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
------- |