Wednesday
September 9.1992
Non Construction-Industrial
Permit Language
Part III
Environmental
Protection Agency
Final NPDES General Permits For Storm
Water Discharges Associated With
Industrial Activity; Permit Language
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Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
41297
Appendix B—NPDES General Permits
for Storm Water Discharges Associated
with Industrial Activity
Permit No. MEROOOOOIF
Authorization to Discharger Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et. seq.; the Act), except as
provided in part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity, for
Indian Tribes located in the State of
Maine, are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in
accordance with part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
This permit and the authorization to
discharge shall expire at midnight,
Signed and issued this 28th day of August,
1992.
Ronald Manfredonia,
Acting Director, Water Management Division.
This signature is for the permit conditions
in parts I through IX and for any additional
conditions in part XI which apply to facilities
with storm water discharges, for Indian
Tribes located in the State of Maine.
Permit No. NHROOOOOIF
Authorization to Discharger Under the
National Pollutant Discharge Elimination
System
hi compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et. seq.; the Act), except as
provided in part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity, for
Indian Tribes located in the State of
New Hampshire, are authorized to
discharge in accordance with the
conditions and requirements set forth
herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in
accordance with part II of this permit.
Operators of storm water discharges
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41298
Federal Register / Vol. 57. No. 175 / Wednesday, September 9,1992 / Notices
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
This permit and the authorization to
discharge shall expire at midnight.
Signed and issued this 28th day of August,
1992.
Ronald Manfredonia,
Acting Director, Water Management Division.
This signature is for the permit conditions
in parts I through IX and for any additional
conditions in part XI which apply to facilities
with storm water discharges, for Indian
Tribes located in the State of New
Hampshire.
Authorization to Discharger Under the
National Pollutant Discharge Elimination
System
Permit No. MAROOOOOIF
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et. seq; the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity, for
Indian Tribes located in the State of
Massachusetts, are authorized to
discharge in accordance with the
conditions and requirements set forth
herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
This permit and the authorization to
discharge shall expire at midnight,
Signed and issued this 28th day of August,
1992.
Ronald Manfredonia,
Acting Director,
This signature is for the permit conditions
in parts I through IX and for any additional
conditions in part XI which apply to facilities
and storm water discharges, for Indian Tribes
located in the State of Massachusetts.
Authorization to Discharger Under the
National Pollutant Discharge Elimination
System
Permit No. MEROOOOOO
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et. seq; the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity,
located in the State of Maine, are
authorized to discharge in accordance
with the conditions and requirements
set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
This permit and the authorization to
discharge shall expire at midnight,
Signed and issued this 28th day of August,
1992.
Ronald Manfredonia,
Acting Director.
This signature is for the permit conditions
in parts I through IX and for any additional
conditions in part XI which apply to facilities
located hi the State of Maine.
Authorization to Discharger Under the
National Pollutant Discharge Elimination
System
Permit No. NHROOOOOO
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et. seq; the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity,
located in the State of New Hampshire,
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity, who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
Signed and issued this 28th day of August,
1992.
Ronald Manfredonia,
Acting Director.
This signature is for the permit conditions
in parts I through IX and for any additional
conditions in part XI which apply to facilities
located in the State of New Hampshire.
General Permit No. FLROOOOOO
Region IV
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et seq, the "Act") except as
provided in part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity,
located in the State of Florida are
authorized to discharge in accordance
with the conditions and requirements
set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by this permit
must submit a Notice of Intent in
accordance with part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
This permit and the authorization to
discharge shall expire at midnight,
This permit and the authorization to
discharge shall expire at midnight,
Dated: August 28,1992.
Robert F. McGhee,
Acting Director, Water Management Division.
This signature is for the permit conditions
in parts I through X and for any additional
conditions in part XI which apply to facilities
located in the State of Florida.
General Permit No. NCROOOOOF
Region IV
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et seq, the "Act") except as
provided in part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity,
located on Indian land in North Carolina
belonging to the Eastern Band of
Cherokee Indians in the State of North
Carolina are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
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Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
41299
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by this permit
must submit a Notice of Intent in
accordance with part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
This permit and the authorization to
discharge shall expire at midnight,
Dated: August 28,1992.
Robert F. McGhee,
A cling Director, Water Management Division.
This signature is for the permit conditions
In parts I through X and for any additional
conditions in part XI which apply to facilities
located within the general permit area.
General Permit No. FLROOOOOF
Region IV
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Glean Water Act, as amended, (33
U.S.C. 1251 et seq. the "Act") except as
provided in part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity,
located on Indian land in Florida
belonging to the Seminole Tribe of
Florida are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
Intend tc be authorized by this permit
must submit a Notice of Intent in
accordance with part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail lo submit a Notice of Intent in
accordance with, part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
General Permit No. MSROOOOOF
Region IV
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 etseq, the "Act") except as
provided in part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity,
located on Indian land in Mississippi
belonging to the Mississippi Band of
Choctaw Indians are authorized to
discharge in accordance with the
conditions and requirements set forth
herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by this permit
must submit a Notice of Intent in
accordance with part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
This permit and the authorization to
discharge shall expire at midnight,
Dated: August 28,1992.
Robert F. McGhee,
Acting Director, Water Management Division.
This signature Is for the permit conditions
in parts I through X and for any additional
conditions in part XI which apply to facilities
located within the general permit area.
fail to submit a Notice of Intent in
accordance with part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
This permit and the authorization to
discharge shall expire at midnight,
Dated: August 28,1992.
Robert F. McGhee,
Acting Director, Water Management Division.
This signature is for the permit conditions
in parts I through X and for any additional
conditions in part XI which apply to facilities
located within the general permit area.
General Permit No. FLR00001F
Region IV
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et seq, the "Act") except as
provided in part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity,
located on Indian land in Florida
belonging to the Miccosukee Indian
Tribe of Florida are authorized to
discharge in accordance with the
conditions and requirements set forth
herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by this permit
must submit a Notice of Intent in
accordance with part II of this permit.
Operators of storm water discharges
associated with industrial activity who
This permit and the authorization to
discharge shall expire at midnight,
Dated: August 28,1992.
Robert F. McGhee,
Acting Director, Water Management Division.
This signature is for the permit conditions
in parts I through X and for any additional
conditions in part XI which apply to facilities
located within the general permit area.
Permit No. LAROOOOOO
Cover Page
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et seq, the "Act") except as
provided in part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity,
located in the State of Louisiana, are
authorized to discharge in accordance
with the conditions and requirements
set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in
accordance with part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 9,1992.
This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
Signed and issued this 27th day of August,
1992.
Myron O. Knudson, P.E.,
Water Management Director, Region VI.
This signature is for the permit conditions
in parts I through X and for any additional
conditions in part XI which apply to facilities
located in the State of Louisiana.
Permit No. N M ROOOOOO
Cover Page
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et. seq; the Act), except as
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provided in Part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity,
located in the State of New Mexico, are
authorized to discharge in accordance
with the conditions and requirements
set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 9,1992.
This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
Signed and issued this 27th day of August,
1992.
Myron O. Knudson, P.E.,
Water Management Director, Region VI.
This signature is for the permit conditions
in Parts I through X and for any additional
conditions in Part XI which apply to facilities
located in the State of Louisiana.
Permit No. O K ROOOOOO
Cover Page
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et. seq; the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity,
located in the State of Oklahoma, are
authorized to discharge in accordance
with the conditions and requirements
set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 9,1992.
This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
Signed and issued this 27th day of August,
1992.
Myron O. Knudson, P.E.,
Water Management Director, Region VI.
This signature is for the permit conditions
in Parts I through X and for any additional
conditions in Part XI which apply to facilities
located in the State of Louisiana.
Permit No. T X ROOOOOO
Cover Page
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et. seq; the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity,
located in the State of Texas, are
authorized to discharge in accordance
with the conditions and requirements
set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 9,1992.
This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
Signed and issued this 27th day of August,
1992.
Myron O. Knudson, P.E.,
Water Management Director, Region VI.
This signature is for the permit conditions
in Parts I through X and for any additional
conditions in Part XI which apply to facilities
located in the State of Louisiana.
Permit No. COROOOOOF
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. . . 1251 et. seq; the Act), except
as provided in Part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity in
applicable federal facilities located in
the State of Colorado, and in the
following Indian Reservations:
Southern Ute Reservation; and,
Ute Mountain Reservation—Includes the
entire Reservation, which is located in
Colorado and New Mexico.
Are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 9,1992.
This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
Signed and issued this 28th day of August,
1992.
Kerrigan Clough,
Acting Regional Administrator,
This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part XI which apply to facilities
located in the State of Colorado and the
portion of the Ute Mountain Reservation
located in the State of New Mexico.
Permit No. MTROOOOOF
Authorization To Discharger Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. . . 1251 et. seq; the Act), except
as provided in Part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity, in all
Indian Reservations in Montana
including the following Reservations:
Blackfeet Reservation;
Crow Reservation;
Flathead Reservation;
Fort Belknap Reservation;
Fort Peck Reservation;
Northern Cheyenne Reservation; and,
Rocky Boys Reservation.
Are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 9,1992.
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41301
This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
Signed and issued this 28th day of August,
1992.
Kerrigan dough,
Acting Regional Administrator.
This signature is for the permit conditions
in Parts 1 through IX and for any additional
conditions in Part XI which apply to facilities
located in the State of Montana.
Permit No. NDROOOOOF
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. . . 1251 et. seq; the Act), except
as provided in Part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity in all
the Indian Reservations located in the
Stale of North Dakota including the
following (with the exception of the
portion of the Lake Traverse
Reservation, also known as the Sisseton
Reservation, located in North Dakota)
Fort Totten Reservation—Also known
as Devils Lake Reservation;
Fort Berlhold Reservation;
Standing Rock Reservation—Includes
the entire Reservation, which is
located in both North Dakota and
South Dakota; and,
Turtle Mountain Reservation.
Are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fall to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 9,1992.
This permit and the authoriza'tion to
discharge shall expire at midnight,
September 9,1997.
Signed and issued this 28th day of August,
1992.
Kerrigan Clough,
Acting Regional Administrator,
This signature is for the permit conditions
in Parts 1 through IX and for any additional
conditions in Part XI which apply to facilities
located in tho State of North Dakota and the
portion of the Standing Rock Reservation
located in the State of South Dakota.
Permit No. SDROOOOOO
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et seq.; the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity,
located in the entire State of South
Dakota including the Indian reservations
noted below (with the exception of the
portion of the Standing Rock
Reservation located in South Dakota),
and the portion of the Lake Traverse
Reservation located in North Dakota
Cheyenne River Reservation;
Crow Creek Reservation;
Flandreau Reservation;
Lake Traverse Reservation—Also
known as the Sisseton Reservation.
Includes the entire Reservation, which
is located in North Dakota and South
Dakota;
Lower Brule Reservation;
Pine Ridge Reservation—Includes only
the portion of the Reservation located
in South Dakota;
Rosebud Reservation; and,
Yankton Reservation.
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in
accordance with part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 9,1992.
This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
Signed and issued this 28th day of August,
1992.
Kerrigan Clough,
Acting Regional Administrator.
This signature is for the permit conditions
in parts I through IX and for any additional
conditions in part XI which apply to facilities
located in the State of South Dakota and the
portion of the Lake Traverse Reservation
located in the State of North Dakota.
Permit No. UTROOOOOF
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et seq.; the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity,
located in the following Indian
Reservations in Utah (except for the
portions of the Navajo Reservation and
Goshute Reservation located in Utah)
Northern Shoshoni Reservation;
Paiute Reservations—several very small
reservations located in the southwest
quarter of Utah;
Skull Valley Reservation; and,
Uintah & Ouray Reservation.
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in
accordance with part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 9,1992.
This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
Signed and issued this 28th day of August,
1992.
Kerrigan Clough,
Acting Regional Administrator.
This signature is for the permit conditions
in parts I through IX and for any additional
conditions in part XI which apply to facilities
located in the State of Utah.
Permit No. WYROOOOOF
Authorization To Discharge) Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et seq.; the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity,
located in the Wind River Indian
Reservation in the State of Wyoming,
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by these permits
must submit a Notice of Intent in
accordance with part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
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Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
accordance with part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 9,1992.
This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
Signed and issued this 28th day of August,
1992.
Kerrigan Clough,
Acting Regional Administrator.
This signature is for the permit conditions
in parts I through IX and for any additional
conditions in part XI which apply to facilities
located in the State of Wyoming.
Storm Water General Permit for
Industrial Activity (Excluding
Construction Activities)
Permit No. CAROOOOIF
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended
(U.S.C.. . 1251 et. seq.; the Act), except
as provided in part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity
(excluding construction activity),
located on
Indian Lands in the State of California
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by this permit
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 9,1992.
This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
Signed and issued this 28th day of August,
1992.
Daniel W. McGovern,
Regional Administrator, Region 9.
This signature is for the permit conditions
in parts I through IX and for any additional
conditions in Part XI which apply to facilities
located on Indian lands in California.
Storm Water General Permit for
Industrial Activity (Excluding
Construction Activities)
Permit No. AZROOOOOO
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended,
(U.S.C.. . 1251 et. seq.; the Act), except
as provided in part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity
(excluding construction activity),
located in the
State of Arizona (Excluding Indian
Lands)
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by this permit
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 9,1992.
This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
Signed and issued this 28th day of August,
1992.
Daniel W. McGovern,
Regional Administrator, Region 9.
This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part XI which apply to facilities
located in the State of Arizona (excluding
Indian lands).
Storm Water General Permit for
Industrial Activity (Excluding
Construction Activities)
Permit No. JAROOOOOO
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended
(U.S.C.. . 1251 et. seq.; the Act), except
as provided in part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity
(excluding construction activity),
located on
Johnston Atoll
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by this permit
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 9,1992.
This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
Signed and issued this 28th day of August,
1992.
Daniel W. McGovern,
Regional Administrator, Region 9.
This signature is for the permit conditions
in parts I through IX and for any additional
conditions in Part XI which apply to facilities
located on Johnston Atoll.
Storm Water General Permit for
Industrial Activity (Excluding
Construction Activities)
Permit No. MWROOOOOO
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended,
(U.S.C. . . 1251 et seq.; the Act), except
as provided in Part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity
(excluding construction activity),
located on
Midway Island or Wake Island
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
associated* with industrial activity
within the general permit area who
intend to be authorized by this permit
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 9,1992.
This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
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Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
41303
Signed and issued this 28th day of August,
1992.
Daniel W. McGovern,
Regional Administrator. Region 9.
This signature is for the permit conditions
In Parts I through IX and for any additional
conditions in Part XI which apply to facilities
located on Midway Island or Wake Island.
Storm Water General Permit for
Industrial Activity (Excluding
Construction Activities)
Permit No. AZR00001F
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended,
(U.S.C. . . 1251 et seq.; the Act), except
as provided in Part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity
(excluding construction activity),
located on
Indian Lands in the State of Arizona,
Including Navajo Territory in the
States of New Mexico and Utah
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by this permit
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 9,1992.
This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
Signed and issued this 28th day of August,
1092.
Daniel W. McGovern,
Regional Administrator, Region 9.
This signature is for the permit conditions
in Parts I through IX and for any additional
conditions In Part XI which apply to facilities
located on the Indian lands specified above.
Storm Water General Permit for
Industrial Activity (Excluding
Construction Activities)
Permit No. NVROOOOIF
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended,
(U.S.C. . . 1251 et seq.; the Act), except
as provided in Part I.B.3 of this permit,
operators of storm water discharges
associated with industrial activity
(excluding construction activity),
located on
Indian Lands in the State of Nevada,
Including Goshute Territory the State
of Utah
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
associated with industrial activity
within the general permit area who
intend to be authorized by this permit
must submit a Notice of Intent in
accordance with Part II of this permit.
Operators of storm water discharges
associated with industrial activity who
fail to submit a Notice of Intent in
accordance with Part II of this permit
are not authorized under this general
permit.
This permit shall become effective on
September 9,1992.
This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
Signed and issued this 28th day of August,
1992.
Daniel W. McGovern,
Regional Administrator, Region 9.
This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part XI which apply to facilities
located on the Indian lands specified above.
General Permit No.: AK-R-00-0000
Region 10
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System for Storm Water Discharges
Associated With Industrial Activity
In compliance with the provisions of
the Clean Water Act, 33 U.S.C. § 1251 et
seq., as amended by the Water Quality
Act of 1987, P.L. 100-4, the "Act".
Owners and operators of facilities
engaged in discharging storm water
associated with industrial activities,
except facilities identified in Part I
hereof and except facilities located on
Indian lands within the State of Alaska,
are authorized to discharge to waters of
the State of Alaska and waters of the
United States adjacent to State waters,
in accordance with effluent limitations,
monitoring requirements, and other
conditions set forth herein.
A copy of this general permit must be
kept at the facility where the discharges
occur.
This permit shall become effective
This permit and the authorization to
discharge shall expire at midnight, on
Signed this 27th day of August 1992. >
Harold E. Geren,
Acting Director, Water Division, Region 10,
U.S. Environmental Protection Agency.
This signature is for the permit conditions
in Parts I through X and for any additional
conditions in Part XI which apply to facilities
in the State of Alaska.
General Permit No.: ID-R-00-OOOF
Region 10
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System for Storm Water Discharges
Associated With Industrial Activity
In compliance with the provisions of
the Clean Water Act, 33 U.S.C. § 1251 et
seq., as amended by the Water Quality
Act of 1987, P.L. 100-4, the "Act".
Owners and operators of facilities
located on Indian lands in the State of
Idaho that are engaged in discharging
storm water associated with industrial
activities, except facilities identified in
Part I hereof, are authorized to discharge
to waters of the United States, in
accordance with effluent limitations,
monitoring requirements, and other
conditions set forth herein.
A copy of this general permit must be
kept at the facility where the discharges
occur.
This permit shall become effective
This permit and the authorization to
discharge shall expire at midnight, on
Signed this 27th day of August 1992.
Harold E. Geren,
Acting Director, Water Division, Region 10,
U.S. Environmental Protection Agency.
This signature is for the permit conditions
in Parts I through X and for any additional
conditions in Part XI which apply to facilities
in the State of Idaho.
General Permit No.: AK-R-00-OOOF
Region 10
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System for Storm Water Discharges
Associated With Industrial Activity
In compliance with the provisions of
the Clean Water Act, 33 U.S.C. § 1251 et
seq., as amended by the Water Quality
Act of 1987, P.L. 100-4, the "Act".
Owners and operators of facilities
located on Indian lands in the State of
Alaska that are engaged in discharging
storm water associated with industrial
activities, except facilities identified in
Part I hereof, are authorized to discharge
to waters of the United States, in
accordance with effluent limitations,
monitoring requirements, and other
conditions set forth herein.
A copy of this general permit must be
kept at the facility where the discharges
occur.
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41SQ4
Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
This permit shall become effective
This permit and the authorization to
discharge shall expire at midnight, on
Signed this 27th day of August 1992.
Harold E. Geren,
Acting Director, Water Division, Region 10,
U.S. Environmental Protection Agency.
This signature is for the permit conditions
in Parts I through X and for any additional
conditions in Part XI which apply to facilities
located on Indian lands in the State of
Alaska.
General Permit No.: WA-R-00-001F
Region 10
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System for Storm Water Discharges
Associated With Industrial Activity
In compliance with the provisions of
the Clean Water Act, 33 U.S.C. § 1251 et
seq., as amended by the Water Quality
Act of 1987, P.L. 100-4, the "Act".
Owners and operators of facilities
located on Indian lands in the State of
Washington that are engaged in
discharging storm water associated with
industrial activities, except facilities
identified in Part I hereof, are authorized
to discharge to waters of the United
States, in accordance with effluent
limitations, monitoring requirements,
and other conditions set forth herein.
A copy of this general permit must be
kept at the facility where the discharges
occur.
This permit shall become effective
This permit and the authorization to
discharge shall expire at midnight, on
Signed this 27th day of August 1992.
Harold E. Geren,
Acting Director, Water Division, Region 10,
U.S. Environmental Protection Agency.
This signature is for the permit conditions
in Parts I through X and for any additional
conditions in Part XI which apply to facilities
located on Indian lands in the State of
Washington.
General Permit No.: WA-R-00-OOOF
Region 10
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System for Storm Water Discharges
Associated With Industrial Activity
In compliance with the provisions of
the Clean Water Act, 33 U.S.C. § 1251 et
seq., as amended by the Water Quality
Act of 1987, P.L. 100-4, the "Act".
Owners and operators of federal
facilities in the State of Washington,
that are engaged in discharging storm
water associated with industrial
activities, except facilities identified in
Part I hereof and except facilities
located on Indian lands within the State
of Washington, are authorized to
discharge to waters of the State of
Washington and waters of the United
States adjacent to State waters, in
accordance with effluent limitations,
monitoring requirements, and other
conditions set forth herein.
A copy of this general permit must be
kept at the facility where the discharges
occur.
This permit shall become effective
This permit and the authorization to
discharge shall expire at midnight, on
Signed this 27th day of August 1992.
Harold E. Geren,
Acting Director, Water Division, Region 10,
U.S. Environmental Protection Agency.
This signature is for the permit conditions
in Parts I through X and for any additional
conditions in Part XI which apply to federal
facilities in the State of Washington.
General Permit No.: ID-R-00-0000
Region 10
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System for Storm Water Discharges
Associated With Industrial Activity
In compliance with the provisions of
the Clean Water Act, 33 U.S.C. § 1251 et
seq., as amended by the Water Quality
Act of 1987, P.L. 100-4, the "Act".
Owners and operators of facilities
engaged in discharging storm water
associated with industrial activities,
except facilities identified in Part I
hereof and except facilities located on
Indian lands within the State of Idaho,
are authorized to discharge to waters of
the State of Idaho and waters of the
United States adjacent to State waters,
in accordance with effluent limitations,
monitoring requirements, and other
conditions set forth herein.
A copy of this general permit must be
kept at the facility where the discharges
occur.
This permit shall become effective
This permit and the authorization to
discharge shall expire at midnight, on
Signed this 27th day of August 1992.
Harold E. Geren,
Acting Director, Water Division, Region 10,
U.S. Environmental Protection Agency.
This signature is for the permit conditions
in Parts I through X and for any additional
conditions in Part XI which apply to facilities
in the State of Idaho.
NPDES General Permit for Storm Water
Discharges Associated With Industrial
Activity
Table of Contents
Preface
Part I. Coverage Under This Permit
A. Permit Area.
B. Eligibility.
C. Authorization.
Part II. Notice of Intent Requirements
A. Deadlines for Notification.
B. Contents of Notice of Intent.
C. Where to Submit.
D. Additional Notification.
E. Renotification.
Part III. Special Conditions
A. Prohibition on non-storm water
discharges.
B. Releases in excess of Reportable
Quantities.
Part IV. Storm Water Pollution Prevention
Plans
A. Deadlines for Plan Preparation and
Compliance.
B. Signature and Plan Review.
C. Keeping Plans Current.
D. Contents of Plans.
Part V. Numeric Effluent Limitations
A. Coal Pile Runoff.
Part VI. Monitoring and Reporting
Requirements
A. Failure to Certify.
B. Monitoring Requirements.
C. Toxicity Testing.
D. Reporting: Where to Submit.
E. Retention of Records.
Part VII. Standard Permit Conditions
A. Duty to Comply.
B. Continuation of the Expired General
Permit.
C. Need to halt or reduce activity not a
defense.
D. Duty to Mitigate.
E. Duty to Provide Information.
F. Other Information.
G. Signatory Requirements.
H. Penalties for Falsification of Reports.
I. Penalties for Falsification of Monitoring
Systems.
J. Oil and Hazardous Substance Liability.
K. Property Rights.
L. Severability.
M. Requiring an individual permit or an
alternative general permit.
N. State/Environmental Laws.
O. Proper Operation and Maintenance.
P. Monitoring and Records.
Q. Inspection and Entry.
R. Permit Actions.
S. Bypass of Treatment Facility.
T. Upset Conditions.
Part VIII. Reopener Clause
Part IX. Notice of Termination
A. Notice of Termination.
B. Addresses.
Part X. Definitions
Part XI. State Specific Conditions
A. Maine.
B. Louisiana.
C. New Mexico.
D. Oklahoma.
E. Texas.
F. Colorado (Federal Facilities and Indian
Lands).
G. Arizona.
H. Alaska.
I. Idaho.
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Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
41305
J. Washington (Federal Facilities and Indian
Lands).
ADDENDUM A—Pollutants Listed in Tables
II and III of Appendix D of 40 CFR122
ADDENDUM B—Section 313 Water Priority
Chemicals
ADDENDUM C—Large and Medium
Municipal Separate Storm Sewer Systems
PREFACE
The CWA provides that storm water
discharges associated with industrial
activity from a point source (including
discharges through a municipal separate
Storm sewer system) to waters of the
United States are unlawful, unless
authorized by a National Pollutant
Discharge Elimination System (NPDES)
permit. The terms "storm water
discharge associated with industrial
activity", "point source" and "waters of
the United States" are critical to
determining whether a facility is subject
to this requirement. Complete
definitions of these terms are found in
the definition section (Part X) of this
permit. In order to determine the
applicability of the requirement to a
particular facility, the facility operator
must examine its activities in
relationship to the eleven categories of
industrial facilities described in the
definition of "storm water discharge
associated with industrial activity".
Category (xi) of the definition, which
address facilities with activities
classified under Standard Industrial
Classifications (SIC) codes 20, 21, 22, 23,
2434,25,265, 267, 27, 283, 31 (except 311),
34 (except 3441), 35, 36, 37 (except 373),
38,39,4221-25, (and which are not
otherwise included within categories (i)-
(x)), differs from other categories listed
in that it only addresses storm water
discharges where material handling
equipment or activities, raw materials,
intermediate products, final products,
waste materials, by-products, or
industrial machinery are exposed to
storm water.1
The United States Environmental
Protection Agency (EPA) has
established the Storm Water Hotline at
(703) 821-4823 to assist the Regional
Offices in distributing notice of intent
forms and storm water pollution
prevention plan guidance, and to
provide information pertaining to the
NPDES storm water regulations.
1 On June 4,1992, Iho United States Court of
Appeals for the Ninth Circuit remanded the
exclusion for manufacturing facilities in category
(xl) which do not have materials or activities
exposed to ilotm water to the EPA for further
rulcmnklng. (Natural Resources Defense Council v.
EPA. Nos. 90-70071 and 91-70200).
Part I. Coverage Under This Permit
A. Permit Area
The permit covers all areas of:
Region I—for the States of Maine and
New Hampshire; for Indian lands
located in Massachusetts, New
Hampshire, and Maine.
Region IV—for the State of Florida;
and for Indian lands located in Florida,
Mississippi, and North Carolina.
Region VI—for the States of
Louisiana, New Mexico, Oklahoma, and
Texas; and for Indian lands located in
Louisiana, New Mexico (except Navajo
lands and Ute Mountain Reservation
lands), Oklahoma, and Texas.
Region VIII—for the State of South
Dakota; for Indian lands located in
Colorado, Montana, North Dakota,
South Dakota, Utah (except Goshute
Reservation and Navajo Reservation
lands), and Wyoming; for Federal
facilities in Colorado; and for the Ute
Mountain Reservation in Colorado, and
New Mexico.
Region IX—for the State of Arizona;
for the Territories of Johnston Atoll, and
Midway and Wake Island; and for
Indian lands located in California, and
Nevada; and for the Goshute
Reservation in Utah and Nevada, the
Navajo Reservation in Utah, New
Mexico, and Arizona, the Duck Valley
Reservation in Nevada and Idaho.
Region X—for the State of Alaska,
and Idaho; for Indian lands located in
Alaska, Idaho (except Duck Valley
Reservation lands), and Washington;
and for Federal facilities in Washington.
B. Eligibility
1. This permit may cover all new and
existing point source discharges of
storm water associated with industrial
activity to waters of the United States,
except for storm water discharges
identified under paragraph I.B.3.
2. This permit may authorize storm
water discharges associated with
industrial activity that are mixed with
storm water discharges associated with
industrial activity from construction
activities provided that the storm water
discharge from the construction activity
is in compliance with the terms,
including applicable notice of intent
(NOI) or application requirements, of a
different NPDES general permit or
individual permit authorizing such
discharges.
3. Limitations on Coverage. The
following storm water discharges
associated with industrial activity are
not authorized by this permit:
a. storm water discharges associated
with industrial activity that are mixed
with sources of non-storm water other
than non-storm water discharges that
are:
(i) in compliance with a different
NPDES permit; or
(ii) identified by and in compliance
with Part III.A.2 (authorized non-storm
water discharges) of this permit.
b. storm water discharges associated
with industrial activity which are
subject to an existing effluent limitation
guideline addressing storm water (or a
combination of storm water and process
water) 2;
c. storm water discharges associated
with industrial activity that are subject
to an existing NPDES individual or
general permit; are located at a facility
that where an NPDES permit has been
terminated or denied; or which are
issued in a permit in accordance with
paragraph VII.M (requirements for
individual or alternative general
permits) of this permit. Such discharges
may be authorized under this permit
after'an existing permit expires provided
the existing permit did not establish
numeric limitations for such discharges;
d. storm water discharges associated
with industrial activity from
construction sites, except storm water
discharges from portions of a
construction site that can be classified
as an industrial activity under 40 CFR
122.26(b)(14) (i) through (ix) or (xi)
(including storm water discharges from
mobile asphalt plant, and mobile
concrete plants);
e. storm water discharges associated
with industrial activity that the Director
(EPA) has determined to be or may
reasonably be expected to be
contributing to a violation of a water
quality standard;
f. storm water discharges associated
with industrial activity that may
adversely affect a listed or proposed to
be listed endangered or threatened
species or its critical habitat; and
g. storm water discharges associated
with industrial activity from inactive
mining, inactive landfills, or inactive oil
and gas operations occurring on Federal
lands where an operator cannot be
identified.
2 For the purpose of this permit, the following
effluent limitation guidelines address storm water
(or a combination of storm water and process
water): cement manufacturing (40 CFR 411); feedlots
(40 CFR 412); fertilizer manufacturing (40 CFR 418);
petroleum refining (40 CFR 419); phosphate
manufacturing (40 CFR 422); steam electric (40 CFR
423); coal mining (40 CFR 434); mineral mining and
processing (40 CFR 436); ore mining and dressing (40
CFR 440); and asphalt emulsion (40 CFR 443 Subpart
A). This permit may authorize storm water
discharges associated with industrial activity which
are not subject to an effluent limitation guideline
even where a different storm water discharge at the
facility is subject to an effluent limitation guideline.
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Federal Register / Vol. 57. No. 175 / Wednesday, September 9, 1992 / Notices
4. Storm water discharges associated
with industrial activity which are
authorized by this permit may be
combined with other sources of storm
water which are not classified as
associated with industrial activity
pursuant to 40 CFR 122.26(b)(14), so long
as the discharger is in compliance with
this permit.
c. Authorization
1. Dischargers of storm water
associated with industrial activity must
submit a Notice of Intent (NOI) in
accordance with the requirements of
Part II of this permit, using a NOI form
provided by the Director (or photocopy
thereof], to be authorized to discharge
under this general permit 3.
2. Unless notified by the Director to
the contrary, owners or operators who
submit such notification are authorized
to discharge storm water associated
with industrial activity under the terms
and conditions of this permit 2 days
after the date that the NOI is
postmarked.
3. The Director may deny coverage
under this permit and require submittal
of an application for an individual
NPDES permit based on a review of the
NOI or other information.
Part II. Notice of Intent Requirements
A. Deadlines for Notification
1. Except as provided in paragraphs
II.A.4 (rejected or denied municipal
group applicants), II.A.5 (new operator)
and II.A.6 (late NOIs), individuals who
intend to obtain coverage for an existing
storm water discharge associated with
industrial activity under this general
permit shall submit a Notice of Intent
(NOI) in accordance with the
requirements of this part on or before
October 1,1992;
2. Except as provided in paragraphs
II.A.3 (oil and gas operations), II.A.4
(rejected or denied municipal group
applicants), II.A.5 (new operator), and
II.A.6 (late NOI) operators of facilities
which begin industrial activity after
October 1,1992 shall submit a NOI in
accordance with the requirements of
this part at least 2 days prior to the
commencement of the industrial activity
at the facility;
3. Operators of oil and gas
exploration, production, processing, or
treatment operations or transmission
facilities, that are not required to submit
a permit application as of October 1,
1992 in accordance with 40 CFR
122.26(c)(l)(iii), but that after October 1,
1992 have a discharge of a reportable
3 A copy of the approved NOI form is provided in
Appendix C of this notice.
quantity of oil or a hazardous substance
for which notification is required
pursuant to either 40 CFR 110.6, 40 CFR
117.21 or 40 CFR 302.6, must submit a
NOI in accordance with the
requirements of Part II.C of this permit
within 14 calendar days of the first
knowledge of such release.
4. Storm water discharges associated
with industrial activity from a facility
that is owned or operated by a
municipality that has participated in a
timely Part 1 group application and
where either the group application is
rejected or the facility is denied
participation in the group application by
EPA, and that are seeking coverage
under this general permit shall submit a
NOI in accordance with the
requirements of this part on or before
the 180th day following the date on
which the group is rejected or the denial
is made, or October 1,1992, whichever is
later.
5. Where the operator of a facility
with a storm water discharge associated
with industrial activity which is covered
by this permit changes, the new operator
of the facility must submit an NOI in
accordance with the requirements of
this part at least 2 days prior to the
change.
6. An operator of a storm water
discharge associated with industrial
activity is not precluded from submitting
an NOI in accordance with the
requirements of this part after the dates
provided in Parts II.A.l, 2, 3, or 4 (above)
of this permit. In such instances, EPA
may bring appropriate enforcement
actions.
B. Contents of Notice of Intent. The
Notice of Intent shall be signed in
accordance with Part VII.G (signatory
requirements) of this permit and shall
include the following information:
1. The street address of the facility for
which the notification is submitted.
Where a street address for the site is not
available, the location of the
approximate center of the facility must
be described in terms of the latitude and
longitude to the nearest 15 seconds, or
the section, township and range to the
nearest quarter section;
2. Up to four 4-digit Standard
Industrial Classification (SIC) codes that
best represent the principal products or
for hazardous waste treatment, storage
or disposal facilities, land disposal
facilities that receive or have received
any industrial waste, steam electric
power generating facilities, or treatment
works treating domestic sewage, a
narrative identification of those
activities;
3. The operator's name, address,
telephone number, and status as
Federal, State, private, public or other
entity;
4. The permit number(s) of additional
NPDES permit(s) for any discharge(s)
(including non-storm water discharges)
from the site that are currently
authorized by an NPDES permit;
5. The name of the receiving water(s),
or if the discharge is through a municipal
separate storm sewer, the name of the
municipal operator of the storm sewer
and the ultimate receiving water(s) for
the discharge through the municipal
separate storm sewer;
6. An indication of whether the owner
or operator has existing quantitative
data describing the concentration of
pollutants in storm water discharges
(existing data should not be included as
part of the NOI);
7. Where a facility has participated in
Part 1 of an approved storm water group
application, the number EPA assigned to
the group application shall be supplied;
and
8. For any facility that begins to
discharge storm water associated with
industrial activity after October 1,1992,
a certification that a storm water
pollution prevention plan has been
prepared for the facility in accordance
with Part IV of this permit. (A copy of
the plan should not be included with the
NOI submission).
C. Where to Submit. Facilities which
discharge storm water associated with
industrial activity must use a NOI form
provided by the Director (or photocopy
thereof). The form in the Federal
Register notice in which this permit was
published may be photocopied and used.
Forms are also available by calling (703)
821-4823. NOIs must be signed in
accordance with Part VII.G (signatory
requirements) of this permit. NOIs are to
be submitted to the Director of the
NPDES program in care of the following
address: Storm Water Notice of Intent,
P.O. Box 1215, Newington, VA 22122.
D. Additional Notification. Facilities
which discharge storm water associated
with industrial activity through large or
medium municipal separate storm sewer
systems (systems located in an
incorporated city with a population of
100,000 or more, or in a county identified
as having a large or medium system (see
definition in Part X of this permit and
Appendix E of this notice)) shall, in
addition to filing copies of the Notice of
Intent in accordance with paragraph
II.D, also submit signed copies of the
Notice of Intent to the operator of the
municipal separate storm sewer through
which they discharge in accordance
with the deadlines in Part II.A
(deadlines for notification) of this
permit.
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41307
E. Renotification. Upon issuance of a
new general permit, the permittee is
required to notify the Director of their
Intent to be covered by the new general
permit.
Part III. Special Conditions
A, Prohibition on Non-Storm Water
Discharges
1. Except as provided in paragraph
III.A.2 (below), all discharges covered
by this permit shall be composed
entirely of storm water.
2. a. Except as provided in paragraph
HI.A.2.b (below), discharges of material
other than storm water must be in
compliance with a NPDES permit (other
than this permit) issued for the
discharge.
b. The following non-storm water
discharges may be authorized by this
permit provided the non-storm water
component of the discharge is hi
compliance with paragraph IV.D.3.g.(2)
(measures and controls for non-storm
water discharges): discharges from fire
fighting activities; fire hydrant flushings;
potable water sources including
waterline flushings; irrigation drainage;
lawn watering; routine external building
washdown which does not use
detergents or other compounds;
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.
B. Releases in Excess ofReportable
Quantities
1. The discharge of hazardous
substances or oil in the storm water
discharge(s) from a facility shall be
prevented or minimized in accordance
with the applicable storm water
pollution prevention plan for the facility.
This permit does not relieve the
permittee of the reporting requirements
of 40 CFR part 117 and 40 CFR part 302.
Except as provided in paragraph III.B.2
(multiple anticipated discharges) of this
permit, where a release containing a
hazardous substance in an amount
equal to or In excess of a reporting
quantity established under either 40 CFR
117 or 40 CFR 302, occurs during a 24
hour period.
a. The discharger is required to notify
the National Response Center (NRG)
(800-424-8802; in the Washington, DC
metropolitan area 202-426-2675) in
accordance with the requirements of 40
CFR 117 and 40 CFR 302 as soon as he
or she has knowledge of the discharge;
b. The storm water pollution
prevention plan required under Part IV
(storm water pollution prevention plans)
of this permit must be modified within
14 calendar days of knowledge of the
release to: provide a description of the
release, the circumstances leading to the
release, and the date of the release. In
addition, the plan must be reviewed by
the permittee to identify measures to
prevent the reoccurence of such releases
and to respond to such releases, and the
plan must be modified where
appropriate; and
c. The permittee shall submit within
14 calendar days of knowledge of the
release a written description of: the
release (including the type and estimate
of the amount of material released), the
date that such release occurred, the
circumstances leading to the release,
and steps to be taken in accordance
with paragraph HI.B.l.b (above) of this
permit to the appropriate EPA Regional
Office at the address provided in Part
VLD.l.d (reporting: where to submit) of
this permit.
2. Multiple Anticipated Discharges—
Facilities which have more than one
anticipated discharge per year
containing the same hazardous
substance in an amount equal to or in
excess of a reportable quantity
established under either 40 CFR 117 or
40 CFR 302, which occurs during a 24
hour period, where the discharge is
caused by events occurring within the
scope of the relevant operating system
shall:
a. submit notifications in accordance
with Part HI.B.l.b (above) of this permit
for the first such release that occurs
during a calendar year (or for the first
year of this permit, after submittal of an
NOI); and
b. shall provide in the storm water
pollution prevention plan required under
Part IV (storm water pollution
prevention plan) a written description of
the dates on which all such releases
occurred, the type and estimate of the
amount of material released, and the
circumstances leading to the release. In
addition, the plan must be reviewed to
identify measures to prevent or
minimize such releases and the plan
must be modified where appropriate.
3. Spills. This permit does not
authorize the discharge of hazardous
substances or oil resulting from an on-
site spill.
Part IV. Storm Water Pollution
Prevention Plans
A storm water pollution prevention
plan shall be developed for each facility
covered by this permit. Storm water
pollution prevention plans shall be
prepared in accordance with good
engineering practices and in accordance
with the factors outlined in 40 CFR
125.3(d) (2) or (3) as appropriate. The
plan shall identify potential sources of
pollution which may reasonably be
expected to affect the quality of storm
water discharges associated with
industrial activity from the facility. In
addition, the plan shall describe and
ensure the implementation of practices-
which are to be used to reduce the
pollutants in storm water discharges
associated with industrial activity at the
facility and to assure compliance with
the terms and conditions of this permit.
Facilities must implement the provisions
of the storm water pollution prevention
plan required under this part as a
condition of this permit.
A. Deadlines for Plan Preparation and
Compliance
1. Except as provided in paragraphs
IV.A.3 (oil and gas operations) 4
(facilities denied or rejected from
participation in a group application) 5
(special requirements) and 6 (later
dates) the plan for a storm water
discharge associated with industrial
activity that is existing on or before
October 1,1992:
a. shall be prepared on or before April
1,1993 (and updated as appropriate);
b. shall provide for implementation
and compliance with the terms of the
plan on or before October 1,1993;
2. a. The plan for any facility where
industrial activity commences after
October 1,1992, but on or before
December 31,1992 shall be prepared,
and except as provided elsewhere in
this permit, shall provide for compliance
with the terms of the plan and this
permit on or before the date 60 calendar
days after the commencement of
industrial activity (and updated as
appropriate);
b. The plan for any facility where
industrial activity commences on or
after January 1,1993 shall be prepared,
and except as provided elsewhere in
this permit, shall provide for compliance
with the terms of the plan and this
permit, on or before the date of
submission of a NOI to be covered
under this permit (and updated as
appropriate);
3. The plan for storm water discharges
associated with industrial activity from
an oil and gas exploration, production,
processing, or treatment operation or
transmission facility that is not required
to submit a permit application on or
before October 1,1992 in accordance
with 40 CFR 122.26(c)(l)(iii), but after
October 1,1992 has a discharge of a
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reportable quantity of oil or a hazardous
substance for which notification is
required pursuant to either 40 CFR 110.6,
40 CFR 117.21 or 40 CFR 302.6, shall be
prepared and except as provided
elsewhere in this permit, shall provide
for compliance with the terms of the
plan and this permit on or before the
date 60 calendar days after the first
knowledge of such release (and updated
as appropriate);
4. The plan for storm water discharges
associated with industrial activity from
a facility that is owned or operated by a
municipality that has participated in a
timely group application where either
the group application is rejected or the
facility is denied participation in the
group application by EPA,
a. shall be prepared on or before the
365th day following the date on which
the group is rejected or the denial is
made, (and updated as appropriate);
b. except as provided elsewhere in
this permit, shall provide for compliance
with the terms of the plan and this
permit on or before the 545th day
following the date on which the group is
rejected or the denial is made; and
5. Portions of the plan addressing
additional requirements for storm water
discharges from facilities subject to
Parts IV.D.7 (EPCRA Section 313 and
IV.D.8 (salt storage) shall provide for
compliance with the terms of the
requirements identified in Parts IV.D.7
and IV.D.8 as expeditiously as
practicable, but except as provided
below, not later than either October 1,
1995. Facilities which are not required to
report under EPCRA Section 313 prior to
July 1,1992, shall provide for compliance
with the terms of the requirements
identified in Parts IV.D.7 and IV.D.8 as
expeditiously as practicable, but not
later than three years after the date on
which the facility is first required to
report under EPCRA Section 313.
However, plans for facilities subject to
the additional requirements of Part
IV.D.7 and IV.D.8 shall provide for
compliance with the other terms and
conditions of this permit in accordance
with the appropriate dates provided in
Part IV.l, 2, 3, or 5 of this permit.
6. Upon a showing of good cause, the
Director may establish a later date in
writing for preparing and compliance
with a plan for a storm water discharge
associated with industrial activity that
submits a NOI in accordance with Part
II.A.2 (deadlines for notification—new
dischargers) of this permit (and updated
as appropriate).
B. Signature and Plan Review
1. The plan shall be signed in
accordance with Part VII.G (signatory
requirements), and be retained on-site at
the facility which generates the storm
water discharge in accordance with Part
VLB (retention of records) of this permit.
2. The permittee shall make plans
available upon request to the Director,
or authorized representative, or in the
case of a storm water discharge
associated with industrial activity which
discharges through a municipal separate
storm sewer system, to the operator of
the municipal system.
3. The Director, or authorized
representative, may notify the permittee
at any time that the plan does not meet
one or more of the minimum
requirements of this Part. Such
notification shall identify those
provisions of the permit which are not
being met by the plan, and identify
which provisions of the plan requires
modifications in order to meet the
minimum requirements of this Part.
Within 30 days of such notification from
the Director, (or as otherwise provided
by the Director), or authorized
representative, the permittee shall make
the required changes to the plan and
shall submit to the Director a written
certification that the requested changes
have been made.
C. Keeping Plans Current
The permittee shall amend the plan
whenever there is a change in design,
construction, operation, or maintenance,
which has a significant effect on the
potential for the discharge of pollutants
to the waters of the United States or if
the storm water pollution prevention
plan proves to be ineffective in
eliminating or significantly minimizing
pollutants from sources identified under
Part IV.D.2 (description of potential
pollutant sources) of this permit, or in
otherwise achieving the general
objectives of controlling pollutants in
storm water discharges associated with
industrial activity. Amendments to the
plan may be reviewed by EPA in the
same manner as Part IV.B (above).
D. Contents of Plan
The plan shall include, at a minimum,
the following items:
1. Pollution Prevention Team. Each
plan shall identify a specific individual
or individuals within the facility
organization as members of a storm
water Pollution Prevention Team that
are responsible for developing the storm
water pollution prevention plan and
assisting the facility or plant manager in
its implementation, maintenance, and
revision. The plan shall clearly identify
the responsibilities of each team
member. The activities and
responsibilities of the team shall
address all aspects of the facility's
storm water pollution prevention plan.
2. Description of Potential Pollutant
Sources. Each plan shall provide a
description of potential sources which
may reasonably be expected to add
significant amounts of pollutants to
storm water discharges or which may
result in the discharge of pollutants
during any dry weather from separate
storm sewers draining the facility. Each
plan shall identify all activities and
significant materials which may
potentially be significant pollutant
sources. Each plan shall include, at a
minimum:
a. Drainage.
(1) A site map indicating an outline of
the portions of the drainage area of each
storm water outfall that are within the
facility boundaries, each existing
structural control measure to reduce
pollutants in storm water runoff, surface
water bodies, locations where
significant materials are exposed to
precipitation, locations where major
spills or leaks identified under Part
IV.D.2.C (spills and leaks) of this permit
have occurred, and the locations of the
following activities where such
activities are exposed to precipitation:.
fueling stations, vehicle and equipment
maintenance and/or cleaning areas,
loading/unloading areas, locations used
for the treatment, storage or disposal of
wastes, liquid storage tanks, processing
areas and storage areas.
(2) For each area of the facility that
generates storm water discharges
associated with industrial activity with
a reasonable potential for containing
significant amounts of pollutants, a
prediction of the direction of flow, and
an identification of the types of
pollutants which are likely to be present
in storm water discharges associated
with industrial activity. Factors to
consider include the toxicity of
chemical; quantity of chemicals used,
produced or discharged; the likelihood
of contact with storm water; and history
of significant leaks or spills of toxic or
hazardous pollutants. Flows with a
significant potential for causing erosion
shall be identified.
b. Inventory of Exposed Materials. An
inventory of the types of materials
handled at the site that potentially may
be exposed to precipitation. Such
inventory shall include a narrative
description of significant materials that
have been handled, treated, stored or
disposed in a manner to allow exposure
to storm water between the time of three
years prior to the date of the issuance of
this permit and the present; method and
location of on-site storage or disposal;
materials management practices
employed to minimize contact of
materials with storm water runoff
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41309
between the time of three years prior to
the date of the issuance of this permit
and the present; the location and a
description of existing structural and
non-atructural control measures to
reduce pollutants in storm water runoff;
and a description of any treatment the
storm water receives.
c. Spiils and Leaks. A list of
significant spills and significant leaks of
toxic or hazardous pollutants that
occurred at areas that are exposed to
precipitation or that otherwise drain to a
storm water conveyance at the facility
after the date of three years prior to the
effective date of this permit. Such list
shall be updated as appropriate during
the term of the permit.
d. Sampling Data. A summary of
existing discharge sampling data
describing pollutants in storm water
discharges from the facility, including a
summary of sampling data collected
during the term of this permit.
e. Risk Identification and Summary of
Potential Pollutant Sources. A narrative
description of the potential pollutant
sources from the following activities:
loading and unloading operations;
outdoor storage activities; outdoor
manufacturing or processing activities;
significant dust or particulate generating
processes; and on-site waste disposal
practices. The description shall
specifically list any significant potential
source of pollutants at the site and for
each potential source, any pollutant or
pollutant parameter (e.g. biochemical
oxygen demand, etc.) of concern shall be
identified.
3. Measures and Controls. Each
facility covered by this permit shall
develop a description of storm water
management controls appropriate for
the facility, and implement such
controls. The appropriateness and
priorities of controls in a plan shall
reflect identified potential sources of
pollutants at the facility. The description
of storm water management controls
shall address the following minimum
components, including a schedule for
implementing such controls:
a. Good Housekeeping.—Good
housekeeping requires the maintenance
of areas which may contribute
pollutants to storm waters discharges in
a clean, orderly manner.
b. Preventive Maintenance. A
preventive maintenance program shall
involve timely inspection and
maintenance of storm water
management devices (e.g. cleaning oil/
water separators, catch basins) as well
as inspecting and testing facility
equipment and systems to uncover
conditions that could cause breakdowns
or failures resulting in discharges of
pollutants to surface waters, and
ensuring appropriate maintenance of
such equipment and systems.
c. Spill Prevention and Response
Procedures. Areas where potential spills
which can contribute pollutants to storm
water discharges can occur, and their
accompanying drainage points shall be
identified clearly in the storm water
pollution prevention plan. Where
appropriate, specifying material
handling procedures, storage
requirements, and use of equipment
such as diversion valves in the plan
should be considered. Procedures for
cleaning up spills shall be identified in
the plan and made available to the
appropriate personnel. The necessary
equipment to implement a clean up
should be available to personnel.
d. Inspections. In addition to or as
part of the comprehensive site
evaluation required under Part IV.4 of
this permit, qualified facility personnel
shall be identified to inspect designated
equipment and areas of the facility at
appropriate intervals specified in the
plan. A set of tracking or followup
procedures shall be used to ensure that
appropriate actions are taken in
response to the inspections. Records of
inspection shall be maintained.
e. Employee Training. Employee
training programs shall inform personnel
responsible for implementing activities
identified in the storm water pollution
prevention plan or otherwise
responsible for storm water
management at all levels of
responsibility of the components and
goals of the storm water pollution
prevention plan. Training should
address topics such as spill response,
good housekeeping and material
management practices. A pollution
prevention plan shall identify periodic
dates for such training.
f. Recordkeeping and Internal
Reporting Procedures. A description of
incidents (such as spills, or other
discharges), along with other
information describing the quality and
quantity of storm water discharges shall
be included in the plan required under
this part. Inspections and maintenance
activities shall be documented and
records of such activities shall be
incorporated into the plan.
g. Non-Storm Water Discharges.
(1) The plan shall include a
certification that the discharge has been
tested or evaluated for the presence of
non-storm water discharges. The
certification shall include the
identification of potential significant
sources of non-storm water at the site, a
description of the results of any test
and/or evaluation for the presence of
non-storm water discharges, the
evaluation criteria or testing method
used, the date of any testing and/or
evaluation, and the on-site drainage
points that were directly observed
during the test. Certifications shall be
signed in accordance with Part VII.G of
this permit. Such certification may not
be feasible if the facility operating the
storm water discharge associated with
industrial activity does not have access
to an outfall, manhole, or other point of
access to the ultimate conduit which
receives the discharge. In such cases,
the source identification section of the
storm water pollution plan shall indicate
why the certification required by this
part was not feasible, along with the
identification of potential significant
source of non-storm water at the site. A
discharger that is unable to provide the
certification required by this paragraph
must notify the Director in accordance
with Part VI.A (failure to certify) of this
permit.
(2) Except for flows from fire fighting
activities, sources of non-storm water
listed in Part III.A.2 (authorized non-
storm water discharges) of this permit
that are combined with storm water
discharges associated with industrial
activity must be identified in the plan.
The plan shall identify and ensure the
implementation of appropriate pollution
prevention measures for the non-storm
water component(s) of the discharge.
h. Sediment and Erosion Control. The
plan shall identify areas which, due to
topography, activities, or other factors,
have a high potential for significant soil
erosion, and identify structural,
vegetative, and/or stabilization
measures to be used to limit erosion.
i. Management of Runoff. The plan
shall contain a narrative consideration
of the appropriateness of traditional
storm water management practices
(practices other than those which
control the generation or source(s) of
pollutants) used to divert, infiltrate,
reuse, or otherwise manage storm water
runoff in a manner that reduces
pollutants in storm water discharges
from the site. The plan shall provide that
measures that the permittee determines
to be reasonable and appropriate shall
be implemented and maintained. The
potential of various sources at the
facility to contribute pollutants to storm
water discharges, associated with
industrial activity (see Parts IV.D.2.
(description of potential pollutant
sources) of this permit) shall be
considered when determining
reasonable and appropriate measures.
Appropriate measures may include:
vegetative swales and practices, reuse
of collected storm water (such as for a
process or as an irrigation source), inlet
controls (such as oil/water separators),
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snow management activities, infiltration
devices, and wet detention/retention
devices.
4. Comprehensive Site Compliance
Evaluation. Qualified personnel shall
conduct site compliance evaluations at
appropriate intervals specified in the
plan, but, except as provided in
paragraph IV.D.4.d (below], in no case
less than once a year. Such evaluations
shall provide:
a. Areas contributing to a storm water
discharge associated with industrial
activity shall be visually inspected for
evidence of, or the potential for,
pollutants entering the drainage system.
Measures to reduce pollutant loadings
shall be evaluated to determine whether
they are adequate and properly
implemented in accordance with the
terms of the permit or whether
additional control measures are needed.
Structural storm water management
measures, sediment and erosion control
measures, and other structural pollution
prevention measures identified in the
plan shall be observed to ensure that
they are operating correctly. A visual
inspection of equipment needed to
implement the plan, such as spill
response equipment, shall be made.
b. Based on the results of the
inspection, the description of potential
pollutant sources identified in the plan
in accordance with Part IV.D.2
(description of potential pollutant
sources) of this permit and pollution
prevention measures and controls
identified in the plan in accordance with
paragraph IV.D.3 (measures and
controls) of this permit shall be revised
as appropriate within two weeks of such
inspection and shall provide for
implementation of any changes to the
plan in a timely manner, but in no case
more than twelve weeks after the
inspection.
c. A report summarizing the scope of
the inspection, personnel making the
inspection, the date(s) of the inspection,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
IV.D.4.b (above) of the permit shall be
made and retained as part of the storm
water pollution prevention plan for at
least one year after coverage under this
permit terminates. The report shall
identify any incidents of non-
compliance. Where a report does not
identify any incidents of non-
compliance, the report shall contain a
certification that the facility is in
compliance with the storm water
pollution prevention plan and this
permit. The report shall be signed in
accordance with Part VII.G (signatory
requirements) of this permit.
d. Where annual site inspections are
shown in the plan to be impractical for
inactive mining sites due to the remote
location and inaccessibility of the site,
site inspections required under this part
shall be conducted at appropriate
intervals specified in the plan, but, in no
case less than once in three years.
5. Additional requirements for storm
water discharges associated with
industrial activity through municipal
separate storm sewer systems serving a
population of 100,000 or more.
a. In addition to the applicable
requirements of this permit, facilities
covered by this permit must comply with
applicable requirements in municipal
storm water management programs
developed under NPDES permits issued
for the discharge of the municipal
separate storm sewer system that
receives the facility's discharge,
provided the discharger has been
notified of such conditions.
b. Permittees which discharge storm
water associated with industrial activity
through a municipal separate storm
sewer system serving a population of
100,000 or more shall make plans
available to the municipal operator of
the system upon request.
6. Consistency with other plans. Storm
water pollution prevention plans may
reflect requirements for Spill Prevention
Control and' Countermeasure (SPCC)
plans developed for the facility under
section 311 of the CWA or Best
Management Practices (BMP) Programs
otherwise required by an NPDES permit
for the facility as long as such
requirement is incorporated into the
storm water pollution prevention plan.
7. Additional requirements for storm
water discharges associated with
industrial activity from facilities subject
to EPCRA Section 313 requirements. In
addition to the requirements of Parts
IV.D.l through 4 of this permit and other
applicable conditions of this permit,
storm water pollution prevention plans
for facilities subject to reporting
requirements under EPCRA Section 313
for chemicals which are classified as
'Section 313 water priority chemicals' in
accordance with the definition in Part X
of this permit, shall describe and ensure
the implementation of practices which
are necessary to provide for
conformance with the following
guidelines:
a. In areas where Section 313 water
priority chemicals are stored, processed
or otherwise handled, appropriate
containment, drainage control and/or
diversionary structures shall be
provided. At a minimum, one of the
following preventive systems or its
equivalent shall be used:
(1) Curbing, culverting, gutters, sewers
or other forms of drainage control to
prevent or minimize the potential for
storm water run-on to come into contact
with significant sources of pollutants; or
(2) Roofs, covers or other forms of
appropriate protection to prevent
storage piles from exposure to storm
water, and wind.
b. In addition to the minimum
standards listed under Part IV.D.7.a
(above) of this permit, the storm water
pollution prevention plan shall include a
complete discussion of measures taken
to conform with the following applicable
guidelines, other effective storm water
pollution prevention procedures, and
applicable State rules, regulations and
guidelines:
(1) Liquid storage areas where storm
water comes into contact with any
equipment, tank, container, or other
vessel used for section 313 water
priority chemicals.
(a) No tank or container shall be used
for the storage of a Section 313 water
priority chemical unless its material and
construction are compatible with the
material stored and conditions of
storage such as pressure and
temperature, etc.
(b) Liquid storage areas for Section
313 water priority chemicals shall be
operated to minimize discharges of
Section 313 chemicals. Appropriate
measures to minimize discharges of
Section 313 chemicals may include
secondary containment provided for at
least the entire contents of the largest
single tank plus sufficient freeboard to
allow for precipitation, a strong spill
contingency and integrity testing plan,
and/or other equivalent measures.
(2) Material storage areas for Section
313 water priority chemicals other than
liquids. Material storage areas for
Section 313 water priority chemicals
other than liquids which are subject to
runoff, leaching, or wind shall
incorporate drainage or other control
features which will minimize the
discharge of Section 313 water priority
chemicals by reducing storm water
contact with Section 313 water priority
chemicals.
(3) Truck and rail car loading and
unloading areas for liquid Section 313
water priority chemicals. Truck and rail
car loading and unloading areas for
liquid Section 313 water priority
chemicals shall be operated to minimize
discharges of Section 313 water priority
chemicals. Protection such as overhangs
or door skirts to enclose trailer ends at
truck loading/unloading docks shall be
provided as appropriate. Appropriate
measures to minimize discharges of
Section 313 chemicals may include: the
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41311
placement and maintenance of drip pans
(including the proper disposal of
materials collected in the drip pans)
where spillage may occur (such as hose
connections, hose reels and filler
nozzles) for use when making and
breaking hose connections; a strong spill
contingency and integrity testing plan;
and/or other equivalent measures.
(4) Areas where Section 313 water
priority chemicals are transferred,
processed or otherwise handled.
Processing equipment and materials
handling equipment shall be operated so
as to minimize discharges of Section 313
water priority chemicals. Materials used
in piping and equipment shall be
compatible with the substances
handled. Drainage from process and
materials handling areas shall minimize
storm water contact with section 313
water priority chemicals. Additional
protection such as covers or guards to
prevent exposure to wind, spraying or
releases from pressure relief vents from
causing a discharge of Section 313 water
priority chemicals to the drainage
system shall be provided as appropriate.
Visual inspections or leak tests shall be
provided for overhead piping conveying
Section 313 water priority chemicals
without secondary containment.
(5) Discharges from areas covered by
paragraphs (1), (2), (3) or (4).
(a) Drainage from areas covered by
paragraphs (1), (2), (3) or (4) of this part
should be restrained by values or other
positive means to prevent the discharge
of a spill or other excessive leakage of
Section 313 water priority chemicals.
Where containment units are employed,
such units may be emptied by pumps or
ejectors; however, these shall be
manually activated.
(b) Flapper-type drain valves shall not
be used to drain containment areas.
Valves used for the drainage of
containment areas should, as far as is
practical, be of manual, open-and-closed
design.
(c) If facility drainage is not
engineered as above, the final discharge
of all in-facility storm sewers shall be
equipped to be equivalent with a
diversion system that could, in the event
of an uncontrolled spill of Section 313
water priority chemicals, return the
spilled material to the facility.
(d) Records shall be kept of the
frequency and estimated volume (in
gallons) of discharges from containment
areas.
(8) Facility site runoff other than from
areas covered by flj. (2), (3) or (4). Other
areas of the facility (those not addressed
in paragraphs (1), (2), (3) or (4)), from
which runoff which may contain Section
313 water priority chemicals or spills of
Section 313 water priority chemicals
could cause a discharge shall
incorporate the necessary drainage or
other control features to prevent
discharge of spilled or improperly
disposed material and ensure the
mitigation of pollutants in runoff or
leachate.
(7) Preventive maintenance and
housekeeping. All areas of the facility
shall be inspected at specific intervals
identified in the plan for leaks or
conditions that could lead to discharges
of Section 313 water priority chemicals
or direct contact of storm water with
raw materials, intermediate materials,
waste materials or products. In
particular, facility piping, pumps,
storage tanks and bins, pressure vessels,
process and material handling
equipment, and material bulk storage
areas shall be examined for any
conditions or failures which could cause
a discharge. Inspection shall include
examination for leaks, wind blowing,
corrosion, support or foundation failure,
or other forms of deterioration or
noncontainment. Inspection intervals
shall be specified in the plan and shall
be based on design and operational
experience. Different areas may require
different inspection intervals. Where a
leak or other condition is discovered
which may result in significant releases
of Section 313 water priority chemicals
to waters of the United States, action to
stop the leak or otherwise prevent the
significant release of section 313 water
priority chemicals to waters of the
United States shall be immediately
taken or the unit or process shut down
until such action can be taken. When a
leak or noncontainment of a Section 313
water priority chemical has pccurred,
contaminated soil, debris, or other
material must be promptly removed and
disposed in accordance with Federal,
State, and local requirements and as
described in the plan.
(8) Facility security. Facilities shall
have the necessary security systems to
prevent accidental or intentional entry
which could cause a discharge. Security
systems described in the plan shall
address fencing, lighting, vehicular
traffic control, and securing of
equipment and buildings.
(9) Training. Facility employees and
contractor personnel that work in areas
where Section 313 water priority
chemicals are used or stored shall be
trained in and informed of preventive
measures at the facility. Employee
training shall be conducted at intervals
specified in the plan, but not less than
once per year, in matters of pollution
control laws and regulations, and in the
storm water pollution prevention plan
and the particular features of the facility
and its operation which are designed to
minimize discharges of Section 313
water priority chemicals. The plan shall
designate a person who is accountable
for spill prevention at the facility and
who will set up the necessary spill
emergency procedures and reporting
requirements so that spills and
emergency releases of Section 313 water
priority chemicals can be isolated and
contained before a discharge of a
Section 313 water priority chemical can
occur. Contractor or temporary
personnel shall be informed of facility
operation and design features in order to
prevent discharges or spills from
occurring.
(10) Engineering certification. The
storm water pollution prevention plan
for a facility subject to EPRCA Section
313 requirements for chemicals which
are classified as 'section 313 water
priority chemicals' shall be reviewed by
a Registered Professional Engineer and
certified to by such Professional
Engineer. A Registered Professional
Engineer shall recertify the plan every
three years thereafter or as soon as
practicable after significant modification
are made to the facility. By means of
these certifications the engineer, having
examined the facility and being familiar
with the provisions of this part, shall
attest that the storm water pollution
prevention plan has been prepared in
accordance with good engineering
practices. Such certifications shall in no
way relieve the owner or operator of a
facility covered by the plan of their duty
to prepare and fully implement such
plan.
8. Additional Requirements for Salt
Storage
Storage piles of salt used for deicing
or other commercial or industrial
purposes and which generate a storm
water discharge associated with
industrial activity which is discharged to
a waters of the United States shall be
enclosed or covered to prevent exposure
to precipitation, except for exposure
resulting from adding or removing
materials from the pile. Dischargers
shall demonstrate compliance with this
provision as expeditiously as
practicable, but in no event later than
October 1,1995. Piles do not need to be
enclosed or covered where storm water
from the pile is not discharged to waters
of the United States.
Part V. Numeric Effluent Limitations
A. Coal Pile Runoff
Any discharge composed of coal pile
runoff shall not exceed a maximum
concentration for any time of 50 mg/1
total suspended solids. Coal pile runoff
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shall not be diluted with storm water or
other flows in order to meet this
limitation. The pH of such discharges
shall be within the range of 6.0-9.0. Any
untreated overflow from facilities
designed, constructed and operated to
treat the volume of coal pile runoff
which is associated with a 10 year, 24
hour rainfall event shall not be subject
to the 50 mg/1 limitation for total
suspended solids. Failure to
demonstrate compliance with these
limitations as expeditiously as
practicable, but in no case later than
October 1,1995, will constitute a
violation of this permit.
Part VI. Monitoring and Reporting
Requirements
A. Failure to Certify
Any facility that is unable to provide
the certification required under
paragraph IV.D.3.g.(l) (testing for non-
storm water discharges), must notify the
Director by October 1,1993 or, for
facilities which begin to discharge storm
water associated with industrial activity
after October 1,1992,180 days after
submitting a NOI to be covered by this
permit. If the failure to certify is caused
by the inability to perform adequate
tests or evaluations, such notification
shall describe: the procedure of any test
conducted for the presence of non-storm
water discharges; the results of such test
or other relevant observations; potential
sources of non-storm water discharges
to the storm sewer; and why adequate
tests for such storm sewers were not
feasible. Non-storm water discharges to
waters of the United States which are
not authorized by an NPDES permit are
unlawful, and must be terminated or
dischargers must submit appropriate
NPDES permit application forms.
B. Monitoring Requirements
1. Limitations on Monitoring
Requirements.
a. Except as required by paragraph b.,
only those facilities with activities
specifically identified in Parts VI.B.2
(semi-annual monitoring requirements]
and VI.B.3 (annual monitoring
requirements) of this permit are required
to conduct sampling of their storm water
discharges associated with industrial
activity.
b. The Director can provide written
notice to any facility otherwise exempt
from the sampling requirements of Parts
VI.B.2 (semi-annual monitoring
requirements) or VI.B.3 (annual
monitoring requirements), that it shall
conduct the annual discharge sampling
required by Part VI.B.S.d (additional
facilities), or specify an alternative
monitoring frequency or specify
additional parameters to be analyzed.
2. Semi-Annual Monitoring
Requirements, During the period
beginning on the effective date and
lasting through the expiration date of
this permit, permittees with facilities
identified in Parts VLB.2.a through f
must monitor those storm water
discharges identified below at least
semi-annually (2 times per year) exdept
as provided in VI.B.5 (sampling waiver),
VI.B.6 (representative discharge), and
VI.C.l (toxicity testing). Permittees with
facilities identified in Parts VI.B.2.a
through f (below) must report in
accordance with Part VI.D (reporting:
where to submit). In addition to the
parameters listed below, the permittee
shall provide the date and duration (in
hours) of the storm event(s) sampled;
rainfall measurements or estimates (in
inches) of the storm event which
generated the sampled runoff; the
duration between the storm event
sampled and the end of the previous
measurable (greater than 0.1 inch
rainfall) storm event; and an estimate of
the total volume (in gallons) of the
discharge sampled;
a. Section 313 ofEPCRA Facilities. In
addition to any monitoring required by
Parts VI.B.2.b through f. or Parts VI.B.3.a
through d, facilities with storm water
discharges associated with industrial
activity that are subject to Section 313 of
EPCRA for chemicals which are
classified as 'Section 313 water priority
chemicals' are required to monitor storm
water that is discharged from the facility
that comes into contact with any
equipment, tank, container or other
vessel or area used for storage of a
Section 313 water priority chemical, or
located at a truck or rail car loading or
unloading area where a Section 313
water priority chemical is handled for:
Oil and Grease (mg/L); Five Day
Biochemical Oxygen Demand (BODS)
(mg/L); Chemical Oxygen Demand
(COD) (mg/L); Total Suspended Solids
(mg/L); Total Kjeldahl Nitrogen (TKN)
(mg/L); Total Phosphorus (mg/L): pH;
acute whole effluent toxicity; and any
Section 313 water priority chemical for
which the facility is subject to reporting
requirements under section 313 of the
Emergency Planning and Community
Right to Know Act of 1986.
b. Primary Metal Industries. Facilities
with storm water discharges associated
with industrial activity classified as
Standard Industrial Classification (SIC)
33 (Primary Metal Industry) are required
to monitor such storm water that is
discharged from the facility for: oil and
grease (mg/L); Chemical Oxygen Demand
(COD) (mg/L); total suspended solids
(mg/L); pH; acute whole effluent
toxicity; total recoverable lead (mg/L);
total recoverable cadmium (mg/L); total
recoverable copper (mg/L); total
recoverable arsenic (mg/L); total
recoverable chromium (mg/L); and any
pollutant limited in an effluent guideline
to which the facility is subject. Facilities
that are classified as SIC 33 only
because they manufacture pure silicon
and/or semiconductor grade silicon are
not required to monitor for total
recoverable cadmium, total recoverable
copper, total recoverable arsenic, total
recoverable chromium or acute whole
effluent toxicity, but must monitor for
other parameters listed above.
c. Land Disposal Units/Incinerators/
BIFs. Facilities with storm water
discharges associated with industrial
activity from any active or inactive
landfill, land application sites or open
dump without a stabilized final cover
that has received any industrial wastes
(other than wastes from a construction
site); and incinerators (including Boilers
and Industrial Furnaces (BIFs)) that burn
hazardous waste and operate under
interim status or a permit under Subtitle
C of RCRA, are required to monitor-such
storm water that is discharged from the
facility for: Magnesium (total
recoverable) (mg/L), Magnesium
(dissolved) (mg/L), Total Kjeldahl
Nitrogen (TKN) (mg/L), Chemical
Oxygen Demand (COD) (mg/L), Total
Dissolved Solids (TDS) (mg/L), Total
Organic Carbon (TOG) (mg/L), oil and
grease (mg/L), pH, Total recoverable
arsenic (mg/L), Total recoverable
Barium (mg/L), Total recoverable
Cadmium (mg/L), Total Chromium (mg/
L), Total recoverable Cyanide (mg/L),
Total recoverable Lead (mg/L), Total
Mercury (mg/L), Total recoverable
Selenium (mg/L), Total recoverable
Silver (mg/L), and acute whole effluent
toxicity.
d. Wood Treatment. Facilities with
storm water discharges associated with
industrial activity from areas that are
used for wood treatment, wood surface
application or storage of treated or
surface protected wood at any wood
preserving or wood surface facilities are
required to monitor such storm water
that is discharged from the facility for:
oil and grease (mg/L), pH, COD (mg/L),
and TSS (mg/L). In addition, facilities
that use chlorophenolic formulations
shall measure pentachlorophenol (mg/L)
and acute whole effluent toxicity;
facilities which use creosote
formulations shall measure acute whole
effluent toxicity; and facilities that use
chromium-arsenic formulations shall
measure total recoverable arsenic (mg/
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Federal Register / Vol. 57, No. 175 / Wednesday, September 9,1992 / Notices
41313
L), total recoverable chromium (mg/L),
and total recoverable copper (mg/L].
e. Coal Pile Runoff. Facilities with
storm water discharges associated with
industrial activity from coal pile runoff
are required to monitor such storm
water that is discharged from the facility
for: oil and grease (mg/L), pH, TSS (nig/
L), total recoverable copper [mg/1], total
recoverable nickel (mg/1) and total
recoverable zinc (mg/1).
f. Battery Reclaimers. Facilities with
storm water discharges associated with
industrial activity from areas used for
storage of lead acid batteries,
reclamation products, or waste
products, and areas used for lead acid
battery reclamation (including material
handling activities) at facilities that
reclaim lead acid batteries are required
to monitor such storm water that is
discharged from the facility for: Oil and
Grease (mg/L); Chemical Oxygen
Demand (COD) (mg/L): Total Suspended
Solids (TSS) (mg/L); pH; total
recoverable copper (mg/1); and total
recoverable lead (mg/1).
3. Annual Monitoring Requirements.
During the period beginning on the
effective date and lasting through the
expiration date of this permit,
permittees with facilities identified in
Parts VLB.3.a through d. (below) must
monitor those storm water discharges
identified below at least annually (1
time per year) except as provided in
VI.B.5 (sampling waiver), and VI.B.6
(representative discharge). Permittees
with facilities identified in parts VI.B.S.a
through d. (below) are not required to
submit monitoring results, unless
required in writing by the Director.
However, such permittees must retain
monitoring results in accordance with
Part VI.E (retention of records). In
addition to the parameters listed below,
the permittee shall provide the date and
duration (in hours) of the storm event(s)
sampled; rainfall measurements or
estimates (in inches) of the storm event
•which generated the sampled runoff; the
duration between the storm event
sampled and the end of the previous
measurable (greater than 0.1 inch
rainfall) storm event; and an estimate of
the total volume (in gallons) of the
discharge sampled;
a. Airports. At airports with over
50,000 flight operations per year,
facilities with storm water discharges
associated with industrial activity from
areas where aircraft or airport deicing
operations occur (including runways,
taxiways, ramps, and dedicated aircraft
deicing stations) are required to monitor
such storm water that is discharged
from the facility when deicing activities
are occurring for: Oil and Grease (mg/L);
Five Day Biochemical Oxygen Demand
(BODS) (mg/L); Chemical Oxygen
Demand (COD) (mg/L); Total Suspended
Solids (TSS) (mg/L); pH; and the
primary ingredient used in the deicing
materials used at the site (e.g. ethylene
glycol, urea, etc.).
b. Coal-fired Steam Electric Facilities.
Facilities with storm water discharges
associated with industrial activity from
coal handling sites at coal fired steam
electric power generating facilities
(other than discharges in whole or in
part from coal piles subject to storm
water effluent guidelines at 40 CFR
423—which are not eligible for coverage
under this permit) are required to
monitor such storm water that is
discharged from the facility for: Oil and
grease (mg/L), pH, TSS (mg/L), total
recoverable copper (mg/L), total
recoverable nickel (mg/L) and total
recoverable zinc (mg/L).
c. Animal Handling / Meat Packing.
Facilities with storm water discharges
associated with industrial activity from
animal handling areas, manure
management (or storage) areas, and
production waste management (or
storage) areas that are exposed to
precipitation at meat packing plants,
poultry packing plants, and facilities
that manufacture animal and marine
fats and oils, are required to monitor
such storm water that is discharged
from the facility for: Five Day
Biochemical Oxygen Demand (BODS)
(mg/L); oil and grease (mg/L); Total
Suspended Solids (TSS) (mg/L); Total
Kjeldahl Nitrogen (TKN) (mg/L); Total
Phosphorus (mg/L); ph; and fecal
coliform (counts per 100 mL).
d. Additional Facilities. Facilities with
storm water discharges associated with
industrial activity that:
(i) come in contact with storage piles
for solid chemicals used as raw
materials that are exposed to
precipitation at facilities classified as
SIC 30 (Rubber and Miscellaneous
Plastics Products) or SIC 28 (Chemicals
and Allied Products);
(ii) are from those areas at automobile
junkyards with any of the following: (A)
over 250 auto/truck bodies with
drivelines (engine, transmission, axles,
and wheels), 250 drivelines, or any
combination thereof (in whole or in
parts) are exposed to storm water; (B)
over 500 auto/truck units (bodies with or
without drivelines in whole or in parts)
are stored exposed to storm water; or
(C) over 100 units per year are
dismantled and drainage or storage of
automotive fluids occurs in areas
exposed to storm water;
(iii) come into contact with lime
storage piles that are exposed to storm
water at lime manufacturing facilities;
(iv) are from oil handling sites at oil
fired steam electric power generating
facilities;
(v) are from cement manufacturing
facilities and cement kilns (other than
discharges in whole or in part from
material storage piles subject to storm
water effluent guidelines at 40 CFR
411—which are not eligible for coverage
under this permit);
(vi) are from ready-mixed concrete
facilities; or
(vii) are from ship building and
repairing facilities;
are required to monitor such storm
water discharged from the facility for:
Oil and Grease (mg/L); Chemical
Oxygen Demand (COD) (mg/L); Total
Suspended Solids (TSS) (mg/L); pH; and
any pollutant limited in an effluent
guideline to which the facility is subject.
4. Sample Type. For discharges from
holding ponds or other impoundments
with a retention period greater than 24
hours, (estimated by dividing the volume
of the detention pond by the estimated
volume of water discharged during the
24 hours previous to the time that the
sample is collected) a minimum of one
grab sample may be taken. For all other
discharges, data shall be reported for
both a grab sample and a composite
sample. All such samples shall be
collected from the discharge resulting
from a storm event that is greater than
0.1 inches in magnitude and that occurs
at least 72 hours from the previously
measurable (greater than 0.1 inch
rainfall) storm event. The grab sample
shall be taken during the first thirty
minutes of the discharge. If the
collection of a grab sample during the
first thirty minutes is impracticable, a
grab sample can be taken during the
first hours of the discharge, and the
discharger shall submit with the
monitoring report a description of why a
grab sample during the first thirty
minutes was impracticable. The
composite sample shall either be flow-
weighted or time-weighted. Composite
samples may be taken with a continuous
sampler or as a combination of a
minimum of three sample aliquots taken
in each hour of discharge for the entire
discharge or for the first three hours of
the discharge, with each aliquot being
separated by a minimum period of
fifteen minutes. Grab samples only must
be collected and analyzed for the
determination of pH, cyanide, whole
effluent toxicity, fecal coliform, and oil
and grease.
5. Sampling Waiver. When a
discharger is unable to collect samples
due to adverse climatic conditions, the
discharger must submit in lieu of
sampling data a description of why
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samples could not be collected,
including available documentation of
the event. Adverse weather conditions
which may prohibit the collection of
samples includes weather conditions
that create dangerous conditions for
personnel (such as local flooding, high
winds, hurricane, tornadoes, electrical
storms, etc.) or otherwise make the
collection of a sample impracticable
(drought, extended frozen conditions,
etc.). Dischargers are precluded from
exercising this waiver more than once
during a two year period.
6. Representative Discharge. When a
facility has two or more outfalls that,
based on a consideration of industrial
activity, significant materials, and
management practices and activities
within the area drained by the outfall,
the permittee reasonably believes
discharge substantially identical
effluents, the permittee may test the
effluent of one of such outfalls and
report that the quantitative data also
applies to the substantially identical
outfalls provided that the permittee
includes in the storm water pollution
prevention plan a description of the
location of the outfalls and explaining in
detail why the outfalls are expected to
discharge substantially identical
effluents. In addition, for each outfall
that the permittee believes is
representative, an estimate of the size of
the drainage area (in square feet) and an
estimate of the runoff coefficient of the
drainage area (e.g. low (under 40
percent), medium (40 to 65 percent) or
high (above 65 percent)) shall be
provided in the plan. Permittees
required to submit monitoring
information under Parts VI.D.l.a, b or c
of this permit shall include the
description of the location of the
outfalls, explanation of why outfalls are
expected to discharge substantially
identical effluents, and estimate of the
size of the drainage area and runoff
coefficient with the Discharge
Monitoring Report.
7. Alternative Certification. A
discharger is not subject to the
monitoring requirements of Parts VI.B.2
or 3 of this permit provided the
discharger makes a certification for a
given outfall, on an annual basis, under
penalty of law, signed in accordance
with Part VII.G (signatory
requirements), that material handling
equipment or activities, raw materials,
intermediate products, final products,
waste materials, by-products, industrial
machinery or operations, significant
materials from past industrial activity,
or, in the case of airports, deicing
activities, that are located in areas of
the facility that are within the drainage
area of the outfall are not presently
exposed to storm water and will not be
exposed to storm water for the
certification period. Such certification
must be retained in the storm water
pollution prevention plan, and submitted
to EPA in accordance with Part VI.D of
this permit.
8. Alternative to WET Parameter. A
discharger that is subject to the
monitoring requirements of Parts
VI.B.2.a through d may, in lieu of
monitoring for acute whole effluent
toxicity, monitor for pollutants identified
in Tables II and III of Appendix D of 40
CFR122 (see Addendum A of this
permit) that the discharger knows or has
reason to believe are present at the
facility site. Such determinations are to
be based on reasonable best efforts to
identify significant quantities of
materials or chemicals present at the
facility. Dischargers must also monitor
for any additional parameter identified
in Parts VI.B.2.a through d.
C. Toxicity Testing. Permittees that
are required to monitor for acute whole
effluent toxicity shall initiate the series
of tests described below within 180 days
after the issuance of this permit or
within 90 days after the commencement
of a new discharge.
1. Test Procedures.
a. The permittee shall conduct acute
24 hour static toxicity tests on both an
appropriate invertebrate and an
appropriate fish (vertebrate) test species
(EPA/600/4-90-027 Rev. 9/91, Section
6.1).2 Freshwater species must be used
for discharges to freshwater water
bodies. Due to the non-saline nature of
rainwater, freshwater test species
should also be used for discharges to
estuarine, marine or other naturally
saline waterbodies.
b. All test organisms, procedures and
quality assurance criteria used shall be
in accordance with Methods for
Measuring the Acute Toxicity of
Effluents and Receiving Waters to
Freshwater and Marine Organisms,
EPA/600/4-90-027 (Rev. September
1991). EPA has proposed to establish
regulations regarding these test methods
(December 4,1989, 53 FR 50216).
c. Tests shall be conducted
semiannually (twice per year) on a grab
sample of the discharge. Tests shall be
conducted using 100 effluent (no
dilution) and a control consisting of
synthetic dilution water. Results of all
tests conducted with any species shall
be reported according to EPA/600/4-90-
027 (Rev. September 1991), Section 12,
Report Preparation, and the report
submitted to EPA with the Discharge
Monitoring Reports (DMR's). On the
DMR, the permittee shall report "O" if
there is no statistical difference between
the control mortality and the effluent
mortality for each dilution. If there is
statistical difference (exhibits toxicity),
the permittee shall report "1" on the
DMR.
2. If acute whole effluent toxicity
(statistically significant difference
between the 100% dilution and the
control) is detected on or after October
1,1995, in storm water discharges, the
permittee shall review the storm water
pollution prevention plan and make
appropriate modifications to assist in
identifying the source(s) of toxicity and
to reduce the toxicity of their storm
water discharges. A summary of the
review and the resulting modifications
shall be provided in the plan.
D. Reporting: Where to Submit.
1. a. Permittees which are required to
conduct sampling pursuant to Parts
VI.B.2.(a) (EPCRA Section 313), and (d)
(Wood Treatment facilities), shall
monitor samples collected during the
sampling periods running from January
to June and during the sampling period
from July to December. Such permittees
shall submit monitoring results obtained
during the reporting period running from
January to December on Discharge
Monitoring Report Form(s) postmarked
no later than the 28th day of the
following January. A separate Discharge
Monitoring Report Form is required for —
each sampling period. The first report
may include less than twelve months of
information.
b. Permittees which are required to
conduct sampling pursuant to Parts
VI.B.2.(b) (Primary Metal facilities), (e)
(Goal Pile Runoff), and (f) (Battery
Reclaimers) shall monitor samples
collected during the sampling period
running from March to August and
during the sampling period running from
September to February. Such permittees
shall submit monitoring results obtained
during the reporting period running from
April to March on Discharge Monitoring
Report Form(s) postmarked no later than
the 28th day of the following April. A
separate Discharge Monitoring Report
Form is required for each event
sampling period. The first report may
include less than twelve months of
information.
c. Permittees which are required to
conduct sampling pursuant to Parts
VI.B.2.(c) (Land disposal facilities), shall '
monitor samples collected during the
sampling period running from October to
March and during the sampling period
running from April to September. Such
permittees shall submit monitoring
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41315
results obtained during the reporting
period running from October to
September on Discharge Monitoring
Report Form(s) postmarked no later than
the Z8lh day of October. A separate
Discharge Monitoring Report Form is
required for each sampling period. The
first report may include less than twelve
months of information.
d. Signed copies of discharge
monitoring reports required under Parts
VLD.l.a, VI.D.l.b, and VI.D.l.c,
individual permit applications and all
other reports required herein, shall be
submitted to the Director of the NPDES
program at the address of the
appropriate Regional Office:
1, CT, MA, ME, NH, RI, VT
United States EPA, Region I, Water
Management Division, (WCP-2109),
Storm Water Staff, John F. Kennedy
Federal Building, Room 2209, Boston,
MA 02203.
2. Nf, NY, PR, VI
United States EPA, Region II, Water
Management Division, (2WM-WPC),
Storm Water Staff, 26 Federal Plaza,
New York, NY 10278.
3. DE, DC, MD, PA, VA, WV
United Slates EPA, Region HI, Water
Management Division, (3WM55),
Storm Water Staff, 841 Chestnut
Building, Philadelphia, PA 19107.
4, AL, FL, CA, KY, MS, NC, SC, TN
United States EPA, Region IV, Water
Management Division, (FPB-3), Storm
Water Staff, 345 Courtland Street, NE,
Atlanta, GA 30365.
5. IL, IN, MI, MN, OH, WI
United States EPA, Region V, Water
Quality Branch, (5 WQP), Storm Water
Staff, 77 West Jackson Boulevard,
Chicago, IL 60604.
0, AR, LA, NM (except see Region IX for
Navajo lands, and see Region VIII for
Ute Mountain Reservation lands), OK,
TX
United States EPA, Region VI, Water
Management Division, (6W-EA),
Storm Water Staff, First Interstate
Bank Tower at Fountain Place, 1445
Ross Avenue, 12th Floor, Suite 1200,
Dallas, TX 75202.
7.IA,KS,MO,NE
United States EPA, Region VII, Water
Management Division, Compliance
Branch, Storm Water Staff, 726
Minnesota Avenue, Kansas City, KS
66101.
8. CO, MT, ND, SD, WY, UT (except see
Region IX for Goshute Reservation and
Navajo Reservation lands)
United States EPA, Region VIII, Water
Management Division, NPDES Branch
(8WM-C), Storm Water Staff, 999 18th
Street, Denver, CO 80202-2466.
Note.—For Montana Indian Lands, please
use the following address:
United States EPA, Region VIII, Montana
Operations Office, Federal Office Building,
Drawer 10096, 301 South Park, Helena, MT
59620-0026.
9. AZ, CA, HI, NV, Guam, American
Samoa, the Goshute Reservation in UT
andNV, the Navajo Reservation in UT,
NM, andAZ, the Duck Valley
Reservation in NV and ID
United States EPA, Region IX, Water
Management Division, (W-5-1), Storm
Water Staff, 75 Hawthorne Street, San
Francisco, CA 94105.
10. AK, ID (except see Region IX for
Duck Valley Reservation lands), OR,
WA
United States EPA, Region X, Water
Management Division, (WD-134),
Storm Water Staff, 1200 Sixth Street,
Seattle, WA 98101(i).
e. Permittees with facilities identified
in Parts VI.B.3 [annual monitoring) are
not required to submit monitoring
results, unless required in writing by the
Director.
2. Additional Notification.
In addition to filing copies of
discharge monitoring reports in
accordance with Part VI.D.l (reporting:
where to submit), facilities with at least
one storm water discharge associated
with industrial activity through a large
or medium municipal separate storm
sewer system (systems serving a
population of 100,000 or more) must
submit signed copies of discharge
monitoring reports to the operator of the
municipal separate storm sewer system
in accordance with the dates provided
in paragraph VI.D.l (reporting: where to
submit). Facilities not required to report
monitoring data under Part VI.B.3
(annual monitoring requirements), and
facilities that are not otherwise required
to monitor their discharges, need not
comply with this provision.
E. Retention of Records.
1. The permittee shall retain the
pollution prevention plan developed in
accordance with Part IV (storm water
pollution prevention plans) of this
permit until at least one year after
coverage under this permit terminates.
The permittee shall retain all records of
all monitoring information, copies of all
reports required by this permit, and
records of all data used to complete the
Notice of Intent to be covered by this
permit, until at least one year after
coverage under this permit terminates.
This period may be explicitly modified
by alternative provisions of this permit
(see paragraph VI.E.2 (below) of this
permit) or extended by request of the
Director at any time.
2. For discharges subject to sampling
requirements pursuant to Part VLB
(monitoring requirements), in addition to
the requirements of paragraph VI.E.l
(above), permittees are required to
retain for a six year period from the data
of sample collection or for the term of
this permit, which ever is greater,
records of all monitoring information
collected during the term of this permit.
Permittees must submit such monitoring
results to the Director upon the requests
of the Director, and submit a summary
of such result as part of renotification
requirements in accordance with Part
II.F (renotification).
Part VII. Standard Permit Conditions
A. Duty to Comply.
1. The permittee must comply with all
conditions of this permit. Any permit
noncompliance constitutes a violation of
CWA and is grounds for enforcement
action; for permit termination,
revocation and reissuance, or
modification; or for denial of a permit
renewal application.
2. Penalties for Violations of Permit
Conditions.
a. Criminal.
(1). Negligent violations.—The CWA
provides that any person who
negligently violates permit conditions
implementing Sections 301, 302, 306, 307,
308, 318, or 405 of the Act is subject to a
fine of not less than $2,500 nor more
than $25,000 per day of violation, or by
imprisonment for not more than 1 year,
or both.
(2). Knowing violations.—The CWA
provides that any person who
knowingly violates permit conditions
implementing Sections 301, 302, 306, 307,
308, 318, or 405 of the Act is subject to a
fine of not less than $5,000 nor more
than $50,000 per day of violation, or by
imprisonment for not more than 3 years,
or both.
(3). Knowing endangerment.—The
CWA provides that any person who
knowingly violates permit conditions
implementing Sections 301, 302, 306, 307,
308, 318, or 405 of the Act and who
knows at that time that he is placing
another person in imminent danger of
death or serious bodily injury is subject
to a fine of not more than $250,000, or by
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41316 Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
imprisonment for not more than 15
years, or both.
(4). False statement—The CWA
provides that any person who
knowingly makes any false material
statement, representation, or
certification in any application, record,
report, plan, or other document filed or
required to be maintained under the Act
or who knowingly falsifies, tampers
with, or renders inaccurate, any
monitoring device or method required to
be maintained under the Act, shall upon
conviction, be punished by a fine of not
more than $10,000 or by imprisonment
for not more than 2 years, or by both. If
a conviction is for a violation committed
after a first conviction of such person
under this paragraph, punishment shall
be by a fine of not more than $20,000 per
day of violation, or by imprisonment of
not more than 4 years, or by both. (See
section 309[c](4) of the Clean Water
Act).
b. Civil penalties.—The CWA
provides that any person who violates a
permit condition implementing Sections
301, 302, 306, 307, 308, 318, or 405 of the
Act is subject to a civil penalty not to
exceed $25,000 per day for each
violation.
c. Administrative penalties.—The
CWA provides that any person who
violates a permit condition
implementing Sections 301, 302, 306, 307,
308, 318, or 405 of the Act is subject to
an administrative penalty, as follows:
(1), Class I penalty.—Not to exceed
$10,000 per violation nor shall the
maximum amount exceed $25,000.
(2). Class IIpenalty.—Not to exceed
$10,000 per day for each day during
which the violation continues nor shall
the maximum amount exceed $125,000.
B. Continuation of the Expired General
Permit
This permit expires on October 1,
1997. However, an expired general
permit continues in force and effect until
a new general permit is issued.
Permittees must submit a new NOI in
accordance with the requirements of
Part II of this permit, using a NOI form
provided by the Director (or photocopy
thereof) between August 1,1997 and
September 29,1997 to remain covered
under the continued permit after
October 1,1997. Facilities that had not
obtained coverage under the permit by
October 1,1997 cannot become
authorized to discharge under the
continued permit.
C. Need to Halt or Reduce Activity Not
a Defense
It shall not be a defense for a
permittee in an enforcement action that
it would have been necessary to halt or
reduce the permitted activity in order to
maintain compliance with the conditions
of this permit.
D. Duty to Mitigate
The permittee shall take all
reasonable steps to minimize or prevent
any discharge in violation of this permit
which has a reasonable likelihood of
adversely affecting human health or the
environment.
E. Duty to Provide Information
The permittee shall furnish to the
Director, within a time specified by the
Director, any information which the
Director may request to determine
compliance with this permit. The
permittee shall also furnish to the
Director upon request copies of records
required to be kept by this permit.
F. Other Information
When the permittee becomes aware
that he or she failed to submit any
relevant facts or submitted incorrect
information in the Notice of Intent or in
any other report to the Director, he or
she shall promptly submit such facts or
information.
G. Signatory Requirements
All Notices of Intent, Notices of
Termination, storm water pollution
prevention plans, reports, certifications
or information either submitted to the
Director (and/or the operator of a large
or medium municipal separate storm
sewer system), or that this permit
requires be maintained by the permittee,
shall be signed.
1. All Notices of Intent shall be signed
as follows:
a. For a corporation: by a responsible
corporate officer. For the purpose of this
section, a responsible corporate officer
means: (1) A president, secretary,
treasurer, or vice-president of the
corporation in charge of a principal
business function, or any other person
who performs similar policy or decision-
making functions for the corporation; or
(2) the manager of one or more
manufacturing, production or operating
facilities employing more than 250
persons or having gross annual sales or
expenditures exceeding $25,000,000 (in
second-quarter 1980 dollars) if authority
to sign documents has been assigned or
delegated to the manager in accordance
with corporate procedures;
b. For a partnership or sole
proprietorship: by a general partner or
the proprietor, respectively; or
c. For a municipality: State, Federal,
or other public agency: by either a
principal executive officer or ranking
elected official. For purposes of this
section, a principal executive officer of a
Federal agency includes (1) the chief
executive officer of the agency, or (2) a
senior executive officer having
responsibility for the overall operations
of a principal geographic unit of the
agency (e.g. Regional Administrators of
EPA).
2. All reports required by the permit
and other information requested by the
Director shall be signed by a person
described above or by a duly authorized
representative of that person. A person
is a duly authorized representative only
if:
a. The authorization is made in
writing by a person described above
and submitted to the Director.
b. The authorization specifies either
an individual or a position having
responsibility for the overall operation
of the regulated facility or activity, such
as the position of manager, operator,
superintendent, or position of equivalent
responsibility or an individual or
position having overall responsibility for
environmental matters for the company.
(A duly authorized representative may
thus be either a named individual or any
individual occupying a named position).
c. Changes to authorization. If an
authorization under paragraph VII.G.2.
is no longer accurate because a different
individual or position has responsibility
for the overall operation of the facility, a
new notice of intent satisfying the
requirements of paragraph II.C must be
submitted to the Director prior to or
together with any reports, information,
or applications to be signed by an
authorized representative.
d. Certification. Any person signing
documents under this section shall make
the following certification:
"I certify under penalty of law that
this document and all attachments were
prepared under my direction or
supervision in accordance with a system
designed to assure that qualified
personnel properly gathered and
evaluated the information submitted.
Based on my inquiry of the person or
persons who manage the system, or
those persons directly responsible for
gathering the information, the
information submitted is, to the best of
my knowledge and belief, true, accurate,
and complete. I am aware that there are
significant penalties for submitting false
information, including the possibility of
fine and imprisonment for knowing
violations."
H. Penalties for Falsification of Reports
Section 309(c)(4) of the Clean Water
Act provides that any person who
knowingly makes any false material
statement, representation, or
certification in any record or other
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41317
document submitted or required to be
maintained under this permit, including
reports of compliance or noncompliance
shall, upon conviction, be punished by a
fine of not more than $10,000, or by
imprisonment for not more than 2 years,
or by both.
/. Penalties for Falsification of
Monitoring Systems
The CWA provides that any person
who falsifies, tampers with, or
knowingly renders inaccurate any
monitoring device or method required to
be maintained under this permit shall,
upon conviction, be punished by fines
and imprisonment described in section
309 of the CWA.
/. OH and Hazardous Substances
Liability
Nothing in this permit shall be
construed to preclude the institution of
any legal action or relieve the permittee
from any responsibilities, liabilities, or
penalties to which the permittee is or
may be subject under section 311 of the
CWA or section 106 of the
Comprehensive Environmental
Response, Compensation and Liability
Act of 1980 (CERCLA).
K. Property Rights
The issuance of this permit does not
convey any property rights of any sort,
nor any exclusive privileges, nor does it
authorize any injury to private property
nor any invasion of personal rights, nor
any infringement of Federal, State or
local laws or regulations.
L, Severability
The provisions of this permit are
severable, and if any provision of this
permit, or the application of any
provision of this permit to any
circumstance, is held invalid, the
application of such provision to other
circumstances, and the remainder of this
permit shall not be affected thereby.
M. Requiring an Individual Permit or an
Alternative General Permit
\. The Director may require any
person authorized by this permit to
apply for and/or obtain either an
individual NPDES permit or an
alternative NPDES general permit. Any
interested person may petition the
Director to take action under this
paragraph. The Director may require
any owner or operator authorized to
discharge under this permit to apply for
an individual NPDES permit only if the
owner or operator has been notified in
writing that a permit application is
required. This notice shall include a
brief statement of the reasons for this
decision, an application form, a
statement setting a deadline for the
owner or operator to file the application,
and a statement that on the effective
date of issuance or denial of the
individual NPDES permit or the
alternative general permit as it applies
to the individual permittee, coverage
under this general permit shall
automatically terminate. Individual
permit applications shall be submitted
to the address of the appropriate
Regional Office shown in Part VI.D.l.d
(reporting: where to submit) of this
permit. The Director may grant
additional time to submit the application
upon request of the applicant. If an
owner or operator fails to submit in a
timely manner an individual NPDES
permit application as required by the
Director, then the applicability of this
permit to the individual NPDES
permittee is automatically terminated at
the end of the day specified for
application submittal.
2. Any owner or operator authorized
by this permit may request to be
excluded from the coverage of this
permit by applying for an individual
permit. The owner or operator shall
submit an individual application (Form 1
and Form 2F) with reasons supporting
the request to the Director. Individual
permit applications shall be submitted
to the address of the appropriate
Regional Office shown in Part VI.D.l.c.
of this permit. The request may be
granted by the issuance of any
individual permit or an alternative
general permit if the reasons cited by
the owner or operator are adequate to
support the request.
3. When an individual NPDES permit
is issued to an owner or operator
otherwise subject to this permit, or the
owner or operator is authorized for
coverage under an alternative NPDES
general permit, the applicability of this
permit to the individual NPDES
permittee is automatically terminated on
the effective date of the individual
permit or the date of authorization of
coverage under the alternative general
permit, whichever the case may be.
When an individual NPDES permit is
denied to an owner or operator
otherwise subject to this permit, or the
owner or operator is denied for coverage
under an alternative NPDES general
permit, the applicability of this permit to
the individual NPDES permittee is
automatically terminated on the date of
such denial, unless otherwise specified
by the Director.
N. State/Environmental Laws
1. Nothing in this permit shall be
construed to preclude the institution of
any legal action or relieve the permittee
from any responsibilities, liabilities, or
penalties established pursuant to any
applicable State law or regulation under
authority preserved by section 510 of the
Act.
2. No condition of this permit shall
release the permittee from any
responsibility or requirements under
other environmental statutes or
regulations.
O. Proper Operation and Maintenance
The permittee shall at all times
properly operate and maintain all
facilities and systems of treatment and
control (and related appurtenances)
which are installed or used by the
permittee to achieve compliance with
the conditions of this permit and with
the requirements of storm water
pollution prevention plans. Proper
operation and maintenance also
includes adequate laboratory controls
and appropriate quality assurance
procedures. Proper operation and
maintenance requires the operation of
backup or auxiliary facilities or similar
systems, installed by a permittee only
when necessary to achieve compliance
with the conditions of the permit.
P. Monitoring and Records
1. Samples and measurements taken
for the purpose of monitoring shall be
representative of the monitored activity.
2. The permittee shall retain records
of all monitoring information including
all calibration and maintenance records
and all original strip chart recordings for
continuous monitoring instrumentation,
copies of the reports required by this
permit, and records of all data used to
complete the application for this permit,
for a period of at least 6 years from the
date of the sample, measurement, report
or application. This period may be
extended by request of the Director at
any time.
3. Records contents.—Records of
monitoring information shall include:
a. The date, exact place, and time of
sampling or measurements;
b. The initials or name(s) of the
individual(s) who performed the
sampling or measurements;
c. The date(s) analyses were
performed;
d. The time(s) analyses were initiated;
e. The initials or name(s) of the
individuals] who performed the
analyses;
f. References and written procedures,
when available, for the analytical
techniques or methods used; and
g. The results of such analyses,
including the bench sheets, instrument
readouts, computer disks or tapes, etc.,
used to determine these results.
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4. Monitoring must be conducted
', according to test procedures approved
under 40 CFR Part 136, unless other test
procedures have been specified in this
permit.
Q. Inspection and En try
The permittee shall allow the Director
or an authorized representative of EPA,
the State, or, in the case of a facility
which discharges through a municipal
separate storm sewer, an authorized
representative of the municipal operator
or the separate storm sewer receiving
the discharge, upon the presentation of
credentials and other documents as may
be required by law, to:
1. Enter upon the permittee's premises
where a regulated facility or activity is
located or conducted or where records
must be kept under the conditions of this
permit;
2. Have access to and copy at
reasonable times, any records that must
be kept under the conditions of this
permit; and
3. Inspect at reasonable times any
facilities or equipment (including
monitoring and control equipment).
R. Permit Actions
This permit may be modified, revoked
and reissued, or terminated for cause.
The filing of a request by the permittee
for a permit modification, revocation
and reissuance, or termination, or a
notification of planned changes or
anticipated noncompliance does not
stay any permit condition.
S. Bypass of Treatment Facility
1. Notice:
a. Anticipated bypass. If a permittee
subject to the numeric effluent limitation
of Part V.A of this permit knows in
advance of the need for a bypass, he or
she shall submit prior notice, if possible,
at least ten days before the date of the
bypass; including an evaluation of the
anticipated quality and effect of the
pass.
b. Unanticipated bypass. The
permittee subject to the numeric effluent
limitation of Part V.A of this permit shall
submit notice of an unanticipated
bypass. Any information regarding the
unanticipated bypass shall be provided
orally within 24 hours from the time the
permittee became aware of the
circumstances. A written submission
shall also be provided within 5 days of
the time the permittee became aware of
the circumstances. The written
submission shall contain a description
of the bypass and its cause; the period
of the bypass; including exact dates and
times, and if the bypass has not been
corrected, the anticipated time it is
expected to continue; and steps taken or
planned to reduce, eliminate, and
prevent reoccurance of the bypass.
2. Prohibition of bypass:
a. Bypass is prohibited and the
Director may take enforcement action
against a permittee for a bypass. Unless:
(1) The bypass was unavoidable to
prevent loss of life, personal injury, or
severe property damage;
(2) There were no feasible alternatives
to the bypass, such as the use of
auxiliary facilities, retention of
untreated wastes, or maintenance
during normal periods of equipment
downtime. This condition is not satisfied
if the permittee should, in the exercise of
reasonable engineering judgment, have
installed adequate backup equipment to
prevent a bypass which occurred during
normal periods of equipment downtime
or preventive maintenance; and
(3) The permittee submitted notices of
the bypass.
b. The Director may approve an
anticipated bypass after considering its
adverse effects, if the Director
determines that it will meet the three
conditions listed in Part VII.S.2.a.
T. Upset Conditions
1. An upset constitutes an affirmative
defense to an action brought for
noncompliance with technology-based
numeric effluent limitations in Part V.A
of this permit if the requirements of
paragraph 2 below are met. No
determination made during
administrative review of claims that
noncompliance was caused by upset,
and before an action for noncompliance,
if final administrative action subject to
judicial review.
2. A permittee who wishes to
establish the affirmative defense of an
upset shall demonstrate, through
properly signed, contemporaneous
operating logs, or other relevant
evidence, that:
a. An upset occurred and that the
permittee can identify the specific
cause(s) of the upset:
b. The permitted facility was at the
time being properly operated; and
c. The permittee provided oral notice
of the upset to EPA within 24 hours from
the time the permittee became aware of
the circumstances. A written submission
shall also be provided within 5 days of
the time the permittee became aware of
the circumstances. The written
submission shall contain a description
of the upset and its cause; the period of
the upset; including exact dates and
times, and if the upset has not been
corrected, the anticipated time it is
expected to continue; and steps taken or
planned to reduce, eliminate, and
prevent reoccurrence of the upset.
3. In any enforcement proceeding the
permittee seeking to establish the
occurrence of an upset has the burden of
proof.
Part VIII. Reopener Clause
A. If there is evidence indicating
potential or realized impacts on water
quality due to any storm water
discharge associated with industrial
activity covered by this permit, the
owner or operator of such discharge
may be required to obtain individual
permit or an alternative general permit
in accordance with Part VII.M (requiring
an individual permit or alternative
general permit) of this permit or the
permit may be modified to include
different limitations and/or
requirements.
B. Permit modification or revocation
will be conducted according to 40 CFR
122.62,122.63,122.64 and 124.5.
Part IX. Termination of Coverage
A. Notice of Termination
Where all storm water discharges
associated with industrial activity that
are authorized by this permit are
eliminated, or where the operator of
storm water discharges associated with
industrial activity at a facility changes,
the operator of the facility may submit a
Notice of Termination that is signed in
accordance with Part VII.G (signatory
requirements) of this permit. The Notice
of Termination shall include the
following information:
1. Name, mailing address, and
location of the facility for which the
notification is submitted. Where a street
address for the site is not available, the
location of the approximate center of the
site must be described in terms of the
latitude and longitude to the nearest 15
seconds, or the section, township and
range to the nearest quarter section;
2. The name, address and telephone
number of the operator addressed by the
Notice of Termination;
3. The NPDES permit number for the
storm water discharge associated with
industrial activity identified by the
Notice of Termination;
4. An indication of whether the storm
water discharges associated with
industrial activity have been eliminated
or the operator of the discharges has
changed; and
5. The following certification signed in
accordance with Part VII.G (signatory
requirements) of this permit:
"I certify under penalty of law that all
storm water discharges associated with
industrial activity from the identified
facility that are authorized by a NPDES
general permit have been eliminated or
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41319
that I am no longer the operator of the
industrial activity. I understand that by
submitting this notice of termination,
that I am no longer authorized to
discharge storm water associated with
industrial activity under this general
permit, and that discharging pollutants
in storm water associated with
industrial activity to waters of the
United States is unlawful under the
Clean Water Act where the discharge is
not authorized by a NPDES permit. I
also understand that the submittal of
this notice of termination does not
release an operator from liability for any
violations of this permit or the Clean
Water Act."
B. Addresses
All Notices of Termination are to be
sent, using the form provided by the
Director (or a photocopy thereof],4 to
the Director of the NPDES program in
care of the following address: Storm
Water Notice of Termination, PO Box
1185, Newlngton, VA 22122.
Part X. Definitions
Best Management Practices ("BMPs")
moans schedules of activities,
prohibitions of practices, maintenance
procedures, and other management
practices to prevent or reduce the
pollution of waters of the United States.
BMPs also include treatment
requirements, operating procedures, and
practices to control facility site runoff,
spillage or leaks, sludge or waste
disposal, or drainage from raw material
storage.
Bypass means the intentional
diversion of waste streams from any
portion of a treatment facility.
Coal pile runoff means the rainfall
runoff from or through any coal storage
pile.
CWA means Clean Water Act
(formerly referred to as the Federal
Water Pollution Control Act or Federal
Water Pollution Control Act
Amendments of 1972).
Director means the Regional
Administrator or an authorized
representative.
Flow-weighted composite sample
means a composite sample consisting of
a mixture of aliquots collected at a
constant time interval, where the
volume of each aliquot is proportional to
the flow rate of the discharge.
Landfill means an area of land or an
excavation in which wastes are placed
for permanent disposal, and which is not
a land application unit, surface
impoundment, injection well, or waste
pile.
4 A copy of Iho approved NOT form is provided in
Appendix O of this notice.
Land application unit means an area
where wastes are applied onto or
incorporated into the soil surface
(excluding manure spreading
operations) for treatment or disposal.
Large and medium municipal separate
storm sewer system means all municipal
separate storm sewers that are either: (i)
located in an incorporated place (city)
with a population of 100,000 or more as
determined by the latest Decennial
Census by the Bureau of Census (these
cities are listed in Appendices F and G
of 40 CFR Part 122); or (ii) located in the
counties with unincorporated urbanized
populations of 100,000 or more, except
municipal separate storm sewers that
are located in the incorporated places,
townships or towns within such counties
(these counties are listed in Appendices
H and I of 40 CFR Part 122); or (iii)
owned or operated by a municipality
other than those described in paragraph
(i) or (ii) and that are designated by the
Director as part of the large or medium
municipal separate storm sewer system.
NOI means notice of intent to be
covered by this permit (see Part II of this
permit.)
NOT means notice of termination (see
Part II of this permit.)
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 discharges.
This term does not include return flows
from irrigated agriculture or agricultural
storm water runoff.
Section 313 water priority chemical
means a chemical or chemical
categories which: 1) Are listed at 40 CFR
372.65 pursuant to Section 313 of the
Emergency Planning and Community
Right-to-Know Act (EPCRA) (also
known as Title III of the Superfund
Amendments and Reauthorization Act
(SARA) of 1986); 2) are present at or
above threshold levels at a facility
subject to EPCRA Section 313 reporting
requirements; and 3) that meet at least
one of the following criteria: (i) Are
listed in Appendix D of 40 CFR 122 on
either Table II (organic priority
pollutants), Table III (certain metals,
cyanides, and phenols) or Table V
(certain toxic pollutants and hazardous
substances); (ii) are listed as a
hazardous substance pursuant to section
311(b)(2)(A) of the CWA at 40 CFR 116.4;
or (iii) are pollutants for which EPA has
published acute or chronic water quality
criteria. See Addendum B of this permit.
Significant materials includes, but is
not limited to: raw materials; fuels;
materials such as solvents, detergents,
and plastic pellets; finished materials
such as metallic products; raw materials
used in food processing or production;
hazardous substances designated under
section 101(14) of CERCLA; any
chemical the facility is required to report
pursuant to EPCRA Section 313;
fertilizers; pesticides; and waste
products such as ashes, slag and sludge
that have the potential to be released
with storm water discharges.
Significant spills includes, but is not
limited to: releases of oil or hazardous
substances in excess of reportable
quantities under section 311 of the Clean
Water Act (see 40 CFR 110.10 and CFR
117.21) or section 102 of CERCLA (see 40
CFR 302.4).
Storm water means storm water
runoff, snow melt runoff, and surface
runoff and drainage.
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:
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41320
Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
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
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)).5
5 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).
Time-weighted composite means a
composite sample consisting of a
mixture of equal volume aliquots
collected at a constant time interval.
Upset means an exceptional incident
in which there is unintentional and
temporary noncompliance with the
numeric effluent limitations of part V of
this permit because of factors beyond
the reasonable control of the permittee.
An upset does not include
noncompliance to the extent caused by
operational error, improperly designed
treatment facilities, inadequate
treatment facilities, lack of preventive
maintenance, or careless or improper
operation.
Waste pile means any
noncontainerized accumulation of solid,
nonflowing waste that is used for
treatment or storage.
Waters of the United States means:
(a) All waters which are currently
used, were used in the past, or may be
susceptible to use in interstate or foreign
commerce, including all waters which
are subject to the ebb and flow of the
tide;
(b) All interstate waters, including
interstate "wetlands";
(c) All other waters such as interstate
lakes, rivers, streams (including
intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie
potholes, wet meadows, playa lakes, or
natural ponds the use, degradation, or
destruction of which would affect or
could affect interstate or foreign
commerce including any such waters:
(1) Which are or could be used by
interstate or foreign travelers for
recreational or other purposes;
(2) From which fish or shellfish are or
could be taken and sold in interstate or
foreign commerce; or
(3) Which are used or could be used
for industrial purposes by industries in
interstate commerce;
(d) All impoundments of waters
otherwise defined as waters of the
United States under this definition;
(e) Tributaries of waters identified in
paragraphs (a) through (d) of this
definition;
(f) The territorial sea; and
(g) Wetlands adjacent to waters
(other than waters that are themselves
wetlands) identified in paragraphs (a)
through (f) of this definition.
Waste treatment systems, including
treatment ponds or lagoons designed to
meet the requirements of CWA are not
waters of the United States.
Part XI. State Specific Conditions
The provisions of this part provide
modifications or additions to the
applicable conditions of parts I through
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Federal Register / Vol. 57, No. 175 / Wednesday. September 9,1992 / Notices
41321
IX of this permit. Part X of this permit
docs not establish special provisions for
the States of Maine, New Hampshire,
South Dakota, Johnson Atoll, Midway,
Wake Island, New Mexico (Indian
lands), Montana (Indian lands), North
Dakota (Indian lands), Utah (Indian
lands), Wyoming (Indian lands).
/legion 1
A. Maine. Maine 401 certification
special permit conditions revise the
permit as follows:
1. Part I.A of the permit is revised to
read:
Part I. Coverage Under This Permit
A. Permit Area. This permit covers all
areas administered by EPA Region 1 in
the State of Maine.
« « « * *
2. The following section is added to
Part VI of the permit:
Part VI. Monitoring and Reporting
Requirements
* • * * *
c. Toxicity Testing.
* * * * *
3. The discharge described will not
lower the quality of the receiving waters
below the minimum requirements of
their classification and will satisfy the
appropriate requirements of Maine Law
provided that the test organisms include
coriodaphnia dubla and brook trout,
snlvelinus fontinalis, to meet the whole
effluent toxicity requirements for certain
storm water discharges associated with
industrial activity.
Region 6
B. Louisiana. Louisiana 401
certification special permit conditions
revise the permit as follows:
1. Part I.A of the permit is revised to
read:
Part I. Coverage Under This Permit
A. Permit Area. The permit covers all
areas administered by EPA Region 6 in
the State of Louisiana.
-* * * * *
2. Part IV of the permit is revised to
read:
Part IV. Storm Water Pollution
Prevention Plans
A storm water pollution prevention
plan shall be developed for each facility
covered by this permit. The pollution
prevention plan shall provide for
compliance with numeric effluent
limitations as part V.B. Storm water
pollution prevention plans shall be
prepared in accordance with good
engineering practices. The plan shall
identify potential sources of pollution
which may reasonably be expected to
affect the quality of storm water
discharges associated with industrial
activity from the facility. In addition, the
plan shall describe and ensure the
implementation of practices which are
to be used to reduce the pollutants in
storm water discharges associated with
industrial activity at the facility and to
assure compliance with the terms and
conditions of this permit. Facilities must
implement the provisions of the storm
water pollution prevention plan required
under this part as a condition of this
permit.
*****
3. The following section is added to
part V of the Permit:
Part V. Numeric Effluent Limitations
A. Coal Pile Runoff.
*****
B. Limitations For All Discharges of
Storm Water Associated With
Industrial Activity.
1) General Limitations: Effective 10/1/
95.
Parameter
Total Organic Carbon (TOG).
Oil & Grease
Daily maximum
50 mg/1
15 mg/1
2) Oil & Gas Exploration and
Production Facilities: Effective 10/1/92.
Parameter
Chemical Oxygen Demand
(COD).
Total Organic Carbon (TOG)
Oil & Grease
Chlorides
Daily maximum
100 mg/1
50 mg/1
15 mg/1
a) Maximum chloride concentration of
the discharge shall not exceed two times
the ambient concentration of the
receiving water in brackish marsh areas.
b) Maximum chloride concentration of
the discharge shall not exceed 500 mg/1
in freshwater or intermediate marsh
areas and upland areas.
Facilities without monitoring
requirements must insure the pollution
prevention plan developed in
accordance with part IV will insure
compliance with these effluent
limitations.
*****
4. Part VI.B.2 of the permit is revised
to read:
Part VI. Monitoring and Reporting
Requirements
*****
B. Monitoring Requirements.
*****
2. Semi-Annual Monitoring
Requirements.
*****
a. Section 313 of SARA Title III
Facilities. In addition to any monitoring
required by parts VI.B.2.b through f or
parts VI.B.S.a through d, facilities with
storm water discharges associated with
industrial activity that are subject to
requirements to report releases into the
environment under section 313 of
EPCRA for chemicals which are
classified as 'section 313 water priority
chemicals' are required to monitor storm
water that is discharged from the facility
that comes into contact with any
equipment, tank, container or other
vessel or area used for storage of a
section 313 water priority chemical, or
located at a truck or rail car loading or
unloading area where a section 313
water priority chemical is handled for:
Oil and Grease (mg/L); Total Organic
Carbon (TOG) (mg/1); Five Day
Biochemical Oxygen Demand (BODS)
(mg/L); Chemical Oxygen Demand
(COD) (mg/L); Total Suspended Solids
(mg/L); Total Kjeldahl Nitrogen (TKN)
(mg/L); Total Phosphorus (mg/L); pH;
acute whole effluent toxicity; and any
section 313 water priority chemical for
which the facility is subject to reporting
requirements under section 313 of the
Emergency Planning and Community
Right to Know Act of 1986.
b. Primary Metal Industries. Facilities
with storm water discharges associated
with industrial activity classified as
Standard Industrial Classification (SIC)
33 (Primary Metal Industry) are required
to monitor such storm water that is
discharged from the facility for: Oil and
Grease (mg/L); Total Organic Carbon
(TOG) (mg/1); Five Day Biochemical
Oxygen Demand (BODS) (mg/L);
Chemical Oxygen Demand (COD) (mg/
L); Total Suspended Solids (mg/L); pH;
Acute Whole Effluent Toxicity; Total
Lead (mg/L); Total Cadmium (mg/L);
Total Copper (mg/L); Total Arsenic (mg/
L); Total Chromium (mg/L); and any
pollutant limited in an effluent guideline
to which the facility is subject.
c. Land Disposal Units/Incinerators/
BIFs. Facilities with storm water
discharges associated with industrial
activity from any active or inactive
landfill, land application sites or open
dump without a stabilized final cover
that has received any industrial wastes
(other than wastes from a construction
site); and incinerators (including Boilers
and Industrial Furnaces (BIFs)) that burn
hazardous waste and operate under
interim status or a permit under Subtitle
C of RCRA, are required to monitor such
storm water that is discharged from the
facility for: Ammonia (mg/L),
-------
41322 Federal Register / Vol. 57. No. 175 / Wednesday. September 9, 1992 / Notices
Magnesium (total) (mg/L), Magnesium
(dissolved) (mg/L), Nitrate plus Nitrite
Nitrogen (mg/L), Chemical Oxygen
Demand (COD) (mg/L), Total Dissolved
Solids (TDS) (mg/L), Total Organic
Carbon (TOG) (mg/L), Oil and Grease
(mg/L), pH, Total Arsenic (mg/L), Total
Barium (mg/L), Total Cadmium (mg/L),
Total Chromium (mg/L), Total Cyanide
(mg/L), Total Lead (mg/L), Total
Mercury (mg/L), Total Selenium (mg/L),
Total Silver (mg/L), and Acute Whole
Effluent Toxicity.
d. Wood Treatment. Facilities with
storm water discharges associated with
industrial activity from areas that are
used for wood treatment, wood surface
application or storage of treated or
surface protected wood at any wood
preserving or wood surface facilities are
required to monitor such storm water
that is discharged from the facility for:
Oil and Grease (mg/L), Total Organic
Carbon (TOG) (mg/1); pH, Five Day
Biochemical Oxygen Demand (BODS)
(mg/L), Chemical Oxygen Demand
(COD) (mg/L), and Total Suspended
Solids (TSS) (mg/L). In addition,
facilities that use chlorophenolic
formulations shall measure
Pentachlorophenol (mg/L) and Acute
Whole Effluent Toxicity; facilities which
use creosote formulations shall measure
Acute Whole Effluent Toxicity; and
facilities that use chromium-arsenic
formulations shall measure Total
Arsenic (mg/L), Total Chromium (mg/L),
and Total Copper (mg/L).
e. Coal Pile Runoff. Facilities with
storm water discharges associated with
industrial activity from coal pile runoff
are required to monitor such storm
water that is discharged from the facility
for: Oil and Grease (mg/L); Total
Organic Carbon (TOG) (mg/1); pH; Total
Suspended Solids (TSS) (mg/L); Total
Copper (mg/1); Total Nickel (mg/1) and
Total Zinc (mg/1).
f. Battery Reclaimers. Facilities with
storm water discharges associated with
industrial activity from areas used for
storage of lead acid batteries,
reclamation products, or waste
products, and areas used for lead acid
battery reclamation (including material
handling activities) at facilities that
reclaim lead acid batteries are required
to monitor such storm water that is
discharged from the facility for: Oil and
Grease (mg/L); Total Organic Carbon
(TOG) (mg/1); Chemical Oxygen
Demand (COD) (mg/L); Total Suspended
Solids (TSS) (mg/L); pH; Total Copper
(mg/1); and Total Lead (mg/1).
5. Part VI.B.3 of the permit is revised
to read:
Part VI. Monitoring and Reporting
Requirements
*****
B. Monitoring Requirements.
*****
3. Annual Monitoring Requirements.
*****
a. Airports. At airports with over
50,000 flight operations per year,
facilities with storm water discharges
associated with industrial activity from
areas where aircraft or airport deicing
operations occur (including runways,
taxiways, ramps, and dedicated aircraft
deicing stations) are required to monitor
such storm water that is discharged
from the facility when deicing activities
are occurring for: Oil and Grease (mg/L);
Total Organic Carbon (TOG) (mg/1);
Five Day Biochemical Oxygen Demand
(BODS) (mg/L); Chemical Oxygen
Demand (COD) (mg/L); Total Suspended
Solids (TSS) (mg/L); pH; and the
primary ingredient used in the deicing
materials used at the site (e.g. ethylene
glycol, urea, etc.).
b. Coal-fired Steam Electric Facilities.
Facilities with storm water discharges
associated with industrial activity from
coal handling sites at coal fired steam
electric power generating facilities
(other than discharges in whole or in
part from coal piles subject to storm
water effluent guidelines at 40 CFR
423—which are not eligible for coverage
under this permit) are required to
monitor such storm water that is
discharged from the facility for: Oil and
Grease (mg/L), Total Organic Carbon
(TOG) (mg/1); pH, Total Suspended
Solids (TSS) (mg/L), Total Copper (mg/
1), Total Nickel (mg/1) and Total Zinc
(mg/1).
c. Animal Handling/Meat Packing.
Facilities with storm water discharges
associated with industrial activity from
animal handling areas, manure
management (or storage) areas, and
production waste management (or
storage) areas that are exposed to
precipitation at meat packing plants,
poultry packing plants, and facilities
that manufacture animal and marine
fats and oils, are required to monitor
such storm water that is discharged
from the facility for: Oil and Grease
(mg/1); Total Organic Carbon (TOG)
(mg/1); Five Day Biochemical Oxygen
Demand (BODS) (mg/L); Chemical
Oxygen Demand (COD) (mg/L); Total
Suspended Solids (TSS) (mg/L); Total
Kjeldahl Nitrogen (TKN) (mg/L); Total
Phosphorus (mg/L); pH; and Fecal
Coliform (counts per 100 ml).
d. Additional Facilities. Facilities with
storm water discharges associated with
industrial activity that:
(i) come in contact with storage piles
for solid chemicals used as raw
materials that are exposed to
precipitation at facilities classified as
SIC 30 (Rubber and Miscellaneous
Plastics Products) or SIC 28 (Chemicals
and Allied Products);
(ii) are from those areas at automobile
junkyards with any of the following: (A)
over 250 auto/truck bodies with
drivelines (engine, transmission, axles,
and wheels), 250 drivelines, or any
combination thereof (in whole or in
parts) are exposed to storm water; (B)
over 500 auto/truck units (bodies with or
without drivelines in whole or in parts)
are stored exposed to storm water; or
(C) over 100 units per year are
dismantled and drainage or storage of
automotive fluids occurs in areas
exposed to storm water;
(iii) come into contact with lime
storage piles that are exposed to storm
water at lime manufacturing facilities;
(iv) are from oil handling sites at oil
fired steam electricpower generating
facilities;
(v) are from cement manufacturing
facilities and cement kilns (other than
discharges in whole or in part from
material storage piles subject to storm
water effluent guidelines at 40 CFR
411—which are not eligible for coverage
under this permit);
(vi) are from ready-mixed concrete
facilities; or
(vii) are from ship building and
repairing facilities;
Are required to monitor such storm
water discharged from the facility for:
Oil and Grease (mg/L); Total Organic
Carbon (TOG) (mg/L); Chemical Oxygen
Demand (COD) (mg/L); Total Suspended
Solids (TSS) (mg/L); pH; and any
pollutant limited in an effluent guideline
to which the facility is subject.
*****
6. Part VLC of the permit is revised to
read:
Part VI. Monitoring and Reporting
Requirements
*****
c. Toxicity Testing. Permittees that
are required to monitor for acute whole
effluent toxicity shall initiate the series
of tests described below within 180 days
after the issuance of this permit or
within 90 days after the commencement
of a new discharge.
1. Test Procedures
*****
c. Tests shall be conducted
semiannually (twice per year) on a grab
sample of the discharge at 100 percent
strength (no dilution) and a control
consisting of synthetic dilution water.
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Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
41323
Results of all tests conducted with any
species shall be prepared according to
EPA/600/4-90-027 (Rev. September
1981), Section 12, Report Preparation,
and the report retained on-site. Results
of the testing shall be summarized on
Table VI-A and submitted to EPA with
the Discharge Monitoring Reports
(DMR's). On the DMR, the permittee
shall report results of the testing in
accordance with questions 1-4 of Table
VI-A.
Table VI-A (Sheet 1 of 2)
Permittee:
NPDES permit:
Outfall(8):
Daphniapulex Survival
Composite sample
coitactfid,,.,™,,,,,,,.,,..,,..
Tost iotllaUKJ
Time
Date
Dilution water used: Receiving
stream synthetic water.
Time
24 Kf.
Replicate
A ..........................
B „'"."" ""'
C^.
D,«
Percent effluent (%)
0
100
1. is the mean survival at 24 hours >50% in
(he 100% dilution?
Yes No
If you report a NO, enter a 1 on the DMR
Form, Parameter No. TEE3D. Otherwise,
enter a 0.
2. Is there a statistically significant
difference in survival at the 100% dilution as
compared to the control (0%)?
No Yes
If you report a YES, enter a 1 on the DMR
Form. Parameter No. TGE3D. Otherwise,
enter a 0.
Table Vl-A (Sheet 2 of 2)
Permitleet
NPDES permit:
Outfall(s):
Fathead minnow (Pimephales promelas)
Survival
Composite sample
eoltecttd.,,.,,,,,.,.,,..
Tims
Date
Test initiated
Time
Date
Dilution water used: Receiving
stream synthetic water.
Time
24 Hr.
Replicate
A
B
C
D
Mean
Percent effluent (%)
0
100
3. Is the mean survival at 24 hours >50% in
the 100% dilution?
Yes.
No_
If you report a NO, enter a 1 on the DMR
Form, Parameter No. TGE6C. Otherwise,
enter a 0.
4. Is there a statistically significant
difference in survival at the 100% dilution as
compared to the control (0%)?
Yes No
If you report a YES, enter a 1 on the DMR
Form, Parameter No. TEE6C. Otherwise,
enter a 0.
* * * * *
7. The following definitions are added to
Part X of the permit:
Part X. Definitions
Brackish Marshes—those areas that
are inundated or saturated by surface
water or groundwater of moderate
salinity at a frequency and duration
sufficient to support, and that under
normal circumstances do support,
emergent vegetation characterized by a
prevalence of species typically adapted
for life in these soil and contiguous
surface water conditions. Typical
vegetation includes wiregrass (Spartina
patens), three-cornered grass (Scirpus
olneyi), coco (Scirpus robustus), and
widgeongrass (Ruppia maritima).
Interstitial water salinity normally
ranges between 7 and 15 parts per
thousand. (LAC 33:IX.708)
Freshwater Swamps and Marshes—
those areas that are inundated or*
saturated by surface water or
groundwater of negligible to very low
salinity at a frequency and duration
sufficient to support, and that under
normal circumstances do support,
emergent vegetation characterized by a
prevalence of species typically adapted
for life in these soil and contiguous
surface water conditions. Typical
vegetation includes maiden cane
(Panicum hemitomon), Hydrocotyl sp,,
water hyacinth (Eichhornia crassipes),
pickerelweed (Pontederia cordata),
alligatorweed (Alternartthera
philoxeroides), and bulltongue
(Sagittaria sp.). Interstitial water
salinity is normally less than 2 parts per
thousand. (LAC 33:IX.708)
Intermediate Marshes—those areas
that are inundated or saturated by
surface water or groundwater of salinity
at a frequency and duration sufficient to
support, and that under normal
circumstances do support, emergent
vegetation characterized by a
prevalence of species typically adapted
for life in these soil and contiguous
surface water conditions. Typical
vegetation includes wiregrass (Spartina
patens), deer pea (Vigna repens),
bulltongue (Sagittaria sp.), wild millet
(Echinochloa walteri), bullwhip (Scirpus
californicus), and sawgrass (Cladium
jamaicense). Interstitial water salinity
normally ranges between 3 and 6 parts
per thousand. (LAC 33:IX.708)
Saline Marshes—those wetland areas
that are inundated or saturated by
surface water or groundwater of salinity
characteristic of near Gulf of Mexico
ambient water at a frequency and
duration sufficient to support, and that
under normal circumstances do support,
emergent vegetation characterized by a
prevalence of species typically adapted
for life in these soil and contiguous
surface water conditions. Typical
vegetation includes oystergrass
(Spartina alterniflora), glasswort
(Salicornia sp.), black rush (funcus
roemericanus), Batis maritima, black
mangrove (Avicennia nitida), and
saltgrass (Distichlis spicata). Interstitial
water salinity normally exceeds 16 parts
per thousand. (LAC 33:IX.708)
Upland—any land area that is not
normally inundated with water and that
would not, under normal circumstances,
be characterized as swamp or fresh,
intermediate, brackish, or saline marsh.
The term shall have both a regional and
site-specific connotation; for example,
naturally occurring and man-made
topographic highs that are partially or
totally surrounded by swamp, marsh, or
open water will be considered upland
on a local basis, but will not necessitate
characterization of the surrounding area
as upland. The land and water bottoms
of all parishes north of the nine parishes
contiguous with the Gulf of Mexico shall
be determined on a case-by-case basis
with reference to the presences of a
regional expanse of emergent aquatic
vegetation or open water. (LAC
33:IX.708)
C. New Mexico. New Mexico 401
certification special permit conditions
revise the permit as follows:
-------
-federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
1. Part LA. of the permit is revised to
read:
Part I. Coverage Under this Permit
A. Permit Area. The permit covers all
areas administered by EPA Region 6 in
the State of New Mexico,
*****
2. Part VLB of the permit is revised to
read:
Part VI. Monitoring and Reporting
Requirements
*****
B. Monitoring Requirements.
*****
2. Semi-Annual Monitoring
Requirements. During the period
beginning on the effective date and
lasting through the expiration date of
this permit, permittees with facilities
identified in parts VI.B.2.a through f.
must monitor those storm water
discharges identified below at least
semi-annually (2 times per year) except
as provided in VI.B.6 (sampling waiver],
VI.B.7 (representative discharge), and
VI.C.l (toxicity testing]. Permittees with
facilities identified in parts VI.B.2.a
through f (below) must report in
accordance with part VI.D (reporting:
where to submit). In addition to the
parameters listed below, the permittee
shall provide the date and duration (in
hours) of the storm event(s) sampled;
rainfall measurements or estimates (in
inches) of the storm event which
generated the sampled runoff; the
duration between the storm event
sampled and the end of the previous
measurable (greater than 0.1 inch
rainfall) storm event; and an estimate of
the total volume (in gallons) of the
discharge sampled;
*****
3. Annual Monitoring Requirements.
During the period beginning on the
effective date and lasting through the
expiration date of this permit,
permittees with facilities identified in
parts VI.B.S.a through d. (below) must
monitor those storm water discharges
identified below at least annually (1
time per year) except as provided in
VI.B.6 (sampling waiver), and VI.B.7
(representative discharge). Permittees
with facilities identified in parts VI.B.S.a
through d. (below) are not required to
submit monitoring results. However,
such permittees must retain monitoring
results in accordance with part VI.E
(retention of records). In addition to the
parameters listed below, the permittee
shall provide the date and duration (in
hours) of the storm event(s) sampled;
rainfall measurements or estimates (in
inches) of the storm event which
generated the sampled runoff; the
duration between the storm event
sampled and the end of the previous
measurable (greater than 0.1 inch
rainfall) storm event; and an estimate of
the total volume (in gallons) of the
discharge sampled.
*****
4. Discharges to Domestic Water
Supplies.
a. During the period beginning on the
effective date and lasting through the
expiration date of this permit,
permittees with facilities discharging
into waters of the State of New Mexico
designated by the latest design of Water
Quality Standards for Interstate and
Intrastate Streams in New Mexico for
use as a domestic water supply (See
Appendix * * *) must monitor those
storm water discharges into the
domestic water supply waterbody at
least annually (once per year) except as
provided in VI.B.6 (sampling waiver),
and VI.B.7 (representative discharge).
These monitoring requirements for the
parameters listed below are in addition
to any monitoring required under parts
VI.B.2 (semi-annual monitoring) or part
VI.B.3 (annual monitoring requirements).
Monitoring results must be reported in
accordance with part VI.D. (reporting:
where to submit). In addition to the
parameters listed below, the permittee
shall provide the date and duration (in
hours) of the storm event(s) sampled;
rainfall measurements or estimates (in
inches) of the storm event which
generated the sampled runoff; the
duration between the storm event
sampled and the end of the previous
measurable (greater than 0.1 inch
rainfall) storm event; and an estimate of
the total volume (in gallons) of the
discharge sampled;
Parameter
Dissolved arsenic
Dissolved barium
Dissolved cadmium
Dissolved chromium
Dissolved lead
Total mercury
Dissolved nitrate (as N)
Dissolved selenium
Dissolved silver
Dissolved cyanide
Dissolved uranium
Radium-226 + radium-228
Reportable
quantity action
level
0 05 mg/1
1 0 mg/1
0010 mg/1
0 05 mg/1
0 05 mg/1
0 002 mg/1
100 mg/1
0 05 mg/1
0 05 mg/1
0 2 mg/1
5 0 mg/1
30 0 pCi/1
b. If the concentration of any sample
exceeds a Reportable Quantity Action
Level listed above, the permittee shall,
within 24 hours of receipt of the
sampling data, submit the results of the
sample analysis to the State at the
address specified in part VI.D.2.b
(additional notification: where to
submit). Dischargers occurring on Indian
Nations shall submit the required report
directly to EPA Region 6 at the address
specified in part VI.D., with a copy
provided to the Governing Body of the
Indian Nation.
5. Sample Type. For discharges from
holding ponds or other impoundments
with a retention period greater than 24
hours, (estimated by dividing the volume
of the detention pond by the estimated
volume of water discharged during the
24 hours previous to the time that the
sample is collected) a minimum of one
grab sample may be taken. For all other
discharges, data shall be reported for
both a grab sample and a composite
sample. All such samples shall be
collected from the discharge resulting
from a storm event that is greater than
0.1 inches in magnitude and that occurs
at least 150 hours from the previously
measurable (greater than 0.1 inch
rainfall) storm event. There shall be a
minimum of 60 days between sampled
events for facilities required to monitor
semi-annually (twice per year). The grab
sample shall be taken during the first
thirty minutes of the discharge. If the
collection of a grab sample during the
first thirty minutes is impracticable, a
grab sample can be taken during the
first hour of the discharge, and the
discharger shall submit with the
monitoring report a description of why a
grab sample during the first thirty
minutes was impracticable. The
composite sample shall either be flow-
weighted or time-weighted. Composite
samples may be taken with a continuous
sampler or as a combination of a
minimum of three sample aliquots taken
in each hour of discharge for the entire
discharge or for the first three hours of
the discharge, with each aliquot being
separated by a minimum period of
fifteen minutes. Only grab samples must
be collected and analyzed for the
determination of pH, cyanide, whole
effluent toxicity, and oil and grease.
*****
6. Sampling Waiver
*****
7. Representative Discharge
*****
8. Alternative Certification
*****
9. Alternative to WET Parameter
*****
3. Part VI.C of the permit is revised to
read:
Part VI. Monitoring and Reporting
Requirements
*****
C. Toxicity Testing. Permittees that
are required to monitor for acute whole
effluent toxicity shall initiate the series
-------
Federal Register / Vol. 57, No. 175 / Wednesday.September9,1992/Notices
41325
of tests described below within 180 days
after the issuance of this permit or
within 90 days after the commencement
of a new discharge.
1. Test Procedures
# * *• * *
C. Tests shall be conducted
semiannually (twice per year) on a grab
sample of the discharge at 100 percent
strength (no dilution) and a control
consisting of synthetic dilution water.
Results of all tests conducted with any
species shall be prepared according to
EPA/600/4-90-027 (Rev. September
1991). Section 12, Report Preparation,
and the report retained on-site. Results
of the testing shall be summarized on
Table VI-A and submitted to EPA with
the Discharge Monitoring Reports
(DMR's). On the DMR, the permittee
shall report results of the testing in
accordance with questions 1-4 of Table
Vl-A.
Permittee:
NPDBS Permit:
Oulfall(s):
Daphniapulex Survival
Composite saropla
coBaeled,,..,,.,...,..,
Tost initJatad.,
Time
.......„..„„„.,.
Date
Dilution water used: Receiving
stream, , Synthetic water.
Tim«
24 Hr
Ropficate
A ..
B.....
C
o™l
Moan
Percent effluent (%)
0
100
1. Is the mean survival at 24 hours >SO% in
the 100% dilution?
Yes.
No.
If you report a NO, enter a 1 on the DMR
Form, Parameter No. TGE3D. Otherwise,
enter a 0.
2. Is there a statistically significant
difference in survival at the 100% dilution as
compared to the control (0%)?
Yes No
If you report a YES, enter a 1 on the DMR
Form, Parameter No. TEE3D. Otherwise,
enter a 0.
Permittee:
NPDES Permit: -
Outfall(s):
Fathead Minnow (Pimephales promelas]
Survival
Composite sample
Time
Date
Dilution water used: Receiving
stream Synthetic water.
Time
24 hr
Replicate
0
A
B
C
D
Mean
Percent
100
3. Is the mean survival at 24 hours >50% in
the 100% dilution?
Yes.
No_
If you report a NO, enter a 1 on the DMR
Form, Parameter No. TGE6C.'Otherwise,
enter a 0.
4. Is there a statistically significant
difference in survival at the 100% dilution as
compared to the control (0%)?
Yes No
If you report a YES, enter a 1 on the DMR
Form, Parameter No. TEE6C. Otherwise,
enter a 0.
4. Part VI.D.l.e of the permit is revised
to read:
Part VI. Monitoring and Reporting
Requirements
D. Reporting: Where to Submit.
1.
* * * * *
e. Permittees with facilities identified
only in Part VI.B.3 (annual monitoring)
or VI.B.4 (discharges to domestic water
supplies), are not required to submit
monitoring results, unless required in
writing by the Director or by the
provisions of Part VI.B.4.b. (discharges
to domestic water supplies: 24 hour
reporting).
*****
5. Part VI.D.2.b of the permit is revised
to read:
Part VI. Monitoring and Reporting
Requirements
D. Reporting: Where to Submit.
*****
2. Additional Notification.
*****
b. Facilities located in the following
States shall provide copies of discharge
monitoring reports required under Parts
VI.D.l.a, VLD.l.b, and VI.D.l.e,
individual permit applications and all
other reports required herein, to the
Director of the appropriate State Agency
at the address listed below:
New Mexico
Program Manager, New Mexico
Environment Department, Surface
Water Quality Bureau, Surface Water
Section, 1190 St. Francis Drive, P.O.
Box 26110, Santa Fe, New Mexico,
87502
APPENDIX * * *.—NEW MEXICO RIVER SEGMENTS DESIGNATED FOR USE AS A DOMESTIC WATER SUPPLY
No.
Description
2-106..
2-107.
2-112™...
2-116,
2-118,...,
2-120.«..
2-209...,..,
2-212..,
Th« Jemez River and all its tributaries above State Highway 4 near the town of Jemez Springs and the Guadalupe River and all its
tributaries.
Perennial reaches of Bluewater Creek, Rio Moquino, Seboyeta Creek, Rio Paguate, the Rio Puerco within the Santa Fe National Forest,
and all other perennial reaches of tributaries to the Rio Puerco including the Rio San Jose in Cibola County from the USGS gaging
station at Correo upstream to Horace Springs.
The perennial reaches of Rio Vallecitos and its tributaries, and Rio del Oso, and El Rito Creek above the town of El Rito.
AH perennial reaches of tributaries to the Rio Chama above Abiquiu Reservoir except the Rio Gallina and Rio Puerco se Chama north of
State Highway 96 and the main stem of the Rio Chama from the headwaters of El Vado Reservoir upstream to the New Mexico-
Colorado line.
Perennial tributaries to the Rio Grande in Bandelier National Monument and their headwaters in Sandoval County, all perennial reaches of
tributaries to the Rio Grande in Santa Fe County unless included in other segments.
,„ The Red River upstream of the mouth of Placer Creek, all tributaries to the Red River, and all other perennial reaches of tributaries to the
Rio Grande in Taos and Rio Arriba counties unless included in other segments.
Eagla Creek above the Alto Reservoir, Bonito Creek upstream of Angus, and the Rio Ruidoso and its tributaries above Seeping Springs
I Lakes.
,.i The Gallinas River and all its tributaries above the diversion for the Las Vegas municipal reservoir and perennial reaches of Tecolote Creek
' and its perennial tributaries.
-------
41326 Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
APPENDIX * * *.— NEW MEXICO RIVER SEGMENTS DESIGNATED FOR USE AS A DOMESTIC WATER SUPPLY— Continued
No.
2-214
2-306
2-503
2-603
2-802
2-804
2-805
Description
Cow Creek and all its tributaries and the main stem of the Pecos Rover from one river mile below the bridge on State Highway 223
upstream to its headwaters, including all tributaries thereto.
The Mora River and its tributaries above Mora, all tributaries to the Mora River upstream from State Highway 518, Coyote Creek, the
Cimarron River above State Highway 21 in Cimarron, all tributaries to the Cimarron River, Rayado Creek above Miami Lake Diversion,
Ocate Creek and its tributaries upstream of Ocate, and all other tributaries to the Canadian River northwest and north of U.S. Highway
64 in Colfax County unless included in other segments.
The main stem of Gila River from Gila Hot Springs upstream to the headwaters and all perennial tributaries to the Gila River at or above
the town of Cliff.
All perennial reaches of tributaries to the San Francisco River at or above the town of Glenwood.
Perennial reaches of Three Rivers.
The Mimbres River upstream of the USGS gaging station at Mimbres and all perennial tributaries thereto.
Perennial reaches of the Sacramento River (Sacramento-Salt Flat Closed Basin) and all perennial tributaries thereto.
D. Oklahoma. Oklahoma 401
certification special permit conditions
revise the permit as follows:
1. Part LA of the permit is revised to
read:
Part I. Coverage under this Permit
A. Permit Area. The permit covers all
areas administered by EPA Region 6 hi
the State of Oklahoma.
2. The following section is added to
Part I.B.3 of the permit:
B. Eligibility.
*****
3. Limitations on Coverage. The
following storm water discharges
associated with industrial activity are
not authorized by this permit:
*****
h. "new" point source discharges of
storm water associated with industrial
activity (those commencing after the
June 25,1992, effective date of the
Oklahoma Water Quality Standards-
Oklahoma Annotated Code Title 785,
Chapter 45) to the following waters:
(i) waterbodies designated as
"Outstanding Resource Waters" and/or
"Scenic Rivers" in Appendix A of the
Oklahoma Water Quality Standards;
(ii) Oklahoma waterbodies located
within the watersheds of waterbodies
designated as "Scenic Rivers" in
Appendix A of the Oklahoma Water
Quality Standards; and
(iii} waterbodies located within the
boundaries of Oklahoma Water Quality
Standards Appendix B areas which are
specifically designated as "Outstanding
Resource Waters" in Appendix A of the
Oklahoma Water Quality Standards.
*****
3. Part VLC.l.c of the permit is revised
to read:
Part VI. Monitoring and Reporting
Requirements
*****
c. Toxicity Testing.
* * * * *
1. Test Procedures
c. Tests shall be conducted
semiannually (twice per year) on a grab
sample of the discharge at 100 percent
strength (no dilution) and a control
consisting of synthetic dilution water.
Results of all tests conducted with any
species shall be prepared according to
EPA/600/4-90-027 (Rev. September
1991), Section 12, Report Preparation,
and the report retained on-site. Results
of the testing shall be summarized on
Table VI-A and submitted to EPA with
the Discharge Monitoring Reports
(DMR's). On the DMR, the permittee
shall report results of the testing in
accordance with questions 1-4 of Table
VI-A.
Table VI-A (Sheet 1 of 2)
Permittee:
NPDES Permit:
Outfall(s):
Daphnia puJex Survival
Composite Sample
Collected
Test Initiated
Time
Date
Dilution Water Used: Receiving
Stream Synthetic Water.
Time
24 Hr.
Replicate
A
B
C
D
Mean
Percent Effluent (%)
0
100
1. Is the mean survival at 24 hours
>50% in the 100% dilution?
Yes No
If you report a NO, enter a 1 on the
DMR Form, Parameter No. TGE3D.
Otherwise, enter a 0.
2. Is there a statistically significant
difference in survival at the 100%
dilution as compared to the control (0%)?
Yes No
Yes. No .
If you report a YES, enter a 1 on the
DMR Form, Parameter No. TEE3D.
Otherwise, enter a 0.
Table VI-A (Sheet 2 of 2]
Permittee:
NPDES Permit:
Outfall(s):
Fathead Minnow [Pimephales promeJas)
Survival
Composite Sample
Collected
Test Initiated
Time
Date
Dilution Water Used: Receiving
Stream Synthetic Water
Time
24 Hr.
Replicate
A
B
C
D
Mean
Percent Effluent (%)
0
100
3. Is the mean survival at 24 hours
>50% in the 100% dilution?
Yes.
.No.
If you report a NO, enter a I on the
DMR Form, Parameter No. TGE6C.
Otherwise, enter a 0.
4. Is there a statistically significant
difference in survival at the 100%
dilution as compared to the control (0%)?
Yes No #
If you report a YES, enter a 1 on the
DMR Form, Parameter No. TEE6C.
Otherwise, enter a o.
4. The following section is added to
Part VIII of the permit:
Part VIII. Reopener Clause
*****
C. This permit may be reopened and
modified if the State of Oklahoma
-------
Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
41327
adopts now or revises existing water
quality requirements regarding the
discharge of storm water.
E, Texas. Texas 401 certification
special permit conditions revise the
permit as follows:
1. Part LA of the permit is revised to
read:
Part I. Coverage Under This Permit
* * * * *
A. Permit Area. This permit covers all
areas administered by EPA Region 6 in
the State of Texas.
* * * * *
2. The following sections are added to
Part V of the permit:
Part V. Numeric Effluent limitations
B. All Discharges to Inland Waters
The maximum allowable
concentrations of each of the hazardous
metals, stated in terms of milligrams per
liter (mg/1). for discharges to inland
waters are as follows:
Tout molal
Af sonic ,...._,........
Dmkim „„..„„...„„
Ci'Jmkxn. ............
Ctxsxniuai.,,. „....,.
Copper..™..
Lead «„,...„,,„.,„„
Mangano so .........
Motcury ..,„,.,....,.,
Nfckol,.. ,
So'ooium ...........
Stfvoc.... ................
Zinc,,..™!™,!'.!,""
Monthly
average
0.1
1.0
0.05
0,5
0.5
0.5
1.0
0.005
1.0
0.05
0.05
1.0
Dally
compos-
ite
0.2
2.0
0.1
1.0
1.0
1.0
2.0
0.005
2.0
0.1
0.1
2.0
Single
grab
0.3
4.0
0.2
5.0
2.0
1.5
3.0
0.01
3.0
0.2
0.2
6.0
C. All Discharges to Tidal Waters
The maximum allowable
concentrations of each of the hazardous
metals, stated in terms of milligrams per
liter (mg/1), for discharges to tidal
waters are as follows:
Total metal
Arsenic..
Siuktni »*. <«M~..*.*..
Cadmium .............
Ctvomkjm,.,
Coppoc..., .............
Load
Manganoso
Mof ctxy ...............
Nickel „.„„.„.„„.
Sclookim. .,.,.. ......
S«vw. „„.......
2kwM. „
Monthly
average
0.1
1.0
0.1
0.5
0.5
0.5
1.0
0.005
1.0
0.1
0.05
1.0
Daily
compos-
ite
0.2
2.0
0.2
1.0
1.0
1.0
2.0
0.005
2.0
0.2
0.1
2.0
Single
grab
0.3
4.0
0.3
5.0
2.0
1.5
3.0
0.01
3.0
0.3
0.2
6.0
3. Part VI.B.Z.d of the permit is revised
to read:
Part VI. Monitoring and Reporting
Requirements
B. Monitoring Requirements
2. Semi-Annual Monitoring
Requirements
*****
d. Wood Treatment. Facilities with
storm water discharges associated with
industrial activity from areas that are
used for wood treatment, wood surface
application or storage of treated or
surface protected wood at any wood
preserving or wood surface facilities are
required to monitor such storm water
that is discharged from the facility for:
oil and grease (mg/L), pH, BOD5 (mg/L),
COD (mg/L), and TSS (mg/L). In
addition, facilities that use
chlorophenolic formulations shall
measure pentachlorophenol (mg/L) and
acute whole effluent toxicity; facilities
which use creosote formulations shall
measure acute whole effluent toxicity;
and facilities that use chromium-arsenic
formulations shall measure acute whole
effluent toxicity, total arsenic (mg/L),
total chromium (mg/L), and total copper
(mg/L).
4. Parts VI.C and VI.C.l of the permit
are revised to read:
Part VI. Monitoring and Reporting
Requirements
*****
C. Toxicity Testing. Permittees that
are required to monitor for acute whole
effluent toxicity shall initiate the series
of tests described below within 180 days
after the issuance of this permit or
within 90 days after the commencement
of a new discharge.
The permittee shall test the effluent
for lethality in accordance with the
provisions of this section. Such testing
will determine if an effluent sample
meets the Texas Surface Water Quality
Standard listed at 31 TAG
§ 307.6(e)(2)(B) of greater than 50%
survival of the appropriate test
organisms in 100% effluent for a 24-hour
period.
1. Test Procedures
a. The permittee shall conduct acute
24 hour static toxicity tests on both an
appropriate invertebrate and an
appropriate fish (vertebrate) test species
(EPA/600/4-90-027 Rev. 9/91, Section
6.1.). Freshwater species must be used
for discharges to freshwater water
bodies. Due to the non-saline nature of
rainwater, freshwater test species
should also be used for discharges to
estuarine, marine or other naturally
saline waterbodies.
The following tests shall be used:
1. Acute static 24-hour definitive
toxicity test using Daphnia pulex. A
minimum of four (4) replicates with a
minimum of five (5) organisms per
replicate shall be used for this test.
2. Acute static 24-hour definitive
toxicity test using fathead minnow
[Pimephales promelas). A minimum of
four (4) replicates with a minimum of ten
(10) organisms per replicate shall be
used for this test.
b. Five dilutions in addition to an
appropriate control (0% effluent), shall
be used in the toxicity tests. These
effluent concentrations shall be 6%, 13%,
25%, 50% and 100%. The control and/or
dilution water shall consist of a
standard, synthetic, moderately hard,
reconstituted water. If more than 10% of
the test organisms in any control die,
that test, including the control and all
effluent dilution(s), shall be repeated,
with all results from both tests reported
as per paragraph d. of this section.
c. All test organisms, procedures and
quality assurance criteria used shall be
in accordance with Methods far-
Measuring the Acute Toxicity of
Effluents and Receiving Waters to
Freshwater and Marine Organisms,
EPA/600/4-90-027 (Rev. September
1991). EPA has proposed to establish
regulations regarding these test methods
(December 4,1989, 53 FR 50216).
d. Tests shall be conducted
semiannually (twice per year) on a grab
sample of the discharge at 100% strength
(no dilution), the dilutions specified in
paragraph b. above, and a control
consisting of either receiving water or
synthetic dilution water. Results of all
tests conducted with any species shall
be reported according to EPA/600/4-90-
027 (Rev. September 1991), Section 12,
Report Preparation, and the report
retained onsite. The test results shall be
summarized in the format used on Table
VI-A and submitted to EPA with the
Discharge Monitoring Reports (DMR's).
On the DMR, the permittee shall report
test results in accordance with the
instructions on Table VI-A.
*****
Table VI-A (Sheet 1 of 2)
Permittee:
NPDES Permit:
Outfall(s):
Daphnia pulex Survival
Composite Sample
Collected
Test Initiated
Time
Date
Dilution Water Used: Receiving
Stream Synthetic Water.
-------
41328
Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
Time
24 Hr.
Replicate
A
B
C
D
Mean.
Percent Effluent (%)
0
100
50
25
13
6
1. Is the mean survival at 24 hours
>50% in the 100% dilution?
Yes No
If you report a NO, enter a 1 on the
DMR Form, Parameter No. TGE3D.
Otherwise, enter a 0.
Z. Is there a statistically significant
difference in survival at the 100%
dilution as compared to the control (0%)?
No_
If you report a YES, enter a 1 on the
DMR Form, Parameter No. TEE3D.
Otherwise, enter a 0.
Table VI-A (Sheet 2 of 2)
Permittee:
NPDES Permit:
Outfall(s):
Fathead Minnow (Pimephales promelas]
Survival
Composite Sample
Collected
Test Initiated
Time
Date
Dilution Water Used: Receiving
Stream Synthetic Water.
Time
24 Hr.
Replicate
A
B
C
D
Mean
Percent Effluent (%)
0
100
50
25
13
6
3. Is the mean .survival at 24 hours
>50% in the 100% dilution?
If you report a NO, enter a 1 on the
DMR Form, Parameter No. TGE6C.
Otherwise, enter a 0.
4. Is there a statistically signficant
difference in survival at the 100%
dilution as compared to the control (0%)?
Yes No
If you report a YES, enter a 1 on the
DRM Form, Parameter No. TEE6C.
Otherwise, enter a 0.
5. The following definitions are added
to Part X of the permit:
Fait X. Definitions
"Inland Waters"— all surface waters
in the State other than "tidal waters" as
defined below.
"Tidal Waters"—those waters of the
Gulf of Mexico within the jurisdiction of
the State of Texas, bays and estuaries
thereto, and those portions of the river
systems which are subject to the ebb
and flow of the tides, and to the
intrusion of marine waters.
Region 8
F. Colorado (Federal facilities and
Indian lands). There are no special
conditions pursuant to Colorado 401
certification in this permit for storm
water discharges associated with
industrial activity located on Indian
lands in Colorado. Colorado 401
certification special permit conditions
for storm water discharges associated
with industrial activity from Federal
facilities is revised as follows:
1. Part LA of the permit is revised to
read:
Part I. Coverage Under this Permit
A. Permit Area. The permit covers all
Federal Facilities administered by EPA
Region 8 in the State of Colorado.
2. Part III.A.2.b of the permit is revised
to read:
Part III. Special Conditions
A. Prohibition on non-storm water
discharges
Z.
b. The following non-storm water
discharges may be authorized by this
permit provided the non-storm water
component of the discharge is in
compliance with paragraph IV.D.S.g. (2)
(measures and controls for non-storm
water discharges): discharges from fire
fighting activities; fire hydrant flushings;
potable water sources including
waterline flushings; irrigation drainage;
lawn watering; routine external building
washdown which does not use
detergents or other compounds;
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 that has not been
contaminated by industrial activity and
no chemicals have been added to it;
naturally occurring springs which have
not been altered by the industrial
activity; uncontaminated ground water;
and foundation or footing drains where
flows are not contaminated with process
materials such as solvents.
3. Part III.B.c of the permit is revised
to read:
Part III. Special Conditions
B. Releases in excess ofReportable
Quantities
*****
c. The permittee shall submit within
14 calendar days of knowledge of the
release a written description of: the
release (including the type and estimate
of the amount of material released), the
date that such release occurred, the
circumstances leading to the release,
and steps to be taken in accordance
with paragraph III.B.l.b (above) of this
permit to the appropriate EPA Regional
Office at the address provided in Part
VI.D.l.d (reporting: where to submit) of
this permit and to the Colorado Water
Quality Control Division at the following
address: Colorado Department of
Health, Water Quality Control Division,
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Federal Register / Vol. 57, No. 175 / Wednesday. September 9, 1992_/JNotices,_
41329
4300 Cherry Creek Drive South, Denver,
Colorado, 80222-1530. Attention: Permits
and Enforcement.
* * * * *
4. Part 1V.B.2 of the permit is revised
to read:
Part IV. Storm Water Pollution
Prevention Plans
B. Signature and Plan Review
* « * « *
2. The permittee shall make plans
available upon request to the Director,
or authorized representative, or in the
case of a storm water discharge
associated with industrial activity which
discharges through a municipal separate
storm sewer system, to the operator of
the municipal system. Federal Facilities
located on non-Indian lands in Colorado
shall make plans available upon request
to the Colorado Water Quality Control
Division.
5. Part VIII of the permit is revised to
read:
Part VIII, Reopener Clause
A. If there is evidence indicating
potential or realized impacts on water
quality due to any storm water
discharge associated with industrial
activity covered by this permit, the
owner or operator of such discharge
may be required to obtain individual
permit or an alternative general permit
in accordance with Part Vn.M (requiring
an individual permit or alternative
general permit) of this permit or the
permit may be modified to include
different limitations and/or
requirements. If EPA develops new
regulations which specifically impact
storm water permit requirements or
there is a change in statute which
imposes additional requirements, this
permit may be reopened and modified
(following administrative procedures) to
Include the appropriate requirements.
Region 9
G. Arizona, Arizona 401 certification
special permit conditions revise the
permit as follows:
1. Part LA of the permit is revised to
read:
Part I. Coverage Under This Permit
A. Permit Area, The permit covers all
areas administered by EPA Region 9 in
the State of Arizona, excluding all
Indian lands.
* * * * *
2. The following section is added to
Part II of the permit:
Part II. Notice of Intent Requirements
*****,
F. Special NOI Requirements for the
State of Arizona. NOIs shall also be
submitted to the State of Arizona
Department of Environmental Quality at
the following address: Storm Water
Coordinator, Arizona Department of
Environmental Quality, P.O. Box 600,
Phoenix, Arizona, 85001-0600.
NOIs submitted to the State of
Arizona shall include the well
registration number if storm water
associated with industrial activity is
discharged to a dry well or an injection
well.
* * * * *
3. The following section is added to
Part HI of the permit:
Part III. Special Conditions
* * * * *
C. Compliance with Water Quality
Standards of the State of Arizona.
Discharges authorized by this permit
shall not cause or contribute to a
violation of any applicable water quality
standard of the State of Arizona (A.G.
Rule No. R92-006).
* * * * *
4. Part IV.D.7.b.(l).(b) of the permit is
revised to read as follows:
Part IV. Storm Water Pollution
Prevention Plans
D. Contents of Plan
* * * * *
7. Additional requirements for storm
water discharges associated with
industrial activity from facilities subject
to EPCRA Section 313 requirements.
b.
(1) Liquid storage areas where storm
water comes into contact with any
equipment, tank, container, or other
vessel used for Section 313 water
priority chemicals.
* * * * *
(b) Liquid storage areas for Section
313 water priority chemicals shall be
operated to minimize discharges of
Section 313 chemicals. Appropriate
measures to minimize discharges of
Section 313 chemicals shall include
secondary containment provided for at
least the entire contents of the largest
single tank plus sufficient freeboard to
allow for the 25-year, 24-hour
precipitation event, a strong spill
contingency and integrity testing plan,
and/or other equivalent measures.
5. The following section is added to
Part IX of the permit:
Part IX. Termination of Coverage
*****
C. Special NOT Requirement for the
State of Arizona. NOTs shall also be
submitted to the State of Arizona
Department of Environmental Quality at
the following address: Storm Water
Coordinator, Arizona Department of
Environmental Quality, P.O. Box 600,
Phoenix, Arizona 85001-0600.
*****
6. The following definition is added to
Part X of the permit:
Part X. Definitions
"Significant sources of non-storm
water" includes, but is not limited to:
discharges which could cause or
contribute to violations or water quality
standards of the State of Arizona, and
discharges which could include releases
of oil or hazardous substances in excess
of reportable quantities under section
311 of the Clean Water Act (see 40 CFR
110.10 and CFR 117.21) or section 102 of
CERCLA (see 40 CFR 302.4).
*****
Region 10
H. Alaska. Alaska 401 certification
special permit conditions revise the
permit as follows:
1. Part LA of the permit is revised to
read:
Part I. Coverage Under This Permit
A. Permit Area. The permit covers all
areas administered by EPA Region 10 in
the State of Alaska, except Federal
Indian reservations.
*****
2. Part II.C of the permit is revised to
read:
Part II. Notice of Intent Requirements
*****
C. Where to Submit.
1. Facilities which discharge storm
water associated with industrial activity
must use a NOI form provided by the
Director (or photocopy thereof). The
form in the Federal Register notice in
which this permit was published may be
photocopied and used. Forms are also
available by calling (703) 821-4823. NOIs
must be signed in accordance with Part
VII.G (signatory requirements) of this
permit. NOIs are to be submitted to the
Director of the NPDES program in care
of the following address: Storm Water
Notice of Intent, PO Box 1215,
Newington, VA, 22122.
2. A copy of initial Notice of Intent
(NOI), any NOI for the continuation of
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4133Q
Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
the general permit, and any Notice of
Termination shall be submitted to the
appropriate State regional office,
attention Storm Water Coordinator, as
follows:
Alaska Department of Environmental
Conservation, Northern Regional
Office, 1001 Noble Street, Suite 350,
Fairbanks, Alaska 99701, (907) 452-
1714. Fax: 451-2187.
Alaska Department of Environmental
Conservation, Southeastern Regional
Office, 410 W. Willoughby, Suite 105,
Juneau, Alaska 99801, (907) 465-5350.
Fax: 465-5362.
Alaska Department of Environmental
Conservation, Southcentral Regional
Office, 3601 "C" Street, Suite 1334,
Anchorage, Alaska 99503, (907) 563-
6529. Fax: 562-4026.
Alaska Department of Environmental
Conservation, Pipeline Corridor
Regional Office, 411 W. 4th Ave., Suite
2C, Anchorage, Alaska, 99502, (907)
278-8594, Fax: 272-0690.
3. With the NOI to the State, a brief
description of the activities to be
covered shall be submitted. This shall
be on a single sheet and shall describe
the area to be disturbed to the nearest
acre, the primary pollutants expected
from the activities and the type of
treatment to be provided.
*****
3. Part IILB.l.c is revised to read as
follows:
Part III. Special Conditions
B. Releases in excess ofReportable
Quantities
1.
*****
c. The permittee shall submit within
14 calendar days of knowledge of the
release a written description of: the
release (including the type and estimate
of the amount of material released), the
date that such release occurred, the
circumstances leading to the release,
and steps to be taken in accordance
with paragraph III.B.l.b (above) of this
permit to the appropriate EPA Regional
Office at the address provided in Part
VLD.l.d (reporting: where to submit) of
this permit and to the appropriate State
regional office at the address provided
in Part II.C.
*****
4. Part IV.D of the permit is revised as
follows:
Part IV. Storm Water Pollution
Prevention Plans
D. Contents of Plan
Note: A copy of the Inventory of Exposed
Materials (IV.D.2.b) and Spills and Leaks
(IV.D.2.0) from the Pollution Prevention Plan
shall be submitted by the plan preparation
date stated in Part IV.A to the appropriate
State Regional office.
*****
5. The following section is added to
Part VI.D.2 of the permit:
Part VI. Monitoring and Reporting
Requirements
D. Reporting: Where to Submit
2. Additional Notification
*****
b. Facilities located in Alaska shall
provide copies of the discharge
monitoring reports required under Parts
VLD.l.a, VLD.l.b, and VI.D.l.c,
individual permit applications and all
other reports required herein, to the
Director of the appropriate State Agency
at the addresses listed below:
Alaska Department of Environmental
Conservation, Northern Regional
Office, 1001 Noble Street, suite 350,
Fairbanks, Alaska 99701, (907) 452-
1714. Fax: 451-2187.
Alaska Department of Environmental
Conservation, Southeastern Regional
Office, 410 W. Willoughby, suite 105,
Juneau, Alaska 99801, (907) 465-5350.
Fax: 465-5362.
Alaska Department of Environmental
Conservation, Southcentral Regional
Office, 3601 "C" Street, suite 1334,
Anchorage, Alaska 99503, (907) 563-
6529. Fax: 562-4026.
Alaska Department of Environmental
Conservation, Pipeline Corridor
Regional Office, 411 W. 4th Ave., suite
2C, Anchorage, Alaska 99502, (907)
278-8594. Fax: 272-0690.
*****
/. Idaho.
Idaho 401 certification special permit
conditions revise the permit as follows:
1. Part LA of the permit is revised as
follows:
Part I. Coverage Under This Permit
A. Permit Area
The permit covers all areas
administered by EPA Region 10 in the
State of Idaho.
*****
2. The following section is added to
Part III of the permit:
Part III. Special Conditions
*****
C. All storm water shall be treated
and disposed of in such a manner that
the round water standards of Idaho are
not violated. Such standards are
specified in Section 1.02299 of the
"Idaho Water Quality Standards and
Wastewater Treatment Requirements."
*****
J. Washington (Federal facilities and
Indian lands). Washington 401
certification special permit conditions
revise the permit as follows:
1. Part I.A of the permit is revised to
read:
Part I. Coverage Under This Permit
A. Permit Area. The permit covers all
Federal Facilities administered by EPA
Region 10 in the State of Washington.
2. The following section is added to
Part III of the permit:
Part III. Special Conditions
C. Washington State Standards
1. This permit does not authorize the
violation of ground water standards
(Chapter 173-200 WAG), surface water
standards (Chapter 173-201 WAG), or
sediment management standards
(Chapter 173-204 WAG) of the State of
Washington. The point of compliance
with surface water standards shall be
determined after consideration of the
assignment of a dilution zone as allowed
under Chapter 173-201 WAG. The point
of compliance with ground water
standards shall be determined by
applying the provisions of Chapter 173-
200 WAG. The point of compliance with
sediment management standards shall
be determined in accordance with
Chapter 173-204 WAG.
2. Diversion of storm water discharges
to ground water from existing
discharges to surface water shall not be
authorized by this permit if this causes a
violation or the potential for violation of
ground water standards (Chapter 173-
200 WAG). Such discharges below the
surface of the ground are also regulated
by the Underground Injection Control
Program (Chapter 173-218 WAG).
3. Washington Department of Ecology
(WDOE) is currently developing a
"Storm Water Pollution Prevention
Plan" which will require facilities to
assess the potential of their storm water
discharges to violate the Washington
State surface water, ground water, or
sediment management standards. Those
discharges with a high potential to
violate standards will be required to
develop and implement a monitoring
program.
Upon issuance of the "Storm Water
Pollution Prevention Plan" by WDOE,
EPA may reopen this permit to require
facilities to assess their storm water
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Federal Register / Vol. 57, No. 175 / Wednesday, September 9.1992 / Notices
41331
discharges and to require additional
monitoring.
Addendum A
Pollutants identified in Tables II and III of
Appendix D of 40 CFR122.
Addendum A
Table II—Organic Toxic Pollutants in
Each of Four Fractions in Analysis by
Gas Chromalography/Mass Spectros-
copy (GS/MS)
Volatiles
ncrolcin
scrylonilrile
benzene
bromoform
carbon tetrachloride
chlotobenzene
chlorodtbromomethane
chloroclhanc
2-chloroelhylvinyl ether
chloroform
dlchlorobromomethane
1,1-dichloroethane
1,2-dlchlorocthane
1,1-dichIoroathylcne
1.2-dichloropropane
1,3'dlchloropropylene
olhylbcnzene
methyl bromide
methyl chloride
methylene chloride
1,1,2,2-tetrachloroethane
telrachloroethylene
toluene
1,2-trans-dichloroethylene
1,1,1-lrichloroethane
1,1,2-lrichloroethane
trichloroethylene
vinyl chloride
Acid Compounds
2-chlorophenol
2,4-dIchIorophenol
2,4-dImethylphenol
4,0-dInilro-o-cresol
2,4-dInitrophenol
2-nitrophcnol
4-nitrophcnol
p-chloro-m-cresol
pcntachlorophenol
phenol
Table II—Organic Toxic Pollutants in
Each of Four Fractions in Analysis by
Gas Chromatography/Mass Spectros-
copy (GS/MS)—Continued
2,4,6- trichlorophenol
Base/Neutral
acenaphthene
acenaphthylene
anthracene
benzidine
benzo(a]anthracene
benzo(a)pyrene
3,4-benzofluoranthene
benzo(ghi)perylene
benzo(k}fluoranthene
bis(2-chloroethoxy]methane
bis(2-chloroethyl)ether
bis(2-chloroisopropyl)ether
bis(2-ethylhexyl)phthalate
4-bromophenyl phenyl ether
butylbenzyl phthalate
2-chloronaphthalene
4-chlorophenyl phenyl ether
chrysene
dibenzo(a,h)anthracene
1,2-dichlorobenzene
1,3-dichlorobenzene
1,4-dichlorobenzene
3,3'-dichlorobenzidine
diethyl phthalate
dimethyl phthalate
dl-n-butyl phthalate
2,4-dinitrotoluene
2,6-dinitro toluene
di-n-octyl phthalate
1,2-diphenylhydrazine (as azobenzene)
fluroranthene
fluorene
hexachlorobenzene
hexachlorobutadiene
hexachlorocyclopentadiene
hexachloroethane
indeno(l,2,3-cd)pyrene
isophorone
napthalene
nitrobenzene
N-nitrosodimethylamine
N-nitrosodi-n-propylamine
N-nitrosodiphenylamine
phenanthrene
pyrene
1,2,4-trichlorobenzene
Table II—Organic Toxic Pollutants in
Each of Four Fractions in Analysis by
Gas Chromatography/Mass Spectros-
copy (GS/MS)—Continued
Pesticides
aldrin
alpha-BHC
beta-BHC
gamma-BHC
delta-BHC
chlordane
4,4'-DDT
4,4'-DDE
4,4'-DDD
dieldrin
alpha-endosulfan
beta-endosulfan
endosulfan sulfate
endrin
endrin aldehyde
heptaohlor
heptachlor epoxide
PCB-1242
PCB-1254
PCB-1221
PCB-1232
PCB-1248
PCB-1260
PCB-1016
toxaphene
Addendum A
Table III—Other Toxic Pollutants
(Metals and Cyanide) and Total Phenols
Antimony, Total
Arsenic, Total
Beryllium, Total
Cadmium, Total
Chromium, Total
Copper, Total
Lead, Total
Mercury, Total
Nickel, Total
Selenium, Total
Silver, Total
Thallium, Total
Zinc, Total
Cyanide, Total
Phenols, Total
ADDENDUM B—SECTION 313 WATER PRIORITY CHEMICALS.
CAS number
76-07-0
75805
107-02-8
107-13-1
309-00-2
107-05-1
7423-90-5
7684-41-7
02-53-3
120-12-7
7440-38-0
7647189
28300745
Common name
Acetaldehyde
Acrolein
Acrylonitrile
Aldrin [l*4:5,8-Dimethanonaphthalene 1 2 3 4 10 10-hexachloro-l 4 4a 5 8 8a-hexahydro-(l. alpha., 4.alpha.,4a.beta.,
5.alpha.,8.alpha.,8a.beta.)-]
Allyl Chloride '
Aluminum [fume or dust)
Ammonia
Aniline
Anthracene
Antimony
Antimony pentachloride
Antimonv ootassium tartrate
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41332
Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
ADDENDUM B—SECTION 313 WATER PRIORITY CHEMICALS.—Continued
CAS number
Common name
7789619 Antimony tribromide
10025919 Antimony trichloride
7783564 Antimony trifluoride
1309644 Antimony trioxide
7440-38-2 Arsenic
1303328 Arsenic disulfide
1303282 Arsenic pentoxide
7784341 Arsenic trichloride
1327533 Arsenic trioxide
1303339 Arsenic trisulfide
1332-21-4 Asbestos (friable)
542621 Barium cyanide
71-43-2 Benzene
92-87-5 Benzidine
100470 Benzonitrile
98-88-4 Benzoyl chloride
100-44-7 Benzyl chloride
7440-41-7 Beryllium
7787475 Beryllium chloride
7787497 Beryllium fluoride
7787555 Beryllium nitrate
111-44-4 Bis(2-chloroethyl) ether
75-25-2 Bromoform
74-83-9 Bromomethane (Methyl bromide)
85-68-7 Butyl benzyl phthalate
7440-43-9 Cadmium
543908 Cadmium acetate
7789426 Cadmium bromide
10108642 Cadmium chloride
7778441 Calcium arsenate
52740166 Calcium arsenite
13765190 Calcium chromate
592018 Calcium cyanide
133-06-2 Captan tlH-Isoindole-l,3(2H)-dione,3a,4,7,7a-tetrahydro-2-[(trichloromethyl)thio]-]
63-25-2 Carbaryl [1-Naphthalenol, methylcarbamatel
75-15-0 Carbon disulfide
56-23-5 Carbon tetrachloride
57-74-9 Chlordane (4,7-Methanoindan,l,2,4,5,6,7,8,8- octachloro-2,3,3a,4,7,7a-hexahydro-l
7782-50-5 Chlorine
59-50-7 Chloro-4-methyl-3-phenol p-Chloro-m-cresol
108-90-7 Chlorobenzene
75-00-3 Chloroethane (Ethyl chloride)
67-66-3 Chloroform
74-87-3 Chloromethane (Methyl chloride)
95-57-8 2-Chlorophenol
106-48-9 4-Chlorophenol
1066304 Chromic acetate
11115745 Chromic acid
10101538 Chromic sulfate
7440-47-3 Chromium
1308-14-1 Chromium (Tri)
10049055 Chromous chloride
7789437 Cobaltous bromide
544183 Cobaltous formate
14017415 Cobaltous sulfamate
7440-50-8 Copper
108-39-4 m-Cresol
9548-7 o-Cresol
106H14-5 p-Cresol
1319-77-3 Cresol (mixed isomers)
142712 Cupric acetate
12002038 Cupric acetoarsenite
7447394 Cupric chloride
3251238 Cupric nitrate
5893663 Cupric oxalate ;
7758987 Cupric sulfate
10380297 Cupric sulfate, ammoniated
815827 Cupric tartrate
57-12-5 Cyanide
506774 Cyanogen chloride
110-82-7 Cyclohexane
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Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
41333
ADDENDUM B—SECTION 313 WATER PRIORITY CHEMICALS.—Continued
CAS number
Common name
04-75-7. 2,4-D [Acetic acid, [2,4-dichlorophenoxy)-]
106-93-4 1,2-Dibromoethane (Ethylene dibromide)
04-74-2.. Dibulyl phthalate
25321-22-6 Dichlorobenzene (mixed isomers)
95-50-1 1,2-Dichlorobenzene
541-73-1 1,3-Dichlorobenzene
108-40-7 1,4-Dichlorobenzene
81-04-1 3,3'-Dichlorobenzidine
75-27-4 Dichlorobromomethane
107-00-2 1,2-Dichloroethane (Ethylene dichloride)
540-59-0..... 1,2-Dichloroethylene
120-03-2 2,4-Dichlorophenol
78-07-5 1,2-Dichloropropane
542-75-0 1,3-Dichloropropylene
62-73-7 Dichlorvos [Phosphoric acid, 2,2-dichloroethenyl dimethyl ester]
115-32-2 Dicofol [Benzenemethanol, 4-chloro-.alpha.-(4-chlorophenyl)-.alpha.-(trichloromethyl)-]
177-01-7.... Di-(2-ethylhexyl phthalate (DEHP)
04-00-2 Diethyl phthalate
105-07-9 2,4-Dimethylphenol
131-11-3 Dimethyl phthalate
534-52-1 4,0-Dinitro-o-cresol
51-28-5 2,4-Dinitrophenol
121-14-2 2.4-Dinitrotoluene
000-20-2 2,0-Dinitrotoluene
H7-84-0 n-Dioclyl phthalate
122-00-7 1,2-Diphenylhydrazine (Hydrazobenzene)
100-89-8 Epichlorohydrin
100-41-4 Ethylbenzene
106934 Ethylene dibromide
50-00-0 Formaldehyde
76-44-8 Heptachlor [l,4,5,6,7,8,8-Heptachloro-3a,4,7,7a-tetrahydro-4,7-methano-lH-indene]
118-74-1 „ Hexachlorobenzene
87-08-3 Hexachloro-l,3-butadiene
77-47-4 , Hexachlorocyclopentadiene
07-72-1 Hexachloroethane
7047-01-0 Hydrochloric acid
74-90-8 Hydrogen cyanide
7604-39-3 Hydrogen fluoride
7439-92-1 Lead
301042 Lead acetate
7784409 Lead arsenate
7845252 Do.
10102484 Do.
7758954 Lead chloride
13814905 Lead fluoborate
7783402 Lead fluoride
10101030.. Lead iodide
10099748 Lead nitrate
7428480 Lead stearate
1072351 Do.
52652592 Do.
7440142 Lead sulfate
1314870 Lead sulfide
592870.., Lead thiocyanate
58-89-9 Lindane [Cyclohexane, l,2,3,4,5,6-hexachloro-(l.alpha.,3.beta.,4.alpha.,5.alpha.,6.beta.)-]
14307358. Lithium chromate
100-31-0 Maleic anhydride
592041 Mercuric cyanide
10045940 Mercuric nitrate
7783359 Mercuric sulfate
592858 Mercuric thiocyanate
7782807 Mercurous nitrate
7439-97-0 Mercury
72-43-5 Methoxychlor [Benzene, l,l'-(2,2,2-trichloroethylidene)bis[4-methoxy-]
00-02-0 Methyl methacrylate
91-20-3 Naphthalene
7440-02-0 Nickel
15099180 Nickel ammonium sulfate
37211055 Nickel chloride
7718549 Do.
12054487 Nickel hydroxide
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41334
Federal Register / Vol. 57, No. 175 / Wednesday, September 9,1992 / Notices
ADDENDUM B—SECTION 313 WATER PRIORITY CHEMICALS.—Continued
CAS number
Common name
14216752 Nickel nitrate
7786814 Nickel sulfate
7697-37-2 Nitric acid
98-95-3 Nitrobenzene
88-75-5 2-Nitrophenol
100-02-7 4-Nitrophenol
62-75-9 AT-Nitrosodimethylamine
86-30-6 N-Nitrosodiphenylamine
621-64-7 Af-Nitrosodi-/j-propylamme
56-38-2 Parathion [Phosphorothioic acid, O,O-diethyl-O-(4-nitrophenyl) ester]
87-86-5 Pentachlorophenol (PCP)
108-95-2 Phenol
75-44-5 Phosgene
7664-38-2 Phosphoric acid
7723-14-0 Phosphorus (yellow or white)
1336-36-3 Polychlorinated biphenyls (PCBs)
7784410 Potassium arsenate
10124502 Potassium arsenite
7778509 Potassium bichromate
7789006 Potassium chromate
151508 Potassium cyanide
75-56-9 Propylene oxide
91-22-5 Quinoline
7782-49-2 Selenium
7446084 Selenium oxide
7440-22-4 Silver
7761888 Silver nitrate
7631892 Sodium arsenate
7784465 Sodium arsenite
10588019 Sodium bichromate
7775113 Sodium chromate
143339 Sodium cyanide
10102188 Sodium selenite
7782823 Do.
7789062 Strontium chromate
100-42-5 Styrene
7664-93-9 Sulfuric acid
79-34-5 1,1,2,2-Tetrachloroethane
127-18-4 Tetrachloroethylene (Perchloroethylene)
935-95-5 2,3,5,6-Tetrachlorophenol
78002 Tetraethyl lead
7440-28-0 Thallium
10031591 Thallium sulfate
108-88-3 Toluene
8001-35-2 Toxaphene
52-68-6 Trichlorfon [Phosphonic acid, (2,2,2-trichloro-l-hydroxyethyl)-dimethylester]
120-28-1 1,2,4-Trichlorobenzene
71-55-6 1,1,1-Trichloroethane (Methyl chloroform)
79-00-5 1,1,2-Trichloroethane
79-01-6 Trichloroethylene
95-95-4 2,4,5-Trichlorophenol
88-06-2 2,4,6-Trichlorophenol
7440-62-2 Vanadium (fume or dust)
108-05-4 Vinyl acetate
75-01-4 Vinyl chloride
75-35-4 Vinylidene chloride
108-38-3 m-Xylene
95-47-6 o-Xylene
106-42-3 p-Xylene
1330-20-7 Xylene (mixed isomers)
7440-66-6 Zinc (fume or dust)
557346 Zinc acetate
14639975 Zinc ammonium chloride
14639986 Do.
52628258 Do.
1332076 Zinc borate
7699458 Zinc bromide
3486359 Zinc carbonate
7646857 Zinc chloride
557211 Zinc cyanide
7783495 Zinc fluoride
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Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
41335
CAS number
557415 .«
7779864
7779880
127822
1314847
16871719
7733020
ADDENDUM B— SECTION
Zinc formate
Zinc hydrosulfite
Zinc nitrate
Zinc phenolsulfonate
Zinc phosphide
Zinc silicofluoride
Zinc sulfate
313 WATER PRIORITY CHEMICALS.— Continued
Common name
Addendum C
Largo and Medium Municipal Separate Storm
Sewer Systems
BILLING CODE 6KO-50-M
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41336
Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
Addendum C
State
Large and Medium Municipalities Located in the Non-Delegated States
(Including Colorado, Delaware and Washington because they do not have
Federal Facility permitting authority)
AK
Anchorage
AZ
Mesa
Phoenix
Pima County
Tempe
Tucson
FL
Apopka
Atlantis
Bal Harbor Village
Bay Harbour Island
Bay Lake
Belle Glade
Belle Isle
Belleair
Belleair Beach
Belleair Bluffs
Belleair Shore
Biscayne Park
Boca Raton
Boynton Beach
Briny Breezes
Broward County
Century
Clearwater
Cloud Lake
Coconut Creek
Cooper City
Coral Gables
Coral Springs
Dade County
Dania
Davie
Deerfield Beach
Delray Beach
Duvall
Eatonville
Edgewood
El Portal
Escambia County
Florida City
Ft. Lauderdale
Glen Ridge
Golden Beach
Golf Village
Golfview
Greenacres City
Gulf Stream
Hacienda Village
Hallandale
Haverville
Hialeah
Hialeah Gardens
Highland Beach
Hillsboro Beach
Hillsborough County
Hollywood
Homestead
Hypoluxo
Indian Creek Village
Islandia
Jacksonville
Juno Beach
Jupiter
Lake Buena Vista
Lake Clark Shores
Lake Park
Lake Worth
Lantana
Lauderdale-by-the-Sea
Lauderdale Lakes
Lauderhill
Lazy Lake Village
Lighthouse Point
Maitland
Mangonia Park
Margate
Medley
Miami
Miami Beach
Miami Shores
Miami Springs
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Federal Register / Vol. 57, No. 175 / Wednesday, September 9,1992 / Notices
41337
Addendum C
State
FL
(Cone.)
ID
LA
MA
ME
NH
NM
OK
Large and Medium
Municipalities Located in
the Non-Delegated States
(Including Colorado, Delaware and Washington because they do not have
"Federal Facility permitting authority)
MIramar
North Bay
North Miami
North Miami Beach
North Lauderdale
Oakland
Oakland Park
Ocean Ridge
Ocoee
Opa-Locka
Orange County
Orlando
Pahokee
Palm Beach
Palm Beach Gardens
Palm Beach Shores
Palm Springs
Parkland
Pembroke Park
Pembroke Pines
Pennsuco
Pensacola
Pinellas
Plantation
Plant City
Polk
Pompano Beach
Riviera Beach
Royal Palm Beach
Sarasota
Sea Ranch Lakes
South Bay
South Miami
South Palm Beach
Sunrise
Surf side
Sweetwater
Tamarac
Tampa
Temple Terrace
Tequesta Village
Virginia Gardens
Walton Manor
West Miami
West Palm Beach
Windermere
Winter Gardens
Winter Park
Boise City
Baton Rouge
Jefferson County
New Orleans
Shreveport
Boston
Lowell
Springfield
Worcester
Albuquerque
Oklahoma City
Tulsa
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41338
Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
Addendum C
State
Large and Medium Municipalities Located in the Non-Delegated States
(Including Colorado, Delaware and Washington because they do not have
' '••• Federal Facility permitting authority)
SD
TX
Abilene
Amarillo
Arlington
Austin
Beaumont
Corpus Christi
Dallas
El Paso
Fort Worth
Garland
Harris County
Houston
Irving
Laredo
Lubbock
Mesquite
Pasadena
Piano
San Antonio
Waco
CO
Aurora
Colorado Springs
Denver
Lakewood
Pueblo
DE
New Castle County
WA
King County
Pierce County
Seattle
Snohomish County
Spokane
Tacoma
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Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
41339
APPENDIX C—Notice of Intent and Instructions
SM Reverse for Instructions
Form Approved. OMB NO. BMO-OOM
Approval »ip)r»«!
NPOES
FORM
&EPA
United States Environmental Protection Agency
Washington, DC 20460
Notice of Intent (NOI) for Storm Water Discharges Associated with Industrial
Activity Under the NPDES General Permit
Submission of this Notice of Intent constitutes notice ttiat the party Identified In Section I of this form intends to be authorized by a NPDES permit issued for storm
watsr discharges associated with Industrial activity In the State Identified In Section II of this form. Becoming a permittee obligates such discharger to comply with
*x> torn* andconditfoos of the permit ALL NECESSARY INFORMATION MUST BE PROVIDED ON THIS FORM.
I. Fadiy Operator Information
Nans:
• • i t i i i I Phone: I i i I
i i I i i i
AdcVeSS* lllllltlttllltttlltttlltl'll'l'l
City:
I i i i i i i i i i i i i i i i i i i i i i I state: I i I ZIP Code: |_
. Status of
J Owner/Operator;
:D
II. Fadty/Sita Location Information
I
Is the Facility Located on I I
Indian Lands? (Y or N) | |
Name:
Address:
dry, I i i i i i i t i i i i i i i i i i i i i i i I State: I i I zip Code: I i i i i i ' t i i i I
i: I i I i I i I Longitude: I i i I i I i I Quarter: I . I Section: I i I Township: I i i . I Range: I ' ' ' I
III, Sfta Activity Information
MS* Operator Nans:
RocoMog Wear Body:
I
If You ant Filing as a Co-pormlEoe,
Enter Storm Water General Permit Number:
Are There Existing
Quantitative Data? (YorN)
Is the Facility Required to Submit
Monitoring Data? (1, 2, or 3)
SIC or Designated , , i
Activity Code: Primary: I . . , I 2nd: L
J 3rd: L
i i i I 4th:
If This Fadltty- b a Member of a Group ,
Application, Enter Group Application Number: I—i—i—1_
II You Have Other Existing NPDES
Permits, Enter Pormit Numbers:
IV, Additional Information Required for Construction Activities Only
Pioject
Stan Data:
Completion
Date:
Is the Storm Water Pollution Prevention Plan , ,
Estimated Area to be , , In Compliance with State and/or Local
I i i i t i csumaiea Area D DB i i in uompnance wim aiaia ana/or uoca
i I t I I ' I ' I ' I Disturbed (in Acres): I i ' i i ' I Sediment and Erosion Plans? (Y or N)
V. Certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a
system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who
manage te system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belef, true,
accurate, and complete. I am aware that there are significant penalties for submitting false information, Including the possibility of fine ana imprisonment for
knowing violations.
Print Name:
Date:
1,1.1.
Signature:
EPA Form S5ir>«O82)
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41340
Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 I Notices
Infractions • EPA Form 3510-6
Nolle* Of InMnt (NOI) For Storm Water Discharge* Associated WHh Industrial Activity
To Be Covered Under The NPOES General PermH
Who Must File A Nolle* Of Intent (NOI) Form
Federal law at 40 CFR Part 122 prohibits point source discharges of storm water
associated with industrial activity to a water body(ies) of the U.S. without a National
Pollutant Discharge Elimination System (NPOES) permit. The operator of an industrial
activity that has such a storm water discharge must submit a NOI to obtain coverage
under the NPOES Storm Water General Permit. If you have questions about whether
you need a permit under the NPDES Storm Water program, or if you need information
as to whether a particular program Is administered by EPA or a state agency, contact
the Storm Water Hotline at (703) 821-4823.
When To Fll* NOI Form
NOIs must be sent to the following address:
Storm Water Notice of Intent
PO Box 1215
Newington, VA 22122
Completing The Form
You must type or print using upper-case letters, in the appropriate areas only. Please
place each character between the marks. Abbreviate if necessary to stay within the
number of characters allowed for each item. Use one space for breaks between words,
but not for punctuation marks unless they are needed to clarify your response. If you
have any questions on this form, call the Storm Water Hotline at (703) 821-4823.
Section I Facility Operator Information
Give the legal name of the person, firm, public organization, or any other entity that
operates the facility or site described in this application. The name of the operator may
or may not be the same as the name of the facility. The responsible party is the legal
entity that controls the facility's operation, rather than the plant or site manager. Do not
use a colloquial name. Enter the complete address and telephone number of the
operator.
Enter the appropriate letter to indicate the legal status of the operator of the facility.
F - Federal
S - Slate
M - Public (other man federal or state)
P. Private
Section II FaclHty/SHe Location Information
Enter the facility's or site's official or legal name and complete street address, including
city, state, and ZIP code. If the facility or site lacks a street address, indicate the state.
the latitude and longitude of Ihe facility to the nearest 15 seconds, or the quarter.
section, township, and range (to Ihe nearest quarter section) of the approximate center
of the site.
Indicate whether the facility is located on Indian lands.
Section III SK* Activity Information
H Ihe storm water discharges to a municipal separate storm sewer system (MS4), enter
Ihe neme of the operator of the MS4 (e.g., municipality name, county name) and the
receiving water of the discharge from the MS4. (A MS4 is defined as a conveyance
or system of conveyances (including roads with drainage systems, municipal streets,
catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is
owned or operated by a state, city, town, borough, county, parish, district, association,
or other public body which is designed or used for -^fleeting or conveying storm water.)
If the facility discharges storm water directly to receiving water(s), enter the name of the
receiving water.
If you are filing as a co-permittee and a storm water general permit number has been
issued, enter that number in the space provided.
Indicate whether or not the owner or operator of the facility has existing quantitative
data that represent the characteristics and concentration of pollutants in storm water
discharges.
Indicate whether the facility is required to submit monitoring data by entering one of the
'
Those facilities that must submit monitoring data (e.g., choice 2) are: Section 313
EPCRA facilities; primary metal industries; land disposal units/lndnerators/BIFs: wood
treatment facilities; facilities with coal pile runoff; and, battery reclaimers.
List in descending order of significance, up to four 4-digit standard. Industrial
classification (SIC) code* that best describe the principal products or services provided
at the facility or site identified In Section II of this application.
For Industrial activities defined in 40 CFR 122.26(b)(14)(0-
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Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
41341
APPENDIX D—Notice of Termination and Instructions
PIMM Soe Instructions Before Completing This Form
Form Approved. ouano.204o-oo»«
NPDES
FORM
&EPA
United Stales Environmental Protection Agency
Washington. DC 20460
Notice of Termination (NOT) of Coverage Under the NPDES General Permit
tor Storm Water Discharges Associated with Industrial Activity
.._,_.., Identified In Section II of this form Is no longer authorized toidtectorge storm water
AU.7FECESSARY INFORMATION MUST BE PROVIDED ON THIS FORM:
I Patmtt Information
NPDES Storm Water
G«n«nl Ptrmit Number:
Check Here If You are No Longer I I
8>e Operator of the Facility: I 1
Check Here if the Storm Water
Discharge Is Being Terminated:
li. F*d»y Operator Information
I i , i i i t t i i i i i i t i ! i - • ' ' — i — i — i — ! — i — i — ! — s — i Phone: L..X...J — 1 — I.....A.....I — I — J.....X..J
: L, I „-*,--! f, i t, i 1....1.....I.....I _ i __ I _ I, ,.,.'„„.! __ I __ ! _ !__i — l~J — ! — i — I — i — i.....i....i_..J — I.....J
Cfty: I i i < i i i ' i ».....«. .'...i- ! • ' ' i i i i i I Stats: L....I....J ZIP Code:
II). FadHty/SHa Location Information
Nano: L», v ' ' ' ' ' ' ' '—i—'—'—i—<—'—'—'—'—i—J—J—'—'—'—>
Addrtt*: f ' • ' ' ' •'•--' ' ' ' ' ' ' -'---'—'—>—'—'—i—J~—».—i—'•—'—*
City: > i t i i i . i i i i i i i t i i i i i i i
State: i !. I ZIP Code: ! ' ! ' '• < ' ' ' '
>• | I I I I I 1 |jongmide:Lj_JL_L.!.._l_i_jQiiartflr: La....! Section: L.J..J Township: 1 , ; = J Range: L..i....J....J._.J
tV. CofSflcmBon: I corBV under penafty of bwthat an ttorm water discharges associated with Wustn^ ariMty fran Ihe IdenWi^
NPDES ooowal permit hav9 teUvellmhated or that I am ho longer tne operator of the facility or construction site. I understand that by submitting this Notice oj
TcrmloaSon. I mino longer authorized to discharge storm water associated with Industrial activity under this general permit, and that discharging polutante In
•torm w*ar «sodatod with Industrial activity to waters of the United States b unlawful under tie Clean Water Act where the discharge Is not authorized bya
NPDES permit I *so uodorstand «iat Bie eubmlttal of thfeNotto of Termination does not release an operator from llabllty for any vWaflons of this permit or Sie
Cfein Wafer Act.
Print Name: I ..... i ..... I — l
; — :__! — ! — : — : — '. — i — : — i — '. — 3 — i— ; i — 2-,.s — i-o._ i
• t_J Date: [..™i.....L...i....l.....i-...i
Initructiont for Comptatlnfl Notice of Termination (NOT) Form
Who lUy Fit* • Nolle* of Tcrmlrurtlon (NOT) Form
Ptfmtem who «.-» prvuntty cov«f*d undtr the EPA luuad Natkxial Pollutant
Okdwg* EKfrimihxi Eytum (NPDES) General Permit for Storm Watar
DlchtjM AuodaMd wttfi InduttrW ActMy may submit a Notice ofTermlnation
(NOT) form when ttwlr tadlttlet no longer have eny itorm water dlKharges
auodaled w«h InduMrtal actMy ai denned In the itortn water regulator!! at 40
CFR12258 (b){14), or when *>ey are no ton
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41342
Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
Instruction* - EPA Form 3610-7
Nptte* of Termination (NOT) ot Coverage Under Th» NPDES General Psrmtt
for Storm Witar Discharges Associated WHh Industrial Activity
Section I Permit Information
Enter the existing NPDES Storm Water General Permit number assigned to the
facility or site identified in Section III. If you do not know the permit number,
contact the Storm Water Hotline at (703) 821-4823.
Indicate your reason for submitting this Notice of Termination by checking the
appropriate box:
If Inert has been • change of operator and you are no longer the operator
of the facility or site identified in Section III, check the corresponding box.
If all storm water discharges at the facility or site identified In Section lit have been
terminated, check the corresponding box.
Section II FsellHy Operator Information
Give the legal name of the person, firm, public organization, or any other entity that
operates the facility or site described In this application. The name of the operator
may or may not be the same name as the facility. The operator of the facility is
the legal entity which controls the facility's operation, rather than the plant or site
manager. Do not use a colloquial name. Enter the complete address and
telephone number of the operator.
Section 111 Facility/Sit. Location Information
Enter the facility's or site's official or legal name and complete address, including
dty, state and ZIP code. If the facility lacks a street address, Indicate the state,
the latitude and longitude of the facility to the nearest 15 seconds, or the quarter,
section, township, and range (to the nearest quarter section) of the approximate
center of the site.
[FR Doc. 92-21384 Filed 9-8-92; 8:45 am]
BILLING CODE 6560-50-C
Section IV Certification
Federal statutes provide for severe penalties for submitting false information on
this application form. Federal regulations require this application to be signed as
follows: ,...,.
Fora corporation: by a responsible corporate officer, which means: (I) president,
secretary, treasurer, or vice-president of the corporation in charge of a principal
business function, or any other person who performs similar policy or decision
making functions, or (10 the manager of one or more manufacturing , production,
or operating facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), If
authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures;
For a partnership or sole proprietorship: by a general partner or the proprietor; or
For a muniopaSv, State, Federal, or other public facility: by either a principal
executive officer or ranking elected official.
Paperwork Reduction Act Notice
Public reporting burden for this application is estimated to average 0.5 hours per
application, including time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding the burden
estimate, any other aspect of the collection of information, or suggestions for
improving this form, including any suggestions which may increase or reduce this
burden to: Chief, Information Policy Branch, PM-223, U.S. Environmental
Protection Agency, 401 M Street. SW, Washington, DC 20480, or Director, Office
of Information and Regulatory Affairs, Office of Management and Budoet,
Washington, DC 20503.
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