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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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. ------- 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. ------- 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." ------- 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 ------- 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. ------- 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 ------- 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. 8 ------- 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. ------- 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 10 ------- 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 11 ------- 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. 12 ------- 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 13 ------- 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. 14 ------- 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 15 ------- 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 16 ------- 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 17 ------- 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. 18 ------- 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 19 ------- 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). 20 ------- 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 21 ------- 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 22 ------- 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 23 ------- 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 24 ------- 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 25 ------- 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. 26 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- STORM WATER LIST OF CONTACTS May 1993 34 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 41 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- ------- ------- fiVl I i ------- |