United States 0**ce O< Water EPA S33-P-93-CC2
Envro.ineritai Protection EN-336: Ma'CP'992
Agency
NPDES Storm Water Program
Question And Answer Document
Volume 1
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NPDES
Storm Water Program
and Answer Document
U.S. Environmental Protection Agency
Office of Wastewater Enforcement and Compliance
Permits Division
401 M Street, SW
Washington, DC 20460
March 1992
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INDUSTRIAL PERMIT APPLICATION QUESTIONS AND ANSWERS
r tMorv I • Facilities subject to storm water effluent guidelines, new source
performance standards, or toxic pollutant effluent standards.
1.
What tdnds of facilities are included under category (I)?
Category (i) includes facilities subject to storm water effluent limitations
guidelines, new source performance standards, or toxic pollutant effluent
standards'under Titie 40 subchapter N of the Code of Federal Regulations
(CFR) (except facilities with toxic pollutant effluent standards which are
exempted under category (xi) of the definition of storm water discharge
associated with industrial activity). The term 'storm water" modifies only
•effluent limitations guidelines.' Facilities subject to subcategories with new
source performance standards, toxic pollutant effluent standards, or storm
water effluent limitation guidelines are required to submit a National Pollutant
Discharge Elimination System (NPDES) permit application for storm water
discharges associated with industrial activity.
2. What kinds of facilities are subject to storm water effluent guidelines?
The following categories of facilities have storm water effluent guidelines for at
least one of their subcategories: cement manufacturing (40 CFR 411); feedlots
(40 CFR 412); fertilizer manufacturing (40 CFR 418); petroleum refining (40 CFR
419); phosphate manufacturing (40 CFR 422); steam electric power generation
(40 CFR 423); coal mining (40 CFR 434); mineral mining and processing (40
CFR 436); ore mining and dressing (40 CFR 440); and asphalt (40 CFR 443). A
facility that falls into one of these general categories should examine the effluent
guideline to determine if it is categorized in one of the subcategories that have
storm water effluent guidelines. If a facility is classified as one of those
subcategories, that facility is subject to the standards listed in the CFR for that
category, and as such, is required to submit a storm water discharge permit
application.
3. What kinds of facilities are subject to "toxic pollutant effluent standards"?
First, it is important to understand the term toxic pollutant. Toxic pollutants
refers to the priority pollutants listed in Tables II and III of Appendix D to 40 CFR
part 122 (not 40 CFR Part 129). If any of these toxic pollutants are limited in
an effluent guideline to which the facility is subject (including pretreatment
standards), then the facility must apply for a storm water permit. The following
March 16, 1992
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categories of facilities nave toxic pollutant effluent standards for at least one
subcategory:
Textile mills (40 CFR 410)
Electroplating (40 CFR 413)
Organic chemicals, plastics, and synthetic fibers (40 CFR 414)
Inorganic chemicals (40 CFR 415)
Petroleum refining (40 CFR 419)
Iron and steel manufacturing (40 CFR 420)
Nonferrous metals manufacturing (40 CFR 421)
Steam electric power generating (40 CFR 423)
Ferroalloy manufacturing (40 CFR 424)
Leather tanning and finishing (40 CFR 425)
Glass manufacturing (40 CFR 426)
Rubber manufacturing (40 CFR 428)
Timber products processing (40 CFR 429)
Pulp, paper, and paperboard (40 CFR 430)
Metal finishing (40 CFR 433)
Pharmaceutical manufacturing (40 CFR 439)
Ore mining and dressing (40 CFR 440)
Pesticide chemicals (40 CFR 455)
Photographic processing (40 CFR 459)
Battery manufacturing (40 CFR 461)
Metal molding and casting (40 CFR 464)
Coil coating (40 CFR 465)
Porcelain enameling (40 CFR 466)
Aluminum forming (40 CFR 467)
Copper forming (40 CFR 468)
Electrical and electronic components (40 CFR 469)
Nonferrous metals forming and metal powders (40 CFR 471)
4. What kind* of facilities are subject to "new source performance
standards'?
Most effluent guidelines listed in subchapter N contain New Source
Performance Standards (NSPS). A facility that is subject to a NSPS as defined
for that particular effluent guideline is required to submit a permit application for
the storm water discharges associated with industrial activity at that site. The
definition of a new source varies based on the publication date of the particular
effluent guideline.
The following categories of 40 CFR Subchapter N facilities do not have new
source performance standards. All other categories have at least one
subcategory with new source performance standards.
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Oil and Gas Extraction (40 CFR 435)
Mineral Mining and Processing (40 CFR 436)
Gum and Wood Chemicals Manufacturing (40 CFR 454)
Pesticide Chemicals (40 CFR 455}
Explosives Manufacturing (40 CFR 457)
Photographic (40 CFR 459)
Hospital (40 CFR 460)
5. If a facility Is included under the description of both category (i) and
category (xi), Is that facility required to submit a storm water permit
application if material handling equipment or activities, raw materials,
intermediate products, final products, waste materials, by-products, or
Industrial machinery are not exposed to storm water?
The answer depends on why the facility is included in category (i). If the facility
is included in category (i) because it is subject to storm water effluent standards
or new source performance standards, the facility is required to apply for a
permit regardless of whether rt has exposure or not. Facilities that are included
in category (i) only because they have toxic pollutant effluent standards are not
required to submit an application if they indeed have no exposure to material
handling equipment or activities, raw materials, intermediate products, final
products, waste materials, by-products, or industrial machinery.
Categories ii, Hi, vi, viii, and xi
6. What industrial groups are covered by Standard Industrial Classification
(SIC) codes that are used in the definition of storm water discharge
associated with industrial activity?
The following SIC codes and associated industries are included in the indicated
categories of the definition:
Category (ii)
24 (except 2434) - Lumber and Wood Products (except wood kitchen
cabinets)
26 (except 265 and 267) - Paper and Allied Products (except paperboard
containers and products)
28 (except 283 and 285) - Chemicals and Allied Products (except drugs
and paints)
29 - Petroleum Refining Industries
311 - Leather Tanning and Finishing
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32 (except 323) - Stone/Clay/Glass and Concrete Products (except
glass products made of purchased glass)
33 - Primary Metal Industries
3441 - Fabricated Structural Metals
373 - Ship and Boat Building and Repairing
Category (iii)
10 - Metal Mining
12 - Coal Mining
13 - Oil and Gas Extraction
14 - Nonmetallic Minerals
Category (vi)
5015 - Motor Vehicles Parts, Used
5093 - Scrap and Waste Materials
Category (viii)
40 - Railroad Transportation
41 - Local Passenger Transportation
42 (except 4221-4225) • Trucking and Warehousing (except public
warehousing and storage)
43 - U.S. Postal Service
44 - Water Transportation
45 - Transportation by Air
5171 - Petroleum Bulk Stations and Terminals
Category (»)
20 - Food and Kindred Products
21 - Tobacco Products
22 - Textile Mill Products
23 - Apparel Related Products
2434 - Wood Kitchen Cabinets Manufacturing
25 - Furniture and Fixtures
265 - Paperboard Containers and Boxes
267 - Converted Paper and Paperboard Products
27 - Printing, Publishing, and Allied Industries
283 - Drugs
285 - Paints, Varnishes, Lacquer, Enamels, and Allied Products
30 - Rubber and Plastics
31 (except 311) - Leather and Leather Products (except leather
tanning and finishing)
323 - Glass Products
34 (except 3441) • Fabricated Metal Products (except fabricated
structural metaJ)
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35 - Industrial and Commercial Machinery and Computer Equipment
36 - Electronic and Other Electrical Equipment and Components
37 (except 373) - Transportation Equipment (except ship and boat
building and repairing)
38 - Measuring, Analyzing, and Controlling Instruments
39 - Miscellaneous Manufacturing Industries
4221-4225 - Public Warehousing and Storage
Category ili - Mining and O» & Gat Operations
7. Are inactive mines included in the regulation?
Two conditions must be met for an inactive mine to be required to submit a
storm water discharge permit application. First, the facility must have a
discharge of storm water that has come into contact with any overburden, raw
material, intermediate products, finished products, byproducts, or waste
products located on the site of the facility. The second condition depends on
the type of mining activity.
Inactive non-coal mining operations must apply until such sites are released
from applicable State or Federal reclamation requirements after December 17,
1990. Non-coal mining operations released from applicable State or Federal
requirements before December 17, 1990, must apply for an NPDES storm water
discharge permit if the storm water discharges are contaminated as discussed
above.
Inactive coal mining operations must apply unless the performance bond issued
to the facility by the appropriate Surface Mining Control and Reclamation Act
(SMCRA) authority has been released.
8. Are any oil & gat exploration, production, processing, or treatment
operations, or transmission facilities classified under SIC code 13, exempt
from having to apply for a storm water permit?
Yes, such facilities are exempt unless they have discharged storm water after
November 16, 1987, containing a ReportaJble Quantity (RQ) of a pollutant for
which notification is or was required pursuant to 40 CFR 117.21, 40 CFR 302.6,
or 40 CFR 110.6; or if a storm water discharge from the facility contributes to a
violation of a water quality standard, as set forth in 40 CFR 122.26(c)(1)(i«).
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9. What Is • reportable quantity for discharges from an oil or gas
operations?
As defined at 40 CFR 110.6, an RQ is the amount of oii that violates applicable
water quality standards or causes a film or sheen upon or a discoloration of the
surface of the water or adjoining shorelines or causes a sludge or emulsion to
be deposited beneath the surface of the water or upon adjoining shorelines (40
CFR part 110.6). The RQs for other substances are listed in 40 CFR 117.3 and
302.4 in terms of pounds released over any 24-hour period.
10. Are access roads for mining operations covered?
Any construction that disturbs 5 acres or more of total land area must apply for
a storm water discharge permit.
After construction, roads for mining operations would not be included unless
storm water runoff from such roads mixes with storm water that is contaminated
by contact with overburden, raw materials, intermediate products, finished
products, byproducts, or waste products. When roads are constructed out of
materials such as overburden or byproducts, an application for an NPDES
storm water discharge permit would be required.
Category Iv - Hazardous Wsste Treatment, Storage, or Disposal Facilities
11. Is a facility that stores hazardous waste less than 90 days required to
submit an application?
it is EPA's intent to cover those facilities that are operating under interim status
or permit under the Resource Conservation and Recovery Act (RCRA) subtitle
C. As such, only facilities meeting the definition of a hazardous waste
treatment, storage, or disposal facility under RCRA are expressly included in
this category. A facility that stores hazardous waste less than 90 days is not
considered to be a treatment, storage, or disposal facility, and therefore is not
required to submit a storm water permit application.
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Category v - Landfill*, Land Application Sites and Open Dumpa
12. Do doted or Inactive landfill* need to apply for a permit?
Yes. Any landfill, active, inactive or closed, must apply for a permit if rt receives,
or has received, wastes from the industrial facilities identified under
122.26(b)(14)(i)-(xi). To the extent that control measures and best management
practices address storm water, the permit may incorporate those control
measures.
13. Does a landfill that receives only the office waste and/or cafeteria waste
from Industrial facilities have to apply for an NPDES permit?
No. Only landfills that receive or have received waste from manufacturing
portions of industrial facilities need to apply for a permit
Category vt - Recycling Facilities
14. Are gas stations or repair shops that collect tires or batteries classified in
the "recycling* category?
No. Onty those facilities classified in SIC codes 5015 (used motor vehicle parts)
and 5093 (scrap and waste materials) are in the "recycling" category. This
includes facilities such as metal scrap yards, battery reclaimers, salvage yards,
and automobile junk yards.
15. Are municipal waste collection sites included in category (vt)?
No. Municipal waste collection sites where bottles, cans, and newspapers are
collected for recycling purposes are not classified as SIC codes 5015 or 5093.
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Category vM - Steam Electric Power Generating Facilities
16. Are offsite transformer areas regulated under the NPDES storm water
rule?
No. Upon examination of the Toxic Substances Control Act, EPA determined
that the regulation of storm water discharges from these facilities should be
studied under Section 402 (p) (5) of the Clean Water Act (CWA) (55 FR 48013).
Future regulations may be developed to address these areas.
17. Are storm water discharges from electrical substations Included In the
definition of industrial activity?
No. Electrical substations are not covered by this regulation.
18. Are storm water discharges from coal piles that are located offsite from
the power station included in the definition of industrial activity?
No. Offsite coal piles are not covered by this regulation. In order to be
included, a coal pile must be located on the site of a facility defined by the
regulation as being "engaged in an industrial activity.*
19. Are storm water discharges from co-generation facilities Included in the
definition of industrial activity?
A heat capture co-generation facility is not covered under the definition of storm
water discharge associated with industrial activity; however, a dual fuel co-
generation facility is included and therefore must submit an application for the
storm water discharges associated with industrial activity.
20. Are university power plants Included in the definition of industrial activity?
Yes. A university steam electric power generating facility is required to apply for
a storm water discharge permit.
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Category vlil - Tnniportation Facilities
21. Ars gas stations and automotive repair shops required to apply for an
NPDES storm water discharge permit?
No. These facilities are classified in SIC codes 5541 (gasoline filling stations)
and 7538 (automotive repair shops). The storm water rule generally does not
address facilities with SIC classifications pertaining to wholesale, retail, service
or commercial activities. Additional regulations addressing these sources may
be developed under Section 403(p)(6) of the CWA if studies required under
Section 402(p)(5) indicate the need for regulation.
22. Does a vehicle maintenance shop or an equipment cleaning facility need
to apply for a permit?
Yes, if the shop is categorized by the SIC codes listed in the transportation
category of facilities engaged in industrial activity [i.e., SIC codes 40, 41, 42
(except 4221-25} 43, 44, 45 and 5171]. Only the vehide maintenance (including
vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication) and
equipment cleaning areas (such as truck washing areas) must be addressed in
the application.
As explained above, gas stations are classified in SIC code 5541 and
automotive repair services are classified as SIC code 75, which are not included
in the regulatory definition of industrial activity, and therefore are not required to
submit NPDES storm water discharge permit applications.
23. Are municipally owned and/or operated school bus maintenance facilities
required to apply for an NPDES permit?
No. The SIC Manual states that "school bus establishments operated by
educational institutions should be treated as auxiliaries* to the educational
institution. Since the SIC code assigned to educational institutions is 82, the
municipally operated (\.e., by a school board, district, or other municipal entity)
school bus establishments would not be required to apply for an NPDES permit
for their storm water discharges. Private contract school bus services are
required to apply for an NPDES permit for their storm water discharges.
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24. Is SIC cod* 4212 always assigned to facilities with dump trucks?
No. The maintenance facility must be primarily engaged in maintaining the
dump truck to be characterized as SIC code 4212. Dump trucks used for road
maintenance and construction and facilities that maintain these trucks are
classified under SIC code 16 (heavy construction other than building
construction) and therefore would not be characterized as engaging in
industrial activity.
25. How does a municipality determine what type of vehicle a particular
maintenance facility Is primarily engaged in servicing?
The SIC Manual recommends using a value of receipts or revenues approach
to determine what is the primary activity of a facility. For example, if a
maintenance facility services both school buses and intercity buses, the facility
would total receipts for each type of vehicle and whichever generated the most
revenue, would be the vehicle type that the facility is primarily engaged in
servicing. If data on revenues and receipts are not available, the number of
vehicles and frequency of service may be compared. If a facility services more
than two types of vehicles, whichever type generates the most (not necessarily
greater than half of the total) revenue, or is most frequently serviced, is the
vehicle type the facility is primarily engaged in servicing.
26. Is a municipal maintenance facility that is primarily engaged In servicing
garbage trucks required to apply for a permit?
The answer depends on the SIC code assigned to the establishment If the
municipality also owns the disposal facility (e.g., landfill, incinerator) that
receives refuse transported by the trucks, then the maintenance facility would
be classified as SIC code 4953 and thus would not be required to apply for a
permit unless the maintenance facility was located at a facility covered under
one of the other categories of industrial activity (e.g., a landfill that receives
industrial waste). If, however, the municipality does not own the disposal
facility, the truck maintenance facility would be classified as SIC code 4212 and
thus would be required to apply for a permit. If other vehicles are serviced at
the same maintenance facility, the facility may not be required to submit a
permit application (see question #25 above).
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27. Are fir* trucks or police cars included In the transportation SIC codes?
No. The operation of fire trucks and police cars are classified under public
order and safety (SIC code 92); therefore, the operator of a facility primarily
engaged in servicing those vehicles would not be required to apply for a permit.
28. Do all airports need to apply for a storm water discharge permit?
No, only those airports classified as SIC code 45. Only those portions of the
facility that are either involved in vetvclo maintenance (including vehicle
rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment
cleaning, or airport detctng or which are otherwise identified under
I22.26(b)(14)(i)-(vii) or (ix-xi) are required to be permitted. Airports that are not
engaged in such activities do not require storm water discharge permits.
Facilities primarily engaged in performing services that incidentally use airplanes
(e.g., crop dusting and aerial photography) are classified according to the
service performed.
29. Is the detctng of airplanes, runways, or both included In airport deidng
operations?
Airports or airline companies must apply for a storm water discharge permit for
locations where detcing chemicals are applied. This includes, but is not limited
to, runways, taxiways, ramps, and areas used for the deicing of airplanes. The
operator of the airport should apply for the storm water discharge permit with
individual airline companies included as co-applicants.
30. Who is responsible for seeking permit coverage at an airport that has
many companies using the facility and discharging storm water?
The operator is responsible for seeking coverage. EPA strongly encourages
cooperation between the airport authority and all operating airlines at that
airport Each operator is responsible for coordinating with the others and they
may act as co-applicants. Please note that under I22.26(a)(6) the Director has
the discretion to issue individual permits to each discharger or to issue an
individual permit to the airport operator and have other dischargers to the same
system act as co-permittees to the permit issued to the airport operator.
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31. Are ralroad facilities Included?
Railroad facilities, classified as SIC code 40, which have vehicle maintenance
activities, equipment cleaning operations or are otherwise identified under
I22.26(b)(l4)(i)-(vii) or CK)-(XJ) need to apply for a permit
32. Are repair* along a railroad ayatem considered to be vehicle maintenance
and thua regulated4?
No. Only nontransient vehicle maintenance shops are included in the
transportation category.
33. Are tank farms at petroleum bulk storage stations covered by the rule?
No, unless the storm water discharge from the tank farm area commingles with
storm water from any vehicle maintenance shops or equipment cleaning
operations located onsite. However, tank farms located onsite with other
industrial facilities, as defined in 122.26(b)(l4), are included in the regulation.
34. la a parking lot associated wtth a vehicle maintenance shop included In
the regulation?
Yes. Under 122.26 (b)(14)(viii) vehicle maintenance and equipment deaning
operations are considered industrial activity. Parking lots used to store vehicles
prior to maintenance are considered to be a component of the vehicle
maintenance activity.
35. la the fueling operation of a transportation facility (SIC codes 40 through
45) covered If there are no other vehicle maintenance activities taking
place at the facility?
Yes. A nonretail fueling operation is considered vehicle maintenance [see
I22.26(b)(14)(viii)j and requires an NPDES storm water discharge permit
application.
36. la a manufacturing facility's offslte vehicle maintenance facility required to
apply for a permit under the transportation category?
No. An offsrte vehicle maintenance facility supporting one company would not
be required to apply for a permit if that company is not primarily engaged in
providing transportation services and therefore would not be classified as SIC
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code 42. The maintenance facility would be considered an auxiliary operation
to the manufacturing facility. For a full discussion on auxiliary facilities see page
13 through 17 of the 1987 Standard Industrial Classification Manual. If the
maintenance facility is located on the same site as the manufacturing operation,
rt would be included in the areas associated with industrial activity and must be
addressed in an application.
37. Is a marina required to apply for a storm water permit If it operates a retail
fueling operation, but other vehicle maintenance oj equipment cleaning
activities are not conducted onslte?
Facilities that are 'primarily engaged' in operating marinas are best classified as
SIC 4493 - marinas. These facilities rent boat slips, store boats, and generally
perform a range of other marine services including boat cleaning and incidental
boat repair. They frequently sell food, fuel, fishing supplies, and may sell boats.
For facilities classified as 4493 that are involved in vehicle (boat) maintenance
activities (Including vehicle rehabilitation, mechanical repairs, painting, fueling,
and lubrication) or equipment cleaning operations, those portions of the facility
that are involved in such vehicle maintenance activities are considered to be
associated with industrial activity and are covered under the storm water
regulations.
Facilities classified as 4493 that are not involved in equipment cleaning or
vehicle maintenance activities (including vehicle rehabilitation, mechanical
repairs, painting, and lubrication) are not intended to be covered under 40 CFR
Section 122.26(b)(14)(viii) of the storm water permit application regulations. The
retail sale of fuel alone at marinas, without any other vehicle maintenance or
equipment cleaning operations, is not considered to be grounds for coverage
under the storm water regulations.
Marine facilities that are "primarily engaged" in the retail sale of fuel and
lubricating oils are best classified as SIC code 5541 • marine service stations -
and are not covered under 40 CFR Section 122.26(b)(14)(viii) of the storm water
permit application regulations. These facilities may also sell other merchandise
or perform minor repair work.
Facilities 'primarily engaged" in the operation of sports and recreation services
such as boat rental, canoe rental, and party fishing, are best classified under
SIC code 7999 - miscellaneous recreational facilities - and are not covered
under 40 CFR Section 122.26(b)(14)(viii).
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Category ix • Sewage Treatment Works
38. Are storm water permit application* required for offstte (I.e., physically
separated from the main treatment works property) pumping stations?
No, storm water permit applications are not required for such sites.
39. Are separate permit applications required for vehicle maintenance/
washing facilities (located either onslte or offslte) associated with a
wastewater treatment plant and owned/operated by the wastewater
treatment agency?
Offsite vehide maintenance facilities would not be required to submit
applications unless they serve multiple clients since they do not fit the SIC
codes listed in the transportation category of facilities engaged in industrial
activity. On site vehide maintenance/cleaning operations are associated with
industrial activity and must be included in the application.
40. Do wastewater treatment facilities that collect their storm water runoff and
treat the storm water as part of the normal inflow that is processed
through the treatment plant have to apply for a permit?
No. If a facility discharges its storm water into the headworks of the treatment
plant, it is essentially the same as discharging to a combined system or to a
sanitary system and is therefore exempt from the requirements of 122.26(c).
41. The definition states that offslte areas where sludge is beneficially reused
are not included as storm water discharges associated with industrial
activity. How is beneficial reuse defined?
Beneficial sludge reuse is the application of sludge as a nutrient builder or soil
conditioner. Examples include agricultural or domestic application.
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Category x - Construction ActivttU
12 H a construction site of five acres or more subject to the same deadline
as other industrial facilities?
The individual application deadline for all storm water discharges associated
with industrial activity is 10/1/92. If a construction activity is completed by
10/1/92, an application is not required.
43. What is the duration of an NPDES permit issued for a construction
activity?
The permit will be effective as long the construction activity continues, but no
longer than five years. If the construction continues beyond five years, the
owner/ooerator must apply for a new permrt.
44. Does the construction category only Include construction of Industrial
buildings?
No. Any construction activity, including clearing, grading, and excavation, that
results in the disturbance of five acres of land or more in total is covered by the
rule. Such activities may include road building, construction of residential
houses, office buildings, or industrial buildings, and demolition activity.
However, this does not apply to agricultural or silvicultural activities, which are
exempt from NPDES permrt requirements under 40 CFR 122.4.
45. Does the rule require that storm water discharges after construction be
addressed?
Yes. The individual application must describe proposed measures to control
pollutants in storm water discharges that will occur after construction operations
are complete, including a description of State and local erosion and sediment
control specifications.
Please Hots; EPA believes that construction activities should be covered under
i storm water general permit wherever possible. 40 CFR 122.21 (c)(1) allows the
permitting authority to establish different and shorter submittal dates under the
•pecfflc terms of a particular general permit
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46. The definition states that the operators of construction activity that disturb
l«ss than flve acres are not required to apply for a permit unless that
construction is part of a larger common plan of development or sale.
What Is meant by "part of a larger common plan of development or sale"?
'Part of a larger common plan of development or sale* is a contiguous area
where multiple separate and distinct construction activities may be taking place
at different times on different schedules under one plan. Thus, if a distinct
construction activity has been identified onsite by the time the application would
be submitted, that distinct activity should be included as part of the larger plan.
47. Who Is responsible for applying for a storm water permit?
The operator is responsible for applying for the permit as required by 122.21 (b).
In the case of construction, the owner may submit an application for a
construction activity if the operators have not yet been identified. However,
once the operators have been identified, they must become either sole
permittees or co-permrttees with the owner. The operator is determined by who
has day to day supervision and control of activities occurring at a site. In some
cases, the operator may be the owner or the developer, at other sites the
operator may be the general contractor.
Category xi • Ught Industrial Facilities
48. If a category (xi) facility has determined that there is no exposure of
certain activities or areas listed In the definition to storm water and the
operator does not file a permit application, how does the operator prove,
If asked, that he/she did not need to apply?
There are no requirements set forth under the November 16, 1990, rule.
However, the operator may want to document the facility evaluation which led to
the conclusion that there is no exposure to storm water. This documentation
should be retained onsite. Some States may have specific requirements. A
facility is advised to check with its NPDES permitting authority for additional
requirements.
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49 DO those industries listed in 122.26(b)(14)(xl) that only have access roads
and raH lines exposed to storm water need to apply for a permit?
No. As stated in 122.26 (b)(14), facilities in category (xt) do not have to apply
for a permit if storm water only is exposed to access roads and rail lines.
50. H air pollution control equipment vents on the roof are exposed to storm
water, does this constitute exposure and trigger a permit condition?
No. The exposure of air pollution control equipment vents does not in ttsetf
constitute exposure. It is possible, however, that even with the use of air
pollution control equipment, significant pollutants may be exposed to storm
water. For example, if a cyclone, a common particulate control device, is used
alone, only about 60 percent of the potential pollutants would be removed. 20
percent of the pollutants may then come into contact with storm water. In this
case, a permit application is required.
51. If there has been past exposure, can a facility change Its operation to
eliminate exposure, and thus become exempt?
Yes. If a category (xi) facility can change its operation and eliminate ad
exposure, the facility may be exempt from the regulation, tt is important to
note, however, that eliminating exposure may include dean up as well.
52. Is a covered dumpster containing waste material kepi outside considered
exposure?
No, as long as the container is completely covered and nothing can drain out
holes in bottom, or is tost in loading onto a garbage truck, this would not be
considered exposure.
General Applicability
S3. How la a storm water outfall from an industrial site defined for the purpose
of sampling?
An industrial outfall is the point at which storm water associated with industrial
activity discharges to waters of the United States or a separate storm sewer.
Separate storm sewers may be roads with drainage systems, municipal streets,
catch basins, curbs, gutters, ditches, man-made channels, or storm drains.
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54. Are tank farm* considered to be associated with industrial activity?
Yes, if they are located at a facility described in the definition of storm water
discharge associated with industrial activity. Tank farms are used to store
products and materials used or created by industrial facilities, and therefore are
directly related to manufacturing processes. However, tank farms associated
with petroleum bulk storage stations, classified as SIC code 5171, at which no
vehicle maintenance or equipment cleaning operations occur, are exempt.
55. Is an offslts- warehouse associated witti a regulated industrial facility
required to submit an application?
No. As stated on page 48011 of the preamble to the November 16, 1990, rule,
warehouses of either preassembly parts or finished products that are not
located at an industrial facility are not required to submit an application unless
otherwise covered by the rule.
56. If a facility has more than one industrial activity, how many applications
are required?
Only one application is required per facility. Permit conditions will address the
various operations at the facility. The application must reflect all storm water
discharges from areas associated with industrial activity as described in tie
definition at 122.26(b)(14). The activity in which a facility is primarily engaged
determines what SIC code is assigned to that facility. To determine the activity
in which a facility is primarily engaged, The SIC Manual recommends using a
value of receipts or revenues approach. For example, if a facility manufactures
both metal and plastic products, the facility would total receipts for each
operation and the operation that generated the most revenue for the facility is
the operation in which the facility is primarily engaged. If revenues and receipts
are not available for a particular facility, the number of employees or production
rate may be compared. If a facility performs more than two types of operations.
whichever operation generates the most (not necessarily the majority) revenue
or employs the most personnel, is the operation in which the facility is primarily
engaged.
57. Are Industrial facilities located in municipalities with fewer than 100,000
residents required to apply for a permit?
Yes. All industrial discharges of storm water through separate storm sewers or
into waters of the United States must apply for an NPDES permit.
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co if the SIC codt for the activity in which a facility ia primarily engaged la
not included In the definition of storm watar discharge associated wttti
industrial activity, but the facility haa a secondary SIC code that la
Included in the definition, ia the facility required to eubmlt an NPDES
storm water permit application?
For purposes of this regulation, a facility's SIC code is determined based on the
primary activity taking place at that facility. In the case described above, the
facility is not required to apply for an NPOES storm water discharge permit
However, if the facility conducts an activity on the site identified in the narrative
rfcSCfiptions of categories (i), (iv), (v), (vu), or (x), then the facility would be
required to submit an NPOES storm water permit application for portions of the
facility used for the activities described in those categories.
59. Are military bases or other Federal facilities regulated under thia rule?
Yes. Industrial activities identified under I22.26(b)(l4)(i)-(xj) that Federal, State,
or Municipal governments own or operate are subject to the regulation.
60. Does the regulation require a permit for storm water discharges to a
publicly owned treatment works?
No. A discharge to a sanitary sewer or a combined sewer system is not
regulated under the storm water regulation. Storm water discharges either to
waters of the United States or separate storm sewer systems require a permit if
associated with any of the industrial facilities listed in 122.26(b)(i) - (xi).
61. Are there any limits or size restrictions which narrow the scope of facilities
requiring an application?
The only restrictions regarding size are for construction activities and sewage
treatment works. All construction activities must apply for permit coverage
except for operations that disturb less than five acres of total land which are not
part of a larger common plan of development or sale. Sewage treatment works
designed to treat one million gallons per day or more must submit an NPOES
permit application.
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62. Do pilot plants or research and development facuities classified within one
of the regulated SIC codes need to apply for a permit?
A pilot plant or research facility classified by an SIC code which is specified
under I22.26(b)(14)(i)-(x>) would be required to submit an application. A pilot
plant or research facility's operations can be directly related to the
manufacturing operations of the full-scale facility and therefore warrant a permit.
63. Are stockpiles of a final product from an industrial site that are located
away from the industrisl plant site, Included under the definition of storm
water discharge associated with Industrial activity?
Such stockpiles would not be covered because they are not located at the site
of the industrial facility.
64. If s facility has a NPDES permit for Its process wsstewster and some, but
not all, of Its storm water discharges associated with industrial activity,
does the operator need to apply?
The operator must ensure that all storm water discharges associated with
industrial activity are covered by an NPDES permit. The operator may wish to
submit an individual application, participate in a group application, or seek
coverage under a general permit for any remaining outfalls that are not covered
by an existing NPDES permit. The permitting authority may also wish to modify
the existing NPDES permit to cover the other storm water discharges.
65. A facility holds a recently renewed NPDES permit which does not cover
storm water discharges. Does that facility need to apply?
Yes. If the facility is identified in paragraph 122.26(b)(14)(i) through (xi) of the
rule, that facility may wish to submit an individual application, participate in a
group application, or seek coverage under a general permit for any remaining
outfalls that are not covered by an existing NPDES permit. The permitting
authority may also wish to modify or reissue the existing NPDES permit to cover
the other storm water discharges.
66. If a regulated company owns and operates a subsidiary which Is of a
wholesale or commercial nature, would the subsidiary need to apply?
No. Since the subsidiary facility's operations are of a wholesale or commercial
orientation, the operations are not considered to be industrial and therefore
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would not be covered by this rule unless they are specifically covered by one of
the SIC codes or narrative descriptions in 122.26(b)(14).
67. Can an applicant claim confidentiality on Information contained In an
NPDES permit application?
No. Under 40 CFR 122.7(b), the permitting authority will deny claims of
confidentiality for the name and address of any permit applicant or permittee,
permit applications, permits, and effluent data
68. Do the November 16,1990, regulations modify the requirements of
existing storm water effluent guidelines?
No. Existing storm water effluent guidelines are still applicable.
69. Which application forms are Industries responsible for submitting?
For discharges composed entirely of storm water, operators should
submit Form 1 and Form 2F.
For discharges of storm water combined with process wastewater,
operators should submit Form 1, Form 2F, and Form 2C.
For storm water discharged in combination with nonprocess wastewater,
operators should submit Form 1, Form 2F, and Form 2E.
For new sources or new discharges of storm water which will be
combined with other non-storm water, operators should submit Form 1,
Form 2F, and Form 20.
70. Are Superfund sites regulated under this rule?
Yes, if the site is assigned an SIC code or fits the description of one of the
categories listed in the definition of storm water discharge associated with
industrial activity. Under the Superfund Amendment and Reauthorization Act
(SARA) section 121(E), Superfund sites are required to "substantively comply"
with ail environmental regulations.
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71. Ara area* uaad for the disposal of Industrial wastawatars and sanitary
wastswatars Included in tfi« definition of 'associated with Industrial
activity?
Yes, the definition indudes sites used for process water land application that
are not used for agricultural activities.
72. Do Inactive Industrial facilities ne*d to apply?
Yes, if the facility is included in the definition of storm water discharge
associated with industrial activity and significant materials remain on site and
are exposed to storm water runoff (p.48009 of 11/16/91 Federal Register). The
regulation defines significant materials at 122.26 (b) (13) as including, but not
limited to, raw materials; fuels; materials such as 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; any chemical the facility is required to report
pursuant to section 313 of title III of SARA; fertilizers; pesticides; and waste
products such as ashes, slag and sludge that have the potential to be released
with storm water discharges.
73. Can a facility apply for an Individual permit after completing the group
application or applying for coverage under a general permit?
This option is available, but the operator is advised to discuss the matter
directiy with the permitting authority.
74. If a facility is totally enclosed with no materials or activities exposed to
storm water, but has a point source discharge of storm water, is a permit
application required?
tf the facility is described in categories I22.26(b)(l4)(i-x) a permit application is
required regardless of the actual exposure of materials or activities to storm
water. If the facility is described in 122.26(b)(14)(xi), a permit application is
required only if there is exposure of materials or activities to storm water.
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75. How dots a municipally owned industrial facility apply for an NPDES
permit?
Such a facility must meet the same application requirements as any other
industrial facility. The facility may submit an individual permit application (Forms
1 and 2F), participate in a group application, or seek coverage under an
available general permit.
76. Who Is required to submit Form 1?
Anyone submitting NPDES application Forms 2C, 2D, 2E, 2F, or a construction
individual application is required to submit Form 1.
77. Before the October 1, 1992, individual application deadline, which forms
must a facility submit to renew its NPDES permit for a storm water
discharge?
Since the individual storm water application is not due until October 1, 1992,
EPA is allowing such facilities to choose whether the storm water discharges
are identified on a Form 2C or a Form 2F. After October 1, 1992, a facility
must submit an application in accordance with 40 CFR 122.26(c) Q.e., Forms 1
and 2F).
78. Are wsshwaters and/or noncontact cooling waters (e.g., air conditioner
condensate) included in the definition of storm water?
No. "Storm water" means storm water runoff, snow melt runoff, and surface
runoff and drainage. Washwaters are usually considered to be process
wastewater. Noncontact cooling waters are considered a nonprocess
wastewater.
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