Unit*} States       OHice CM Water       EPA B33-F-93-002B
          Environmental Protection   (EN-336)         July 1993
          Agency
&EPA    NPDES Storm Water Program

          Question And Answer Document
          Volume 2

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              NPDES
      Storm Water Program

Question and Answer Document

              Part II
            xvEPA
     U.S. Environmental Protection Agency
 Office of Wastewater Enforcement and Compliance
            Permits Division
           401 M Street, SW
         Washington, DC 20460

            September 1993

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                           USEFUL ACRONYMS
BAT       Best Available Technology
BCT       Best Conventional Technology
BMP       Best Management Practice
CFR       Code of Federal Regulations
CSO       Combined Sewer Overflow
CWA       Clean Water Act
CZARA     Coastal Zone Act Reauthorization Amendments
DMR       Discharge Monitoring Report
EPA       Environmental Protection Agency
EPCRA     Emergency Planning and Community Right-to-Know Act
FR         Federal Register
MS4       Municipal Separate Storm Sewer System
NOI        Notice of Intent
NOT       Notice of Termination
NPDES     National Pollutant Discharge Elimination System
NRDC      Natural Resources Defense Council
OMB       Office of Management and Budget
POTW      Publicly Owned Treatment Works
RCRA      Resource Conservation and Recovery Act
RQ         "Reportable Quantity" release
SIC        Standard Industrial Classification
TSDF       Treatment, Storage or Disposal Facility (hazardous waste)
TSS       Total Suspended Solids
WQA       Water Quality Act
WRDA     Water Resources Development Act

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                                  CONTENTS

                                                                          Page

 I.    General Applicability	   1

 II.   Definition of Storm Water Discharge Associated With Industrial Activity .    6
     Category (i):	   6
     Category (iii):	   7
     Category (iv):	   8
     Category (v):  	   8
     Category (viii):  	   9
     Category (x):  	 10
     Category (xi):	 15

 III.   Individual Permits  	 15

 IV.   EPA General Permits  	 17

 V.   Group Applications 	 26

 VI.   Sampling	 27

 VII.  Municipal Permit Applications	 29

 VIII. The Intermodal Surface Transportation Efficiency Act of 1991
     (Transportation Act)  	 31

 IX.   9th Circuit U.S.  Court of Appeals Decision	 32

X.   Phase II	 32

XI.   List of Storm Water Contacts	 34

XII.  State NPDES Program Status  	 51

XIII. Regulatory Definitions  	 52

XIV. Industrial Classification of Auxiliary Establishments  	 54

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              STORM WATER QUESTIONS AND ANSWERS PART II
 I.       General Applicability
1.      What kinds of storm water discharges are required to obtain a NPDES
        permit under Phase I of the storm water program?

A.      The National Pollutant Discharge Elimination System  (NPDES) storm water
        permit application regulations, promulgated by the U.S. Environmental
        Protection Agency (EPA), require that the following storm water discharges
        apply for a NPDES permit: (1) A discharge associated with industrial
        activity; (2) A discharge from a large or medium municipal separate storm
        sewer system; or (3) A discharge which EPA or the State determines to
        contribute to a violation of a  water quality standard or is  a significant
        contributor of pollutants to waters of the United States.  The permit
        application deadlines are specified in EPA's regulations.

2.      What is a "storm water discharge associated with industrial activity?"

A.      The term "storm water discharge associated with industrial activity" means
        a storm water discharge from one of the eleven categories of industrial
        activity defined at 40 Code of Federal Regulations (CFR)  122.26(b)(14)(i)
        through (xi). Six of these categories are identified by Standard Industrial
        Classification  (SIC) code and the other five categories provide narrative
        descriptions of the industrial  activity.  The complete  definition is included
        in Section XIII of this document.

        If any activity at a facility is covered by one of the five categories which
        provide narrative descriptions, storm water discharges from that area are
        subject to storm water permit application requirements.  If the primary SIC
        code of the facility is identified in one of the remaining six categories, the
        facility is subject to the storm water permit application requirements.  Note
        that only those  facilities/activities described above having point source
        discharges of  storm water to waters of the United States or through a
        municipal separate storm sewer system or other conveyance are required
        to submit a storm water permit application.  The definition of "point
        source" is provided at 40 CFR 122.2. The definition  is included in Section
        XIII  of this document.

3.      What are SIC codes and how can a facility find out its proper SIC code?

A.      SIC  codes are four-digit industry  codes  that were originally created  by the
        Office of Management and Budget (OMB) for statistical purposes.  Other

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       organizations sometimes use these codes when classifying business
       establishments. To find the correct SIC code, an operator might check his
       or her unemployment insurance forms or contact the appropriate State
       unemployment services department,  in addition, applicants may consult
       the Standard Industrial Classification Manual (StC Manual), published by
       OMB in 1987.  This manual is available in the resource section of  most
       public libraries.  Questions regarding assignment of particular codes can be
       addressed to your State permitting authority.  A list of telephone numbers
       and  addresses for State storm water contacts is provided as an attachment
       to this document.

4.     What SIC code should a facility use when there are multiple activities
       occurring at the site?

A.     For the purposes of the storm water program, a facility must determine its
       primary SIC code based on the primary activity occurring at the site. To
       determine the primary industrial activity, the SIC Manual recommends
       using the value of receipts or revenues. If such information is not available
       for a particular facility, the number of employees or production rate for
       each process may be compared.  The operation that  generates the most
       revenue or employs the most personnel is the  operation in which the
       facility is  primarily engaged.  For case-specific determinations, contact the
       permitting authority for your State.

5.     How is a  facility regulated when multiple activities conducted by different
       operators are occurring on the same site (airports, for example)?

A.     When multiple activities are conducted by different operators at a  single
       location, each industrial activity is assigned its own SIC code.  At an
       airport, for example, a passenger airline carrier will receive one SIC code,
       but an overnight courier located in the same hanger may  receive another
       SIC  code. Whereas the SIC codes may differ, if both are regulated
       industrial activities, EPA generally encourages these operators to become
       co-applicants (submit storm water permit application forms together) when
       they are located at the same site  and when industrial areas/drainage basins
       are shared.  When a permit is issued to this site (or if the operators are
       filing for a general permit) the co-applicants wiH become co-permittees and
       share responsibility of permit compliance.

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6.      If a facility's primary SIC code is not listed in the regulations, but an
        activity that occurs on site is described in one of the narrative categories
        of industrial activity, does that facility  have to apply for a permit?

A.      If a facility conducts an activity on the site identified  in the narrative
        descriptions of categories (i), (iv), (v), (vii), (ix) or (x), then the facility
        would  be required to submit a storm water permit application for
        discharges from those portions of the facility where the activity  occurs.
        Such narrative  activities/facilities include: (i) activities subject to storm
        water effluent limitations guidelines, new source performance standards, or
        toxic pollutant effluent standards; (iv) hazardous waste treatment storage,
        or disposal facilities including those that  are operating under  interim status
        or a permit under subtitle C of the Resource Conservation and Recovery
        Act (RCRA); (v) landfills, land application sites and open dumps that
        receive or have received industrial wastes;  Ivii) steam electric power
        generating  facilities; (ix) sewage treatment works with a design  flow of
        1.0 mgd or more; and (x} construction  activity disturbing five or more
        acres of land.

7.      Do storm water discharges from non-industrial areas at an industrial facility
        (employee parking lots,  rental  car operations at an airport) have  to be
        addressed in a NPDES permit?

A.      No. Only storm water discharges from those areas that are associated
        with industrial activity, as defined at 40 CFR 122.26(b)(14)  must be
        addressed in the permit.  However,  if storm water runoff from a non-
        industrial area commingles with runoff  from a regulated industrial area, the
        combined discharge would require permit coverage.

8.      How are off-site facilities (such as distribution centers, storage facilities,
        vehicle maintenance shops) regulated under the  storm water program?

A.      To determine the regulatory status of off-site facilities, first the operator of
        a facility must determine if that off-site operation can be classified
        according to its own SIC code.  If there is no SIC code that describes the
        off-site facility independently,  then it would assume the SIC  code of the
        parent  facility it supports. However, please note that certain off-site
        facilities that fall within  the categories  of auxiliary facilities that  are
        provided in Section XIV of this document (or which are specifically
        described in the SIC code description) would, in  most cases,  be  classified
        according to the parent facility they support. Such supporting
        establishments  include central administrative offices,  research and
        development laboratories, maintenance garages, and local trucking
        terminals.

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       EPA has determined that off-site vehicle maintenance facilities that service
       trucks used for local transportation of goods or for local services are
       generally considered supporting establishments which would not be
       assigned a transportation SIC code; rather, such facilities  are classified
       according to the SIC code of the facility they support.  Please refer to
       Section II of this document for a discussion of  off-site vehicle maintenance
       facilities.

9.     Can authorized NPDES States be more expansive in their  use of the
       assignment of SIC codes?  For example, can they make the rule applicable
       to secondary activities?

A.     Yes, State storm water regulations can be more expansive and cover more
       activities than the Federal regulations.

10.    Are all storm water discharges to sanitary sewers exempt from storm
       water permitting requirements? What about discharges to combined sewer
       systems?

A.     Any storm water discharge to a Publicly Owned Treatment Works (POTW)
       or to a sanitary sewer is exempt from storm  water permit application
       requirements but is instead subject to EPA's pretreatment program under
       Section 037(b) of the CWA. Discharges to combined sewer systems are
       also exempt from NPDES permitting but are subject to pretreatment
       requirements.

11.    Is a storm water permit application required for an industrial facility that
       has constructed a holding pond that usually does not discharge storm
       water, but could in the event of a large enough storm?

A.     All point source discharges of storm water associated with industrial
       activity that discharge to waters of the U.S.  or through a  municipal
       separate storm sewer system must be permitted.  Therefore, if an
       industrial facility does not have a storm water discharge from its holding
       pond during typical storm events but has a storm water discharge in the
       event of a large storm, that discharge should be covered under a NPDES
       permit.  In NPDES authorized States (a list is provided in Section XII of this
       document), facilities should consult their permitting authority for State-
       specific determinations on such "potential discharges."

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12.     If a facility is not engaged in industrial activity as defined under 40 CFR
        122.26(b)(14)(i)-(xi), but discharges contaminated flows comprised entirely
        of storm water into a nearby municipal separate storm sewer system, is
        the facility required to obtain a storm water permit?

A.      No, unless EPA or the State designates the discharge as contributing to a
        violation of a water quality standard or as significantly contributing
        pollutants to waters of the United States. However, industrial dischargers
        should note that large and medium municipalities (population 100,000 or
        more) are currently designing storm water management programs that will
        control contaminated  storm water discharges from entering their separate
        storm sewer systems.  Additional storm water discharges may be
        regulated under Phase II of the storm water  program. EPA is currently in
        the process of developing Phase II.

13.     Are activities associated with industrial activity that  occur on agricultural
        lands exempted from  storm water permitting requirements?

A.      No.  If a  storm water discharge is associated with industrial activity as
        defined at 40 CFR 122.26(b)(14), it is subject to permit application
        requirements regardless of the location of the activity.

14.     Are NPDES permits transferable from one facility owner to the next?

A.      Individual NPDES permits may be transferred to a new owner or operator if
        the permit is modified. These procedures are described at 40 CFR 122.61.
        Under the general permits for storm water discharges, issued  by EPA in the
        September 9 and September 25 Federal Register notices (57 FR 41176
        and 57 FR 4441 2), the new operator can submit an  NOI two days prior to
        the change but must include the facility's existing general permit number
        on the NOI form.  Many NPDES authorized States have similar provisions in
        their general permits.

15.     How does storm water permitting differ in States with approved State
        NPDES programs compared to States without NPDES State permit
        programs?

A.      While Federal storm water regulations (i.e., the November 16,  1990, storm
        water permit application regulations) establish minimum requirements
        nationwide, State permitting authorities may impose  more stringent
        requirements or decide to expand the scope of its program to meet State
        priorities.  EPA Regional offices are the permitting authorities for 12 States
        and most Territories; the remaining 38 States  and the Virgin Islands
        administer their own storm water programs  and  issue permits to regulate

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       municipalities and industries in their States. Regulated facilities in these
       States should contact the appropriate State permitting authority for
       guidance, application forms, general permits and other materials.  Please
       note that some of the NPDES States do not issue permits for Federal
       facilities located in their States.

       For regulated facilities in the 12 non-delegated States (MA, NH, ME, FL,
       TX, OK, LA, NM, SD, AZ, AK, ID), the Territories (except the Virgin
       Islands), the District Of Columbia, and for facilities located on Indian lands
       (in most, if  not all, delegated States  and in all non-delegated States), and
       for Federal facilities in the States of  DE,  CO, IA, KS, NH, NY, OH, SC, VT
       and WA, the storm water program is administered through EPA Regional
       offices.  Such facilities may be eligible for coverage under the general
       permits issued by EPA in the September 9  and September 25 Federal
       Register notices (57 FR 41176 and 57 FR 44412).
 II.      Definition of Storm Water Discharge Associated With Industrial Activity
 Category (i):  Facilities subject to storm water effluent limitations guidelines,
 new source performance standards or toxic pollutant effluent standards under
 40 CFR subchapter N.
16.    What are toxic pollutant effluent standards?

A.     40 CFR  122.26(b)(14)(i) includes facilities that are subject to storm water
       effluent  limitations guidelines, new source performance standards, or toxic
       pollutant effluent standards. The phrase  "toxic pollutant effluent
       standards" refers to the standards established pursuant to CWA section
       307(a)(2) and codified at 40 CFR Part 129. Part 129 applies only to
       manufacturers of six specific pesticide products which are defined as toxic
       pollutants.  Please note that the  phrase "facilities subject to toxic pollutant
       effluent  standards" does not refer to those industries subject to effluent
       limitation guidelines for toxics under 40 CFR subchapter N.

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 Category (Hi):  Mining and oil and gas operations classified as SIC codes 10-14.
17.     What constitutes "contamination"  at an oil and gas facility?

A.      Oil and gas facilities classified as SIC code 13 are required to apply for a
        storm water permit if the facility has had a release of a Reportable
        Quantity (RQ) in storm water for which notification has been required any
        time since November 16, 1987, or if the  discharge contributes to a
        violation of a water quality standard. RQs for which notification is required
        are defined at 40 CFR Parts 110, 117, and 302. An RQ for oil is defined
        at 40 CFR 110 as the amount of oil that violates applicable water quality
        standards or causes a film or sheen upon or a discoloration of the water
        surface or adjoining shorelines, or causes a sludge or emulsion to be
        deposited beneath the water surface or upon adjoining shorelines.  For
        other substances, RQ levels are expressed in terms of pounds released
        over any 24 hour period and are listed at  40 CFR 117.3 and 40 CFR
        302.4.  A list  of these RQ levels is available from the Storm Water Hotline
        at (703) 821-4823.

18.     Do EPA's industrial storm water general permits apply to discharges from
        mine sites that are subject to storm water effluent limitations  guidelines,
        but which are not covered  by an existing NPDES permit?

A.      No, storm water discharges from mine sites that are subject to storm
        water effluent limitation guidelines are not authorized by industrial storm
        water general permits issued by EPA in the September 9 and September
        25 Federal Register notices (57 FR 41176 and 57 FR 44412).  In States
        without NPDES permitting authority, the mine operators submit an
        individual application to address those storm water discharges, or could
        have participated in a group application prior to October 1, 1992 (note:
        any facility  which did not submit an individual application prior to October
        1, 1992 or  participate in a timely group application missed EPA's
        regulatory deadline and  may be subject to enforcement).  However, certain
        authorized States may issue general permits authorizing such storm water
        discharges from mine sites provided that  those  permits contain the
        applicable guideline requirements.

19.     Can point source discharges of contaminated  ground water from mine adits
        and seeps at active or inactive mine sites be permitted under the storm
        water program?

        Point source discharges of  non-storm water to waters of the United States
        must  be authorized by a NPDES permit.  Point source discharges of either

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        contaminated ground water from a mine adit or seep that are not related to
        specific storm events would not be considered to be storm water.
        Discharges that are composed in whole or in part of non-storm water
        cannot be addressed soley by the permit applications for storm water
        (Forms 1 and 2F), and cannot be authorized by NPDES permits that only
        authorize discharges composed entirety of storm water. Rather, Forms 1
        and 2C or 2D (and Form 2F if the discharge is mixed with  storm water)
        must be used when applying for a NPDES permit for non-storm water.
 Category (iv): Hazardous waste treatment, storage or disposal facilities.
20.     If the primary SIC code of a facility is not covered under the regulations,
        but there is a hazardous waste treatment, storage or disposal facility
        {TSDF} on site, is the TSDF subject to storm water permitting
        requirements?

A.      Yes.  If the hazardous waste TSDF is or should be operating under interim
        status or a permit under Subtitle C of the Resource Conservation and.
        Recovery Act (RCRA), regardless of the facility's primary activity, the
        storm water discharges from that portion of the site are subject to the
        narrative definition of storm water discharges associated  with industrial
        activity under category (iv). Even if a facility's SIC code is not included in
        the regulations, any activity described by one of the narrative categories of
        "industrial activity" that is occurring on the site would be regulated under
        the storm water program.
 Category (v);  Landfills, land application sites and open dumps that receive
 industrial waste.
21.    At what point does an inactive, closed, or capped landfill cease being an
       industrial activity?

A.     An inactive, closed or capped landfill is no longer subject to storm water
       permit application requirements when the permitting authority determines
       the land use has been altered such that there is no exposure of significant
       materials to storm water at the site. For example, if an impervious surface
       (such as a parking lot or shopping center) now covers the closed landfill,
       the permitting authority could determine that storm water discharges from
       the area are no longer associated with the previous landfill activity.  These
       determinations must be made by  the permitting authority on a case-by-
       case basis.

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22.     If construction of cells at a landfill disturbs greater than five acres of land,
        is coverage under EPA's construction general permits required?

A.      No. EPA considers construction of new cells to be routine landfill
        operations that are covered by the landfill's industrial storm water general
        permit.  However, the storm water pollution  prevention plan for the landfill
        must incorporate best management practices (BMPs) that address
        sediment and erosion control.  Where a new landfill is being constructed
        and five or more acres of land  is being disturbed, such activity would need
        to be covered under EPA's construction  general permit until the time that
        initial construction is completed and industrial waste is  received. Please
        note that NPDES authorized States may  address this situation differently.
 Category (viii): Transportation facilities
23.     If all vehicle maintenance and equipment cleaning operations occur indoors
        at a transportation facility, as defined at 40 CFR 122.26(b)(14)(viii), is a
        permit application required for discharges from the roofs of these
        buildings?

A.      Yes.  Storm water discharges from all areas that are "associated with
        industrial activity," described at 40 CFR 122.26(b)(14), are subject to the
        storm water permit application requirements.  This would include
        discharges from roofs of buildings that are within areas associated with
        industrial activity.  In addition, storage areas of materials used in vehicle
        maintenance or equipment cleaning operations and holding yards or parking
        lots used to store vehicles awaiting maintenance are also considered areas
        associated with industrial activity.

24.     For a facility classified as SIC code 5171 (bulk petroleum storage), is the
        transfer of petroleum product from the  storage tanks to the distribution
        truck considered "fueling", and  therefore an industrial activity as defined
        by the regulations?

A.      No.  The transfer of petroleum product  from the storage tanks to the
        tanker truck is not considered fueling and would not require a storm water
        permit.  However,  fueling of the tanker truck itself at the 5171 facility is
        considered  to be part of routine vehicle maintenance, and storm water
        discharges from these areas  must be covered under a storm water permit
        application.

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25.     Is a retail fueling operation that occurs at an SIC code 5171  petroleum
        bulk storage facility regulated?

A.      No. The provisions of 40 CFR 122.26(b)(14)(viii) apply to fueling
        operations conducted at petroleum bulk storage facilities where the
        vehicles being fueled are involved with the petroleum bulk storage
        operation. Retail fueling of vehicles at such sites does not constitute
        "vehicle maintenance" (as defined in the 11/16/90 Federal Register page
        48066), and a storm water permit is not required for the discharges from
        that area. Only those portions of the SIC code 5171 facility where vehicle
        maintenance operations (including vehicle rehabilitation, mechanical
        repairs, painting, fueling, and lubrication) and equipment cleaning take
        place are required to be covered under a storm water permit  application.

26.     Are off-site vehicle maintenance areas required to submit permit
        applications for their storm water discharges?

A.      As discussed in Section I of this document, to determine the regulatory
        status of off-site vehicle maintenance  operations, the operator of a facility
        must first determine if that off-site operation can be classified  according to
        its own SIC code.  If there is no SIC code which describes the off-site
        facility independently, then it would assume the  SIC code of the parent
        facility it supports.  However, please note that off-site facilities that fall
        within the nine categories listed on page 17 of the SIC Manual (or which
        are specifically described in the SIC code description) would, in most
        cases, be classified according the parent facility  they support.  See Section
        XIII of this document (page 54) for the complete list.  Such supporting
        establishments include central administrative offices, research  and
        development laboratories, maintenance garages, and local trucking
        terminals. EPA has determined that off-site vehicle maintenance facilities
        that primarily service trucks used for local transportation  of goods or for
        local services are generally considered supporting establishments which do
        not assume a transportation SIC code; rather, such facilities are classified
        according to the SIC code of the facility they support. Long-distance
        trucking centers, on the other hand, are generally classified as SIC code
        4213, and are subject to regulation under 40 CFR  122.26(b)(14)(viii)).
  Category (x): Construction activity
 27.     Who must apply for permit coverage for construction activities?

 A.      Under the NPDES storm water program, the operator of a regulated activity
        or discharge must apply for a storm water permit.  EPA clarified that the
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       operator of a construction activity is the party or parties that either
       individually or taken together meet the following two criteria:  (1) they
       have operational control over the site specifications (including the ability to
       make modifications in specifications); and (2) they have the day-to-day
       operational control of those activities at the site necessary to ensure
       compliance with plan requirements and permit conditions (9/9/92 Federal
       Register page 41190). If more than one  party meets the above criteria,
       then each  party involved must become a  co-permittee with any  other
       operator(s).  For example, if the site owner has operational control over
       site specifications and a general contractor has day-to-day operational
       control of site activities, then both parties will be co-permittees.

       When two or more parties meet EPA's definition of operator, each operator
       must submit  an NOI, and either include a photocopy of the other operators'
       NOl(s) or the general permit number that  was assigned for that  project.
       Under EPA's  storm water construction general permits, the co-permittees
       are expected to join  in implementing a common pollution prevention plan
       prior to submittal of the NOt, and in the retention of all plans and reports
       required by the permit for a period of at least three years from the date
       that the site  is finally stabilized.

       For individual storm water discharge permits, applications must  be filed 90
       days prior to  the commencement of construction.  If a contractor has not
       been selected at the time of application, the  owner of the project site
       would initially file the application and the contractor would sign on when
       selected. Under an individual storm water permit for construction, multiple
       operators would have to sign onto the permit, instead of submitting a new
       application.  Please note that authorized NPDES States may have varying
       NOI and/or permit requirements and  should be contacted on this issue.

28.    What are the responsibilities of subcontractors at the  construction site
       under EPA's  storm water construction general permits?

A.     EPA storm water construction general permits require subcontractors to
       implement the measures stated  in the pollution prevention plan  and to
       certify that he/she understands the terms and conditions of the permit
       requirements.  Under EPA's general permits, subcontractors are not
       required to submit NOIs.

29.    What is meant by a "larger common plan of development or sale?"

A.     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.  For example, if a

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        developer buys a 20-acre lot and builds roads, installs pipes, and runs
        electricity with the intention of constructing homes or other structures
        sometime in the near future, this would be considered a common plan of
        development or sale. If the land is parceled off or sold, and construction
        occurs on plots that are less than five acres by separate, independent
        builders, this activity still  would be subject to storm water permitting
        requirements if the smaller plots were included on the original site plan.

30.     Does construction activity encompass repaving of roads?

A.      Repaving is not regulated under the storm water program unless five or
        more acres  of  underlying  and/or surrounding soil is cleared, graded or
        excavated as part of the repaving operation.

31.     Is clearing of lands for agricultural purposes regulated as construction
        activity under the storm water program?

A.      No. Section 402(l)(1) of the 1987 Water Quality Act exempts agricultural
        storm water discharges from NPDES permitting requirements. The clearing
        of land for agricultural purposes is specifically associated with agricultural
        activity.  However, activities occurring on agriculture lands that meet the
        description  of any of the 11 categories of industrial activity at 40 CFR
        122.26(b)(14)(i)-(xi) are subject to permit application requirements. See
        the response to Question  13.

32.     If a construction activity that disturbs five or more acres commences on a
        site covered by an existing industrial storm water  permit, are the storm
        water discharges from the construction area  covered by the existing permit
        or is a separate permit required?

A.      If the existing permit is an individual permit, then the operator must either
        request a modification of  the existing permit to include the construction
        storm water discharges or apply for coverage under a separate permit that
        specifically  addresses that construction activity. If the permittee decides
        to modify the existing individual permit, permit modifications must be
        approved prior  to initiating any construction activity. If the existing permit
        is an  EPA storm water industrial general permit, the operator should submit
        an NOI for coverage under EPA's storm water general permit for
        construction activities.   States with  NPDES permitting authority may have
        different requirements.
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 33.     What requirements are triggered if a construction activity that disturbs less
        than five acres commences on a site covered by EPA's industrial storm
        water general permit?

 A.      Sites covered by EPA's storm water industrial general permit must  revise
        their pollution prevention plan to address all new sources of pollution and
        runoff from construction activities disturbing less than five acres.

 34.     For projects such as a 100-mile highway construction project, what
        location should be provided on the NOI?

 A.      The midpoint of a linear construction project should be used as the site
        location on EPA's NOI form.  For construction projects that span across
        more than one State, the project must meet the application requirements
        of each State.

 35.     Are long-term maintenance programs for flood control channels (such as
        vegetation  removal) or similar roadside maintenance programs subject to
        permitting if five or more acres are disturbed?

 A.      If grading, clearing or excavation activities disturb five or more acres  of
        land either for an individual project or as part of a long-term maintenance
        plan, then the activity is subject to storm water permit application
        requirements.

36.     For a construction  activity that uses off-site "borrow pits" for  excavation
        of fill material or sand and gravel, should the number of  disturbed acres at
        the borrow pit be added to the number of acres at the construction site to
        determine the total number of disturbed acres?

A.      No,  off-site borrow pits are not considered part of the on-site  construction
        activity.  If a borrow pit is specifically used for the removal of  materials
        such as sand,  gravel, and clay, the pit is considered a mine and is
        classified under SIC code 14. Such sites would be regulated as industrial
        activity as defined  at 40 CFR 122.26(b)U4)(iii).  However, if the borrow
        pit is utilized for the removal of general fill material (e.g.  dirt) and disturbs
        five or more acres of land, the pit would be considered a construction
        activity as defined  at 40 CFR I22.26(b)(14)(x).

37.     Would building demolition constitute a land disturbing activity  and require a
        storm water construction permit application?

A.      The definition of land disturbing activity includes but is not limited to
        clearing, grading and excavation. At a demolition site, disturbed areas
        might include where building materials, demolition equipment, or disturbed

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       soil are situated, which may alter the surface of the land. Therefore,
       demolition activities that  disturb five or more acres of land would be
       subject to storm water construction permit application requirements.

38.    What are the legal responsibilities and liabilities for construction activities
       disturbing less than five acres, pursuant to the Ninth Circuit U.S. Court of
       Appeals decision on June 4, 1992?

A.     In NRDC v. EPA. 966 F.2d 1292, the Ninth Circuit U.S. Court of Appeals
       remanded for further rulemaking, EPA's exemption of construction sites
       less than five acres which are not part of a larger common plan of
       development or sale.  The Agency intends to undergo further rulemaking
       proceedings for construction sites less than five acres.  Until further
       rulemaking is completed, permit applications for such activities need not be
       submitted to EPA. However, States with NPDES  permitting authority may
       have more stringent requirements.

39.    Do storm water construction general permits authorize non-storm water
       discharges?

A.     Under EPA's storm water construction general permits, issued on
       September 9, 1992, and September 25, 1992, the following non-storm
       water discharges are conditionally authorized (57  FR 41219) and (57 FR
       44419): discharges from fire fighting activities; fire hydrant flushings;
       waters used to wash vehicles or control dust;  potable water sources
       including waterline flushings; irrigation drainage;  routine external building
       washdown which  does not use 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; springs; uncontaminated ground water; and
       foundation or footing drains where flows are not contaminated with
       process materials  such as solvents. These discharges,  except for flows
       from fire fighting activities, must be identified  in  the pollution prevention
       plan and the plan  must address the appropriate measures for controlling
       the identified non-storm water discharges.  Other non-storm water
       discharges not listed above or not identified  in the storm water pollution
       prevention plan, must  be covered by a different NPDES permit.
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 Category (xi): Light manufacturing facilities
40.     If oil drums or contained materials are exposed during loading or unloading
        at a category (xi) facility, are storm water discharges from this area subject
        to the storm water regulations?

A.      The storm water regulations require category (xi) facilities to apply for a
        storm water permit where material handling equipment or activities, raw
        materials, intermediate products, final products, waste materials,  by-
        products, or industrial machinery are exposed to storm water. If there is a
        reasonable potential for leaks or spills from these drums which could be
        exposed to storm water, discharges from that area would be  subject to
        storm water  permitting requirements. Completely covering loading and
        unloading activities may eliminate exposure.  Note that permitting
        authorities may  have more stringent interpretations with  respect to
        exposure on industrial sites  and should be consulted  for case-by-case
        determinations.  For a discussion on the  9th Circuit Court of Appeals
        decision (June 1992) and future EPA  rulemakings on category (xi)
        facilities, please refer to Section IX of this document.

41.     Does the storage of materials under a roof at a category (xi) facility
        constitute  exposure?

A.      If materials or products at a light industrial facility are stored outside under
        a roof and there is no reasonable potential for wind blown rain, snow, or
        runoff coming into contact with the materials or product, then there may
        not be exposure at that area. However, if materials are stored under a
        structure without sides and storm water comes into  contact with material
        handling equipment or activities, raw  materials, intermediate products, final
        products, waste materials, by-products or industrial machinery, the
        discharge from that area must  be permitted.  The permitting authority
        should be contacted for specific issues related to exposure.
 IK.      Individual Permits
42.     Will individual permits include requirements for storm water pollution
        prevention plans and monitoring?

A.      EPA anticipates that many individual permits will include storm water
        pollution prevention plans as a means of satisfying Best Available
        Technology (BAT)/Best Conventional Technology (BCT) requirements
        established in the Clean Water Act (CWA).  With regard to monitoring
        requirements under individual permits, such requirements  will be

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        determined by the permit writer on a case-by-case basis. At a minimum,
        all facilities with storm water discharges associated with industrial activity
        must conduct an annual site inspection as prescribed at 40 CFR
        122.44(i)(4).

43.     Do permitting authorities have the option of subjecting facilities that have
        submitted individual storm water permit applications to general permits?

A.      Yes, permitting authorities may subject facilities that have submitted
        individual permit applications to general permits.  Facilities that are covered
        by a general permit may petition the permitting authority to be covered
        under an  individual permit by submitting an individual permit application
        with reasons supporting the request to the permitting authority, pursuant
        to 40 CFR 122.28(b)(2)(iii).

44.     What are the benefits/drawbacks of pursuing an individual storm water
        permit over a  general permit?

A.      An individual storm water permit may be advantageous, as it is designed
        to reflect a facility's site-specific conditions, whereas general permits are
        much broader in scope, particularly in terms of monitoring requirements.
        However, the individual permit application is generally more difficult to
        prepare than submitting  EPA's notice of intent (NOI) to be covered under a
        general permit (in part because the individual permit application requires
        sampling  and EPA's NOI does not). General permits may be advantageous
        because regulated facilities know, in advance of submitting their NOI,  the
        requirements of the  permit. In addition, coverage under a general permit
        may be automatic (depending on how the permit is written), whereas the
        individual permitting process takes longer.

45.     When does EPA anticipate that individual permits will be issued?

A.      Issuance of individual permits may vary on a State by State basis, as
        permitting priorities and  resources allow. The December 18,  1992, Federal
        Register (57 FR 60447) established October 1, 1993, as the deadline  by
        which individual permits are to be issued.  Many authorized States are
        already issuing individual permits.

46.     Can a facility that has submitted an individual permit application obtain
        general permit coverage upon issuance of a general permit in its  State?

A.      Yes, an eligible facility may opt for coverage under a general permit (by
        submitting an NOI) up until the time that the permitting authority issues
        such facility its individual permit.  Authorized States may require a written
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        request for withdrawal from the individual permit application process.  EPA
        recommends submitting such requests to the appropriate Regional office.
 IV.     EPA General Permits (issued on 9/9/92 and 9/25/92}
47.     What is the difference between EPA's construction and industrial general
        permits?

A.      Because the nature of construction activity varies considerably from other
        industrial activities, EPA developed two separate general permits-one
        covering storm water discharges from construction activity and one for
        other storm water industrial discharges.  Whereas the pollution prevention
        plan for the construction permit focuses on sediment and erosion controls
        and storm water management, the pollution prevention plan for industry
        emphasizes general site management. Note that some authorized States
        have industrial general permits that authorize storm water discharges from
        construction activity.

        EPA's general permits for storm water discharges associated with
        industrial  activity,  issued on 9/9/92 (57 FR 41236} and 9/25/92 (57 FR
        44438), authorize storm water discharges from all new and existing point
        source discharges of storm water associated with industrial activity, as
        defined at 40 CFR 122.26(b)(14), to waters of the U.S., except for
        ineligible storm water discharges that are listed at I.E.3.  (9/9/92 Federal
        Register page 41305) and
        (9/25/92  Federal Register page 44444) in  EPA's general permits.

        EPA's general permits for storm water discharges associated with
        construction activity, which were issued on 9/9/92 (57  FR 411 76) and
        9/25/92 (57 FR  44412), authorize storm water discharges associated with
        construction activity, as defined at 40 CFR 122.26(b)(14)(x), except for
        ineligible discharges that are listed at I.B.3 (9/9/92 Federal Register page
        41217) and (9/25/92 Federal Register page 44418) in EPA's general
        permits.

48.     What is the procedure for applying for coverage under EPA's industrial or
        construction general permits?

A.      Dischargers of storm water associated with industrial activity located in
        non-NPDES States must submit a Notice of Intent (NOD to be authorized to
        discharge under the general permit. The NOI form is a one-page document
        requesting basic information about the nature of the facility and the
        particular  storm  water  discharge under consideration. Under EPA's general
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        permits, monitoring is not required for submittal of the NOl. States with
        NPDES authority may have different requirements for their NOl and should
        be contacted directly.

49.     Will a facility automatically be covered by an EPA general permit upon
        submittal of an NOl or will it have to cease operations until the Agency
        provides notification of acceptance?

A.      Permit coverage begins two days after the postmark date on the NOl,
        provided the storm water discharges from the facility are eligible for
        coverage as established by the permit conditions (see 9/9/92 Federal
        Register page  41305 for limitations on coverage). The permitting authority
        can require the submittal of an individual application at any time.
        However, the  facility may continue to discharge under the general permit
        until an individual permit is issued or denied.

50.     What are the deadlines for compliance with EPA's general permits?

A.      Individuals who intend to obtain  coverage for a storm water discharge
        associated with industrial activity that commenced  on or before October 1,
        1992, were required to submit an NOl  by October 1, 1992; however, EPA
        is accepting late NOIs.  Regulated facilities wishing to obtain coverage
        under the general permit that have not yet submitted an NOl should do so
        immediately.  EPA's storm water general permits require permittees to
        develop and implement a storm water pollution prevention plan.  Deadlines
        for NOl submittal and development and implementation of plans are listed
        in the table below.

        Facilities with salt storage or  facilities that were not required to report
        under Emergency Planning Community Right to Know  (EPCRA) section 313
        prior to July 1, 1992,  (but must  report after that date) must comply with
        the  special requirements for section 313 facilities and salt storage  (if
        applicable) within 3 years of the  date on which the facility is required to
        first report under section 313. All other conditions in  the permit must be
        met within the deadlines listed above.  Plans do not have to be submitted
        to the Agency but must  be kept  on-site and made available upon request.
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Type of Discharge
Existing industrial
activities (other than
construction)
Industrial activities
(other than
construction) that
begin between
October 1, 1992
and January 1,
1993
Industrial activities
(other than
construction) that
begin on or after
January 1, 1993
Oil and gas facilities
previously not
required to be
permitted that have'
an RQ after
October 1, 1992
Municipally-owned
or operated
industrial activities
that were rejected
or denied from a
group application
Construction sites in
operation on
October 1, 1992
Construction sites
that begin operation
after October 1,
1992
NOI Deadline
October 1, 1992
2 days prior to the
start of industrial
activity
2 days prior to the
start of industrial
activity
Within 14 days of
first knowledge of
the release
Within 180 days
of the date of
rejection or denial
October 1, 1992
2 days prior to the
start of
construction
Pollution
Prevention Plan
Development
Deadline
April 1, 1993
Within 60 days of
commencement
of operations
Within 60 days of
commencement
of operations
Within 60 days of
first knowledge of
the release
Within 365 days
of the date of
rejection or denial
October 1, 1992
Prior to the
submittal of the
NOI
Pollution
Prevention Plan
Implementation
Deadline
October 1, 1993
Within 60 days of
commencement
of operations
Upon
commencement
of operations
Within 60 days of
first knowledge
of the release
Within 545 days
of the daie of
rejection or denial
October 1, 1992
With the initiation
of construction
activities
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51.     Is there a fee for NOI applications?

A.      EPA's general permits do not require fees at this time.  However,
        authorized NPDES States may levy fees and should be consulted directly.

52.     Where should NOIs be submitted?

A.      Facilities in States and Territories where EPA is the permitting authority
        submit NOIs to the central processing center at the following address:

                           Storm Water Notice of Intent
                           P.O. Box 1215
                           Newington, VA  22122.

        All permittees in States with  NPDES  authority submit the NOI to their State
        permitting authority except those in New York,  who submit to the
        processing center at the above address. Note that authorized NPDES
        States may develop NOI forms that are different from EPA's NOI form.
        Under EPA's general permits, the operator of any industrial activity that
        discharges storm water through a municipal separate storm sewer system
        in a medium or large municipality must also submit a copy of the NOI to
        that municipality.  In addition, operators of construction activities must
        provide a copy of all applicable NOIs  for a site to the local agency
        approving sediment and erosion plans or storm water management plans.

53.     Is an operating regulated industrial facility required to submit a separate
        NOI for each outfall that discharges storm water associated with industrial
        activity at the site?

A.      Under EPA's general permits, one NOI is generally sufficient for the entire
        site, provided there is one operator.  In this case, the pollution prevention
        plan must address all discharges of storm water associated with industrial
        activity from the  site.  If there are multiple operators at the site, each
        operator must submit an NOI.  In addition, if a  facility that is covered under
        EPA's industrial storm water  general  permit undertakes a construction
        activity disturbing more than  five acres of land, then the facility must
        submit an NOI for those construction-related storm water discharges for
        coverage under EPA's construction general permit (or submit an individual
        permit application).
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 54.     Will a facility receive any notification from EPA after submitting an NOI
        under EPA's general permit?

 A.      Yes, EPA confirms the receipt of NOIs and will provide the applicant with a
        permit number and a summary of the guidance on preparing storm water
        pollution prevention plans.

 55.     Is an entire facility excluded from coverage under EPA's general permits If
        a single discharge at the site is excluded from coverage?

 A.      No. Eligibility under EPA's general permits should be applied on a
        discharge-specific basis.  Thus, a site with multiple discharges can be
        covered under two different permits: a general permit for some discharges
        and a separate NPDES permit for any discharges excluded from coverage
        under the general permit. NPDES States should  be contacted for additional
        guidance on this issue.

 56.     Does an industrial facility operating under an  EPA industrial general permit
        have to apply for a separate permit for all on-site construction activities
        that disturb more than five acres of land?

A.      Storm water discharges from construction activities that disturb five or
        more acres of land  must be  covered under a separate NPDES  permit that
        specifically addresses storm water discharges from construction activity.
        EPA's industrial storm water general permits do not provide coverage for
        storm water discharges from regulated construction activities.
        Construction activities that disturb less than five acres of land do not
        require a storm water permit at this time. The pollution prevention plan for
        the industrial facility must be modified to address site changes due to that
        amount of construction activity.

57.     Can a facility submit one NOI for similar but separately located industrial
        facilities which are  owned by the same corporation?

A.      No. One NOI must be submitted by the operator of each individual facility
        that intends to obtain coverage under a general  permit,  regardless of
        common ownership.

58.     Does an asphalt/concrete batch plant have to submit a  new NOI each time
        it changes location?

A.      Under EPA's general permits, an NOI must be submitted each time the
        plant moves  to a new site of operation. However, some authorized States
        may have different  requirements with respect to asphalt/concrete batch
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        plants and, therefore, facilities in such States should contact their
        permitting authorities.

59.     Who is required to monitor under the  conditions of EPA's storm water
        general permits?

A.      EPA established tiered monitoring requirements in its final industrial storm
        water general permits based on the potential to contribute pollutants to
        storm water (4/2/92 Federal Register  page 11394).  Six classes of facilities
        are required to monitor semiannually and report annually, ten classes of
        facilities are required to  monitor annually and keep the data on-site, and all
        other classes of facilities are not required to monitor. All facilities
        authorized by general permits-including those facilities not otherwise
        required to monitor-must still conduct an annual site inspection, except for
        inactive mining sites where this may be impractical due to remote location
        and inaccessibility of sites (inspection no less than once in three years).
        The sixteen classes of facilities that are required to monitor are specified in
        EPA's industrial general  permits (9/9/92 Federal  Register  page 41248),
        which are available from the Storm Water Hotline. EPA's construction
        storm water general permits require periodic inspections in lieu of
        monitoring.

60.     If an industrial facility that is required  to monitor under EPA's  industrial
        storm water general permits does not have any exposure of materials or
        activities to storm water, does  it still  have to conduct sampling?

A.      Under EPA's industrial storm water general permits,  industrial  facilities can
        provide a certification in lieu of monitoring results for a given outfall, that
        materials and activities are not  presently exposed to  storm water and will
        not be exposed during the certification period  (see 9/9/92 Federal Register
        page 41314 for a more  detailed description).  This determination  should be
        applied on outfall-by-outfall basis (e.g., permittees may elect to monitor
        certain outfalls while providing  certification for others). The certification
        must be updated  on an  annual basis and retained in the pollution
        prevention plan.  The six classes of facilities that are required  to report
        monitoring results annually must submit this certification to the permitting
        authority in lieu of the Discharge Monitoring Report (DMR).

61.     Within one drainage area leading to a  single outfall, if a facility conducts
        two separate industrial activities that  are subject to both semiannual and
        annual monitoring requirements, which  set of monitoring requirements will
        apply?

A.      If the discharges cannot be segregated, the combined discharge would be
        subject to both sets of monitoring  requirements.  In effect, a combined

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        discharge could be subject to annual monitoring requirements for certain
        parameters and semi-annual monitoring for others. If a facility can
        segregate the discharges from the different activities, separate monitoring
        requirements would apply to each discharge.

62.     Is it possible to sample only one of several identical outfalls under the
        provisions of EPA's general permits?

        Yes. To reduce the monitoring burden on the facility, the permit allows an
        operator to sample one outfall where it is substantially identical to the
        other outfalls.  Permittees that intend to use this provision must justify and
        document  in writing why one outfall  is substantially identical to the others.
        Criteria for making this determination are presented in the NPDES Storm
        Water Sampling Guidance Document. Facilities using this provision must
        include the written justification in their storm water pollution prevention
        plan.  Facilities that are subject to semiannual monitoring requirements
        must submit the justification of why  an outfall is substantially identical to
        the others  with the Discharge Monitoring Report.  Other facilities required
        to monitor under the permit are not required to submit the justification
        unless it is requested  by the permitting authority.

63.     If a facility had to  report under section 313 of the Emergency Planning and
        Community Right to Know Act (EPCRA) when Us NOI was submitted but
        no longer uses the quantity of water priority chemicals  that makes such
        reporting necessary, is that facility still subject to special requirements in
        EPA's industrial storm water general permits for facilities that handle
        EPCRA section 313 water  priority chemicals?

A.      No.  Such facilities are no longer subject to the special EPCRA requirements
        contained in  EPA's industrial storm water general permit and should
        accordingly modify their pollution prevention plan to indicate the changes
        in industrial activity at the  facility.

64.     Under EPA's general permits, when and where must Discharge Monitoring
        Reports (DMR) be  submitted for semi-annual monitoring facilities?

A.      DMRs must be submitted to the permitting authority according to the
        following schedule: a) certain EPCRA section 313 facilities and wood
        treatment facilities monitor from January to  June and July to December
        and  report no later than January 28 following the second monitoring
        period; b) Primary  metal facilities,  facilities with coal pile runoff, and
        battery reclaimers monitor  from  March to August and September to
        February and report no later than April 28; and c) land disposal facilities
        monitor from October to March and from April to  September and report no
        later than October 28. For facilities in non-NPDES States, DMRs must be

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        submitted to the EPA Regional office (Section XI of this document includes
        storm water list of contacts for addresses).  In States with approved
        NPDES permit programs, DMRs must be sent to the location specified in
        the State's  general permit. The general permits in  such States may also
        have different schedules for submitting DMRs than the one specified
        above.

65.     Under the industrial general permit, coal-fired steam electric facilities have
        annual monitoring requirements for storm water discharges from coal
        handling sites (other than from coal pile runoff).  Are access roads
        considered  coal handling sites?

A.      Coal  handling sites include those areas of the facility where coal is either
        loaded or unloaded.  Therefore, those portions of access roads where
        loading/unloading operations do not occur are not considered to be coal
        handling sites and, therefore, are not subject to annual monitoring
        requirements under EPA's general permits.

66.     Are there specific numeric effluent limits in EPA's storm water general
        permits?

A.      EPA's general permits establish pollutant discharge limits for total
        suspended solids (TSS)  and pH in coal pile runoff.  In most other
        situations, EPA's industrial storm water general permits focus on storm
        water management and the implementation of facility-specific pollution
        prevention plans; however, EPA's industrial general permits  also include
        State-specific conditions that may  include additional numeric effluent
        limits.

67.     What is a storm water "best management practice" (BMP)?

A.      A BMP (defined at 9/9/92 Federal Register page 41319)  is a  technique,
        process, activity or structure used  to reduce the pollutant content of a
        storm water discharge.  BMPs include simple, nonstructural methods such
        as good housekeeping, preventive  maintenance and sweeping.
        Additionally, BMPs may include sophisticated, structural modifications
        such  as the installation of sediment basins.  The focus of EPA's general
        permits is on preventative BMPs which limit  the release of pollutants into
        storm water discharges. EPA has published  guidance materials to assist in
        the selection of appropriate BMPs in the preparation of storm water
        pollution prevention plans, including: Storm Water Management for
        Industrial Activities: Developing Pollution Prevention Plans and Best
        Management Practices (PB-92-235969) and  Storm Water Management for
        Construction Activities: Developing Pollution Prevention Plans and Best
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        Management Practices (PB-92-235951).  These Manuals are available from
        NTIS at (703) 487-1650.

68.     What should a facility do when the nature of its activities changes?

A.      When the nature of a facility's activities changes, the facility must modify
        the pollution prevention plan accordingly.  If the facility is subject to new
        monitoring requirements as a result of the changes, sampling must begin at
        the start of the next monitoring period.

69.     Is there a procedure for notifying EPA when a storm water discharge
        associated with industrial activity covered by EPA's general permit has
        been eliminated?

A.      Yes.  EPA's  general permits include procedures for filing a Notice of
        Termination (NOT) form when there is no longer a potential for storm
        water discharges associated with industrial activity to occur.  Operators of
        construction activities can submit an NOT once they have finally stabilized
        all areas that were disturbed. For construction activity, final stabilization
        means that  all soil disturbing activities at the site have been completed,
        and that a uniform perennial vegetative cover has been established or
        equivalent permanent stabilization measures (such as the use of riprap,
        gabions, or geotextiles)  have been employed with a density of 70% of the
        previously existing/background cover for unpaved areas and areas not
        covered by permanent structures. A copy of the NOT  can be found in
        Federal Register notices dated September 9, 1992 (57 JFR 41232 and
        41341), and September 25, 1992 (57 FR 44434 and 44469).

70.     If a NPDES authorized State has general permitting authority but has not
        yet finalized an applicable general permit, can a facility still submit an NOI
        and assume general permit coverage?

A.      No, a facility cannot submit an NOI to obtain coverage under a general
        permit until  that permit has been finalized. Furthermore, a facility located in
        an NPDES State cannot seek coverage under one of EPA's general permits.

71.     Will State general permit requirements vary and to what extent?

A.      General permit requirements for authorized NPDES States may vary
        considerably because these States develop and issue permits
        independently from EPA. However,  all NPDES permits must meet
        minimum technical and water quality-based requirements of the Clean
        Water Act.  Permittees in NPDES authorized States should consult with
        their permitting authorities regarding particular State  conditions.  Under
        EPA's storm water general  permits, State-specific requirements vary

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        because of different water quality concerns in different States.  Each of
        the 1 2 non-authorized States and Territories provided certification that
        EPA's general permits comply with State water quality standards, and
        added permit requirements where necessary to achieve compliance with
        those standards in the final general permits.

72.     Can discharges from industrial areas at a construction site such as portable
        asphalt plants and/or concrete batch plants be covered under EPA's
        construction general permits?

A.      No.  EPA's construction general permits only authorize discharges from the
        construction area; these permits do not authorize storm water discharges
        from industrial activities other than construction that are located on the
        construction site.  Portable asphalt plants and/or concrete batch plants are
        considered to be "industrial activity," as defined at 40 CFR
        122.26(b)(14)(ii).  Therefore, storm water discharges from such industrial
        activities must be in compliance with a general or individual storm water
        permit for industrial  storm water discharges other than construction. At a
        construction site which disturbs less than 5 acres of land (and which is,
        therefore, not subject to storm water permit application requirements, for
        the construction activity), the operator of the mobile asphalt or concrete
        plant still would be required to obtain storm water permit coverage for
        discharges from the plant. Please note that States with approved NPDES
        permit programs may allow portable  asphalt plants and/or cement batch
        plants to be covered under the State's construction general permit.
 V.      Group Applications
73.     How will group applicants be permitted?

A.      EPA is currently developing a model permit using information from Part I
        and Part II group applications, and other sources. This model permit will
        have sections which address a particular type of industrial activity.  When
        the model  permit is completed, the permitting authority (EPA or NPDES
        States) then has the option to propose and issue final permits to cover
        group members within their state based upon the model permit.
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 VI.     Sampling
74.     For what parameters does a facility have to sample under the individual or
        group application?

A.      Applicants are required to obtain quantitative data from samples collected
        during storm events from all outfalls that discharge storm water associated
        with industrial activity for the following parameters: (1) any pollutant
        limited in an  effluent guideline to which the facility is subject; (2) Any
        pollutant listed in the facility's permit for its process wastewater [if the
        facility is operating under an existing  NPDES permit]; (3) Oil and grease,
        pH, BOD5, COD, TSS, total phosphorous, total Kjeldahl nitrogen, and
        nitrate plus nitrite nitrogen; (4) certain toxic pollutants  listed in Tables II
        and ill of the Appendix D to 40  CFR Part 122  (also listed as Tables 2F-2
        and 2F-3 in the instructions for  Form 2F) that  are expected to be present in
        the storm water.

75.     For an individual or group application, how many aliquots (portions) of
        storm water  are needed to  obtain a flow-weighted composite?

A.      A flow-weighted composite may be taken as a combination of a minimum
        of 3 sample aliquots taken  in each hour of discharge for the entire event or
        for the first three hours of the event, with  each aliquot collection being
        separated by a minimum  of 15 minutes.  If the storm event lasts less than
        three hours, aliquots should be collected for as iong as there is  sufficient
        flow. Large and medium municipalities may use a different protocol  with
        respect to time duration between collection of aliquots with approval of
        the permitting authority.

76.     How does  a facility measure flow if there are  numerous small outfalls?

A.      Applicants may provide either measurements or estimates of storm water
        flows. One possible method for estimating flow is to create a conveyance
        that would combine flows from many of the outfalls.  Alternatively, where
        flows are similar, the flow at one outfall may be measured to calculate
        flows at the other outfalls,  provided that the method of measurement is
        indicated to the permitting  authority.   EPA's NPDES Storm Water Samp/ing
        Guidance Document discusses several ways to estimate flows.   [This
        manual is available from the Storm Water Hotline (703) 821-4823).]

77.     For what parameters is only a grab sample appropriate?

A.      When collecting storm water samples, grab samples are required for the
        following parameters: pH,  temperature, cyanide, total phenols,  residual
                                     27

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       chlorine, oil and grease, fecal coliform and fecal streptococcus.  Both grab
       and composite samples are required for all other pollutants.

78.    Do both a grab and a composite sample have to be taken from a 24-hour
       holding pond?

A.     No.  Only a minimum of one grab sample  is required to be taken for
       effluent from holding ponds or other impoundments with a retention period
       of greater than 24 hours for the representative  event.

79.    Can  composite and grab samples be taken from separate events?

A.     Grab and composite samples for a given outfall should be taken from the
       same storm event to provide a basis for comparing the data.  If this is
       impossible, information describing each storm event used for sample
       collection should be recorded and submitted with sampling results.
       However, applicants are advised that the  permitting authority may request
       data to be collected from only one storm event.

80.    Is a facility required to  sample all of its outfalls during a single storm
       event?

A.     No.  Unless otherwise specified by the permitting authority, a facility may
       sample outfalls during different events provided that the storms meet the
       criteria established in the application regulations or in  the applicable permit
       language.  Information  describing each storm event used for sample
       collection should be recorded and submitted with sampling results.

81.    If a facility has two conveyances that join and  leave the site as one
       combined discharge, where should a sample be collected?

A.     If the discharge is composed entirely of storm water,  the sampling point
       should be at the outfall as it leaves the property.  If the discharge is a
       combination of process wastewater and storm  water, the storm water
       component of the discharge should be sampled before it commingles with
       the process waste water discharges. If sampling at an outfall at the
       property boundaries is  impossible because of safety reasons,
       inaccessibility, or a poor conveyance, sampling may be done closer to the
       discharge source.

82.    How long a 'dry' period does a facility need before sampling?

A.     A 'dry' period needs to be at least 72 hours.  More specifically, all samples
       must be collected from the discharge resulting from a storm event that
                                     28

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       occurs at least 72 hours from the previously measurable (greater than 0.1
       inches) storm event.

83.    If two or more outfalls at a facility have identical discharges, does each
       outfall have to be sampled?

A.     Where a facility has outfalls that discharge "substantially identical
       effluent," the permitting authority may allow the applicant to test only one
       outfall and report that the  quantitative data are representative of the
       substantially identical outfalls.  EPA's NPDES Storm Water Samp/ing
       Guidance Document (available from the Storm Water Hotline (703-821-
       4823)) provides information on how to prepare this petition, or the
       applicant should contact their permitting authority to determine what
       information is required.

84.    Do analyses for storm water need to be done by a certified lab?

A.     There is no Federal requirement to use a certified lab. However,  certain
       States may require that a certified lab be used. Please note, analyses must
       comply with  the analytical procedures set out in 40 CFR Part 136, as
       discussed below.

85.    What analytical methods must be used for the pollutants for which
       sampling is required?

A.     EPA-approved methods must be used where a method for a pollutant has
       been promulgated. 40 CFR Part 136 discusses required methods. If there
       is no approved method, the applicant may use any suitable method,  but
       must provide a description of the method in its application. Additional
       information on general sampling issues can be obtained through the EPA's
       NPDES Storm Water Sampling Guidance Document.  The manual is
       available from the Storm Water Hotline (703-821-4823).
 VII.    Municipal Permit Applications
86.    Once a municipal separate storm sewer system (MS4) has submitted Part
       2 of its storm water permit application, when does the term of the permit
       actually begin?

A.     The term of the permit begins when a permit is issued.  Pursuant to 40
       CFR 122.26(e)(7), storm water permits for discharges from MS4s are to
       be issued by November 16, 1993 for large municipalities and by May 17,
       1994 for medium municipalities.
                                     29

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87.     How is EPA incorporating 1990 census data into the storm water
        program?

A.      EPA is planning to issue a rulemaking that will identify all municipalities
        who meet the definition of either a large or medium MS4 based on the
        results of the 1990 Census, and, therefore, who will be required to seek a
        NPDES permit. This rulemaking will identify permit application deadlines
        for these  new municipalities.

88.     How does EPA envision the relationship between large and medium MS4
        operators and NPDES permitting authorities in terms of addressing
        industrial  storm water discharges to MS4s?

A.      EPA envisions a partnership between NPDES  permitting authorities and
        operators of  large and medium  municipal separate storm sewer systems in
        controlling pollutants  in storm water discharges associated with industrial
        activity through MS4s.  In addition, NPDES storm water permits provide a
        basis for enforcement actions directly against the owner or operator of the
        storm water  discharge associated with  industrial activity.

        A second NPDES permit will be issued  to the operator of the large and
        medium MS4.  This permit will  establish the responsibilities of the
        municipal operators in controlling pollutants from storm water associated
        with industrial activity which discharges through their municipal system.
        Under this approach,  municipal  operators will be able to:

          Assist EPA in identifying priority storm water discharges associated with
          industrial activity through their system;

          Assist EPA in reviewing and  evaluating storm water pollution prevention
          plans that industrial facilities are required to develop; and

          Assist EPA in compliance efforts regarding storm water discharges
          associated with industrial activity to  their municipal system.

        A more complete description of this policy is provided in the August 16,
        1991 Federal Register (56 FR 40973).
                                     30

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 VIII.    The Intermodal Surface Transportation Efficiency Act of 1991
         (Transportation Act)
89.     How did the Transportation Act affect permitting requirements for
        municipalities under 100,000?

A.      Storm water discharges from certain industrial activities owned or operated
        by municipalities with a population of less than 100,000 people were
        granted a moratorium from the  October 1, 1992 deadline for storm water
        permit applications.  Exceptions to this moratorium include discharges from
        powerplants, airports and uncontrolled sanitary landfills.

90.     How does the Transportation Act impact privately owned or operated
        industrial activities located in municipalities under 100,000?

A.      The provisions of the Transportation Act specifically address publicly
        owned or operated industrial activities. Privately owned  facilities that have
        storm water discharges associated with industrial activity, as defined at 40
        CFR 122.26(b)(14), must submit a permit application regardless of the size
        of the population of the municipality in which they are located.

91.     What is an "uncontrolled sanitary landfill?"

A.      An uncontrolled sanitary landfill (discussed at 4/2/92 Federal Register page
        11410) is a landfill or open dump, whether in operation or closed, that
        does not satisfy the runon/runoff requirements established pursuant to
        subtitle D of the Solid Waste  Disposal Act. Landfills closed prior to
        October 9, 1991 are not subject to RCRA runon/runoff requirements, and
        therefore  need not submit permit applications if they are located in
        municipalities  of less than 100,000 population.

92.     If a municipally-owned sewage  treatment plant is located in a municipality
        with a population of less than 100,000 people, but the service population
        is greater than 100,000 people, is the facility subject to  the permitting
        requirements?

A.      Yes, because  service populations are used in determining population for
        publicly-owned treatment works [POTWs] (April 2,  1992 Federal Register
        page 11394).  Additionally, where one sewer district operates a number of
        POTWs, the entire service population of the district will be used to
        determine the applicable  population classification of all the POTWs
        operated by the district.  For example, if a district with a cumulative
        service population of 160,000 operates two sewage treatment plants, one
        of which serves 120,000 and the other which serves 40,000, both plants
                                     31

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       will be considered to be owned or operated by a municipality with a
       population of 100,000 or more.

93.    If a construction operation disturbing five or more acres is owned by a
       small municipality but operated by a private contractor, is the activity
       regulated?

A.     No.  If the construction activity is either owned or operated by a
       municipality with a population of less than 100,000 it would not be
       required to obtain a storm water permit during Phase I of the storm water
       program.  Some States, however, may require that an application be
       submitted.
 IX.     9th Circuit U.S. Court of Appeals Decision
94.    What is the current status of light manufacturing facilities without
       exposure and construction activities under five acres, pursuant to the 9th
       Circuit Court decision?

A.     The 9th Circuit Court decision remanded two "exemptions" provided in the
       NPDES storm water permit application regulations for light manufacturing
       facilities without exposure and construction activities under five acres
       (11/16/90  Federal Register page 48066).  Both exemptions were
       remanded for further proceedings.  In response to these two remands, the
       Agency intends to conduct further rulemakings on both the light
       manufacturing and construction activities under five acres.  In the
       December  18, 1992, Federal Register, the Agency stated that it is not
       requiring permit applications from construction activity under five acres or
       light industry without  exposure until this further rulemaking is completed.
 X.      Phase II of the Storm Water Program
95.     What is the difference between Phase I and Phase II of the NPDES storm
        water program?

A.      In the Water Quality Act of 1987, Congress mandated that EPA establish
        storm water control programs in two phases.  While the first Phase I was
        defined on November 16, 1990, Phase II regulations were to be
        promulgated by October 1,  1992. However, the Water Resources
        Development Act (WRDA) of 1992 extended deadlines for Phase II of the
        storm water program as follows:  1) EPA must issue Phase II regulations
        by October 1, 1993; and 2) permits for Phase II sources may not be

                                     32

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        required by EPA or the State prior to October 1, 1994.  EPA is currently
        developing regulations that will implement Phase II of the storm water
        program.  (See Question #1 for more information on Phase I).

96.     Will all storm water discharges that are not regulated under Phase I  be
        regulated under Phase II of the storm water program (e.g., service stations,
        retail and wholesale businesses, parking lots, municipalities with
        populations of less than 100,000)?

A.      Not necessarily. Statutory provisions require that EPA, in  consultation
        with State and local officials,  issue regulations that designate additional
        Phase II sources for regulation to protect water quality.  EPA is currently
        developing approaches to identify and control high risk Phase II sources.
        EPA requested  initial public comments on a variety of Phase II issues on
        September 9, 1992 (57 FR 41344). As part of this process, EPA is
        considering all sources of storm water not regulated under Phase I for
        potential coverage under Phase II.

97.     What types of control strategies are being considered for Phase II of the
        storm water program?

A.      Control  strategies being considered include:  a)  designate high risk Phase II
        sources for coverage under Phase I; b) extend Coastal Zone Act
        Reauthorization Amendments  (CZARA) controls to non-coastal areas; c)
        cover MS4 discharges from all urbanized areas under NPDES permits; d)
        issue NPDES permits for Phase I related urbanized areas only and use
        CZARA-like controls for non-urbanized areas; and e)  require States to
        develop and implement comprehensive Phase II State storm water
        management programs consisting of core elements.  EPA published a
        Federal  Register notice on  9/9/92  (57 FR 41344) requesting comment on
        approaches for Phase II of the storm water program.  The  comment  period
        closed November 9, 1992.  These comments will be utilized in developing
        Phase II regulations.
                                     33

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  STORM WATER
LIST OF CONTACTS
      May 1993
        34

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EPA Headquarters
Address      U.S. Environmental Protection Agency
             Office of Water Permits Division
             401 M Street, SW
             Washington, DC 20460
Fax          (202) 260-1460
Name
Nancy Cunningham
Kim Hankins
Ephraim King
Michael Plehn
BUI Swietlik
Bill Tale
Dan Weese
Kevin Weiss
Carmelila White

















Title
Biologist
Environmental Specialist
Chief, NPDES Program Branch
Permits Division
Environmental Engineer
Chief, Storm Water Section
Permits Division
Environmental Engineer
Environmental Engineer
Chemical Engineer
Program Analyst

















Telephone
202-260-9535
202-260-8328
202-260-9541
202-260-6929
202-260-9529
202-260-6963
202-260-6809
202-260-9524
202-260-6053

















Mail Stop
EN-336
EN-336
EN-336
EN-336
EN-336
EN-336
EN-336
EN-336
EN-336

















                        35

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                                  EPA Region I
                                  Address       U.S. EPA - Region 1
                                                JFK Federal Building
                                                Boston, MA  02203
                                  Fax           617-565-4940
Name
Clyde Shufelt
Jay Brolin
Shelly Puleo
Olga Vergara
Title
Chief
NPDES Program Operations Section
Environmental Engineer
Environmental Protection Specialist
Environmental Protection Specialist
Telephone
617-565-3560
617-565-3590
617-565-3525
617-565-3525
Mail Slop
WMS
WMM
WCP
WCP
                                                       State Offices
                                                      in EPA Region I
             Name and Title
                           Address
    Telephone
Chris Stone
Connecticut Department of Environmental Protection
Water Management Bureau
165 Capitol Avenue
Hartford, CT  06106
203-566-7167
FAX 203-566-8650
Norm Marcotte
Nonpoint Program Coordinator
Maine Department of Environmental Protection
Division of Licensing
State House, Station #17
Augusta, ME  04333
207-289-3901
FAX 207-289-7826
Paul Hogan
NPDES Coordinator
Massachusetts Department of Environmental Protection
Office of Watershed Management
P.O. Box 116
No. Groton, MA 01536-0116
508-792-7470
FAX 508-839-3469
Jeff Andrews
Supervisor, Industrial Permits Section
New Hampshire Department of Environmental Services
6 Hazen Drive
Concord, NH  03301
603-271-2457
FAX 603-271-2867
Chris Feeney
Pete Duhamal
Rhode Island Department of Environmental Management
Division of Water Resources
291 Promenade Street
Providence, Rl 02908
401-277-6519
FAX 401-521-4230
Angelo Liberti
Supervising Sanitary Engineer
Rhode Island Department of Environmental Management
Division of Water Resources
291 Promenade Street
Providence, Rl 02908
401-277-6519
FAX 401-521-4230
Brian Koiker
Chief Director, Permits Section
Conservation Comm.
Permits, Compliance, and Protection
Annex Building
103 South Main Street
Walcrbury, VT 05671-0405
802-241-3822
FAX 802-244-5141
Gary Schultz
Director of Permits, Compliance, and
 Protection
Conservation Comm.
Permits, Compliance, and Protection
Annex Building
103 South Main Street
Waterbury, VT 05671-0405
802-244-5674
FAX 802-244-5141
                                                           36

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EPA Region II
Address
Fax
U.S. EPA - Region II
Water Permits and Compliance Branch
26 Federal Plaza
New York, NY  10278
212-264-9597
Name
Anne Reynolds
Jose Rivera
Title
Environmental Scientist
Storm Water Regional Coordinator
Telephone
212-264-7674
212-264-1859
                    State Offices
                  in EPA Region II
Name and Title
Barry Chalofsky
Manager, Wastewater Planning and Storm
Water Permitting
Ed Frankel
Section Chief
Janet Jesse]
Brian McLendon
General Information
N.G. Kaul
Director, Division of Water
Ken Stevens
Chief, Physical Systems Section
Wanda Garcia-Hernandez
Chief, Permits & Engineering Division
Carlos Irizarry
Director, Water Quality Control Bureau
Marc Pacifico
Environmental Specialist III
Address
New Jersey Depa rtment of Environmental Protection and Energy
(CN-423) Office of Regulatory Policy
401 E. State Street
Trenton, NJ 08625
New Jersey Department of Environmental Protection and Energy
(CN-423) Office of Regulatory Policy
401 E. State Street
Trenton, NJ 08625
New Jersey Department of Environmental Protection and Energy
Office of Regulatory Policy, CN029
401 E. State Street
Trenton, NJ 08625
New Jersey Department of Environmental Protection and Energy
Office of Regulatory Policy, CN029
401 E. Slate Street
Trenton, NJ 08625
New York State Department of Environmental Conservation
50 Wolf Road
Albany, NY 12233-3505
New York State Department of Environmental Conservation
Bureau of Wastewater Facilities and Design
50 Wolf Road
Albany, NY 12233-3505
Puerto Rico Environmental Quality Board
P.O. Box 11488
Santurce, PR 00910
Puerto Rico Environmental Quality Board
P.O. Box 11488
Santurce, PR 00910
Virgin Islands Planning and Natural Resources
Division of Environmental Protection
1118 Watergut Homes, Christiansted
St. Croix, VI 00820-5065
Telephone
609-633-7021
FAX 609-984-2147
609-633-7021
FAX 609-984-2147
609-633-7021
FAX 609-984-2147
609-633-7026
FAX 609-984-2147
518-457-3674
FAX 518-457-1088
518-457-1157
518-457-1067
FAX 518-485-7786
809-767-8731
FAX 809-767-1962
809-767-8731
FAX 809-767-1962
809-773-0565
FAX 809-773-9310
                        37

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EPA Region 111
Address       U.S. EPA - Region III
              841 Chestnut Building
              Philadelphia, PA  19107
Fax           215-597-8541/215-597-8241/215-597-3359
Name
Kevin Magerr
Alexander Slinsky
Title
Storm Water Coordinator
Environmental Engineer
Telephone
215-597-1651
215-597-6465
Mail Stop
(3WM53)
(3WM53)
                     State Offices
                   in EPA Region III
Name and Title
Chuck Schadel
Environmental Engineer II
James Collier
Program Manager for Water Hygiene
Brian Clevenger
Director of Sediment & Storm Water
Administration
Edward Gertler
Chief, Industrial Point Source Division
Stu Gansell
Chief of Permits & Compliance
R.B. Patel
Chief of Permits Section/
Sanitary Engineer IV
Burton Tuxford
Environmental Engineer
Cathy Boatwright
Storm Water Program Manager
Jim Mason
Engineer, Storm Water Coordinator
Address
Delaware Department of Natural Resources and Environmental
Control
Division of Water Resources/Pollution Control Branch
89 Kings Highway
Dover, DE 19903
DC Department of Consumer and Regulatory Affairs
2100 Martin Luther King, Jr. Avenue SE
Washington, DC 20020
Maryland Department of the Environment
2500 Broening Highway
Baltimore, MD 21124
Maryland Department of the Environment
2500 Broening Highway
Baltimore, MD 21124
Pennsylvania Department of Environmental Resources
400 Market Street State Office Building, 10th Floor
Harrisburg, PA 17101-2702
Pennsylvania Department of Environmental Resources - BWQM
Division of Permits and Compliance
P.O. Box 8465
400 Market Street State Office Building, 10th Floor
Harrisburg, PA 17105-8465
Virginia Department of Environmental Quality
P.O. Box 11143
Richmond, VA 23230-1143
Virginia Department of Environmental Quality
P.O. Box 11143
Richmond, V A 23230-1143
West Virginia Office of Water Resources
Division of Environmental Protection
1201 Greenbrier Street
Charleston, WV 25311
Telephone
302-739-5731
FAX 302-739-3491
202-404-1120
FAX 202-404-1141
410-631-3543
FAX 410-631-4883
410-631-3323
FAX 410-631-4883
717-787-3481
FAX 717-787-2802
717-787-8184
FAX 717-783-2802
804-527-5083
FAX 804-527-5248
804-527-5316
FAX 804-527-5293
304-558-8855
FAX 304-348-5905
                          38

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Name and Title
Jerry Ray
Assistant Chief, Permits
Arthur A. Vickers
Engineer, Storm Water Coordinator
Address
West Virginia Office of Water Resources
Division of Environmental Protection
1201 Greenbrier Street
Charleston, WV 25311
West Virginia Office of Water Resources
Division of Environmental Protection
1201 Greenbrier Street
Charleston, WV 25311
Telephone
304-348-0375
FAX 304-348-5905
304-558-8855
FAX 304-348-5905
39

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                                 EPA Region IV
                                 Address       U.S. EPA - Region IV
                                               345 Courtlaod Street, ME
                                               Atlanta, GA 30365
                                 Fax           404-347-1739 or 1798
Name
Roosevelt Child ress
Chris Thomas
Title
Chief
Storm Water & Municipal Permits Unit
Water Management Division
States Contact
Telephone
404-347-2391
FAX 404-347-1739
404-347-2391
FAX 404-347-1739
                                                      State Offices
                                                    in EPA Region IV
            Name and Title
                          Address
    Telephone
Larry Bryant
Chief, Permits/Compliance Section
Alabama Department of Environmental Management
Water Division
Municipal Branch
1751 Dickinson Drive
Montgomery, AL 36130
205-271-7806
FAX 205-271-7950
Tim Forrester
Chief, Mining and Nonpoint Source Section
Alabama Department of Environmental Management
Water Division
1751 Dickinson Drive
Montgomery, AL 36130
205-271-7786
FAX 205-271-7950
John Poole
Chief, Industrial Branch
Alabama Department of Environmental Management
Water Division
Industrial Branch
1751 Congressman Dickinson Drive
Montgomery, AL 36130
205-271-7852
FAX 205-271-7950
Aubrey While
Engineer
Alabama Department of Environmental Management
Water Division
1751 Dickinson Drive
Montgomery, AL 36130
205-271-7811
FAX 205-270-5612
Eric Livingston
Environmental Administrator
Florida Department of Environmental Regulation
2600 Blair Stone Road
Tallahassee, FL  32399-2400
904-488-0782
FAX 904-488-6579
Dave Bullard
Program Manager
Georgia Department of Natural Resources
Environmental Protection Division - Municipal
4244 International Parkway, Suite 110
Atlanta, GA  30354
404-362-2680
FAX 404-362-2654
Lawrence W. Hedges
Program Manager
Georgia Department of Natural Resources
Environmental Protection Division - Industrial
205 Butler Street, SE, Suite 1070
Atlanta, GA  30334
404-656-4887
FAX 404-362-2654
                                                          40

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             Name and Title
                           Address
    Telephone
 Will Sailer
 Environmental Specialist
 Georgia Department of Natural Resources
 Environmental Protection Division - Industrial
 205 Butler Street, SE, Suite 1070
 Atlanta, GA  30334
404-656-4887
FAX 404-651-9425
 Douglas Allgeier
 Industrial Section Supervisor
 Department of Environmental Protection
 Kentucky Division of Water
 14 Reilly Road
 Frankfort, KY 40601
502-564-3410
FAX 502-564-4245
 Jeff Hippe
 Permit Writer
 Department of Environmental Protection
 Kentucky Division of Water
 14 Reilly Road
 Frankfort, KY 40601
502-564-3410
FAX 502-564-4245
Herb Ray
Environmental Engineer (Municipalities)
 Department of Environmental Protection
 Kentucky Division of Water
 14 Reilly Road
 Frankfort, KY 40601
502-564-3410
FAX 502-564-4245
Jerry Cain
Chief, Industrial Wastewater Branch
 Mississippi Department of Environmental Quality
 Office of Pollution Control
 Industrial Wastewater Branch
 P.O. Box 10385
 Jackson, MS  39289-0385
601-961-5073
FAX 601-354-6612
Louis Lavallee
Chief, Storm Water Section
Mississippi Department of Environmental Quality
Office of Pollution Control
P.O. Box 10385
Jackson, MS  39289-0385
601-961-5074
FAX 601-354-6612
Kenneth LaFleur
Assistant, Storm Water Section
Mississippi Department of Environmental Quality
Office of Pollution Control
P.O. Box  10385
Jackson, MS  39289-0385
601-961-5192
FAX 601-354-6612
Bradley Bennett
Environmental Engineer
North Carolina Division of Environmental Management
P.O. Box 29535
Raleigh, NC  27626-0535
919-733-5083
FAX 919-733-9919
Bill Mills
Environmental Engineer
North Carolina Department of Environment, Health & Natural
  Resources
P.O. Box 29535
Raleigh, NC 27626-0535
919-733-5083
FAX 919-733-9919
Arturo Ovalles
Storm Water Manager
South Carolina Department of Health and Environmental Control
Bureau of Water Pollution
2600 Bull Street
Columbia, SC  29201
803-734-5300
FAX 803-734-5216
Robert Haley, III
Environmental Engineer
Tennessee Water Pollution Control
L&C Annex, 6lh Floor
401 Church Street
Nashville, TN  37243-1534
615-532-0625
FAX 615-532-0614
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EPA Region V
Address      U.S. EPA - Region V
             77 W. Jackson Blvd.
             Mail Code WQP16J
             Chicago, IL 60604
Fax          312-886-7804
Name
Irv Dzikowski
Peter Swenson
Steve Jann
Title
Chief of Unit 1 - Permits Section
Environmental Engineer
Environmental Scientist
Telephone
312-886-6100
312-886-0236
312-886-2446
Mail Stop
WQP-16J
WQP-16J
WQP-16J
                    State Offices
                  in EPA Region V
Name and Title
Timothy Kluge
Manager, Industrial Permit Unit
Lonnie Brumfield
Section Chief
Catherine Ann Hess
Storm Water Coordinator/Environmental
Manager
Gary Boersen
Chief, Storm Water Permits Unit
Dave Drullinger
Environmental Quality Analyst
Gene Soderbeck
Engineer/Supervisor
Scott Thompson
Pollution Control Specialist/Storm Water
Coordinator
John Morrison
Supervisor, Storm Water Unit
Robert Phelps
Section Manager
Address
Illinois EPA
2200 Churchill Road
P.O. Box 19276
Springfield, IL 62794-9276
Indiana Department of Environmental Management
105 South Meridian Street, P.O. Box 6015
Indianapolis, IN 46206-6015
Indiana Department of Environmental Management
105 South Meridian Street, P.O. Box 6015
Indianapolis, IN 46206-6015
Michigan Department of Natural Resources
Surface Water Quality Division
P.O. Box 30028
Lansing, Ml 48909
Michigan Department of Natural Resources
Surface Water Quality Division
P.O. Box 30028
Lansing, MI 48909
Minnesota Pollution Control Agency
520 Lafayette Road
St. Paul, MN 55155-3898
Minnesota Pollution Control Agency
520 Lafayette Road
St. Paul, MN 55155-3898
Ohio EPA
1800 Watermark Drive, P.O. Box 1049
Columbus, OH 43266-0149
Ohio EPA, Water Pollution Control
1800 Watermark Drive, P.O. Box 1049
Columbus, OH 43266-0149
Telephone
217-782-0610
FAX 217-782-9891
317-232-8705
FAX 317-232-8637
FAX 317-232-5539
317-232-8704
FAX 317-232-8637
517-373-1982
FAX 517-373-9958
517-335-4117
FAX 517-373-9958
612-296-8280
FAX 612-297-8683
612-296-7203
FAX 612-297-8683
614-644-2017
FAX 614-644-2329
614-644-2034
FAX 614-644-2329
                         42

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Name and Title
Anne Mauel
Environmental Specialist/State Storm
Water Coordinator
Address
Wisconsin Department of Natural Resources
101 S. Webster, P.O. Box 7921
Madison, Wl 53707
Telephone
608-267-7634
FAX 608-267-7664
43

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EPA Region VI
Address      U.S. EPA  Region VI
             1445 Ross Avenue, Suite 1200
             Dallas, TX  75202-2733
Fax          214-655-6490
Name
Paulette Johnscy
Brent Larsen
Monica Spruill
Astrid Larsen
Nicole Carter
Tide
Environmental Scientist
Municipal Permits Section
Environmental Scientist
Municipal Permits Section
Environmental Engineer
Municipal Permits Section
Enforcement Branch

Telephone
214-655-7175
214-655-7523
214-655-7190
214-655-7185
214-655-2186
Mail Stop
(6W-PM)
(6W-PM)
(6W-PM)


                     State Offices
                  in EPA Region VI
Name and Title
Mark Bradley
Permits Section Chief
Tom Killeen
Program Manager
Kilren Virdine
Environmental Coordinator
Glen Saums
HeaUh Program Manager, Surface Water
Section
Brooks Kirlin
Environmental Engineer
Ted Williamson
Environmental Engineer Supervisor
Thomas W. Weber
Head of Municipal Unit
Manager, Permitting Section
Watershed Management Division
Address
Arkansas Department of Pollution Control and Ecology
8001 National Drive
P.O. Box 8913
Little Rock, AR 72219-8913
Louisiana Water Department of Environmental Quality
P.O. Box 82215
Baton Rouge, LA 70884-2215
Louisiana Water Department of Environmental Quality
P.O. Box 82215
Baton Rouge, LA 70884-2215
New Mexico Environment Department
Surface Water Quality Bureau
P.O. Box 261 10
Santa Fe, NM 87502
Oklahoma Water Resource Board
Water Quality Division
P.O. Box 150
Oklahoma City, OK 73117-0150
Oklahoma Department of Health
1000 NE 10th Street WQS 0207
Oklahoma City, OK 73117-1299
Texas Water Commission
P.O. Box 13087
Austin, TX 78711-3087

Telephone
501-562-7444
FAX 501-562-4632
504-765-0525
504-765-0634
FAX 504-765-0635
504-765-0525
504-765-0634
FAX 504-765-0635
505-827-2827
FAX 505-827-2836
405-231-2545
FAX 405-231-2600
405-271-7335
FAX 405-271-7339
512-463-7748
FAX 512-463-8408
                         44

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EPA Region VII
Address      U.S. EPA - Region VII
             726 Minnesota
             Kansas City, KS  66101
Fax          913-551-7765
Name
Ralph Summers
Title
NPDES Permits Coordinator
Telephone
913-551-7418
                    State Offices
                  in EPA Region VII
Name and Title
Monica Wnuk
Storm Water Coordinator
Don Carlson
Environmental Engineer V
Industrial Permits Chief
Marian Massoth
Environmental Engineer
Karl Felt
Environmental Specialist
Tim Stallman
Environmental Specialist
Linda Vogt
Environmental Specialist
Ron Asch
NPDES Permit Writer
David Ihrie
NPDES Permit Writer
Clark Smith
Supervisor, Permits & Compb'ance Section
Address
Iowa Department of Natural Resources
Environmental Protection Division
900 E. Grand Avenue
Des Moines, IA 50319-0034
Kansas Department of Health and Environment
Building 740 - Forbes Field
Topeka.KS 66620
Kansas Department of Health and Environment
Building 740 - Forbes Field
Topeka, KS 66620
Missouri Department of Natural Resources
P.O. Box 176
Jefferson City, MO 65102
Missouri Department of Natural Resources
P.O. Box 176
Jefferson City, MO 65102
Missouri Department of Natural Resources
P.O. Box 176, 205 Jefferson Street
Jefferson City, MO 65102
Nebraska Department of Environmental Control
Suite 400
1200 N Street, The Atrium
P.O. Box 98922
Lincoln, NE 68509
Nebraska Department of Environmental Quality
Suite 400
1200 N Street, The Atrium
P.O. Box 98922
Lincoln, NE 68509-8922
Nebraska Department of Environmental Control
Water Pollution Division
301 Centennial Mall South, P.O. Box 98922
Lincoln, NE 68507
Telephone
515-281-7017
FAX 515-281-8895
913-296-5547
FAX 913-296-6247
913-296-5556
FAX 913-296-6247
314-526-2928
FAX 314-751-9396
314-751-6825
FAX 314-751-9396
314-751-6825
FAX 314-751-9396
402-471-4239
FAX 402-471-2909
402-471-4239
FAX 402-471-2909
402-471-4239
FAX 402-471-2909
                        45

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                                 EPA Region VIII
                                 Address       U.S. EPA - Region VIII
                                               999 18th Street, Suite 500
                                               Denver, CO 80202-2466
                                 Fax           303-294-1386
Name
Vcmon Berry
Storm Water Coordinator
Paul Montgomery
Environmental Engineer
Title
U.S. EPA - Region 8
999 18th Street, Suite 500
Denver, CO 80202-2466
U.S. EPA - Region 8
999 18lh Street, Suite 500
Denver, CO 80202-2466
Telephone
303-293-1630
406-449-5486
(Montana
questions only)
Room No.


Mail Stop
(8WM-C)

                                                       State Offices
                                                   in EPA Region VIII
            Name and Title
                          Address
    Telephone
Kathy Dolan
Engineering Technician
Colorado Department of Health
Water Quality Control Division
WQCD-PE-B2
Permits and Enforcement
4300 Cherry Creek Drive South
Denver, CO  80222-1530
303-692-3590
FAX 303-782-0390
Sarah Plocher
Storm Water Unit Leader
Colorado Department of Health
Water Quality Control Division
WQCD-PE-B2
4300 Cherry Creek Drive South
Denver, CO  80222-1530
303-692-3590
FAX 303-782-0390
Fred Shewman
Supervisor of Permits
Montana Department of Health and Environmental Sciences
Water Quality Bureau
Cogswell Building, RM-206
Helena, MT  59626
406-444-2406
FAX 406-444-1374
Roxann Lincoln
Environmental Specialist
Montana Department of Health and Environmental Sciences
Water Quality Bureau
Cogswell Building, RM-206
Helena, MT  59626
406-444-2406
FAX 406-444-1374
Jim Collins
Environmental Scientist/Storm Water
  Coordinator
North Dakota Department of Health
Division of Water Quality
P.O. Box 5520
Bismarck, ND  58502-5520
701-221-5210
FAX 701-221-5200
Sheila McClenatahan
NPDES Program Manager
North Dakota Department of Health
Division of Water Quality
P.O. Box 5520
Bismarck, ND  58502-5520
701-221-5210
FAX 701-221-5200
                                                           46

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            Name and Title
                          Address
    Telephone
Glenn Pieritz
Natural Resources Engineer
South Dakota Department of Environment and Natural Resources
Point Source Control Division
Joe Foss Building
Pierre, SD  57501-3181
605-773-3351
FAX 605-773-6035
Harry Campbell
Environmental Engineer/Storm Water
  Coordinator
Utah Department of Environmental Quality
Division of Water Quality
P.O. Box 144870
Salt Lake City, UT  84114-4870
801-538-6146
FAX 801-538-6016
John Wagner
Technical Support Supervisor
Wyoming Department of Environmental Quality
Herschlcr Building
122 West 25th Street
Cheyenne, WY  82002
307-777-7082
FAX 307-777-5973
Marisa La tad y
Environmental Analyst
Wyoming Department of Environmental Quality
Herschler Building
122 West 25th Street
Cheyenne, WY  82002
307-777-7588
FAX 307-777-5973
                                                           47

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                                  EPA Region IX
                                  Address       U.S. EPA - Region IX
                                                75 Hawthorne Street
                                                San Francisco, CA  94105
                                  Fax           415-744-1235
Name
Eugene Bromley (W-5-1)
Title
Storm Water Coordinator
Telephone
415-744-1906
Mail Stop
(W-5-1)
                                                        State Offices
                                                     in EPA Region IX
            Name and Title
                           Address
    Telephone
Robert Wilson
Storm Water Coordinator
Arizona Department of Environmental Quality
Plan, Review and Permit Section
2005 North Central
Phoenix, AZ  85004
602-207^*574
FAX 602-207-4674
Mike Adackapara
Senior Water Resources Control Engineer
California State Water Resources Quality Control Board
Santa Ana Regional Board
2010 Iowa Avenue, Suite 100
Riverside, CA  92507-2409
714-782-4130
FAX 714-781-6288
Randy Eckstron
Senior Engineer
California State Water Resources Quality Control Board
Lahontan Regional Board
2092 Lake Tahoc Boulevard
South Lake Tahoe, CA  96150
916-544-3481
FAX 916-544-2271
Brad Hagemann
Associate Water Resources Control
 Engineer
California State Water Resources Quality Control Board
Central Coast Regional Board
81 Higuera Street, Suite 200
San Luis Obispo, CA 93401-5247
805-549-3697
FAX 805-543-0397
Deborah Jayne
Environmental Specialist III
California State Water Resources Quality Control Board
San Diego Regional Board
9771 Claremont Mason Boulevard, Suite B
San Diego, CA  92124-1331
619-467-2972
FAX 619-571-6972
Betsy Jennings
Senior Staff Counsel
California State Water Resources Quality Control Board
P.O. Box 100
Sacramento, CA  95812
916-657-2421
FAX 916-657-2388
Mohammed Khan
Associate Water Resources Control
  Engineer
California State Water Resources Quality Control Board
Colorado River Basin Regional Board
73-271 Highway 111, Suite 21
Palm Desert, CA  92260
619-346-7491
FAX 619-341-6820
Archie Mainews
Supervising Engineer
California State Water Resources Quality Control Board
Central Valley Regional Board
P.O. Box 944213
Sacramento, CA  94244-2130
916-657-0523
FAX 916-657-2388
                                                            48

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             Name and Title
                           Address
    Telephone
 Alex McDonald
 Associate Water Resources Control
  Engineer
California State Water Resources Quality Control Board
Central Valley Regional Board
3443 Routier Road
Sacramento, CA  95827-3098
916-361-5626
FAX 916-361-5686
Tom Mumley
Storm Water Coordinator
California State Water Resources Quality Control Board
San Francisco Bay Regional Board
2101 Webster Street, Suite 500
Oakland, CA 94612
510-286-0962
FAX 510-286-1380
Don Panin
Chief of Regulation Unit
California State Water Resources Quality Control Board
Central Valley Regional Board
Division of Water Quality
P.O. Box 944213
Sacramento, CA  94244-2130
916-657-1288
FAX 916-657-2388
Xavier Swamikannu
Water Resources Control Engineer
California State Water Resources Quality Control Board
Los Angeles Regional Board
101 Centre Plaza Drive
Monterey Park, CA  91754-2156
213-266-7592
FAX 213-266-7600
Al Wellman
Associate Water Resources Control
Engineer
California State Water Resources Quality Control Board
North Coast Regional Board
1440 Guemeville Road
Santa Rosa, CA 95403
707-576-2220
FAX 707-523-0135
Steve Chang
Supervisor - Engineering Section
Hawaii Department of Health
Clean Water Branch
500 Ala Moana Boulevard
5 Waterfront Plaza, Suite 250A
Honolulu, HI 96813
808-586-4309
FAX 808-586-4370
Denis R. Lau
Chief
Hawaii Department of Health
Clean Water Branch
500 Ala Moana Boulevard
5 Waterfront Plaza, Suite 250A
Honolulu, HI 96813
808-586-4309
FAX 808-586-4370
Rob Saunders
Environmental Engineer, Division of
 Conservation and Natural Resources
Division of Environmental Protection
Capital Complex
123 West Nye Lane
Carson City, NV  89710
702-687-4670
FAX 702-885-0868
                                                            49

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EPA Region X
Address      U.S. EPA - Region X
             1200 6th Avenue
             Seattle, WA 98101
Fax          206-553-0165
Name
Steve Bubnick
Kathy Collins
Region X Hotline
Title
Hydrogcologist
Environmental Engineer

Telephone
206-553-8399
206-553-2108
206-553-1214
Mail Stop
(WD134)
(WD137)

                     State Offices
                   in EPA Region X
Name and Title
Michael Mengc
Director
Jerry Yoder
Chief
Ranei Nomura
Storm Water Coordinator
Peter Birch
Supervisor of Urban Non-Point
Management Unit
Ed O'Brien
Environmental Engineer 3
Address
Alaska Department of Environmental Quality
410 Willoughby Avenue
Juneau.AK 99801
Permits and Enforcements
1410 North Hilton Street
Boise, ID 83706
Oregon Department of Environmental Quality, Water Quab'ty
Division
811 SW6lh Avenue
Portland, OR 97204-1309
Washington Department of Ecology
Mail Stop PV-11
P.O. Box 47600
Olympia. WA 98504-7600
Washington Department of Ecology
Mail Stop PV-11
P.O. Box 47696
Olympia, WA 98504-7696
Telephone
907-465-5260
FAX 907-465-5274
208-334-5898
FAX 208-334-0417
503-229-5256
FAX 503-229-6124
206-438-7076
FAX 206-438-7490
206-438-7037
FAX 206-438-7490
                         50

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                                 STATE NPDES PROGRAM STATUS
10/27/92

Alabama
Arkansas
California
Colorado
Connecticut
Delaware
Georgia
Hawaii
Illinois
Indiana
Iowa
Kansas
Kentucky
Maryland
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Jersey
New York
North Carolina
North Dakota
Ohio
Oregon
Pennsylvania
Rhode Island
South Carolina
Tennessee
Utah
Vermont
Virgin Islands
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Totals
Approved State
NPDES Permit
Program
10/19/79
11/01/86
05/14/73
03/27/75
09/26/73
04/01/74
06/28/74
11/28/74
10/23/77
01/01/75
08/10/78
06/28/74
09/30/83
09/05/74
10/17/73
06/30/74
05/01/74
10/30/74
06/10/74
06/12/74
09/19/75
04/13/82
10/28/75
10/19/75
06/13/75
03/11/74
09/26/73
06/30/78
09/17/84
06/10/75
12/28/77
07/07/87
03/11/74
06/30/76
03/31/75
11/14/73
05/10/82
02/04/74
01/30/75
39
Approved to
Regulate Federal
Facilities
10/19/79
11/01/86
05/05/78
-
01/09/89
-
12/08/80
06/01/79
09/20/79
12/09/78
08/10/78
08/28/85
09/30/83
11/10/87
12/09/78
12/09/78
01/28/83
06/26/79
06/23/81
11/02/79
08/31/78
04/13/82
06/13/80
09/28/84
01/22/90
01/28/83
03/02/79
06/30/78
09/17/84
09/26/80
09/30/86
07/07/87
-
-
02/09/82
-
05/10/82
11/26/79
05/18/81
34
Approved State
Pretreatment
Program
10/19/79
11/01/86
09/22/89
-
06/03/81
-
03/12/81
08/12/83
-
-
06/03/81
-
09/30/83
09/30/85
06/07/83
07/16/79
05/13/82
06/03/81
-
09/07/84
-
04/13/82
-
06/14/82
-
07/27/83
03/12/81
-
09/17/84
04/09/82
08/10/83
. 07/07/87
03/16/82
-
04/14/89
09/30/86
05/10/82
12/24/80
-
27
Approved General
Permits Program
06/26/91
11/01/86
09/22/89
03/04/83
03/10/92
10/23/92
01/28/91
09/30/91
01/04/84
04/02/91
08/12/92
-
09/30/83
09/30/91
-
12/15/97
09/27/91
12/12/85
04/29/83
07/20/89
07/27/92
04/13/82
10/15/92
09/06/91
01/22/90
08/17/92
02/23/82
08/02/91
09/17/84
09/03/92
04/18/91
07/07/87
-
-
05/20/91
09/26/89
05/10/82
12/19/86
09/24/91
35
Number of Fully Authorized Programs (Federal Facilities, Pretreatment, General Permits) = 24
                                                51

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                      Regulatory Definitions
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. (See
122.3).

Storm Water Associated with Industrial Activity means the discharge from any conveyance
which is used for collecting and conveying storm water and which is directly related to
manufacturing, processing or raw materials storage areas at an industrial  plant. The term
does not include discharges from facilities or activities excluded from the NPDES program.
For the categories of industries identified in  paragraphs (i) through (x) of this definition, the
term includes, but is not limited to, storm water discharges from industrial plant yards;
immediate access roads and rail lines used or traveled by carriers of raw  materials,
manufactured products, waste material, or by-products used or created by the facility;
material  handling sites; refuse sites; sites used for the application or disposal of process
waste waters (as defined at 40 CFR 401); sites  used for the storage and maintenance of
material  handling equipment; sites  used for residual treatment, storage, or disposal; shipping
and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw
materials, and intermediate and finished products; and areas where industrial activity has
taken place in the past and significant materials remain and are exposed to storm  water.  For
the categories of industries identified in paragraph (xi) of this definition,  the term includes
only storm water discharges  from all areas (except access roads and rail lines) listed in the
previous sentence where material handling equipment or activities, raw materials,
intermediate products, final products,  waste  materials, by-products, or industrial machinery
are exposed to storm water.  For the purposes of this paragraph,  material handling  activities
include the: storage, loading and unloading,  transportation, or conveyance of any raw
material, intermediate product, finished product, by-product or waste product. The term
excludes areas located on plant lands separate from  the plant's industrial  activities,  such as
office buildings and accompanying parking lots as long as the drainage from the excluded
areas is not mixed with storm water drained from the above described areas.  Industrial
facilities (including industrial facilities that are  Federally, State or municipally owned or
operated that meet the description  of the facilities listed in this paragraph (i)-(xi)  of this
definition) include those facilities designated under 122.26(a)(l)(v).  The following  categories
of facilities are considered to be engaging in "industrial activity"  for purposes of this
subsection:
    (i) Facilities subject to storm water effluent limitations guidelines, new source
    performance  standards, or toxic pollutant effluent standards under 40 CFR subchapter N
    (except facilities with toxic pollutant effluent standards which are exempted under
    category (xi) of this definition);
    (ii) Facilities classified as Standard Industrial Classifications 24 (except  2434), 26 (except
    265  and 267), 28 (except 283), 29, 311, 32 (except 323), 33, 3441,  373;
    (iii)  Facilities classified as Standard Industrial Classifications 10 through 14 (mineral
    industry) including active or inactive mining operations (except for areas of coal mining
    operations no longer meeting the definition of a reclamation area under  40 CFR 434.11(1)
    because the performance bond issued to  the facility by the appropriate SMCRA authority
    has been released, or except for areas of non-coal mining operations  which have been
    released from applicable State  or Federal reclamation requirements after December 17,
    1990) and oil and gas exploration, production, processing, or treatment  operations,  or


                                            52

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    transmission facilities that discharge storm water contaminated by contact with or that has
    come into contact with, any overburden, raw material, intermediate products, finished
    products, byproducts or waste products located on the site of such operations; inactive
    mining operations are mining sites that are not being actively mined, but which have an
    identifiable owner/operator;
    (iv) Hazardous waste treatment, storage, or disposal facilities, including those that are
    operating under interim status or a permit under Subtitle C of RCRA;
    (v) Landfills, land application sites, and open dumps that have received any industrial
    wastes (waste that is received from any of the facilities described under this subsection)
    including those that are subject to regulation under Subtitle D of RCRA;
    (vi) Facilities involved in the recycling of materials, including metal scrapyards, battery
    reclaimers, salvage yards, and automobile junkyards, including but limited to those
    classified as Standard Industrial  Classification  5015 and 5093;
    (vii) Steam electric power generating facilities, including coal handling sites;
    (viii) Transportation facilities classified as Standard Industrial Classifications 40, 41, 42
    (except 4221-25), 43, 44, 45 and 5171 which have vehicle maintenance shops, equipment
    cleaning operations, or airport deicing operations.  Only those portions of the facility that
    are either involved in vehicle maintenance  (including vehicle rehabilitation, mechanical
    repairs, painting, fueling, and lubrication), equipment cleaning operations, airport deicing
    operations, or which are otherwise identified under paragraphs (i)-(vii) or (ix)-(xi) of this
    subsection are associated with industrial activity;
    (ix)  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 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
    403.  Not included are farm lands, domestic gardens or lands used for sludge
    management where sludge is beneficially reused and which are not physically located in
    the confines of the facility, or areas that are in compliance with 40 CFR 503;
    (x) Construction activity including clearing, grading and excavation activities except:
    operations that result in the disturbance of less than five acres of total land area which
    are not part of a larger common plan of development or sale;
    (xi) Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265,
    267,  27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373),
    38, 39, 4221-25, (and which are not otherwise included within categories (i)-(x))1.
    1   On  June  4,  1992, the United States  Court of Appeals  for the Ninth Circuit
remanded the exclusion for manufacturing facilities in category (xi) which do not have
materials or activities exposed to storm water to the EPA for further rulemaking. (Nos.
90-70671 and 91-70200).

                                          53

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       Industrial Subclassification of Auxiliary Establishment
    [From Standard Industrial Classification Manual 1987, Office of Management and
    Budget, p. 17]
Central Administrative Offices

Auxiliary establishments primarily engaged in performing management and other general
administrative functions centrally for other establishments of the same enterprise.

    Accounting offices           Financial offices
    Advertising offices           Head offices
    Buying offices               Legal offices
    Central offices               Lobbying offices
    Corporate offices            Computer operations facilities
    Recordkeeping offices        Marketing research offices
    Public relations offices       Data processing facilities
    Purchasing offices            District administrative offices
    Executive offices             Regional administrative offices
Research, Development, and Testing Laboratories

Auxiliary establishments primarily engaged in performing laboratory or other physical or
biological research, development, and testing for other establishments of the same enterprise.

    Biological research facilities  Industrial laboratories
    Chemical laboratories         Laboratories, testing of products
    Engineering laboratories      Research laboratories
    Testing facilities             Food research/testing facilities
Warehouses

Auxiliary establishments primarily engaged in storing raw materials, finished goods,  and
other products to be used or sold by other establishments of the same enterprise.

    Storage  yards                Warehouses
                                          54

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Auxiliaries, Not Elsewhere Classified

Auxiliary establishments primarily engaged in providing support services, not elsewhere
classified, for other establishments of the same enterprise.

    Advertising sales offices     Repair shops
    Security offices             Computer maintenance facilities
    Trucking terminals          Garages: maintenance,  repair,
    Showrooms, without sales     motor pools
    Recreation centers           Trading stamp stores
    Stamp redemption centers    Milk receiving stations
                                          55

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       fiVl
I
i

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