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Sector G. Metal Mining (Ore Mining and Dressing)
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1............................. 1011............................................. Iron Ores.
2*............................ 1021............................................. Copper Ores.
3............................. 1031............................................. Lead and Zinc Ores.
4............................. 1041, 1044....................................... Gold and Silver Ores.
5............................. 1061............................................. Ferroalloy Ores, Except
Vanadium.
6............................. 1081............................................. Metal Mining Services.
7............................. 1094, 1099....................................... Miscellaneous Metal Ores.
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Sector H. Coal Mines and Coal Mining-Related Facilities
----------------------------------------------------------------------------------------------------------------
NA*........................... 1221-1241........................................ Coal Mines and Coal Mining-
Related Facilities Sector.
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Sector I. Oil and Gas Extraction and Refining
----------------------------------------------------------------------------------------------------------------
1*............................ 1311............................................. Crude Petroleum and Natural
Gas.
2............................. 1321............................................. Natural Gas Liquids.
3*............................ 1381-1389........................................ Oil and Gas Field Services.
4............................. 2911............................................. Petroleum refining.
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Sector J. Mineral Mining and Dressing
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1*............................ 1411............................................. Dimension Stone.
1422-1429........................................ Crushed and Broken Stone,
Including Rip Rap.
[[Page 64751]]
1481............................................. Nonmetallic Minerals, Except
Fuels.
2*............................ 1442, 1446....................................... Sand and Gravel.
3............................. 1455, 1459....................................... Clay, Ceramic, and Refractory
Materials.
4............................. 1474-1479........................................ Chemical and Fertilizer
Mineral Mining.
1499............................................. Miscellaneous Nonmetallic
Minerals, Except Fuels.
----------------------------------------------------------------------------------------------------------------
Sector K. Hazardous Waste Treatment Storage or Disposal Facilities
----------------------------------------------------------------------------------------------------------------
NA*........................... HZ............................................... Hazardous Waste Treatment,
Storage or Disposal.
----------------------------------------------------------------------------------------------------------------
Sector L. Landfills and Land Application Sites
----------------------------------------------------------------------------------------------------------------
NA*........................... LF............................................... Landfills, Land Application
Sites and Open Dumps.
----------------------------------------------------------------------------------------------------------------
Sector M. Automobile Salvage Yards
----------------------------------------------------------------------------------------------------------------
NA*........................... 5015............................................. Automobile Salvage Yards.
----------------------------------------------------------------------------------------------------------------
Sector N. Scrap Recycling Facilities
----------------------------------------------------------------------------------------------------------------
NA*........................... 5093............................................. Scrap Recycling Facilities.
----------------------------------------------------------------------------------------------------------------
Sector O. Steam Electric Generating Facilities
----------------------------------------------------------------------------------------------------------------
NA*........................... SE............................................... Steam Electric Generating
Facilities.
----------------------------------------------------------------------------------------------------------------
Sector P. Land Transportation
----------------------------------------------------------------------------------------------------------------
1............................. 4011, 4013....................................... Railroad Transportation.
2............................. 4111-4173........................................ Local and Highway Passenger
Transportation.
3............................. 4212-4231........................................ Motor Freight Transportation
and Warehousing.
4............................. 4311............................................. United States Postal Service.
5............................. 5171............................................. Petroleum Bulk Stations and
Terminals.
----------------------------------------------------------------------------------------------------------------
Sector Q. Water Transportation
----------------------------------------------------------------------------------------------------------------
NA*........................... 4412-4499........................................ Water Transportation.
----------------------------------------------------------------------------------------------------------------
Sector R. Ship and Boat Building or Repairing Yards
----------------------------------------------------------------------------------------------------------------
NA............................ 3731, 3732....................................... Ship and Boat Building or
Repairing Yards.
----------------------------------------------------------------------------------------------------------------
Sector S. Air Transportation Facilities
----------------------------------------------------------------------------------------------------------------
NA*........................... 4512-4581........................................ Air Transportation
Facilities.
----------------------------------------------------------------------------------------------------------------
Sector T. Treatment Works
----------------------------------------------------------------------------------------------------------------
NA*........................... TW............................................... Treatment Works.
----------------------------------------------------------------------------------------------------------------
Sector U. Food and Kindred Products
----------------------------------------------------------------------------------------------------------------
1............................. 2011-2015........................................ Meat Products.
2............................. 2021-2026........................................ Dairy Products.
3............................. 2032............................................. Canned, Frozen and Preserved
Fruits, Vegetables and Food
Specialties.
4*............................ 2041-2048........................................ Grain Mill Products.
5............................. 2051-2053........................................ Bakery Products.
6............................. 2061-2068........................................ Sugar and Confectionery
Products.
7*............................ 2074-2079........................................ Fats and Oils.
8............................. 2082-2087........................................ Beverages.
9............................. 2091-2099........................................ Miscellaneous Food
Preparations and Kindred
Products.
2111-2141........................................ Tobacco Products.
----------------------------------------------------------------------------------------------------------------
Sector V. Textile Mills, Apparel, and Other Fabric Product Manufacturing
----------------------------------------------------------------------------------------------------------------
1............................. 2211-2299........................................ Textile Mill Products.
2............................. 2311-2399........................................ Apparel and Other Finished
Products Made From Fabrics
and Similar Materials.
3131-3199 (except 3111).......................... Leather Products.
----------------------------------------------------------------------------------------------------------------
[[Page 64752]]
Sector W. Furniture and Fixtures
----------------------------------------------------------------------------------------------------------------
NA............................ 2511-2599........................................ Furniture and Fixtures.
2434............................................. Wood Kitchen Cabinets.
----------------------------------------------------------------------------------------------------------------
Sector X. Printing and Publishing
----------------------------------------------------------------------------------------------------------------
NA............................ 2711-2796........................................ Printing, Publishing and
Allied Industries.
----------------------------------------------------------------------------------------------------------------
Sector Y. Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries
----------------------------------------------------------------------------------------------------------------
1*............................ 3011............................................. Tires and Inner Tubes.
3021............................................. Rubber and Plastics Footwear.
3052, 3053....................................... Gaskets, Packing, and Sealing
Devices and Rubber and
Plastics Hose and Belting.
3061, 3069....................................... Fabricated Rubber Products,
Not Elsewhere Classified.
2............................. 3081-3089........................................ Miscellaneous Plastics
Products.
3931............................................. Musical Instruments.
3942-3949........................................ Dolls, Toys, Games and
Sporting and Athletic Goods.
3951-3955 (except 3952 as specified in Sector C). Pens, Pencils, and Other
Artists' Materials.
3961, 3965....................................... Costume Jewelry, Costume
Novelties, Buttons, and
Miscellaneous Notions,
Except Precious Metal.
3991-3999........................................ Miscellaneous Manufacturing
Industries.
----------------------------------------------------------------------------------------------------------------
Sector Z. Leather Tanning and Finishing
----------------------------------------------------------------------------------------------------------------
NA............................ 3111............................................. Leather Tanning and
Finishing.
----------------------------------------------------------------------------------------------------------------
Sector AA. Fabricated Metal Products
----------------------------------------------------------------------------------------------------------------
1*............................ 3411-3499........................................ Fabricated Metal Products,
Except Machinery and
Transportation Equipment and
Cutting, Engraving and
Allied Services.
3911-3915........................................ Jewelry, Silverware, and
Plated Ware.
2*............................ 3479............................................. Coating, Engraving, and
Allied Services.
----------------------------------------------------------------------------------------------------------------
Sector AB. Transportation Equipment, Industrial or Commercial Machinery
----------------------------------------------------------------------------------------------------------------
NA............................ 3511-3599 (except 3571-3579)..................... Industrial and Commercial
Machinery (except Computer
and Office Equipment--see
Sector AC).
NA............................ 3711-3799 (except 3731, 3732).................... Transportation Equipment
(except Ship and Boat
Building and Repairing--see
Sector R).
----------------------------------------------------------------------------------------------------------------
Sector AC. Electronic, Electrical, Photographic and Optical Goods
----------------------------------------------------------------------------------------------------------------
NA............................ 3612-3699........................................ Electronic, Electrical
Equipment and Components,
Except Computer Equipment.
3812-3873........................................ Measuring, Analyzing and
Controlling Instrument;
Photographic and Optical
Goods, Watches and Clocks.
3571-3579........................................ Computer and Office
Equipment.
----------------------------------------------------------------------------------------------------------------
Sector AD. Reserved for Facilities Not Covered Under Other Sectors and Designated by the Director
----------------------------------------------------------------------------------------------------------------
* Denotes subsector with analytical (chemical) monitoring requirements.
NA indicates those industry sectors in which subdivision into subsectors was determined to be not applicable.
The final MSGP modification of September 30, 1998 (63 FR 52430)
expanded the coverage of the 1995 MSGP to include a small number of
categories of facilities which had been covered by the 1992 baseline
industrial general permit but excluded from the MSGP. In Table 1 above,
these categories have been included in the appropriate sectors/
subsectors of the MSGP as determined by the September 30, 1998
modification.
With the September 30, 1998 modification, EPA believes that the
MSGP now covers all of the categories of industrial facilities which
may discharge storm water associated with industrial activity as
defined at 40 CFR 122.26(b)(14) (except construction activities
disturbing five or more acres which are permitted separately). However,
the September 30, 1998 modification also added another sector to the
MSGP (Sector AD) to cover any inadvertent omissions. EPA has retained
Sector AD in today's reissued MSGP.
Sector AD is further intended to provide a readily available means
for covering many of the storm water facilities which are designated
for permitting in accordance with NPDES regulations at 40 CFR
122.26(g)(1)(i). These regulations provide that permit applications may
be required within 180 days of notice for any discharges which
contribute to a violation of a water quality standard, or are
determined to be significant sources of pollutants.
EPA also recognizes that a new North American Industry
Classification System (NAICS) was recently adopted by the Office of
Management and Budget (62 FR 17288, April 9, 1997). NAICS replaces the
1987 standard industrial classification (SIC) code
[[Page 64753]]
system for the collection of statistical economic data. However, the
use of the new system for nonstatistical purposes is optional. EPA
considered the use of NAICS for the today's MSGP reissuance, but
elected to retain the 1987 SIC code system since the storm water
regulations (40 CFR 122.26(b)(14)) reference the previous system and
this system has generally proven to be adequate for identifying the
facilities covered by storm water regulations. EPA will consider
transitioning to the new NAICS system in future rule making.
V. Limitations on Coverage
A. Storm Water Discharges Subject to Effluent Guideline Limitations,
Including New Source Performance Standards
The general prohibition on coverage of storm water subject to an
effluent guideline limitation in the 1995 MSGP has been retained in
today's MSGP reissuance. Only those storm water discharges subject to
the following effluent guidelines are eligible for coverage (provided
they meet all other eligibility requirements):
Table 2.--Effluent Guidelines Applicable to Discharges That May be Eligible for Permit Coverage
----------------------------------------------------------------------------------------------------------------
New Source performance
Effluent guideline standards included in Sectors with affected
effluent guidelines? facilities
----------------------------------------------------------------------------------------------------------------
Runoff from material storage piles at cement Yes E
manufacturing facilities [40 CFR Part 411 Subpart
C (established February 23, 1977)].
Contaminated runoff from phosphate fertilizer Yes C
manufacturing facilities [40 CFR Part 418 Subpart
A (established April 8, 1974)].
Coal pile runoff at steam electric generating Yes O
facilities [40 CFR Part 423 (established November
19, 1982)].
Discharges resulting from spray down or Yes A
intentional wetting of logs at wet deck storage
areas [40 CFR Part 429, Subpart I (established
January 26, 1981)].
Mine dewatering discharges at crushed stone mines No J
[40 CFR part 436, Subpart B].
Mine dewatering discharges at construction sand No J
and gravel mines [40 CFR part 436, Subpart C].
Mine dewatering discharges at industrial sand No J
mines [40 CFR part 436, Subpart D].
Runoff from asphalt emulsion facilities [40 CFR Yes D
Part 443 Subpart A (established July 24, 1975)]..
Runoff from landfills, [40 CFR Part 445, Subpart A Yes K & L
and B (established February 2, 2000.].
----------------------------------------------------------------------------------------------------------------
Section 306 of the Clean Water Act (CWA) requires EPA to develop
performance standards for all new sources described in that section.
These standards apply to all facilities which go into operation after
the date the standards are promulgated. Section 511(c) of the CWA
requires the Agency to comply with the National Environmental Policy
Act (NEPA) prior to issuance of a permit under the authority of Section
402 of the CWA to facilities defined as a new source under Section 306.
The fact sheet for the 1995 MSGP described a process for ensuring
compliance with NEPA for the MSGP (60 FR 50809). This process, which is
repeated below, has been retained for the reissued MSGP. Additional
guidance is found in a new Addendum C to the final MSGP.
Facilities which are subject to the performance standards for new
sources as described in this section of the fact sheet must provide EPA
with an Environmental Information Document pursuant to 40 CFR 6.101
prior to seeking coverage under this permit. This information shall be
used by the Agency to evaluate the facility under the requirements of
NEPA in an Environmental Review. The Agency will make a final decision
regarding the direct or indirect impact of the discharge. The Agency
will follow all administrative procedures required in this process. The
permittee must obtain a copy of the Agency's final finding prior to the
submission of a Notice of Intent to be covered by this general permit.
In order to maintain eligibility, the permittee must implement any
mitigation required of the facility as a result of the NEPA review
process. Failure to implement mitigation measures upon which the
Agency's NEPA finding is based is grounds for termination of permit
coverage. In this way, EPA has established a procedure which allows for
the appropriate review procedures to be completed by this Agency prior
to the issuance of a permit under Section 402 of the CWA to an operator
of a facility subject to the new source performance standards of
Section 306 of the CWA. EPA believes that it has fulfilled its
requirements under NEPA for this Federal action under Section 402 of
the CWA.
B. Historic Preservation
The National Historic Preservation Act (NHPA) requires Federal
agencies to take into account the effects of Federal undertakings,
including undertakings on historic properties that are either listed
on, or eligible for listing on, the National Register of Historic
Places. The term ``Federal undertaking'' is defined in the existing
NHPA regulations to include any project, activity, or program under the
direct or indirect jurisdiction of a Federal agency that can result in
changes in the character or use of historic properties, if any such
historic properties are located in the area of potential effects for
that project, activity, or program. See 36 CFR 802(o). Historic
properties are defined in the NHPA regulations to include prehistoric
or historic districts, sites, buildings, structures, or objects that
are included in, or are eligible for inclusion in, the National
Register of Historic Places. See 36 CFR 802(e).
Federal undertakings include EPA's issuance of general NPDES
permits. In light of NHPA requirements, EPA included a provision in the
eligibility requirements of the 1995 MSGP for the consideration of the
effects to historic properties. That provision provided that an
applicant is eligible for permit coverage only if: (1) the applicant's
storm water discharges and BMPs to control storm water runoff do not
affect a historic property, or (2) the applicant has obtained, and is
in compliance with, a written agreement between the applicant and the
State Historic Preservation Officer (SHPO) that outlines all measures
to be taken by the applicant to mitigate or prevent adverse effects to
the historic property. See Part I.B.6, 60 FR 51112 (September 29,
1995). When applying for permit coverage, applicants were required to
certify in
[[Page 64754]]
the NOI that they are in compliance with the Part I.B.6 eligibility
requirements. Provided there are no other factors limiting permit
eligibility, MSGP coverage was then granted 48 hours after the postmark
on the envelope used to mail the NOI.
The September 30, 1998 modification included two revisions of the
original MSGP with respect to historic properties. First, EPA amended
the original Part I.B.6.(ii) to include a reference to Tribal Historic
Preservation Officers (THPOs) because MSGP coverage extends to Tribal
lands and in recognition of the central role Tribal governments play in
the protection of historic resources. Second, EPA included NHPA
guidance and a list of SHPO and THPO addresses in a new Addendum I to
the MSGP to assist applicants with the certification process for permit
eligibility under this condition.
For today's MSGP reissuance, EPA has modified slightly the
requirements of the first option for obtaining permit coverage to
enhance the protection of historic properties. Permit coverage is only
available if storm water and allowable non-storm water discharges and
``discharge-related activities'' do not affect historic properties.
``Discharge-related activities'' are defined to include activities
which cause, contribute to, or result in storm water and allowable non-
storm water point source discharges, and measures such as the siting,
construction and operation of BMPs to control, reduce or prevent
pollution in the discharges. Discharge-related activities are included
to ensure compliance with NHPA requirements to consider the effects of
activities which are related to the activity which is permitted, i.e.,
the storm water and non-storm water discharges. Because this change was
minor, EPA is relying on its 1995 and 1998 consultations with the
Advisory Council on Historic Preservation as its basis for reissuance
of this permit.
Also, as discussed in Section VI.A.1 below, EPA intends to modify,
contingent upon Office of Management and Budget review and approval,
the Notice of Intent form to require that operators identify which of
the above two options they are using to ensure eligibility for permit
coverage under the MSGP. The NHPA guidance has also been modified to
reflect the above pending changes, and appears in Addendum B in today's
notice rather than Addendum I. Until the revised form is approved and
issued, the current form (with minor clarifications) remains in effect.
Facilities seeking coverage under today's MSGP which cannot certify
compliance with the NHPA requirements must submit individual permit
applications to the permitting authority. For facilities already
covered by the existing MSGP, the deadline for the individual
applications is the same as that for NOIs requesting coverage under the
reissued MSGP (December 29, 2000).
C. Endangered Species
The Endangered Species Act (ESA) of 1973 requires Federal Agencies
such as EPA to ensure, in consultation with the U.S. Fish and Wildlife
Service (FWS) and the National Marine Fisheries Service (NMFS) (also
known collectively as the ``Services''), that any actions authorized,
funded, or carried out by the Agency (e.g., EPA issued NPDES permits
authorizing discharges to waters of the United States) are not likely
to jeopardize the continued existence of any Federally-listed
endangered or threatened species or adversely modify or destroy
critical habitat of such species (see 16 U.S.C. 1536(a)(2), 50 CFR 402
and 40 CFR 122.49(c)).
For the 1995 MSGP, EPA conducted formal consultation with the
Services which resulted in a joint Service biological opinion issued by
the FWS on March 31, 1995, and by the NMFS on April 5, 1995, which
concluded that the issuance and operation of the MSGP was not likely to
jeopardize the existence of any listed endangered or threatened
species, or result in the adverse modification or destruction of any
critical habitat.
The 1995 MSGP contained a number of conditions to protect listed
species and critical habitat. Permit coverage was provided only where:
The storm water discharge(s), and the construction of BMPs
to control storm water runoff, were not likely to jeopardize species
identified in Addendum H of the permit; or
The applicant's activity had received previous
authorization under the Endangered Species Act and established an
environmental baseline that was unchanged; or,
The applicant was implementing appropriate measures as
required by the Director to address jeopardy.
For today's MSGP reissuance, EPA has modified the ESA-related
requirements for obtaining permit coverage to enhance the protection of
listed species. First, permit coverage is only available if storm water
and allowable non-storm water discharges and ``discharge-related
activities'' result in no jeopardy to listed species. ``Discharge-
related activities'' are defined to include activities which cause,
contribute to or result in storm water and allowable non-storm water
point source discharges, and measures such as the siting, construction
and operation of BMPs to control, reduce or prevent pollution in the
discharges. Discharge-related activities are included for compliance
with ESA requirements to consider the effects of activities which are
related to the activity which is permitted, i.e., the storm water and
non-storm water discharges.
In addition, operators seeking coverage under the reissued MSGP
must certify that they are eligible for coverage under one of the
following five options which are provided in Parts 1.2.3.6.3.1 through
5 of the permit:
1. No endangered or threatened species or critical habitat are in
proximity to the facility or the point where authorized discharges
reach the receiving water; or
2. In the course of a separate federal action involving the
facility (e.g., EPA processing request for an individual NPDES permit,
issuance of a CWA Section 404 wetlands dredge and fill permit, etc.),
formal or informal consultation with the Fish and Wildlife Service and/
or the National Marine Fisheries Service under Section 7 of the ESA has
been concluded and that consultation:
(a) addressed the effects of the storm water and allowable non-
storm water discharges and discharge-related activities on listed
species and critical habitat and
(b) the consultation resulted in either a no jeopardy opinion or a
written concurrence by the Service(s) on a finding that the storm water
and allowable non-storm water discharges and discharge-related
activities are not likely to jeopardize listed species or critical
habitat; or
3. The activities are authorized under Section 10 of the ESA and
that authorization addresses the effects of the storm water and
allowable non-storm water discharges and discharge-related activities
on listed species and critical habitat; or
4. Using due diligence, the operator has evaluated the effects of
the storm water discharges, allowable non-storm water discharges, and
discharge-related activities on listed endangered or threatened species
and critical habitat and does not have reason to believe listed species
or critical habitat would be jeopardized; or
5. The storm water and allowable non-storm water discharges and
discharge-related activities were already addressed in another
operator's
[[Page 64755]]
certification of eligibility under Part 1.2.3.6.3.1 through 1.2.3.6.3.4
which included the facility's activities. By certifying eligibility
under this Part, a permittee agrees to comply with any measures or
controls upon which the other operator's certification was based.
The first four options listed above are similar to the eligibility
provisions of the 1995 MSGP. Option 5 was added to account for
situations such as an airport facility where one operator (e.g., the
airport authority) may have covered the entire airport through its
certification. Option 5 allows other operators to take advantage of
such a certification without repeating the reviews conducted by the
first operator. Option 1 applies to operators who are not jeopardizing
endangered species because listed species simply are not in proximity
to their facility. Option 4 applies to operators who have endangered
species nearby and must look more closely at potential jeopardy and may
need to adopt measures to reduce the risk of jeopardy to listed species
or critical habitat. The provision of the two options to determine that
a facility is unlikely to jeopardize listed species, coupled with the
pending new NOI requirement to indicate whether or not the Service was
contacted in making the determination, will also allow for better
oversight of the permit. Under the 1995 permit, there was no way to
tell from the NOI information whether the decision on eligibility was
due to no species in the county, a discussion with the Service, or a
simple unilateral decision by the operator.
Addendum H of the 1995 MSGP provided instructions to assist
permittees in determining whether they met the permit's ESA-related
eligibility requirements. For today's reissued MSGP, this guidance has
been updated to reflect the above requirements and appears as Addendum
A. As noted in Section VI.A.1 below, EPA intends to modify the Notice
of Intent form to conform with new ESA requirements discussed above.
Addendum H of the 1995 MSGP contained a list of proposed and listed
endangered and threatened species that could be jeopardized by the
discharges and measures to control pollutants in the discharges. EPA
reinitiated and completed formal consultation with the Services for the
September 30, 1998 modification of the MSGP. As a result of this
consultation and in response to public comments on the modification,
EPA updated the species list in Addendum H to include species that were
listed or proposed for listing since the Addendum H list was originally
compiled on March 31, 1995. EPA also decided to expand the list to
include all of the terrestrial (i.e., non-aquatic) listed and proposed
species in recognition that those species may be impacted by permitted
activities such as the construction and operation of the BMPs. The
September 30, 1998 MSGP modification included the species list updated
as of July 8, 1998 (63 FR 52494). The species list is also being
updated on a regular basis and an electronic copy of the list is
available at the Office of Wastewater Management website at ``http://www.epa.gov/owm/esalst2.htm''. The information may also be obtained by
contacting the Services. The permittee is responsible for obtaining the
updated information.
Based on comments received on the proposed MSGP on March 30, 2000
(65 FR 17010), the final permit requires facility operators to consider
only listed endangered or threatened species, and not species proposed
to be listed. Further explanation for the change can be found in
Section IX of this notice.
On August 10, 2000, EPA initiated informal consultation with FWS
and NMFS on EPA's finding of no likelihood of adverse effect on
threatened and endangered species and critical habitat resulting from
issuance of MSGP-2000. On September 22, 2000 FWS concurred with EPA's
finding.
To be eligible for coverage under today's reissued MSGP, facilities
must review the updated list of species and their locations in
conjunction with the Addendum A instructions for completing the
application requirements under this permit. If an applicant determines
that none of the species identified in the updated species list is
found in the county in which the facility is located, then there is a
likelihood of no jeopardy and they are eligible for permit coverage.
Applicants must then certify that their storm water and allowable non-
storm water discharges, and their discharge-related activities, are not
likely to jeopardize species and will be granted MSGP permit coverage
48 hours after the date of the postmark on the envelope used to mail
the NOI form, provided there are no other factors limiting permit
eligibility.
If listed species are located in the same county as the facility
seeking MSGP coverage, then the applicant must determine whether the
species are in proximity to the storm water or allowable non-storm
water discharges or discharge-related activities at the facility. A
species is in proximity to a storm water or allowable non-storm water
discharge when the species is located in the path or down gradient area
through which or over which the point source discharge flows from
industrial activities to the point of discharge into the receiving
water, and once discharged into the receiving water, in the immediate
vicinity of, or nearby, the discharge point. A species is also in
proximity if it is located in the area of a site where discharge-
related activities occur. If an applicant determines there are no
species in proximity to the storm water or allowable non-storm water
discharges, or discharge-related activities, then there is no
likelihood of jeopardizing the species and the applicant is eligible
for permit coverage.
If species are in proximity to the storm water or allowable non-
storm water discharges or discharge-related activities, as long as they
have been considered as part of a previous ESA authorization of the
applicant's activity, and the environmental baseline established in
that authorization is unchanged, the applicant may be covered under the
permit. The environmental baseline generally includes the past and
present impacts of all Federal, state and private actions that were
occurring at the time the initial NPDES authorization and current ESA
section 7 action by EPA or any other federal agency was taken.
Therefore, if a permit applicant has received previous authorization
and nothing has changed or been added to the environmental baseline
established in the previous authorization, then coverage under this
permit will be provided.
In the absence of such previous authorization, if species
identified in the updated species list are in proximity to the
discharges or discharge-related activities, then the applicant must
determine whether there is any likely jeopardy to the species. This is
done by the applicant conducting a further examination or
investigation, or an alternative procedure, as described in the
instructions in Addendum A of the permit. If the applicant determines
that there is no likely jeopardy to the species, then the applicant is
eligible for permit coverage. If the applicant determines that there
likely is, or will likely be any jeopardy, then the applicant is not
eligible for MSGP coverage unless or until he or she can meet one of
the other eligibility conditions.
All dischargers applying for coverage under the MSGP must provide
in the application information on the Notice of Intent form: (1) A
determination as to whether there are any listed species in proximity
to the storm water or allowable non-storm water discharges or discharge
related activity, and (2) (when
[[Page 64756]]
EPA receives approval from the Office of Management and Budget and
issues the revised form) an indication of which option under Part
1.2.3.6.3 of the MSGP they claim eligibility for permit coverage, and
(3) a certification that their storm water and allowable non-storm
water discharges and discharge-related activities are not likely to
jeopardize listed species, or are otherwise eligible for coverage due
to a previous authorization under the ESA. Coverage is contingent upon
the applicant's providing truthful information concerning certification
and abiding by any conditions imposed by the permit.
Dischargers who cannot determine if they meet one of the endangered
species eligibility criteria cannot sign the certification to gain
coverage under the MSGP and must apply to EPA for an individual NPDES
storm water permit. For facilities already covered by the 1995 MSGP,
the deadline for the individual applications is the same as that for
NOIs requesting coverage under the reissued MSGP (December 29, 2000).
As appropriate, EPA will conduct ESA section 7 consultation when
issuing such individual permits.
Regardless of the above conditions, EPA may require that a
permittee apply for an individual NPDES permit on the basis of possible
jeopardy to species or critical habitats. Where there are concerns that
coverage for a particular discharger is not sufficiently protective of
listed species, the Services (as well as any other interested parties)
may petition EPA to require that the discharger obtain an individual
NPDES permit and conduct an individual section 7 consultation as
appropriate.
In addition, the Assistant Administrator for Fisheries for the
National Oceanic and Atmospheric Administration, or his/her authorized
representative, or the U.S. Fish and Wildlife Service (as well as any
other interested parties) may petition EPA to require that a permittee
obtain an individual NPDES permit. The permittee is also required to
make the SWPPP, annual site compliance inspection report, or other
information available upon request to the Assistant Administrator for
Fisheries for the National Oceanic and Atmospheric Administration, or
his/her authorized representative, or the U.S. Fish and Wildlife
Service Regional Director, or his/her authorized representative.
These mechanisms allow for the broadest and most efficient coverage
for the permittee while still providing for the most efficient
protection of endangered species. They significantly reduce the number
of dischargers that must be considered individually and therefore allow
the Agency and the Services to focus their resources on those
discharges that are indeed likely to jeopardize listed species.
Straightforward mechanisms such as these allow applicants more
immediate access to permit coverage, and eliminates ``permit limbo''
for the greatest number of permitted discharges. At the same time it is
more protective of endangered species because it allows both agencies
to focus on the real problems, and thus, provide endangered species
protection in a more expeditious manner.
D. New Storm Water Discharges to Water Quality-Impaired or Water
Quality-Limited Receiving Waters
Today's final MSGP includes a new provision (Part 1.2.3.8) which
establishes eligibility conditions with regard to discharges to water
quality-limited or water quality-impaired waters. For the purposes of
this permit, ``water quality-impaired'' refers to a stream, lake,
estuary, etc. that is not currently meeting its assigned water quality
standards. These waters are also referred to as ``303(d) waters'' due
to the requirement under that section of the CWA for States to
periodically list all state waters that are not meeting their water
quality standards. ``Water quality-limited waters'' refers to
waterbodies for which a State had to develop individual Total Maximum
Daily Loads (TMDLs), a tool which helps waterbodies meet their water
quality standards. A TMDL is a calculation of the maximum amount of a
pollutant that a waterbody can receive and still meet water quality
standards, and an allocation of that amount to the pollutant's sources.
Water quality standards are set by States, Territories, and Tribes.
They identify the uses for each waterbody, for example, drinking water
supply, contact recreation (swimming), and aquatic life support
(fishing), and the scientific criteria to support that use. The CWA,
section 303, establishes the water quality standards and TMDL programs.
Prior to submitting a Notice of Intent, any new discharger (see 40
CFR 122.2) to a 303(d) waterbody must be able to demonstrate compliance
with 40 CFR 122.4(i). In essence, you are a new discharger if your
facility started discharging after August 13, 1979 and your storm water
was not previously permitted. Any discharger to a waterbody for which
there is an approved TMDL must confirm that the TMDL allocated a
portion of the load for storm water point source discharges. These
provisions apply only to discharges containing the pollutant(s) for
which the waterbody is impaired or the TMDL developed.
Part 1.2.3.8.1 (which applies to new storm water discharges and not
to existing discharges) is designed to better ensure compliance with
NPDES regulations at 40 CFR 122.4(i), which include certain special
requirements for new discharges into impaired waterbodies. Lists of
impaired waterbodies (sometimes referred to as 303(d) waterbodies) may
be obtained from appropriate State environmental offices or their
internet sites. NPDES regulations at 40 CFR 122.4(i) prohibit
discharges unless it can be shown that:
1. There are sufficient remaining pollutant load allocations to
allow for the discharge; and
2. The existing dischargers into that segment are subject to
compliance schedules designed to bring the segments into compliance
with applicable water quality standards.
Part 1.2.3.8.2 (which applies to both new and existing storm water
discharges) is designed to better ensure compliance with NPDES
regulations at 40 CFR 122.4(d), which requires compliance with State
water quality standards. The eligibility condition prohibits coverage
of new or existing discharges of a particular pollutant where there is
a TMDL, unless the discharge is consistent with the TMDL. Lists of
waterbodies with TMDLs may be obtained from appropriate State
environmental offices or their internet sites and from EPA's TMDL
internet site at http://www.epa.gov/owow/tmdl/index.html.
E. Storm Water Discharges Subject to Anti-Degradation Provisions of
Water Quality Standards
Part 1.2.3.9 of today's final MSGP includes a new provision which
clarifies that discharges which do not comply with applicable anti-
degradation provisions of State water quality standards are not
eligible for coverage under the MSGP. This eligibility condition is
designed to better ensure compliance with NPDES regulations at 40 CFR
122.4(d), which requires compliance with State water quality standards.
Anti-degradation provisions may be obtained from the appropriate State
environmental office or their internet sites.
F. Storm Water Discharges Previously Covered by an Individual Permit
The 1995 MSGP contained general prohibitions on coverage where a
discharge was covered by another NPDES permit (Part I.B.3.d) and where
a permit had been terminated other than at the request of the permittee
(Part
[[Page 64757]]
I.B.3.e.). It was therefore possible to obtain coverage by requesting
termination of an individual permit and then submitting an NOI for
coverage under the MSGP. This could be desirable from both the
discharger's and EPA's perspective for a variety of reasons, for
example, where a wastewater permit included storm water outfalls, but
the wastewater outfalls had been eliminated. Being able to use the
general permit would reduce the application cost to the permittee and
the administrative burden of permit issuance to the Agency. Today's
permit clarifies the conditions under which transfer from an individual
permit to this general permit would be acceptable (Part 1.2.3.3.2).
In order to avoid conflict with the anti-backsliding provisions of
the CWA, transfer from an individual permit to the MSGP will only be
allowed where both of the following conditions are met:
The individual permit did not contain numeric water
quality-based effluent limitations developed for the storm water
component of the discharge; and
The permittee includes any specific BMPs for storm water
required under the individual permit in their storm water pollution
prevention plan.
Implementation of a comprehensive Storm Water Pollution Prevention
Plan for the entire facility (as opposed to selected outfalls in an
individual permit) and compliance with all other conditions of the MSGP
is deemed to be at least as stringent a technology-based permit limit
as the conditions of the individual permit. This assumption is only
made where the previous permit did not contain any specific water
quality-based effluent limitations on storm water discharges (e.g.,
storm water contained high levels of zinc and the individual permit
contained a zinc limit developed to ensure compliance with the State
water quality criteria).
G. Requiring Coverage Under an Individual Permit or an Alternate
General Permit
Part 9.12 of today's final MSGP provides that EPA may require an
individual permit or coverage under a separate general permit instead
of today's MSGP. This is in accord with NPDES regulations at 40 CFR
122.28(b)(3). These regulations also provide that any interested party
may petition EPA to take such an action. The issuance of the individual
permit or alternate general permit would be in accordance with 40 CFR
Part 124 and would provide for public comment and appeal of any final
permit decision. The circumstances in which such an action would be
taken are set forth at 40 CFR 122.28(b)(3).
VI. Summary of Common Permit Conditions
The following section describes the permit conditions common to
discharges from all the industrial activities covered by today's final
MSGP. These conditions are largely the same as the conditions of the
1995 MSGP.
A. Notification Requirements
General permits for storm water discharges associated with
industrial activity must require the submission of a Notice of Intent
(NOI) prior to the authorization of such discharges (see 40 CFR
122.28(b)(2)(i), April 2, 1992 (57 FR 11394)). Consistent with these
regulatory requirements, today's final MSGP establishes NOI
requirements. These requirements apply to facilities currently covered
by the 1995 MSGP, as well as new facilities seeking coverage. EPA made
minor modifications to the NOI form to allow the discharger, the Agency
and the public to more easily determine sector-specific conditions that
will apply to the facility. Further modifications proposed on March 30,
2000 (65 FR 17010) require review and approval by the Office of
Management and Budget under the Paperwork Reduction Act. EPA will have
all appropriate approvals in place prior to requiring the use of the
expanded NOI form. In the interim the NOI form with the minor
modifications, contained in this notice, is in effect.
The information requirements of the revised NOI form are described
below:
1. Content of NOI
a. An indication of which permit the operator is filing the NOI for
(e.g., a facility in New Hampshire would be filing for coverage under
permit NHR05*###, a facility located on Navajo Reservation lands in New
Mexico under the AZR05*##I permit, a private contractor operating a
federal facility in Colorado that is not located on Indian Country
lands under the COR05*##F permit, etc.);
b. The name, address, and telephone number of the operator filing
the NOI for permit coverage;
c. An indication of whether the owner of the site is a Federal,
State, Tribal, private, or other public entity;
d. The name (or other identifier), address, county, and latitude/
longitude of the facility for which the NOI is submitted (latitude/
longitude will be accepted in either degree-minute-second or decimal
format);
e. An indication of whether the facility is located on Indian
Country lands;
f. An indication of whether the facility is a federal facility
operated by the federal government;
g. The name of the receiving water(s);
h. The name of the municipal operator if the discharge is through a
municipal separate storm sewer system prior to discharge to a water of
the U.S.;
i. Up to four 4-digit Standard Industrial Classification (SIC)
codes that best represent the principal products produced or services
rendered, including hazardous waste treatment, storage, or disposal
activities, land disposal facilities that receive or have received any
industrial waste, steam electric power generating facilities, or
treatment works treating domestic sewage;
j. Identification of applicable sector(s) in this permit, as
designated in Table 1, for facility discharges associated with
industrial activity the operator wishes to have covered under this
permit;
k. Certification that a storm water pollution prevention plan
(SWPPP) meeting the requirements of Part 4 has been developed (with a
copy of the permit language in the SWPPP);
l. Based on the instructions in Addendum A, whether any listed
threatened or endangered species, or designated critical habitat, are
in proximity to the storm water discharges or storm water discharge-
related activities to be covered by this permit;
m. Whether any historic property listed or eligible for listing on
the National Register of Historic Places is located on the facility or
in proximity to the discharge;
n. A signed and dated certification, signed by a authorized
representative of the facility as detailed in Part 9.7 and maintained
with the SWPPP that certifies the following:
I certify under penalty of law that I have read and understand the
Part 1.2 eligibility requirements for coverage under the multi-
sector storm water general permit including those requirements
relating to the protection of endangered or threatened species or
critical habitat. To the best of my knowledge, the storm water and
allowable non-storm discharges authorized by this permit (and
discharged related activities), are not likely and will not likely,
jeopardize endangered or threatened species or critical habitat, or
are otherwise eligible for coverage under Part 1.2.3.6 of the
permit. To the best of my knowledge, I further certify that such
discharges and discharge related activities do not have an effect on
properties listed or eligible for listing on the National Register
of Historic Places under the National Historic Preservation Act, or
are otherwise eligible for coverage under Part 1.2.3.7 of the
permit. I
[[Page 64758]]
understand that continued coverage under the multi-sector storm
water general permit is contingent upon maintaining eligibility as
provided for in Part 1.2.
Two additional components of the form pending approval by the
Office of Management and Budget are:
a. under which Part(s) of Part 1.2.3.6 (Endangered Species) the
applicant is certifying eligibility and whether the FWS or NMFS was
involved in making the determination of eligibility;
b. under which Part(s) of Part 1.2.3.7 (Historic Properties) the
applicant is certifying eligibility and whether the SHPO or THPO was
involved in the determination of eligibility.
The NOI must be signed in accordance with the signatory
requirements of 40 CFR 122.22. A complete description of these
signatory requirements is provided in the instructions accompanying the
NOI. Completed NOI forms must be submitted to the Storm Water Notice of
Intent (4203), 1200 Pennsylvania Avenue NW., Washington, DC 20460.
In the future (but not at the present time), EPA may also allow
alternate means of NOI submission (such as electronic submission). An
alternate means of NOI submission may be used by operators provided EPA
has informed the operator of the acceptability of the alternative.
2. Deadlines
For facilities currently covered by the 1995 MSGP, the deadline for
submission of an NOI requesting coverage under the reissued MSGP is
January 29, 2001 (90 days after expiration of the 1995 MSGP). For these
facilities, the requirements of the 1995 MSGP are incorporated into
today's MSGP and continue to apply during the interim period subsequent
to the expiration of the 1995 MSGP, but prior to submission of the NOI
requesting coverage under the reissued MSGP. In response to a question
from some permittees, EPA wishes to clarify that there is no need to
submit an NOT to rescind coverage under the 1995 MSGP.
Facilities currently covered by the 1995 MSGP who cannot
immediately determine if they are eligible for coverage under today's
reissued MSGP may nevertheless be covered for up to 270 days provided
an application for an alternative permit is submitted within 90 days.
This interim coverage allows permit coverage while the permittee
assesses his eligibility for the reissued MSGP and, if necessary, still
meet the 180 day lead time required for applications for individual
permits.
For facilities commencing operations after reissuance of the MSGP,
the NOI must be submitted at least two days prior to the commencement
of the new industrial activity. New operators of existing facilities
must also submit the NOI at least two days prior to assuming
operational control at existing facilities.
Dischargers who submit a complete NOI in accordance with the MSGP
requirements are authorized to discharge storm water associated with
industrial activity two days after the date the NOI is postmarked,
unless otherwise notified by EPA. EPA may deny coverage under the MSGP
and require submission of an individual NPDES permit application based
on a review of the completeness and/or content of the NOI or other
information (e.g., Endangered Species Act compliance, National Historic
Preservation Act Compliance, water quality information, compliance
history, history of spills, etc.). Where EPA requires a discharger
authorized under the MSGP to apply for an individual NPDES permit (or
an alternative general permit), EPA will notify the discharger in
writing that a permit application (or different NOI) is required by an
established deadline. Coverage under the MSGP will automatically
terminate if the discharger fails to submit the required permit
application in a timely manner. Where the discharger does submit a
requested permit application, coverage under the MSGP will
automatically terminate on the effective date of the issuance or denial
of the individual NPDES permit or the alternative general permit as it
applies to the individual permittee.
A discharger is not precluded from submitting an NOI at a later
date than described above. However, in such instances, EPA may bring
appropriate enforcement actions.
3. Municipal Separate Storm Sewer System Operator Notification
Operators of storm water discharges associated with industrial
activity that discharge through a large or medium municipal separate
storm sewer system (MS4) or a municipal system designated by the
Director,\1\ must (upon request of the MS4 operator) submit a copy of
the NOI to the municipal operator of the system receiving the
discharge. This requirement of today's MSGP differs from the 1995 MSGP
which had required that a copy of the NOI be sent to the MS4 operator.
Today's MSGP has been modified in this regard to reduce paperwork
requirements, and in consideration of the fact that most large and
medium MS4 operators already have good information concerning the
industrial facilities discharging into their MS4s.
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\1\ The terms large and medium municipal separate storm sewer
systems (systems serving a population of 100,000 or more) are
defined at 40 CFR 122.26(b)(4) and (7). Some of the cities and
counties in which these systems are found are listed in Appendices
F, G, H, and I to 40 CFR Part 122. Other municipal systems have been
designated by EPA on a case-by-case basis or have brought into the
program based upon the 1990 Census.
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EPA wishes to ensure a coordinated program between EPA and
operators of MS4s for controlling pollutants in storm water discharges
associated with industrial activity which enter an MS4. Such a
coordinated program was intended by EPA's original storm water permit
application regulations of November 16, 1990 (55 FR 48063). Additional
discussion of this matter can be found in the original proposed MSGP
(58 FR 61146).
4. Notice of Termination
Where a discharger is able to eliminate the storm water discharges
associated with industrial activity from a facility, the discharger may
submit a Notice of Termination (NOT) form (or photocopy thereof)
provided by the Director. Today's final MSGP also differs from the 1995
MSGP by requiring that an NOT be submitted within 30 days after one or
both of the following two conditions having been met:
a. a new owner/operator has assumed responsibility for the
facility; or
b. the permittee has ceased operations at the facility and there no
longer are discharges of storm water associated with industrial
activity from the facility;
A copy of the NOT and instructions for completing the NOT are
included in Addendum E. The NOT form requires the following
information:
a. Name, mailing address, and location of the facility for which
the notification is submitted. Where a street address for the site is
not available, the location of the approximate center of the site must
be described in terms of the latitude and longitude to the nearest 15
seconds, or the section, township and range to the nearest quarter;
b. The name, address and telephone number of the operator addressed
by the Notice of Termination;
c. The NPDES permit number for the storm water discharge associated
with industrial activity identified by the NOT;
d. An indication of whether the storm water discharges associated
with industrial activity have been eliminated or the operator of the
discharges has changed; and
e. The following certification:
I certify under penalty of law that all storm water discharges
associated with industrial activity from the identified facility
that are
[[Page 64759]]
authorized by an NPDES general permit have been eliminated or that I
am no longer the operator of the industrial activity. I understand
that by submitting this Notice of Termination I am no longer
authorized to discharge storm water associated with industrial
activity under this general permit, and that discharging pollutants
in storm water associated with industrial activity to waters of the
United States is unlawful under the Clean Water Act where the
discharge is not authorized by an NPDES permit. I also understand
that the submission of this notice of termination does not release
an operator from liability for any violations of this permit or the
Clean Water Act.
NOTs are to be sent to the Storm Water Notice of Termination
(4203), 1200 Pennsylvania Avenue NW., Washington, DC 20460.
The NOT must be signed in accordance with the signatory
requirements of 40 CFR 122.22. A complete description of these
signatory requirements is provided in the instructions accompanying the
NOT.
5. Conditional Exclusion for No Exposure
Today's final MSGP includes a special provision (Part 1.5 of the
permit) which provides that a facility may discontinue permit coverage
if the facility determines that it is eligible for the ``no exposure''
permit exemption which was created by EPA as part of the promulgation
of the Phase II storm water regulations (64 FR 68722). A notice of
termination is not required to discontinue permit coverage under these
circumstances. However, in accordance with the Phase II regulations, a
no exposure certification must be filed with the permitting authority.
It should also be noted that facilities operating under the
existing MSGP are eligible, as of the effective date of the Phase II
regulations, to submit no exposure certifications immediately if they
meet the criteria for no exposure. No exposure certification renewals
must be submitted five years from the time they are first submitted
(assuming the facility still qualifies for the exemption). If
conditions change at a facility such that renewed MSGP coverage is
needed, the facility may submit an NOI requesting renewed coverage.
In response to comments on this matter, EPA has included a copy of
the ``No Exposure'' form and instructions as Addendum F to today's
permit.
EPA has also prepared a new guidance document entitled ``Guidance
Manual for Conditional Exclusion from Storm Water Permitting Based on
``No Exposure'' of Industrial Activities to Storm Water'' to assist
permittees in determining eligibility for the exemption. This guidance
document is available on EPA's storm water website. In addition, EPA
recently conducted a mass mailing to permittees (as well as other
stakeholder groups) alerting them to the no exposure exemption.
B. Special Conditions
The conditions of today's final MSGP have been designed to comply
with the technology-based standards of the CWA (BAT/BCT). Based on a
consideration of the appropriate factors for BAT and BCT requirements,
and a consideration of the factors and options for controlling
pollutants in storm water discharges associated with industrial
activity, the final MSGP lists a set of tailored requirements for
developing and implementing storm water pollution prevention plans
(SWPPPs) and, for selected discharges, numeric effluent limitations.\2\
This is the same approach as in the 1995 MSGP.
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\2\ Section 9.12.2 of the final MSGP provides that facility
operators with storm water discharges associated with industrial
activity who, based on an evaluation of site specific conditions,
believe that the appropriate conditions of this permit do not
adequately represent BAT and BCT requirements for the facility may
submit to the Director an individual application (Form 1 and Form
2F). A detailed explanation of the reasons why the conditions of the
available general permits do not adequately represent BAT and BCT
requirements for the facility as well as any supporting
documentation must be included.
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Section VIII of the fact sheet for the 1995 MSGP summarized the
industry-specific BMP options for controlling pollutants in storm water
discharges associated with industrial activity for the various
industrial sectors covered by the MSGP. Section VIII of today's fact
sheet does not repeat the information from the 1995 fact sheet;
however, updates are provided as appropriate.
Section VI.B.4 of today's fact sheet discusses the storm water
discharges which are subject to numeric effluent limitations. For other
discharges covered by the final MSGP, the permit conditions reflect
EPA's decision to identify a number of BMP and traditional storm water
management practices which prevent pollution in storm water discharges
as the BAT/BCT level of control for the majority of storm water
discharges covered by this permit. The permit conditions applicable to
these discharges are not numeric effluent limitations, but rather are
flexible requirements for developing and implementing site specific
plans to minimize and control pollutants in storm water discharges
associated with industrial activity.
EPA is authorized under 40 CFR 122.44(k)(2) to impose BMPs in lieu
of numeric effluent limitations in NPDES permits when the Agency finds
numeric effluent limitations to be infeasible. EPA may also impose BMPs
which are ``reasonably necessary * * * to carry out the purposes of the
Act'' under 40 CFR 122.44(k)(3). Both of these standards for imposing
BMPs were recognized in NRDC v. Costle, 568 F.2d 1369, 1380 (D.C. Cir.
1977). The conditions in today's final MSGP are issued under the
authority of both of these regulatory provisions. The pollution
prevention or BMP requirements in today's final MSGP operate as
limitations on effluent discharges that reflect the application of BAT/
BCT. This is because the BMPs identified require the use of source
control technologies which, in the context of the MSGP, are the best
available of the technologies economically achievable (or the
equivalent BCT finding). See NRDC v. EPA, 822 F.2d 104, 122-23 (D.C.
Cir. 1987) (EPA has substantial discretion to impose nonquantitative
permit requirements pursuant to Section 402(a)(1)). See also EPA's
memorandum of August 1, 1996 entitled ``Interim Permitting Approach for
Water Quality-Based Effluent Limitations for Storm Water Discharges.''
1. Prohibition of Non-storm Water Discharges
Today's final MSGP includes basically the same provisions
pertaining to non-storm water discharges as the 1995 MSGP. Like the
1995 MSGP, today's MSGP does not authorize non-storm water discharges
that are mixed with storm water except as provided below. Today's MSGP
does authorize one additional non-storm water discharge: mist
discharges which originate from cooling towers and which are deposited
at an industrial facility and may be discharged. During the term of the
1995 MSGP, these discharges were brought to the attention of EPA with a
request that the discharges be authorized under the reissued MSGP. The
mist discharges are authorized under today's MSGP provided:
a. The permittee has evaluated the potential for the discharges to
be contaminated by chemicals used in the cooling tower and determined
that the levels of such chemicals in the discharges would not cause or
contribute to a violation of an applicable water quality standard; and
b. The permittee has addressed this source of pollutants with
appropriate BMPs in the SWPPP.
The other non-storm water discharges that are authorized under
today's final MSGP are the same as those in the 1995 MSGP and include
discharges from fire
[[Page 64760]]
fighting activities; fire hydrant flushings; potable water sources,
including waterline flushings; irrigation drainage; lawn watering;
routine external building washdown without detergents; pavement
washwaters where spills or leaks of toxic or hazardous materials have
not occurred (unless all spilled material has been removed) and where
detergents are not used; air conditioning condensate; compressor
condensate; uncontaminated ground water or spring water; and foundation
or footing drains where flows are not contaminated with process
materials such as solvents that are combined with storm water
discharges associated with industrial activity. In response to a
comment, the final MSGP includes ``potable water sources, including
waterline flushings'' on the list of authorized non-storm water
discharges, but deletes the reference to ``drinking fountain water,''
which a commenter felt could conflict with local ordinances.
To be authorized under today's MSGP, these other sources of non-
storm water (except flows from fire fighting activities) must be
identified in the SWPPP prepared for the facility. (SWPPP requirements
are discussed in more detail below). Where such discharges occur, the
SWPPP must also identify and ensure the implementation of appropriate
pollution prevention measures for the non-storm water component(s) of
the discharge.
Today's final MSGP does not require pollution prevention measures
to be identified and implemented for non-storm water flows from fire-
fighting activities because these flows will generally be unplanned
emergency situations where it is necessary to take immediate action to
protect the public.
The prohibition of unpermitted non-storm water discharges in
today's MSGP ensures that non-storm water discharges (except for those
classes of non-storm water discharges that are conditionally authorized
in Part 1.2.2.2 of the MSGP) are not inadvertently authorized by the
permit. Where a storm water discharge is mixed with non-storm water
that is not authorized by today's MSGP or another NPDES permit, the
discharger should submit the appropriate application forms (Forms 1,
2C, and/or 2E) to gain permit coverage of the non-storm water portion
of the discharge.
2. Releases of Reportable Quantities of Hazardous Substances and Oil
As discussed below, today's final MSGP includes the same provisions
pertaining to releases of reportable quantities of hazardous substances
and oil as the 1995 MSGP.
a. Today's final MSGP provides that the discharge of hazardous
substances or oil from a facility must be eliminated or minimized in
accordance with the SWPPP developed for the facility. Where a permitted
storm water discharge contains a hazardous substance or oil in an
amount equal to or in excess of a reporting quantity established under
40 CFR Part 117, or 40 CFR Part 302 during a 24-hour period, the
following actions must be taken:
(1) Any person in charge of the facility that discharges hazardous
substances or oil is required to notify the National Response Center
(NRC) (800-424-8802; in the Washington, DC, metropolitan area, 202-426-
2675) in accordance with the requirements of 40 CFR Part 117, and 40
CFR Part 302 as soon as they have knowledge of the discharge.
(2) The SWPPP for the facility must be modified within 14 calendar
days of knowledge of the release to provide a description of the
release, an account of the circumstances leading to the release, and
the date of the release. In addition, the plan must be reviewed to
identify measures to prevent the reoccurrence of such releases and to
respond to such releases, and it must be modified where appropriate.
(3) The permittee must also submit to EPA within 14 calendar days
of knowledge of the release a written description of the release
(including the type and estimate of the amount of material released),
the date that such release occurred, the circumstances leading to the
release, and steps to be taken to modify the SWPPP for the facility.
b. Anticipated discharges containing a hazardous substance in an
amount equal to or in excess of reporting quantities are those caused
by events occurring within the scope of the relevant operating system.
Facilities that have more than one anticipated discharge per year
containing a hazardous substance in an amount equal to or in excess of
a reportable quantity are required to:
(1) Submit notifications of the first release that occurs during a
calendar year (or for the first year of this permit, after submission
of an NOI); and
(2) Provide a written description in the SWPPP of the dates on
which such releases occurred, the type and estimate of the amount of
material released, and the circumstances leading to the releases. In
addition, the SWPPP must address measures to minimize such releases.
c. Where a discharge of a hazardous substance or oil in excess of
reporting quantities is caused by a non-storm water discharge (e.g., a
spill of oil into a separate storm sewer), that discharge is not
authorized by the MSGP and the discharger must report the discharge as
required under 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302. In
the event of a spill, the requirements of Section 311 of the CWA and
other applicable provisions of Sections 301 and 402 of the CWA continue
to apply. This approach is consistent with the requirements for
reporting releases of hazardous substances and oil that make a clear
distinction between hazardous substances typically found in storm water
discharges and those associated with spills that are not considered
part of a normal storm water discharge (see 40 CFR 117.12(d)(2)(i)).
3. Co-located Industrial Facilities
Like the 1995 MSGP, today's MSGP includes requirements pertaining
to co-located industrial facilities. However, these requirements have
been modified from the requirements of the 1995 MSGP to clarify their
applicability. Co-located industrial activities occur when activities
being conducted onsite fall into more than one of the categories of the
industrial facilities listed in Part 1.2.1 of today's MSGP (e.g., a
landfill at a wood treatment facility). Facilities operating under the
1995 MSGP have sometimes been unclear whether certain limited
activities (e.g., minor vehicle maintenance activities at an industrial
plant) would trigger the MSGP's requirements regarding co-located
activities.
If you have co-located industrial activities on-site that are
described in a sector(s) other than your primary sector, you must
comply with all other applicable sector-specific conditions found in
Part 6 for the co-located industrial activities. The extra sector-
specific requirements are applied only to those areas of your facility
where the extra-sector activities occur. An activity at a facility is
not considered co-located if the activity, when considered separately,
does not meet the description of a category of industrial activity
covered by the storm water regulations, and identified by today's MSGP
SIC code list. For example, unless you are actually hauling substantial
amounts of freight or materials with your own truck fleet or are
providing a trucking service to outsiders, simple maintenance of
vehicles used at your facility is unlikely to meet the SIC code group
42 description of a motor freight transportation facility. Even though
Sector P may not apply, the runoff from your vehicle maintenance
facility would likely still be considered storm water
[[Page 64761]]
associated with industrial activity. As such, your SWPPP must still
address the runoff from the vehicle maintenance facility--although not
necessarily with the same degree of detail as required by Sector P--but
you would not be required to monitor as per Sector P.
In the event there truly are co-located activities at your
facility, today's MSGP authorizes, as does the 1995 MSGP, all storm
water discharges provided that your facility complies with all SWPPP
and monitoring requirements for each co-located activity. By monitoring
the discharges from the different industrial activities, you can better
determine the effectiveness of your SWPPP for controlling all major
pollutants of concern in your storm water discharges. However, if
monitoring for the same parameter is required for more than one sector
(and the different industrial activities drain to the same outfall),
then only one sample analysis is required for that parameter.
4. Numeric Effluent Limitations
Today's MSGP retains the numeric effluent limitations which were
included in the 1995 MSGP, and also includes the effluent limitations
guidelines which EPA recently finalized for certain storm water
discharges from new and existing hazardous and non-hazardous landfills
(65 FR 3007, January 19, 2000). The new effluent limitations guidelines
for these landfills are discussed in more detail in the Sections VIII.K
and L of this fact sheet (Special Requirements for Discharges
Associated with Industry Activities).
Today's MSGP retains the numeric effluent limitations from the 1995
MSGP for the following discharges: coal pile runoff (including runoff
from steam electric power plants subject to 40 CFR Part 423
requirements), discharges from phosphate fertilizer manufacturing (40
CFR Part 418), asphalt paving and roofing emulsions (40 CFR Part 443),
cement manufacturing materials storage pile runoff (40 CFR Part 411),
and discharges resulting from the spray down of lumber and wood
products storage yards (wet decking) (40 CFR Part 429). In addition,
the final MSGP authorizes mine dewatering discharges from construction
sand and gravel, industrial sand, and crushed stone facilities (40 CFR
Part 436) in EPA Regions 1, 2, 3, 6, 8, 9, 10. The actual numeric
effluent limitations can be found in Part 6 of the final MSGP.
5. Compliance with Water Quality Standards
The 1995 MSGP does not specifically address compliance with water
quality standards (WQS), other than to exclude from coverage discharges
which may contribute to an exceedance of WQS. Today's final MSGP
includes the same restriction on eligibility, and in Part 3.3 also
includes certain requirements if exceedances occur for discharges
covered by the MSGP. If a discharge authorized under the final MSGP is
later discovered to cause, or have the reasonable potential to cause or
contribute to, a violation of a WQS, the permitting authority will
inform the permittee of the violation. The permittee must then take all
necessary actions to ensure future discharges do not cause or
contribute to the violation of WQS, and document these actions in the
SWPPP. If violations remain or recur, coverage under the MSGP may be
terminated by the permitting authority and an alternate permit issued.
Today's final MSGP also clarifies that compliance with this requirement
does not preclude enforcement actions as provided by the CWA for the
underlying violation.
C. Common Storm Water Pollution Prevention Plan (SWPPP) Requirements
Like the 1995 MSGP, today's reissued MSGP requires that all
facilities which intend to be covered by the MSGP for storm water
discharges associated with industrial activity prepare and implement a
SWPPP. The MSGP addresses pollution prevention plan requirements for a
number of categories of industries. Following below is a discussion of
the common permit requirements for all industries; special requirements
for facilities subject to EPCRA Section 313 reporting requirements; and
special requirements for facilities with outdoor salt storage piles.
These are the permit requirements which apply to discharges associated
with any of the industrial activities covered by today's final MSGP.
These common requirements may be amended or further clarified in the
industry-specific SWPPP requirements which are found in Part 6 of the
final MSGP. These industry-specific requirements are additive for
facilities where co-located industrial activities occur.
The Storm Water Pollution Prevention Plan (SWPPP) approach in
today's final MSGP focuses on two major objectives: (1) to identify
sources of pollution potentially affecting the quality of storm water
discharges associated with industrial activity from the facility; and
(2) ensure implementation of measures to minimize and control
pollutants in storm water discharges associated with industrial
activity from the facility.
The SWPPP requirements in today's final MSGP are intended to
facilitate a process whereby the operator of the industrial facility
thoroughly evaluates potential pollution sources at the site and
selects and implements appropriate measures designed to prevent or
control the discharge of pollutants in storm water runoff. The process
involves the following four steps: (1) formation of a team of qualified
plant personnel who will be responsible for preparing the plan and
assisting the plant manager in its implementation; (2) assessment of
potential storm water pollution sources; (3) selection and
implementation of appropriate management practices and controls; and
(4) periodic evaluation of the effectiveness of the plan to prevent
storm water contamination.
EPA believes the pollution prevention approach is the most
environmentally sound and cost-effective way to control the discharge
of pollutants in storm water runoff from industrial facilities. This
position is supported by the results of a comprehensive technical
survey EPA completed in 1979.\3\ The survey found that two classes of
management practices are generally employed at industries to control
the nonroutine discharge of pollutants from sources such as storm water
runoff, drainage from raw material storage and waste disposal areas,
and discharges from places where spills or leaks have occurred. The
first class of management practices includes those that are low in
cost, applicable to a broad class of industries and substances, and
widely considered essential to a good pollution control program. Some
examples of practices in this class are good housekeeping, employee
training, and spill response and prevention procedures. The second
class includes management practices that provide a second line of
defense against the release of pollutants. This class addresses
containment, mitigation, and cleanup. Since publication of the 1979
survey, EPA has imposed management practices and controls in NPDES
permits on a case-by-case basis. The Agency also has continued to
review the appropriateness and effectiveness of such practices,\4\ as
well as the
[[Page 64762]]
techniques used to prevent and contain oil spills. \5\ Experience with
these practices and controls has shown that they can be used in permits
to reduce pollutants in storm water discharges in a cost-effective
manner. In keeping with both the present and previous administration's
objective to attain environmental goals through pollution prevention,
pollution prevention has been and continues to be the cornerstone of
the NPDES permitting program for storm water. EPA has developed
guidance entitled ``Storm Water Management for Industrial Activities:
Developing Pollution Prevention Plans and Best Management Practices,''
September 1992, to assist permittees in developing and implementing
pollution prevention measures.
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\3\ See ``Storm Water Management for Industrial Activities,''
EPA, September 1992, EPA-832-R-92-006.
\4\ For example, see ``Best Management Practices: Useful Tools
for Cleaning Up,'' Thron, H. Rogoshewski, P., 1982, Proceedings of
the 1982 Hazardous Material Spills Conference; ``The Chemical
Industries'' Approach to Spill Prevention,'' Thompson, C., Goodier,
J. 1980, Proceedings of the 1980 National Conference of Control of
Hazardous Materials Spills; a series of EPA memoranda entitled
``Best Management Practices in NPDES Permits--Information
Memorandum,'' 1983, 1985, 1986, 1987, 1988; Review of Emergency
Systems: Report to Congress,'' EPA, 1988; and ``Analysis of
Implementing Permitting Activities for Storm Water Discharges
Associated with Industrial Activity,'' EPA, 1991.
\5\ See for example, ``The Oil Spill Prevention, Control and
Countermeasures Program Task Force Report,'' EPA, 1988; and
``Guidance Manual for the Development of an Accidental Spill
Prevention Program,'' prepared by SAIC for EPA, 1986.
Note: The discussions of the SWPPP requirements are grouped in
subject areas and do not follow the exact order of the permit
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conditions.
1. Pollution Prevention Team (Part 4.2.1)
As a first step in the process of developing and implementing a
SWPPP, permittees are required to identify a qualified individual or
team of individuals to be responsible for developing the plan and
assisting the facility or plant manager in its implementation. When
selecting members of the team, the plant manager should draw on the
expertise of all relevant departments within the plant to ensure that
all aspects of plant operations are considered when the plan is
developed. The plan must clearly describe the responsibilities of each
team member as they relate to specific components of the plan. In
addition to enhancing the quality of communication between team members
and other personnel, clear delineation of responsibilities will ensure
that every aspect of the plan is addressed by a specified individual or
group of individuals. Pollution Prevention Teams may consist of one
individual where appropriate (e.g., in certain small businesses with
limited storm water pollution potential).
2. Description of the Facility and Potential Pollution Sources (Part
4.2.2)
Each SWPPP must describe activities, materials, and physical
features of the facility that may contribute significant amounts of
pollutants to storm water runoff or, during periods of dry weather,
result in pollutant discharges through the separate storm sewers or
storm water drainage systems that drain the facility. This assessment
of storm water pollution risk will support subsequent efforts to
identify and set priorities for necessary changes in materials,
materials management practices, or site features, as well as aid in the
selection of appropriate structural and nonstructural control
techniques. Some operators may find that significant amounts of
pollutants are running onto the facility property. Such operators
should identify and address the contaminated runon in the SWPPP. If the
runon cannot be addressed or diverted by the permittee, the permitting
authority should be notified. If necessary, the permitting authority
may require the operator of the adjacent facility to obtain a permit.
Part 6 of the final MSGP includes industry-specific requirements
for the various industry sectors covered by today's permit. All SWPPPs
generally must describe the following elements:
a. Description of the Facility Site and Receiving Waters/Wetlands
(Parts 4.2.2 and 4.2.3): The plan must contain a map of the site that
shows the location of outfalls covered by the permit (or by other NPDES
permits), the pattern of storm water drainage, an indication of the
types of discharges contained in the drainage areas of the outfalls,
structural features that control pollutants in runoff,\6\ surface water
bodies (including wetlands), places where significant materials \7\ are
exposed to rainfall and runoff, and locations of major spills and leaks
that occurred in the 3 years prior to the date of the submission of an
NOI to be covered under this permit. The map also must show areas where
the following activities take place: fueling, vehicle and equipment
maintenance and/or cleaning, loading and unloading, material storage
(including tanks or other vessels used for liquid or waste storage),
material processing, and waste disposal. For areas of the facility that
generate storm water discharges with a reasonable potential to contain
significant amounts of pollutants, the map must indicate the probable
direction of storm water flow and the pollutants likely to be in the
discharge. Flows with a significant potential to cause soil erosion
also must be identified. In order to increase the readability of the
map, the inventory of the types of discharges contained in each outfall
may be kept as an attachment to the site map.
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\6\ Nonstructural features such as grass swales and vegetative
buffer strips also should be shown.
\7\ Significant materials include, but are not limited to the
following: raw materials; fuels; solvents, detergents, and plastic
pellets; finished materials, such as metallic products; raw
materials used in food processing or production; hazardous
substances designated under Section 101(14) of the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA); any
chemical the facility is required to report pursuant to EPCRA
Section 313; fertilizers; pesticides; and waste products, such as
ashes, slag, and sludge that have the potential to be released with
storm water discharges. (See 40 CFR 122.26(b)(8)).
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b. Summary of Potential Pollutant Sources (Part 4.2.4): The
description of potential pollution sources culminates in a narrative
assessment of the risk potential that sources of pollution pose to
storm water quality. This assessment should clearly point to
activities, materials, and physical features of the facility that have
a reasonable potential to contribute significant amounts of pollutants
to storm water. Any such activities, materials, or features must be
addressed by the measures and controls subsequently described in the
plan. In conducting the assessment, the facility operator must consider
the following activities: loading and unloading operations; outdoor
storage activities; outdoor manufacturing or processing activities;
significant dust or particulate generating processes; and onsite waste
disposal practices. The assessment must list any significant pollution
sources at the site and identify the pollutant parameter or parameters
(i.e., biochemical oxygen demand, suspended solids, etc.) associated
with each source.
c. Significant Spills and Leaks (Part 4.2.5): The plan must include
a list of any significant spills and leaks of toxic or hazardous
pollutants that occurred in the three years prior to the date of the
submission of an NOI to be covered under this permit. Significant
spills include, but are not limited to, releases of oil or hazardous
substances in excess of quantities that are reportable under Section
311 of CWA (see 40 CFR 110.10 and 40 CFR 117.21) or Section 102 of the
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) (see 40 CFR 302.4). Significant spills may also include
releases of oil or hazardous substances that are not in excess of
reporting requirements and releases of materials that are not
classified as oil or a hazardous substance.
The listing should include a description of the causes of each
spill or leak, the actions taken to respond to each release, and the
actions taken to prevent similar such spills or leaks in the future.
This effort will aid the facility operator as she or he examines
existing spill prevention and response procedures and develops any
additional
[[Page 64763]]
procedures necessary to fulfill the requirements set forth in Parts 4
and 6 of the final permit.
d. Allowable and Prohibited Non-storm Water Discharges (Part 4.4):
Each SWPPP must include a certification, signed by an authorized
individual, that discharges from the site have been tested or evaluated
for the presence of non-storm water discharges. The certification must
describe possible significant sources of non-storm water, the results
of any test and/or evaluation conducted to detect such discharges, the
test method or evaluation criteria used, the dates on which tests or
evaluations were performed, and the onsite drainage points directly
observed during the test or evaluation. Acceptable test or evaluation
techniques include dye tests, television surveillance, observation of
outfalls or other appropriate locations during dry weather, water
balance calculations, and analysis of piping and drainage
schematics.\8\
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\8\ In general, smoke tests should not be used for evaluating
the discharge of non-storm water to a separate storm sewer as many
sources of non-storm water typically pass through a trap that would
limit the effectiveness of the smoke test.
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Except for flows that originate from fire fighting activities,
sources of non-storm water that are specifically identified in the
permit as being eligible for authorization under the general permit
must be identified in the plan. SWPPPs must identify and ensure the
implementation of appropriate pollution prevention measures for the
non-storm water discharge.
EPA recognizes that certification may not be feasible where
facility personnel do not have access to an outfall, manhole, or other
point of access to the conduit that ultimately receives the discharge.
In such cases, the plan must describe why certification was not
feasible. Permittees who are not able to certify that discharges have
been tested or evaluated must notify the Director in accordance with
Part 4.4 of the final MSGP.
e. Sampling Data (Part 4.2.6): Any existing data on the quality or
quantity of storm water discharges from the facility must be described
in the plan, including data collected for Part 2 of the group
application process. These data may be useful for locating areas that
have contributed pollutants to storm water. The description should
include a discussion of the methods used to collect and analyze the
data. Sample collection points should be identified in the plan and
shown on the site map.
3. Selection and Implementation of Storm Water Controls (Part 4.2.7, et
al.)
Following completion of the source identification and assessment
phase, the permit requires the permittee to evaluate, select, and
describe the pollution prevention measures, BMPs, and other controls
that will be implemented at the facility. BMPs include processes,
procedures, schedules of activities, prohibitions on practices, and
other management practices that prevent or reduce the discharge of
pollutants in storm water runoff.
EPA emphasizes the implementation of pollution prevention measures
and BMPs that reduce possible pollutant discharges at the source.
Source reduction measures include, among others, preventive
maintenance, chemical substitution, spill prevention, good
housekeeping, training, and proper materials management. Where such
practices are not appropriate to a particular source or do not
effectively reduce pollutant discharges, EPA supports the use of source
control measures and BMPs such as material segregation or covering,
water diversion, and dust control. Like source reduction measures,
source control measures and BMPs are intended to keep pollutants out of
storm water. The remaining classes of BMPs, which involve recycling or
treatment of storm water, allow the reuse of storm water or attempt to
lower pollutant concentrations prior to discharge.
The SWPPP must discuss the reasons each selected control or
practice is appropriate for the facility and how each will address one
or more of the potential pollution sources identified in the plan. The
plan also must include a schedule specifying the time or times during
which each control or practice will be implemented. In addition, the
plan should discuss ways in which the controls and practices relate to
one another and, when taken as a whole, produce an integrated and
consistent approach for preventing or controlling potential storm water
contamination problems. The permit requirements included for the
various industry sectors in Part 6 of today's final MSGP generally
require that the portion of the plan that describes the measures and
controls address the following minimum components.
When ``minimize/reduce'' is used relative to SWPPP measures, EPA
means to consider and implement BMPs that will result in an improvement
over the baseline conditions as it relates to the levels of pollutants
identified in storm water discharges with due consideration to economic
feasibility and effectiveness.
a. Nonstructural Controls:
Good Housekeeping. Good housekeeping involves using
practical, cost-effective methods to identify ways to maintain a clean
and orderly facility and keep contaminants out of separate storm
sewers. It includes establishing protocols to reduce the possibility of
mishandling chemicals or equipment and training employees in good
housekeeping techniques. These protocols must be described in the plan
and communicated to appropriate plant personnel.
Minimizing Exposure. Where practicable, protecting
potential pollutant sources from exposure to storm water is an
important control option. Pollutants that are never allowed to
contaminate storm water do not require development of ``treatment''
type BMPs. Elimination of all exposure to storm water may also make the
facility eligible for the ``No Exposure Certification'' exclusion from
permitting at 40 CFR 122.26(g)
Preventive Maintenance. Permittees must develop a
preventive maintenance program that involves regular inspection and
maintenance of storm water management devices and other equipment and
systems. The program description should identify the devices,
equipment, and systems that will be inspected; provide a schedule for
inspections and tests; and address appropriate adjustment, cleaning,
repair, or replacement of devices, equipment, and systems. For storm
water management devices such as catch basins and oil/water separators,
the preventive maintenance program should provide for periodic removal
of debris to ensure that the devices are operating efficiently. For
other equipment and systems, the program should reveal and enable the
correction of conditions that could cause breakdowns or failures that
may result in the release of pollutants.
Spill Prevention and Response Procedures. Based on an
assessment of possible spill scenarios, permittees must specify
appropriate material handling procedures, storage requirements,
containment or diversion equipment, and spill cleanup procedures that
will minimize the potential for spills and, in the event of a spill,
enable proper and timely response. Areas and activities that typically
pose a high risk for spills include loading and unloading areas,
storage areas, process activities, and waste disposal activities. These
activities and areas, and their accompanying drainage points, must be
described in the plan. For a spill
[[Page 64764]]
prevention and response program to be effective, employees should
clearly understand the proper procedures and requirements and have the
equipment necessary to respond to spills.
Routine Inspections. In addition to the comprehensive site
evaluation, facilities are required to conduct periodic inspections of
designated equipment and areas of the facility. Industry-specific
requirements for such inspections, if any, are set forth in Part 6 of
the final MSGP. When required, qualified personnel must be identified
to conduct inspections at appropriate intervals specified in the plan.
A set of tracking or follow-up procedures must be used to ensure that
appropriate actions are taken in response to the inspections. Records
of inspections must be maintained. These periodic inspections are
different from the comprehensive site evaluation, even though the
former may be incorporated into the latter. Equipment, area, or other
inspections are typically visual and are normally conducted on a
regular basis, e.g., daily inspections of loading areas. Requirements
for such periodic inspections are specific to each industrial sector in
today's permit, whereas the comprehensive site compliance evaluation is
required of all industrial sectors. Area inspections help ensure that
storm water pollution prevention measures (e.g., BMPs) are operating
and properly maintained on a regular basis. The comprehensive site
evaluation is intended to provide an overview of the entire facility's
pollution prevention activities. Refer to Part VI.C.3.h. below for more
information on the comprehensive site evaluation.
Employee Training. The SWPPP must describe a program for
informing personnel at all levels of responsibility of the components
and goals of the SWPPP. The training program should address topics such
as good housekeeping, materials management, and spill response
procedures. Where appropriate, contractor personnel also must be
trained in relevant aspects of storm water pollution prevention. A
schedule for conducting training must be provided in the plan. Several
sections in Part 6 of today's final MSGP specify a minimum frequency
for training of once per year. Others indicate that training is to be
conducted at an appropriate interval. EPA recommends that facilities
conduct training annually at a minimum. However, more frequent training
may be necessary at facilities with high turnover of employees or where
employee participation is essential to the storm water pollution
prevention plan.
b. Structural Controls:
Sediment and Erosion Control. The SWPPP must identify
areas that, due to topography, activities, soils, cover materials, or
other factors have a high potential for significant soil erosion. The
plan must identify measures that will be implemented to limit erosion
in these areas.
Management of Runoff. The plan must contain a narrative
evaluation of the appropriateness of traditional storm water management
practices (i.e., practices other than those that control pollutant
sources) that divert, infiltrate, reuse, or otherwise manage storm
water runoff so as to reduce the discharge of pollutants. Appropriate
measures may include, among others, vegetative swales, collection and
reuse of storm water, inlet controls, snow management, infiltration
devices, and wet detention/retention basins.
c. Example BMPs: Part 4.2.7.2.2 includes a list of example BMPs
that could be considered for use in a SWPPP, for example: detention
structures (including wet ponds); storm water retention structures;
flow attenuation by use of open vegetated swales and natural
depressions; infiltration of runoff onsite; and sequential systems
(which combine several practices). These examples are not intended to
limit the creativity of facility operators in developing alternative
BMPs or applications for BMPs that increase cost effectiveness.
d. Selection of Controls: Based on the results of the evaluation,
the plan must identify practices that the permittee determines are
reasonable and appropriate for the facility. The plan also should
describe the particular pollutant source area or activity to be
controlled by each storm water management practice. Reasonable and
appropriate practices must be implemented and maintained according to
the provisions prescribed in the plan.
In selecting storm water management measures, it is important to
consider the potential effects of each method on other water resources,
such as ground water. Although storm water pollution prevention plans
primarily focus on storm water management, facilities must also
consider potential ground water pollution problems and take appropriate
steps to avoid adversely affecting ground water quality. For example,
if the water table is unusually high in an area, an infiltration pond
may contaminate a ground water source unless special preventive
measures are taken. Under EPA's July 1991 Ground Water Protection
Strategy, States are encouraged to develop Comprehensive State Ground
Water Protection Programs (CSGWPP). Efforts to control storm water
should be compatible with State ground water objectives as reflected in
CSGWPPs.
e. Other Controls: Today's final MSGP includes a new requirement
that no solid materials, including floating debris may be discharged to
waters of the United States, except as authorized by a permit under
Section 404 of the Clean Water Act. In addition, off-site tracking of
raw, final, or waste materials or sediment, and the generation of dust
must be minimized. Tracking or blowing of raw, final, or waste
materials from areas of no exposure to exposed areas must be minimized.
These requirements are similar to requirements included in EPA's
construction general storm water permit (63 FR 7858, February 17, 1998)
which EPA believes would be appropriate for industrial facilities as
well.
f. Maintenance (Part 4.3): All BMPs identified in the SWPPP must be
maintained in effective operating condition.
g. Controls for Allowable Non-Storm Water (Part 4.4.2): Where an
allowable non-storm water has been identified, appropriate controls for
that discharge must be included in the permit. In many cases, the same
types of controls for contaminated storm water would suffice, but the
nature and volume of potential pollutants in the non-storm water
discharges must be taken into consideration in selection of controls.
h. Comprehensive Site Compliance Evaluation (Part 4.9): Today's
final MSGP requires that the SWPPP describe the scope and content of
the comprehensive site evaluations that qualified personnel will
conduct to (1) confirm the accuracy of the description of potential
pollution sources contained in the plan, (2) determine the
effectiveness of the plan, and (3) assess compliance with the terms and
conditions of the permit. Note that the comprehensive site evaluations
are not the same as periodic or other inspections described for certain
industries in Section VI.C.3.d of this fact sheet. However, in the
instances when frequencies of inspections and the comprehensive site
compliance evaluation overlap, they may be combined allowing for
efficiency as long as the requirements for both types of inspections
are met. The plan must indicate the frequency of comprehensive
evaluations which must be at least once a year, except where
comprehensive site evaluations are shown in the plan to be impractical
for inactive mining sites, due to remote
[[Page 64765]]
location and inaccessibility.\9\ The individual or individuals who will
conduct the comprehensive site evaluation must be identified in the
plan and should be members of the pollution prevention team. Material
handling and storage areas and other potential sources of pollution
must be visually inspected for evidence of actual or potential
pollutant discharges to the drainage system. Inspectors also must
observe erosion controls and structural storm water management devices
to ensure that each is operating correctly. Equipment needed to
implement the SWPPP, such as that used during spill response
activities, must be inspected to confirm that it is in proper working
order.
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\9\ Where annual site inspections are shown in the plan to be
impractical for inactive mining sites due to remote location and
inaccessibility, site inspections must be conducted at least once
every three years.
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The results of each comprehensive site evaluation must be
documented in a report signed by an authorized company official. The
report must describe the scope of the comprehensive site evaluation,
the personnel making the comprehensive site evaluation, the date(s) of
the comprehensive site evaluation, and any major observations relating
to implementation of the SWPPP. Comprehensive site evaluation reports
must be retained for at least three years after the date of the
evaluation. Based on the results of each comprehensive site evaluation,
the description in the plan of potential pollution sources and measures
and controls must be revised as appropriate within two weeks after each
comprehensive site evaluation, unless indicated otherwise in Part 6 of
the permit. If existing BMPs need to be modified or if additional BMPs
are necessary, implementation must be completed before the next
anticipated storm, or not more than 12 weeks after completion of the
comprehensive site evaluation.
i. Applicable State, Tribal, or Local Plans (Part 4.8): The SWPPP
must be consistent with any applicable requirements of State, Tribal,
or Local storm water, waste disposal, sanitary sewer or septic system
regulations to the extent these apply to a facility and are more
stringent than the requirements of this permit.
j. Documentation of Permit Eligibility with Regards to ESA and NHPA
Requirements (Parts 4.5 and 4.6): To better ensure compliance with the
requirements of the ESA and NHPA, Parts 4.5 and 4.6 of today's final
MSGP require that documentation be included with the SWPPP
demonstrating permit eligibility with regards to the requirements of
the ESA and NHPA. The following information is required for the ESA:
Information on whether listed endangered or threatened
species, or critical habitat, are found in proximity to the facility;
Whether such species may be jeopardized by the storm water
discharges or storm water discharge-related activities;
Results of the Addendum A endangered species screening
determinations; and
A description of measures necessary to protect listed
endangered or threatened species, or critical habitat, including any
terms or conditions that are imposed under the eligibility requirements
of Part 1.2.3.6. The final MSGP notes that discharges from facilities
which fail to describe and implement such measures are ineligible for
coverage under the permit.
The following information is required for the NHPA determination:
Information on whether the storm water discharges or storm
water discharge-related activities would have an effect on a property
that is listed or eligible for listing on the National Register of
Historic Places;
Where effects may occur, any written agreements which have
been made with the State Historic Preservation Officer, Tribal Historic
Preservation Officer, or other Tribal leader to mitigate those effects;
Results of the Addendum B historic places screening
determinations; and
A description of measures necessary to avoid or minimize
adverse impacts on places listed, or eligible for listing, on the
National Register of Historic Places, including any terms or conditions
that are imposed under the eligibility requirements of Part 1.2.3.7 of
this permit. The final MSGP notes that discharges from facilities which
fail to describe and implement such measures are ineligible for
coverage under the permit.
k. Keeping a Copy of the Permit with the SWPPP (Part 4.7): A new
requirement to have a copy of the permit language in the SWPPP has been
added to today's permit. The ``confirmation'' letter received from the
NOI Processing Center is not the permit; it is essentially only the
equivalent of a ``receipt'' for a facility's ``registration'' (NOI) to
use the general permit. Since determining permit eligibility and
preparing a SWPPP is required prior to obtaining permit coverage, a
copy of the permit would be needed anyway. Requiring a copy of the
permit in the SWPPP ensures that facility operators, and not just
whoever prepared the SWPPP, will have ready access to all permit
requirements.
l. Recordkeeping and Keeping the SWPPP Current (Parts 4.9.4, 4.10,
et al.): Records must be kept with the SWPPP documenting the status and
effectiveness of plan implementation. At a minimum, records must
address results of the annual Comprehensive Site Compliance
Evaluations, routine facility inspections, spills, monitoring, and
maintenance activities. The plan also must describe a system that
enables timely reporting of storm water management-related information
to appropriate plant personnel. Inspectors or other enforcement
officers will ask for records documenting permit compliance during
inspections or facility compliance reviews.
The SWPPP must be updated whenever there is a change at the
facility that would significantly affect the discharges authorized
under the MSGP. The SWPPP must also be updated whenever monitoring
results and/or an inspection by the permittee or by local, state,
tribal, or federal officials indicate a portion of the SWPPP is proving
to be ineffective in controlling storm water discharge quality.
m. Signature, Plan Review, and Access to the SWPPP (Part 4.11): The
SWPPP must be signed and certified in accordance with Part 7 of the
permit. A copy of the SWPPP must be kept on site at the facility or be
locally available for the use of the Director, a State, Tribe, or local
agency (e.g., MS4 operator) at the time of an onsite inspection. The
SWPPP must also be made available to the U.S. Fish and Wildlife Service
or National Marine Fisheries Service upon request. Since SWPPPs are
living documents that change over time, access to the current version
of the SWPPP is critical in assessing permit compliance. Facilities are
also required to provide a copy of the SWPPP to the public when
requested in writing to do so.
The Director may notify you at any time that your SWPPP does not
meet one or more of the minimum requirements of this permit. The
notification will identify provisions of the permit which are not being
met, as well as the required modifications. Required changes must be
made within thirty (30) calendar days and a written certification
submitted to the Director confirming that the changes were made.
EPA does not intend to require public comment on SWPPPs or hold
public hearings. As noted above, EPA may require changes to a SWPPP
when necessary and may consider concerns from the public in making such
judgments. The MSGP also provides
[[Page 64766]]
that individual permits may be required when the MSGP is inappropriate
for a given facility. During the issuance of the individual permits,
the public would have an opportunity to comment on the requirements of
the permits.
4. Deadlines
Today's MSGP requires that permittees previously covered by the
1995 MSGP must update their SWPPPs to comply with any new requirements
of today's MSGP by the date they submit their new NOIs. As noted
earlier, the new NOIs are due January 29, 2001. However, a permittee
may request an extension for the SWPPP update not to exceed 270 days
from the expiration date of the 1995 MSGP.
D. Special Requirements
1. Special Requirements for Storm Water Discharges Associated With
Industrial Activity From Facilities Subject to EPCRA Section 313
Requirements (Part 4.12)
Today's final MSGP replaces the special requirements of the 1995
MSGP for certain permittees subject to reporting requirements under
Section 313 of the EPCRA (also known as Title III of the Superfund
Amendments and Reauthorization Act (SARA)) with a requirement to
identify areas with these pollutants. EPCRA Section 313 requires
operators of certain facilities that manufacture (including import),
process, or otherwise use listed toxic chemicals to report annually
their releases of those chemicals to any environmental media. Listed
toxic chemicals include more than 500 chemicals and chemical classes
listed at 40 CFR Part 372 (including the recently added chemicals
published November 30, 1994).
By requiring identification of EPCRA 313 chemicals in the summary
of potential pollutant sources under the Storm Water Pollution
Prevention Plan (Part 4.2.4), the facility operator is then required to
develop appropriate storm water controls for such areas (Part 4.2.7).
EPA expects that many controls for EPCRA chemicals will continue to be
driven by other state and federal environmental regulations such as
Spill Prevention Control and Countermeasure (SPCC) plans required under
Section 311 of the CWA, etc. as long as such a requirement is
incorporated into the SWPPP.
This reduction in permit complexity by eliminating redundant
requirements was requested by members of the regulated community.
2. Special Requirements for Storm Water Discharges Associated With
Industrial Activity From Salt Storage Facilities
Today's MSGP retains the same special requirements as the 1995 MSGP
for storm water discharges associated with industrial activity from
salt storage facilities. Storage piles of salt used for deicing or
other commercial or industrial purposes must be enclosed or covered to
prevent exposure to precipitation, except for exposure resulting from
adding or removing materials from the pile. This requirement only
applies to runoff from storage piles discharged to waters of the United
States. Facilities that collect all the runoff from their salt piles
and reuse it in their processes or discharge it subject to a separate
NPDES permit do not need to enclose or cover their piles.
These special requirements have been included in today's permit
based on human health and aquatic effects resulting from storm water
runoff from salt storage piles compounded with the prevalence of salt
storage piles across the United States.
3. Consistency With Other Plans
SWPPPs may reference the existence of other plans for Spill
Prevention Control and Countermeasure (SPCC) developed for the facility
under Section 311 of the CWA or BMP programs otherwise required by an
NPDES permit for the facility as long as such requirement is
incorporated into the SWPPP.
E. Monitoring and Reporting Requirements
Today's final MSGP retains the same monitoring requirements as the
existing MSGP. Numerous comments were submitted on these monitoring
requirements. A summary of EPA's responses to these comments and
justification for retaining these requirements is contained in this
section. A more detailed discussion is found in Section IX of this fact
sheet (Summary of Responses to Comments). Responses to individual
comments are contained in the Water Docket.
Like the 1995 MSGP, today's final MSGP includes three general types
of monitoring: analytical monitoring or chemical monitoring; compliance
monitoring for effluent guidelines compliance, and visual examinations
of storm water discharges. A general description of each of these types
of monitoring which was provided with the 1995 MSGP is repeated below.
1. Analytical Monitoring Requirements
Analytical monitoring requirements involve laboratory chemical
analyses of samples collected by the permittee. The results of the
analytical monitoring are quantitative concentration values for
different pollutants, which can be easily compared to the results from
other sampling events, other facilities, or to national benchmarks.
The categories of facilities subject to analytical monitoring in
today's final MSGP are noted in Table 1 of this fact sheet. The MSGP
requires analytical monitoring for the industry sectors or subsectors
that demonstrated in the group application data a potential to
discharge pollutants at concentrations of concern or, in certain State-
specific cases, to satisfy those States' requirements. The data
submitted with the group permit applications were reviewed by EPA to
determine the industry sectors and subsectors listed in Table 1 of this
fact sheet that are to be subject to analytical monitoring
requirements. First, EPA divided the Part 1 and Part 2 application data
by the industry sectors listed in Table 1. Where a sector was found to
contain a wide range of industrial activities or potential pollutant
sources, it was further subdivided into the industry subsectors listed
in Table 1. Next, EPA reviewed the information submitted in Part 1 of
the group applications regarding the industrial activities, significant
materials exposed to storm water, and the material management measures
employed. This information helped identify potential pollutants that
may be present in the storm water discharges. Then EPA entered into a
database the sampling data submitted in Part 2 of the group
applications. Those data were arrayed according to industrial sector
and subsector for the purposes of determining when analytical
monitoring would be appropriate.
To conduct a comparison of the results of the statistical analyses
to determine when analytical monitoring would be required, EPA
established ``benchmark'' concentrations for the pollutant parameters
on which monitoring results had been received. The ``benchmarks'' are
the pollutant concentrations above which EPA determined represent a
level of concern. The level of concern is a concentration at which a
storm water discharge could potentially impair, or contribute to
impairing, water quality or affect human health from ingestion of water
or fish. The benchmarks are also viewed by EPA as a level that, if
below, a facility presents little potential for water quality concern.
As such, the benchmarks also
[[Page 64767]]
provide an appropriate level to determine whether a facility's storm
water pollution prevention measures are successfully implemented. The
benchmark concentrations are not effluent limitations and should not be
interpreted or adopted as such. These values are merely levels which
EPA has used to determine if a storm water discharge from any given
facility merits further monitoring to ensure that the facility has been
successful in implementing a SWPPP. As such, these levels represent a
target concentration for a facility to achieve through implementation
of pollution prevention measures at the facility. Table 3 lists the
parameter benchmark values and the sources used for the benchmarks. Two
changes from the 1995 MSGP are the addition of benchmark values for
total Cyanide and Total Magnesium. Benchmark values for the two
parameters were included in the Fact Sheet of the 1995 MSGP at Table K-
3, but were inadvertently not included in the general listing of
parameter benchmark values (Table 5 of the Fact Sheet for the 1995
MSGP). Additional information explaining the derivation of the
benchmarks can be found in the fact sheet for the 1995 MSGP (60 FR
50825).
Table 3.--Parameter Benchmark Values
------------------------------------------------------------------------
Parameter name Benchmark level Source
------------------------------------------------------------------------
Biochemical Oxygen Demand (5 day).... 30 mg/L.............. 4
Chemical Oxygen Demand............... 120 mg/L............. 5
Total Suspended Solids............... 100 mg/L............. 7
Oil and Grease....................... 15 mg/L.............. 8
Nitrate + Nitrite Nitrogen........... 0.68 mg/L............ 7
Total Phosphorus..................... 2.0 mg/L............. 6
pH................................... 6.0-9.0 s.u.......... 4
Acrylonitrile (c).................... 7.55 mg/L............ 2
Aluminum, Total (pH 6.5-9)........... 0.75 mg/L............ 1
Ammonia.............................. 19 mg/L.............. 1
Antimony, Total...................... 0.636 mg/L........... 9
Arsenic, Total (c)................... 0.16854 mg/L......... 9
Benzene.............................. 0.01 mg/L............ 10
Beryllium, Total (c)................. 0.13 mg/L............ 2
Butylbenzyl Phthalate................ 3 mg/L............... 3
Cadmium, Total (H)................... 0.0159 mg/L.......... 9
Chloride............................. 860 mg/L............. 1
Copper, Total (H).................... 0.0636 mg/L.......... 9
Cyanide, Total....................... 0.0636 mg/l.......... 9
Dimethyl Phthalate................... 1.0 mg/L............. 11
Ethylbenzene......................... 3.1 mg/L............. 3
Fluoranthene......................... 0.042 mg/L........... 3
Fluoride............................. 1.8 mg/L............. 6
Iron, Total.......................... 1.0 mg/L............. 12
Lead, Total (H)...................... 0.0816 mg/L.......... 1
Magnesium, Total..................... 0.0636 mg/l.......... 9
Manganese............................ 1.0 mg/L............. 13
Mercury, Total....................... 0.0024 mg/L.......... 1
Nickel, Total (H).................... 1.417 mg/L........... 1
PCB-1016 (c)......................... 0.000127 mg/L........ 9
PCB-1221 (c)......................... 0.10 mg/L............ 10
PCB-1232 (c)......................... 0.000318 mg/L........ 9
PCB-1242 (c)......................... 0.00020 mg/L......... 10
PCB-1248 (c)......................... 0.002544 mg/L........ 9
PCB-1254 (c)......................... 0.10 mg/L............ 10
PCB-1260 (c)......................... 0.000477 mg/L........ 9
Phenols, Total....................... 1.0 mg/L............. 11
Pyrene (PAH,c)....................... 0.01 mg/L............ 10
Selenium, Total (*).................. 0.2385 mg/L.......... 9
Silver, Total (H).................... 0.0318 mg/L.......... 9
Toluene.............................. 10.0 mg/L............ 3
Trichloroethylene (c)................ 0.0027 mg/L.......... 3
Zinc, Total (H)...................... 0.117 mg/L........... 1
------------------------------------------------------------------------
Sources:
1. ``EPA Recommended Ambient Water Quality Criteria.'' Acute Aquatic
Life Freshwater.
2. ``EPA Recommended Ambient Water Quality Criteria.'' LOEL Acute
Freshwater.
3. ``EPA Recommended Ambient Water Quality Criteria.'' Human Health
Criteria for Consumption of Water and Organisms.
4. Secondary Treatment Regulations (40 CFR 133).
5. Factor of 4 times BOD5 concentration--North Carolina benchmark.
6. North Carolina storm water benchmark derived from NC Water Quality
Standards.
7. National Urban Runoff Program (NURP) median concentration.
8. Median concentration of Storm Water Effluent Limitation Guideline
(40 CFR Part 419).
9. Minimum Level (ML) based upon highest Method Detection Limit (MDL)
times a factor of 3.18.
10. Laboratory derived Minimum Level (ML).
11. Discharge limitations and compliance data.
12. ``EPA Recommended Ambient Water Quality Criteria.'' Chronic Aquatic
Life Freshwater.
13. Colorado--Chronic Aquatic Life Freshwater--Water Quality Criteria.
Notes:
(*) Limit established for oil and gas exploration and production
facilities only.
(c) carcinogen.
[[Page 64768]]
(H) hardness dependent.
(PAH) Polynuclear Aromatic Hydrocarbon.
Assumptions:
Receiving water temperature -20 C.
Receiving water pH -7.8.
Receiving water hardness CaCO3 100 mg/L.
Receiving water salinity 20 g/kg
Acute to Chronic Ratio (ACR) -10.
EPA prepared a statistical analysis of the sampling data for each
pollutant parameter reported within each sector or subsector. (Only
where EPA did not subdivide an industry sector into subsectors was an
analysis of the entire sector's data performed.) The statistical
analysis was performed assuming a delta log normal distribution of the
sampling data within each sector/subsector. The analyses calculated
median, mean, maximum, minimum, 95th, and 99th percentile
concentrations for each parameter. The results of the analyses can be
found in the appropriate section of Section VIII of the fact sheet
accompanying the 1995 MSGP. From this analysis, EPA was able to
identify pollutants for further evaluation within each sector or
subsector.
EPA next compared the median concentration of each pollutant for
each sector or subsector to the benchmark concentrations listed in
Table 3. EPA also compared the other statistical results to the
benchmarks to better ascertain the magnitude and range of the discharge
concentrations to help identify the pollutants of concern. EPA did not
conduct this analysis if a sector had data for a pollutant from less
than three individual facilities. Under these circumstances, the sector
or subsector would not have this pollutant identified as a pollutant of
concern. This was done to ensure that a reasonable number of facilities
represented the industry sector or subsector as a whole and that the
analysis did not rely on data from only one facility.
For each industry sector or subsector, parameters with a median
concentration higher than the benchmark level were considered
pollutants of concern for the industry and identified as potential
pollutants for analytical monitoring under today's permit. EPA then
analyzed the list of potential pollutants to be monitored against the
lists of significant materials exposed and industrial activities which
occur within each industry sector or subsector as described in the Part
I application information. Where EPA could identify a source of a
potential pollutant which is directly related to industrial activities
of the industry sector or subsector, the permit identifies that
parameter for analytical monitoring. If EPA could not identify a source
of a potential pollutant which was associated with the sector/
subsector's industrial activity, the permit does not require monitoring
for the pollutant in that sector/subsector. Industries with no
pollutants for which the median concentrations are higher than the
benchmark levels are not required to perform analytical monitoring
under this permit, with the exceptions explained below.
In addition to the sectors and subsectors identified for analytical
monitoring using the methods described above, EPA determined, based
upon a review of the degree of exposure, types of materials exposed,
special studies and in some cases inadequate sampling data in the group
applications, that the following industries also warrant analytical
monitoring notwithstanding the absence of data on the presence or
absence of certain pollutants in the group applications: Sector K
(hazardous waste treatment storage and disposal facilities), and Sector
S (airports which use more than 100,000 gallons per year of glycol-
based fluids or 100 tons of urea for deicing). Today's final MSGP
retains the monitoring requirements of the 1995 MSGP due to the high
potential for contamination of storm water discharge which EPA believes
was not adequately characterized by group applicants in the information
they provided in the group application process. Like the 1995 MSGP,
exemptions for today's MSGP would be on a pollutant-by-pollutant and
outfall-by-outfall basis.
As part of the reissuance process for today's MSGP, EPA evaluated
Discharge Monitoring Reports (DMRs) submitted by facilities for
analytical monitoring conducted during the second and fourth year of
the 1995 MSGP. The purpose of the evaluation was to evaluate any trends
in the monitoring results. One factor common to almost all industrial
sectors, however, was that the number of DMRs submitted for the year-
four monitoring period far exceeded the number of DMRs submitted for
the year-two monitoring period. For the second-year monitoring period,
EPA received 380 DMRs, whereas 1377 DMRs were received for the fourth-
year monitoring period. For example, the number of Sector M (Auto
Salvage Yards) facilities that submitted monitoring results for total
suspended solids from the second year monitoring period was roughly 26;
the number of DMRs submitted for the fourth year monitoring for the
same industrial sector and parameter was 240. As a result, EPA could
not conduct the trends analysis it intended to perform.
While the exact reason for the significant increase in the number
of DMRs received in year 4 of the permit (as compared to year 2) is
unknown, EPA suspects it is related to the administrative extension of
EPA's 1992 baseline general permit. Although the 1992 general permit
expired in September 1997, the permit was administratively extended. It
was not until December 28, 1998 that facilities previously covered
under EPA's baseline industrial permit were required to obtain coverage
under the MSGP. As a result, facilities previously covered under the
baseline industrial permit were not required to conduct analytical
monitoring (as required in the second year of the 1995 MSGP). In
essence, the fourth-year monitoring data set EPA received represents
the baseline of pollutant discharge information under the sector-
specific industrial general storm water permit.
Based on the information received during the public comment period
and the DMRs received, EPA believes it is premature to make any final
conclusions regarding the value of the Agency's acquisition of the
monitoring data or to consider dropping the monitoring. EPA is
retaining quarterly analytic monitoring requirements for storm water
discharges as per the 1995 MSGP for all sectors previously identified.
Comparison of pollutant levels against benchmark levels is still
regarded as one of the important tools operators must use to evaluate
their facilities' storm water pollution prevention plans (SWPPPs) and
best management practices (BMPs). Facilities' discharge monitoring
reports (DMRs) are also vital to the Agency for use in characterizing
an industrial sector's discharges. EPA has not, and does not, intend
for pollutant levels above the benchmark values to mean a facility is
out of compliance with the MSGP-2000.
While today's permit retains the analytical monitoring requirements
of the 1995 MSGP, the Agency continues to support the position that any
analytical monitoring program required
[[Page 64769]]
under the MSGP needs to be structured so that it provides useful
information to facility operators, EPA and the general public on the
effectiveness of Storm Water Pollution Prevention Plans. EPA commits to
using data from the 1995 and 2000 permits to evaluate the effectiveness
of management practices on an industry sector basis and to evaluate the
need for changes in monitoring protocols for the next permit. The
Agency will work with program stakeholders in conducting the evaluation
and may seek to implement certain changes possibly on a pilot basis.
Like the 1995 MSGP, today's MSGP requires that all facilities, save
for Sector G, within an industry sector or subsector identified for
analytical monitoring must, at a minimum, monitor their storm water
discharges quarterly during the second year of permit coverage, unless
the facility exercises the Alternative Certification described in
Section VI.E.3 of this fact sheet. At the end of the second year of
coverage under the current permit, a facility is required to calculate
the average concentration for each parameter for which the facility is
required to monitor. If the average concentration for a pollutant
parameter is less than or equal to the benchmark value, then the
permittee is not required to conduct analytical monitoring for that
pollutant during the fourth year of the permit. If, however, the
average concentration for a pollutant is greater than the benchmark
value, then the permittee is required to conduct quarterly monitoring
for that pollutant during the fourth year of permit coverage.
Analytical monitoring is not required during the first, third, and
fifth year of the permit. When average concentrations exceed benchmark
levels, facilities are encouraged to conduct more monitoring if
appropriate to identify additional management practices which may be
necessary to include in their SWPPP. The exclusion from analytical
monitoring in the fourth year of the permit was conditional on the
facility maintaining industrial operations and BMPs that will ensure a
quality of storm water discharges consistent with the average
concentrations recorded during the second year of the permit. For
purposes of the above monitoring, year 2 runs from October 1, 2001 to
September 30, 2002; year 4 runs from October 1, 2003 to September 30,
2004.
EPA acknowledges that, considering the small number of samples
required per monitoring year (four), and the vagaries of storm water
discharges, it may be difficult to determine or confirm the existence
of a discharge problem as a commenter claimed. When viewed as an
indicator, analytic levels considerably above benchmark values can
serve as a flag to the operator that his SWPPP needs to be reevaluated
and that pollutant loads may need to be reduced. Conversely, analytic
levels below or near benchmarks can confirm to the operator that his
SWPPP is doing its intended job. EPA believes there is presently no
alternative that provides stakeholders with an equivalent indicator of
program effectiveness.
Commenters also had concerns that only four samples and variability
in conditions severely reduce the utility of monitoring results for
judging BMP effectiveness. While not practicable for EPA to require an
increase in monitoring, operators are encouraged to sample more
frequently to improve the statistical validity of their results. Unless
the proper data acquisition protocol for making a valid BMP
effectiveness determination is rigorously followed, any other method
used to assess BMP effectiveness would be qualitative, and therefore
less reliable. The least subjective approach, and most beneficial to
operators and stakeholders, EPA believes, remains a combination of
visual and analytic monitoring, using analyte benchmark levels to
target potential problems. Statistical uncertainties inherent in the
monitoring results will necessitate both operators and EPA exercising
best professional judgement in interpreting the results. As stated
above, when viewed as an indicator, analytic levels considerably above
benchmark values can serve as a flag to the operator that his SWPPP
needs to be reevaluated and that pollutant loads may need to be
reduced. Conversely, analytic levels below or near benchmarks can
confirm to the operator that his SWPPP is doing its intended job.
Commenters had additional concerns regarding impacts of storm water
on water quality standards and that monitoring has marginal value in
assessing and protecting water quality. In the absence of establishing
discharge pollutant levels that correlate directly to water quality
standards, as would be done for an individual permit, EPA settled on
benchmark levels which would, under nearly all scenarios, be protective
of water quality standards. Recognizing the shortcomings of these
generic pollutant levels, EPA only intends for them to be used as
indicators of possible problems and as a flag to reevaluate the SWPPP
and possibly the operation of the facility--not as a trigger to begin
mandatory SWPPP or operational revisions (unless, after employing BPJ,
the operator deems such revisions are necessary).
Monitoring results also serve as an oversight tool for EPA to
prioritize sites which may benefit from a site inspection. A
requirement to submit test results serves as an incentive for the
facility operator to perform the monitoring and take any necessary
action based on the results.
Some commenters felt the validity of benchmark values need to be
reevaluated. Universal WQ-based discharge levels for storm water cannot
be established; the next best thing would be to determine water
segment-specific total maximum daily loads (TMDLs) for these
discharges. But when benchmarks are employed merely as indicators,
without requiring specific corrective actions beyond using best
professional judgement to reassess present conditions and make any
changes deemed necessary, the present benchmarks are adequate. In many
cases operators can, upon receipt of analytic monitoring results above
benchmarks, still conclude their present SWPPPs/BMPs are adequately
protective of water quality, or that other situations such as
discharging to low-quality, ephemeral streams may obviate the need for
SWPPP/BMP revisions.
The fact that storm water discharge pollutant levels could be
affected by atmospheric/dry deposition, run on and fate in transport,
as well as structural sources, was a concern of a few commenters. EPA
acknowledges the potential for adding pollutants to a facility's
discharges from external or structural sources. Permittees are,
nonetheless, still legally responsible for the quality of all
discharges from their sites (or any runoff that comes into contact with
their structures, industrial activities or materials, regardless of
where these are located)--but not from pollutants that may be
introduced into their discharges outside the boundaries of their
properties. Pollutant levels, whether elevated from air deposition,
run-on from nearby sites, or leachate from on-site structures, remain
the responsibility of permittees. This was affirmed in the ruling by
the Environmental Appeals Board against the General Motors Corporation
CPC-Pontiac Fiero Plant in December 1997.
a. Other Monitoring Options: There were various comments for and
against various alternatives to quarterly analytic monitoring
submitted. The other non-analytic monitoring options are summarized in
the following paragraphs, along with EPA responses.
b. Visual Monitoring: Numerous commenters supported dropping
analytic monitoring from the MSGP-
[[Page 64770]]
2000 in favor of just requiring quarterly visual monitoring. Commenters
claimed visual monitoring is adequate to ensure compliance and
environmental protection (especially coupled with training), and is
least burdensome.
Quarterly visual monitoring of storm water discharges has always
been a permit requirement, for many of the same reasons why commenters
favor it, and will continue to be so. EPA will also be retaining
analytic monitoring because we believe the best way to ensure SWPPP
effectiveness and protection of water quality is through a combination
of visual and analytic monitoring. The reasons for not adopting visual
monitoring only are explained further in the rationale for justifying
quarterly analytic monitoring.
c. Annual Reporting: One option suggested by commenters was for an
annual report, possibly using a standardized form, to be submitted to
EPA detailing the permittee's SWPPP highlights and revisions/additions,
inspections, compliance evaluations, visual monitoring results, etc.
This information is already required to be documented in a facility's
SWPPP, which, if deemed necessary, must be provided to EPA on demand.
One comment against this option stated that the volume of data
submitted would be too great for the Agency to evaluate. Other
opponents to this option indicated that the reports would not contain
enough information to evaluate SWPPP effectiveness, ensure water
quality protection, or provide the information necessary to make long-
term management plans. Commenters in support of the annual report
concept held that it would provide a record of the permittee's
commitment to storm water control, was better for evaluating SWPPP
effectiveness, and would provide information to EPA to determine if
sampling or a site inspection is needed.
If no monitoring data were available, an annual report could be
used to ensure that a facility is implementing its SWPPP. The reports
could also be used to prioritize sites for inspection. However, EPA
agrees that it would be very burdensome to review all the reports and
very difficult to assess the effectiveness of a facility's SWPPP based
on that review alone. The subjectivity inherent in annual reporting
makes it a undesirable substitute for analytic monitoring. Documenting
the kind of information in the annual report is already a SWPPP
requirement, and is therefore available to operators for assessing and
improving their storm water programs. For these reasons, EPA will not
require reports containing essentially the same information required in
SWPPPs to be submitted in lieu of analytic monitoring.
d. Group Monitoring: Commenters also suggested group monitoring. In
this option a consortium of like permittees would do sampling at one
facility, possibly on a rotating basis. The sample results would
represent all the facilities in the consortium. A variation of group
monitoring is for the consortium to retain a consultant to do
representative sampling and provide storm water program guidance and
evaluations. Supporters of this concept said it may allow for
comparisons of effectiveness of different SWPPP practices (e.g.,
sweeping vs. catchment basin for solids control). One commenter pointed
out that the feasibility of the group concept is suspect due to the
fact that individual facilities may have different topography, soil and
other natural conditions. EPA believes that technically valid BMP
comparisons could be done under this type of program. However, it would
be difficult and very resource-intensive for EPA to establish criteria
for group eligibility and then monitor to ensure that groups met these
criteria.
e. Watershed Monitoring: This option involves replacing the
monitoring of discrete storm water discharges with ambient receiving
water monitoring on a watershed basis. Watershed monitoring is
invaluable to making real conclusions regarding storm water impacts of
water quality, and will be employed in making total maximum daily load
(TMDL). However, watershed monitoring cannot replace facility-specific
storm water discharge monitoring to determine the loads contributed by
the facilities and to evaluate the effectiveness of the SWPPP.
f. Monitoring Only in Impaired Waters: Several commenters supported
requiring monitoring only in impaired water bodies and for pollutants
that cause the impairment. Although this option would focus attention
on the problem water bodies and possible pollutant sources, EPA and a
commenter point out that not all impaired water bodies and their
impairments have been determined. The goal of EPA's storm water program
is also to protect and maintain water quality, not just remediate
impaired waters, so focusing on impaired waters only does not fulfill
all the program's responsibilities.
2. Compliance Monitoring
Today's final MSGP retains the same compliance monitoring
requirements as the 1995 MSGP, and also includes compliance monitoring
requirements for certain storm water discharges from new and existing
hazardous and non-hazardous landfills. As noted earlier, EPA has
recently finalized effluent limitations guidelines for these landfills
(65 FR 3007, January 19, 2000) and the compliance monitoring is
required to ensure compliance with the guidelines. These discharges
must generally be sampled annually (in some cases quarterly) and tested
for the parameters which are limited by the permit. Discharges subject
to compliance monitoring include (in addition to the landfills
discharges): coal pile runoff, contaminated runoff from phosphate
fertilizer manufacturing facilities, runoff from asphalt paving and
roofing emulsion production areas, material storage pile runoff from
cement manufacturing facilities, and mine dewatering discharges from
crushed stone, construction sand and gravel, and industrial sand mines
located in EPA Regions 1, 2, 3, 6, 8, 9, 10. All samples are to be
grabs taken within the first 30 minutes of discharge where practicable,
but in no case later than the first hour of discharge. Where
practicable, the samples shall be taken from the discharges subject to
the numeric effluent limitations prior to mixing with other discharges.
Monitoring for these discharges is required to determine compliance
with numeric effluent limitations. Discharges covered under today's
final MSGP which are subject to numeric effluent limitations are not
eligible for the alternative certification described in Section VI.E.3
of this fact sheet.
Where a State or Tribe has imposed a numeric effluent limitation as
a condition for certification under CWA Sec. 401, a default minimum
monitoring frequency of once per year has been included in the final
permit. This default monitoring frequency would only apply if a State
failed to provided a monitoring frequency along with their conditional
Sec. 401 certification.
3. Alternate Certification
Today's final MSGP retains the provision in the 1995 MSGP for an
alternative certification in lieu of analytical monitoring. The MSGP
includes monitoring requirements for facilities which the Agency
believes have the potential for contributing significant levels of
pollutants to storm water discharges. The alternative certification
described below is included in the permit to ensure that monitoring
requirements are only imposed on those facilities which do, in fact,
have storm water discharges containing pollutants at concentrations of
concern. EPA has determined that if there are no sources of a pollutant
[[Page 64771]]
exposed to storm water at the site then the potential for that
pollutant to contaminate storm water discharges does not warrant
monitoring.
A discharger is not subject to the analytical monitoring
requirements provided the discharger makes a certification for a given
outfall, on a pollutant-by-pollutant basis, that material handling
equipment or activities, raw materials, intermediate products, final
products, waste materials, by-products, industrial machinery or
operations, significant materials from past industrial activity that
are located in areas of the facility that are within the drainage area
of the outfall are not presently exposed to storm water and will not be
exposed to storm water for the certification period. Such certification
must be retained in the SWPPP, and submitted to EPA in lieu of
monitoring reports required under Part 7 of the permit. The permittee
is required to complete any and all sampling until the exposure is
eliminated. If the facility is reporting for a partial year, the
permittee must specify the date exposure was eliminated. If the
permittee is certifying that a pollutant was present for part of the
reporting period, nothing relieves the permittee from the
responsibility to sample that parameter up until the exposure was
eliminated and it was determined that no significant materials
remained. This certification is not to be confused with the low
concentration sampling waiver. The test for the application of this
certification is whether the pollutant is exposed, or can be expected
to be present in the storm water discharge. If the facility does not
and has not used a parameter, or if exposure is eliminated and no
significant materials remain, then the facility can exercise this
certification.
As noted above, the MSGP does not allow facilities with discharges
subject to numeric effluent limitations guidelines to submit
alternative certification in lieu of compliance monitoring
requirements. The permit also does not allow air transportation
facilities or hard rock mines subject to the analytical monitoring
requirements in Part 6 of the final MSGP to exercise an alternative
certification.
A facility is not precluded from exercising the alternative
certification in lieu of analytical monitoring requirements in the
second or fourth year of the reissued MSGP, even if that facility has
failed to qualify for a low concentration waiver thus far. EPA
encourages facilities to eliminate exposure of industrial activities
and significant materials where practicable.
4. Reporting and Retention Requirements
Like the 1995 MSGP, today's final MSGP requires that permittees
submit all analytical monitoring results obtained during the second and
fourth year of permit coverage. As noted earlier, year 2 runs from
October 1, 2001 to September 30, 2002; year 4 runs from October 1, 2003
to September 30, 2004. Monitoring results must be submitted by January
28, 2003 for year 2 monitoring and January 28, 2005 for year 4
monitoring.
For each outfall, one Discharge Monitoring Report (DMR) form must
be submitted per storm event sampled. For facilities conducting
monitoring beyond the minimum requirements, an additional DMR form must
be filed for each analysis. The permittee must include a measurement or
estimate of the total precipitation, volume of runoff, and peak flow
rate of runoff for each storm event sampled. Permittees subject to
compliance monitoring requirements are required to submit all
compliance monitoring results annually by October 28 following each
annual sampling period (which run from October 1 of each year to
September 30 of the following year). Compliance monitoring results must
be submitted on signed DMR forms. For each outfall, one DMR form must
be submitted for each storm event sampled.
Permittees are not required to submit records of the visual
examinations of storm water discharges unless specifically asked to do
so by the Director. Records of the visual examinations must be
maintained at the facility. Records of visual examination of storm
water discharge need not be lengthy. Permittees may prepare typed or
hand written reports using forms or tables which they may develop for
their facility. The report need only document: the date and time of the
examination; the name of the individual making the examination; and any
observations of color, odor, clarity, floating solids, suspended
solids, foam, oil sheen, and other obvious indicators of storm water
pollution.
The address for submission of DMR forms for today's final MSGP is
as follows: MSGP DMR (4203), U.S. EPA, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460.
Under the 1995 MSGP, DMRs had been sent to the EPA Regional
Offices. However, to facilitate review of all DMRs from facilities
operating under the MSGP, the final MSGP requires that they be sent to
the one location specified above.
Today's final MSGP also retains the requirement in the 1995 MSGP
that permittees submit signed copies of DMRs to the operator of a large
or medium MS4 (those which serve a population of 100,000 or more), if
there are discharges of storm water associated with industrial activity
through the MS4.
The location for submission of all reports (other than DMRs) for
today's final MSGP remains the EPA Regional Offices as found in Part
8.3 of the final permit. Consistent with Office of Management and
Budget Circular A-105, facilities located on the following Federal
Indian Reservations, which cross EPA Regional boundaries, should note
that permitting authority for such lands is consolidated in one single
EPA Region.
a. Duck Valley Reservations lands, located in Regions 9 and 10, are
handled by Region 9.
b. Fort McDermitt Reservation lands, located in Regions 9 and 10,
are handled by Region 9.
c. Goshute Reservation lands, located in Regions 8 and 9, are
handled by Region 9.
d. Navajo Reservation lands, located in Regions 6, 8, and 9, are
handled by Region 9.
e. Ute Mountain Reservation lands, located in Regions 6 and 8, are
handled Region 8.
Pursuant to the requirements of 40 CFR 122.41(j), today's MSGP
(like the 1995 MSGP) requires permittees to retain all records for a
minimum of three years from the date of the sampling, examination, or
other activity that generated the data.
5. Sample Type
Today's final MSGP retains the same requirements regarding the type
of sampling as the 1995 MSGP. A general description is provided below.
Certain industries have different requirements. Permittees should check
the industry-specific requirements in Part 6 of the final permit to
confirm these requirements. Grab samples may be used for all monitoring
unless otherwise stated. All such samples shall be collected from the
discharge resulting from a storm event that is greater than 0.1 inches
in magnitude and that occurs at least 72 hours from the previously
measurable (greater than 0.1 inch rainfall) storm event. The required
72-hour storm event interval may be waived by the permittee where the
preceding measurable storm event did not result in a measurable
discharge from the facility. The 72-hour requirement may also be waived
by the permittee where the permittee
[[Page 64772]]
documents that less than a 72-hour interval is representative for local
storm events during the season when sampling is being conducted. The
grab sample must be taken during the first 30 minutes of the discharge.
If the collection of a grab sample during the first 30 minutes is
impracticable, a grab sample can be taken during the first hour of the
discharge, and the discharger must submit with the monitoring report a
description of why a grab sample during the first 30 minutes was
impracticable. A minimum of one grab is required. Where the discharge
to be sampled contains both storm water and non-storm water, the
facility shall sample the storm water component of the discharge at a
point upstream of the location where the non-storm water mixes with the
storm water, if practicable.
6. Representative Discharge
Today's MSGP retains the same provision as the 1995 MSGP regarding
substantially identical outfalls which allows a facility to reduce its
overall monitoring burden. This representative discharge provision
provides facilities with multiple storm water outfalls, a means for
reducing the number of outfalls that must be sampled and analyzed. This
may result in a substantial reduction of the resources required for a
facility to comply with analytical monitoring requirements. When a
facility has two or more outfalls that, based on a consideration of
industrial activity, significant materials, and management practices
and activities within the area drained by the outfall, the permittee
reasonably believes discharge substantially identical effluents, the
permittee may test the effluent of one such outfall and report that the
quantitative data also apply to the substantially identical outfalls
provided that the permittee includes in the SWPPP a description of the
location of the outfalls and detailed explanation why the outfalls are
expected to discharge substantially identical effluent. In addition,
for each outfall that the permittee believes is representative, an
estimate of the size of the drainage area (in square feet) and an
estimate of the runoff coefficient of the drainage area (e.g., low
(under 40 percent), medium (40 to 65 percent) or high (above 65
percent)) shall be provided in the plan. Facilities that select and
sample a representative discharge are prohibited from changing the
selected discharge in future monitoring periods unless the selected
discharge ceases to be representative or is eliminated. Permittees do
not need EPA approval to claim discharges are representative, provided
they have documented their rationale within the SWPPP. However, the
Director may determine the discharges are not representative and
require sampling of all non-identical outfalls.
The representative discharge provision in the permit is available
to almost all facilities subject to the analytical monitoring
requirements (not including compliance monitoring for effluent
guideline limit compliance purposes) and to facilities subject to
visual examination requirements.
The representative discharge provisions described above are
consistent with Section 5.2 of NPDES Storm Water Sampling Guidance
Document (EPA 833-B-92-001, July 1992).
7. Sampling Waiver
Today's final MSGP retains the same provisions for sampling waivers
(as discussed below) which are found in the 1995 MSGP:
a. Adverse Weather Conditions. Today's final MSGP allows for
temporary waivers from sampling based on adverse climatic conditions.
This temporary sampling waiver is only intended to apply to
insurmountable weather conditions such as drought or dangerous
conditions such as lightning, flash flooding, or hurricanes. These
events tend to be isolated incidents and should not be used as an
excuse for not conducting sampling under more favorable conditions
associated with other storm events. The sampling waiver is not intended
to apply to difficult logistical conditions, such as remote facilities
with few employees or discharge locations which are difficult to
access. When a discharger is unable to collect samples within a
specified sampling period due to adverse climatic conditions, the
discharger shall collect a substitute sample from a separate qualifying
event in the next sampling period as well as a sample for the routine
monitoring required in that period. Both samples should be analyzed
separately and the results of that analysis submitted to EPA.
Permittees are not required to obtain advance approval for sampling
waivers.
b. Unstaffed and Inactive Sites--Chemical Sampling Waiver. Today's
final MSGP allows for a waiver from sampling for facilities that are
both inactive and unstaffed. This waiver is only intended to apply to
these facilities where lack of personnel and locational impediments
hinder the ability to conduct sampling (i.e., the ability to meet the
time and representative rainfall sampling specifications). This waiver
is not intended to apply to remote facilities that are active and
staffed, or to facilities with just difficult logistical conditions.
When a discharger is unable to collect samples as specified in this
permit, the discharger shall certify to the Director in the DMR that
the facility is unstaffed and inactive and the ability to conduct
samples within the specifications is not possible. Permittees are not
required to obtain advance approval for this waiver.
c. Unstaffed and Inactive Sites--Visual Monitoring Waiver. Today's
final MSGP allows for a waiver from sampling for facilities that are
both inactive and unstaffed. This waiver is only intended to apply to
these facilities where lack of personnel and locational impediments
hinder the ability to conduct visual examinations (i.e., the ability to
meet the time and representative rainfall sampling specifications).
This monitoring waiver is not intended to apply to remote facilities
that are active and staffed, or to facilities with just difficult
logistical conditions. When a discharger is unable to perform visual
examinations as specified in this permit, the discharger shall maintain
on site with the pollution prevention plan a certification stating that
the facility is unstaffed and inactive and the ability to perform
visual examinations within the specifications is not possible.
Permittees are not required to obtain advance approval for visual
examination waivers.
8. Quarterly Visual Examination of Storm Water Quality
Today's final MSGP retains the requirements of the 1995 MSGP for
quarterly visual examinations of storm water discharges which EPA
continues to believe provide a useful and inexpensive means for
permittees to evaluate the effectiveness of their SWPPPs (with
immediate feedback) and make any necessary modifications to address the
results of the visual examinations. All sectors of today's final MSGP
are required to conduct these examinations. In the 1995 MSGP all
sectors except Sector S (which covers air transportation) were required
to conduct the examinations.
Basically, the MSGP requires that grab samples of storm water
discharges be taken and examined visually for the presence of color,
odor, clarity, floating solids, settled solids, suspended solids, foam,
oil sheen or other obvious indicators of storm water pollution. The
grab samples must be taken within the first 30 minutes after storm
water discharges begin, or as soon as practicable, but not longer than
1 hour after discharges begin. The sampling must be conducted quarterly
during the
[[Page 64773]]
following time periods: January-March, April-June, July-September and
October-December of each year. The reports summarizing these quarterly
visual storm water examinations must be maintained on-site with the
SWPPP.
The examination of the sample must be made in well lit areas. The
visual examination is not required if there is insufficient rainfall or
snow-melt to run off or if hazardous conditions prevent sampling.
Whenever practicable the same individual should carry out the
collection and examination of discharges throughout the life of the
permit to ensure the greatest degree of consistency possible in
recording observations.
When conducting a storm water visual examination, the pollution
prevention team, or team member, should attempt to relate the results
of the examination to potential sources of storm water contamination on
the site. For example, if the visual examination reveals an oil sheen,
the facility personnel (preferably members of the pollution prevention
team) should conduct an inspection of the area of the site draining to
the examined discharge to look for obvious sources of spilled oil,
leaks, etc. If a source can be located, then this information allows
the facility operator to immediately conduct a clean-up of the
pollutant source, and/or to design a change to the SWPPP to eliminate
or minimize the contaminant source from occurring in the future.
Other examples include: if the visual examination results in an
observation of floating solids, the personnel should carefully examine
the solids to see if they are raw materials, waste materials or other
known products stored or used at the site. If an unusual color or odor
is sensed, the personnel should attempt to compare the color or odor to
the colors or odors of known chemicals and other materials used at the
facility. If the examination reveals a large amount of settled solids,
the personnel may check for unpaved, unstabilized areas or areas of
erosion. If the examination results in a cloudy sample that is very
slow to settle out, the personnel should evaluate the site draining to
the discharge point for fine particulate material, such as dust, ash,
or other pulverized, ground, or powdered chemicals.
To be most effective, the personnel conducting the visual
examination should be fully knowledgeable about the SWPPP, the sources
of contaminants on the site, the industrial activities conducted
exposed to storm water and the day to day operations that may cause
unexpected pollutant releases.
If the visual examination results in a clean and clear sample of
the storm water discharge, this may indicate that no pollutants are
present. This would be an indication of a high quality result. However,
the visual examination will not provide information about dissolved
contamination. If the facility is in a sector or subsector required to
conduct analytical (chemical) monitoring, the results of the chemical
monitoring, if conducted on the same sample, would help to identify the
presence of any dissolved pollutants and the ultimate effectiveness of
the Storm Water Pollution Prevention Plan. If the facility is not
required to conduct analytical monitoring, it may do so if it chooses
to confirm the cleanliness of the sample.
While conducting the visual examinations, personnel should
constantly be attempting to relate any contamination that is observed
in the samples to the sources of pollutants on site. When contamination
is observed, the personnel should be evaluating whether or not
additional BMPs should be implemented in the SWPPP to address the
observed contaminant and, if BMPs have already been implemented,
evaluating whether or not these are working correctly or need
maintenance. Permittees may also conduct more frequent visual
examinations than the minimum quarterly requirement, if they so choose.
By doing so, they may improve their ability to ascertain the
effectiveness of their plan. Using this guidance, and employing a
strong knowledge of the facility operations, EPA believes that
permittees should be able to maximize the effectiveness of their storm
water pollution prevention efforts through conducting visual
examinations which give direct, frequent feedback to the facility
operator or pollution prevention team on the quality of the storm water
discharge.
EPA believes that this quick and simple assessment will help the
permittee to determine the effectiveness of his/her plan on a regular
basis at very little cost. Although the visual examination cannot
assess the chemical properties of the storm water discharged from the
site, the examination will provide meaningful results upon which the
facility may act quickly. EPA recommends that the visual examination be
conducted at different times than the chemical monitoring, but is not
requiring this. In addition, more frequent visual examinations can be
conducted if the permittee so chooses. In this way, better assessments
of the effectiveness of the Storm Water Pollution Prevention Plan can
be achieved. The frequency of this visual examination will also allow
for timely adjustments to be made to the plan. If BMPs are performing
ineffectively, corrective action must be implemented. A set of tracking
or followup procedures must be used to ensure that appropriate actions
are taken in response to the examinations. The visual examination is
intended to be performed by members of the pollution prevention team.
This hands-on examination will enhance the staff's understanding of the
site's storm water problems and the effects of the management practices
that are included in the plan.
F. Regional Offices
1. Notice of Intent Address
Notices of Intent to be authorized to discharge under the MSGP
should be sent to: Storm Water Notice of Intent (4203), USEPA, 401 M
Street, SW., Washington, DC 20460.
2. EPA Regional Office Addresses and Contacts
For further information, please call the appropriate EPA Regional
storm water contacts listed below:
ME, MA, NH, Indian country in CT, MA, ME, RI, and Federal
Facilities in VT
EPA Region 1, Office of Ecosystem Protection, JFK Federal Building
(CMU), Boston, MA 02203, Contact: Thelma Murphy (617) 918-1615.
PR
U.S. EPA, Region 2, Caribbean Environmental Protection Division,
Centro Europa Building, 1492 Ponce de Leon Avenue, Suite 417, San Juan,
Puerto Rico 00907-4127, Contact: Sergio Bosques (787) 729-6951.
DC and Federal Facilities in DE
EPA Region 3, Water Protection Division, (3WP13), Storm Water
Staff, 841 Chestnut Building, Philadelphia, PA 19107, Contact: Cheryl
Atkinson (215) 814-3392.
Indian country in FL
EPA Region 4, Water Management Division, Surface Water Permits
Section (SWPFB), 61 Forsyth Street, SW, Atlanta, GA 30303-3104,
Contact: Floyd Wellborn (404) 562-9296.
[[Page 64774]]
NM; Indian country in LA, OK, TX and NM (Except Navajo and Ute
Mountain Reservation Lands); oil and gas exploration and production
related industries, and pipeline operations in OK (which under State
law are regulated by the Oklahoma Corporation Commission and not the
Oklahoma Department of Environmental Quality); and oil and gas sites in
TX.
EPA Region 6, NPDES Permits Section (6WQ-PP), 1445 Ross Avenue,
Dallas, TX 75202-2733, Contact: Brent Larsen (214) 665-7523.
Federal facilities in the State of Colorado; Indian country in
CO, ND, SD, WY and UT (except Goshute and Navajo Reservation lands);
Ute Mountain Reservation lands in CO and NM ; and Pine Ridge
Reservation lands in SD and NE.
EPA Region 8, Ecosystems Pr.otection Program (8EPR-EP), 999 18th
Street, Suite 300, Denver, CO 80202-2466 Contact: Vern Berry (303) 312-
6234.
AZ, American Samoa, Commonwealth of Northern Mariana Islands,
Johnston Atoll, Guam, Midway Island and Wake Island; all Indian country
in AZ, CA, and NV; those portions of the Duck Valley, Fort McDermitt
and Goshute Reservations that are outside NV; those portions of the
Navajo Reservation that are outside AZ.
EPA Region 9, Water Management Division, (WTR-5), Storm Water
Staff, 75 Hawthorne Street, San Francisco, CA 94105, Contact: Eugene
Bromley (415) 744-1906.
ID; Indian country in AK, ID (except the Duck Valley
Reservation), OR (except the Fort McDermitt Reservation), and WA; and
Federal facilities in WA
EPA Region 10, Office of Water (OW-130), Storm Water Staff, 1200
Sixth Avenue, Seattle, WA 98101, Contact: Misha Vakoc (206) 553-6650
(toll-free in Region 10 states: 800-424-4372, extension 6650).
VII. Cost Estimates for Common Permit Requirements
Cost estimates for the MSGP were included with the final fact sheet
accompanying the issuance of the MSGP on September 29, 1995 and are not
being repeated here. However, additional costs for facilities seeking
coverage under the reissued MSGP should be minor since the new MSGP
includes few changes from the 1995 MSGP.
VIII. Special Requirements for Discharges Associated With Specific
Industrial Activities
Section VIII of the fact sheet accompanying the 1995 MSGP included
a detailed description of the industrial sectors covered by the permit,
sources of pollutants from the different types of industries, available
industry-specific BMPs, and a description of the industrial-specific
permit requirements. As noted previously, EPA is not repeating all this
information due to its considerable length. Table 1 in Section IV of
this fact sheet listed the industrial sectors and subsectors covered by
today's final MSGP. For today's MSGP, EPA reviewed the various sectors
and subsectors to determine whether additional BMP opportunities have
been identified subsequent to the issuance of the 1995 MSGP which would
be appropriate to include in the reissued MSGP.
To update the various sectors and subsectors, EPA reviewed a
variety of sources of information. As noted in Section VI.C of this
fact sheet, pollution prevention is the cornerstone of the NPDES storm
water permit program and, as such, EPA focused on new pollution
prevention opportunities in updating the sectors. EPA has several
ongoing programs directed toward identifying additional pollution
prevention opportunities for different industrial sectors. One example
is the ``sector notebooks'' which EPA's Office of Compliance has
published covering 28 different industries, including many of those
covered by the MSGP. EPA's Design for the Environment Program and
Common Sense Initiative are additional examples. States,
municipalities, industry trade associations and individual companies
have also been active in recent years in trying to identify additional
pollution prevention opportunities for different types of industries.
In reviewing the new information, however, EPA has identified only
a few sectors where there appear to be additional storm water BMPs
which would be appropriate for the reissued MSGP. For many industries,
while considerable work has been conducted to reduce the environmental
effects of these industries, little of the work has focused
specifically on storm water. Rather, the efforts have focused more in
areas such as manufacturing process changes to reduce hazardous waste
generation or to reduce pollutant discharges in process wastewater.
Where additional storm water BMPs have been identified and incorporated
into the reissued MSGP, these new requirements are discussed below by
sector. In some sectors, additional language clarifying the permit
requirements has been added and these changes are also discussed below.
A. Sectors C--Chemical and Allied Products Facilities
Industry-specific requirements for the manufacture of fertilizer
from leather scraps (SIC 2873) was moved from Sector Z (Leather Tanning
and Finishing) to Sector C. This change places the requirements for SIC
2873 in the same sector as other manufacturers of fertilizers.
B. Sector G--Metal Mining (Ore Dressing and Mining)
To clarify the applicability of the MSGP regarding construction
activity at metal mining sites and to make metal mining requirements
consistent with mineral mining provisions (Sector J), Sector G has been
modified to indicate that earth-disturbing activities occurring in the
``exploration and construction phase'' of a mining operation must be
covered under EPA's Construction General Permit (63 FR 7858, February
17, 1998) if the area disturbed is one acre or more. All mining
exploration/construction operations of less than one acre must be
covered under the MSGP-2000.
Today's MSGP also incorporates the MSGP modifications of August 7,
1998 (63 FR 42534) regarding storm water discharges from waste rock and
overburden piles. On October 10, 1995, the National Mining Association
challenged the interpretation set forth in Table G-4 of the 1995 MSGP
that runoff from waste rock and overburden piles would categorically be
considered mine drainage subject to effluent limitations guidelines
(ELGs) at 40 CFR Part 440. The litigation was settled on August 7, 1998
with a revised interpretation by EPA of the applicability of the ELGs
which is incorporated into today's MSGP. Under the revised
interpretation, runoff from waste rock and overburden piles is not
subject to ELGs unless it naturally drains (or is intentionally
diverted) to a point source and combines with ``mine drainage'' that is
otherwise subject to the ELGs.
The August 7, 1998 modification of the MSGP provided permit
coverage for storm water discharges from waste rock and overburden
piles which are not subject to ELGs. However, due to concerns regarding
potential pollutants in the discharges, additional monitoring
requirements were included in the permit to determine the pollutant
concentrations in the discharges. These monitoring requirements are
also
[[Page 64775]]
included in today's MSGP. The monitoring results which have been
submitted to EPA pursuant to these requirements were also considered in
determining the monitoring requirements for today's permit for this
sector.
Concerns were expressed by some commenters over the use of the term
``Numeric limitation'' in the headings in the tables in Sector G in the
proposed MSGP. However, since there are no actual numeric limitations
in the tables, EPA believes this concern is not justified and the final
MSGP has not been modified in response to these comments. In response
to other comments, the revised Table G-4 from the August 7, 1998 MSGP
modification has been added to the permit in Part 6.G.
In response to comments received on the proposed MSGP, the language
in Part 6.G.1.6.6 of the final MSGP was modified to indicate that a
permittee may test ``or evaluate'' mining-related discharges for non-
storm water discharges to make today's MSGP consistent with the 1995
MSGP.
Also in response to comments, the permit language in the final MSGP
which defines the reclamation phase was modified to reflect post-mining
land uses other than ``pre-mining state'' which had been in the
proposed MSGP. In addition, the final MSGP has been clarified to
indicate that sampling waivers in Part 5.3.1 of the MSGP do apply to
Sector G.
C. Sector I--Oil and Gas Extraction and Refining
In response to a comment, the title for Sector I was changed to
include ``Refining'' to clarify that runoff from refineries (except
runoff subject to effluent limitations guidelines) is eligible for
coverage under today's MSGP.
D. Sector J--Mineral Mining and Processing
EPA has re-evaluated the provisions of the 1995 MSGP for industrial
facilities in Sector J to determine whether these provisions need to be
updated for the reissued MSGP. To clarify the applicability of the MSGP
regarding construction activity at mineral mining sites and to make
mineral mining requirements consistent with metal mining provisions
(Sector G), Sector J has been modified to indicate that earth-
disturbing activities occurring in the ``exploration and construction
phase'' of a mining operation must be covered under EPA's Construction
General Permit (63 FR 7858, February 17, 1998) if the area disturbed is
one acre or more. All mining exploration/construction operations of
less than one acre must be covered under the MSGP-2000.
E. Sector K--Hazardous Waste Treatment, Storage or Disposal Facilities
EPA has re-evaluated the provisions of the 1995 MSGP for industrial
facilities in Sector K to determine whether these provisions need to be
updated for the reissued MSGP. On January 19, 2000 (65 FR 3008), EPA
promulgated final effluent limitations guidelines (ELGs) for
``contaminated storm water discharges'' from new and existing hazardous
landfill facilities regulated under RCRA Subtitle C at 40 CFR Parts 264
(Subpart N) and 265 (Subpart N), except for the following ``captive''
landfills:
(a) Landfills operated in conjunction with other industrial or
commercial operations when the landfill only receives wastes generated
by the industrial or commercial operation directly associated with the
landfill;
(b) Landfills operated in conjunction with other industrial or
commercial operations when the landfill receives wastes generated by
the industrial or commercial operation directly associated with the
landfill and also receives other wastes provided the other wastes
received for disposal are generated by a facility that is subject to
the same provisions in 40 CFR Subchapter N as the industrial or
commercial operation or the other wastes received are of similar nature
to the wastes generated by the industrial or commercial operation;
(c) Landfills operated in conjunction with Centralized Waste
Treatment (CWT) facilities subject to 40 CFR Part 437 so long as the
CWT facility commingles the landfill wastewater with other non-landfill
wastewater for discharge. A landfill directly associated with a CWT
facility is subject to this part if the CWT facility discharges
landfill wastewater separately from other CWT wastewater or commingles
the wastewater from its landfill only with wastewater from other
landfills; or
(d) Landfills operated in conjunction with other industrial or
commercial operations when the landfill receives wastes from public
service activities so long as the company owning the landfill does not
receive a fee or other remuneration for the disposal service.
For Sector K of the new MSGP, EPA has included the new ELGs (40 CFR
Part 445 Subpart A) for hazardous landfill facilities.
The term ``contaminated storm water'' is defined in the ELGs as
``storm water which comes in direct contact with landfill wastes, the
waste handling and treatment areas, or landfill wastewater.'' [40 CFR
445.2]. Contaminated storm water may originate from areas at a landfill
including (but not limited to): ``the open face of an active landfill
with exposed waste (no cover added); the areas around wastewater
treatment operations; trucks, equipment or machinery that has been in
direct contact with the waste; and waste dumping areas.'' [40 CFR
445.2].
The term ``non-contaminated storm water'' is defined in the ELGs as
``storm water which does not come in direct contact with landfill
wastes, the waste handling and treatment areas, or landfill
wastewater.'' [40 CFR 445.2]. Non-contaminated storm water includes
storm water which ``flows off the cap, cover, intermediate cover, daily
cover, and/or final cover of the landfill.'' [40 CFR 445.2].
The term ``landfill wastewater'' is defined in the ELGs as ``all
wastewater associated with, or produced by, landfilling activities
except for sanitary wastewater, non-contaminated storm water,
contaminated groundwater, and wastewater from recovery pumping wells.
Landfill wastewater includes, but is not limited to, leachate, gas
collection condensate, drained free liquids, laboratory derived
wastewater, contaminated storm water and contact washwater from washing
truck, equipment, and railcar exteriors and surface areas which have
come in direct contact with solid waste at the landfill facility.''
The 1995 MSGP authorized discharges of storm water associated with
industrial activity which includes contaminated storm water discharges
(as defined above) as well as other non-contaminated storm water
discharges (also defined above). Today's final MSGP continues to
authorize storm water associated with industrial activity; however, for
contaminated storm water discharges as defined above, the reissued MSGP
requires compliance with the promulgated ELGs for such discharges (with
monitoring once/year during each year of the term of the final MSGP).
The ELGs for the new and existing hazardous landfills are found in
Table K-1 below:
Table K-1--Effluent Limitations Guidelines for Contaminated Storm Water
Discharges (mg/l)
------------------------------------------------------------------------
Maximum for 1 Monthly average
Pollutant day maximum
------------------------------------------------------------------------
BOD5.............................. 220 56
[[Page 64776]]
TSS............................... 88 27
Ammonia........................... 10 4.9
Alpha Terpineol................... 0.042 0.019
Aniline........................... 0.024 0.015
Benzoic Acid...................... 0.119 0.073
Naphthalene....................... 0.059 0.022
p-Cresol.......................... 0.024 0.015
Phenol............................ 0.048 0.029
Pyridine.......................... 0.072 0.025
Arsenic (Total)................... 1.1 0.54
Chromium (Total).................. 1.1 0.46
Zinc (Total)...................... 0.535 0.296
pH................................ Within the range of 6-9 pH units.
------------------------------------------------------------------------
Today's final MSGP (like the 1995 MSGP) does not authorize non-
storm water discharges such as leachate and vehicle and equipment
washwater. These and other landfill-generated wastewaters are subject
to the ELGs. Today's final MSGP does, however, continue to authorize
certain minor non-storm water discharges (listed in Part 1.2.2.2) which
are very similar to the 1995 MSGP.
F. Sector L--Landfills, Land Application Sites and Open Dumps
EPA has re-evaluated the provisions of the 1995 MSGP for industrial
facilities in Sector L to determine whether these provisions need to be
updated for the reissued MSGP. The SWPPP requirements of the 1995 MSGP
already include several special BMPs for this industry in addition to
the MSGP's basic BMP requirements.
On January 19, 2000 (65 FR 3008), EPA promulgated final effluent
limitations guidelines (ELGs) for ``contaminated storm water
discharges'' from new and existing non-hazardous landfill facilities
regulated under RCRA Subtitle D (40 CFR Part 445 Subpart B). For Sector
L of today's MSGP, EPA has included the ELGs as they apply to
facilities covered by this sector. For Sector L facilities, the ELGs
apply to:
Municipal solid waste landfills regulated under RCRA Subtitle D at
40 CFR Part 258 and those landfills which are subject to the provisions
of 40 CFR Part 257, except for any of the following ``captive''
landfills:
(a) Landfills operated in conjunction with other industrial or
commercial operations when the landfill only receives wastes generated
by the industrial or commercial operation directly associated with the
landfill;
(b) Landfills operated in conjunction with other industrial or
commercial operations when the landfill receives wastes generated by
the industrial or commercial operation directly associated with the
landfill and also receives other wastes provided the other wastes
received for disposal are generated by a facility that is subject to
the same provisions in 40 CFR Subchapter N as the industrial or
commercial operation or the other wastes received are of similar nature
to the wastes generated by the industrial or commercial operation;
(c) Landfills operated in conjunction with Centralized Waste
Treatment (CWT) facilities subject to 40 CFR Part 437 so long as the
CWT facility commingles the landfill wastewater with other non-landfill
wastewater for discharge. A landfill directly associated with a CWT
facility is subject to this part if the CWT facility discharges
landfill wastewater separately from other CWT wastewater or commingles
the wastewater from its landfill only with wastewater from other
landfills; or
(d) Landfills operated in conjunction with other industrial or
commercial operations when the landfill receives wastes from public
service activities so long as the company owning the landfill does not
receive a fee or other remuneration for the disposal service.
EPA has not modified Sector L for the discharges which are not
subject to the ELGs. In addition, EPA would like to call attention to a
new EPA publication entitled ``Guide for Industrial Waste Management''
(EPA 530-R-99-001, June, 1999) which provides a useful information
resource for permittees in complying with the MSGP, and in minimizing
the impact of landfills to the environment overall.
The term ``contaminated storm water'' is defined in the ELGs as
``storm water which comes in direct contact with landfill wastes, the
waste handling and treatment areas, or landfill wastewater.'' [40 CFR
445.2]. Contaminated storm water may originate from areas at a landfill
including (but not limited to): ``the open face of an active landfill
with exposed waste (no cover added); the areas around wastewater
treatment operations; trucks, equipment or machinery that has been in
direct contact with the waste; and waste dumping areas.'' [40 CFR
445.2].
The term ``non-contaminated storm water'' is defined in the ELGs as
``storm water which does not come in direct contact with landfill
wastes, the waste handling and treatment areas, or landfill
wastewater.'' [40 CFR 445.2]. Non-contaminated storm water includes
storm water which ``flows off the cap, cover, intermediate cover, daily
cover, and/or final cover of the landfill.'' [40 CFR 445.2].
The term ``landfill wastewater'' is defined in the ELGs as ``all
wastewater associated with, or produced by, landfilling activities
except for sanitary wastewater, non-contaminated storm water,
contaminated groundwater, and wastewater from recovery pumping wells.
Landfill wastewater includes, but is not limited to, leachate, gas
collection condensate, drained free liquids, laboratory derived
wastewater, contaminated storm water and contact washwater from washing
truck, equipment, and railcar exteriors and surface areas which have
come in direct contact with solid waste at the landfill facility.'' [40
CFR 445.2].
The 1995 MSGP authorized discharges of storm water associated with
industrial activity from landfills including contaminated storm water
discharges as defined in the ELGs as well as non-contaminated storm
water. Today's final MSGP continues to authorize storm water associated
with industrial activity; however, for contaminated storm water
discharges as defined above, today's MSGP requires compliance with the
promulgated ELGs for such discharges (with monitoring once/year during
each year of the term of the final MSGP). The ELGs are found in Table
L-1 below:
Table L-1--Effluent Limitations Guidelines for Contaminated Storm Water
Discharges (mg/l)
------------------------------------------------------------------------
Maximum for 1 Monthly average
Pollutant Day maximum
------------------------------------------------------------------------
BOD5.............................. 140 37
TSS............................... 88 27
Ammonia........................... 10 4.9
Alpha Terpineol................... 0.033 0.016
Benzoic Acid...................... 0.12 0.071
p-Cresol.......................... 0.025 0.014
Phenol............................ 0.026 0.015
Zinc (Total)...................... 0.20 0.11
pH................................ within the range of 6-9 pH units.
------------------------------------------------------------------------
Today's final MSGP (like the 1995 MSGP) does not authorize non-
storm water discharges such as leachate and vehicle and equipment
washwater. These and other landfill-generated wastewaters are subject
to the ELGs. Today's MSGP does, however, continue to authorize the same
minor non-storm water discharges (listed in Part 1.2.2.2) as the 1995
MSGP.
[[Page 64777]]
G. Sector S--Air Transportation Facilities
EPA has re-evaluated the provisions of the 1995 MSGP for industrial
facilities in Sector S to determine whether these provisions need to be
updated for the reissued MSGP. The SWPPP requirements of the 1995 MSGP
included several special BMP requirements for airports in addition to
the MSGP's basic BMP requirements. Additional technologies have been
developed since the original MSGP issuance for deicing operations which
have been included in today's MSGP. A lengthy (but not comprehensive)
list of new deicing chemical and BMP options is provided in Parts
6.S.5.3.6.2 and 6.S.5.3.7. More information on these options is found
in the EPA publication ``Preliminary Data Summary, Airport Deicing
Operations'' (http://www.epa.gov/ost/guide/airport/index.html).
The MSGP-2000 has been clarified such that compliance evaluations
(Part 6.S.5.5) shall be conducted during a period when deicing
activities are likely to occur (vs. a month when deicing activities
would be atypical or during an extended heat wave), not necessarily
during an actual storm or when intense deicing activities are
occurring. This requirement is not seen as onerous, as EPA believes
that most weather conditions can be reasonably anticipated and the
evaluation can be planned for.
In addition, EPA has revised Part 6.S.5.4 to reflect that monthly
inspections of deicing areas during the deicing season (e.g., October
through April) are now allowed at airports with highly effective,
rigorously implemented SWPPPs. This requirement is a reduction from the
previous MSGP's weekly requirement. However, if unusually large amounts
of deicing fluids are being applied, spilled or discharged, weekly
inspections should be conducted and the Director may specifically
require such weekly inspections. In addition, personnel who participate
in deicing activities or work in these areas should, as the need
arises, inform the monthly inspectors of any conditions or incidents
constituting an environmental threat, especially those needing
immediate attention.
H. Sector T--Treatment Works
EPA has re-evaluated the provisions of the 1995 MSGP for industrial
facilities in Sector T to determine whether these provisions need to be
updated for the reissued MSGP. The SWPPP requirements of the 1995 MSGP
already include a few special BMP requirements for this industry in
addition to the MSGP's basic BMP requirements. In reviewing the
information which EPA has available on this industry, EPA has
identified several additional areas at treatment works facilities which
we believe should be considered more closely for potential storm water
controls. As a result, EPA has included additional or modified permit
requirements which we believe are appropriate to include in Sector T.
Today's MSGP requires that operators of Sector T treatment works
include the following additional areas or activities, where they are
exposed to precipitation, in their SWPPP site map, summary of potential
pollutant sources, and inspections: grit, screenings and other solids
handling, storage or disposal areas; sludge drying beds; dried sludge
piles; compost piles; septage and/or hauled waste receiving stations.
An additional BMP that permittees must consider is routing storm water
into the treatment works, or covering exposed materials from these
additional areas or activities.
I. Sector Y--Rubber, Miscellaneous Plastic Products and Miscellaneous
Manufacturing Industries
EPA has re-evaluated the provisions of the 1995 MSGP for industrial
facilities in Sector Y. The 1995 MSGP included several special BMP
requirements for rubber manufacturers to control zinc in storm water
discharges. However, no special BMPs beyond the MSGP's basic SWPPP
requirements were included in the 1995 MSGP for manufacturers of
miscellaneous plastic products or miscellaneous manufacturing
industries.
EPA has several ongoing programs directed toward identifying
additional pollution prevention opportunities for different industrial
sectors. For example, EPA's Office of Compliance has published ``sector
notebooks'' for a number of industries, including the rubber and
miscellaneous plastics industry (EPA 310-R-95-016). The sector
notebooks are intended to facilitate a multi-media analysis of
environmental issues associated with different industries and include a
review of pollution prevention opportunities for the industries. As
discussed below, EPA's sector notebook for the rubber and plastic
products industry identifies a number of additional BMPs (beyond those
in the 1995 MSGP) which could further reduce pollutants in storm water
discharges from these facilities, and which have been included in the
reissued MSGP.
1. Rubber Manufacturing Facilities
Today's MSGP requires that rubber manufacturing facility permittees
consider the following additional BMPs (which were selected from those
in the sector notebook) for the rubber product compounding and mixing
area:
(1) consider the use of chemicals which are purchased in pre-
weighed, sealed polyethylene bags. The sector notebook points out that
some facilities place such bags directly into the banbury mixer,
thereby eliminating a formerly dusty operation which could result in
pollutants in storm water discharges.
(2) consider the use of containers which can be sealed for
materials which are in use; also consider ensuring an airspace between
the container and the cover to minimize ``puffing'' losses when the
container is opened.
(3) consider the use of automatic dispensing and weighing
equipment. The sector notebook observes that such equipment minimizes
the chances for chemical losses due to spills.
2. Plastic Products Manufacturing Facilities
For plastic products manufacturing facilities, today's final MSGP
requires that permittees consider and include (as appropriate) specific
measures in the SWPPP to minimize loss of plastic resin pellets to the
environment. These measures include (at a minimum) spill minimization,
prompt and thorough cleanup of spills, employee education, thorough
sweeping, pellet capture and disposal precautions. Additional specific
guidance on minimizing loss can be found in the EPA publication
entitled ``Plastic Pellets in the Aquatic Environment: Sources and
Recommendations'' (EPA 842-B-92-010, December, 1992) and at the website
of the Society of the Plastics Industry (www.socplas.org).
3. Industry-Sponsored Efforts
Both the rubber manufacturing and plastic products industries are
also active in sponsoring studies designed to reduce the environmental
impacts associated with the production, use and ultimate disposal of
their products. However, in reviewing recent work in this regard, EPA
has not identified any additional BMPs for storm water discharges which
would be appropriate for the reissued MSGP. Therefore, only the
additional BMPs noted above are included in the reissued MSGP for these
industries.
[[Page 64778]]
IX. Summary of Responses to Comments on the Proposed MSGP
EPA received comments from 45 individuals in response to the
proposed permit. A summary of the Agency's responses to those comments
appears below. Responses to each comment is available from the Water
Docket, whose address and hours of operation are listed in the
introduction to this notice.
Section 1.2 Eligibility
Comment a: One commenter requested clarification on the
responsibilities military bases, which resemble small municipalities,
have with regard to non-industrial areas of the base. The commenter
expressed concern that examples of co-located industrial activities in
Section VI.B.3 of the fact sheet and Part 1.2.1.1 of the proposed
permit could be interpreted to require coverage for all vehicle
maintenance activities at a base, even those unrelated to an industrial
activity. The commenter further noted that bases in urbanized areas
would require base-wide storm water management programs anyway as Small
Municipal Separate Storm Sewer Systems under Phase II of the Storm
Water Program.
Response a: EPA agrees that municipalities and military or other
governmental installations are only responsible for obtaining permits
for storm water associated with industrial activity for those portions
of their municipality or installations where they have a storm water
discharge that is covered under the definition of ``storm water
associated with industrial activity.'' Under this interpretation, even
though a military base may choose to submit a single NOI for all
industrial activities on the base, the SWPPP would only need to
identify facilities/areas associated or not associated with industrial
activities and that have a SWPPP covering the industrial activity
areas. The SWPPP required under the MSGP would not need to address
storm water controls for the non-industrial areas of the base. A note
has been added to Part 4.1 (Storm Water Pollution Prevention Plans) of
the permit to clarify the scope of the SWPPP.
Comment b: The proposed limitations on transfer of storm water
discharges from a previous permit to the MSGP could result in undue
restrictions. The commenter felt that there could be reasons, e.g., for
consistent management of storm water across a site, etc. that either
the permittee or the permitting authority would want to address all
storm water at a facility under a general permit.
Response b: EPA has reconsidered the Part 1.2.3.3.2 restrictions
and Part 1.2.3.3.2.1 of the proposed permit has been eliminated. Part
1.2.3.3.2.1 would only have allowed permittees to seek MSGP coverage
for storm water discharges previously covered by another permit if that
previous permit contained only storm water and eligible non-storm water
(i.e., an individual permit for wastewater, etc. would no longer be
required if coverage under the MSGP was allowed). EPA's review did
identify some unintended consequences and unresolved issues that could
result from this restriction.
A facility (including new facilities) that never had storm water
discharges covered by an individual permit, or which was located where
access to a municipal wastewater treatment plant for wastewater
discharges was available, would have an opportunity for burden
reduction that would not be available to a facility with even cleaner
storm water that happened to have storm water discharges covered in a
previous permit and could not eliminate their wastewater discharges.
There could be cases were a smaller and ``cleaner'' facility would not
be able to take advantage of the savings (e.g., individual permit
application sampling is not required) the MSGP offered their
competitors simply because they had a minor wastewater discharge that
could not be eliminated.
While the main purpose of the proposed Part 1.2.3.3.2.1 restriction
was to discourage dual permits at a facility, there are already many
facilities that have permit coverage split between an individual permit
and the MSGP and dual permit coverage would still be available in many
cases anyway. Currently, some of these ``dual permit'' facilities have
only wastewater under an individual permit and all their storm water
discharges under the MSGP, while at others, the individual wastewater
permit includes some of the storm water discharges, with the remaining
storm water discharges covered by the MSGP. This ability to have split
coverage in at least some situations is necessary to address situations
where at least interim coverage under a general permit for a new storm
water discharge is necessary or desirable from either the permittee's
or the permitting authority's standpoint.
EPA has determined that the proposed restrictions in Part 1.2.3.3.2
relating to discharges for which a water quality-based limit had been
developed and discharges at a facility for which a permit had been (or
was in the process of being) either denied or revoked by the permitting
authority were necessary to address the anti-backsliding requirements
of the Clean Water Act or to ensure that discharges from a facility
requiring the additional scrutiny of an individual permit application
were not inadvertently allowed under the general permit. In any event,
only those storm water discharges under the previous permit that met
all other eligibility conditions of the MSGP could even be considered
for transfer.
EPA periodically promulgates new effluent limitation guidelines,
some of which, such as the those for landfills published February 2,
2000, contain storm water effluent limitation guidelines. Under Part
1.2.2.1.3 of the MSGP, a storm water discharge subject to a promulgated
effluent limitation guideline is only eligible for coverage if that
guideline is listed in Table 1-2. A new guideline promulgated during
the term of the permit would thus alter the eligibility for the permit
not only for new dischargers, but also for discharges already covered
by the permit. In order to avoid the situation where a discharge would
suddenly become ineligible upon promulgation of a new guideline, Part
1.2.2.1.3 has been modified to allow interim coverage under the permit
where a storm water effluent guideline has been promulgated after the
effective date of the permit, but the permit has not yet been modified
to include the new guideline. This will allow continued coverage until
the new storm water guideline could be added to the permit. Where the
new guideline includes new source performance standards, ``new
sources'' would need to comply with Part 1.2.4 prior to seeking permit
coverage.
Section 1.4 Terminating Coverage
Comment: (Comment also addresses Section 11.1 Transfer of Permit
Coverage) Several commenters viewed the submittal of an NOT by the old
operator and the submittal of an NOI by the new operator in order to
transfer permit coverage after a change in ownership as a new and
overly burdensome requirement (Parts 1.4 and 11.1). An alternative
suggested was a simple notice to the permit file of the ownership
change.
Response: EPA has determined that the most effective method for
accommodating and tracking a change in the owner/operator at a facility
covered by the general permit is to have the old operator submit a
Notice of Termination certifying that they are no longer the operator
of the facility, and for the new operator to submit a Notice of Intent
certifying their desire and eligibility to be covered by the general
permit. In fact, this is not a new
[[Page 64779]]
requirement since the same process was required under the 1995 MSGP
(see Part II.A.4 and Part XI.A at 60 FR 51113 and 51122, respectively).
The only ``new'' aspect of the process is the 30 day timeframe for
submittal of the NOT by the old operator and a clarification that
simple name changes in a particular company (e.g., Jones Industrial
Manufacturing, Co. changing to JIMCO) can be made with a simple update
to the company's NOI and a NOT would not be required. Submittal of the
NOT by the old operator documents that the old operator believes he no
longer needs coverage under the MSGP for any storm water discharges. In
addition, EPA is more able to maintain a cleaner database of facilities
actually covered by the permit both currently and in the past. The NOI/
NOT process for transfers under the general permit is thus essentially
a streamlined parallel process to what would otherwise be required
under 40 CFR 122.61.
The permit transfer procedures at 40 CFR 122.61 are designed to
avoid the time delays and resource burdens associated with issuance of
a new permit for a facility just because there is a new owner/operator.
Under this process, transfer of the permit to the new owner/operator
cannot be made without an actual permit modification (a lengthy process
especially for general permits), unless the old operator submits a
thirty day advance notice and a written agreement between the parties
containing a specific date for transfer of permit responsibility,
coverage, and liability between them.
The nature of a general permit is such that there is no actual
permit issued to any individual facility, but rather that multiple
dischargers are in effect ``registering'' their intent to use the
discharge authority offered by the general permit to anyone who is
eligible. This ``registration'' is accomplished by an operator's
submittal of the Notice of Intent to be covered by the general permit
as little as two days before they need permit coverage. In fact,
regulations at 40 CFR 122.28(b)(2) specifically require submittal of an
NOI in order for an operator to be authorized under a general permit
for discharges of storm water associated with industrial activity. EPA
thus views the requirements for the new operator to file an NOI as
little as two days prior to the transfer and for the old operator to
file an NOT within thirty days after the transfer to be less burdensome
than the thirty day advance notice and written agreements that would
otherwise be required under the permit transfer requirements of 40 CFR
122.61.
Section 1.5 Conditional Exclusion for No Exposure
Comment: EPA should insert the No Exposure Certification form and
guidance within the permit since many facility operators are unaware of
its existence.
Response: EPA has generated a document, ``Guidance Manual for
Conditional Exclusion from Storm Water Permitting Based on ``No
Exposure'' of Industrial Activities to Storm Water,'' and a separate no
exposure announcement to help operators understand and apply for the
conditional permitting exclusion. The guidance is available in hard
copy from EPA's Water Resource Center. In addition, EPA also sent a
mass mailing alerting all EPA permittees as well as stakeholder groups
to the MSGP-2000 and the no exposure exclusion. To provide the No
Exposure Certification in as many possible places, EPA is publishing
the form and instructions as an addendum to the MSGP-2000.
Section 2.1 Notice of Intent (NOI) Deadlines
Comment: Commenters requested an extension of the 90 day timeframe
for submission of their NOI to 270 days. Commenters said they needed
the additional time to complete their Storm Water Pollution Prevention
Plan (SWPPP), application for an alternate permit, or their endangered
species consultation or adverse impact investigation. A commenter also
requested clarification of coverage during the 90 days between this
publication and their submission of their NOI.
Response: The fact sheet clarifies that SWPPPs are to be prepared
at the time the NOI is submitted. Since most permittees are already
covered under the current MSGP and have a requirement to update their
SWPPP as the need arises, there is no basis for an automatic extension
to 270 days. However, facilities may seek an extension up to 270 days
to develop their SWPPP, or to obtain an alternate permit, on a case-by-
case basis. Similarly, facilities can request an extension up to 270
days if they need to conduct an endangered species consultation or
adverse impact investigation. Permittees covered under the current MSGP
will continue to be covered during the next 90 days as long as they
meet the conditions set forth in the 1995 MSGP.
Section 2.2 Contents of Notice of Intent (NOI)
Comment a: Clarify how to complete the NOI form in situations where
an MS4 has industrial activities and is conveying the pollutants to its
own storm drainage system.
Response a: The intent of Section 2.2.2.5 was to identify the
municipal separate storm sewer system under the assumption that it
would be under different ownership. If there is not a separate owner,
this requirement is unnecessary. This section has been revised to
clarify ``the name of the municipal operator if the discharge is
through a municipal separate storm sewer system under separate
ownership.''
Comment b: A commenter questioned whether EPA was requiring or
encouraging permittees to consult FWS and NMFS in making its endangered
species finding.
Response b: The facility is responsible for obtaining the
threatened or endangered species list to make sure that listed specie
or critical habitat is not located in or around the vicinity of your
facility. That list may be obtained by phoning or mailing the FWS or
NMFS, visiting EPA's website, or by some other means. Thus, the
permittee is not required to contact the two agencies if he can meet
his obligation in another manner.
Comment c: Do not include latitude/longitude information on the
NOI.
Response c: EPA requires all regulated facilities to submit
latitude and longitude information. The information is critical in
overseeing compliance with endangered species assessments and
coordinating compliance assistance and enforcement activities across
media programs.
Section 2.3 Use of NOI Form
Comment a: Do not add check boxes related to NHPA and ESA
compliance.
Response a: EPA believes the additional information improves the
Agency's ability to oversee implementation of the permit and compliance
with ESA and NHPA requirements. Because the permittee is already
responsible for conducting the analysis, there is minimal additional
burden associated with indicating on the NOI form how the analysis was
conducted. Therefore, EPA intends to retain this requirement. The NOI
form requires review by the Office of Management and Budget. Until the
new form is approved, permittees should use the current form. EPA's
ability to issue today's permit is contingent upon its compliance with
ESA and NHPA; thus, provisions related to those statutes is part and
parcel of today's permitting action.
Comment b: Commenters supported EPA's proposal to allow facilities
to
[[Page 64780]]
submit NOIs, notices of termination, and discharge monitoring reports
electronically. However, they cautioned that EPA continue to allow hard
copy filing since not all permittees have internet access.
Response b: The final permit retains the requirement of paper
filing for NOIs, NOTs, and DMRs. While EPA believes that electronic
filing will be incorporated as an option in the future, it is currently
not available.
Section 3.3 Compliance with Water Quality Standards
NPDES regulations at 40 CFR 122.44(d)(1)(i) require that the MSGP
ensure compliance with State water quality standards for all discharges
which ``will cause, have the reasonable potential to cause, or
contribute'' to an exceedance of a State standard. With the wide
variety of facilities to be permitted under the MSGP, EPA believes that
reasonable potential to cause or contribute to exceedances of water
quality standards is likely to exist at least for some facilities.
Therefore the MSGP must include appropriate provisions to ensure
compliance with State standards. For general permits, EPA's guidance
document entitled ``General Permit Program Guidance'' (February, 1988)
suggests an overall narrative statement requiring compliance with State
standards to address the fact that the permit will cover a wide variety
of facilities subject to different standards depending on their
location. Part 3.3 of the proposed MSGP included a narrative statement
in accordance with this guidance to ensure compliance with 40 CFR
122.44(d)(1)(i). Part 1.2.3.5 of the proposed MSGP also included an
exclusion from permit coverage for facilities which EPA has determined
may cause or contribute to violations of State standards. Commenters
raised a number of concerns regarding the provisions of the proposed
MSGP related to compliance with State standards. However, after review
of the comments, EPA believes that the provisions of the proposed MSGP
were appropriate and these provisions have been retained in the final
MSGP. Following below are EPA responses to the specific issues raised
by the commenters:
Lack of Coverage for Facilities With Reasonable Potential
Comment a: A commenter was puzzled by the exclusion from coverage
in Part 1.2.3.5 of the proposed MSGP and requested additional
explanation.
Response a: EPA believes that facilities which are shown to cause,
or have the reasonable potential to cause or contribute to exceedances
of State standards may be more appropriately permitted under individual
permits or a separate general permit with alternate permit requirements
designed to ensure compliance with State standards. This is the basis
for the exclusion. Part 1.2.3.5 also provides, however, that MSGP
coverage may be available if the control measures in the storm water
pollution prevention plan (SWPPP) are sufficient to ensure compliance
with State standards.
Comment b: Part 1.2.3.5 of the proposed MSGP could prove burdensome
and could lead to permit backlogs depending on the extent of its use.
Response b: Given the large number of facilities covered by the
MSGP, it is not practical for EPA to individually review the status of
all facilities covered by the MSGP prior to submittal of the NOI. EPA
has developed eligibility criteria for coverage under the MSGP-2000
which should, if applied appropriately by the facility operator, screen
out facilities which have ``reasonable potential'' to exceed a state
standard. In addition, where EPA determines there is a ``reasonable
potential,'' the Director will require the facility to submit an
individual permit or take other appropriate action.
Comment c: MSGP coverage should not be allowed until the absence of
reasonable potential had been demonstrated by the discharger.
Response c: As noted above, EPA does not believe this is practical
for all facilities given the large number of dischargers covered by the
permit. Moreover, as discussed in EPA's ``Interim Permitting Policy for
Water Quality-Based Effluent Limitations in Storm Water Permits'' (61
FR 43761, November 26, 1996), there will likely be circumstances where
inadequate information is available to perform the reasonable potential
analysis.
Are Discharges with Reasonable Potential a Permit Violation?
Comment d: Several commenters objected to Part 3.3 of the proposed
MSGP which indicated that discharges which have occurred would be
violations of the MSGP if they are later shown to have the reasonable
potential to cause or contribute to exceedances of State standards.
Response d: EPA believes that such discharges are appropriately
characterized by the MSGP as violations. The narrative statement in the
MSGP requiring compliance with water quality standards in effect
incorporates into the permit all numeric effluent limitations which are
necessary to ensure compliance with State standards. When a discharge
is shown to have reasonable potential, this implies that discharges are
occurring which would exceed the permit limits needed to ensure
compliance with State standards. Since the narrative statement
incorporates all limits needed to ensure compliance with State
standards, the discharges are appropriately characterized as violations
of the permit.
Process for Terminating Coverage Under the MSGP
Comment e: Several commenters expressed concern regarding the
process for terminating coverage under the MSGP and ensuring due
process for dischargers to contest such actions by EPA.
Response e: EPA believes that the MSGP does ensure due process for
dischargers. Part 9.12 of the MSGP provides that EPA may require an
individual permit application from a discharger, or require the
discharger to seek coverage under an alternate general permit. If an
individual permit application were required, a draft permit would be
prepared and a full opportunity would be provided to the discharger in
accordance with 40 CFR Part 124 to comment on the draft permit and
contest any final determination. Further, any alternate general permit
would provide (in accordance with 40 CFR 122.28(b)(3)(iii)) that the
discharger could seek coverage under an individual permit rather than
the alternate general permit. Such a request would also be processed in
accordance with the procedures at 40 CFR Part 124.
Comment f: A number of commenters also asked whether a notice of
violation of Part 3.3 of the MSGP for violations of State water quality
standards would be in writing.
Response f: Dischargers would be notified in writing by EPA of any
violation of Part 3.3.
Permit as a Shield Concerns
Comment g: Section 402(k) of the Clean Water Act shields permittees
from the requirements of Part 3.3 of the MSGP to comply with water
quality standards.
Response g: EPA disagrees with the commenters on this matter.
Section 402(k) provides that compliance with an NPDES permit is
considered to be compliance, for purposes of section 309 and 505
enforcement, with sections 301, 302, 306, 307 and 403 of the Clean
Water Act. However, the violations which are envisioned by Part 3.3 of
the MSGP would be violations of an NPDES permit itself, i.e., the water
quality-based effluent limitations which are
[[Page 64781]]
incorporated into the MSGP by virtue of the narrative statement.
Section 402(k) does not provide a shield for such violations.
Concerns about Applying State Water Quality Standards to Storm Water
Comment h: Water quality standards cannot apply to storm water
discharges since special wet weather standards have not been developed
to address episodic events.
Response h: EPA disagrees that State water quality standards cannot
apply in the absence of special wet weather standards. Section
402(p)(3)(A) of the Clean Water Act specifically requires that
industrial storm water dischargers comply with State water quality
standards. EPA has recognized, however, the difficulties in developing
appropriate water quality-based effluent limitations for storm water
discharges. In response to concerns such as those raised by the
commenter, EPA has developed an ``Interim Permitting Policy for Water
Quality-Based Effluent Limitations in Storm Water Permits' (61 FR
43761, November 26, 1996). Where numeric water quality-based effluent
limitations are infeasible (due for example to inadequate information
on which to base the limitations), best management practices (BMPs)
such as those in the SWPPP would serve as the water quality-based
effluent limitations.
Comment i: Clarify whether mixing zones would apply to the storm
water discharges.
Response i: Mixing zones would apply to the extent that State water
quality standards provide for their use.
Required Actions if Violations of Standards Occur
Comment j: A commenter was unclear concerning the modifications of
the SWPPP that would be required by Part 3.3 of the MSGP if violations
of State water quality standards occur.
Response j: The SWPPP must be modified to include additional BMPs
to the extent necessary to prevent future violations.
Comment k: Clarify who would determine the additional control
measures that would be required by Part 3.3 of the MSGP.
Response k: The discharger would at least initially be responsible
for determining the additional control measures. However, Part 4.10 of
the MSGP also provides that EPA may require modifications of the SWPPP
if it proves to be inadequate.
Can a Reasonable Potential Analysis Occur at Any Time During the Permit
Term?
Comment l: Part 3.3 of the MSGP should not require a reasonable
potential analysis at any time during the term of the permit.
Response l: The information to support a reasonable potential
determination would be based on additional information that becomes
available concerning a particular discharge (from monitoring results,
for example). As such, the permit appropriately provides that a
reasonable potential analysis (possibly leading to an individual permit
or separate general permit) may be required at such a time.
Comment m: Discharges of a pollutant which increase during the term
of the permit should not be considered a permit violation.
Response m: EPA disagrees with the commenter on this issue. The
narrative statement in Part 3.3 of the MSGP requires that dischargers
comply with all State water quality standards throughout the term of
the permit. Dischargers must ensure that, if there are increases in the
discharges of a particular pollutant, the increases are not sufficient
to cause or contribute to exceedances of water quality standards.
Questions Regarding the Benchmark Concentrations
Comment n: Part 3.3 of the proposed MSGP would undermine EPA's use
of the benchmark values in the MSGP.
Response n: EPA disagrees with the commenters in this regard. The
benchmark values are concentrations which are used to evaluate whether
a generally effective SWPPP is being implemented. The SWPPP is required
to ensure compliance with the technology-based discharge requirements
of the Clean Water Act. Exceedance of a benchmark value is not a permit
violation. However, if a permittee complies with the benchmarks, the
permittee is eligible for the monitoring waiver in year 4 of the term
of the permit and this provides an incentive to implement an effective
SWPPP. Part 3.3 of the MSGP is required to ensure compliance with the
water quality-based requirements of the Clean Water Act, which are in
addition to the technology-based requirements. Part 3.3 of the MSGP
does not undermine the benchmarks. Part 3.3 is simply a separate
requirement of the Clean Water Act which must be included in the permit
in addition to the technology-based requirements.
General Comment on Water Quality Standards Requirements
Comment o: One commenter lodged a general objection to Part 3.3 of
the proposed MSGP, but did not elaborate on specific concerns.
Response o: As discussed above, EPA believes that Part 3.3 is
appropriate and necessary to ensure compliance with State water quality
standards. As such, Part 3.3 was retained in the final MSGP.
Section 4.1 Storm Water Pollution Prevention Plan (SWPPP) Requirements
Comment a: EPA should not measure progress solely on the number of
BMPs applied.
Response a: As stated, EPA's intention in requiring the
comprehensive site compliance evaluation is to determine the
effectiveness of BMPs in use at the site, and to assess compliance with
the terms and conditions of the permit. Additional new BMPs are not
prescribed as part of this requirement; the options to include BMPs to
replace those which are not working appropriately, or to augment
existing BMPs to ensure better performance, rests solely with the
facility operator, based on the findings of the compliance evaluation.
Comment b: Clarify the frequency of training required.
Response b: Some industrial sectors covered by this permit are
required to provide training at least once per year. In other sectors,
it is left to the discretion of the operator. EPA's fact sheet
recommends that facilities conduct employee training annually at a
minimum, and acknowledges that, for some facilities, a more frequent
training schedule may be appropriate to ensure that personnel at all
levels of responsibility are informed of the components and goals of
the site's SWPPP.
Comment c: Clarify the term ``locally available.''
Response c: EPA intends the term ``locally available'' to mean a
facility office which need not actually be located on-site, but co-
located with other facility operations. It is not necessary for a
permittee to maintain a local presence near an unstaffed site for the
purposes of maintaining availability of the SWPPP.
Comment d: Fourteen days is an unrealistic timeframe for modifying
a SWPPP in response to a discharge of a reportable quantity of oil.
Response d: EPA does not consider the requirement to revise the
SWPPP within 14 days after a discharge of a reportable quantity of oil
to be unrealistic. Changes to accommodate a
[[Page 64782]]
description of the release, date and circumstances of the release, as
well as a description of the actions taken to address the problem and
any necessary changes to the BMPs to prevent future releases are
inherently necessary to prevent water quality degradation.
Comment e: It is standard practice to keep a copy of their SWPPPs
with their permit and, therefore, there is no objection to this
requirement.
Response e: EPA acknowledges that many industrial facilities
already keep a copy of the storm water permit with their SWPPP, and the
Agency is formalizing that practice as a requirement of the permit for
all facilities.
Section 4.2 Contents of Plan
Comment a: A commenter believed EPA was requiring velocity
dissipation devices to minimize erosion due to flow velocity.
Response a: EPA's intention is to require facilities to evaluate
the need for velocity dissipation devices where it is necessary to
minimize erosion due to flow velocity. Facilities should use their best
judgment when considering if velocity dissipation devices are needed.
The language in the permit has been clarified.
Comment b: Specify a set of minimum management practices for
coverage under the permit.
Response b: Due to the variety of industries covered by the Multi-
Sector General Permit, there is no ``minimum'' list of best management
practices that would suitably address the multiple situations found at
different industrial sites. EPA considers it sufficient to outline
minimum criteria that each facility operator must consider to minimize
discharges from their property, and allow facility operators to
identify and implement BMPs that are appropriate for their site.
Comment c: Do not require the SWPPP to identify oil spills or leaks
below reportable quantities. Only those sites that have not been
cleaned up to appropriate levels should be included in the site
description and shown on the site map.
Comment d: EPA has not changed the basic intent of this permit
requirement: a facility must keep a record of significant spills or
leaks of both hazardous substances or oil and, for releases in excess
of reportable quantities under 40 CFR Parts 117 or 302, revise its
pollution prevention plan as necessary to prevent the reoccurrence of
such releases. A spill or leak may not meet the threshold of a
``reportable quantity'' but may still be sufficiently significant to
cause water quality impairment, and therefore should be acknowledged
and mitigated by the permittee. EPA does not intend that ``reportable
quantity'' defines the minimum amount of a substance which should be
appropriately managed. In regards to including previous spill and/or
leak areas in the site map and associated descriptions, the Agency
views the inclusion of all areas where spills have occurred over the
last three years from the date of NOI submittal as important
information which may be useful in assessing future risks.
Comment d: The provision prohibiting discharge of ``solid
materials'' is too broad and should be eliminated.
Response d: EPA intends the reference to ``solid materials,
including floating debris'' and ``Off-site tracking of raw, final, or
waste materials or sediment, and the generation of dust'' as having the
generally accepted plain language meanings, and that facility operators
should use their best professional judgment in applying this
requirement to their discharge. The reference is not necessarily meant
to apply in particular to suspended soil. EPA has purposefully allowed
for reasonable flexibility in allowing each facility to determine
whether ``solid materials,'' ``floating debris'' and/or ``dust'' are a
component of their storm water discharge. The Agency acknowledges that
many areas have state or local ordinances prohibiting the off-site
tracking and generation of dust; therefore, this requirement does not
pose a hardship on facility operators. While not prohibiting the
discharge of waters containing soils, the permit still requires that
discharges must comply with state/local water quality standards.
Comment e: The requirement for ``routine inspections'' and
``records of inspections'' are too broad.
Response e: EPA acknowledges that most industrial facilities
conduct regular inspections of plant conditions. As discussed in Part
4.2.7.1.5 of the permit, facility operators must explicitly outline in
the SWPPP the frequency of regular inspections at their facility which
will incorporate inspections of industrial activities or materials that
are exposed to storm water. Records of these specific storm water
inspections, along with records of any followup actions taken as a
result of these inspections, must be kept with the SWPPP. This
facility-specific schedule of periodic inspections is what EPA is
referring to as ``routine facility inspections.''
Comment f: An evaluation of groundwater impacts or concerns is
beyond the scope of a stormwater pollution prevention plan.
Response f: In some cases, groundwater beneath a facility may be
hydrologically connected to surface waters. EPA's intent for including
an evaluation of impacts to groundwater when considering appropriate
BMPs is to ensure that facility operators are fully cognizant of the
hydrology of their area, and have evaluated any appropriate BMPs in the
event that such a situation exists for their property. If there are no
possible impacts to groundwater, this fact should be acknowledged in
the SWPPP.
Section 4.4 Non-Storm Water Discharges
Comment a: Include swimming pool discharges as an allowable storm
water discharge.
Response a: EPA does not include swimming pool discharge as an
allowable non-storm water discharge in the Multi-Sector General Permit,
as this is a general permit to cover storm water discharges from
industrial activity. The Agency is unclear as to how many industrial
facilities have swimming pools that would necessitate this specific
exemption. The inclusion of nonchlorinated swimming pool discharges as
an allowable non-storm water discharge will be better suited to the
upcoming EPA Small Multiple Separate Storm Sewer General Permit, which
will be available by December 2002.
Comment b: The permit should allow for case-by-case determinations
for inclusion of de minimus non stormwater sources.
Response b: By its very nature, a general permit is meant to cover
many similar discharges from a variety of similar sources. Case-by-case
determinations for de minimus non-stormwater discharges would be
extremely time-intensive, and it is not possible to provide for such
individual determinations in the context of a general permit. Specific
examples of de minimus discharges were not provided by the commenter;
therefore, the Agency is not inclined to include such a provision at
this time.
Comment c: Delete ``drinking fountain water:'' from Section
1.2.2.2.3 and cite only ``potable water including water line
flushings.''
Response c: EPA agrees with the issues presented by the commenter,
and that the term ``drinking fountain water,'' in itself, is imprecise.
Both the draft MSGP fact sheet and permit specifically authorize
potable water as an allowable non-storm water discharge. The
[[Page 64783]]
``drinking fountain water'' language has been deleted.
Section 4.7 Copy of Permit Requirements
Comment: Recommend electronic website access in lieu of paper copy
of permit.
Response: The new requirement that a hard copy of the Multi-Sector
General Permit be kept with a facility's Storm Water Pollution
Prevention Plan is intended to ensure that the permit requirements are
easily and readily available to all facility staff who are or may be
responsible for implementing the provisions of the permit. Internet
access may not be available to staff in all situations; therefore, for
ease of reference, EPA is requiring that at least one copy of the
permit be retained along with the SWPPP. The sections referring to
EPA's acceptance of the electronic medium is contingent, in both cases
cited by the commenter, upon the future viability of electronic
submittal of NOIs and DMRs to the Agency.
Section 4.9 Timeline
Comment a: The fact sheet and permit need to provide consistent
timeframes for SWPPP revisions.
Response a: The fact sheet and permit language were consistent on
revising the SWPPP within 14 days of the site evaluation, but were
somewhat confusing on how long the permittee had to implement the
revisions. To clarify this time period, EPA has revised Part 4.9.3 of
the permit to state: ``If existing BMPs need to be modified or if
additional BMPs are necessary, implementation must be completed before
the next anticipated storm event, or not more than 12 weeks after
completion of the comprehensive site evaluation.''
Comment b: Thirty days to correct deficiencies in the SWPPP
following notification by the Director is insufficient.
Response b: EPA intends for corrections to the Storm Water
Pollution Prevention Plan to be accomplished in a timely manner,
particularly when deficiencies are identified formally by the Director.
The Agency feels that thirty days, as outlined in the existing permit
language, is a reasonable amount of time for such changes to be made;
if revisions are significant, the permittee may request, and the
Director can provide, additional time for revisions to be accomplished.
Comment c: Fourteen days to modify a SWPPP is insufficient.
Response c: The Agency feels that revising the Storm Water
Pollution Prevention Plan appropriately to address deficiencies within
14 days is a reasonable timeframe in which to address changes
administratively; additional time is provided to actually put those
revisions into place.
Comment d: The SWPPP must be completed and in place prior to
issuance of the permit.
Response d: Part 4.1 of the permit states that a SWPPP must be
prepared for the facility before submitting a Notice of Intent for
permit coverage. EPA's issuance of the MSGP-2000 does not automatically
confer coverage to permittees; therefore, EPA feels the requirement
that a site-specific SWPPP be in place for the facility operations
prior to seeking coverage by way of the submittal of a NOI is
sufficient to prevent environmental degradation.
Section 4.12 Additional Requirement: EPCRA Section 313 Reporting
Comment: Many commenters supported removal of EPCRA Section 313
reporting requirements from the permit. Two commenters objected to
identifying areas with pollutants that must be reported under EPCRA
Section 313 and to develop appropriate storm water controls for these
areas.
Response: EPA acknowledges the general support for revisions to
this section. The intent of these modifications is to eliminate the
redundant requirements of the existing MSGP for permittees subject to
reporting requirements under Section 313 of EPCRA, which includes the
20+ categories of Toxic Release Inventory chemicals. The Agency
believes that the MSGP-2000 places no additional burden on facility
operators with TRI chemicals. Identification of EPCRA 313 chemicals in
the SWPPP acknowledges that these chemicals are pollutants of concern.
Facilities with any of these pollutants need to develop appropriate
storm water controls to contain them. As noted in the fact sheet, EPA
believes these concerns have been addressed through existing state and
federal requirements which can be referenced in the SWPPP.
Section 4.13 Public Availability for Review
Comment a: The public should be able to obtain access to and
comment upon a SWPPP and ``no exposure'' claim before they are
finalized.
Response a: EPA has, in response to this comment, included a
provision in the final permit requiring facility operators to make a
hard copy of their SWPPP available to the public when requested in
writing. EPA believes this requirement is an acceptable compromise
between the facility operator's concerns about having members of the
public at their site and the need of the public to understand potential
impacts on their environment. EPA does not receive SWPPPs routinely,
and, therefore, cannot make them available at its offices or provide
them to local government offices. As with the previous MSGP, members of
the public have the option of contacting the NOI Center or the Regional
EPA Storm Water Coordinators directly to inquire about a facility's
permit status.
EPA does not intend to require public comment on SWPPPs, nor
require public hearings, because SWPPPs are intended to be modified as
necessary to address changes at the facility or when periodic
inspections indicate that a portion of the SWPPP is proving to be
ineffective. Requirements for public comment and public hearings would
delay needed modifications to, not to mention development of, the
SWPPP, be burdensome and serve as disincentives to plan updates.
At any time the Agency can conclude that a facility is no longer
eligible for coverage under a general permit and require the facility
to apply for a general permit. In that event, there would be
significant opportunity for public input in the decision-making
process.
Comment b: The following should be available in paper copy and on
the web: NOI, SWPPP, and ``no exposure'' certification.
Response b: EPA has found that having a central location for
processing NOIs is an efficient and effective way of managing the
tremendous amount of data which the Storm Water program generates. Very
shortly, members of the public will be able to access information from
the NOI database online. The NOI database contains facility
information, including the type of industrial activity taking place,
facility contact information, and receiving water body information.
Also available online will be information on facilities that have
submitted ``no exposure certifications.'' Regarding SWPPPs, EPA does
not receive them routinely and, therefore, cannot make them available
on-line. EPA has, in response to this comment, included a provision in
the final permit requiring facility operators to make a hard copy of
their SWPPP available to the public when requested in writing. EPA
believes this requirement is an acceptable compromise between the
facility operator's concerns about having members of the public at
their site and the need of the public to understand potential impacts
on their environment.
[[Page 64784]]
Section 5.1 Types of Monitoring Requirements and Limitations
Comment a: A commenter requested language clarification for the
first paragraph under Part 5.1, Quarterly Visual Monitoring.
Response a: Quarterly visual monitoring is required for all
permittees covered under the MSGP. The visual inspection must cover all
outfalls at the facility from which there are storm water discharges
associated with industrial activity.
Comment b: A commenter indicated that Part 5.1.1.4 was clear
regarding the visual monitoring waiver for inactive and unstaffed
sites. However, it was unclear if a similar waiver for benchmark
monitoring applies to inactive and unstaffed sites.
Response b: EPA has clarified in Part 5 that a permittee may
exercise a waiver for benchmark monitoring at unstaffed and inactive
sites.
Section 5.3 General Monitoring Waivers
Comment a: Commenters supported the adverse sampling condition
waiver, as long as the permittee doubles sampling during the next event
or eliminates the substitute sampling requirement for areas with
extended frozen conditions.
Response a: EPA has decided to keep this temporary waiver, since
the main purpose of this specific waiver is to allow the permittees the
opportunity to take samples under no adverse nor threatening weather
conditions.
Comment b: Allow permittees to waive benchmark monitoring in years
2 and 4 of the MSGP-2000 with the result of the 1995-MSGP; waive
difficult logistical conditions or location access similar to those for
unstaffed/inactive facilities; and impractical sample collection at
large facilities.
Response b: Under Section 402 of the CWA, EPA is required to issue
permits which apply and ensure compliance with any applicable
requirements of sections 301, 302, 306, 307, and 403. Since these
permits are issued with fixed terms not exceeding five (5) years, EPA
needs to ensure that permittees continue to comply with applicable
requirements. EPA believes that benchmark monitoring is not overly
burdensome and provides useful information to the permittee and the
Agency. Therefore, EPA will require permittees covered under the
reissued MSGP to ensure continued compliance with permit conditions and
requirements. In addition, EPA has determined that the general
monitoring waivers provided in the previous permit are adequate, and
that additional waivers are not needed. With regard to problems
facilities encounter when monitoring their storm water discharges, such
as difficult logistical conditions, access to discharge locations or
impractical sample collection at large facilities, EPA recommends
permittees review the ``NPDES Storm Water Sampling Guidance Document''
which suggest solutions to these sampling problems.
Section 6.E Sector E--Glass, Clay, Cement, Concrete and Gypsum
Products
Comment a: Separate the concrete pipe manufacturing from the
cement, ready mixed and concrete block manufacturing sector.
Response a: Based on the characterization of the concrete pipe
manufacturing industry and the cement, ready mixed and concrete block
manufacturing industry, EPA has determined that the two industries are
similar and, thus, has retained the industrial sectors as described in
the 1995 permit.
Comment b: Section 6.E.3.1 of the draft permit was not reflective
of the September 30, 1998 modification.
Response b: The commenter is correct. The final permit has been
changed to reflect the September 30, 1998 modification which removed
the limitations of coverage for various industries. Paragraph 6.E.3 has
been removed and the remaining paragraphs have been renumbered
accordingly.
Section 6.F Sector F--Primary Metals
Comment a: Do not propose any new BMPs for the steel industry in
the MSGP-2000.
Response a: Similarly to the 1995 MSGP, the MSGP-2000 prefers the
implementation of structural and non-structural BMPs for stormwater
management from Primary Metals facilities. It is up to the individual
operators to decide which BMPs most effectively meet their needs. This
does not preclude the use of additional or new technologies should they
be found to be more effective in any given application.
Comment b: The BMPs provided at Parts 6.F.3.2 and 6.F.3.3 omit the
most obvious qualifier, which is that inventories of exposed material
and housekeeping should be mandated by the MSGP only where the exposed
materials have a potential to contact storm water that is discharged
from a point source to a water of the United States. In many cases, the
types of materials and activities discussed in the above referenced
parts occur in areas where precipitation is collected and contained,
and is not discharged. Thus, site inventories and BAT practices
discussed in these parts are not relevant except in areas where they
affect storm water discharges authorized by the MSGP. Parts 6.F.3.2 and
6.F.3.3 should be clarified (similarly to Part 6.F.3.1) with a
statement that these activities are required only in areas where such
activities could result in a discharge of pollutants to waters of the
United States.
Response b: One of the underlying premises of the MSGP is that if
there is a potential for contact between storm water and environmental
contaminants, then the facility should apply for coverage under the
MSGP. If there is no potential for contact, the facility may be able to
submit a ``no exposure'' certification form, and not be required to
obtain permit coverage. Where there is a potential for contact between
storm water and industrial activities and/or materials, then the
operator needs to obtain permit coverage and take appropriate measures
to mitigate the discharge of pollutants.
Comment c: Part 6.F.3.4 includes a requirement for inspections
performed under the 2000-MSGP to, among other things, evaluate air
pollution control equipment. This activity does not belong under the
MSGP. It is a Clean Air Act requirement and an activity performed under
each facility's Clean Air Act permit. Such inspections under the MSGP
are redundant, inappropriate and extend EPA's CWA authority into the
CAA. Inspections of air pollution control equipment should not be a
component of any SWPPP or compliance certification under the CWA.
Response c: EPA understands why inspection requirements which
routinely fall under the purview of one environmental program (in this
case the Air Program) would appear inappropriate under another
environmental program (in this case the Water Program). However, if one
looks at the potential sources of pollution at primary metals
facilities, one will soon discover that one of the principal sources of
contamination is from the air pollution control devices. The purpose of
the storm water regulations is to keep storm water from coming into
contact with any contaminants, regardless of the environmental media
from which it arose. If inspections are routinely conducted at a
facility pursuant to one environmental statute, that same inspection
will generally be accepted by another program. For example, if the
facility routinely inspects its air pollution control devices as a
requirement of its CAA permit, that
[[Page 64785]]
same inspection, with the possibility of a few additional observations,
e.g., to see if there is any evidence of run off, should also be
accepted as part of the SWPPP. The SWPPP can cross reference inspection
protocols for the CAA permit. Thus, EPA does not agree with the
commenter that these requirements are either redundant, inappropriate
or extend EPA authority.
Section 6.G. Sector G --Metal Mining (Ore Mining and Dressing)
Comment a: Include Table G-4, published in the August 7, 1998
modifications, in MSGP-2000. Also, table titles in this section are
confusing since they appear to imply that effluent guideline
limitations apply to waste rock and overburden piles.
Response a: We have included the revised table G-4 from the August
7, 1998 modification in the fact sheet for today's permit. The titles
of tables G-1 and G-2 are consistent with the titles in the other
sectors of the final permit. All monitoring tables in Part 6 of the
permit are titled ``SECTOR-SPECIFIC NUMERIC LIMITATIONS AND BENCHMARK
MONITORING.'' The Agency doesn't not believe that this title is
misleading because each table contains a column labeled ``Numeric
Limitation'' which either contains a numerical value or is blank. For
those Sectors where there are no values listed in the numeric
limitation column it is clear that numeric limitations do not apply.
EPA recognizes that benchmark concentrations are not effluent
limitations and is provided specific language in the permit to that
effect.
Comment b: The commenter opposes EPA's disallowance of sampling
waivers from monitoring requirements for waste rock and overburden
piles. Another commenter argued that another waiver based on ``not
present or no exposure'' had also been deleted. A third commenter noted
that monitoring requirements were also inconsistent with the 1998
permit modifications.
Response b: The restriction on sampling waivers was not intended to
exclude the ``Adverse Climatic Conditions Waiver'' in Part 5.3.1 of the
permit. The final permit has been revised to correct this error. Also,
Part 6.G.7.2 has been modified to reflect that the monitoring
requirements only apply to discharges from active ore mining and
dressing facilities and that these requirements remain unchanged from
the 1998 permit modification. The second waiver in Part 5.3 which is
based on ``not present or no exposure'' was not part of the August 1998
notice, and was not intended for sector G facilities.
Comment c: The limitation on coverage for adit drainage and
contaminated springs or seeps should be modified to exclude only those
that do not result from precipitation events. The proposed
Certification of Discharge language is confusing since it implies an
obligation for testing or evaluation of mining-related discharges that
are composed entirely of non-storm water covered by an NPDES permit.
Response c: Adit drainage and contaminated springs and seeps are
discharges that originate below the surface of the ground. Often they
discharge during dry periods and, while in some instances these flows
may increase in response to a storm event, they may continue to flow
well after the precipitation has ended. Therefore, EPA has determined
that the restriction (i.e., prohibition) for MSGP coverage of
discharges from adit drainage, contaminated springs and seeps should
remain as proposed.
The ``Certification of Discharge Testing'' language has been
modified to clarify that certification must be provided to show that
any mining-related discharge has been ``tested or evaluated for the
presence of non-storm water discharges.'' Additional wording has been
added to Part 6.G.6.1.6.6 to make it consistent with the language in
the 1995 MSGP.
Comment d: Provide guidance in Section 6.G.6.1.6.6 on what type of
test should be performed.
Response d: The language has been modified to allow for a
certification based on ``tested or evaluated'' information. Additional
wording has been added to Part 6.G.6.1.6.6 to make it consistent with
the language in the 1995 MSGP.
Comment e: The definition of ``reclamation phase'' is inconsistent
with most state programs.
Response e: The definition of the three general phases of mining
was taken from the fact sheet to the 1995 MSGP. The intent was to
recognize that ``mining'' is comprised of several distinct activities,
not to set a standard for each phase. EPA acknowledges that reclamation
requirements are typically set by state programs, and therefore the
permit language defining the reclamation phase has been modified to
reflect other post-mining land uses.
Comment f: In reformatting the permit language, EPA introduced new
requirements which are inconsistent with the settlement EPA reached
with NMA in 1998.
Response f: The draft MSGP-2000 intended to incorporate all the
requirements from the 1998 notice resulting from the settlement with
NMA. However, in making the changes and converting to a more
``readable'' format some unintended errors occurred. The revisions to
the monitoring requirements have been made so the final permit language
is consistent with the 1998 Federal Register publication (63 FR 42534,
Aug 7, 1998).
Comment g: Delete the phrase ``directly or indirectly'' from
coverage of ``storm water discharges that have come into contact
(directly or indirectly) with any overburden, raw material,
intermediate product* * *'' since it is inconsistent with prior
versions of the permit.
Response g: The storm water regulations (Section
122.25(b)(14)(iii)) require permit coverage for ``facilities that
discharge storm water contaminated by contact with or that has come
into contact with, any overburden, raw material, intermediate products*
* *'' When revisions were made to the draft MSGP 2000 language to make
the permit more ``readable,'' some of the words were changed. In order
to be consistent with the storm water regulations, the permit language
has been revised. The words ``come into contact (directly or
indirectly)'' have been deleted and replaced with ``contaminated by
contact or that has come into contact.''
Comment h: EPA was incorrect in stating that all facilities
permitted in this sector are ``no discharge'' facilities.
Response h: The monitoring discussion in the Fact Sheet to the
permit is a summary of the data available at the time the draft permit
was published for public comment. The main focus of the summary was on
data from the second year of permit coverage. Of those sector G
facilities that submitted information in year 2 of the permit none of
them reported a discharge. The 1998 MSGP modification which reflected
the settlement with NMA and added monitoring requirements for sector G
was much later in the permit term. The final fact sheet language has
been changed to recognize the later data and discharge status of sector
G facilities covered by the permit.
Comment i: Water technically qualifying as mine drainage but which
meets all applicable surface water quality standards should be approved
for use in lieu of fresh water for dust control on roads at mine sites.
Response i: The quality of the mine drainage can change from source
to source and over time within the same mine. The MSGP would need to
specify a process (e.g., monitoring frequency) to ensure that the
quality of the mine
[[Page 64786]]
drainage is protective of water quality. This type of facility specific
considerations and potential monitoring requirements would be better
addressed under an individual permit issued to the facility.
Sections 6.G and 6.J Construction Requirements for Sector G--Metal
Mining and Sector J--Mineral Mining
Comment a: Commenters questioned why EPA was requiring coverage
under a construction general permit for earth disturbing activities
during the ``exploration and construction phase'' of a mining
operation.
Response a: This requirement was originally contained in the 1995
MSGP Fact Sheet for Sector J (it was inadvertently not duplicated in
the metal and coal mining [Sector G] sectors). It therefore represents
a clarification or technical correction to the original MSGP. To
clarify the applicability of the MSGP regarding construction activity
at metal mining sites and to make metal mining requirements consistent
with mineral mining provisions (Sector J), Sector G has been modified
to indicate that earth-disturbing activities occurring in the
``exploration and construction phase'' of a mining operation must be
covered under EPA's Construction General Permit (63 FR 7858, February
17, 1998) or under an individual permit if the area disturbed is one
acre or more. Earth-disturbing activities during exploration/
construction affecting less than one acre must be covered under the
MSGP-2000. If permittees then opt to actively mine the site they are
required to transition to the MSGP-2000 (they should terminate their
coverage under the CGP, but there is no requirement to do so). This
procedure removes commenters' ``dual-permit requirement'' fear. Once in
the active phase, any subsequent mine enlargement would be covered
under the MSGP-2000. All phases of a mining operation must be covered
which includes the ``reclamation phase.'' EPA believes the appropriate
level of environmental protection for initial land-disturbing mining
activities is a construction permit. SWPPP requirements under a
construction permit are more effective for the often temporary
conditions found during the initial phase versus that which would be
appropriate for a more permanent mining operation. Many of the BMPs and
other SWPPP requirements of the Construction General Permit could be
incorporated in the MSGP-2000 SWPPP, thereby minimizing any duplicative
efforts.
Comment b: For Sector J for Region 9, the proposed MSGP only
authorized mine dewatering discharges from crushed stone, construction
sand and gravel, and industrial sand mines in Arizona. For Regions 1,
2, 6, and 10, coverage was proposed throughout the areas of these
regions covered by the MSGP. Expressions of interest in MSGP coverage
for these discharges have been received for other areas, such as Indian
country in Nevada and California.
Response b: For consistency with the other regions, coverage for
the discharges has been extended throughout the areas of Regions 3, 8
and 9 covered by the permit, provided the dischargers meet all other
permit eligibility requirements.
Section 6.I Sector I--Oil and Gas Extraction
Comment: One commenter expressed concern that while refineries were
covered under Sector I--Oil and Gas Extraction, refining was not
usually considered ``oil and gas extraction'' and the title of Sector I
could thus cause refinery operators to overlook permit conditions that
could apply to them.
Response: EPA welcomes this suggestion to make the permit easier to
use and the title for Sector I has been changed to ``Oil and Gas
Extraction and Refining'' in Table 1-1 and in Part 6.I. Note however,
that any storm water at a refinery that is subject to storm water
effluent limitation guidelines at 40 CFR 419 is not eligible for permit
coverage.
Section 6.R Sector R--Ship and Boat Building or Repair Yards
Comment: One commenter requested that the provisions of part
6.R.4.3.1. be clarified to note that pressure washing to remove paint
would require a separate NPDES permit.
Response: EPA agrees that if pressure washing occurs to remove
paint, the discharge of that wash water would require separate NPDES
permit coverage. EPA also intends for the discharge of wash waters
removing marine growth to be permitted separately. The source of the
discharge is not storm water and, as a general rule, the MSGP only
authorizes the discharge of storm water. The non-storm water discharges
that are authorized by the MSGP are a specific list found in Part
1.2.2.2. of the permit and the list does not include pressure wash
waters.
Section 6.S Sector S--Air Transportation
Comment: Commenters had concerns regarding the execution of site
compliance evaluations and inspections of deicing areas. They also
requested EPA to limit the inspection obligation to once per month
during periods of deicing operations.
Response: The MSGP-2000 has been clarified to state that compliance
evaluations shall be conducted during a period when deicing activities
are likely to occur (vs. a month when deicing activities would be
atypical or during an extended heat wave), not necessarily during an
actual storm or when intense deicing activities are occurring. This
requirement is not seen as onerous, as EPA believes that most weather
conditions can be reasonably anticipated and the evaluation can be
planned for. EPA generally agrees that regularly scheduled, monthly
inspections of deicing areas during the deicing season (e.g., October
through April) are sufficient at airports with highly effective,
rigorously implemented SWPPPs. However, if unusually large amounts of
deicing fluids are being applied, spilled or discharged, weekly
inspections should be conducted and the Director may specifically
require such weekly inspections. In addition, personnel who participate
in deicing activities or work in these areas should, as the need
arises, inform the monthly inspectors of any conditions or incidents
constituting an environmental threat, especially those needing
immediate attention. EPA requires permittees to record, to the best of
their ability, the quantity of all deicing chemicals applied on a
monthly basis (not just glycols and urea, e.g., potassium acetate), as
discharges of large quantities of these chemicals can have an adverse
impact on receiving waters. The capability to record usage of chemicals
should not depend on the type of chemical used. EPA never intended to
provide a comprehensive list of technologies and BMP options for
airport operators to consider, nor to provide a discussion of the
relative merits of each. EPA's discussion was simply an introduction of
the many options available and was intended to stimulate thought on the
variety of BMPs available. EPA intends that storm water personnel use
their best professional judgment to select site-appropriate measures
for inclusion in their SWPPPs. For a more thorough source of
information on deicing fluid control and airport deicing operations in
general, stakeholders can check the EPA publication ``Preliminary Data
Summary, Airport Deicing Operations'' at http://www.epa.gov/ost/guide/airport/index.html.
Section 6.T Sector T--Treatment Works
Comment: Clarify that treatment works smaller than 1.0 MGD are not
[[Page 64787]]
defined as industrial activities and, therefore, are not subject to the
permit.
Response: The final permit language has been modified to be
consistent with the industrial definition of Sec. 122.26(b)(14)(ix).
The requirements of Sector T are intended to apply only to those
treatment works with a design flow of 1.0 MGD or more, or required to
have an approved pretreatment program.
Section 8 Retention of Records
Comment: Clarify the Retention of Records language.
Response: EPA has clarified the Retention of Records language used
in this permit. Part 8.1 states that the permittee will retain, for
three (3) years after the permit expires or is terminated, the SWPPP
and all documents/reports needed to complete their Notice of Intent
form. In addition, Part 9.16.2.1 addresses the retention of records for
the permit monitoring requirements for three (3) years from the date of
sample, measurement, evaluation or inspection, or report. Permittees
are required to submit Discharge Monitoring Reports for compliance and/
or analytical monitoring.
Section 9 Standard Permit Conditions
Comment a: Several comments were received on Part 9.12.1 for
requiring coverage under an individual permit or an alternative general
permit. Commenters suggest that the permittee be allowed to appeal a
Director's decision; provide for determination of non eligibility and
semblance of surety available by a permittee who demonstrates
eligibility and compliance with the MSGP; and authorize automatic
transfer provided all storm water permitting conditions and obligations
are met.
Response a: EPA may modify, revoke and reissue, or terminate a
permit during its term. Causes for modification, revocation and
reissuance, and termination are set forth in 40 CFR Sec. 122.62 and
122.64. Specific causes may include: noncompliance by the permittee
with any condition of the permit; failure in the application or during
the permit issuance process to disclose fully all relevant facts;
determination that the permitted discharge endangers human health or
the environment and can only be regulated to acceptable levels by
permit modification or termination; or there is a change in any
condition that requires either a temporary or a permanent reduction or
elimination of any discharges controlled by the permit. In addition,
EPA recently published a final rule which revises certain regulations
pertaining to the NPDES program, including the procedures for appealing
an EPA determination on NPDES permits. See Amendments to Streamline the
National Pollutant Discharge Elimination System Program Regulations;
Round II, 65 Fed. Reg. 30886 (May 15, 2000). Included in the rule are
revisions to the permit appeals process that replace evidentiary
hearing procedures with direct appeal to the Environmental Appeals
Board (EAB). The website for the EAB is ``http://www.epa.gov/eab/''.
The webpage has a frequently asked question section, ``http://
www.epa.gov/eab/eabfaq.htm''. Questions 1 through 9 deal with filing
issues, which the commenter can refer to for instructions on how to
proceed in filing an appeal with EAB. EPA does not allow automatic
transfer from individual permits into other individual or general
permits since EPA needs to maintain adequate records of permittees and
make periodic evaluations of the adequacy of their measures to comply
with permit requirements.
Comment b: EPA should extend coverage to facilities wishing to
apply after the expiration date of the MSGP until the permit is
reissued.
Response b: Where EPA fails to reissue a permit prior to the
expiration of a previous permit, EPA has the authority to
administratively extend the permit for facilities already covered.
However, EPA does not have the authority to provide coverage to ``new''
facilities seeking coverage under an expired permit. This concern is
not applicable in this instance to the MSGP since the MSGP-2000 was
issued before the MSGP-1995 expired.
Section 13 Permit Conditions Applicable to Specific States, Indian
Country Lands
Comment: The Agency should not require compliance with provisions
of state rules that it cannot specifically identify. For example, EPA
requires compliance with state anti-degradation provisions. The Agency
provides no assistance with regard to how a small business might
somehow ascertain what those provisions are, who has them, and how they
might apply to the facility's discharge. See 65 Fed. Reg. at 17021. The
Agency must specify precisely how a company would obtain appropriate
data and how it should apply that data to its operations. Without this
necessary guidance, this new provision should be removed from the final
permit.
Response: The permit states that discharges are not covered if they
violate, or contribute to the violation of, a state water quality
standard. An anti-degradation policy is one component of a state's
water quality standards program. The permittee is responsible for
checking to ensure compliance with these provisions. Facility operators
can check with the EPA official listed in this permit to obtain the
name of the appropriate state contact.
Section I.A General Opposition to Proposed Changes
Comment: A commenter objected to several of the proposed
modifications to the ``Limitations on Coverage'' provisions in the
Proposed MSGP-2000, including the proposed revisions to the Endangered
Species Act requirements (Section 1.2.3.6), the addition of the
antidegradation provision (Section 1.2.3.9), the addition of the
impaired waters and TMDL provisions (Section 1.2.3.8), and the addition
of the compliance with water quality standards provisions in Section
3.3.
Response: The Agency acknowledges the comment. Justifications for
each of the positions cited by the commenter are provided in the fact
sheet accompanying the permit. Specific objections to these provisions
are addressed elsewhere in the comment response document.
Section I.B General Support to Proposed Changes
Comment a: Several commenters supported EPA's continued use of a
general NPDES permit for regulating storm water discharges associated
with industrial activity. The commenters indicated that this was an
efficient and effective means for achieving the goals of the Clean
Water Act.
Response a: EPA agrees with the commenters regarding the
appropriateness of general permits for the majority of industrial storm
water discharges. The issuance of the final MSGP is consistent with
these comments.
Comment b: A commenter supported the proposal to authorize
incidental windblown mist discharges from cooling towers as an
authorized non-storm water discharge under the MSGP.
Response b: These discharges are included in the final MSGP
consistent with the recommendation of the commenter.
Comment c: A commenter supported the provision in the proposed MSGP
to allow termination of permit coverage based on the ``no exposure
exemption'' (40 CFR 122.26(g)) provided under EPA's Phase II storm
water regulations of December 8, 1999 (64 Fed. Reg. 68722).
Response c: Although the no exposure exemption would be available
whether or not it is specifically included in the
[[Page 64788]]
MSGP, EPA has retained the provision in the final MSGP to highlight its
availability for those facilities which qualify.
Section I.C Fact Sheet
Comment a: It is imperative that EPA conduct an environmental
justice analysis for the MSGP to ensure that the permit is consistent
with the goals of EPA's Environmental Justice Strategy of April 3,
1995, the President's 1994 Executive Order on Environmental Justice and
Title VI of the Civil Rights Act. The notice of intent (NOI) must
include demographic information. EPA must seek comments of minority and
low-income communities regarding the MSGP.
Response a: EPA disagrees with the commenter that an environmental
justice analysis is necessary prior to the reissuance of the MSGP.
Regarding Title VI requirements, EPA has recently proposed guidance (65
Fed. Reg. 39649, June 27, 2000) for assisting recipients of Federal
funding which administer environmental programs (such as state
environmental agencies), as well as guidance for investigating alleged
disparate environmental impacts stemming from permitting programs
administered by these agencies. The guidance is also appropriate for
EPA permits, such as the MSGP.
The Title VI guidance encourages permitting authorities to
integrate environmental justice into their permitting programs.
However, an environmental justice analysis is not required for every
permit issued by a state permitting authority or by EPA. No information
was provided by the commenter that a disparate impact on minorities
would exist as a result of the MSGP. The MSGP includes numerous
effluent limitations and other conditions which should be protective of
water quality for all neighborhoods in which permitted facilities are
present. EPA does intend to integrate environmental justice
considerations explicitly into its permitting programs as outlined in
the Title VI guidance. However, this will likely be a longer term
process (extending beyond the time frame for reissuance of the MSGP)
given the many complexities of the issue.
EPA's Environmental Justice Strategy of April 3, 1995 (developed
pursuant to the President's 1994 Executive Order) has similar goals as
Title VI of the Civil Rights Act. Again, however, an environmental
justice analysis is not required for every permit issuance. The
integration of the goals of the Environmental Justice Strategy into the
NPDES permit program will also take time given the many complexities of
the environmental justice issue.
EPA is committed to implementing the Executive Order on
Environmental Justice. As a practical matter, environmental justice
concerns are community specific. EPA will work with a specific
community that may express concerns related to a specific source or
other environmental burdens. If and when a community raises such
issues, EPA can then consider a proper course of action. In the case of
the MSGP which will largely permit existing facilities, EPA will engage
the community that has raised the issue and, if appropriate, work with
the State and local agencies to address their concerns. If violations
of any applicable standards are identified, EPA can pursue possible
enforcement actions. The MSGP also provides that an alternate general
permit could be issued for any geographic area which may be identified
in the future as subject to disparate environmental impacts.
EPA has public noticed its intent to reissue the MSGP and has
requested comments throughout the areas potentially affected by the
permit, including areas where minority and low-income communities are
present. EPA believes that its outreach activities have been sufficient
for the permitting action which was proposed. However, EPA's
Environmental Justice Strategy also provides for additional outreach
activities in the future which may include outreach to minority and
low-income communities specifically regarding the MSGP.
EPA disagrees that demographic information should be required with
the NOI. The NOI does include location information for industrial
facilities seeking coverage under the permit. Using this information it
is possible to locate facilities covered by the permit relative to the
locations of different demographic groups. As such, it is not necessary
for the NOI to include demographic information.
Comment b: A commenter expressed concern that some non-storm water
discharges may be improperly characterized as storm water by certain
facilities. The commenter recommended that EPA carefully review permit
applications and conduct inspections to ensure that such discharges are
treated as point source discharges and not covered by the MSGP.
Response b: Point source discharges would violate the Clean Water
Act unless they are authorized by a separate NPDES permit. The MSGP
also requires that operators review their facilities for the presence
of unpermitted non-storm water discharges which are not authorized by
the MSGP. When such discharges are located, the MSGP requires that the
discharges be permitted or terminated. This requirement should minimize
the possibility that inappropriate non-storm water discharges are
discharged under the MSGP. As recommended by the commenter, EPA does
conduct periodic inspections of facilities permitted under the NPDES
permit program to evaluate the compliance status of a facility with the
requirements of the Clean Water Act, including the presence of any
unpermitted discharges. Although the permit application for the MSGP
(the notice of intent) does not specifically address the issue of non-
storm water discharges, EPA believes that the other requirements of the
MSGP, along with EPA's inspection program, adequately address the
commenter's concern.
Section II.A Organization and Clarity
Comment a: Virtually all commenters supported EPA's effort to make
the MSGP smaller and easier to understand. Several comments did express
concern that the reorganization and clarification of the permit may
have resulted in some substantial changes in permit requirements that
may not have been identified and explained in the preamble to the
proposed permit. The issue of whether or not explanation and guidance
contained in the 1995 MSGP preamble could still be relied upon was also
raised.
Response a: EPA went to great lengths to make the permit shorter
and easier to understand and believes all substantive changes were
identified and discussed in the preamble to the proposed permit.
Responses to specific comments on areas where a commenter felt that
adequate explanation for changes was not included in the proposal are
provided in responses to that comment. With regard to the more specific
explanation of sector-specific activities, etc. in the preamble to the
1995 MSGP, this information was incorporated by reference into the
proposal of today's permit and may still be relied upon to the extent
it does not conflict with the MSGP-2000 documents or is superceded by
later guidance. Commenters noted several instances where EPA
unintentionally changed requirements through the reformatting. EPA has
corrected the permit and identified these instances throughout the
comment response document.
Comment b: Based on EPA's use of incorporation by reference in the
proposed permit's preamble to avoid reprinting material from the 1995
MSGP's preamble, one commenter expressed concern that the requirement
[[Page 64789]]
in Part 4.7 to have a copy of the final permit with the Storm Water
Pollution Prevention Plan would be difficult if the entire permit was
not in a single package. This commenter also was concerned that
references to multiple Internet sites for more information would
further compound this problem. The commenter further suggested that a
copy of the permit and relevant guidance be included with the NOI
``confirmation'' letter sent by EPA in response to a complete NOI.
Another commenter supported making all relevant information available
in a single document.
Response b: The entire permit, appropriate addendums, the preamble
``fact sheet,'' and comment response summary are being published today
in the Federal Register and will, therefore, be easily available from
several Internet sites and from Federal Depository Libraries. The
information not repeated in the proposed permit notice was primarily
background and fact sheet information from the preamble to the 1995
MSGP. While the preamble and response to comments sections of the final
permit notice will undoubtedly be valuable to many permittees, the Part
4.7 requirement to have a copy of the permit language with the Storm
Water Pollution Prevention Plan refers only to the permit language
itself, including addendums. Based on experience with the previous
permit, EPA believes the benefits of keeping the size and complexity of
the permit to manageable (i.e., less intimidating, easier to use) level
far outweigh the benefit of making all supporting and guidance
information, much of which will apply to only a small portion of
potential permittees, available in a single document. EPA does expect
that for convenience, many permittees will simply attach a copy of the
entire Federal Register notice of the final permit to comply with Part
4.7.
EPA believes the references throughout the permit and preamble to
various Internet sites is a sensible alternative to publishing
information, only a small part of which may apply to any one facility
or which will be changing over time and quickly become outdated. For
example, due to periodic updates that must be made to the endangered
species list based on new species being listed or old ones delisted,
the county-species list was not published with the final permit. This
omission saves tax dollars on publication, keeps the size of the permit
package down (the current list would double the size of the permit
while any one facility only needs to look at a page or so of
information), and avoids the inadvertent use of an outdated species
list that could result not only in failure to consider potential
adverse effects on an endangered species, but also negate a
discharger's permit coverage. EPA relies heavily on electronic
distribution of documents and guidance, but will be able to provide
hard copy or telephone-based information to those who have no access to
the Internet or Federal Depository Libraries.
As noted above, the complete permit has been printed and EPA
intends to make guidance available, primarily through the Internet. The
suggestion to include a copy of the permit and guidance with the NOI
``confirmation'' letter is impractical since most of this information
would have been necessary to develop the Storm Water Pollution
Prevention Plan that must be developed before the NOI can be submitted.
Section III Geographic Coverage of Proposed MSGP
Comment: Several commenters and attendees of meetings on the
proposed permit identified an inconsistency between Part 6.J.3 of the
permit, where mine dewatering discharges from construction sand and
gravel, industrial sand, and crushed stone mines were apparently
eligible only in Arizona and both the previous permit and the preamble
to the proposed MSGP-2000 where such discharges were also eligible in
all of the permits for Region 1, 2, 6, and 10. One commenter referred
to pages 17025 and 17034 of the preamble to the proposed permit in
support of their belief that the proposed permit had been intended to
provide coverage in Regions 1, 2, 6, and 10 and in Arizona.
Response: The typographical error in Part 6.J.3 has been corrected.
As supported by item 4 on page 17025 and item 2 on page 17034 of the
Federal Register notice of the proposed permit (65 FR 17025 and 17034),
coverage for mine dewatering discharges from construction sand and
gravel, industrial sand, and crushed stone mines in not only Arizona,
but also Regions 1, 2, 6, and 10 was intended.
Section V.A Historic Preservation
Comment a: It would be more in keeping with balancing the agency's
CWA mandate and NHPA obligation to not preclude general permit coverage
for those discharges that may affect historic properties. Instead,
require the general permittee to notify the agency of the existence of
a listed historic property that will be affected along with any
preventive or mitigation measures, if necessary, that it plans to
implement. EPA could then decide if any further consideration or action
is warranted, including any comment by the Council. The obligations
established under Sec. 106 are placed upon the agency, not on the
permittee.
Response a: EPA agrees and acknowledges that NHPA Section 106
imposes obligations only on federal agencies and not on third parties.
EPA's action in issuing permits, however, triggers NHPA Section 106. In
order to issue a general permit, EPA included historic preservation-
related application and eligibility provisions in order to ensure that
it could ``filter'' out permitting activities that might otherwise
trigger advanced procedures under NHPA Section 106. Section 110(k) of
the Act prohibits a Federal agency from granting a loan, loan
guarantee, permit, license or other assistance to an applicant who
intends to avoid requirements of section 106 (64 FR 95 May 18, 1999).
To meet this responsibility, EPA requires the applicant to do one of
the following: (1) Determine that historic properties are not in the
path of permit activities, (2) determine that permit activities have no
impact on historic properties, or (3) the permittee reaches agreement
with appropriate authorities on measures to mitigate or prevent adverse
effects. Thus, it is quite possible for facilities having an impact on
historic properties to be covered by the MSGP. Authorization to
discharge under the MSGP is a privilege, not a right, which carries
with it certain procedural and timing advantages for the permittee.
Therefore, it is incumbent upon the permittee, not EPA, to conduct
whatever investigations and consultations are necessary consistent with
EPA's obligation to satisfy NHPA provisions.
Comment b: The notice states that the provisions in Part 1.2.3.7,
are ``likely to change as a result of consultations'' under the NHPA.
The procedures set forth in Addendum B are described as being
``models'' of what the NHPA guidance ``may look like.'' These
provisions are critical for permittees to determine their eligibility
for coverage under MSGP-2000, and any substantive changes in these
areas should be subject to review and comment by the regulated
community before they are adopted.
Response b: There are no changes to these provisions as a result of
NHPA consultations.
Comment c: Part 2.1.2.2, which deals with discharges that are
authorized under the 1995 MSGP, but not clearly eligible for coverage
under this permit, does not allow adequate transition time for those
permittees who do not have up-to-date determinations pursuant to the
NHPA.
[[Page 64790]]
Response c: Within 90 days the permittee must apply for MSGP
coverage and certify his compliance with other permit provisions. He
then has up to 180 additional days of interim coverage under the MSGP
while he conducts the consultation and determines whether he meets the
criteria for coverage under the MSGP. EPA believes that 270 days is a
sufficient period to conduct and conclude this consultation and take
whatever action is necessary to ensure continued permit coverage.
Comment d: EPA states that, ``For existing dischargers * * * a
simple visual inspection may be sufficient * * * '' (emphasis added).
This statement is somewhat disingenuous because a ``simple visual
inspection'' is rarely sufficient to determine historic eligibility of
an area because many historic resources are often located underground.
EPA should provide reasonable guidance worded specifically to shield
permittees from liability.
Response d: EPA believes that, for existing dischargers who do not
need to construct BMPs for permit coverage, a simple visual inspection
may be sufficient to determine whether historic properties are
affected. However, for facilities which are new industrial storm water
dischargers and for existing facilities which are planning to construct
BMPs for permit eligibility, applicants should conduct further inquiry
to determine whether historic properties may be affected by the storm
water discharge or BMPs to control the discharge. In such instances,
applicants should first determine whether there are any historic
properties or places listed on the National Register or if any are
eligible for listing on the register (e.g., they are ``eligible for
listing''). Thus, the Agency does not imply that a visual inspection is
always sufficient. In instances of uncertainty, the permittee is
encouraged to consult with authorities who can advise on the likelihood
of historic properties above or below ground.
Given the Agency's obligation to comply with the NHPA and its
efforts to coordinate that obligation with the implementation of
general permits, the historic preservation-related eligibility
restrictions cannot provide an ironclad shield from liability. The
permit guidance provides a common sense approach to an historic
property assessment. Facility operators are encouraged to consult with
local authorities who can advise on the likelihood of historic
properties at the facility.
Comment e: Portions of the text are reproduced and other portions
not reproduced in columns 1 and 2 of page 17018 of the notice. See 65
F.R. at 17018. Due to this problem, the commenter is unable to provide
any comments on EPA's proposed new changes to the MSGP since he is
uncertain what EPA intends or proposes. The commenter suggests that EPA
fix the language related to the proposed MSGP and re-issue that
correction for public review and comment.
Response e: EPA apologizes for the typing error which resulted in a
number of sentences being listed twice on p. 1018. Despite this
confusion, EPA believes the intent of the section is clear and does not
require reproposal.
Section V.B Endangered Species
Comment a: The term ``unacceptable effects'' is used almost
interchangeably with ``likely to adversely affect'' (See 65 Fed. Reg.
17051), which is similarly undefined in the permit and in pertinent
regulation. The correct term for purposes of ESA compliance is the ``no
jeopardy'' standard set forth in Section 7 of the ESA (17 U.S.C
Sec. 1536(a)(2)).
Response a: EPA agrees with the commenter regarding the term
``avoid unacceptable effects.'' Therefore, EPA has deleted the term and
uses the ``no jeopardy'' language as stated in part 1.2.3.6.6.
Comment b: The definition of ``discharge-related activities'' is so
all-encompassing that it could include virtually all activities at a
mine, from drilling and blasting to loading, hauling and dumping and
equipment maintenance, in addition to any activities that are part of a
Storm Water Pollution Prevention Plan (SWPPP). There is no
justification for a requirement to certify ESA compliance for all of
these activities in order to obtain coverage under the MSGP. This
requirement clearly exceeds EPA's authority under the Clean Water Act.
Response b: The endangered species provision covers only those
activities that are associated with storm water industrial activity.
The phrase ``discharge-related activities'' is intended to clarify that
EPA considers a broad range of activities related to storm water
discharges to be covered by the permit and, therefore, subject to ESA
and NHPA provisions. This broader list of activities could result in
environmental impairment if not addressed through a SWPPP. Since the
permit covers this broad range, and EPA's permit authority is subject
to ESA provisions, then this broader range of activities is subject to
the ``no jeopardy'' finding. BMPs, whether already in place or added,
which serve to satisfy the criteria for coverage under the MSGP, are
thus subject to the endangered species provisions.
Comment c: While transitional discharge authorization is available
for up to 270 days from the date of publication of the permit in the
Federal Register, that transitional coverage is only available if the
permittee submits an application for an alternative permit (most likely
an individual permit) within 90 days after publication. Since formal
Section 7 consultation is nominally a 135-day process (as stated in the
Construction General Permit, see 63 Fed. Reg. 7872), permittees, in
order to ensure continuous coverage, would be required to prepare and
submit an application for an individual permit before they knew whether
they were eligible for coverage under MSGP-2000. This is an unnecessary
burden, on both the permittee and the agency. EPA should extend these
time limits--for submission of an application for an alternative permit
to 180 days, and for transitional coverage to one year.
Response c: EPA will retain the requirement that all applicants
must submit their Notice of Intent (NOI) in 90 days. Those applicants
who are entering into endangered species consultations or adverse
impact investigations could apply for extensions up to 180 days and be
covered by an interim permit until their application is completed. EPA
believes that 270 days is a sufficient period to conduct and conclude
this consultation and take whatever action is necessary to ensure
continued permit coverage. The County Species list is available on
EPA's web site or by contacting a local official. EPA will update its
web site list every 90 days.
Comment d: EPA indicates that the proposed species-related
requirements could change, before final issuance, based on consultation
with the Fish and Wildlife Service. The public will not have an
opportunity to participate in that process, including through
commenting on any additional requirements suggested by the Service. If
the Service does suggest any substantial changes in MSGP-2000, the
public should have an opportunity to review and comment on those
changes before EPA makes a decision as to whether to incorporate them
into the final permit.
Response d: There are no changes to these provisions as a result of
NHPA and ESA consultations, except that, based on comments to the
proposed permit, EPA has deleted the inclusion of proposed species on
the endangered species list.
[[Page 64791]]
Comment e: The duty triggered by the section of the Endangered
Species Act (ESA) upon which EPA relies falls not upon the discharger
but upon EPA. Thus under EPA's proposal, it would be EPA's duty to
assess the impact of each discharger applying for coverage, and if this
provision is not removed, EPA loses the benefit of the general permit.
The action of adopting the general permit itself triggers EPA's duty,
and so EPA, not the discharger, must assess ESA impacts now, not after
the fact of the permit.
Response e: EPA is bound by the ESA and attempted to coordinate
general permit implementation with its ESA obligations. Authorization
to discharge under the MSGP is a privilege which carries with it
certain procedural and timing advantages for the permittee. Therefore,
it is incumbent upon the permittee, not EPA, to conduct whatever
investigations and consultations are necessary to satisfy the ESA-
related eligibility provisions. Since EPA cannot predetermine which
facilities will apply for coverage under the MSGP, it is impossible for
EPA to conduct the site-specific assessments required under the ESA at
the time of general permit issuance.
Comment f: Despite previous consultation on the problems of earlier
MSGP drafts, certain problems persist, including the gray area language
that has fueled citizen suits against permittees. Not only has the
agency failed to adequately address this issue, it has increased the
liability potential by increasing the requirements for permittees to
comply with other agency rules. EPA should clarify language to
eliminate the potential for liability for permittees and should reduce
the cost and paperwork burdens for compliance with ESA and NHPA.
Response f: Given the operation of the regulatory innovation, the
``general permit,'' EPA cannot provide an ironclad shield from
liability in the way the commenter proposes. The permit guidance
provides a common sense approach to endangered species and historic
property assessments. Facility operators are encouraged to consult with
local authorities who can advise on the likelihood of endangered or
threatened species, critical habitat, or historic properties at the
facility. EPA believes the additional burden associated with the
expanded NOI form is minimal because permittees are required to make
the findings which are reflected on the form. The additional
information provides greater assurance that the assessment has been
conducted, but does not in itself constitute the requirement for the
assessment. EPA acknowledges that, until such time as the revised form
has been cleared by OMB, permittees will continue to use the current
NOI form (as modified slightly to conform to changes made elsewhere to
the permit).
Comment g: The endangered species section of the permit relating to
endangered species is cumbersome and appears to go beyond the intent of
the Clean Water Act and beyond the EPA's authority set in the CWA.
Response g: EPA acknowledges the comment, but disagrees. EPA
believes these provisions are essential to carry out its responsibility
not to issue a permit which could jeopardize an endangered or
threatened species, or critical habitat. EPA has consulted with the
U.S. Fish and Wildlife Service and the National Marine Fisheries
Service to ensure compliance with the Endangered Species Act. The
``discharge-related activities'' restriction on eligibility also
implements the Agency's obligations under NHPA Section 106.
Comment h: The permit should clarify that coverage of the MSGP, and
certification by the permittee, need address only new impacts resulting
from new changes in operations for which discharges are covered and
authorized by the MSGP. In other words, the ``baseline'' for assessment
of effects or impacts should be the date of reissuance of the MSGP or,
if later, initiation of new activities to be covered by the MSGP.
Response h: All activities covered by the permit, whether new or
existing, are subject to the provisions. It is inappropriate to
interpret that these provisions apply only to new activities.
Comment i: The endangered species section suggests that a potential
permittee utilize ``due diligence'' in determining whether or not a
potential impact to an endangered or threatened species may exist. This
language is too vague and subjective--differing interpretations what
constitutes due diligence exist. This is particularly true when dealing
with an issue as complex as impact to endangered species or their
habitats, where the expertise necessary to make this determination is
usually beyond the reach of most industrial operators. It is likely
that this could become the focal point of efforts to block permit
issuance by those with differing agendas. Further clarification of what
is required under ``due diligence'' is required.
Response i: EPA believes that the language must provide flexibility
to reflect the case-by-case decisions which must be made. In response
to the commenter's concern, EPA has replaced the ``due diligence''
phrase with ``best judgment.'' Consultations with local endangered
species officials is advised if the permittee is uncertain how to apply
these provisions to his facility.
Comment j: Only those species that have been listed should be
identified on this list and used in the determination of permit
coverage; not those that have not gone through the entire listing
process.
Response j: EPA acknowledges the comment and has revised the
language to exclude proposed listing requirements.
Comment k: In this section, an applicant is expected to determine
whether endangered species are ``in proximity'' to the stormwater
discharges or discharge-related activities at the facility. In
proximity is described as being ``in the path or down gradient'' or in
the ``immediate vicinity of or nearby,'' the facility. These
definitions are far too vague, and could refer to the presence of
species located a considerable distance from a facility, not merely
those located close enough to a facility to be affected by that
facility's stormwater discharge. This section requires clanfication.
Response k: EPA has retained this language from the 1995 MSGP. EPA
believes that the language must provide flexibility to reflect the
case-by-case decisions which must be made. Consultations with local
endangered species officials is advised if the permittee is uncertain
how to apply these provisions to his facility.
Comment l: This section provides that ``where there are concerns
that coverage for a particular discharger is not sufficiently
protective of listed species (and presumably those proposed for listing
as well) the Services (as well as any other interested parties) may
petition EPA to require that the discharger obtain an individual NPDES
permit and conduct an individual section 7 consultation as
appropriate.'' It is clear that this will provide ample opportunity to
those who would seek to delay or deny permit issuance, even in those
circumstances where an actual impact to species or habitat does not
exist. This procedure should be a formal one in which the permit
remains in force until EPA, after careful and rigorous scientific
evaluation of the potential impact, determines whether or not an impact
exists and, if so, whether or not an alternative permit is warranted.
Response l: Opportunity for public input is an essential component
of any government regulatory program. As the commenter suggests, the
permit would remain in effect until such time as EPA
[[Page 64792]]
concludes that the activity is no longer eligible for coverage under
the permit.
Section V.C 303(d)
Comment a: Several commenters challenged Parts 1.2.3.8. of the
permit because they believe it inaccurately applies 40 CFR 122.4(i)
regarding compliance with water quality standards to discharges covered
by a general permit. Several commenters believe that one doesn't have
to consider 40 CFR 122.4(i) if they only add an outfall and similarly
one commenter believes that new dischargers under Phase 2 do not have
to consider 40 CFR 122.4(i). Commenters stated that any provisions
added to the reissued MSGP regarding impaired waters or TMDLs are
premature until the new TMDL rule is final. It seems that the major
concern is that previously unpermitted discharges would be disallowed
coverage under this Part.
Response a: EPA, in Sections 1.2.3.8.1 and 1.2.3.8.2, was merely
conditioning a discharger's eligibility for coverage under the MSGP
upon meeting certain existing conditions and requirements in EPA's
NPDES regulations which apply in all applicable circumstances involving
both individual and general permits. In doing so, EPA intended to
merely restate those existing conditions and requirements as
eligibility requirements under the MSGP. Specifically, EPA's intention
in section 1.2.3.8.1 was to condition a new discharger's eligibility
for coverage under the MSGP upon meeting the existing regulatory
conditions under 40 CFR 122.4(i). A new discharger, therefore would not
be eligible for coverage under the MSGP if its discharge would ``cause
or contribute to a violation of a water quality standard.'' As
mentioned, this regulation is applicable to all new dischargers
irrespective of the type of permit they are seeking coverage under;
there is no language in this regulation that exempts new dischargers
seeking coverage under a general permit. EPA, in section 1.2.3.8.1 of
the MSGP, did not intend to create any confusion or change any existing
interpretation of the current regulatory language referred to in that
section. To avoid confusion EPA is therefore amending the language in
section 1.2.3.8.1 to state that ``you are not authorized to discharge
if your discharge is prohibited under 40 CFR 122.4(i).''
EPA's intention in section 1.2.3.8.2 was to condition a
discharger's eligibility for coverage under the MSGP upon meeting the
existing regulatory requirements under existing 40 CFR
122.44(d)(1)(vii)(B). This section of EPA's regulations requires
permitting authorities to develop effluent limits in permits that are
``consistent with the assumptions and requirements of any available
wasteload allocation for the discharge prepared by the State and
approved by EPA pursuant to 40 CFR 130.7'' (EPA's existing TMDL
regulations). This requirement applies to all NPDES permits both
individual and general permits.
Comment b: One commenter expressed confusion about what is meant by
``new discharges'' as this term is not defined in 40 CFR 122.2.
Response b: The final permit will omit the term ``new discharge''
since it is not necessary for the requirement and it has caused
confusion. Today's permit will change the term ``new discharge'' to
simply ``discharge'' in the first sentence of Part 1.2.3.8.1.
Comment c: Eligibility restrictions of the permit should be limited
to those discharges of pollutants actually listed in a TMDL.
Response c: Section 1.2.3.8.2 of the MSGP contains the eligibility
requirement that discharges be consistent with an EPA established or
approved TMDL. EPA agrees with the commenter's suggestion that Section
1.2.3.8.2 should clearly state that such requirement is only applicable
to facilities discharging the pollutant for which the TMDL is
established. EPA is therefore, adding this language to Section
1.2.3.8.2.
Comment d: Discharges to 303(d) listed or 303(e) listed waters
should be monitored for contaminants that impair or threaten water
quality; however, monitoring requirements should be relaxed for other
contaminants that do not impair or threaten receiving water quality.
Several commenters wanted either exclusive or additional monitoring of
discharges to impaired waters for pollutants of concern in lieu of the
eligibility requirements based on whether or not a facility causes or
contributes to the impairment.
Response d: EPA acknowledges that the MSGP may not contain
monitoring requirements for a pollutant for which a waterbody is listed
as impaired. This does not eliminate the burden of the discharger in
determining that its effluent does not cause or contribute to a
violation of water quality standards. Section 1.2.3.8.1 in the MSGP is
an eligibility provision which restates existing regulatory
requirements, it does not create new restrictions on any dischargers.
If a discharger cannot meet the eligibility requirements, then that
discharger is not authorized to discharge under the MSGP. Under
existing regulations, EPA has the discretion to establish whatever
eligibility requirements that it believes are appropriate. Section
1.2.3.8.1 is an eligibility provision that does no more than restate
existing regulatory requirements as a condition of being authorized to
discharge under the permit. It does not dictate, establish or restrict
the use of any particular framework, effluent limits or permit
conditions within the permit itself or describe or restate any new
interpretation of the underlying regulations which it refers to.
Comment e: Several commenters were not clear how to determine or
implement loadings imposed by TMDLs. Further they requested that
loadings based on the TMDL be excluded from the MSGP and addressed
separately so that the regulated community could have an opportunity to
comment on them. One commenter stated that the eligibility requirement
of Part 1.2.3.8. is not appropriate because there was no opportunity to
comment on the TMDL.
Response e: It is not necessary that all dischargers receive
individual wasteload allocations. EPA's regulations at 40 CFR 130.2
define a wasteload allocation as the portion of the receiving water's
loading capacity that is allocated to one of its existing or future
point sources of pollution. EPA has interpreted this regulation to mean
that each point source must be given an individual wasteload allocation
when it is feasible to calculate such a wasteload allocation. EPA
believes that states may find it infeasible to calculate individual
wasteload allocations for all point sources covered by a specific
general permit. In that case, the TMDL would establish individual
wasteload allocations for dischargers subject to individual permits
whereas dischargers subject to a general permit would be accounted for
in the aggregate under a single wasteload allocation specific to the
general permit under which they are authorized to discharge.
In addition, wasteload allocations can be expressed in different
ways, including, percent loading reductions. See 40 CFR 130.2(i) ``* *
* TMDLs can be expressed in terms of either mass per time, toxicity, or
other appropriate measures. * * *'' Effluent limitations must be
consistent with (but not identical to) the wasteload allocations in
TMDLs. See 40 CFR 122.44(d)(1)(vii)(B). Effluent limitations for point
source discharges of storm water may be narrative limitations that are
expressed in terms of best management practices (BMPs). This policy is
consistent with EPA's approach in its Interim Permitting
[[Page 64793]]
Approach For Water Quality-Based Effluent Limitations in Storm Water
Permits (September 1996, EPA 833-D-96-001). This interim approach
allows limits to be expressed in the form of BMPs as a means of
satisfying the requirement that limits derive from and comply with
water quality standards and are consistent with an EPA approved or
established TMDL.
All dischargers who discharge the pollutant for which the waterbody
is impaired must be accounted for in the TMDL. Every point source
discharger located on the impaired waterbody and discharging the
pollutant for which the waterbody is impaired must be accounted for
under a wasteload allocation. The State may choose, however, to give a
discharger a wasteload allocation that would not require any reduction
in loading. In other words, all facilities discharging the pollutant
for which the waterbody is impaired must be subject to a wasteload
allocation but all facilities subject to a wasteload allocation may not
be required to reduce their loads.
Comment f: Several commenters requested guidance on how to
adequately evaluate a discharge's eligibility under Part 1.2.3.8 and
1.2.3.9 of the permit.
Response f: EPA intends the analysis to be similar to what a
permittee under the previous MSGP had to do in accordance with Part
I.B.3.f. of that permit. The applicant must avail himself of all
discharge characterization data or estimation of discharge character
and determine compliance. If the permittee is able to evaluate
eligibility on his own because he has access to State Water Quality
Standards, 303(d) lists, TMDLs etc. (all of which are available either
from the permit issuing authority or in some cases, online) then he can
make his determination, document the determination process in his
pollution prevention plan, and sign the NOI. In other cases, the
Director may notify him that he is not eligible for coverage if such a
determination is made independently, and may require an application for
an individual permit.
Comment g: One commenter requested confirmation that Part 1.2.3.8.1
applies to facilities constructed after August 13, 1979 that have not
yet been issued an NPDES permit.
Response g: Part 1.2.3.8.1 applies to discharges, not facilities,
that have begun after August 13, 1979 that have not yet been authorized
by an NPDES permit.
Section V.D--Antidegradation
Comment a: The proposed requirements do not accurately reflect
States' anti-degradation policy. Commenters stated that anti-
degradation does not hold a permittee accountable until a State's
policy is interpreted into a permit. The State's review of the general
permit under the CWA 401 is the extent of applicable anti-degradation
review. Therefore, delete Part 1.2.3.9. since an individual discharger
applying for general permit coverage cannot determine how the State's
anti-degradation policy, especially regarding the Tier 2 ``high quality
water'' provisions, will be implemented at a particular facility.
Response a: EPA, in Sections 1.2.3.8.1 and 1.2.3.8.2, was merely
conditioning a discharger's eligibility for coverage under the MSGP
upon meeting certain existing conditions and requirements in EPA's
NPDES regulations which apply in all applicable circumstances involving
both individual and general permits. In doing so, EPA intended to
merely restate those existing conditions and requirements as
eligibility requirements under the MSGP. Specifically, EPA's intention
in section 1.2.3.8.1 was to condition a new discharger's eligibility
for coverage under the MSGP upon meeting the existing regulatory
conditions under 40 CFR 122.4(i). A new discharger, therefore would not
be eligible for coverage under the MSGP if its discharge would ``cause
or contribute to a violation of a water quality standard.'' As
mentioned, this regulation is applicable to all new dischargers
irrespective of the type of permit they are seeking coverage under;
there is no language in this regulation that exempts new dischargers
seeking coverage under a general permit. EPA, in section 1.2.3.8.1 of
the MSGP, did not intend to create any confusion or change any existing
interpretation of the current regulatory language referred to in that
section. To avoid confusion EPA is therefore amending the language in
section 1.2.3.8.1 to state that ``you are not authorized to discharge
if your discharge is prohibited under 40 CFR 122.4(i).''
EPA acknowledges that the MSGP may not contain monitoring
requirements for a pollutant for which a waterbody is listed as
impaired. This does not eliminate the burden of the discharger in
determining that its effluent does not cause or contribute to a
violation of water quality standards. Section 1.2.3.8.1 in the MSGP is
an eligibility provision which restates existing regulatory
requirements, it does not create new restrictions on any dischargers.
If a discharger cannot meet the eligibility requirements, then that
discharger is not authorized to discharge under the MSGP. Under
existing regulations, EPA has the discretion to establish whatever
eligibility requirements that it believes are appropriate. Again,
section 1.2.3.8.1 is an eligibility provision that does no more than
restate existing regulatory requirements as a condition of being
authorized to discharge under the permit. It does not dictate,
establish or restrict the use of any particular framework, effluent
limits or permit conditions within the permit itself or describe or
restate any new interpretation of the underlying regulations which it
refers to.
EPA's intention in section 1.2.3.8.2 was to condition a
discharger's eligibility for coverage under the MSGP upon meeting the
existing regulatory requirements under existing 40 CFR
122.44(d)(1)(vii)(B). This section of EPA's regulations requires
permitting authorities to develop effluent limits in permits that are
``consistent with the assumptions and requirements of any available
wasteload allocation for the discharge prepared by the State and
approved by EPA pursuant to 40 CFR 130.7'' (EPA's existing TMDL
regulations). This requirement applies to all NPDES permits both
individual and general permits.
Wasteload allocations can be expressed in different ways,
including, percent loading reductions. See 40 CFR 130.2(i) ``* * *TMDLs
can be expressed in terms of either mass per time, toxicity, or other
appropriate measures * * *.'' Effluent limitations must be consistent
with (but not identical to) the wasteload allocations in TMDLs. See 40
CFR 122.44(d)(1)(vii)(B). Effluent limitations for point source
discharges of storm water may be narrative limitations that are
expressed in terms of best management practices (BMPs). This policy is
consistent with EPA's approach in its Interim Permitting Approach For
Water Quality-Based Effluent Limitations in Storm Water Permits
(September 1996, EPA 833-D-96-001). This interim approach allows limits
to be expressed in the form of BMPs as a means of satisfying the
requirement that limits derive from and comply with water quality
standards and are consistent with an EPA approved or established TMDL.
The commenter correctly recognizes the difficulty in determining
what defines ``necessary to accommodate important economic or social
development'' in accordance with 40 CFR Section 131.12(a)(2). By
statute, this determination involves public participation, the
assurance that water quality will be protected, and several other
factors. EPA would have to modify
[[Page 64794]]
the permit for each discharge in question in order to comply with 40
CFR Section 131.12(a)(2). Individual considerations such as these are
contrary to the concept of a general permit. In addition, public
participation would be impossible since the permit issuing authority
would not know about the particular discharge to tier 2 waters before a
NOI was submitted. Therefore, a facility operator must seek coverage
under an individual permit to discharge to tier 2 waters under 40 CFR
Section 131.12(a)(2)'s allowable degradation provisions to satisfy the
requirements for public participation and protection of water quality.
The only discharges allowed coverage under today's permit are those
which do not degrade the use of a tier 2 water below its existing
levels, even though those existing levels exceed levels necessary to
support propagation of fish, shellfish and wildlife and recreation in
and on the water.
Comment b: While the eligibility requirements disallow the
discharge to cause and contribute to the impaired water, the permit
doesn't require monitoring for the pollutant of concern. This presents
the potential for the permit issuing authority to determine that a
discharge causes or contributes at a later date than the submittal of
the NOI, effectively creating a violation of the permit without the
permittee being able to know of it or prevent it.
Response b: There will be situations where an NOI is accepted by
the permit issuing authority and coverage provided to a facility that
did not meet the eligibility requirements. Other situations include
changes, such as the approval of a TMDL, which may cause a discharge to
no longer be eligible. Upon learning of these types of situations, the
Director may either require the permittee to submit an application for
an individual NPDES permit, take an enforcement action, allow the
facility to eliminate the concern, or any combination of these actions.
Comment c: The eligibility requirements require the permittees to
predict the final requirements of the TMDL rule and the final loadings
of TMDLs approved in the future. Part 1.2.3.8.1 shouldn't be included
in the permit because it inaccurately applies 122.4(i) to general
permittees.
Response c: EPA, in Sections 1.2.3.8.1 and 1.2.3.8.2, was merely
conditioning a discharger's eligibility for coverage under the MSGP
upon meeting certain existing conditions and requirements in EPA's
NPDES regulations which apply in all applicable circumstances involving
both individual and general permits. In doing so, EPA intended to
merely restate those existing conditions and requirements as
eligibility requirements under the MSGP. Specifically, EPA's intention
in section 1.2.3.8.1 was to condition a new discharger's eligibility
for coverage under the MSGP upon meeting the existing regulatory
conditions under 40 CFR 122.4(i). A new discharger, therefore would not
be eligible for coverage under the MSGP if its discharge would ``cause
or contribute to a violation of a water quality standard.'' As
mentioned, this regulation is applicable to all new dischargers
irrespective of the type of permit they are seeking coverage under;
there is no language in this regulation that exempts new dischargers
seeking coverage under a general permit. EPA, in section 1.2.3.8.1 of
the MSGP, did not intend to create any confusion or change any existing
interpretation of the current regulatory language referred to in that
section. To avoid confusion EPA is therefore amending the language in
section 1.2.3.8.1 to state that ``you are not authorized to discharge
if your discharge is prohibited under 40 CFR 122.4(i).''
EPA's intention in section 1.2.3.8.2 was to condition a
discharger's eligibility for coverage under the MSGP upon meeting the
existing regulatory requirements under existing 40 CFR
122.44(d)(1)(vii)(B). This section of EPA's regulations requires
permitting authorities to develop effluent limits in permits that are
``consistent with the assumptions and requirements of any available
wasteload allocation for the discharge prepared by the State and
approved by EPA pursuant to 40 CFR 130.7'' (EPA's existing TMDL
regulations). This requirement applies to all NPDES permits both
individual and general permits.
Comment d: The final permit needs to be clear that the requirements
of Part 1.2.3.8.2 only apply to the pollutant of concern in the TMDL
actually being discharged by the facility. This idea is in Part
1.2.3.8.1. and should be included in 1.2.3.8.2 as well. Similarly, EPA
should lift the new source and new discharger restrictions if there is
not a storm water component of the approved TMDL. The final permit
should clarify that a facility may not have a specific allocation in an
approved TMDL and as such may still be eligible for the general permit.
Response d: Section 1.2.3.8.2 of the MSGP contains the eligibility
requirement that discharges be consistent with an EPA established or
approved TMDL. EPA agrees with the commenter's suggestion that Section
1.2.3.8.2 should clearly state that such requirement is only applicable
to facilities discharging the pollutant for which the TMDL is
established. EPA is therefore, adding this language to Section
1.2.3.8.2.
Comment e: The eligibility requirements in Part 1.2.3.9 defeat the
concept of efficiency of a general permit and should be removed. EPA
does not have the authority to require the applicant to assess if they
support the use classification of the receiving water because it
increases the cost of applying for general permit coverage which has
not been evaluated by EPA under the Unfunded Mandates Reform Act.
Furthermore, the duty to determine whether or not a discharge supports
the use classification of a receiving water is the permit issuing
authority's responsibility.
Response e: The concept of the general permit is to reduce the
administrative burden on EPA and the regulated community by issuing one
permit for many facilities that would otherwise all have exactly the
same conditions in their individual permits. If a facility is not like
other ones where it would have different permit conditions it should
not apply for the general permit in question. This general permit only
applies to facilities that support the use classification of the
receiving waters. If they do not, EPA is not obligated to change the
general permit to include them. The applicant must seek alternate
permit coverage. It is the permit issuing authority's responsibility to
ensure that the conditions of the general permit support use
classifications. It is not their responsibility to ensure that each
individual discharge authorized by the permit supports the use. The
eligibility requirements are there to indicate the type of facility
that can be covered under the permit. The efficiency intended by a
general permit is to reduce the number of individual permits and to
make application for NPDES permit easier for those who qualify for the
coverage under the general permit.
Comment f: The final permit needs to be clear that a facility may
not have a specific allocation in an approved TMDL and as such may
still be eligible for the general permit.
Response f: EPA agrees in part with the commenter that there may be
circumstances under which it is not necessary that all dischargers
receive individual wasteload allocations. EPA's regulations at 40 CFR
130.2 define a wasteload allocation as the portion of the receiving
water's loading capacity that is allocated to one of its existing or
[[Page 64795]]
future point sources of pollution. EPA has interpreted this regulation
to mean that each point source must be given an individual wasteload
allocation when it is feasible to calculate such a wasteload
allocation. EPA believes that states may find it infeasible to
calculate individual wasteload allocations for all point sources
covered by a specific general permit. In that case, the TMDL would
establish individual wasteload allocations for dischargers subject to
individual permits, whereas dischargers subject to a general permits
would be accounted for in the aggregate under a single wasteload
allocation specific to the general permit under which they are
authorized to discharge.
Comment g: Lift the new source/new discharger restriction if there
is not a storm water component of the approved TMDL.
Response g: EPA, in Sections 1.2.3.8.1 and 1.2.3.8.2, was merely
conditioning a discharger's eligibility for coverage under the MSGP
upon meeting certain existing conditions and requirements in EPA's
NPDES regulations which apply in all applicable circumstances involving
both individual and general permits. In doing so, EPA intended to
merely restate those existing conditions and requirements as
eligibility requirements under the MSGP. Specifically, EPA's intention
in section 1.2.3.8.1 was to condition a new discharger's eligibility
for coverage under the MSGP upon meeting the existing regulatory
conditions under 40 CFR 122.4(i). A new discharger, therefore would not
be eligible for coverage under the MSGP if its discharge would ``cause
or contribute to a violation of a water quality standard.'' As
mentioned, this regulation is applicable to all new dischargers
irrespective of the type of permit they are seeking coverage under;
there is no language in this regulation that exempts new dischargers
seeking coverage under a general permit. EPA, in section 1.2.3.8.1 of
the MSGP, did not intend to create any confusion or change any existing
interpretation of the current regulatory language referred to in that
section. To avoid confusion EPA is therefore amending the language in
section 1.2.3.8.1 to state that ``you are not authorized to discharge
if your discharge is prohibited under 40 CFR 122.4(i).''
Section V.E Discharges Not Previously Covered by an Individual Permit
Comment: One commenter requested clarification of the permit
requirement at Part 1.2.3.3.2.3 to include any specific storm water
BMPs from the old individual permit in the Storm Water Pollution
Prevention Plan when transferring from an individual permit to the
MSGP. The commenter interpreted this condition to mean that only those
specific storm water BMPs from the old individual permit (and areas
associated with outfalls from the old permit) needed to be included in
the Plan, and noted an apparent inconsistency on page 17021, Item F, of
the preamble which states that the Plan must address the entire
facility.
Response: When transferring from an individual permit to the MSGP,
the requirement at Part 1.2.3.3.2.3 to include any specific storm water
BMPs from the old individual permit in the Storm Water Pollution
Prevention Plan is in addition to and not in lieu of the basic
requirements in Part 4. However, the BMPs brought over from the old
individual permit may satisfy one or more of the ``basic'' Storm Water
Pollution Prevention Plan requirements under Part 4 and/or the sector-
specific requirements under Part 6. There could be areas at a facility
(e.g., employee parking lots) that do not need to be addressed under
the permit (and SWPPP) unless the runoff from such areas commingles
with storm water associated with industrial activity (or was previously
permitted).
Section VI.A Notification Requirements
Comment a: The commenter supported the use of electronic filing of
NOIs, but expressed concern that facilities without Internet access
would be at a disadvantage.
Response a: It is not the intention of EPA to only accept
electronic submittals. Electronic submittal is another alternative
which, hopefully, will be available to the regulated community in the
near future.
Comment b: The commenter does not support any changes to the NOI
form, and expects any changes to comply with the Paperwork Reduction
Act.
Response b: Any changes to the NOI form that result in an increase
in burden for the applicant must first be reviewed and approved by the
Office of Management and Budget. Part of this review includes
compliance with the requirements of the Paperwork Reduction Act.
Changes to the NOI form published in today's permit were limited to
those that provide clarification in information, as well as those
changes that reflect changes in the storm water permits issued by EPA.
EPA has determined that these changes do not represent an increase in
burden for completing the NOI form. As noted in Section 2.2, the more
extensive changes listed in the March 30, 2000 proposal need to
complete their OMB review before they can be included in the NOI form.
Comment c: A commenter supported inclusion of the no exposure
certification form as an addendum to the MSGP-2000.
Response c: EPA agrees that providing the form with the permit is a
convenience for facilities qualifying for the no exposure exemption.
The certification form is an addendum to the permit.
Section VI.B Special Conditions
Comment a: The Agency is shifting its responsibility regarding
meeting minimum technology standards in NPDES permits to the
discharger.
Response a: EPA expects that when a facility submits an NOI they
are familiar with both the permit and their facility. They should be
able to determine their eligibility. The permitting authority may
concur with the facility's assessment, or not. EPA does not believe
that it has shifted its responsibility on this matter.
Comment b: There was a request to clarify the requirements in the
MSGP-2000 regarding co-located facilities.
Response b: A facility is considered co-located if there is a
second industrial activity occurring which meets the definition of
storm water discharge associated with industrial activity. For example,
a facility operates an auto salvage yard and also has an area onsite
for scrap recycling. The facility as a whole would meet the
requirements for Sector M--Auto salvage. The area where scrap recycling
occurs would meet the requirements for Sector N--Scrap Recycling. Any
storm water discharges from the scrap recycling area needs to meet the
requirements for both sectors. The second activity may or may not be
related to the primary industrial activity. The determination as to
whether something is co-located rests in the definition of storm water
discharges associated with industrial activity. If a second activity
exists at a facility which meets one of the categories in the
definition, then the facility has co-located industrial activities.
Section VI.C Common Pollution Prevention Plan Requirements
Comment a: A commenter expressed concern about various
interpretations and implementation of the storm water program,
including incorporation of effluent limits, and stressed ``* * * It is
imperative that the Agency maintains that SWPPP requirements be
interpreted and implemented in a practicable and economically feasible
manner.''
Response a: EPA believes that proper implementation of storm water
BMPS
[[Page 64796]]
will achieve compliance with water quality standards. EPA is
responsible for implementation of the storm water program in eight
states, various territories, including Puerto Rico and District of
Columbia; and various Indian Country lands throughout the country. For
the remaining 42 states, the state agency is responsible for program
implementation. They have the authority to interpret and implement the
program as appropriate for their state. It continues to be EPA's policy
not to include effluent limitations in storm water permits. However, a
state may choose to follow a different policy than EPA's.
Comment b: There is not a specific mention of catch basin inserts
or fillers on the listing of BMPs.
Response b: In discussions concerning BMPs, EPA attempted to
provide some examples of various types of BMPs. By no means is the
listing intended to be all inclusive. EPA acknowledges that there are
other BMPs, such as catch basin inserts or fillers, that were not
mentioned in discussions but may be appropriate in various
circumstances.
Section VI.E Monitoring and Reporting Requirements
Comment a: Monitoring results are an unreliable indicator of a
discharge problem and they do not provide confirmation of a problem.
Permittees cannot use results to support facility management.
Response a: EPA believes that since analytic monitoring has been
performed by substantial numbers of permittees only during the fourth
year of the 1995 MSGP (many facilities complying with monitoring
requirements in the fourth year were covered under the earlier baseline
general permit during the second monitoring year and, consequently, had
no equivalent monitoring requirement), it is premature to make any
final conclusions regarding the value of the Agency's acquisition of
the monitoring data or to consider dropping the monitoring. In essence,
the fourth-year monitoring data set EPA received represents the
baseline of pollutant discharge information under the sector-specific
industrial general storm water permit. Several rounds of monitoring
significantly enhances the utility of the results for evaluating the
effectiveness of management practices at the site as well as for the
industry sector as a whole. EPA commits to using data from the 1995 and
2000 permits to evaluate the effectiveness of management practices on
an industry sector basis and to evaluate the need for changes in
monitoring protocols for the next permit.
EPA acknowledges that, considering the small number of samples
required per monitoring year (four), and the vagaries of storm water
discharges, it may be difficult to determine or confirm the existence
of a discharge problem as a commenter claimed. When viewed as an
indicator, analytic levels considerably above benchmark values can
serve as a flag to the operator that his SWPPP needs to be reevaluated
and that pollutant loads may need to be reduced. Conversely, analytic
levels below or near benchmarks can confirm to the operator that his
SWPPP is doing its intended job. EPA believes there is presently no
alternative that provides stakeholders with an equivalent indicator of
program effectiveness.
Comment b: Monitoring results are not necessarily an indicator of
BMP effectiveness and EPA never justified that they are.
Response b: While not practicable for EPA to require an increase in
monitoring, operators are encouraged to sample more frequently to
improve the statistical validity of their results. Unless the proper
data acquisition protocol for making a valid BMP effectiveness
determination is rigorously followed, any other method used to assess
BMP effectiveness would be qualitative, and therefore less reliable.
The least subjective approach, and most beneficial to operators and
stakeholders, EPA believes, remains a combination of visual and
analytic monitoring, using analyte benchmark levels to target potential
problems. Statistical uncertainties inherent in the monitoring results
will necessitate both operators and EPA exercising best professional
judgment in interpreting the results. When viewed as an indicator,
analytic levels considerably above benchmark values can serve as a flag
to the operator that his SWPPP needs to be reevaluated and that
pollutant loads may need to be reduced. Conversely, analytic levels
below or near benchmarks can confirm to the operator that his SWPPP is
doing its intended job.
Comment c: Alternate test methods can be used for determining
effectiveness of BMPs at a facility, and benchmarks will need modifying
to account for variability in test methods.
Response c: A technically valid, deterministic investigation of BMP
effectiveness would necessarily involve collecting discharge pollutant
load data before and after the BMP. The constraints inherent in
monitoring preclude requiring this kind of investigation. All other
methods used to make an assessment of SWPPP/BMP effectiveness are
qualitative. The least subjective approach, and most beneficial to
operators and stakeholders, EPA believes, is a combination of visual
and analytic monitoring, using analyte benchmark levels (or
``targets'') as an indicator of potential problems. Vagaries of storm
discharges and statistical concerns will necessitate operators and EPA
exercising best professional judgment in interpreting the results of
any monitoring. When viewed as an indicator, analytic levels
considerably above benchmark values can serve as a flag to the operator
that his SWPPP needs to be reevaluated and that pollutant loads may
need to be reduced. Conversely, analytic levels below or near
benchmarks can confirm to the operator that his SWPPP is doing its
intended job.
Comment d: (a) The presumption of an impact on water quality
standards by storm water is inappropriate given the episodic nature of
storms. (b) EPA recognizes that during a storm, water quality standards
will not always be met, so EPA shouldn't rely on water quality
standards at a discharge point to determine if a facility is in
compliance. (c) Monitoring has marginal value in assessing and
protecting water quality.
Response d: (a) It is true that many impacts of storm water are
short-term and that many pollutants are not really toxic or
bioaccumulative. A short term water quality standard violation is not
necessarily going to persist long enough to be toxic. (b) In the
absence of establishing discharge pollutant loads that correlate
directly to a receiving water, as would be done for an individual
permit, EPA settled on benchmark levels which would, under nearly all
scenarios, be protective of water quality standards. Recognizing the
shortcomings of these generic pollutant levels, EPA only intends for
them to be used as indicators of possible problems and as a flag to
reevaluate the SWPPP--not as a trigger to begin mandatory SWPPP or
operational revisions unless, after employing BPJ, the operator deems
such revisions are necessary. (c) While end-of-pipe/end-of-property
analytic monitoring for storm water may not reflect potential impacts
to water quality, EPA does not intend to use the data for that purpose.
Comment e: EPA needs to reevaluate the validity of benchmark
values.
Response e: Universal benchmark levels cannot be established; the
next best thing would be storm water pollutant loadings vis-a-vis water
segment-specific TMDLs. But when used as a target or indicator, without
requiring specific corrective actions beyond using BPJ to reassess
present conditions and make any changes deemed necessary, the present
[[Page 64797]]
benchmarks are adequate. In specific situations operators may
reasonably conclude, after analyzing monitoring results above
benchmarks, their present SWPPPs/BMPs are adequately protective of
water quality, or that other conditions such as discharging to low-
quality, ephemeral streams may obviate the need for SWPPP/BMP
revisions.
Comment f: Monitoring diverts resources from more effective
implementation of SWPPPs. EPA should focus on pollution prevention,
instead.
Response f: In developing the monitoring requirements, i.e.,
pollutants of concern, monitoring waivers, etc., along with providing
sampling and monitoring guidances, EPA endeavored to make the financial
burden as minimal as possible. Four quarterly samples is a minimal data
set for evaluating the effectiveness of SWPPPs. Those least able to
afford expansive monitoring programs, i.e., small businesses, likely
have few outfalls to begin with. EPA believes that if monitoring is
required at a facility, it should be planned for and budgeted as a cost
of doing business.
Comment g: Permittees fear benchmark limits would be viewed as
effluent limitations.
Response g: EPA agrees that benchmark limits are not effluent
limitations and should not be used, in and of themselves, as the basis
for issuing an enforcement violation.
Comment h: Storm water discharge variability can be caused by
atmospheric/dry deposition, run on and fate in transport; facilities
with structural leachate are at a disadvantage vis-a-vis those without
the problem.
Response h: EPA acknowledges the potential for adding pollutants to
a facility's discharges from external or structural sources. A
permittee is, nonetheless, still legally responsible for the quality of
all discharges from his/her site--but not from pollutants that may be
introduced outside the boundaries of his/her property or the areas
where his/hers structures, industrial activities or materials are
located. Anything that increases the pollutant load in the runoff prior
to leaving the site, whether originating from air deposition, run-on
from nearby sites, or leachate from on-site structures, remains the
responsibility of the permittee. This was affirmed in the ruling by the
Environmental Appeals Board against the General Motors Corp. CPC-
Pontiac Fiero Plant in December 1997.
Comment i: Allow pollutant credits for background sources of
pollution.
Response i: Pollutant credits for background sources of pollution
is unfeasible for storm water. Either EPA or the permittee would have
to determine the pollutant loads of both the run-on and runoff to
calculate pollutant credits. Resources are insufficient to implement
this practice.
Comment j: Differences in monitoring results may result from
changes in business conditions; changes in personnel doing monitoring
can make observations/discharge examinations unreliable.
Response j: EPA published guidance on both monitoring and sampling
procedures (available from EPA's Office of Water Resource Center) to
standardize data collection practices.
Comment k: The same person cannot always do monitoring. Having to
rely on different people is bad for consistency in recording
observations and making discharge examinations.
Response k: EPA requires that personnel implementing the SWPPP be
provided training as an element of the SWPPP. This training must cover
program elements to ensure the quality and validity of all information
collected.
Comment l: Sampling can be dangerous.
Response l: EPA provides waivers and options such that extreme
weather or perilous conditions are accounted for.
Comment m: Determining whether a storm qualifies to be monitored is
difficult.
Response m: EPA has always defined what constitutes a storm event
worthy of monitoring. Modern weather forecasting is making it easier to
anticipate and plan for qualifying storms.
Comment n: Monitoring in remote west or arid/semi-arid areas is
difficult and burdensome.
Response n: EPA has always had accommodations and waivers for lack
of qualifying storm events. See EPA Response o below.
Comment o: EPA should reduce analytic monitoring and visual
monitoring based on average rainfall (similar to Phase II regulations).
Response o: EPA already allows permittees to skip monitoring in any
quarter in which no qualifying storm events occur.
Comment p: Some discharges (in the west) occur only infrequently
and sometimes only to isolated, ephemeral streams (which may have no
indigenous biota).
Response p: Ephemeral streams may still eventually flow into
permanent waters of the U.S.; hence, protective measures may still be
needed to protect water quality. If there are truly no water quality
standards established for an ephemeral stream and the outflow does not
feed another water body, then it's likely there would not be a ``point
source discharge'' and no permit would be required. Only those point
source discharges to waters of the U.S. need to be included in a SWPPP.
Comment q: Continuation of monitoring is not justified, especially
for mining sectors.
Response q: EPA believes that since analytic monitoring has been
performed by substantial numbers of permittees only during the fourth
year of the 1995 MSGP (many facilities complying with monitoring
requirements in the fourth year were covered under the earlier baseline
general permit during the second monitoring year and, consequently, had
no equivalent monitoring requirement), it is premature to make any
final conclusions regarding the value of the Agency's acquisition of
the monitoring data or to consider dropping the monitoring. In essence,
the fourth-year monitoring data set EPA received represents the
baseline of pollutant discharge information under the sector-specific
industrial general storm water permit. Several rounds of monitoring
significantly enhance the utility of the results for evaluating the
effectiveness of management practices at the site as well as for the
industry sector as a whole. EPA commits to using data from the 1995 and
2000 permits to evaluate the effectiveness of management practices on
an industry sector basis and to evaluate the need for changes in
monitoring protocols for the next permit.
EPA acknowledges that, considering the small number of samples
required per monitoring year (four), and the vagaries of storm water
discharges, it may be difficult to determine or confirm the existence
of a discharge problem as a commenter claimed. When viewed as an
indicator, analytic levels considerably above benchmark values can
serve as a flag to the operator that his SWPPP needs to be reevaluated
and that pollutant loads may need to be reduced. Conversely, analytic
levels below or near benchmarks can confirm to the operator that his
SWPPP is doing its intended job. EPA believes there is presently no
alternative that provides stakeholders with an equivalent indicator of
program effectiveness.
Comment r: EPA has not provided guidance on monitoring snow melt
events.
Response r: EPA does not have any specific guidance on this matter
at the present time. Guidance may be developed in the future. In the
interim, however, EPA believes that facilities should be able to obtain
reasonably representative samples using their best judgment. Two
important points must be considered to ensure the snow melt
[[Page 64798]]
sample is representative: (1) The melted runoff must come in contact
with any pollutants of concern present and not be overly
``contaminated'' with concentrated surficial deposits of hydrocarbons,
dirt, salt, etc., and (2) the melted runoff must have characteristics
that approximate those of a monitor-qualifying rain storm (0.1 inch
runoff volume, sampled within the first \1/2\ up to 1 hour).
Comment s: (a) In addition to monitoring results, EPA should also
require submission of a description of storm water controls being
implemented. (b) EPA should require facilities to monitor for
pollutants similar to what would be done under an individual permit (to
ensure BMPs are being implemented). (c) Monitoring will aid the
permittee, permitting authority and the public in understanding the
sources and toxicity of storm water at a site.
Response s: (a) EPA already requires that all BMPs and other
controls be described in the SWPPP, including inspections, maintenance,
etc. Any BMP changes or additions must be added to an updated SWPPP, so
EPA will not require this information be formally submitted. If EPA
needs to inspect a facility or determine an enforcement issue, the
facility's SWPPP will be reviewed for BMP information. (b) Customizing
a facility's monitoring requirements is tantamount to writing an
individual permit for the facility, which would require the same
application package as for an individual permit. This is an option for
those facilities where discharges or receiving waters are a concern
but, otherwise, EPA believes the requirements of the present general
permit with the identified pollutants of concern is sufficient for a
large majority of facilities. (c) EPA agrees that monitoring can be
used as an indicator of potential problems or toxicity concerns.
Comment t: Submit Discharge Monitoring Reports (DMRs) along with
NOIs to prove compliance. If no DMRs were submitted under the current
MSGP, require quarterly monitoring for all five years of MSGP-2000.
Response t: DMR and NOI submission deadlines have not coincided in
the past and, from a regulatory perspective, it is not feasible to link
them. Past instances of non-compliance are an enforcement issue with
established penalties in the CFRs, but these instances do not
automatically preclude future permit coverage nor can EPA include
separate ``penalties'' such as 5-year monitoring in the permit for
them.
Comment u: Analytic monitoring may be good for general info, which
may be of use to the facility and regulatory agency, but it should not
be required under the permit. Only visual monitoring should be
required. One commenter indicated that analytic monitoring may be good
for watershed-wide indications of general trends.
Response u: EPA believes that since analytic monitoring has been
performed by substantial numbers of permittees only during the fourth
year of the 1995 MSGP (many facilities complying with monitoring
requirements in the fourth year were covered under the earlier baseline
general permit during the second monitoring year and, consequently, had
no equivalent monitoring requirement), it is premature to make any
final conclusions regarding the value of the Agency's acquisition of
the monitoring data or to consider dropping the monitoring. In essence,
the fourth-year monitoring data set EPA received represents the
baseline of pollutant discharge information under the sector-specific
industrial general storm water permit. Several rounds of monitoring
significantly enhance the utility of the results for evaluating the
effectiveness of management practices at the site as well as for the
industry sector as a whole. EPA commits to using data from the 1995 and
2000 permits to evaluate the effectiveness of management practices on
an industry sector basis and to evaluate the need for changes in
monitoring protocols for the next permit.
EPA acknowledges that, considering the small number of samples
required per monitoring year (four), and the vagaries of storm water
discharges, it may be difficult to determine or confirm the existence
of a discharge problem. When viewed as an indicator, analytic levels
considerably above benchmark values can serve as a flag to the operator
that his SWPPP needs to be reevaluated and that pollutant loads may
need to be reduced. Conversely, analytic levels below or near
benchmarks can confirm to the operator that his SWPPP is doing its
intended job. EPA believes there is presently no alternative that
provides stakeholders with an equivalent indicator of program
effectiveness. A technically valid, deterministic investigation of BMP
effectiveness would necessarily involve collecting discharge pollutant
load data before and after the BMP. The constraints inherent in
monitoring preclude requiring this kind of investigation. All other
methods used to make an assessment of SWPPP/BMP effectiveness are
qualitative. Quarterly visual monitoring of storm water discharges has
always been a permit requirement, for many of the same reasons why
commenters favor it, and will continue to be so. The least subjective
approach, and most beneficial to operators and stakeholders, EPA
believes, is a combination of visual and analytic monitoring, using
analyte benchmark levels (or ``targets'') as an indicator of potential
problems. Variability of storm discharges and statistical concerns will
necessitate operators and EPA exercising best professional judgement in
interpreting the results of any monitoring.
Monitoring in impaired water bodies would focus attention on the
problem water bodies and possible pollutant sources. However, not all
impaired water bodies and their impairments have been determined. The
goal of EPA's storm water program is also to protect and maintain water
quality, not just remediate impaired waters, so focusing on impaired
waters only does not fulfill all the program's responsibilities.
Comment v: If monitoring results are below the benchmark,
facilities should not be required to monitor unless there are major
changes to the facility.
Response v: Several rounds of monitoring significantly enhances the
utility of the results for evaluating the effectiveness of management
practices at the site as well as for the industry sector as a whole.
EPA is keeping the monitoring requirement for all specified sectors at
least one more time to provide stakeholders with continued assurance
that SWPPPs are being implemented, concerted efforts to protect water
quality are ongoing, and a mechanism is in place to indicate potential
problems. The previous second year monitoring waiver for facilities
with pollutant levels below the benchmark level is being retained.
Comment w: Substantially identical outfalls reduces burden and is
beneficial to SWPPP implementation.
Response w: Noted.
Visual Monitoring
Comment x: Numerous commenters supported dropping analytic
monitoring from the MSGP-2000 in favor of just requiring quarterly
visual monitoring. Commenters claimed visual monitoring is adequate to
ensure compliance and environmental protection (especially coupled with
training), and is least burdensome.
Response x: Quarterly visual monitoring of storm water discharges
has always been a permit requirement, for many of the same reasons why
commenters favor it, and will continue to be so. EPA will also be
retaining analytic monitoring because we believe the best way to ensure
SWPPP effectiveness and protection of water
[[Page 64799]]
quality is through a combination of visual and analytic monitoring. The
reasons for not adopting visual monitoring only are explained further
in the rationale for justifying quarterly analytic monitoring.
Comment y: Operators need flexibility to collect representative
samples for visual monitoring.
Response y: EPA believes the same representative sample reduction
provided for analytic monitoring is inappropriate for the quarterly
visual monitoring. A visual examination of all discharges is the least
that operators can do to ensure all discharges are clean and would
provide greater confirmation to themselves and other stakeholders that
the representative discharge sample reduction claimed for analytic
monitoring is, in fact, justified.
Comment z: Support visual monitoring with use of field test kits,
which are cheaper and easier than 40 CFR 136.
Response z: Field test kits have not yet been confirmed as being as
reliable as currently required analytical methods. Therefore, EPA is
not allowing the use of kits in place of currently required analytical
methods at this time.
Comment aa: Make visual evaluations standard.
Response aa: EPA has standard protocols for storm water sampling
(the storm water sampling guidance can be obtained from EPA's Office of
Water Resource Center at 202-260-7786) and the permit describes the
examination procedures, parameters to be examined, meaning of results,
etc.
Comment bb: Visual monitoring should be reduced commensurately in
arid climates.
Response bb: EPA already allows permittees to document in their
monitoring records that no discharge occurred during a monitoring
quarter.
Annual Reporting
Comment cc: One option suggested by commenters was for an annual
report, possibly using a standardized form, to be submitted to EPA
detailing the permittee's SWPPP highlights and revisions/additions,
inspections, compliance evaluations, visual monitoring results, etc.
One comment against this option stated that the volume of data
submitted would be too great for the Agency to evaluate. Other
opponents to this option indicated that the reports would not contain
enough information to evaluate SWPPP effectiveness, ensure water
quality protection, or provide the information necessary to make long-
term management plans. Commenters in support of the annual report
concept held that it would provide a record of the permittee's
commitment to storm water control, was better for evaluating SWPPP
effectiveness, and would provide information to EPA to determine if
sampling or a site inspection is needed.
Response cc: Information on SWPPP highlights and revisions/
additions, inspections, compliance evaluations, visual monitoring
results, etc. is already required to be documented in a facility's
SWPPP, which, if deemed necessary, must be provided to EPA on demand.
If no monitoring data were available, an annual report could be used to
ensure that a facility is implementing its SWPPP. The reports could
also be used to prioritize sites for inspection. However, EPA agrees
that it would be very burdensome to review all the reports and very
difficult to assess the effectiveness of a facility's SWPPP based on
that review alone. The subjectivity inherent in annual reporting makes
it an undesirable substitute for analytic monitoring. Documenting the
kind of information in the annual report is already a SWPPP requirement
and is, therefore, available to operators for assessing and improving
their storm water programs. For these reasons, EPA will not require
reports containing essentially the same information required in SWPPPs
to be submitted in lieu of analytic monitoring.
Group Monitoring
Comment dd: Commenters also suggested group monitoring. In this
option a consortium of like permittees would do sampling at one
facility, possibly on a rotating basis. The sample results would
represent all the facilities in the consortium. A variation of group
monitoring is for the consortium to retain a consultant to do
representative sampling and provide storm water program guidance and
evaluations. Supporters of this concept said it may allow for
comparisons of effectiveness of different SWPPP practices (e.g.,
sweeping vs. catchment basin for solids control). One commenter pointed
out that the feasibility of the group concept is suspect due to the
fact that individual facilities may have different topography, soil and
other natural conditions.
Response dd: EPA believes that technically valid BMP comparisons
could be done under this type of program. However, it would be
difficult and very resource-intensive for EPA to establish criteria for
group eligibility and then monitor to ensure that groups met these
criteria.
Watershed Monitoring
Comment ee: Commenters suggested conducting watershed monitoring
rather than monitoring at the facility. This option involves replacing
the monitoring of discrete storm water discharges with ambient
receiving water monitoring on a watershed basis.
Response ee: Watershed monitoring is invaluable to making real
conclusions regarding storm water impacts of water quality, and will be
employed in making total maximum daily load (TMDL) determinations.
However, watershed monitoring cannot replace facility-specific storm
water discharge monitoring to determine the loads contributed by the
facilities and to evaluate the effectiveness of the SWPPP.
Monitoring Only in Impaired Waters
Comment ff: Several commenters supported requiring monitoring only
in impaired water bodies and for pollutants that cause the impairment.
Response ff: Although this option would focus attention on the
problem water bodies and possible pollutant sources, EPA and a
commenter point out that not all impaired water bodies and their
impairments have been determined. The goal of EPA's storm water program
is also to protect and maintain water quality, not just remediate
impaired waters, so focusing on impaired waters only does not fulfill
all the program's responsibilities.
Section VII Cost Estimates for Common Permit Requirements
Comment: EPA incorrectly estimated costs associated with the
original MSGP. The new permit imposes even more costs. EPA must better
estimate these costs, especially for small businesses. EPA should
conduct a Regulatory Flexibility Analysis as well as perform a Small
Business Regulatory Enforcement Fairness Act (SBREFA) consultation.
Response: The Regulatory Flexibility Act (RFA), as amended by the
Small Business Regulatory Enforcement Fairness Act (SBREFA) generally
requires an agency to prepare a regulatory flexibility analysis for any
rule subject to notice and comment rulemaking requirements under the
Administrative Procedure Act or any other statute. Under section 605(b)
of the RFA, however, if the head of an agency certifies that a rule
will not have a significant economic impact on a substantial number of
small entities, the statute does not require the agency to prepare a
regulatory flexibility analysis.
The MSGP-2000 provides facilities the option of obtaining a general
permit
[[Page 64800]]
rather than applying for individual permits; it does not extend
coverage of the existing NPDES regulations. Therefore, the costs
associated with obtaining a permit were already addressed when the
NPDES regulations were issued. Furthermore, the MSGP-2000 is intended
to reduce costs by providing a streamlined procedure for obtaining
permit coverage. For these reasons, there was no requirement on EPA to
conduct a separate analysis to support the MSGP-2000.
X. Economic Impact (Executive Order 12866)
Under Executive Order 12866 [58 FR 51735 (October 4, 1993)], the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may have an annual effect
on the economy of $100 million or more or adversely affect in a
material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or tribal governments or communities; create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency; materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs or the rights and obligations of
recipients thereof; or raise novel legal or policy issues arising out
of legal mandates, the President's priorities, or the principles set
forth in the Executive Order.
EPA has determined that the reissued MSGP is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to formal OMB review prior to proposal.
XI. Unfunded Mandates Reform Act
Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law
104-4, generally requires Federal agencies to assess the effects of
their ``regulatory actions'' on State, local, and tribal governments
and the private sector. UMRA uses the term ``regulatory actions'' to
refer to regulations. (See, e.g., UMRA section 201, ``Each agency shall
* * * assess the effects of Federal regulatory actions * * * (other
than to the extent that such regulations incorporate requirements
specifically set forth in law)'' (emphasis added)). UMRA section 102
defines ``regulation'' by reference to 2 U.S.C. 658 which in turn
defines ``regulation'' and ``rule'' by reference to section 601(2) of
the Regulatory Flexibility Act (RFA). That section of the RFA defines
``rule'' as ``any rule for which the agency publishes a notice of
proposed rulemaking pursuant to section 553(b) of [the Administrative
Procedure Act (APA)], or any other law * * * ''
As discussed in the RFA section of this notice, NPDES general
permits are not ``rules'' under the APA and thus not subject to the APA
requirement to publish a notice of proposed rulemaking. NPDES general
permits are also not subject to such a requirement under the CWA. While
EPA publishes a notice to solicit public comment on draft general
permits, it does so pursuant to the CWA section 402(a) requirement to
provide ``an opportunity for a hearing.'' Thus, NPDES general permits
are not ``rules'' for RFA or UMRA purposes.
EPA has determined that today's MSGP reissuance does not result in
expenditures of $100 million or more for State, local and Tribal
governments, in the aggregate, or the private sector in any one year.
The Agency also believes that the final MSGP will not significantly
nor uniquely affect small governments. For UMRA purposes, ``small
governments'' is defined by reference to the definition of ``small
governmental jurisdiction'' under the RFA. (See UMRA section 102(1),
referencing 2 U.S.C. 658, which references section 601(5) of the RFA.)
``Small governmental jurisdiction'' means governments of cities,
counties, towns, etc., with a population of less than 50,000, unless
the agency establishes an alternative definition.
Today's final MSGP also will not uniquely affect small governments
because compliance with the final permit conditions affects small
governments in the same manner as any other entities seeking coverage
under the final permit.
XII. Paperwork Reduction Act
EPA has reviewed the requirements imposed on regulated facilities
resulting from the final MSGP under the Paperwork Reduction Act of
1980, 44 U.S.C. 3501 et seq. The information collection requirements of
the MSGP have already been approved in previous submissions made for
the NPDES permit program under the provisions of the CWA.
XIII. Regulatory Flexibility Act
The Agency has determined that the final MSGP being published today
is not subject to the Regulatory Flexibility Act (``RFA''), which
generally requires an agency to conduct a regulatory flexibility
analysis of any significant impact the rule will have on a substantial
number of small entities. By its terms, the RFA only applies to rules
subject to notice-and-comment rulemaking requirements under the
Administrative Procedure Act (``APA'') or any other statute. Today's
final MSGP is not subject to notice and comment requirements under the
APA or any other statute because the APA defines ``rules'' in a manner
that excludes permits. See APA section 551(4), (6), and (8).
APA section 553 does not require public notice and opportunity for
comment for interpretative rules or general statements of policy. In
addition to finalizing the new MSGP, today's notice repeats for the
convenience of the reader an interpretation of existing regulations
promulgated almost twenty years ago. The action would impose no new or
additional requirements.
Authorization to Discharge Under the National Pollutant Discharge
Elimination System
In compliance with the provisions of the Clean Water Act, as
amended, (33 U.S.C. 1251 et seq.), operators of discharges associated
with industrial activities that submit a complete Notice of Intent in
accordance with Part 2.2 for a discharge that is located in an area
specified in Part 1.1 and eligible for permit coverage under Part 1.2
are authorized to discharge pollutants to waters of the United States
in accordance with the conditions and requirements set forth herein.
This permit becomes effective on October 30, 2000.
This permit and the authorization to discharge expire at midnight,
October 30, 2005.
[[Page 64801]]
Signed and issued this 15th day of September, 2000.
Linda M. Murphy,
Director, Office of Ecosystem Protection, Region 1.
Signed and issued this 15th day of September, 2000.
Kathleen C. Callahan,
Director, Division of Environmental Planning and Protection, Region 2.
Signed and issued this 15th day of September, 2000.
Joseph T. Piotrowski,
Acting Director, Water Protection Division, Region 3.
Signed and issued this 12th day of September, 2000.
Douglas Mundrick,
Acting Deputy Division Director, Water Management Division, Region 4.
Signed and issued this 27th day of September, 2000.
Sam Becker,
Acting Director, Water Quality Protection Division, Region 6.
Signed and issued this 2d day of October, 2000.
Stephen S. Tuber,
Acting Assistant Regional Administrator, Office of Partnerships and
Regulatory Assistance, Region 8.
Signed and issued this 28th day of September, 2000.
Alexis Strauss,
Director, Water Division, Region 9.
Signed and issued this 14th day of September, 2000.
Michael A. Bussell,
Deputy Director, Office of Water, Region 10.
NPDES Multi-Sector General Permits for Storm Water Discharges
Associated With Industrial Activities
Table of Contents
1. Coverage Under This Permit
1.1 Permit Area
1.2 Eligibility
1.3 How to Obtain Authorization Under This Permit
1.4 Terminating Coverage
1.5 Conditional Exclusion for No Exposure
2. Notice of Intent Requirements
2.1 Notice of Intent (NOI) Deadlines
2.2 Contents of Notice of Intent (NOI)
2.3 Use of NOI Form
2.4 Where to Submit
2.5 Additional Notification
3. Special Conditions
3.1 Hazardous Substances or Oil
3.2 Additional Requirements for Salt Storage
3.3 Discharge Compliance With Water Quality Standards
4. Storm Water Pollution Prevention Plans
4.1 Storm Water Pollution Prevention Plan Requirements
4.2 Contents of Plan
4.3 Maintenance
4.4 Non-Storm Water Discharges
4.5 Documentation of Permit Eligibility Related to Endangered
Species
4.6 Documentation of Permit Eligibility Related to Historic
Places
4.7 Copy of Permit Requirements
4.8 Applicable State, Tribal or Local Plans
4.9 Comprehensive Site Compliance Evaluation
4.10 Maintaining Updated SWPPP
4.11 Signature, Plan Review and Making Plans Available
4.12 Additional Requirements for Storm Water Discharges
Associated With Industrial Activity From Facilities Subject to EPCRA
Section 313 Reporting Requirements
5. Monitoring Requirements and Numeric Limitations
5.1 Types of Monitoring Requirements and Limitations
5.2 Monitoring Instructions
5.3 General Monitoring Waivers
5.4 Monitoring Required by the Director
5.5 Reporting Monitoring Results
6. Sector-Specific Requirements for Industrial Activity
6.A Sector A--Timber Products
6.B Sector B--Paper and Allied Products Manufacturing
6.C Sector C--Chemical and Allied Products Manufacturing
6.D Sector D--Asphalt Paving and Roofing Materials and
Lubricant Manufacturers
6.E Sector D--Glass, Clay, Cement, Concrete, and Gypsum
Products
6.F Sector F--Primary Metals
6.G Sector G--Metal Mining (Ore Mining and Dressing)
6.H Sector H--Coal Mines and Coal Mining Related Facilities
6.I Sector I--Oil and Gas Extraction and Refining
6.J Sector J--Mineral Mining and Dressing
6.K Sector K--Hazardous Waste Treatment, Storage or Disposal
Facilities
6.L Sector L--Landfills, Land Application Sites and Open Dumps
6.M Sector M--Automobile Salvage Yards
6.N Sector N--Scrap Recycling and Waste Recycling Facilities
6.O Sector O--Steam Electric Generating Facilities
6.P Sector P--Land Transportation and Warehousing
6.Q Sector Q--Water Transportation
6.R Sector R--Ship and Boat Building or Repair Yards
6.S Sector S--Air Transportation
6.T Sector T--Treatment Works
6.U Sector U--Food and Kindred Products
6.V Sector V--Textile Mills, Apparel and Other Fabric Products
6.W Sector W--Furniture and Fixtures
6.X Sector X--Printing and Publishing
6.Y Sector Y--Rubber, Miscellaneous Plastic Products and
Miscellaneous Manufacturing Industries
6.Z Sector Z--Leather Tanning and Finishing
6.AA Sector AA--Fabricated Metal Products
6.AB Sector AB--Transportation Equipment, Industrial or
Commercial Machinery
6.AC Sector AC--Electronic, Electrical Equipment and
Components, Photographic and Optical Goods
6.AD Storm Water Discharges Designated By the Director As
Requiring Permits
7. Reporting
7.1 Reporting Results of Monitoring
7.2 Additional Reporting for Dischargers to a Large or Medium
Municipal Separate Storm Sewer System
7.3 Miscellaneous Reports
8. Retention of Records
8.1 Documents
8.2 Accessibility
8.3 Addresses
8.4 State, Tribal, and Other Agencies
9. Standard Permit Conditions
9.1 Duty to Comply
9.2 Continuation of the Expired General Permit
9.3 Need to Halt or Reduce Activity Not a Defense
9.4 Duty to Mitigate
9.5 Duty to Provide Information
9.6 Other Information
9.7 Signatory Requirements
9.8 Penalties for Falsification of Reports
9.9 Oil and Hazardous Substance Liability
9.10 Property Rights
9.11 Severability
9.12 Requiring Coverage Under an Individual Permit or an
Alternative General Permit
9.13 State/Tribal Environmental Laws
9.14 Proper Operation and Maintenance
9.15 Inspection and Entry
9.16 Monitoring and Records
9.17 Permit Actions
10. Reopener Clause
10.1 Water Quality Protection
10.2 Procedures for Modification or Revocation
11. Transfer or Termination of Coverage
11.1 Transfer of Permit Coverage
11.2 Notice of Termination (NOT)
11.3 Addresses
11.4 Facilities Eligible for ``No Exposure'' Exemption for
Storm Water Permitting
12. Definitions
13. Permit Conditions Applicable to Specific State, Indian Country
Lands, or Territories
Addendum A--Endangered Species Guidance
Addendum B--Historic Properties Guidance
Addendum C--New Source Environmental Assessments
Addendum D--Notice of Intent Form
Addendum E--Notice of Termination Form
Addendum F--No Exposure Certification Form
Note: In the Spirit of the Agency's ``Readable Regulations''
policy, this permit was written as much as practicable in a more
reader-friendly, plain language format that should make it easier
for people less familiar with traditional EPA permits and
regulations to read and understand the permit requirements. Terms
like ``you'' and ``your'' are used to refer to the party(ies) that
are operators of a discharge, applicants, permittees, etc. Terms
like ``must'' are used
[[Page 64802]]
instead of ``shall.'' Phrasing such as ``If you. * * * '' is used to
identify conditions that may not apply to all permittees.
1. Coverage Under This Permit
1.1 Permit Area
The permit language is structured as if it were a single permit,
with State, Indian country land or other area-specific conditions
contained in Part 13. Permit coverage is actually provided by legally
separate and distinctly numbered permits, all of which are contained
herein, and which cover each of the areas listed in Parts 1.1.1 through
1.1.10.
Note: EPA can only provide permit coverage for areas and classes
of discharges not within the scope of a State's NPDES authorization.
For discharges not described in an area of coverage below, please
contact the appropriate State NPDES permitting authority to obtain a
permit.
1.1.1 EPA Region 1: CT, MA, ME, NH, RI, VT
The states of Connecticut, Rhode Island, and Vermont are the NPDES
Permitting Authority for the majority of discharges within their
respective states.
------------------------------------------------------------------------
Areas of coverage/where EPA is
Permit No. permitting authority
------------------------------------------------------------------------
CTR05*##I......................... Indian country lands within the
State of Connecticut.
MAR05*###......................... Commonwealth of Massachusetts,
except Indian country lands.
MAR05*##I......................... Indian country lands within the
Commonwealth of Massachusetts.
MER05*###......................... State of Maine, except Indian
country lands.
MER05*##I......................... Indian country lands within the
State of Maine.
NHR05*###......................... State of New Hampshire.
RIR05*##I......................... Indian country lands within the
State of Rhode Island.
VTR05*##F......................... Federal Facilities in the State of
Vermont.
------------------------------------------------------------------------
1.1.2 EPA Region 2: NJ, NY, PR, VI
The state of New York is the NPDES Permitting Authority for the
majority of discharges within that state. New Jersey and the Virgin
Islands are the NPDES Permitting Authority for all discharges within
their respective states.
------------------------------------------------------------------------
Areas of coverage/where EPA is
Permit No. permitting authority
------------------------------------------------------------------------
PRR05*###......................... The Commonwealth of Puerto Rico.
------------------------------------------------------------------------
1.1.3 EPA REGION 3: DE, DC, MD, PA, VA, WV
The state of Delaware is the NPDES Permitting Authority for the
majority of discharges within that state. Maryland, Pennsylvania, and
Virginia, West Virginia are the NPDES Permitting Authority for all
discharges within these states.
------------------------------------------------------------------------
Areas of coverage/where EPA is
Permit No. permitting authority
------------------------------------------------------------------------
DCR05*###......................... The District of Columbia.
DER05*##F......................... Federal Facilities in the State of
Delaware.
------------------------------------------------------------------------
1.1.4 EPA Region 4: AL, FL, GA, KY, MS, NC, SC, TN
The states of Alabama, Florida, Mississippi, and North Carolina are
the NPDES Permitting Authority for the majority of discharges within
their respective states. Georgia, Kentucky, South Carolina and
Tennessee are the NPDES Permitting Authority for all discharges within
their respective states.
------------------------------------------------------------------------
Areas of coverage/where EPA is
Permit No. permitting authority
------------------------------------------------------------------------
ALR05*##I......................... Indian country lands within the
State of Alabama.
FLR05*##I......................... Indian country lands within the
State of Florida.
MSR05*##I......................... Indian country lands within the
State of Mississippi.
NCR05*##I......................... Indian country lands within the
State of North Carolina.
------------------------------------------------------------------------
1.1.5 EPA Region 5: IL, IN, MI, MN, OH, WI
Coverage Not Available.
1.1.6 EPA Region 6: AR, LA, OK, TX, NM (Except See Region 9 for
Navajo Lands, and See Region 8 for Ute Mountain Reservation Lands)
The states of Louisiana, Oklahoma, and Texas are the NPDES
Permitting Authority for the majority of discharges within their
respective states. Arkansas is the NPDES Permitting Authority for all
discharges within that state.
------------------------------------------------------------------------
Areas of coverage/where EPA is
Permit No. permitting authority
------------------------------------------------------------------------
LAR05*##I......................... Indian country lands within the
State of Louisiana.
NMR05*###......................... The State of New Mexico, except
Indian country lands.
NMR05*##I......................... Indian country lands within the
State of New Mexico, except Navajo
Reservation Lands that are covered
under Arizona permit AZR05*##I
listed in Part 1.1.9 and Ute
Mountain Reservation Lands that are
covered under Colorado permit
COR05*##I listed in Part 1.1.8.
OKR05*##I......................... Indian country lands within the
State of Oklahoma.
OKR05*##F......................... Facilities in the State of Oklahoma
not under the jurisdiction of the
Oklahoma Department of
Environmental Quality, except those
on Indian country lands. EPA-
jurisdiction facilities include SIC
codes 1311, 1381, 1382, 1389 and
5171 and point source (but not non-
point source) discharges associated
with agricultural production,
services, and silviculture.
[[Page 64803]]
TXR05*##F......................... Facilities in the State of Texas not
under the jurisdiction of the Texas
Natural Resource Conservation
Commission, except those on Indian
country lands. EPA-jurisdiction
facilities include SIC codes 1311,
1321, 1381, 1382, and 1389 (other
than oil field service company
``home base'' facilities).
TXR05*##I......................... Indian country lands within the
State of Texas.
------------------------------------------------------------------------
1.1.7 EPA Region 7: IA, KS, MO, NE
Coverage Not Available.
1.1.8 EPA Region 8: CO, MT, ND, SD, WY, UT (Except See Region 9
for Goshute Reservation and Navajo Reservation Lands), the Ute
Mountain Reservation in NM, and the Pine Ridge Reservation in NE
The states of Colorado, Montana, North Dakota, South Dakota, Utah,
and Wyoming are the NPDES Permitting Authority for the majority of
discharges within their respective states.
------------------------------------------------------------------------
Areas of coverage/where EPA is
Permit No. permitting authority
------------------------------------------------------------------------
COR05*##F......................... Federal Facilities in the State of
Colorado, except those located on
Indian country lands which are
covered under Colorado permit
CORO5*##I below.
COR05*##I......................... Indian country lands within the
State of Colorado, including the
portion of the Ute Mountain
Reservation located in New Mexico.
MTR05*##I......................... Reserved.
NDR05*##I......................... Indian country lands within the
State of North Dakota, including
that portion of the Standing Rock
Reservation located in South Dakota
except Indian country within the
former boundaries of the Lake
Traverse Reservation that is
covered under South Dakota permit
SDR05*##I listed below.
SDR05*##I......................... Indian country lands within the
State of South Dakota, including
the portion of the Pine Ridge
Reservation located in Nebraska and
the portion of Indian country
within the former boundaries of the
Lake Traverse Reservation located
in North Dakota except for the
Standing Rock Reservation that is
covered under North Dakota permit
NDR05*##I listed above.
UTR05*##I......................... Indian country lands within the
State of Utah, except Goshute and
Navajo Reservation lands that are
covered under Arizona permit
AZR05*##I (Goshute) listed in Part
1.1.9 and Nevada permit NVR05*##I
(Navajo) listed in Part 1.1.9.
WYR05*##I......................... Indian country lands within the
State of Wyoming.
------------------------------------------------------------------------
1.1.9 EPA Region 9: CA, HI, NV, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Goshute
Reservation in UT and NV, the Navajo Reservation in UT, NM, and AZ,
the Duck Valley Reservation in ID, and the Fort McDermitt
Reservation in OR
The states of California and Nevada are the NPDES Permitting
Authority for the majority of discharges within their respective
states. Hawaii is the NPDES Permitting Authority for all discharges
within that state.
------------------------------------------------------------------------
Areas of coverage/where EPA is
Permit No. permitting authority
------------------------------------------------------------------------
ASR05*###......................... The Island of American Samoa.
AZR05*###......................... The State of Arizona, except Indian
country lands.
AZR05*##I......................... Indian country lands within the
State of Arizona, including Navajo
Reservation lands in New Mexico and
Utah.
CAR05*##I......................... Indian country lands within the
State of California.
GUR05*###......................... The Island of Guam.
JAR05*###......................... Johnston Atoll.
MWR05*###......................... Midway Island and Wake Island.
NIR05*###......................... Commonwealth of the Northern Mariana
Islands.
NVR05*##I......................... Indian country lands within the
State of Nevada, including the Duck
Valley Reservation in Idaho, the
Fort McDermitt Reservation in
Oregon and the Goshute Reservation
in Utah.
------------------------------------------------------------------------
1.1.10 Region 10: AK, ID (Except See Region 9 for Duck Valley
Reservation Lands), OR (Except See Region 9 for Fort McDermitt
Reservation), WA
The states of Oregon and Washington are the NPDES Permitting
Authority for the majority of discharges within their respective
states. The 1995 Multi-Sector General Permit was issued in the State of
Alaska on February 9, 1996 (61 FR 5247) and the terms and conditions of
the 1995 permit are effective for facilities in Alaska through February
9, 2001. EPA will reissue this permit for the State of Alaska at a
future date.
------------------------------------------------------------------------
Areas of coverage/where EPA is
Permit No. permitting authority
------------------------------------------------------------------------
AKR05*##I......................... Indian country lands within Alaska.
IDR05*###......................... The State of Idaho, except Indian
country lands.
IDR05*##I......................... Indian country lands within the
State of Idaho, except Duck Valley
Reservation lands which are covered
under Nevada permit NVR05*##I
listed in Part 1.1.9.
ORR05*##I......................... Indian country lands within the
State of Oregon except Fort
McDermitt Reservation lands that
are covered under Nevada permit
NVR05*##I listed in Part 1.1.9.
WAR05*##I......................... Indian country lands within the
State of Washington.
WAR05*##F......................... Federal Facilities in the State of
Washington, except those located on
Indian country lands.
------------------------------------------------------------------------
[[Page 64804]]
1.2 Eligibility
You must maintain permit eligibility to discharge under this
permit. Any discharges that are not compliant with the eligibility
conditions of this permit are not authorized by the permit and you must
either apply for a separate permit to cover those ineligible discharges
or take necessary steps to make the discharges eligible for coverage.
1.2.1 Facilities Covered
Your permit eligibility is limited to discharges from facilities in
the ``sectors'' of industrial activity based on Standard Industrial
Classification (SIC) codes and Industrial Activity Codes summarized in
Table 1-1. References to ``sectors'' in this permit (e.g., sector-
specific monitoring requirements, etc.) refer to these sectors.
Table 1-1.--Sectors of Industrial Activity Covered by This Permit
------------------------------------------------------------------------
SIC code or activity code \1\ Activity represented
------------------------------------------------------------------------
Sector A: Timber Products
------------------------------------------------------------------------
2411.............................. Log Storage and Handling (Wet deck
storage areas only authorized if no
chemical additives are used in the
spray water or applied to the
logs).
2421.............................. General Sawmills and Planning Mills.
2426.............................. Hardwood Dimension and Flooring
Mills.
2429.............................. Special Product Sawmills, Not
Elsewhere Classified.
2431-2439 (except 2434)........... Millwork, Veneer, Plywood, and
Structural Wood (see Sector W).
2448, 2449........................ Wood Containers.
2451, 2452........................ Wood Buildings and Mobile Homes.
2491.............................. Wood Preserving.
2493.............................. Reconstituted Wood Products.
2499.............................. Wood Products, Not Elsewhere
Classified.
------------------------------------------------------------------------
Sector B: Paper and Allied Products
------------------------------------------------------------------------
2611.............................. Pulp Mills.
2621.............................. Paper Mills.
2631.............................. Paperboard Mills.
2652-2657......................... Paperboard Containers and Boxes.
2671-2679......................... Converted Paper and Paperboard
Products, Except Containers and
Boxes.
------------------------------------------------------------------------
Sector C: Chemical and Allied Products
------------------------------------------------------------------------
2812-2819......................... Industrial Inorganic Chemicals.
2821-2824......................... Plastics Materials and Synthetic
Resins, Synthetic Rubber,
Cellulosic and Other Manmade Fibers
Except Glass.
2833-2836......................... Medicinal chemicals and botanical
products; pharmaceutical
preparations; in vitro and in vivo
diagnostic substances; biological
products, except diagnostic
substances.
2841-2844......................... Soaps, Detergents, and Cleaning
Preparations; Perfumes, Cosmetics,
and Other Toilet Preparations.
2851.............................. Paints, Varnishes, Lacquers,
Enamels, and Allied Products.
2861-2869......................... Industrial Organic Chemicals.
2873-2879......................... Agricultural Chemicals.
2873.............................. Facilities that Make Fertilizer
Solely from Leather Scraps and
Leather Dust.
2891-2899......................... Miscellaneous Chemical Products.
3952 (limited to list)............ Inks and Paints, Including China
Painting Enamels, India Ink,
Drawing Ink, Platinum Paints for
Burnt Wood or Leather Work, Paints
for China Painting, Artist's Paints
and Artist's Watercolors.
------------------------------------------------------------------------
Sector D: Asphalt Paving and Roofing Materials and Lubricants
------------------------------------------------------------------------
2951, 2952........................ Asphalt Paving and Roofing
Materials.
2992, 2999........................ Miscellaneous Products of Petroleum
and Coal.
------------------------------------------------------------------------
Sector E: Glass Clay, Cement, Concrete, and Gypsum Products
------------------------------------------------------------------------
3211.............................. Flat Glass.
3221, 3229........................ Glass and Glassware, Pressed or
Blown.
3231.............................. Glass Products Made of Purchased
Glass.
3241.............................. Hydraulic Cement.
3251-3259......................... Structural Clay Products.
3261-3269......................... Pottery and Related Products.
3271-3275......................... Concrete, Gypsum and Plaster
Products.
3291-3299......................... Abrasive, Asbestos, and
Miscellaneous Nonmetallic Mineral
Products.
------------------------------------------------------------------------
Sector F: Primary Metals
------------------------------------------------------------------------
3312-3317......................... Steel Works, Blast Furnaces, and
Rolling and Finishing Mills.
3321-3325......................... Iron and Steel Foundries.
3331-3339......................... Primary Smelting and Refining of
Nonferrous Metals.
3341.............................. Secondary Smelting and Refining of
Nonferrous Metals.
3351-3357......................... Rolling, Drawing, and Extruding of
Nonferrous Metals.
[[Page 64805]]
3363-3369......................... Nonferrous Foundries (Castings).
3398, 3399........................ Miscellaneous Primary Metal
Products.
------------------------------------------------------------------------
Sector G: Metal Mining (Ore Mining and Dressing)
------------------------------------------------------------------------
1011.............................. Iron Ores.
1021.............................. Copper Ores.
1031.............................. Lead and Zinc Ores.
1041, 1044........................ Gold and Silver Ores.
1061.............................. Ferroalloy Ores, Except Vanadium.
1081.............................. Metal Mining Services.
1094, 1099........................ Miscellaneous Metal Ores.
------------------------------------------------------------------------
Sector H: Coal Mines and Coal Mining Related Facilities
------------------------------------------------------------------------
1221-1241......................... Coal Mines and Coal Mining-Related
Facilities.
------------------------------------------------------------------------
Sector I: Oil and Gas Extraction and Refining
------------------------------------------------------------------------
1311.............................. Crude Petroleum and Natural Gas.
1321.............................. Natural Gas Liquids.
1381-1389......................... Oil and Gas Field Services.
2911.............................. Petroleum Refineries.
------------------------------------------------------------------------
Sector J: Mineral Mining and Dressing
------------------------------------------------------------------------
1411.............................. Dimension Stone.
1422-1429......................... Crushed and Broken Stone, Including
Rip Rap.
1442, 1446........................ Sand and Gravel
1455, 1459........................ Clay, Ceramic, and Refractory
Materials.
1474-1479......................... Chemical and Fertilizer Mineral
Mining.
1481.............................. Nonmetallic Minerals Services,
Except Fuels.
1499.............................. Miscellaneous Nonmetallic Minerals,
Except Fuels.
------------------------------------------------------------------------
Sector K: Hazardous Waste Treatment, Storage, or Disposal Facilities
------------------------------------------------------------------------
HZ................................ Hazardous Waste Treatment Storage or
Disposal.
------------------------------------------------------------------------
Sector L: Landfills and Land Application Sites
------------------------------------------------------------------------
LF................................ Landfills, Land Application Sites,
and Open Dumps.
------------------------------------------------------------------------
Sector M: Automobile Salvage Yards
------------------------------------------------------------------------
5015.............................. Automobile Salvage Yards.
------------------------------------------------------------------------
Sector N: Scrap Recycling Facilities
------------------------------------------------------------------------
5093.............................. Scrap Recycling Facilities.
------------------------------------------------------------------------
Sector O: Steam Electric Generating Facilities
------------------------------------------------------------------------
SE................................ Steam Electric Generating
Facilities.
------------------------------------------------------------------------
Sector P: Land Transportation and Warehousing
------------------------------------------------------------------------
4011, 4013........................ Railroad Transportation.
4111-4173......................... Local and Highway Passenger
Transportation.
4212-4231......................... Motor Freight Transportation and
Warehousing.
4311.............................. United States Postal Service.
5171.............................. Petroleum Bulk Stations and
Terminals.
------------------------------------------------------------------------
Sector Q: Water Transportation
------------------------------------------------------------------------
4412-4499......................... Water Transportation.
------------------------------------------------------------------------
Sector R: Ship and Boat Building or Repairing Yards
------------------------------------------------------------------------
3731,3732......................... Ship and Boat Building or Repairing
Yards.
------------------------------------------------------------------------
Sector S: Air Transportation
------------------------------------------------------------------------
4512-4581......................... Air Transportation Facilities.
------------------------------------------------------------------------
[[Page 64806]]
Sector T: Treatment Works
------------------------------------------------------------------------
TW................................ Treatment Works.
------------------------------------------------------------------------
Sector U: Food and Kindred Products
------------------------------------------------------------------------
2011-2015......................... Meat Products.
2021-2026......................... Dairy Products.
2032.............................. Canned, Frozen and Preserved Fruits,
Vegetables and Food Specialties.
2041-2048......................... Grain Mill Products.
2051-2053......................... Bakery Products.
2061-2068......................... Sugar and Confectionery Products.
2074-2079......................... Fats and Oils.
2082-2087......................... Beverages.
2091-2099......................... Miscellaneous Food Preparations and
Kindred Products.
2111-2141......................... Tobacco Products.
------------------------------------------------------------------------
Sector V: Textile Mills, Apparel, and Other Fabric Product
Manufacturing, Leather and Leather Products
------------------------------------------------------------------------
2211-2299......................... Textile Mill Products.
2311-2399......................... Apparel and Other Finished Products
Made From Fabrics and Similar
Materials.
3131-3199 (except 3111)........... Leather and Leather Products, except
Leather Tanning and Finishing (see
Sector Z).
------------------------------------------------------------------------
Sector W: Furniture and Fixtures
------------------------------------------------------------------------
2434.............................. Wood Kitchen Cabinets.
2511-2599......................... Furniture and Fixtures.
------------------------------------------------------------------------
Sector X: Printing and Publishing
------------------------------------------------------------------------
2711-2796......................... Printing, Publishing, and Allied
Industries.
------------------------------------------------------------------------
Sector Y: Rubber, Miscellaneous Plastic Products, and Miscellaneous
Manufacturing Industries.
------------------------------------------------------------------------
3011.............................. Tires and Inner Tubes.
3021.............................. Rubber and Plastics Footwear.
3052, 3053........................ Gaskets, Packing, and Sealing
Devices and Rubber and Plastics
Hose and Belting.
3061, 3069........................ Fabricated Rubber Products, Not
Elsewhere Classified.
3081-3089......................... Miscellaneous Plastics Products.
3931.............................. Musical Instruments.
3942-3949......................... Dolls, Toys, Games and Sporting and
Athletic Goods.
3951-3955 (except 3952 facilities Pens, Pencils,and Other Artists'
as specified in Sector C). Materials.
3961, 3965........................ Costume Jewelry, Costume Novelties,
Buttons, and Miscellaneous Notions,
Except Precious Metal.
3991-3999......................... Miscellaneous Manufacturing
Industries.
------------------------------------------------------------------------
3411-3499......................... Fabricated Metal Products, Except
Machinery and Transportation
Equipment.
3911-3915......................... Jewelry, Silverware, and Plated
Ware.
------------------------------------------------------------------------
Sector AB: Transportation Equipment, Industrial or Commercial Machinery
------------------------------------------------------------------------
3511-3599 (except 3571-3579)...... Industrial and Commercial Machinery
(except Computer and Office
Equipment) (see Sector AC).
3711-3799 (except 3731, 3732)..... Transportation Equipment (except
Ship and Boat Building and
Repairing) (see Sector R).
------------------------------------------------------------------------
Sector AC: Electronic, Electrical, Photographic, and Optical Goods
------------------------------------------------------------------------
3571-3579......................... Computer and Office Equipment.
3612-3699......................... Electronic, Electrical Equipment and
Components, except Computer
Equipment.
3812.............................. Measuring, Analyzing and Controlling
Instrument; Photographic and
Optical Goods.
------------------------------------------------------------------------
Sector AD: Non-Classified Facilities
------------------------------------------------------------------------
N/A............................... Other storm water discharges
designated by the Director as
needing a permit (see 40 CFR
122.26(g)(1)(I)) or any facility
discharging storm water associated
with industrial activity not
described by any of Sectors A-AC.
Note: Facilities may not elect to
be covered under Sector AD. Only
the Director may assign a facility
to Sector AD.
------------------------------------------------------------------------
\1\ A complete list of SIC codes (and conversions from the newer North
American Industry Classification System (NAICS)) can be obtained from
the Internet at http://www.census.gov/epcd/www/naics.html or in paper
form from various locations in the document entitled ``Handbook of
Standard Industrial Classifications,'' Office of Management and
Budget, 1987. Industrial activity codes are provided on the Multi-
Sector General Permit Notice of Intent (NOI) application form (EPA
Form Number 3510-6).
[[Page 64807]]
1.2.1.1 Co-located Activities. If you have co-located industrial
activities on-site that are described in a sector(s) other than your
primary sector, you must comply with all other applicable sector-
specific conditions found in Part 6 for the co-located industrial
activities. The extra sector-specific requirements are applied only to
those areas of your facility where the extra-sector activities occur.
An activity at a facility is not considered co-located if the activity,
when considered separately, does not meet the description of a category
of industrial activity covered by the storm water regulations, and
identified by the MSGP-2000 SIC code list. For example, unless you are
actually hauling substantial amounts of freight or materials with your
own truck fleet or are providing a trucking service to outsiders,
simple maintenance of vehicles used at your facility is unlikely to
meet the SIC code group 42 description of a motor freight
transportation facility. Even though Sector P may not apply, the runoff
from your vehicle maintenance facility would likely still be considered
storm water associated with industrial activity. As such, your SWPPP
must still address the runoff from the vehicle maintenance facility--
although not necessarily with the same degree of detail as required by
Sector P--but you would not be required to monitor as per Sector P.
If runoff from co-located activities commingles, you must monitor
the discharge as per the requirements of all applicable sectors
(regardless of the actual location of the discharge). If you comply
with all applicable requirements from all applicable sections of Part 6
for the co-located industrial activities, the discharges from these co-
located activities are authorized by this permit.
1.2.2 Discharges Covered
1.2.2.1 Allowable Storm Water Discharges. Subject to compliance
with the terms and conditions of this permit, you are authorized to
discharge pollutants in:
1.2.2.1.1 Discharges of storm water runoff associated with
industrial activities as defined in 40 CFR 122.26 (b)(14)(i-ix and xi)
from the sectors of industry described in Table 1-1, and that are
specifically identified by outfall or discharge location in the Storm
Water Pollution Prevention Plan (see Part 4.2.2.3.7);
1.2.2.1.2 Non-storm water discharges as noted in Part 1.2.2.2 or
otherwise specifically allowed by the permit;
1.2.2.1.3 Discharges subject to an effluent guideline listed in
Table 1-2 that also meet all other eligibility requirements of the
permit. Interim coverage is also available for discharges subject to a
new storm water effluent limitation guideline promulgated after the
effective date of this permit. Discharges subject to a New Source
Performance Standard (NSPS) effluent guideline must also meet the
requirements of Part 1.2.4.;
1.2.2.1.4 Discharges designated by the Director as needing a storm
water permit under 40 CFR 122.26(a)(1)(v) or under 122.26(a)(9) and
122.26(g)(1)(i); and
1.2.2.1.5 Discharges comprised of a discharge listed in Parts
1.2.2.1.1 to 1.2.2.1.4 above commingled with a discharge authorized by
a different NPDES permit and/or a discharge that does not require NPDES
permit authorization.
Table 1-2.--Effluent Guidelines Applicable to Discharges That May Be
Eligible for Permit Coverage
------------------------------------------------------------------------
New source
performance Sectors with
Effluent guideline standards included affected
in effluent facilities
guidelines?
------------------------------------------------------------------------
Runoff from material storage Yes................ E
piles at cement manufacturing
facilities [40 CFR Part 411
Subpart C (established
February 23, 1977)].
Contaminated runoff from Yes................ C
phosphate fertilizer
manufacturing facilities [40
CFR Part 418 Subpart A
(established April 8, 1974)].
Coal pile runoff at steam Yes................ O
electric generating facilities
[40 CFR Part 423 (established
November 19, 1982)].
Discharges resulting from spray Yes................ A
down or intentional wetting of
logs at wet deck storage areas
[40 CFR Part 429, Subpart I
(established January 26,
1981)].
Mine dewatering discharges at No................. J
crushed stone mines [40 CFR
part 436, Subpart B].
Mine dewatering discharges at No................. J
construction sand and gravel
mines [40 CFR part 436,
Subpart C].
Mine dewatering discharges at No................. J
industrial sand mines [40 CFR
part 436, Subpart D].
Runoff from asphalt emulsion Yes................ D
facilities [40 CFR Part 443
Subpart A (established July
24, 1975)].
Runoff from landfills, [40 CFR Yes................ K & L
Part 445, Subpart A and B
(established February 2, 2000].
------------------------------------------------------------------------
1.2.2.2 Allowable Non-Storm Water Discharges. You are also
authorized for the following non-storm water discharges, provided the
non-storm water component of your discharge is in compliance with Part
4.4.2 (non-storm water discharges):
1.2.2.2.1 Discharges from fire fighting activities;
1.2.2.2.2 Fire hydrant flushings;
1.2.2.2.3 Potable water including water line flushings;
1.2.2.2.4 Uncontaminated air conditioning or compressor
condensate;
1.2.2.2.5 Irrigation drainage;
1.2.2.2.6 Landscape watering provided all pesticides, herbicides,
and fertilizer have been applied in accordance with manufacturer's
instructions;
1.2.2.2.7 Pavement wash waters where no detergents are used and no
spills or leaks of toxic or hazardous materials have occurred (unless
all spilled material has been removed);
1.2.2.2.8 Routine external building wash down which does not use
detergents;
1.2.2.2.9 Uncontaminated ground water or spring water;
1.2.2.2.10 Foundation or footing drains where flows are not
contaminated with process materials such as solvents;
1.2.2.2.11 Incidental windblown mist from cooling towers that
collects on rooftops or adjacent portions of your facility, but NOT
intentional discharges from the cooling tower (e.g., ``piped'' cooling
tower blowdown or drains).
1.2.3 Limitations on Coverage
1.2.3.1 Prohibition on Discharges Mixed with Non-Storm Water. You
are not authorized for discharges that are mixed with sources of non-
storm water. This exclusion does not apply to discharges identified in
Part 1.2.2.2, provided the discharges are in compliance with Part 4.4.2
(Storm
[[Page 64808]]
Water Pollution Prevention Plan requirements for authorized non-storm
water discharges), and to any discharge explicitly authorized by the
permit.
1.2.3.2 Storm Water Discharges Associated with Construction
Activity. You are not authorized for storm water discharges associated
with construction activity as defined in 40 CFR 122.26(b)(14)(x) or 40
CFR 122.26(b)(15).
1.2.3.3 Discharges Currently or Previously Covered by Another
Permit. You are not authorized for the following:
1.2.3.3.1 Storm water discharges associated with industrial
activity that are currently covered under an individual permit or an
alternative general permit.
1.2.3.3.2 Discharges previously covered by an individual permit or
alternative general permit (except the 1992 ``Baseline'' or the 1995
Multi-Sector NPDES General Permits for Storm Water Discharges
Associated With Industrial Activity) that has expired, or been
terminated at the request of the permittee unless:
1.2.3.3.2.1 The individual permit did not contain numeric water
quality-based limitations developed for the storm water component of
the discharge; and
1.2.3.3.2.2 The permittee includes any specific BMPs for storm
water required under the individual permit in the SWPPP required under
Part 4 of this permit.
1.2.3.3.3 Storm water discharges associated with industrial
activity from facilities where any NPDES permit has been or is in the
process of being denied, terminated, or revoked by the Director (other
than in a replacement permit issuance process). Upon request, the
Director may waive this exclusion if operator of the facility has since
passed to a different owner/operator and new circumstances at the
facility justify a waiver.
1.2.3.4 Discharges Subject to Effluent Limitations Guidelines. You
are not authorized for discharges subject to any effluent limitation
guideline that is not included in Table 1-2. For discharges subject to
a New Source Performance Standard (NSPS) effluent guideline identified
in Table 1-2, you must comply with Part 1.2.4 prior to being eligible
for permit coverage.
1.2.3.5 Discharge Compliance with Water Quality Standards. You are
not authorized for storm water discharges that the Director determines
will cause, or have reasonable potential to cause or contribute to,
violations of water quality standards. Where such determinations have
been made, the Director may notify you that an individual permit
application is necessary in accordance with Part 9.12. However, the
Director may authorize your coverage under this permit after you have
included appropriate controls and implementation procedures designed to
bring your discharges into compliance with water quality standards in
your Storm Water Pollution Prevention Plan.
1.2.3.6 Endangered and Threatened Species or Critical Habitat
Protection. You are not authorized for discharges that do not avoid
unacceptable effects on Federally listed endangered and threatened
(``listed'') species or designated critical habitat (``critical
habitat'').
Caution: Additional endangered and threatened species have been
listed and critical habit designated since the 1995 MSGP was issued.
Even if you were previously covered by the 1995 MSGP, you must
determine eligibility for this permit through the processes
described below and in Addendum A. Where applicable, you may
incorporate information from your previous endangered species
analysis in your documentation of eligibility for this permit.
1.2.3.6.1 Coverage under this permit is available only if your
storm water discharges, allowable non-storm water discharges, and
discharge-related activities are not likely to jeopardize the continued
existence of any species that are listed as endangered or threatened
(``listed'') under the ESA or result in the adverse modification or
destruction of habitat that is designated or proposed to be designated
as critical under the ESA (``critical habitat''). Submission of a
signed NOI will be deemed to also constitute your certification of
eligibility.
1.2.3.6.2 ``Discharge-related activities'' include: activities
which cause, contribute to, or result in storm water point source
pollutant discharges; and measures to control storm water discharges
including the siting, construction and operation of best management
practices (BMPs) to control, reduce or prevent storm water pollution.
1.2.3.6.3 Determining Eligibility: You must use the most recent
Endangered and Threatened Species County-Species List available from
EPA and the process in Addendum A (ESA Screening Process) to determine
your eligibility PRIOR to submittal of your NOI. As of the effective
date of this permit, the most current version of the List is located on
the EPA Office of Water Web site at http://www.epa.gov/owm/esalst2.htm.
You must meet one or more of the criteria in 1.2.3.6.3.1 through
1.2.3.6.3.5 below for the entire term of coverage under the permit. You
must include a certification of eligibility and supporting
documentation on the eligibility determination in your Storm Water
Pollution Prevention Plan.
1.2.3.6.3.1 Criteria A: No endangered or threatened species or
critical habitat are in proximity to your facility or the point where
authorized discharges reach the receiving water; or
1.2.3.6.3.2 Criteria B: In the course of a separate federal action
involving your facility (e.g., EPA processing request for an individual
NPDES permit, issuance of a CWA Sec. 404 wetlands dredge and fill
permit, etc.), formal or informal consultation with the Fish and
Wildlife Service and/or the National Marine Fisheries Service (the
``Services'') under section 7 of the Endangered Species Act (ESA) has
been concluded and that consultation:
(a) Addressed the effects of your storm water discharges, allowable
non-storm water discharges, and discharge-related activities on listed
species and critical habitat and
(b) The consultation resulted in either a no jeopardy opinion or a
written concurrence by the Service on a finding that your storm water
discharges, allowable non-storm water discharges, and discharge-related
activities are not likely to adversely affect listed species or
critical habitat; or
1.2.3.6.3.3 Criteria C: Your activities are authorized under
section 10 of the ESA and that authorization addresses the effects of
your storm water discharges, allowable non-storm water discharges, and
discharge-related activities on listed species and critical habitat; or
1.2.3.6.3.4 Criteria D: Using best judgement, you have evaluated
the effects of your storm water discharges, allowable non-storm water
discharges, and discharge-related activities on listed endangered or
threatened species and critical habitat and do not have reason to
believe listed species or critical habitat would be adversely affected.
1.2.3.6.3.5 Criteria E: Your storm water discharges, allowable
non-storm water discharges, and discharge-related activities were
already addressed in another operator's certification of eligibility
under Part 1.2.3.6.3.1 through 1.2.3.6.3.4 which included your
facility's activities. By certifying eligibility under this Part, you
agree to comply with any measures or controls upon which the other
operator's certification was based;
1.2.3.6.4 The Director may require any permittee or applicant to
provide documentation of the permittee or applicant's determination of
eligibility for this permit using the procedures in Addendum A where
EPA or the Fish
[[Page 64809]]
and Wildlife and/or National Marine Fisheries Services determine that
there is a potential impact on endangered or threatened species or a
critical habitat.
1.2.3.6.5 You are not authorized to discharge if the discharges or
discharge-related activities cause a prohibited ``take'' of endangered
or threatened species (as defined under section 3 of the Endangered
Species Act and 50 CFR 17.3), unless such takes are authorized under
sections 7 or 10 of the Endangered Species Act.
1.2.3.6.6 You are not authorized for any discharges where the
discharges or discharge-related activities are likely to jeopardize the
continued existence of any species that are listed as endangered or
threatened under the ESA or result in the adverse modification or
destruction of habitat that is designated or proposed to be designated
as critical under the ESA.
1.2.3.6.7 The Endangered Species Act (ESA) provisions upon which
part 1.2.3.6 is based do not apply to state-issued permits. Should
administration of all or a portion of this permit be transfer to a
State as a result of that State assuming the NPDES program pursuant to
Clean Water Act Sec. 402(b), Part 1.2.3.6 will not apply to any new
NOIs submitted to the State after the State assumes administration of
the permit (unless otherwise provided in the state program
authorization agreement). Likewise, any other permit conditions based
on Part 1.2.3.6 will no longer apply to new NOIs accepted by the NPDES-
authorized state.
1.2.3.7 Storm water Discharges and Storm Water Discharge-Related
Activities with Unconsidered Adverse Effects on Historic Properties.
1.2.3.7.1 Determining Eligibility: In order to be eligible for
coverage under this permit, you must be in compliance with the National
Historic Preservation Act. Your discharges may be authorized under this
permit only if:
1.2.3.7.1.1 Criteria A: Your storm water discharges, allowable
non-storm water discharges, and discharge-related activities do not
affect a property that is listed or is eligible for listing on the
National Register of Historic Places as maintained by the Secretary of
the Interior; or
1.2.3.7.1.2 Criteria B: You have obtained and are in compliance
with a written agreement with the State Historic Preservation Officer
(SHPO) or Tribal Historic Preservation Officer (THPO) that outlines all
measures you will undertake to mitigate or prevent adverse effect to
the historic property.
1.2.3.7.2 Addendum B of this permit provides guidance and
references to assist you with determining your permit eligibility
concerning this provision.
1.2.3.8 Discharges to Water Quality-Impaired or Water Quality-
Limited Receiving Waters.
1.2.3.8.1 You are not authorized to discharge if your discharge is
prohibited under 40 CFR 122.4(i).
1.2.3.8.2 You are not authorized to discharge any pollutant into
any water for which a Total Maximum Daily Load (TMDL) has been either
established or approved by the EPA unless your discharge is consistent
with that TMDL.
1.2.3.9 Storm Water Discharges Subject to Anti-degradation Water
Quality Standards. You are not authorized for discharges that do not
comply with your State or Tribe's anti-degradation policy for water
quality standards. State and Tribal anti-degradation policies can be
obtained from the appropriate State or Tribal environmental office or
their Internet sites.
1.2.4 Discharges Subject to New Source Performance Standards
(NSPS)1 2
1.2.4.1 Documentation of New Source Review. If you have a
discharge(s) subject to a NSPS effluent guideline, you must obtain and
retain the following on site prior to the submittal of your Notice of
Intent:
---------------------------------------------------------------------------
\1\ NSPS apply only to discharges from those facilities or
installations that were constructed after the promulgation of NSPS.
For example, storm water discharges from areas where the production
of asphalt paving and roofing emulsions occurs are subject to NSPS
only if the asphalt emulsion facility was constructed after July 24,
1975.
\2\ The provisions specified in Part 1.2.2.3 and Part 1.2.4
related to documenting New Source reviews are requirements of
Federal programs under the National Environmental Policy Act of 1969
and will not apply to such facilities in the event that authority
for the NPDES program has been assumed by the State/Tribe agency and
administration of this permit has been transferred to the State/
Tribe.
---------------------------------------------------------------------------
1.2.4.1.1 Documentation from EPA of ``No Significant Impact'' or
1.2.4.1.2 A completed Environmental Impact Statement in accordance
with an environmental review conducted by EPA pursuant to 40 CFR
6.102(a)(6).
1.2.4.2 Initiating a New Source Review. If the Agency's decision
has not been obtained, you may use the format and procedures specified
in Addendum C to submit information to EPA to initiate the process of
the environmental review.
To maintain eligibility, you must implement any mitigation required
of the facility as a result of the National Environmental Policy Act
(NEPA) review process. Failure to implement mitigation measures upon
which the Agency's NEPA finding is based is grounds for termination of
permit coverage.
1.2.4.3 NEPA Requirements after State Assumption of this Permit.
The National Environmental Policy Act (NEPA) provisions upon which part
1.2.4 is based do not apply to state-issued permits. Should
administration of all or a portion of this permit be transfer to a
State as a result of that State assuming the NPDES program pursuant to
Clean Water Act Sec. 402(b), Part 1.2.4 will not apply to any new NOIs
submitted to the State after the State assumes administration of the
permit. Likewise, any other permit conditions based on Part 1.2.4 will
no longer apply to new NOIs accepted by the NPDES-authorized state.
1.3 How To Obtain Authorization Under This Permit
1.3.1 Basic Eligibility
You may be authorized under this permit only if you have a
discharge of storm water associated with industrial activity from your
facility. In order to obtain authorization under this permit, you must:
1.3.1.1 Meet the Part 1.2 eligibility requirements; and
1.3.1.2 Develop and implement a Storm Water Pollution Prevention
Plan (SWPPP) (see definition in Part 12) according to the requirements
in Part 4 of this permit.
1.3.1.3 Submit a complete Notice of Intent (NOI) in accordance
with the requirements of Part 2 of this permit. Any new operator at a
facility, including those who replace an operator who has previously
obtained permit coverage, must submit an NOI to be covered for
discharges for which they are the operator.
1.3.2 Effective Date of Permit Coverage
Unless notified by the Director to the contrary, if you submit a
correctly completed NOI in accordance with the requirements of this
permit, you are authorized to discharge under the terms and conditions
of this permit two (2) days after the date the NOI is postmarked (but
in no event, earlier than the effective date of the permit). The
Director may deny coverage under this permit and require submission of
an application for an individual NPDES permit based on a review of your
NOI or other information (see Part 9.12). Authorization to discharge is
not automatically granted two days after the NOI is mailed if your NOI
is materially incomplete (e.g., critical information left off, NOI
unsigned, etc.) or if your discharge(s) is not eligible for coverage by
the permit.
[[Page 64810]]
1.4 Terminating Coverage
1.4.1 Submitting a Notice of Termination
If you wish to terminate coverage under this permit, you must
submit a Notice of Termination (NOT) in accordance with Part 11 of this
permit. You must continue to comply with this permit until you submit
an NOT. Your authorization to discharge under the permit terminates at
midnight of the day the NOT is signed.
1.4.2 When to Submit an NOT
You must submit an NOT within thirty (30) days after one or more of
the following conditions have been met:
1.4.2.1 A new owner/operator has assumed responsibility for the
facility
1.4.2.2 You have ceased operations at the facility and there no
longer are discharges of storm water associated with industrial
activity from the facility and you have already implemented necessary
sediment and erosion controls as required by Part 4.2.7.2.2.1
1.4.3 Discharges After the NOT Is Submitted
Enforcement actions may be taken if you submit an NOT without
meeting one or more of these conditions, unless you have obtained
coverage under an alternate permit or have satisfied the requirements
of Part 1.5.
1.5 Conditional Exclusion for No Exposure
If you are covered by this permit, but later are able to file a
``no exposure'' certification to be excluded from permitting under 40
CFR 122.26(g), you are no longer authorized by nor required to comply
with this permit. If you are no longer required to have permit coverage
due to a ``no exposure'' exclusion, you are not required to submit a
Notice of Termination.
2. Notice of Intent Requirements
2.1 Notice of Intent (NOI) Deadlines
Your NOI must be submitted in accordance with the deadlines in
Table 2-1. You must meet all applicable eligibility conditions of Part
1.2 before you submit your NOI.
Table 2.-1--Deadlines for NOI Submittal
------------------------------------------------------------------------
Category Deadline
------------------------------------------------------------------------
1. Existing discharges covered under the December 29, 2000.
1995 MSGP (see also Part 2.1.2--Interim
Coverage).
2. New discharges......................... Two (2) days prior to
commencing operation of the
facility with discharges of
storm water associated with
industrial activity.
3. New owner/operator of existing Two (2) days prior to taking
discharges. operational control of the
facility.
4. Continued coverage when the permit See Part 9.2
expires in 2005.
------------------------------------------------------------------------
Only one NOI need be submitted to cover all of your activities at
the facility (e.g., you do not need to submit a separate NOI for each
separate type of industrial activity located at a facility or
industrial complex, provided your SWPPP covers each area for which you
are an operator).
2.1.1 Submitting a Late NOI
You are not prohibited from submitting an NOI after the dates
provided in Table 2-1. If a late NOI is submitted, your authorization
is only for discharges that occur after permit coverage is granted. The
Agency reserves the right to take appropriate enforcement actions for
any unpermitted discharges.
2.1.2 Interim Permit Coverage for 1995 MSGP Permittees
If you had coverage for your facility under the 1995 MSGP, you may
be eligible for continued coverage under this permit on an interim
basis.
2.1.2.1 Discharges Authorized Under the 1995 MSGP. If permit
coverage for your facility under the 1995 MSGP was effective as of the
date the 1995 MSGP expired (or the date this permit replaced the 1995
MSGP if earlier), your authorization is automatically continued into
this replacement permit on an interim basis for up to ninety (90) days
from the effective date of the permit. Interim coverage will terminate
earlier than the 90 days when an NOI has been submitted and coverage
either granted or denied; or after submittal of an NOT.
2.1.2.2 Discharges Authorized Under the 1995 MSGP, But Not Clearly
Eligible for Coverage Under This Permit. If you were previously covered
by the 1995 MSGP, but cannot meet (or cannot immediately determine if
you meet) the eligibility requirements of this permit, you may
nonetheless be authorized under this permit for a period not to exceed
270 days from the date this permit is published in the Federal
Register, provided you submit an application for an alternative permit
within 90 days from the permit publication date.
2.1.2.3 Interim Coverage Permit Requirements. While you are
operating under interim coverage status, you must:
2.1.2.3.1 Submit a complete NOI (see Part 2.2) by the deadlines
listed in Table 2-1 or Part 2.1.2.2 above.
2.1.2.3.2 Comply with the terms and conditions of the 1995 MSGP.
2.1.2.3.3 Update your Storm Water Pollution Prevention Plan to
comply with the requirements of this permit within 90 days after the
effective date of this permit.
2.2 Contents of Notice of Intent (NOI)
Your NOI for coverage under this permit must include the following
information:
2.2.1 Permit Selection
2.2.1.1 If you were covered under the previous MSGP, provide the
permit number assigned to your facility.
2.2.2 Owner/Operator Information
2.2.2.1 The name, address, and telephone number of the operator
(e.g., your company, etc.) filing the NOI for permit coverage;
2.2.3 Facility Information
2.2.3.1 The name (or other identifier), address, county, and
latitude/longitude of the facility for which the NOI is submitted;
2.2.3.2 An indication of whether you are a Federal, State, Tribal,
private, or other public entity;
2.2.3.3 An indication of whether the facility is located on Indian
country lands;
2.2.3.4 Certification that a Storm Water Pollution Prevention Plan
(SWPPP) meeting the requirements of Part 4 has been developed
(including attaching a copy of this permit to the plan;
2.2.3.5 The name of the receiving water(s);
2.2.3.6 The name of the municipal operator if the discharge is
through a municipal separate storm sewer system, unless you are the
owner/operator of that municipal separate storm sewer system;
2.2.3.7 Identification of applicable sector(s) in this permit, as
designated in Table 1-1, that cover the discharges associated with
industrial activity you wish to cover under this permit;
2.2.3.8 Up to four 4-digit Standard Industrial Classification
(SIC) codes or
[[Page 64811]]
the 2-letter Activity Codes for hazardous waste treatment, storage, or
disposal activities (HZ); land/disposal facilities that receive or have
received any industrial waste (LF); steam electric power generating
facilities (SE); or treatment works treating domestic sewage (TW) that
best represent the principal products produced or services rendered by
your facility and major co-located activities;
2.2.4 Eligibility Screening
2.2.4.1 Based on the instructions in Addendum A, whether any
listed or proposed threatened or endangered species, or designated
critical habitat, are in proximity to the storm water discharges or
storm water discharge-related activities to be covered by this permit;
2.2.4.2 Whether any historic property listed or eligible for
listing on the National Register of Historic Places is located on the
facility or in proximity to the discharge;
2.2.4.3 A signed and dated certification, signed by a authorized
representative of your facility and maintained with your SWPPP, as
detailed in Part 9.7 that certifies the following:
``I certify under penalty of law that I have read and understand
the Part 1.2 eligibility requirements for coverage under the multi-
sector storm water general permit including those requirements
relating to the protection of endangered or threatened species or
critical habitat. To the best of my knowledge, the storm water and
allowable non-storm discharges authorized by this permit (and
discharged related activities), pose no jeopardy to endangered or
threatened species or critical habitat, or are otherwise eligible
for coverage under Part 1.2.3.6 of the permit. To the best of my
knowledge, I further certify that such discharges and discharge
related activities do not have an effect on properties listed or
eligible for listing on the National Register or Historic Places
under the National Historic Preservation Act, or are otherwise
eligible for coverage under Part 1.2.3.7 of the permit. I understand
that continued coverage under the multi-sector storm water general
permit is contingent upon maintaining eligibility as provided for in
Part 1.2''
2.3 Use of NOI Form
You must submit the information required under Part 2.2 on the
latest version of the NOI form (or photocopy thereof) contained in
Addendum D. Your NOI must be signed and dated in accordance with Part
9.7 of this permit.
Note: If EPA notifies dischargers (either directly, by public
notice, or by making information available on the Internet) of other
NOI form options that become available at a later date (e.g.,
electronic submission of forms), you may take advantage of those
options to satisfy the NOI use and submittal requirements of Part 2.
2.4 Where To Submit
Your NOI must be signed in accordance with Part 9.7 of this permit
and submitted to the Director of the NPDES Permitting Program at the
following address: Storm Water Notice of Intent (4203), US EPA, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
2.5 Additional Notification
If your facility discharges through a large or medium municipal
separate storm sewer system (MS4), or into a MS4 that has been
designated by the permitting authority, you must also submit a signed
copy of the NOI to the operator of that MS4 upon request by the MS4
operator.
3. Special Conditions
3.1 Hazardous Substances or Oil
You must prevent or minimize the discharge of hazardous substances
or oil in your discharge(s) in accordance with the Storm Water
Pollution Prevention Plan for your facility. This permit does not
relieve you of the reporting requirements of 40 CFR 110, 40 CFR 117 and
40 CFR 302 relating to spills or other releases of oils or hazardous
substances.
3.1.1 Single Releases and Spills
Where a release containing a hazardous substance or oil in an
amount equal to or in excess of a reportable quantity established under
either 40 CFR 110, 40 CFR 117 or 40 CFR 302, occurs during a 24 hour
period:
3.1.1.1 You must notify the National Response Center (NRC) (800-
424-8802; in the Washington, DC, metropolitan area call 202-426-2675)
in accordance with the requirements of 40 CFR 110, 40 CFR 117 and 40
CFR 302 as soon as he or she has knowledge of the discharge;
3.1.1.2 You must modify your Storm Water Pollution Prevention Plan
required under Part 4 within 14 calendar days of knowledge of the
release to: provide a description of the release, the circumstances
leading to the release, and the date of the release. In addition, you
must review your plan to identify measures to prevent the reoccurrence
of such releases and to respond to such releases, and you must modify
your plan where appropriate.
3.1.2 Anticipated Discharges
Anticipated discharges containing a hazardous substance in an
amount equal to or in excess of reporting quantities are those caused
by events occurring within the scope of the relevant operating system.
If your facilities has (or will have) more than one anticipated
discharge per year containing a hazardous substance in an amount equal
to or in excess of a reportable quantity, you must:
3.1.2.1 Submit notifications of the first release that occurs
during a calendar year (or for the first year of this permit, after
submittal of an NOI); and
3.1.2.2 Provide a written description in the SWPPP of the dates on
which such releases occurred, the type and estimate of the amount of
material released, and the circumstances leading to the releases. In
addition, your SWPPP must address measures to minimize such releases.
3.1.2.3 Where a discharge of a hazardous substance or oil in
excess of reporting quantities is caused by a non-storm water discharge
(e.g., a spill of oil into a separate storm sewer), that discharge is
not authorized by the MSGP and you must report the discharge as
required under 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302
(see Part 3.1.1. above). In the event of a spill, the requirements of
Section 311 of the CWA and other applicable provisions of Sections 301
and 402 of the CWA continue to apply.
3.2 Additional Requirements for Salt Storage
If you have storage piles of salt used for deicing or other
commercial or industrial purposes, they must be enclosed or covered to
prevent exposure to precipitation (except for exposure resulting from
adding or removing materials from the pile). Piles do not need to be
enclosed or covered where storm water from the pile is not discharged
to waters of the United States or the discharges from the piles are
authorized under another permit.
3.3 Discharge Compliance With Water Quality Standards
Your discharges must not be causing or have the reasonable
potential to cause or contribute to a violation of a water quality
standard. Where a discharge is already authorized under this permit and
is later determined to cause or have the reasonable potential to cause
or contribute to the violation of an applicable water quality standard,
the Director will notify you of such violation(s). You must take all
necessary actions to ensure future discharges do not cause or
contribute to the violation of a water quality standard and document
these actions in the Storm Water Pollution Prevention Plan. If
violations remain or re-occur, then coverage under this permit may be
terminated by the Director, and an alternative general permit or
individual permit may be issued. Compliance with
[[Page 64812]]
this requirement does not preclude any enforcement activity as provided
by the Clean Water Act for the underlying violation.
4. Storm Water Pollution Prevention Plans
4.1 Storm Water Pollution Prevention Plan Requirements
You must prepare a Storm Water Pollution Prevention Plan (SWPPP)
for your facility before submitting your Notice of Intent for permit
coverage. Your SWPPP must be prepared in accordance with good
engineering practices. Use of a registered professional engineer for
SWPPP preparation is not required by the permit, but may be
independently required under state law and/or local ordinance. Your
SWPPP must:
4.1.1 Identify potential sources of pollution which may reasonably
be expected to affect the quality of storm water discharges from your
facility;
4.1.2 Describe and ensure implementation of practices which you
will use to reduce the pollutants in storm water discharges from the
facility; and
4.1.3 assure compliance with the terms and conditions of this
permit.
Note: At larger installations such as military bases where there
are well-defined industrial versus non-industrial areas, the SWPPP
required under this Part need only address those areas with
discharges of storm water associated with industrial activity.
(e.g., under this permit, a U.S. Air Force Base would need to
address the vehicle maintenance areas associated with the
``airport'' portion of the base in the SWPPP, but would not need to
address a car wash that served only the on-base housing areas.)
4.2 Contents of Plan
4.24.2.1 Pollution Prevention Team
You must identify the staff individual(s) (by name or title) that
comprise the facility's storm water Pollution Prevention Team. Your
Pollution Prevention Team is responsible for assisting the facility/
plant manager in developing, implementing, maintaining and revising the
facility's SWPPP. Responsibilities of each staff individual on the team
must be listed.
4.2.2 Site Description
Your SWPPP must include the following:
4.2.2.1 Activities at Facility. description of the nature of the
industrial activity(ies) at your facility;
4.2.2.2 General Location Map. a general location map (e.g.,
U.S.G.S. quadrangle, or other map) with enough detail to identify the
location of your facility and the receiving waters within one mile of
the facility;
4.2.2.3 A legible site map identifying the following:
4.2.2.3.1 Directions of storm water flow (e.g, use arrows to show
which ways storm water will flow);
4.2.2.3.2 Locations of all existing structural BMPs;
4.2.2.3.3 Locations of all surface water bodies;
4.2.2.3.4 Locations of potential pollutant sources identified
under 4.2.4 and where significant materials are exposed to
precipitation;
4.2.2.3.5 Locations where major spills or leaks identified under
4.2.5 have occurred;
4.2.2.3.6 Locations of the following activities where such
activities are exposed to precipitation: fueling stations, vehicle and
equipment maintenance and/or cleaning areas, loading/unloading areas,
locations used for the treatment, storage or disposal of wastes, and
liquid storage tanks;
4.2.2.3.7 Locations of storm water outfalls and an approximate
outline of the area draining to each outfall;
4.2.2.3.8 Location and description of non-storm water discharges;
4.2.2.3.9 Locations of the following activities where such
activities are exposed to precipitation: processing and storage areas;
access roads, rail cars and tracks; the location of transfer of
substance in bulk; and machinery;
4.2.2.3.10 Location and source of runoff from adjacent property
containing significant quantities of pollutants of concern to the
facility (an evaluation of how the quality of the storm water running
onto your facility impacts your storm water discharges may be
included).
4.2.3 Receiving Waters and Wetlands
You must provide the name of the nearest receiving water(s),
including intermittent streams, dry sloughs, arroyos and the areal
extent and description of wetland or other ``special aquatic sites ``
(see Part 12 for definition) that may receive discharges from your
facility.
4.2.4 Summary of Potential Pollutant Sources
You must identify each separate area at your facility where
industrial materials or activities are exposed to storm water.
Industrial materials or activities include, but are not limited to,
material handling equipment or activities, industrial machinery, raw
materials, intermediate products, by-products, final products, or waste
products. Material handling activities include the storage, loading and
unloading, transportation, or conveyance of any raw material,
intermediate product, final product or waste product. For each,
separate area identified, the description must include:
4.2.4.1 Activities in Area. A list of the activities (e.g.,
material storage, equipment fueling and cleaning, cutting steel beams);
and
4.2.4.2 Pollutants. A list of the associated pollutant(s) or
pollutant parameter(s) (e.g., crankcase oil, iron, biochemical oxygen
demand, pH, etc.) for each activity. The pollutant list must include
all significant materials that have been handled, treated, stored or
disposed in a manner to allow exposure to storm water between the time
of three (3) years before being covered under this permit and the
present.
4.2.5 Spills and Leaks
You must clearly identify areas where potential spills and leaks,
which can contribute pollutants to storm water discharges, can occur,
and their accompanying drainage points. For areas that are exposed to
precipitation or that otherwise drain to a storm water conveyance at
the facility to be covered under this permit, you must provide a list
of significant spills and leaks of toxic or hazardous pollutants that
occurred during the three (3) year period prior to the date of the
submission of a Notice of Intent (NOI) . Your list must be updated if
significant spills or leaks occur in exposed areas of your facility
during the time you are covered by the permit.
Significant spills and leaks include, but are not limited to
releases of oil or hazardous substances in excess of quantities that
are reportable under CWA Sec. 311 (see 40 CFR 110.10 and 40 CFR 117.21)
or section 102 of the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA). Significant spills may also
include releases of oil or hazardous substances that are not in excess
of reporting requirements.
4.2.6 Sampling Data
You must provide a summary of existing storm water discharge
sampling data taken at your facility. All storm water sampling data
collected during the term of this permit must also be summarized and
included in this part of the SWPPP.
4.2.7 Storm Water Controls
4.2.7.1 Description of Existing and Planned BMPs. Describe the
type and location of existing non-structural and structural best
management practices (BMPs) selected for each of the areas where
industrial materials or activities
[[Page 64813]]
are exposed to storm water. All the areas identified in Part 4.2.4
should have a BMP(s) identified for the area's discharges. For areas
where BMPs are not currently in place, describe appropriate BMPs that
you will use to control pollutants in storm water discharges. Selection
of BMPs should take into consideration:
4.2.7.1.1 The quantity and nature of the pollutants, and their
potential to impact the water quality of receiving waters;
4.2.7.1.2 Opportunities to combine the dual purposes of water
quality protection and local flood control benefits (including physical
impacts of high flows on streams--e.g., bank erosion, impairment of
aquatic habitat, etc.);
4.2.7.1.3 Opportunities to offset the impact of impervious areas
of the facility on ground water recharge and base flows in local
streams (taking into account the potential for ground water
contamination--See ``User's Guide to the MSGP-2000'' section on
groundwater considerations).
4.2.7.2 BMP Types to be Considered. The following types of
structural, non-structural and other BMPs must be considered for
implementation at your facility. Describe how each is, or will be,
implemented. This requirement may have been fulfilled with the area-
specific BMPs identified under Part 4.2.7.2, in which case the previous
description is sufficient. However, many of the following BMPs may be
more generalized or non site-specific and therefore not previously
considered. If you determine that any of these BMPs are not appropriate
for your facility, you must include an explanation of why they are not
appropriate. The BMP examples listed below are not intended to be an
exclusive list of BMPs that you may use. You are encouraged to keep
abreast of new BMPs or new applications of existing BMPs to find the
most cost effective means of permit compliance for your facility. If
BMPs are being used or planned at the facility which are not listed
here (e.g., replacing a chemical with a less toxic alternative,
adopting a new or innovative BMP, etc.), include descriptions of them
in this section of the SWPPP.
4.2.7.2.1 Non-Structural BMPs.
4.2.7.2.1.1 Good Housekeeping: You must keep all exposed areas of
the facility in a clean, orderly manner where such exposed areas could
contribute pollutants to storm water discharges. Common problem areas
include: around trash containers, storage areas and loading docks.
Measures must also include: a schedule for regular pickup and disposal
of garbage and waste materials; routine inspections for leaks and
conditions of drums, tanks and containers.
4.2.7.2.1.2 Minimizing Exposure: Where practicable, industrial
materials and activities should be protected by a storm resistant
shelter to prevent exposure to rain, snow, snowmelt, or runoff.
Note: Eliminating exposure at all industrial areas may make the
facility eligible for the 40 CFR 122.26(g) ``No Exposure'' exclusion
from needing to have a permit.
4.2.7.2.1.3 Preventive Maintenance: You must have a preventive
maintenance program which includes timely inspection and maintenance of
storm water management devices, (e.g., cleaning oil/water separators,
catch basins) as well as inspecting, testing, maintaining and repairing
facility equipment and systems to avoid breakdowns or failures that may
result in discharges of pollutants to surface waters.
4.2.7.2.1.4 Spill Prevention and Response Procedures: You must
describe the procedures which will be followed for cleaning up spills
or leaks. Those procedures, and necessary spill response equipment,
must be made available to those employees that may cause or detect a
spill or leak. Where appropriate, you must explain existing or planned
material handling procedures, storage requirements, secondary
containment, and equipment (e.g., diversion valves), which are intended
to minimize spills or leaks at the facility. Measures for cleaning up
hazardous material spills or leaks must be consistent with applicable
RCRA regulations at 40 CFR Part 264 and 40 CFR Part 265.
4.2.7.2.1.5 Routine Facility Inspections: In addition to or as
part of the comprehensive site evaluation required under Part 4.9, you
must have qualified facility personnel inspect all areas of the
facility where industrial materials or activities are exposed to storm
water. The inspections must include an evaluation of existing storm
water BMPs. Your SWPPP must identify how often these inspections will
be conducted. You must correct any deficiencies in implementation of
your SWP3 you find as soon as practicable, but not later than within 14
days of the inspection. You must document in your SWPPP the results of
your inspections and the corrective actions you took in response to any
deficiencies or opportunities for improvement that you identify.
4.2.7.2.1.6 Employee Training: You must describe the storm water
employee training program for the facility. The description should
include the topics to be covered, such as spill response, good
housekeeping and material management practices, and must identify
periodic dates (e.g., every 6 months during the months of July and
January) for such training. You must provide employee training for all
employees that work in areas where industrial materials or activities
are exposed to storm water, and for employees that are responsible for
implementing activities identified in the SWPPP (e.g., inspectors,
maintenance people). The employee training should inform them of the
components and goals of your SWPPP.
4.2.7.2.2 Structural BMPs.
4.2.7.2.2.1 Sediment and Erosion Control: You must identify the
areas at your facility which, due to topography, land disturbance
(e.g., construction), or other factors, have a potential for
significant soil erosion. You must describe the structural, vegetative,
and/or stabilization BMPs that you will be implementing to limit
erosion.
4.2.7.2.2.2 Management of Runoff: You must describe the
traditional storm water management practices (permanent structural BMPs
other than those which control the generation or source(s) of
pollutants) that currently exist or that are planned for your facility.
These types of BMPs typically are used to divert, infiltrate, reuse, or
otherwise reduce pollutants in storm water discharges from the site.
All BMPs that you determine are reasonable and appropriate, or are
required by a State or local authority; or are necessary to maintain
eligibility for the permit (see Part 1.2.3--Limitations on Coverage)
must be implemented and maintained. Factors to consider when you are
selecting appropriate BMPs should include: (1) The industrial materials
and activities that are exposed to storm water, and the associated
pollutant potential of those materials and activities; and (2) the
beneficial and potential detrimental effects on surface water quality,
ground water quality, receiving water base flow (dry weather stream
flow), and physical integrity of receiving waters. (See ``User's Guide
to the MSGP-2000'' for Considerations in Selection of BMPs) Structural
measures should be placed on upland soils, avoiding wetlands and
floodplains, if possible. Structural BMPs may require a separate permit
under section 404 of the CWA before installation begins.
4.2.7.2.2.3 Example BMPs: BMPs you could use include but are not
limited to: storm water detention structures (including wet ponds);
storm water retention structures; flow attenuation by use of open
vegetated swales and natural depressions;
[[Page 64814]]
infiltration of runoff onsite; and sequential systems (which combine
several practices).
4.2.7.2.3 Other Controls. No solid materials, including floatable
debris, may be discharged to waters of the United States, except as
authorized by a permit issued under section 404 of the CWA. Off-site
vehicle tracking of raw, final, or waste materials or sediments, and
the generation of dust must be minimized. Tracking or blowing of raw,
final, or waste materials from areas of no exposure to exposed areas
must be minimized. Velocity dissipation devices must be placed at
discharge locations and along the length of any outfall channel if they
are necessary to provide a non-erosive flow velocity from the structure
to a water course.
4.3 Maintenance
All BMPs you identify in your SWPPP must be maintained in effective
operating condition. If site inspections required by Part 4.9 identify
BMPs that are not operating effectively, maintenance must be performed
before the next anticipated storm event, or as necessary to maintain
the continued effectiveness of storm water controls. If maintenance
prior to the next anticipated storm event is impracticable, maintenance
must be scheduled and accomplished as soon as practicable. In the case
of non-structural BMPs, the effectiveness of the BMP must be maintained
by appropriate means (e.g., spill response supplies available and
personnel trained, etc.).
4.4 Non-Storm Water Discharges
4.4.1 Certification of Non-Storm Water Discharges
4.4.1.1 Your SWPPP must include a certification that all
discharges (i.e., outfalls) have been tested or evaluated for the
presence of non-storm water. The certification must be signed in
accordance with Part 9.7 of this permit, and include:
4.4.1.1.1 The date of any testing and/or evaluation;
4.4.1.1.2 Identification of potential significant sources of non-
storm water at the site;
4.4.1.1.3 A description of the results of any test and/or
evaluation for the presence of non-storm water discharges;
4.4.1.1.4 A description of the evaluation criteria or testing
method used; and
4.4.1.1.5 A list of the outfalls or onsite drainage points that
were directly observed during the test.
4.4.1.2 You do not need to sign a new certification if one was
already completed for either the 1992 baseline Industrial General
Permit or the 1995 Multi-sector General Permit and you have no reason
to believe conditions at the facility have changed.
4.4.1.3 If you are unable to provide the certification required
(testing for non-storm water discharges), you must notify the Director
180 days after submitting an NOI to be covered by this permit. If the
failure to certify is caused by the inability to perform adequate tests
or evaluations, such notification must describe:
4.4.1.3.1 Reason(s) why certification was not possible;
4.4.1.3.2 The procedure of any test attempted;
4.4.1.3.3 The results of such test or other relevant observations;
and
4.4.1.3.4 Potential sources of non-storm water discharges to the
storm sewer.
4.4.1.4 A Copy of the notification must be included in the SWPPP
at the facility. Non-storm water discharges to waters of the United
States which are not authorized by an NPDES permit are unlawful, and
must be terminated.
4.4.2 Allowable Non-Storm Water Discharges
4.4.2.1 Certain sources of non-storm water are allowable under
this permit (see 1.2.2.2--Allowable Non-Storm Water Discharges). In
order for these discharges to be allowed, your SWPPP must include:
4.4.2.1.1 Identification of each allowable non-storm water source;
4.4.2.1.2 The location where it is likely to be discharged; and
4.4.2.1.3 Descriptions of appropriate BMPs for each source.
4.4.2.2 Except for flows from fire fighting activities, you must
identify in your SWPPP all sources of allowable non-storm water that
are discharged under the authority of this permit.
4.4.2.3 If you include mist blown from cooling towers amongst your
allowable non-storm water discharges, you must specifically evaluate
the potential for the discharges to be contaminated by chemicals used
in the cooling tower and determined that the levels of such chemicals
in the discharges would not cause or contribute to a violation of an
applicable water quality standard after implementation of the BMPs you
have selected to control such discharges.
4.5 Documentation of Permit Eligibility Related to Endangered
Species
Your SWPPP must include documentation supporting your determination
of permit eligibility with regard to Part 1.2.3.6 (Endangered Species),
including:
4.5.1 Information on whether listed endangered or threatened
species, or critical habitat, are found in proximity to your facility;
4.5.2 Whether such species may be affected by your storm water
discharges or storm water discharge-related activities;
4.5.3 Results of your Addendum A endangered species screening
determinations; and
4.5.4 A description of measures necessary to protect listed
endangered or threatened species, or critical habitat, including any
terms or conditions that are imposed under the eligibility requirements
of Part 1.2.3.6. If you fail to describe and implement such measures,
your discharges are ineligible for coverage under this permit.
4.6 Documentation of Permit Eligibility Related to Historic Places
Your SWPPP must include documentation supporting your determination
of permit eligibility with regard to Part 1.2.3.7 (Historic Places),
including:
4.6.1 Information on whether your storm water discharges or storm
water discharge-related activities would have an effect on a property
that is listed or eligible for listing on the National Register of
Historic Places;
4.6.2 Where effects may occur, any written agreements you have
made with the State Historic Preservation Officer, Tribal Historic
Preservation Officer, or other Tribal leader to mitigate those effects;
4.6.3 Results of your Addendum B historic places screening
determinations; and
4.6.4 Description of measures necessary to avoid or minimize
adverse impacts on places listed, or eligible for listing, on the
National Register of Historic Places, including any terms or conditions
that are imposed under the eligibility requirements of Part 1.2.3.7 of
this permit. If you fail to describe and implement such measures, your
discharges are ineligible for coverage under this permit.
4.7 Copy of Permit Requirements
You must include a copy of this permit in your SWPPP.
Note: The confirmation of coverage letter you receive from the
NOI Processing Center assigning your permit number IS NOT your
permit--it merely acknowledges that your NOI has been accepted and
you have been authorized to discharge subject to the terms and
conditions of today's permit.
4.8 Applicable State, Tribal or Local Plans
Your SWPPP must be consistent (and updated as necessary to remain
[[Page 64815]]
consistent) with applicable State, Tribal and/or local storm water,
waste disposal, sanitary sewer or septic system regulations to the
extent these apply to your facility and are more stringent than the
requirements of this permit.
4.9 Comprehensive Site Compliance Evaluation
4.9.1 Frequency and Inspectors
You must conduct facility inspections at least once a year. The
inspections must be done by qualified personnel provided by you. The
qualified personnel you use may be either your own employees or outside
consultants that you have hired, provided they are knowledgeable and
possess the skills to assess conditions at your facility that could
impact storm water quality and assess the effectiveness of the BMPs you
have chosen to use to control the quality of your storm water
discharges. If you decide to conduct more frequent inspections, your
SWPPP must specify the frequency of inspections.
4.9.2 Scope of the Compliance Evaluation
Your inspections must include all areas where industrial materials
or activities are exposed to storm water, as identified in 4.2.4, and
areas where spills and leaks have occurred within the past 3 years.
Inspectors should look for: (a) Industrial materials, residue or trash
on the ground that could contaminate or be washed away in storm water;
(b) leaks or spills from industrial equipment, drums, barrels, tanks or
similar containers; (c) offsite tracking of industrial materials or
sediment where vehicles enter or exit the site; (d) tracking or blowing
of raw, final, or waste materials from areas of no exposure to exposed
areas and (e) for evidence of, or the potential for, pollutants
entering the drainage system. Results of both visual and any analytical
monitoring done during the year must be taken into consideration during
the evaluation. Storm water BMPs identified in your SWPPP must be
observed to ensure that they are operating correctly. Where discharge
locations or points are accessible, they must be inspected to see
whether BMPs are effective in preventing significant impacts to
receiving waters. Where discharge locations are inaccessible, nearby
downstream locations must be inspected if possible.
4.9.3 Follow-Up Actions
Based on the results of the inspection, you must modify your SWPPP
as necessary (e.g., show additional controls on map required by Part
4.2.2.3; revise description of controls required by Part 4.2.7 to
include additional or modified BMPs designed to correct problems
identified. You must complete revisions to the SWPPP within 14 calendar
days following the inspection. If existing BMPs need to be modified or
if additional BMPs are necessary, implementation must be completed
before the next anticipated storm event, if practicable, but not more
than twelve (12) weeks after completion of the comprehensive site
evaluation.
4.9.4 Compliance Evaluation Report
You must insure a report summarizing the scope of the inspection,
name(s) of personnel making the inspection, the date(s) of the
inspection, and major observations relating to the implementation of
the SWPPP is completed and retained as part of the SWPPP for at least
three years from the date permit coverage expires or is terminated.
Major observations should include: the location(s) of discharges of
pollutants from the site; location(s) of BMPs that need to be
maintained; location(s) of BMPs that failed to operate as designed or
proved inadequate for a particular location; and location(s) where
additional BMPs are needed that did not exist at the time of
inspection. You must retain a record of actions taken in accordance
with Part 4.9 of this permit as part of the Storm Water Pollution
Prevention Plan for at least three years from the date that permit
coverage expires or is terminated. The inspection reports must identify
any incidents of non-compliance. Where an inspection report does not
identify any incidents of non-compliance, the report must contain a
certification that the facility is in compliance with the Storm Water
Pollution Prevention Plan and this permit. Both the inspection report
and any reports of follow-up actions must be signed in accordance with
Part 9.7 (reporting) of this permit.
4.9.5 Credit As a Routine Facility Inspection
Where compliance evaluation schedules overlap with inspections
required under Part 4.2.7.2.1.5, your annual compliance evaluation may
also be used as one of the Part 4.2.7.5 routine inspections.
4.10 Maintaining Updated SWPPP
You must amend the Storm Water Pollution Prevention Plan whenever:
4.10.1 there is a change in design, construction, operation, or
maintenance at your facility which has a significant effect on the
discharge, or potential for discharge, of pollutants from your
facility;
4.10.2 During inspections, monitoring, or investigations by you or
by local, State, Tribal or Federal officials it is determined the SWPPP
is ineffective in eliminating or significantly minimizing pollutants
from sources identified under 4.2.4, or is otherwise not achieving the
general objectives of controlling pollutants in discharges from your
facility.
4.11 Signature, Plan Review and Making Plans Available
4.11.1 You must sign your SWPPP in accordance with Part 9.7, and
retain the plan on-site at the facility covered by this permit (see
Part 8 for records retention requirements).
4.11.2 You must keep a copy of the SWPPP on-site or locally
available to the Director for review at the time of an on-site
inspection. You must make your SWPPP available upon request to the
Director, a State, Tribal or local agency approving storm water
management plans, or the operator of a municipal separate storm sewer
receiving discharge from the site. Also, in the interest of the
public's right to know, you must provide a copy of your SWPPP to the
public if requested in writing to do so.
4.11.3 The Director may notify you at any time that your SWPPP
does not meet one or more of the minimum requirements of this permit.
The notification will identify provisions of this permit which are not
being met, as well as the required modifications. Within thirty (30)
calendar days of receipt of such notification, you must make the
required changes to the SWPPP and submit to the Director a written
certification that the requested changes have been made.
4.11.4 You must make the SWPPP available to the USFWS or NMFS upon
request.
4.12 Additional Requirements for Storm Water Discharges Associated
With Industrial Activity From Facilities Subject to EPCRA Section
313 Reporting Requirements
Potential pollutant sources for which you have reporting
requirements under EPCRA 313 must be identified in your summary of
potential pollutant sources as per Part 4.2.4. Note this additional
requirement only applies to you if you are subject to reporting
requirements under EPCRA 313.
5. Monitoring Requirements and Numeric Limitations
There are five individual and separate categories of monitoring
requirements and numeric limitations that your facility may be subject
to under this
[[Page 64816]]
permit. The monitoring requirements and numeric limitations applicable
to your facility depend on a number of factors, including: (1) The
types of industrial activities generating storm water runoff from your
facility, and (2) the state or tribe where your facility is located.
Part 6 identifies monitoring requirements applicable to specific
sectors of industrial activity. Part 13 contains additional
requirements that apply only to facilities located in a particular
State or Indian country land. You must review Parts 5, 6 and 13 of the
permit to determine which monitoring requirements and numeric
limitations apply to your facility. Unless otherwise specified,
limitations and monitoring requirements under Parts 5, 6, and 13 are
additive.
Sector-specific monitoring requirements and limitations are applied
discharge by discharge at facilities with co-located activities. Where
storm water from the co-located activities are co-mingled, the
monitoring requirements and limitations are additive. Where more than
one numeric limitation for a specific parameter applies to a discharge,
compliance with the more restrictive limitation is required. Where
monitoring requirements for a monitoring quarter overlap (e.g., need to
monitor TSS 1/year for a limit and also 1/quarter for benchmark
monitoring), you may use a single sample to satisfy both monitoring
requirements.
5.1 Types of Monitoring Requirements and Limitations
5.1.1 Quarterly Visual Monitoring
The requirements and procedures for quarterly visual monitoring are
applicable to all facilities covered under this permit, regardless of
your facility's sector of industrial activity.
5.1.1.1 You must perform and document a quarterly visual
examination of a storm water discharge associated with industrial
activity from each outfall, except discharges exempted below. The
visual examination must be made during daylight hours (e.g., normal
working hours). If no storm event resulted in runoff from the facility
during a monitoring quarter, you are excused from visual monitoring for
that quarter provided you document in your monitoring records that no
runoff occurred. You must sign and certify the documentation in
accordance with Part 9.7.
5.1.1.2 Your visual examinations must be made of samples collected
within the first 30 minutes (or as soon thereafter as practical, but
not to exceed 1 hour) of when the runoff or snowmelt begins discharging
from your facility. The examination must document observations of
color, odor, clarity, floating solids, settled solids, suspended
solids, foam, oil sheen, and other obvious indicators of storm water
pollution. The examination must be conducted in a well lit area. No
analytical tests are required to be performed on the samples. All such
samples must be collected from the discharge resulting from a storm
event that is greater than 0.1 inches in magnitude and that occurs at
least 72 hours from the previously measurable (greater than 0.1 inch
rainfall) storm event. The 72-hour storm interval is waived when the
preceding measurable storm did not yield a measurable discharge, or if
you are able to document that less than a 72-hour interval is
representative for local storm events during the sampling period. Where
practicable, the same individual should carry out the collection and
examination of discharges for the entire permit term. If no qualifying
storm event resulted in runoff from the facility during a monitoring
quarter, you are excused from visual monitoring for that quarter
provided you document in your monitoring records that no qualifying
storm event occurred that resulted in storm water runoff during that
quarter. You must sign and certify the documentation in accordance with
Part 9.7.
5.1.1.3 You must maintain your visual examination reports onsite
with the Storm Water Pollution Prevention Plan. The report must include
the examination date and time, examination personnel, the nature of the
discharge (i.e., runoff or snow melt), visual quality of the storm
water discharge (including observations of color, odor, clarity,
floating solids, settled solids, suspended solids, foam, oil sheen, and
other obvious indicators of storm water pollution), and probable
sources of any observed storm water contamination.
5.1.1.4 Inactive and Unstaffed Sites: When you are unable to
conduct visual storm water examinations at an inactive and unstaffed
site, you may exercise a waiver of the monitoring requirement as long
as the facility remains inactive and unstaffed. If you exercise this
waiver, you must maintain a certification with the Storm Water
Pollution Prevention Plan stating that the site is inactive and
unstaffed and that performing visual examinations during a qualifying
event is not feasible. You must sign and certify the waiver in
accordance with Part 9.7.
5.1.2 Benchmark Monitoring of Discharges Associated With Specific
Industrial Activities
Table 5-1 identifies the specific industrial sectors subject to the
Benchmark Monitoring requirements of this permit and the industry-
specific pollutants of concern. You must refer to the tables found in
the individual Sectors in Part 6 for Benchmark Monitoring Cut-Off
Concentrations. If your facility has co-located activities (see Part
1.2.1.1) described in more than one sector in Part 6, you must comply
with all applicable benchmark monitoring requirements from each sector.
The results of benchmark monitoring are primarily for your use to
determine the overall effectiveness of your SWPPP in controlling the
discharge of pollutants to receiving waters. Benchmark values, included
in Part 6 of this permit, are not viewed as effluent limitations. An
exceedance of a benchmark value does not, in and of itself, constitute
a violation of this permit. While exceedance of a benchmark value does
not automatically indicate that violation of a water quality standard
has occurred, it does signal that modifications to the SWPPP may be
necessary. In addition, exceedance of benchmark values may identify
facilities that would be more appropriately covered under an
individual, or alternative general permit where more specific pollution
prevention controls could be required.
Table 5-1.--Industry Sectors/Sub-Sectors Subject to Benchmark Monitoring
------------------------------------------------------------------------
Required
Industry sub- parameters for
MSGP sector \1\ sector benchmark
monitoring
------------------------------------------------------------------------
A............................... General Sawmills COD, TSS, Zinc.
and Planing Mills. Arsenic, Copper.
Wood Preserving TSS.
Facilities. COD, TSS.
Log Storage and
Handling.
Hardwood Dimension
and Flooring
Mills.
B............................... Paperboard Mills.. COD.
[[Page 64817]]
C............................... Industrial Aluminum, Iron,
Inorganic Nitrate + Nitrite
Chemicals. N.
Plastics, Zinc.
Synthetic Resins,
etc..
Soaps, Detergents, Nitrate + Nitrite
Cosmetics, N, Zinc.
Perfumes.
Agricultural Nitrate + Nitrite
Chemicals. N, Lead, Iron,
Zinc, Phosphorus.
D............................... Asphalt Paving and TSS.
Roofing Materials.
E............................... Clay Products..... Aluminum.
Concrete Products. TSS, Iron.
F............................... Steel Works, Blast Aluminum, Zinc.
Furnaces, and
Rolling and Aluminum, TSS,
Finishing Mills. Copper, Iron,
Iron and Steel Zinc.
Foundries. Copper, Zinc.
Non-Ferrous Copper, Zinc.
Rolling and
Drawing.
Non-Ferrous
Foundries
(Castings).
G \2\........................... Copper Ore Mining COD, TSS, Nitrate
and Dressing. + Nitrite N
H............................... Coal Mines and TSS, Aluminum,
Coal-Mining Iron
Related
Facilities.
J............................... Dimension Stone, TSS.
Crushed Stone,
and Nonmetallic Nitrate + Nitrite
Minerals (except N, TSS.
fuels).
Sand and Gravel
Mining.
K............................... Hazardous Waste Ammonia,
Treatment Storage Magnesium, COD,
or Disposal. Arsenic, Cadmium,
Cyanide, Lead,
Mercury,
Selenium, Silver.
L............................... Landfills, Land Iron, TSS.
Application
Sites, and Open
Dumps.
M............................... Automobile Salvage TSS, Aluminum,
Yards. Iron, Lead.
N............................... Scrap Recycling... Copper, Aluminum,
Iron, Lead, Zinc,
TSS, COD.
O............................... Steam Electric Iron.
Generating
Facilities.
Q............................... Water Aluminum, Iron,
Transportation Lead, Zinc.
Facilities.
S............................... Airports with BOD, COD, Ammonia,
deicing pH.
activities \3\.
U............................... Grain Mill TSS.
Products. BOD, COD, Nitrate
Fats and Oils..... + Nitrite N, TSS.
Y............................... Rubber Products... Zinc.
AA.............................. Fabricated Metal Iron, Aluminum,
Products Except Zinc, Nitrate +
Coating. Nitrite N.
Fabricated Metal Zinc, Nitrate +
Coating and Nitrite N.
Engraving.
------------------------------------------------------------------------
\1\ Table does not include parameters for compliance monitoring under
effluent limitations guidelines.
\2\ See Sector G (Part 6.G) for additional monitoring discharges from
waste rock and overburden piles from active ore mining or dressing
facilities.
\3\ Monitoring requirement is for airports with deicing activities that
utilize more than 100 tons of urea or more than 100,000 gallons of
ethylene glycol per year.
5.1.2.1 Monitoring Periods for Benchmark Monitoring. Unless
otherwise specified in Part 6, benchmark monitoring periods are October
1, 2001 to September 30, 2002 (year two of the permit) and October 1,
2003 to September 30, 2004 (year four of the permit). If your facility
falls within a Sector(s) required to conduct benchmark monitoring, you
must monitor quarterly (4 times a year) during at least one, and
potentially both, monitoring periods; unless otherwise specified in the
sector-specific requirements of Part 6. Depending on the results of the
2001-2002 monitoring year, you may not be required to conduct benchmark
monitoring in the 2003-2004 monitoring year (see Part 5.1.2.2).
5.1.2.2 Benchmark Monitoring Year 2003-2004 Waivers for Facilities
Testing Below Benchmark Values. All of the provisions of Part 5.1.2.2
are available to permittees except as noted in Part 6. Waivers from
benchmark monitoring are available to facilities whose discharges are
below benchmark values, thus there is an incentive for facilities to
improve the effectiveness of their SWPPPs in eliminating discharges of
pollutants and avoid the cost of monitoring.
On both a parameter by parameter and outfall by outfall basis, you
are not required to conduct sector-specific benchmark monitoring in the
2003-2004 monitoring year provided:
You collected samples for all four quarters of the 2001-
2002 monitoring year and the average concentration was below the
benchmark value in Part 6; and
You are not subject to a numeric limitation or State/
Tribal-specific monitoring requirement for that parameter established
in Part 5.2 or Part 13; and
You include a certification in the SWPPP that based on
current potential pollutant sources and BMPs used, discharges from the
facility are reasonably expected to be essentially the same (or
cleaner) compared to when the benchmark monitoring for the 2001-2002
monitoring year was done.
5.1.2.3 Inactive and Unstaffed Sites. If you are unable to conduct
benchmark monitoring at an inactive and unstaffed site, you may
exercise a waiver of the monitoring requirement as long as the facility
remains inactive and unstaffed. If you exercise this waiver, you must
maintain a certification with your Storm Water Pollution Prevention
Plan stating that the site is inactive and unstaffed and that
performing benchmark monitoring during a qualifying storm event is not
feasible. You must sign and certify the waiver in accordance with Part
9.7.
5.1.3 Coal Pile Runoff
5.1.3.1 If your facility has discharges of storm water from coal
storage piles, you must comply with the limitations and monitoring
requirements of Table 5-2 for all discharges containing the coal pile
runoff, regardless of your facility's sector of industrial activity.
[[Page 64818]]
Table 5-2.--Numeric Limitations for Coal Pile Runoff
----------------------------------------------------------------------------------------------------------------
Parameter Limit Monitoring frequency Sample type
----------------------------------------------------------------------------------------------------------------
Total Suspended Solids (TSS)........ 50 mg/L, max........... 1/year................. Grab.
pH.................................. 6.0-9.0 min. and max... 1/year................. Grab.
----------------------------------------------------------------------------------------------------------------
5.1.3.2 You must not dilute coal pile runoff with storm water or
other flows in order to meet this limitation.
5.1.3.3 If your facility is designed, constructed and operated to
treat the volume of coal pile runoff that is associated with a 10-year,
24-hour rainfall event, any untreated overflow of coal pile runoff from
the treatment unit is not subject to the 50 mg/L limitation for total
suspended solids.
5.1.3.4 You must collect and analyze your samples in accordance
with Part 5.2.2. Results of the testing must be retained and reported
in accordance with Part 8 and 9.16.
5.1.4 Compliance Monitoring for Discharges Subject to Numerical
Effluent Limitation Guidelines
Table 1-2 of Part 1.2.2.1.3 of the permit identifies storm water
discharges subject to effluent limitation guidelines that are
authorized for coverage under the permit. Facilities subject to storm
water effluent limitation guidelines are required to monitor such
discharges to evaluate compliance with numerical effluent limitations.
Industry-specific numerical limitations and compliance monitoring
requirements are described in Part 6 of the permit.
5.1.5 Monitoring for Limitations Required by a State or Tribe
Unless otherwise specified in Part 13 (state/tribal-specific permit
conditions), you must sample once per year for any permit limit
established as a result of a state or tribe's conditions for
certification of this permit under CWA Sec. 401.
5.2 Monitoring Instructions
5.2.1 Monitoring Periods
If you are required to conduct monitoring on an annual or quarterly
basis, you must collect your samples within the following time periods
(unless otherwise specified in Part 6):
The monitoring year is from October 1 to September 30
If your permit coverage was effective less than one month
from the end of a quarterly or yearly monitoring period, your first
monitoring period starts with the next respective monitoring period.
(e.g., if permit coverage begins June 5th, you would not need to start
quarterly sampling until the July--September quarter, but you would
only have from June 5th to September 30th to complete that year's
annual monitoring )
5.2.2 Collection and Analysis of Samples
You must assess your sampling requirements on an outfall by outfall
basis. You must collect and analyze your samples in accordance with the
requirements of Part 9.16.
5.2.2.1 When and How to Sample. Take a minimum of one grab sample
from the discharge associated with industrial activity resulting from a
storm event with at least 0.1 inch of precipitation (defined as a
``measurable'' event), providing the interval from the preceding
measurable storm is at least 72 hours. The 72-hour storm interval is
waived when the preceding measurable storm did not yield a measurable
discharge, or if you are able to document that less than a 72-hour
interval is representative for local storm events during the sampling
period.
Take the grab sample during the first 30 minutes of the discharge.
If it is not practicable to take the sample during the first 30
minutes, sample during the first hour of discharge and describe why a
grab sample during the first 30 minutes was impracticable. Submit this
information on or with the discharge monitoring report (see Part 7.1).
If the sampled discharge commingles with process or non-process water,
attempt to sample the storm water discharge before it mixes with the
non-storm water.
To get help with monitoring, consult the Guidance Manual for the
Monitoring and Reporting Requirements of the NPDES Storm Water Multi-
Sector General Permit which can be down loaded from the EPA Web Site at
www.epa.gov/OWM/sw/industry/index.htm. It can also be ordered from the
Office of Water Resource Center by calling 202-260-7786.
5.2.3 Storm Event Data
Along with the results of your monitoring, you must provide the
date and duration (in hours) of the storm event(s) samples; rainfall
measurements or estimates (in inches) of the storm event that generated
the sampled runoff; the duration between the storm event samples and
the end of the previous measurable (greater than 0.1 inch rainfall)
storm event; and an estimate of the total volume (in gallons) of the
discharge samples.
5.2.4 Representative Outfalls--Essential Identical Discharges
If your facility has two (2) or more outfalls that you believe
discharge substantially identical effluents, based on similarities of
the industrial activities, significant materials or storm water
management practices occurring within the outfalls' drainage areas, you
may test the effluent of just one of the outfalls and report that the
quantitative data also applies to the substantially identical
outfall(s). For this to be permissible, you must describe in the Storm
Water Pollution Prevention Plan and include in the Discharge Monitoring
Report the following: locations of the outfalls; why the outfalls are
expected to discharge substantially identical effluents; estimates of
the size of the drainage area (in square feet) for each of the
outfalls; and an estimate of the runoff coefficient of the drainage
areas (low: under 40 percent; medium: 40 to 65 percent; high: above 65
percent). Note: Page 107 of the NPDES Storm Water Sampling Guidance
Document (EPA 800/B-92-001) lists criteria for substantially identical
outfalls (available on EPA's web site at http://www.epa.gov/owm/sw/industry/).
5.3 General Monitoring Waivers
Unless specifically stated otherwise, the following waivers may be
applied to any monitoring required under this permit.
5.3.1 Adverse Climatic Conditions Waiver
When adverse weather conditions prevent the collection of samples,
take a substitute sample during a qualifying storm event in the next
monitoring period, or four samples per monitoring year when weather
conditions do not allow for samples to be spaced evenly during the
year. Adverse conditions (i.e., those which are dangerous or create
inaccessibility for personnel) may include such things as local
flooding, high winds, electrical storms, or situations which otherwise
make sampling impracticable such as drought or extended frozen
conditions.
[[Page 64819]]
5.3.2 Alternative Certification of ``Not Present or No Exposure''
You are not subject to the analytical monitoring requirements of
Part 5.1.2 provided:
5.3.2.1 You make a certification for a given outfall, or on a
pollutant-by-pollutant basis in lieu of monitoring required under Part
5.1.2, that material handling equipment or activities, raw materials,
intermediate products, final products, waste materials, by-products,
industrial machinery or operations, or significant materials from past
industrial activity that are located in areas of the facility within
the drainage area of the outfall are not presently exposed to storm
water and are not expected to be exposed to storm water for the
certification period; and
5.3.2.2 Your certification is signed in accordance with Part 9.7,
retained in the Storm Water Pollution Prevention Plan, and submitted to
EPA in accordance with Part 7. In the case of certifying that a
pollutant is not present, the permittee must submit the certification
along with the monitoring reports required Part 7; and
5.3.2.3 If you cannot certify for an entire period, you must
submit the date exposure was eliminated and any monitoring required up
until that date; and
5.3.2.4 No numeric limitation or State-specific monitoring
requirement for that parameter is established in Part 5 or Part 13.
5.4 Monitoring Required by the Director
The Director may provide written notice to any facility, including
those otherwise exempt from the sampling requirements of Parts 5, 6 and
12, requiring discharge sampling for a specific monitoring frequency
for specific parameters. Any such notice will briefly state the reasons
for the monitoring, parameters to be monitored, frequency and period of
monitoring, sample types, and reporting requirements.
5.5 Reporting Monitoring Results
Deadlines and procedures for submitting monitoring reports are
contained in Part 7.
6. Sector-Specific Requirements for Industrial Activity
You only need to comply with the additional requirements of Part 6
that apply to the sector(s) of industrial activity at your facility.
These sector-specific requirements are in addition to the ``basic''
requirements specified in Parts 1-5 and 7-13 of this permit.
6.A Sector A--Timber Products
6.A.1 Covered Storm Water Discharges
The requirements in Part 6.A apply to storm water discharges
associated with industrial activity from Timber Products facilities as
identified by the SIC Codes specified under Sector A in Table 1-1 of
Part 1.2.1.
6.A.2 Industrial Activities Covered by Sector A
The types of activities that permittees under Sector A are
primarily engaged in are:
6.A.2.1 Cutting timber and pulpwood (those that have log storage
or handling areas);
6.A.2.2 Mills, including merchant, lath, shingle, cooperage stock,
planing, plywood and veneer;
6.A.2.3 Producing lumber and wood basic materials;
6.A.2.4 Wood preserving;
6.A.2.5 Manufacturing finished articles made entirely of wood or
related materials except wood kitchen cabinet manufacturers (covered
under Part 6.23);
6.A.2.6 Manufacturing wood buildings or mobile homes.
6.A.3 Special Coverage Conditions
6.A.3.1 Prohibition of Discharges. (See also Part 1.2.3.1) Not
covered by this permit: storm water discharges from areas where there
may be contact with the chemical formulations sprayed to provide
surface protection. These discharges must be covered by a separate
NPDES permit.
6.A.3.2 Authorized Non-Storm Water Discharges. (See also Part
1.2.3.1) Also authorized by this permit, provided the non-storm water
component of the discharge is in compliance with SWPPP requirements in
Part 4.2.7 (Controls): discharges from the spray down of lumber and
wood product storage yards where no chemical additives are used in the
spray down waters and no chemicals are applied to the wood during
storage.
6.A.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.A.4.1 Drainage Area Site Map. (See also Part 4.2.2.3) Also
identify where any of the following may be exposed to precipitation/
surface runoff: processing areas; treatment chemical storage areas;
treated wood and residue storage areas; wet decking areas; dry decking
areas; untreated wood and residue storage areas; and treatment
equipment storage areas.
6.A.4.2 Inventory of Exposed Materials. (See also Part 4.2.4)
Where such information exists, if your facility has used
chlorophenolic, creosote or chromium-copper-arsenic formulations for
wood surface protection or preserving, identify the following: areas
where contaminated soils, treatment equipment and stored materials
still remain, and the management practices employed to minimize the
contact of these materials with storm water runoff.
6.A.4.3 Description of Storm Water Management Controls. (See also
Part 4.2.7). Describe and implement measures to address the following
activities/sources: log, lumber and wood product storage areas; residue
storage areas; loading and unloading areas; material handling areas;
chemical storage areas; and equipment/vehicle maintenance, storage and
repair areas. If your facility performs wood surface protection/
preservation activities, address the specific BMPs for these
activities.
6.A.4.4 Good Housekeeping. (See also Part 4.2.7.2.1.1). In areas
where storage, loading/unloading and material handling occur, perform
good housekeeping to limit the discharge of wood debris; minimize the
leachate generated from decaying wood materials; and minimize the
generation of dust.
6.A.4.5 Inspections. (See also Part 4.2.7.2.1.5). If your facility
performs wood surface protection/preservation activities, inspect
processing areas, transport areas and treated wood storage areas
monthly to assess the usefulness of practices to minimize the deposit
of treatment chemicals on unprotected soils and in areas that will come
in contact with storm water discharges.
6.A.5 Monitoring and Reporting Requirements (See also Part 5)
[[Page 64820]]
Table A-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
[Sector of permit affected/supplemental requirements]
----------------------------------------------------------------------------------------------------------------
Subsector (Discharge may be subject
to requirements for more than one Parameter Benchmark monitoring Numeric limitation \2\
sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
General Sawmills and Planning Mills Chemical Oxygen Demand 120.0 mg/L..............
(SIC 2421). (COD).
Total Suspended Solids 100 mg/L................
(TSS).
Total Zinc............. 0.117 mg/L..............
Wood Preserving (SIC 2491).......... Total Arsenic.......... 0.16854 mg/L............
Total Copper........... 0.0636 mg/L.............
Log Storage and Handling (SIC 2411). Total Suspended Solids 100 mg/L................
(TSS).
Wet Decking Discharges at Log pH..................... ........................ 6.0-9.0 s.u.
Storage and Handling Areas (SIC
2411).
Debris (woody material ........................ No Discharge of debris
such as bark, twigs, that will not pass
branches, heartwood, through a 2.54 cm (1")
or sapwood). diameter round
opening.
Hardwood Dimension and Flooring Chemical Oxygen Demand 120.0 mg/L..............
Mills; Special Products Sawmills, (COD).
not elsewhere classified; Millwork,
Veneer, Plywood and Structural
Wood; Wood Containers; Wood
Buildings and Mobile Homes;
Reconstituted Wood Products; and
Wood Products Facilities not
elsewhere classified (SIC Codes
2426, 2429, 2431-2439 (except
2434), 2448, 2449, 2451, 2452,
2593, and 2499).
Total Suspended Solids 100.0 mg/L .............
(TSS).
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 monitoring years.
\2\ Monitor once per year for each monitoring year.
6.B Sector B--Paper and Allied Products Manufacturing
6.B.1 Covered Storm Water Discharges
The requirements in Part 6.B apply to storm water discharges
associated with industrial activity from Paper and Allied Products
Manufacturing facilities as identified by the SIC Codes specified under
Sector B in Table 1-1 of Part 1.2.1.
6.B.2 Industrial Activities Covered by Sector B
The types of activities that permittees under Sector B are
primarily engaged in are:
6.B.2.1 Manufacture of pulps from wood and other cellulose fibers
and from rags;
6.B.2.2 Manufacture of paper and paperboard into converted
products, i.e. paper coated off the paper machine, paper bags, paper
boxes and envelopes;
6.B.2.3 Manufacture of bags of plastic film and sheet.
6.B.3 Monitoring and Reporting Requirements (See also Part 5)
Table B-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring and Numeric limitation
than one sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Paperboard Mills (SIC Code 2631).... COD.................... 120.0 mg/L .............
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 monitoring years
6.C Sector C--Chemical and Allied Products Manufacturing
6.C.1 Covered Storm Water Discharges
The requirements in Part 6.C apply to storm water discharges
associated with industrial activity from Chemical and Allied Products
Manufacturing facilities as identified by the SIC Codes specified under
Sector C in Table 1-1 of Part 1.2.1.
6.C.2 Industrial Activities Covered by Sector C
The requirements listed under this Part apply to storm water
discharges associated with industrial activity from a facility engaged
in manufacturing the following products:
6.C.2.1 basic industrial inorganic chemicals;
6.C.2.2 plastic materials and synthetic resins, synthetic rubbers,
and cellulosic and other human made fibers, except glass;
6.C.2.3 soap and other detergents, including facilities producing
glycerin from vegetable and animal fats and oils; speciality cleaning,
polishing and sanitation preparations; surface active preparations used
as emulsifiers, wetting agents and finishing agents, including
sulfonated oils; and perfumes, cosmetics and other toilet preparations;
[[Page 64821]]
6.C.2.4 paints (in paste and ready mixed form); varnishes;
lacquers; enamels and shellac; putties, wood fillers, and sealers;
paint and varnish removers; paint brush cleaners; and allied paint
producers;
6.C.2.5 industrial organic chemicals;
6.C.2.6 industrial and household adhesives, glues, caulking
compounds, sealants, and linoleum, tile and rubber cements from
vegetable, animal or synthetic plastic materials; explosives; printing
ink, including gravure, screen process and lithographic inks;
miscellaneous chemical preparations such as fatty acids, essential
oils, gelatin (except vegetable), sizes, bluing, laundry sours, writing
and stamp pad ink, industrial compounds such as boiler and heat
insulating compounds, and chemical supplies for foundries;
6.C.2.7 ink and paints, including china painting enamels, indian
ink, drawing ink, platinum paints for burnt wood or leather work,
paints for china painting, artists' paints and artists' water colors;
6.C.2.8 nitrogenous and phosphatic basic fertilizers, mixed
fertilizers, pesticides and other agricultural chemicals.
6.C.3 Limitations on Coverage
6.C.3.1 Prohibition of Non-Storm Water Discharges. (See also Part
1.2.3.3) Not covered by this permit: non-storm water discharges
containing inks, paints or substances (hazardous, nonhazardous, etc.)
resulting from an onsite spill, including materials collected in drip
pans; washwater from material handling and processing areas; and
washwater from drum, tank or container rinsing and cleaning.
6.C.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.C.4.1 Drainage Area Site Map. (See also Part 4.2.2.3) Also
identify where any of the following may be exposed to precipitation/
surface runoff: processing and storage areas; access roads, rail cars
and tracks; areas where substances are transferred in bulk; and
operating machinery.
6.C.4.2 Potential Pollutant Sources. (See also Part 4.2.4)
Describe the following sources and activities that have potential
pollutants associated with them: loading, unloading and transfer of
chemicals; outdoor storage of salt, pallets, coal, drums, containers,
fuels, fueling stations; vehicle and equipment maintenance/cleaning
areas; areas where the treatment, storage or disposal (on- or off-site)
of waste/wastewater occur; storage tanks and other containers;
processing and storage areas; access roads, rail cars and tracks; areas
where the transfer of substances in bulk occurs; and areas where
machinery operates.
6.C.4.3 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1) As
part of your good housekeeping program, include a schedule for regular
pickup and disposal of garbage and waste materials, or adopt other
appropriate measures to reduce the potential for discharging storm
water that has contacted garbage or waste materials. Routinely inspect
the condition of drums, tanks and containers for potential leaks.
6.C.5 Monitoring and Reporting Requirements (See also Part 5)
Table C-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric limitation \2\
than one sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Phosphate Subcategory of the Total Phosphorus (as P) ........................ 105.0 mg/L, daily max.
Fertilizer Manufacturing Point 35 mg/L, 30-day avg.
Source Category (40 CFR Sec.
418.10)--applies to precipitation
runoff, that during manufacturing
or processing, comes into contact
with any raw materials,
intermediate product, finished
product, by-products or waste
product (SIC 2874).
Fluoride............... ........................ 75.0 mg/L, daily max.
25.0 mg/L, 30-day avg.
Agricultural Chemicals (2873-2879).. Nitrate plus Nitrite 0.68 mg/L. .......................
Nitrogen 0.0816 mg/L.............
Total Recoverable Lead. 1.0 mg/L................
Total Recoverable Iron. 0.117 mg/L..............
Total Recoverable Zinc. 2.0 mg/L................
Phosphorus.............
Industrial Inorganic Chemicals (2812- Total Recoverable 0.75 mg/L Nitrate plus Nitrite
2819). Aluminum 1.0 mg/L................ Nitrogen
Total Recoverable Iron. 0.68 mg/L...............
Soaps, Detergents, Cosmetics, and Nitrate plus Nitrite 0.68 mg/L.
Perfumes (SIC 2841-2844). Nitrogen. 0.117 mg/L..............
Total Recoverable Zinc.
Plastics, Synthetics, and Resins Total Recoverable Zinc. 0.117 mg/L.
(SIC 2821-2824).
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.
\2\ Monitor once/year for each Monitoring Year.
6.D Sector D--Asphalt Paving and Roofing Materials and Lubricant
Manufacturers
6.D.1 Covered Storm Water Discharges
The requirements in Part 6.D apply to storm water discharges
associated with industrial activity from Asphalt Paving and Roofing
Materials and Lubricant Manufacturers facilities as identified by the
SIC Codes specified under Sector D in Table 1-1 of Part 1.2.1.
6.D.2 Industrial Activities Covered by Sector D
The types of activities that permittees under Sector D are
primarily engaged in are:
6.D.2.1 manufacturing asphalt paving and roofing materials;
[[Page 64822]]
6.D.2.2 portable asphalt plant facilities;
6.D.2.3 manufacturing lubricating oils and greases.
6.D.3 Limitations on Coverage
The following storm water discharges associated with industrial
activity are not authorized by this permit:
6.D.3.1 discharges from petroleum refining facilities, including
those that manufacture asphalt or asphalt products that are classified
as SIC code 2911;
6.D.3.2 discharges from oil recycling facilities;
6.D.3.3 discharges associated with fats and oils rendering.
6.D.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.D.4.1 Inspections. (See also Part 4.2.7.2.1.5) Inspect at least
once per month, as part of the maintenance program, the following
areas: Material storage and handling areas, liquid storage tanks,
hoppers/silos, vehicle and equipment maintenance, cleaning and fueling
areas, material handling vehicles, equipment and processing areas.
Ensure appropriate action is taken in response to the inspection by
implementing tracking or follow up procedures.
6.D.5 Monitoring and Reporting Requirements. (See also part 5)
Table D-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be subject
to requirements for more than one Parameter Benchmark monitoring Numeric Limitation \2\
sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
Sector of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Asphalt Paving and Roofing Materials Total Suspended Solids 100mg/L.................
(SIC 2951, 2952). (TSS).
Discharges from areas where TSS.................... ........................ 23.0 mg/L, daily max
production of asphalt paving and 15.0 mg/L 30-day avg.
roofing emulsions occurs (SIC 2951,
2952).
Oil and Grease......... ........................ 15.0 mg/L daily max.
10mg/L, 30-day avg.
pH..................... ........................ 6.0-9.0
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 monitoring years.
\2\ Monitor once per year for each monitoring year.
6.E Sector E--Glass, Clay, Cement, Concrete, and Gypsum Products
6.E.1 Covered Storm Water Discharges
The requirements in Part 6.E apply to storm water discharges
associated with industrial activity from Glass, Clay, Cement, Concrete,
and Gypsum Products facilities as identified by the SIC Codes specified
under Sector E in Table 1-1 of part 1.2.1.
6.E.2 Industrial Activities Covered by Sector E
The requirements listed under this permit apply to storm water
discharges associated with industrial activity from a facility engaged
in either manufacturing the following products or performing the
following activities:
6.E.2.1 flat, pressed, or blown glass or glass containers;
6.E.2.2 hydraulic cement;
6.E.2.3 clay products including tile and brick;
6.E.2.4 pottery and porcelain electrical supplies;
6.E.2.5 concrete products;
6.E.2.6 gypsum products;
6.E.2.7 minerals and earths, ground or otherwise treated;
6.E.2.8 non-clay refractories:
6.E.2.9. lime manufacturing
6.E.2.10 cut stone and stone products
6.E.2.11 asbestos products
6.E.2.12 mineral wool and mineral wool insulation products.
6.E.3 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.E.3.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify
the locations of the following, as applicable: bag house or other dust
control device; recycle/sedimentation pond, clarifier or other device
used for the treatment of process wastewater, and the areas that drain
to the treatment device.
6.E.3.2 Good Housekeeping Measures. (See also Part 4.2.2.3) With
good housekeeping prevent or minimize the discharge of: spilled cement;
aggregate (including sand or gravel); kiln dust; fly ash; settled dust;
or other significant material in storm water from paved portions of the
site that are exposed to storm water. Consider using regular sweeping
or other equivalent measures to minimize the presence of these
materials. Indicate in your SWPPP the frequency of sweeping or
equivalent measures. Determine the frequency from the amount of
industrial activity occurring in the area and the frequency of
precipitation, but it must be performed at least once a week if cement,
aggregate, kiln dust, fly ash or settled dust are being handled/
processed. You must also prevent the exposure of fine granular solids
(cement, fly ash, kiln dust, etc.) to storm water where practicable, by
storing these materials in enclosed silos/hoppers, buildings or under
other covering.
6.E.3.3 Inspections. (See also Part 4.2.7.2.1.5) Perform
inspections while the facility is in operation and include all of the
following areas exposed to storm water: material handling areas, above
ground storage tanks, hoppers or silos, dust collection/containment
systems, truck wash down/equipment cleaning areas.
6.E.3.4 Certification. (See also Part 4.4.1) For facilities
producing ready-mix concrete, concrete block, brick or similar
products, include in the non-storm water discharge certification a
description of measures that insure that process waste water resulting
from truck washing, mixers, transport buckets, forms or other equipment
are discharged in accordance with NPDES requirements or are recycled.
6.E.4 Monitoring and Reporting Requirements. (See also Part 5)
[[Page 64823]]
Table E-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric limitaiton \2\
than one sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
Sector of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Clay Product Manufacturers.......... Total Recoverable 0.75 mg/L .......................
(SIC 3245-3259,3261-3269)........... Aluminum.
Concrete and Gypsum Product TSS.................... 100 mg/L .......................
Manufacturers (SIC 3271-3275). Total Recoverable Iron. 1.0 mg/L................
Cement Manufacturing Facility, Total Suspended Solids 50 mg/L daily max.......
Material Storage Runoff: Any (TTS.
discharge composed of runoff that
derives from the storage of
materials including raw materials,
intermediate products, finished
products, and waste materials that
are used in or derived from the
manufacture of cement.
pH..................... ........................ 6.0-9.0 S.U.
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 monitoring years.
\2\ Monitor once per year for each monitoring year.
6.F Sector F--Primary Metals
6.F.1 Covered Storm Water Discharges
The requirements in Part 6.F apply to storm water discharges
associated with industrial activity from Primary Metals facilities as
identified by the SIC Codes specified under Sector F in Table 1-1 of
Part 1.2.1.
6.F.2 Industrial Activities Covered by Sector F
The types of activities under this Part are facilities primarily
engaged in are:
6.F.2.1 Steel works, blast furnaces, and rolling and finishing
mills including: steel wire drawing and steel nails and spikes; cold-
rolled steel sheet, strip, and bars; and steel pipes and tubes;
6.F.2.2 Iron and steel foundries, including: gray and ductile
iron, malleable iron, steel investment, and steel foundries not
elsewhere classified;
6.F.2.3 Primary smelting and refining of nonferrous metals,
including: primary smelting and refining of copper, and primary
production of aluminum;
6.F.2.4 Secondary smelting and refining of nonferrous metals;
6.F.2.5 Rolling, drawing, and extruding of nonferrous metals,
including: rolling, drawing, and extruding of copper; rolling, drawing
and extruding of nonferrous metals except copper and aluminum; and
drawing and insulating of nonferrous wire;
6.F.2.6 Nonferrous foundries (castings), including: aluminum die-
casting, nonferrous die-casting, except aluminum, aluminum foundries,
copper foundries, and nonferrous foundries, except copper and aluminum;
6.F.2.7 Miscellaneous primary metal products, not elsewhere
classified, including: metal heat treating, and primary metal products
not elsewhere classified;
Activities covered include but are not limited to storm water
discharges associated with cooking operations, sintering plants, blast
furnaces, smelting operations, rolling mills, casting operations, heat
treating, extruding, drawing, or forging all types of ferrous and
nonferrous metals, scrap and ore.
6.F.3 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.F.3.1 Drainage Area Site Map. (See also Part 4.2.2.3) Also
identify where any of the following activities may be exposed to
precipitation/surface runoff: storage or disposal of wastes such as
spent solvents/baths, sand, slag/dross; liquid storage tanks/drums;
processing areas including pollution control equipment (e.g.,
baghouses); and storage areas of raw material such as coal, coke,
scrap, sand, fluxes, refractories or metal in any form. In addition,
indicate where an accumulation of significant amounts of particulate
matter could occur from such sources as furnace or oven emissions,
losses from coal/coke handling operations, etc., and which could result
in a discharge of pollutants to waters of the United States.
6.F.3.2 Inventory of Exposed Material. (See also Part 4.2.4)
Include in the inventory of materials handled at the site that
potentially may be exposed to precipitation/runoff, areas where
deposition of particulate matter from process air emissions or losses
during material handling activities are possible.
6.F.3.3 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1) As
part of your good housekeeping program, include: a cleaning/maintenance
program for all impervious areas of the facility where particulate
matter, dust or debris may accumulate, especially areas where material
loading/unloading, storage, handling and processing occur; the paving
of areas where vehicle traffic or material storage occur but where
vegetative or other stabilization methods are not practicable
(institute a sweeping program in these areas too). For unstabilized
areas where sweeping is not practicable, consider using storm water
management devices such as sediment traps, vegetative buffer strips,
filter fabric fence, sediment filtering boom, gravel outlet protection
or other equivalent measures that effectively trap or remove sediment.
6.F.3.4 Inspections. (See also Part 4.2.7.2.1.5) Conduct
inspections routinely, or at least on a quarterly basis, and address
all potential sources of pollutants, including (if applicable): air
pollution control equipment (e.g., baghouses, electrostatic
precipitators, scrubbers and cyclones) for any signs of degradation
(e.g., leaks, corrosion or improper operation) that could limit their
efficiency and lead to excessive emissions. Consider monitoring air
flow at inlets/outlets (or use equivalent measures) to check for leaks
(e.g., particulate deposition) or blockage in ducts. Also inspect all
process and material handling equipment (e.g., conveyors, cranes and
vehicles) for leaks, drips or the potential loss of material; and
material storage areas (e.g., piles, bins or hoppers for storing coke,
coal, scrap or slag, as well as chemicals stored in tanks/drums) for
signs of material losses due to wind or storm water runoff.
6.F.4 Monitoring and Reporting Requirements. (See also Part 5)
[[Page 64824]]
Table F-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Sector of permit affected/supplemental requirements--
-----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be subject to
requirements for more than one sector/ Parameter Benchmark monitoring Numeric
subsector) cutoff concentration limitation
-------------------------------------------------------------------------------------\1\------------------------
Steel Works, Blast Furnaces, and Rolling Total Recoverable Aluminum..... 0.75 mg/L
and Finishing Mills (SIC 3312-3317). Total Recoverable Zinc......... 0.117 mg/L.............
Iron and Steel Foundries (SIC 3321-3325) Total Recoverable Aluminum..... 0.75 mg/L.
Total Suspended Solids......... 100 mg/L...............
Total Recoverable Copper....... 0.0636 mg/L............
Total Recoverable Iron......... 1.0 mg/L...............
Total Recoverable Zinc......... 0.117 mg/L.............
Rolling, Drawing, and Extruding of Non- Total Recoverable Copper....... 0.0636 mg/L
Ferrous Metals (SIC 3351-3357). Total Recoverable Zinc......... 0.117 mg/L.............
Non-Ferrous Foundries (SIC 3363-3369)... Total Recoverable Copper....... 0.636 mg/L.
Total Recoverable Zinc......... 0.117 mg/L. ...........
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.
6.G Sector G--Metal Mining (Ore Mining and Dressing)
6.G.1 Covered Storm Water Discharges
The requirements in Part 6.G apply to storm water discharges
associated with industrial activity from active, temporarily inactive
and inactive metal mining and ore dressing facilities, including mines
abandoned on Federal Lands, as identified by the SIC Codes specified
under Sector G in Table 1-1 of Part 1.2.1. Coverage is required for
facilities that discharge storm water contaminated by contact with or
that has come into contact with, any overburden, raw material,
intermediate product, finished product, byproduct, or waste product
located on the site of the operation.
6.G.1.1 Covered Discharges from Inactive Facilities: All storm
water discharges.
6.G.1.2 Covered Discharges from Active and Temporarily Inactive
Facilities: Only the storm water discharges from the following areas
are covered: waste rock/overburden piles if composed entirely of storm
water and not combining with mine drainage; topsoil piles; offsite
haul/access roads; onsite haul/access roads constructed of waste rock/
overburden/spent ore if composed entirely of storm water and not
combining with mine drainage; onsite haul/access roads not constructed
of waste rock/overburden/spent ore except if mine drainage is used for
dust control; runoff from tailings dams/dikes when not constructed of
waste rock/tailings and no process fluids are present; runoff from
tailings dams/dikes when constructed of waste rock/tailings if and no
process fluids are present if composed entirely of storm water and not
combining with mine drainage; concentration building if no contact with
material piles; mill site if no contact with material piles; office/
administrative building and housing if mixed with storm water from
industrial area; chemical storage area; docking facility if no
excessive contact with waste product that would otherwise constitute
mine drainage; explosive storage; fuel storage; vehicle/equipment
maintenance area/building; parking areas (if necessary); power plant;
truck wash areas if no excessive contact with waste product that would
otherwise constitute mine drainage; unreclaimed, disturbed areas
outside of active mining area; reclaimed areas released from
reclamation bonds prior to December 17, 1990; and partially/
inadequately reclaimed areas or areas not released from reclamation
bonds.
6.G.2 Industrial Activities Covered by Sector G
Note: ``metal mining'' will connote any of the separate
activities listed in Part 6.G.2. The types of activities that
permittees under Sector G are primarily engaged in are:
6.G.2.1 exploring for metallic minerals (ores), developing mines
and the mining of ores;
6.G.2.2 ore dressing and beneficiating, whether performed at co-
located, dedicated mills or separate (i.e., custom) mills.
6.G.3 Limitations on Coverage
6.G.3.1 Prohibition of Storm Water Discharges.
Storm water discharges not authorized by this permit: discharges
from active metal mining facilities which are subject to effluent
limitation guidelines for the Ore Mining and Dressing Point Source
Category (40 CFR Part 440).
Note: discharges that come in contact with overburden/waste rock
are subject to 40 CFR Part 440, providing: the discharges drain to a
point source (either naturally or as a result of intentional
diversion) and they combine with ``mine drainage'' that is otherwise
regulated under the Part 440 regulations. Discharges from
overburden/waste rock can be covered under this permit if they are
composed entirely of storm water, do not combine with sources of
mine drainage that are subject to 40 CFR Part 440, and meet other
eligibility criteria contained in Part 1.2.2.1.
6.G.3.2 Prohibition of Non-Storm Water Discharges.
Not authorized by this permit: adit drainage and contaminated
springs or seeps (see also the standard Limitations on Coverage in Part
1.2.3).
6.G.4 Definitions
6.G.4.1 Mining Operation--typically consists of three phases, any
one of which individually qualifies as a ``mining activity.'' The
phases are the exploration and construction phase, the active phase,
and the reclamation phase.
6.G.4.2 Exploration and Construction Phase--entails exploration
and land disturbance activities to determine the financial viability of
a site. Construction includes the building of site access roads and
removal of overburden and waste rock to expose mineable minerals.
6.G.4.3 Active Phase--activities including each step from
extraction through production of a salable product.
6.G.4.4 Reclamation Phase--activities intended to return the land
to its pre-mining use
The following definitions are not intended to supercede the
definitions of active and inactive mining facilities established by 40
CFR 122.26(b)(14)(iii).
6.G.4.5 Active Metal Mining Facility--a place where work or other
activity related to the extraction, removal or recovery of metal ore is
being conducted. For surface mines, this definition does not include
any land where grading has returned the earth to a desired contour and
reclamation has begun.
[[Page 64825]]
6.G.4.6 Inactive Metal Mining Facility--a site or portion of a
site where metal mining and/or milling occurred in the past but is not
an active facility as defined above, and where the inactive portion is
not covered by an active mining permit issued by the applicable State
or Federal government agency.
6.G.4.7 Temporarily Inactive Metal Mining Facility--a site or
portion of a site where metal mining and/or milling occurred in the
past but currently are not being actively undertaken, and the facility
is covered by an active mining permit issued by the applicable State or
Federal government agency.
6.G.5 Clearing, Grading and Excavation Activities
Clearing, grading and excavation activities being conducted as part
of the exploration and construction phase of a mining operation cannot
be covered under this permit if these activities will disturb one or
more acre of land. Instead, coverage for these activities must be under
the latest version of EPA's General Permit for Storm Water Discharges
from Construction Activities (the ``Construction General Permit;''
Federal Register, Vol. 63, p. 7858 and for Region 6, Federal Register,
Vol. 63, p. 36490), or an individual construction permit. If the area
of disturbance during the initial phase is less than one acre, you must
continue to comply with the requirements of the MSGP-2000.
6.G.5.1 Requirements for Activities Disturbing 5 or More Acres of
Earth. If the one-acre limit as defined in Part 6.G.5 is attained,
coverage for these activities must be under the latest version of EPA's
Construction General Permit (or individual permit). You must first
obtain and comply with the Construction General Permit's requirements
before submitting the separate Construction General Permit Notice of
Intent (NOI) form (EPA Form 3510-9). The February 17, 1998 version of
the permit can be downloaded from the EPA's Web Site at www.epa.gov/owm/sw/construction/cgp/cgp-nat.pdf and Region 6's July 6, 1998 version
of the permit at www.epa.gov/owm/sw/construction/cgp/cgp-reg6.pdf or
obtained from the Office of Water Resource Center at (202) 260-7786.
The NOI form is also available from the Web Site at www.epa.gov/owm/sw/construction/connoi.pdf or from your EPA Regional office at the address
listed under Part 8.3. Discharges in compliance with the provisions of
the Construction General Permit are also authorized under the MSGP.
6.G.5.2 Cessation of Earth Disturbing Activities. If exploration
phase clearing, grading and excavation activities are completed and no
further mining activities will occur at the site, you must comply with
the requirements for terminating the Construction General Permit, i.e.,
stabilize and revegetate the disturbed land, submit a Notice of
Termination, etc. If active mining activities will ensue, you must
apply for coverage under the MSGP-2000 for your storm water discharges
and be prepared to implement any new requirements prior to beginning
the active phase. It is recommended you terminate your coverage under
the Construction General Permit, but it is not mandatory that you do
so. If you choose not to terminate your construction General Permit,
you will be responsible for complying with all permit conditions of the
construction permit in addition to those of the MSGP-2000. The Notice
of Termination form is Addendum E to this permit and is available at
http://www.epa.gov/owm/sw/industry/msgp/notform.pdf.
6.G.6 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.G.6.1 SWPPP Requirements for Active and Temporarily Inactive
Metal Mining Facilities.
6.G.6.1.1 Nature of Industrial Activities. (See also Part 4.2.2.1
) Briefly describe the mining and associated activities that can
potentially affect the storm water discharges covered by this permit,
including: the total acreage within the mine site; the estimated
acreage of disturbed land; the estimated acreage of land proposed to be
disturbed throughout the life of the mine; and a general description of
the location of the site relative to major transportation routes and
communities.
6.G.6.1.2 Site Map. (See also Part 4.2.2.3) Also identify the
locations of the following (as appropriate): mining/milling site
boundaries; access and haul roads; outline of the drainage areas of
each storm water outfall within the facility and indicate the types of
discharges from the drainage areas; equipment storage, fueling and
maintenance areas; materials handling areas; outdoor manufacturing,
storage or material disposal areas; chemicals and explosives storage
areas; overburden, materials, soils or waste storage areas; location of
mine drainage (where water leaves mine) or other process water;
tailings piles/ponds (including proposed ones); heap leach pads; off-
site points of discharge for mine drainage/process water; surface
waters; and boundary of tributary areas that are subject to effluent
limitations guidelines.
6.G.6.1.3 Potential Pollutant Sources. (See also Part 4.2.4) For
each area of the mine/mill site where storm water discharges associated
with industrial activities occur, identify the types of pollutants
(e.g., heavy metals, sediment) likely to be present in significant
amounts. Consider these factors: the mineralogy of the ore and waste
rock (e.g., acid forming); toxicity and quantity of chemicals used,
produced or discharged; the likelihood of contact with storm water;
vegetation of site (if any); history of significant leaks/spills of
toxic or hazardous pollutants. Also include a summary of any existing
ore or waste rock/overburden characterization data and test results for
potential generation of acid rock. If any new data is acquired due to
changes in ore type being mined, update your SWPPP with this
information.
6.G.6.1.4 Site Inspections. (See also Part 4.2.7.2.1.5) Inspect
active mining sites at least monthly. Inspect temporarily inactive
sites at least quarterly unless adverse weather conditions make the
site inaccessible.
6.G.6.1.5 Employee Training. (See also Part 4.2.7.2.1.6) Conduct
employee training at least annually at active mining and temporarily
inactive sites.
6.G.6.1.6 Controls. (See also Part 4.2.7) Consider each of the
following BMPs. The potential pollutants identified in Part 6.G.6.1.3
shall determine the priority and appropriateness of the BMPs selected.
If you determine that one or more of these BMPs are not appropriate for
your facility, explain why it is not appropriate. If BMPs are
implemented or planned but are not listed here (e.g., substituting a
less toxic chemical for a more toxic one), include descriptions of them
in your SWPPP.
6.G.6.1.6.1 Storm Water Diversions. Consider diverting storm water
away from potential pollutant sources. BMP options: interceptor/
diversion controls (e.g., dikes, swales, curbs or berms); pipe slope
drains; subsurface drains; conveyance systems (e.g., channels or
gutters, open top box culverts and waterbars; rolling dips and road
sloping; roadway surface water deflector, and culverts); or their
equivalents.
6.G.6.1.6.2 Sediment and Erosion Control. (See also Part
4.2.7.2.2.1) At active and temporarily inactive sites consider a range
of erosion controls within the broad categories of: flow diversion
(e.g., swales); stabilization (e.g., temporary or permanent seeding);
and structural controls (e.g., sediment traps, dikes, silt fences).
[[Page 64826]]
6.G.6.1.6.3 Management of Runoff. (See also Part 4.2.7.2.2.2)
Consider the potential pollutant sources given in Part 6.G.6.1.3 when
determining reasonable and appropriate measures for managing runoff.
6.G.6.1.6.4 Capping. When capping is necessary to minimize
pollutant discharges in storm water, identify the source being capped
and the material used to construct the cap.
6.G.6.1.6.5 Treatment. If treatment of storm water (e.g., chemical
or physical systems, oil/water separators, artificial wetlands, etc.)
from active and temporarily inactive sites is necessary to protect
water quality, describe the type and location of treatment used.
6.G.6.1.6.6 Certification of Discharge Testing. (See also Part
4.4.1) Test or evaluate for the presence of specific mining-related
non-storm water discharges such as seeps or adit discharges or
discharges subject to effluent limitations guidelines (e.g., 40 CFR
Part 440), such as mine drainage or process water. Alternatively (if
applicable), you may certify in your SWPPP that a particular discharge
comprised of commingled storm water and non-storm water is covered
under a separate NPDES permit; and that permit subjects the non-storm
water portion to effluent limitations prior to any commingling. This
certification shall identify the non-storm water discharges, the
applicable NPDES permit(s), the effluent limitations placed on the non-
storm water discharge by the permit(s), and the points at which the
limitations are applied.
6.G.6.2 SWPPP Requirements for Inactive Metal Mining Facilities.
6.G.6.2.1 Nature of Industrial Activities. (See also Part 4.2.2.1)
Briefly describe the mining and associated activities that took place
at the site that can potentially affect the storm water discharges
covered by this permit. Include: approximate dates of operation; total
acreage within the mine and/or processing site; estimate of acres of
disturbed earth; activities currently occurring onsite (e.g.,
reclamation); a general description of site location with respect to
transportation routes and communities.
6.G.6.2.2 Site Map. (See also Part 4.2.2.3) See Part 6.G.6.1.2 for
requirements.
6.G.6.2.3 Potential Pollutant Sources. (See also Part 4.2.4) See
Part 6.G.6.1.3 for requirements.
6.G.6.2.4 Controls. (See also Part 4.2.7) Consider each of the
following BMPs. The potential pollutants identified in Part 6.G.6.2.3
shall determine the priority and appropriateness of the BMPs selected.
If you determine that one or more of these BMPs are not appropriate for
your facility, explain why it is not appropriate. If BMPs are
implemented or planned but are not listed here (e.g., substituting a
less toxic chemical for a more toxic one), include descriptions of them
in your SWPPP. The non-structural controls in the general requirements
at Part 4.2.7.2.1 are not required for inactive facilities.
6.G.6.2.4.1 Storm Water Diversions. See Part 6.G.6.1.6.2 for
requirements.
6.G.6.2.4.2 Sediment and Erosion Control. (See also Part
4.2.7.2.2.1) See Part 6.G.6.1.6 for requirements.
6.G.6.2.4.3 Management of Runoff. (See also Part 4.2.7.2.2.2)
Also consider the potential pollutant sources as described in Part
6.G.6.2.3 (Summary of Potential Pollutant Sources) when determining
reasonable and appropriate measures for managing runoff.
6.G.6.2.4.4 Capping. See Part 6.G.6.1.7 for requirements.
6.G.6.2.4.5 Treatment. See Part 6.G.6.1.8 for requirements.
6.G.6.2.5 Comprehensive Site Compliance Evaluation. (See also Part
4.9)
Annual site compliance evaluations may be impractical for inactive
mining sites due to remote location/inaccessibility of the site; in
which case conduct the evaluation at least once every 3 years. Document
in the SWPPP why annual compliance evaluations are not possible. If the
evaluations will be conducted more often than every 3 years, specify
the frequency of evaluations.
6.G.7 Monitoring and Reporting Requirements. (See also Part 5)
6.G.7.1 Analytic Monitoring for Copper Ore Mining and Dressing
Facilities. Active copper ore mining and dressing facilities must
sample and analyze storm water discharges for the pollutants listed in
Table G-1.
Table G-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring for Copper Ore Mining and
Dressing Facilities
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric limitation
than one sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Copper Ore Mining and Dressing Total Suspended Solids 100 mg/L. .......................
Facilities. (TSS). 0.68 mg/L...............
(SIC 1021).......................... Nitrate plus Nitrite 120 mg/L................
Nitrogen.
Chemical Oxygen Demand
(COD).
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.
6.G.7.2 Analytic Monitoring Requirements for Discharges From Waste
Rock and Overburden Piles at Active Ore Mining and Dressing
Facilities.For discharges from waste rock and overburden piles, perform
analytic monitoring at least once within the first year of permit
coverage for the parameters listed in Table G-2, and twice annually
thereafter for any parameters measured above the benchmark value (based
on the initial sampling event) listed in Table G-2. Permittees must
also conduct analytic monitoring twice annually for the parameters
listed in Table G-3. The twice annual samples must be collected once
between January 1 and June 30 and once between July 1 and December 31,
with at least 3 months separating the storm events. The director may,
however, notify you that you must perform additional monitoring to
accurately characterize the quality and quantity of pollutants
discharged from your waste rock/overburden piles. Monitoring
requirements for discharges from waste rock and overburden piles are
not eligible for the waivers in Part 5.3.2.
[[Page 64827]]
Table G-2.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring for Discharges From Waste Rock
and Overburden Piles From Active Ore Mining or Dressing Facilities
----------------------------------------------------------------------------------------------------------------
Part of permit affected/supplemental requirements--
-----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring cutoff Numeric
than one sector/subsector) concentration \1\ limitation
----------------------------------------------------------------------------------------------------------------
Iron Ores; Copper Ores; Lead and Total Suspended Solids 100 mg/L. ................
Zinc Ores; Gold and Silver Ores; (TSS). 5 NTUs above background.
Ferroalloy Ores Except Vanadium; Turbidity (NTUs).......... 6.0-9.0 standard units.
Miscellaneous Metal Ores (SIC pH........................ no benchmark value.
Codes 1011, 1021, 1031, 1041, Hardness (as CaCO3).......
1044, 1061, 1081, 1094, 1099).
See above, as applicable.......... Antimony, Total........... 0.636 mg/L.
Arsenic, Total............ 0.16854 mg/L.
Beryllium, Total.......... 0.13 mg/L.
Cadmium, Total (hardness 0.0159 mg/L.
dependent). 0.0636 mg/L.
Copper, Total (hardness 1.0 mg/L.
dependent). 0.0816 mg/L.
Iron, Total............... 1.0 mg/L.
Lead, Total (hardness 0.0024 mg/L.
dependent). 1.417 mg/L.
Manganese, Total.......... 0.2385 mg/L.
Mercury, Total............ 0.318 mg/L.
Nickel, Total (hardness 0.117 mg/L.
dependent).
Selenium, Total...........
Silver, Total (hardness
dependent).
Zinc, Total (hardness
dependent).
----------------------------------------------------------------------------------------------------------------
\1\ Monitor at least once during the first year of permit coverage, and twice annually thereafter for any
parameter that exceeds the benchmark value. Facilities that monitored for the full list of Table G-2
parameters during the previous permit need not sample the entire list again, however they must continue twice
annual monitoring for parameters that exceeded the benchmark values in the initial sampling event.
6.G.7.2.1 Additional Analytic Monitoring Requirements for
Discharges From Waste Rock and Overburden Piles.
Table G-3 contains additional monitoring requirements for specific
ore mine categories. Perform the monitoring twice annually using the
schedule established in Part 6.G.7.2. The initial sampling event for a
pollutant parameter required in Table G-2 satisfies the requirement for
the first sample of any pollutant measurement in Table G-3.
Table G-3.--Additional Monotoring Requirements for Discharges From Waste Rock and Overburden Piles From Active
Ore Mining or Dressing Facilities
----------------------------------------------------------------------------------------------------------------
Supplemental requirements--
-----------------------------------------------------------------------------------------------------------------
Pollutants of concern
-----------------------------------------------------------------
Type of Ore mined Total suspended
solids (TSS) pH Metals, total
----------------------------------------------------------------------------------------------------------------
Tungsten Ore.................................. X X Arsenic, Cadmium (H), Copper (H),
Lead (H), Zinc (H).
Nickel Ore.................................... X X Arsenic, Cadmium (H), Copper (H),
Lead (H), Zinc (H).
Aluminum Ore.................................. X X Iron.
Mercury Ore................................... X X Nickel (H).
Iron Ore...................................... X X Iron (Dissolved).
Platinum Ore.................................. ............... ........ Cadmium (H), Copper (H), Mercury,
Lead (H), Zinc (H).
Titanium Ore.................................. X X Iron, Nickel (H), Zinc (H).
Vanadium Ore.................................. X X Arsenic, Cadmium (H), Copper (H),
Zinc (H).
Copper, Lead, Zinc, Gold, Silver and X X Arsenic, Cadmium (H), Copper (H),
Molybdenum. Lead, Mercury, Zinc (H).
Uranium, Radium and Vanadium.................. X X Chemical Oxygen Demand, Arsenic,
Radium (Dissolved and Total),
Uranium, Zinc (H).
----------------------------------------------------------------------------------------------------------------
Note: (H) indicates that hardness must also be measured when this pollutant is measured.
6.G.7.2.2 Reporting Requirements Storm Water Discharges From Waste
Rock And Overburden Piles From Active Ore Mining or Dressing
Facilities. From active ore mining and dressing facilities, submit
monitoring results for each outfall discharging storm water from waste
rock and overburden piles, or certifications in accordance with Part 7.
Submit monitoring reports on discharge monitoring report (DMR) forms
postmarked no later than January 28 of the next year after the samples
were collected.
[[Page 64828]]
Table G-4.--Applicability of the Multi-Sector General Permit to Storm
Water Runoff From Active Ore (Metal) Mining and Dressing Sites
------------------------------------------------------------------------
Discharge/source of discharge Note/comment
------------------------------------------------------------------------
Piles
------------------------------------------------------------------------
Waste rock/overburden...................... If composed entirely of
storm water and not
combining with mine
drainage. See Note below.
Topsoil
------------------------------------------------------------------------
Roads constructed of waste rock or spent ore
------------------------------------------------------------------------
Onsite haul roads.......................... If composed entirely of
storm water and not
combining with mine
drainage. See Note below.
Offsite haul/access roads
------------------------------------------------------------------------
Roads not constructed of waste rock or spent ore
------------------------------------------------------------------------
Onsite haul roads.......................... Except if ``mine drainage''
is used for dust control.
Offsite haul/access roads
------------------------------------------------------------------------
Milling/concentrating
------------------------------------------------------------------------
Runoff from tailings dams/dikes when Except if process fluids
constructed of waste rock/tailings. are present and only if
composed entirely of storm
water and not combining
with mine drainage. See
Note below.
Runoff from tailings dams/dikes when not Except if process fluids
constructed of waste rock/tailings. are present.
Concentration building..................... If storm water only and no
contact with piles.
Mill site.................................. If storm water only and no
contact with piles.
------------------------------------------------------------------------
Ancillary areas
------------------------------------------------------------------------
Office/administrative building and housing. If mixed with storm water
from the industrial area.
Chemical storage area
Docking facility........................... Except if excessive contact
with waste product that
would otherwise constitute
``mine drainage''.
Explosive storage
Fuel storage (oil tanks/coal piles)
Vehicle/equipment maintenance area/building
Parking areas.............................. But coverage unnecessary if
only employee and visitor-
type parking.
Power plant
Truck wash area............................ Except when excessive
contact with waste product
that would otherwise
constitute ``mine
drainage''.
------------------------------------------------------------------------
Reclamation-related areas
------------------------------------------------------------------------
Any disturbed area (unreclaimed)........... Only if not in active
mining area.
Reclaimed areas released from reclamation
bonds prior to Dec. 17 1990.
Partially/inadequately reclaimed areas or
areas not released from reclamation bond.
------------------------------------------------------------------------
Note: Storm water runoff from these sources are subject to the NPDES
program for storm water unless mixed with discharges subject to the 40
CFR Part 440 that are not regulated by another permit prior to mixing.
Non-storm water discharges from these sources are subject to NPDES
permitting and may be subject to the effluent limitation guidelines
under 40 CFR Part 440.
Discharges from overburden/waste rock and overburden/waste rock-related
areas are not subject to 40 CFR Part 440 unless: (1) it drains
naturally (or is intentionally diverted) to a point source; and (2)
combines with ``mine drainage'' that is otherwise regulated under the
Part 440 regulations. For such sources, coverage under this permit
would be available if the discharge composed entirely of storm water
does not combine with other sources of mine drainage that are not
subject to 40 CFR Part 440, as well as meeting other eligibility
criteria contained in Part I.B. of the permit. Permit applicants bear
the initial responsibility for determining the applicable technology-
based standard for such discharges. EPA recommends that permit
applicants contact the relevant NPDES permit issuance authority for
assistance to determine the nature and scope of the ``active mining
area'' on a mine-by-mine basis, as well as to determine the
appropriate permitting mechanism for authorizing such discharges.
[[Page 64829]]
6.H Sector H--Coal Mines and Coal Mining Related Facilities
6.H.1 Covered Storm Water Discharges
The requirements in Part 6.H apply to storm water discharges
associated with industrial activity from Coal Mines and Coal Mining
Related facilities as identified by the SIC Codes specified under
Sector H in Table 1-1 of Part 1.2.1.
6.H.2 Industrial Activities Covered by Sector H
Storm water discharges from the following portions of coal mines
may be eligible for this permit:
6.H.2.1 Haul roads (nonpublic roads on which coal or coal refuse
is conveyed);
6.H.2.2 Access roads (nonpublic roads providing light vehicular
traffic within the facility property and to public roadways);
6.H.2.3 Railroad spurs, siding and internal haulage lines (rail
lines used for hauling coal within the facility property and to offsite
commercial railroad lines or loading areas);
6.H.2.4 Conveyor belts, chutes and aerial tramway haulage areas
(areas under and around coal or refuse conveyer areas, including
transfer stations); and
6.H.2.5 Equipment storage and maintenance yards, coal handling
buildings and structures, and inactive coal mines and related areas
(abandoned and other inactive mines, refuse disposal sites and other
mining-related areas).
6.H.3 Limitation on Coverage
6.H.3.1 Prohibition of Non-Storm Water Discharges. (See also Part
1.2.2.2) Not covered by this permit: discharges from pollutant seeps or
underground drainage from inactive coal mines and refuse disposal areas
that do not result from precipitation events; and discharges from floor
drains in maintenance buildings and other similar drains in mining and
preparation plant areas.
6.H.3.2 Discharges Subject to Storm Water Effluent Guidelines.
(See also Part 1.2.3.4) Not authorized by this permit: storm water
discharges subject to an existing effluent limitation guideline at 40
CFR Part 434.
6.H.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4 of the MSGP.
6.H.4.1 Other Applicable Regulations. Most active coal mining-
related areas (SIC Codes 1221-1241) are subject to sediment and erosion
control regulations of the U.S. Office of Surface Mining (OSM) that
enforces the Surface Mining Control and Reclamation Act (SMCRA). OSM
has granted authority to most coal producing states to implement SMCRA
through State SMCRA regulations. All SMCRA requirements regarding
control of storm water-related pollutant discharges must be addressed
in the SWPPP (directly or by reference).
6.H.4.2 Drainage Area Site Map. (See also Part 4.2.2.3) Also
identify where any of the following may be exposed to precipitation/
surface runoff: all applicable mining related areas described in Part
6.H.2; acidic spoil, refuse or unreclaimed disturbed areas, and liquid
storage tanks containing pollutants such as caustics, hydraulic fluids
and lubricants.
6.H.4.3 Potential Pollutant Sources. (See also Part 4.2.4)
Describe the following sources and activities that have potential
pollutants associated with them: truck traffic on haul roads and
resulting generation of sediment subject to runoff and dust generation;
fuel or other liquid storage; pressure lines containing slurry,
hydraulic fluid or other potential harmful liquids; and loading or
temporary storage of acidic refuse/spoil.
6.H.4.4 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1) As
part of your good housekeeping program, consider: using sweepers;
covered storage; watering haul roads to minimize dust generation; and
conserving vegetation (where possible) to minimize erosion.
6.H.4.5 Preventive Maintenance. (See also Part 4.2.7.2.1.3) Also
perform inspections of storage tanks and pressure lines of fuels,
lubricants, hydraulic fluid or slurry to prevent leaks due to
deterioration or faulty connections; or other equivalent measures.
6.H.4.6 Inspections of Active Mining-Related Areas and Inactive
Areas Under SMCRA Bond Authority. (See also Part 4.2.7.2.1.5) Perform
quarterly inspections of areas covered by this permit, corresponding
with the inspections, as performed by SMCRA inspectors, of all mining-
related areas required by SMCRA. Also maintain the records of the SMCRA
authority representative.
6.H.4.7 Sediment and Erosion Control. (See also Part 4.2.7.2.2.1)
As indicated in Part 6.H.4.1 above, SMCRA requirements regarding
sediment and erosion control measures are primary requirements of the
SWPPP for mining-related areas subject to SMCRA authority.
6.H.4.8 Comprehensive Site Compliance Evaluation. (See also Part
4.9.2) Include in your evaluation program, inspections for pollutants
entering the drainage system from activities located on or near coal
mining-related areas. Among the areas to be inspected: haul and access
roads; railroad spurs, sliding and internal hauling lines; conveyor
belts, chutes and aerial tramways; equipment storage and maintenance
yards; coal handling buildings/structures; and inactive mines and
related areas.
6.H.6 Monitoring and Reporting Requirements. (See also Part 5)
Table H-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric limitation
than one sector/subsector) cutoff concentration 1
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Coal Mines and Related Areas....... Total Recoverable Aluminum. 0.75 mg/L.
(SIC 1221-1241).................... Total Recoverable Iron..... 1.0 mg/L..............
Total Suspended Solids..... 100 mg/L. ............
----------------------------------------------------------------------------------------------------------------
1 Monitor once/quarter for the year 2 and year 4 Monitoring Years.
[[Page 64830]]
6.I Sector I--Oil and Gas Extraction and Refining
6.I.1 Covered Storm Water Discharges
The requirements in Part 6.I apply to storm water discharges
associated with industrial activity from Oil and Gas Extraction and
Refining facilities as identified by the SIC Codes specified under
Sector I in Table 1-1 of Part 1.2.1.
6.I.2 Industrial Activities Covered By Sector I
The types of activities that permittees under Sector I are
primarily engaged in are:
6.I.2.1 Oil and gas exploration, production, processing or
treatment operations, or transmission facilities;
6.I.2.2 Extraction and production of crude oil, natural gas, oil
sands and shale; the production of hydrocarbon liquids and natural gas
from coal; and associated oil field service, supply and repair
industries.
6.I.3 Limitations On Coverage
6.I.3.1 Prohibition of Storm Water Discharges. This permit does
not authorize contaminated storm water discharges from petroleum
refining or drilling operations that are subject to nationally
established BAT or BPT guidelines found at 40 CFR Parts 419 and 435,
respectively. Note: most contaminated discharges at petroleum refining
and drilling facilities are subject to these effluent guidelines and
are not eligible for coverage by this permit.
6.I.3.2 Prohibition of Non-Storm Water Discharges. Not authorized
by this permit: discharges of vehicle and equipment washwater,
including tank cleaning operations.
Alternatively, washwater discharges must be authorized under a
separate NPDES permit, or be discharged to a sanitary sewer in
accordance with applicable industrial pretreatment requirements.
6.I.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.I.4.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify
where any of the following may be exposed to precipitation/surface
runoff: Reportable Quantity (RQ) releases; locations used for the
treatment, storage or disposal of wastes; processing areas and storage
areas; chemical mixing areas; construction and drilling areas; all
areas subject to the effluent guidelines requirements for ``No
Discharge'' in accordance with 40 CFR 435.32; and the structural
controls to achieve compliance with the ``No Discharge'' requirements.
6.I.4.2 Potential Pollutant Sources. (See also Part 4.2.4)
Also describe the following sources and activities that have
potential pollutants associated with them: chemical, cement, mud or gel
mixing activities; drilling or mining activities; and equipment
cleaning and rehabilitation activities. In addition, include
information about the RQ release that triggered the permit application
requirements; the nature of release (e.g., spill of oil from a drum
storage area); the amount of oil or hazardous substance released;
amount of substance recovered; date of the release; cause of the
release (e.g., poor handling techniques and lack of containment in the
area); areas affected by the release (i.e., land and water); procedure
to clean up release; actions or procedures implemented to prevent or
improve response to a release; and remaining potential contamination of
storm water from release (taking into account human health risks, the
control of drinking water intakes and the designated uses of the
receiving water).
6.I.4.3 Inspections. (See also Part 4.2.7.2.1.5)
6.I.4.3.1 Inspection Frequency. Inspect all equipment and areas
addressed in the SWPPP at a minimum of 6-month intervals. Routinely
(but not less than quarterly) inspect equipment and vehicles which
store, mix (including all on and offsite mixing tanks) or transport
chemicals/hazardous materials (including those transporting supplies to
oil field activities).
6.I.4.3.2 Temporarily or Permanently Inactive Oil and Gas
Extraction Facilities. For these facilities that are remotely located
and unstaffed, perform the inspections at least annually.
6.I.4.4 Sediment and Erosion Control. (See also Part 4.2.7.2.2.1)
Unless covered by the General Permit for Construction Activity, the
additional sediment and erosion control requirements for well
drillings, and sand/shale mining areas include the following:
6.I.4.4.1 Site Description: Also include: a description of the
nature of the exploration activity; estimates of the total area of site
and area disturbed due to exploration activity; an estimate of runoff
coefficient of the site; site drainage map, including approximate
slopes; and the name of all receiving waters. All sediment and erosion
control measures must be inspected once every seven days.
6.I.4.4.2 Vegetative Controls: Describe and implement vegetative
practices designed to preserve existing vegetation where attainable and
re-vegetate open areas as soon as practicable after grade drilling.
Consider the following (or equivalent measures): temporary or permanent
seeding, mulching, sod stabilization, vegetative buffer strips, tree
protection practices. Begin implementing appropriate vegetative
practices on all disturbed areas within 14 days following the last
activity in that area.
6.I.4.5 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
6.I.4.5.1 Vehicle and Equipment Storage Areas. Confine vehicles/
equipment awaiting or having undergone maintenance to designated areas
(as marked on site map). Describe and implement measures to minimize
contaminants from these areas (e.g., drip pans under equipment, indoor
storage, use of berms or dikes, or other equivalent measures).
6.I.4.5.2 Material and Chemical Storage Areas. Maintain these
areas in good conditions to prevent contamination of storm water.
Plainly label all hazardous materials.
6.I.4.5.3 Chemical Mixing Areas. (See also Part 4.4)
Describe and implement measures that prevent or minimize
contamination of storm water runoff from chemical mixing areas.
6.J Sector J--Mineral Mining and Dressing
6.J.1 Covered Storm Water Discharges
The requirements in Part 6.J apply to storm water discharges
associated with industrial activity from active and inactive mineral
mining and dressing facilities as identified by the SIC Codes specified
under Sector J in Table 1-1 of Part 1.2.1.
6.J.2 Industrial Activities Covered by Sector J
The types of activities that permittees under Sector J are
primarily engaged in are:
6.J.2.1 exploring for minerals (e.g., stone, sand, clay, chemical
and fertilizer minerals, non-metallic minerals, etc.), developing mines
and the mining of minerals; and
6.J.2.2 mineral dressing, and non-metallic mineral services.
6.J.3 Limitations on Coverage
Not authorized by this permit: most storm water discharges subject
to an existing effluent limitation guideline at 40 CFR part 436. The
exceptions to this limitation and which are therefore covered by the
MSGP-2000 are mine
[[Page 64831]]
dewatering discharges composed entirely of storm water or ground water
seepage from: construction sand and gravel, industrial sand, and
crushed stone mining facilities in Regions 1, 2, 3, 6, 8, 9, and 10.
6.J.4 Definitions
6.J.4.1 Mining Operation--typically consists of three-phases, any
one of which individually qualifies as a ``mining activity.'' The
phases are the exploration and construction phase, the active phase and
the reclamation phase.
6.J.4.2 Exploration and Construction Phase--entails exploration
and land disturbance activities to determine the financial viability of
a site. Construction includes the building of site access roads and
removal of overburden and waste rock to expose mineable minerals.
6.J.4.3 Active Phase--activities including each step from
extraction through production of a salable product.
6.J.4.4 Reclamation phase--activities intended to return the land
to its pre-mining state.
Note: The following definitions are not intended to supercede
the definitions of active and inactive mining facilities established
by 40 CFR 122.26(b)(14)(iii).
6.J.4.5 Active Mineral Mining Facility--a place where work or
other activity related to the extraction, removal or recovery of
minerals is being conducted. This definition does not include any land
where grading has returned the earth to a desired contour and
reclamation has begun.
6.J.4.6 Inactive Mineral Mining Facility--a site or portion of a
site where mineral mining and/or dressing occurred in the past but is
not an active facility as defined above, and where the inactive portion
is not covered by an active permit issued by the applicable State or
Federal government agency.
6.J.4.7 Temporarily Inactive Mineral Mining Facility--a site or
portion of a site where mineral mining and/or dressing occurred in the
past but currently are not being actively undertaken, and the facility
is covered by an active mining permit issued by the applicable State or
Federal government agency.
6.J.5 Clearing, Grading and Excavation Activities
Clearing, grading and excavation activities being conducted as part
of the exploration and construction phase of a mineral mining operation
cannot be covered under this permit if these activities will disturb
one or more acre of land. Instead, coverage for these activities must
be under the latest version of EPA's General Permit for Storm Water
Discharges from Construction Activities (the ``Construction General
Permit;'' Federal Register, Vol. 63, p. 7858) and, for Region 6,
Federal Register, Vol. 63, p. 36490), or an individual construction
permit. If the area of disturbance during the initial phase is less
than one acre, you must continue to comply with the requirements of the
MSGP-2000.
6.J.5.1 Obtaining Coverage Under the Construction General Permit.
If the one-acre limit as described in Part 6.J.5 is attained, coverage
for these activities must be under the latest version of EPA's
Construction General Permit (or individual permit). You must first
obtain and comply with the Construction General Permit's requirements
before submitting the separate Construction General Permit Notice of
Intent (NOI) form (EPA Form 3510-9). The February 17, 1998 version of
the permit can be downloaded from the EPA's Web Site at http://www.epa.gov/owm/sw/construction/cgp/cgp-nat.pdf or obtained from the
Office of Water Resource Center at (202) 260-7786. The NOI form is also
available from the Web Site at http://www.epa.gov/owm/sw/construction/connoi.pdf or from your EPA Regional office at the address listed under
Part 8.3. Discharges in compliance with the provisions of the
Construction General Permit are also authorized under the MSGP.
6.J.5.2 Cessation of Exploration and Construction Activities. If
exploration phase clearing, grading and excavation activities are
completed and no further mining activities will occur at the site, you
must comply with the requirements for terminating the Construction
General Permit, i.e., stabilize and revegetate the disturbed land,
submit a Notice of Termination, etc. If active mining operations will
ensue, you must apply for coverage under the MSGP-2000 for your storm
water discharges and be prepared to implement any new requirements
prior to beginning the active phase. It is recommended you terminate
your coverage under the construction general permit, but you are not
required to do so. If you choose to not terminate, you will be
responsible for complying with all permit conditions of the
construction permit in addition to those of the MSGP-2000. The Notice
of Termination form is available in Addendum F to this permit and at
http://www.epa.gov/owm/sw/industry/msgp/notform.pdf.
6.J.6 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4 of the MSGP.
6.J.6.1 Inspections. (See also Part 4.2.7.2.1.5) Conduct quarterly
visual inspections of all BMPs at active mining facilities. At
temporarily or permanently inactive facilities, perform annual
inspections. Include in your inspection program: assessment of the
integrity of storm water discharge diversions, conveyance systems,
sediment control and collection systems and containment structures;
inspections to determine if soil erosion has occurred at, or as a
result of vegetative BMPs, serrated slopes and benched slopes;
inspections of material handling and storage areas and other potential
sources of pollution for evidence of actual or potential discharges of
contaminated storm water.
6.J.7 Monitoring and Reporting Requirements. (See also Part 5)
Table J-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric limitation \2\
than one sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Mine Dewatering Activities at Total Suspended Solids. ........................ 25 mg/L, monthly avg.
Construction Sand and Gravel; pH..................... 45 mg/L, daily max
Industrial Sand; and Crushed Stone 6.0-9.0
Mining Facilities (SIC 1422-1429,
1442, 1446).
Sand and Gravel Mining (SIC 1442, Nitrate plus Nitrogen.. 0.68 mg/L. .......................
1446). Total Suspended Solids. 100 mg/L................
[[Page 64832]]
Dimension and Crushed Stone and Total Suspended Solids. 100 mg/L. .......................
Nonmetallic Minerals (except fuels)
(SIC 1411, 1422-1429, 1481, 1499).
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.
\2\ Monitor once/year for Each Monitoring Year.
6.K Sector K--Hazardous Waste Treatment, Storage or Disposal
Facilities
6.K.1 Covered Storm Water Discharges
The requirements in Part 6.K apply to storm water discharges
associated with industrial activity from Hazardous Waste Treatment,
Storage or Disposal facilities as identified by the Activity Code
specified under Sector K in Table 1-1 of Part 1.2.1.
6.K.2 Industrial Activities Covered by Sector K
This permit authorizes storm water discharges associated with
industrial activity from facilities that treat, store or dispose of
hazardous wastes, including those that are operating under interim
status or a permit under subtitle C of RCRA.
6.K.3 Limitations on Coverage
For facilities located in Region 6, coverage is limited to
Hazardous Waste Treatment Storage or Disposal Facilities (TSDF's) that
are self-generating or handle residential wastes only and to those
facilities that only store hazardous wastes and do not treat or
dispose. Those permits are issued by EPA Region 6 for Louisiana
(LAR05*###), New Mexico (NMR05*###), Oklahoma (OKR05*###), and Federal
Indian Reservations in these States (LAR05*##F, NMR05*##F, OKR05*##F,
or TXR05*##F). Coverage under this permit is not available to
commercial hazardous waste disposal/treatment facilities located in
Region 6 that dispose and treat on a commercial basis any produced
hazardous wastes (not their own) as a service to generators.
6.K.3.1 Prohibition of Non-Storm Water Discharges. (See also Part
1.2.3.1) Not authorized by this permit: leachate, gas collection
condensate, drained free liquids, contaminated ground water,
laboratory-derived wastewater and contact washwater from washing truck
and railcar exteriors and surface areas which have come in direct
contact with solid waste at the landfill facility.
6.K.4 Definitions
6.K.4.1 Contaminated storm water--storm water which comes in
direct contact with landfill wastes, the waste handling and treatment
areas, or landfill wastewater as defined in Part 6.K.4.5. Some specific
areas of a landfill that may produce contaminated storm water include
(but are not limited to): the open face of an active landfill with
exposed waste (no cover added); the areas around wastewater treatment
operations; trucks, equipment or machinery that has been in direct
contact with the waste; and waste dumping areas.
6.K.4.2 Drained free liquids--aqueous wastes drained from waste
containers (e.g., drums, etc.) prior to landfilling.
6.K.4.3 Land treatment facility--a facility or part of a facility
at which hazardous waste is applied onto or incorporated into the soil
surface; such facilities are disposal facilities if the waste will
remain after closure.
6.K.4.4 Landfill--an area of land or an excavation in which wastes
are placed for permanent disposal, that is not a land application or
land treatment unit, surface impoundment, underground injection well,
waste pile, salt dome formation, a salt bed formation, an underground
mine or a cave as these terms are defined in 40 CFR 257.2, 258.2 and
260.10.
6.K.4.5 Landfill wastewater--as defined in 40 CFR Part 445
(Landfills Point Source Category) all wastewater associated with, or
produced by, landfilling activities except for sanitary wastewater,
non-contaminated storm water, contaminated groundwater, and wastewater
from recovery pumping wells. Landfill wastewater includes, but is not
limited to, leachate, gas collection condensate, drained free liquids,
laboratory derived wastewater, contaminated storm water and contact
washwater from washing truck, equipment, and railcar exteriors and
surface areas which have come in direct contact with solid waste at the
landfill facility.
6.K.4.6 Leachate--liquid that has passed through or emerged from
solid waste and contains soluble, suspended, or miscible materials
removed from such waste.
6.K.4.7 Non-contaminated storm water--storm water which does not
come into direct contact with landfill wastes, the waste handling and
treatment areas, or landfill wastewater as defined in Part 6.K.4.5.
Non-contaminated storm water includes storm water which flows off the
cap, cover, intermediate cover, daily cover, and/or final cover of the
landfill.
6.K.4.8 Pile--any non-containerized accumulation of solid,
nonflowing hazardous waste that is used for treatment or storage and
that is not a containment building.
6.K.4.9 Surface impoundment--a facility or part of a facility
which is a natural topographic depression, man-made excavation or diked
area formed primarily of earthen materials (although it may be lined
with man-made 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.
6.K.5 Numeric Limitations, Monitoring and Reporting Requirements.
(See also Part 5)
[[Page 64833]]
Table K-1.--Sector-Specific Numeric Effluent Limitations and Benchmark and Compliance Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be subject
to requirements for more than one Parameter Benchmark monitoring Numeric limitation 2
sector/subsector) cutoff concentration 1
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
ALL--Industrial Activity Code........ Ammonia................ 19.0 mg/L .......................
``HZ'' (Note: permit coverage limited
in some States).
Total Recoverable 0.0636 mg/L .......................
Magnesium.
Chemical Oxygen Demand 120.0 mg/L .......................
(COD).
Total Recoverable 0.16854 mg/L .......................
Arsenic.
Total Recoverable 0.0159 mg/L .......................
Cadmium.
Total Cyanide.......... 0.0636 mg/L .......................
Total Recoverable Lead. 0.0816 mg/L .......................
Total Recoverable 0.0024 mg/L .......................
Mercury.
Total Recoverable 0.2385 mg/L .......................
Selenium.
Total Recoverable 0.0318 mg/L .......................
Silver.
ALL--Industrial Activity Code........ BOD5................... ....................... 220 mg/l, daily max.
``HZ'' Subject to the Provisions of 56 mg/l, monthly avg.
40 CFR Part 445 Subpart A. maximum.
TSS.................... ....................... 88 mg/l, daily max.
27 mg/l, monthly avg.
maximum.
Ammonia................ ....................... 10 mg/l, daily maximum.
4.9 mg/l, monthly avg.
maximum.
Alpha Terpineol........ ....................... 0.042 mg/l, daily max.
0.019 mg/l, monthly
avg. maximum.
Aniline................ ....................... 0.024 mg/l, daily max.
0.015 mg/l, monthly
avg. maximum.
Benzoic Acid........... ....................... 0.119 mg/l, daily max.
0.073 mg/l, monthly
avg. maximum.
Naphthalene............ ....................... 0.059 mg/l, daily max.
0.022 mg/l, monthly
avg. maximum.
p-Cresol............... ....................... 0.024 mg/l, daily max.
0.015 mg/l, monthly
avg. maximum.
Phenol................. ....................... 0.048 mg/l, daily max.
0.029 mg/l, monthly
avg. maximum.
Pyridine............... ....................... 0.072 mg/l, daily max.
0.025 mg/l, monthly
avg. maximum.
Arsenic (Total)........ ....................... 1.1 mg/l, daily
maximum.
0.54 mg/l, monthly avg.
maximum.
Chromium (Total)....... ....................... 1.1 mg/l, daily
maximum.
0.46 mg/l, monthly avg.
maximum.
Zinc (Total)........... ....................... 0.535 mg/l, daily max.
0.296 mg/l, monthly
avg. maximum.
pH..................... ....................... Within the range of 6-9
pH units.
----------------------------------------------------------------------------------------------------------------
1 These benchmark monitoring cutoff concentrations apply to storm water discharges associated with industrial
activity other than contaminated storm water discharges from landfills subject to the numeric effluent
limitations set forth in Table K-1. Monitor once/quarter for the year 2 and year 4 monitoring years.
2 As set forth at 40 CFR Part 445 Subpart A, these numeric limitations apply to contaminated storm water
discharges from hazardous waste landfills subject to the provisions of RCRA Subtitle C at 40 CFR Parts 264
(Subpart N) and 265 (Subpart N) except for any of the facilities described below:
(a) Landfills operated in conjunction with other industrial or commercial operations when the landfill only
receives wastes generated by the industrial or commercial operation directly associated with the landfill;
(b) Landfills operated in conjunction with other industrial or commercial operations when the landfill receives
wastes generated by the industrial or commercial operation directly associated with the landfill and also
receives other wastes provided the other wastes received for disposal are generated by a facility that is
subject to the same provisions in 40 CFR Subchapter N as the industrial or commercial operation or the other
wastes received are of similar nature to the wastes generated by the industrial or commercial operation;
[[Page 64834]]
(c) Landfills operated in conjunction with Centralized Waste Treatment (CWT) facilities subject to 40 CFR Part
437 so long as the CWT facility commingles the landfill wastewater with other non-landfill wastewater for
discharge. A landfill directly associated with a CWT facility is subject to this part if the CWT facility
discharges landfill wastewater separately from other CWT wastewater or commingles the wastewater from its
landfill only with wastewater from other landfills; or
(d) Landfills operated in conjunction with other industrial or commercial operations when the landfill receives
wastes from public service activities so long as the company owning the landfill does not receive a fee or
other remuneration for the disposal service.
For the discharges subject to the numeric effluent limitations,
monitoring for the specified parameters is required once/year during
each year of the term of the permit.
6.L Sector L--Landfills, Land Application Sites and Open Dumps
6.L.1 Covered Storm Water Discharges
The requirements in Part 6.L apply to storm water discharges
associated with industrial activity from Landfills and Land Application
Sites and Open Dumps as identified by the Activity Codes specified
under Sector L in Table 1-1 of Part 1.2.1.
6.L.2 Industrial Activities Covered by Sector L
This permit may authorize storm water discharges for Sector L
facilities associated with waste disposal at landfills, land
application sites and open dumps that receive or have received
industrial waste, including sites subject to regulation under Subtitle
D of RCRA.
6.L.3 Limitations on Coverage
6.L.3.1 Prohibition of Non-Storm Water Discharges. (See also Part
1.2.3.1)
Not authorized by this permit: leachate, gas collection condensate,
drained free liquids, contaminated ground water, laboratory wastewater,
and contact washwater from washing truck and railcar exteriors and
surface areas which have come in direct contact with solid waste at the
landfill facility.
6.L.4 Definitions
6.L.4.1 Contaminated storm water--storm water which comes in
direct contact with landfill wastes, the waste handling and treatment
areas, or landfill wastewater. Some specific areas of a landfill that
may produce contaminated storm water include (but are not limited to):
the open face of an active landfill with exposed waste (no cover
added); the areas around wastewater treatment operations; trucks,
equipment or machinery that has been in direct contact with the waste;
and waste dumping areas.
6.L.4.2 Drained free liquids--aqueous wastes drained from waste
containers (e.g., drums, etc.) prior to landfilling.
6.L.4.3 Landfill wastewater--as defined in 40 CFR Part 445
(Landfills Point Source Category) all wastewater associated with, or
produced by, landfilling activities except for sanitary wastewater,
non-contaminated storm water, contaminated groundwater, and wastewater
from recovery pumping wells. Landfill process wastewater includes, but
is not limited to, leachate, gas collection condensate, drained free
liquids, laboratory derived wastewater, contaminated storm water and
contact washwater from washing truck, equipment and railcar exteriors
and surface areas which have come in direct contact with solid waste at
the landfill facility.
6.L.4.4 Leachate--liquid that has passed through or emerged from
solid waste and contains soluble, suspended or miscible materials
removed from such waste.
6.L.4.5 Non-contaminated storm water--storm water which does not
come in direct contact with landfill wastes, the waste handling and
treatment areas, or landfill wastewater. Non-contaminated storm water
includes storm water which flows off the cap, cover, intermediate
cover, daily cover, and/or final cover of the landfill.
6.L.5 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.L.5.1 Drainage Area Site Map. (See also Part 4.2.2.3)
Identify where any of the following may be exposed to
precipitation/surface runoff: Active and closed landfill cells or
trenches, active and closed land application areas, locations where
open dumping is occurring or has occurred, locations of any known
leachate springs or other areas where uncontrolled leachate may
commingle with runoff, leachate collection and handling systems.
6.L.5.2 Summary of Potential Pollutant Sources. (See also Part
4.2.4)
Describe the following sources and activities that have potential
pollutants associated with them: fertilizer, herbicide and pesticide
application; earth/soil moving; waste hauling and loading/unloading;
outdoor storage of significant materials including daily, interim and
final cover material stockpiles as well as temporary waste storage
areas; exposure of active and inactive landfill and land application
areas; uncontrolled leachate flows; failure or leaks from leachate
collection and treatment systems.
6.L.5.3 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
As part of your good housekeeping program, consider providing
protected storage areas for pesticides, herbicides, fertilizer and
other significant materials.
6.L.5.4 Preventative Maintenance Program. (See also Part 4.2.7.1)
As part of your preventive maintenance program, maintain: all
containers used for outdoor chemical/significant materials storage to
prevent leaking; all elements of leachate collection and treatment
systems to prevent commingling of leachate with storm water; the
integrity and effectiveness of any intermediate or final cover
(including repairing the cover as necessary to minimize the effects of
settlement, sinking and erosion).
6.L.5.5 Inspections.
6.L.5.5.1 Inspections of Active Sites. (See also Part 4.2.7.2.1.5)
Inspect operating landfills, open dumps and land application sites at
least once every 7 days. Focus on areas of landfills that have not yet
been finally stabilized, active land application areas, areas used for
storage of material/wastes that are exposed to precipitation,
stabilization and structural control measures, leachate collection and
treatment systems, and locations where equipment and waste trucks
enter/exit the site. Ensure that sediment and erosion control measures
are operating properly. For stabilized sites and areas where land
application has been completed, or where the climate is seasonally arid
(annual rainfall averages from 0 to 10 inches) or semi-arid (annual
rainfall averages from 10 to 20 inches), conduct inspections at least
once every month.
6.L.5.5.2 Inspections of Inactive Sites. (See also Part
4.2.7.2.1.5) Inspect inactive landfills, open dumps and land
application sites at least quarterly. Qualified personnel must inspect
landfill (or open dump) stabilization and structural erosion control
measures and leachate collection and treatment systems, and all closed
land application areas.
6.L.5.6 Recordkeeping and Internal Reporting. Implement a tracking
system for the types of wastes disposed of in each cell or trench of a
landfill or open dump. For land application sites, track
[[Page 64835]]
the types and quantities of wastes applied in specific areas.
6.L.5.7 Non-Storm Water Discharge Test Certification. (See also
Part 4.) The discharge test and certification must also be conducted
for the presence of leachate and vehicle washwater.
6.L.5.8 Sediment and Erosion Control Plan. (See also Part
4.2.7.2.2.1) Provide temporary stabilization (e.g., consider temporary
seeding, mulching and placing geotextiles on the inactive portions of
stockpiles): for materials stockpiled for daily, intermediate and final
cover; for inactive areas of the landfill or open dump; for any
landfill or open dump area that have gotten final covers but where
vegetation has yet to established itself; and where waste application
has been completed at land application sites but final vegetation has
not yet been established.
6.L.5.9 Comprehensive Site Compliance Evaluation. (See also Part
4.9.2) Evaluate areas contributing to a storm water discharge
associated with industrial activities at landfills, open dumps and land
application sites for evidence of, or the potential for, pollutants
entering the drainage system.
6.L.6 Numeric Limitations, Monitoring and Reporting Requirements.
(See also Part 5)
Table L-1.--Sector-Specific Numeric Effluent Limitations and Benchmark and Compliance Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric limitation \2\
than one sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
Section of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
All Landfill, Land Application Sites Total Suspended Solids 100 mg/L................
and Open Dumps (Industrial Activity (TSS).
Code ``LF'').
All Landfill, Land Application Sites Total Recoverable Iron. 1.0mg/L.................
and Open Dumps, Except Municipal
Solid Waste Landfill (MSWLF) Areas
Closed in Accordance with 40 CFR
258.60 (Industrial Activity Code
``LF'').
All Landfills Which are Subject to BOD5................... ........................ 140 mg/1, daily max.
the Requirements of 40 CFR Part 445 37 mg/1, monthly ave
Subpart B (Industrial Activity Code maximum
``LF'').
TSS.................... ........................ 88 mg/l, daily max.
27 mg/1, monthly ave
maximum.
Ammonia................ ........................ 10 mg/1, daily max.
4.9 mg/1, monthly ave
maximum.
Alpha Terpineol........ ........................ 0.033 mg/1, daily max.
0.016 mg/1, monthly ave
maximum.
Benzoic Acid........... ........................ 0.12 mg/1, daily max.
0.071 mg/1, monthly ave
maximum.
p-Cresol............... ........................ 0.025 mg/1, daily max.
0.014 mg/1, monthly ave
maximum.
Phenol................. ........................ 0.026 mg/1, daily max.
0.015 mg/1, monthly ave
maximum.
Zinc (Total)........... ........................ 0.20 mg/1, daily max.
0.11 mg/1, monthly ave
maximum.
pH..................... ........................ Within the range of 6-9
pH units.
----------------------------------------------------------------------------------------------------------------
\1\ These benchmark monitoring cutoff concentrations apply to storm water discharges associated with industrial
activity other than contaminated storm water discharges from landfills subject to the numeric effluent
limitations set forth in Table L-1. Monitor once/quarter for the year 2 and year 4 monitoring years.
\2\ As set forth at 40 CFR Part 445 Subpart B, these numeric limitations apply to contaminated storm water
discharges from MSWLFs which have not been closed in accordance with 40 CFR 258.60, and contaminated storm
water discharges from those landfills which are subject to the provisions of 40 CFR Part 257 except for
discharges from any of facilities described in (a) through (d) below:
(a) landfills operated in conjunction with other industrial or commercial operations when the landfill only
receives wastes generated by the industrial or commercial operation directly associated with the landfill;
(b) landfills operated in conjunction with other industrial or commercial operations when the landfill receives
wastes generated by the industrial or commercial operation directly associated with the landfill and also
receives other wastes provided the other wastes received for disposal are generated by a facility that is
subject to the same provisions in 40 CFR Subchapter N as the industrial or commercial operation or the other
wastes received are of similar nature to the wastes generated by the industrial or commercial operation;
(c) landfills operated in conjunction with Centralized Waste Treatment (CWT) facilities subject to 40 CFR Part
437 so long as the CWT facility commingles the landfill wastewater with other non-landfill wastewater for
discharge. A landfill directly associated with a CWT facility is subject to this part if the CWT facility
discharges landfill wastewater separately from other CWT wastewater or commingles the wastewater from its
landfill only with wastewater from other landfills; or
(d) landfills operated in conjunction with other industrial or commercial operations when the landfill receives
wastes from public service activities so long as the company owning the landfill does not receive a fee or
other remuneration for the disposal service.
[[Page 64836]]
For the discharges subject to the numeric effluent limitations,
monitoring for the specified parameters is required once/year during
each year of the term of the permit.
6.M Sector M--Automobile Salvage Yards
6.M.1 Covered Storm Water Discharges
The requirements in Part 6.M apply to storm water discharges
associated with industrial activity from Automobile Salvage Yards as
identified by the Activity Code specified under Sector M in Table 1-1
of Part 1.2.1.
6.M.2 Industrial Activities Covered by Sector M
The types of activities that permittees under Sector M are
primarily engaged in are dismantling or wrecking used motor vehicles
for parts recycling/resale and for scrap.
6.M.3 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.M.3.1 Drainage Area Site Map. (See also Part 4.2.2.3) Indicate
the location of each monitoring point, and estimate the total acreage
used for industrial activity including, but not limited to,
dismantling, storage and maintenance of used motor vehicle parts. Also
identify where any of the following may be exposed to precipitation/
surface runoff: Dismantling areas; parts (e.g., engine blocks, tires,
hub caps, batteries, hoods, mufflers) storage areas; liquid storage
tanks and drums for fuel and other fluids.
6.M.3.2 Potential Pollutant Sources. (See also Part 4.2.4) Assess
the potential for the following to contribute pollutants to storm water
discharges: Vehicle storage areas; dismantling areas; parts storage
area (e.g., engine blocks, tires, hub caps, batteries, hoods,
mufflers); fueling stations.
6.M.3.3 Spill and Leak Prevention Procedures. (See also Part
4.2.7.2.1.4) Drain vehicles intended to be dismantled of all fluids
upon arrival at the site (or as soon thereafter as feasible); or employ
some other equivalent means to prevent spills/leaks.
6.M.3.4 Inspections. (See also Part 4.2.7.2.1.5) Immediately (or
as soon thereafter as feasible) inspect vehicles arriving at the site
for leaks. Inspect quarterly for signs of leakage, all equipment
containing oily parts, hydraulic fluids or any other types of fluids.
Also inspect quarterly for signs of leakage, all vessels and areas
where fluids are stored, including, but not limited to, brake fluid,
transmission fluid, radiator water and antifreeze.
6.M.3.5 Employee Training. (See also Part 4.2.7.2.1.6) If
applicable to your facility, address the following areas (at a minimum)
in your employee training program: Proper handling (collection,
storage, and disposal) of oil, used mineral spirits, anti-freeze and
solvents.
6.M.3.6 Management of Runoff. (See also Part 4.2.7.2.2.2)
Consider the following management practices: Berms or drainage ditches
on the property line (to help prevent run-on from neighboring
properties); berms for uncovered outdoor storage of oily parts, engine
blocks and above-ground liquid storage; installation of detention
ponds; and the installation of filtering devices and oil/water
separators.
6.M.4 Monitoring and Reporting Requirements. (See also Part 5)
Table M-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be subject
to requirements for more than one Parameter Benchmark monitoring Numeric limitation
sector/subsector) cutoff concentration 1
----------------------------------------------------------------------------------------------------------------
Sector of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Automobile Salvage Yards (SIC 5015).. Total Suspended Solids 100.0 mg/L.
(TSS). 0.75 mg/L..............
Total Recoverable 1.0 mg/L...............
Aluminum. 0.0816 mg/L. ..........
Total Recoverable Iron.
Total Recoverable Lead.
----------------------------------------------------------------------------------------------------------------
1 Monitor once/quarter for the year 2 and year 4 monitoring years.
6.N Sector N--Scrap Recycling and Waste Recycling Facilities
6.N.1 Covered Storm Water Discharges
The requirements in Part N apply to storm water discharges
associated with industrial activity from Scrap Recycling and Waste
Recycling facilities as identified by the SIC Codes specified under
Sector N in Table 1-1 of Part 1.2.1.
6.N.2 Industrial Activities Covered by Sector N
The types of activities that permittees under Sector N are
primarily engaged in are:
6.N.2.1 processing, reclaiming and wholesale distribution of scrap
and waste materials such as ferrous and nonferrous metals, paper,
plastic, cardboard, glass, animal hides;
6.N.2.2 reclaiming and recycling liquid wastes such as used oil,
antifreeze, mineral spirits and industrial solvents.
6.N.3 Coverage Under This Permit
Separate permit requirements have been established for recycling
facilities that only receive source-separated recyclable materials
primarily from non-industrial and residential sources (i.e., common
consumer products including paper, newspaper, glass, cardboard, plastic
containers, aluminum and tin cans). This includes recycling facilities
commonly referred to as material recovery facilities (MRF).
6.N.3.1 Prohibition of Non-Storm Water Discharges. (See also Part
1.2.2.2) Not covered by this permit: non-storm water discharges from
turnings containment areas (see also Part 6.N.5.1.3). Discharges from
containment areas in the absence of a storm event are prohibited unless
covered by a separate NPDES permit.
6.N.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4 of the MSGP. Part 6.N.4.1
contains a requirement that applies to all recycling facilities and is
followed by Parts 6.N.4.2 to 6.N.4.4.4, which have requirements for
specific types of
[[Page 64837]]
recycling facilities. Implement and describe in your SWPPP a program to
address those items that apply. Included are lists of BMP options
which, along with any functional equivalents, should be considered for
implementation. Selection or deselection of a particular BMP or
approach is up to the best professional judgement of the operator, as
long as the objective of the requirement is met.
6.N.4.1 Drainage Area Site Map. (See also Part 4.2.2.3)
Identify the locations of any of the following activities or
sources which may be exposed to precipitation/surface runoff: scrap and
waste material storage, outdoor scrap and waste processing equipment,
and containment areas for turnings exposed to cutting fluids.
6.N.4.2 Scrap and Waste Recycling Facilities (Non-Source
Separated, Non-Liquid Recyclable Materials). Requirements for
facilities that receive, process and do wholesale distribution of non-
liquid recyclable wastes (e.g., ferrous and nonferrous metals,
plastics, glass, cardboard and paper). These facilities may receive
both non recyclable and recyclable materials. This section is not
intended for those facilities that only accept recyclables from
primarily non-industrial and residential sources.
6.N.4.2.1 Inbound Recyclable and Waste Material Control Program.
Minimize the chance of accepting materials that could be significant
sources of pollutants by conducting inspections of inbound recyclables
and waste materials. BMP options: (a) Provide information/education to
suppliers of scrap and recyclable waste materials on draining and
properly disposing of residual fluids (e.g., from vehicles and
equipment engines, radiators and transmissions, oil filled transformers
and individual containers or drums), prior to delivery to your
facility; (b) procedures to minimize the potential of any residual
fluids from coming into contact with precipitation/runoff; (c)
procedures for accepting scrap lead-acid batteries (additional
requirements for the handling, storage and disposal or recycling of
batteries are contained in the scrap lead-acid battery program
provisions in N.5.1.6); (d) training targeted for those personnel
engaged in the inspection and acceptance of inbound recyclable
materials. In addition, (e) liquid wastes, including used oil, must be
stored in materially compatible and non-leaking containers and disposed
or recycled in accordance with RCRA.
6.N.4.2.2 Scrap and Waste Material Stockpiles/Storage (Outdoor).
Minimize contact of storm water runoff with stockpiled materials,
processed materials and non-recyclable wastes. BMP options: (a)
Permanent or semi-permanent covers; (b) to facilitate settling or
filtering of pollutants: sediment traps, vegetated swales and strips,
catch basin filters and sand filters; (c) divert runoff away from
storage areas via dikes, berms, containment trenches, culverts and
surface grading; (d) silt fencing; (e) oil/water separators, sumps and
dry absorbents for areas where potential sources of residual fluids are
stockpiled (e.g., automobile engine storage areas).
6.N.4.2.3 Stockpiling of Turnings Exposed to Cutting Fluids
(Outdoor). Minimize contact of surface runoff with residual cutting
fluids. BMP options (use singularly or in combination): (a) Store all
turnings exposed to cutting fluids under some form of permanent or
semi-permanent cover. Storm water discharges from these areas are
permitted provided the runoff is first treated by an oil/water
separator or its equivalent. Identify procedures to collect, handle and
dispose/recycle residual fluids which may be present; (b) establish
dedicated containment areas for all turnings that have been exposed to
cutting fluids. Storm water runoff from these areas can be discharged
provided: The containment areas are constructed of either concrete,
asphalt or other equivalent types of impermeable material; there is a
barrier around the perimeter of the containment areas (e.g., berms,
curbing, elevated pads, etc.) to prevent contact with storm water run-
on; there is a drainage collection system for runoff generated from
containment areas; you have a schedule to maintain the oil/water
separator (or its equivalent); and you identify procedures for properly
disposing or recycling collected residual fluids.
6.N.4.2.4 Scrap and Waste Material Stockpiles/Storage (Covered or
Indoor Storage). Minimize contact of residual liquids and particulate
matter from materials stored indoors or under cover with surface
runoff. BMP options: (a) Good housekeeping measures including the use
of dry absorbent or wet vacuuming to contain or dispose/recycle
residual liquids originating from recyclable containers; (b) not
allowing washwater from tipping floors or other processing areas to
discharge to the storm sewer system; (c) disconnect or seal off all
floor drains connected to the storm sewer system.
6.N.4.2.5 Scrap and Recyclable Waste Processing Areas. Minimize
surface runoff from coming in contact with scrap processing equipment.
Pay attention to operations that generate visible amounts of
particulate residue (e.g., shredding) to minimize the contact of
accumulated particulate matter and residual fluids with runoff (i.e.,
through good housekeeping, preventive maintenance, etc.). BMP options:
(a) Regularly inspect equipment for spills/leaks, and malfunctioning/
worn/corroded parts or equipment; (b) a preventive maintenance program
for processing equipment; (c) use of dry-absorbents or other cleanup
practices to collect and dispose/recycle spilled/leaking fluids; (e) on
unattended hydraulic reservoirs over 150 gallons in capacity, install
such protection devices as low-level alarms or other equivalent
devices, or, alternatively, secondary containment that can hold the
entire volume of the reservoir; (f) containment or diversion structures
such as dikes, berms, culverts, trenches, elevated concrete pads,
grading to minimize contact of storm water runoff with outdoor
processing equipment or stored materials; (g) oil/water separators or
sumps; (h) permanent or semi-permanent covers in processing areas where
there are residual fluids and grease; (i) retention/detention ponds or
basins; sediment traps, vegetated swales or strips (for pollutant
settling/filtration); (j) catch basin filters or sand filters.
6.N.4.2.6 Scrap Lead-Acid Battery Program. Properly handle, store
and dispose of scrap lead-acid batteries. BMP options: (a) Segregate
scrap lead-acid batteries from other scrap materials; (b) proper
handling, storage and disposal of cracked or broken batteries; (c)
collect and dispose leaking lead-acid battery fluid; (d) minimize/
eliminate (if possible) exposure of scrap lead-acid batteries to
precipitation or runoff; (e) employee training for the management of
scrap batteries.
6.N.4.2.7 Spill Prevention and Response Procedures. (See also
Part 4.2.7.2.1.4) Minimize storm water contamination at loading/
unloading areas, and from equipment or container failures. BMP options:
(a) Prevention and response measures for areas that are potential
sources of fluid leaks/spills; (b) immediate containment and clean up
of spills/leaks. If malfunctioning equipment is responsible for the
spill/leak, repairs should also be conducted as soon as possible; (c)
cleanup measures including the use of dry absorbents. If this method is
employed, there should be an adequate supply of dry absorbent materials
kept onsite and used absorbent must be properly disposed of; (d) store
drums containing liquids--especially oil and lubricants--either:
Indoors, in a bermed area, in overpack containers or spill pallets, or
[[Page 64838]]
in other containment devices; (e) install overfill prevention devices
on fuel pumps or tanks; (f) place drip pans or equivalent measures
under leaking stationary equipment until the leak is repaired. The drip
pans should be inspected for leaks and potential overflow and all
liquids must be properly disposed of (as per RCRA); (g) install alarms
and/or pump shut off systems on outdoor equipment with hydraulic
reservoirs exceeding 150 gallons in the event of a line break.
Alternatively, a secondary containment system capable of holding the
entire contents of the reservoir plus room for precipitation can be
used.
6.N.4.2.8 Quarterly Inspection Program. (See also Part
4.2.7.2.1.5) Inspect all designated areas of the facility and equipment
identified in the plan quarterly.
6.N.4.2.9 Supplier Notification Program. As appropriate, notify
major suppliers which scrap materials will not be accepted at the
facility or are only accepted under certain conditions.
6.N.4.3 Waste Recycling Facilities (Liquid Recyclable Materials).
6.N.4.3.1 Waste Material Storage (Indoor). Minimize/eliminate
contact between residual liquids from waste materials stored indoors
and surface runoff. The plan may refer to applicable portions of other
existing plans such as SPCC plans required under 40 CFR Part 112. BMP
options: (a) procedures for material handling (including labeling and
marking); (b) clean up spills/leaks with dry-absorbent materials or a
wet vacuum system; (c) appropriate containment structures (trenching,
curbing, gutters, etc.); (d) a drainage system, including appurtenances
(e.g., pumps or ejectors, manually operated valves), to handle
discharges from diked or bermed areas. Drainage should be discharged to
an appropriate treatment facility, sanitary sewer system, or otherwise
disposed of properly. These discharges may require coverage under a
separate NPDES wastewater permit or industrial user permit under the
pretreatment program.
6.N.4.3.2 Waste Material Storage (Outdoor). Minimize contact
between stored residual liquids and precipitation or runoff. The plan
may refer to applicable portions of other existing plans such as SPCC
plans required under 40 CFR Part 112. Discharges of precipitation from
containment areas containing used oil must also be in accordance with
applicable sections of 40 CFR Part 112. BMP options: (a) appropriate
containment structures (e.g., dikes, berms, curbing, pits) to store the
volume of the largest tank with sufficient extra capacity for
precipitation; (b) drainage control and other diversionary structures;
(c) for storage tanks, provide corrosion protection and/or leak
detection systems; (d) use dry-absorbent materials or a wet vacuum
system to collect spills.
6.N.4.3.3 Trucks and Rail Car Waste Transfer Areas. Minimize
pollutants in discharges from truck and rail car loading/unloading
areas. Include measures to clean up minor spills/leaks resulting from
the transfer of liquid wastes. BMP options: (a) containment and
diversionary structures to minimize contact with precipitation or
runoff; (b) use dry-clean up methods, wet vacuuming, roof coverings, or
runoff controls.
6.N.4.3.4 Quarterly Inspections. (See also Part 4.2.7.2.1.5) At a
minimum, the inspections must also include all areas where waste is
generated, received, stored, treated or disposed and that are exposed
to either precipitation or storm water runoff.
6.N.4.4 Recycling Facilities (Source Separated Materials). The
following identifies considerations for facilities that receive only
source-separated recyclables, primarily from non-industrial and
residential sources.
6.N.4.4.1 Inbound Recyclable Material Control. Minimize the chance
of accepting non-recyclables (e.g., hazardous materials) which could be
a significant source of pollutants by conducting inspections of inbound
materials. BMP options: (a) information/education measures to inform
suppliers of recyclables which materials are acceptable and which are
not; (b) training drivers responsible for pickup of recycled material;
(c) clearly marking public drop-off containers regarding which
materials can be accepted; (d) reject non-recyclable wastes or
household hazardous wastes at the source; (e) procedures for handling
and disposal of non-recyclable material.
6.N.4.4.2 Outdoor Storage. Minimize exposure of recyclables to
precipitation and runoff. Use good housekeeping measures to prevent
accumulation of particulate matter and fluids, particularly in high
traffic areas. Other BMP options: (a) provide totally-enclosed drop-off
containers for the public; (b) install a sump/pump with each container
pit and treat or discharge collected fluids to a sanitary sewer system;
(c) provide dikes and curbs for secondary containment (e.g., around
bales of recyclable waste paper); (d) divert surface water runoff away
from outside material storage areas; (e) provide covers over
containment bins, dumpsters, roll-off boxes; (f) store the equivalent
one days's volume of recyclable material indoors.
6.N.4.4.3 Indoor Storage and Material Processing. Minimize the
release of pollutants from indoor storage and processing areas. BMP
options: (a) schedule routine good housekeeping measures for all
storage and processing areas; (b) prohibit tipping floor washwater from
draining to the storm sewer system; (c) provide employee training on
pollution prevention practices.
6.N.4.4.4 Vehicle and Equipment Maintenance. BMP options for those
areas where vehicle and equipment maintenance are occurring outdoors:
(a) prohibit vehicle and equipment washwater from discharging to the
storm sewer system; (b) minimize or eliminate outdoor maintenance areas
whenever possible; (c) establish spill prevention and clean-up
procedures in fueling areas; (d) avoid topping off fuel tanks; (e)
divert runoff from fueling areas; (f) store lubricants and hydraulic
fluids indoors; (g) provide employee training on proper handling,
storage of hydraulic fluids and lubricants.
6.N.5 Monitoring and Reporting Requirements. (See also Part 5)
[[Page 64839]]
Table N-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric limitation
than one sector/subsector) cutoff concentration\1\
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Scrap Recycling Facility (SIC 5093). Chemical Oxygen Demand 120 mg/L.
(COD). 100 mg/L................
Total Suspended Solids 0.75 mg/L...............
(TSS). 0.0636 mg/L.............
Total Recoverable 1.0 mg/L................
Aluminum. 0.0816 mg/L.............
Total Recoverable 0.117 mg/L. ............
Copper.
Total Recoverable Iron.
Total Recoverable Lead.
Total Recoverable Zinc.
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.
6.O Sector O--Steam Electric Generating Facilities
6.O.1 Covered Storm Water Discharges
The requirements in Part 6.O apply to storm water discharges
associated with industrial activity from Steam Electric Power
Generating Facilities as identified by the Activity Code specified
under Sector O in Table 1-1 of Part 1.2.1.
6.O.2 Industrial Activities Covered by Sector O
This permit authorizes storm water discharges from the following
industrial activities at Sector O facilities:
6.O.2.1 Steam electric power generation using coal, natural gas,
oil, nuclear energy, etc. to produce a steam source, including coal
handling areas;
6.O.2.2 Coal pile runoff, including effluent limitations
established by 40 CFR Part 423;
6.O.2.3 Dual fuel co-generation facilities.
6.O.3 Limitations on Coverage
6.O.3.1 Prohibition of Non-Storm Water Discharges. Not covered by
this permit: non-storm water discharges subject to effluent limitations
guidelines.
6.O.3.2 Prohibition of Storm Water Discharges. Not covered by this
permit: storm water discharges from ancillary facilities (e.g., fleet
centers, gas turbine stations and substations) that are not contiguous
to a stream electric power generating facility; and heat capture co-
generation facilities.
6.O.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.O.4.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify
the locations of any of the following activities or sources which may
be exposed to precipitation / surface runoff: storage tanks, scrap
yards, general refuse areas; short and long term storage of general
materials (including but not limited to: supplies, construction
materials, paint equipment, oils, fuels, used and unused solvents,
cleaning materials, paint, water treatment chemicals, fertilizer and
pesticides); landfills, construction sites; stock piles areas (e.g.,
coal or limestone piles).
6.O.4.2 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
6.O.4.2.1 Fugitive Dust Emissions. Describe and implement measures
that prevent or minimize fugitive dust emissions from coal handling
areas. Consider such procedures to minimize the tracking of coal dust
offsite as installing specially designed tires, or washing vehicles in
a designated area before they leave the site and controlling the wash
water.
6.O.4.2.2 Delivery Vehicles. Describe and implement measures that
prevent or minimize contamination of storm water runoff from delivery
vehicles arriving at the plant site. Consider the following: procedures
to inspect delivery vehicles arriving at the plant site and ensure
overall integrity of the body or container; and procedures to deal with
leakage / spillage from vehicles or containers.
6.O.4.2.3 Fuel Oil Unloading Areas. Describe and implement
measures that prevent or minimize contamination of precipitation /
surface runoff from fuel oil unloading areas. Consider, at a minimum
(or their equivalents): using containment curbs in unloading areas;
having personnel familiar with spill prevention and response procedures
present during deliveries to ensure that any leaks / spills are
immediately contained and cleaned up; using spill and overflow
protection (e.g., drip pans, drip diapers or other containment devices
placed beneath fuel oil connectors to contain potential spillage during
deliveries or from leaks at the connectors).
6.O.4.2.4 Chemical Loading / Unloading. Describe and implement
measures that prevent or minimize contamination of precipitation /
surface runoff from chemical loading / unloading areas. Consider, at a
minimum (or their equivalents): using containment curbs at chemical
loading / unloading areas to contain spill; having personnel familiar
with spill prevention and response procedures present during deliveries
to ensure that any leaks / spills are immediately contained and cleaned
up; and load / unload in covered areas and store chemicals indoors.
6.O.4.2.5 Miscellaneous Loading / Unloading Areas. Describe and
implement measures that prevent or minimize contamination of
precipitation / surface runoff from loading / unloading areas.
Consider, at a minimum (or their equivalents): covering the loading
area; grading, berming, or curbing around the loading area to divert
run-on; or locating the loading / unloading equipment and vehicles so
leaks are contained in existing containment and flow diversion systems.
6.O.4.2.6 Liquid Storage Tanks. Describe and implement measures
that prevent or minimize contamination of surface runoff from above
ground liquid storage tanks. Consider using, at a minimum (or their
equivalents): protective guards around tank; containment curbs; spill
and overflow protection; and dry cleanup methods.
6.O.4.2.7 Large Bulk Fuel Storage Tanks. Describe and implement
measures that prevent or minimize contamination of surface runoff from
large bulk fuel storage tanks. Consider,
[[Page 64840]]
at a minimum, using containment berms (or its equivalent). You must
also comply with applicable State and Federal laws, including Spill
Prevention Control and Countermeasures (SPCC).
6.O.4.2.8 Spill Reduction Measures. Describe and implement
measures to reduce the potential for an oil / chemical spill or
reference the appropriate Part of your SPCC plan. At a minimum,
visually inspect on a weekly basis, the structural integrity of all
above ground tanks, pipelines, pumps and other related equipment, and
effect any necessary repairs immediately.
6.O.4.2.9 Oil Bearing Equipment in Switchyards. Describe and
implement measures that prevent or minimize contamination of surface
runoff from oil bearing equipment in switchyard areas. Consider using
level grades and gravel surfaces to retard flows and limit the spread
of spills or collecting runoff in perimeter ditches.
6.O.4.2.10 Residue Hauling Vehicles. Inspect all residue hauling
vehicles for proper covering over the load, adequate gate sealing and
overall integrity of the container body. Repair as soon as practicable,
vehicles without load covering or adequate gate sealing, or with
leaking containers or beds.
6.O.4.2.11 Ash Loading Areas. Describe and implement procedures to
reduce or control the tracking of ash/residue from ash loading areas.
Where practicable, clear the ash building floor and immediately
adjacent roadways of spillage, debris and excess water before departure
of each loaded vehicle.
6.O.4.2.12 Areas Adjacent to Disposal Ponds or Landfills. Describe
and implement measures that prevent or minimize contamination of
surface runoff from areas adjacent to disposal ponds or landfills.
Develop procedures to reduce ash residue that may be tracked on to
access roads traveled by residue handling vehicles, and reduce ash
residue on exit roads leading into and out of residue handling areas.
6.O.4.2.13 Landfills, Scrap Yards, Surface Impoundments, Open
Dumps, General Refuse Sites.
Address these areas in your SWPPP and include appropriate BMPs as
referred to in Part 4.
6.O.4.2.14 Vehicle Maintenance Activities. For vehicle maintenance
activities performed on the plant site, use the applicable BMPs
outlined in Part 6.P.
6.O.4.2.15 Material Storage Areas. Describe and implement measures
that prevent or minimize contamination of storm water runoff from
material storage areas (including areas used for temporary storage of
miscellaneous products and construction materials stored in lay-down
areas). Consider using (or their equivalents): Flat yard grades;
collecting runoff in graded swales or ditches; erosion protection
measures at steep outfall sites (e.g., concrete chutes, riprap,
stilling basins); covering lay-down areas; storing materials indoors;
and covering materials temporarily with polyethylene, polyurethane,
polypropylene or hypalon. Storm water run-on may be minimized by
constructing an enclosure or building a berm around the area.
6.O.4.3 Comprehensive Site Compliance Evaluation. (See also Part
4.9.3) As part of your evaluation, inspect the following areas on a
monthly basis: Coal handling areas, loading/unloading areas,
switchyards, fueling areas, bulk storage areas, ash handling areas,
areas adjacent to disposal ponds and landfills, maintenance areas,
liquid storage tanks, and long term and short term material storage
areas.
6.O.5 Monitoring and Reporting Requirements. (See also Part 5)
Table O-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric Limitation \2\
than one sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Steam Electric Generating Facilities Total Recoverable Iron. 1.0 mg/L ...............
(Industrial Activity Code ``SE'').
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.
\2\ Note that the numeric effluent limitation guidelines for coal pile runoff at steam electric generating
facilities have been adopted as a standard numeric limits for all coal pile runoff. See Part 5.1.3.
6.P Sector P--Land Transportation and Warehousing
6.P.1 Covered Storm Water Discharges
The requirements in Part 6.P apply to storm water discharges
associated with industrial activity from Land Transportation and
Warehousing facilities as identified by the Activity Code specified
under Sector P in Table 1-1 of Part 1.2.1.
6.P.2 Industrial Activities Covered by Sector P
The types of activities that permittees under Sector P are
primarily engaged in are:
6.P.2.1 vehicle and equipment maintenance (vehicle and equipment
rehabilitation, mechanical repairs, painting, fueling and lubrication);
6.P.2.2 equipment cleaning.
6.P.3 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.P.3.1 Drainage Site Map. (See also Part 4.2.2.3) Identify the
locations of any of the following activities or sources: Fueling
stations; vehicle/equipment maintenance or cleaning areas; storage
areas for vehicle/equipment with actual or potential fluid leaks;
loading/unloading areas; areas where treatment, storage or disposal of
wastes occur; liquid storage tanks; processing areas; storage areas;
and all monitoring areas.
6.P.3.2 Potential Pollutant Sources. (See also Part 4.2.4)
Describe and assess the potential for the following to contribute
pollutants to storm water discharges: Onsite waste storage or disposal;
dirt/gravel parking areas for vehicles awaiting maintenance; and
fueling areas.
6.P.3.3 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
6.P.3.3.1 Vehicle and Equipment Storage Areas. Confine the storage
of leaky or leak-prone vehicles/equipment awaiting maintenance to
designated areas. Consider the following (or other equivalent
measures): The use of drip pans under vehicles/equipment, indoor
storage of vehicles and equipment, installation of berms or dikes, use
of absorbents, roofing or covering storage areas, and cleaning pavement
surfaces to remove oil and grease.
6.P.3.3.2 Fueling Areas. Implement and describe measures that
prevent or
[[Page 64841]]
minimize contamination of storm water runoff from fueling areas.
Consider the following (or other equivalent measures): Covering the
fueling area; using spill/overflow protection and cleanup equipment;
minimizing storm water runon/runoff to the fueling area; using dry
cleanup methods; and treating and/or recycling collected storm water
runoff.
6.P.3.3.3 Material Storage Areas. Maintain all material storage
vessels (e.g., for used oil/oil filters, spent solvents, paint wastes,
hydraulic fluids) to prevent contamination of storm water and plainly
label them (e.g., ``Used Oil,'' ``Spent Solvents,'' etc.). Consider the
following (or other equivalent measures): storing the materials
indoors; installing berms/dikes around the areas; minimizing runoff of
storm water to the areas; using dry cleanup methods; and treating and/
or recycling collected storm water runoff.
6.P.3.3.4 Vehicle and Equipment Cleaning Areas. Implement and
describe measures that prevent or minimize contamination of storm water
runoff from all areas used for vehicle/equipment cleaning. Consider the
following (or other equivalent measures): performing all cleaning
operations indoors; covering the cleaning operation, ensuring that all
washwater drains to a proper collection system (i.e., not the storm
water drainage system unless NPDES permitted); treating and/or
recycling collected storm water runoff, or other equivalent measures.
Note: the discharge of vehicle/equipment washwater, including tank
cleaning operations, are not authorized by this permit and must be
covered under a separate NPDES permit or discharged to a sanitary sewer
in accordance with applicable industrial pretreatment requirements.
6.P.3.3.5 Vehicle and Equipment Maintenance Areas. Implement and
describe measures that prevent or minimize contamination of storm water
runoff from all areas used for vehicle/equipment maintenance. Consider
the following (or other equivalent measures): performing maintenance
activities indoors; using drip pans; keeping an organized inventory of
materials used in the shop; draining all parts of fluid prior to
disposal; prohibiting wet clean up practices if these practices would
result in the discharge of pollutants to storm water drainage systems;
using dry cleanup methods; treating and/or recycling collected storm
water runoff, minimizing run on/runoff of storm water to maintenance
areas.
6.P.3.3.6 Locomotive Sanding (Loading Sand for Traction) Areas.
Consider the following (or other equivalent measures): covering sanding
areas; minimizing storm water run on/runoff; or appropriate sediment
removal practices to minimize the offsite transport of sanding material
by storm water.
6.P.3.4 Inspections. (See also Part 4.2.7.2.1.5) Inspect all the
following areas/activities: storage areas for vehicles/equipment
awaiting maintenance, fueling areas, indoor and outdoor vehicle/
equipment maintenance areas, material storage areas, vehicle/equipment
cleaning areas and loading/unloading areas.
6.P.3.5 Employee Training. (See also Part 4.2.7.2.1.6) Train
personnel at least once a year and address the following, as
applicable: used oil and spent solvent management; fueling procedures;
general good housekeeping practices; proper painting procedures; and
used battery management.
6.P.3.6 Vehicle and Equipment Washwater Requirements. (See also
Part 4.4) Attach to or reference in your SWPPP, a copy of the NPDES
permit issued for vehicle/equipment washwater or, if an NPDES permit
has not been issued, a copy of the pending application. If an
industrial user permit is issued under a pretreatment program, attach a
copy to your SWPPP. In any case, address all non-storm water permit
conditions or pretreatment conditions in your SWPPP. If washwater is
handled in another manner (e.g., hauled offsite), describe the disposal
method and attach all pertinent documentation/information (e.g.,
frequency, volume, destination, etc.) in the plan.
6.Q Sector Q--Water Transportation
6.Q.1 Covered Storm Water Discharges
The requirements in Part 6.Q apply to storm water discharges
associated with industrial activity from Water Transportation
facilities as identified by the Activity Code specified under Sector Q
in Table 1-1 of Part 1.2.1.
6.Q.2 Industrial Activities Covered by Sector Q
The requirements listed under this Part apply to storm water
discharges associated with the following activities:
6.Q.2.1 Water transportation facilities classified in SIC Code
major group 44 that have vehicle (vessel) maintenance shops and/or
equipment cleaning operations including:
6.Q.2.1.1 Water transportation industry includes facilities
engaged in foreign or domestic transport of freight or passengers in
deep sea or inland waters;
6.Q.2.1.2 Marine cargo handling operations;
6.Q.2.1.3 Ferry operations;
6.Q.2.1.4 Towing and tugboat services;
6.Q.2.1.5 Marinas.
6.Q.3 Limitations on Coverage
6.Q.3.1 Prohibition of Non-Storm Water Discharges. (See also Part
1.2.3.1) Not covered by this permit: bilge and ballast water, sanitary
wastes, pressure wash water and cooling water originating from vessels.
6.Q.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.Q.4.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify
where any of the following may be exposed to precipitation/surface
runoff: fueling; engine maintenance/repair; vessel maintenance/repair;
pressure washing; painting; sanding; blasting; welding; metal
fabrication; loading/unloading areas; locations used for the treatment,
storage or disposal of wastes; liquid storage tanks; liquid storage
areas (e.g., paint, solvents, resins); and material storage areas
(e.g., blasting media, aluminum, steel, scrap iron).
6.Q.4.2 Summary of Potential Pollutant Sources. (See also Part
4.2.4) Describe the following additional sources and activities that
have potential pollutants associated with them: outdoor manufacturing
or processing activities (i.e., welding, metal fabricating); and
significant dust or particulate generating processes (e.g., abrasive
blasting, sanding, painting).
6.Q.4.3 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
6.Q.4.3.1 Pressure Washing Area. If pressure washing is used to
remove marine growth from vessels, the discharge water must be
permitted by a separate NPDES permit. Describe in the SWPPP: the
measures to collect or contain the discharges from the pressures
washing area; the method for the removal of the visible solids; the
methods of disposal of the collected solids; and where the discharge
will be released.
6.Q.4.3.2 Blasting and Painting Area. Implement and describe
measures to prevent spent abrasives, paint chips and over spray from
discharging into the receiving water or the storm sewer systems.
Consider containing all blasting/painting activities or use other
measures to prevent or minimize the discharge the contaminants (e.g.,
[[Page 64842]]
hanging plastic barriers or tarpaulins during blasting or painting
operations to contain debris). Where necessary, regularly clean storm
water conveyances of deposits of abrasive blasting debris and paint
chips. Detail in the SWPPP any standard operating practices relating to
blasting/painting (e.g., prohibiting uncontained blasting/painting over
open water, or prohibiting blasting/painting during windy conditions
which can render containment ineffective).
6.Q.4.3.3 Material Storage Areas. Store and plainly label all
containerized materials (e.g., fuels, paints, solvents, waste oil,
antifreeze, batteries) in a protected, secure location away from
drains. Implement and describe measures to prevent or minimize the
contamination of precipitation/surface runoff from the storage areas.
Specify which materials are stored indoors and consider containment or
enclosure for those stored outdoors. If abrasive blasting is performed,
discus the storage and disposal of spent abrasive materials generated
at the facility. Consider implementing an inventory control plan to
limit the presence of potentially hazardous materials onsite.
6.Q.4.3.4 Engine Maintenance and Repair Areas. Implement and
describe measures to prevent or minimize the contamination of
precipitation/surface runoff from all areas used for engine maintenance
and repair. Consider the following (or their equivalents): performing
all maintenance activities indoors; maintaining an organized inventory
of materials used in the shop; draining all parts of fluid prior to
disposal; prohibiting the practice of hosing down the shop floor; using
dry cleanup methods; and treating and/or recycling storm water runoff
collected from the maintenance area.
6.Q.4.3.5 Material Handling Area. Implement and describe measures
to prevent or minimize the contamination of precipitation/surface
runoff from material handling operations and areas (e.g., fueling,
paint and solvent mixing, disposal of process wastewater streams from
vessels). Consider the following (or their equivalents): covering
fueling areas; using spill/overflow protection; mixing paints and
solvents in a designated area (preferably indoors or under a shed); and
minimize runoff of storm water to material handling areas.
6.Q.4.3.6 Drydock Activities. Describe your procedures for
routinely maintaining/cleaning the drydock to prevent or minimize
pollutants in storm water runoff. Address the cleaning of accessible
areas of the drydock prior to flooding, and final cleanup following
removal of the vessel and raising the dock. Include procedures for
cleaning up oil, grease or fuel spills occurring on the drydock.
Consider the following (or their equivalents): sweeping rather than
hosing off debris/spent blasting material from accessible areas of the
drydock prior to flooding, and having absorbent materials and oil
containment booms readily available to contain/cleanup any spills.
6.Q.4.3.7 General Yard Area. Implement and describe a schedule for
routine yard maintenance and cleanup. Regularly remove from the general
yard area: scrap metal, wood, plastic, miscellaneous trash, paper,
glass, industrial scrap, insulation, welding rods, packaging, etc.
6.Q.4.4 Preventative Maintenance. (See also Part 4.2.7.2.1.4) As
part of your preventive maintenance program, perform timely inspection
and maintenance of storm water management devices (e.g., cleaning oil/
water separators and sediment traps to ensure that spent abrasives,
paint chips and solids will be intercepted and retained prior to
entering the storm drainage system) as well as inspecting and testing
facility equipment and systems to uncover conditions that could cause
breakdowns or failures resulting in discharges of pollutants to surface
waters.
6.Q.4.5 Inspections. (See also Part 4.2.7.2.1.5) Include the
following areas in all monthly inspections: pressure washing area;
blasting, sanding and painting areas; material storage areas; engine
maintenance/repair areas; material handling areas; drydock area; and
general yard area.
6.Q.4.6 Employee Training. (See also Part 4.2.7.2.1.6) As part of
your employee training program, address, at a minimum, the following
activities (as applicable): used oil management; spent solvent
management; disposal of spent abrasives; disposal of vessel
wastewaters; spill prevention and control; fueling procedures; general
good housekeeping practices; painting and blasting procedures; and used
battery management.
6.Q.4.7 Comprehensive Site Compliance Evaluation. (See also Part
4.9) Conduct regularly scheduled evaluations at least once a year and
address those areas contributing to a storm water discharge associated
with industrial activity (e.g., pressure washing area, blasting/sanding
areas, painting areas, material storage areas, engine maintenance/
repair areas, material handling areas, and drydock area). Inspect these
sources for evidence of, or the potential for, pollutants entering the
drainage system.
6.Q.5 Monitoring and Reporting Requirements. (See also Part 5)
Table Q-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric limitation
than one sector/subsector) cutoff concentration \1\
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Water Transportation Facilities (SIC Total Recoverable 0.75 mg/L............... .......................
4412-4499). Aluminum.. 1.0 mg/L................
Total Recoverable Iron. 0.0816 mg/L.............
Total Recoverable Lead. 0.117 mg/L..............
Total Recoverable Zinc.
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.
[[Page 64843]]
6.R Sector R--Ship and Boat Building or Repair Yards
6.R.1 Covered Storm Water Discharges
The requirements in Part 6.R apply to storm water discharges
associated with industrial activity from Ship and Boat Building or
Repair Yards as identified by the Activity Codes specified under Sector
R in Table 1-1 of Part 1.2.1.
6.R.2 Industrial Activities Covered by Sector R
The types of activities that permittees under Sector R are
primarily engaged in are:
6.R.2.1 Ship building and repairing and boat building and
repairing \3\
---------------------------------------------------------------------------
\3\ According to the U.S. Coast Guard, a vessel 65 feet or
greater in length is referred to as a ship, and a vessel smaller
than 65 feet is a boat.
---------------------------------------------------------------------------
6.R.3 Limitations on Coverage
6.R.3.1 Prohibition of Non-Storm Water Discharges. (See also Part
1.2.3.1) Not covered by this permit: discharges containing bilge and
ballast water, sanitary wastes, pressure wash water and cooling water
originating from vessels.
6.R.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.R.4.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify
where any of the following may be exposed to precipitation/surface
runoff: fueling; engine maintenance/repair; vessel maintenance/repair;
pressure washing; painting; sanding; blasting; welding; metal
fabrication; loading/unloading areas; locations used for the treatment,
storage or disposal of wastes; liquid storage tanks; liquid storage
areas (e.g., paint, solvents, resins); and material storage areas
(e.g., blasting media, aluminum, steel, scrap iron).
6.R.4.2 Potential Pollutant Sources. (See also Part 4.2.4)
Describe the following additional sources and activities that have
potential pollutants associated with them (if applicable): outdoor
manufacturing/processing activities (e.g., welding, metal fabricating);
and significant dust/particulate generating processes (e.g., abrasive
blasting, sanding, painting).
6.R.4.3 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
6.R.4.3.1 Pressure Washing Area. If pressure washing is used to
remove marine growth from vessels, the discharge water must be
permitted as a process wastewater by a separate NPDES permit.
6.R.4.3.2 Blasting and Painting Area. Implement and describe
measures to prevent spent abrasives, paint chips and over spray from
discharging into the receiving water or the storm sewer systems.
Consider containing all blasting/painting activities or use other
measures to prevent the discharge of the contaminants (e.g., hanging
plastic barriers or tarpaulins during blasting or painting operations
to contain debris). Where necessary, regularly clean storm water
conveyances of deposits of abrasive blasting debris and paint chips.
Detail in the SWPPP any standard operating practices relating to
blasting/painting (e.g., prohibiting uncontained blasting/painting over
open water, or prohibiting blasting/painting during windy conditions
which can render containment ineffective).
6.R.4.3.3 Material Storage Areas. Store and plainly label all
containerized materials (e.g., fuels, paints, solvents, waste oil,
antifreeze, batteries) in a protected, secure location away from
drains. Implement and describe measures to prevent or minimize the
contamination of precipitation/surface runoff from the storage areas.
Specify which materials are stored indoors and consider containment or
enclosure for those stored outdoors. If abrasive blasting is performed,
discuss the storage and disposal of spent abrasive materials generated
at the facility. Consider implementing an inventory control plan to
limit the presence of potentially hazardous materials onsite.
6.R.4.3.4 Engine Maintenance and Repair Areas. Implement and
describe measures to prevent or minimize the contamination of
precipitation/surface runoff from all areas used for engine maintenance
and repair. Consider the following (or their equivalents): performing
all maintenance activities indoors; maintaining an organized inventory
of materials used in the shop; draining all parts of fluid prior to
disposal; prohibiting the practice of hosing down the shop floor; using
dry cleanup methods; and treating and/or recycling storm water runoff
collected from the maintenance area.
6.R.4.3.5 Material Handling Area. Implement and describe measures
to prevent or minimize the contamination of precipitation/surface
runoff from material handling operations and areas (e.g., fueling,
paint and solvent mixing, disposal of process wastewater streams from
vessels). Consider the following (or their equivalents): covering
fueling areas; using spill/overflow protection; mixing paints and
solvents in a designated area (preferably indoors or under a shed); and
minimize runon of storm water to material handling areas.
6.R.4.3.6 Drydock Activities. Describe your procedures for
routinely maintaining/cleaning the drydock to prevent or minimize
pollutants in storm water runoff. Address the cleaning of accessible
areas of the drydock prior to flooding, and final cleanup following
removal of the vessel and raising the dock. Include procedures for
cleaning up oil, grease or fuel spills occurring on the drydock.
Consider the following (or their equivalents): sweeping rather than
hosing off debris/spent blasting material from accessible areas of the
drydock prior to flooding, and having absorbent materials and oil
containment booms readily available to contain/cleanup any spills.
6.R.4.3.7 General Yard Area. Implement and describe a schedule for
routine yard maintenance and cleanup. Regularly remove from the general
yard area: scrap metal, wood, plastic, miscellaneous trash, paper,
glass, industrial scrap, insulation, welding rods, packaging, etc.
6.R.4.4 Preventative Maintenance. (See also Part 4.2.7.2.1.4) As
part of your preventive maintenance program, perform timely inspection
and maintenance of storm water management devices (e.g., cleaning oil/
water separators and sediment traps to ensure that spent abrasives,
paint chips and solids will be intercepted and retained prior to
entering the storm drainage system) as well as inspecting and testing
facility equipment and systems to uncover conditions that could cause
breakdowns or failures resulting in discharges of pollutants to surface
waters.
6.R.4.5 Inspections. (See also Part 4.2.7.2.1.5) Include the
following areas in all monthly inspections: pressure washing area;
blasting, sanding and painting areas; material storage areas; engine
maintenance/repair areas; material handling areas; drydock area; and
general yard area.
6.R.4.6 Employee Training. (See also Part 4.2.7.2.1.6) As part of
your employee training program, address, at a minimum, the following
activities (as applicable): used oil management; spent solvent
management; disposal of spent abrasives; disposal of vessel
wastewaters; spill prevention and control; fueling procedures; general
good housekeeping practices; painting and blasting procedures; and used
battery management.
6.R.4.7 Comprehensive Site Compliance Evaluation. (See also Part
4.9) Conduct regularly scheduled evaluations at least once a year and
address those areas contributing to a storm water discharge associated
with industrial activity (e.g., pressure
[[Page 64844]]
washing area, blasting/sanding areas, painting areas, material storage
areas, engine maintenance/repair areas, material handling areas, and
drydock area). They must be visually inspected for evidence of, or the
potential for, pollutants entering the drainage system.
6.S Sector S--Air Transportation
6.S.1 Covered Storm Water Discharges
The requirements in Part 6.S apply to storm water discharges
associated with industrial activity from Air Transportation facilities
as identified by the SIC Codes specified under Sector S in Table 1-1 of
Part 1.2.1.
6.S.2 Industrial Activities Covered by Sector S
The types of activities that permittees under Sector S are
primarily engaged in are:
6.S.2.1 Air transportation, scheduled, and air courier;
6.S.2.2 Air transportation, non scheduled;
6.S.2.3 Airports; flying fields, except those maintained by
aviation clubs; and airport terminal services including: air traffic
control, except government; aircraft storage at airports; aircraft
upholstery repair; airfreight handling at airports; airport hangar
rental; airport leasing, if operating airport; airport terminal
services; and hangar operations.
6.S.2.4 Airport and aircraft service and maintenance including:
aircraft cleaning and janitorial service; aircraft servicing/repairing,
except on a factory basis; vehicle maintenance shops; material handling
facilities; equipment clearing operations; and airport and aircraft
deicing/anti-icing.
Note: ``deicing'' will generally be used to imply both deicing
(removing frost, snow or ice) and anti-icing (preventing
accumulation of frost, snow or ice) activities, unless specific
mention is made regarding anti-icing and/or deicing activities.
6.S.3 Limitations on Coverage
Only those portions of the facility that are involved in vehicle
maintenance (including vehicle rehabilitation, mechanical repairs,
painting, fueling and lubrication), equipment cleaning operations or
deicing operations are addressed in Part 6.S.
6.S.3.1 Prohibition of Non-Storm Water Discharges. (See also Part
1.2.3.1) Not covered by this permit: aircraft, ground vehicle, runway
and equipment washwaters; and dry weather discharges of deicing
chemicals. These discharges must be covered by a separate NPDES permit.
6.S.4 Special Conditions
6.S.4.1 Hazardous Substances or Oil. (See also Part 3.1) Each
individual permittee is required to report spills equal to or exceeding
the reportable quantity (RQ) levels specified at 40 CFR 110, 117 and
302 as described at Part 3.2. If an airport authority is the sole
permittee, then the sum total of all spills at the airport must be
assessed against the RQ. If the airport authority is a co-permittee
with other deicing operators at the airport, such as numerous different
airlines, the assessed amount must be the summation of spills by each
co-permittee. If separate, distinct individual permittees exist at the
airport, then the amount spilled by each separate permittee must be the
assessed amount for the RQ determination.
6.S.5 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4 of the MSGP.
(See also Part 4.1) If an airport's tenant has a SWPPP for
discharges from their own areas of the airport, that SWPPP must be
integrated with the plan for the entire airport. Tenants of the airport
facility include air passenger or cargo companies, fixed based
operators and other parties who have contracts with the airport
authority to conduct business operations on airport property and whose
operations result in storm water discharges associated with industrial
activity.
6.S.5.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify
where any of the following may be exposed to precipitation/surface
runoff: aircraft and runway deicing operations; fueling stations;
aircraft, ground vehicle and equipment maintenance/cleaning areas;
storage areas for aircraft, ground vehicles and equipment awaiting
maintenance.
6.S.5.2 Potential Pollutant Sources. (See also Part 4.2.4) Include
in your inventory of exposed materials a description of the potential
pollutant sources from the following activities: aircraft, runway,
ground vehicle and equipment maintenance and cleaning; aircraft and
runway deicing operations (including apron and centralized aircraft
deicing stations, runways, taxiways and ramps). If you use deicing
chemicals, you must maintain a record of the types (including the
Material Safety Data Sheets [MSDS]) used and the monthly quantities,
either as measured or, in the absence of metering, as estimated to the
best of your knowledge. This includes all deicing chemicals, not just
glycols and urea (e.g., potassium acetate), because large quantities of
these other chemicals can still have an adverse impact on receiving
waters. Tenants or other fixed-based operations that conduct deicing
operations must provide the above information to the airport authority
for inclusion in any comprehensive airport SWPPPs.
6.S.5.3 Good Housekeeping Measures. (See also 4.2.7)
6.S.5.3.1 Aircraft, Ground Vehicle and Equipment Maintenance
Areas. Describe and implement measures that prevent or minimize the
contamination of storm water runoff from all areas used for aircraft,
ground vehicle and equipment maintenance (including the maintenance
conducted on the terminal apron and in dedicated hangers). Consider the
following practices (or their equivalents): performing maintenance
activities indoors; maintaining an organized inventory of material used
in the maintenance areas; draining all parts of fluids prior to
disposal; preventing the practice of hosing down the apron or hanger
floor; using dry cleanup methods; and collecting the storm water runoff
from the maintenance area and providing treatment or recycling.
6.S.5.3.2 Aircraft, Ground Vehicle and Equipment Cleaning Areas.
Clean equipment only in the areas identified in the SWPPP and site map
and clearly demarcate these areas on the ground. Describe and implement
measures that prevent or minimize the contamination of storm water
runoff from cleaning areas.
6.S.5.3.3 Aircraft, Ground Vehicle and Equipment Storage Areas.
Store all aircraft, ground vehicles and equipment awaiting maintenance
in designated areas only. Consider the following BMPs (or their
equivalents): storing aircraft and ground vehicles indoors; using drip
pans for the collection of fluid leaks; and perimeter drains, dikes or
berms surrounding the storage areas.
6.S.5.3.4 Material Storage Areas. Maintain the vessels of stored
materials (e.g., used oils, hydraulic fluids, spent solvents, and waste
aircraft fuel) in good condition, to prevent or minimize contamination
of storm water. Also plainly label the vessels (e.g., ``used oil,''
``Contaminated Jet A,'' etc.). Describe and implement measures that
prevent or minimize contamination of precipitation/runoff from these
areas. Consider the following BMPs (or their equivalents): storing
materials indoors; storing waste materials in a centralized location;
and installing berms/dikes around storage areas.
6.S.5.3.5 Airport Fuel System and Fueling Areas. Describe and
implement
[[Page 64845]]
measures that prevent or minimize the discharge of fuel to the storm
sewer/surface waters resulting from fuel servicing activities or other
operations conducted in support of the airport fuel system. Consider
the following BMPs (or their equivalents): implementing spill and
overflow practices (e.g., placing absorptive materials beneath aircraft
during fueling operations); using dry cleanup methods; and collecting
storm water runoff.
6.S.5.3.6 Source Reduction. Consider alternatives to the use of
urea and glycol-based deicing chemicals to reduce the aggregate amount
of deicing chemicals used and/or lessen the environmental impact.
Chemical options to replace ethylene glycol, propylene glycol and urea
include: potassium acetate; magnesium acetate; calcium acetate;
anhydrous sodium acetate.
6.S.5.3.6.1 Runway Deicing Operation: Evaluate, at a minimum,
whether over-application of deicing chemicals occurs by analyzing
application rates and adjusting as necessary, consistent with
considerations of flight safety. Also consider these BMP options (or
their equivalents): metered application of chemicals; pre-wetting dry
chemical constituents prior to application; installing a runway ice
detection system; implementing anti-icing operations as a preventive
measure against ice buildup.
6.S.5.3.6.2 Aircraft Deicing Operations: As in Part 6.S.5.3.6.1,
determine whether excessive application of deicing chemicals occurs and
adjust as necessary, consistent with considerations of flight safety.
EPA intends for this evaluation to be carried out by the personnel most
familiar with the particular aircraft and flight operations in question
(vice an outside entity such as the airport authority). Consider using
alternative deicing/anti-icing agents as well as containment measures
for all applied chemicals. Also consider these BMP options (or their
equivalents) for reducing deicing fluid use: forced-air deicing
systems, computer-controlled fixed-gantry systems, infrared technology,
hot water, varying glycol content to air temperature, enclosed-basket
deicing trucks, mechanical methods, solar radiation, hangar storage,
aircraft covers, thermal blankets for MD-80s and DC-9s. Also consider
using ice-detection systems and airport traffic flow strategies and
departure slot allocation systems.
6.S.5.3.7 Management of Runoff. Where deicing operations occur,
describe and implement a program to control or manage contaminated
runoff to reduce the amount of pollutants being discharged from the
site. Consider these BMP options (or their equivalents): a dedicated
deicing facility with a runoff collection/recovery system; using
vacuum/collection trucks; storing contaminated storm water/deicing
fluids in tanks and releasing controlled amounts to a publicly owned
treatment works; collecting contaminated runoff in a wet pond for
biochemical decomposition (be aware of attracting wildlife that may
prove hazardous to flight operations); and directing runoff into
vegetative swales or other infiltration measures. Also consider
recovering deicing materials when these materials are applied during
non-precipitation events (e.g., covering storm sewer inlets, using
booms, installing absorptive interceptors in the drains, etc.) to
prevent these materials from later becoming a source of storm water
contamination. Used deicing fluid should be recycled whenever possible.
6.S.5.4 Inspections. (See also Part 4.2.7.2.1.5) Specify the
frequency of inspections in your SWPPP. At a minimum they must be
conducted monthly during the deicing season (e.g., October through
April for most mid-latitude airports). If your facility needs to deice
before or after this period, expand the monthly inspections to include
all months during which deicing chemicals may be used. Also, if
significantly or deleteriously large quantities of deicing chemicals
are being spilled or discharged, or if water quality impacts have been
reported, increase the frequency of your inspections to weekly until
such time as the chemical spills/discharges or impacts are reduced to
acceptable levels. The Director may specifically require you to
increase inspections and SWPPP reevaluations as necessary.
6.S.5.5 Comprehensive Site Compliance Evaluation. (See also 4.9)
(See also Part 4.9)
Using only qualified personnel, conduct your annual site compliance
evaluations during periods of actual deicing operations, if possible.
If not practicable during active deicing or the weather is too
inclement, conduct the evaluations when deicing operations are likely
to occur and the materials and equipment for deicing are in place.
6.S.6 Monitoring and Reporting Requirements. (See also Part 5)
Table S-1.--Sector-Specific Numberic Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric limitation
than one sector/subsector) cutoff concentration\1\
----------------------------------------------------------------------------------------------------------------
Sector of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Facilities at airports that use more Biochemical Oxygen 30 mg/L................. 120.0mg/L.
than 100,000 gallons of glycol- Demand (BOD5). Chemical Oxygen Demand Ammonia
based deicing/anti-icing chemicals COD). 19 mg/L.
and/or 100 tons or more of urea on pH 6/0 to 9 s.u
an average annual basis: monitor
ONLY those outfalls from the
airport facility that collect
runoff from areas where deicing/
anti-icing activities occur (SIC
45XX).
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 monitoring years.
6.T Sector T--Treatment Works
6.T.1 Covered Storm Water Discharges
The requirements in Part 6.T apply to storm water discharges
associated with industrial activity from Treatment Works as identified
by the Activity Code specified under Sector T in Table 1-1 of Part
1.2.1.
6.T.2 Industrial Activities Covered by Sector T
The requirements listed under this Part apply to all existing point
source storm water discharges associated with the following activities:
6.T.2.1 treatment works treating domestic sewage or any other
sewage sludge or wastewater treatment device or system used in the
storage, treatment, recycling and reclamation of municipal
[[Page 64846]]
or domestic sewage; including land dedicated to the disposal of sewage
sludge; that are located within the confines of the facility with a
design flow of 1.0 MGD or more; or required to have an approved
pretreatment program under 40 CFR Part 403.
6.T.2.2 Not required to have permit coverage: farm lands; domestic
gardens or lands used for sludge management where sludge is
beneficially reused and which are not physically located within the
facility; or areas that are in compliance with Section 405 of the CWA.
6.T.3 Limitations on Coverage
6.T.3.1 Prohibition of Non-Storm Water Discharges. (See also Part
1.2.3.1) Not authorized by this permit: sanitary and industrial
wastewater; and equipment/vehicle washwater.
6.T.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.T.4.1 Site Map. (See also Part 4.2.2.3.6) Identify where any of
the following may be exposed to precipitation/surface runoff: grit,
screenings and other solids handling, storage or disposal areas; sludge
drying beds; dried sludge piles; compost piles; septage or hauled waste
receiving station; and storage areas for process chemicals, petroleum
products, solvents, fertilizers, herbicides and pesticides.
6.T.4.2 Potential Pollutant Sources. (See also Part 4.2.4)
Describe the following additional sources and activities that have
potential pollutants associated with them, as applicable: grit,
screenings and other solids handling, storage or disposal areas; sludge
drying beds; dried sludge piles; compost piles; septage or hauled waste
receiving station; and access roads/rail lines.
6.T.4.3 Best Management Practices (BMPs). (See also Part 4.2.7.2)
In addition to the other BMPs considered, consider the following:
routing storm water to the treatment works; or covering exposed
materials (i.e., from the following areas: grit, screenings and other
solids handling, storage or disposal areas; sludge drying beds; dried
sludge piles; compost piles; septage or hauled waste receiving
station).
6.T.4.4 Inspections. (See also Part 4.2.7.2.1.5) Include the
following areas in all inspections: access roads/rail lines; grit,
screenings and other solids handling, storage or disposal areas; sludge
drying beds; dried sludge piles; compost piles; septage or hauled waste
receiving station areas.
6.T.4.5 Employee Training. (See also Part 4.2.7.2.1.6) At a
minimum, must address the following areas when applicable to a
facility: petroleum product management; process chemical management;
spill prevention and controls; fueling procedures; general good
housekeeping practices; proper procedures for using fertilizer,
herbicides and pesticides.
6.T.4.6 Wastewater and Washwater Requirements. (See also Part 4.4)
Attach to your SWPPP a copy of all your current NPDES permits issued
for wastewater, industrial, vehicle and equipment washwater discharges
or, if an NPDES permit has not yet been issued, a copy of the pending
applications. Address any requirements/conditions from the other
permits, as appropriate, in the SWPPP. If the washwater is handled in
another manner, the disposal method must be described and all pertinent
documentation must be attached to the plan.
6.U Sector U--Food and Kindred Products
6.U.1 Covered Storm Water Discharges
The requirements in Part 6.U apply to storm water discharges
associated with industrial activity from Food and Kindred Products
facilities as identified by the SIC Codes specified in Table 1-1 of
Part 1.2.1.
6.U.2 Industrial Activities Covered by Sector U
The types of activities that permittees under Sector U are
primarily engaged in are:
6.U.2.1 meat products;
6.U.2.2 dairy products;
6.U.2.3 canned, frozen and preserved fruits, vegetables, and food
specialties;
6.U.2.4 grain mill products;
6.U.2.5 bakery products;
6.U.2.6 sugar and confectionery products;
6.U.2.7 fats and oils;
6.U.2.8 beverages;
6.U.2.9 miscellaneous food preparations and kindred products and
tobacco products manufacturing.
6.U.3 Limitations on Coverage
Not covered by this permit: storm water discharges identified under
Part 1.2.3 from industrial plant yards, material handling sites; refuse
sites; sites used for application or disposal of process wastewaters;
sites used for storage and maintenance of material handling equipment;
sites used for residential wastewater treatment, storage, or disposal;
shipping and receiving areas; manufacturing buildings; and storage
areas for raw material and intermediate and finished products. This
includes areas where industrial activity has taken place in the past
and significant materials remain. ``Material handling activities''
include the storage, loading/unloading, transportation or conveyance of
any raw material, intermediate product, finished product, by-product or
waste product.
6.U.3.1 Prohibition of Non-Storm Water Discharges. (See also Part
1.2.2.2) Not authorized by this permit: discharges subject to Part
1.2.2.2 include discharges containing: boiler blowdown, cooling tower
overflow and blowdown, ammonia refrigeration purging and vehicle
washing/clean-out operations.
6.U.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.U.4.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify
the locations of the following activities if they are exposed to
precipitation/runoff: vents/stacks from cooking, drying and similar
operations; dry product vacuum transfer lines; animal holding pens;
spoiled product; and broken product container storage areas.
6.U.4.2 Potential Pollutant Sources.(See also Part 4.2.4)
Describe, in addition to food and kindred products processing-related
industrial activities, application and storage of pest control
chemicals (e.g., rodenticides, insecticides, fungicides, etc.) used on
plant grounds.
6.U.4.3 Inspections.(See also Part 4.2.7.2.1.5) Inspect on a
regular basis, at a minimum, the following areas where the potential
for exposure to storm water exists: loading and unloading areas for all
significant materials; storage areas including associated containment
areas; waste management units; vents and stacks emanating from
industrial activities; spoiled product and broken product container
holding areas; animal holding pens; staging areas; and air pollution
control equipment.
6.U.4.4 Employee Training.(See also Part 4.2.7.2.1.6) Address pest
control in the training program.
6.U.5 Monitoring and Reporting Requirements. (See also Part 5)
[[Page 64847]]
Table U-1. Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark monitoring Numeric limitation
than one Sector/Subsector) cutoff concentration\1\
----------------------------------------------------------------------------------------------------------------
Part or Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Grain Mill Products (SIC 2041-2048). Total Suspended Solids 100 mg/L................
(TSS).
Fats and Oils Products (SIC 2074- Biochemical Oxygen 30 mg/L.................
2079). Demand (BOD5).
Chemical Oxygen Demand 120 mg/L................
(COD).
Nitrate plus Nitrate 0.68 mg/L...............
Nitrogen.
Total Suspended Solids 100 mg/L ...............
(TSS).
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.
6.V Sector V--Textile Mills, Apparel and Other Fabric Products
6.V.1 Covered Storm Water Discharges
The requirements in Part 6.V apply to storm water discharges
associated with industrial activity from Textile Mills, Apparel, and
Other Fabric Product Manufacturing as identified by the Activity Code
specified under Sector V in Table 1-1 of Part 1.2.1.
6.V.2 Industrial Activities Covered by Sector V
The types of activities that permittees under Sector V are
primarily engaged in are:
6.V.2.1 textile mill products, of and regarding facilities and
establishments engaged in the preparation of fiber and subsequent
manufacturing of yarn, thread, braids, twine, and cordage, the
manufacturing of broadwoven fabrics, narrow woven fabrics, knit
fabrics, and carpets and rugs from yarn;
6.V.2.2 processes involved in the dyeing and finishing of fibers,
yarn fabrics, and knit apparel;
6.V.2.3 the integrated manufacturing of knit apparel and other
finished articles of yarn;
6.V.2.4 the manufacturing of felt goods (wool), lace goods, non-
woven fabrics, miscellaneous textiles, and other apparel products.
6.V.3 Limitations on Coverage
6.V.3.1 Prohibition of Non-Storm Water Discharges. (See also Part
1.2.3.1) Not authorized by this permit: discharges of wastewater (e.g.,
wastewater resulting from wet processing or from any processes relating
to the production process); reused/recycled water; and waters used in
cooling towers. If you have these types of discharges from your
facility, you must cover them under a separate NPDES permit.
6.V.4 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.V.4.1 Potential Pollutant Sources. (See also Part 4.2.4)
Describe the following additional sources and activities that have
potential pollutants associated with them: industrial-specific
significant materials and industrial activities (e.g., backwinding,
beaming, bleaching, backing bonding, carbonizing, carding, cut and sew
operations, desizing , drawing, dyeing locking, fulling, knitting,
mercerizing, opening, packing, plying, scouring, slashing, spinning,
synthetic-felt processing, textile waste processing, tufting, turning,
weaving, web forming, winging, yarn spinning, and yarn texturing).
6.V.4.2 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
6.V.4.2.1 Material Storage Area. Plainly label and store all
containerized materials (e.g., fuels, petroleum products, solvents,
dyes, etc.) in a protected area, away from drains. Describe and
implement measures that prevent or minimize contamination of the storm
water runoff from such storage areas, including a description of the
containment area or enclosure for those materials stored outdoors. Also
consider an inventory control plan to prevent excessive purchasing of
potentially hazardous substances. For storing empty chemical drums/
containers, ensure the drums/containers are clean (consider triple-
rinsing) and there is no contact of residuals with precipitation/
runoff. Collect and dispose of washwater from these cleanings properly.
6.V.4.2.2 Material Handling Area. Describe and implement measures
that prevent or minimize contamination of storm water runoff from
material handling operations and areas. Consider the following (or
their equivalents): use of spill/overflow protection; covering fueling
areas; and covering/enclosing areas where the transfer of material may
occur. Where applicable address the replacement or repair of leaking
connections, valves, transfer lines and pipes that may carry chemicals,
dyes or wastewater.
6.V.4.2.3 Fueling Areas. Describe and implement measures that
prevent or minimize contamination of storm water runoff from fueling
areas. Consider the following (or their equivalents): covering the
fueling area, using spill and overflow protection, minimizing runon of
storm water to the fueling areas, using dry cleanup methods, and
treating and/or recycling storm water runoff collected from the fueling
area.
6.V.4.2.4 Above Ground Storage Tank Area. Describe and implement
measures that prevent or minimize contamination of the storm water
runoff from above ground storage tank areas, including the associated
piping and valves. Consider the following (or their equivalents):
regular cleanup of these areas; preparation of the spill prevention
control and countermeasure program, provide spill and overflow
protection; minimizing runoff of storm water from adjacent areas;
restricting access to the area; insertion of filters in adjacent catch
basins; providing absorbent booms in unbermed fueling areas; using dry
cleanup methods; and permanently sealing drains within critical areas
that may discharge to a storm drain.
6.V.4.3 Inspections. (See also Part 4.2.7.2.1.5) Inspect, at least
on a monthly basis, the following activities and areas (at a minimum):
transfer and transmission lines; spill prevention; good housekeeping
practices; management of process waste products; all structural and non
structural management practices.
[[Page 64848]]
6.V.4.4 Employee Training. (See also Part 4.2.7.2.1.6) As part of
your employee training program, address, at a minimum, the following
activities (as applicable): use of reused/recycling waters; solvents
management; proper disposal of dyes; proper disposal of petroleum
products and spent lubricants; spill prevention and control; fueling
procedures; and general good housekeeping practices.
6.V.4.5 Comprehensive Site Compliance Evaluation. (See also Part
4.9) Conduct regularly scheduled evaluations at least once a year and
address those areas contributing to a storm water discharge associated
with industrial activity for evidence of, or the potential for,
pollutants entering the drainage system. Inspect, at a minimum, as
appropriate: storage tank areas; waste disposal and storage areas;
dumpsters and open containers stored outside; materials storage areas;
engine maintenance and repair areas; material handing areas and loading
dock areas.
6.W Sector W--Furniture and Fixtures
6.W.1 Covered Storm Water Discharges
The requirements in Part 6.W apply to storm water discharges
associated with industrial activity from Furniture and Fixtures
facilities as identified by the Activity Code specified under Sector W
in Table 1-1 of Part 1.2.1.
6.W.2 Industrial Activities Covered by Sector W
The types of activities that permittees under Sector W are
primarily engaged in the manufacturing of:
6.W.2.1 wood kitchen cabinets;
6.W.2.2 household furniture;
6.W.2.3 office furniture;
6.W.2.4 public buildings and related furniture;
6.W.2.5 partitions, shelving, lockers, and office and store
fixtures;
6.W.2.6 miscellaneous furniture and fixtures.
6.W.3 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.W.3.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify
where any of the following may be exposed to precipitation/surface
runoff: material storage (including tanks or other vessels used for
liquid or waste storage) areas; outdoor material processing areas;
areas where wastes are treated, stored or disposed; access roads; and
rail spurs.
6.X Sector X--Printing and Publishing
6.X.1 Covered Storm Water Discharges
The requirements in Part 6.X apply to storm water discharges
associated with industrial activity from Printing and Publishing
facilities as identified by the Activity Code specified under Sector X
in Table 1.1 of Part 1.2.1.
6.X.2 Industrial Activities Covered by Sector X
The types of activities that permittees under Sector X are
primarily engaged in are:
6.X.2.1 book printing;
6.X.2.2 commercial printing and lithographics;
6.X.2.3 plate making and related services;
6.X.2.4 commercial printing, gravure;
6.X.2.5 commercial printing not elsewhere classified.
6.X.3 Storm Water Pollution Prevention Plan Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.X.3.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify
where any of the following may be exposed to precipitation/surface
runoff: above ground storage tanks, drums and barrel permanently stored
outside.
6.X.3.2 Potential Pollutant Sources. (See also Part 4.2.4)
Describe the following additional sources and activities that have
potential pollutants associated with them, as applicable: loading and
unloading operations; outdoor storage activities; significant dust or
particulate generating processes; and onsite waste disposal practices
(e.g., blanket wash). Also identify the pollutant or pollutant
parameter (e.g., oil and grease, scrap metal, etc.) associated with
each pollutant source.
6.X.3.3 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
6.X.3.3.1 Material Storage Areas. Plainly label and store all
containerized materials (e.g., skids, pallets, solvents, bulk inks, and
hazardous waste, empty drums, portable/mobile containers of plant
debris, wood crates, steel racks, fuel oil, etc.) in a protected area,
away from drains. Describe and implement measures that prevent or
minimize contamination of the storm water runoff from such storage
areas, including a description of the containment area or enclosure for
those materials stored outdoors. Also consider an inventory control
plan to prevent excessive purchasing of potentially hazardous
substances.
6.X.3.3.2 Material Handling Area. Describe and implement measures
that prevent or minimize contamination of storm water runoff from
material handling operations and areas (e.g., blanket wash, mixing
solvents, loading/unloading materials). Consider the following (or
their equivalents): use of spill/overflow protection; covering fueling
areas; and covering/enclosing areas where the transfer of materials may
occur. Where applicable address the replacement or repair of leaking
connections, valves, transfer lines and pipes that may carry chemicals
or wastewater.
6.X.3.3.3 Fueling Areas. Describe and implement measures that
prevent or minimize contamination of storm water runoff from fueling
areas. Consider the following (or their equivalents): covering the
fueling area, using spill and overflow protection, minimizing runoff of
storm water to the fueling areas, using dry cleanup methods, and
treating and/or recycling storm water runoff collected from the fueling
area.
6.X.3.3.4 Above Ground Storage Tank Area. Describe and implement
measures that prevent or minimize contamination of the storm water
runoff from above ground storage tank areas, including the associated
piping and valves. Consider the following (or their equivalents):
regular cleanup of these areas; preparation of the spill prevention
control and countermeasure program, provide spill and overflow
protection; minimizing runoff of storm water from adjacent areas;
restricting access to the area; insertion of filters in adjacent catch
basins; providing absorbent booms in unbermed fueling areas; using dry
cleanup methods; and permanently sealing drains within critical areas
that may discharge to a storm drain.
6.X.3.4 Employee Training. (See also Part 4.2.7.2.1.6) As part of
your employee training program, address, at a minimum, the following
activities (as applicable): spent solvent management; spill prevention
and control; used oil management; fueling procedures; and general good
housekeeping practices.
6.Y Sector Y--Rubber, Miscellaneous Plastic Products and
Miscellaneous Manufacturing Industries
6.Y.1 Covered Storm Water Discharges
The requirements in Part 6.Y apply to storm water discharges
associated with industrial activity from Rubber, Miscellaneous Plastic
Products and Miscellaneous Manufacturing Industries facilities as
identified by the Activity
[[Page 64849]]
Code specified under Sector Y in Table 1-1 of Part 1.2.1.
6.Y.2 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.Y.2.1 Potential Pollutant Sources. (See also Part 4.2.4) Review
the use of zinc at your facility and the possible pathways through
which zinc may be discharged in storm water runoff.
6.Y.2.2 Controls for Rubber Manufacturers. (See also Part 4.2.7)
Describe and implement specific controls to minimize the discharge of
zinc in your storm water discharges. Parts 6.Y.2.2.1 to 6.Y.2.2.5 give
possible sources of zinc to be reviewed and list some specific BMPs to
be considered for implementation (or their equivalents). Some general
BMP options to consider: using chemicals which are purchased in pre-
weighed, sealed polyethylene bags; storing materials which are in use
in sealable containers; ensuring an airspace between the container and
the cover to minimize ``puffing'' losses when the container is opened;
and using automatic dispensing and weighing equipment.
6.Y.2.2.1 Inadequate Housekeeping. Review the handling and storage
of zinc bags at your facility. BMP options: employee training on the
handling/storage of zinc bags; indoor storage of zinc bags; cleanup
zinc spills without washing the zinc into the storm drain, and the use
of 2,500-pound sacks of zinc rather than 50- to 100-pound sacks;
6.Y.2.2.2 Dumpsters. Reduce discharges of zinc from dumpsters. BMP
options: covering the dumpster; moving the dumpster indoors; or provide
a lining for the dumpster.
6.Y.2.2.3 Malfunctioning Dust Collectors or Baghouses: Review dust
collectors/baghouses as possible sources in zinc in storm water runoff.
Replace or repair, as appropriate, improperly operating dust
collectors/baghouses.
6.Y.2.2.4 Grinding Operations.
Review dust generation from rubber grinding operations and, as
appropriate, install a dust collection system.
6.Y.2.2.5 Zinc Stearate Coating Operations. Detail appropriate
measures to prevent or clean up drips/spills of zinc stearate slurry
that may be released to the storm drain. BMP option: using alternate
compounds to zinc stearate.
6.Y.2.3 Controls for Plastic Products Manufacturers. Describe and
implement specific controls to minimize the discharge of plastic resin
pellets in your storm water discharges. BMPs to be considered for
implementation (or their equivalents): minimizing spills; cleaning up
of spills promptly and thoroughly; sweeping thoroughly; pellet
capturing; employee education and disposal precautions.
6.Y.3 Monitoring and Reporting Requirements. (See also Part 5)
Table Y-1.--Sector-Specific Numeric Effluent Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Benchmark monitoring
Subsector Parameter cutoff concentration Numeric limitations
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Tires and Inner Tubes; Rubber Total Recoverable Zinc. 0.117 mg/L .......................
Footwear; Gaskets, Packing and
Sealing Devices; Rubber Hose and
Belting; and Fabricated Rubber
Products, Not Elsewhere Classified
(SIC 3011-3069, rubber.
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years.
6.Z Sector Z--Leather Tanning and Finishing
6.Z.1 Covered Storm Water Discharges
The requirements in Part 6.Z apply to storm water discharges
associated with industrial activity from Leather Tanning and Finishing
facilities as identified by the Activity Code specified under Sector Z
in Table 1-1 of Part 1.2.1.
6.Z.2 Industrial Activities Covered by Sector Z
The types of activities that permittees under Sector Z are
primarily engaged are leather tanning, curry and finishing;
6.Z.3 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.Z.3.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify
where any of the following may be exposed to precipitation/surface
runoff: processing and storage areas of the beamhouse, tanyard, and re-
tan wet finishing and dry finishing operations; and haul roads, access
roads and rail spurs.
6.Z.3.2 Potential Pollutant Sources. (See also Part 4.2.4) At a
minimum, describe the following additional sources and activities that
have potential pollutants associated with them (as appropriate):
temporary or permanent storage of fresh and brine cured hides;
extraneous hide substances and hair; leather dust, scraps, trimmings
and shavings; chemical drums, bags, containers and above ground tanks;
empty chemical containers and bags; spent solvents; floor sweepings/
washings; refuse, waste piles and sludge; and significant dust/
particulate generating processes (e.g., buffing).
6.Z.3.3 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
6.Z.3.3.1 Storage Areas for Raw, Semiprocessed or Finished Tannery
Byproducts. Pallets/bales of raw, semiprocessed or finished tannery
byproducts (e.g., splits, trimmings, shavings, etc.) should be stored
indoors or protected by polyethylene wrapping, tarpaulins, roofed
storage, etc. Consider placing materials on an impermeable surface, and
enclosing or putting berms (or equivalent measures) around the area to
prevent storm water runon/runoff.
6.Z.3.3.2 Material Storage Areas. Label storage containers of all
materials (e.g., specific chemicals, hazardous materials, spent
solvents, waste materials). Describe and implement measures that
prevent/minimize contact with storm water.
6.Z.3.3.3 Buffing and Shaving Areas. Describe and implement
measures that prevent or minimize contamination of storm water runoff
with leather dust from buffing/shaving areas. Consider dust collection
enclosures, preventive inspection/maintenance programs or other
appropriate preventive measures.
6.Z.3.3.4 Receiving, Unloading, and Storage Areas. Describe and
implement measures that prevent or minimize contamination of storm
water runoff from receiving, unloading, and storage areas. If these
areas are exposed, consider (or their equivalent): Covering all hides
and chemical supplies; diverting drainage to the process sewer;
[[Page 64850]]
or grade berming/curbing area to prevent runoff of storm water.
6.Z.3.3.5 Outdoor Storage of Contaminated Equipment. Describe and
implement measures that prevent or minimize contact of storm water with
contaminated equipment. Consider (or their equivalent): Covering
equipment; diverting drainage to the process sewer; and cleaning
thoroughly prior to storage.
6.Z.3.3.6 Waste Management. Describe and implement measures that
prevent or minimize contamination of storm water runoff from waste
storage areas. Consider (or their equivalent): Inspection/maintenance
programs for leaking containers or spills; covering dumpsters; moving
waste management activities indoors; covering waste piles with
temporary covering material such as tarpaulins or polyethylene; and
minimizing storm water runoff by enclosing the area or building berms
around the area.
6.AA Sector AA--Fabricated Metal Products
6.AA.1 Covered Storm Water Discharges
The requirements in Part 6.AA apply to storm water discharges
associated with industrial activity from Fabricated Metal Products
facilities as identified by the Activity Code specified under Sector AA
in Table 1-1 of Part 1.2.1.
6.AA.2 Industrial Activities Covered by Sector AA
The types of activities that permittees under Sector AA are
primarily engaged in are:
6.AA.2.1 Fabricated metal products; except for electrical related
industries;
6.AA.2.2 Fabricated metal products; except machinery and
transportation equipment;
6.AA.2.3 Jewelry, silverware, and plated ware.
6.AA.3 Storm Water Pollution Prevention Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.AA.3.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify
where any of the following may be exposed to precipitation/surface
runoff: Raw metal storage areas; finished metal storage areas; scrap
disposal collection sites; equipment storage areas; retention and
detention basins; temporary/permanent diversion dikes or berms; right-
of-way or perimeter diversion devices; sediment traps/barriers;
processing areas including outside painting areas; wood preparation;
recycling; and raw material storage.
6.AA.3.2 Spills and Leaks. (See also Part 4.2.5) When listing
significant spills/leaks, pay attention to the following materials at a
minimum: Chromium, toluene, pickle liquor, sulfuric acid, zinc and
other water priority chemicals and hazardous chemicals and wastes.
6.AA.3.3 Potential Pollutant Sources. (See also Part 4.2.4)
Describe the following additional sources and activities that have
potential pollutants associated with them: Loading and unloading
operations for paints, chemicals and raw materials; outdoor storage
activities for raw materials, paints, empty containers, corn cob,
chemicals, and scrap metals; outdoor manufacturing or processing
activities such as grinding, cutting, degreasing, buffing, brazing,
etc; onsite waste disposal practices for spent solvents, sludge,
pickling baths, shavings, ingots pieces, refuse and waste piles.
6.AA.3.4 Good Housekeeping Measures. (See also Part 4.2.7.2.1.1)
6.AA.3.4.1 Raw Steel Handling Storage. Describe and implement
measures controlling or recovering scrap metals, fines and iron dust.
Include measures for containing materials within storage handling
areas.
6.AA.3.4.2 Paints and Painting Equipment. Describe and implement
measures to prevent or minimize exposure of paint and painting
equipment to storm water.
6.AA.3.5 Spill Prevention and Response Procedures. (See also Part
4.2.7.2.1.4) Ensure the necessary equipment to implement a clean up is
available to personnel. The following areas should be addressed:
6.AA.3.5.1 Metal Fabricating Areas. Describe and implement
measures for maintaining clean, dry, orderly conditions in these areas.
Consider the use of dry clean-up techniques.
6.AA.3.5.2 Storage Areas for Raw Metal. Describe and implement
measures to keep these areas free of condition that could cause spills
or leakage of materials. Consider the following (or their equivalents):
maintaining storage areas such that there is easy access in the event
of a spill; and labeling stored materials to aid in identifying spill
contents.
6.AA.3.5.3 Receiving, Unloading, and Storage Areas. Describe and
implement measures to prevent spills and leaks; plan for quick remedial
clean up; and instruct employees on clean-up techniques and procedures.
6.AA.3.5.4 Storage of Equipment. Describe and implement measures
for preparing equipment for storage and the proper storage of
equipment. Consider the following (or their equivalents): protecting
with covers; storing indoors; and cleaning potential pollutants from
equipment to be stored outdoors.
6.AA.3.5.5 Metal Working Fluid Storage Areas. Describe and
implement measures for storage of metal working fluids.
6.AA.3.5.6 Cleaners and Rinse Water. Describe and implement
measures: to control/cleanup spills of solvents and other liquid
cleaners; control sand buildup and disbursement from sand-blasting
operations; and prevent exposure of recyclable wastes. Substitute
environmentally-benign cleaners when possible.
6.AA.3.5.7 Lubricating Oil and Hydraulic Fluid Operations.
Consider using monitoring equipment or other devices to detect and
control leaks/overflows. Consider installing perimeter controls such as
dikes, curbs, grass filter strips or other equivalent measures.
6.AA.3.5.8 Chemical Storage Areas. Describe and implement proper
storage methods that prevent storm water contamination and accidental
spillage. Include a program to inspect containers and identify proper
disposal methods.
6.AA.3.6 Inspections. (See also Part 4.2.7.2.1.5) Include, at a
minimum, the following areas in all inspections: raw metal storage
areas; finished product storage areas; material and chemical storage
areas; recycling areas; loading and unloading areas; equipment storage
areas; paint areas; vehicle fueling and maintenance areas.
6.AA.3.7 Comprehensive Site Compliance Evaluation. (See also Part
4.9.2) As part of your evaluation, also inspect: areas associated with
the storage of raw metals; storage of spent solvents and chemicals;
outdoor paint areas; and drainage from roof. Potential pollutants
include chromium, zinc, lubricating oil, solvents, aluminum, oil and
grease, methyl ethyl ketone, steel and other related materials.
6.AA.4 Monitoring and Reporting Requirements
(See also Part 5)
[[Page 64851]]
Table AA-1.--Sector-Specific Numeric Limitations and Benchmark Monitoring
----------------------------------------------------------------------------------------------------------------
Subsector (Discharges may be
subject to requirements for more Parameter Benchmark, monitoring, Numeric limitation
than one sector/subsector) cutoff, concentration\1\
----------------------------------------------------------------------------------------------------------------
Part of Permit Affected/Supplemental Requirements
----------------------------------------------------------------------------------------------------------------
Fabricated Metal Products Except Total Recoverable 0.75 mg/L...............
Coating (SIC 3411-3471, 3482-3499, Aluminum.
3911-3915).
Total Recoverable Iron. 1.0 mg/L................
Total Recoverable Zinc. 0.117 mg/L..............
Nitrate plus Nitrite 0.68 mg/L...............
Nitrogen.
Fabricated Metal Coating and Total Recoverable Zinc. 0.117 mg/L..............
Engraving (SIC 3479).
Nitrate plus Nitrite 0.68 mg/L ..............
Nitrogen.
----------------------------------------------------------------------------------------------------------------
\1\ Monitor once/quarter for the year 2 and year 4 Monitoring Years
6.AB Sector AB--Transportation Equipment, Industrial or Commercial
Machinery
6.AB.1 Covered Storm Water Discharges
The requirements in Part 6.AB apply to storm water discharges
associated with industrial activity from Transportation Equipment,
Industrial or Commercial Machinery facilities as identified by the
Activity Code specified under Sector AB in Table 1-1 of Part 1.2.1.
6.AB.2 Industrial Activities Covered by Sector AB
The types of activities that permittees under Sector AB are
primarily engaged in are:
6.AB.2.1 Industrial and Commercial Machinery (except Computer and
Office Equipment) (see Sector AC); and
6.AB.2.2 Transportation Equipment (except Ship and Boat Building
and Repairing) (see Sector R).
6.AB.3 Storm Water Pollution Plan (SWPPP) Requirements
In addition to the following requirements, you must also comply
with the requirements listed in Part 4.
6.AB.3.1 Drainage Area Site Map. (See also Part 4.2.2.3) Identify
where any of the following may be exposed to precipitation/surface
runoff: vents and stacks from metal processing and similar operations.
6.AB.3.2 Non-Storm Water Discharges. (See also Part 4.4) If your
facility has a separate NPDES permit (or has applied for a permit)
authorizing discharges of wastewater, attach a copy of the permit (or
the application) to your SWPPP. Any new wastewater permits issued/
reissued to you must then replace the old one in your SWPPP. If you
discharge wastewater, other than solely domestic wastewater, to a
Publicly Owned Treatment Works (POTW), you must notify the POTW of the
discharge (identify the types of wastewater discharged, including any
storm water). As proof of this notification, attach to your SWPPP a
copy of the permit issued to your facility by the POTW or a copy of
your notification to the POTW.
6.AC Sector AC--Electronic, Electrical Equipment and Components,
Photographic and Optical Goods
6.AC.1 Covered Storm Water Discharges
The requirements in Part 6.AC apply to storm water discharges
associated with industrial activity from facilities that manufacture
Electronic, Electrical Equipment and Components, Photographic and
Optical Goods as identified by the SIC Codes specified in Table 1-1 of
Part 1.2.1.
6.AC.2 Industrial Activities Covered by Sector AC
The types of manufacturing activities that permittees under Sector
AC are primarily engaged in are:
6.AC.2.1 Measuring, analyzing, and controlling instruments;
6.AC.2.2 Photographic, medical and optical goods;
6.AC.2.3 Watches and clocks; and
6.AC.2.4 Computer and office equipment.
6.AC.3 Additional Requirements
No additional sector-specific requirements apply to this sector.
6.AD Storm Water Discharges Designated by the Director as
Requiring Permits
6.AD.1 Covered Storm Water Discharges
Sector AD is used to provide permit coverage for facilities
designated by the Director as needing a storm water permit, or any
discharges of industrial activity that do not meet the description of
an industrial activity covered by Sectors A-AC. Therefore, almost any
type of storm water discharge could be covered under this sector. You
must be assigned to Sector AD by the Director and may NOT choose sector
AD as the sector describing your activities on your own.
6.AD.1.1 Eligibility for Permit Coverage. Because this Sector only
covers discharges designated by the Director as needing a storm water
permit (which is an atypical circumstance) or your facility's
industrial activities were inadvertently left out of Sectors A-AC, and
your facility may or may not normally be discharging storm water
associated with industrial activity, you must obtain the Director's
written permission to use this permit prior to submitting a Notice of
Intent. If you are authorized to use this permit, you will be required
to ensure your discharges meet the basic eligibility provisions of this
permit at Part 1.2.
6.AD.2 Storm Water Pollution Prevention Plan (SWPPP) Requirements
The Director will establish any additional Storm Water Pollution
Prevention Plan requirements for your facility at the time of accepting
your Notice of Intent to be covered by this permit. Additional
requirements would be based on the nature of activities at your
facility and your storm water discharges.
6.AD.3 Monitoring and Reporting Requirements
The Director will establish any additional monitoring and reporting
requirements for your facility at the time of accepting your Notice of
Intent to be covered by this permit. Additional requirements would be
based on the nature of activities at your facility and your storm water
discharges.
7. Reporting
7.1 Reporting Results of Monitoring
Depending on the types of monitoring required for your facility,
you may have to submit the results of your monitoring or you may only
have to keep the results
[[Page 64852]]
with your Storm Water Pollution Prevention Plan. You must follow the
reporting requirements and deadlines in Table 7-1 that apply to the
types of monitoring that apply to your facility.
If required by the conditions of the permit that apply to your
facility, you must submit analytical monitoring results obtained from
each outfall associated with industrial activity (or a certification as
per 5.3.1) on a Discharge Monitoring Report (DMR) form (one form must
be submitted for each storm event sampled). An example of a form is
found in the Guidance Manual for the Monitoring and Reporting
Requirements of the NPDES Storm Water Multi-Sector General Permit. A
copy of the DMR is also available on the Internet at http://www.epa.gov/owm/sw/permits-and-forms/index.htm. The signed DMR must be
sent to: MSGP DMR (4203), US EPA, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460.
Note: If EPA notifies dischargers (either directly, by public
notice or by making information available on the Internet) of other
DMR form options that become available at a later date (e.g.,
electronic submission of forms), you may take advantage of those
options to satisfy the DMR use and submission requirements of Part
7.
Table 7-1.--DMR/Alternative Certification Submission Deadlines
------------------------------------------------------------------------
Type of monitoring Reporting deadline (postmark)
------------------------------------------------------------------------
Monitoring for Numeric Submit results by the 28th day of the
Limitation. month following the monitoring period.
Benchmark Monitoring:
Monitoring Year 2001-2002 Save and submit all results for year in
one package by January 28, 2003.
Monitoring Year 2003-2004 Save and submit all results for year in
one package by January 28, 2005.
Biannual Monitoring for Metal Save and submit all results for year in
Mining Facilities (see Part one package by January 28 of the year
6.G). following the monitoring year.
Visual Monitoring............ Retain results with SWPPP--do not submit
unless requested to do so by Permitting
Authority.
State/Tribal/Territory-- See Part 13 (conditions for specific
Specific Monitoring. States, Indian country, and
Territories).
------------------------------------------------------------------------
7.2 Additional Reporting for Dischargers to a Large or Medium
Municipal Separate Storm Sewer System
If you discharge storm water discharge associated with industrial
activity through a large or medium municipal separate storm sewer
system (systems serving a population of 100,000 or more), you must also
submit signed copies of your discharge monitoring reports to the
operator of the municipal separate storm sewer system in accordance
with the dates provided in Table 7-1.
7.3 Miscellaneous Reports
You must submit any other reports required by this permit to the
Director of the NPDES program at the address of the appropriate
Regional Office listed in Part 8.3.
8. Retention of Records
8.1 Documents
In addition to the requirements of Part 9.16.2, you must retain
copies of Storm Water Pollution Prevention Plans and all reports and
certifications required by this permit, and records of all data used to
complete the Notice of Intent to be covered by this permit, for a
period of at least three years from the date that the facility's
coverage under this permit expires or is terminated. This period may be
extended by request of the Director at any time.
8.2 Accessibility
You must retain a copy of the Storm Water Pollution Prevention Plan
required by this permit (including a copy of the permit language) at
the facility (or other local location accessible to the Director, a
State, Tribal or Territorial agency with jurisdiction over water
quality protection; local government officials; or the operator of a
municipal separate storm sewer receiving discharges from the site) from
the date of permit coverage to the date of permit coverage ceases. You
must make a copy of your Storm Water Pollution Prevention Plan
available to the public if requested to do so in writing.
8.3 Addresses
Except for the submittal of NOIs and NOTs (see Parts 2.1 and 11.2,
respectively), all written correspondence concerning discharges in any
State, Indian country land, Territory, or from any Federal facility
covered under this permit and directed to the EPA, including the
submittal of individual permit applications, must be sent to the
address of the appropriate EPA Regional Office listed below:
8.3.1 Region 1: CT, MA, ME, NH, RI, VT
EPA Region 1, Office of Ecosystem Protection, One Congress Street--
CMU, Boston, MA 02114.
8.3.2 Region 2: NJ, NY, PR, VI
United States EPA, Region 2, Caribbean Environmental Protection
Division, Environmental Management Branch, Centro Europa Building, 1492
Ponce de Leon Ave., Suite 417, San Juan, PR 00907-4127.
8.3.3 Region 3: DE, DC, MD, PA, VA, WV
EPA Region 3, Water Protection Division (3WP13), Storm Water
Coordinator, 1650 Arch Street, Philadelphia, PA 19103.
8.3.4 Region 4: AL, FL, GA, KY, MS, NC, SC, TN
Environmental Protection Agency, Region 4, Clean Water Act
Enforcement Section, Water Programs Enforcement Branch, Water
Management Division, Atlanta Federal Center, 61 Forsyth Street, SW.,
Atlanta, GA 30303.
8.3.5 Region 5: IL, IN, MI, MN, OH, WI
(Coverage Not Available Under This Permit.)
8.3.6 Region 6: AR, LA, OK, TX, NM
(Except see Region 9 for Navajo lands, and see Region 8 for Ute
Mountain Reservation lands)
United States EPA, Region 6, Storm Water Staff, Enforcement and
Compliance Assurance Division (GEN-WC), EPA SW MSGP, P.O. Box 50625,
Dallas, TX 75205.
8.3.7 Region 7:
(Coverage Not Available Under This Permit.)
8.3.8 Region 8: CO, MT, ND, SD, WY, UT
(Except see Region 9 for Goshute Reservation and Navajo Reservation
lands), the Ute Mountain Reservation in NM, and the Pine Ridge
Reservation in NE
United States EPA, Region 8, Ecosystems Protection Program (8EPR-
[[Page 64853]]
EP), Storm Water Staff, 999 18th Street, Suite 300, Denver, CO 80202-
2466.
8.3.9 Region 9: AZ, CA, HI, NV, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Goshute
Reservation in UT and NV, the Navajo Reservation in UT, NM, and AZ,
the Duck Valley Reservation in ID, Fort McDermitt Reservation in OR
United States EPA, Region 9, Water Management Division, WTR-5,
Storm Water Staff, 75 Hawthorne Street, San Francisco, CA 94105.
8.3.10 Region 10: ID, WA, OR
(Except see Region 9 for Fort McDermitt Reservation.)
United States EPA, Region 10, Office of Water OW-130, 1200 6th
Avenue, Seattle, WA 98101.
8.4 State, Tribal, and Other Agencies
See Part 13 for addresses of States or Tribes that require
submission of information to their agencies.
9. Standard Permit Conditions
9.1 Duty To Comply
9.1.1 You must comply with all conditions of this permit. Any
permit noncompliance constitutes a violation of CWA and is grounds for
enforcement action; for permit termination, revocation and reissuance,
or modification; or for denial of a permit renewal application.
9.1.2 Penalties for Violations of Permit Conditions: The Director
will adjust the civil and administrative penalties listed below in
accordance with the Civil Monetary Penalty Inflation Adjustment Rule
(Federal Register: December 31, 1996, Volume 61, Number 252, pages
69359-69366, as corrected, March 20, 1997, Volume 62, Number 54, pages
13514-13517) as mandated by the Debt Collection Improvement Act of 1996
for inflation on a periodic basis. This rule allows EPA's penalties to
keep pace with inflation. The Agency is required to review its
penalties at least once every four years thereafter and to adjust them
as necessary for inflation according to a specified formula. The civil
and administrative penalties listed below were adjusted for inflation
starting in 1996.
9.1.2.1 Criminal Penalties.
9.1.2.1.1 Negligent Violations.
The CWA provides that any person who negligently violates permit
conditions implementing sections 301, 302, 306, 307, 308, 318, or 405
of the Act is subject to a fine of not less than $2,500 nor more than
$25,000 per day of violation, or by imprisonment for not more than 1
year, or both.
9.1.2.1.2 Knowing Violations. The CWA provides that any person who
knowingly violates permit conditions implementing sections 301, 302,
306, 307, 308, 318, or 405 of the Act is subject to a fine of not less
than $5,000 nor more than $50,000 per day of violation, or by
imprisonment for not more than 3 years, or both.
9.1.2.1.3 Knowing Endangerment. The CWA provides that any person
who knowingly violates permit conditions implementing sections 301,
302, 306, 307, 308, 318, or 405 of the Act and who knows at that time
that he is placing another person in imminent danger of death or
serious bodily injury is subject to a fine of not more than $250,000,
or by imprisonment for not more than 15 years, or both.
9.1.2.1.4 False Statement. The CWA provides that any person who
knowingly makes any false material statement, representation, or
certification in any application, record, report, plan, or other
document filed or required to be maintained under the Act or who
knowingly falsifies, tampers with, or renders inaccurate, any
monitoring device or method required to be maintained under the Act,
shall upon conviction, be punished by a fine of not more than $10,000
or by imprisonment for not more than two years, or by both. If a
conviction is for a violation committed after a first conviction of
such person under this paragraph, punishment shall be by a fine of not
more than $20,000 per day of violation, or by imprisonment of not more
than 4 years, or by both. (See section 309(c)(4) of the Clean Water
Act.)
9.1.2.2 Civil Penalties. The CWA provides that any person who
violates a permit condition implementing sections 301, 302, 306, 307,
308, 318, or 405 of the Act is subject to a civil penalty not to exceed
$27,500 per day for each violation.
9.1.2.3 Administrative Penalties. The CWA provides that any person
who violates a permit condition implementing sections 301, 302, 306,
307, 308, 318, or 405 of the Act is subject to an administrative
penalty, as follows:
9.1.2.3.1 Class I Penalty. Not to exceed $11,000 per violation nor
shall the maximum amount exceed $27,500.
9.1.2.3.2 Class II Penalty. Not to exceed $11,000 per day for each
day during which the violation continues nor shall the maximum amount
exceed $137,500.
9.2 Continuation of the Expired General Permit
If this permit is not reissued or replaced prior to the expiration
date, it will be administratively continued in accordance with the
Administrative Procedures Act and remain in force and effect. Any
permittee who was granted permit coverage prior to the expiration date
will automatically remain covered by the continued permit until the
earlier of:
9.2.1 Reissuance or replacement of this permit, at which time you
must comply with the Notice of Intent conditions of the new permit to
maintain authorization to discharge; or
9.2.2 Your submittal of a Notice of Termination; or
9.2.3 Issuance of an individual permit for your discharges; or
9.2.4 A formal permit decision by the Director not to reissue this
general permit, at which time you must seek coverage under an
alternative general permit or an individual permit.
9.3 Need To Halt or Reduce Activity Not a Defense
It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this
permit.
9.4 Duty To Mitigate
You must take all reasonable steps to minimize or prevent any
discharge in violation of this permit which has a reasonable likelihood
of adversely affecting human health or the environment.
9.5 Duty To Provide Information
You must furnish to the Director or an authorized representative of
the Director any information which is requested to determine compliance
with this permit or other information.
9.6 Other Information
If you become aware that you have failed to submit any relevant
facts or submitted incorrect information in the Notice of Intent or in
any other report to the Director, you must promptly submit such facts
or information.
9.7 Signatory Requirements
All Notices of Intent, Notices of Termination, Storm Water
Pollution Prevention Plans, reports, certifications or information
either submitted to the Director or the operator of a large or medium
municipal separate storm sewer system, or that this permit requires be
maintained by you, must be signed as follows:
[[Page 64854]]
9.7.1 All notices of intent and notices of termination must be
signed as follows:
9.7.1.1 For a corporation: By a responsible corporate officer. For
the purpose of this section, a responsible corporate officer means: 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 the manager of one or more manufacturing, production,
or operating facilities, provided, the manager is authorized to make
management decisions which 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 laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather
complete and accurate information for permit application requirements;
and where authority to sign documents has been assigned or delegated to
the manager in accordance with corporate procedures;
9.7.1.2 For a partnership or sole proprietorship: By a general
partner or the proprietor, respectively; or
9.7.1.3 For a municipality, State, Federal, or other public
agency: By either a principal executive officer or ranking elected
official. For purposes of this section, a principal executive officer
of a Federal agency includes: (1) The chief executive officer of the
agency, or (2) a senior executive officer having responsibility for the
overall operations of a principal geographic unit of the agency (e.g.,
Regional Administrators of EPA).
9.7.2 All reports required by this permit and other information
must be signed as follows:
9.7.2.1 All reports required by this permit and other information
requested by the Director or authorized representative of the Director
must be signed by a person described in Part 9.7.1 or by a duly
authorized representative of that person.
9.7.2.2 A person is a duly authorized representative only if the
authorization is made in writing by a person described Part 9.7.1 and
submitted to the Director.
9.7.2.3 The authorization must specify either an individual or a
position having responsibility for the overall operation of the
regulated facility or activity, such as the position of manager,
operator, superintendent, or position of equivalent responsibility or
an individual or position having overall responsibility for
environmental matters for the company. (A duly authorized
representative may thus be either a named individual or any individual
occupying a named position).
9.7.3 Changes to Authorization. If the information on the NOI
filed for permit coverage is no longer accurate because a different
operator has responsibility for the overall operation of the facility,
a new Notice of Intent satisfying the requirements of Part 2 must be
submitted to the Director prior to or together with any reports,
information, or applications to be signed by an authorized
representative. The change in authorization must be submitted within
the time frame specified in Part 2.1, and sent to the address specified
in Part 2.4.
9.7.4 Certification. Any person signing documents under Part 9.7
must make the following certification:
I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gathered and evaluated the information submitted. Based on
my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.
9.8 Penalties for Falsification of Reports
Section 309(c)(4) of the Clean Water Act provides that any person
who knowingly makes any false material statement, representation, or
certification in any record or other document submitted or required to
be maintained under this permit, including reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more
than $10,000, or by imprisonment for not more than two years, or by
both.
9.9 Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve you from any
responsibilities, liabilities, or penalties to which you are or may be
subject under section 311 of the CWA or section 106 of the
Comprehensive Environmental Response, Compensation and Liability Act of
1980 (CERCLA).
9.10 Property Rights
The issuance of this permit does not convey any property rights of
any sort, nor any exclusive privileges, nor does it authorize any
injury to private property nor any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations.
9.11 Severability
The provisions of this permit are severable, and if any provision
of this permit, or the application of any provision of this permit to
any circumstance, is held invalid, the application of such provision to
other circumstances, and the remainder of this permit shall not be
affected thereby.
9.12 Requiring Coverage Under an Individual Permit or an
Alternative General Permit
9.12.1 Eligibility for this permit does not confer a vested right
to coverage under the permit.
The Director may require any person authorized by this permit to
apply for and/or obtain either an individual NPDES permit or an
alternative NPDES general permit. Any interested person may petition
the Director to take action under this paragraph. Where the Director
requires a permittee authorized to discharge under this permit to apply
for an individual NPDES permit, the Director will notify you in writing
that a permit application is required. This notification will include a
brief statement of the reasons for this decision, an application form,
a statement setting a deadline for you to file the application, and a
statement that on the effective date of issuance or denial of the
individual NPDES permit or the alternative general permit as it applies
to the individual permittee, coverage under this general permit will
automatically terminate. Applications must be submitted to the
appropriate Regional Office indicated in Part 8.3 of this permit. The
Director may grant additional time to submit the application upon
request of the applicant. If a permittee fails to submit in a timely
manner an individual NPDES permit application as required by the
Director under this paragraph, then the applicability of this permit to
the individual NPDES permittee is automatically terminated at the end
of the day specified by the Director for application submittal.
9.12.2 Any permittee authorized by this permit may request to be
excluded from the coverage of this permit by applying for an individual
permit. In such cases, you must submit an individual application in
accordance with the requirements of 40 CFR 122.26(c)(1)(ii), with
reasons supporting the request, to the Director at the address for the
appropriate Regional
[[Page 64855]]
Office indicated in Part 8.3 of this permit. The request may be granted
by issuance of any individual permit or an alternative general permit
if the reasons cited by you are adequate to support the request.
9.12.3 When an individual NPDES permit is issued to a permittee
otherwise subject to this permit, or the permittee is authorized to
discharge under an alternative NPDES general permit, the applicability
of this permit to the individual NPDES permittee is automatically
terminated on the effective date of the individual permit or the date
of authorization of coverage under the alternative general permit,
whichever the case may be. When an individual NPDES permit is denied to
an owner or operator otherwise subject to this permit, or the owner or
operator is denied for coverage under an alternative NPDES general
permit, the applicability of this permit to the individual NPDES
permittee is automatically terminated on the date of such denial,
unless otherwise specified by the Director.
9.12.4 The Director's notification that coverage under an
alternative permit is required does not imply that any discharge that
did not or does not meet the eligibility requirements of Part 1.2 is or
has been covered by this permit.
9.13 State/Tribal Environmental Laws
9.13.1 Nothing in this permit will be construed to preclude the
institution of any legal action or relieve you from any
responsibilities, liabilities, or penalties established pursuant to any
applicable State/Tribal law or regulation under authority preserved by
section 510 of the Act.
9.13.2 No condition of this permit releases you from any
responsibility or requirements under other environmental statutes or
regulations.
9.14 Proper Operation and Maintenance
You must at all times properly operate and maintain all facilities
and systems of treatment and control (and related appurtenances) which
are installed or used by you to achieve compliance with the conditions
of this permit and with the requirements of Storm Water Pollution
Prevention Plans. Proper operation and maintenance also includes
adequate laboratory controls and appropriate quality assurance
procedures. Proper operation and maintenance requires the operation of
backup or auxiliary facilities or similar systems, installed by a
permittee only when necessary to achieve compliance with the conditions
of this permit.
9.15 Inspection and Entry
You must allow the Director or an authorized representative of EPA,
the State/Tribe, or, in the case of a facility which discharges through
a municipal separate storm sewer, an authorized representative of the
municipal owner/operator or the separate storm sewer receiving the
discharge, upon the presentation of credentials and other documents as
may be required by law, to:
9.15.1 Enter upon the your premises where a regulated facility or
activity is located or conducted or where records must be kept under
the conditions of this permit;
9.15.2 Have access to and copy at reasonable times, any records
that must be kept under the conditions of this permit; and
9.15.3 Inspect at reasonable times any facilities or equipment
(including monitoring and control equipment).
9.16 Monitoring and Records
9.16.1 Representative Samples/Measurements. Samples and
measurements taken for the purpose of monitoring must be representative
of the monitored activity.
9.16.2 Retention of Records.
9.16.2.1 You must retain records of all monitoring information,
and copies of all monitoring reports required by this permit for at
least three (3) years from the date of sample, measurement, evaluation
or inspection, or report. This period may be extended by request of the
Director at any time. Permittees must submit any such records to the
Director upon request.
9.16.2.2 You must retain the Storm Water Pollution Prevention Plan
developed in accordance with Part 4 of this permit, including the
certification required under Section 2.2.4.3 of this permit, for at
least 3 years after the last modification or amendment is made to the
plan.
9.16.3 Records Contents. Records of monitoring information must
include:
9.16.3.1 The date, exact place, and time of sampling or
measurements;
9.16.3.2 The initials or name(s) of the individual(s) who
performed the sampling or measurements;
9.16.3.3 The date(s) analyses were performed;
9.16.3.4 The time(s) analyses were initiated;
9.16.3.5 The initials or name(s) of the individual(s) who
performed the analyses;
9.16.3.6 References and written procedures, when available, for
the analytical techniques or methods used; and
9.16.3.7 The results of such analyses, including the bench sheets,
instrument readouts, computer disks or tapes, etc., used to determine
these results.
9.16.4 Approved Monitoring Methods. Monitoring must be conducted
according to test procedures approved under 40 CFR Part 136, unless
other test procedures have been specified in this permit.
9.17 Permit Actions
This permit may be modified; revoked and reissued; or terminated
for cause. Your filing of a request for a permit modification;
revocation and reissuance; or your submittal of a notification of
planned changes or anticipated non-compliance does not automatically
stay any permit condition.
10. Reopener Clause
10.1 Water Quality Protection
If there is evidence indicating that the storm water discharges
authorized by this permit cause, have the reasonable potential to
cause, or contribute to a violation of a water quality standard, you
may be required to obtain an individual permit or an alternative
general permit in accordance with Part 3.3 of this permit, or the
permit may be modified to include different limitations and/or
requirements.
10.2 Procedures for Modification or Revocation
Permit modification or revocation will be conducted according to 40
CFR 122.62, 122.63, 122.64 and 124.5.
11. Transfer or Termination of Coverage
11.1 Transfer of Permit Coverage
Automatic transfers of permit coverage under 40 CFR 122.61(b) are
not allowed for this general permit.
11.1.1 Transfer of coverage from one operator to a different
operator (e.g., facility sold to a new company): the new owner/operator
must complete and file an NOI in accordance with Part 1.3 at least 2
days prior to taking over operational control of the facility. The old
owner/operator must file an NOT (Notice of Termination) within thirty
(30) days after the new owner/operator has assumed responsibility for
the facility.
11.1.2 Simple name changes of the permittee (e.g., Company ``A''
changes name to ``ABC, Inc.'' or Company ``B'' buys out Company ``A'')
may be done by filing an amended NOI referencing the facility's
assigned permit number and requesting a simple name change.
[[Page 64856]]
11.2 Notice of Termination (NOT)
You must submit a completed Notice of Termination (NOT) that is
signed in accordance with Part 9.7 when one or more of the conditions
contained in Part 1.4 (Terminating Coverage) have been met. The NOT
form found in Addendum E will be used unless it has been replaced by a
revised version by the Director. The Notice of Termination must include
the following information:
11.2.1 The NPDES permit number for the storm water discharge
identified by the Notice of Termination;
11.2.2 An indication of whether the storm water discharges
associated with industrial activity have been eliminated (i.e.,
regulated discharges of storm water are being terminated); you are no
longer an operator of the facility; or you have obtained coverage under
an alternative permit;
11.2.3 The name, address and telephone number of the permittee
submitting the Notice of Termination;
11.2.4 The name and the street address (or a description of
location if no street address is available) of the facility for which
the notification is submitted;
11.2.5 The latitude and longitude of the facility; and
11.2.6 The following certification, signed in accordance with Part
9.7 (signatory requirements) of this permit. For facilities with more
than one permittee and/or operator, you need only make this
certification for those portions of the facility where the you were
authorized under this permit and not for areas where the you were not
an operator:
I certify under penalty of law that all storm water discharges
associated with industrial activity from the identified facility
that authorized by a general permit have been eliminated or that I
am no longer the operator of the facility or construction site. I
understand that by submitting this notice of termination, I am no
longer authorized to discharge storm water associated with
industrial activity under this general permit, and that discharging
pollutants in storm water associated with industrial activity to
waters of the United States is unlawful under the Clean Water Act
where the discharge is not authorized by a NPDES permit. I also
understand that the submittal of this Notice of Termination does not
release an operator from liability for any violations of this permit
or the Clean Water Act.
11.3 Addresses
All Notices of Termination must be submitted using the form
provided by the Director (or a photocopy thereof) to the address
specified on the NOT form.
11.4 Facilities Eligible for ``No Exposure'' Exemption for Storm
Water Permitting
By filing a certification of ``No Exposure'' under 40 CFR
122.26(g), you are automatically removed from permit coverage and a NOT
to terminate permit coverage is not required.
12. Definitions
Best Management Practices (BMPs) means schedules of activities,
prohibitions of practices, maintenance procedures, and other management
practices to prevent or reduce the discharge of pollutants to waters of
the United States. BMPs also include treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or
leaks, sludge or waste disposal, or drainage from raw material storage.
Commencement of Construction the initial disturbance of soils
associated with clearing, grading, or excavating activities or other
construction activities.
Control Measure as used in this permit, refers to any Best Management
Practice or other method (including effluent limitations) used to
prevent or reduce the discharge of pollutants to waters of the United
States.
CWA means the Clean Water Act or the Federal Water Pollution Control
Act, 33 U.S.C. 1251 et seq.
Director means the Regional Administrator of the Environmental
Protection Agency or an authorized representative.
Discharge when used without qualification means the ``discharge of a
pollutant.''
Discharge of Storm Water Associated with Construction Activity as used
in this permit, refers to a discharge of pollutants in storm water
runoff from areas where soil disturbing activities (e.g., clearing,
grading, or excavation), construction materials or equipment storage or
maintenance (e.g., fill piles, borrow areas, concrete truck washout,
fueling), or other industrial storm water directly related to the
construction process (e.g., concrete or asphalt batch plants) are
located. (See 40 CFR 122.26(b)(14)(x) and 40 CFR 122.26(b)(15) for the
two regulatory definitions on regulated storm water associated with
construction sites).
Discharge of Storm Water Associated with Industrial Activity is defined
at 40 CFR 122.26(b)(14).
Facility or Activity means any NPDES ``point source'' or any other
facility or activity (including land or appurtenances thereto) that is
subject to regulation under the NPDES program.
Flow-Weighted Composite Sample means a composite sample consisting of a
mixture of aliquots collected at a constant time interval, where the
volume of each aliquot is proportional to the flow rate of the
discharge.
Indian country, as defined in 18 USC 1151, means: (a) 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; (b) all
dependent Indian communities within the borders of the United States
whether within the original or subsequently acquired territory thereof,
and whether within or without the limits of a state; and (c) all Indian
allotments, the Indian titles to which have not been extinguished,
including rights-of-way running through the same. This definition
includes all land held in trust for an Indian tribe.
Industrial Activity as used in this permit refers to the eleven
categories of industrial activities included in the definition of
``discharges of storm water associated with industrial activity''.
Industrial Storm Water as used in this permit refers to storm water
runoff associated with the definition of ``discharges of storm water
associated with industrial activity''.
Large and Medium Municipal Separate Storm Sewer Systems are defined at
40 CFR 122.26(b)(4) and (7), respectively and means all municipal
separate storm sewers that are either:
1. Located in an incorporated place (city) with a population of
100,000 or more as determined by the 1990 Census by the Bureau of
Census (these cities are listed in Appendices F and G of 40 CFR 122);
or
2. Located in the counties with unincorporated urbanized
populations of 100,000 or more, except municipal separate storm sewers
that are located in the incorporated places, townships or towns within
such counties (these counties are listed in Appendices H and I of 40
CFR 122); or
3. Owned or operated by a municipality other than those described
in paragraph (i) or (ii) and that are designated by the Director as
part of the large or medium
[[Page 64857]]
municipal separate storm sewer system.
Municipal Separate Storm Sewer is defined at 40 CFR 122.26.
No exposure means that all industrial materials or activities are
protected by a storm resistant shelter to prevent exposure to rain,
snow, snowmelt and/or runoff.
NOI means Notice of Intent to be covered by this permit (see Part 2 of
this permit.)
NOT means Notice of Termination (see Part 11.2 of this permit).
Owner or operator means the owner or operator of any ``facility or
activity'' subject to regulation under the NPDES program.
Point source means any discernible, confined, and discrete conveyance,
including but not limited to, 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.
This term does not include return flows from irrigated agriculture or
agricultural storm water runoff.
Pollutant is defined at 40 CFR 122.2. A partial listing from this
definition includes: dredged spoil, solid waste, sewage, garbage,
sewage sludge, chemical wastes, biological materials, heat, wrecked or
discarded equipment, rock, sand, cellar dirt, and industrial or
municipal waste.
Runoff coefficient means the fraction of total rainfall that will
appear at the conveyance as runoff.
Special Aquatic Sites, as defined at 40 CFR 230.3(q-1), means those
sites identified in 40 CFR 230 Subpart E. They are geographic areas,
large or small, possessing special ecological characteristics of
productivity, habitat, wildlife protection, or other important and
easily disrupted ecological values. These areas are generally
recognized as significantly influencing or positively contributing to
the general overall environmental health or vitality of the entire
ecosystem of a region. (See 40 CFR 230.10(a)(3)).
Storm Water means storm water runoff, snow melt runoff, and surface
runoff and drainage.
Storm Water Associated with Industrial Activity refers to storm water,
that if allowed to discharge, would constitute a ``discharge of storm
water associated with industrial activity'' as defined at 40 CFR
122.26(b)(14) and incorporated here by reference.
Waters of the United States means:
1. All waters which are currently used, were used in the past, or
may be susceptible to use in interstate or foreign commerce, including
all waters which are subject to the ebb and flow of the tide;
2. All interstate waters, including interstate ``wetlands'';
3. All other waters such as interstate 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:
a. Which are or could be used by interstate or foreign travelers
for recreational or other purposes;
b. From which fish or shellfish are or could be taken and sold in
interstate or foreign commerce; or
c. Which are used or could be used for industrial purposes by
industries in interstate commerce;
4. All impoundments of waters otherwise defined as waters of the
United States under this definition;
5. Tributaries of waters identified in paragraphs (1) through (4)
of this definition;
6. The territorial sea; and
7. Wetlands adjacent to waters (other than waters that are
themselves wetlands) identified in paragraphs 1. through 6. of this
definition.
Waste treatment systems, including treatment ponds or lagoons
designed to meet the requirements of the CWA (other than cooling ponds
for steam electric generation stations per 40 CFR 423) which also meet
the criteria of this definition) are not waters of the United States.
Waters of the United States do not include prior converted cropland.
Notwithstanding the determination of an area's status as prior
converted cropland by any other federal agency, for the purposes of the
Clean Water Act, the final authority regarding Clean Water Act
jurisdiction remains with EPA.
You and Your as used in this permit is intended to refer to the
permittee, the operator, or the discharger as the context indicates and
that party's facility or responsibilities. The use of ``you'' and
``your'' refers to a particular facility and not to all facilities
operated by a particular entity. For example, ``you must submit'' means
the permittee must submit something for that particular facility.
Likewise, ``all your discharges'' would refer only to discharges at
that one facility.
13. Permit Conditions Applicable to Specific States, Indian
Country Lands, or Territories
The provisions of Part 13 provide modifications or additions to the
applicable conditions of Parts 1 through 12 of this permit to reflect
specific additional conditions required as part of the State or Tribal
CWA Section 401 certification process, or Coastal Zone Management Act
certification process, or as otherwise established by the permitting
authority. The additional revisions and requirements listed below are
set forth in connection with, and only apply to, the following States,
Indian country lands and Federal facilities.
13.1 Region 1
13.1.1 CTR05*##I: Indian country lands within the State of
Connecticut.
13.1.2 MAR05*###: Commonwealth of Massachusetts, except Indian
country lands.
13.1.2.1 Discharges covered by the general permit must comply with
the provisions of 314 CMR 3.00; 314 CMR 4.00; 314 CMR 9.00; and 310 CMR
10.00 and any other related policies adopted under the authority of the
Massachusetts Clean Waters Act, M.G.L. c.21, ss. 26-53 and Wetlands
Protection Act, M.G.L., s.40. Specifically, new facilities or the
redevelopment of existing facilities subject to this permit must comply
with applicable storm water performance standards prescribed by state
regulation or policy. A permit under 314 CMR 3.04 is not required for
existing facilities which meet state storm water performance standards.
An application for a permit under 314 CMR 3.00 is required only when
required under 314 CMR 3.04(2)(b) (designation of a discharge on a
case-by-case basis) or is otherwise identified in 314 CMR 3.00 or
Department policy as a discharge requiring a permit application.
Department regulations and policies may be obtained through the State
House Bookstore or online at www.magnet.state.ma.us/dep.
13.1.2.2 The department may request a copy of the Storm Water
Pollution Prevention Plan (SWPPP) or conduct an inspection of any
facility covered by this permit to ensure compliance with state law
requirements, including state water quality standards. The Department
may enforce its certification conditions.
13.1.2.3 The results of any quarterly monitoring required by this
permit must be sent to the appropriate Regional
[[Page 64858]]
Office of the Department where the monitoring identifies violations of
effluent limits or benchmarks for any parameter for which monitoring is
required under this permit.
13.1.3 MAR05*##I: Indian country lands within the Commonwealth of
Massachusetts.
13.1.4 MER05*###: State of Maine, except Indian country lands.
13.1.5 MER05*##I: Indian country lands within the State of Maine.
13.1.6 NHR05*###: State of New Hampshire.
13.1.7 RIR05*##I: Indian country lands within the State of Rhode
Island.
13.1.8 VTR05*##F: Federal Facilities in the State of Vermont.
13.2. Region 2
13.2.1 PRR05*###: The Commonwealth of Puerto Rico. No additional
requirements
13.3 Region 3
13.3.1 DCR05*###: The District of Columbia.
13.3.2 DER05*##F: Federal Facilities in the State of Delaware.
13.4 Region 4
13.4.1 ALR05*##I: Indian country lands within the State of
Alabama.
13.4.2 FLR05*##I: Indian country lands within the State of
Florida.
13.4.3 MSR05*##I: Indian country lands within the State of
Mississippi.
13.4.4 NCR05*##I: Indian country lands within the State of North
Carolina.
13.5 Region 5
Permit coverage not available.
13.6 Region 6
13.6.1 LAR05*##I: Indian Country lands within the State of
Louisiana. No additional requirements.
13.6.2 NMR05*###: The State of New Mexico, except Indian Country
lands.
13.6.2.1 Discharges to Water Quality Impaired/Water Quality
Limited Waters: Any operator who intends to obtain authorization under
the MSGP for all new and existing storm water discharges to water
quality-impaired (303(d)) waters (see http://www.nmenv.state.nm.us/)
from facilities where there is a reasonable potential to contain
pollutants for which the receiving water is impaired must satisfy the
following conditions prior to the authorization. Signature of the NOI
(which includes certifying eligibility for permit coverage) will be
deemed the operator's certification that this eligibility requirement
has been satisfied.
13.6.2.1.1 Prior to submitting a Notice of Intent (NOI) for
coverage under the MSGP, provide an estimate of pollutant loads in
storm water discharges from the facility to the New Mexico Environment
Department, Surface Water Quality Bureau (SWQB). This estimate must
include the documentation upon which the estimate is based (e.g.,
sampling data from the facility, sampling data from substantially
identical outfalls at similar facilities, modeling, etc.). Existing
facilities must base this estimate on actual analytical data, if
available.
13.6.2.1.2 Eligibility Requirements for New Discharges.
13.6.2.1.2.1 If a Total Maximum Daily Load (TMDL) has been
developed, permit coverage is available only if the operator has
received notice from the SWQB confirming eligibility.
Note: Following receipt of the information required under Part
13.6.2.1.1, SWQB anticipates using the following process in making
eligibility determinations for new discharges into 303(d) waters
where a TMDL has been developed:
SWQB will notify the facility operator and EPA that the
estimated pollutant load is consistent with the TMDL and that the
proposed storm water discharges meet the eligibility requirements of
Part 1.2.3.8 of the MSGP and may be authorized under this NPDES permit;
or
SWQB will notify the facility operator and EPA that the
estimated pollutant load is not consistent with the TMDL and that the
proposed storm water discharges do not meet the eligibility
requirements of Part 1.2.3.8 of the MSGP and can not be authorized
under this NPDES permit.
13.6.2.1.2.2 If a Total Maximum Daily Load (TMDL) has not been
developed, permit coverage is not available under this permit for
discharges to 303(d) waters and the operator must seek coverage under a
separate permit.
Note: Following receipt of the information required under Part
13.6.2.1.1, SWQB anticipates using the following process in making
eligibility determinations for new discharges into 303(d) waters
where a TMDL has not yet been developed: SWQB will notify the
facility operator and EPA that the proposed storm water discharges
do not meet the eligibility requirements of Part 1.2.3.8 of the MSGP
and can not be authorized under this NPDES permit.
13.6.2.1.3 Eligibility Requirements for Existing Discharges:
13.6.2.1.3.1 If a Total Maximum Daily Load (TMDL) has been
developed, permit coverage is available only if the operator has
received notice from the SWQB confirming eligibility.
Note: Following receipt of the information required under Part
13.6.2.1.1, SWQB anticipates using the following process in making
eligibility determinations for existing discharges into 303(d)
waters where a TMDL has been developed:
SWQB will notify the facility operator and EPA that the
estimated pollutant load is consistent with the TMDL and that the
proposed storm water discharges meet the eligibility requirements of
Part 1.2.3.8 of the MSGP and may be authorized under this NPDES
permit; or
SWQB will notify the facility operator and EPA that the
estimated pollutant load is not consistent with the TMDL and that
the proposed storm water discharges do not meet the eligibility
requirements of Part 1.2.3.8 of the MSGP and can not be authorized
under this NPDES permit.
13.6.2.1.3.2 If a Total Maximum Daily Load (TMDL) has not been
developed at the time of permit authorization, but is later developed
during the term of this permit and identifies existing permitted
discharges as having a reasonable potential to contain pollutants for
which the receiving water is impaired, these discharges shall no longer
be authorized by this permit unless, following notification by the
SWQP:
The operator completes revisions to his/her Storm Water
Pollution Prevention Plan (SWPPP) to include additional and/or modified
Best Management Practices (BMPs) designed to comply with any applicable
Waste Load Allocation (WLA) established his/her discharges within 14
calendar days following notification by SWQB; and
The operator implements the additional and/or modified
BMPs before the next anticipated discharge following revision of the
SWPPP; and
A report is submitted to SWQB which documents actions
taken to comply with this condition, including estimated pollutant
loads, within 30 calendar days following implementation of the
additional and/or modified BMPs.
13.6.2.1.4 Additional Monitoring--perform analytical monitoring
for each outfall at least annually for any pollutant(s) for which the
303(d) water is impaired where there is a reasonable potential for
discharges to contain any or all of these pollutants. Submit monitoring
results to SWQB within 45 calendar days following sample collection.
These monitoring requirements are not eligible for any waivers listed
elsewhere in the permit.
13.6.2.2 Permit Eligibility Regarding Protection of Water Quality
Standards and Compliance with State Anti-degradation Requirements:
Storm water discharges associated with industrial activity to 303(d)
waters as well as all other ``waters of the State'' that SWQB has
determined to be or may reasonably be expected to be contributing to a
violation of a water quality standard
[[Page 64859]]
and/or that do not comply with the applicable anti-degradation
provisions of the State's WQS are not authorized by this permit.
Note: Upon receipt of this determination, NMED anticipates that,
within a reasonable period of time, EPA will notify the general
permittee to apply for and obtain an individual NPDES permit for
these discharges per 40 CFR 122.28(b)(3).
13.6.2.3 Signed Copies of discharge monitoring reports, individual
permit applications, the data and reports addressed in Part 13.6.2.1,
and all other reports required herein, shall be submitted to the
appropriate state office address: New Mexico--Program Manager, Point
Source Regulation Section, Surface Water Quality Bureau, New Mexico
Environment Department, P.O. Box 26110, Santa Fe, New Mexico 87502.
13.6.3. NMR05*##I: Indian Country lands in the State of New
Mexico, except Navajo Reservation lands (see Region 9) and Ute Mountain
Reservation lands (see Region 8).
13.6.3.1 Pueblo of Isleta The following conditions apply only to
discharges on the Pueblo of Isleta.
13.6.3.1.1 Copies of ``Certification of Eligibility of Coverage''
under Part 1.2.3.6.3 (Endangered Species) and Part 1.2.3.7 (Historical
Properties), and their justifications, must be provided to the Tribe 10
days prior to filing the Notice of Intent (NOI).
13.6.3.1.2 A copy of the Storm Water Pollution Prevention Plan
(SWPPP) must be provided to the Tribe 5 days prior to filing the NOI.
13.6.3.1.3 A copy of the NOI must be provided to the Tribe at the
same time it is sent to the Environmental Protection Agency.
13.6.3.1.4 A copy of the Notice of Termination (NOT) must be
provided to the Tribe at the same time it is sent to the Environmental
Protection Agency.
13.6.3.1.5 Any notice of release of hazardous substances (Part
3.1.2) shall also be sent to the Tribe at the same time it is sent to
the Environmental Protection Agency. Notification of a release of
hazardous substances shall also be made to the Pueblo's Police
Department (505-869-3030) or Governor's Office (505-869-3111) or
Environment Department (505-869-5748).
13.6.3.1.6 Copies of all ``Routine Inspection Reports: (Part
4.2.7.2.1.5) and ``Comprehensive Inspection Reports'' (Part 4.9) shall
be sent to the Tribe within 5 days of completion.
13.6.3.1.7 All analytical data (e.g., Discharge Monitoring
Reports, etc.) shall be provided to the Tribe at the same time it is
provided to the EPA.
13.6.3.1.8 Exceedance of any EPA-established ``Benchmark Value''
for any pollutant will require quarterly monitoring for that pollutant
until such time as analytical results from 4 consecutive quarters are
below the ``Benchmark.''
13.6.3.1.9 Any permittee in Sector F shall monitor for all Clean
Water Act Section 307(a) priority pollutants used in any of their
processes. Monitoring shall be on a quarterly basis.
13.6.3.1.10 Any permittee in Sector M shall monitor for total oil
& grease, glycols, and those solvents regulated under Safe Drinking
Water Act mandates at 40 CFR 141.61(a) in addition to those parameters
identified in Table M-1. Monitoring shall be on a quarterly basis.
13.6.3.1.11 Any permittee in Sector N shall monitor for PCBs in
addition to those parameters identified in Table N-1. Monitoring shall
be on a quarterly basis.
13.6.3.1.12 All written reports shall be sent to: Director,
Environment Department, Pueblo of Isleta, Isleta, NM 87022.
13.6.3.2 Pueblo of Nambe. The following conditions apply only to
discharges on the Pueblo of Nambe.
No additional requirements.
13.6.3.3 Pueblo of Picuris. The following conditions apply only to
discharges on the Pueblo of Picuris.
13.6.3.4 Pueblo of Pojoaque. The following conditions apply only
to discharges on the Pueblo of Pojoaque.
13.6.3.4.1 Notices of Intent (NOI) and notices of Termination
(NOT) shall be submitted to the Pueblo of Pojoaque Environment
Department at the same time they are submitted to EPA.
13.6.3.4.2 Storm Water Pollution Prevention Plans (SWPPP) shall be
submitted to the Pueblo of Pojoaque Environment Department 30 days
before commencement of the project.
13.6.3.4.3 If requested by the Pueblo of Pojoaque Environment
Department (PPED), the permittee shall provide additional information
necessary for a ``case by case'' eligibility determination to assure
compliance with Pojoaque Pueblo Water Quality Standards.
Note: Upon receipt of an determination by the Pueblo of Pojoaque
that discharges from a facility have the reasonable potential to be
causing or contributing to a violation of Pojoaque Pueblo Water
Quality Standards, EPA would notify the general permittee to either
improve their Storm Water Pollution Prevention Plan to achieve
compliance with Pojoaque Pueblo Water Quality Standards or apply for
and obtain an individual NPDES permit for these discharges per 40
CFR 122.28(b)(3).
13.6.3.4.4 All written reports shall be sent to: Pueblo of
Pojoaque Environment Department, 2 W. Gutierrez, Santa Fe, NM 87501;
Phone (505) 455-2087; FAX (505) 455-2177.
13.6.3.5 Pueblo of San Juan. The following conditions apply only
to discharges on the Pueblo of San Juan.
13.6.3.5.1 Copies of the Notice of Intent (NOI) and Notice of
Termination (NOT) shall be provided to the Pueblo five (5) days prior
to the time it is provided to the Environmental Protection Agency. A
copy of the Storm Water Pollution Prevention Plan shall be provided to
the Pueblo five (5) days prior to the time the NOI is submitted to the
Environmental Protection Agency.
13.6.3.5.2 All analytical data (e.g., Discharge Monitoring
Reports, etc.) shall be provided to the Pueblo at the same time it is
provided to the Environmental Protection Agency. Monitoring activities
must be coordinated with the Director of the Environment Department to
insure consistency with the Pueblo of San Juan Surface Water Quality
Monitoring Program.
13.6.3.5.3 Copies of all written reports required under the permit
shall be sent to: Director, Environment Department, San Juan Pueblo,
P.O. Box 717, San Juan Pueblo, NM 87566. For questions or coordination,
you may contact the Director at (505) 852-4212.
13.6.3.6 Pueblo of Sandia. The following conditions apply only to
discharges on the Pueblo of Sandia.
13.6.3.6.1 Copies of the Notice of Intent (NOI) and Notice of
Termination (NOT) shall be provided to the Pueblo at the same time it
is provided to the Environmental Protection Agency. A copy of the Storm
Water Pollution Prevention Plan must also be provided to the Pueblo at
the time the NOI is submitted.
13.6.3.6.2 All analytical data (e.g., Discharge Monitoring
Reports, etc) shall be provided to the Pueblo at the same time it is
provided to the Environmental Protection Agency.
13.6.3.6.3 All written reports shall be sent to: Director,
Environment Department, Pueblo of Sandia, Box 6008, Bernalillo, NM
87004.
13.6.3.7 Pueblo of Tesuque. The following conditions apply only to
discharges on the Pueblo of Tesuque. No additional requirements.
13.6.3.8 Santa Clara Pueblo. The following conditions apply only
to discharges on the Santa Clara Pueblo. No additional requirements.
13.6.3.9 All Other Indian Country lands in New Mexico. No
additional requirements.
[[Page 64860]]
13.6.4. OKR05*##I: Indian Country lands within the State of
Oklahoma. No additional requirements.
13.6.5. OKR05*##F: Facilities in the State of Oklahoma not under
the jurisdiction of the Oklahoma Department of Environmental Quality,
except those on Indian Country lands.
13.6.5.1 Ineligible Discharges to the Oklahoma Scenic Rivers
System and Outstanding Resource Waters--New or proposed discharges to
the Oklahoma Scenic Rivers System, including the Illinois River, Flint
Creek, Barren Fork Creek, Mountain Fork, Little Lee Creek, and Big Lee
Creek or to any water designated an ``Outstanding Resource Water''
(ORW) in Oklahoma's Water Quality Standards are not eligible for
coverage under the MSGP. Existing discharges of storm water in these
watersheds may be permitted under the MSGP only from point sources
existing as of June 25, 1992, whether or not such storm water
discharges were permitted as point sources prior to June 25, 1992.
13.6.6. TXR05*###: The State of Texas, except Indian Country
lands. 13.6.6.1 The following limitations, independently required
under the Texas Water Quality Standards (31 TAC 319.22 and 319.23),
apply to discharges authorized by the permit:
13.6.6.1.1 All Discharges to Inland Waters: The maximum allowable
concentrations of each of the hazardous metals, stated in terms of
milligrams per liter (mg/l), for discharges to inland waters are as
follows:
----------------------------------------------------------------------------------------------------------------
Monthly Daily
Total metal average composite Single grab
----------------------------------------------------------------------------------------------------------------
Arsenic............................................................ 0.1 0.2 0.3
Barium............................................................. 1.0 2.0 4.0
Cadmium............................................................ 0.05 0.1 0.2
Chromium........................................................... 0.5 1.0 5.0
Copper............................................................. 0.5 1.0 2.0
Lead............................................................... 0.5 1.0 1.5
Manganese.......................................................... 1.0 2.0 3.0
Mercury............................................................ 0.005 0.005 0.01
Nickel............................................................. 1.0 2.0 3.0
Selenium........................................................... 0.05 0.1 0.2
Silver............................................................. 0.05 0.1 0.2
Zinc............................................................... 1.0 2.0 6.0
----------------------------------------------------------------------------------------------------------------
13.6.6.1.2All Discharges to Tidal Waters: The maximum allowable
concentrations of each of the hazardous metals, stated in terms of
milligrams per liter (mg/l), for discharges to tidal waters are as
follows:
----------------------------------------------------------------------------------------------------------------
Monthly Daily
Total metal average composite Single grab
----------------------------------------------------------------------------------------------------------------
Arsenic............................................................ 0.1 0.2 0.3
Barium............................................................. 1.0 2.0 4.0
Cadmium............................................................ 0.1 0.2 0.3
Chromium........................................................... 0.5 1.0 5.0
Copper............................................................. 0.5 1.0 2.0
Lead............................................................... 0.5 1.0 1.5
Manganese.......................................................... 1.0 2.0 3.0
Mercury............................................................ 0.005 0.005 0.01
Nickel............................................................. 1.0 2.0 3.0
Selenium........................................................... 0.10 0.2 0.3
Silver............................................................. 0.05 0.1 0.2
Zinc............................................................... 1.0 2.0 6.0
----------------------------------------------------------------------------------------------------------------
13.6.6.1.3 Definitions:
Inland Waters--all surface waters in the State other than ``tidal
waters'' as defined below.
Tidal Waters--those waters of the Gulf of Mexico within the
jurisdiction of the State of Texas, bays and estuaries thereto, and
those portions of the river systems which are subject to the ebb and
flow of the tides, and to the intrusion of marine waters.
13.6.7. TXR05*##I: Indian Country lands within the State of Texas.
No additional requirements.
13.7. Region 7. Permit Coverage Not Available.
13.8. Region 8.
13.8.1. COR05*##F: Federal Facilities in the State of Colorado,
except those located on Indian country lands.
13.8.2. COR05*##I: Indian country lands within the State of
Colorado, including the portion of the Ute Mountain Reservation located
in New Mexico.
13.8.3. MTR05*##I: Reserved
13.8.4. NDR05*##I: Indian country lands within the State of North
Dakota, including that portion of the Standing Rock Reservation located
in South Dakota except for the Lake Traverse Reservation which is
covered under South Dakota permit SDR05*##I listed below.
13.8.5. SDR05*##I: Indian country lands within the State of South
Dakota, including the portion of the Pine Ridge Reservation located in
Nebraska and the portion of the Lake Traverse Reservation located in
North Dakota except for the Standing Rock Reservation which is covered
under North Dakota permit NDR05*##I listed above.
13.8.6. UTR05*##I: Indian country lands in the State of Utah,
except Goshute and Navajo reservation lands (see Region 9).
13.8.7. WYR05*##I: Indian country lands in the State of Wyoming.
13.9. Region 9.
13.9.1. ASR05*###: The Island of American Samoa.
13.9.1.1. Copies of NOIs shall also be submitted to the American
Samoa Environmental Protection Agency at the following address
concurrently with NOI submittal to EPA: American Samoa Environmental
Protection Agency, Executive Office Building, Pago Pago, American Samoa
96799.
13.9.1.2. Updated storm water pollution prevention plans must be
[[Page 64861]]
submitted to the American Samoa Environmental Protection Agency at the
following address for review and approval as soon as they are
completed: American Samoa Environmental Protection Agency, Executive
Office Building, Pago Pago, American Samoa 96799.
13.9.2. AZR05*###: The State of Arizona, except Indian country
lands.
13.9.2.1. Discharges authorized by this permit shall not cause or
contribute to a violation of any applicable water quality standard of
the State of Arizona (Arizona Administrative Code, Title 18, Chapter
11).
13.9.2.2. Notices of Intent (NOIs) shall also be submitted to the
State of Arizona Department of Environmental Quality at the following
address: Storm Water Coordinator, Arizona Department of Environmental
Quality, 3033 N. Central Avenue, Phoenix, Arizona 85012. NOIs submitted
to the State of Arizona shall include the well registration number if
storm water associated with industrial activity is discharged to a dry
well or an injection well.
13.9.2.3. Notices of Termination (NOTs) shall also be submitted to
the State of Arizona Department of Environmental Quality at the
following address: Storm Water Coordinator, Arizona Department of
Environmental Quality, 3033 N. Central Avenue, Phoenix, Arizona 85012.
13.9.2.4. For facilities which submit a no exposure certification
in accordance with Part 1.5 of the permit, the operator shall submit a
copy of the no exposure certification to the State of Arizona
Department of Environmental Quality at the following address: Storm
Water Coordinator, Arizona Department of Environmental Quality, 3033 N.
Central Avenue, Phoenix, Arizona 85012.
13.9.2.5. SARA Section 313 (Community Right to Know) facilities
shall have the following requirement: Liquid storage areas for Section
313 water priority chemicals shall be operated to minimize discharges
of such chemicals. Appropriate measures to minimize discharges of
Section 313 chemicals shall include: provision of secondary containment
for at least the entire contents of the largest tank plus sufficient
freeboard to allow for the 25-year, 24-hour precipitation event; a
strong spill contingency and integrity testing plan, and/or other
equivalent measures.
13.9.2.6. Delineation of Facility Areas Within the 100-Year
Floodplain. All facilities or any portion of a facility that is located
at or within the 100-year floodplain shall be delineated on the site
map. The base flood elevation, if known, shall also be reported.
13.9.2.7. Facilities subject to monitoring and reporting
requirements shall also submit Discharge Monitoring Report Form(s)
(DMR) and other required monitoring information to the State of Arizona
Department of Environmental Quality at the following address: Storm
Water DMR Coordinator, Arizona Department of Environmental Quality,
3033 N. Central Avenue Phoenix, Arizona 85012.
13.9.2.8. The term ``Significant Sources of Non-Storm Water''
includes, but is not limited to discharges which could cause or
contribute to violations of water quality standards of the State of
Arizona, and discharges which could include releases of oil or
hazardous substances in excess of reportable quantities under Section
311 of the Clean Water Act (see 40 CFR 110.10 and CFR 117.21) or
Section 102 of CERCLA (see CFR 302.4).
13.9.2.9. The term ``Base Flood Elevation'' as defined by Federal
Emergency Management Agency (FEMA) is the height of the base (100-year)
flood in relation to a specified datum, usually the National Geodetic
Vertical Datum of 1929 of North American Vertical Datum of 1988. This
is the elevation of the 100-year flood waters relative to ``mean sea
level.''
13.9.2.10. The term ``100-year flood'' means the flood having a
one percent chance of being equaled or exceeded in magnitude in any
given year.
13.9.2.11. The term ``100-year floodplain'' means that area
adjoining a river, stream, or watercourse covered by water in the event
of a 100-year flood.
13.9.3. AZR05*##I: Indian country lands within the State of
Arizona, including Navajo Reservation lands in New Mexico and Utah.
13.9.3.1. White Mountain Apache Tribe. The following condition
applies only on the White Mountain Apache Tribe: All NOIs for proposed
storm water discharge coverage shall be provided to the following
address: Tribal Environmental Planning Office, Attn: Brenda Pusher-
Begay, P.O. Box 1000, Whiteriver, AZ 85941.
13.9.4. CAR05*##I: Indian country lands within the State of
California No additional requirements.
13.9.5. GUR05*###: The Island of Guam.
13.9.5.1. Facilities ineligible for Multi-Sector General Permit
coverage which are required to submit an individual NPDES permit
application must send a copy to the following address at the time of
submittal to EPA: Guam Environmental Protection Agency, P.O. Box 22439
GMF, Barrigada, Guam 96921.
13.9.5.2. Copies of NOIs shall also be submitted to the following
address concurrently with NOI submittal to EPA: Guam Environmental
Protection Agency, P.O. Box 22439 GMF, Barrigada, Guam 96921.
13.9.5.3. Permittees required by the Director to submit an
individual NPDES permit application or alternative general NPDES permit
application must send a copy to the following address at the time of
submittal to EPA: Guam Environmental Protection Agency, P.O. Box 22439
GMF, Barrigada, Guam 96921.
13.9.6. JAR05*###: Johnston Atoll. No additional requirements.
13.9.7. MWR05*###: Midway Island and Wake Island. No additional
requirements.
13.9.8. NIR05*###: Commonwealth of the Northern Mariana Islands
(CNMI)
13.9.8.1. All conditions and requirements set forth in the USEPA
final NPDES MSGP must be complied with.
13.9.8.2. A storm water pollution prevention plan (SWPPP) for
storm water discharges associated with industrial activity must be
approved by the Director of the CNMI DEQ prior to the submission of the
NOI to USEPA. The CNMI address for the submittal of the SWPPP for
approval is: Commonwealth of the Northern Mariana Islands, Office of
the Governor, Director, Division of Environmental Quality (DEQ), P.O.
Box 501304 C.K., Saipan, MP 96950-1304.
13.9.8.3. An NOI to be covered by the storm water MSGP for
discharges associated with industrial activity must be submitted to
CNMI DEQ (use above address) and USEPA, Region 9, in the form
prescribed by USEPA, accompanied by a SWPPP approval letter from CNMI
DEQ.
13.9.8.4. The NOI must be postmarked seven (7) calendar days prior
to any stormwater discharges and a copy must be submitted to the
Director of CNMI DEQ (use above address) no later than seven (7)
calendar days prior to any stormwater discharges.
13.9.8.5. All monitoring reports required by the MSGP must be
submitted to CNMI DEQ (use above address).
13.9.8.6. In accordance with section 10.3(h) and (i) of CNMI water
quality standards, CNMI DEQ reserves the right to deny coverage under
the MSGP and to require submittal of an application for an individual
NPDES permit based on a review of the NOI or other information made
available to the Director.
[[Page 64862]]
13.9.9. NVR05*##I: Indian country lands within the State of
Nevada, including the Duck Valley Reservation in Idaho, the Fort
McDermitt Reservation in Oregon and the Goshute Reservation in Utah. No
additional requirements.
13.10. Region 10.
13.10.1. (The terms and conditions of the 1995 Multi-Sector
General Permit are effective for facilities in the State of Alaska
through February 9, 2001.)
13.10.2. AKR05*##I: Indian country Lands within the State of
Alaska.
13.10.3. IDR05*### The State of Idaho, except Indian country
lands.
13.10.4. IDR05*##I: Indian country lands within the State of
Idaho, except Duck Valley Reservation lands (see Region 9).
13.10.5. ORR05*##I: Indian country lands in the State of Oregon
except Fort McDermitt Reservation lands (see Region 9).
13.10.6. WAR05*##I: Indian country lands within the State of
Washington
13.10.6.1 Permittees on Chehalis Reservation lands must also meet
the following conditions:
1. The permittee shall be responsible for achieving compliance with
Confederated Tribes of Chehalis Reservation's Water Quality Standards,
and
2. The permittee shall be responsible for submitting all Storm
Water Pollution Prevention Plans to the Chehalis Tribal Department of
Natural Resources at the following address for review and approval
prior to the beginning of any discharge activities taking place:
Confederated Tribes of Chehalis Reservation, Department of Natural
Resources, 420 Howanut Road, Oakville, WA 98568.
13.10.6.2 Permittees on Puyallup Reservation lands must also meet
the following conditions:
1. The permittee shall be responsible for achieving compliance with
Puyallup Tribe's Water Quality Standards;
2. The permittee shall submit a copy of the Notice of Intent to be
covered by the general permit to the Puyallup Tribe Environmental
Department at the address listed below at the same time it is submitted
to U.S. EPA;
3. The permittee shall be responsible for submitting all Storm
Water Pollution Prevention Plans to the Puyallup Tribe Environmental
Department at the following address for review and approval prior to
the beginning of any discharge activities taking place: Puyallup Tribe
Environmental Department, 2002 East 28th Street, Tacoma, WA 98404.
13.10.7. WAR05*##F: Federal Facilities in the State of Washington,
except those located on Indian country lands.
13.10.7.1 Discharges authorized by this permit shall not cause or
contribute to a violation of any applicable water quality standard of
the State of Washington. These standards are found at Chapter 173-201A
WAC (Water Quality Standards for Surface Waters), Chapter 173-204 WAC
(Sediment Management Standards) and the National Toxics Rule for human
health standards (57 FR 60848-60923).
13.10.7.2 Any operator of a facility in Sectors A, D, E, F, G, H,
J, L, M, N, or U who intends to obtain authorization under the MSGP-
2000 for all new and existing storm water discharges must conduct and
report benchmark monitoring for turbidity with a cutoff concentration
of 50 NTU.
Addendum A--Endangered Species Guidance
I. Assessing Permit Eligibility Regarding Endangered Species
A. Background
To meet its obligations under the Clean Water Act and the
Endangered Species Act (ESA) and to promote those Acts' goals, the
Environmental Protection Agency (EPA) is seeking to ensure the
activities regulated by this Multi-Sector General Permit (MSGP) pose
no jeopardy to endangered and threatened species and critical
habitat. To ensure that those goals are met, applicants for MSGP
coverage are required under Part 1.2.3.6 to assess the impacts of
their storm water discharges, allowable non-storm water discharges,
and discharge-related activities on Federally listed endangered and
threatened species (``listed species'') and designated critical
habitat (``critical habitat'') by following the process listed
below. EPA strongly recommends that you follow these steps at the
earliest possible stage to ensure that measures to protect listed
species and critical habitat are incorporated early in your planning
process.
You also have an independent ESA obligation to ensure that your
activities do not result in any prohibited ``takes'' of listed
species.\1\ Many of the measures required in the MSGP and in these
instructions to protect species may also assist you in ensuring that
your activities do not result in a prohibited take of species in
violation of section 9 of the ESA. If you have or plan activities in
areas that harbor endangered and threatened species, you may wish to
ensure that you are protected from potential takings liability under
ESA section 9 by obtaining an ESA section 10 permit or, if there is
a separate federal action regarding the facility, by requesting
formal consultation under ESA section 7 regarding that action. If
you are not sure whether to pursue a section 10 permit or a section
7 consultation for takings protection, you should confer with the
appropriate Fish and Wildlife Service (FWS) and/or National Marine
Fisheries Service (NMFS) (collectively the ``Services'') office.
---------------------------------------------------------------------------
\1\ Section 9 of the ESA prohibits any person from ``taking'' a
listed species (e.g., harassing or harming it) unless: (1) the
taking is authorized through a ``incidental take statement'' as part
of undergoing ESA section 7 formal consultation; (2) where an
incidental take permit is obtained under ESA section 10 (which
requires the development of a habitat conservation plan); or (3)
where otherwise authorized or exempted under the ESA. This
prohibition applies to all entities including private individuals,
businesses, and governments.
---------------------------------------------------------------------------
B. How Does The Basic Eligibility Assessment Process Work?
In order to determine if you are eligible to use the permit, you
need to go through a series of steps to determine:
1. Are there any listed endangered or threatened species or
critical habitat in proximity to your facility or the point where
your discharges reach a receiving water?
2. If there are listed species in proximity, are your discharges
or discharge-related activities going to adversely affect them?
3. If adverse effects on listed species or critical habitat are
likely, what can you do to eliminate or reduce these effects?
4. Have any adverse effects already been addressed under the
Endangered Species Act?
5. Which, if any, of the eligibility criteria make you eligible
for permit coverage?
C. What Are the Eligibility Criteria?
The Part 1.2.3.6 eligibility requirement may be satisfied by
documenting that one or more of the following criteria has been met:
Criteria A. No Listed Species or Critical Habitat Are in Proximity
to Your Facility or the Point Where Authorized Discharges Reach a
Water of the United States (See Part 1.2.3.6.3.1)
Using the latest County Species List available from EPA and any
other relevant information sources, you have determined that no
listed species or critical habitat are in proximity to your
facility. Listed species and critical habitat are in proximity to a
facility when they are:
Located in the path or immediate area through which or
over which contaminated point source storm water flows from
industrial activities to the point of discharge into the receiving
water. This may also include areas where storm water from your
facility enters groundwater that has a direct hydrological
connection to a receiving water (e.g., groundwater infiltrates at
your facility and re-emerges to enter a surface waterbody within a
short period of time.)
Located in the immediate vicinity of, or nearby, the
point of discharge into receiving waters.
Located in the area of a facility where storm water
BMPs are planned or are to be constructed.
Please be aware that no protection from incidental takings
liability is provided under this criteria.
Criteria B. An ESA Section 7 Consultation Has Been Performed for a
Separate Federal Action Regarding Your Facility (See Part
1.2.3.6.3.2)
A formal or informal ESA Sec. 7 consultation on a separate
federal action (e.g., New Source review under NEPA, application for
a dredge
[[Page 64863]]
and fill permit under CWA Sec. 404, application for an individual
NPDES permit, etc.) addressed the effects of your discharges and
discharge-related activities on listed species and critical habitat.
If your facility was the subject of a formal consultation, it must
have resulted in either a ``no jeopardy opinion'' or a ``jeopardy
opinion'' and you agree to implement any reasonable and prudent
alternatives or other conditions upon which the consultation was
based. If your facility was the subject of an informal consultation,
it must have resulted in a written concurrence by the Service(s) on
a finding that the applicant's activities are not likely to
adversely affect listed species or critical habitat (for informal
consultation, see 50 CFR 402.13).
Criteria C. An Incidental Taking Permit Under Section 10 of the ESA
was Issued for Your Facility (See Part 1.2.3.6.3.3)
You have a permit under section 10 of the ESA and that
authorization addresses the effects of your wastewater and storm
water discharges and discharge-related activities on listed species
and critical habitat. Note: You must follow FWS/NMFS procedures when
applying for an ESA section 10 permit (see 50 CFR 17.22(b)(1)).
Criteria D. You Have Determined Adverse Effects Are Not Likely (See
Part 1.2.3.6.3.4)
Using best judgment, you have investigated potential effects
your discharges and discharges-related activities may have on listed
species and critical habitat and have no reason to believe there
would be adverse effects. Any terms and/or conditions to protect
listed species and critical habitat you relied on in order to
determine adverse effects would be unlikely must be incorporated
into your Storm Water Pollution Prevention Plan (required by the
permit) and implemented in order to maintain permit eligibility.
Please be aware that no protection from incidental takings
liability is provided under this criteria.
Criteria E. Your Facility Was Covered Under the Eligibility
Certification of Another Operator for the Facility Area (See Part
1.2.3.6.3.5)
Your storm water discharges, allowable non-storm water
discharges, and discharge-related activities were already addressed
in another operator's certification of eligibility under Part
1.2.3.6.3 which covered your facility. By certifying eligibility
under Part 1.2.3.6.3.4, you agree to comply with any measures or
controls upon which the other operator's certification under Part
1.2.3.6.3 was based.
Please be aware that in order to meet the permit eligibility
requirements by relying on another operator's certification of
eligibility, the other operator's certification must apply to the
location of your facility and must address the effects from your
storm water discharges, allowable non-storm water discharges, and
discharge-related activities on listed species and critical habitat.
This situation will typically occur where an ownership of a facility
covered by this permit changes or when there are multiple operators
within an industrial park or an airport. However, before you rely on
another operator's certification, you should carefully review that
certification along with any supporting information. You also need
to confirm that no additional species have been listed or critical
habitat designated in the area of your facility since the other
operator's endangered species assessment was done. If you do not
believe that the other operator's certification provides adequate
coverage for your facility, you should provide your own independent
endangered species assessment and certification.
Please be aware that no protection from incidental takings
liability is provided under this criteria.
D. What Procedures Do I Use To Determine if the Eligibility
Criteria Can Be Satisfied?
Caution: Additional endangered and threatened species have been
listed and critical habit designated since the 1995 MSGP was issued
and will continue to be added after the effective date of this
permit. You must verify any earlier determination of eligibility is
still valid before relying on that assessment to certify eligibility
for this permit. Where applicable, you may incorporate information
from your previous endangered species analysis in your documentation
of eligibility for this permit.
To determine eligibility, you must assess (or have previously
assessed) the potential effects of your storm water discharges,
allowable non-storm water discharges and discharge-related
activities on listed species and critical habitat. PRIOR to
completing and submitting a Notice of Intent (NOI) form, you must
follow the steps outlined below and document the results of your
eligibility determination.
Step One: Are There Any Endangered Species or Critical Habitat in Your
County (or Other Area) and, if so, Are They in Proximity to Your
Facility or Discharge Locations?
1-A. Check for Listed Species Look in the latest county species
list to see if any listed species are found where your facility and
discharge point(s) are located. If you are located close to the
border of a county or your facility is located in one county and
your discharge points are located in another, you must look under
both counties. Since species are listed and de-listed periodically,
you will need the most current list at the time you are doing your
endangered species assessment. EPA's most current county-species
list is on the Internet at http://www.epa.gov/owm/esalst2.htm.
=>Proceed to 1-B.
1-B. Check for Critical Habitat Some (but not all) listed
species have designated critical habitat. Exact locations of such
habitat is provided in the endangered species regulations at 50 CFR
part 17 and part 226. To determine if facility or discharge
locations are within designated critical habitat, you should either:
Review those regulations (which can be found in many
larger libraries); or
Contact the nearest Fish and Wildlife Service (FWS) and
National Marine Fisheries Service (NMFS) Office. A list of FWS and
NMFS offices is found at section II of this Addendum.; or
Contact the State Natural Heritage centers. These
centers compile and disseminate information on Federally listed and
other protected species. They frequently have the most current
information on listed species and critical habitat. A list of these
centers is provided in section III of the Addendum.
=>Proceed to 1-C.
1-C. Check for Proximity If there are listed species in your
county, are they in proximity to your facility or discharge
locations? You will need to use the proximity criteria in
Eligibility Criteria A to determine if the listed species are in
your part of the county. The area in proximity to be searched/
surveyed for listed species will vary with the size of the facility,
the nature and quantity of the storm water discharges, and the type
of receiving waters. Given the number of facilities potentially
covered by the MSGP, no specific method to determine whether species
are in proximity is required for permit coverage under the MSGP.
Instead, you should use the method or methods which best allow you
to determine to the best of your knowledge whether species are in
proximity to your particular facility. These methods may include:
Conducting visual inspections. This method may be
particularly suitable for facilities that are smaller in size,
facilities located in non-natural settings such as highly urbanized
areas or industrial parks where there is little or no nature
habitat; and facilities that discharge directly into municipal storm
water collection systems. For other facilities, a visual survey of
the facility site and storm water drainage areas may be insufficient
to determine whether species are likely to be located in proximity
to the discharge.
Contacting the nearest State Wildlife Agency or U.S.
Fish and Wildlife Service (FWS) or National Marine Fisheries Service
(NMFS) offices. Many endangered and threatened species are found in
well-defined areas or habitats. That information is frequently known
to state or federal wildlife agencies. FWS has offices in every
state. NMFS has regional offices in: Gloucester, Massachusetts; St.
Petersburg, Florida; Long Beach, California; Portland, Oregon; and
Juneau, Alaska.
Contacting local/regional conservation groups. These
groups inventory species and their locations and maintain lists of
sightings and habitats.
Conducting a formal biological survey. Larger
facilities with extensive storm water discharges may choose to
conduct biological surveys as the most effective way to assess
whether species are located in proximity and whether there are
likely adverse effects.
If neither your facility nor discharge locations are located in
designated critical habitat, then you need not consider impacts to
critical habitat when following Steps Two through Five below. If
your facility or discharge locations are located within critical
habitat, then you must look at impacts to critical habitat when
following Steps Two through Five. EPA notes that many measures
imposed to protect listed species under these
[[Page 64864]]
steps will also protect critical habitat. However, obligations to
protect habitat under this permit are separate from those to protect
listed species. Thus, meeting the eligibility requirements of this
permit may require measures to protect critical habitat that are
separate from those to protect listed species.
=> Proceed to 1-D
1-D. Check for Criteria ``A'' Eligibility IF NO SPECIES WERE
LISTED FOR YOUR COUNTY OR THE SPECIES THAT WERE LISTED WERE NOT IN
PROXIMITY TO YOUR DISCHARGE AND YOUR FACILITY AND DISCHARGE
LOCATIONS WERE NOT IN PROXIMITY TO CRITICAL HABITAT, YOU ARE
ELIGIBLE UNDER CRITERIA ``A''. Document your endangered species
assessment and certify eligibility under Part 1.2.3.6.3.1 of the
permit. Congratulations, go to Step Five!
=> If there were listed species or critical habitat, proceed to Step
Two
Step Two: Can You Meet Eligibility Criteria ``B'', ``C'', or ``E''?
2-A Check for Criteria ``B'', ``C'', or ``E'' Basis Do one of
the following apply:
There was a completed consultation under ESA Sec. 7 for
your facility (Criteria B) => proceed to 2-B
There is a previously issued ESA Sec. 10 permit for
your facility (Criteria C) => proceed to 2-C
Another operator previously certified eligibility for
the area where your facility is located (Criteria E) => proceed to
2-D
=> If no, proceed to Step Three
2-B Check for Criteria ``B'' Eligibility Did the previously
completed ESA Sec. 7 consultation consider all currently listed
species and critical habitat and address your storm water, allowable
non-storm water, and discharge related activities?
=> If no, proceed to Step Three
2-B-1 Did the ESA Sec. 7 consultation result in either a ``no
jeopardy'' opinion by the Service (for formal consultations) or a
concurrence by the service that your activities would be ``unlikely
to adversely affect'' listed species or critical habitat?
=> If no, proceed to Step Three
2-B-2 IF YOU AGREE TO IMPLEMENT ANY MEASURES UPON WHICH THE
CONSULTATION WAS CONDITIONED, YOU ARE ELIGIBLE UNDER CRITERIA ``B''.
Incorporate any necessary measures into your Storm Water Pollution
Prevention Plan, document your endangered species assessment, and
certify eligibility under Part 1.2.3.6.3.2. Congratulations, go to
Step Five!
=> If you do not agree to implement conditions upon which the
consultation was based, proceed to Step Three
2-C Check for Criteria ``C'' Eligibility IF YOUR ESA Sec. 10
PERMIT CONSIDERED ALL CURRENTLY LISTED SPECIES AND CRITICAL HABITAT
AND ADDRESSES YOUR STORM WATER, ALLOWABLE NON-STORM WATER, AND
DISCHARGE RELATED ACTIVITIES, YOU ARE ELIGIBLE UNDER CRITERIA ``C''.
Incorporate any necessary measures into your Storm Water Pollution
Prevention Plan, document your endangered species assessment, and
certify eligibility under Part 1.2.3.6.3.3 of the permit.
Congratulations, go to Step Five!
=> If your ESA Sec. 10 permit did not meet these criteria, proceed to
Step Three
2-D Check for Criteria ``E'' Eligibility Did the other
operator's certification of eligibility consider all currently
listed species and critical habitat and address your storm water,
allowable non-storm water, and discharge related activities?
=> If no, proceed to Step Three
2-D-1 IF YOU AGREE TO IMPLEMENT ANY MEASURES UPON WHICH THE
OTHER OPERATOR'S CERTIFICATION WAS BASED, YOU ARE ELIGIBLE UNDER
CRITERIA ``E''. Incorporate any necessary measures into your Storm
Water Pollution Prevention Plan, document your endangered species
assessment, and certify eligibility under Part 1.2.3.6.3.5 of the
Permit. Congratulations, go to Step Five!
=> If you do not agree to implement conditions upon which another
operator's certification was based, proceed to Step Three
Step Three: Are Listed Species or Critical Habitat Likely To Be
Adversely Affected by Your Facility's Storm Water Discharges, Allowable
Non-storm Water Discharges, or Discharge-related Activities?
If you are unable to certify eligibility under Criteria A, B, C,
or E, you must assess whether your storm water discharges, allowable
non-storm water discharges, and discharge-related activities are
likely to pose jeopardy to listed species or critical habitat.
``Storm water discharge-related activities'' include:
Activities which cause, contribute to, or result in point source
storm water pollutant discharges; and
Measures to control storm water discharges and allowable non-
storm water discharges including the siting, construction, operation
of best management practices (BMPs) to control, reduce or prevent
water pollution.
Effects from storm water discharges, allowable non-storm water
discharges, and discharge-related activities which could pose
jeopardy include:
Hydrological. Wastewater or storm water discharges may cause
siltation, sedimentation or induce other changes in receiving waters
such as temperature, salinity or pH. These effects will vary with
the amount of wastewater or storm water discharged and the volume
and condition of the receiving water. Where a discharge constitutes
a minute portion of the total volume of the receiving water, adverse
hydrological effects are less likely.
Habitat. Excavation, site development, grading, and other
surface disturbance activities, including the installation or
placement of wastewater or storm water ponds or BMPs, may adversely
affect listed species or their habitat. Wastewater or storm water
associated with facility operation may drain or inundate listed
species habitat.
Toxicity. In some cases, pollutants in wastewater or storm water
may have toxic effects on listed species.
The scope of effects to consider will vary with each facility.
If you are having difficulty in determining whether your facility is
likely to pose jeopardy to a listed specie or critical habitat, then
the appropriate office of the FWS, NMFS, or Natural Heritage Center
listed in Sections II and III of this Addendum should be contacted
for assistance.
Document the results of your assessment and make a preliminary
determination on whether or not there would likely be any jeopardy
to listed species or critical habitat. You will need to determine
that your activities are either ``unlikely to adversely affect'' or
``may adversely affect''. Your determination may be based on
measures that you implement to avoid, eliminate, or minimize adverse
affects.
=> Proceed to Step Four
Step Four: Can You Meet Eligibility Criteria ``D''?
Using best judgment, can you determine your facility's storm
water discharges, allowable non-storm water discharges, and
discharge-related activities are unlikely to pose jeopardy to listed
species or critical habitat?
4-A IF STEP THREE DETERMINATION IS ``UNLIKELY TO ADVERSELY
AFFECT'', YOU ARE ELIGIBLE UNDER CRITERIA ``D''. Incorporate
appropriate measures upon which your eligibility was based into your
Storm Water Pollution Prevention Plan and certify eligibility under
Part 1.2.3.6.3.4 of the permit. Congratulations, go to Step Five.
=> If there may be adverse effects, proceed to Step 4-B
4-B Step Three (or Step 4-A-1) Determination is ``May Adversely
Affect'' You must contact the Service(s) to discuss your findings
and measures you could implement to avoid, eliminate, or minimize
adverse affects.
4-B-1 IF YOU AND THE SERVICE(S) REACH AGREEMENT ON MEASURES TO
AVOID ADVERSE EFFECTS, YOU ARE ELIGIBLE UNDER CRITERIA ``D''.
Incorporate appropriate measures upon which your eligibility was
based into your Storm Water Pollution Prevention Plan and certify
eligibility under Part 1.2.3.6.3.4 of the permit. Congratulations,
go to Step Five.
4-C Endangered Species Issues Cannot be Resolved If you cannot
reach agreement with the Service(s) on measures to avoid, eliminate,
or reduce adverse effects to an acceptable level; and if any likely
adverse effects cannot otherwise be addressed through meeting the
other criteria of Part 1.2.3.6; then you are not eligible for
coverage under the MSGP at this time and must seek coverage under an
individual permit. Proceed to 40 CFR 122.26(c) for individual permit
application requirements.
Step Five: Submit Notice of Intent and Document Results of the
Eligibility Determination
Once all other Part 1.2 eligibility requirements have been met,
you may submit the Notice of Intent (NOI). Signature and submittal
of the NOI is also deemed to constitute your certification, under
penalty of law, of your eligibility for permit coverage.
[[Page 64865]]
You must include documentation of Part 1.2.3.6 eligibility in
the pollution prevention plan required for the facility.
Documentation required for the various eligibility criteria are as
follows:
Criteria A--A copy of the County-Species List pages with the
county(ies) where your facility and discharges are located and a
statement on how you determined that no listed species or critical
habitat was in proximity to your discharge.
Criteria B--A copy of the Service(s)'s Biological Opinion or
concurrence on a finding of ``unlikely to adversely effect''
regarding the ESA Sec. 7 consultation.
Criteria C--A copy of the Service(s)'s letter transmitting the ESA
Sec. 10 authorization.
Criteria D--Documentation on how you determined adverse effects on
listed species and critical habitat were unlikely.
Criteria E--A copy of the documents originally used by the other
operator of your facility (or area including your facility) to
satisfy the documentation requirement of Criteria A, B, C or D.
E. Duty To Implement Terms and Conditions Upon Which Eligibility
Was Determined
You must comply with any terms and conditions imposed under the
eligibility requirements of Part 1.2.3.6.3 to ensure that your storm
water discharges, allowable non-storm water discharges, and
discharge-related activities do not pose jeopardy to listed species
and/or critical habitat. You must incorporate such terms and
conditions in your facility's Storm Water Pollution Prevention Plan
as required by the permit. If the eligibility requirements of Part
1.2.3.6 cannot be met, then you may not receive coverage under this
permit. You should then consider applying to the permitting
authority for an individual permit.
II. U.S. Fish and Wildlife Service Offices
National Website For Endangered Species Information. Endangered
Species Home page: http://www.fws.gov/r9endspp/endspp.html
Regional, State, Field and Project Offices
USFWS, Region One--Regional Office
Division Chief, Endangered Species, U.S. Fish and Wildlife Service,
ARD Ecological Services, 911 NE 11 Avenue, Portland, OR 97232-4181,
(503) 231-6121
State, Field, and Project Offices (Region One)
Field Supervisor, U.S. Fish and Wildlife Service, P.O. Box 50088,
300 Ala Moana Blvd., Rm 3108, Honolulu, HI 96850
Field Supervisor, U.S. Fish and Wildlife Service, Upper Columbia R.
Basin F&W Office, 11103 East Montgomery Drive, Ste 2, Spokane, WA
99306
State Supervisor, U.S. Fish and Wildlife Service, Oregon Fish and
Wildlife Office, 2600 S.E 98th Avenue Suite 100, Portland, OR 97266
Field Supervisor, U.S. Fish and Wildlife Service, Snake River Basin
F&W Office, 1387 South Vinnell Way, Room 368, Boise, Idaho 83709
State Supervisor, U.S. Fish and Wildlife Service, Nevada State
Office, 4600 Kietzke Lane, Building C, Rm. 125, Reno, NV 89502-5093
State Supervisor, U.S. Fish and Wildlife Service, Western Washington
F&W Office, 510 Desmond Dr., Suite 102, Lacey, WA 98503-1273
Field Supervisor, U.S. Fish and Wildlife Service, Klamath Falls F&W
Office, 6600 Washburn Way, Klamath Falls, OR 97603
Field Supervisor, U.S. Fish and Wildlife Service, Klamath River F&W
Office, 1215 South Main, Suite 212, Yreka, CA 96097-1006
Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad Fish and
Wildlife Office, 2730 Loker Avenue West, Carlsbad, CA 92008
Field Supervisor, U.S. Fish and Wildlife Service, Ventura Field
Office, 2493 Portola Road, Suite B, Ventura, CA 93003
Project Leader, U.S. Fish and Wildlife Service, Coastal California
Fish and Wildlife Office, 1125 16th St., Rm. 209, Arcata, CA 95521-
5582
Project Leader, U.S. Fish and Wildlife Service, Northern Central
Valley F&W Office, 10959 Tyler Road, Red Bluff, CA 96080
State Supervisor, U.S. Fish and Wildlife Service, California State
Office, 3310 El Camino Avenue, Suite 120, Sacramento, CA 95821-6340
Field Supervisor, U.S. Fish and Wildlife Service, Sacramento Fish &
Wildlife Office, 3310 El Camino Avenue, Suite 120, Sacramento, CA
95821-6340
USFWS Region Two--Regional Office
Division Chief, Endangered Species, U.S. Fish and Wildlife Service,
ARD Ecological Services, P.O. Box 1306, Albuquerque, NM 87103
State, Field, and Project Offices (Region Two)
Field Supervisor, U.S. Fish and Wildlife Service, Corpus Christi
Field Office, 6300 Ocean Dr., Campus Box 338, Corpus Christi, TX
78412
Field Supervisor, U.S. Fish and Wildlife Service, Arlington Field
Office, 711 Stadium Dr., East, Suite 252, Arlington, TX 76011
Field Supervisor, U.S. Fish and Wildlife Service, Clear Lake Field
Office, 17629 El Camino Real, Suite 211, Houston, TX 77058
Field Supervisor, U.S. Fish and Wildlife Service, Oklahoma Field
Office, 222 S. Houston, Suite a, Tulsa, OK 74127
Field Supervisor, U.S. Fish and Wildlife Service, New Mexico Field
Office, 2105 Osuna, NE, Albuquerque, NM 87113
Field Supervisor, U.S. Fish and Wildlife Service, Austin Ecological
Serv. Field Office, 10711 Burnet Road, Suite 200, Austin, TX 78758
Field Supervisor, U.S. Fish and Wildlife Service, Arizona State
Office, 2321 W. Royal Palm Road, Suite 103, Phoenix, AZ 85021-4951
USFWS Region Three--Regional Office
Division Chief, Endangered Species, U.S. Fish and Wildlife Service,
ARD Ecological Services, BHW Federal Bldg, 1 Federal Drive, Fort
Snelling, MN 55111-4056
State, Field, and Project Offices (Region Three)
Field Supervisor, U.S. Fish and Wildlife Service, Chicago, Illinois
Field Office, 1000 Hart Rd., Suite 180, Barrington, IL 60010
Field Supervisor, U.S. Fish and Wildlife Service, East Lansing Field
Office, 2651 Coolidge Road, East Lansing, MI 48823
Field Supervisor, U.S. Fish and Wildlife Service, Reynoldsburg Field
Office, 6950 Americana Parkway, Suite H, Reynoldsburg, OH 43068-4132
Field Supervisor, U.S. Fish and Wildlife Service, Bloomington Field
Office, 620 South Walker Street, Bloomington, IN 47403-2121
Field Supervisor, U.S. Fish and Wildlife Service, Twin Cities E.S.
Field Office, 4101 East 80th Street, Bloomington, MN 55425-1665
Field Supervisor, U.S. Fish and Wildlife Service, Columbia Field
Office, 608 East Cherry Street, Room 200, Columbia, MO 65201-7712
Field Supervisor, U.S. Fish and Wildlife Service, Green Bay Field
Office, 1015 Challenger Court, Green Bay, WI 54311-8331
Field Supervisor, U.S. Fish and Wildlife Service, Rock Island Field
Office, 4469 48th Avenue Court, Rock Island, IL 61201
Field Supervisor, U.S. Fish and Wildlife Service, Marion Suboffice,
Route 3, Box 328, Marion, IL 62959-4565
USFWS Region Four--Regional Office
Division Chief, Endangered Species, U.S. Fish and Wildlife Service,
ARD--Ecological Services, 1875 Century Blvd., Suite 200, Atlanta, GA
30345
State, Field, and Project Offices (Region Four)
Field Supervisor, U.S. Fish and Wildlife Service, Panama City Field
Office, 1612 June Avenue, Panama City, FL 32405-3721
Field Supervisor, U.S. Fish and Wildlife Service, South Florida
Ecosystem Field Office, 1360 U.S. Hwy 1, #5; P.O. Box 2676, Vero
Beach, FL 32961-2676
Field Supervisor, U.S. Fish and Wildlife Service, Caribbean Field
Office, P.O. Box 491, Boqueron, PR 00622
Field Supervisor, U.S. Fish and Wildlife Service, Puerto Rican
Parrot Field Office, P.O. Box 1600, Rio Grande, PR 00745
Field Supervisor, U.S. Fish and Wildlife Service, Brunswick Field
Office, 4270 Norwich Street, Brunswick, GA 31520-2523
Field Supervisor, U.S. Fish and Wildlife Service, Jacksonville Field
Office, 6620 Southpoint Drive S., Suite 310, Jacksonville, FL 32216-
0912
Field Supervisor, U.S. Fish and Wildlife Service, Charleston Field
Office, 217 Ft. Johnson Road, P.O. Box 12559, Charleston, SC 29422-
2559
Field Supervisor, U.S. Fish and Wildlife Service, Clemson F.O.,
Dept. of Forest Resources, 261 Lehotsky Hall, Box 341003, Clemson,
SC 29634-1003
Field Supervisor, U.S. Fish and Wildlife Service, Raleigh Field
Office, P.O. Box 33726, Raleigh, NC 27636-3726
Field Supervisor, U.S. Fish and Wildlife Service, Cookeville Field
Office, 446 Neal Street, Cookeville, TN 38501
[[Page 64866]]
Field Supervisor, U.S. Fish and Wildlife Service, Asheville Field
Office, 160 Zillicoa Street, Asheville, NC 28801
Field Supervisor, U.S. Fish and Wildlife Service, Daphne Field
Office, P.O. Drawer 1190, Daphne, AL 36526
Field Supervisor, U.S. Fish and Wildlife Service, Vicksburg Field
Office, 2524 S. Frontage Road, Suite B, Vicksburg, MS 39180-5269
Field Supervisor, U.S. Fish and Wildlife Svc., Lafayette Field
Office, Brandywine II, Suite 102, 825 Kaliste Saloom Road,
Lafayette, LA 70508
Field Supervisor, U.S. Fish and Wildlife Service, Jackson Field
Office, 6578 Dogwood View Pkwy Suite A, Jackson, MS 39213
Region Five--Regional Office
Division Chief, Endangered Species, U.S. Fish and Wildlife Service,
ARD Ecological Services, 300 Westgate Center Drive, Hadley, MA
01035-9589
State, Field and Project Offices (Region Five)
Project Leader, U.S. Fish and Wildlife Service, Delaware Bay Estuary
Project, 2610 Whitehall Neck Road, Smyrna, DE 19977
Project Leader, U.S. Fish and Wildlife Service, Southern New
England/NYBCE Program, Shoreline Plaza, Route 1A, P.O. Box 307,
Charlestown, RI 02813
Project Leader, U.S. Fish and Wildlife Service, Gulf of Maine
Project, 4 R Fundy Road, Falmouth, ME 04105
Project Leader U.S. Fish and Wildlife Service, Chesapeake Bay Field,
Office, 177 Admiral Cochrane Drive, Annapolis, Maryland 21401
Project Leader, U.S. Fish and Wildlife Service, Virginia Field
Office, P.O. Box 99, 6669 Short Lane, Gloucester, VA 23061
Project Leader, U.S. Fish and Wildlife Service, Southwestern
Virginia Field Office, P.O. Box 2345, Abingdon, VA 24212
Project Leader, U.S. Fish and Wildlife Service, New England Field
Office, 22 Bridge St., Unit #1, Concord, New Hampshire 03301-4986
Project Leader, U.S. Fish and Wildlife Service, Maine Field Office,
1033 South Main St., Old Town, Maine 04468
Project Leader, U.S. Fish and Wildlife Service, Rhode Island Field
Office, Shoreline Plaza, Route 1A; P.O. Box 307, Charlestown, Rhode
Island 02813
Project Leader, U.S. Fish and Wildlife Service, Vermont Field
Office, 11 Lincoln Street, Winston Prouty Federal Building, Essex
Junction, VT 05452
Project Leader, U.S. Fish and Wildlife Service, New Jersey Field
Office, 927 North Main St., Bldg. D1, Pleasantville, New Jersey
08232
Project Leader, U.S. Fish and Wildlife Service, New York Field
Office, 3817 Luker Road, Cortland, New York 13045
Project Leader, U.S. Fish and Wildlife Service, Long Island Field
Office, P.O. Box 608, Islip, New York 11751-0608
Project Leader, U.S. Fish and Wildlife Service, Pennsylvania Field
Office, 315 S. Allen St., Suite 322, State College, Pennsylvania
16801
Project Leader, U.S. Fish and Wildlife Service, Eastern Pennsylvania
Field Office, 11 Hap Arnold Boulevard, Box H, Tobyhanna,
Pennsylvania 18466-0080
Project Leader, U.S. Fish and Wildlife Service, West Virginia Field
Office, Route 250, S.--Elkins Shopping Plaza, Elkins, West Virginia
26241
Region Six--Regional Office
Division Chief, Endangered Species, U.S. Fish and Wildlife Service,
ARD-Ecological Services, P.O. Box 25486, DFC, Denver, CO 80225
State, Field, and Project Offices (Region Six)
Field Supervisor, U.S. Fish and Wildlife Service, Montana Field
Office, 100 N. Park, Suite 320, Helena, MT 59601
Sub-Office Supervisor, U.S. Fish and Wildlife Service, Billings Sub-
Office, 2900 4th Ave. North-Rm 301, Billings, MT 59101
Sub-Office Supervisor, U.S. Fish and Wildlife Service, Kalispell
Sub-Office, 780 Creston Hatchery Road, Kalispell, MT 59901
Grizzly Bear Recovery Coordinator, U.S. Fish and Wildlife Service,
Forestry Sciences Lab, University of Montana, Missoula, MT 59812
Field Supervisor, U.S. Fish and Wildlife Service, North Dakota Field
Office, 1500 Capitol Avenue, Bismarck, ND 58501
Field Supervisor, U.S. Fish and Wildlife Service, Nebraska Field
Office, 203 W. 2nd Street; Federal Bldg., 2nd Floor, Grand Island,
NE 68801
Field Supervisor, U.S. Fish and Wildlife Service, Kansas Field
Office, 315 Houston, Suite E, Manhattan, KS 66502
Field Supervisor, U.S. Fish and Wildlife Service, South Dakota Field
Office, 420 S. Garfield Ave., Suite 400, Pierre, SD 57501-5408
Field Supervisor, U.S. Fish and Wildlife Service, Salt Lake City
Field Office, Lincoln Plaza, 145 East 1300 South--Suite 404, Salt
Lake City, UT 84115
Field Supervisor, U.S. Fish and Wildlife Service, Colorado Field
Office, 730 Simms, Suite 290, Golden, CO 80401-4798
Field Supervisor, U.S. Fish and Wildlife Service, Western Colorado
Field Office, 764 Horizon Drive South, Annex A, Grand Junction, CO
81506-3946
Field Supervisor, U.S. Fish and Wildlife Service, Wyoming Field
Office, 4000 Morrie Avenue, Cheyenne, WY 82001
E.S. Coordinator, U.S. Fish and Wildlife Service, Rocky Mountain
Arsenal, National Wildlife Area, Building 111, Commerce City, CO
80022-1748
Colorado River Recovery Coordinator, U.S. Fish and Wildlife Service,
P.O. Box 25486, DFC, Denver, CO 80225
U.S. Fish and Wildlife Service, Laramie Black Footed Ferret Office,
410 Grand Ave., Suite 315, Laramie, WY 80270
Region Seven--Regional Office
Division Chief, Endangered Species, U.S. Fish and Wildlife Service,
ARD Ecological Services, 1011 E. Tudor Road, Anchorage, AK 99503
State, Field, and Project Offices (Region Seven)
Field Supervisor, U.S. Fish and Wildlife Service, Ecological
Services, 605 West 4th Avenue, Room G-62, Anchorage, AK 99501
Field Supervisor, U.S. Fish and Wildlife Service, Ecological
Services, 101 12th Avenue, Box 19 (Room 232), Fairbanks, AK 99701
Field Supervisor, U.S. Fish and Wildlife Service, Ketchikan Sub-
office, 103 Main Street, P.O. Box 3193, Ketchikan, AK 99901
Field Supervisor, U.S. Fish and Wildlife Service, Ecological
Services, 300 Vintage Blvd., Suite 201, Juneau, AK 99801
Region Eight--Has not yet been created out of the other FWS Regions
at the time of this posting.
Region Nine
Janet Ady--Outreach, U.S. Fish and Wildlife Service, National
Conservation Training Center, Route 3, Box 49, Kearneysville, WV
25430
Dan Benfield--Training, U.S. Fish and Wildlife Service, National
Conservation Training Center, Route 3, Box 49, Kearneysville, WV
25430
III. National Marine Fisheries Service Offices
The National Marine Fisheries Service is developing a database
to provide county and territorial water (up to three miles offshore)
information on the presence of endangered and threatened species and
critical habitat. The database should be found at the ``Office of
Protected Resources'' site on the NMFS Homepage at http://www.nmfs.gov.
Regional and Field Offices--Northeast Region
Protected Resources Program, National Marine Fisheries Service,
Northeast Region, One Blackburn Drive, Gloucester, Massachusetts
01930
Milford Field Office, National Marine Fisheries Service, 212 Rogers
Avenue, Milford, Connecticut 06460
Oxford Field Office, National Marine Fisheries Service, 904 So.
Morris Street, Oxford, Maryland 21654
Sandy Hook Field Office, James J. Howard Marine Sciences Laboratory,
National Marine Fisheries Service, 74 Magruder Road, Highlands, New
Jersey 07732
Protected Species Branch, National Marine Fisheries Service,
Northeast Fisheries Science Center, 166 Water Street, Woods Hole,
Massachusetts 02543
Southeast Region
Protective Species Management Branch, National Marine Fisheries
Service, Southeast Region, 9721 Executive Center Drive, St.
Petersburg, Florida 33702-2432
Northwest Region
Protected Species Division, National Marine Fisheries Service,
Northwest Region, 525 NE Oregon, Suite 500, Portland, Oregon 97232-
2737
Boise Field Office, National Marine Fisheries Service, 1387 S.
Vinnel Way, Suite 377, Boise, Idaho 83709
Olympia Field Office, National Marine Fisheries Service, 510 Desmond
Drive, SE, Suite 103, Lacey, Washington 98503
[[Page 64867]]
Roseburg Field Office, National Marine Fisheries Service, 2900
Stewart Parkway NW, Roseburg, Oregon 97470
Rufus Field Office, National Marine Fisheries Service, P.O. Box 67,
704 ``E'' 1st, Rufus, Oregon 97050
Southwest Region
Protected Species Management Division, Southwest Region, National
Marine Fisheries Service, 501 West Ocean Blvd., Suite 4200, Long
Beach, California 90802-4213
Arcata Field Office, National Marine Fisheries Service, 1125 16th
Street, Room 209, Arcata, California 95521
Eureka Field Office, National Marine Fisheries Service, 1330
Bayshore Way, Eureka, California 95501
Pacific Islands Area Field Office, National Marine Fisheries
Service, 2570 Dole Street, Room 106, Honolulu, Hawaii 96822-2396
Santa Rosa Field Office, Protected Resources Program, National
Marine Fisheries Service, 777 Sonoma Avenue, Room 325, Santa Rosa,
California 95404
Alaska Region
Protected Resources Management, Division, Alaska Region, National
Marine Fisheries Service, 709 West 9th Street, Federal Building 461,
P.O. Box 21767, Juneau, Alaska 99802
Anchorage Office, 222 West 7th Avenue, Box 10, Anchorage, Alaska
99513-7577
IV. Natural Heritage Centers
The Natural Heritage Network comprises 85 biodiversity data
centers throughout the Western Hemisphere. These centers collect,
organize, and share data relating to endangered and threatened
species and habitat. The network was developed to inform land-use
decisions for developers, corporations, conservationists, and
government agencies and is also consulted for research and
educational purposes. The centers maintain a Natural Heritage
Network Control Server Website (http://www.heritage.tnc.org) which
provides website and other access to a large number of specific
biodiversity centers. Some of these centers are listed below:
Alabama Natural Heritage Program, Huntingdon College, Massey Hall,
1500 East Fairview Avenue, Montgomery, AL 36106-2148, (334) 834-4519
Fax: (334) 834-5439, Internet: [email protected]
Alaska Natural Heritage Program, University of Alaska Anchorage, 707
A Street, Anchorage, AK 99501, 907/257-2702 Fax: 907/258-9139,
Program Director: David Duffy, 257-2707, Internet:
[email protected]
Arizona Heritage Data Management System, Arizona Game & Fish
Department, WM-H, 2221 W. Greenway Road, Phoenix, AZ 85023, 602/789-
3612 Fax: 602/789-3928, Internet: [email protected] Internet:
[email protected]
Arkansas Natural Heritage Commission, Suite 1500, Tower Building,
323 Center Street, Little Rock, AR 72201, 501/324-9150 Fax: 501/324-
9618, Director: Harold K. Grimmett, -9614
California Natural Heritage Division, Department of Fish & Game,
1220 S Street, Sacramento, CA 95814, 916/322-2493 Fax: 916/324-0475
Colorado Natural Heritage Program, Colorado State University, 254
General Services Building, Fort Collins, CO 80523, 970/491-1309 Fax:
970/491-3349
Connecticut Natural Diversity Database, Natural Resources Center,
Department of Environmental Protection, 79 Elm Street, Store Level,
Hartford, CT 06106-5127, 860/424-3540 Fax: 860/424-4058
Delaware Natural Heritage Program, Division of Fish & Wildlife,
Department of Natural Resources & Environmental Control, 4876 Hay
Point Landing Road Smyrna, DE 19977, 302/653-2880 Fax: 302/653-3431
District of Columbia Natural Heritage Program, 13025 Riley's Lock
Road, Poolesville, MD 20837, 301/427-1302 Fax: 301/427-1355
Florida Natural Areas Inventory, 1018 Thomasville Road, Suite 200-C,
Tallahassee, FL 32303, 904/224-8207 Fax: 904/681-9364
Florida Natural Areas Inventory, Eglin Air Force Base, P.O. Box
1150, Niceville, FL 32588, 904/883-6451 Fax: 904/682-8381
Georgia Natural Heritage Program, Wildlife Resources Division,
Georgia Department of Natural Resources, 2117 U.S. Highway 278 S.E.,
Social Circle, GA 30279, 706/557-3032 or 770/918-6411, Fax: 706/557-
3033 or 706/557-3040 Internet: [email protected]
Hawaii Natural Heritage Program, The Nature Conservancy of Hawaii,
1116 Smith Street, Suite 201, Honolulu, HI 96817, 808/537-4508 Fax:
808/545-2019
Idaho Conservation Data Center, Department of Fish & Game, 600 South
Walnut Street, Box 25, Boise, ID 83707-0025, 208/334-3402 Fax: 208/
334-2114
Illinois Natural Heritage Division, Department of Natural Resources,
Division of Natural Heritage, 524 South Second Street, Springfield,
IL 62701-1787, 217/785-8774 Fax: 217/785-8277
Illinois Nature Preserves Commission, Director: Carolyn Grosboll,
Deputy Dir/Steward: Randy Heidorn, Deputy Dir/Protect: Don McFall,
Office Specialist: Karen Tish, 217/785-8774 Fax: 217/785-8277
Indiana Natural Heritage Data Center, Division of Nature Preserves,
Department of Natural Resources, 402 West Washington Street, Room
W267, Indianapolis, IN 46204, 317/232-4052 Fax: 317/233-0133
Iowa Natural Areas Inventory, Department of Natural Resources,
Wallace State Office Building, Des Moines, IA 50319-0034, Fax: 515/
281-6794, Coordinator/Zoologist: Daryl Howell, 515/281-8524
Kansas Natural Heritage Inventory, Kansas Biological Survey, 2041
Constant Avenue, Lawrence, KS 66047-2906, 913/864-3453 Fax: 913/864-
5093
Kentucky Natural Heritage Program, Kentucky State Nature Preserves
Commission, 801 Schenkel Lane, Frankfort, KY 40601, 502/573-2886
Fax: 502/573-2355
Louisiana Natural Heritage Program, Department of Wildlife &
Fisheries, P.O. Box 98000, Baton Rouge, LA 70898-9000, 504/765-2821
Fax: 504/765-2607
Maine Natural Areas Program, Department of Conservation (FedEx/UPS:
159 Hospital Street), 93 State House Station, Augusta, ME 04333-
0093, 207/287-8044 Fax: 207/287-8040, Internet: [email protected] Web
site: http://www.state.me.us/doc/mnap/home.htm
Maryland Heritage & Biodiversity Conservation Programs, Department
of Natural Resources, Tawes State Office Building, E-1, Annapolis,
MD 21401, 410/260-8540 Fax: 410/260-8595, Web site: http://www.heritage.tnc.org/nhp/us/md/
Massachusetts Natural Heritage & Endangered Species Program,
Division of Fisheries & Wildlife, Route 135, Westborough, MA 01581
508/792-7270 ext. 200 Fax: 508/792-7275
Michigan Natural Features Inventory, Mason Building, 5th floor
(FedEx/UPS: 530 W Allegan, 48933), Box 30444, Lansing, MI 48909-
7944, 517/373-1552 Fax: 517/373-6705, Director: Leni Wilsmann, 373-
7565, Internet: [email protected]
Minnesota Natural Heritage & Nongame Research, Department of Natural
Resources, 500 Lafayette Road, Box 7, St. Paul, MN 55155, 612/297-
4964 Fax: 612/297-4961
Mississippi Natural Heritage Program, Museum of Natural Science, 111
North Jefferson Street, Jackson, MS 39201-2897, 601/354-7303 Fax:
601/354-7227
Missouri Natural Heritage Database, Missouri Department of
Conservation, P.O. Box 180 (FedEx: 2901 West Truman Blvd), Jefferson
City, MO 65102-0180, 573/751-4115 Fax: 573/526-5582
Montana Natural Heritage Program, State Library Building, 1515 E.
6th Avenue, Helena, MT 59620, 406/444-3009 Fax: 406/444-0581,
Internet: [email protected], Homepage/World Wide Web: http://nris.msl.mt.gov/mtnhp/nhp-dir.html
Navajo Natural Heritage Program, P.O. Box 1480, Window Rock, Navajo
Nation, AZ 86515, (520) 871-7603, (520) 871-7069 (FAX)
Nebraska Natural Heritage Program, Game and Parks Commission, 2200
North 33rd Street, P.O. Box 30370, Lincoln, NE 68503, 402/471-5421
Fax: 402/471-5528
Nevada Natural Heritage Program, Department of Conservation &
Natural Resources, 1550 E. College Parkway, Suite 145, Carson City,
NV 89706-7921, 702/687-4245 Fax: 702/885-0868
New Hampshire Natural Heritage Inventory, Department of Resources &
Economic Development, 172 Pembroke Street, P.O. Box 1856, Concord,
NH 03302, 603/271-3623 Fax: 603/271-2629
New York Natural Heritage Program, Department of Environmental
Conservation, 700 Troy-Schenectady Road, Latham, NY 12110-2400, 518/
783-3932 Fax: 518/783-3916, Computer: 518/783-3946
North Carolina Heritage Program, NC Department of Environment,
Health & Natural Resources, Division of Parks & Recreation, P.O. Box
27687, Raleigh, NC 27611-7687, 919-733-4181 Fax: 919/715-3085
North Dakota Natural Heritage Inventory, North Dakota Parks &
Recreation
[[Page 64868]]
Department, 1835 Bismarck Expressway, Bismarck, ND 58504, 701/328-
5357 Fax: 701/328-5363
Ohio Natural Heritage Data Base, Division of Natural Areas &
Preserves, Department of Natural Resources, 1889 Fountain Square,
Building F-1, Columbus, OH 43224, 614/265-6453 Fax: 614/267-3096
Oklahoma Natural Heritage Inventory, Oklahoma Biological Survey, 111
East Chesapeake Street, University of Oklahoma, Norman, OK 73019-
0575, 405/325-1985 Fax: 405/325-7702, Web site: http://obssun02.uoknor.edu/biosurvey/onhi/home.html
Oregon Natural Heritage Program, Oregon Field Office, 821 SE 14th
Avenue, Portland, OR 97214 503/731-3070; 230-1221 Fax: 503/230-9639
Pennsylvania Natural Diversity Inventory (East, West, Central)
* Pennsylvania Natural Diversity Inventory--East, The Nature
Conservancy, 34 Airport Drive, Middletown, PA 17057, 717/948-3962
Fax: 717/948-3957
* Pennsylvania Natural Diversity Inventory--West, Western
Pennsylvania Conservancy, Natural Areas Program, 316 Fourth Avenue,
Pittsburgh, PA 15222, 412/288-2777 Fax: 412/281-1792
* Pennsylvania Natural Diversity Inventory--Central, Bureau of
Forestry, P.O. Box 8552, Harrisburg, PA 17105-8552, 717/783-0388
Fax: 717/783-5109
Puerto Rico Natural Heritage Program, Division de Patrimonio
Natural, Area de Planificacion Integral, Departamento de Recursos
Naturales y Ambientales de Puerto Rico, P.O. Box 5887, Puerta de
Tierra, Puerto Rico 00906, Tel: 787-722-1726, Fax: 787-725-9526
Rhode Island Natural Heritage Program, Department of Environmental
Management, Division of Planning & Development, 83 Park Street,
Providence, RI 02903, 401/277-2776, x4308 Fax: 401/277-2069
South Carolina Heritage Trust, SC Department of Natural Resources,
P.O. Box 167, Columbia, SC 29202, 803/734-3893 Fax: 803/734-6310
(Call first)
South Dakota Natural Heritage Data Base, SD Department of Game, Fish
& Parks Wildlife Division, 523 E. Capitol Avenue, Pierre, SD 57501-
3182, 605/773-4227 Fax: 605/773-6245
Tennessee Division of Natural Heritage, Department of Environment &
Conservation, 401 Church Street, Life and Casualty Tower, 8th Floor,
Nashville, TN 37243-0447, 615/532-0431 Fax: 615/532-0614
Texas Biological and Conservation Data System, 3000 South IH-35,
Suite 100, Austin, TX 78704, 512/912-7011 Fax: 512/912-7058
U.S. Virgin Islands Conservation Data Center, Eastern Caribbean
Center, University of the Virgin Islands, No. 2 John Brewers Bay,
St. Thomas, VI 00802, (809) 693-1030 [Voice] (809) 693-1025, [Fax],
Home Page: cdc.uvi.edu, E-Mail:[email protected]
Utah Natural Heritage Program, Division of Wildlife Resources, 1596
West North Temple, Salt Lake City, UT 84116, 801/538-4761 Fax: 801/
538-4709
Vermont Nongame & Natural Heritage Program, Vermont Fish & Wildlife
Department, 103 S. Main Street, 10 South, Waterbury, VT 05671-0501,
802/241-3700 Fax: 802/241-3295
Virginia Division of Natural Heritage, Department of Conservation &
Recreation, Main Street Station, 1500 E. Main Street, Suite 312,
Richmond, VA 23219, 804/786-7951 Fax: 804/371-2674
Washington Natural Heritage Program, Department of Natural
Resources, (FedEx: 1111 Washington Street, SE), P.O. Box 47016,
Olympia, WA 98504-7016, 360/902-1340 Fax: 360/902-1783
West Virginia Natural Heritage Program, Department of Natural
Resources, Operations Center, Ward Road, P.O. Box 67, Elkins, WV
26241, 304/637-0245 Fax: 304/637-0250
Wisconsin Natural Heritage Program, Endangered Resources, Department
of Natural Resources, 101 S. Webster Street, Box 7921, Madison, WI
53707, 608/266-7012 Fax: 608/266-2925
Wyoming Natural Diversity Database, 1604 Grand Avenue, Suite 2,
Laramie, WY 82070, 307/745-5026 Fax: 307/745-5026 (Call first),
Internet: [email protected]
Addendum B--Historic Properties Guidance
Applicants must determine whether their facility's storm water
discharges, allowable non-storm water discharges, or construction of
best management practices (BMPs) to control such discharges, has
potential to affect a property that is either listed or eligible for
listing on the National Register of Historic Places.
For existing dischargers who do not need to construct BMPs for
permit coverage, a simple visual inspection may be sufficient to
determine whether historic properties are affected. However, for
facilities which are new industrial storm water dischargers and for
existing facilities which are planning to construct BMPs for permit
eligibility, applicants should conduct further inquiry to determine
whether historic properties may be affected by the storm water
discharge or BMPs to control the discharge. In such instances,
applicants should first determine whether there are any historic
properties or places listed on the National Register or if any are
eligible for listing on the register (e.g., they are ``eligible for
listing'').
Due to the large number of entities seeking coverage under this
permit and the limited number of personnel available to State and
Tribal Historic Preservation Officers nationwide to respond to
inquiries concerning the location of historic properties, EPA
suggests that applicants first access the ``National Register of
Historic Places'' information listed on the National Park Service's
web page (see Part I of this addendum). Addresses for State Historic
Preservation Officers and Tribal Historic Preservation Officers are
listed in Parts II and III of this addendum, respectively. In
instances where a Tribe does not have a Tribal Historic Preservation
Officer, applicants should contact the appropriate Tribal government
office when responding to this permit eligibility condition.
Applicants may also contact city, county or other local historical
societies for assistance, especially when determining if a place or
property is eligible for listing on the register.
The following three scenarios describe how applicants can meet
the permit eligibility criteria for protection of historic
properties under this permit:
(1) If historic properties are not identified in the path of a
facility's storm water and allowable non-storm water discharges or
where construction activities are planned to install BMPs to control
such discharges (e.g., diversion channels or retention ponds), then
the applicant has met the permit eligibility criteria under Part
1.2.3.7.1.
(2) If historic properties are identified but it is determined
that they will not be affected by the discharges or construction of
BMPs to control the discharge, the applicant has met the permit
eligibility criteria under Part 1.2.3.7.1.
(3) If historic properties are identified in the path of a
facility's storm water and allowable non-storm water discharges or
where construction activities are planned to install BMPs to control
such discharges, and it is determined that there is the potential to
adversely affect the property, the applicant can still meet the
permit eligibility criteria under Part 1.2.3.7.2 if he/she obtains
and complies with a written agreement with the appropriate State or
Tribal Historic Preservation Officer which outlines measures the
applicant will follow to mitigate or prevent those adverse effects.
The contents of such a written agreement must be included in the
facility's Storm Water Pollution Prevention Plan. The NOI form is
being amended to include which option was selected to demonstrate
compliance with NHPA provisions. EPA will notify applicants when the
new NOI form takes effect.
In situations where an agreement cannot be reached between an
applicant and the State or Tribal Historic Preservation Officer,
applicants should contact the Advisory Council on Historic
Preservation listed in Part IV of this addendum for assistance.
The term ``adverse effects'' includes but is not limited to
damage, deterioration, alteration or destruction of the historic
property or place. EPA encourages applicants to contact the
appropriate State or Tribal Historic Preservation Officer as soon as
possible in the event of a potential adverse effect to a historic
property.
Applicants are reminded that they must comply with applicable
State, Tribal and local laws concerning the protection of historic
properties and places.
I. Internet Information on the National Register of Historic Places
An electronic listing of the ``National Register of Historic
Places,'' as maintained by the National Park Service on its National
Register Information System (NRIS), can be accessed on the Internet
at ``http://www.nr.nps.gov/nrishome.htm''. Remember to use small
case letters when accessing Internet addresses.
[[Page 64869]]
II. State Historic Preservation Officers (SHPO)
SHPO and Deputy SHPO List:
Alabama
Dr. Lee Warner, SHPO, Alabama Historical Commission, 468 South Perry
Street, Montgomery, AL 36130-0900, 334-242-3184 FAX: 334-240-3477,
E-Mail: [email protected]/
Deputy: Ms. Elizabeth Ann Brown, E-Mail: [email protected].
orgwww.preserveala.org
Alaska
Ms. Judith Bittner, SHPO, Alaska Department of Natural Resources,
Office of History & Archeology, 550 West 7th Avenue, Suite 1310,
Anchorage, AK 99501-3565, 907-269-8721 FAX: 907-269-8908, E-Mail:
[email protected]
Deputy: Joan Antonson, www.dnr.state.ak.us/parks/oha_web
American Samoa
Mr. John Enright, HPO, Executive Offices of the Governor, American
Samoa Historic Preservation Office, American Samoa Government, Pago
Pago, American Samoa 96799, 011-684-633-2384 FAX: 684-633-2367, E-
Mail: [email protected]
Deputy: Mr. David J. Herdrich, E-Mail: [email protected]
Arizona
Mr. James W. Garrison, SHPO, Arizona State Parks, 1300 West
Washington, Phoenix, AZ 85007, 602-542-4174 FAX: 602-542-4180, E-
Mail: [email protected]
Deputy: Ms. Carol Griffith, E-Mail:
[email protected]
Arkansas
Ms. Cathryn B. Slater, SHPO, Arkansas Historic Preservation Program,
323 Center Street, Suite 1500, Little Rock, AR 72201, 501-324-9880
FAX: 501-324-9184, E-Mail: [email protected]
Deputy: Mr. Ken Grunewald, 501-324-9356, E-Mail:
[email protected]
California
Daniel Abeyta, Acting SHPO, Ofc of Hist Pres, Dept Parks &
Recreation, P.O. Box 942896, Sacramento CA 94296-0001, 916-653-6624
FAX: 916-653-9824, E-Mail: [email protected]
Deputy: http://cal-parks.ca.gov
Colorado
Ms. Georgianna Contiguglia, SHPO, Colorado Historical Society, 1300
Broadway, Denver, CO 80203, 303-866-3395 FAX: 303-866-4464,
Deputy: Mr. Mark Wolfe, 303-866-2776, FAX: 303-866-2041, E-Mail:
[email protected]
Deputy: Dr. Susan M. Collins, 303-866-2736, E-Mail:
[email protected]
Tech Ser: Ms. Kaaren Hardy, 303-866-3398, E-Mail:
[email protected]. coloradohistory-oahp.org
Connecticut
Mr. John W. Shannahan, SHPO, Connecticut Historical Commission, 59
So. Prospect Street, Hartford, CT 06106, 860-566-3005 FAX: 860-566-
5078, E-Mail: [email protected]
Deputy: Dr. Dawn Maddox, Pres Programs Sup
Delaware
Mr. Daniel Griffith, SHPO, Division of Historical and Cultural
Affairs, P.O. Box 1401, Dover, DE 19903, 302-739-5313 FAX: 302-739-
6711, E-Mail: [email protected]
Deputy: Ms. Joan Larrivee, Delaware State Hist Preservation Office,
15 The Green, Dover, DE 19901, 302-739-5685 FAX: 302-739-5660, E-
Mail: [email protected]
District of Columbia
Mr. Gregory McCarthy, SHPO, Historic Preservation Division, Suite
305, 941 N. Capitol Street, NE., Room 2500, Washington, DC 20002,
202-442-4570 FAX: 202-442-4860, www.dcra.org
Deputy: Mr. Stephen J. Raiche
Florida
Dr. Janet Snyder Matthews, SHPO, Director, Div of Historical
Resources, Dept of State, R. A. Gray Building, 4th Floor, 500 S.
Bronough St., Tallahassee, FL 32399-0250, 850-488-1480 FAX 850-488-
3353, E-Mail: [email protected] 800-847-7278
www.dos.state.fl.us/dhr/contents.html
Georgia
Mr. Lonice C. Barrett, SHPO, Historic Preservation Division/DNR, 156
Trinity Avenue, SW, Suite 101, Atlanta, GA 30303-3600, 404-656-2840
FAX 404-651-8739
Deputy: Dr. W. Ray Luce, Director, E-Mail:
[email protected]
Deputy: Ms. Carole Griffith, E-Mail:
[email protected]
Deputy: Mr. Richard Cloues, E-Mail: richard_cloues@
mail.dnr.state.ga.uswww.dnr. state.ga.us/dnr/histpres/
Guam
Lynda B. Aguon, SHPO, Guam Historic Preservation Office, Department
of Parks & Recreation, PO Box 2950 Building 13-8 Tiyan, Hagatna,
Guam 96932, 1-671-475-6290 FAX: 1-671-477-2822, E-Mail:
[email protected] http://www.admin.gov.gu/dpr/hrdhome.html
Hawaii
Mr. Timothy Johns, SHPO, Department of Land & Natural Resources,
P.O. Box 621, Honolulu, HI 96809, 808-587-0401
Deputy: Ms. Janet Kawelo,
Deputy: Dr. Don Hibbard, State Historic Preservation Division,
Kakuhihewa Building, Suite 555, 601 Kamokila Boulevard, Kapolei, HI
96707, 808-692-8015 FAX: 808-692-8020, E-Mail:
[email protected]/dlnr
Idaho
Steve Guerber, SHPO, Idaho State Historical Society, 1109 Main
Street, Suite 250, Boise, ID 83702-5642, 208-334-2682
Deputy: Suzi Neitzel, 208-334-3847 FAX: 208-334-2775, E-Mail:
[email protected]
Deputy: Ken Reid, 208-334-3861
Illinois
Mr. William L. Wheeler, SHPO, Associate Director, Illinois Historic
Preservation Agency, 1 Old State Capitol Plaza, Springfield, IL
62701-1512, 217-785-1153 FAX: 217-524-7525
Deputy: Mr. Theodore Hild, Chief of Staff, E-Mail:
[email protected],
Deputy: Ms. Anne Haaker
Indiana
Mr. Larry D. Macklin, SHPO, Director, Department of Natural
Resources, 402 West Washington Street, Indiana Govt. Center South,
Room W256, Indianapolis, IN 46204, E-Mail: [email protected]
Deputy: Jon C. Smith, 317-232-1646 FAX: 317-232-0693, E-Mail:
[email protected]
Iowa
Mr. Tom Morain, SHPO, State Historical Society of Iowa, Capitol
Complex, East 6th and Locust St., Des Moines, IA 50319, 515-281-5419
FAX: 515-242-6498, E-Mail: [email protected]
Ms. Patricia Ohlerking, DSHPO, 515-281-8824 FAX: 515-282-0502,
[email protected]
Kansas
Dr. Ramon S. Powers, SHPO, Executive Director, Kansas State
Historical Society, 6425 Southwest 6th Avenue, Topeka, KS 66615-
1099, 785-272-8681 x205 FAX: 785-272-8682, E-Mail:
[email protected]
Deputy: Mr. Richard D. Pankratz, Director, Historic Pres Dept 785-
272-8681 x217
Deputy: Dr. Cathy Ambler, 785-272-8681 x215 E-Mail: [email protected]
Kentucky
Mr. David L. Morgan, SHPO, Executive Director, Kentucky Heritage
Council, 300 Washington Street, Frankfort, KY 40601, 502-564-7005
FAX: 502-564-5820, E-Mail: [email protected]
Louisiana
Ms. Gerri Hobdy, SHPO, Dept of Culture, Recreation & Tourism, P.O.
Box 44247, Baton Rouge, LA 70804, 225-342-8200 FAX 225-342-8173
Deputy: Mr. Robert Collins 225-342-8200, E-Mail:
[email protected]
Deputy: Mr. Jonathan Fricker 225-342-8160, E-Mail:
[email protected] www.crt.state.la.us
Maine
Mr. Earle G. Shettleworth, Jr., SHPO, Maine Historic Preservation
Commission, 55 Capitol Street, Station 65, Augusta, ME 04333, 207-
287-2132 FAX 207-287-2335, E-Mail: [email protected]
Deputy: Dr. Robert L. Bradley janus.state.me.us/mhpc/
Marshall Islands, Republic of the
Mr. Fred deBrum, HPO, Secretary of Interior and Outer Islands
Affairs, P.O. Box 1454, Majuro Atoll, Republic of the Marshall
Islands 96960, 011-692-625-4642, FAX: 011-692-625-5353
Deputy: Clary Makroro, E-Mail: [email protected]
[[Page 64870]]
Maryland
Mr. J. Rodney Little, SHPO, Maryland Historical Trust, 100 Community
Place, Third Floor, Crownsville, MD 21032-2023, 410-514-7600 FAX
410-514-7678, E-Mail: [email protected]
Deputy: Mr. William J. Pencek, Jr., http://www.ari.net/mdshpo
Massachusetts
Ms. Judith McDonough, SHPO, Massachusetts Historical Commission, 220
Morrissey Boulevard, Boston, MA 02125, 617-727-8470 FAX: 617-727-
5128, TTD: 1-800-392-6090, E-Mail: [email protected]
Deputy: Ms. Brona Simon, Dir Technical Servs E-Mail: Brona.Simon@
sec.state.ma.uswww. state.ma.us/sec/mhc
Michigan
Brian D. Conway, SHPO, State Historic Preservation Office, Michigan
Historical Center, 717 West Allegan Street, Lansing, MI 48918, 517-
373-1630 FAX 517-335-0348, E-Mail: [email protected]
http://www.sos.state.mi.us/history/preserve/preserve.html
Micronesia, Federated States Of
Mr. Rufino Mauricio, FSM HPO, Office of Administrative Services, Div
of Archives and Historic Preservation, FSM National Government, P.O.
Box PS 35, Palikir, Pohnpei, FM 96941, 011-691-320-2343 FAX: 691-
320-5634, E-mail: [email protected]
FSM includes four States, whose HPOs are listed below: Mr. John
Tharngan, HPO, Yap Historic Preservation Office, Office of the
Governor, PO Box 714, Colonia, Yap, FM 96943, 011-691-350-4226 FAX:
691-350-3898, E-Mail: [email protected]
HPO, Div Land mgmt & Natural Resources, Department of Commerce &
Industry, PO Box 280, Moen, Chuuk (Truk), FM 96942, 011-691-330-
2552/2761 FAX: 691-330-4906, Mr. David W. Panuelo, HPO, Dir, Dept of
Land, Pohnpei State Government, P.O. Box 1149, Kolonia, Pohnpei, FM
96941, 011-691-320-2611 FAX: 011-691-320-5599, E-Mail:
[email protected]
Mr. Berlin Sigrah, Kosrae HPO, Div of Land Management &
Preservation, Dept of Agriculture & Lands, PO Box 82, Kosrae, FM
96944, 011-691-370-3078 FAX: 011-691-370-3767, E-Mail: [email protected]
Minnesota
Dr. Nina Archabal, SHPO, Minnesota Historical Society, 345 Kellogg
Boulevard West, St. Paul, MN 55102-1906, 651-296-2747 FAX: 651-296-
1004
Deputy: Dr. Ian Stewart, 651-297-5513,
Deputy: Ms. Britta L. Bloomberg, 651-296-5434 FAX: 651-282-2374, E-
Mail: [email protected] www.mnhs.org
Mississippi
Mr. Elbert Hilliard, SHPO, Mississippi Dept of Archives & History,
P.O. Box 571, Jackson, MS 39205-0571, 601-359-6850,
Deputy: Mr. Kenneth H. P'Pool, Division of Historic Preservation,
601-359-6940 FAX: 601-359-6955, [email protected]
Missouri
Mr. Stephen Mahfood, SHPO, State Department of Natural Resources,
205 Jefferson, P.O. Box 176, Jefferson City, MO 65102, 573-751-4422
FAX: 573-751-7627
Deputy: Ms. Claire F. Blackwell, Historic Preservation Prog, Div of
State Parks, 100 E. High Street, Jefferson City, MO 65101, 573-751-
7858 FAX: 573-526-2852, E-Mail: [email protected]
Deputy: Dr. Douglas K. Eiken, www.mostateparks.com
Montana
Dr. Mark F. Baumler, SHPO, State Historic Preservation Office, 1410
8th Avenue, P.O. Box 201202, Helena, MT 59620-1202, 406-444-7717 FAX
406-444-6575, E-Mail: [email protected]
Deputy: Mr. Herbert E. Dawson, www.hist.state.mt.us
Nebraska
Mr. Lawrence Sommer, SHPO, Nebraska State Historical Society, P.O.
Box 82554, 1500 R Street, Lincoln, NE 68501, 402-471-4745 FAX: 402-
471-3100, E-Mail: [email protected]
Deputy: Mr. L. Robert Puschendorf, 402-471-4769 FAX: 402-471-3316
Nevada
Mr. Ronald James, SHPO, Historic Preservation Office, 100 N Stewart
Street, Capitol Complex, Carson City, NV 89701-4285, 775-684-3440
FAX: 775-684-3442
Deputy: Ms. Alice Baldrica, 775-684-3444, E-Mail:
[email protected] www.state.nv.us
New Hampshire
Ms. Nancy C. Dutton, Director/SHPO, NH Division of Historical
Resources, P.O. Box 2043, Concord, NH 03302-2043, 603-271-6435 FAX:
603-271-3433, TDD: 800-735-2964, E-Mail: [email protected]
Deputy: Ms. Linda Ray Wilson, 603-271-6434 or 603-271-3558, E-Mail:
[email protected] www.state. nh.us/nhdhr
New Jersey
Mr. Robert C. Shinn, SHPO, Dept of Environ Protection, 401 East
State Street, PO Box 402, Trenton, NJ 08625, 609-292-2885 FAX: 609-
292-7695
Deputy: Mr. James Hall, Natural and Historic Resources, 501 East
State Street, PO Box 404, Trenton, NJ 08625, 609-292-3541 FAX: 609-
984-0836
Deputy: Ms. Dorothy Guzzo, Natural and Historic Resources, Historic
Preservation Office, 609-984-0176 FAX: 609-984-0578, E-Mail:
[email protected]
New Mexico
Elmo Baca, SHPO, Historic Preservation Div, Ofc of Cultural Affairs,
228 East Palace Avenue, Santa Fe, NM 87503, 505-827-6320 FAX: 505-
827-6338
Deputy: Dorothy Victor, E-Mail: [email protected]
Deputy: Jan Biella, E-Mail: [email protected] www.museums.
state.nm.us/hpd
New York
Ms. Bernadette Castro, SHPO, Parks, Recreation & Historic
Preservation, Agency Building #1, Empire State Plaza, Albany, NY
12238, 518-474-0443
Deputy: Mr. J. Winthrop Aldrich, Deputy, 518-474-9113 FAX 518-474-
4492
Historic Preservation Staff: Ms. Ruth L. Pierpont, Director, Bureau
of Field Services, NY State Parks, Rec. & Hist. Pres., Peebles
Island PO 189, Waterford, NY 12188-0189, 518-237-8643 x 3269 FAX
518-233-9049, E-Mail: ruth.pierpont@ oprhp.state.ny.us
www.nysparks.com
North Carolina
Dr. Jeffrey J. Crow, SHPO, Division of Archives & History, 4610 Mail
Service Center, Raleigh, NC 27699-4610, 919-733-7305 FAX: 919-733-
8807, E-Mail: [email protected]
Deputy: Mr. David Brook, Historic Preservation Office, 4617 Mail
Service Center, Raleigh, NC 27699-4617, 919-733-4763 FAX: 919-733-
8653, E-Mail: [email protected] http://www.hpo.dcr.state.nc.us
North Dakota
Mr. Samuel Wegner, SHPO, State Historical Society of North Dakota,
612 E. Boulevard Ave., Bismarck, ND 58505, 701-328-2666 FAX: 701-
328-3710, [email protected] www.state.nd.us/hist
Deputy: Mr. Merl Paaverud, 701-328-2672
Northern Mariana Islands, Commonwealth of the
Mr. Joseph P. DeLeon Guerrero, HPO, Dept of Community & Cultural
Affairs, Division of Historic Preservation, Airport Road, Northern
Mariana Islands, Saipan, MP 96950, 670-664-2125 FAX 670-664-2139, E-
Mail: [email protected]
Deputy: Mr. Scott Russell, 670-664-2121
Ohio
Mr. Amos J. Loveday, SHPO, Ohio Historic Preservation Office, 567 E
Hudson Street, Columbus, OH 43211-1030, 614-297-2600 FAX: 614-297-
2233, E-Mail: [email protected]
Deputy: Mr. Franco Ruffini, 614-297-2470 FAX: 614-297-2496, E-Mail:
fruffini@ ohiohistory.org www.ohiohistory.org/resource/histpres
Oklahoma
Dr. Bob L. Blackburn, SHPO, Oklahoma Historical Society, 2100 N.
Lincoln Blvd., Oklahoma City, OK 73105, 405-521-2491 FAX 405-521-
2492, www.ok-history.mus.ok.us
Deputy: Ms. Melvena Thurman Heisch, State Historic Preservation
Office, 2704 Villa Prom, Shepherd Mall, Oklahoma City, OK 73107 405-
522-4484 FAX: 405-947-2918, E-Mail: history.mus.ok.us">mheisch@ok-history.mus.ok.us
Oregon
Mr. Michael Carrier, SHPO, State Parks & Recreation Department, 1115
Commercial Street, NE, Salem, OR 97301-1012, 503-378-5019 FAX 503-
378-8936
Deputy: Mr. James Hamrick, 503-378-4168 x231 FAX 503-378-6447, E-
Mail: james.hamrick@ state.or.us www.prd.state.or.us/about_shpo.html
Palau, Republic of
Ms. Victoria N. Kanai, HPO, Ministry of Community & Cultural
Affairs, P.O. Box
[[Page 64871]]
100, Koror, Republic of Palau 96940, 011-680-488-2489 FAX: 680-488-
2657
Pennsylvania
Dr. Brent D. Glass, SHPO, Pennsylvania Historical & Museum Comm,
P.O. Box 1026, Harrisburg, PA 17108, 717-787-2891
Deputy: Ms. Brenda Barrett, Bur for Historic Pres, 717-787-4363 FAX:
717-772-0920, E-Mail: brenda_barrett@ phmc.state.pa.us
Puerto Rico, Commonwealth of
Ms. Lilliane D. Lopez, SHPO, Office of Historic Preservation, Box
82, La Fortaleza, Old San Juan, Puerto Rico 00901, 787-721-2676 or
3737 FAX 787-723-0957
Deputy: Berenice Sueiro, E-Mail: [email protected]
Rhode Island
Mr. Frederick C. Williamson, SHPO, Rhode Island Historic
Preservation & Heritage Comm, Old State House, 150 Benefit St.,
Providence, RI 02903, 401-222-2678 FAX: 401-222-2968
Deputy: Mr. Edward F. Sanderson, E-Mail: [email protected]
South Carolina
Dr. Rodger E. Stroup, SHPO, Department of Archives & History, 8301
Parklane Road, Columbia, SC 29223-4905, 803-896-6100 FAX 803-896-
6167
Deputy: Ms. Mary W. Edmonds, 803-896-6168, E-Mail: edmonds@
scdah.state.sc.us http://www. state.sc.us/scdah/
South Dakota
Mr. Jay D. Vogt, SHPO, State Historic Preservation Office, Cultural
Heritage Center, 900 Governors Drive, Pierre, SD 57501, 605-773-3458
FAX 605-773-6041, E-Mail: [email protected] http://www.state.sd.us/state/executive/deca/cultural/histpres.htm
Tennessee
Mr. Milton Hamilton, SHPO, Dept of Environment and Conservation, 401
Church Street, L & C Tower 21st Floor, Nashville, TN 37243-0435,
615-532-0109 FAX: 615-532-0120
Deputy: Mr. Herbert L. Harper, Tennessee Historical Commission, 2941
Lebanon Road, Nashville, TN 37243-0442, 615-532-1550 FAX: 615-532-
1549, www.state.tn.us/environment/hist/hist.htm
Texas
Mr. F. Lawerence Oaks, SHPO, Texas Historical Commission, P.O. Box
12276, Austin, TX 78711-2276, 512-463-6100 FAX: 512-475-4872, E-
Mail: [email protected]
Deputy: Mr. James Wright Steely, Dir Nat'l Reg Prog, 512-463-5868
FAX: 512-475-3122, E-Mail: [email protected]
Deputy: Mr. Stanley O. Graves, Dir, Architecture Div, 512-463-6094
FAX: 512-463-6095, E-Mail: [email protected]
Deputy: Dr. James E. Bruseth, Dir Antiquities Prot, 512-463-6096
FAX: 512-463-8927, E-Mail: [email protected]
www.thc.state.tx.us
Utah
Mr. Max Evans, SHPO, Utah State Historical Society, 300 Rio Grande,
Salt Lake City, UT 84101, 801-533-3500 FAX: 801-533-3503
Deputy: Mr. Wilson Martin, E-Mail: [email protected]
http://history.utah.org
Vermont
Ms. Emily Wadhams, SHPO, Vermont Division for Historic Preservation,
National Life Building, Drawer 20, Montpelier, VT 05620-0501, 802-
828-3211, E-Mail: [email protected]
Deputy: Mr. Eric Gilbertson, Director, 802-828-3043 FAX 802-828-
3206, E-Mail: ergilbertson@ dca.state.vt.uswww.state. vt.us/dca/
historic/
Virgin Islands
Mr. Dean C. Plaskett, Esq., SHPO, Department of Planning & Natural
Resources, Cyril E. King Airport, Terminal Building--Second Floor,
St. Thomas, VI 00802, 340-774-3320 FAX: 340-775-5706
Deputy: Ms. Claudette C. Lewis, 340-776-8605 FAX: 340-776-7236
Virginia
Mr. H. Alexander Wise, Jr, SHPO, Department of Historic Resources,
2801 Kensington Avenue, Richmond, VA 23221, 804-367-2323 FAX: 804-
367-2391, E-Mail: [email protected]
Deputy: Kathleen Kilpatrick
Washington
Dr. Allyson Brooks, SHPO, Ofc of Archeology & Historic Preservation,
PO Box 48343, 420 Golf Club Road, SE, Suite 201, Lacey, Olympia, WA
98504-8343, 360-407-0753 FAX: 360-407-6217, [email protected]
Deputy: Mr. Greg Griffith, 360-407-0753, E-Mail: [email protected]
West Virginia
Ms. Renay Conlin, SHPO, West Virginia Division of Culture & History,
Historic Preservation Office, 1900 Kanawha Boulevard East,
Charleston, WV 25305-0300, 304-558-0220 FAX: 304-558-2779, E-Mail:
[email protected]
Deputy: Ms. Susan Pierce, E-Mail: [email protected]
Wisconsin
Mr. George L. Vogt, SHPO, State Historical Society of Wisconsin, 816
State Street, Madison WI 53706, 608-264-6500 FAX: 608-264-6404, E-
Mail: [email protected]
Deputy: Ms. Alicia L. Goehring, E-Mail: algoehring@ mail.shsw.wisc.
edu www.shsw.wisc.edu/ahi/index.html
Wyoming
Ms. Wendy Bredehoft, SHPO, Wyoming State Hist. Pres. Ofc., 2301
Central Avenue, 4th Floor, Cheyenne, WY 82002, 307-777-7013 FAX 307-
777-3543, E-Mail: [email protected]
Deputy: Judy K. Wolf, 307-777-6311, E-Mail: [email protected]
Sheila Bricher-Wade, Reg Ser 307-777-6179, E-Mail:
[email protected]
Mary M. Hopkins, Cult Records 307-766-5324, http://commerce.state.wy.us/cr/shpo
Associate Members:
Navajo Nation
Dr. Alan Downer, HPO, PO Box 4950, Window Rock, AZ 86515, 520-871-
6437 FAX: 520-871-7886, E-Mail: [email protected]
Lac Du Flambeau of Lake Superior Band Chippewa Indians
Ms. Patricia A. Hrabik Sebby, THPO, PO Box 67, Lac Du Flambeau, WI
54538, 715-588-3303
Leech Lake Band of Chippewa Indians
Ms. Rose A. Kluth, THPO, Leech Lake Reservation, RR3, Box 100, Cass
Lake, MN 56633, 218-335-8200 FAX: 218-335-8309, E-Mail:
[email protected]
Turtle Mountain Band of Chippewa Indians
Mr. Kade M. Ferris, THPO, Turtle Mountain Band of Chippewa Indians,
PO Box 900, Belcourt, ND 58316, E-Mail: [email protected]
National Governors= Association, National Alliance of Preservation
Commissions, National Trust for Historic Preservation, Preservation
Action
NCSHPO Officers, Board and Staff
President: Judith Bittner, Alaska, Vice President: H. Alexander
Wise, Jr., Secretary: Judith McDonough, Massachusetts, Treasurer:
Cathryn Slater, Arkansas
Directors: Brenda Barrett, Pennsylvania, Britta Bloomberg,
Minnesota, Theodore Hild, Illinois, Wilson Martin, Utah, Amos
Loveday, Ohio, Ken P'Pool, Mississippi, Daniel Abeyta, California,
Dorothy Guzzo, New Jersey, Jay Vogt, South Dakota, F. Lawerence
Oaks, Texas, Ted Sanderson, Rhode Island, Melvena Heisch, Oklahoma
Executive Director: Nancy Miller [email protected]
Office Manager: Anita Zepp [email protected]
Senior Program Manager: Andra Reinholz [email protected]
National Park Service--National Center--http://www.nps.gov/
Associate Director, Cultural Resources, Kate Stevenson, 202-208-7625
Assistant Director & Manager, Cultural Resources, 202-343-9596
Archeology and Ethnography, Frank McManamon, Program Manager, 202-
343-4101
HABS/HAER Division, E. Blaine Cliver, Chief, 202-343-9618
Heritage Preservation Services Program, Pat Tiller, Chief, 202-343-
9569
Preservation Initiatives Branch, Bryan Mitchell, Chief, 202-343-9558
Technical Preservation Services Branch, Sharon Park, Chief, 202-343-
9584,
State, Tribal & Local Programs Branch, Joe Wallis, Chief, 202-343-
9564
Museum Management Program, Ann Hitchcock, Chief Curator, 202-343-
9569
National Register, History & Education, Dwight Picaithley, Chief
Historian, 202-343-9536
Keeper of the National Register of Historic Places, Carol Shull,
202-343-9536
Park Hist Struct/Cult Landscape Prg, Randall Biallas, Chief
Historical Architect, 202-343-9588
[[Page 64872]]
National Park Service--Systems Support Offices
Anchorage, 907-257-2690, Philadelphia, 215-597-0652, Denver, 303-
969-2875, Atlanta, 404-562-3157, San Francisco, 415-427-1300
Advisory Council on Historic Preservation--http://www.achp.gov
John Fowler, Executive Director, 202-606-8503, Ron Anzalone,
Assistant to Executive Director, 202-606-8505, Don Klima, Director,
Office of Planning & Review, Eastern and Western Regions, 202-606-
8505
National Trust--http://www.nthp.org
Main Number--Washington, DC, 202-588-6000
Northeast Regional Office, Wendy Nicholas, Dir, 617-523-0885
Northeast Field Office, Patrick Hauck, Sr Prog Assoc, 215-991-5778
Southern Field Office, Lisa Burcham, Sr Prog Assoc, 202-588-6107
Southern Regional Office, John Hildreth, Dir, 843-722-8552
Midwest Regional Office, Jim Mann, Dir, 312-939-5547
Southwest Field Office, Jane Jenkins, Dir, 817-332-4398
Mountains/Plains Regional Office, Barbara Pahl, Dir, 303-623-1504
Western Regional Office, Elizabeth Goldstein, Dir, 415-956-0610
Preservation Action--www.preservationaction.org
Susan West Montgomery, President, 202-659-0915
Council on America's Military [email protected]
Herbert M. Hart, Executive Director, 703-912-6124, Updated September
5, 2000
III. Tribal Historic Preservation Officers (THPO)
In instances where a Tribe does not have a Tribal Historic
Preservation Officer, please contact the appropriate Tribal
government office when responding to this permit eligibility
condition.
Tribal Historic Preservation Officers:
(THPO vacant), Tunica-Biloxi Indians of Louisiana, P.O. Box 331,
Marksville, LA 71351
James Bird, Eastern Band of Cherokee Indians, Quallah Boundary, P.O.
Box 455, Cherokee, NC 28719
Brenda Boyd, Mille Lacs Band of Ojibwe Indians, HCR 67, Box 194,
Onamia, MN 56395
John Brown, Narragansett Indian Tribe, P.O. Box 700, Wyoming, RI
02898
Marcia Cross, Confederated Salish and Kootenai Tribes, P.O. Box 278,
Pablo, MT 59855
William Day, Poarch Band of Creek Indians, 5811 Jack Springs Rd.,
Atmore, AL 36502
Alan S. Downer, Ph.D., Historic Preservation Dept., Navajo Nation,
P.O. Box 4950, Window Rock, AZ 86515
Kade M. Ferris, Turtle Mountain Band of Chippewa Indians, P.O. Box
900, Belcourt, ND 58316
Adeline Fredin, Confederated Tribes of the Colville Reservation,
P.O. Box 150, Nespelem, WA 99155
Thomas Gates, Cultural Division, Yurok Tribe, 1034 6th St., Eureka,
CA 95501
David Grignon, Menominee Indian Tribe of Wisconsin, P.O. Box 910,
Keshena, WI 54135-0910
Monza V. Honga, Office of Cultural Resources, Hualapai Tribe, P.O.
Box 310, Peach Springs, AZ 86434
Kelly Jackson, Lac du Flambeau, P.O. Box 67, Lac du Flambeau, WI
54538
Manfred (Fred) Jaenig, Confederated Tribes of the Umatilla
Reservation, P.O. Box 638, Pendleton, OR 97801
Sebastian (Bronco) LeBeau, Cheyenne River Sioux Tribe, P.O. Box 590,
Eagle Butte, SD 57625
Tim Mentz, Standing Rock Sioux Tribe, P.O. Box D, Fort Yates, ND
58538
Donna Stern-McFadden, Mescalero Apache Tribe, P.O. Box 227,
Mescalero, New Mexico 88340
Scott E. Stuemke, Confederated Tribes of Warm Springs, Cultural
Resources Department, P.O. Box C, Warm Springs, OR 97761
Matthew Vanderhoop, Wampanoag Tribe of Gay Head (Aquinnah), 20 Black
Brook Road, Aquinnah, MA 02535-9701, Phone: (508) 645-9265, Fax:
(508) 645-3790
John Welch, White Mt. Apache Tribe, P.O. Box 700, Whiteriver, AZ
85941, Phone: (520) 338-5430, Fax: (520) 338-5488
Gerald White, Leech Lake Band of Chippewa Indians, Route 3, Box 100,
Cass Lake, MN 56633
Louie J. Wynne, Spokane Tribe of Indians, P.O. Box 100, Wellpinit,
WA 99040
For more information: National Association of Tribal Historic
Preservation Officers, D. Bambi Kraus, President, 1411 K Street NW,
Suite 700, Washington, DC 20005, Phone: (202) 628-8476, Fax: (202)
628-2241
IV. Advisory Council on Historic Preservation
Advisory Council on Historic Preservation, 1100 Pennsylvania Avenue,
NW., Suite 809, Washington, DC 20004 Telephone: (202) 606-8503/8505,
Fax: (202) 606-8647/8672, E-mail: [email protected]
Addendum C--New Source Environmental Assessments
Basic Format for Environmental Assessment
This is the basic format for the Environmental Assessment
prepared by EPA from the review of the applicant's Environmental
Information Document (EID) required for new source NPDES permits.
Comprehensive information should be provided for those items or
issues that are affected; the greater the impact, the more detailed
information needed. The EID should contain a brief statement
addressing each item listed below, even if the item is not
applicable. The statement should at least explain why the item is
not applicable.
A. General Information
1. Name of applicant
2. Type of facility
3. Location of facility
4. Product manufactured
B. Description Summaries
1. Describe the proposed facility and construction activity
2. Describe all ancillary construction not directly involved
with the production processes
3. Describe briefly the manufacturing processes and procedures
4. Describe the plant site, its history, and the general area
C. Environmental Concerns
1. Historical and Archeological (include a statement from the
State Historical Preservation Officer)
2. Wetlands Protection and 100-year Floodplain Management (the
Army Corps of Engineers must be contacted if any wetland area or
floodplain is affected)
3. Agricultural Lands (a prime farmland statement from the Soil
Conservation Service must be included)
4. Coastal Zone Management and Wild and Scenic Rivers
5. Endangered Species Protection and Fish and Wildlife
Protection (a statement from the U.S. Fish and Wildlife Service must
be included)
6. Air, Water and Land Issues: quality, effects, usage levels,
municipal services used, discharges and emissions, runoff and
wastewater control, geology and soils involved, land-use
compatibility, solid and hazardous waste disposal, natural and man-
made hazards involved.
7. Biota concerns: floral, faunal, aquatic resources,
inventories and effects
8. Community Infrastructures available and resulting effects:
social, economic, health, safety, educational, recreational,
housing, transportation and road resources.
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Addendum D--Notice of Intent Form
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Addendum E--Notice of Termination Form
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Addendum F--No Exposure Certification Form
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[FR Doc. 00-25469 Filed 10-27-00; 8:45 am]
BILLING CODE 6560-50-C